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Home My WebLink AboutCity Council - June 2016 - Apr 2016CITY OF CUPERTINO AGENDA CUPERTINO CITY COUNCIL 10300 Torre Avenue, City Hall Conference Room A Monday, June 27, 2016 6:00 PM Special Meeting Closed Session NOTICE AND CALL FOR A SPECIAL MEETING OF THE CUPERTINO CITY COUNCIL NOTICE IS HEREBY GIVEN that a special meeting of the Cupertino City Council is hereby called for Monday, June 27, 2016, commencing at 6:00 p.m. in City Hall Conference Room A, 10300 Torre Avenue, Cupertino, California 95014. Said special meeting shall be for the purpose of conducting business on the subject matters listed below under the heading, "Special Meeting." SPECIAL MEETING ROLL CALL CLOSED SESSION 1. Subject: Conference with Labor Negotiators pursuant to Government Code Section 54957.6; Agency designated representatives: City Manager, Director of Administrative Services and Dania Torres Wong; Employee organizations: Operating Engineers Local No. 3 Union; Cupertino Employees' Association; Unrepresented (Management and Confidential) Employees' Compensation Program ADJOURNMENT STATE OF CALIFORNIA ) COUNT OSS. F SAN ) I, WAN EMPLO OF E CITY OF CUPERTINO DEPART- MENT, STATE UNDER PENALTY OF PERJURY THAT ON (DATE) (o f i (TIME) = I PERSONALLY POSTED THE NOTICE/AGENDA ON T t E BULLETIN BOARD AT CIr HC`iLL. 6 �2-(I. [ �, CITY OF CUPER TINO DM98 --,-- City Council AGENDA June 27, 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 2 AMENDED AGENDA OF THE CITY COUNCIL Tuesday, June 21-,-20-16-- )SS. C- Regular Meeting (6,145 AN 1,k'LU'Y'EE OF i y UF k1'--Lj'PE,�U1N0, DE A" jNFE p ALT'Y' OF P i Z, T 1 , T TIE 11 A r (L)ArE) co 1(6 (t rp (TI flvy. E) -3:3o i -E R Ly POSTED—T—TIE 111-LNDA ON TIIF- BULLETIN 130A-,`,D AT CITY f [ALL. Barry Chang QD Savita Vaidhvanathan Gilbert AA1 Darcy Paul Mayor ong Council Member Vice Mayor Cc i Member Sinks —council Me �M��"IGN Randolph Horn SIGN uzE City Attorney Grace Schmidt David Brandt City Clerk City Manager Ste Staff —I Speaker's Podium COMMUNITY HALL COUNCIL CHAMBER 10350 TORRE AVENUE - CUPERTINO, CA 95014 TELEPHONE: (408) 777-3220 (CITY HALL) WEBSITE: www.cupertino.org Staff CONDUCT OF BUSINESS The Mayor is the presiding officer of the City Council. Any member of the public may speak on any item on the agenda for up to three minutes. All statements and questions must be addressed to the Mayor. City Council hearings serve as a venue for the discussion of sometimes divergent points of view. Please respect the opinions of others and refrain from outward expressions of emotions such as cheering or clapping. Such behavior delays the meeting and may intimidate other persons wishing to express alternate views. Loud, unruly outbursts will result in removal from the meeting. The proceedings of the meeting are recorded on audiotape and videotape; therefore, members of the audience who address the City Council must come to the lectern/microphone, and are requested to complete a Speaker Card and identify themselves. FLOWCHART FOR AGENDA ITEMS: Mayor introduces agenda item 1 Staff reports and makes recommendation 1 AW4-1 App pr (up It Mayor invites members of the public to speak about the agenda item 1 Mayor closes the hearing It 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, Community Hall Council Chamber Tuesday, June 21, 2016 6:45 PM AMENDED Amended on 6/16/16 to remove agenda Item No. 18a and to add agenda Item No. 12a. Amended on 6/16/16 to add agenda Item No. 18a. PLEDGE OF ALLEGIANCE ROLL CALL CEREMONIAL MATTERS AND PRESENTATIONS 1. Subject: Commendations to Monta Vista neighborhood residents, recognizing their community spirit and engagement, for providing landscaping services to a disadvantaged homeowner. Recommended Action: Present commendations POSTPONEMENTS 2. Subject: Agenda Item No. 17 Brush abatement for public nuisance and potential fire hazard Recommended Action: Remove the item from the agenda since any parcels on the list have complied 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 I City Council AGENDA June 21, 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 June 6 City Council minutes Recommended Action: Approve the minutes A - Draft Minutes 4. Subject: Accept the Final Report of the Classification Study, dated May 23, 2016 Recommended Action: 1. Accept the Report, approve title changes, re -classifications, new classifications and deleted classification effective July 1, 2016. 2. Adopt Resolution 16-064 Amending the Unrepresented Employees' Compensation Program and salary schedule. 3. Approve budget adjustments to the FY 2016-17 Final Budget as described in the fiscal impact section of this report. Staff Report A - Draft Resolution B - Final Classification Report C - Green Lined Amended Unrepresented Employees' Compensation Prod D - New Class Descriptions 5. Subject: Appointment of City of Cupertino representative to the Santa Clara County Valley Transportation Authority (VTA) Bicycle & Pedestrian Advisory Committee (BPAC) Recommended Action: Accept the Bicycle Pedestrian Commission (BPC) recommendation to appoint Gary Jones to the VTA BPAC for a two-year term beginning July 1, 2016 Staff Report 6. Subject: Governor's By Right Housing Proposal Recommended Action: Oppose the Governor's By -Right Housing proposal and authorize the Mayor to send letters of opposition to state legislative leaders along with our state delegation Staff Report A - Sample Mayor Letter of Opposition B - "By Right" Housing proposal summary 7. Subject: Approve the First Amendment to the lease agreement with Friends of Stevens Creek Trail for the period extending through June 30, 2017 Recommended Action: Authorize City Manager to amend the lease agreement with Friends of Stevens Creek Trail at McClellan Ranch preserve for the period extending through June 30, 2017 CITY OF CUPERTINO Page 2 City Council AGENDA June 21, 2016 Staff Report A - Draft Agreement First Amendment B - Agreement 8. Subject: Approve the First Amendment to the Lease Agreement with Santa Clara Valley Audubon Society for the period extending through June 30, 2017 Recommended Action: Authorize City Manager to amend the lease agreement with Santa Clara Valley Audubon Society at McClellan Ranch Preserve for the period extending through June 30, 2017 Staff Report A - Draft Agreement First Amendment B - Agreement 9. Subject: Application for Alcoholic Beverage License for Lans Garden Restaurant, 19634 Stevens Creek Bouelvard Recommended Action: Recommend approval to the California Department of Alcoholic Beverage Control of the Application for Alcoholic Beverage License for Lans Garden Restaurant, 19634 Stevens Creek Boulevard Staff Report A - Application 10. Subject: Application for Alcoholic Beverage License for Sizzling Gourmet, Inc., 19541 Richwood Drive Recommended Action: Recommend approval to the California Department of Alcoholic Beverage Control of the Application for Alcoholic Beverage License for Sizzling Gourmet, Inc., 19541 Richwood Drive Staff Report A - Application 11. Subject: Application for Alcoholic Beverage License for WAC Kitchen, LLC (dba The Yard), 10235 S. De Anza Boulevard Recommended Action: Recommend approval to the California Department of Alcoholic Beverage Control of the Application for Alcoholic Beverage License for WAC Kitchen, LLC (dba The Yard), 10235 S. De Anza Boulevard Staff Report A - Application 12. Subject: Application for Alcoholic Beverage License for CDUBB Restaurant Ventures, LLC (dba Coconut Fish Cafe), 20010 Stevens Creek Boulevard Recommended Action: Recommend approval to the California Department of Alcoholic Beverage Control of the Application for Alcoholic Beverage License for CDUBB Restaurant Ventures, LLC (dba Coconut Fish Cafe), 20010 Stevens Creek Boulevard CITY OF CUPERTINO Page 3 City Council AGENDA June 21, 2016 Staff Report A - Application 12a. Subject: Cancel the Special Meeting of July 6, and consider all items related to the Vallco Town Center Specific Plan Initiative, including the Elections Code Section 9212 report and whether to place the Initiative on the ballot, at the July 5, 2016 Meeting. Recommended Action: Cancel the Special Meeting of July 6, and consider all items related to the Vallco Town Center Specific Plan Initiative, including the Elections Code Section 9212 report and whether to place the Initiative on the ballot, at the July 5, 2016 Meeting. SECOND READING OF ORDINANCES PUBLIC HEARINGS 13. Subject: Development Permit to allow the demolition of a 342 unit apartment complex (The Hamptons) and the construction of a 942 unit apartment complex in a Planned Residential Zoning District, Environmental Analysis proposing adoption of a Mitigated Negative Declaration, Architectural and Site approval for the demolition of a 342 unit apartment complex (The Hamptons) and the construction of a new 942 unit apartment development on the same site with associated site and landscaping improvements, Use Permit to allow a bicycle hub and a separate bar facility within a club house located in a 942 unit apartment development, Tree Removal Permit to allow the removal and replacement of 277 trees in conjunction with the construction of a new apartment development, and Development Agreement for a new 942 apartment unit development in a Planned Residential Zoning District. Application No(s): DP-2015-04, EA-2015-03, ASA-2015-13, U-2015-05,TR-2015-21, DA-2015-01; Applicant(s): Carlene Matchniff (The Irvine Company/IAC at Cupertino LLC); Location: 19500 Pruneridge Avenue APN# 316-06-032, 316-06-037 CITY OF CUPERTINO Page 4 City Council AGENDA June 21, 2016 Recommended Action: The Planning Commission recommends that the City Council A) Adopt Resolution No. 16-065 approving Development Permit DP-2015-04 and adopting a Mitigated Negative Declaration EA-2015-03; and B) Adopt Resolution No. 16-066 approving Architectural and Site Approval ASA-2015-13; and C) Adopt Resolution No. 16-067 approving Use Permit U-2015-05; and D) Adopt Resolution No. 16-068 approving Tree Removal Permit TR-2015-21; and E) Conduct the first reading of Ordinance No. 16-2144: "An Ordinance of the Cupertino City Council approving a Development Agreement by and between the City of Cupertino and IAC at Cupertino LLC for the Hamptons project located at 19500 Pruneridge Avenue" Staff Report CC-1 DP-2015-04 Draft Resolution CC-2 ASA-2015-13 Draft Resolution CC-3 U-2015-05 Draft Resolution CC-4 TR-2015-21 Draft Resolution CC-5 ORD DA-2015-01 Draft Ordinance CC-5A Hamptons DA CCSR 21 Draft Agreement CC-6 PC minutes & staff report CC-7 PC resolutions CC 8 ERC CC-9 Parking demand CC-10 Arch review CC-11 Comments CC-12-a MND Cover CC 12-b TOC CC-12-c MND Intro CC-12-d MND Checklist CC- 12-e MND ProjectDescription CC-12-f GP EIR ConsistencyAnalysis CC-12-g EnvironmentalAnalysis CC- 12-h MMRP CC-124 OrgPersonsConsulted CC-13 Response ISMND comments CC-14 Project plans cover letter CC-14a Project plans link 14. Subject: Petition for Reconsideration of the April 19, 2016 City Council decision to deny appeals of a Planning Commission decision to deny an appeal of a Director's approval of a Two -Story Permit (R-2015-08) to allow the construction of a new 5,140-square-foot single-family residence and a Minor Residential CITY OF CUPERTINO Page 5 City Council AGENDA June 21, 2016 Permit (RM-2015-08) to allow a second story balcony on the new residence. (Application No. R-2015-08 and RM-2015-08; Applicant: WEC & Assoc. (Kingkay Capital, LLQ Petitioner(s): Jan Kucera Jr., and Matthew R. and Angela M.D. Miller; Location: 21900 Oakview Lane; APN: 326-19-105). Council adopted Resolution No. 16-040, Denying the Appeal and upholding the Planning Commission's decision per Planning Commission Resolution No. 6798 and 6799 (Paul abstaining) Recommended Action: 1. Adopt Resolution No. 16-069 denying the petition, which does not meet the requirements of Cupertino Municipal Code (CMC) Section 2.08.09 Staff Report A - Draft Resolution B - Two -Story and Minor Residential Permits Action Letter C - Planning Commission Staff Report D - Planning Commission Meeting Minutes E - Planning Commission Resolutions No. 6798 and 6799 F - City Council Staff Report G - City Council Meeting Minutes H - City Council Action Letter and Resolution No. 16-040 I - Petition for Reconsideration Miller J - Petition for Reconsideration Kucera K - Plan Set L - Flowchart for Agenda Items ORDINANCES AND ACTION ITEMS 15. Subject: Receive the Joint Cities Coordinated Stevens Creek Trail Feasibility Study, the recommendation from the Joint Cities Working Team and Commission input Recommended Action: Accept the Joint Cities Coordinated Stevens Creek Trail Feasibility Study; review the Joint Cities Working Team recommendations and Commission input; and provide direction regarding the recommendations and any desired actions Staff Report A - Joint Cities Coord Stevens Creek Trail Feas Study B - Stevens Creek Trail Process Map C - CWG Recommendations to JCWT D - JCWT Recommendations to Councils E - Joint Cupertino PRC-BPC Meeting Minutes 15.12.15 F - Los Altos Resolution No. 2015-39 G - Sunnyvale City Council Minutes, Excerpt, 16.02.09 16. Subject: Adoption of 2016 Cupertino Bicycle Transportation Plan and Mitigated CITY OF CUPERTINO Page 6 City Council AGENDA June 21, 2016 Negative Declaration for the 2016 Cupertino Bicycle Transportation Plan Recommended Action: a.) Approve a Mitigated Negative Declaration for the 2016 Cupertino Bicycle Transportation Plan; and b.) Adopt Resolution No. 16-070 adopting the 2016 Cupertino Bicycle Transportation Plan Staff Report A - Draft Resolution B - 2016 Bicycle Transportation Plan 17. Subject: Brush abatement for public nuisance and potential fire hazard Recommended Action: Remove this item from the agenda since any parcels on the list have complied 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 CITY OF CUPERTINO Page 7 City Council AGENDA June 21, 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 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 STATE OF CALIFCO]'.:`'I.- ) _ )SS. COUiITY OF SAWN,, I, (. (j,LIa,PM �J(.t �G✓ , AN NIENT, STNFE 1.7 -: ):,,'.- R PENALTY Gr PERJURY THAT ON (rid,-�FE) � (TIA;IE) jl ' 41Sar, _, I PE1ti1.SC; .!- Y C O P E RT I N O POSTED THE Tti v T i i L iCTEItirDA Off' i E BULLETIN BOARD AT CITY HALL. AMENDED? Dt11L bi -:NATURE AGENDA OF THE CITY COUNCIL Tuesday, June 21, 2016 Regular Meeting (6:45 pm) Savita Vaidhyanathan Barry ChangMaor Gilbert Wong Darcy Paul Vice Mayor y Council Member Council Member \ / Randolph Horn \ 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 item I Staff reports and makes recommendation Applicant or a� Appellant makes presentation (up to 10 mins.) .t Mayor invites members of the public to speak about the agenda item It closes the hearing t 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, Community Hall Council Chamber Tuesday, June 21, 2016 6:45 PM AMENDED Amended on 6/16/16 to add agenda Item No. 18a. PLEDGE OF ALLEGIANCE ROLL CALL CEREMONIAL MATTERS AND PRESENTATIONS 1. Subject: Commendations to Monta Vista neighborhood residents, recognizing their community spirit and engagement, for providing landscaping services to a disadvantaged homeowner. Recommended Action: Present commendations POSTPONEMENTS 2. Subject: Agenda Item No. 17 Brush abatement for public nuisance and potential fire hazard Recommended Action: Remove the item from the agenda since any parcels on the list have complied 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 June 6 City Council minutes CITY OF CUPERTINO Page I City Council AGENDA June 21, 2016 Recommended Action: Approve the minutes A - Draft Minutes 4. Subject: Accept the Final Report of the Classification Study, dated May 23, 2016 Recommended Action: 1. Accept the Report, approve title changes, re -classifications, new classifications and deleted classification effective July 1, 2016. 2. Adopt Resolution 16-064 Amending the Unrepresented Employees' Compensation Program and salary schedule. 3. Approve budget adjustments to the FY 2016-17 Final Budget as described in the fiscal impact section of this report. Staff Report A - Draft Resolution B - Final Classification Report C - Green Lined Amended Unrepresented Employees' Compensation Prop D - New Class Descriptions 5. Subject: Appointment of City of Cupertino representative to the Santa Clara County Valley Transportation Authority (VTA) Bicycle & Pedestrian Advisory Committee (BPAC) Recommended Action: Accept the Bicycle Pedestrian Commission (BPC) recommendation to appoint Gary Jones to the VTA BPAC for a two-year term beginning July 1, 2016 Staff Report 6. Subject: Governor's By Right Housing Proposal Recommended Action: Oppose the Governor's By -Right Housing proposal and authorize the Mayor to send letters of opposition to state legislative leaders along with our state delegation Staff Report A - Sample Mayor Letter of Opposition B - "By Riaht" Housing proposal summary 7. Subject: Approve the First Amendment to the lease agreement with Friends of Stevens Creek Trail for the period extending through June 30, 2017 Recommended Action: Authorize City Manager to amend the lease agreement with Friends of Stevens Creek Trail at McClellan Ranch preserve for the period extending through June 30, 2017 Staff Report A - Draft Ajzreement First Amendment B - Agreement 8. Subject: Approve the First Amendment to the Lease Agreement with Santa Clara CITY OF CUPERTINO Page 2 City Council AGENDA June 21, 2016 Valley Audubon Society for the period extending through June 30, 2017 Recommended Action: Authorize City Manager to amend the lease agreement with Santa Clara Valley Audubon Society at McClellan Ranch Preserve for the period extending through June 30, 2017 Staff Report A - Draft Agreement First Amendment B - Agreement 9. Subject: Application for Alcoholic Beverage License for Lans Garden Restaurant, 19634 Stevens Creek Bouelvard Recommended Action: Recommend approval to the California Department of Alcoholic Beverage Control of the Application for Alcoholic Beverage License for Lans Garden Restaurant, 19634 Stevens Creek Boulevard Staff Report A - Application 10. Subject: Application for Alcoholic Beverage License for Sizzling Gourmet, Inc., 19541 Richwood Drive Recommended Action: Recommend approval to the California Department of Alcoholic Beverage Control of the Application for Alcoholic Beverage License for Sizzling Gourmet, Inc., 19541 Richwood Drive Staff Report A - Application 11. Subject: Application for Alcoholic Beverage License for WAC Kitchen, LLC (dba The Yard), 10235 S. De Anza Boulevard Recommended Action: Recommend approval to the California Department of Alcoholic Beverage Control of the Application for Alcoholic Beverage License for WAC Kitchen, LLC (dba The Yard), 10235 S. De Anza Boulevard Staff Report A - Application 12. Subject: Application for Alcoholic Beverage License for CDUBB Restaurant Ventures, LLC (dba Coconut Fish Cafe), 20010 Stevens Creek Boulevard Recommended Action: Recommend approval to the California Department of Alcoholic Beverage Control of the Application for Alcoholic Beverage License for CDUBB Restaurant Ventures, LLC (dba Coconut Fish Cafe), 20010 Stevens Creek Boulevard Staff Report A - Application SECOND READING OF ORDINANCES CITY OF CUPERTINO Page 3 City Council AGENDA June 21, 2016 PUBLIC HEARINGS 13. Subject: Development Permit to allow the demolition of a 342 unit apartment complex (The Hamptons) and the construction of a 942 unit apartment complex in a Planned Residential Zoning District, Environmental Analysis proposing adoption of a Mitigated Negative Declaration, Architectural and Site approval for the demolition of a 342 unit apartment complex (The Hamptons) and the construction of a new 942 unit apartment development on the same site with associated site and landscaping improvements, Use Permit to allow a bicycle hub and a separate bar facility within a club house located in a 942 unit apartment development, Tree Removal Permit to allow the removal and replacement of 277 trees in conjunction with the construction of a new apartment development, and Development Agreement for a new 942 apartment unit development in a Planned Residential Zoning District. Application No(s): DP-2015-04, EA-2015-03, ASA-2015-13, U-2015-05,TR-2015-21, DA-2015-01; Applicant(s): Carlene Matchniff (The Irvine Company/IAC at Cupertino LLC); Location: 19500 Pruneridge Avenue APN# 316-06-032, 316-06-037 Recommended Action: The Planning Commission recommends that the City Council A) Adopt Resolution No. 16-065 approving Development Permit DP-2015-04 and adopting a Mitigated Negative Declaration EA-2015-03; and B) Adopt Resolution No. 16-066 approving Architectural and Site Approval ASA-2015-13; and C) Adopt Resolution No. 16-067 approving Use Permit U-2015-05; and D) Adopt Resolution No. 16-068 approving Tree Removal Permit TR-2015-21; and E) Conduct the first reading of Ordinance No. 16-2144: "An Ordinance of the Cupertino City Council approving a Development Agreement by and between the City of Cupertino and IAC at Cupertino LLC for the Hamptons project located at 19500 Pruneridge Avenue" CITY OF CUPERTINO Page 4 City Council AGENDA June 21, 2016 Staff Report CC-1 DP-2015-04 Draft Resolution CC-2 ASA-2015-13 Draft Resolution CC-3 U-2015-05 Draft Resolution CC-4 TR-2015-21 Draft Resolution CC-5 ORD DA-2015-01 Draft Ordinance CC-5A Hamptons DA CCSR 21 Draft Agreement CC-6 PC minutes & staff report CC-7 PC resolutions CC 8 ERC CC-9 Parking demand CC-10 Arch review CC -I I Comments CC- 12-a MND Cover CC 12-b TOC CC-12-c MND Intro CC-12-d MND Checklist CC-12-e MND ProiectDescription CC-12-f GP EIR ConsistencyAnalysis CC-12-g EnvironmentalAnalysis CC-12-h MM" CC-12-i OrgPersonsConsulted CC-13 Response ISMND comments CC-14 Project plans cover letter CC-14a Project plans link 14. Subject: Petition for Reconsideration of the April 19, 2016 City Council decision to deny appeals of a Planning Commission decision to deny an appeal of a Director's approval of a Two -Story Permit (R-2015-08) to allow the construction of a new 5,140-square-foot single-family residence and a Minor Residential Permit (RM-2015-08) to allow a second story balcony on the new residence. (Application No. R-2015-08 and RM-2015-08; Applicant: WEC & Assoc. (Kingkay Capital, LLC); Petitioner(s): Jan Kucera Jr., and Matthew R. and Angela M.D. Miller; Location: 21900 Oakview Lane; APN: 326-19-105). Council adopted Resolution No. 16-040, Denying the Appeal and upholding the Planning Commission's decision per Planning Commission Resolution No. 6798 and 6799 (Paul abstaining) Recommended Action: 1. Adopt Resolution No. 16-069 denying the petition, which does not meet the requirements of Cupertino Municipal Code (CMC) Section 2.08.09 CITY OF CUPERTINO Page 5 City Council AGENDA June 21, 2016 Staff Report A - Draft Resolution B - Two -Story and Minor Residential Permits Action Letter C - Planning Commission Staff Report D - Planning Commission Meeting Minutes E - Planning Commission Resolutions No. 6798 and 6799 F - City Council Staff Report G - City Council Meeting Minutes H - City Council Action Letter and Resolution No. 16-040 I - Petition for Reconsideration Miller J - Petition for Reconsideration Kucera K - Plan Set L - Flowchart for Agenda Items ORDINANCES AND ACTION ITEMS 15. Subject: Receive the Joint Cities Coordinated Stevens Creek Trail Feasibility Study, the recommendation from the Joint Cities Working Team and Commission input Recommended Action: Accept the Joint Cities Coordinated Stevens Creek Feasibility Study; review the Joint Cities Working Team recommendations Commission input; and provide direction regarding the recommendations and desired actions Staff Report A - Joint Cities Coord Stevens Creek Trail Feas Study B - Stevens Creek Trail Process Map C - CWG Recommendations to JCWT D - JCWT Recommendations to Councils E - Joint Cupertino PRC-BPC Meeting Minutes 15.12.15 F - Los Altos Resolution No. 2015-39 G - Sunnyvale City Council Minutes, Excerpt, 16.02.09 Trail and any 16. Subject: Adoption of 2016 Cupertino Bicycle Transportation Plan and Mitigated Negative Declaration for the 2016 Cupertino Bicycle Transportation Plan Recommended Action: a.) Approve a Mitigated Negative Declaration for the 2016 Cupertino Bicycle Transportation Plan; and b.) Adopt Resolution No. 16-070 adopting the 2016 Cupertino Bicycle Transportation Plan Staff Report ort A - Draft Resolution B - 2016 Bicycle Transportation Plan 17. Subject: Brush abatement for public nuisance and potential fire hazard CITYOFCUPERTINO Page 6 City Council AGENDA June 21, 2016 Recommended Action: Remove this item from the agenda since any parcels on the list have complied 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 18a. Subject: Cancel the special meeting of Wednesday, July 6, 2016 Recommended Action: Cancel the meeting ADJOURNMENT CITY OF CUPERTINO Page 7 City Council AGENDA June 21, 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 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 mayor and a vice-mayorare selected by the City Council fora one-yearterm. The City Council receives advice and assistance from nine commissions, which are appointed bythe 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 I T IFE.- -FIN714 -11'-) JV N11711111q, D 140 A1,1VINT—IPT ZI "11-1 Pjx/-LF, T!" -rd vd]a vo) ONIZH'Adflo JOU-1D 1-1-1,ijo.-Lj 7-.AO- l ,I _jV -F Y)G FA Uri-M NV VT 'I V-IV-jD V;)�s go 'kJANCIOID AGENDA OF THE CITY COUNCIL Tuesday, June 21, 2016 Regular Meeting (6:45 pm) S2vita Vaidhyanathan Barry Chang MaGilbert Wong Darcy Paul Vice Mayor or Council Member Council Member Randolph Hom CityA ++ \Ad� Attorney David Brandt City Manager. Staff E Speaker's Podium Rod Sinks Council Member COMMUNITY HALL COUNCIL CHAMBER 10350 TORRE AVENUE - CUPERTINO, CA 95014 TELEPHONE: (408) 777-3220 (CITY HALL) WEBSITE: www.cupertino.org V1N`dOJ11W do U-J-VJS — 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 1 Staff reports and makes �J recommendation 1 Applicant or Appellant makes presentation (up to 10 mins.) 1 Mayor invites members of the public to speak about the agenda item It Mayor closes the hearing 1 1-11 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 10350 Torre Avenue, Community Hall Council Chamber Tuesday, June 21, 2016 6:45 PM PLEDGE OF ALLEGIANCE ROLL CALL CEREMONIAL MATTERS AND PRESENTATIONS 1. Subject: Commendations to Monta Vista neighborhood residents, recognizing their community spirit and engagement, for providing landscaping services to a disadvantaged homeowner. Recommended Action: Present commendations POSTPONEMENTS 2. Subject: Agenda Item No. 17 Brush abatement for public nuisance and potential fire hazard Recommended Action: Remove the item from the agenda since any parcels on the list have complied 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 June 6 City Council minutes Recommended Action: Approve the minutes A - Draft Minutes CITYOFCUPERTINO Page I City Council AGENDA June 21, 2016 4. Subject: Accept the Final Report of the Classification Study, dated May 23, 2016 Recommended Action: 1. Accept the Report, approve title changes, re -classifications, new classifications and deleted classification effective July 1, 2016. 2. Adopt Resolution 16-064 Amending the Unrepresented Employees' Compensation Program and salary schedule. 3. Approve budget adjustments to the FY 2016-17 Final Budget as described in the fiscal impact section of this report. Staff Report A - Draft Resolution B - Final Classification Report C - Green Lined Amended Unrepresented Employees' Compensation Pros D - New Class Descriptions 5. Subject: Appointment of City of Cupertino representative to the Santa Clara County Valley Transportation Authority (VTA) Bicycle & Pedestrian Advisory Committee (BPAC) Recommended Action: Accept the Bicycle Pedestrian Commission (BPC) recommendation to appoint Gary Jones to the VTA BPAC for a two-year term beginning July 1, 2016 Staff Repo 6. Subject: Governor's By Right Housing Proposal Recommended Action: Oppose the Governor's By -Right Housing proposal and authorize the Mayor to send letters of opposition to state legislative leaders along with our state delegation Staff Report A - Sample Mayor Letter of Opposition B - `By Right" Housing proposal summary 7. Subject: Approve the First Amendment to the lease agreement with Friends of Stevens Creek Trail for the period extending through June 30, 2017 Recommended Action: Authorize City Manager to amend the lease agreement with Friends of Stevens Creek Trail at McClellan Ranch preserve for the period extending through June 30, 2017 Staff Report A - Draft Agreement First Amendment B - Agreement S. Subject: Approve the First Amendment to the Lease Agreement with Santa Clara Valley Audubon Society for the period extending through June 30, 2017 CITY OF CUPERTINO Page 2 City Council AGENDA June 21, 2016 Recommended Action: Authorize City Manager to amend the lease agreement with Santa Clara Valley Audubon Society at McClellan Ranch Preserve for the period extending through June 30, 2017 Staff Report A - Draft Agreement First Amendment B - Agreement 9. Subject: Application for Alcoholic Beverage License for Lans Garden Restaurant, 19634 Stevens Creek Bouelvard Recommended Action: Recommend approval to the California Department of Alcoholic Beverage Control of the Application for Alcoholic Beverage License for Lans Garden Restaurant, 19634 Stevens Creek Boulevard Staff Report A - Application 10. Subject: Application for Alcoholic Beverage License for Sizzling Gourmet, Inc., 19541 Richwood Drive Recommended Action: Recommend approval to the California Department of Alcoholic Beverage Control of the Application for Alcoholic Beverage License for Sizzling Gourmet, Inc., 19541 Richwood Drive Staff Report A•- Application 11. Subject: Application for Alcoholic Beverage License for WAC Kitchen, LLC (dba The Yard), 10235 S. De Anza Boulevard Recommended Action: Recommend approval to the California Department of Alcoholic Beverage Control of the Application for Alcoholic Beverage License for WAC Kitchen, LLC (dba The Yard), 10235 S. De Anza Boulevard Staff Report A - Application 12. Subject: Application for Alcoholic Beverage License for CDUBB Restaurant Ventures, LLC (dba Coconut Fish Cafe), 20010 Stevens Creek Boulevard Recommended Action: Recommend approval to the California Department of Alcoholic Beverage Control of the Application for Alcoholic Beverage License for CDUBB Restaurant Ventures, LLC (dba Coconut Fish Cafe), 20010 Stevens Creek Boulevard Staff Report A - Application SECOND READING OF ORDINANCES PUBLIC HEARINGS CITY OF CUPERTINO Page 3 City Council AGENDA June 21, 2016 13. Subject: Development Permit to allow the demolition of a 342 unit apartment complex (The Hamptons) and the construction of a 942 unit apartment complex in a Planned Residential Zoning District, Environmental Analysis proposing adoption of a Mitigated Negative Declaration, Architectural and Site approval for the demolition of a 342 unit apartment complex (The Hamptons) and the construction of a new 942 unit apartment development on the same site with associated site and landscaping improvements, Use Permit to allow a bicycle hub and a separate bar facility within a club house located in a 942 unit apartment development, Tree Removal Permit to allow the removal and replacement of 277 trees in conjunction with the construction of a new apartment development, and Development Agreement for a new 942 apartment unit development in a Planned Residential Zoning District. Application No(s): DP-2015-04, EA-2015-03, ASA-2015-13, U-2015-05,TR-2015-21, DA-2015-01; Applicant(s): Carlene Matchniff (The Irvine Company/IAC at Cupertino LLC); Location: 19500 Pruneridge Avenue APN# 316-06-032, 316-06-037 Recommended Action: The Planning Commission recommends that the City Council A) Adopt Resolution No. 16-065 approving Development Permit DP-2015-04 and adopting a Mitigated Negative Declaration EA-2015-03; and B) Adopt Resolution No. 16-066 approving Architectural and Site Approval ASA-2015-13; and C) Adopt Resolution No. 16-067 approving Use Permit U-2015-05; and D) Adopt Resolution No. 16-068 approving Tree Removal Permit TR-2015-21; and E) Conduct the first reading of Ordinance No. 16-2144: "An Ordinance of the Cupertino City Council approving a Development Agreement by and between the City of Cupertino and IAC at Cupertino LLC for the Hamptons project located at 19500 Pruneridge Avenue" CITY OF CUPERTINO Page 4 City Council AGENDA June 21, 2016 Staff Report CC-1 DP-2015-04 Draft Resolution CC-2 ASA-2015-13 Draft Resolution CC-3 U-2015-05 Draft Resolution CC-4 TR-2015-21 Draft Resolution CC-5 ORD DA-2015-01 Draft Ordinance CC-5A Hamptons DA CCSR 21 Draft Agreement CC-6 PC minutes & staff report CC-7 PC resolutions CC 8 ERC CC-9 Parking demand CC-10 Arch review CC -I I Comments CC- 12-a MND Cover CC 12-b TOC CC-12-c MND Intro CC-12-d MND Checklist CC-12-e MND ProjectDescription CC-12-f GP EIR ConsistencvAnalvsis CC-12-g Envirom-nentalAnalysis CC-12-h MMRP CC-12-i OrgPersonsConsulted CC-13 Response ISMND comments CC-14 Project plans cover letter CC-14a Project plans link 14. Subject: Petition for Reconsideration of the April 19, 2016 City Council decision to deny appeals of a Planning Commission decision to deny an appeal of a Director's approval of a Two -Story Permit (R-2015-08) to allow the construction of a new 5,140-square-foot single-family residence and a Minor Residential Permit (RM-2015-08) to allow a second story balcony on the new residence. (Application No. R-2015-08 and RM-2015-08; Applicant: WEC & Assoc. (Kingkay Capital, LLC); Petitioner(s): Jan Kucera Jr., and Matthew R. and Angela M.D. Miller; Location: 21900 Oakview Lane; . APN: 326-19-105). Council adopted Resolution No. 16-040, Denying the Appeal and upholding the Planning Commission's decision per Planning Commission Resolution No. 6798 and 6799 (Paul abstaining) Recommended Action: 1. Adopt Resolution No. 16-069 denying the petition, which does not meet the requirements of Cupertino Municipal Code (CMC) Section 2.08.09 CITYOF CUPERTINO Page 5 City Council AGENDA June 21, 2016 Staff Report A - Draft Resolution B - Two -Story and Minor Residential Permits Action Letter C - Planning Commission Staff Report D - Planning Commission Meeting Minutes E - Planning Commission Resolutions No. 6798 and 6799 F - City Council Staff Report G - City Council Meeting Minutes H - City Council Action Letter and Resolution No. 16-040 I - Petition for Reconsideration Miller J - Petition for Reconsideration Kucera K - Plan Set L - Flowchart for Agenda Items ORDINANCES AND ACTION ITEMS 15. Subject: Receive the Joint Cities Coordinated Stevens Creek Trail Feasibility Study, the recommendation from the Joint Cities Working Team and Commission input Recommended Action: Accept the Joint Cities Coordinated Stevens Creek Trail Feasibility Study; review the Joint Cities Working Team recommendations and Commission input; and provide direction regarding the recommendations and any desired actions Staff Report A - Joint Cities Coord Stevens Creek Trail Feas Study B - Stevens Creek Trail Process Man C - CWG Recommendations to JCWT D - JCWT Recommendations to Councils E - Joint Cupertino PRC-BPC Meeting Minutes 15.12.15 F - Los Altos Resolution No. 2015-39 G - Sunnyvale City Council Minutes, Excerpt, 16.02.09 16. Subject: Adoption of 2016 Cupertino Bicycle Transportation Plan and Mitigated Negative Declaration for the 2016 Cupertino Bicycle Transportation Plan Recommended Action: a.) Approve a Mitigated Negative Declaration for the 2016 Cupertino Bicycle Transportation Plan; and b.) Adopt Resolution No. 16-070 adopting the 2016 Cupertino Bicycle Transportation Plan Staff Report A - Draft Resolution B - 2016 Bicycle Transportation Plan 17. Subject: Brush abatement for public nuisance and potential fire hazard CITY OF CUPERTINO Page 6 City Council AGENDA June 21, 2016 Recommended Action: Remove this item from the agenda since any parcels on the list have complied 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 CITY OF CUPERTINO Page 7 City Council AGENDA June 21, 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 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 ILI 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) Fire (Emergency) Fire (Non -Emergency) Garbage Gas & Electricity Recreation & Community Services Police (Emergency) Police (Non -Emergency) Public Health Sanitary Sewers Water General Information and Comments (408) 777-CITY Santa Clara County Fire Dept. dispatch 911 Santa Clara County Fire Dept. (408) 378-4010 Recology South Bay (408) 725-4020 Pacific Gas & Electric (PG&E) 1-800-743-5000 Quinlan Community Center (408) 777-3120 Santa Clara County Sheriff dispatch 911 Santa Clara County Sheriff (408) 868-6600 Santa Clara County Public Health (408) 732-3720 Cupertino Sanitary District (408) 253-7071 San Jose Water (408) 279-7900 California Water (650) 917-0152 CUPERTINO STATE OF CALIFCRNIA ) ) SS. COUNTY OF SANIA CLARA ) I, f , AN EMPLOYEE OF VI CITY OF CUPEp\::I *,O MENT, STATE-.UNV)ER PENAI:i"Y OF PERJURY THAT ON (DAT'E)r �/( (TIME) j;aoP/V., f PEP,30itiA1_.1Y POSTED THE NOTICE/AGENDA ON i � i BULLETIN BOARD AT CITY HALL. DATE AGENDA OF THE CITY COUNCIL Monday, June 6, 2016 Regular Meeting (6:45 pm) Savita Vaidhyanathan Barry ChangMaor Gilbert Wong Darcy Paul Vice Mayor y Council Member Council Member \ / Randolph Hom \ City Attorney dft Am. David Brandt City Manager' --- Staff , Staff —, >^_. Speaker's Podium SIGINKTURE 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 item I Staff reports and makes recommendation Applicant or Appellant makes presentation (up to 10 mins.) 1 Mayor invites members of the public to speak about the agenda item 1 Mayor closes the hearing 1 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.or, 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 10350 Torre Avenue, Council Chamber Monday, June 6, 2016 6:45 PM Meeting moved for Election Tuesday PLEDGE OF ALLEGIANCE ROLL CALL CEREMONIAL MATTERS AND PRESENTATIONS 1. Subject: Presentation of "Leader of the Year" award to Director of Public Works Timm Borden from Chapter President Afshin Oskoui of the Silicon Valley Chapter of the American Public Works Association Recommended Action: Receive 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. 2. Subject: Approve the May 17 City Council minutes Recommended Action: Approve the minutes A - Draft Minutes 3. Subject: Approve the May 24 City Council minutes (Teen Commission Interviews) Recommended Action: Approve the minutes CITY OF CUPERTINO Page 1 City Council AGENDA June 6, 2016 A - Draft Minutes 4. Subject: Accept Accounts Payable for the period ending April 1, 2016 Recommended Action: Adopt Resolution No. 16-052 accepting for the period ending April 1, 2016 A - Draft Resolution B - AP Report 5. Subject: Accept Accounts Payable for the period ending April 8, 2016 Recommended Action: Adopt Resolution No. 16-053 accepting for the period ending April 8, 2016 A - Draft Resolution B - AP Report 6. Subject: Accept Accounts Payable for the period ending April 15, 2016 Recommended Action: Adopt Resolution No. 16-054 accepting for the period ending April 15, 2016 A - Draft Resolution B - AP Report 7. Subject: Accept Accounts Payable for the period ending April 22, 2016 Recommended Action: Adopt Resolution No. 16-055 accepting for the period ending April 22, 2016 A - Draft Resolution B - AP Report 8. Subject: Accept Accounts Payable for the period ending April 29, 2016 Recommended Action: Adopt Resolution No. 16-056 accepting for the period ending April 29, 2016 A - Draft Resolution B - AP Report 9. Subject: Accept Accounts Payable for the period ending May 6, 2016 Recommended Action: Adopt Resolution No. 16-057 accepting for the period ending May 6, 2016 A - Draft Resolution B - AP Report Accounts Payable Accounts Payable Accounts Payable Accounts Payable Accounts Payable Accounts Payable 10. Subject: Approval of the Third Quarter Financial Report for Fiscal Year 2015-2016 CITY OF CUPERTINO Page 2 City Council AGENDA June 6, 2016 Recommended Action: Adopt Resolution No. 16-058 accepting the City Manager's Third Quarter Financial Report for Fiscal Year 2015-2016 to: 1. Approve decreased budget appropriations of $4,419,615 for the Capital Project and Enterprise Funds. 2. Approve increased budget appropriation of $50,000 in transfers out from the General Fund to the Public Affairs Information Technology budget. 3. Approve increased budget appropriations of $24,000 for Traffic Calming along Rodrigues Ave. and Pacifica Dr. 4. Approve increased budget appropriations of $200,000 in the Compensated Absence fund. 5. Approve increased appropriations of $30,000 in the City Hall Building Maintenance. Staff Report A - Draft Resolution B - Third Quarter Financial Report for FY 2015-16 C - Performance Measures - Redline Version for each Department D - Performance Measures - Clean Version for each Department 11. Subject: Adopt a resolution calling a General Municipal Election on November 8, 2016 to fill two City Council seats Recommended Action: Adopt Resolution No. 16-059 calling a General Municipal Election on November 8, 2016 to fill two City Council seats Staff Report A - Draft Resolution 12. Subject: Establish friendship cities in China, People's Republic of China (Chongqing, Changzhou, Nanjing, Hefei, Hangzhou, Kunming, Huangshan, Shanghai, Wuhan) and in Taiwan, Republic of China (Hsinchu County, Taipei, Taichung). Recommended Action: Authorize the Mayor to execute Letters of Intent establishing friendship cities in China, People's Republic of China (Chongqing, Changzhou, Nanjing, Hefei, Hangzhou, Kunming, Huangshan, Shanghai, Wuhan) and in Taiwan, Republic of China (Hsinchu County, Taipei, Taichung). CITY OF CUPERTINO Page 3 City Council AGENDA June 6, 2016 Staff Report A - Intent letter for Friendship City - Chongqing B - Intent letter for Friendship City - Chan zg hou C - Intent letter for Friendship City - Nanjing D - Intent letter for Friendship City - Hefei E - Intent letter for Friendship CityyHangzhou F - Intent letter for Friendship City - Kunming G - Intent letter for Friendship City - Huan sg han H - Intent letter for a Friendship Ci - Shanghai I - Intent for Friendship City J - Intent letter for Friendship , - Wuhan City - Hsinchu County K - Intent letter for Friendship City - Taipei L - Intent letter for Friendship City - Taichung 13. Subject: Declare brush to be a public nuisance and potential fire hazard and set hearing for June 21 for objections to proposed removal Recommended Action: Adopt Resolution No. 16-060 declaring brush to be a public nuisance and potential fire hazard and setting the hearing date for June 21 Staff Report A - Draft Resolution 14. Subject: The City's Case Manager received two donations specifically intended for the benefit of the Case Management program Recommended Action: Staff is requesting that the Council accept the monetary donations that will be used for the Case Management Program's Client Emergency Fund Staff Report 15. Subject: Application for Alcoholic Beverage License for 7 Eleven, Inc., 21490 McClellan Road (Store #2366) Recommended Action: Recommend approval to the California Department of Alcoholic Beverage Control of the Application for Alcoholic Beverage License for 7 Eleven, Inc., 21490 McClellan Road (Store #2366) Staff Report A - Application SECOND READING OF ORDINANCES PUBLIC HEARINGS 16. Subject: Public hearing to consider the Capital Improvement Plan (CIP); and a finding of General Plan conformance; and the Recommended Budget for Fiscal Year 2016-17; and the Adoption of the Recommended Budget for Fiscal Year CITY OF CUPERTINO Page 4 City Council AGENDA June 6, 2016 2016-17; and Establishment of the Appropriation Limit, and related actions. Recommended Action: a. Adopt Resolution No. 16-061 establishing a special project budget for the Planning and Community Development - Current Planning and Public Works Traffic Engineering Programs for costs related to Apple Pass Thru Revenues for Fiscal Year 2016-17 b. Adopt Resolution No. 16-062 establishing an Operating Budget and Capital Budget for Fiscal Year 2016-17 C. Adopt Resolution No. 16-063 establishing an Appropriation Limit for Fiscal Year 2016-17 Staff Report A - Draft Resolution Pass Thru Revenue B - Draft Resolution Operating; and Capital Budget C - Draft Resolution Appropriation Limit D - Budget study session follow-up items ORDINANCES AND ACTION ITEMS 17. Subject: Receive the Certification of Sufficiency for the Vallco Town Center Specific Plan Initiative petition submitted by proponents Vicky Tsai and Judy Wilson and provide direction Recommended Action: Receive the Certification of Sufficiency for the Vallco Town Center Specific Plan Initiative petition submitted by proponents Vicky Tsai and Judy Wilson and provide direction; defer a decision on whether to place the measure on the November 8, 2016 ballot until after the 9212 Report on the Initiative is completed Staff Report A - Certification REPORTS BY COUNCIL AND STAFF 18. Subject: Report on Committee assignments and general comments Recommended Action: Report on Committee assignments and general comments ADJOURNMENT CITY OF CUPERTINO Page 5 City Council AGENDA June 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. CITY OF CUPERTINO Page 6 THE CITY COUNCIL AND STAFF CITY COUNCIL Cupertino is a General Law city organized under and subject to statutes of the State of California. It is governed by the five -member City Council with the Mayor as the presiding officer. City Council members are elected at -large to four-year, overlapping terms. Each November a mayor and a vice -mayor are selected by the City Council for a one-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 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-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) Fire (Emergency) Fire (Non -Emergency ) Garbage Gas & Electricity Recreation & Community Services Police (Emergency) Police (Non -Emergency) Public Health Sanitary Sewers Water General Information and Comments (408) 777-CITY Santa Clara County Fire Dept. dispatch 911 Santa Clara County Fire Dept. (408) 378-4010 Recology South Bay (408) 725-4020 Pacific Gas & Electric (PG&E) 1-800-743-5000 Quinlan Community Center (408) 777-3120 Santa Clara County Sheriff dispatch 911 Santa Clara County Sheriff (408) 868-6600 Santa Clara County Public Health (408) 732-3720 Cupertino Sanitary District (408) 253-7071 San Jose Water (408) 279-7900 California Water (650) 917-0152 CITY OF CUPERTINO AGENDA CUPERTINO CITY COUNCIL 10300 Torre Avenue, City Hall Conference Room A Wednesday, May 25, 2016 3:30 PM Non -televised Special Meeting Closed Session NOTICE AND CALL FOR A SPECIAL .MEETING OF THE CUPERTINO CITY COUNCIL NOTICE IS HEREBY GIVEN that a special meeting of the Cupertino City Council is hereby called for Wednesday, May 25, 2016, commencing at 3:30 p.m. in City Hall Conference Room A, 10300 Torre Avenue, Cupertino, California 95014. Said special meeting shall be for the purpose of conducting business on the subject matters listed below under the heading, "Special Meeting." SPECIAL MEETING ROLL CALL CLOSED SESSION 1. Subject: Conference with Labor Negotiators pursuant to Government Code Section 54957.6; Agency designated representatives: City Manager, Director of Administrative Services and Dania Torres Wong; Employee organizations: Operating Engineers Local No. 3 Union; Cupertino Employees' Association; Unrepresented (Management and Confidential) Employees' Compensation Program STATE OF CALIFG'.NIA ) ADJOURNMENT )SS. COUNTY OF SAN_Ll CLA%PA ) I,_ �(C Gf/t IIJVI C �, AN EN11PLOYEE OF T1-, L: C 1 l Y OF %_1 ZTIN,0 L��,t'Ai STATE PEN. UfY OF i .1 Rl Y THAT : ; 01-1:� E) �► _Y 10,3r[,3L D i'b-1 BULLETIN 130,' 1�0 AF CITY LL,LL. CITY OF CUPERTINO City Council AGENDA May 25, 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.clipertino.orglindex.aspx?page=125 for a reconsideration petition form. In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend the next City Council meeting who is visually or hearing impaired or has any disability that needs special assistance should call the City Clerk's Office at 408-777-3223, 48 hours in advance of the Council meeting to arrange for assistance. Upon request, in advance, by a person with a disability, City Council meeting agendas and writings distributed for the meeting that are public records will be made available in the appropriate alternative format. Also upon request, in advance, an assistive listening device can be made available for use during the meeting. Any writings or documents provided to a majority of the Cupertino City Council after publication of the packet will be made available for public inspection in the City Clerk's Office located at City Hall, 10300 Torre Avenue, during normal business hours and in Council packet archives linked from the agenda/minutes page on the Cupertino web site. Members of the public are entitled to address the City Council concerning any item that is described in the notice or agenda for this meeting, before or during consideration of that item. If you wish to address the Council on any issue that is on this agenda, please complete a speaker request card located in front of the Council, and deliver it to the Clerk prior to discussion of the item. When you are called, proceed to the podium and the Mayor will recognize you. If you wish to address the City Council on any other item not on the agenda, you may do so by during the public comment portion of the meeting following the same procedure described above. Please limit your comments to three (3) minutes or less. CITY OF CUPERTINO Page 2 CITY OF CUPERTINO AGENDA CUPERTINO CITY COUNCIL 10300 Torre Avenue, City Hall Conference Room A Tuesday, May 24, 2016 3:30 PM Non -televised Special Meeting Teen Commission Interviews NOTICE AND CALL FOR A SPECIAL MEETING OF THE CUPERTINO CITY COUNCIL NOTICE IS HEREBY GIVEN that a special meeting of the Cupertino City Council is hereby called for Tuesday, May 24, 2016, commencing at 3:30 p.m. in City Hall Conference Room A, 10300 Torre Avenue, Cupertino, California 95014. Said special meeting shall be for the purpose of conducting business on the subject matters listed below under the heading, "Special Meeting." SPECIAL MEETING ROLL CALL COMMISSIONS INTERVIEWS 1. Subject: Teen Commission interviews Recommended Action: Conduct interviews and make appointments for three vacancies on the Teen Commission A - Interview schedule B - Commission Diversity Resolution C - Teen Commission Resolution D - Current Con nission E - Commission Attendance F - Sample Questions G - 8th Grade Applications H - 9th Grade Applications I - 1 Oth Grade Applications J - 1 Ith Grade Applications K - 12th Grade Applications ORAL COMMUNICATIONS S" A E UP CALK \t ) SS. Ct4LiT TY OF SAi. u� I. 7. C1�Q� AN OFT -" 'L^ I�` Y i-:.. s � Y OF CUPL.P T Tnrn F RY Tyr E)IS i 1 1' I OSr, , D THE 14'.._r; BULLETIN BQ,1C1Ty HALL. SAIJ16 I L 'r Ltt PILLSIGm - UaE CITY OF CUPERTINO Page I City Council AGENDA I 24, 2016 This portion of the meeting is reserved for persons wishing to address the council on any matter not on the agenda. Speakers are limited to three (3) minutes. In most cases, State law will prohibit the council from making any decisions with respect to a matter not listed on the agenda. ADJOURNMENT CITY OF CUPERTINO Page 2 City Council AGENDA May 24, 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 CUPGRTINO Page 3 CUPERTINO STATE OF CALIFO IA ) SS. COUNTY OF SAND, CLA12 N ) I, AN EMPLOYEE OF TI-I CITY OF CUPERTINO (10A—,L DEPART MENT, STATE Lii\DER PEN LTY OF PERJURY THAT ON (DATE) S / a (TIME) , I PERSONALLY POSTED THE NOTICE/AGENDA ON THE BULLETIN BOARD AT CITY HALL. it DATE AGENDA OF THE CITY COUNCIL Tuesday, May 17, 2016 Televised Special Meeting Study Session (3:00 pm) and Regular Meeting (6:45 pm) 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 —, Staff E Speaker's Podium Rod Sinks Council Member COMMUNITY HALL COUNCIL CHAMBER 10350 TORRE AVENUE • CUPERTINO, CA 95014 TELEPHONE: (408) 777-3220 (CITY HALL) WEBSITE: www.cupertino.org SI G i14'11-lr kE — 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 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 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, May 17, 2016 3:00 PM Televised Special Meeting Study Session (3:00) and Regular Meeting (6:45) NOTICE AND CALL FOR A SPECIAL MEETING OF THE CUPERTINO CITY COUNCIL NOTICE IS HEREBY GIVEN that a special meeting of the Cupertino City Council is hereby called for Tuesday, May 17, 2016, commencing at 3:00 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." The regular meeting items will be heard at 6:45 p.m. in Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, California 95014. SPECIAL MEETING STUDY SESSION - 3:00 PM ROLL CALL 1. Subject: Study session regarding the Proposed Fiscal Year 2016-2017 Budget C/TYOFCUPERT/NO Pape I City Council AGENDA May 17, 2016 Recommended Action: Conduct the Budget study session A. Budget Message/Overview of FY 2016-2017 Proposed Budget B. Review of Pass -through Revenues/Expenses C. Departmental Budgets: Council and Commissions Administration Law Enforcement Information Services Administrative Services Recreation and Community Services Planning and Community Development Public Works D. 5 Year Capital Improvement Program (CIP) E. Questions and Answers F. Public Comments G. Council Comments A - Organization Chart B - City _Officials and Commissions and Committees Directory C - Budget Message D - Budget Guide E - Financial Policies and Schedules F - Council and Commissions F1 - Community Funding apps for 2016-17 G - Administration H - Law Enforcement I - Information Services J - Administrative Services K - Recreation and Community Services L - Planning and Community Development M - Public Works N - Non Departmental O - Capital Improvements ADJOURNMENT REGULAR MEETING PLEDGE OF ALLEGIANCE - 6:45 PM ROLL CALL CEREMONIAL MATTERS AND PRESENTATIONS CITY OF CUPERTINO Page 2 City Council AGENDA May 17, 2016 1. Subject: Proclamation for 6th Annual Kids to Parks Day - May 21, 2016 Recommended Action: Present proclamation 2. Subject: Proclamation recognizing May 13-20 as Santa Clara County Affordable Housing Week Recommended Action: Present proclamation 3. Subject: 2016 Public Works Week Proclamation Recommended Action: Present Proclamation 4. Subject: Presentation by Cupertino Union School District (CUSD) and Fremont Union High School District (FUHSD) students regarding recent trip to Hsinchu, Taiwan Recommended Action: Receive presentation 5. Subject: Presentation by Cupertino Copertino Sister City Committee regarding recent trip to Copertino, Italy Recommended Action: Receive presentation 6. Subject: Teen Commission annual update Recommended Action: Receive update 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. 7. Subject: Approve the May 3 City Council minutes Recommended Action: Approve the minutes A - Draft Minutes 8. Subject: Letter of Intent establishing a friendship city in Jinjiang District, Chengdu, Sichuan Province, People's Republic of China CITY OF CUPERTINO Page 3 City Council AGENDA May 17, 2016 Recommended Action: Authorize the Mayor to execute a Letter of Intent establishing a friendship city relationship with Jinjiang District, Chengdu, Sichuan Province, People's Republic of China. Staff Report A - Letter of Intent 9. Subject: Set the voluntary cap at $33,000 for campaign expenditures for the November 8, 2016 City Council election Recommended Action: Adopt Resolution No. 16-046 setting a voluntary expenditure cap of $33,000 for the November 8, 2016 City Council election Staff Report A - Draft Resolution 10. Subject: Accept the Other Post -Employment Benefits ("OPEB") Trust Investment Policy Recommended Action: Adopt Resolution No. 16-047 accepting the OPEB Trust Investment Policy Staff Report A - Draft Resolution B - OPEB Trust Investment Policy MARKED C - OPEB Trust Investment Policy Final 11. Subject: Accept the City Investment Policy Recommended Action: Adopt Resolution No. 16-048 accepting the City Investment Policy Staff Report A - Draft Resolution B - City of Cupertino Investment Policy 12. Subject: Open Space Area Agreement between the City and the Cupertino Union School District - Six Month Extension Recommended Action: Approve a six (6) month extension to the Open Space Area Agreement between the City of Cupertino and the Cupertino Union School District, subject to the same provisions as the original amended agreement, and authorize the City Manager to negotiate and execute all necessary documents to carry out the extension Staff Report A - Existing Open Space Area Agreement between City and CUSD 13. Subject: Application for Alcoholic Beverage License for Arirang Tofu & BBQ, 10310 South De Anza Boulevard CITY OF CUPERTINO Page 4 City Council AGENDA May 17, 2016 Recommended Action: Recommend approval to the California Department of Alcoholic Beverage Control of the Application for Alcoholic Beverage License for Arirang Tofu & BBQ, 10310 South De Anza Boulevard Staff Report A - Application 14. Subject: Application for Alcoholic Beverage License for Kobe Pho & Grill, 21271 Stevens Creek Boulevard Recommended Action: Recommend approval to the California Department of Alcoholic Beverage Control of the Application for Alcoholic Beverage License for Kobe Pho & Grill, 21271 Stevens Creek Boulevard Staff Report A - Application 15. Subject: Application for Alcoholic Beverage License for Alexander's Steakhouse, Inc., 19379 Stevens Creek Boulevard Recommended Action: Recommend approval to the California Department of Alcoholic Beverage Control of the Application for Alcoholic Beverage License for Alexander's Steakhouse, Inc., 19379 Stevens Creek Boulevard Staff Report A - Application 16. Subject: 2011 Contractual Street Sweeping Contract (Project No. 2011-02) - 5 year Extension Recommended Action: In 2011 the City of Cupertino solicited competitive bidding for contractors to provide street sweeping services throughout the City. Four bids were received and Contract Street. Sweeping was considered to be the lowest responsive bidder. At the City Council meeting of June 7, 2011, the contract was authorized for award and Contract Street Sweeping began providing service to the City on July 1, 2011. The term of this agreement was five years with the option to extend for an additional five years Staff Report A - April 25, 2016 Transmittal to Contract Street Sweeping Inc. B - Contract with Contract Street Sweeping, Inc. date June 13 2012 17. Subject: Authorize Allocation of Transportation Development Act (TDA) Article 3 funding in response to a Call for Projects for the City's "Guarantee" share of the TDA Article 3 Fiscal Year 2016-2017 Program. Recommended Action: Adopt Resolution No. 16-049, authorizing allocation of TDA Article 3 funding. Staff Report A - Draft Resolution CITY OF CUPERTINO Page 5 City Council AGENDA May 17, 2016 SECOND READING OF ORDINANCES PUBLIC HEARINGS 18. Subject: Amended Fiscal Year 2016-17 Fee Schedule Recommended Action: Adopt Resolution No. 16-050 amending the Fiscal Year 2016-17 Fee Schedule (Resolution No. 16-031), effective August 1, 2016. Staff Report A - Resolution B - Proposed Amendment to Schedule C - Planning; Fees (redlined) 19. Subject: Appeal of the City Manager's April 4, 2016 decision to deny an appeal of a Director's penalty fee assessment for damage to a protected street tree (Section 14.12.080(C)); Appellant: Li-erh Wang; Location: 10779 Brookwell Drive; APN #369-21-013 Recommended Action: Adopt Resolution No. 16-051 denying the appeal and upholding the City Manager's April 4, 2017 decision to deny an appeal of a director's penalty fee assessment for damage done to a protected street tree Staff Report A - Draft Resolution B - City of Cupertino Standard Detail 6-4 C - March 11, 2015 - GIS Database Notes D - March 12, 2015 - Comcate case 924474 E - Photos F - February 9 2016 - Director of Public Works Penalty Assessment G - February 22 2016 Appeal of Penalty Fee Assessment H-- Cijy Manager Appeal Denial I - Appeal to City Manager Decision J - Notice of Public Hearing K - Chapter 14.12 Trees & Removal Fee Schedule ORDINANCES AND ACTION ITEMS 20. Subject: Regional approach to County Recommended Action: Provide efforts to increase the minimum wage, Staff Memo A - Summary of Key Findings B - SCC Employer Survey REPORTS BY COUNCIL AND STAFF increasing the minimum wage in Santa Clara staff direction on next steps towards the regional CITY OF CUPERTINO Page 6 City Council AGENDA May 17, 2016 21. Subject: Report on Committee assignments and general comments Recommended Action: Report on Committee assignments and general comments ADJOURNMENT CITY OF CUPERTINO page 7 City Council AGENDA May 17, 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 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) 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 S'F/%-T- E OF CA L I F L, AN i. y L\11!`LCYEE QF 1�-, IT, S PL*:N'ILL _ � Tip.=�I''C�,y-;t�1��: _) CUPERTINO f j'y BOS'Fl-.D T H L3 BULLETIN AMENDED - /., T 3 1 'x AGENDA OF THE CITY COUNCIL Tuesday, May 3, 2016 Televised Regular Meeting (6:45 pm) Savita Vaidhyanathan Barry Chang MaGilbert Wong Darcy Paul Vice Mayor or Council Member Council Member Randolph Hom City Attorney David Brandt City Manager Staff —**- Staff — 0 Speaker's Podium Rod Sinks Council Member 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 rains.) 1 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.ora, 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, Community Hall Council Chamber Tuesday, May 3, 2016 6:45 PM AMENDED Amended on 4/28 to add and correct numbering of exhibits on Item #10 PLEDGE OF ALLEGIANCE ROLL CALL CEREMONIAL MATTERS AND PRESENTATIONS 1. Subject: Proclamation honoring Maya Varma, winner of the First Place Medal of Distinction in the 2016 Intel Science Talent Search competition Recommended Action: Present proclamation POSTPONEMENTS ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the council on any matter not on the agenda. Speakers are limited to three (3) minutes. In most cases, State law will prohibit the council from making any decisions with respect to a matter not listed on the agenda. CONSENT CALENDAR Unless there are separate discussions and/or actions requested by council, staff or a member of the public, it is requested that items under the Consent Calendar be acted on simultaneously. 2. Subject: Approve the April 19 City Council minutes Recommended Action: Approve the minutes A - Draft Minutes 3. Subject: Addition of the part-time staff classification of Park Ranger within the Recreation and Community Services Department. CITY OF CUPERTINO Page I City Council AGENDA May 3, 2016 Recommended Action: Adopt Resolution No. 16-037 authorizing the City Manager to add a new part-time staff classification of Park Ranger, which would operate in the Stevens Creek Corridor and be overseen by the Recreation and Community Services Department. Staff Report A - Park Ranfzer Job Description B - Draft Resolution C - Salary Survey Results 4. Subbiect: 2016/2017 City Council Work Program Recommended Action: Approve the 2016/2017 City Council Work Program Staff Report A - 2016-2017 Work Program 5. Subject: State Assembly Bill 2502 (Mullin & Chiu): Land Use - Zoning Regulations Recommended Action: Adopt a position of support on Assembly Bill 2502 (Mullin & Chiu): Land Use - Zoning Regulations and authorize the Mayor to send letters in support of this bill. Staff Report A - Fact Sheet 6. Subject: First Amendment to the Agreement for Countywide Household Hazardous Waste (HHW) Collection Program Recommended Action: Adopt Resolution No to execute the First Amendment to the Hazardous Waste Collection Program Staff Report A - Draft Resolution B - First Amendment to Countywide HHW Agreement 7. Subject: Authorization for Submittal of Programs and related authorizations Recommended Action: Adopt Resolution applications for CalRecycle's Payment Programs Staff Report A - Draft Resolution SECOND READING OF ORDINANCES . 16-041, authorizing the City Manager Agreement for Countywide Household Application for CalRecycle Payment No. 16-042, authorizing submittal of 8. Subject: Second reading of an ordinance amending sections of Chapter 3.23 of the Cupertino Municipal Code to align the public works bid invitation distribution and posting periods with the related California Public Contract Code requirements. CITY OF CUPERTINO Page 2 City Council AGENDA May 3, 2016 Recommended Action: Conduct the second reading and enact Ordinance No. 16-2143: "An ordinance of the City Council of the City of Cupertino amending the Cupertino Municipal Code sections 3.23.030, 3.23.040, 3.23.050, 3.23.120, of Chapter 3.23 of Title 3 regarding public bidding" Staff Report A - Draft Ordinance B - Redline Version of Draft Ordinance PUBLIC HEARINGS 9. Subject: Annual review of the City's Non -Point Source Control and Stormwater Management Program (flood control and creek pollution prevention) and approval to renew the collection of existing storm drain fees at no increase in rates for fiscal year 2016-2017 Recommended Action: Consider all objections or protests and adopt Resolution No. 16-043 for approval and renewal of the collection of existing storm drain fees at no increase in rates for fiscal year 2016-2017 Staff Report A - Draft Resolution including Engineer's Report ORDINANCES AND ACTION ITEMS 10. Subject: Proposed Initiative submitted by Ruby Elbogen, Reed Sparks, and William Hausman regarding the North De Anza Gateway (Cupertino Inn and Goodyear Tire sites) ("North De Anza Gateway Initiative") and preparation of. a 9212 Report. Recommended Action: Adopt Resolution No. 16-044 directing City staff to prepare a report on the effects of the North De Anza Gateway Initiative pursuant to Elections Code Section 9212 and appropriate $135,000.00 for such purpose. Staff Report A - Proposed Initiative B - Draft Resolution Ordering Preparation of an Elections Code Section 9 11. Subject: Consideration of an amendment to the deadlines the City Council established for ballot arguments and the City Attorney's impartial analysis for an initiative measure to appear on the ballot for the November 8, 2016 election, and amend City Council Resolution No. 16-029 to reflect the amended deadlines. Recommended Action: Adopt the Resolution No. 16-045 amending Resolution No. 16-029 to set the date of August 15, 2016 for primary ballot arguments and August 22, 2016 for rebuttal arguments and impartial analyses for all measures that the City Council places on the ballot for the November 2016 election in order to establish a uniform deadline for all measures that the City Council places on the ballot for the November 8, 2016 election. CITY OF CUPERTINO Page 3 City Council AGENDA May 3, 2016 Staff Report A - Draft Resolution REPORTS BY COUNCIL AND STAFF 12. Subject: Annual Report on the Pavement Management Program Recommended Action: Receive the report. No action is required. Staff Report A - MTC 2015 Regional Pavement Condition Summary Report B - Street -by -street listing of improvements to be completed by the 20161 C - Street -by -street listing of improvements completed by the FYI 5/16 Pa 13. Subject: Construction Project Updates Recommended Action: Receive Updates 14. Subject: Report on Committee assignments and general comments Recommended Action: Report on Committee assignments and general comments ADJOURNMENT CITY OF CUPERTINO Page d City Council AGENDA May 3, 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 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. C�L� ►] �i1► l�L1L�I,tl1�L�l�i�l��:[�LiI11►L�II� 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) Fire (Emergency) Fire (Non -Emergency ) Garbage Gas & Electricity Recreation & Community Services Police (Emergency) Police (Non -Emergency) Public Health Sanitary Sewers Water General Information and Comments (408) 777-CITY Santa Clara County Fire Dept. dispatch 911 Santa Clara County Fire Dept. (408) 378-4010 Recology South Bay (408) 725-4020 Pacific Gas & Electric (PG&E) 1-800-743-5000 Quinlan Community Center (408) 777-3120 Santa Clara County Sheriff dispatch 911 Santa Clara County Sheriff (408) 868-6600 Santa Clara County Public Health (408) 732-3720 Cupertino Sanitary District (408) 253-7071 San Jose Water (408) 279-7900 California Water (650) 917-0152 STATE OE CA L I F0, 7. " 1-L' k CUPERTINO COUT4*f*)(OFSA,1,i1'-.,-; EMPLOYEE OF 1 ci- CLO., MENT, STATE PL F THAT G�,-. PERJURY;- j -1 t (TIME) -y POSTED THE N0!*--L:--,- A Oil " BULLETIN BOA!"D AF CITY IIALL. 111/217.101, Di)X E AGENDA OF THE CITY COUNCIL Tuesday, May 3, 2016 Televised Regular Meeting (6:45 pm) Barry Chang Savita Vaidhyanat an May Gilbert Wong Darcy Paul Vice Mayor Council Member Council Member Randolph Hom City Attorney David Brandt City Manager Staff —4* 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 item 1 Staff reports and makes recommendation Applicant or Appellant makes Z1 presentation (up to 10 mins.) It Mayor invites members of the public to speak about the agenda item 1 Mayor closes the hearing 1 City Council votes on the agenda item Council members report any site visits or outside communications Council members ask questions Council members ask questions Speakers submit a Request to Speak card, and are allowed up to 3 minutes per individual. Council members may ask questions of speakers. A Council member makes a motion and obtains a second. The City Council then discusses the motion(s) and votes. PUBLIC HEARINGS The City Council is required by law to hold public hearings on certain matters prior to making its decision. Notice to interested parties is given by legal advertisement in the local newspaper of general circulation at least 10 calendar days preceding the hearing date. Applications requiring public hearings include change of zoning, variances, use permits, and tentative maps. COUNCIL MEETINGS The City Council regularly meets the first and third Tuesdays of each month. These meetings are held in the Council Chamber of the Cupertino Community Hall, 10350 Torre Avenue, at 6:45 p.m. Closed sessions, when needed, are normally held at 6:00 p.m. Closed sessions cover items such as personnel, litigation, or the sale , purchase, or lease of property. Actions taken in closed sessions are not final until acted upon in public session. Urgent business , holidays, or election days may trigger special or adjourned meetings. These meetings will be noticed beforehand. AGENDAS, MINUTES, AND PACKETS AVAILABLE ON THE WEB Agendas, minutes, and packets for current and prior City Council and Planning Commission meetings are available at www.cupertino.org, or you can purchase the items on CD. CITY COUNCIL DECISION IS FINAL Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City's decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's office for more information or go to www. httP://www.cupertino.org/index.aspx?page =125 for a reconsideration petition form. CITY OF CUPERTINO AGENDA C U P E RT I N O CITY COUNCIL 10350 Torre Avenue, Community Hall Council Chamber Tuesday, May 3, 2016 6:45 PM PLEDGE OF ALLEGIANCE ROLL CALL CEREMONIAL MATTERS AND PRESENTATIONS 1. Subject: Proclamation honoring Maya Varma, winner of the First Place Medal of Distinction in the 2016 Intel Science Talent Search competition Recommended Action: Present proclamation POSTPONEMENTS ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the council on any matter not on the agenda. Speakers are limited to three (3) minutes. In most cases, State law will prohibit the council from making any decisions with respect to a matter not listed on the agenda. CONSENT CALENDAR Unless there are separate discussions and/or actions requested by council, staff or a member of the public, it is requested that items under the Consent Calendar be acted on simultaneously. 2. Subject: Approve the April 19 City Council minutes Recommended Action: Approve the minutes A - Draft Minutes 3. Subject: Addition of the part-time staff classification of Park Ranger within the Recreation and Community Services Department. Recommended Action: Adopt Resolution No. 16-037 authorizing the City Manager to add a new part-time staff classification of Park Ranger, which would operate in the Stevens Creek Corridor and be overseen by the Recreation and Community Services Department. CITY OF CUPERTINO Page 1 City Council AGENDA May 3, 2016 Staff Report A - Park Ranger Job Description B - Draft Resolution C - Salary Survey Results 4. Subject: 2016/2017 City Council Work Program Recommended Action: Approve the 2016/2017 City Council Work Program Staff Report A - 2016-2017 Work Program 5. Subject: State Assembly Bill 2502 (Mullin & Chiu): Land Use - Zoning Regulations Recommended Action: Adopt a position of support on Assembly Bill 2502 (Mullin & Chiu): Land Use - Zoning Regulations and authorize the Mayor to send letters in support of this bill. Staff Report A - Fact Sheet 6. Subject: First Amendment to the Agreement for Countywide Household Hazardous Waste (HHW) Collection Program Recommended Action: Adopt Resolution No to execute the First Amendment to the Hazardous Waste Collection Program Staff Report A - Draft Resolution B - First Amendment to Countywide HHW Agreement 7. Subject: Authorization for Submittal of Programs and related authorizations Recommended Action: Adopt Resolution applications for CalRecycle's Payment Programs Staff Report A - Draft Resolution SECOND READING OF ORDINANCES . 16-041, authorizing the City Manager Agreement for Countywide Household Application for CalRecycle Payment No. 16-042, authorizing submittal of 8. Subject: Second reading of an ordinance amending sections of Chapter 3.23 of the Cupertino Municipal Code to align the public works bid invitation distribution and posting periods with the related California Public Contract Code requirements. Recommended Action: Conduct the second reading and enact Ordinance No. 16-2143: "An ordinance of the City Council of the City of Cupertino amending the Cupertino Municipal Code sections 3.23.030, 3.23.040, 3.23.050, 3.23.120, of Chapter 3.23 of Title 3 regarding public bidding" CITY OF CUPERTINO Page 2 City Council AGENDA May 3, 2016 Staff Report A - Draft Ordinance B - Redline Version of Draft Ordinance PUBLIC HEARINGS 9. Subject: Annual review of the City's Non -Point Source Control and Stormwater Management Program (flood control and creek pollution prevention) and approval to renew the collection of existing storm drain fees at no increase in rates for fiscal year 2016-2017 Recommended Action: Consider all objections or protests and adopt Resolution No. 16-043 for approval and renewal of the collection of existing storm drain fees at no increase in rates for fiscal year 2016-2017 Staff Report A - Draft Resolution includiniz Enizineer's Report ORDINANCES AND ACTION ITEMS 10. Subject: Proposed Initiative submitted by Ruby Elbogen, Reed Sparks, and William Hausman regarding the North De Anza Gateway (Cupertino Inn and Goodyear Tire sites) ("North De Anza Gateway Initiative") and preparation of a 9212 Report. Recommended Action: Adopt Resolution No. 16-044 directing City staff to prepare a report on the effects of the North De Anza Gateway Initiative pursuant to Elections Code Section 9212 and appropriate $135,000.00 for such purpose. Staff Report A - Draft Resolution 11. Subject: Consideration of an amendment to the deadlines the City Council established for ballot arguments and the City Attorney's impartial analysis for an initiative measure to appear on the ballot for the November 8, 2016 election, and amend City Council Resolution No. 16-029 to reflect the amended deadlines. Recommended Action: Adopt the Resolution No. 16-045 amending Resolution No. 16-029 to set the date of August 15, 2016 for primary ballot arguments and August 22, 2016 for rebuttal arguments and impartial analyses for all measures that the City Council places on the ballot for the November 2016 election in order to establish a uniform deadline for all measures that the City Council places on the ballot for the November 8, 2016 election. Staff Report A - Draft Resolution REPORTS BY COUNCIL AND STAFF CITY OF CUPERTINO Page 3 City Council AGENDA May 3, 2016 12. Subject: Annual Report on the Pavement Management Program Recommended Action: Receive the report. No action is required. Staff Report A - MTC 2015 Regional Pavement Condition Summary Report B - Street -by -street listing of improvements to be completed by the 20161 C - Street -by -street listingof f improvements completed by the FYI 5/16Pa 13. Subject: Construction Project Updates Recommended Action: Receive Updates 14. Subject: Report on Committee assignments and general comments Recommended Action: Report on Committee assignments and general comments /_��1i1�►1► il►1�Y CITY OF CUPERTINO Page 4 City Council AGENDA May 3, 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 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) Fire (Emergency) Fire (Non -Emergency ) Garbage Gas & Electricity Recreation & Community Services Police (Emergency) Police (Non -Emergency) Public Health Sanitary Sewers Water General Information and Comments (408) 777-CITY Santa Clara County Fire Dept. dispatch 911 Santa Clara County Fire Dept. (408) 378-4010 Recology South Bay (408) 725-4020 Pacific Gas & Electric (PG&E) 1-800-743-5000 Quinlan Community Center (408) 777-3120 Santa Clara County Sheriff dispatch 911 Santa Clara County Sheriff (408) 868-6600 Santa Clara County Public Health (408) 732-3720 Cupertino Sanitary District (408) 253-7071 San Jose Water (408) 279-7900 California Water (650) 917-0152 STATE OF CALIFO P,NIA )SS. A C'f A 1,�Zk COUP4'rY OF SAIII K- i /-s 4-" AN L-*',,,jk1PL(JYEE OF OF D E PA P,[ - S F ' -,VFE FEL',4'ALLY G F 1121 P)*!--" I' 7JRY T KNT 0 N D I-': C E) 00 PM f CUPERTINO pfc; ST 1_., D 'i'l it E i, N 0 -f S 1,JLLITIN B0,,%1-,,1D Ar CTfy fly'I'LL. AMENDE15 fl- 7A, AGENDA OF THE CITY COUNCIL Tuesday, April 19, 2016 Non -televised Closed Session (6:00 pm) Televised Regular Meeting (6:45 pm) Barry Chang Savita Valchyanathan Mayor Gilbert Wong I Darcy Paul Vice Mayor Council Member Rod Sinks Council Member Council Member Randolph Hom Mk Grace Schmidt City Attorney Ift Am r1; David Brandt 611111111, CI k City Manager Staff Staff — N 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 1 Mayor closes the hearing 1 City Council votes on the agenda item Council members report any site visits or outside communications Council members ask questions Council members ask questions Speakers submit a Request to Speak card, and are allowed up to 3 minutes per individual. Council members may ask questions of speakers. A Council member makes a motion and obtains a second. The City Council then discusses the motion(s) and votes. PUBLIC HEARINGS The City Council is required by law to hold public hearings on certain matters prior to making its decision. Notice to interested parties is given by legal advertisement in the local newspaper of general circulation at least 10 calendar days preceding the hearing date. Applications requiring public hearings include change of zoning, variances, use permits, and tentative maps. COUNCIL MEETINGS The City Council regularly meets the first and third Tuesdays of each month. These meetings are held in the Council Chamber of the Cupertino Community Hall, 10350 Torre Avenue, at 6:45 p.m. Closed sessions, when needed, are normally held at 6:00 p.m. Closed sessions cover items such as personnel, litigation, or the sale , purchase, or lease of property. Actions taken in closed sessions are not final until acted upon in public session. Urgent business , holidays, or election days may trigger special or adjourned meetings. These meetings will be noticed beforehand. AGENDAS, MINUTES, AND PACKETS AVAILABLE ON THE WEB Agendas, minutes, and packets for current and prior City Council and Planning Commission meetings are available at www.cupertino.org, or you can purchase the items on CD. CITY COUNCIL DECISION IS FINAL Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City's decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's office for more information or go to www. http://www.cupertino.org/index.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, April 19, 2016 6:00 PM AMENDED Non -televised Closed Session (6:00) Followed by Televised Regular Meeting (6:45) Amended at 3:15 PM on April 15, 2016 to correct Closed Session start time from 4:30 PM to 6:00 PM Amended at 2:00 PM on April 15, 2016 to add Closed Session Item No. la. CLOSED SESSION - 6:00 PM City Hall Conference Room A, 10300 Torre Avenue Ia. Subject: Conference with Legal Counsel - Anticipated Litigation: Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Government Code Section 54956.9 (one case.) PLEDGE OF ALLEGIANCE - 6:45 PM Community Hall Council Chamber, 10350 Torre Avenue ROLL CALL CEREMONIAL MATTERS AND PRESENTATIONS 1. Subject: Recognize Cupertino's Green Businesses for their contribution to the health of our shared environment Recommended Action: Present proclamations 2. Subject: Recognize student artists participating in the Citywide "Energized by Art" utility box art pilot project Recommended Action: Present proclamations 3. Subject: 2016 Arbor Day Proclamation Recommended Action: Present proclamation Staff Report POSTPONEMENTS CITY OF CUPERTINO Page I City Council AGENDA April 19, 2016 ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the council on any matter not on the agenda. Speakers are limited to three (3) minutes. In most cases, State law will prohibit the council from making any decisions with respect to a matter not listed on the agenda. CONSENT CALENDAR Unless there are separate discussions and/or actions requested by council, staff or a member of the public, it is requested that items under the Consent Calendar be acted on simultaneously. 4. Subject: Approve the March 31 City Council minutes Recommended Action: Approve the minutes A - Draft Minutes 5. Subject: Approve the April 5 City Council minutes Recommended Action: Approve the minutes A - Draft Minutes 6. Subject: Approve the April 5 City Council minutes (9:00 p.m. Special Meeting) Recommended Action: Approve the minutes A - Draft Minutes 7. Subject: Accept Accounts Payable for the period ending March 4, 2016 Recommended Action: Adopt Resolution No. 16-033 accepting Accounts Payable for the period ending March 4, 2016 A - Draft Resolution B - AP Report 8. Subject: Accept Accounts Payable for the period ending March 11, 2016 Recommended Action: Adopt Resolution No. 16-034 accepting Accounts Payable for the period ending March 11, 2016 A - Draft Resolution B - AP Report 9. Subject: Accept Accounts Payable for the period ending March 18, 2016 Recommended Action: Adopt Resolution No. 16-035 accepting Accounts Payable for the period ending March 18, 2016 A - Draft Resolution B - AP Report CITY OF CUPERTINO Page 2 City Council AGENDA April 19, 2016 10. Subject: Accept Accounts Payable for the period ending March 25, 2016 Recommended Action: Adopt Resolution No. 16-036 accepting Accounts Payable for the period ending March 25, 2016 A - Draft Resolution B - AP Report 11. Subject: Recommended Position on State Assembly Bill 1928 (Campos): Irrigation Standards to Save Our Drinking Water Act Recommended Action: Adopt a position of support on Assembly Bill 1928 and authorize sending a letter of support to Assembly Member Nora Campos and our state delegation Staff Report A - Letter of Support B - Bill Language 12. Subject: Addition of the part-time staff classification of Park Ranger within the Recreation and Community Services Department Recommended Action: Adopt Resolution No. 16-037 authorizing the City Manager to add a new part-time staff classification of Park Ranger which would operate in the Stevens Creek Corridor and be overseen by the Recreation and Community Services Department Staff Report A - Park Ranger Job Description B - Draft Resolution 13. Subject: Proposed Planning Commission Work Program additions and revisions for Fiscal Year 2016-2017 Recommended Action: Accept proposed Planning Commission Work Program additions and revisions for Fiscal Year 2016-2017 Staff Report 14. Subject: Polling for Potential Transportation Sales Tax Measure Recommended Action: Receive information regarding the questions polled and the results of polling completed by the Silicon Valley Leadership Group in March 2016 Staff Report SECOND READING OF ORDINANCES PUBLIC HEARINGS IS. Subject: 2016-17 Community Development Block Grant (CDBG) Program Annual Action Plan and 2016-17 Grant Funding Allocations CITY OF CUPERTINO Page 3 City Council AGENDA April 19, 2016 Recommended Action: Conduct Public Hearing: and 1. Adopt Draft Resolution No. 16-038 approving the 2016-17 CDBG Annual Action Plan and; 2. Adopt Draft Resolution No. 16-039 approving the 2016-17 CDBG, General Fund Human Service Grants (HSG) Program and Below Market -Rate (BMR) Affordable Housing Fund (AHF) funding allocations Staff Report Attachment A - Draft Resolution No. 16- Annual Action Plan Attachment B - Draft Resolution No. 16- Grant Allocations Attachment C - CDBG Annual Action Plan Attachment D - Grant Application Summary Attachment E - Grant Application Descriptions Attachment F - HSG Grant Contract Attachment G - BMR AHF Grant Contract Attachment H - CDBG Grant Contract Attachment I - MidPen Pro Forma 16. Subject: Appeal of a Planning Commission decision to deny an appeal of a Director's approval of a Two -Story Permit (R-2015-08) to allow the construction of a new 5,140-square-foot single-family residence and a Minor Permit (RM-2015-08) to allow a second story balcony on the ne (Application No. R-2015-08 and RM-2015-08; Applicant: WEC (Kingkay Capital, LLC); Appellant: Jan Kucera Jr., and Matthew R. M.D. Miller; Location: 21900 Oakview Lane; APN: 326-19-105) Recommended Action: Adopt Resolution No. 16-040 to deny the appeal the Planning Commission's decision per PC Resolution No(s). 6798 and 6799 Staff Report A - Draft Resolution 16- B - Plan Set C - Appeal Filed by Jan Kucera Jr. D - Appeal Filed by Matthew R. Miller and Angela M.D. Miller E - Comment Letters F - Resolution No. 6798 G - Resolution No. 6799 H - Planning Cominission Staff Report, 2-23-16 1- Planning Commission Meeting Minutes. 2-23-16 J - Original Appeal of Director's Decision filed by Matthew R. Miller and K - Two -Story and Minor Residential Permits Action Letter, 1-8-16 Residential w residence. & Assoc. and Angela and uphold ORDINANCES AND ACTION ITEMS 17. Subject: An ordinance amending sections of Chapter 3.23 of the Cupertino CITY OF CUPERTINO Page 4 City Council AGENDA April 19, 2016 Municipal Code to align the public works bid invitation distribution and posting periods with the related California Public Contract Code requirements Recommended Action: Conduct the first reading of Ordinance No. 16-2143: "An Ordinance of the City Council of the City of Cupertino Amending the Cupertino Municipal Code Sections 3.23.030, 3.23.040, 3.23.050, 3.23.120, of Chapter 3.23 of Title 3 Regarding Public Bidding" Staff Report A - Draft Ordinance B - Redline version of Draft Ordinance 18. Subject: Consideration of the City Council Summer Meeting Schedule and cancellation of meeting(s). Recommended Action: Consider the City Council Summer Meeting Schedule and cancel meeting(s) or provide direction to staff. Staff Report REPORTS BY COUNCIL AND STAFF 19. Subject: Climate Action Plan Annual Progress Update Recommended Action: Receive presentation and review Progress Report Staff Report Attachment A - Progress Report 20. Subject: Conceptual Study for Route 85 Corridor Mass Transit Alternatives Recommended Action: Receive presentation on Route 85 Corridor Mass Transit Alternatives Study Staff Report 21. 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 April 19, 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 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. 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, orfill 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 STATE OF CALIFORNIA ) ) SS. COUNTY OF SANTA CLARA ) I, k, ,a 4 S dl " Q-r-z:i -i , AN EMPLOYEE OF THE CITY OF CUPERTINO C_lc J(e DEPART MENT, STATE UNDER PENA TY OF PERJURY THAT ON (DATE) _ CUPERTINO (TIME) '��'''r� ��"� I Pt=,I�.SU��ALLY POSTED THE NOTICE`,,ON TTIL AMENDEBULLETIN BOARD \ AT CITY HALL. C"i]Ir f AGENDA OF THE CITY COUNCIL Tuesday, April 19, 2016 Non -televised Closed Session (6:00 pm) Televised Regular Meeting (6:45 pm) Barry Chang Savita Vaidhyanathan Mayor Gilbert Wong Darcy Paul Vice Mayor Council Member Rod Sinks Council Member \ / Council Member Randolph Hom City Attorney / Grace Schmidt David Brandt all imp City Manager' Staff Staff —, Speaker's Podium mom•/ City Clerk ,— Staff ,— Staff b COMMUNITY HALL COUNCIL CHAMBER 10350 TORRE AVENUE • CUPERTINO, CA 95014 TELEPHONE: (408) 777-3220 (CITY HALL) WEBSITE: www.cupertino.org CONDUCT OF BUSINESS The Mayor is the presiding officer of the City Council. Any member of the public may speak on any item on the agenda for up to three minutes. All statements and questions must be addressed to the Mayor. City Council hearings serve as a venue for the discussion of sometimes divergent points of view. Please respect the opinions of others and refrain from outward expressions of emotions such as cheering or clapping. Such behavior delays the meeting and may intimidate other persons wishing to express alternate views. Loud, unruly outbursts will result in removal from the meeting. The proceedings of the meeting are recorded on audiotape and videotape; therefore, members of the audience who address the City Council must come to the lectern/microphone, and are requested to complete a Speaker Card and identify themselves. FLOWCHART FOR AGENDA ITEMS: Mayor introduces agenda item 1 Staff reports and makes �J 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.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, April 19, 2016 6:00 PM AMENDED Non -televised Closed Session (6:00) Followed by Televised Regular Meeting (6:45) Amended at 2:00 PM on April 15, 2016 to add Closed Session Item No. Ia. CLOSED SESSION - 4:30 PM City Hall Conference Room A,10300 Torre Avenue Ia. Subject: Conference with Legal Counsel - Anticipated Litigation: Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Government Code Section 54956.9 (one case.) PLEDGE OF ALLEGIANCE - 6:45 PM Community Hall Council Chamber, 10350 Torre Avenue ROLL CALL CEREMONIAL MATTERS AND PRESENTATIONS 1. Subject: Recognize Cupertino's Green Businesses for their contribution to the health of our shared environment Recommended Action: Present proclamations 2. Subject: Recognize student artists participating in the Citywide "Energized by Art" utility box art pilot project Recommended Action: Present proclamations 3. Subject: 2016 Arbor Day Proclamation Recommended Action: Present proclamation Staff Report POSTPONEMENTS ORAL COMMUNICATIONS CITY OF CUPERTINO Page I City Council AGENDA April 19, 2016 This portion of the meeting is reserved for persons wishing to address the council on any matter not on the agenda. Speakers are limited to three (3) minutes. In most cases, State law will prohibit the council from making any decisions with respect to a matter not listed on the agenda. CONSENT CALENDAR Unless there are separate discussions and/or actions requested by council, staff or a member of the public, it is requested that items under the Consent Calendar be acted on simultaneously. 4. Subject: Approve the March 31 City Council minutes Recommended Action: Approve the minutes A - Draft Minutes 5. Subject: Approve the April 5 City Council minutes Recommended Action: Approve the minutes A - Draft Minutes 6. Subject: Approve the April 5 City Council minutes (9:00 p.m. Special Meeting) Recommended Action: Approve the minutes A - Draft Minutes 7. Subject: Accept Accounts Payable for the period ending March 4, 2016 Recommended Action: Adopt Resolution No. 16-033 accepting Accounts Payable for the period ending March 4, 2016 A - Draft Resolution B - AP Report 8. Subject: Accept Accounts Payable for the period ending March 11, 2016 Recommended Action: Adopt Resolution No. 16-034 accepting Accounts Payable for the period ending March 11, 2016 A - Draft Resolution B - AP Report 9. Subject: Accept Accounts Payable for the period ending March 18, 2016 Recommended Action: Adopt Resolution No. 16-035 accepting Accounts Payable for the period ending March 18, 2016 A - Draft Resolution B - AP Report 10. Subject: Accept Accounts Payable for the period ending March 25, 2016 CITY OF CUPERTINO Page 2 City Council AGENDA April 19, 2016 Recommended Action: Adopt Resolution No. 16-036 accepting Accounts Payable for the period ending March 25, 2016 A - Draft Resolution B - AP Report 11. Subject: Recommended Position on State Assembly Bill 1928 (Campos): Irrigation Standards to Save Our Drinking Water Act Recommended Action: Adopt a position of support on Assembly Bill 1928 and authorize sending a letter of support to Assembly Member Nora Campos and our state delegation Staff Report A - Letter of Support B - Bill Language 12. Subject: Addition of the part-time staff classification of Park Ranger within the Recreation and Community Services Department Recommended Action: Adopt Resolution No. 16-037 authorizing the City Manager to add a new part-time staff classification of Park Ranger which would operate in the Stevens Creek Corridor and be overseen by the Recreation and Community Services Department Staff Report A - Park Ranger Job Description B - Draft Resolution 13. Subject: Proposed Planning Commission Work Program additions and revisions for Fiscal Year 2016-2017 Recommended Action: Accept proposed Planning Commission Work Program additions and revisions for Fiscal Year 2016-2017 Staff Report 14. Subject: Polling for Potential Transportation Sales Tax Measure Recommended Action: Receive information regarding the questions polled and the results of polling completed by the Silicon Valley Leadership Group in March 2016 Staff Report SECOND READING OF ORDINANCES PUBLIC HEARINGS 15. Subject: 2016-17 Community Development Block Grant (CDBG) Program Annual Action Plan and 2016-17 Grant Funding Allocations CITY OF CUPERTINO Page 3 City Council AGENDA April 19, 2016 Recommended Action: Conduct Public Hearing: and 1. Adopt Draft Resolution No. 16-038 approving the 2016-17 CDBG Annual Action Plan and; 2. Adopt Draft Resolution No. 16-039 approving the 2016-17 CDBG, General Fund Human Service Grants (HSG) Program and Below Market -Rate (BMR) Affordable Housing Fund (AHF) funding allocations Staff Report Attachment A - Draft Resolution No. 16- Annual Action Plan Attachment B - Draft Resolution No. 16- Grant Allocations Attachment C - CDBG Annual Action Plan Attachment D - Grant Application Sumrnga Attachment E - Grant Application Descriptions Attachment F - HSG Grant Contract Attachment G - BMR AHF Grant Contract Attachment H - CDBG Grant Contract Attachment I - MidPen Pro Forma 16. Subject: Appeal of a Planning Commission decision to deny an appeal of a Director's approval of a Two -Story Permit (R-2015-08) to allow the construction of a new 5,140-square-foot single-family residence and a Minor Residential Permit (RM-2015-08) to allow a second story balcony on the new residence. (Application No. R-2015-08 and RM-2015-08; Applicant: WEC & Assoc. (Kingkay Capital, LLC); Appellant: Jan Kucera Jr., and Matthew R. and Angela M.D. Miller; Location: 21900 Oakview Lane; APN: 326-19-105) Recommended Action: Adopt Resolution No. 16-040 to deny the appeal and uphold the Planning Commission's decision per PC Resolution No(s). 6798 and 6799 Staff Report A - Draft Resolution 16- B - Plan Set C - Appeal Filed by Jan Kucera Jr. D - Appeal Filed by Matthew R. Miller and Angela M.D. Miller E - Comment Letters F - Resolution No. 6798 G - Resolution No. 6799 H - Planning Commission Staff Report, 2-23-16 1- Planning Commission Meeting Minutes, 2-23-16 J - Original Appeal of Director's Decision filed by Matthew R. Miller and K - Two -Story and Minor Residential Permits Action Letter, 1-8-16 ORDINANCES AND ACTION ITEMS 17. Subject: An ordinance amending sections of Chapter 3.23 of the Cupertino CITY OF CUPERTINO Page 4 City Council AGENDA April 19, 2016 Municipal Code to align the public works bid invitation distribution and posting periods with the related California Public Contract Code requirements Recommended Action: Conduct the first reading of Ordinance No. 16-2143: "An Ordinance of the City Council of the City of Cupertino Amending the Cupertino Municipal Code Sections 3.23.030, 3.23.040, 3.23.050, 3.23.120, of Chapter 3.23 of Title 3 Regarding Public Bidding" Staff Report A - Draft Ordinance B - Redline version of Draft Ordinance 18. Subject: Consideration of the City Council Summer Meeting Schedule and cancellation of meeting(s). Recommended Action: Consider the City Council Summer Meeting Schedule and cancel meeting(s) or provide direction to staff. Staff Report REPORTS BY COUNCIL AND STAFF 19. Subject: Climate Action Plan Annual Progress Update Recommended Action: Receive presentation and review Progress Report Staff Report —Attachment -A = P ress Report 20. Subject: Conceptual Study for Route 85 Corridor Mass Transit Alternatives Recommended Action: Receive presentation on Route 85 Corridor Mass Transit Alternatives Study Staff Report 21. 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 April 19, 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 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. 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 OP CALK Qr T.k ✓S. C-U LINTY 0 F N S 1, t-1, Ok - ENO E .,.,I PLOY E OE T N0 DER A R' F- t-%IENT, STATE PENALTY OF ) "FE) /3j)l PERJURY THAT ON (TIME) I P.- T POSTED THE NO tCL/AGETINTDA ON T'.l--,- CUPERTINO BULLETIN BOARD AT crry HALL. AGENDA OF THE CITY COUNCIL Tuesday, April 19, 2016 Televised Regular Meeting (6:45 p.m.) Barry Chang Savita Vaidhyanathan Mayor Gilbert Wong Darcy Paul Vice Mayor Council Member Rod Sinks Council Member Council Member Randolph Hom City Attorney do oft Am Grace Schmidt David Brandt 40 low City Manager Staff Staff — Speaker's Podium COMMUNITY HALL COUNCIL CHAMBER 10350 TORRE AVENUE - CUPERTINO, CA 95014 TELEPHONE: (408) 777-3220 (CITY HALL) WEBSITE: www.cupertino.org TURE City Clerk 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 J. Mayor closes the hearing It City Council votes on the agenda item Councilmembers 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.ora, 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, April 19, 2016 6:45 PM PLEDGE OF ALLEGIANCE ROLL CALL CEREMONIAL MATTERS AND PRESENTATIONS 1. Subject: Recognize Cupertino's Green Businesses for their contribution to the health of our shared environment Recommended Action: Present proclamations 2. Subject: Recognize student artists participating in the Citywide "Energized by Art" utility box art pilot project Recommended Action: Present proclamations 3. Subject: 2016 Arbor Day Proclamation Recommended Action: Present proclamation Staff Report POSTPONEMENTS ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the council on any matter not on the agenda. Speakers are limited to three (3) minutes. In most cases, State law will prohibit the council from making any decisions with respect to a matter not listed on the agenda. CONSENT CALENDAR Unless there are separate discussions and/or actions requested by council, staff or a member of the public, it is requested that items under the Consent Calendar be acted on simultaneously. 4. Subject: Approve the March 31 City Council minutes Recommended Action: Approve the minutes CITY OF CUPERTINO Page I City Council AGENDA April 19, 2016 A - Draft Minutes 5. Subject: Approve the April 5 City Council minutes Recommended Action: Approve the minutes A - Draft Minutes 6. Subject: Approve the April 5 City Council minutes (9:00 p.m. Special Meeting) Recommended Action: Approve the minutes A - Draft Minutes 7. Subject: Accept Accounts Payable for the period ending March 4, 2016 Recommended Action: Adopt Resolution No. 16-033 accepting for the period ending March 4, 2016 A - Draft Resolution B - AP Report 8. Subject: Accept Accounts Payable for the period ending March 11, 2016 Recommended Action: Adopt Resolution No. 16-034 accepting for the period ending March 11, 2016 A - Draft Resolution B - AP Report 9. Subject: Accept Accounts Payable for the period ending March 18, 2016 Recommended Action: Adopt Resolution No. 16-035 accepting for the period ending March 18, 2016 A - Draft Resolution B - AP Report 10. Subject: Accept Accounts Payable for the period ending March 25, 2016 Recommended Action: Adopt Resolution No. 16-036 accepting for the period ending March 25, 2016 A - Draft Resolution B - AP Report Accounts Payable Accounts Payable Accounts Payable Accounts Payable 11. Subject: Recommended Position on State Assembly Bill 1928 (Campos): Irrigation Standards to Save Our Drinking Water Act Recommended Action: Adopt a position of support on Assembly Bill 1928 and authorize sending a letter of support to Assembly Member Nora Campos and our state delegation Staff Report A - Letter of Suupport B - Bill Language 12. Subject: Addition of the part-time staff classification of Park Ranger within the CITY OF CUPERTINO Page 2 City Council AGENDA April 19, 2016 Recreation and Community Services Department Recommended Action: Adopt Resolution No. 16-037 authorizing the City Manager to add a new part-time staff classification of Park Ranger which would operate in the Stevens Creek Corridor and be overseen by the Recreation and Community Services Department Staff Report A - Park Ranger Job Description B - Draft Resolution 13. Subject: Proposed Planning Commission Work Program additions and revisions for Fiscal Year 2016-2017 Recommended Action: Accept proposed Planning Commission Work Program additions and revisions for Fiscal Year 2016-2017 Staff Report 14. Subject: Polling for Potential Transportation Sales Tax Measure Recommended Action: Receive information regarding the questions polled and the results of polling completed by the Silicon Valley Leadership Group in March 2016 Staff Report SECOND READING OF ORDINANCES PUBLIC HEARINGS 15. Subject: 2016-17 Comlunity Development Block Grant (CDBG) Program Annual Action Plan and 2016-17 Grant Funding Allocations Recommended Action: Conduct Public Hearing: and 1. Adopt Draft Resolution No. 16-038 approving the 2016-17 CDBG Annual Action Plan and; 2. Adopt Draft Resolution No. 16-039 approving the 2016-17 CDBG, General Fund Human Service Grants (HSG) Program and Below Market -Rate (BMR) Affordable Housing Fund (AHF) funding allocations Staff Report Attachment A - Draft Resolution No. 16- Annual Action Plan Attachment B - Draft Resolution No. 16- Grant Allocations Attachment C - CDBG Annual Action Plan Attachment D - Grant Application Summary_ Attachment E - Grant Application Descriptions Attachment F - HSG Grant Contract Attachment G - BMR AHF Grant Contract Attachment H - CDBG Grant Contract Attaclunent I - MidPen Pro Forma CITY OF CUPERTINO Page 3 City Council AGENDA April 19, 2016 16. Subject: Appeal of a Planning Commission decision to deny an appeal of a Director's approval of a Two -Story Permit (R-2015-08) to allow the construction of a new 5,140-square-foot single-family residence and a Minor Residential Permit (RM-2015-08) to allow a second story balcony on the new residence. (Application No. R-2015-08 and RM-2015-08; Applicant: WEC & Assoc. (Kingkay Capital, LLC); Appellant: Jan Kucera Jr., and Matthew R. and Angela M.D. Miller; Location: 21900 Oakview Lane; APN: 326-19-105) Recommended Action: Adopt Resolution No. 16-040 to deny the appeal and uphold the Planning Commission's decision per PC Resolution No(s). 6798 and 6799 Staff Report A - Draft Resolution 16- B - Plan Set C - Appeal Filed by Jan Kucera Jr. D - Appeal Filed by Matthew R. Miller and Angela M.D. Miller E - Comment Letters F - Resolution No. 6798 G - Resolution No. 6799 H - Planning Commission Staff Report, 2-23-16 I - Planning Commission Meeting Minutes, 2-23-16 J - Original Appeal of Director's Decision filed by Matthew R. Miller and K - Two -Story and Minor Residential Pen -nits Action Letter, 1-8-16 ORDINANCES AND ACTION ITEMS 17. Subject: An ordinance amending sections of Chapter 3.23 of the Cupertino Municipal Code to align the public works bid invitation distribution and posting periods with the related California Public Contract Code requirements Recommended Action: Conduct the first reading of Ordinance No. 16-2143: "An Ordinance of the City Council of the City of Cupertino Amending the Cupertino Municipal Code Sections 3.23.030, 3.23.040, 3.23.050, 3.23.120, of Chapter 3.23 of Title 3 Regarding Public Bidding" Staff Report A - Draft Ordinance B - Redline version of Draft Ordinance 18. Subject: Consideration of the City Council Summer Meeting Schedule and cancellation of meeting(s). Recommended Action: Consider the City Council Summer Meeting Schedule and cancel meeting(s) or provide direction to staff. Staff Report REPORTS BY COUNCIL AND STAFF CITY OF CUPERTINO Page 4 City Council AGENDA April 19, 2016 19. Subject: Climate Action Plan Annual Progress Update Recommended Action: Receive presentation and review Progress Report Staff Report Attachment A - Pro ress Report 20. Subject: Conceptual Study for Route 85 Corridor Mass Transit Alternatives Recommended Action: Receive presentation on Route 85 Corridor Mass Transit Alternatives Study Staff Report 21. Subject: Report on Committee assignments and general comments Recommended Action: Report on Committee assignments and general comments ADJOURNMENT CITYOF CUPERTINO Page 5 City Council AGENDA April 19, 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 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. 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 CITY OF CUPERTINO AGENDA CUPERTINO CITY COUNCIL 10350 Torre Avenue, Council Chamber Tuesday, April 5, 2016 9:00 PM Televised Special Meeting (9:00 p.m. or immediately following the regular meeting) NOTICE AND CALL FOR A SPECIAL MEETING OF THE CUPERTINO CITY COUNCIL NOTICE IS HEREBY GIVEN that a special meeting of the Cupertino City Council is hereby called for Tuesday, April 05, 2016, commencing at 9:00 p.m. or immediately following the regular meeting 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 ORDINANCES AND ACTION ITEMS 1. Subject: Consideration of an amendment to Cupertino Citizens' Sensible Growth Initiative (CCSGI) ballot question to clarify the nature of the Initiative, including that it will "increase" heights in the Neighborhoods, and amend City Council Resolution Nos. 16-028 and 16-029 to reflect the amended ballot question Recommended Action: Adopt Resolution No. 16-032 amending City Council Resolution Nos. 16-028 and 16-029 to reflect the amended ballot question A -Draft Resolution (Redline) STATE OF CALIF( _ B -Draft Resolution (Clean) ) SS. "I1COUNTY OF SAN''� CLARA ) 1, t _ _.[.lAl , .�o!A I _, AN ADJOURNMENT EMPLOYEE OF THIE "II-Y OF CUP ER T INO �)� DEPA i4T- M ENT, STATE 'Ur 11t r.—R PENALTY OF PERJURY THAT ON tDIVCE) (TIME) *Z I PEi6 -,S0N..LLY POSTED T E NOTICE/AGENDA ON THE BULLETIN BOARD T CITY HALL. CITY OF CUPERTINO SIGNATURE City Council AGENDA April i, 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 2 STATE OF CALIFORNIA ) COUNTY OF SANT' CLARA I, t3 -roc, 4 � ) , AN E.MPI YEE OF THE CITY OF CUPERTINO _.. LILLA_� DEPART - TN F E t ,? PENA TY OF CUPERTINO POSTED THE 1''{.,..� ' +..�'sEI�TDA ON THE EQ.ILLETIN I30Z-x1 r�I' CITY IIALL. AMENDED i , i. , 1/�_ F AGENDA OF THE CITY COUNCIL Tuesday, April 5, 2016 Special Meeting Non -televised Closed Session (4:30 pm) and Televised Study Session (5:00) Televised Regular Meeting (6:45) Barry Chang Darcy Paul Savita Vaidhyanathan Mayor Gilbert Wong Rod Sinks Y Vice Mayor Council Member Council Member \ I / Council Member Randolph Hom City Attorney / Grace Schmidt David Brandt , wpm - City Manager Staff Staff —� '- �/ City Clerk Staff r - ,— Staff Speaker's Podium COMMUNITY HALL COUNCIL CHAMBER 10350 TORRE AVENUE • CUPERTINO, CA 95014 TELEPHONE: (408) 777-3220 (CITY HALL) WEBSITE: www.cupertino.org CONDUCT OF BUSINESS The Mayor is the presiding officer of the City Council. Any member of the public may speak on any item on the agenda for up to three minutes. All statements and questions must be addressed to the Mayor. City Council hearings serve as a venue for the discussion of sometimes divergent points of view. Please respect the opinions of others and refrain from outward expressions of emotions such as cheering or clapping. Such behavior delays the meeting and may intimidate other persons wishing to express alternate views. Loud, unruly outbursts will result in removal from the meeting. The proceedings of the meeting are recorded on audiotape and videotape; therefore, members of the audience who address the City Council must come to the lectern/microphone, and are requested to complete a Speaker Card and identify themselves. FLOWCHART FOR AGENDA ITEMS: Mayor introduces agenda item 1 Staff reports and makes recommendation 1 Applicant or Appellant makes presentation (up to 10 mins.) It Mayor invites members of the public to speak about the agenda item 1 Mayor closes the hearing 1 City Council votes on the agenda item Council members report any site visits or outside communications Council members ask questions Council members ask questions Speakers submit a Request to Speak card, and are allowed up to 3 minutes per individual. Council members may ask questions of speakers. A Council member makes a motion and obtains a second. The City Council then discusses the motion(s) and votes. PUBLIC HEARINGS The City Council is required by law to hold public hearings on certain matters prior to making its decision. Notice to interested parties is given by legal advertisement in the local newspaper of general circulation at least 10 calendar days preceding the hearing date. Applications requiring public hearings include change of zoning, variances, use permits, and tentative maps. COUNCIL MEETINGS The City Council regularly meets the first and third Tuesdays of each month. These meetings are held in the Council Chamber of the Cupertino Community Hall, 10350 Torre Avenue, at 6:45 p.m. Closed sessions, when needed, are normally held at 6:00 p.m. Closed sessions cover items such as personnel, litigation, or the sale , purchase, or lease of property. Actions taken in closed sessions are not final until acted upon in public session. Urgent business , holidays, or election days may trigger special or adjourned meetings. These meetings will be noticed beforehand. AGENDAS, MINUTES, AND PACKETS AVAILABLE ON THE WEB Agendas, minutes, and packets for current and prior City Council and Planning Commission meetings are available at www.cupertino.org, or you can purchase the items on CD. CITY COUNCIL DECISION IS FINAL Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City's decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's office for more information or go to www. http://www.cupertino.org/index.aspx?page =125 for a reconsideration petition form. CITY OF CUPERTINO AGENDA CUPERTINO CITY COUNCIL 10300 Torre Avenue and 10350 Torre Avenue Tuesday, April 5, 2016 4:30 PM AMENDED Special Meeting Non -televised Closed Session (4:30) and Televised Study Session (5:00); Followed by the Televised Regular Meeting (6:45) Amended at 4:00 PM on April 4, 2016 to add Special Meeting Closed Session Item No. 1 a. 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, April 05, 2016, commencing at 4:30 p.m. for a closed session in City Hall Conference Room A, 10300 Torre Avenue, Cupertino, California 95014 and at 5:00 p.m. for a study session 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." The regular meeting items will be heard at 6:45 p.m. in Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, California. SPECIAL MEETING ROLL CALL - 4:30 PM City Hall Conference Room A, 10300 Torre Avenue CLOSED SESSION Ia. Subject: Conference with Legal Counsel - Anticipated Litigation: Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Government Code Section 54956.9 1. Subject: Conference with legal counsel - Existing Litigation pursuant to Paragraph (1) of subdivision (d) of Gov't Code 54956.9; City of Cupertino v. Navistar, Inc. CITY OF CUPERTINO Page 1 City Council AGENDA April 5, 2016 STUDY SESSION - 5:00 PM Community Hall Council Chamber, 10350 Torre Avenue 2. Subject: Review the Stevens Creek Boulevard to McClellan Road Creek Corridor Master Plan (Stevens Creek Corridor Master Plan) Draft preferred alternative. Recommended Action: Review the draft preferred alternative for the Stevens Creek Corridor Master Plan and provide direction to staff regarding proceeding with environmental evaluation. Staff Report A Draft Preferred Alternative Site Plan B Draft Preferred Alternative Packet C Existim Conditions Site Map D Report & Concept BBF Golf Course Dec. 2015 E City Council Minutes., Feb 3, 2015 ADJOURNMENT REGULAR MEETING PLEDGE OF ALLEGIANCE - 6:45 PM Community Hall Council Chamber, 10350 Torre Avenue ROLL CALL CEREMONIAL MATTERS AND PRESENTATIONS 1. Subject: Present proclamation to the Asian American Parent Association (AAPA) Recommended Action: Present proclamation 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. CITY OF CUPERTINO Page 2 City Council AGENDA April 5, 2016 2. Subject: Approve the March 15 City Council minutes Recommended Action: Approve the minutes A - Draft Minutes 3. Subject: Affirm Nina Daruwalla as a community member and Sue Bose as the Business Representative on the Housing Commission in order to meet the Cupertino Municipal Code requirements. Recommended Action: Affirm Nina Daruwalla as a community member and Sue Bose as the Business Representative on the Housing Commission. Staff Report 4. Subject: Accept the City Financial Reports for Fiscal Year ending June 30, 2015 Recommended Action: Accept the City Financial Reports for Fiscal Year ending June 30, 2015 Staff Report A - Comprehensive Annual Financial Report FY 2014-15 B - Memorandum of Internal Control and Required Communications C - Independent Accountant's Report on Applying Agreed -Upon Procedui 5. Subject: Application for Alcoholic Beverage License for Hi Pot, 19066 Stevens Creek Boulevard Recommended Action: Recommend approval to the California Department of Alcoholic Beverage Control of the Application for Alcoholic Beverage License for Hi Pot, 19066 Stevens Creek Boulevard Staff Report A - Application 6. Subject: Application for Alcoholic Beverage License for Aya Japan House, 10789 South Blaney Avenue Recommended Action: Recommend approval to the California Department of Alcoholic Beverage Control of the Application for Alcoholic Beverage License for Aya Japan House, 10789 South Blaney Avenue Staff Report A - Application 7. Subject: Application for Alcoholic Beverage License for Panino Guisto, 19469 Stevens Creek Boulevard Recommended Action: Recommend approval to the California Department of Alcoholic Beverage Control of the Application for Alcoholic Beverage License for Panino Guisto, 19469 Stevens Creek Boulevard Staff Report A - Application CITY OF CUPERTINO Page 3 City Council AGENDA April 5, 2016 8. Subject: Application for Alcoholic Beverage South De Anza Boulevard Recommended Action: Recommend approval Alcoholic Beverage Control of the Application Crab Lover, 10275 South De Anza Boulevard Staff Report A - Application License for Crab Lover, 10275 to the California Department of for Alcoholic Beverage License for 9. Subject: Application for Alcoholic Beverage License for Cupertino Valero, 10002 North De Anza Boulevard Recommended Action: Recommend approval to the California Department of Alcoholic Beverage Control of the Application for Alcoholic Beverage License for Cupertino Valero, 10002 North De Anza Boulevard Staff Report A - Application SECOND READING OF ORDINANCES 10. Subject: Second Reading of a Municipal Code Amendment to repeal Chapter 14.15 of the Cupertino Municipal Code entitled "Landscaping Ordinance" and replace it with a new Chapter 14.15 entitled "Landscape Ordinance" in order to improve readability and to comply with state -mandated updates to the Model Water -Efficient Landscape Ordinance as directed by Governor Brown's Executive Order B-29-15; Application No.(s):MCA-2015-02; Applicant(s): City of Cupertino; Location: citywide Recommended Action: Conduct the second reading and enact Ordinance No. 16-2142, "An Ordinance of the City Council of the City of Cupertino to repeal Chapter 14.15 of the Cupertino Municipal Code entitled "Landscaping Ordinance" and replace it with a new Chapter 14.15 entitled "Landscape Ordinance" in order to improve readability and to comply with state -mandated updates to the Model Water -Efficient Landscape Ordinance" Staff Report A - Draft Ordinance No. 16-2142 B - Redline version of revisions to Draft Ordinance PUBLIC HEARINGS 11. Subject: Fiscal Year 2016-17 Fee Schedule (continued from March 15) Recommended Action: Adopt Resolution No. 16-031 approving the Fiscal Year 2016-17 Fee Schedule, effective July 1, 2016 CITY OF CUPERTINO Page 4 City Council AGENDA April 5, 2016 Staff Report A - Draft Resolution B - Cost Allocation Plan C - User Fee Study Final Report D - Proposed Changes Schedule A - General Fees E - Proposed Changes Schedule B - Engineering Fees F - Proposed Changes Schedule C - Planning Fees G - Proposed Changes Schedule D - Building Fees H - Proposed Changes Schedule E - Recreation Fees ORDINANCES AND ACTION ITEMS 12. Subject: Discuss procedure for handling Oral Communications at Council meetings Recommended Action: Discuss procedure for handling Oral Communications at Council meetings and take action as appropriate REPORTS BY COUNCIL AND STAFF 13. 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 April 5, 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 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. 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) 45:45 p.m. Fritiay (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.cupert!no.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/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) Fire (Emergency) Fire (Non -Emergency) Garbage Gas & Electricity Recreation & Community Services Police (Emergency) Police (Non -Emergency) Public Health Sanitary Sewers Water General Information and Comments (408) 777-CITY Santa Clara County Fire Dept. dispatch 911 Santa Clara County Fire Dept. (408) 378-4010 Recology South Bay (408) 725-4020 Pacific Gas & Electric (PG&E) 1-800-743-5000 Quinlan Community Center (408) 777-3120 Santa Clara County Sheriff dispatch 911 Santa Clara County Sheriff (408) 868-6600 Santa Clara County Public Health (408) 732-3720 Cupertino Sanitary District (408) 253-7071 San Jose Water (408)279-7900 California Water (650) 917-0152 CUPERTINO STATE OF CALIFORNIA COUNTY OF SANTA CLARA I, i< l KS Tom, <� Qv A-o2c-119 ) , AN EMPLOYEE OF TIE CITY OF CUPERTINO D EPA RT MENT, STATE UNDER PENALTY OF PERJURY THAT ON (D'- E) 3 30 l� (TIME) : o0 PM I PLRS0NAL.t_Y POSTED THE l� t: _�i �.=�G� �i CG*'r -I.i_E BULLETIN BOA D t%T CITY II,, 3/�° I c AGENDA OF THE CITY COUNCIL Tuesday, April 5, 2016 Special Meeting Non -televised Closed Session (4:30 pm) and Televised Study Session (5:00) Televised Regular Meeting (6:45) Barry Chang Savita Vaidhyanathan Mayor Gilbert Wong Darcy Paul Vice Mayor y Council Member Council Member \ / Randolph Hom \ City Attorney _ David Brandt City Manager Staff —, Staff —1r Speaker's Podium Rod Sinks Council Member 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 4-1 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 speciaf of 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, April 5, 2016 4:30 PM Special Meeting Non -televised Closed Session (4:30) and Televised Study Session (5:00); Followed by the 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, April 05, 2016, commencing at 4:30 p.m. for a closed session in City Hall Conference Room A, 10300 Torre Avenue, Cupertino, California 95014 and at 5:00 p.m. for a study session 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." The regular meeting items will be heard at 6:45 p.m. in Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, California. SPECIAL MEETING ROLL CALL - 4:30 PM City Hall Conference Room A, 10300 Torre Avenue CLOSED SESSION 1. Subject: Conference with legal counsel - Existing Litigation pursuant to Paragraph (1) of subdivision (d) of Gov't Code 54956.9; City of Cupertino v. Navistar, Inc. STUDY SESSION - 5:00 PM Community Hall Council Chamber, 10350 Torre Avenue 2. Subject: Review the Stevens Creek Boulevard to McClellan Road Creek Corridor Master Plan (Stevens Creek Corridor Master Plan) Draft preferred alternative. CITY OF CUPERTINO Page I City Council AGENDA April 5, 2016 Recommended Action: Review the draft preferred alternative for the Stevens Creek Corridor Master Plan and provide direction to staff regarding proceeding with environmental evaluation. Staff Report A Draft Preferred Alternative Site Plan B Draft Preferred Alternative Packet C Existing Conditions Site Man D Report & Concept, BBF Golf Course, Dec. 2015 E City Council Minutes., Feb 3, 2015 ADJOURNMENT REGULAR MEETING PLEDGE OF ALLEGIANCE - 6:45 PM Community Hall Council Chamber,10350 Torre Avenue ROLL CALL CEREMONIAL MATTERS AND PRESENTATIONS 1. Subject: Present proclamation to the Asian American Parent Association (AAPA) Recommended Action: Present proclamation POSTPONEMENTS ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the council on any matter not on the agenda. Speakers are limited to three (3) minutes. In most cases, State law will prohibit the council from making any decisions with respect to a matter not listed on the agenda. CONSENT CALENDAR Unless there are separate discussions and/or actions requested by council, staff or a member of the public, it is requested that items under the Consent Calendar be acted on simultaneously. 2. Subject: Approve the March 15 City Council minutes Recommended Action: Approve the minutes A - Draft Minutes 3. Subject: Affirm Nina Daruwalla as a community member and Sue Bose as the CITY OF CUPERTINO Page 2 City Council AGENDA April 5, 2016 Business Representative on the Housing Commission in order to meet the Cupertino Municipal Code requirements. Recommended Action: Affirm Nina Daruwalla as a community member and Sue Bose as the Business Representative on the Housing Commission. Staff Report 4. Subject: Accept the City Financial Reports for Fiscal Year ending June 30, 2015 Recommended Action: Accept the City Financial Reports for Fiscal Year ending June 30, 2015 Staff Report A - Comprehensive Annual Financial Report FY 2014-15 B - Memorandum of Internal Control and Required Communications C - Independent Accountant's Report on ApplyinAgreed-Upon Procedui 5. Subject: Application for Alcoholic Beverage License for Hi Pot, 19066 Stevens Creek Boulevard Recommended Action: Recommend approval to the California Department of Alcoholic Beverage Control of the Application for Alcoholic Beverage License for Hi Pot, 19066 Stevens Creek Boulevard Staff Report A - Application 6. Subject: Application for Alcoholic Beverage License for Aya Japan House, 10789 South Blaney Avenue Recommended Action: Recommend approval to the California Department of Alcoholic Beverage Control of the Application for Alcoholic Beverage License for Aya Japan House, 10789 South Blaney Avenue Staff Report A - Application 7. Subject: Application for Alcoholic Beverage License for Panino Guisto, 19469 Stevens Creek Boulevard Recommended Action: Recommend approval to the California Department of Alcoholic Beverage Control of the Application for Alcoholic Beverage License for Panino Guisto, 19469 Stevens Creek Boulevard Staff Report A - Application 8. Subject: Application for Alcoholic Beverage License for Crab Lover, 10275 South De Anza Boulevard Recommended Action: Recommend approval to the California Department of Alcoholic Beverage Control of the Application for Alcoholic Beverage License for Crab Lover, 10275 South De Anza Boulevard CITYOF CUPERTINO Page 3 City Council AGENDA April 5, 2016 Staff Report A - Application 9. Subject: Application for Alcoholic Beverage License for Cupertino Valero, 10002 North De Anza Boulevard Recommended Action: Recommend approval to the California Department of Alcoholic Beverage Control of the Application for Alcoholic Beverage License for Cupertino Valero, 10002 North De Anza Boulevard Staff Report A - Application SECOND READING OF ORDINANCES 10. Subject: Second Reading of a Municipal Code Amendment to repeal Chapter 14.15 of the Cupertino Municipal Code entitled "Landscaping Ordinance" and replace it with a new Chapter 14.15 entitled "Landscape Ordinance" in order to improve readability and to comply with state -mandated updates to the Model Water -Efficient Landscape Ordinance as directed by Governor Brown's Executive Order B-29-15; Application No.(s):MCA-2015-02; Applicant(s): City of Cupertino; Location: citywide Recommended Action: Conduct the second reading and enact Ordinance No. 16-2142, "An Ordinance of the City Council of the City of Cupertino to repeal Chapter 14.15 of the Cupertino Municipal Code entitled "Landscaping Ordinance" and replace it with a new Chapter 14.15 entitled "Landscape Ordinance" in order to improve readability and to comply with state -mandated updates to the Model Water -Efficient Landscape Ordinance" Staff Report A - Draft Ordinance No. 16-2142 B - Redline version of revisions to Draft Ordinance PUBLIC HEARINGS 11. Subject: Fiscal Year 2016-17 Fee Schedule (continued from March 15) Recommended Action: Adopt Resolution No. 16-031 approving the Fiscal Year 2016-17 Fee Schedule, effective July 1, 2016 CITY OF CUPERTINO Page 4 City Council AGENDA April 5, 2016 Staff Report A - Draft Resolution B - Cost Allocation Plan C - User Fee Study Final Report D - Proposed Changes Schedule A - General Fees E - Proposed Changes Schedule B - Engineering Fees F - Proposed Changes Schedule C - Planning Fees G - Proposed Changes Schedule D - Building Fees H - Proposed Changes Schedule E - Recreation Fees ORDINANCES AND ACTION ITEMS 12. Subject: Discuss procedure for handling Oral Communications at Council meetings Recommended Action: Discuss procedure for handling Oral Communications at Council meetings and take action as appropriate REPORTS BY COUNCIL AND STAFF 13. 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 April 5, 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 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 Counclil. 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. fla �»7telZko1IPi[a]Ll F-,XRALO 1.1 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. 7telel f;9i_114 "XiiLe]T 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 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-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) 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