HomeMy WebLinkAboutCity Council - Apr 2017 - June 2017Staff
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AGENDA OF THE CITY COUNCIL
. . . . . . . . . . . . .
Tuesday, June 20, 2017 *
Special Non -televised Closed Session (5:00)
Televised Regular Meeting (6:45)
Savita Vaichyanathan
Darcy Paul Mayor Rod Sinks
Steven Scharf Vice Mayor Councilmember
Councilmember
Randolph Hom
City Attorney Ali_
David Brandt•
7
City Manager
Staff
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
Staff
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:
introduces
FMayor
agenda it,-
1
Staff reports and makes
recommendation
Applicant or
Appellant makes
presentation
(up to 10 mins.)
It
—
Mayor invites members of
the public to speak about
the agenda item
It
Mayorcloses the hearing
�>
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.aspx
?page=125 for a reconsideration petition
form.
CITY OF CUPERTINO
AGENDA
CUPERTINO CITY COUNCIL
10350 Torre Avenue and 10300 Torre Avenue
Tuesday, June 20, 2017
5:00 PM
Special Meeting Non -Televised Closed Session (5:00)
Followed by 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, June 20, 2017, commencing at 5:00 p.m. for a
closed session beginning in Community Hall . Council Chamber, 10350 Torre
Avenue, Cupertino, California and then moving to 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
10350 Torre Avenue, Community Hall Council Chamber
CLOSED SESSION
1. Subject: Conference with Legal Counsel - Anticipated Litigation Initiation of
litigation pursuant to subdivision (c) of Governinent Code Section 54956.9 (one
potential case)
ADJOURNMENT
REGULAR MEETING
ROLL CALL - 6:45 PM
10350 Torre Avenue, Community Hall Council Chamber
PLEDGE OF ALLEGIANCE
cin, OF CUPGRTINO Page I
City Council
AGENDA June 20, 2017
CEREMONIAL MATTERS AND PRESENTATIONS
1. Subject: Proclamation for July as National Park & Recreation Month
Recommended Action: Present Proclamation for July as National Park & Recreation
Month
2. Subject: Presentation regarding Fourth of July festivities
Recommended Action: Receive presentation regarding Fourth of July festivities
3. Subiect: Proclamation for International Yoga Day on June 21
Recommended Action: Present Proclamation for International Yoga Day on June 21
4. Subject: Presentation regarding Climate Action Plan & Greenhouse Gas Inventory
Recommended Action: Receive presentation regarding Climate Action Plan &
Greenhouse Gas Inventory
Staff Report
A 2016 Climate Action Plan Progress Update Report
B. 2015 Greenhouse Gas Inventory Update
Q. CAP Progress Report Summary
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
simultaneotisly.
5. Subject: Approve the June 6 City Council minutes
Recommended Action: Approve the June 6 City Council minutes
A - Draft Minutes
CITY OF CUPERTINO Page 2
City Council AGENDA June 20, 2017
6. Subject: Budget appropriation for the funding agreement between the City of
Cupertino and Santa Clara Valley Transportation Authority (VTA) for the
I-280/Wolfe Road Interchange Improvements Project
Recommended Action: Approve the budget appropriation for the funding agreement
between the City of Cupertino and Santa Clara Valley Transportation Authority
(VTA) for the I-280/Wolfe Road Interchange Improvements Project
Staff Report
A - Funding Agreement Amendment
7. Subject: 2016 Department of Housing and Community Development (HCD)
Annual Housing Element Progress Report
Recommended Action: Accept the 2016 Department of Housing and Community
Development (HCD) Annual Housing Element Progress Report
Staff Report
A - 2016 HCD Annual Housing Element Progress Report
SECOND READING OF ORDINANCES
PUBLIC HEARINGS
S. Subject: Fiscal Year 2017-18 Fee Schedule (continued from June 6)
Recommended Action: Adopt Resolution No. 17-052 approving the FY 2017-18
Fee Schedule (continued from June 6)
Staff Report
A - Draft Resolution
B - Proposed Schedule A - General Fees
C - Proposed Fee Schedule B - Engineering Fees
D - Proposed Fee Schedule C - Planning Fees
E - Proposed Fee Schedule D - Building Fees
F - Proposed Fee Schedule E - Recreation
CITY OF CUPERTINO Page 3
City Council AGENDA June 20, 2017
9. Subject: Public hearing to consider the Capital Improvement Plan (CIP); and a
finding of General Plan conformance; and the Recommended Budget for Fiscal
Year (FY) 2017-18; and the Adoption of the Recommended Budget; and
Establishment of the Appropriation Limit, and related actions
Recommended Action: 1. Adopt Resolution No. 17-053 establishing a special
project budget for Public Works Traffic Engineering Program for costs related to
Apple Pass through Revenues for FY 2017-18; and
2. Adopt Resolution No. 17-054 establishing an Operating Budget and Capital
Budget for FY 2017-18; and
3. Approve the appropriation of $22,000 in Public Works Traffic Engineering for a
Senior Mobility Pilot Program; and
4. Approve the appropriation of $800 to $1000 for City Council Community
Funding for the Iranian Federated Women's Club Event; and
5. Approve the appropriation of $50,000 for the Creekside Bldg. Roof Modification;
and
6. Approve the appropriation of $779,762 in the Capital Improvement Fund and the
appropriation of $779,762 in transfers out from the Transportation Fund to fund Bike
Plan Implementation costs in the Capital Improvement Fund; and
7. Approve the appropriation of $3 million in Capital Projects for the Bike Plan
Implementation and the additional appropriation of $3 million in transfers out of the
Capital Reserve to fund Bike Plan costs; and
8. Adopt Resolution No. 17-055 establishing an Appropriation Limit for FY
2017-18; and
9. Adopt Resolution No. 17-056 amending the Unrepresented Employees'
Compensation Program
Staff Report
A Draft Resolution - Pass through Revenue Budget for FY 2017-18
B Draft Resolution - Operating and Capital Budget for FY 2017-18
C - Draft Resolution - Appropriation Limit for FY 2017-18
D - Budget. Study Session Follow-up items
E Draft Resolution - Unrepresented Employees' Compensation Program
F Unrepresented Employees' Compensation Program - Redlined
G Unrepresented Employees' Compensation Program - Clean
H - Job Description - Emergency Services Coordinator
I Job Description - Innovation and Technology Manager - Applications
J - Job Description - Transportation Manager
CITY OF CUPERTINO Page 4
City Council AGENDA June 20, 2017
10. Subject: 2017-18 Community Development Block Grant (CDBG) Program,
General Fund Human Service Grants (HSG) Program and Below Market Rate
(BMR) Affordable Housing Fund (AHF) funding allocations
Recommended Action: Conduct the Public Hearing and
approving the 2017-18 Community Development Block
General Fund Human Service Grants (HSG) Program
(BMR) Affordable Housing Fund (AHF) funding allocations
Staff Report
A - Draft Resolution
B - Housing Commission Resolution No. 17-02
C - 2017-18 CDBG, HSG and BMR AHF Grant Application Summary
D - 2017-18 CDBG, HSG and BMR AHF Grant Application Descriptions
E - 2017-18 CDBG Capital Housing Project Contract
F - 2017-18 CDBG Public Service Contract Amendment
G - 2017-18 HSG Public Service Contract Amendment
H - 2017-18 BMR AHF Public Service Contract Amendment
I - 2017-18 BMR AHF Public Service Contract
adopt Resolution 17-057
Grant Program (CDBG),
and Below Market Rate
CITY OF CUPERTINO Page S
City Council AGENDA
June 20, 2017
11. Subject: Development project to consider allowing the construction of
a 19 unit
affordable senior housing development with associated parking and
landscape
improvements on a vacant parcel including a Heart of the City Exception
to allow
100% of the front and rear of the property to be a non -retail use (Application
No.
(s): DP-2016-02, ASA-2016-15, EXC-2017-03; Applicant(s): Kathy
Robinson
(Charities Housing); Location: 19160 Stevens Creek Boulevard;
APN(s):
375-07-001)
Recommended Action: Staff recommends that the City Council:
1. Find that the proposed actions are exempt from CEQA; and
2. Adopt Resolution No. 17-058 approving Development Permit (DP-2016-02); and
3. Adopt Resolution No. 17-059 approving Architectural and Site
Approval
(ASA-2016-15); and
4. Adopt Resolution No. 17-060 approving Heart of the City
Exception
(EXC-2017-03)
Staff Report
A - Draft Resolution (DP-2016-02)
B - Draft Resolution (ASA-2016-15)
C - Draft Resolution (EXC-2017-03)
D - Public Comments
E - Memo to File regarding Use Permit and CEQA Exemption
F - Plan Set
G - Planning Commission Resolution No. 6829
H - Planning Commission Resolution No. 6830
I - Planning Commission Resolution No. 6831
ORDINANCES AND ACTION ITEMS
12. Subject: Brush abatement for public nuisance and potential fire hazard
Recommended Action: Remove this item from the agenda since all parcels on the
list have complied
Staff Report
A - SCCFD Letter
CITY OF CUPERTINO Page 6
City Council AGENDA June 20 201 7
13. Subject: First reading of an Ordinance Amending Chapter 16.72 of the Cupertino
Municipal Code regarding Recycling and Diversion of Construction and
Demolition Waste
Recommended Action: Conduct the first reading of Ordinance No. 17-2164: "An
Ordinance of the City Council of the City of Cupertino amending Sections
16.72.010, 16.72.020, 16.72.030, 16.72.040, 16.72.050, 16.72.060 and 16.72.070 of
Chapter 16.72 of Title 16 of the Cupertino Municipal Code. regarding recycling and
diversion requirements for construction and demolition waste to be consistent with
the California Green Building Standards Code"
Staff Report
A - Proposed Ordinance
B - Redline Proposed 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
CITY OF CUPERTINO Page 7
City Council AGENDA June 20, 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: //tivtivw. 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.
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 OFCUPERTINO 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:Htwitter.com/CityofCupertino
https://www.instagram.com/cityofcupertino
AUDIO
Tune into Radio Cupertino, 1670 AM, for meeting announcements, public service messages, and emergency
ements.
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 JUNE 6, 2017 CONTINUATION OF
PUBLIC HEARING ITEM TO JUNE 20, 2017
NOTICE IS HEREBY GIVEN that the following public hearing item was
continued from June 6 to June 20 for purposes of public hearing, consideration,
deliberation, and decision:
Subject: Fiscal Year 2017-18 Fee Schedule
The meeting will be held in the Community Hall Council Chamber, 10350 Torre
Avenue, Cupertino, California.
Dated this 6th day of June, 2017
STATE OF CALIFORNIA
COUI Y OF
Grace Schmidt, City Clerk
) SS.
I, .11 ) , AN
Et FLYEE THE CITY OF CUPERTINO
DEPART-
NIENT, STATE UNDER PENALTY OF
PEPJURY/THAT ON (DATE) -7
(TIME) I o- I f , I PERSONALLY
POSTED THE N TiCTE/ GENDA ON THE
BTJLLETIN BOARD Ar CITY H�NLL.
CUPERTINO
AGENDA OF THE CITY COUNCIL
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7: CMI PERSONALLY
P06TED THE i�4"--% i'ICE/'AGENDA ON THE
BULLETIN BOARD AT CITY HALL.
Savita Vaidhyanathan
Darcy Paul
Steven Scharf Vice Mayor Mayor Coun�"cil 'Ienmter Barry Chang SIiJl�fr'il
Councilmem\ \ I / o uncilmember
Randolph Hom
City Attorney Grace Schmidt AM it
David Brandt .
City Manager
Staff —, '
Staff —I
Speaker's
Podium
COMMUNITY HALL COUNCIL CHAMBER
10350 TORRE AVENUE • CUPERTINO, CA 95014
TELEPHONE: (408) 777-3220 (CITY HALL)
WEBSITE: www.cupertino.org
Staff
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 �J
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.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
10350 Torre Avenue, Council Chamber
Tuesday, June 6, 2017
6:45 PM
PLEDGE OF ALLEGIANCE
ROLL CALL
STUDY SESSION
1. Subject: Study Session Regarding the Amended Proposed Fiscal Year 2017-2018
Capital Improvement Program (CIP) Budget
Recommended Action: Receive the Amended Proposed Fiscal Year 2017-2018 CIP
for consideration
Staff Report
A - Amended Proposed Fiscal Year 2017/18 Capital Improvement Progra;
CEREMONIAL MATTERS AND PRESENTATIONS
2. Subject: Presentation on new City website features
Recommended Action: Receive presentation
3. Subject: Certificate of Commendation to Monta Vista High School chemistry
teacher Kavita Gupta for her work to support students in our community
Recommended Action: Present Certificate of Commendation
4. Subject: Presentation of the Biennial Community Survey
Recommended Action: Receive the presentation and accept the City of Cupertino
2017 Community Survey report
A - 2017 Community Survey Report
POSTPONEMENTS
ORAL COMMUNICATIONS
CITY OF CUPERTINO Page 1
City Council AGENDA June 6, 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 May 16 City Council minutes
Recommended Action: Approve the May 16 City Council minutes
A - Draft Minutes
6. Subject: Approve the May 23 Special Meeting (Teen Commission interviews)
City Council minutes
Recommended Action: Approve the May 23 Special Meeting (Teen Commission
interviews) City Council minutes
A - Draft Minutes
7. Subject: Annual adoption of City Investment Policy
Recommended Action: Adopt Resolution No. 17-049 accepting the City Investment
Policy
Staff Report
A - Draft Resolution Accepting the City Investment Policy
B - Investment Policy Marked
C - Investment Policy Final
8. Subject: Annual adoption of Other Post -Employment Benefits ("OPEB") Trust
Investment Policy
Recommended Action: Adopt Resolution No. 17-050 accepting the OPEB Trust
Investment Policy
Staff Report
A - Draft Resolution accepting the OPEB Investment Policy
B - OPEB Trust Investment Policy MARKED
C - OPEB Trust Investment Policy Final
CITY OF CUPERTINO Page 2
City Council AGENDA June 6, 2017
9. Subject: Authorize the Mayor to send a letter opposing SB 649
Recommended Action: Authorize the Mayor to send a letter to Senator Ben Hueso
(the author of the bill), and to copy Senator Jim Beall, Assemblyman Evan Low,
Assemblyman Marc Berman and League of Cities Regional Public Affairs Manager
Seth Miller
Staff Report
A - Draft Letter of Opposition to SB 649
10. Subject: Appointment of Hinderliter, de Llamas & Associates (HdL) as
the City's
representative with authority to examine tax records of the State
Board of
Equalization, for purposes related to governmental functions of the City
related to
collection of City sales, use, and transaction taxes
Recommended Action: Adopt Resolution No. 17-051 authorizing Hinderliter,
de
Llamas & Associates to serve as the City's representative with the State
Board of
Equalization
Staff Report
A - Draft Resolution
11. Subject: Contract with Dan Gertmenian for the Math Olympiad
education
program for the period of July 1, 2017 - June 30, 2018
Recommended Action: Authorize the City Manager to negotiate and
execute a
contract with Dan Gertmenian for the Math Olympiad youth program for the
one-year period of July 1, 2017 - June 30, 2018
Staff Report
12. Subject: Amendment with Friends of the Stevens Creek Trail and the Santa Clara
Valley Audubon Society for the period extending through June 30, 2018
Recommended Action: Authorize the City Manager to amend a contract with
Friends of the Stevens Creek Trail and the Santa Clara Valley Audubon Society at
McClellan Ranch Preserve for the period extending through June 30, 2018
Staff Report
A - Audubon Draft Agreement Second Amendment
B - Friends Draft Agreement Second Amendment
13. Subject: Application for Alcohol Beverage License for Barista Dan Inc (dba
Bitter + Sweet), 20560 Town Center Lane
Recommended Action: Recommend approval to the California Department of
Alcoholic Beverage Control of the application for Alcohol Beverage License for
Barista Dan Inc (dba Bitter + Sweet), 20560 Town Center Lane
Staff' Report
A - Application
CITY OF CUPERTINO Page 3
City Council AGENDA .June 6, 2017
SECOND READING OF ORDINANCES
PUBLIC HEARINGS
14. Subject: Fiscal Year 2017-18 Fee Schedule
Recommended Action: Adopt Resolution
Fee Schedule
Staff Report
A - Draft Resolution
B - Proposed Schedule A - General Fees
C - Proposed Fee Schedule B - Engineering Fees
D - Proposed Fee Schedule C - Planning Fees
E - Proposed Fee Schedule D - Building Fees
F - Proposed Fee Schedule E - Recreation
ORDINANCES AND ACTION ITEMS
REPORTS BY COUNCIL AND STAFF
No. 17-052 approving the FY 2017-18
15. Subject: Report on Committee assignments and general comments
Recommended Action: Report on Committee assignments and general comments
1 9 JWILJ
16. Subject: Adjournment in memory of Homestead High School sophomore
Kimberly Nuestro
Recommended Action: Adjourn the meeting in memory of Homestead High School
sophomore Kimberly Nuestro
CITY OF CUPERTINO Page 4
City Council AGENDA June 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.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 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
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.
1►�i�7�I�1
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:Htwitter.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
CUPERTINO
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BULLETIN BOf.:::_ v AT CITY f1ALL.
LATE
AGENDA OF THE CITY COUNCIL
Tuesday, May 16, 2017
Special Meeting Televised Study Session (3:00)
and Non -televised Closed Session (immediately following)
Televised Regular Meeting (6:45)
Steven Scharf
Councilmember
Randolph Hom \
City Attorney
David Brandt
City Manager
Staff —,
Staff —A&
Savita Vaidhyanathan
Darcy Paul Mayor Rod Sinks
Vice Mayor ( Councilmember Barry Chang
\ / Councilmember
- Grace Schmidt
City Clerk
Auk, — Staff
a
Speaker's
Podium
COMMUNITY HALL COUNCIL CHAMBER
10350 TORRE AVENUE • CUPERTINO, CA 95014
TELEPHONE: (408) 777-3220 (CITY HALL)
WEBSITE: www.cupertino.org
— Staff
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
recommendation
Council members ask questions
1
Applicant or
Council members ask questions
Appellant makes
presentation
(up to 10 mins.)
1
Mayor invites members of 4
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
speakers.
Mayor closes the
hearing
1
X 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.cur)ertino.oriz/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, May 16, 2017
3:00 PM
Special Meeting Televised Study Session (3:00) and Non -televised Closed Session (immediately
following); Followed by 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, May 16, 2017, commencing at 3:00 p.m. for a
study session in Community Hall Council Chamber, 10350 Torre Avenue,
Cupertino, California 95014 and a closed session immediately following 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 - 3:00 PM
10350 Torre Avenue, Community Hall Council Chamber
STUDY SESSION
CITY OF CUPERTINO Page I
City Council AGENDA May 16, 2017
1. Subject: Study session regarding the Proposed Fiscal Year 2017-2018 Budget
Recommended Action: Conduct the Budget study session
A. Budget Message/Overview of FY 2017-2018 Proposed Budget
B. Review of Pass -through Revenues/Expenses
C. Departmental Budgets:
* Council and Commissions
* Administration
* Law Enforcement
* Innovation & Technology
* Administrative Services
* Recreation and Community Services
* Planning and Community Development
* Public Works
D. 5 Year Capital Improvment Program (CIP)
E. Questions and Answers
F. Public Comments
G. Council Comments
A - Organization Chart
B - City Officials and Commissions and Committee's DIrectgZ
C - Budget Message
D - Budget Guide
E - Community Profile
F - Financial Policies and Schedules
G - Council and Commissions
G 1 - Community Funding_apps for 2017-18
H - Administration
I - Law Enforcement
J - Innovation & Technology
K - Administrative Services
L - Recreation and Community Services
M - Planning and Community Development
N - Public Works
O - Non Departmental
P - Personnel Schedules
Q - Capital Improvments
CLOSED SESSION - Immediately following the study session
10300 Torre Avenue, City Hall Conference Room A
CITY OF CUPERTINO Page 2
City Council AGENDA May 16, 2017
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; Cit o�pertino; Town of Los Gatos v. California
Department of Transportation, et al., Santa Clara County Superior Court Case No.
115CV281214.
ADJOURNMENT
REGULAR MEETING
PLEDGE OF ALLEGIANCE - 6:45 PM
10350 Torre Avenue, Community Hall Council Chamber
ROLL CALL
CEREMONIAL MATTERS AND PRESENTATIONS
1. Subject: Proclamation for Public Works Week on May 21-27, 2017
Recommended Action: Present Proclamation
2. Subject: Proclamations recognizing Cupertino Green Businesses for their
contribution to the health of our community
Recommended Action: Present Proclamations
3. Subject: Present certificates and awards for the Cupertino Historical Society's 3rd
Annual History Scholarship Award Contest
Recommended Action: Present certificates and awards for the Cupertino Historical
Society's 3rd Annual History Scholarship Award Contest
4. Subject: Presentation by Cupertino -Hsinchu Sister City Association (CHSCA)
regarding its recent Cupertino Student Delegate trip to Hsinchu City, Taiwan
Recommended Action: Receive presentation by Cupertino -Hsinchu Sister City
Association (CHSCA) regarding its recent Cupertino Student Delegate trip to
Hsinchu City, Taiwan
5. Subject: Commendations and presentations from the 2017 Hackathon Winners
Recommended Action: Present commendations and accept the presentations from
the five winning teams: Volunteer X, Hood Watch, Walk With Me, Connected
Carpool, and Charity Channel
POSTPONEMENTS
CITY OF CUPERTINO Page, 3
City Council AGENDA May 16, 2017
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.
6. Subject: Approve the May 2 City Council minutes
Recommended Action: Approve the May 2 City Council minutes
A - Draft Minutes
7. Subject: Treasurer's Investment Report for Quarter Ending March, 2017
Recommended Action: Accept the Report
Staff Report
A - Investment Portfolio
B - Wells Farizo Value Comparion Report OE March 2017
C - Supplemental Portfolio Analysis
8. Subject: Designation of appointees to the Association of Bay Area
Governments
(ABAG) Plan Board of Directors
Recommended Action: Adopt Resolution No. 17-046 rescinding Resolution
No.
6864 and Appointing Directors to ABAG Plan Corporation on Behalf of
the City of
Cupertino
Staff Report
A - Draft Resolution
CITY OF CUPERTINO Page 4
City Council AGENDA May 16, 2017
9. Subject: Approve the Third Quarter Financial Report and recommended budget
adjustments for Fiscal Year 2016-2017
Recommended Action: 1. Accept the City Manager's Third Quarter Financial Report
for FY 2016-17
2. Approve the Third Quarter adjustments for FY 2016-17 as described in the
Third Quarter Financial Report
3. Adopt Resolution No. 17-047, approving Third Quarter budget adjustments
Staff Report
A - Draft Resolution
B - Third Quarter Financial Report
C - Performance Measures for each department
D - Budizet Journal for Proposed Adjustments
10. Subject: Establishment of Friendship City Relationships
Recommended Action: Review and consider five (5) applications establishing
Friendship City relationships with Beijing, People's Republic of China; Guangzhou,
People's Republic of China; Guiyang, People's Republic of China; Huizhou,
People's Republic of China; and Xuzhou, People's Republic of China.
Staff Report
A - Beijing Friendship City Application
B — Guangzhou Friendship City Application
C — Guiyam Friendship City Application
D — Huizhou Friendship City Application
E — Xuzhou Friendship City Application
11. Subject: Award a Contract to Hello Housing to administer the City's Below
Market Rate (BMR) Housing Program funded through the City's BMR
Affordable Housing Fund (AHF)
Recommended Action: 1. Adopt Resolution No. 17-048; recommending approval of
the FY 2017-18 consultant for Below Market Rate (BMR) Program Administration
to City Council for final adoption
Staff Report
A - Draft Resolution
B - RFQ BMR Housing Program Administration
C - Hello Housing Proposal
D - Housing Commission Resolution 17-01
SECOND READING OF ORDINANCES
PUBLIC HEARINGS
CITY OF CUPERTINO Page 5
City Council AGENDA May 16, 2017
ORDINANCES AND ACTION ITEMS
12. Subject: Community -centered process on a plan for Vallco
Recommended Action: That the City Council:
1. Provide direction regarding the initial phase of a community -centered process on a
plan for Vallco; and
2. Approve an increase to the Fiscal Year 2016-17 Planning and Community
Development- Mid to Long Range program budget of $25,000 for the first phase
Staff Report
13. Subject: Three Small Cell License Agreements with 1) Crown Castle Ng West,
LLC; 2) Mobilitie, LLC: and 3) GTE Mobilnet of California Limited Partnership,
d/b/a Verizon Wireless.
Recommended Action: Authorize the City Manager to enter into Small Cell License
Agreements with Crown Castle Ng West, LLC; Mobilitie, LLC; and GTE Mobilnet
of California Limited Partnership, d/b/a Verizon Wireless.
Staff Report
A - Small Cell License Agreement - Mobilitie, LLC
B - Small Cell License Agreement - Crown Castle Ng West, LLC
C - Small Cell License Agreement - GTE Mobilnet of California Limited
D - Exhibit of preferred Small Cell Pole Replacement Design Concepts
14. Subject: Comprehensive Financial Reports for Fiscal Year 2015-16
Recommended Action: Accept the City Financial Reports for Fiscal Year ending
June 30, 2016
Staff Report
A - Comprehensive Annual Financial Report FY 2015-16
B - Memorandum of Internal Control and Required Communications
C - Independent Accountant's Report on the City of Cupertino Investment
D - Site Systems and Bank Processes
REPORTS BY COUNCIL AND STAFF
15. Subject: Report on Committee assignments and general comments
Recommended Action: Report on Committee assignments and general comments
ADJOURNMENT
CITY OF CUPERTINO Page 6
City Council AGENDA May 16, 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.
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:Htwitter.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
STATE OF CALIF(--'--'7 ..".
CUPERTINO
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DATE
AGENDA OF THE CITY COUNCIL
Tuesday, May 2,2017
Televised Regular Meeting (6:45)
Savita Vaidhyanathan
Darcy Paul Mayor Rod Sinks
Steven Scharf Vice Mayor Councilmember
Councilmember
Randolph Hom
City Attorney
David Brandt
City Manager
Staff — **
Staff — if
w
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
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
or invites members of
7e'publicto speak about
the agenda item
1
Mayor closes the
hearing
1
X
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.cuoertino.oria/index.as
px?paee=125 for a reconsideration
petition form.
CITY OF CUPERTINO
AGENDA
CUPERTINO CITY COUNCIL
10350 Torre Avenue, Council Chamber
Tuesday, May 2, 2017
6:45 PM
PLEDGE OF ALLEGIANCE
ROLL CALL
CEREMONIAL MATTERS AND PRESENTATIONS
1. Subject: Proclamation declaring May as National Bike Month
Recommended Action: Present Proclamation declaring May as National Bike Month
2. Subject: Proclamation declaring May as National Foster Care Awareness Month
Recommended Action:. Present Proclamation declaring May as National Foster Care
Awareness Month
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 April 18 City Council minutes
Recommended Action: Approve the April 18 City Council minutes
A - Draft Minutes
C/TYOFCUPERT/NO Page l
City Council AGENDA May 2, 2017
4.
Subject: Accept Accounts Payable for the period ending March 17, 2017
Recommended Action: Adopt Resolution No. 17-038 accepting
Accounts Payable
for the period ending March 17, 2017
A - Draft Resolution
B - AP Report
5.
Subject: Accept Accounts Payable for the period ending March 24, 2017
Recommended Action: Adopt Resolution No. 17-039 accepting
Accounts Payable
for the period ending March 24, 2017
A - Draft Resolution
B - AP Report
6.
Subject: Accept Accounts Payable for the period ending March 31, 2017
Recommended Action: Adopt Resolution No. 17-040 accepting
Accounts Payable
for the period ending March 31, 2017
A - Draft Resolution
B - AP Report
7.
Subject: Accept Accounts Payable for the period ending April 7, 2017
Recommended Action: Adopt Resolution No. 17-041 accepting
Accounts Payable
for the period ending April 7, 2017
A -Draft Resolution
B - AP Report
8.
Subject: Adopt a resolution affirming the City's commitment to being an
equitable community
Recommended Action: Staff recommends that the City Council
adopt Resolution
No. 17-045 affirming the City's commitment to a diverse, supportive, inclusive
community and to protecting the constitutional rights of its residents
Staff Report
A - Draft Resolution
B - Equitable Communities Background Information
9. Subject: Letter of Support for State Senate Bill 231
Recommended Action: Direct staff to send a letter of support for Senate Bill 231
(Hertzberg): Stormwater Stewardship from the Mayor, as attached
Staff Report
A - Sample Letter of Support
CITY OF CUPERTINO Page 2
City Council AGENDA May 2, 2017
10. Subject: Declare brush to be a public nuisance and potential fire hazard and set
hearing for June 20 for objections to proposed removal
Recommended Action: Adopt Resolution No. 17-042 declaring brush to be a public
nuisance and potential fire hazard and setting the hearing date for June 20
Staff Report
A - Draft Resolution
11. Subject: Amendment to Funding Agreement between the City of Cupertino and
the Santa Clara Valley Transportation Authority (VTA) for the I-280/Wolfe Road
Interchange Improvements Project
Recommended Action: Authorize the City Manager to execute an amendment to an
existing agreement with the VTA to identify their respective obligations in regard to
the I-280/Wolfe Road Interchange Improvements Project
Staff Report
A - Draft Amendment to Funding Agreement
12. Subject: Application for Alcohol Beverage License for TLT International (dba
TLT & Grill), 20371 Stevens Creek Boulevard
Recommended Action: Recommend approval to the California Department of
Alcoholic Beverage Control of the application for Alcohol Beverage License for
TLT International (dba TLT & Grill), 20371 Stevens Creek Boulevard
Staff Report
A - Application
SECOND READING OF ORDINANCES
13. Subject: Second reading of an ordinance amending the Municipal Code to
develop an application process for the Single -Story Overlay Zoning Districts in
Single -Family residential (R-1) zones (Application No.: MCA-2017-02;
Applicant: City of Cupertino; Location: Citywide)
Recommended Action: Conduct the second reading and enact Ordinance No.
17-2162: "An Ordinance of the City Council of the City of Cupertino amending Title
19, Zoning, of the Cupertino Municipal Code Chapter 19.12 (Administration),
Chapter 19.20 (Permitted, Conditional and Excluded Uses in Agricultural and
Residential Zones), and Chapter 19.28 (Single -Family Residential R-1) Zones), to
create a Single -Story Overlay District process"
Staff Report
A. Ordinance No. 17-2162
B. Redline document indicating changes
CITY OF CUPERTINO Page 3
City Council AGENDA May 2, 2017
14. Subject: Second reading of an ordinance amending Section 11.27.145 of the
Cupertino Municipal Code relating to designation of preferential parking zone on
Randy Lane, Larry Way and a portion of Merritt Drive
Recommended Action: Conduct the second reading of Ordinance 17-2163: An
ordinance of the City Council of the City of Cupertino amending Section 11.27.145
of the Cupertino Municipal Code relating to designation of preferential parking
zones on Randy Lane, Larry Way and a portion of Merritt Drive, Monday through
Friday between 8 a.m. and 4 p.m.
Staff Report
A - Permit Parking Map
B - Draft Ordinance
PUBLIC HEARINGS
15. Subject: Update on regional drought response, adoption of 2017-18 Regulations
Restricting Water Use and authorization of an amendment of the FY16/17
Memorandum of Understanding (MOU) with the Santa Clara Valley. Water
District (District) for the landscape conversion rebate program
Recommended Action: Staff recommends that the City Council take the following
actions:
1) Receive staff report on continued regional drought actions; and
2) Adopt Resolution No. 17-043 with 2017-2018 Regulations Restricting Water Use;
and
3) Adopt Resolution No.17-044 authorizing the City Manager to amend the FY16/17
Memorandum of Understanding (MOU) with the District for the landscape
conversion rebate program to include the graywater laundry to landscape program
and extend the MOU from December 30, 2017 to June 30, 2018.
Staff Report
A - Executive Order B-40-17
B - Notice of Intent to Adopt the 2017-18 Regulations Restricting Water i
C - Draft Resolution with 2017-18 Regulations Restricting Water Use and
D - Water Conservation Restriction Measures for City Facilities
E - District Landscape Conversion Rebate Program
F - District Graywater Laundry Rebate Program
G - Draft Resolution with Amendment to FY 16/17 MOU with the Distric
ORDINANCES AND ACTION ITEMS
CITY OF CUPERTINO Page 4
City Council AGENDA May 2, 2017
16. Subject: Discussion and funding for 2017 Independence Day Fireworks Display
Recommended Action: Authorize staff to coordinate and implement a fireworks
display on July 4th, 2017. This action authorizes the appropriation of an amount not
to exceed $100,000 for fireworks, City staff to support the event, and Santa Clara
county Sheriff and Fire staff to ensure safe operations.
Staff Report
REPORTS BY COUNCIL AND STAFF
17. Subject: Annual Report on the Pavement Management Program
Recommended Action: Receive the report. No action is required
Staff Report
A - PCI Condition Table
B - Street -by -street listing of improvements to be completed by the 2017 1
C - Street -by -street listing of improvements completed by the FYI 6/17 Pa
18. Subject: Report on Committee assignments and general comments
Recommended Action: Report on Committee assignments and general comments
ADJOURNMENT
CITY OF CUPERTINO Page 5
City Council AGENDA May 2, 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 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
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:Htwitter.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
CITY OF CUPERTINO
AGENDA
CUPERTINO CITY COUNCIL
10300 Torre Avenue, City Hall Conference Room A
Tuesday, May 23, 2017
3:30 PM
Non -televised Special Meeting (Teen Commission Interviews)
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, May 23, 2017, commencing at 3:30 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."
SPECIAL MEETING
ROLL CALL
COMMISSIONS INTERVIEWS
1. Subject: Teen Commission Interviews
Recommended Action: Conduct Teen Commission interviews and make
appointments for six vacancies and at least two alternates
A - Interview schedule
B - Commission Diversity Resolution
C - Teen Commission Resolution STATE OF CALIFORNIA
D - Current Teen Commission 1 ��
E - Commission Attendance Report
COUNTY OF SANTA CLARA �
F - Sample Questions
I, L Q/I S
-il— AN
G - 8th Grade Applications
EI'�'If'LOYEE OF
IIE CITY OF CUPERx INO
���
H - 9th Grade Applications
DEPART-
I - 1 Oth Grade Applications
'�" -T` T, STATE
UziI'ER PEN LTY OF
T iRY rITI- AT
(;N (DATE) 5,
J - I I th Grade Applications
K - 12th Grade Applications
j '� (Y i''
,`Tr, ,� c)_.�i .� I I
7 fig IBC;.
a C:i rY IIA LTL.
CITY OF CUPERTINO Page I
City Council AGENDA May 23, 2017
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.
ADJOURNMENT
C1T}'0FCUPERTLN0 Page 2
City Council AGENDA May 23, 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.
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 3
STATE OF CALIFORNIA )
CO Y OF A C_' rJRA ) SS.
T -n /ki -- n J. -
AN
EMPLEE OFnTHE CITY OF CLiPEP,TINO
MENT, ATE UNDER PENA DEID
TYAOF
PERJURY THAT ON (DATE)
(TIME) PL , ;SO��iALLY
POSTED THEN�TICE//,_,,��G�
END ON TI JE
BULLETIN BOARD AT CITY HALL.
-Z1�
AGENDA OF THE CIT1VEC®UNCIL s�l� RE
Tuesday, April 18, 2017
Special Meeting Non -Televised Closed Session (5:00)
Televised Regular Meeting (6:45)
Savita Vaidhyanathan
Darcy Paul Mayor Rod Sinks
Steven Scharf Vice Mayor Councilmember
Councilmember \ /
Randolph Horn
City Attorney
David Brandt Aft
�z�.
City Manager' p;
Staff
Staff —f
Speaker's
Podium
Barry Chang
Councilmember
Grace Schmidt
( ` , City Clerk
COMMUNITY HALL COUNCIL CLAMBER
10350 TORRE AVENUE . CUPERTINO, CA 95014
TELEPHONE: (408) 777-3220 (CITY HALL)
WEBSITE: www.cupertino.org
— Staff
— Staff
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 �f
agenda item
1
Staff reports and makes
recommendation
.l
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 eleftion
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.orglindex.as
px?page=125 for a reconsideration
petition form.
CITE' OF CUPERTINO
AGENDA
CUPERTINO CITY COUNCIL
10300 Torre Avenue and 10350 Torre Avenue
Tuesday, April 18, 2017
5:00 PM
Special Meeting Non -Televised 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, April 18, 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
10300 Torre Avenue, City Hall Conference Room A
CLOSED SESSION
1. Subject: Conference with Legal Counsel- Existing litigation (Subdivision (a) of
Gov't Code Section 54956.9); Name of Claimant: Adeline Chiu; Claim No.:
ABGV23821A1
2. Subject: Conference with Real Property Negotiators pursuant to Goveriunent
Code Section 54956.8. Properties: APN 375-21-001, Lawrence Expressway at
Mitty Avenue and APN 3 81-19-015, Lawrence Expressway at Doyle Road.
Agency Negotiators: Jaqui Guzman and Gail Seeds. Negotiating Parties: San Jose
Water Company; County Roads and Airports; City of San Jose. Under
Negotiation: Price and terms of payment
ADJOURNMENT
REGULAR MEETING
CITY OF CUPERTINO Page 1
City Council AGENDA April 18, 2017
PLEDGE OF ALLEGIANCE - 6:45 PM
10350 Torre Avenue, Community Hall Council Chamber
ROLL CALL
CEREMONIAL MATTERS AND PRESENTATIONS
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.
1. Subject: Approve the April 4 City Council minutes
Recommended Action: Approve the April 4 City Council minutes
A - Draft Minutes
2. Subject: Approval of the City of Cupertino's Green Infrastructure Plan
Framework
Recommended Action: Approve the Green Infrastructure Plan Framework
(Workplan) to complete a State -mandated Green Infrastructure Plan for the City , of
Cupertino by September 2019
Staff Report
A - City of Cupertino Green Infrastructure Plan Framework
3. Subject: Adoption of resolution, verifying that the City of Cupertino complies
with the terms of the Surplus Land Act - Assembly Bill 2135 (California
Government Code Section 54220, et seq.)
Recommended Action: Adopt Resolution No. 17-034, verifying that the City of
Cupertino complies with the terms of the Surplus Land Act - Assembly Bill 2135
(California Government Code Section 54220, et seq.)
Staff Report
A - Draft Resolution
CITY OF CUPERTINO Page 2
City Council AGENDA April 18, 2017
4. Subject: Adopt a resolution authorizing the City Council to designate various
staff positions as applicant's agents to represent the City for any applications with
the State Office of Emergency- Services (OES) and Federal Emergency
Management Agency (FEMA) for disaster assistance
Recommended Action: Adopt Resolution No. 17-035 authorizing the City Council
to designate various staff positions as applicant's agents to represent the City for any
applications with the State Office of Emergency Services (OES) and Federal
Emergency Management Agency (FEMA) for disaster assistance
Staff Report
A - Cal OES Form 130
B - Draft Resolution
5. Subject: Application for Alcohol Beverage License for R&T Uniwealth, Inc. (dba
Fish Is Wild), 20672 Homestead Road
Recommended Action: Recommend approval to the California Department of
Alcoholic Beverage Control of the application for Alcohol Beverage License for
R&T Uniwealth, Inc. (dba Fish Is Wild), 20672 Homestead Road
Stag Report
A - Application
SECOND READING OF ORDINANCES
PUBLIC HEARINGS
6. Subject: Amlual review of the City's Non -Point Source Control and Stormwatel
Management Program (flood control and creek pollution prevention) and
approval to renew the collection of existing storm drain fees at no increase in
rates for fiscal year 2017-2018
Recommended Action: Consider all objections or protests and adopt Resolution No.
17-036 for approval and renewal of the collection of existing storm drain fees at no
increase in rates for fiscal year 2017-2018
Staff Report
A - Draft Resolution including Engineer's Report
CITY OF CUPERTINO Page 3
City Council AGENDA April 18, 2017
7. Subject: Municipal Code Amendment to Title 19, Zoning, of the Cupertino
Municipal Code, to allow the creating of Single -Story Overlay Zones in
single-family residential zoning districts, and an amendment to Fiscal Year
2016-17 Fee Schedule (Application No(s).: MCA-2017-02; 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. 17-2162
"An Ordinance of the City Council of the City of Cupertino amending Title 19,
Zoning, of the Cupertino Municipal Code Chapter 19.12 (Administration), Chapter
19.20 (Permitted, Conditional and Excluded Uses in Agricultural and Residential
Zones), and Chapter 19.28 (Single -Family Residential R-1) Zones), to create a
Single -Story Overlay District process"; and 3. Adopt Resolution No.17-037,
amending the 2016-17 Fee Schedule to include Single -Story Overlay District
applications (Resolution No. 16-131), effective June 19, 2017
Staff Report
A - Draft Ordinance
B - Draft Resolution
C. Redline Changes - Single -Story Overlay
D - Comparison Chart
E - Planning Commission Resolution No. 6825
F - Draft Process and Guidelines
G - Redline Changes - Schedule C Planning Fees
H - Frequentk Asked Questions
ORDINANCES AND ACTION ITEMS
8. Subject: First Reading of an ordinance amending section 11.27.145 of the
Cupertino Municipal Code relating to Designation of Preferential Parking Zone
on Randy Lane, Larry Way and a portion of Merritt Drive
Recommended Action: Conduct the first reading of Ordinance No. 17-2163: "An
Ordinance of the City Council of the City of Cupertino amending section 11.27.145
of the Cupertino Municipal Code relating to designation of preferential parking
zones" on Randy Land, Larry Way, and a portion of Merritt Drive, Monday through
Friday between 8 a.m. and 4 p.m.
Staff Report
A - Permit Parking Map
B - Draft Ordinance
REPORTS BY COUNCIL AND STAFF
CITY OF CUPERTINO Page 4
City Council AGENDA April 18, 2017
9. Subject: Report on Committee assigmments and general comments
Recommended Action: Report on Committee assignments and general comments
ADJOURNMENT
CITFOF CUPER TINO Page 5
City Council AGENDA April 18, 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.
Members of the public are entitled to address the Cio) 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 font of the Council, and deliver it to the
Clerk prior to discussion of the item. ulhen 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 CUPERT/NO Page 6
THE: CfTY 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/cityofcuperti no/
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
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AGENDA OF THE CITY COUNCIL
Tuesday, April 4, 2017
Televised Regular Meeting (6:45)
Savita Vaidhyanathan
Darcy Paul Mayor Rod Sinks
Steven Scharf Vice Mayor I Councilmember
Councilmember
Randolph Hom
City Attorney ,,
David Brandt
City Manager
Staff
Staff —4*
A
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
Staff
- L'. L* �, j Ls�-
N
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.
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
C U P E RT I N O CITY COUNCIL
10350 Torre Avenue, Community Hall Council Chamber
Tuesday, April 4, 2017
6:45 PM
PLEDGE OF ALLEGIANCE
ROLL CALL
CEREMONIAL MATTERS AND PRESENTATIONS
i
1. Subject: Certificates of Commendation to individuals for achieving the goal of
summiting Mt. Kilimanjaro
Recommended Action: Award Certificates of Commendation to individuals for
achieving the goal of summiting Mt. Kilimanjaro
2. Subject: Presentation of Parks and Recreation Commission FY 16-17 Work Plan
Recommended Action: Receive presentation of Parks and Recreation Commission
FYI 6-17 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
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 March 21 City Council minutes
Recommended Action: Approve the March 21 City Council minutes
A - Draft Minutes
CITY OF CUPERTINO Page I
City Council AGENDA April 4, 2017
4. Subject: Accept Accounts Payable for the period ending February 17, 2017
Recommended Action: Adopt Resolution No. 17-029 accepting Accounts Payable
for the period ending February 17, 2017
A - Draft Resolution
B - AP Report
5. Subject: Accept Accounts Payable for the period ending February 24, 2017
Recommended Action: Adopt Resolution No. 17-030 accepting Accounts Payable
for the period ending February 24, 2017
A - Draft Resolution
B - AP Report
6. Subject: Accept Accounts Payable for the period ending March 3, 2017
Recommended Action: Adopt Resolution No. 17-031 accepting Accounts Payable
for the period ending March 3, 2017
A - Draft Resolution
B - AP Report
7. Subject: Accept Accounts Payable for the period ending March 10, 2017
Recommended Action: Adopt Resolution No. 17-032 accepting Accounts Payable
for the period ending March 10, 2017
A - Draft Resolution
B - AP Report
8. Subject: City Work Program for fiscal year 2017-2018
Recommended Action: Approve the City Work Program for fiscal year 2017-2018
Staff Report
A - 2017-2018 City Work Program
9. Subject: Extend the term of the 2015-2017 and 2016-2018 Teen Commissioners
and modify the Cupertino Teen Commission meeting schedule to a year round
meeting schedule
Recommended Action: Adopt Resolution No. 17-033 amending Resolution No.
16-138 which would authorize the Cupertino Teen Commission to meet year-round,
and would allow an extension for all current Teen Commissioners until the end of
August for their term ending year
Staff Report
Attachment A - Draft Redline Resolution
Attachment B - Clean Revised Resolution
CITY OF CUPERTINO Page 2
City Council AGENDA April 4, 2017
10. Subject: Increase construction contingency allowance for City Hall Turf
Reduction Project, (No. 2017-03)
Recommended Action: Increase the authorized construction contingency budget
from 10% to 20% of the construction contract amount, for a total of Forty-four
Thousand Six Hundred Dollars ($44,600), to marginally increase the planting area
and address unforeseen conditions during construction
Staff Report
SECOND READING OF ORDINANCES
PUBLIC HEARINGS
ORDINANCES AND ACTION ITEMS
11. Subject: Partnership request for Community Bridge Award in honor of Tommy
Shwe
Recommended Action: Consider a 'request from the Asian Pacific Islander American
Public Affairs Association (APAPA) and the Cupertino Educational Endowment
Foundation (CEEF) to partner with them to recognize a community member with the
Tommy Shwe Community Bridge Award
Staff Report
REPORTS BY COUNCIL AND STAFF
12. Subject: Report on Committee assignments and general comments
Recommended Action: Report on Committee assignments and general comments
ADJOURNMENT
CITY OF CUPERTINO Page 3
City Council AGENDA April 4, 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.
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 Pape 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
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:Htwitter.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