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HomeMy WebLinkAboutCity Council - Dec 2016 - Oct 2016CUPERTINO ST,"JrE OF CALIFORNIA ) CO 'L! d 1 Y.OF SANTA CLARA SS. � AN [ 1.LOYEE OF THE CITY OF CUPERTINO -- c4a`/L DEPART STATE Lii�L�ER PENALTY OF YF!",A URY THAT ON (DAFE) (I—h yll,. 6.F00 PA I PERSONALLY POSTED THE NOTICE/AGENDA ON THE BULLETIN BOARD AT CITY HALL. 'v// `! llr'. r AGENDA OF THE CITY COUNCIL Tuesday, December 20, 2016 Special Non -televised Closed Session (5:45) 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 —A& Speaker's Podium SIGNMURE 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: Mayor introduces agenda item I 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.htti3://www.cur)ertino.ora/index.asr)x ?page=125 for a reconsideration petition form. CITY OF CUPERTINO AGENDA CUPERTINO CITY COUNCIL 10300 Torre Avenue and 10350 Torre Avenue Tuesday, December 20, 2016 5:45 PM Non -televised Special Meeting Closed Session (5:45); 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, December 20, 2016, commencing at 5:45 p.m. in City Hall Conference Room A, 10300 Torre Avenue, Cupertino, California 95014 and the regular meeting following at 6:45 p.m. in Community Hall Council Chamber, 10350 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 - 5:45 PM 10300 Torre Avenue, City Hall Conference Room A CLOSED SESSION 1. Subject: Conference with Legal Counsel - Anticipated Litigation: Significant Exposure to litigation pursuant to paragraph (2) of subdivision (d) of Gov't Code Section 54956.9 - Two Cases 2. Subject: Conference with Real Property Negotiators (Gov't Code Section 54956.8); Property: Cupertino Municipal Water System; Agency Negotiator: Timm Borden; Negotiating Parties: City of Cupertino and San Jose Water Company; Under Negotiation: Terms for City Leased Asset ADJOURNMENT REGULAR MEETING CITY OF CUPERTINO Page l City Council AGENDA December 20, 2016 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 tinder the Consent Calendar be acted on simultaneously. 1. Subject: Approve the December 6 City Council minutes Recommended Action: Approve the December 6 City Council minutes A - Draft Minutes 2. Subject: Approve the December 8 City Council minutes Recommended Action: Approve the December 8 City Council minutes A - Draft Minutes 3. Subject: Accept Accounts Payable for the period ending October 21, 2016 Recommended Action: Adopt Resolution No. 16-133 accepting Accounts Payable for the period ending October 21, 2016 A - Draft Resolution B - AP Report 4. Subject: Accept Accounts Payable for the period ending October 28, 2016 Recommended Action: Adopt Resolution No. 16-134 accepting Accounts Payable for the period ending October 28, 2016 A - Draft Resolution B - AP Report 5. Subject: Accept Accounts Payable for the period ending November 4, 2016 CITY OF CUPERTINO Page 2 City Council AGENDA December 20, 2016 Recommended Action: Adopt Resolution No. 16-135 accepting Accounts Payable for the period ending November 4, 2016 A - Draft Resolution B - AP Report 6. Subject: Cancel the January 17 regular City Council meeting and call a special City Council meeting for January 24 Recommended Action: Cancel the January 17 regular City C011l1Cil meeting and call a special City Council meeting for January 24 Staff Report 7. Subject: Move hearing date for objections to proposed removal of a public nuisance (weeds) to February 7 and amend resolution declaring weeds on certain described property to be a public nuisance to move the hearing for objections to proposed removal to February 7 Recommended Action: 1.) Move hearing date for objections to proposed removal of a public nuisance (weeds) to February 7; and 2.) Adopt Resolution No. 16-136 rescinding Resolution No. 16-125 and adopting an amended resolution declaring weeds on certain described property to be a public nuisance to move the hearing for objections to proposed removal to February 7 Staff Report A - Draft Resolution (Redline Version) B - Draft Resolution (Clean Version) 8. Subject: Accept resignation of Teen Commissioner Rishit Gundu and direct staff to fill the unscheduled vacancy with the annual Teen Commission recruitment in May 2017 (continued from December 6) Recommended Action: Accept resignation of Teen Commissioner Rishit Gundu and direct staff to fill the unscheduled vacancy with the annual Teen Commission recruitment in May 2017 Staff Report A - Resignation letter 9. Subject: Revise the recruitment process for all commissions to add designated alternates at the time of initial appointment of regular members Recommended Action: 1.) Adopt the Resolution No. 16-137 rescinding Resolution No. 10-048 and revising the commission recruitment process for all commissions other than the Teen Commission to add designated alternates at the time of initial appointment of regular members; and 2.) Adopt the Resolution No. 16-138 rescinding Resolution No. 09-115 and revising the commission recruitment process for the Teen Commission to add designated alternates at the time of initial appointment of regular members CITY OF CUPERTINO Page 3 City Council AGENDA December 20, 2016 Staff Report A - Draft Resolution for All Advisory Bodies (Redline Version) B - Draft Resolution for All Advisory Bodies (Clean Version) C - Draft Resolution for Teen Commission (Redline Version) D - Draft Resolution for Teen Commission (Clean Version) 10. Subject: Pasadena Avenue Public Improvements Project - Increase in Contract Contingency Authorization Recommended Action: Authorize an increase in the construction contingency amount by an additional $8,000 with funds from the current appropriated project budget of $827,000 Staff Report A - Before and After Photos SECOND READING OF ORDINANCES PUBLIC HEARINGS ORDINANCES AND ACTION ITEMS 11. Subject: Discuss video contest for Friendship and Sister cities Recommended Action: Discuss video contest for Friendship and Sister cities 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 4 City Council AGENDA December 20, 2016 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-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 c•k STAFF The City Manager and the City Attorney are appointed by the Council. The City Manager is responsible for interpreting and carrying out Council policies and direction, and as the chief administrative officer, the City Manager coordinates the many activities of the city and appoints the professional and technical staff. The City Attorney is the advisor to the City Council as a whole. TYPES OF COUNCIL ACTIONS ORDINANCES Ordinances are the means by which the City enacts its local laws. Unless an urgent situation exists, ordinances will first be presented at a Council meeting as a "first reading." At a subsequent Council meeting, there will be a "second reading and adoption." Ordinances go into effect after a waiting period of thirty days, in most cases, during which time the summary of the ordinance is published in a local newspaper approved for this purpose. RESOLUTIONS Resolutions and minute orders are the means by which the City Council formally adopts policies or approves specific actions. These go into effect when adopted. APPEALS Any interested person, including a Council member, may appeal a Planning Commission or Director of Community Development decision to the City Council. An appeal must be submitted in writing to the City Clerk within 14 calendar days of the mailing of the notice of the decision. RECONSIDERATION Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City's decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's office for more information or go to www.http://www.cupertino.org/index.aspx?page=125 for a reconsideration petition form. COMMUNICATING WITH COUNCIL All Council members Savita Vaidhyanathan Darcy Paul Barry Chang Steven Scharf Rod Sinks Council administrator City Hall citycouncil@cupertino.org SVaidhyanathan@cupertino.org (408) 777-3193 DPaul@cupertino.org (408) 777-3195 BChang@cupertino.org (408) 777-3192 SScharf@cupertino.org (408) 777-3191 RSinks@cupertino.org (408) 777-3194 ToniO@cupertino.org (408) 777-3212 www.cupertino.org (408) 777-CITY Please note: the City Council discourages submission of written materials on the day of the meeting as this does not provide enough time to give the materials fair evaluation. If you must provide written materials on the day of the meeting, as least one copy must be given to the City Clerk for the permanent record, and ten copies are preferred. NEWS AND NOTICES FROM CITY HALL EMAIL Sign up for e-notification of agendas, elections, and other news on the city website at www.cupertino.org/notify TELEVISION The City Channel broadcasts City Council and Planning Commission meetings, as well as agenda previews, public service announcements, and other programs of community interest, on Channel 26 in Cupertino. The meetings are shown at these times: Tuesday (live) 6:45 p.m. Friday (replay) 10:00 a.m. Thursday (replay) 7:00 p.m. Saturday (replay) 9:00 a.m. INTERNET City Council and Planning Commission videos are available on demand at www.cupertino.org. Select "I Want To, View City Council meetings". News and community information can also be found at: https://www.facebook.com/cityofcupertino/ https://twitter.com/CityofCupertino https://www.instagram.com/cityofcupertino AUDIO Tune into Radio Cupertino, 1670 AM, for meeting announcements, public service messages, and emergency USEFUL TELEPHONE NUMBERS City of Cupertino (City Hall) General Information and Comments (408) 777-CITY Fire (Emergency) Santa Clara County Fire Dept. dispatch 911 Fire (Non -Emergency) Santa Clara County Fire Dept. (408) 378-4010 Garbage Recology South Bay (408) 725-4020 Gas & Electricity Pacific Gas & Electric (PG&E) 1-800-743-5000 Recreation & Community Quinlan Community Center (408) 777-3120 Services Police (Emergency) Santa Clara County Sheriff dispatch 911 Police (Non -Emergency) Santa Clara County Sheriff (408) 868-6600 Public Health Santa Clara County Public Health (408) 732-3720 Sanitary Sewers Cupertino Sanitary District (408) 253-7071 Water San Jose Water (408) 279-7900 California Water (650) 917-0152 CUPERTINO -ISS. OF E LL.ETIN E0, C1.i Y i1,%,LL. ---� - .., AGENDA OF THE CITY COUNCIL Tuesday, December 6, 2016 Special Non -televised Closed Session (5:30) Immediately Followed by a Televised Study Session (Approximately 6:00) Televised Regular Meeting (6:45) Barry Chang Savita Vaidhyanathan Mayor Gilbert Wong Darcy Paul Vice Mayor y Council Member Rod Sinks Council Member \ I / Council Member Randolph Hom City Attorney ` Grace Schmidt David Brandt City Manager --,' Staff —, Staff —, •/ City Clerk �_ S 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 1 Staff reports and makes �f recommendation 1 Applicant or Appellant makes presentation (up to 10 mins.) 1 Mayor invites members of the public to speak about the agenda item J. Mayor closes the hearing It Gity 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.ors, 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 10300 Torre Avenue and 10350 Torre Avenue Tuesday, December 6, 2016 5:30 PM Special Non -televised Closed Session (5:30) Immediately Followed by a Televised Study Session (Approximately 6:00); Followed by Televised Regular Meeting (6:45) NOTICE AND CALL FOR A SPECIAL MEETING (CLOSED SESSION AND STUDY SESSION) AND REGULAR MEETING OF THE CUPERTINO CITY COUNCIL NOTICE IS HEREBY GIVEN that a special meeting of the Cupertino City Council is hereby called for Tuesday, December 06, 2016, commencing at 5:30 p.m. for a closed session in City Hall Conference Room A, 10300 Torre Avenue, Cupertino, California 95014 and immediately followed at approximately 6:00 p.m. by a study session in Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, CA 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 - 5:30 PM 10300 Torre Avenue, City Hall Conference Room A CLOSED SESSION 1. Subs: Conference with Legal Counsel -Existing Litigation pursuant to Paragraph (1) of subdivision (d) of Govermnent Code Section 54956.9. Name of case: City of Saratoga; City of Cupertino; Town of Los Gatos v. California Department of Transportation, et al. STUDY SESSION - Immediately following Closed Session (Approx. 6:00 PM) 10350 Torre Avenue, Community Hall Council Chamber 2. Sub'ect: Aircraft Noise Study Session Recommended Action: Conduct study session and provide direction to staff Page I City Council AGENDA December 6, 2016 Staff Report A - November 2016 Select Committee Report ADJOURNMENT REGULAR MEETING PLEDGE OF ALLEGIANCE - 6:45 PM 10350 Torre Avenue, Community Hall Council Chamber ROLL CALL STUDY SESSION 1. Subject: Study Session on Wireless Facilities within the Public Right of Way Recommended Action: Recommend that the City Council conduct a study session and provide direction on the proposed use of public street light poles to mount small cellular facilities Staff Report A - `Bridging the Gap — 21 st Century Wireless Telecommunications Han( CEREMONIAL MATTERS AND PRESENTATIONS 2. Subject: Presentation of Teen Commission FY 16-17 Work Plan Recommended Action: Receive presentation of Teen Commission FY 16-17 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 November 15 City Council minutes Recommended Action: Approve the November 15 City Council minutes Page 2 City Council AGENDA December 6, 2016 A - Draft Minutes 4. Subject: Accept Accounts Payable for the period ending October 7, 2016 Recommended Action: Adopt Resolution No. 16-129 accepting Accounts Payable for the period ending October 7, 2016 A - Draft Resolution B - AP Report 5. Subject: Accept Accounts Payable for the period ending October 14, 2016 Recommended Action: Adopt Resolution No. 16-130 accepting Accounts Payable for the period ending October 14, 2016 A - Draft Resolution B - AP Report 6. Subject: Accept resignation of Teen Commissioner Rishit Gundu and direct staff to fill the unscheduled vacancy with the annual Teen Commission recruitment in May 2017 Recommended Action: Accept resignation of Teen Commissioner Rishit Gundu and direct staff to fill the unscheduled vacancy with the annual Teen Commission recruitment in May 2017 Staff Report A - Resignation letter 7. Subject: Establishment of Friendship City Relationships Recommended Action: Review and consider 11 applications establishing Friendship City relationships with Luoyang, People's Republic of China; Qingdao, People's Republic of China; Shanghai, People's Republic of China; Shenzhen, People's Republic of China; Suzhou, People's Republic of China; Wuhan, People's Republic of China; Yilan, Taiwan, Republic of China; and Zhaoqing, People's Republic of China; and Guro, Seoul, South Korea Staff Report Attachment A -hangmen Friendship City Application Attachment B-Luoyang Friendship City Application Attachment C-Nanchang Friendship City Application Attachment D-Oingdao Friendship City Application Attachment E-Shanghai Friendship City Application Attachment F-Shenzhen Friendship City Application Attachment G-Suzhou Friendship City Application Attachment H-Wuhan Friendship City Application Attachment I-Yilan Friendship City Application Attachment J-Zhaoging Friendship City Application Attaclunent K-Guro Friendship City Application 8. Subject: Enter into a subordination agreement with River City Bank and Joint Page 3 City Council AGENDA December 6, 2016 Powers Authority members of the Silicon Valley Clean Energy Authority Recommended Action: Authorize the City Manager to sign the subordination agreement with River City Bank and Joint Powers Authority members of the Silicon Valley Clean Energy Authority Staff Report A - Subordination Agreement 9. Subject: Budget adjustment regarding the Apple Campus 2 contracts Recommended Action: Approve the budget allocations necessary to execute the approved contracts in order to complete work at Apple Campus 2 through the end of Fiscal Year 2017 Staff Report A - Budget Allocations 10. Subject: Application for Alcohol Beverage License for Amami Shima Sushi Corp, 19068 Stevens Creek Boulevard Recommended Action: Recommend approval to the California Department of Alcoholic Beverage Control of the application for Alcohol Beverage License for Amami Shima Sushi Corp, 19068 Stevens Creek Boulevard Staff Report A - Application SECOND READING OF ORDINANCES 11. Subject: Second reading of an ordinance amending Chapter 19.08, Definitions, of the Municipal Code to add definitions of "financial institutions" and "banks" that expressly exclude payday lending and check cashing businesses with the intent to disallow such uses from operating within the City of Cupertino. (Application No(s): MCA-2016-04; Applicant(s): City of Cupertino; Location: City-wide) Recommended Action: Conduct the second reading and enact Ordinance No. 16-2157, "An Ordinance of the City Council of the City of Cupertino Amending the Cupertino Municipal Code, Title 19, Zoning, Section 19.08.030, entitled "Definitions" to add the definition of "financial institutions" and "banks" to expressly exclude payday lending and check cashing businesses with the intent to disallow such uses from operating within the City of Cupertino' Staff Report A - Draft Ordinance No. 16-2157 12. Subject: Second reading of an ordinance amending the Cupertino Municipal Code regarding the regulation, location, and the keeping of bees in the City and to make other conforming changes for clarification and internal consistency. Application No(s): MCA-2016-03; Applicant(s): City of Cupertino; Location: Citywide Page 4 City Council AGENDA December 6, 2016 Recommended Action: Conduct the second reading and enact Ordinance No. 16-2158: "An ordinance of the City Council of the City of Cupertino to amend Chapter 8.07, Beekeeping, and Table 19.20.020 of Chapter 19.20, Permitted, Conditional, and Excluded Uses in Agricultural and Residential Zones, regarding the regulation, location, and the keeping of bees in the City and to make other conforming changes to Table 19.20.020 for clarification and internal consistency" Staff Report A - Draft Ordinance 16-2158 13. Subject: Second Reading of an ordinance amending the Cupertino Municipal Code related to accessory dwelling units to conform with State Law and for internal consistency. (Application No. MCA-2016-05; Applicant: City of Cupertino; Location: City-wide) Recommended Action: Conduct the second reading and enact Ordinance No. 16-2159 "An ordinance of the City Council of the City of Cupertino amending Title 19, Zoning, of the Cupertino Municipal Code including but not limited to Chapter 19.08 (Definitions), Chapter 19.20 (Permitted, Conditional and Excluded Uses in Agricultural and Residential Zones), Chapter 19.24 (Agricultural (A) and Agricultural - Residential (A-1) Zones), Chapter 19.32 (Residential Duplex (R-2) Zones), Chapter 19.52 (Reasonable Accommodation), and Chapter 19.112 (Second Dwelling Units in R-1, RHS, A and A-1 Zones), in response to recently adopted State legislation regarding accessory dwelling units for compliance with State Law, and for internal consistency" Staff Report A - Draft Ordinance 16-2159 PUBLIC HEARINGS 14. Subject: Appeal of Kimberly Sandstrom Appeal Regarding Eligibility to Purchase Below Market Rate (BMR) Unit (Continued from November 1) Recommended Action: Approve Resolution No. 16-101 regarding the appeal of Ms. Kimberly Sandstrom and affirming the recommendation of the Housing Commission regarding the eligibility of Ms. Sandstrom to purchase a BMR unit Staff Report A- Summary of Conflict of Interest Investigation B- Draft Resolution C- Housing Commission Resolution 16-06 D- Excerpts from BMR Manual Regarding Income Calculation E- Referenced Regluations (24 CFR 5.609(b) and (c) F- Technical Guide for Determining Income G- Attachments and Other Documents Provided by ppellant H - Sandstrom presentation Page 5 City Council AGENDA December 6, 2016 15. Subject: Fiscal Year 2016-2017 Fee Schedule Amendment Recommended Action: Adopt Resolution No. 16-131 approving an amended Fiscal Year 2016-2017 Fee Schedule, effective February 6, 2017 Staff Report A - Draft Resolution B - Proposed Amendment to Schedule C — Planning Fees (redlined) C — Proposed Schedule C — Planning Fees D - Proposed Amendment to Schedule E — Recreation Fees (redlined) E — Proposed Schedule E — Recreation Fees ORDINANCES AND ACTION ITEMS 16. Subject: Consider upgrading the City's municipal electric accounts to 100% renewable and carbon free GreenPrime service with Silicon Valley Clean Energy upon service launch, which is scheduled to occur in April 2017 Recommended Action: Direct Silicon Valley Clean Energy (SVCE) to upgrade the City's electricity accounts to GreenPrime service, upon service launch in April 2017 Staff Report 17. Subject: Request from the Taipei Friendship City Committee for City to Sponsor a Smart City Conference in May of 2017 (continued from October 18) Recommended Action: Sponsor the proposed Smart City Conference Staff Report REPORTS BY COUNCIL AND STAFF 18. Subject: Report on Committee assignments and general comments Recommended Action: Report on Committee assignments and general comments ADJOURNMENT Page 6 City Council AGENDA December 6, 2016 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. Page 7 THE CITY COUNCIL AND STAFF CITY COUNCIL Cupertino is a General Law city organized under and subject to statutes of the State of California. It is governed by the five -member City Council with the Mayor as the presiding officer. City Council members are elected at -large to four-year, overlapping terms. Each November a mayor and a vice -mayor are selected by the City Council for a one-year term. The City Council receives advice and assistance from nine commissions, which are appointed by the Council. These are the Bicycle Pedestrian Commission, Fine Arts Commission, Cupertino Housing Commission, Library Commission, Parks and Recreation Commission, Planning Commission, Public Safety Commission, Teen Commission, and the Technology, Information, and Communications Commission. Council members also serve on a variety of regional bodies, including: Association of Bay Area Governments League of California Cities Santa Clara County (SCC) Cities Association SCC Emergency Preparedness Council SCC Library District SCC Emergency Preparedness Commission Santa Clara Valley Water Commission and Water District SCC Transportation Authority West Valley Mayors and Managers STAFF The City Manager and the City Attorney are appointed by the Council. The City Manager is responsible for interpreting and carrying out Council policies and direction, and as the chief administrative officer, the City Manager coordinates the many activities of the city and appoints the professional and technical staff. The City Attorney is the advisor to the City Council as a whole. TYPES OF COUNCIL ACTIONS ORDINANCES Ordinances are the means by which the City enacts its local laws. Unless an urgent situation exists, ordinances will first be presented at a Council meeting as a "first reading." At a subsequent Council meeting, there will be a "second reading and adoption." Ordinances go into effect after a waiting period of thirty days, in most cases, during which time the summary of the ordinance is published in a local newspaper approved for this purpose. RESOLUTIONS Resolutions and minute orders are the means by which the City Council formally adopts policies or approves specific actions. These go into effect when adopted. APPEALS Any interested person, including a Council member, may appeal a Planning Commission or Director of Community Development decision to the City Council. An appeal must be submitted in writing to the City Clerk within 14 calendar days of the mailing of the notice of the decision. RECONSIDERATION Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City's decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's office for more information or go to www. http://www.cupertino.org/index.aspx?page=125 for a reconsideration petition form. COMMUNICATING WITH COUNCIL All Council members: citycouncil@cupertino.org Barry Chang BChang@cupertino.org (408) 777-3192 Savita Vaidhyanathan SVaidhyanathan@cupertino.org (408) 777-3193 Darcy Paul DPaul@cupertino.org (408) 777-3195 Rod Sinks RSinks@cupertino.org (408) 777-3194 Gilbert Wong GWong@cupertino.org (408) 777-3191 Council administrator ToniO@cupertino.org (408) 777-3212 City Hall www.cupertino.org (408) 777-CITY Please note: the City Council discourages submission of written materials on the day of the meeting as this does not provide enough time to give the materials fair evaluation. If you must provide written materials on the day of the meeting, as least one copy must be given to the City Clerk for the permanent record, and ten copies are preferred. NEWS AND NOTICES FROM CITY HALL EMAIL Sign up for e-mailed agendas, minutes, elections, and other items on the city website at www.cupertino.org, or fill out a Speaker Card at the meeting and check your categories of interest. 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. Click "View meetings online." You can also use iTunes to listen online or download podcasts of City Council meetings . iTunes is a free software program available for Mac and PC users. Occasionally, news and community information is also available at www.Twitter.com/CupertinoCom 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 r7n NT 4 0 l ELii_,LETIN BC),`,; .i C L z-%, i i3�. AGENDA OF THE CITY COUNCIL Thursday, December 8, 2016 Televised Special Meeting (Election Results and Swearing -in Ceremony) (6:45) Barry Chang Savita Vaidhyanathan Mayor Gilbert Wong Darcy Paul Vice Mayor I y Council Member Council Member \ / Randolph Hom City Attorney - David Brandt City Manager' — Staff Staff —A 1W Speaker's Podium Rod Sinks Council Member / Grace Schmidt City Clerk Awm� — Staff 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.) .t Mayor invites members of the public to speak about the agenda item It Mayorcloses 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.ore, or you can purchase the items on CD. CITY COUNCIL DECISION IS FINAL Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City's decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's office for more information or go to www. http://www.cupertino.org/index.aspx?page =125 for a reconsideration petition form. CITY OF CUPERTINO AGENDA CUPERTINO CITY COUNCIL 10350 Torre Avenue, Council Chamber Thursday, December 8, 2016 6:45 PM Televised Special Meeting (Election Results and Swearing -in Ceremony) NOTICE AND CALL FOR A SPECIAL MEETING OF THE CUPERTINO CITY COUNCIL NOTICE Council i p.m. in California business Meeting." IS HEREBY GIVEN that a special meeting of the Cupertino City hereby called for Thursday, December 08, 2016, commencing at 6:45 Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, 95014. Said special meeting shall be for the purpose of conducting in the subject matters listed below under the heading, "Special SPECIAL MEETING PLEDGE OF ALLEGIANCE ROLL CALL 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. ELECTION RESULTS 1. Subject: Receive declaration of election results for the General Municipal Election held on November 8, 2016 Recommended Action: Adopt Resolution No. 16-132 receiving the declaration of election results for the General Municipal Election held on November 8, 2016 Page 1 City Council AGENDA December 8, 2016 A - Draft Resolution B - Certificate of election results to be distributed on the dais before the rr. RECOGNITION OF OUTGOING COUNCIL MEMBER 2. Subject: Recognition of outgoing Council member Gilbert Wong Recommended Action: Recognize outgoing Council member Gilbert Wong OATH OF OFFICE 3. Subject: Oath of Office is given to newly -elected Council members Rod Sinks and Steven Scharf Recommended Action: Oath of Office is given to newly -elected Council members Rod Sinks and Steven Scharf ELECTION OF MAYOR AND VICE MAYOR 4. Subject: Council members elect Mayor Recommended Action: Make nominations and elect Mayor 5. Subject: Council members elect Vice Mayor Recommended Action: Make nominations and elect Vice Mayor OATH OF OFFICE 6. Subject: Mayor takes Oath of Office Recommended Action: Mayor takes Oath of Office 7. Subject: Vice Mayor takes Oath of Office Recommended Action: Vice Mayor takes Oath of Office COMMENTS BY NEW MAYOR 8. Subject: Comments by New Mayor and presentation of gifts Recommended Action: Comments by New Mayor and presentation of gifts COMMENTS BY COUNCIL MEMBERS AND PUBLIC 9. Subject: Comments by Council members Recommended Action: Comments by Council members 10. Subject: Members of the audience are invited to speak Recommended Action: Members of the audience are invited to speak Page 2 City Council AGENDA December 8, 2016 RECEPTION 11. Subject: The public is invited to attend a reception in the lobby Recommended Action: The public is invited to attend a reception in the lobby ADJOURNMENT Page 3 City Council AGENDA December 8, 2016 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. Page 4 THE CITY COUNCIL AND STAFF CITY COUNCIL Cupertino is a General Law city organized under and subject to statutes of the State of California. It is governed by the five -member City Council with the Mayor as the presiding officer. City Council members are elected at -large to four-year, overlapping terms. Each November a mayor and a vice -mayor are selected by the City Council for a one-year term. The City Council receives advice and assistance from nine commissions, which are appointed by the Council. These are the Bicycle Pedestrian Commission, Fine Arts Commission, Cupertino Housing Commission, Library Commission, Parks and Recreation Commission, Planning Commission, Public Safety Commission, Teen Commission, and the Technology, Information, and Communications Commission. Council members also serve on a variety of regional bodies, including: Association of Bay Area Governments League of California Cities Santa Clara County (SCC) Cities Association SCC Emergency Preparedness Council SCC Library District SCC Emergency Preparedness Commission Santa Clara Valley Water Commission and Water District SCC Transportation Authority West Valley Mayors and Managers STAFF The City Manager and the City Attorney are appointed by the Council. The City Manager is responsible for interpreting and carrying out Council policies and direction, and as the chief administrative officer, the City Manager coordinates the many activities of the city and appoints the professional and technical staff. The City Attorney is the advisor to the City Council as a whole. TYPES OF COUNCIL ACTIONS ORDINANCES Ordinances are the means by which the City enacts its local laws. Unless an urgent situation exists, ordinances will first be presented at a Council meeting as a "first reading." At a subsequent Council meeting, there will be a "second reading and adoption." Ordinances go into effect after a waiting period of thirty days, in most cases, during which time the summary of the ordinance is published in a local newspaper approved for this purpose. RESOLUTIONS Resolutions and minute orders are the means by which the City Council formally adopts policies or approves specific actions. These go into effect when adopted. APPEALS Any interested person, including a Council member, may appeal a Planning Commission or Director of Community Development decision to the City Council. An appeal must be submitted in writing to the City Clerk within 14 calendar days of the mailing of the notice of the decision. RECONSIDERATION Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City's decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's office for more information or go to www. http://www.cupertino.org/index.aspx?page=125 for a reconsideration petition form. COMMUNICATING WITH COUNCIL All Council members citycouncil@cupertino.org Barry Chang BChang@cupertino.org (408) 777-3192 Savita Vaidhyanathan SVaidhyanathan@cupertino.org (408) 777-3193 Darcy Paul DPaul@cupertino.org (408) 777-3195 Rod Sinks RSinks@cupertino.org (408) 777-3194 Gilbert Wong GWong@cupertino.org (408) 777-3191 Council administrator ToniO@cupertino.org (408) 777-3212 City Hall www.cupertino.org (408) 777-CITY Please note: the City Council discourages submission of written materials on the day of the meeting as this does not provide enough time to give the materials fair evaluation. If you must provide written materials on the day of the meeting, as least one copy must be given to the City Clerk for the permanent record, and ten copies are preferred. NEWS AND NOTICES FROM CITY HALL EMAIL Sign up for e-mailed agendas, minutes, elections, and other items on the city website at www.cupertino.org, or fill out a Speaker Card at the meeting and check your categories of interest. 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. Click "View meetings online." You can also use iTunes to listen online or download podcasts of City Council meetings . iTunes is a free software program available for Mac and PC users. Occasionally, news and community information is also available at www.Twitter.com/CupertinoCom 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 (� nOF SAfi" A CLAi'.A E OF HE LIr Y OF CUPt _ Doi,, STATE UNDER PEN A T ' C n Y THAT ON (DATE) I/ CUPERTINO POSTED THE NOTICE VAGENDA ON THE BULLETIN BOARD AT CITY HALL. IRATE SIGN RE AGENDA OF THE CITY COUNCIL Tuesday, November 15, 2016 Non -televised Closed Session (6:00) Televised Regular Meeting (6:45) Barry Chang Savita Vaidhyanathan May or Gilbert Wong Counc Darcy I Member Paul Vice Mayor Council Member Randolph Hom \ City Attorney , David Brandt . City Manager' Staff - ** Staff Speaker's Podium Rod Sinks Council Member / 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: Mayor introduces agenda im 1 Staff reports and makes recommendation Applicant or ZAppellant makes presentation (up to 10 mins.) 1 Mayor invites members of the public to speak about the agenda item 1 Mayor closes the hearing Z City Council votes on the agenda item Council members report any site visits or outside communications Council members ask questions Council members ask questions Speakers submit a Request to Speak card, and are allowed up to 3 minutes per individual. Council members may ask questions of speakers. A Council member makes a motion and obtains a second. The City Council then discusses the motion(s) and votes. PUBLIC HEARINGS The City Council is required by law to hold public hearings on certain matters prior to making its decision. Notice to interested parties is given by legal advertisement in the local newspaper of general circulation at least 10 calendar days preceding the hearing date. Applications requiring public hearings include change of zoning, variances, use permits, and tentative maps. COUNCIL MEETINGS The City Council regularly meets the first and third Tuesdays of each month. These meetings are held in the Council Chamber of the Cupertino Community Hall, 10350 Torre Avenue, at 6:45 p.m. Closed sessions, when needed, are normally held at 6:00 p.m. Closed sessions cover items such as personnel, litigation, or the sale , purchase, or lease of property. Actions taken in closed sessions are not final until acted upon in public session. Urgent business , holidays, or election days may trigger special or adjourned meetings. These meetings will be noticed beforehand. AGENDAS, MINUTES, AND PACKETS AVAILABLE ON THE WEB Agendas, minutes, and packets for current and prior City Council and Planning Commission meetings are available at www.cupertino.orR, 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 10300 Torre Avenue and 10350 Torre Avenue Tuesday, November 15, 2016 6:00 PM Non -televised Closed Session (6:00); Followed by Televised Regular Meeting (6:45) CLOSED SESSION - 6:00 PM 10300 Torre Avenue, City Hall Conference Room A 1. Subject: Conference with legal counsel - Existing Litigation pursuant to Paragraph (1) of subdivision (d) of Gov't Code 54956.9; CaixingXie and Wei Xie vs. City of Cupertino, Gunes Avbav and Does I through 50, inclusive, Case #16-CV-295371 PLEDGE OF ALLEGIANCE - 6:45 PM 10350 Torre Avenue, Community Hall Council Chamber ROLL CALL CEREMONIAL MATTERS AND PRESENTATIONS 2. Subject: Present Certificates of Recognition to volunteers at the Silicon Valley Korean School (SVKS) out of Cupertino High School Recommended Action: Present Certificates POSTPONEMENTS ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the council on any matter not on the agenda. Speakers are limited to three (3) minutes. In most cases, State law will prohibit the council from making any decisions with respect to a matter not listed on the agenda. CONSENT CALENDAR Unless there are separate discussions and/or actions requested by council, staff or a member of the public, it is requested that items under the Consent Calendar be acted on simultaneously. Page I City Council AGENDA November 15, 2016 3. Subject: Approve the November 1 City Council minutes Recommended Action: Approve the November 1 City Council minutes A - Draft Minutes 4. Subject: Accept Accounts Payable for the period ending August 19, 2016 Recommended Action: Adopt Resolution No. 16-116 accepting Accounts Payable for the period ending August 19, 2016 A - Draft Resolution B - AP Report 5. Subject: Accept Accounts Payable for the period ending August 26, 2016 Recommended Action: Adopt Resolution No. 16-117 accepting Accounts Payable for the period ending August 26, 2016 A - Draft Resolution B - AP Report 6. Subject: Accept Accounts Payable for the period ending September 2, 2016 Recommended Action: Adopt Resolution No. 16-118 accepting Accounts Payable for the period ending September 2, 2016 A - Draft Resolution B - AP Report 7. Subject: Accept Accounts Payable for the period ending September 9, 2016 Recommended Action: Adopt Resolution No. 16-119 accepting Accounts Payable for the period ending September 9, 2016 A - Draft Resolution B - AP Keport 8. Subject: Accept Accounts Payable for the period ending September 16, 2016 Recommended Action: Adopt Resolution No. 16-120 accepting Accounts Payable for the period ending September 16, 2016 A - Draft Resolution B - AP Report 9. Subject: Accept Accounts Payable for the period ending September 23, 2016 Recommended Action: Adopt Resolution No. 16-121 accepting Accounts Payable for the period ending September 23, 2016 A - Draft Resolution B - AP Report 10. Subject: Accept Accounts Payable for the period ending September 30, 2016 Recommended Action: Adopt Resolution No. 16-122 accepting Accounts Payable for the period ending September 30, 2016 Page 2 City Council AGENDA November 15, 2016 A - Draft Resolution B - AP Report 11. Subject: Treasurer's Investment report for Quarter ending June 30, 2016 Recommended Action: Accept the Treasurer's Investment report for Quarter ending June 30, 2016 Staff Report A - Investment Portfolio B - Supplemental Portfolio Anal 12. Subject: Treasurer's Investment Report for Quarter ending September 30, 2016 Recommended Action: Accept the Treasurer's Investment Report for Quarter ending September 30, 2016 Staff Report A - Investment Portfolio B - Supplemental Portfolio Analysis 13. Subject: Approval of First Quarter Financial Report for Fiscal Year 2016-17 Recommended Action: 1. Accept the City Manager's First Quarter Financial Reports for Fiscal Year 2016-17; and 2. Adopt Resolution No. 16-123 approving First Quarter Budget Adjustments 3. Adopt Resolution No. 16-128 amending the Unrepresented Employees' Compensation Program Staff Report A - Draft Resolution B - First Quarter Financial Report C - Detailed Description of Year End and First quarter budget adjustment! D - Draft resolution amending the Unrepresented Employees' Compensati E - Redlined Unrepresented Employees' Compensation Program F - Clean Unrepresented MOU G - Performance Measures 14. Subject: Increase hourly rates to the part-time salary schedule to comply with new local Minimum Wage rate and market wages Recommended Action: Adopt Resolution No. 16-124 increasing hourly rates for part-time employees, splitting a classification into three classifications, and eliminating two classifications Staff Report A - Draft Resolution B - Part -Time Salary Survey C - Proposed Part -Time Salary Schedule Chan 15. Subject: Declare weeds a nuisance and set hearing date of January 17 for objections to proposed removal Page 3 City Council AGENDA November 15, 2016 Recommended Action: Adopt Resolution No. 16-125 declaring weeds a nuisance and setting a hearing date of January 17 for objections to proposed removal Staff Report A - Draft Resolution 16. Subject: Approval of the destruction of records from the Recreation & Community Services (Quinlan Community Center) Department Recommended Action: Adopt Resolution No. 16-126 approving the destruction of records from the Recreation & Community Services (Quinlan Community Center) Department Staff Report A - Draft Resolution 17. Subject: Open Space Area Agreement between the City and the Cupertino Union School District Recommended Action: Approve a new fifteen and one half (15.5) year Open Space Area Agreement, with an option to mutually extend an additional five (5) years, between the City of Cupertino and the Cupertino Union School District; and authorize the City Manager to negotiate and execute all necessary documents to carry out the agreement Staff Report A - Open Space Area Agreement between City and CUSD 18. Subject: Accept resignation of Bicycle Pedestrian Commissioner Gary Jones and direct staff to fill the unscheduled vacancy with annual recruitment in January Recommended Action: Accept resignation of Bicycle Pedestrian Commissioner Gary Jones and direct staff to fill the unscheduled vacancy with annual recruitment in January Staff Report A - Resignation Letter B - Notice of Vacancies for 2017 19. Subject: Application for Alcohol Beverage License for OH Cupertino, Inc (dba Bull), 10493 S. De Anza Boulevard Recommended Action: Recommend approval Alcoholic Beverage Control of the application for Cupertino, Inc (dba Bull), 10493 S. De Anza Boulevard Staff Report A - Application to the California Department of Alcohol Beverage License for OH 20. Subject: 2017 Pavement Maintenance Project, Project No. 2017-104 contract award Page 4 City Council AGENDA November 15, 2016 Recommended Action: Authorize the City Manager to award a contract to O'Grady Paving Company, in the amount of $3,352,709 and approve a construction contingency of $335,000, for a total of $3,687,709 Staff Report A - List of Streets to Receive Pavement Maintenance Treatment B - Draft Contract SECOND READING OF ORDINANCES 21. Subject: Amendments to Cupertino Municipal Code Title 16, Buildings and Construction, for the purposes of adopting, amending and implementing the 2016 California Building Standards Code and Fire Code and making local exceptions (effective January 1, 2017). Recommended Action: 1) Find that the proposed actions are exempt from CEQA; 2) Conduct the second reading and enact Ordinance No. 16-2155: an "Ordinance of the City Council of the City of Cupertino Amending Chapters 16.02, 16.04, 16.06, 16.16, 16.24, 16.40, 16.54, 16.58, and 16.80 and repealing Chapter 16.42 of Title 16 of the Cupertino Municipal Code adopting the 2016 California Building, Residential, Electrical, Mechanical, Plumbing, Energy, Historical, Fire, Existing Building Code, Green Building Standards Codes with Certain Exceptions, Modifications, and Additions" Staff Report A - Draft Ordinance B - Strikeout Version PUBLIC HEARINGS 22. Subject: Amendments to the Cupertino Municipal Code regarding the regulation, location, and the keeping of bees in the City and to make other conforming changes for clarification and internal consistency; (Application No. MCA-2016-03; Applicant: City of Cupertino; Location: Citywide). Continued from the October 4, 2016 meeting Recommended Action: 1) Find that the proposed actions are exempt from CEQA; and 2) Conduct the first reading of Ordinance No. 16-2158 "An ordinance of the City Council of the City of Cupertino to amend Chapter 8.07, Beekeeping, and Table 19.20.020 of Chapter 19.20, Permitted, Conditional, and Excluded Uses in Agricultural and Residential Zones, regarding the regulation, location, and the keeping of bees in the City and to make other conforming changes in Table 19.20.020 for clarification and internal consistency" Page 5 City Council AGENDA November 15, 2016 Staff Report A - Draft Ordinance No. 16-2158 B - Beekeeping Ordinance Comparison Chart C - Redlined Text with Planning Commission Revision D - Planning Commission Resolution No. 6819 23. Subject: Amendments to the Cupertino Municipal Code relating to accessory dwelling units including, but not limited to approval processes, size, location, and parking as required by State Law and for consistency. The amendments will apply citywide. Application No(s): MCA-2016-05; Applicant(s): City of Cupertino; Location: Citywide Recommended Action: 1. Find that that proposed actions are exempt from CEQA; and 2. Conduct the first reading of Ordinance No. 16-2159 "An ordinance of the City Council of the City of Cupertino amending Title 19, Zoning, of the Cupertino Municipal Code including but not limited to Chapter 19.08 (Definitions), Chapter 19.20 (Permitted, Conditional and Excluded Uses in Agricultural and Residential Zones), Chapter 19.24 (Agricultural (A) and Agricultural - Residential (A-1) Zones), Chapter 19.32 (Residential Duplex (R-2) Zones), Chapter 19.52 (Reasonable Accommodation), and Chapter 19.112 (Second Dwelling Units in R-1, RHS, A and A-1 Zones)", in response to recently adopted State legislation regarding accessory dwelling units for compliance with State Law, and for internal consistency Staff Report A - Draft Ordinance No. # 16-2159 B - Planning Commission resolution 6820 C - Redlined Chapters 24. Subject: Extension of the moratorium on non -medical marijuana dispensaries, marijuana cultivation facilities, commercial cannabis activities and marijuana transport and deliveries Recommended Action: That the City Council: 1. Find that the proposed actions are exempt from CEQA; .and 2. Enact Ordinance No. 16-2160: "An Interim Urgency Ordinance of the City Council of the City of Cupertino extending a Temporary Moratorium on non -medical marijuana dispensaries, marijuana cultivation facilities, commercial cannabis activities and marijuana transport and deliveries within the City of Cupertino pending completion of an update to the City's Zoning Code" Staff Report A - Draft Urgency Ordinance B - Urgency Ordinance No. 16-2153 ORDINANCES AND ACTION ITEMS Page 6 City Council AGENDA November 15, 2016 25. Subject: Mitigation Fee Act - Annual & Five -Year Report - Fiscal Year 2015-2016 Recommended Action: 1. Accept the Five -Year and Annual Review of the City of Cupertino's Development Impact Fees (Government Code Section 66000 et seq.); and 2. Adopt Resolution No. 16-127 approving the Five -Year and Annual Development Impact Fee Reports and Making Required Findings Staff Report A - Developer In -Lieu Fee Report - Annual and Five -Year B - Draft Resolution REPORTS BY COUNCIL AND STAFF 26. Subject: Report on Committee assignments and general comments Recommended Action: Report on Committee assignments and general comments ADJOURNMENT Page 7 City Council AGENDA November 15, 2016 The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6; litigation challenging a final decision of the City Council must be brought within 90 days after a decision is announced unless a shorter time is required by State or Federal law. Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City's decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's office for more information or go to http://www.cupertino.orglindex.aspx? page =125 for a reconsideration petition form. In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend the next City Council meeting who is visually or hearing impaired or has any disability that needs special assistance should call the City Clerk's Office at 408-777-3223, 48 hours in advance of the Council meeting to arrange for assistance. Upon request, in advance, by a person with a disability, City Council meeting agendas and writings distributed for the meeting that are public records will be made available in the appropriate alternative format. Also upon request, in advance, an assistive listening device can be made available for use during the meeting. Any writings or documents provided to a majority of the Cupertino City Council after publication of the packet will be made available for public inspection in the City Clerk's Office located at City Hall, 10300 Torre Avenue, during normal business hours and in Council packet archives linked from the agenda/minutes page on the Cupertino web site. Members of the public are entitled to address the City Council concerning any item that is described in the notice or agenda for this meeting, before or during consideration of that item. If you wish to address the Council on any issue that is on this agenda, please complete a speaker request card located in front of the Council, and deliver it to the Clerk prior to discussion of the item. When you are called, proceed to the podium and the Mayor will recognize you. If you wish to address the City Council on any other item not on the agenda, you may do so by during the public comment portion of the meeting following the same procedure described above. Please limit your comments to three (3) minutes or less. Page 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 nine commissions, which are appointed by the Council. These are the Bicycle Pedestrian Commission, Fine Arts Commission, Cupertino Housing Commission, Library Commission, Parks and Recreation Commission, Planning Commission, Public Safety Commission, Teen Commission, and the Technology, Information, and Communications Commission. Council members also serve on a variety of regional bodies, including: Association of Bay Area Governments League of California Cities Santa Clara County (SCC) Cities Association SCC Emergency Preparedness Council SCC Library District SCC Emergency Preparedness Commission Santa Clara Valley Water Commission and Water District SCC Transportation Authority West Valley Mayors and Managers STAFF The City Manager and the City Attorney are appointed by the Council. The City Manager is responsible for interpreting and carrying out Council policies and direction, and as the chief administrative officer, the City Manager coordinates the many activities of the city and appoints the professional and technical staff. The City Attorney is the advisor to the City Council as a whole. TYPES OF COUNCIL ACTIONS ORDINANCES Ordinances are the means by which the City enacts its local laws. Unless an urgent situation exists, ordinances will first be presented at a Council meeting as a "first reading." At a subsequent Council meeting, there will be a "second reading and adoption." Ordinances go into effect after a waiting period of thirty days, in most cases, during which time the summary of the ordinance is published in a local newspaper approved for this purpose. RESOLUTIONS Resolutions and minute orders are the means by which the City Council formally adopts policies or approves specific actions. These go into effect when adopted. APPEALS Any interested person, including a Council member, may appeal a Planning Commission or Director of Community Development decision to the City Council. An appeal must be submitted in writing to the City Clerk within 14 calendar days of the mailing of the notice of the decision. RECONSIDERATION Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City's decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's office for more information or go to www. http://www.cupertino.org/index.aspx?page=125 for a reconsideration petition form. COMMUNICATING WITH COUNCIL All Council members citycouncil@cupertino.org Barry Chang BChang@cupertino.org (408) 777-3192 Savita Vaidhyanathan SVaidhyanathan@cupertino.org (408) 777-3193 Darcy Paul DPaul@cupertino.org (408) 777-3195 Rod Sinks RSinks@cupertino.org (408) 777-3194 Gilbert Wong GWong@cupertino.org (408) 777-3191 Council administrator ToniO@cupertino.org (408) 777-3212 City Hall www.cupertino.org (408) 777-CITY Please note: the City Council discourages submission of written materials on the day of the meeting as this does not provide enough time to give the materials fair evaluation. If you must provide written materials on the day of the meeting, as least one copy must be given to the City Clerk for the permanent record, and ten copies are preferred. NEWS AND NOTICES FROM CITY HALL EMAIL Sign up for e-mailed agendas, minutes, elections, and other items on the city website at www.cupertino.org, or fill out a Speaker Card at the meeting and check your categories of interest. 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. Click "View meetings online." You can also use iTunes to listen online or download podcasts of City Council meetings . iTunes is a free software program available for Mac and PC users. Occasionally, news and community information is also available at www.Twitter.com/CupertinoCom 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 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 NOVEMBER 1, 2016 CONTINUATION OF PUBLIC HEARING ITEM TO DECEMBER 6, 2016 AT 6:45 PM NOTICE IS HEREBY GIVEN that the following public hearing item was continued from November 1, 2016 to the regular meeting of the Cupertino City Council of December 6, 2016 at 6:45 p.m. for purposes of consideration, deliberation, and decision: Appeal of Kimberly Sandstrom Appeal Regarding Eligibility to Purchase Below Market Rate (BMR) Unit. Please be advised the public testimony portion of the hearing has been closed and remains closed. The meeting will be held in the Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, California. Dated this 1st day of November, 2016 STATE OF CALIFORNIA ) ) SS. COU� OF SA�YLApI ) 1, , AN EMPLOYE r--COF T E Y OF CUPERTINO DEPART- 1\/IEN'T, ATE LINDEN PENALTY OF PFr:3 UI� T AT ON (D,'�"I E) I( r-(— (TI[/fE) 6�t�_ - I PL :tit, .LLY POSTED THE BULLETIN 130,"_ ; / / p f -�v- \lV� ice... _� - �� - - _` _ /' _ _-- Grace Schmidt, City Clerk CUPERTINO STATE OF CALIFORNIA ) SS. COUNTY OF SANTA CLARA ) AN EMPLOYEE OF T E CITY OF CUPERTINO ��rk- DEPART- MENT, STATE UNDER PENALTY OF PERJURY THAT ON (DATE) t o /2. 114 (TIME) I PERSONALLY POSTED THE NOTICE,%AGENDA ON T�-i E BULLETIN BOARD AT CITY HALL. 6� ACC[ N1-.[)1 CIF ` HE Cil Tuesday, 1-4oveher 1, 2016 Televised Regular Fleeting (6:4S) Savita Vaidhyanathan Barry ChangMaor Gilbert Wong Darcy Paul Vice Mayor I y Council Member Council Member / Randolph Hom City Attorney David Brandt City Manager�� Staff E Speaker's Podium Rod Sinks Council Member 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 1-.GENDA ITEMS: Mayor introduces agenda item — 1 Staff reports and makes recommendation Applicant or Appellant makes presentation (up to 10 mins.) Mayor invites members of the public to speak about the agenda item .l (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.aspx?page =125 for a reconsideration petition form. CITY OF CUPERTINO AGENDA CUPERTINO CITY COUNCIL 10350 Torre Avenue, Council Chamber Tuesday, November 1, 2016 6:45 PM PLEDGE OF ALLEGIANCE ROLL CALL CEREMONIAL MATTERS AND PRESENTATIONS 1. Subject: Recognize student artists for participating in phase 2 of the Citywide "Energized by Art" Utility Box Pilot Project Recommended Action: Present proclamations 2. Subject: Presentation regarding Platinum Level Beacon Spotlight Award for Energy and Best Practices given to Cupertino from Institute of Local Government Recommended Action: Receive presentation regarding Platinum Level Beacon Spotlight Award for Energy and Best Practices given to Cupertino from Institute of Local Government 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 fi°om 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 October 18 City Council minutes Recommended Action: Approve the October 18 City Council minutes A - Draft Minutes CITY OF CUPERTINO Page I City Council AGENDA November 1, 2016 4. Subject: Amend interview dates to Monday and Tuesday, January 30 and 31 for commissions with terms expiring January 30, 2017 beginning at 5:00 p.m. Recommended Action: Amend interview dates to Monday and Tuesday, January 30 and 31 for commissions with tenns expiring January 30, 2017 beginning at 5:00 p.m. Staff Report A - Amended Appointments List and Notice of Commission Tenns Expiri 5. Subject: Approve the First amendment of the Employment Contract for the City Attorney and Appointed Employee's Compensation Program. Recommended Action: 1. Adopt Resolution No. 16-111 approving the First Amendment to the Employment Contract for the City Attorney. 2. Adopt Resolution No. 16-112 approving Amendment to the Appointed Employee's Compensation Program. Staff Report A - Draft Resolution Amending Employment Contract B - Employment Contract for City Attorney C - Redlined Employment Contract for City Attorney D - Draft Resolution Amending Appointed Employees' Compensation Prc E - Appointed Employees' Compensation Program F - Redlined Appointed Employees' Compensation Program 6. Subject: Approve the Fourth amendment of the Employment Contract for the City Manager and Appointed Employees' Compensation Program. Recommended Action: 1. Adopt Resolution No. 16-113 approving the Fourth Amendment to the Employment Contract for the City Manager; and 2. Adopt Resolution No. 16-114 amending the Appointed Employees' Compensation Program Staff Report A - Draft Resolution Amending Employment Contract B - Employment Contract for City Manager C - Redlined Employment Contract for City Manager D - Draft Resolution Amending Appointed Emplovees' Compensation Prc E - Appointed Employees' Compensation Program F - Redlined Appointed Employees' Compensation Program 7. SubL: New contracts and contract amendments for professional building department services for Apple Campus 2 CITY OF CUPERTINO Page 2 City Council AGENDA November 1, 2016 Recommended Action: 1) Authorize the City Manager to: a. Execute Agreement with West Coast Code Consultants, Inc. for professional building department services at Apple Campus 2 for a total amount not to exceed $821,720.00; and b. Execute Agreement with CSG Consultants, Inc. for plan review services at Apple Campus 2 for a total amount not to exceed $1,120,000.00; and c. Execute the Second Amendment to Agreement 14-028 with 4LEAF, Inc. for Apple Campus 2 Phase 1 building inspection services and public works inspection services to increase the previously authorized contract amount by $4,761,376.00 for a total amount not to exceed $15,126,478.00; and d. Execute the First Amendment to Agreement 15-146 with 4LEAF, Inc. for Apple Campus 2 Phase 2 building inspection services to increase the previously authorized contract amount by $567,531.00 for a total amount not to exceed $914,787.00; and 2) Authorize the City Manager to execute contract amendments to the extent that the costs are recovered from the project applicant . Staff Report A - Draft Agreement — WC3 for Apple Campus 2, 10-13-2016 B - Draft Agreement— CSG for Apple Campus 2, 10-20-2016 C - Draft Second Amendment — 4LEAF for Apple Campus 2, 10-20-2016 D - Draft First Amendment — 4LEAF for Apple Campus 2, 10-20-2016 SECOND READING OF ORDINANCES 8. Subject: Second Reading of an ordinance to repeal and replace Cupertino Municipal Code Chapter 16.52 regarding prevention of flood damage for properties within the City Recommended Action: Conduct the second reading and enact Ordinance No. 16-2154: "An Ordinance of the City Council of the City of Cupertino to repeal and replace Cupertino Municipal Code Chapter 16.52 regarding prevention of flood damage for properties within the City" Staff Repo A - Draft Ordinance B - Existing Ordinance C - FEMA Letter PUBLIC HEARINGS 9. Subject: Appeal of Kimberly Sandstrom Appeal Regarding Eligibility to Purchase Below Market Rate (BMR) Unit (Continued from October 4) Recommended Action: Approve Resolution No. 16-101 regarding the appeal of Ms. Kimberly Sandstrom and affirming the recommendation of the Housing Commission regarding the eligibility of Ms. Sandstrom to purchase a BMR unit CITY OF CUPERTINO Page 3 City Council AGENDA November 1, 2016 Staff Report A- Summary of Conflict of Interest Investigation B- Draft Resolution C- Housina Commission Resolution 16-06 D- Excerpts from BMR Manual Regarding Income Calculation E- Referenced Regluations (24 CFR 5.609(b) and (c) F- Technical Guide for Detenninina Income G- Attachments and Other Documents Provided by Appellant H - Sandstrom presentation 10. Subject: Amendment to Title 16, Buildings and Construction, of the Cupertino Municipal Code adopting the California Buildings Standards Code and Fire Code and leaking local exceptions as mandated by the State of California. Recommended Action: 1. Conduct the first reading of Ordinance No. 16-2155: an "Ordinance of the City Council of the City of Cupertino Amending Chapters 16.02, 16.04, 16.06, 16.16, 16,24, 16.40, 16.54, 16.58, and 16.80 Repealing Chapter 16.42 of Title 16 of the Cupertino Municipal Code adopting the 2016 California Building, Residential, Electrical, Mechanical, Plumbing, Energy, Historical, Fire, Existing Building Code, Green Building Standards Codes with Certain Exceptions, Modifications, and Additions"; and 2. Adopt Resolution No. 16-115 making factual findings with respect to the local geological, topographical, and climatic conditions necessary to make local amendments to the California Building Standards Code. Staff Report A - Draft Ordinance - Chapter 16 Bldg and Fire Code B - Draft - Resolution for Findinas and Justification.docx 11. Subject: Extension of the moratorium on the establishment, expansion, or relocation of payday lending and check cashing businesses within the City of Cupertino and the introduction of an ordinance amending Chapter 19.08, Definitions, of the Municipal Code to add definitions of "financial institutions" and "banks" that expressly exclude payday lending and check cashing businesses with the intent to disallow such uses from operating with the City of Cupertino. Application No(s): MCA-2016-04; Applicant(s): City of Cupertino; Location: Citywide CITY OF CUPERTINO Page 4 City Council AGENDA November 1, 2016 Recommended Action: 1. Enact Ordinance No. 16-2156: "An Interim Urgency Ordinance of the City Council of the City of Cupertino extending a Temporary Moratorium on the establishment, expansion, or relocation of payday lending and check cashing businesses within the City of Cupertino pending completion of an update to the City's Zoning Code." 2. Conduct the first reading of Ordinance No. 16-2157: "An Ordinance of the City Council of the City of Cupertino Amending the Cupertino Municipal Code, Title 19, Zoning, Section 19.08.030, entitled "Definitions" to add the definition of "financial institutions" and "banks" to expressly exclude payday lending and check cashing businesses with the intent to disallow such uses from operating with the City of Cupertino" Staff Report A - Draft Interim Urgency Ordinance No. 16-2156 B - Draft Ordinance No. 16-2157 C - Coalition Against Pady Preditors Letter (March 2016) D - Interim Urgency Ordinance No. 16-2152 E - Planning Commission Resolution No. 6818 F - Letter of Support from CAPP (October 2016) ORDINANCES AND ACTION ITEMS 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 5 City Council AGENDA November 1, 2016 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. CITYOFCUPERTINO Page 6 THE CITY COUNCIL. AND STAFF CITY COUNCIL Cupertino is a General Law city organized under and subject to statutes of the State of California. It is governed by the five -member City Council with the Mayor as the presiding officer. City Council members are elected at -large to four-year, overlapping terms. Each November a mayor and a vice -mayor are selected by the City Council for a one-year term. The City Council receives advice and assistance from nine commissions, which are appointed by the Council. These are the Bicycle Pedestrian Commission, Fine Arts Commission, Cupertino Housing Commission, Library Commission, Parks and Recreation Commission, Planning Commission, Public Safety Commission, Teen Commission, and the 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. IYI3ES 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 mernber, 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. COMDAUNlr'AT€NO WITH COUNCIL All Council members: citycouncil@cupertino.org Barry Chang BChang@cupertino.org (408) 777-3192 Savita Vaidhyanathan SVaidhyanathan@cupertino.org (408) 777-3193 Darcy Paul DPaul@cupertino.org (408) 777-3195 Rod Sinks RSinks@cupertino.org (408) 777-3194 Gilbert Wong GWong@cupertino.org (408) 777-3191 Council administrator ToniO@cupertino.org (408) 777-3212 City Hall www.cupertino.org (408) 777-CITY Please note: the City Council discourages submission of written materials on the day of the meeting as this does not provide enough time to give the materials fair evaluation. If you must provide written materials on the day of the meeting, as least one copy must be given to the City Clerk for the permanent record, and ten copies are preferred. NEWS AND NOTICES FROiAl CITY HALL EMAIL Sign up for e-mailed agendas, minutes, elections, and other items on the ciicy website at www.cupertino.org, or fill out a Speaker Card at the meeting and check your categories of interest. 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.rn. Saturday (replay) 9:00 a.rn. INTERNET City Council and Planning Commission videos are available on dernand at www.cupertino.org. Click "View meetings online." You can also use iTunes to listen online or download podcasts of City Council meetings . iTunes is a free software program available for Mac and PC users. Occasionally, news and community information is also available at www.Twitter.com/CupertinoCom F,UDIO >ssf Tune into Radio Cupertino, 1670 AM, for meeting announcements, public service messages, and emergency announcements. MIFF - USEFUL TELEPHONE NUMBERS City of Cupertino (City Hall) General Information and Comments (408) 777-CITY Fire (Emergency) Santa Clara County Fire Dept. dispatch 911 Fire (Non -Emergency) Santa Clara County Fire Dept. (408) 378-4010 Garbage Recology South Bay (408) 725-4020 Gas & Electricity Pacific Gas & Electric (PG&E) 1-800-743-5000 Recreation & Community Quinlan Community Center (408) 777-3120 Services Police (Emergency) Santa Clara County Sheriff dispatch 911 Police (Non -Emergency) Santa Clara County Sheriff (408) 868-6600 Public Health Santa Clara County Public Health (408) 732-3720 Sanitary Sewers Cupertino Sanitary District (408) 253-7071 Water San Jose Water (408) 279-7900 California Water (650) 917-0152 CUPERTINO STAT E OF CALIFO ^ 1, T T , U P --y SS. s,� AN L-'iViwl_u](EL. OF TIT 1 0 R DE P�A i- t- STA I'E U N1 PEN LT OF PER,P-PRY THAT ON (DiYFE) (TH-vi-E) loij POSTED THE 011�L,'AGENDA ON TIE BULLETIN BOARD AT CITY HALL, AGENDA OF THE CITY COUNCIL Tuesday, October 18, 2016 Non -televised Special Meeting Closed Session (5:00) Televised Regular Meeting (6:45) Barry Chang Savita Vaidhyanathan Mayor Gilbert Wong Darcy Paul Vice Mayor Council Member Council Member Randolph Horn City Attorney "IN David Brandt City Manager Staff Staff Speaker's Podium Rod Sinks Council Member 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: Mayor introduces 41 agenda item l Staff reports and makes recommendation Applicant or Appellant makes presentation (up to 10 mins.) .l Mayor invites members of the public to speak about the agenda item 1 Mayor closes the hearing I City Council 41- 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 10300 Torre Avenue and 10350 Torre Avenue Tuesday, October 18, 2016 5:00 PM Non -televised Special Meeting 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, October 18, 2016, commencing at 5:00 p.m. in City Hall Conference Room A, 10300 Torre Avenue, Cupertino, California 95014 and the regular meeting following at 6:45 p.m. in Community Hall Council Chamber, 10350 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 - 5:00 PM 10300 Torre Avenue, City Hall Conference Rooin A CLOSED SESSION 1. Subject: Public Employee Performance Evaluation (Gov't Code Section 54957). Title: City Manager; Appointed Employees Compensation Program 2. Subject: Public Employee Performance Evaluation (Gov't Code Section 54957). Title: City Attorney; Appointed Employees Compensation Program 3. Subject: Conference with Labor Negotiators (Gov't Code Section 54957.6); Agency designated representatives: City Manager, Director of Administrative Services; Employee organizations: Unrepresented (Management and Confidential) Employees' Compensation Program ADJOURNMENT REGULAR MEETING CITY OF CUPERTINO Page I City Council AGENDA October 18, 2016 PLEDGE OF ALLEGIANCE - 6:45 PM 10350 Torre Avenue, Community Hall Council Chamber ROLL CALL STUDY SESSION 1. Subject: Study Session regarding Sustainable Strategies for Recycling and Waste Management Recommended Action: 1. Receive information and public comment at study session; 2. Direct staff to investigate sustainable strategies that strengthen solid waste reduction measures as identified in the City of Cupertino Climate Action Plan (CAP), and; 3. Solicit future input from the Sustainability Commission in evaluating strategies that maximize the amount of waste products that are recycled, reused or composted, and; 4. As determined necessary, schedule for Council consideration the amendment of applicable chapters of the City of Cupertino Municipal Code to enforce solid waste reduction measures, and; 5. As determined necessary, schedule for Council consideration the authorization and negotiation of agreements between the City of Cupertino and potential recycling/organic processing sites. 6. As determined necessary, schedule for Council consideration amendments to the Franchise Agreement between the City of Cupertino and Recology Cupertino for Collection and Processing of Recyclable and Compostable Materials, and the Collection and Disposal of Garbage (Franchise Agreement) Staff Report A - EPA's Food REcovery Hierarchy CEREMONIAL MATTERS AND PRESENTATIONS 2. Subject: Presentation by Toyokawa Sister City Committee regarding recent trip Recommended Action: Receive the presentation by Toyokawa Sister City Committee regarding recent trip 3. Subject: Library Commission Fiscal Year 2016-17 Work Plan presentation Recommended Action: Receive the Library Commission Fiscal Year 2016-17 Work Plan presentation 4. Subject: Cupertino Safe Routes to School Program Update Recommended Action: Receive Cupertino Safe Routes to School Program Update CITY OF CUPERTINO Page 2 City Council AGENDA October 18, 2016 5. Subject: Presentation from the Taipei Friendship City Committee regarding a Smart City Conference in May of 2017 Recommended Action: Receive the presentation 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. 6. Subject: Approve the October 4 City Council minutes Recommended Action: Approve the October 4 City Council minutes A - Draft Minutes 7. Subject: Request from the Taipei Friendship City Committee for City to Sponsor a Smart City Conference in May of 2017 Recommended Action: Sponsor the proposed Smart City Conference Staff Report 8. Subject: Authorize an additional full-time equivalent (FTE) position in the City Attorney's Office Recommended Action: Adopt Resolution No. 16-106 to: 1) Increase FTE in the City Attorney's Office from 3 FTE to 4 FTE by adding a Deputy City Attorney position; and 2) Authorize a budget adjustment of $60,000 in the City Attorney's program budget Staff Report A - Draft Resolution 9. Subject: Adopt resolution increasing the employer's contribution for medical and hospitalization insurance for employees under the Unrepresented group, Cupertino Employees's Association, Operating Engineers, Local Union No. 3, Appointed, Elected Officials, and retired annuitant groups. CITY OF CUPERTINO Page 3 City Council AGENDA October 18, 2016 Recommended Action: Adopt Resoution No. 16-107 increasing employer's contribution for medical and hospitalization insurance for employees under the Unrepresented, Cupertino Employees' Association, Operating Engineers, Local Union No. 3, Appointed, Elected Officials, and retired annuitant groups Staff Report A - Draft Resolution 10. Subject: Approve the terms and conditions of employment for the Unrepresented (Management and Confidential) Employees, Appointed Employees, and Elected officials Recommended Action: 1. Adopt Resolution No. 16-108 amending the Compensation Program for the Unrepresented (Management and Confidential) Employees; and 2. Adopt Resolution No. 16-109 amending the Compensation Program for the Appointed Employees; and 3. Adopt Resolution No. 16-110 amending the Compensation Program for the Elected Officials; and 4. Make the necessary budget adjustments to ensure that there are sufficient budget appropriations to cover the costs related to changes to the compensation program Staff Report A - Employee Group Salary and Benefits recommended changes B - Koff and Associates Class and Comp Study - Leave schedule C - Draft Resolution amending the Unrepresented Employees' Compensat D - Draft Redline Unrepresented Compensation Program E - Clean Unrepresented Employees' Compensation program F - Draft Resolution amending the Elected Officials Compensation... G - Draft Redline Elected Officials Compensation Program H - Clean Elected Officials Compensation Program - Changes Accepted - I - Draft Resolution amending the Appointed Employees Compensation P J - Draft Redline Appointed Employees' Compensation Program K - Clean Appointed Employees' Compensation Program - Changes Acce 11. Subject: Approval of the Third Amendment to Santa Clara Valley Urban Runoff Pollution Prevention Program Memorandum of Agreement to extend its term through one fiscal year beyond the date of termination of the current Municipal Regional Stormwater Permit (estimated 2021) Recommended Action: Authorize the City Manager to execute the Third Amendment (Attachment A) to an Agreement Providing for Implementation of the Santa Clara Valley Urban Runoff Pollution Prevention Program (Attachment B), a multi jurisdictional Agreement between Santa Clara County, the Santa Clara Valley Water District, and thirteen Santa Clara County municipalities Staff Report A - Third Amendment Draft Agreement B - Appendices 1-3: Agreement Providing for Implementation of the Sant CITY OF CUPERTINO Page 4 City Council AGENDA October 18, 2016 12. Subject: Application for Alcohol Beverage License for PEFF, LLC (dba Enzo's Restaurant), 21275 Stevens Creek Boulevard, Suite 510 Recommended Action: Recommend approval to the California Department of Alcoholic Beverage Control of the application for Alcohol Beverage License for PEFF, LLC (dba Enzo's Restaurant), 21275 Stevens Creek Boulevard, Suite 510 Staff Report A - Application 13. Subject: Application for Alcohol Beverage Bacchus Wines), 10643 Larry Way Recommended Action: Recommend approval Alcoholic Beverage Control of the application Genzo Sekine (dba Bacchus Wines), 10643 Larry Way Staff Report A- Application SECOND READING OF ORDINANCES PUBLIC HEARINGS License for Genzo Sekine (dba to the California Department of for Alcohol Beverage License for 14. Subject: Enact an Urgency Ordinance to prohibit non -medical marijuana cultivation, dispensaries, transport and deliveries and commercial cannabis activities within the City of Cupertino. (Location: City-wide; Applicant: City of Cupertino) Recommended Action: That the City Council: 1. Find that the proposed actions are exempt from CEQA; and 2. Enact Interim Urgency Ordinance No. 16-2153 "An Interim Urgency Ordinance of the City Council of the City of Cupertino Establishing a Moratorium on Non -Medical Marijuana Dispensaries, Marijuana Cultivation Facilities, Commercial Cannabis Activities and Marijuana Transport and Deliveries within the City of Cupertino Pending Completion of an Update to the City's Zoning Code" Staff Report A - Draft Interim Urgency Ordinance B - 2015 Association of Colorado Chiefs of Police Report C - FAQ from Website ORDINANCES AND ACTION ITEMS 1S. Subject: Consideration of an ordinance to repeal and replace Cupertino Municipal Code Chapter 16.52 regarding prevention of flood damage for properties within the City CITY OF CUPERTINO Page 5 City Council AGENDA October 18, 2016 Recommended Action: Conduct the first reading Ordinance of the City Council of the City of Cupertino Municipal Code Chapter 16.52 regarding properties within the City" Staff Report A - Draft Ordinance B - Existing Ordinance Proposed for Rescinding C - FEMA Community Assistance Visit letter REPORTS BY COUNCIL AND STAFF of Ordinance No. 16-2154: "An Cupertino to repeal and replace prevention of flood damage for 16. Subject: Report on Committee assignments and general comments Recommended Action: Report on Committee assignments and general comments ADJOURNMENT CITY OFCUPERTINO Page 6 City Council AGENDA October 18, 2016 The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6; litigation challenging a final decision of the City Council must be brought within 90 days after a decision is announced unless a shorter time is required by State or Federal law. Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City's decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's office for more information or go to http://www.cupertino.orglindex.aspx?page=125for a reconsideration petition form. In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend the next City Council meeting who is visually or hearing impaired or has any disability that needs special assistance should call the City Clerk's Office at 408-777-3223, 48 hours in advance of the Council meeting to arrange for assistance. Upon request, in advance, by a person with a disability, City Council meeting agendas and writings distributed for the meeting that are public records will be made available in the appropriate alternative format. Also upon request, in advance, an assistive listening device can be made available for use during the meeting. Any writings or documents provided to a majority of the Cupertino City Council after publication of the packet will be made available for public inspection in the City Clerk's Office located at City Hall, 10300 Torre Avenue, during normal business hours and in Council packet archives linked from the agenda/minutes page on the Cupertino web site. Members of the public are entitled to address the City Council concerning any item that is described in the notice or agenda for this meeting, before or during consideration of that item. If you wish to address the Council on any issue that is on this agenda, please complete a speaker request card located in front of the Council, and deliver it to the Clerk prior to discussion of the item. When you are called, proceed to the podium and the Mayor will recognize you. If you wish to address the City Council on any other item not on the agenda, you may do so by during the public comment portion of the meeting following the same procedure described above. Please limit your comments to three (3) minutes or less. CITY OF CUPERTINO Page 7 THE CITY COUNCIL AND STAFF CITY COUNCIL Cupertino is a General Law city organized under and subject to statutes of the State of California. It is governed by the five -member City Council with the Mayor as the presiding officer. City Council members are elected at -large to four-year, overlapping terms. Each November a mayor and a vice -mayor are selected by the City Council for a one-year term. The City Council receives advice and assistance from nine commissions, which are appointed by the Council. These are the Bicycle Pedestrian Commission, Fine Arts Commission, Cupertino Housing Commission, Library Commission, Parks and Recreation Commission, Planning Commission, Public Safety Commission, Teen Commission, and the 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: Barry Chang Savita Vaidhyanathan Darcy Paul Rod Sinks Gilbert Wong Council administrator City Hall citycouncil@cupertino.org BChang@cupertino.org (408) 777-3192 SVaidhyanathan@cupertino.org (408) 777-3193 DPaul@cupertino.org (408) 777-3195 RSinks@cupertino.org (408) 777-3194 GWong@cupertino.org (408) 777-3191 Ton!O@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-mailed agendas, minutes, elections, and other items on the city website at www.cupertino.org, or fill out a Speaker Card at the meeting and check your categories of interest. 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. Click "View meetings online." You can also use Tunes to listen online or download podcasts of City Council meetings . iTunes is a free software program available for Mac and PC users. Occasionally, news and community information is also available at www.Twitter.com/Cupert!noCom 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 4101:b do CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3223 www.cupertino.org CUPERTINO CUPERTINO CITY COUNCIL NOTICE OF OCTOBER 4, 2016 CONTINUATION OF PUBLIC HEARING ITEM TO NOVEMBER 1, 2016 AT 6:45 PM NOTICE IS HEREBY GIVEN that the following public hearing item was continued from October 4, 2016 to the regular meeting of the Cupertino City Council of November 1, 2016 at 6:45 p.m. for purposes of consideration, deliberation, and decision: Appeal of Kimberly Sandstrom Appeal Regarding Eligibility to Purchase Below Market Rate (BMR) Unit. Please be advised the public testimony portion of the hearing has been closed and remains closed. The meeting will be held in the Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, California. Dated this 5th day of October, 2016 STATE OF CALIFORNIA ) IO YOFS LA ) AN EIti1 L Y E F THE Cl l Y OF CLIPERTINO -R— DEPART STATE UNDER PENALTY OF PER ? 1; THAT ON (DATE) �(� '- (T [ I Y-- r SONALI Y POSTED T��. �E N� A ON T 11L BI.JL,L,ETIiv CTrI'Y IIf`.LL. Grace Schmidt, City Clerk CUPERTINO STATE OF CALIFC n NIA ) ) SS. COUNTY OF SANT "'LAE k ) I, AN EMPLOYEE F TIJL CI Y GF CUI=ER_�INO D E f-"A i MENT, STATE I_ tiDF:R FEN Li OF PERJURY THAT N (DATE) (TIME) I PE.:`�:..J; ;:'LLLY POSTED TPLY NOT! L./AGEND,I CtN iI-IE BULLETIN BOARD AT CITY t.A,LL. DATE AGENDA OF THE CITY COUNCIL Tuesday, October 4, 2016 Non -televised Closed Session (6:00) Televised Regular Meeting (6:45) Barry Chang Savita Vaidhyanathan May or Gilbert Wong Darcy Paul Vice Mayor I Council Member Council Member \ / Randolph Hom \ - City Attorney David Brandt ., City Manager --' Staff —, Staff —A 0 Speaker's Podium Rod Sinks Council Member / Grace Schmidt Amh�/ 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: 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 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 C U P E RT I N O CITY COUNCIL 10300 Torre Avenue and 10350 Torre Avenue Tuesday, October 4, 2016 6:00 PM Non -televised Closed Session (6:00); Followed by Televised Regular Meeting (6:45) CLOSED SESSION - 6:00 PM 10300 Torre Avenue, City Hall Conference Room A 1. Subject: Public Employee Performance Evaluation (Gov't Code Section 54957). Title: City Manager; Appointed Employees Compensation Program PLEDGE OF ALLEGIANCE - 6:45 PM 10350 Torre Avenue, Community Hall Council Chamber ROLL CALL CEREMONIAL MATTERS AND PRESENTATIONS POSTPONEMENTS 2. Subject: Continue Item No. 15 Municipal Code Amendment to amend Chapter 8.07, Beekeeping, regarding the regulation, location, and the keeping of bees in the City; Application No(s): MCA-2016-03; Applicant(s): City of Cupertino; Location: Citywide to November 15. This item will be re -noticed. Recommended Action: Continue Item No. 15 Municipal Code Amendment to amend Chapter 8.07, Beekeeping, regarding the regulation, location, and the keeping of bees in the City; Application No(s): MCA-2016-03; Applicant(s): City of Cupertino; Location: Citywide to November 15. This item will be re -noticed. 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 CITY OF CUPERTINO Page 1 City Council AGENDA October 4, 2016 Unless there are separate discussions and/or actions requested by council, staff or a member of the public, it is requested that items under the Consent Calendar be acted on simultaneously. 3. Subject: Approve the September 20 City Council minutes Recommended Action: Approve the September 20 City Council minutes A - Draft Minutes 4. Subject: Cancel the January 3, 2017 City Council meeting Recommended Action: Cancel the January 3, 2017 City Council meeting A - Staff Report 5. Subject: Adoption of the 2016 Economic Development Strategic Plan - a policy document intended to guide the City's economic development activities over the next three to five years. Recommended Action: Adopt Resolution No. 16-103, "A Resolution of the City Council of the City of Cupertino adopting the 2016 Economic Development Strategic Plan (EDSP) in order to guide the City's Economic Development activities." Staff Report A - Draft Resolution B - Memo from Strategic Economics dated Sept. 13, 2016 6. Subject: Approve the July 1, 2016 through June 30, 2019 terms and conditions of employment for the Cupertino City Employees' Association (CEA) Recommended Action: 1) Authorize staff to amend the Memorandum of Understanding (MOU) for the Cupertino City Employees' Association (CEA) based on the attached tentative agreements. 2) Authorize staff to make the necessary budget adjustments to ensure that there are sufficient budget appropriations to cover the costs associated with the negotiated contract. Staff Report A - Section 2: Salary Schedule B - Section 5: Agency Shop C - Section 7: Pension D - Section 8: Insurance Coverage E - Section 11: Vacation F - Section 21: Education Reimbursement G - Section 30: Reopener H - Section 31: Term I - Section TBD: Opening Statement J - Section TBD: Total Comp Element CITY OF CUPERTINO Page 2 City Council AGENDA October 4, 2016 7. Subject: Approve the July 1, 2016 through June 30, 2019 terms and conditions of employment for the Unrepresented (Management and Confidential) Employees' Compensation Program. Recommended Action: 1) Adopt Resolution No. 16-104 amending the July 1, 2016 through June 30, 2019 terms and conditions of employment for the Unrepresented (Management and Confidential) Employees' Compensation Program. 2) Authorize staff to make the necessary budget adjustments to ensure that there are sufficient budget appropriations to cover the costs associated with the agreement Staff Report A - Draft Resolution B - Redlined Unrepresented Compensation Program C - Clean Unrepresented Compensation Program 8. Subject: Approve the July 1, 2016 through June 30, 2019 terms and conditions of employment for the Operating Engineers Local Union No. 3, AFL-CIO (OE3) Recommended Action: 1) Authorize staff to amend the Memorandum of Understanding (MOU) for the Operating Engineers Local Union No. 3, AFL-CIO (OE3). 2) Authorize staff to make the necessary budget adjustments to ensure that there are sufficient budget appropriations to cover the costs associated with the negotiated contract. Staff Report A - Section 2: Union Recognition B - Section 10: Compensation for Services C - Section 11: Pension D - Section 12: Health Benefits E - Section 14: Paid Absences F - Section 15: Sick Leave Conversion G - Section 18: Training and Tuition Reimbursement H - Section 24: Grievance Procedure I - Section 29: Term J - New Section: Health Deduction 9. Subject: Eighth Amendment to the Agreement between Santa Clara County and the City of Cupertino for Abatement of Weeds Recommended Action: Adopt Resolution No. 16-105 authorizing the City Manager to execute the Eighth Amendment to the Agreement between Santa Clara County and the City of Cupertino for Abatement of Weeds Staff Report A - Draft Resolution B - Draft Aareeemnt CITY OF CUPERTINO Page 3 City Council AGENDA October 4, 2016 10. Subject: 2015 Contractual Crossing Guard Services - Project No. 2015-25, contract amendment Recommended Action: Staff recommends Council authorize the City Manager to negotiate and execute an amendment (Attachment A) to the current crossing guard services contract to provide for contractor compensation of $18.64/hr for the 2016/17 school year and $20.61/hr for 2017/18 school year, if the City's Minimum Wage Ordinance is adopted Staff Report A - Draft Amendment B - ACMS Additional Compensation Request Letter dated September 12, SECOND READING OF ORDINANCES 11. Subject: Second Reading of an Ordinance of the City Council of the City of Cupertino Amending Title 1, Chapter 1.10, to add Section 1.10.055, "Recording Notice of Violations"; amending Title 19, Chapter 19.08, Section 19.08.030 "Definitions", amending Chapter 19.12 Section 19.12.080 "Application Process" and Section 19.12.180 "Expiration, Extension and Revocation", amending Chapter 19.28 Section 19.28.120, "Landscape Requirements", amending Chapter 19.32 Section 19.32.010 "Purpose", repealing and replacing Chapter 19.56, "Density Bonus", and amending Chapter 19.104 to add Section 19.104.205, "Message Substitution"; related to permits, procedures, and requirements of the code to conform to law, ensure internal consistency, and provide clarification. Application No(s): MCA-2016-01; Applicant(s): City of Cupertino; Location: citywide Recommended Action: Conduct the second reading of Ordinance No. 16-2149 "An ordinance of the City Council of the City of Cupertino amending Title 1, Chapter 1.10, to add Section 1.10.055, "Recording Notice of Violations"; amending Title 19, Chapter 19.08, Section 19.08.030 "Definitions", amending Chapter 19.12 Section 19.12.080 "Application Process" and Section 19.12.180 "Expiration, Extension and Revocation", amending Chapter 19.28 Section 19.28.120, "Landscape Requirements", amending Chapter 19.32 Section 19.32.010 "Purpose", repealing and replacing Chapter 19.56, "Density Bonus", and amending Chapter 19.104 to add Section 19.104.205, "Message Substitution"; related to permits, procedures, and requirements of the code to conform to law, ensure internal consistency, and provide clarification Staff Report A - Draft Ordinance B - Redline Versions 12. Subject: Second Reading of an Ordinance of the City Council of the City of Cupertino regarding legal non -conforming single-family garages, and standards CITY OF CUPERTINO Page 4 City Council AGENDA October 4, 2016 for bicycle parking and facilities. Application No(s).: MCA-2016-02; Applicant(s): City of Cupertino; Location: citywide Recommended Action: Conduct the second reading of Ordinance No. 16-2150 "An ordinance of the City Council of the City of Cupertino amending Title 19, Chapter 19.124 Section 19.124.030 "Regulations for Parking and Keeping Vehicles in Various Zones" and Section 19.124.040 "Regulations for Off -Street Parking", regarding legal non -conforming single-family garages, and making standards for bicycle parking and facilities consistent with the City of Cupertino 2016 Bicycle Transportation Plan Staff Report A - Draft Ordinance B - Redlined Chapter 19 124 13. Subject: Second reading of Ordinance No. 16-2151 establishing a citywide minimum wage. Recommended Action: Conduct the second reading and enact Ordinance No. 16-2151: "An Ordinance of the City Council of the City of Cupertino to add Chapter 3.37 (Minimum Wage Ordinance) to Title 3 (Revenue and Finance) of the Cupertino Municipal Code to establish a citywide minimum wage" Staff Report A - Draft Ordinance B - Redlined Draft Ordinance PUBLIC HEARINGS 14. Subject: Appeal of Kimberly Sandstrom Appeal Regarding Eligibility to Purchase Below Market Rate (BMR) Unit (Continued from September 6) Recommended Action: Approve Resolution No. 16-101 regarding the appeal of Ms. Kimberly Sandstrom and affirming the recommendation of the Housing Commission regarding the eligibility of Ms. Sandstrom to purchase a BMR unit Staff Report A- Summary of Conflict of Interest Investigation B- Draft Resolution C- Housing Commission Resolution 16-06 D- Excerpts from BMR Manual Regarding Income Calculation E- Referenced Regluations (24 CFR 5.609(b) and (c� F- Technical Guide for Determining Income G- Attachments and Other Documents Provided by Appellant H - Sandstrom presentation 15. Subject: Municipal Code Amendment to amend Chapter 8.07, Beekeeping, regarding the regulation, location, and the keeping of bees in the City. Application No(s): MCA-2016-03; Applicant(s): City of Cupertino; Location: CITY OF CUPERTINO Page 5 City Council AGENDA October 4, 2016 Citywide has been continued to November 15 and will be re -noticed. Recommended Action: Conduct the first reading of the draft ordinance: "An ordinance of the City Council of the City of Cupertino amending section 8.07 of the Cupertino Municipal Code relating to Beekeeping has been continued to November 15 and will be re -noticed. ORDINANCES AND ACTION ITEMS 16. Subject: Establishment of a Friendship City Relationship Recommended Action: Review and consider an application establishing a Friendship City relationship with Taichung, Taiwan, Republic of China Staff Report A - Taichung Friendship City Application REPORTS BY COUNCIL AND STAFF 17. 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 October 4, 2016 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-year term. The City Council receives advice and assistance from nine commissions, which are appointed by the Council. These are the Bicycle Pedestrian Commission, Fine Arts Commission, Cupertino Housing Commission, Library Commission, Parks and Recreation Commission, Planning Commission, Public Safety Commission, Teen Commission, and the Technology, Information, and Communications Commission. Council members also serve on a variety of regional bodies, including: Association of Bay Area Governments League of California Cities Santa Clara County (SCC) Cities Association SCC Emergency Preparedness Council SCC Library District SCC Emergency Preparedness Commission Santa Clara Valley Water Commission and Water District SCC Transportation Authority West Valley Mayors and Managers STAFF The City Manager and the City Attorney are appointed by the Council. The City Manager is responsible for interpreting and carrying out Council policies and direction, and as the chief administrative officer, the City Manager coordinates the many activities of the city and appoints the professional and technical staff. The City Attorney is the advisor to the City Council as a whole. TYPES OF COUNCIL ACTIONS ORDINANCES Ordinances are the means by which the City enacts its local laws. Unless an urgent situation exists, ordinances will first be presented at a Council meeting as a "first reading." At a subsequent Council meeting, there will be a "second reading and adoption." Ordinances go into effect after a waiting period of thirty days, in most cases, during which time the summary of the ordinance is published in a local newspaper approved for this purpose. RESOLUTIONS Resolutions and minute orders are the means by which the City Council formally adopts policies or approves specific actions. These go into effect when adopted. APPEALS Any interested person, including a Council member, may appeal a Planning Commission or Director of Community Development decision to the City Council. An appeal must be submitted in writing to the City Clerk within 14 calendar days of the mailing of the notice of the decision. RECONSIDERATION Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City's decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's office for more information or go to www. http://www.cupertino.org/index.aspx?page=125 for a reconsideration petition form. COMMUNICATING WITH COUNCIL All Council members: citycouncil@cupertino.org Barry Chang BChang@cupertino.org (408) 777-3192 Savita Vaidhyanathan SVaidhyanathan@cupertino.org (408) 777-3193 Darcy Paul DPaul@cupertino.org (408) 777-3195 Rod Sinks RSinks@cupertino.org (408) 777-3194 Gilbert Wong GWong@cupertino.org (408) 777-3191 Council administrator ToniO@cupertino.org (408) 777-3212 City Hall www.cupertino.org (408) 777-CITY Please note: the City Council discourages submission of written materials on the day of the meeting as this does not provide enough time to give the materials fair evaluation. If you must provide written materials on the day of the meeting, as least one copy must be given to the City Clerk for the permanent record, and ten copies are preferred. NEWS AND NOTICES FROM CITY HALL EMAIL Sign up for e-mailed agendas, minutes, elections, and other items on the city website at www.cupertino.org, or fill out a Speaker Card at the meeting and check your categories of interest. 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. Click "View meetings online." You can also use iTunes to listen online or download podcasts of City Council meetings . iTunes is a free software program available for Mac and PC users. Occasionally, news and community information is also available at www.Twitter.com/CupertinoCom 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 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 SEPTEMBER 20, 2016 CONTINUATION OF PUBLIC HEARING ITEM TO OCTOBER 4, 2016 AT 6:45 PM NOTICE IS HEREBY GIVEN that the following public hearing item was continued from September 20, 2016 to the regular meeting of the Cupertino City Council of October 4, 2016 at 6:45 p.m. for purposes of continued public hearing, consideration, deliberation, and decision: Appeal of Kimberly Sandstrom Appeal Regarding Eligibility to Purchase Below Market Rate (BMR) Unit. Please be advised the public testimony portion of the hearing has been closed and remains closed. The meeting will be held in the Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, California. Dated this 20th day of September, 2016 STATE OF CALIFORNIA SS, COU TY OF S T CLA I' AN EMP OYEE THE IT OF CUPERTINO DEPART 1ENT, STATE UNDER PENALTY OF PEPJURY THAT ON (DATE) `j .0 1(, (TlME) �Ic I PERSONALLY POST.�-D TIIE C=ENDA ON THE BULLETIN BOARD AT ' HALL. C0�nr4.ui T. Grace Schmidt, City Clerk