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HomeMy WebLinkAboutCity Council - Mar 2016 - Jan 2016STATE OF CALIFO"IN A ) ) SS. COUNTY OF SAN_TiA C AP -A ) 4.- , AN E 11 LOYEL OF "i s � F Y C C CLj `_. P�r11N0 Qx'III ! 1Ei'A i- CUPERTINO I RY THXF C �r rJD Ii" AMENDkb_.7 E-FOrd AGENDA OF THE CIT1F'EOUNCIL Thursday, March 31, 2016 Televised Special Meeting (6:45) Savita Vaidhyanathan Barry Chang Ma Gilbert Wong Mayor Darcy Paul Vice Mayor I y Council Member Rod Sinks Council Member \ / Council Member Randolph Hom City Attorney Grace Schmidt David Brandt . '/ City Clerk City Manager' Staff Y Staff —A& ,i — 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 ., I recommendation Applicant or Appellant makes presentation /4 (up to 10 mins.) 1 Mayor invites members of the public to speak about the agenda item It (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, Council Chamber Thursday, March 31, 2016 6:45 PM AMENDED Televised Special Meeting Amended on March 28, 2016 to revise the Subject descriptions for Agenda Item Nos. 1 and 2. The Item staff report Subject descriptions have also been revised to match the agenda. 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 Thursday, March 31, 2016, commencing at 6:45 p.m. in Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, California 95014. Said special meeting shall be for the purpose of conducting business on the subject matters listed below under the heading, "Special Meeting." SPECIAL MEETING PLEDGE OF ALLEGIANCE - 6:45 PM Community Hall Council Chamber, 10350 Torre Avenue ROLL CALL ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the council on any matter not on the agenda. Speakers are limited to three (3) minutes. In most cases, State law will prohibit the council from making any decisions with respect to a matter not listed on the agenda. ORDINANCES AND ACTION ITEMS 1. Subject: Proposed Initiative submitted by Vicky Tsai and Judy Wilson regarding the Vallco Town Center Specific Plan Initiative entitled, "Initiative adopting the Vallco Town Center Specific Plan to (1) provide that the Vallco Shopping District Special Area ("Area") contains a mixture of residential, office, retail, civic and CITY OF CUPERTINO Page I City Council AGENDA March 31, 2016 education uses; (2) require any development to fund or provide community benefits such as transit, schools, a green roof, and recycled water; and (3) grant the property owner initial entitlements to develop in accordance with the Initiative and establish a process for future approvals; and making related amendments to Cupertino's General Plan and Municipal Code ("Vallco Initiative") and authorization to prepare a report under Elections Code 9212 Recommended Action: Adopt Resolution No. 16-027 directing City staff to prepare a report on the effects of the Vallco Initiative pursuant to Elections Code Section 9212 and appropriate $180,000.00 for such purpose Staff Report A - Proposed Vallco Initiative B - Title and Summary C - Draft Resolution for preparing EC 9212 Report 2. Subject: Election Code section 9212 report relating to proposed Cupertino Citizens' Sensible Growth Initiative entitled, "Initiative amending Cupertino's General Plan to limit redevelopment of the Vallco Shopping District, limit building heights and lot coverages in areas throughout the City, establish new setbacks and building planes on major thoroughfares, and require voter approval for any changes to these provisions" ("CCSGI Initiative"); determination whether to adopt the CCSGI Initiative or place measure on the ballot; and determination regarding ballot arguments and impartial analysis Recommended Action: 1. Receive the Report on the Impacts of Proposed Initiative and either: a. Adopt the Initiative; or b. Adopt Resolution No. 16-028 ordering that the Initiative be placed on the Ballot for the November 8, 2016 General Municipal Election, to be consolidated with the Statewide General Election; and 2. Adopt Resolution No. 16-029 considering whether to direct the City Clerk to transmit the Initiative to the City Attorney for preparation of an Impartial Analysis and whether to authorize City Council members, or the Council as a whole, to submit ballot arguments against the Initiative; and 3. Adopt Resolution No. 16-030 considering whether to authorize rebuttal arguments for and against the Initiative CITY OF CUPERTINO Page 2 City Council AGENDA March 31, 2016 Staff Report A -9212 Report A-1 - Appendix 1 (Text of Proposed Initiative, Title & Summary, Notice c A-2 - Appendix 2 (Section description of summary of Initiative) A-3 - Appendix 3 (CA Elections Code 9212) A-4 - Appendix 4 (Resolution No. 16-009 callingfor or report) A-5 - Appendix 5 (9212 Environmental Analysis) A-6 - Appendix 6 (Memo regarding 9212 report) A-7 - Appendix 7 (Fiscal Analysis tables) A-8 - Appendix 8 (Report from Sheriffs office) B - Draft Resolution calling election for measure C - Draft Resolution for filing Written Ar uments D - Draft Resolution for filing Rebuttal Arguments E - City Attorney Memorandum for Placing on the Ballot ADJOURNMENT CITY OF CUPERTINO Page 3 City Council AGENDA March 31, 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 4 THE CITY COUNCIL AND STAFF CITY COUNCIL Cupertino is a General Law city organized under and subject to statutes of the State of California. It is governed by the five -member City Council with the Mayor as the presiding officer. City Council members are elected at -large to four-year, overlapping terms. Each November a mayor and a vice -mayor are selected by the City Council for a one-year term. The City Council receives advice and assistance from nine commissions, which are appointed by the Council. These are the Bicycle Pedestrian Commission, Fine Arts Commission, Cupertino Housing Commission, Library Commission, Parks and Recreation Commission, Planning Commission, Public Safety Commission, Teen Commission, and the Technology, Information, and Communications Commission. Council members also serve on a variety of regional bodies, including: Association of Bay Area Governments League of California Cities Santa Clara County (SCC) Cities Association SCC Emergency Preparedness Council SCC Library District SCC Emergency Preparedness Commission Santa Clara Valley Water Commission and Water District SCC Transportation Authority West Valley Mayors and Managers STAFF The City Manager and the City Attorney are appointed by the Council. The City Manager is responsible for interpreting and carrying out Council policies and direction, and as the chief administrative officer, the City Manager coordinates the many activities of the city and appoints the professional and technical staff. The City Attorney is the advisor to the City Council as a whole. TYPES OF COUNCIL ACTIONS ORDINANCES Ordinances are the means by which the City enacts its local laws. Unless an urgent situation exists, ordinances will first be presented at a Council meeting as a "first reading." At a subsequent Council meeting, there will be a "second reading and adoption." Ordinances go into effect after a waiting period of thirty days, in most cases, during which time the summary of the ordinance is published in a local newspaper approved for this purpose. RESOLUTIONS Resolutions and minute orders are the means by which the City Council formally adopts policies or approves specific actions. These go into effect when adopted. APPEALS Any interested person, including a Council member, may appeal a Planning Commission or Director of Community Development decision to the City Council. An appeal must be submitted in writing to the City Clerk within 14 calendar days of the mailing of the notice of the decision. RECONSIDERATION Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City's decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's office for more information or go to www. http://www.cupertino.org/index.aspx?page=125 for a reconsideration petition form. '�L�iliTil�lLl[dI_� l►lel4�l��:[�L�1�J►[dL 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. I>• UTI-1-11 L1 Id Life]1144.729:Zi1 1141rd:M" 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 'LIT CW SS. f,— Kt"+e-tA UP AN -,1 114 0 y t'De" DEPART' PENALT� OF CUPERTINO jt2-,a I f. 00 AA-1 I PERSONALLY P . ` OSTED TI-1 N' 1 ENDA ON THE (Y HALL. '-"'LL AGENDA OF THE ClTriIQIMCIL't�/�� SIB, �U R �n- Thursday, March 31, 2016 Televised Special Meeting (6:45) Savita Vaidhyanathan Barry Chang Gilbert Wong Darcy Paul Mayor Vice Mayor Council Member Rod Sinks Council Member Council Member Randolph Hom City Attorney do Am Grace Schmidt David Brandt City Clerk City Manager 10 aameN ..- . , , , Staff Staff Staff —01 1k, 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 Applic7orAppellanpresen(up to 1 I Mayor invites members of the public to speak about the agenda item It Mayorcloses the hearing J. 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 City Council and obtains a second. votes on the agenda item j 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 Thursday, March 31, 2016 6:45 PM Televised Special 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 Thursday, March 31, 2016, commencing at 6:45 p.m. in Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, California 95014. Said special meeting shall be for the purpose of conducting business on the subject matters listed below under the heading, "Special Meeting." SPECIAL MEETING PLEDGE OF ALLEGIANCE - 6:45 PM Community Hall Council Chamber, 10350 Torre Avenue ROLL CALL ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the council on any matter not on the agenda. Speakers are limited to three (3) minutes. In most cases, State law vvill prohibit the council from making any decisions with respect to a matter not listed on the agenda. ORDINANCES AND ACTION ITEMS 1. Subject: Proposed Initiative submitted by Vicky Tsai and Judy Wilson regarding the Vallco Town Center Specific Plan Initiative ("Vallco Initiative") and authorization to prepare a report under Elections Code 9212 Recommended Action: Adopt Resolution No. 16-027 directing City staff to prepare a report on the effects of the Vallco Initiative pursuant to Elections Code Section 9212 and appropriate $180,000.00 for such purpose CITY OF CUPERTINO Page I City Council AGENDA March 31, 2016 Staff Report A - Proposed Vallco Initiative B - Title and Summary C - Draft Resolution for preparing EC 9212 Report 2. Subject: Election Code section 9212 report relating to proposed initiative entitled, "Initiative amending Cupertino's General Plan to limit redevelopment of the Vallco Shopping District, limit building heights and lot coverages in areas throughout the City, establish new setbacks and building planes on major thoroughfares, and require voter approval for any changes to these provisions" ("Initiative"); determination whether to adopt the Initiative or place measure on the ballot; and determination regarding ballot arguments and impartial analysis Recommended Action: 1. Receive the Report on the Impacts of Proposed Initiative and either: a. Adopt the Initiative; or b. Adopt Resolution No. 16-028 ordering that the Initiative be placed on the Ballot for the November 8, 2016 General Municipal Election, to be consolidated with the Statewide General Election; and 2. Adopt Resolution No. 16-029 considering whether to direct the City Clerk to transmit the Initiative to the City Attorney for preparation of an Impartial Analysis and whether to authorize City Council members, or the Council as a whole, to submit ballot arguments against the Initiative; and 3. Adopt Resolution No. 16-030 considering whether to authorize rebuttal arguments for and against the Initiative Staff Report A - 9212 Report A-1 - Appendix 1 (Text of Proposed Initiative, Title & Summary, Notice c A-2 - Appendix 2 (Section description of summary of Initiative) A-3 - Appendix 3 (CA Elections Code 9212) A-4 - Appendix 4 (Resolution No. 16-009 calling for report) A-5 - Appendix 5 (9212 Environmental Anal) A-6 - Appendix 6 (Memo regarding 9212 report) A-7 - Appendix 7 (Fiscal Analysis tables) A-8 - Appendix 8 (Report from Sheriffs office) B - Draft Resolution calling election for measure C - Draft Resolution for filing Written Arguments D - Draft Resolution for filing Rebuttal Arguments E - City Attorney Memorandum for Placing on the Ballot ADJOURNMENT CITY OF CUPERTINO Page 2 City Council AGENDA March 31, 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 o� f that item. If you wish to address the Council on any issue that is on this agenda, please complete a speaker request card located in front of the Council, and deliver it to the Clerk prior to discussion of the item. When you are called, proceed to the podium and the Mayor will recognize you. If you wish to address the City Council on any other item not on the agenda, you may do so by during the public comment portion of the meeting following the same procedure described above. Please limit your comments to three (3) minutes or less. CITY OF CUPERTINO Page 3 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 CUPERTINO OFFICE OF THE CITY CLERK CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3223 www.cupertino.org CUPERTINO CITY COUNCIL NOTICE OF MARCH 15, 2016 CONTINUATION OF PUBLIC HEARING ITEM TO APRIL 5 AT 6:45 PM NOTICE IS HEREBY GIVEN that the following public hearing item was continued from March 15, 2016 to the regular meeting of the Cupertino City Council of April 5, 2016 at 6:45 p.m. for purposes of continued public hearing, consideration, deliberation, and decision: Approval of the Fiscal Year 2016-17 Fee Schedule The meeting will be held in the Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, California. Dated this 15th day of March, 2016 STATE OF CALIFORNIA ) ) SS. COUNTY OF SAN I, AN LMPL g E OF _ HE CITY OF CUPERTINO C— DEPART- MENT, STATE UNDER PENALTY QF PERJURY THAT O (DVFE) (TIME) _����=j�1 I PERSONALLL.Y POSTED THE i40' lCE/AGENDA ON T1.,E BULLETIN BOA RU AT CITY HALL. Grace Schmidt, City Clerk cm"�k'tA(� 14e-4 STATE OF CALIFORNIA ) SS. COUNTY OF SANTA CLARA I, t�I �S-Fe�A S!-vM-s-), AN EMPLOYEE OF THE CITY OF CUPERTINO C _I �`.S DEPART MENT, STATE UNDER PENALTY OF PERJURY THAT ON (DA;,TE) 3 19 I� (TIME) ( (D'-3 o A Ai I PERSONALLY CUPERTINO POSTED THE NOTICE%;1GENDA ON TAIL BULLETIN BOARD AF CITY H-LLL. DATE 5'1G 1'=�L `� 11�� AGENDA OF THE CITY COUNCIL Tuesday, March 15, 2016 Special Meeting Non -televised Closed Session (3:00 pm) and Televised Study Session Immediately Following (Approx. 4:30) Televised Regular Meeting (6:45) Barry Chang Savita Vaidhyanathan May or Gilbert Wong Darcy Paul Vice Mayor I Council Member Rod Sinks Council Member \ / Council Member Randolph Hom City Attorney dM Am Grace Schmidt David Brandt City Manager' Staff —, Staff -I _ / City Clerk Speaker's Podium COMMUNITY HALL COUNCIL CHAMBER 10350 TORRE AVENUE - CUPERTINO, CA 95014 TELEPHONE: (408) 777-3220 (CITY HALL) WEBSITE: www.cupertino.org CONDUCT OF BUSINESS The Mayor is the presiding officer of the City Council. Any member of the public may speak on any item on the agenda for up to three minutes. All statements and questions must be addressed to the Mayor. City Council hearings serve as a venue for the discussion of sometimes divergent points of view. Please respect the opinions of others and refrain from outward expressions of emotions such as cheering or clapping. Such behavior delays the meeting and may intimidate other persons wishing to express alternate views. Loud, unruly outbursts will result in removal from the meeting. The proceedings of the meeting are recorded on audiotape and videotape; therefore, members of the audience who address the City Council must come to the lectern/microphone, and are requested to complete a Speaker Card and identify themselves. FLOWCHART FOR AGENDA ITEMS: Mayor introduces agenda item 1 Staff reports and makes recommendation 1 Applicant or Appellant makes presentation ;, (up to 10 mins.) 1 Mayor invites members of the public to speak about the agenda item It Mayor closes the hearing 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.ore, or you can purchase the items on CD. CITY COUNCIL DECISION IS FINAL Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City's decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's office for more information or go to www. http://www.cupertino.org/index.aspx?page =125 for a reconsideration petition form. CITY OF CUPERTINO AGENDA CUPERTINO CITY COUNCIL 10300 Torre Avenue and 10350 Torre Avenue Tuesday, March 15, 2016 3:00 PM Special Meeting Non -televised Closed Session (3:00 pm) Immediately Followed by a Televised Study Session (Approximately 4:30); 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, March 15, 2016, commencing at 3:00 p.m. for a closed session in City Hall Conference Room A, 10300 Torre Avenue, Cupertino, California 95014 and immediately followed at approximately 4:30 p.m. by a study session in Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, CA 95014. Said special meeting shall be for the purpose of conducting business on the subject matters listed below under the heading, "Special Meeting." The regular meeting items will be heard at 6:45 p.m. in Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, California. SPECIAL MEETING CLOSED SESSION - 3:00 PM City Hall Conference Room A, 10300 Torre Avenue 1. Subject: Conference with Labor Negotiators pursuant to Government Code Section 54957.6. Agency designated representatives: Director of Administrative Services, City Manager, Dania Torres Wong. Employee organizations: Operating Engineers Local No. 3 Union, Cupertino Employees' Association. STUDY SESSION - immediately following closed session (approximately 4:30 PM) Community Hall Council Chamber, 10350 Torre Avenue 2. Subject: Work Program study session Recommended Action: Review the 2016/2017 Work Program A - Redline Work Program 2016-2017 B - Clean Work Program 2016-2017 CITY OF CUPERTINO Pape I City Council AGENDA March 15, 2016 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 American Association of University Women (AAUW) recognizing April 12, 2016 as Equal Pay Day in Cupertino Recommended Action: Present proclamation 2. Subject: Present Association of Northern California Chinese Schools (ANCCS) Certificates of Recognition to the 2016 Chinese New Year Poster Contest Monkey Year Winners Recommended Action: Present certificates 3. Subject: Presentation of student transportation videos and monetary awards to second place winners "Matted" Shuge Luo and Elaine Wang; and third place (tie) winners "Small Town Geniuses" Rahul Ravi and Rishi Godugu, and "Reducing Traffic" Yeeling Tse and Helen Jiang. Recommended Action: View video presentation and present awards 4. Subject: Present proclamation to Christina Wu for being the California finalist in the Doodle4Google Contest Recommended Action: Present proclamation 5. Subject: Present proclamation to the American Red Cross of Silicon Valley recognizing March 2016 as Red Cross Month Recommended Action: Present proclamation 6. Subiect: Present proclamation to the Tai Ji Men Qigong Academy in celebration of the 2016 Chinese New Year Gathering Recommended Action: Present proclamation POSTPONEMENTS 7. Subject: Continue Item No. 20 Approval of the Fiscal Year 2016-17 Fee Schedule to April 5 Recommended Action: Continue this item to April 5 CITY OF CUPERTINO Page 2 City Council AGENDA March 15, 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. 8. Subject: Approve the March 1 City Council minutes Recommended Action: Approve the minutes A - Draft Minutes 9. Subject: Accept Accounts Payable for the period ending January 29, 2016 Recommended Action: Adopt Resolution No. 16-020 accepting Accounts Payable for the period ending January 29, 2016 A - Draft Resolution B - AP Report 10. Subject: Accept Accounts Payable for the period ending February 5, 2016 Recommended Action: Adopt Resolution No. 16-021 accepting Accounts Payable for the period ending February 5, 2016 A - Draft Resolution B - AP Report 11. Subject: Accept Accounts Payable for the period ending February 12, 2016 Recommended Action: Adopt Resolution No. 16-022 accepting Accounts Payable for the period ending February 12, 2016 A - Draft Resolution B - AP Report 12. Subject: Accept Accounts Payable for the period ending February 19, 2016 Recommended Action: Adopt Resolution No. 16-023 accepting Accounts Payable for the period ending February 19, 2016 A - Draft Resolution B = AP Report 13. Subject: Accept Accounts Payable for the period ending February 26, 2016 CITYOFCUPERTINO Page 3 City Council AGENDA March 15, 2016 Recommended Action: Adopt Resolution No. 16-024 accepting Accounts Payable for the period ending February 26, 2016 A - Draft Resolution B - AP Report 14. Subject: Approve the Second Amendment with The Regents of the University of California and the City of Cupertino for the Rolling Hills 4-H Club at McClellan Ranch Preserve for the five year period ending August 31, 2019 Recommended Action: Authorize the City Manager to execute an amendment to the lease agreement with The Regents of the University of California and the City of Cupertino for the Rolling Hills 4-H Club at McClellan Ranch Preserve to include use of Monta Vista Recreation Center and/or the Environmental Education Center for their monthly meetings Staff Report A - Draft 4-H Rolling Hills Agreement 2nd Amendment 15. Subject: Application for Alcoholic Beverage License for Doppio Zero Pizzeria, 10088 North Wolfe Road, Suite 120 Recommended Action: Recommend Approval to the Department of Alcoholic Beverage Control of the Application for Alcoholic Beverage License for Doppio Zero Pizzeria, 10088 North Wolfe Road, Suite 120 Staff Report A - Application 16. Subject: Approval of two separate Master Agreements between the City of Cupertino and the Gilbane Building Company and between the City of Cupertino and CSG Consultants, Inc. to provide construction management services on various Capital Improvement Projects Recommended Action: 1) Authorize the City Manager to execute a Master Agreement between the City of Cupertino and the Gilbane Building Company in the amount not to exceed $800,000 for a term of approximately two years; and 2) Authorize the City Manager to execute a Master Agreement between the City of Cupertino and CSG Consultants, Inc. in the amount not to exceed $800,000 for a term of approximately two years Staff Report A - Draft Master Agreement, Gilbane Building Company B - Draft Master Agreement, CSG Consultants, Inc. 17. Subject: Authority to award construction contract for Cupertino Sports Center (CSC) East Courts Resurfacing Project, No. 2015-04 CITY OF CUPERTINO Page 4 City Council AGENDA March 15, 2016 Recommended Action: 1. Authorize the City Manager to award a construction contract in an amount not to exceed the appropriated project budget limits, to the lowest responsive bidder if there are no unresolved bid protests; and 2. Authorize a construction contingency budget of 10% of the construction contract amount to address unforeseen conditions discovered during construction. Staff Report 18. Subject: Agreement between the City of Cupertino and Pavement Engineering, Inc. for consultant services on various street improvement projects Recommended Action: Approve an Agreement between the City of Cupertino and Pavement Engineering, Inc. (PEI) in the amount not to exceed $325,000 from the date of execution through June 30, 2017, and authorize the Director of Public Works to negotiate and execute all necessary documents to carry out all consultant services for the various street improvement projects Staff Report, A - Draft Master Agreement 19. Subject: Mitigation Fee Act - Annual & Five -Year Report. Recommended Action: 1.) Accept the Five Year and Annual Review of the City of Cupertino's Development Impact Fees (Government Code Section 66000 et seq.); and 2. Adopt Resolution No.16-026 Approving the Five -Year and Annual Development Impact Fee Reports and Making Required Findings Staff Report A - Developer In -Lieu Fee Report - Annual and Five -Year B - Draft Resolution SECOND READING OF ORDINANCES PUBLIC HEARINGS 20. Subject: Approval of the Fiscal Year 2016-17 Fee Schedule (continued from March 1) will be continued to April 5 Recommended Action: Under Postponements this item will be continued to April 5 ORDINANCES AND ACTION ITEMS 21. Subject: 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: CITY OF CUPERTINO Page 5 City Council AGENDA March 15, 2016 citywide Recommended Action: Conduct the first reading of 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 16-2124 B - Redline Chapter 14.15, Landscape Ordinance C - 2015 State MWELO D - Redline 2015 State MWELO 22. Subject: Accept resignation of Housing Commissioner Krista Wilson and consider options for filling the unscheduled vacancy. Recommended Action: Accept resignation of Housing Commissioner Krista Wilson and direct staff to fill the unscheduled vacancy by one of the following options: a.) Appoint from the existing list of applicants that were interviewed in January (Attachment A); or b.) Hold a special recruitment and set an application deadline of 4:30 p.m. on Friday, April 15, 2016 and an interview date of May 3, 2016 beginning at 5:30 p.m. Staff Report A — Krista Wilson Resignation Letter B — Previously interviewed Housing Commission Applications REPORTS BY COUNCIL AND STAFF 23. Subject: Construction Project Updates Recommended Action: Receive Updates 24. Subject: Report on Committee assignments and general comments Recommended Action: Report on Committee assignments and general comments ADJOURNMENT CITY OF CUPERTINO Page 6 City Council AGENDA March 15, 2016 The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6; litigation challenging a final decision of the City Council must be brought within 90 days after a decision is announced unless a shorter time is required by State or Federal law. Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City's decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's office for more information or go to http: //www. cupertino. org/index. aspx?page=125 for a reconsideration petition form. In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend the next City Council meeting who is visually or hearing impaired or has any disability that needs special assistance should call the City Clerk's Office at 408-777-3223, 48 hours in advance of the Council meeting to arrange for assistance. Upon request, in advance, by a person with a disability, City Council meeting agendas and writings distributed for the meeting that are public records will be made available in the appropriate alternative format. Also upon request, in advance, an assistive listening device can be made available for use during the meeting. Any writings or documents provided to a majority of the Cupertino City Council after publication of the packet will be made available for public inspection in the City Clerk's Office located at City Hall, 10300 Torre Avenue, during normal business hours and in Council packet archives linked from the agenda/minutes page on the Cupertino web site. Members of the public are entitled to address the City Council concerning any item that is described in the notice or agenda for this meeting, before or during consideration of that item. If you wish to address the Council on any issue that is on this agenda, please complete a speaker request card located in front of the Council, and deliver it to the Clerk prior to discussion of the item. When you are called, proceed to the podium and the Mayor will recognize you. If you wish to address the City Council on any other item not on the agenda, you may do so by during the public comment portion of the meeting following the same procedure described above. Please limit your comments to three (3) minutes or less. CITY OF CUPERTINO Page 7 THE CITY COUNCIL AND STAFF CITY COUNCIL Cupertino is a General Law city organized under and subject to statutes of the State of California. It is governed by the five -member City Council with the Mayor as the presiding officer. City Council members are elected at -large to four-year, overlapping terms. Each November a mayor and a vice -mayor are selected by the City Council for a one-year term. The City Council receives advice and assistance from nine commissions, which are appointed by the Council. These are the Bicycle Pedestrian Commission, Fine Arts Commission, Cupertino Housing Commission, Library Commission, Parks and Recreation Commission, Planning Commission, Public Safety Commission, Teen Commission, and the Technology, Information, and Communications Commission. Council members also serve on a variety of regional bodies, including: Association of Bay Area Governments League of California Cities Santa Clara County (SCC) Cities Association SCC Emergency Preparedness Council SCC Library District SCC Emergency Preparedness Commission Santa Clara Valley Water Commission and Water District SCC Transportation Authority West Valley Mayors and Managers STAFF The City Manager and the City Attorney are appointed by the Council. The City Manager is responsible for interpreting and carrying out Council policies and direction, and as the chief administrative officer, the City Manager coordinates the many activities of the city and appoints the professional and technical staff. The City Attorney is the advisor to the City Council as a whole. TYPES OF COUNCIL ACTIONS ORDINANCES Ordinances are the means by which the City enacts its local laws. Unless an urgent situation exists, ordinances will first be presented at a Council meeting as a "first reading." At a subsequent Council meeting, there will be a "second reading and adoption." Ordinances go into effect after a waiting period of thirty days, in most cases, during which time the summary of the ordinance is published in a local newspaper approved for this purpose. RESOLUTIONS Resolutions and minute orders are the means by which the City Council formally adopts policies or approves specific actions. These go into effect when adopted. APPEALS Any interested person, including a Council member, may appeal a Planning Commission or Director of Community Development decision to the City Council. An appeal must be submitted in writing to the City Clerk within 14 calendar days of the mailing of the notice of the decision. RECONSIDERATION Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City's decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's office for more information or go to www. http://www.cupertino.org/index.aspx?page=125 for a reconsideration petition form. COMMUNICATING WITH COUNCIL All Council members: citycouncil@cupertino.org Barry Chang BChang@cupertino.org (408) 777-3192 Savita Vaidhyanathan SVaidhyanathan@cupertino.org (408) 777-3193 Darcy Paul DPaul@cupertino.org (408) 777-3195 Rod Sinks RSinks@cupertino.org (408) 777-3194 Gilbert Wong GWong@cupertino.org (408) 777-3191 Council administrator ToniO@cupertino.org (408) 777-3212 City Hall www.cupertino.org (408) 777-CITY Please note: the City Council discourages submission of written materials on the day of the meeting as this does not provide enough time to give the materials fair evaluation. If you must provide written materials on the day of the meeting, as least one copy must be given to the City Clerk for the permanent record, and ten copies are preferred. NEWS AND NOTICES FROM CITY HALL EMAIL Sign up for e-mailed agendas, minutes, elections, and other items on the city website at www.cupertino.org, or fill out a Speaker Card at the meeting and check your categories of interest. TELEVISION The City Channel broadcasts City Council and Planning Commission meetings, as well as agenda previews, public service announcements, and other programs of community interest, on Channel 26 in Cupertino. The meetings are shown at these times: Tuesday (live) 6:45 p.m. Friday (replay) 10:00 a.m. Thursday (replay) 7:00 p.m. Saturday (replay) 9:00 a.m. INTERNET City Council and Planning Commission videos are available on demand at www.cupertino.org. Click "View meetings online." You can also use iTunes to listen online or download podcasts of City Council meetings . iTunes is a free software program available for Mac and PC users. Occasionally, news and community information is also available at www.Twitter.com/CupertinoCom AUDIO Tune into Radio Cupertino, 1670 AM, for meeting announcements, public service messages, and emergency announcements. USEFUL TELEPHONE NUMBERS City of Cupertino (City Hall) General Information and Comments (408) 777-CITY Fire (Emergency) Santa Clara County Fire Dept. dispatch 911 Fire (Non -Emergency) Santa Clara County Fire Dept. (408) 378-4010 Garbage Recology South Bay (408) 725-4020 Gas & Electricity Pacific Gas & Electric (PG&E) 1-800-743-5000 Recreation & Community Quinlan Community Center (408) 777-3120 Services Police (Emergency) Santa Clara County Sheriff dispatch 911 Police (Non -Emergency) Santa Clara County Sheriff (408) 868-6600 Public Health Santa Clara County Public Health (408) 732-3720 Sanitary Sewers Cupertino Sanitary District (408) 253-7071 Water San Jose Water (408) 279-7900 California Water (650) 917-0152 OFFICE OF THE CITY CLERK CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3223 www.cupertino.org CUPERTINO CUPERTINO CITY COUNCIL NOTICE OF MARCH 1, 2016 CONTINUATION OF PUBLIC HEARING ITEM TO MARCH 15 AT 6:45 PM NOTICE IS HEREBY GIVEN that the following public hearing item was continued from March 1, 2016 to the regular meeting of the Cupertino City Council of March 15, 2016 at 6:45 p.m. for purposes of continued public hearing, consideration, deliberation, and decision: Approval of the Fiscal Year 2016-17 Fee Schedule The meeting will be held in the Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, California. Dated this 1st day of March, 2016 STATE OF CALIFORNIA Grace Schmidt, City Clerk ) SS. CO ` YOFS `� I ,� , AN EM LOYEE QV THE CITY OF CUPERTINO UDEPART I�/IENT, STATE CINDER PENALTY OF PERJURY THAT ON (DATE) _ (TIME) 1 1 : ID �, I PERSONALLY POSTED THE NO ON Ti iE BULLETIN BOARD AT CITY I -I %LL. t DATE SIB 1 URE CUPERTINO OFFICE OF THE CITY CLERK CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3223 • FAX: (408) 777-3366 CUPERTINO CITY COUNCIL NOTICE OF ADJOURNMENT OF THE FEBRUARY 16, 2016 MEETING NOTICE IS HEREBY GIVEN that the regular meeting of the Cupertino City Council scheduled for Tuesday, February 16, 2016 was adjourned to Tuesday, March 1 at 6:45 p.m. for the purpose of conducting regular business, Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, California. Dated this 16th day of February, 2016 Kirsten Squarcia Deputy City Clerk STATE OF CALIFORNIA ) ) SS. CO UL TY OF SANTA CLARA AN I, ( L/ ek E141 LOYEE C CITY OF CU DO E ART- I�"s =.iT, STATE UNDER PENA T OF PF,R,0_ RY THAT ON (DATE) 2 6 i PVI F) I PEI:SO: ALL P0STED THE N01 !C E/AGENDA ON THE I3[�LLETIN BOAR, AT CITY HALL. DATN E SIGAT "L CITY OF CUPERTINO • ►11 CUPERTINO CITY COUNCIL 10300 Torre Avenue, City Hall Conference Room A Tuesday, February 2, 2016 5:15 PM Non -televised Special Closed Session (5:15) NOTICE AND CALL FOR A SPECIAL MEETING OF THE CUPERTINO CITY COUNCIL NOTICE IS HEREBY GIVEN that a special meeting of the Cupertino City Council is hereby called for Tuesday, February 02, 2016, commencing at 5:15 p.m. in City Hall Conference Room A, 10300 Torre Avenue, Cupertino, California 95014. Said special meeting shall be for the purpose of conducting business on the subject matters listed below under the heading, "Special Meeting." SPECIAL MEETING CLOSED SESSION - 5:15 PM City Hall Conference Room A, 10300 Torre Avenue 1. Subject: Conference with Legal Counsel - Existing Litigation pursuant to paragraph (1) of subdivision (d) of Govermnent Code Section 54956.9. Name of Case: City of Cupertino v. Siemens, et al. ADJOURNMENT STATE OF CALIFO' N IA ) SS. COUNTY OF SAN"I;`. CLARA EMPLOYEE OF TI l;, CITY OF CUPERTINO C- t,. _ DEPART- MENT, STATE UNDER PENALTY OF PERJURY THAT ON (DATE) i 2g I Cm (TIME) z/0S i e,►, _, I PERSON4ALLY POSTED THE NOTICE/AGENDA, ON THE BULLETIN BOARD AT CITY HALL. 26 6Azw,,�Olv_ - DA SIGs ATURE CITY OF CUPERTINO Page 1 City Council AGENDA February 2, 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 CUPERTINO STATE OF CALIFORNIA COUNTY OF SANTA CLARA SS. I, Ct u r� AN Eki LOYEE OFT CITY OF CUPERTINO 0 e-/k_ DEPART t,'91 NT, STATE UNDER PENALTY OF P E R f U RY THAT ON ( DATE) (T1N"t v) -- ; 1 PM I PERSONALLY POSTED THE, NOT!, E%AGENDA ON THE B7ILLETIN 130APRD AT CITY HALL. AGENDA OF THE CITY `COUNCIL ICE Tuesday, March 1, 2016 Special Meeting Non -televised Closed Session (4:00) and Televised Study Session (Immediately Following Approx. 6:00) Televised Regular Meeting (6:45) 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 / City Clerk City Manager-- anager- Staff Staff� Staff —, �— Staff Speaker's Podium COMMUNITY HALL COUNCIL CHAMBER 10350 TORRE AVENUE • CUPERTINO, CA 95014 TELEPHONE: (408) 777-3220 (CITY HALL) WEBSITE: www.cupertino.org CONDUCT OF BUSINESS The Mayor is the presiding officer of the City Council. Any member of the public may speak on any item on the agenda for up to three minutes. All statements and questions must be addressed to the Mayor. City Council hearings serve as a venue for the discussion of sometimes divergent points of view. Please respect the opinions of others and refrain from outward expressions of emotions such as cheering or clapping. Such behavior delays the meeting and may intimidate other persons wishing to express alternate views. Loud, unruly outbursts will result in removal from the meeting. The proceedings of the meeting are recorded on audiotape and videotape; therefore, members of the audience who address the City Council must come to the lectern/microphone, and are requested to complete a Speaker Card and identify themselves. FLOWCHART FOR AGENDA ITEMS: Mayor introduces agenda item 1 Staff reports and makes recommendation 1 Applicant or Appellant makes presentation (up to 10 mins.) 1 Mayor invites members of the public to speak about the agenda item 1 Mayor closes the hearing 1 Z City Council votes on the agenda item Council members report any site visits or outside communications Council members ask questions Council members ask questions Speakers submit a Request to Speak card, and are allowed up to 3 minutes per individual. Council members may ask questions of speakers. A Council member makes a motion and obtains a second. The City Council then discusses the motion(s) and votes. PUBLIC HEARINGS The City Council is required by law to hold public hearings on certain matters prior to making its decision. Notice to interested parties is given by legal advertisement in the local newspaper of general circulation at least 10 calendar days preceding the hearing date. Applications requiring public hearings include change of zoning, variances, use permits, and tentative maps. 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, March 1, 2016 4:00 PM Special Meeting Non -televised Closed Session (4:00) Immediately Followed by a Televised Study Session (Approximately 6:00); 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, March 1, 2016, commencing at 4:00 p.m. for a closed session in City Hall Conference Room A, 10300 Torre Avenue, Cupertino, California 95014 and immediately followed at approximately 6:00 p.m. by a study session in Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, CA 95014. Said special meeting shall be for the purpose of conducting business on the subject matters listed below under the heading, "Special Meeting." The regular meeting items will be heard at 6:45 p.m. in Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, California. SPECIAL MEETING CLOSED SESSION - 4:00 PM City Hall Conference Room A, 10300 Torre Avenue 1. Subject: Conference with Real Property Negotiators pursuant to Government Code Section 54956.8. Properties: APN 375-21-001, Lawrence Expressway at Mitty Avenue and APN 381-19-015, Lawrence Expressway at Doyle Road. Agency Negotiators: Carol Atwood and Gail Seeds. Negotiating Parties: San Jose Water Company; County Roads and Airports; City of San Jose. Under Negotiation: Price and terms of payment 2. Subject: Conference with Legal Counsel - Anticipated Litigation: Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Government Code Section 54956.9(d)(2) - Two cases STUDY SESSION - immediately following closed session (approximately 6:00 PM) Community Hall Council Chamber, 10350 Torre Avenue CITY OF CUPERTINO Page I City Council AGENDA March 1, 2016 3. Subject: Study session on options for increasing business license taxes Recommended Action: Conduct study session on options for increasing business license taxes and provide direction to staff on recommended approaches for consideration of either special or general taxes ADJOURNMENT REGULAR MEETING PLEDGE OF ALLEGIANCE - 6:45 PM Community Hall Council Chamber, 10350 Torre Avenue ROLL CALL CEREMONIAL MATTERS AND PRESENTATIONS POSTPONEMENTS 1. Subject: Continue Item No. 20 Approval of the Fiscal Year 2016-17 Fee Schedule to March 15 Recommended Action: Continue this item to March 15 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 January 26 (teleconferencing) City Council minutes Recommended Action: Approve the minutes A - Draft Minutes 3. Subject: Approve the February 2 City Council minutes Recommended Action: Approve the minutes A - Draft Minutes 4. Subject: Set application deadline and interview date(s) for terms expiring on the CITY OF CUPERTINO Page 2 City Council AGENDA March 1, 2016 Teen Commission Recommended Action: Staff recommends the following deadlines: 1.) Applications due in the City Clerk's office by 4:30 p.m. on Friday, May 6; and 2.) Interviews held beginning at 3:30 p.m. on Tuesday, May 24 and Wednesday, May 25 (as needed) Staff Report A - Adopted Resolution No. 09-115 5. Subject: Accept Accounts Payable for the period ending January 8, 2016 Recommended Action: Adopt Resolution No. 16-014 accepting Accounts Payable for the period ending January 8, 2016 A - Draft Resolution B - AP Report 6. Subject: Accept Accounts Payable for the period ending January 15, 2016 Recommended Action: Adopt Resolution No. 16-015 accepting Accounts Payable for the period ending January 15, 2016 A - Draft Resolution B - AP Report 7. Subject: Accept Accounts Payable for the period ending January 22, 2016 Recommended Action: Adopt Resolution No. 16-016 accepting Accounts Payable for the period ending January 22, 2016 A - Draft Resolution B - AP Report 8. Subject: Support of the "Safety for All" Ballot Initiative, A Series of Gun Reform Measures Initiated by Lieutenant Governor Gavin Newsom Recommended Action: Adopt Resolution No. 16-017 supporting the "Safety for All" ballot initiative. Direct staff to send copies of the resolution to President Barack Obama, U.S. Senators Barbara Boxer and Dianne Feinstein, Congresswoman Barbara Lee, Governor Jerry Brown, Lieutenant Governor Gavin Newsom, California Senator Loni Hancock, and California Assemblymember Tony Thurmond. Staff Report A - Draft Resolution B - Safety For All Act 9. Subject: Orchard Supply Hardware is making a $5,000 donation to the City of Cupertino for specific use at the McClellan Ranch Preserve Recommended Action: Staff is requesting the Council to accept the monetary donation to be used for supplies and equipment and/or facility enhancements at McClellan Ranch Preserve Staff Report CITY OF CUPERTINO Page 3 City Council AGENDA March 1, 2016 10. Subject: Friends of Stevens Creek Trail request for partnership and contribution towards a feasibility study of fish migration improvements along Stevens Creek Recommended Action: Authorize a contribution of $6,380 towards the local matching fund requirement of a Santa Clara County Water District grant proposal by the Friends of Stevens Creek Trail and regional partners. Staff Report A - Letter from Friends of Stevens Creek Trail B - Steelhead Passage Feasibility Study 11. Subject: Approaches to address continued noise complaints regarding cement plant operations Recommended Action: Direct the following actions to ensure ongoing sound compliance of the Lehigh Southwest Cement Company's Plant, located outside of Cupertino's boundary, and address ongoing residents' related noise concerns: - Direct staff to send a letter to the County acknowledging that residents' complaints regarding noise associated with Plant operations continue and that quarterly noise monitoring should commence as recommended in the DEH December 2015 Report of Findings. - Direct staff to provide City Council with updates on the quarterly noise monitoring studies conducted by the County, when available. - Appropriate $15,000 to conduct an independent City -led noise study. Staff Report A - Study B - Peer Review C - County Findings D - Letter 12. Subject: Planning Commission's recommendation to select Alan Takahashi as the Environmental Review Committee representative Recommended Action: Accept the Planning Commission's recommendation to the Environmental Review Committee. Staff Report 13. Subject: Application for Alcoholic Beverage License for 7 Eleven Store #2367, 21530 Stevens Creek Boulevard Recommended Action: Recommend approval to the California Department of Alcoholic Beverage Control of the Application for Alcoholic Beverage License for 7 Eleven Store #2367, 21530 Stevens Creek Boulevard Staff Report A - Application 14. Subject: Application for Alcoholic Beverage License for Target T3224, 19499 Stevens Creek Boulevard CITY OF CUPERTINO Page 4 City Council AGENDA March 1, 2016 Recommended Action: Recommend approval Alcoholic Beverage Control of the Application Target T3224, 19499 Stevens Creek Boulevard Staff Report A - Application to the California Department of for Alcoholic Beverage License for 15. Subject: Application for Alcoholic Beverage License for Steins Beer Garden, 10088 North Wolfe Road, Suite 130 Recommended Action: Recommend approval to the California Department of Alcoholic Beverage Control of the Application for Alcoholic Beverage License for Steins Beer Garden, 10088 North Wolfe Road, Suite 130 Staff Report A - Application 16. Subject: Application for Alcoholic Beverage License for The City Fish, 21678 Stevens Creek Boulevard Recommended Action: Recomment approval to the Department of Alcoholic Beverage Control of the Application for Alcoholic Beverage License for The City Fish, 21678 Stevens Creek Boulevard Staff Report A - Application 17. Subject: Survey of residents to provide feedback on willingness to support a sales tax measure or an employer tax. Recommended Action: 1) Authorize the City Manager to negotiate and execute a consultant contract and/or agreements with other cities with a cost to the City of Cupertino of up to $40,000 to survey residents on their willingness to support a sales tax measure or an employer tax to fund mass transit services along major commute corridors; and 2) Amend approved FY 15/16 Operating Budget (Transportation -Traffic Engineering 100-88-844) by an additional not to exceed amount of $40,000. Staff Report 18. Subject: 2015 Pavement Maintenance Project - Phase I, City Project No. 2015-22 & 2014 Sidewalk Accessibility Improvement Project, City Project No. 2014-15 contract amendment. CITY OF CUPERTINO Page 5 City Council AGENDA March 1, 2016 Recommended Action: Staff recommends Council take the following actions for consulting services provided by Pavement Engineering, Inc. (PEI): 1. Authorize an increase in the contract amount from $305,380 to $400,380 for the 2015 Pavement Maintenance Project - Phase 1; and 2. Authorize an increase in the contract amount from $75,685 to $85,000 for the 2014 Sidewalk Accessibility Improvement Project; and 3. Authorize the City Manager to negotiate and execute amended service order agreements for the 2015 Pavement Maintenance Project - Phase I and 2014 Sidewalk Accessibility Improvement Project for the not to exceed amounts of $400,380 and $85,000, respectively. Staff Report 19. Subject: Conceptual Study for Route 85 Corridor Mass Transit Alternatives Recommended Action: 1) Authorize the City Manager to negotiate and execute a consultant contract and/or agreements with other cities with a cost to the City of Cupertino of up to $40,000 to complete a conceptual alternatives study for the State Route 85 Corridor, between State Route 87 and Highway 101; and 2) Amend approved FY 15/16 Operating Budget ('Transportation -Traffic Engineering 100-88-844) by an additional not to exceed amount of $40,000. Staff Report A - Resolution for Regional Mass Transit B - Light Rail or Dedicated Bus Lane Information Sheet SECOND READING OF ORDINANCES PUBLIC HEARINGS 20. Subject: Approval of the Fiscal Year 2016-17 Fee Schedule which was originally noticed for tonights agenda will be continued to March 15. Recommended Action: Under Postponements this item will be continued to March 15 ORDINANCES AND ACTION ITEMS 21. Subject: Consideration and approval of the Mid -Year Financial Report and recommended budget adjustments for Fiscal Year 2015-16 Recommended Action: 1. Accept the City Manager's Mid -Year Financial Report for Fiscal Year 2015-16 2. Approve the Mid -Year adjustments for Fiscal Year 2015-16 as described in the Mid -Year Financial Report 3. Adopt Resolution No. 16-018 approving Mid -Year budget adjustment CITY OF CUPERTINO Page 6 City Council AGENDA March 1, 2016 Staff Report A. Mid -Year Financial Report B. Draft Resolution C. AccountingSy Size of GF Budget D. Accounting Staff Burden Ratios by GF Budget E. Accounting Staff Burden Ratio by Total Budget F. Performance Measures - Clean Version G. Performance Measures - Redline Version 22. Subject: Proposed Initiative submitted by Kenneth Silvery Tersini regarding the Oaks Shopping Center Recommended Action: Adopt Resolution No. 16-019 directing City staff to prepare a report on the effects of the Oaks Initiative pursuant to Elections Code Section 9212 and appropriate $150,000.00 for such purpose Staff Report A - Proposed Initiative B - Draft Resolution ordering preparation of an Elections Code Section 92 C - City Attorney Title and Summary 23. Subject: Receive the Certification of Sufficiency for the Initiative petition submitted by Cupertino Residents for Sensible Zoning Action Committee and provide direction Recommended Action: Receive the Certification of Sufficiency for the Initiative petition submitted by Cupertino Residents for Sensible Zoning Action Committee 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 B - Letter from proponents REPORTS BY COUNCIL AND STAFF 24. 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 March 1, 2016 The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6; litigation challenging a final decision of the City Council must be brought within 90 days after a decision is announced unless a shorter time is required by State or Federal law. Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City's decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's office for more information or go to http://www.cupertino.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 citycounci1@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 Toni0@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 (rive) 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 C:LARAAN ) EMPLOYEE OFT E CITY -OF CUPERTINO 2 <_-� DEPART- MENT, STATE UNDER PENNLTY OF PERJURY THAT ON (WiTE) j�L16 CUPERTINO (TIME) I PERSON 9.LLY AMENDED POSTED THE NOTICE%AGENDA ON Tr I E BULLETIN BOARD AT CITY HALL. AGENDA OF THE ClfYABOUNCIL sIG SURE TUES AY, FEBRUARY 2, 2016 Special Non -televised Closed Session (5:30) Televised Regular Meeting (6:45) Savita Vaidhyanathan Barry Chang Mayor Gilbert Wong Darcy Paul Vice Mayor I Council Member Council Member \ / Randolph Horn \ 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 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 ma 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 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 #igger-special or adjouffied +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. CITE' OF CUPERTINO AGENDA CUPERTINO CITY COUNCIL 10300 Torre Avenue and 10350 Torre Avenue Tuesday, February 2, 2016 5:30 PM AMENDED Non -televised Special Closed Session (5:30) Followed by Televised Regular Meeting (6:45) Amended on 1/28/16 to update Item No. 15 Attachments B and C 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, February 02, 2016, commencing at 5:30 p.m. in City Hall Conference Room A, 10300 Torre Avenue, Cupertino, California 95014 and the regular meeting following at 6:45 p.m. in Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, California. Said special meeting shall be for the purpose of conducting business on the subject matters listed below under the heading, "Special Meeting." SPECIAL MEETING CLOSED SESSION - 5:30 PM City Hall Conference Room A, 10300 Torre Avenue 1. Subject: Conference with Legal Counsel -Existing Litigation pursuant to Paragraph (1) of subdivision (d) of Government Code Section 54956.9. Name of case: City of Saratoga; City of Cupertino; Town of Los Gatos v. California Department of Transportation, et al. ADJOURNMENT REGULAR MEETING PLEDGE OF ALLEGIANCE - 6:45 PM Community Hall Council Chamber, 10350 Torre Avenue ROLL CALL CITY OF CUPERTINO Page I City Council AGENDA February 2, 2016 CEREMONIAL MATTERS AND PRESENTATIONS 1. Subject: Present Young Artist Awards to Saailey Palekar (Age 6-10), Kathy Liang (Age 11-14) and Maya Kapur (Age 15-18) Recommended Action: Present Young Artist Awards to Saailey Palekar (Age 6-10), Kathy Liang (Age 11-14) and Maya Kapur (Age 15-18) 2. Subject: Presentation of "TacoCat" transporation video by students Derrick Lee and Jonathan Fung and first place monetary award Recommended Action: View video presentation and present first place monetary award 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- jr—o—m making any dons 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 January 12 City Council minutes Recommended Action: Approve the minutes A - Draft Minutes 4. Subject: Approve the January 19 City Council minutes Recommended Action: Approve the minutes A - Draft Minutes 5. Subject: Approve the January 25 (commission interviews) City Council minutes Recommended Action: Approve the minutes A - Draft Minutes 6. Subject: Approve the January 26 (commission interviews) City Council minutes Recommended Action: Approve the minutes A - Draft Minutes CITY OF CUPERTINO Page 2 City Council AGENDA February 2, 2016 7. Subject: Accept Accounts Payable for the period ending December 18, 2015 Recommended Action: Adopt Resolution No. 16-011 accepting Accounts Payable for the period ending December 18, 2015 A - Draft Resolution B - AP Report 8. Subject: Accept Accounts Payable for the period ending December 30, 2015 Recommended Action: Adopt Resolution No. 16-012 accepting Accounts Payable for the period ending December 30, 2015 A - Draft Resolution B - AP Report 9. Subject: Letter Agreement between The Irvine Company, LLC, a Califonlia limited liability company and the City of Cupertino, a municipal corporation agreeing to an advance contribution of $200,000 to be used for the I-280/Wolfe Road Interchange Improvement Project and to be credited against Irvine Company's $7,000,000 future contribution that is currently contemplated as a Development Agreement item for their proposed development for the _Hamptons Apartment Project at 19500 Pruneridge Avenue Recommended Action: 1) Authorize the City Manager to execute an agreement with the Irvine Company, LLC to accept an advance contribution of $200,000 to be used for the I-280/Wolfe Road Interchange Project 2) Amend approved FY 15/16 Operating Budget by an additional expense amount of $1,200,000 for I-280/Wolfe Road Interchange Project budget 3) Amend approved FY 15/16 Operating Budget by an additional revenue amount of $1,200,000 for I-280/Wolfe Road Interchange Project budget Staff Report A - Draft Funding_ Agreement 10. Subject: Bubb, Ehn & McClellan Storm Drain/Salutary Sewer Improvement Project - Increase Contingency Authorization Recommended Action: Authorize an increase in the construction contingency amount by an additional $32,000 with funds from the current appropriated project budget Staff Report It. Subject: Discontinue headline translations Recommended Action: Discontinue headline translations and redirect the funds to other budget priorities Staff Report 12. Subject: Transportation Tax Measure Allocations CITY OF CUPERTINO Page 3 City Council AGENDA February 2, 2016 Recommended Action: Approve advocacy direction to City representatives regarding the proposed Santa Clara County sales tax, including general funding levels within expenditure categories, as developed in coordination with other North County and West Valley cities Staff Report A - Draft VTP 2040 Project List 8-19-15 B - CC Resolution No. 15-077 Implementation of Long -Term Mass Trans SECOND READING OF ORDINANCES 13. Subject: Second Reading of Ordinance amending the Cupertino Municipal Code to prohibit marijuana cultivation, dispensaries, and deliveries and commercial camiabis activities within the City of Cupertino. (Application No. MCA-2015-01; Location: City-wide; Applicant: City of Cupertino) Recommended Action: Conduct the second reading and adopt Ordinance No. 16-2140: "An Ordinance of the City Council of the City of Cupertino Amending Section 19.08.030 and adding Chapter 19.98 of Title 19 of the Cupertino Municipal Code Regarding Medical Marijuana Dispensaries, Marijuana Cultivation Facilities, Commercial Cannabis Activities, and Medical Marijuana Deliveries" Staff Report A - Draft Ordinance 14. Subject: An ordinance amending Sections 14.04.100 and 18.56.040 of the Cupertino municipal code to provide for a limited waiver of reimbursement requirements when a property owner dedicates right-of-way for a city street improvement or facility project. Recommended Action: Conduct the second reading and enact Ordinance No. 16-2141: "An Ordinance of the City Council of the City of Cupertino amending Sections 14.04.100 and 18.56.040 of the Cupertino Municipal Code to provide for a limited waiver of reimbursement requirements when a property owner dedicates right-of-way for a city street improvement or facility project," with an amendment directed by the City Council during the first reading of the ordinance amendment on January 19, 2016 to include a provision in the ordinance language such that the city council determines the percent of a waiver to offer for right of way acquisition for individual projects as they are approved during the CIP budget process, to facilitate the provision of sideNvalks and street widening in certain areas Nvliere pedestrians and bicyclists are prevalent Staff Report A - Draft Ordinance B - Redline Version of Draft Ordinance PUBLIC HEARINGS CITY OFCUPERT/NO Page 4 City Council AGENDA February 2, 2016 ORDINANCES AND ACTION ITEMS 15. Subject: Review and consider two development proposals (the Goodyear Tire and Oaks sites) submitted for consideration by the City Council to authorize the applicants to submit an application for General Plan Amendments and staff to commence environmental and project review. (Application No.(s): GPAAuth-2015-01 & GPAAuth-2015-02; Applicant: KT Urban, Mark Tersini and De Anza Ventures (Oaks shopping center); Location: 21255-21755 Stevens Creek Boulevard, 10931 N. De Anza Boulevard (Goodyear Tire); APN: 326-27-039, -040 and -041; 326-10-058) Recommended Action: Staff recommends that the City Council adopt Resolution No. 16-013 after determining which applications are authorized to move forward to apply for General Plan Amendments Staff Report A - Draft Resolution No. 16-013 A.1 - CC Reso No. 15-078: Policy on Authorization of General Plan Ame B - Goodyear Tire project plans C - Oaks project plans D - Correspondence E 1 - Economic Analysis Hotel Memo 01 21 16 E2 - Economic Analysis Oaks Memo 01.21.16 REPORTS BY COUNCIL AND STAFF 16. Subject: Construction Project Updates Recommended Action: Receive updates 17. Subject: Report on Committee assigiunents and general comments Recommended Action: Report on Committee assignments and general comments ADJOURNMENT CITYOFCUPERTINO Page i City Council AGENDA February 2, 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 Cit)I Hall, 10300 Torre Avenue, during normal business hours and in Council packet archives linked from the agenda/inini.ttes page on the Cupertino web site. Allembers 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 dui-h7g 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 oj' 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 12701) do so by during the public comment 1?0rti0n of the meeting following the same procedure described above. Please limit your comments to three (3) minutes or less. CITYOFCUPERTINO P(,e 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 mayor and a vice -mayor are selected by the City Council fora 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 T-he City Manager and toe City Attorney are appointed by the Co4mcU. The City Maflager is respoasible 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.cupert!no.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.rn. 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 STATE OF CALIFORNIA � COUNTY OF SA�4A CLARA SS. ) I, t rs fu, S' �as�-� q AN EMPLOYEE ICITY OF CUPERTINO DEPART- MENT, STATE UNDER PENALTY OF PERJURY THAT ON (DATE) 1���_ (TIME) % : o'er �M , I PERSONALLY POSTED THE No�'riLEjAGENDA ON TEE BULLETIN BOA`D ATT� CI Y HALL. �_L; S 1Cj L' RE AGENDA OF THE CITY COUNCIL TUESDAY, FEBRUARY 2, 2016 Special Non -televised Closed Session (5:30) Televised Regular Meeting (6:45) Barry Chang Savita Vaidhyanathan Mayor Gilbert Wong Darcy Paul Vice Mayor I Council Member Council Member \ / Randolph Hom \ - City Attorney David Brandt i 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 1 Applicant or Appellant makes presentation (up to 10 mins.) .t Mayor invites members of the public to speak about the agenda item .t 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 10300 Torre Avenue and 10350 Torre Avenue Tuesday, February 2, 2016 5:30 PM Non -televised Special Closed Session (5:30) Followed by Televised Regular Meeting (6:45) NOTICE AND CALL FOR A SPECIAL MEETING OF THE CUPERTINO CITY COUNCIL NOTICE IS HEREBY GIVEN that a special meeting of the Cupertino City Council is hereby called for Tuesday, February 02, 2016, commencing at 5:30 p.m. in City Hall Conference Room A, 10300 Torre Avenue, Cupertino, California 95014 and the regular meeting following at 6:45 p.m. in Community_ Hall Council Chamber, 10350 Torre Avenue, Cupertino, California. Said special meeting shall be for the purpose of conducting business on the subject matters listed below under the heading, "Special Meeting." SPECIAL MEETING CLOSED SESSION - 5:30 PM City Hall Conference Room A, 10300 Torre Avenue 1. Subject: Conference with Legal Counsel -Existing Litigation pursuant to Paragraph (1) of subdivision (d) of Government Code Section 54956.9. Naive of case: City of Saratoga; City of Cupertino; Town of Los Gatos v. California Department of Transportation, et al. 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 Young Artist Awards to Saailey Palekar (Age 6-10), Kathy Liang CITY OF CUPERTINO Pape I City Council AGENDA February 2, 2016 (Age 11-14) and Maya Kapur (Age 15-18) Recommended Action: Present Young Artist Awards to Saailey Kathy Liang (Age 11-14) and Maya Kapur (Age 15-18) 2. Subject: Presentation of "TacoCat" transporation and Jonathan Fung and first place monetary award Recommended Action: View video presentation award POSTPONEMENTS ORAL COMMUNICATIONS Palekar (Age 6-10), video by students Derrick Lee and present first place monetary 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 January 12 City Council minutes Recommended Action: Approve the minutes A - Draft Minutes 4. Subject: Approve the January 19 City Council minutes Recommended Action: Approve the minutes A - Draft Minutes 5. Subject: Approve the January 25 (commission interviews) City Council minutes Recommended Action: Approve the minutes A - Draft Minutes 6. Subject: Approve the January 26 (connnission interviews) City Council minutes Recommended Action: Approve the minutes A - Draft Minutes 7. Subject: Accept Accounts Payable for the period ending December 18, 2015 Recommended Action: Adopt Resolution No. 16-011 accepting Accounts Payable for the period ending December 18, 2015 CITY OF CUPERTINO Page 2 City Council AGENDA February 2, 2016 A - Draft Resolution B - AP Report 8. Subject: Accept Accounts Payable for the period ending December 30, 2015 Recommended Action: Adopt Resolution No. 16-012 accepting Accounts Payable for the period ending December 30, 2015 A - Draft Resolution B - AP Report 9. Subject: Letter Agreement between The Irvine Company, LLC, a California limited liability company and the City of Cupertino, a municipal corporation agreeing to an advance contribution of $200,000 to be used for the I-280/Wolfe Road Interchange Improvement Project and to be credited against Irvine Company's $7,000,000 future contribution that is currently contemplated as a Development Agreement item for their proposed development for the Hamptons Apartment Project at 19500 Pruneridge Avenue Recommended Action: 1) Authorize the City Manager to execute an agreement with the Irvine Company, LLC to accept an advance contribution of $200,000 to be used for the I-280/Wolfe Road Interchange Project 2) Amend approved FY 15/16 Operating Budget by an additional expense amount of $1,200,000 for 1-280/Wolfe Road Interchange Project budget 3) Amend approved FY 15/16 Operating Budget by an additional revenue amount of $1,200,000 for 1-280/Wolfe Road Interchange Project budget Staff Report A - Draft Funding Agreement 10. Subject: Bubb, Elm & McClellan Storm Drain/Sanitary Sewer Improvement Project - Increase Contingency Authorization Recommended Action: Authorize an increase in the construction contingency amount by an additional $32,000 with funds from the current appropriated project budget Staff Report 11. Subject: Discontinue headline translations Recommended Action: Discontinue headline translations and redirect the funds to other budget priorities Staff Report 12. Subject: Transportation Tax Measure Allocations Recommended Action: Approve advocacy direction to City representatives regarding the proposed Santa Clara County sales tax, including general funding levels within expenditure categories, as developed in coordination with other North County and West Valley cities CIn, OF CUPERTINO Page 3 City Council AGENDA February 2, 2016 Staff Report A - Draft VTP 2040 Project List 8-19-15 B - CC Resolution No. 15-077 Implementation of Long -Term Mass Trans SECOND READING OF ORDINANCES 13. Subject: Second Reading of Ordinance amending the Cupertino Municipal Code to prohibit marijuana cultivation, dispensaries, and deliveries and commercial cannabis activities within the City of Cupertino. (Application No. MCA-2015-01; Location: City-wide; Applicant: City of Cupertino) Recommended Action: Conduct the second reading and adopt Ordinance No. 16-2140: "An Ordinance of the City Council of the City of Cupertino Amending Section 19.08.030 and adding Chapter 19.98 of Title 19 of the Cupertino Municipal Code Regarding Medical Marijuana Dispensaries, Marijuana Cultivation Facilities, Commercial Cannabis Activities, and Medical Marijuana Deliveries" Staff Report A - Draft Ordinance 14. Subject: An ordinance amending Sections 14.04.100 and 18.56.040 of the Cupertino municipal code to provide for a limited waiver of reimbursement requirements when a property owner dedicates right-of-way for a city street improvement or facility project. Recommended Action: Conduct the second reading and enact Ordinance No. 16-2141: "An Ordinance of the City Council of the City of Cupertino amending Sections 14.04.100 and 18.56.040 of the Cupertino Municipal Code to provide for a limited waiver of reimbursement requirements when a property owner dedicates right-of-way for a city street improvement or facility project," with an amendment directed by the City Council during the first reading of the ordinance amendment on January 19, 2016 to include a provision in the ordinance language such that the city council determines the percent of a waiver to offer for right of way acquisition for individual projects as they are approved during the CIP budget process, to facilitate the provision of sidewalks and street widening in certain areas where pedestrians and bicyclists are prevalent Staff Report A - Draft Ordinance B - Redline Version of Draft Ordinance PUBLIC HEARINGS ORDINANCES AND ACTION ITEMS 15. Subject: Review and consider two development proposals (the Goodyear Tire and Oaks sites) submitted for consideration by the City Council to authorize the CITY OF CUPERTINO Page 4 City Council AGENDA February 2, 2016 applicants to submit an application for General Plan Amendments and staff to commence environmental and project review. (Application No.(s): GPAAuth-2015-01 & GPAAuth-2015-02; Applicant: KT Urban, Mark Tersini and De Anza Ventures (Oaks shopping center); Location: 21255-21755 Stevens Creek Boulevard, 10931 N. De Anza Boulevard (Goodyear Tire); APN: 326-27-039, -040 and -041; 326-10-058) Recommended Action: Staff recommends that the City Council adopt Resolution No. 16-013 after determining which applications are authorized to move forward to apply for General Plan Amendments Staff Report A - Draft Resolution No. 16-013 A.1 - CC Reso No. 15-078: Policy on Authorization of General Plan Ame B - Goodyear Tire project plans C - Oaks project plans D - Correspondence El -Economic Analysis Hotel Memo 01 21 16 E2 - Economic Analysis Oaks Memo 01.21.16 REPORTS BY COUNCIL AND STAFF 16. Subject: Construction Project Updates Recommended Action: Receive updates 17. 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 February 2, 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=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 fi°om 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 (rive) 6:45 p.m. Friday (replay) 10:00a.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 10300 Torre Avenue, City Hall Conference Room A Tuesday, January 26, 2016 6:55 PM Non -televised Special 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, January 26, 2016, commencing at 6:55 p.m. in City Hall Conference Room A, 10300 Torre Avenue, Cupertino, California 9-50-14: 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 - 6:55 PM City Hall Conference Room A, 10300 Torre Avenue 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. ORDINANCES AND ACTION ITEMS 1. Subject: Resolution modifying the policy for teleconferencing during Council meetings to include open sessions in addition to closed sessions Recommended Action: Consider adopting Resolution No. 16-010 modifying the policy for teleconferencing during Council meetings to include open sessions in addition to closed sessions A - Draft Resolution ADJOURNMENT CITY OF CUPERTINO Page I City Council AGENDA January 26, 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=l25for 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 CALIFO :NIA )Ss. CO Y OF Sr CL�A I, AN E(VIP YEE 8Z TILL CITY OF CUPERTINO O DEPART h^ LITT, S`, ATE UNDER PENALTY OF PE ,RJURY THAI' ON (Dii-FE) (1 N/ E) VAS -RA. , I PERSONALLY POSr FED THE N()�f -E,/ GENDA ON TIIE BULLETIN BOARD AT CITY I-l�-iLL. 1 s I �NATufR, CITY OF CUPERTINO AGENDA CUPERTINO CITY COUNCIL 10300 Torre Avenue, City Hall Conference Room A Monday, January 25, 2016 4:00 PM Special Non -televised Meeting (Commissions 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 Monday, January 25, 2016, commencing at 4:00 p.m. in City Hall Conference Room A, 10300 Torre Avenue, Cupertino, California. Said special meeting shall be for the purpose of conducting business on the subject matters listed below under the heading, "Special Meeting." SPECIAL MEETING ROLL CALL — 4:00 PM City Hall Conference Room A, 10300 Torre Avenue 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. COMMISSIONS INTERVIEWS 1. Subject: Interview applicants for commissions with vacancies and tenns expiring: Sustainability, Parks and Recreation, F'ATK1GFaCuA2 0B f�, Recommended Action: Conduct interviews a )SS. CO JN Y OF SANTA CLAR�A I, l -F U �rc�P I , AN L;I'I OYEL OF TI l; CITY OF CUPERTINO _ C (er DEPART S`.A- I'E UNz ER PENALTY OF .Y THAT ON (DATE) ( `. ? • ;;J1 8 cs P/I PERSONALLY 4'C' 'i-ED THE MOT 10E AGENDA ON THE BI LLETIN BOARD AT CITY HALL. CITY OF CUPERTINO Page f; t L; i T U R E CityCouncil AGENDA January 25, 2016 A - Interview Schedule B - Commission Diversity Resolution C - Advisory Commissions Resolution D - Sustainability Questions E — Sustainability Applications F - Parks & Rec Questions G - Parks & Rec Applications H — Fine Arts Questions I — Fine Arts Applications J — Public Safety Questions K — Public Safety Applications L - Current Commission List M - Commission Attendance ADJOURNMENT CITY OF CUPERTINO Page 2 City Council AGENDA January 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.cupertino.orglindex.aspx?page=125 for a reconsideration petition form. In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend the next City Council meeting who is visually or hearing impaired or has any disability that needs special assistance should call the City Clerk's Office at 408-777-3223, 48 hours in advance of the Council meeting to arrange for assistance. Upon request, in advance, by a person with a disability, City Council meeting agendas and writings distributed for the meeting that are public records will be made available in the appropriate alternative format. Also upon request, in advance, an assistive listening device can be made available for use during the meeting. Any writings or documents provided to a majority of the Cupertino City Council after publication of the packet will be made available for public inspection in the City Clerk's Office located at City Hall, 10300 Torre Avenue, during normal business hours and in Council packet archives linked from the agenda/minutes page on the Cupertino web site. Members of the public are entitled to address the City Council concerning any item that is described in the notice or agenda for this meeting, before or during consideration of that item. If you wish to address the Council on any issue that is on this agenda, please complete a speaker request card located in front of the Council, and deliver it to the Clerk prior to discussion of the item. When you are called, proceed to the podium and the Mayor will recognize you. If you wish to address the City Council on any other item not on the agenda, you may do so by during the public comment portion of the meeting following the same procedure described above. Please limit your comments to three (3) minutes or less. CITY OF CUPERTINO Page 3 CITY OF CUPERTINO AGENDA CUPERTINO CITY COUNCIL 10300 Torre Avenue, City Hall Conference Room A Tuesday, January 26, 2016 7:00 PM Special Non -televised Meeting (Commissions 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, January 26, 2016, commencing at 7:00 p.m. in City Hall Conference Room A, 10300 Torre Avenue, Cupertino, California. Said special meeting shall be for the purpose of conducting business on the subject matters listed below under the heading, "Special Meeting." SPECIAL MEETING ROLL CALL — 7:00 PM City Hall Conference Room A, 10300 Torre Avenue 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. COMMISSIONS INTERVIEWS 1. Subject: Interview applicants for commissions with terms expiring: Housing, Audit Committee, and Technology, Information, and Co8%V%"_a©DFisCA&V0R )CQ ) Recommended Action: Conduct interviews and make appointments ) SS. COUNTY OF SANTA CLARA ) AN EMPLOYEE OF TCITY OF CUPERTINO _ G' =z L DEPART A1;`tiT, STATE C;r, DEIR PE ALTY OF PEI:..if JRY THAT ON (D,,V E) 1 1 zo (I L I rE�SO7iAy..f,Y PC STi D THE Td�_;T ; T- :�G :N ��A ON rf -IE BULLETIN BOA1 �-VT CITY IA' L. 1� �(L CITY OF CUPERTINO Page ILg- :i City Council AGENDA January 26, 2016 A - Interview Schedule B - Commission Diversity Resolution C - Advisory Commissions Resolution D - Housing Questions E — Housing Applications F - Audit Questions G - Audit Applications H - TICC Questions I - TICC Applications J - Current Commission List K - Commission Attendance ADJOURNMENT CITY OF CUPERTINO Page 2 City Council AGENDA January 26, 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 Clerks office for more information or go to http://www.cupertino.orglindex.aspx?page=125 for a reconsideration petition form. In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend the next City Council meeting who is visually or hearing impaired or has any disability that needs special assistance should call the City Clerk's Office at 408-777-3223. 48 hours in advance of the Council meeting to arrange for assistance. Upon request, in advance, by a person with a disability, City Council meeting agendas and writings distributed for the meeting that are public records will be made available in the appropriate alternative format. Also upon request, in advance, an assistive listening device can be made available for use during the meeting. Any writings or documents provided to a majority of the Cupertino City Council after publication of the packet will be made available for public inspection in the City Clerk's Office located at City Hall, 10300 Torre Avenue, during normal business hours and in Council packet archives linked from the agenda/minutes page on the Cupertino web site. Members of the public are entitled to address the City Council concerning any item that is described in the notice or agenda for this meeting, before or during consideration of that item. If you wish to address the Council on any issue that is on this agenda, please complete a speaker request card located in front of the Council, and deliver it to the Clerk prior to discussion of the item. When you are called, proceed to the podium and the Mayor will recognize you. If you wish to address the City Council on any other item not on the agenda, you may do so by during the public comment portion of the meeting following the same procedure described above. Please limit your comments to three (3) minutes or less. CITY OF CUPERTINO Page 3 S'r_`_TE OF CALIFORNIA ) Uiv'1 Y OF SANTA C/LA.Rr) ) ;+';; x-`.LLYEE OF TH CITY OF CUP`, STATE UNDER PE.,,' - E RY THAT ON (DA I E) CUPERTINO THE I—�O l ICEACE'r' AMENDED, ,_J _.LETIN BOARD AGENDA OF THE CITY COUNCIL TUESDAY, JANUARY 19, 2016 Special Non -televised Closed Session (4:30) Televised Study Session (Immediately Following) Televised Regular Meeting (6:45) Televised Special Public Facilities Corporation (Immediately Following) Barry Chang Savita Vaidhyanathan Mayor Gilbert Wong Darcy Paul Vice Mayor Council Member Rod Sinks Council Member I Council Member Randolph Hom \ / City Attorney Grace Schmidt David Brandt 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.cuperLino.org 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 �f recommendation 1 Applicant or Appellant makes presentation ;,4--] (up to 10 mins.) 1 Mayor invites members of the public to speak about the agenda item I 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, January 19, 2016 4:30 PM AMENDED Special Non -televised Closed Session (4:30) Immediately Followed by a Televised Study Session; Followed by the Televised Regular Meeting (6:45); Special Public Facilities Corporation Meeting (Immediately Following Regular Meeting) Amended on 1/14/16 to correct Special Study Session numbering to Nos. 4 and 5 NOTICE AND CALL FOR A SPECIAL MEETING (CLOSED SESSION AND STUDY SESSION) AND REGULAR MEETING OF THE CUPERTINO CITY COUNCIL, AND SPECIAL MEETING OF THE CUPERTINO PUBLIC FACILITIES CORPORATION NOTICE IS HEREBY GIVEN that a special meeting of the Cupertino City Council is hereby called for Tuesday, January 19, 2016, commencing at 4:30 p.m. for a closed session in City Hall Conference Room A, 10300 Torre Avenue, Cupertino, California 95014 and immediately followed by a study session in Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, CA 95014. Said special meeting shall be for the purpose of conducting business on the subject matters listed below under the heading, "Special Meeting." The regular meeting items will be heard at 6:45 p.m. in Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, California. The special meeting of the Cupertino Public Facilities Corporation will immediately follow the regular meeting in Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, California 95014 for the purpose of conducting business on the subject matters listed below under the heading, "Special Meeting." SPECIAL MEETING CLOSED SESSION - 4:30 PM City Hall Conference Room A, 10300 Torre Avenue 1. Subject: Conference with Legal Counsel -Anticipated Litigation: Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Govermilent Code Section 54956.9. One case. 2. Subject: Conference with Legal Counsel -Anticipated Litigation: Initiation of C/TYOFCUPERT/NO Pave 1 City Council AGENDA January 19, 2016 litigation pursuant to paragraph (4) of subdivision (d) of Government Code Section 54956.9. Two cases. 3. Subject: Conference with Real Property Negotiators (Government Code Section 54956.8); Property: Cupertino Municipal Water System; Agency Negotiator: Timm Borden; Negotiating Parties: City of Cupertino and San Jose Water Company; Under Negotiation: Terms for City Leased Asset. STUDY SESSION - immediately following closed session Community Hall Council Chamber,10350 Torre Avenue 4. Subject: Study session regarding Economic Development Strategic Plan (EDSP) draft background report Recommended Action: Conduct study session and provide direction to staff A - Draft Report 5. Subject: Study Session to consider entering into a Memorandum of Understanding with the Rotary Club of Cupertino to renovate the Stocklmeir home and surrounding property to utilize as a non-profit center for Cupertino Recommended Action: Conduct a study session to consider the Rotary's proposal and direct staff to: 1. Put this item on a future Council agenda; 2. Provide additional infonnation for Council consideration; or 3. Not pursue this proposal. Staff Report A - Proposal Agreement between Rotary and City B - Letters of Support C - Pictures of Site ADJOURNMENT REGULAR MEETING PLEDGE OF ALLEGIANCE - 6:45 PM Community Hall Council Chamber,10350 Torre Avenue ROLL CALL CEREMONIAL MATTERS AND PRESENTATIONS 1. Subject: Update from the Technology, Information, and Communications Commission Recommended Action: Receive the update CITY OF CUPERTINO Page 2 City Council AGENDA January 19, 2016 POSTPONEMENTS ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the council on any matter not on the agenda. Speakers are limited to three (3) minutes. In most cases, State law will prohibit the council fi^om making any decisions with respect to a matter not listed on the agenda. CONSENT CALENDAR Unless there are separate discussions and/or actions requested by council, staff or a member of the public, it is requested that items under the Consent Calendar be acted on simultaneously. 2. Subject: Approve the December 1 City Council minutes Recommended Action: Approve the minutes A - Draft Minutes 3. Subject: Accept Accounts Payable for the period ending November 13, 2015 Recommended Action: Adopt Resolution No. 16-001 accepting Accounts Payable for the period ending November 13, 2015 A - Draft Resolution B - AP Report 4. Subject: Accept Accounts Payable for the period ending November 20, 2015 Recommended Action: Adopt Resolution No. 16-002 accepting Accounts Payable for the period ending November 20, 2015 A - Draft Resolution B - AP Report 5. Subject: Accept Accounts Payable for the period ending November 25, 2015 Recommended Action: Adopt Resolution No. 16-003 accepting Accounts Payable for the period ending November 25, 2015 A - Draft Resolution B - AP Report 6. Subject: Accept Accounts Payable for the period ending December 4, 2015 Recommended Action: Adopt Resolution No. 16-004 accepting Accounts Payable for the period ending December 4, 2015 A - Draft Resolution B - AP Report CITY OF CUPERTINO Page 3 City Council AGENDA January 19, 2016 7. Subject: Accept Accounts Payable for the period ending December 11, 2015 Recommended Action: Adopt Resolution No. 16-005 accepting Accounts Payable for the period ending December 11, 2015 A - Draft Resolution B - AP Report 8. Subject: Application for Alcoholic Beverage License for Deep Cliff Golf Course, 10700 Clubhouse Lane Recommended Action: Recommend approval Alcoholic Beverage Control of the Application Deep Cliff Golf Course, 10700 Clubhouse Lane Staff Report A - Application to the California Department of for Alcoholic Beverage License for 9. Subject: Summary Vacation of a Wire Clearance Easement Center property at 10300 Torre Avenue Recommended Action: Adopt Resolution No. 16-006 summarily clearance easement within the Civic Center property at 10300 Torre Avenue Staff Report A - Legal Description for Vacation of Wire Clearance Easement B - Plat Map for Vacation of Wire Clearance Easement C - Draft Resolution D - PG&E No Objection Letter E - AT&T No Objection Letter F - Comcast No Objection Letter within the Civic vacating a wire 10. Subject: Update on Permanent Prograin for Early Morning Collection of Solid Waste Containers on Select Streets in the Tri-School Area. Recommended Action: Receive report with no changes recommended to pennanent program. Staff Report A — Table of Containers Removed from Select Streets Prior to and During B — Resident Comments Post Permanent Implementation SECOND READING OF ORDINANCES It. Subject: Second reading of ordinance directing of, and Cupertino's membership in, the Silico n CITY OF CUPERTINO Page 4 City Council AGENDA January 19, 2016 Recommended Action: 1. Conduct the second reading of the Ordinance No. 15-2138: "An Ordinance of the City Council of the City of Cupertino Authorizing the Implementation of a Community Choice Aggregation Program" to create and participate in the Silicon Valley Clean Energy Authority; and 2. Appoint a regular Director and alternate Director to the Authority's Board of Directors and direct staff to add Council's appointment to the Authority to the future Council committee assignments calendar Staff Report A -Draft Ordinance PUBLIC HEARINGS 12. Subject: Enact an Urgency Ordinance and conduct the first reading of an ordinance amending the Cupertino Municipal Code to prohibit marijuana cultivation, dispensaries, and deliveries and commercial cannabis activities within the City of Cupertino. (Application No. MCA-2015-01; Location: City-wide; Applicant: City of Cupertino) Recommended Action: 1. Find that the proposed actions are exempt- from- CEQA; and 2. Enact Urgency Ordinance No. 16-2139: "An Interim Urgency Ordinance of the City Council of the City of Cupertino establishing a moratorium on Medical Marijuana Dispensaries, Marijuana Cultivation Facilities, Commercial Cannabis Activities and Medical Marijuana deliveries within the City of Cupertino pending completion of an update to the City's Zoning Code"; and 3. Conduct the first reading of Ordinance No. 16-2140: "An Ordinance of the City Council of the City of Cupertino amending Section 19.08.030 and adding Chapter 19.98 of Title 19 of the Cupertino Municipal Code regarding Medical Marijuana Dispensaries, Marijuana Cultivation Facilities, Commercial Cannabis Activities, and Medical Marijuana Deliveries" Staff Report A - Draft Ordinance No. 16-2139 Urgency Ordinance B - Draft Ordinance No. 16-2140 Marijuana Ordinance C - White Paper on Medical Marijuana Dispensaries D - Santa Clara District Attorney E - PC Resolution F - PSC MJ recommendation ORDINANCES AND ACTION ITEMS 13. Subject: Order the abatement of a public nuisance (weeds) pursuant to provisions of Ordinance No. 724 and Resolution No. 15-112 CITY OF CUPERTINO Page 5 City Council AGENDA January 19, 2016 Recommended Action: Note objections and adopt Resolution No. 16-007 ordering abatement of a public nuisance (weeds) Staff Report A - Draft Resolution B - 2016 Weed Abatement Program Commencement Report C - Notice to Destroy Weeds and Program Schedule D - Letter to Property Owners E - Approved Resolution No. 15-112 14. Subject: Consideration of Proposed Lease with Verizon Wireless for a cell tower to be located on the Civic Center Property (Torre Avenue), subject to the terms of any City -issued permits Recommended Action: Adopt Resolution No. 16-008 to: 1. Authorize the City Manager to execute an Antenna Ground Lease between the City of Cupertino and GTE Mobilnet dba Verizon for a term of up to 5 years, for a cell tower to be located on the Civic Center Property, in substantially the form as presented to Council, and subject to the terms of any City -issued permits; and 2. Authorize the City Manager to negotiate and execute up to two five year (5-year) options consistent with the terms of the Lease Staff Report A - Draft Proposed Lease B - Draft Resolution - Verizon Lease.docx C - Letter from AT&T 15. Subject: An ordinance amending sections 14.04.100 and 18.56.040 of the Cupertino municipal code to provide for a limited waiver of reimbursement requirements when a property owner dedicates right-of-way for a city street improvement or facility project. Recommended Action: Conduct the first reading of Ordinance No. 16-2141: "An Ordinance of the City Council of the City of Cupertino amending Sections 14.04.100 and 18.56.040 of the Cupertino Municipal Code to provide for a limited waiver of reimbursement requirements when a property owner dedicates right-of-way for a city street improvement or facility project," to facilitate the provision of sidewalks and street widening in certain areas where pedestrians and bicyclists are prevalent. Staff Report A - Draft Ordinance B - Redline Version of Draft Ordinance 16. Subject: Proposed Initiative submitted by Cupertino Residents for Sensible Zoning Action Committee Recommended Action: Adopt Resolution No. 16-009 directing City staff to prepare a report on the effects of the Initiative pursuant to Elections Code Section 9212 CITY OF CUPERTINO Page 6 City Council AGENDA January 19, 2016 Staff Report A - Notice of Intent and Proposed Initiative B - City Attorney's Official Title and Summary C - Draft Resolution 17. Subject: Council committee assignments Recommended Action: Approve assignments REPORTS BY COUNCIL AND STAFF 18. Subject: Report on Committee assignments and general comments Recommended Action: Report on Committee assignments and general comments ADJOURNMENT NOTICE AND CALL FOR A SPECIAL MEETING OF THE CUPERTINO PUBLIC FACILITIES CORPORATION NOTICE IS HEREBY GIVEN that a special meeting of the Cupertino Public Facilities Corporation is hereby called for Tuesday, January 19, 2016, commencing immediately following the Cupertino City Council Regular meeting (which starts at 6:45 p.m.) in the 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 OF THE CUPERTINO PUBLIC FACILITIES CORPORATION ROLL CALL Community Hall Council Chamber, 10350 Torre Avenue 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. ORDINANCES AND ACTION ITEMS 1. Subject: Approval of the City of Cupertino entering into an Antemla Ground Lease between the City and GTE Mobilnet of California Limited Partnership, a California Limited Partnership, d/b/a Verizon Wireless and Receive and File the CITY OF CUPERTINO Page 7 City Council AGENDA January 19, 2016 Letter from Independent Bond Counsel, Brian Quint Finding no Tax Implications from the Lease Recommended Action: a. Receive and File the Letter from Independent Bond Counsel, Brian Quint Finding no Tax Implications from the Lease; and b. Provide consent to the City of Cupertino to permit the City to enter into an Antenna Ground Lease between the City and GTE Mobilnet of California Limited Partnership, a California Limited Partnership, d/b/a Verizon Wireless Staff Report A - Opinion Letter Thimmig Brian Cupertino Public Facilities Corporatioi ADJOURNMENT CITY OF CUPERTINO Page 8 City Council AGENDA January 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 OFCUPERTINO Page 9 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 Interim Council admin Lisa MM@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 CALIFORNIA CUPERTINO ) SS. COUNTY OF SANTA CLARA I, .S �� ` ) , AN EMPLOYE ?F TE CITY OF CUPEI�-I INO (I e- / D E PA ZT- MENT, STATE UNDER PEi ALTY OF PERJURY THAT ON (DATE) . 1I 13 1 j(a (TIME) (,,' I o P)A , I I'ERSC'>`IA LI Y POSTED THE NOT I� L/AG E N 'A ON T': BULLETIN BOARD AT CITY IIj\; _ r 1'31/4 DATE AGENDA OF THE CITY COUNCIL TUESDAY, JANUARY 19, 2016 Special Non -televised Closed Session (4:30) Televised Study Session (Immediately Following) Televised Regular Meeting (6:45) Televised Special Public Facilities Corporation (Immediately Following) Barry Chang Savita Vaidhyanathan May or Gilbert Wong Darcy Paul Vice Mayor I Council Member Council Member / Randolph Hom \ City Attorney - David Brandt City Manager`' Staff —, Staff —I ■ Speaker's Podium Rod Sinks Council Member / Grace Schmidt ZCity Clerk Staff COMMUNITY HALL COUNCIL CHAMBER 10350 TORRE AVENUE • CUPERTINO, CA 95014 TELEPHONE: (408) 777-3220 (CITY HALL) WEBSITE: www.cupertino.org - Staff CONDUCT OF BUSINESS The Mayor is the presiding officer of the City Council. Any member of the public may speak on any item on the agenda for up to three minutes. All statements and questions must be addressed to the Mayor. City Council hearings serve as a venue for the discussion of sometimes divergent points of view. Please respect the opinions of others and refrain from outward expressions of emotions such as cheering or clapping. Such behavior delays the meeting and may intimidate other persons wishing to express alternate views. Loud, unruly outbursts will result in removal from the meeting. The proceedings of the meeting are recorded on audiotape and videotape; therefore, members of the audience who address the City Council must come to the lectern/microphone, and are requested to complete a Speaker Card and identify themselves. FLOWCHART FOR AGENDA ITEMS: Mayor introduces agenda 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 l City Council �> votes on the agenda item Council members report any site visits or outside communications Council members ask questions Council members ask questions Speakers submit a Request to Speak card, and are allowed up to 3 minutes per individual. Council members may ask questions of speakers. A Council member makes a motion and obtains a second. The City Council then discusses the motion(s) and votes. PUBLIC HEARINGS The City Council is required by law to hold public hearings on certain matters prior to making its decision. Notice to interested parties is given by legal advertisement in the local newspaper of general circulation at least 10 calendar days preceding the hearing date. Applications requiring public hearings include change of zoning, variances, use permits, and tentative maps. COUNCIL MEETINGS The City Council regularly meets the first and third Tuesdays of each month. These meetings are held in the Council Chamber of the Cupertino Community Hall, 10350 Torre Avenue, at 6:45 p.m. Closed sessions, when needed, are normally held at 6:00 p.m. Closed sessions cover items such as personnel, litigation, or the sale , purchase, or lease of property. Actions taken in closed sessions are not final until acted upon in public session. Urgent business , holidays, or election days may trigger special or adjourned meetings. These meetings will be noticed beforehand. AGENDAS, MINUTES, AND PACKETS AVAILABLE ON THE WEB Agendas, minutes, and packets for current and prior City Council and Planning Commission meetings are available at www.cupertino.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 CUPERTINO CITY COUNCIL 10300 Torre Avenue and 10350 Torre Avenue Tuesday, January 19, 2016 4:30 PM Special Non -televised Closed Session (4:30) Immediately Followed by a Televised Study Session; Followed by the Televised Regular Meeting (6:45); Special Public Facilities Corporation Meeting (Immediately Following Regular Meeting) NOTICE AND CALL FOR A SPECIAL MEETING (CLOSED SESSION AND STUDY SESSION) AND REGULAR MEETING OF THE CUPERTINO CITY COUNCIL, AND SPECIAL MEETING OF THE CUPERTINO PUBLIC FACILITIES CORPORATION NOTICE IS HEREBY GIVEN that a special meeting of the Cupertino City Council is hereby called for Tuesday, January 19, 2016, commencing at 4:30 p.m. for a closed session in City Hall Conference Room A, 10300 Torre Avenue, Cupertino, California 95014 and immediately followed by a study session in Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, CA 95014. Said special meeting shall be for the purpose of conducting business on the subject matters listed below under the heading, "Special Meeting." The regular meeting items will be heard at 6:45 p.m. in Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, California. The special meeting of the Cupertino Public Facilities Corporation will immediately follow the regular meeting in Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, California 95014 for the purpose of conducting business on the subject matters listed below under the heading, "Special Meeting." SPECIAL MEETING CLOSED SESSION - 4:30 PM City Hall Conference Room A, 10300 Torre Avenue 1. Subject: Conference with Legal Counsel -Anticipated Litigation: Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Government Code Section 54956.9. One case. 2. Subject: Conference with Legal Counsel -Anticipated Litigation: Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Government Code CITY OF CUPERTINO Page I City Council AGENDA January 19, 2016 Section 54956.9. Two cases. 3. Subject: Conference with Real Property Negotiators (Government Code Section 54956.8); Property: Cupertino Municipal Water System; Agency Negotiator: Timm Borden; Negotiating Parties: City of Cupertino and San Jose Water Company; Under Negotiation: Terms for City Leased Asset. STUDY SESSION - immediately following closed session Community Hall Council Chamber,10350 Torre Avenue 5. Subject: Study session regarding Economic Development Strategic Plan (EDSP) draft background report Recommended Action: Conduct study session and provide direction to staff A - Draft Report 6. Subject: Study Session to consider entering into a Memorandum of Understanding with the Rotary Club of Cupertino to renovate the Stocklmeir home and surrounding property to utilize as a non-profit center for Cupertino Recommended Action: Conduct a study session to consider the Rotary's proposal and direct staff to: 1. Put this item on a future Council agenda; 2. Provide additional information for Council consideration; or 3. Not pursue this proposal. Staff Report A - Proposal Agreement between Rotary and Citl B - Letters of Support C - Pictures of Site ADJOURNMENT REGULAR MEETING PLEDGE OF ALLEGIANCE - 6:45 PM Community Hall Council Chamber, 10350 Torre Avenue ROLL CALL CEREMONIAL MATTERS AND PRESENTATIONS 1. Subject: Update from the Technology, Information, and Communications Commission Recommended Action: Receive the update CITY OF CUPERTINO Page 2 City Council AGENDA January 19, 2016 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 December 1 City Council minutes Recommended Action: Approve the minutes A - Draft Minutes 3. Subject: Accept Accounts Payable for the period ending November 13, 2015 Recommended Action: Adopt Resolution No. 16-001 accepting Accounts Payable for the period ending November 13, 2015 A - Draft Resolution B - AP Report 4. Subject: Accept Accounts Payable for the period ending November 20, 2015 Recommended Action: Adopt Resolution No. 16-002 accepting Accounts Payable for the period ending November 20, 2015 A - Draft Resolution B - AP Report 5. Subject: Accept Accounts Payable for the period ending November 25, 2015 Recommended Action: Adopt Resolution No. 16-003 accepting Accounts Payable for the period ending November 25, 2015 A - Draft Resolution B - AP Report 6. Subject: Accept Accounts Payable for the period ending December 4, 2015 Recommended Action: Adopt Resolution No. 16-004 accepting Accounts Payable for the period ending December 4, 2015 A - Draft Resolution B - AP Report CITY OF CUPERTINO Page 3 City Council AGENDA January 19, 2016 7. Su_ bject: Accept Accounts Payable for the period ending December 11, 2015 Recommended Action: Adopt Resolution No. 16-005 accepting Accounts Payable for the period ending December 11, 2015 A - Draft Resolution B - AP Report 8. Subject: Application for Alcoholic Beverage License for Deep Cliff Golf Course, 10700 Clubhouse Lane Recommended Action: Recommend approval to the California Department of Alcoholic Beverage Control of the Application for Alcoholic Beverage License for Deep Cliff Golf Course, 10700 Clubhouse Lane Staff Report A - Application 9. Subject: Summary Vacation of a Wire Clearance Easement within the Civic Center property at 10300 Torre Avenue Recommended Action: Adopt Resolution No. 16-006 summarily vacating a wire clearance easement within the Civic Center property at 10300 Torre Avenue Staff Report A - Legal Description for Vacation of Wire Clearance Easement B - Plat Map for Vacation of Wire Clearance Easement C - Draft Resolution D - PG&E No Obiection Letter E - AT&T No Objection Letter F - Comcast No Objection Letter 10. Subject: Update on Permanent Program for Early Morning Collection of Solid Waste Containers on Select Streets in the Tri-School Area. Recommended Action: Receive report with no changes recommended to permanent program. Staff Report A — Table of Containers Removed from Select Streets Prior to and Durine B — Resident Comments Post Permanent Implementation SECOND READING OF ORDINANCES 11. Subject: Second reading of ordinance directing actions related to the formation of, and Cupertino's membership in, the Silicon Valley Clean Energy Authority (SVEA), an independent joint powers authority, which will provide a Community Choice Aggregation Program to offer clean energy alternatives for Cupertino residents and businesses CITY OF CUPERTINO Page 4 City Council AGENDA January 19, 2016 Recommended Action: 1. Conduct the second reading of the Ordinance No. 15-2138: "An Ordinance of the City Council of the City of Cupertino Authorizing the Implementation of a Community Choice Aggregation Program" to create and participate in the Silicon Valley Clean Energy Authority; and 2. Appoint a regular Director and alternate Director to the Authority's Board of Directors and direct staff to add Council's appointment to the Authority to the future Council committee assignments calendar Staff Report A -Draft Ordinance PUBLIC HEARINGS 12. Subject: Enact an Urgency Ordinance and conduct the first reading of an ordinance amending the Cupertino Municipal . Code to prohibit marijuana cultivation, dispensaries, and deliveries and commercial cannabis activities within the City of Cupertino. (Application No. MCA-2015-01; Location: City-wide; Applicant: City of Cupertino) Recommended Action: 1. Find that the proposed actions are exempt from CEQA; and 2. Enact Urgency Ordinance No. 16-2139: "An Interim Urgency Ordinance of the City Council of the City of Cupertino establishing a moratorium on Medical Marijuana Dispensaries, Marijuana Cultivation Facilities, Commercial Cannabis Activities and Medical Marijuana deliveries within the City of Cupertino pending completion of an update to the City's Zoning Code"; and 3. Conduct the first reading of Ordinance No. 16-2140: "An Ordinance of the City Council of the City of Cupertino amending Section 19.08.030 and adding Chapter 19.98 of Title 19 of the Cupertino Municipal Code regarding Medical Marijuana Dispensaries, Marijuana Cultivation Facilities, Commercial Cannabis Activities, and Medical Marijuana Deliveries" Staff Report A Draft Ordinance No 16-2139 Urgency Ordinance B Draft Ordinance No 16-2140 Marijuana Ordinance C White Paper on Medical Marijuana Dispensaries D - Santa Clara District Attorney E - PC Resolution F - PSC MJ recommendation ORDINANCES AND ACTION ITEMS 13. Subject: Order the abatement of a public nuisance (weeds) pursuant to provisions of Ordinance No. 724 and Resolution No. 15-112 CITY OF CUPERTINO Page 5 City Council AGENDA January 19, 2016 Recommended Action: Note objections and adopt Resolution No. 16-007 ordering abatement of a public nuisance (weeds) Staff Report A - Draft Resolution B - 2016 Weed Abatement Program Commencement Report C - Notice to Destroy Weeds and Program Schedule D - Letter to Property Owners E - Approved Resolution No. 15-112 14. Subject: Consideration of Proposed Lease with Verizon Wireless for a cell tower to be located on the Civic Center Property (Torre Avenue), subject to the terms of any City -issued permits Recommended Action: Adopt Resolution No. 16-008 to: 1. Authorize the City Manager to execute an Antenna Ground Lease between the City of Cupertino and GTE Mobilnet dba Verizon for a term of up to 5 years, for a cell tower to be located on the Civic Center Property, in substantially the form as presented to Council, and subject to the terms of any City -issued permits; and 2. Authorize the City Manager to negotiate and execute up to two five year (5-year) options consistent with the terms of the Lease Staff Report A - Draft Proposed Lease B - Draft Resolution - Verizon Lease.docx C - Letter from AT&T 15. Subject: An ordinance amending sections 14.04.100 and 18.56.040 of the Cupertino municipal code to provide for a limited waiver of reimbursement requirements when a property owner dedicates right-of-way for a city street improvement or facility project. Recommended Action: Conduct the first reading of Ordinance No. 16-2141: "An Ordinance of the City Council of the City of Cupertino amending Sections 14.04.100 and 18.56.040 of the Cupertino Municipal Code to provide for a limited waiver of reimbursement requirements when a property owner dedicates right-of-way for a city street improvement or facility project," to facilitate the provision of sidewalks and street widening in certain areas where pedestrians and bicyclists are prevalent. Staff Report A - Draft Ordinance B - Redline Version of Draft Ordinance 16. Subject: Proposed Initiative submitted by Cupertino Residents for Sensible Zoning Action Committee Recommended Action: Adopt Resolution No. 16-009 directing City staff to prepare a report on the effects of the Initiative pursuant to Elections Code Section 9212 CITY OF CUPERTINO Page 6 City Council AGENDA January 19, 2016 Staff Report A Notice of Intent and Proposed Initiative B City Attorney's Official Title and Summary C - Draft Resolution 17. Subject: Council committee assignments Recommended Action: Approve assignments REPORTS BY COUNCIL AND STAFF 18. Subject: Report on Committee assignments and general comments Recommended Action: Report on Committee assignments and general comments ADJOURNMENT NOTICE AND CALL FOR A SPECIAL MEETING OF THE CUPERTINO PUBLIC FACILITIES CORPORATION NOTICE IS HEREBY GIVEN that a special meeting of the Cupertino Public Facilities Corporation is hereby called for Tuesday, January 19, 2016, commencing immediately following the Cupertino City Council Regular meeting (which starts at 6:45 p.m.) in the 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 OF THE CUPERTINO PUBLIC FACILITIES CORPORATION ROLL CALL Community Hall Council Chamber,10350 Torre Avenue 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. ORDINANCES AND ACTION ITEMS 1. Subject: Approval of the City of Cupertino entering into an Antenna Ground Lease between the City and GTE Mobilnet of California Limited Partnership, a California Limited Partnership, d/b/a Verizon Wireless and Receive and File the CITY OF CUPERTINO Page 7 City Council AGENDA January 19, 201G Letter from Independent Bond Counsel, Brian Quint Finding no Tax Implications from the Lease Recommended Action: a. Receive and File the Letter from Independent Bond Counsel, Brian Quint Finding no Tax Implications from the Lease; and b. Provide consent to the City of Cupertino to permit the City to enter into an Antenna Ground Lease between the City and GTE Mobilnet of California Limited Partnership, a California Limited Partnership, d/b/a Verizon Wireless Staff Report A - Opinion Letter Thimmia Brian Cupertino Public Facilities Corporatioi ADJOURNMENT CITY OF CUPERTINO Page 8 City Council AGENDA January 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?paze=125-for a reconsideration petition form. In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend the next City Council meeting who is visually or hearing impaired or has any disability that needs special assistance should call the City Clerk's Office at 408-777-3223, 48 hours in advance of the Council meeting to arrange for assistance. Upon request, in advance, by a person with a disability, City Council meeting agendas and writings distributed for the meeting that are public records will be made available in the appropriate alternative format. Also upon request, in advance, an assistive listening device can be made available for use during the meeting. Any writings or documents provided to a majority of the Cupertino City Council after publication of the packet will be made available for public inspection in the City Clerk's Office located at City Hall, 10300 Torre Avenue, during normal business hours and in Council packet archives linked from the agenda/minutes page on the Cupertino web site. Members of the public are entitled to address the City Council concerning any item that is described in the notice or agenda for this meeting, before or during consideration of that item. If you wish to address the Council on any issue that is on this agenda, please complete a speaker request card located in front of the Council, and deliver it to the Clerk prior to discussion of the item. When you are called, proceed to the podium and the Mayor will recognize you. If you wish to address the City Council on any other item not on the agenda, you may do so by during the public comment portion of the meeting following the same procedure described above. Please limit your comments to three (3) minutes or less. CITYOFCUPERTINO Page 9 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. i 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 Interim Council admin Lisa MM@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 CALIFOPINIA CUPERTINO CITY OF CUP 6 OF sA rA CI✓.^��.� j EMPLOYEE OFFTHE /CI"I OF AGEND ENT, STATE UNDER PENi'.LI' 1 O PERJURY THAT ON (DATE) 6 (c CITY COUN�WE) z �-- �Mkz^ 10300 Torre Avenue, C' jr1ff6tHE NOTICE%AGEI` D.,,k ON Tuesday, January TIN BOARD AT CITY HALL. 3:00 PM l(, DATE SIGN' _L U RE Non -televised Special Meeting NOTICE AND MAYOR'S CALL FOR A SPECIAL MEETING OF THE CUPERTINO CITY COUNCIL - GOAL SETTING NOTICE IS HEREBY GIVEN that a special meeting of the Cupertino City Council is hereby called for Tuesday, January 12, 2016, commencing at 3:00 p.m. in the Emergency Operations Center (EOC) of Cupertino City Hall, 10300 Torre Avenue, Cupertino, CA 95014. Said special meeting shall be for the purpose of conducting business on the subject matters listed below under the heading, "Special Meeting." SPECIAL MEETING 1. ROLL CALL - 3:00 PM, 10300 Torre Avenue, City Hall EOC 2. MAYOR'S OPENING REMARKS 3. GOAL SETTING - Items to be potentially included on future City Council Agendas in 2016 4. 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. 5. ADJOURNMENT NO ACTION MAY BE TAKEN on an item on this agenda other than direction to staff to further review or prepare a report. Any proposed action regarding items must be agendized for a future regular or special City Council meeting. COMMENTS OF THE PUBLIC WILL BE TAKEN ON THESE AGENDA ITEMS BEFORE CONCLUDING DISCUSSION OF EACH ITEM. CITY OF CUPERTIA'O Page I City Council AGENDA January 12, 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 CUPERTINO OFFICE OF THE CITY CLERK CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3223 • FAX: (408) 777-3366 CUPERTINO CITY COUNCIL NOTICE OF ADJOURNMENT OF THE JANUARY 5, 2016 MEETING NOTICE IS HEREBY GIVEN that the regular meeting of the Cupertino City Council scheduled for Tuesday, January 5, 2016 was adjourned to Tuesday, January 19, 2016 at 6:45 p.m. for the purpose of conducting regular business, Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, California. Dated this 5th day of January, 2016 1 'V �sLi ,� eLt Grace Schmidt, City Clerk STATE OF CALIFORNIA SS. COUl' TY OF - TAG RA ) I; AN EM LOYEE O THE CITY OF CUPERTINO ' DEPART- TVIENT, TATE UNDER PENALTY OF PERJURY THAT ON (DATE) (TI1/1E) I PERSONALLY POSTED THE ISO R ICE%AGENDA ON THE BULLETIN BOARD AT CITY HALL. DA1 E S.GNALLL) RE