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HomeMy WebLinkAboutCity Council - Sep 2016 - July 2016STATE OF CALIFORNIA COUNTY OF SAN"IA CLARA SS. I, r �;C4 y A,f c, ) , AN EM LOYEE OFT CITY OF CUPERTINO e-/1— DEPART- MENT, STXFE UIv DER PEN ALT OF PERJURY THAT ON (Di\TE) __,2 I f (, fl (_ CUPERTINO� (TIME,) tI .t)oA v� , I PERSONALLY POSTED THE NO T ILE%AGENDA ON THE BULLETIN BOARD AT CITY HALL. SECOND AMENDED PURE AGENDA OF THE CITY COUNCIL JGI Tuesday, September 20, 2016 Non -televised Special Meeting Commission Interviews and Closed Session (4:00) Televised Regular Meeting (6:45) Savita Vaidhyanathan Barry ChangMaor Gilbert Wong Darcy Paul Vice Mayor I y Council Member Council Member \ / Randolph Hom \ City Attorney �. David Brandt �. City Manager' Staff Staff —A& im Speaker's Podium Rod Sinks Council Member / Grace Schmidt City Clerk COMMUNITY HALL COUNCIL CHAMBER 10350 TORRE AVENUE • CUPERTINO, CA 95014 TELEPHONE: (408) 777-3220 (CITY HALL) WEBSITE: www.cupertino.org .— Staff Staff CONDUCT OF BUSINESS The Mayor is the presiding officer of the City Council. Any member of the public may speak on any item on the agenda for up to three minutes. All statements and questions must be addressed to the Mayor. City Council hearings serve as a venue for the discussion of sometimes divergent points of view. Please respect the opinions of others and refrain from outward expressions of emotions such as cheering or clapping. Such behavior delays the meeting and may intimidate other persons wishing to express alternate views. Loud, unruly outbursts will result in removal from the meeting. The proceedings of the meeting are recorded on audiotape and videotape; therefore, members of the audience who address the City Council must come to the lectern/microphone, and are requested to complete a Speaker Card and identify themselves. FLOWCHART FOR AGENDA ITEMS: Mayor introduces agenda item 1 Staff reports and makes recommendation 1 Applicant or 4-1 Appellant makes presentation (up to 10 mins.) l Mayor invites members of the public to speak about the agenda item .t Mayor closes the hearing 1 City Council votes on the agenda item Council members report any site visits or outside communications Council members ask questions Council members ask questions Speakers submit a Request to Speak card, and are allowed up to 3 minutes per individual. Council members may ask questions of speakers. A Council member makes a motion and obtains a second. The City Council then discusses the motion(s) and votes. PUBLIC HEARINGS The City Council is required by law to hold public hearings on certain matters prior to making its decision. Notice to interested parties is given by legal advertisement in the local newspaper of general circulation at least 10 calendar days preceding the hearing date. Applications requiring public hearings include change of zoning, variances, use permits, and tentative maps. COUNCIL MEETINGS The City Council regularly meets the first and third Tuesdays of each month. These meetings are held in the Council Chamber of the Cupertino Community Hall, 10350 Torre Avenue, at 6:45 p.m. Closed sessions, when needed, are normally held at 6:00 p.m. Closed sessions cover items such as personnel, litigation, or the sale , purchase, or lease of property. Actions taken in closed sessions are not final until acted upon in public session. Urgent business , holidays, or election days may trigger special or adjourned meetings. These meetings will be noticed beforehand. AGENDAS, MINUTES, AND PACKETS AVAILABLE ON THE WEB Agendas, minutes, and packets for current and prior City Council and Planning Commission meetings are available at www.cupertino.or, or you can purchase the items on CD. CITY COUNCIL DECISION IS FINAL Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City's decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's office for more information or go to www. http://www.cupertino.org/index.aspx?page =125 for a reconsideration petition form. CITY OF CUPERTINO AGENDA CUPERTINO CITY COUNCIL 10300 Torre Avenue and 10350 Torre Avenue Tuesday, September 20, 2016 4:00 PM SECOND AMENDED Non -televised Special Meeting Commission Interviews and Closed Session (4:00); Followed by Televised Regular Meeting (6:45) Amended at 10:50 AM on 9/16/16 to revise the Subject description for Agenda Item No. 11. The Item staff report Subject description has also been revised to match the agenda. Amended at 9:00 AM on 9/15/16 to revise Item No. 5 Attachment G NOTICE AND CALL FOR A SPECIAL MEETING OF THE CUPERTINO CITY COUNCIL NOTICE IS HEREBY GIVEN that a special meeting of the Cupertino City Council is hereby called for Tuesday, September 20, 2016, commencing at 4:00 p.m. in City Hall Conference Room A, 10300 Torre Avenue, Cupertino, California 95014 and the regular meeting following at 6:45 p.m. in Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, California 95014. Said special meeting shall be for the purpose of conducting business on the subject matters listed below under the heading, "Special Meeting." SPECIAL MEETING ROLL CALL - 4:00 PM 10300 Torre Avenue, City Hall Conference Room A COMMISSIONS INTERVIEWS 1. Subject: Interview applicants to fill one unscheduled vacancy on the Public Safety Connnission Recommended Action: Conduct interviews and appoint one person to serve a partial term ending January 30, 2018 on the Public Safety Conunission CI T r OF CUPEHT/NO Page 1 City Council AGENDA September 20, 2016 A - Interview Schedule B - Commission Diversity Resolution C - Advisory Commissions Resolution D - Public Safety Questions E - Public Safety Applications F - Commission Attendance Report G - Current Commission List CLOSED SESSION 2. Subject: Conference with Legal Counsel - Anticipated Litigation: Significant Exposure to litigation pursuant to paragraph (2) of subdivision (d) of Gov't Code Section 54956.9 - Two Cases 3. Subject: Conference with Real Property Negotiators (Gov't Code Section 54956.8); Property: Cupertino Municipal Water System; Agency Negotiator: Timm Borden; Negotiating Parties: City of Cupertino and San Jose Water Company; Under Negotiation: Terms for City Leased Asset REGULAR MEETING PLEDGE OF ALLEGIANCE - 6:45 PM 10350 Torre Avenue, Community Hall Council Chamber ROLL CALL CEREMONIAL MATTERS AND PRESENTATIONS POSTPONEMENTS ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the council on any matter not on the agenda. Speakers are limited to three (3) minutes. In most cases, State law will prohibit the council from making any decisions with respect to a matter not listed on the agenda. CONSENT CALENDAR Unless there are separate discussions and/or actions requested by council, staff or a member of the public, it is requested that items under the Consent Calendar be acted on simultaneously. CITY OF CUPERTINO Page 2 City Council AGENDA September 20, 2016 1. Subject: Approve the September 6 City Council minutes Recommended Action: Approve the minutes A - Draft Minutes 2. Subject: Accept Accounts Payable for the period ending August 5, 2016 Recommended Action: Adopt Resolution No. 16-099 accepting Accounts Payable for the period ending August 5, 2016 A - Draft Resolution B - AP Report 3. Subject: Accept Accounts Payable for the period ending August 12, 2016 Recommended Action: Adopt Resolution No. 16-100 accepting Accounts Payable for the period ending August 12, 2016 A - Draft Resolution B - AP Report SECOND READING OF ORDINANCES 4. Subject: Development Agreement for a 122 room hotel, two mixed -use buildings with 188 apartments, and approximately 26,000 square feet of commercial space in a Planned General Commercial and Residential Zoning District. Application No(s): DA-2016-01; Applicant(s): Amy Chan (De Anza Venture, LLC); Location: 10122 Bandley Drive and 10145 De Anza Boulevard (Marina Plaza) APN# 326-34-043, 326-34-066 Recommended Action: Conduct the second reading and enact Ordinance No. 16-2148 (development agreement DA-2016-01): an "Ordinance of the City Council of the City of Cupertino approving a Development Agreement by and among the City of Cupertino, Cupertino 10145, LLC, and Marina Plaza LLC, for the Marina Plaza project at 10122 Bandley Drive and 10145 North De Anza Boulevard" Staff Report A - Draft Ordinance B - Development Agreement C - Redline version of development agreement PUBLIC HEARINGS 5. Subject: Appeal of Kimberly Sandstrom Appeal Regarding Eligibility to Purchase Below Market Rate (BMR) Unit (Continued from September 6) Recommended Action: Approve Resolution No. 16-101 regarding the appeal of Ms. Kimberly Sandstrom and affirming the recommendation of the Housing Commission regarding the eligibility of Ms. Sandstrom to purchase a BMR unit CITY OF CUPERTINO Page 3 City Council AGENDA September20, 2016 Staff Report A- Summary of Conflict of Interest Investigation B- Draft Resolution C- Housing Commission Resolution 16-06 D- Excerpts from BMR Manual Regarding Income Calculation E- Referenced Regluations (24 CFR 5.609(b) and (c) F- Technical Guide for Determining Income G- Attachments and Other Documents Provided by ppellant 6. Subject: Municipal Code Amendments to Chapter 1.10 (Administrative Citations, Fines, and Penalties), Chapter 19.08 (Definitions), Chapter 19.12 (Administration), Chapter 19.28 (Single -Family Residential (R-1) Zones), Chapter 19.32 (Residential Duplex (R-2) Zones), Chapter 19.56 (Density Bonus), and Chapter 19.104 (Signs) for language clarifications, compliance with State Law, and internal consistency. Application No(s): MCA-2016-01; Applicant(s): City of Cupertino; Location: citywide Recommended Action: Conduct the first reading of Ordinance No. 16-2149: "An ordinance of the City Council of the City of Cupertino amending Title 1, Chapter 1.10, to add Section 1.10.055, "Recording Notice of Violations"; amending Title 19, Chapter .19.08, Section 19.08.030 "Definitions", amending. Chapter 19.12 Section 19.12.080 "Application Process" and Section 19.12.180 "Expiration, Extension and Revocation", amending Chapter 19.28 Section 19.28.120, "Landscape Requirements", amending Chapter 19.32 Section 19.32.010 "Purpose", repealing and replacing Chapter 19.56, "Density Bonus", and amending Chapter 19.104 to add Section 19.104.205, "Message Substitution"; related to permits, procedures, and requirements of the code to conform to law, ensure internal consistency, and provide clarification" Staff Report A - Draft Ordinance B - Planning Commission Resolution #6801 C - Redlined Chapters 7. Subject: Consider amendments to Chapter 19.124, Parking Regulations, of the Cupertino Municipal Code. The amendment includes allowing modifications and improvements to legal non -conforming single family garages. The proposed amendment will also include updates to the standards for bicycle parking and facilities consistent with the City of Cupertino 2016 Bicycle Transportation Plan adopted on June 21, 2016. Application No(s).: MCA-2016-02; Applicant(s): City of Cupertino; Location: citywide CITY of cuPERTINo Page 4 City Council AGENDA September 20, 2016 Recommended Action: Conduct the first reading of Ordinance No. 16-2150: "An Ordinance of the City Council of the City of Cupertino amending Title 19, Chapter 19.124 Section 19.124.030 "Regulations for Parking and Keeping Vehicles in Various Zones" and Section 19.124.040 "Regulations for Off -Street Parking", regarding legal non -conforming single-family garages, and making standards for bicycle parking and facilities consistent with the City of Cupertino 2016 Bicycle Transportation Plan" Staff Report A - Draft Ordinance B - Planning Commission Resolution #6816 C - Redlined Chapter ORDINANCES AND ACTION ITEMS 8. Subj ect: Establishment of Friendship City Relationships Recommended Action: Review and consider applications establishing Friendship City relationships with Nanjing, People's Republic of China; Changzhou, People's Republic of China; Chengdu, People's Republic of China; Hefei, People's Republic of China; Taipei, People's Republic of China; and Taizhou, People's Republic of China Staff Report A - Cupertino -Nanjing Friendship City Application B - Cupertino-Changzhou Friendship City Application C - Cupertino -Chengdu Friendship CitLpplication D - Cupertino -Taipei Friendship CityApplication E - Cupertino-Taizhou Friendship City Application F - Sample Friendship CityAgreement 9. Subject: Update on regional minimum wage efforts and introduction of Ordinance establishing a citywide minimum wage Recommended Action: Receive an update on regional minimum wage efforts and conduct the first reading of Ordinance No. 16-2151: "An Ordinance of the City Council of the City of Cupertino to add Chapter 3.37 (Minimum Wage Ordinance) to Title 3 (Revenue and Finance) of the Cupertino Municipal Code to establish a citywide minimum wage" Staff Report A - Draft Minimum Wage Ordinance B - Economic Analysis C - Letter from Santa Clara County Cities Association (July 27, 2016) 10. Subject: A moratorium on the establishment, expansion, or relocation of payday lending and check cashing businesses within the City of Cupertino CITY OF CUPERTINO Page 5 City Council AGENDA September 20, 2016 Recommended Action: Enact Interim Urgency Ordinance No. 16-2152: " An Interim Urgency Ordinance of the City Council of the City of Cupertino establishing a moratorium on the establishment, expansion, or relocation of payday lending and check cashing businesses within the City of Cupertino pending completion of an update to the City's Zoning Code" Staff Report A - Draft Interim Urgency Ordinance B - Coalition Against Payday Preditors Letter (March 2016) 11. Subject: Proposed Amendments to Policy Administering Deed -Restricted Affordable Housing Units Recommended Action: Adopt Resolution No. amendments to the Policy and Procedures Manual fo Affordable Housing Units Staff Report A - Draft Resolution B - Redline BMR Administrative Manual C- Housing Commission Resolution 16-06 REPORTS BY COUNCIL AND STAFF and Procedures Manual for 16-102 adopting the proposed Administering Deed Restricted 12. Subject: Report on Committee assignments and general comments Recommended Action: Report on Committee assignments and general comments ADJOURNMENT CITYOF CUPERTINO Page 6 City Council AGENDA September 20, 2016 The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6; litigation challenging a final decision of the City Council must be brought within 90 days after a decision is announced unless a shorter time is required by State or Federal law. Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City's decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's office for more information or go to http://Www.Cupertino.orglindex.aspx?page=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 7 THE CITY COUNCIL AND STAFF CITY COUNCIL Cupertino is a General Law It five -member City city organized under and overla Y Council with the Mayoras the subject to statutes of the State of California. PPing terms. Each November Presiding tuber a mayor and g °fficer. City Council members are elected at'lagOVerned b The Cit a vice -mayor are selected b Y the Y Council receives advice and assistance from Y the City at -large to four - Bicycle Pedestrian Co Y Council for a one- Year, Recreation Commission, Fine m nine commissions, Year term. Commission, Arts Commission, Cue which are appointed b Information, Planning Commission, Public Safety rtmo Housing Y the Council. These are the and Communications Cog Commission, Library Commission, Parks and Council members also sere mission, and Association of Ba a °n a variet the Technology, Y Area Govern y °f regional bodies, including: League of California Cities ments Santa Clara County (SCC) Cities Association SCC Emergency Preparedness Council SCC Library District SCC Emergency Preparedness Santa Clara Valley Water Commission Commission and Water District SCC Transportation Authority West Valley Mayors and Managers STAFF The City Manager and and car the City Attorney are appointed b many activities of the city Policies and direction, e the Council. The City Council as a ty and a and as the chief administrative ofl, Manager is responsible for interpreting technical staff. the City Manager coordinates the The City Attorney is the advisor to the :.. City TYPES OF COUNCIL ACTIONS ORDINANCES Ordinances are the means by which the city enacts its local laws. adoption Ordinances g as a "first reading." Unless an urgent situation exists, ordinances the ordinance is go into effect after g At a subsequent Council Published in a local newspaper period of thirty meeting there will be a will first be RESOLUTIONS Paper approved for this Pu days, in most cases, second reading Purpose. during which time the summary and Resolutions and minute rY of actions. These orders are the means b go into effect when ado Y which the City Council formal) APPEALS adopted. Y adopts policies or approves specific Any interested person, Development decision including a Council of the to the City member, may appeal a mailing of the notice of the decision. appeal must be sub Planning Commission mined in writin mission or Director of Co RECONSIDERATION g to the City Clerk within 14 Community Prior calendar days to seeking judicial review of reconsideration within ten calendar adjudicator petitions days of Y (quasi-judicial) decision, interested must comply with the re Y the date the ` more information or requirements of Cue City Clerk mails notice of persons must file a awl. E. go to www. htt P rtmo ails the City's decision. petition for P://www.cupertino.or pal Code §2,pg 096 Reconsideration g/index.aspx?page=125 for a reconsContider t onct the ity Clerk's office for 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 STATE OF CALIFMRINIA CUPERTINO COUNTY OF S21), I, - ) Eibii� OYES OFT u qI AN CITY Or CUPEIC"p;o �e / DEPAP_.= N1ENT, STATE UNDER PEN•XLTY OF PERJURY THAT ON (DivrE) 9 6 TIN1E -7: ? e t°.�t I PE NA L Y POSTED TILE NOTICE%AGENDA ON TI I E BULLETIN BOARD AT CITY HALT._ 711,4 %/G T,r'T E AGENDA OF THE CITY COUNCIL SIGN U =, Tuesday, September 20, 2016 Non -televised Special Meeting Commission Interviews and Closed Session (4:00) Televised Regular Meeting (6:45) Savita Vaidhyanathan Barry Chang Darcy Paul Mayor Gilbert Wong Council Member Vice Mayor I Council Member Randolph Hom \ City Attorney David Brandt City Manager Staff _, Staff — 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 11 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: F—Ma.yor=ucese 1 Staff reports and makes recommendation Applicant or Appellant makes presentation (up to 10 mins.) 7 Mayor invites members of 41 the public to speak about the agenda item 1 Mayor closes the hearing 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. XA Council member makes a motion and obtains a second. City Council votes on the The City Council then discusses the agenda it 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 Council AGENDA September 20, 2016 A - Draft Resolution B - AP Report 3. Subject: Accept Accounts Payable for the period ending August 12, 2016 Recommended Action: Adopt Resolution No. 16-100 accepting Accounts Payable for the period ending August 12, 2016 A - Draft Resolution B - AP Report SECOND READING OF ORDINANCES 4. Subject: Development Agreement for a 122 room hotel, two mixed -use buildings with 188 apartments, and approximately . 26,000 square feet of commercial space in a Planned General Commercial and Residential Zoning District. Application No(s): DA-2016-01; Applicant(s): Amy Chan (De Anza Venture, LLC); Location: 10122 Bandley Drive and 10145 De Anza Boulevard (Marina Plaza) APN# 326-34-043, 326-34-066 Recommended Action: Conduct the second reading and enact Ordinance No. 16-2148 (development agreement DA-2016-01): an "Ordinance of the City Council of the City of Cupertino approving a Development Agreement by and among the City of Cupertino, Cupertino 10145, LLC, and Marina Plaza LLC, for the Marina Plaza project at 10122 Bandley Drive and 10145 North De Anza Boulevard" Staff Report A - Draft Ordinance B - Development Agreement C - Redline version of development agreement PUBLIC HEARINGS 5. SubjeCt: Appeal of Kimberly Sandstrom Appeal Regarding Eligibility to Purchase Below Market Rate (BMR) Unit (Continued from September 6) Recommended Action: Approve Resolution No. 16-101 regarding the appeal of Ms. Kimberly Sandstrom and affirming the recommendation of the Housing Commission regarding the eligibility of Ms. Sandstrom to purchase a BMR unit Staff Report A- Summary of Conflict of Interest Investigation B- Draft Resolution C- Housing Commission Resolution 16-06 D- Excerpts from BMR Manual Regarding Income Calculation E- Referenced Re luations (24 CFR 5 609(b) and (c) F- Technical Guide for Determining Income G- Letters of Appeal and Other Document Provided by Appellant CITY OF CUPERTINO Page 3 City Council AGENDA September 20, 2016 6. Subject: Municipal Code Amendments to Chapter 1.10 (Administrative Citations, Fines, and Penalties), Chapter 19.08 (Definitions), Chapter 19.12 (Administration), Chapter 19.28 (Single -Family Residential (R-1) Zones), Chapter 19.32 (Residential Duplex (R-2) Zones), Chapter 19.56 (Density Bonus), and Chapter 19.104 (Signs) for language clarifications, compliance with State Law, and internal consistency. Application No(s): MCA-2016-01; Applicant(s): City of Cupertino; Location: citywide Recommended Action: Conduct the first reading of Ordinance No. 16-2149: "An ordinance of the City Council of the City of Cupertino amending Title 1, Chapter 1.10, to add Section 1.10.055, "Recording Notice of Violations"; amending Title 19, Chapter 19.08, Section 19.08.030 "Definitions", amending Chapter 19.12 Section 19.12.080 "Application Process" and Section 19.12.180 "Expiration, Extension and Revocation", amending Chapter 19.28 Section 19.28.120, "Landscape Requirements", amending Chapter 19.32 Section 19.32.010 "Purpose", repealing and replacing Chapter 19.56, "Density Bonus", and amending Chapter 19.104 to add Section 19.104.205, "Message Substitution"; related to permits, procedures, and requirements of the code to conform to law, ensure internal consistency, and provide clarification" Staff Report A - Draft Ordinance B Planning Commission Resolution #6801 C - Redlined Chapters 7. Subject: Consider amendments to Chapter 19.124, Parking Regulations, of the Cupertino Municipal Code. The amendment includes allowing modifications and improvements to legal non -conforming single family garages. The proposed amendment will also include updates to the standards for bicycle parking and facilities consistent with the City of Cupertino 2016 Bicycle Transportation Plan adopted on June 21, 2016. Application No(s).: MCA-2016-02; Applicant(s): City of Cupertino; Location: citywide Recommended Action: Conduct the first reading of Ordinance No. 16-2150: "An Ordinance of the City Council of the City of Cupertino amending Title 19, Chapter 19.124 Section 19.124.030 "Regulations for Parking and Keeping Vehicles in Various Zones" and Section 19.124.040 "Regulations for Off -Street Parking", regarding legal non -conforming single-family garages, and making standards for bicycle parking and facilities consistent with the City of Cupertino 2016 Bicycle Transportation Plan" Staff Report A - Draft Ordinance B Planning Commission Resolution #6816 C - Redlined Chapter CITY OF CUPERTINO Page 4 CITY OF CUPERTINO AGENDA CUPERTINO CITY COUNCIL 10300 Torre Avenue and 10350 Torre Avenue Tuesday, September 20, 2016 4:00 PM Non -televised Special Meeting Commission Interviews and Closed Session (4:00); Followed by Televised Regular Meeting (6:45) NOTICE AND CALL FOR A SPECIAL MEETING OF THE CUPERTINO CITY COUNCIL NOTICE IS HEREBY GIVEN that a special meeting of the Cupertino City Council is hereby called for Tuesday, September 20, 2016, commencing at 4:00 P.M. in City Hall Conference Room A, 10300 Torre Avenue, Cupertino, California 95014 and the regular meeting following at 6:45 p.m. in Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, California 95014. Said special meeting shall be for the purpose of conducting business on the subject matters listed below under the heading, "Special Meeting." SPECIAL MEETING ROLL CALL - 4:00 PM 10300 Torre Avenue, City Hall Conference Room A COMMISSIONS INTERVIEWS 1. Su_ bject: Interview applicants to fill one unscheduled vacancy on the Public Safety Commission Recommended Action: Conduct interviews and appoint one person to serve a partial term ending January 30, 2018 on the Public Safety Commission A - Interview Schedule B - Commission Diversity Resolution C - Advisory Commissions Resolution D - Public Safety Questions E - Public SafetyApplications F - Commission Attendance Report G - Current Commission List CLOSED SESSION CITYOF CUPERTINO Page I City Council AGENDA September 20, 2016 2. Subject: Conference with Legal Counsel - Anticipated Litigation: Significant Exposure to litigation pursuant to paragraph (2) of subdivision (d) of Gov't Code Section 54956.9 - Two Cases 3. Subject: Conference with Real Property Negotiators (Gov't Code Section 54956.8); Property: Cupertino Municipal Water System; Agency Negotiator: Timm Borden; Negotiating Parties: City of Cupertino and San Jose Water Company; Under Negotiation: Terms for City Leased Asset ADJOURNMENT REGULAR MEETING PLEDGE OF ALLEGIANCE - 6:45 PM 10350 Torre Avenue, Community Hall Council Chamber ROLL CALL CEREMONIAL MATTERS AND PRESENTATIONS POSTPONEMENTS ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the council on any matter not on the agenda. Speakers are limited to three (3) minutes. In most cases, State law will prohibit the council from making any decisions with respect to a matter not listed on the agenda. CONSENT CALENDAR Unless there are separate discussions and/or actions requested by council, staff or a member of the public, it is requested that items under the Consent Calendar be acted on simultaneously. 1. Subject: Approve the September 6 City Council minutes Recommended Action: Approve the minutes A - Draft Minutes 2. Subject: Accept Accounts Payable for the period ending August 5, 2016 Recommended Action: Adopt Resolution No. 16-099 accepting Accounts Payable for the period ending August 5, 2016 CITY OF CUPERTINO Page 2 City Council AGENDA September 20, 2016 ORDINANCES AND ACTION ITEMS 8. Subject: Establishment of Friendship City Relationships Recommended Action: Review and consider applications establishing Friendship City relationships with Nanjing, People's Republic of China; Changzhou, People's Republic of China; Chengdu, People's Republic of China; Hefei, People's Republic of China; Taipei, People's Republic of China; and Taizhou, People's Republic of China Staff Report A - Cupertino -Nanjing Friendship City Application B - Cupertino-Changzhou Friendship City Application C - Cupertino -Chengdu Friendship City Application D - Cupertino -Taipei Friendship City Application E - Cupertino-Taizhou Friendship CityApplication F - Sample Friendship City Agreement 9. Subject: Update on regional minimum wage efforts and introduction of Ordinance establishing a citywide minimum wage Recommended Action: Receive an update on regional minimum wage efforts and conduct the first reading of Ordinance No. 16-2151: "An Ordinance of the City Council of the City of Cupertino to add Chapter 3.37 (Minimum Wage Ordinance) to Title 3 (Revenue and Finance) of the Cupertino Municipal Code to establish a citywide minimum wage" Staff Report A - Draft Minimum Wage Ordinance B - Economic Analysis C - Letter from Santa Clara Countv Cities Association (July 27 2016) 10. Subject: A moratorium on the establishment, expansion, or relocation of payday lending and check cashing businesses within the City of Cupertino Recommended Action: Enact Interim Urgency Ordinance No. 16-2152: " An Interim Urgency Ordinance of the City Council of the City of Cupertino establishing a moratorium on the establishment, expansion, or relocation of payday lending and check cashing businesses within the City of Cupertino pending completion of an update to the City's Zoning Code" Staff Report A - Draft Interim Urgency Ordinance B - Coalition Against Payday Preditors Letter (March 2016) 11. Subject: Propose additional amendments to the Appeal Process within the Policy and Procedures Manual for Administering Deed -Restricted Affordable Housing Units (the BMR Manual), including the City Council's suggestion to amend CITY OF CUPERTINO Page 5 City Council AGENDA September 20, 2016 Section 2.3 for Priority Point Placement System to add preferences for teachers and other public employees Recommended Action: Adopt Resolution No. 16-102 adopting the proposed amendments to the Policy and Procedures Manual for Administering Deed Restricted Affordable Housing Units Staff Report A - Draft Resolution B - Redline BMR Administrative Manual C Housing Commission Resolution 16-06 REPORTS BY COUNCIL AND STAFF 12. Subject: Report on Committee assignments and general comments Recommended Action: Report on Committee assignments and general comments ADJOURNMENT CITY OF CUPERTINO Page 6 City Council AGENDA September 20, 2016 The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6; litigation challenging a final decision of the City Council must be brought within 90 days after a decision is announced unless a shorter time is required by State or Federal law. Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City's decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's office for more information or go to http://www.cupertino.orglindex.aspx?page=125for a reconsideration petition form. In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend the next City Council meeting who is visually or hearing impaired or has any disability that needs special assistance should call the City Clerk's Office at 408-777-3223, 48 hours in advance of the Council meeting to arrange for assistance. Upon request, in advance, by a person with a disability, City Council meeting agendas and writings distributed for the meeting that are public records will be made available in the appropriate alternative format. Also upon request, in advance, an assistive listening device can be made available for use during the meeting. Any writings or documents provided to a majority of the Cupertino City Council after publication of the packet will be made available for public inspection in the City Clerk's Office located at City Hall, 10300 Torre Avenue, during normal business hours and in Council packet archives linked from the agenda/minutes page on the Cupertino web site. Members of the public are entitled to address the City Council concerning any item that is described in the notice or agenda for this meeting, before or during consideration of that item. If you wish to address the Council on any issue that is on this agenda, please complete a speaker request card located in front of the Council, and deliver it to the Clerk prior to discussion of the item. When you are called, proceed to the podium and the Mayor will recognize you. If you wish to address the City Council on any other item not on the agenda, you may do so by during the public comment portion of the meeting following the same procedure described above. Please limit your comments to three (3) minutes or less. CITY OF CUPERTINO Page 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 S ,-:--VrL OF CALIFORNIA -.J Y OF SANTA CLARA ) SS. CITY OF CUPERTINAN 'LOYEE OF THE CITY OF CUPERTINO AGENDA = - t C -4p �DEPART ATE UNDER R PEN4LTY OF CUPERTINO �',-f<, HAT ON (DATE) .� r CITY COUNC; L;, 3' 3 o p/L l I PERSONALLY 10300 Torre Avenue, City Hall ConfeeelQ l&jin�i 6 GNICE/AGENDA ON THE Wednesday, Septembe 14,` z f6TIN BOA R D AT CITY HALL. 11:30 AM It Non -televised Special Meeting Closed Session (11:30 AM) SivN URE NOTICE AND CALL FOR A SPECIAL MEETING OF THE CUPERTINO CITY COUNCIL NOTICE IS HEREBY GIVEN that a special meeting of the Cupertino City Council is hereby called for Wednesday, September 14, 2016, commencing at 11:30 a.m. in City Hall Conference Room D, 10300 Torre Avenue, Cupertino, California 95014. Said special meeting shall be for the purpose of conducting business on the subject matters listed below under the heading, "Special Meeting." SPECIAL MEETING ROLL CALL -11:30 AM 10300 Torre Avenue, City Hall Conference Room D CLOSED SESSION 1. Subject: Public Employee Performance Evaluation (Gov't Code Section 54957). Title: City Manager 2. Su_ bject: Public Employee Performance Evaluation (Gov't Code Section 54957). Title: City Attorney ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the council on any matter not on the agenda. Speakers are limited to three (3) minutes. In most cases, State law will prohibit the council from making any decisions with respect to a matter not listed on the agenda. ADJOURNMENT 131 y OF CUPERTINO Page I City Council AGENDA September 14, 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 ysr • OFFICE OF THE CITY CLERK CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3223 www.cupertino.org CUPERTINO CITY COUNCIL NOTICE OF SEPTEMBER 6, 2016 CONTINUATION OF PUBLIC HEARING ITEM TO SEPTEMBER 20 AT 6:45 PM NOTICE IS HEREBY GIVEN that the following public hearing item was continued from September 6, 2016 to the regular meeting of the Cupertino City Council of September 20, 2016 at 6:45 p.m. for purposes of continued public hearing, consideration, deliberation, and decision: Appeal of Kimberly Sandstrom Appeal Regarding Eligibility to Purchase Below Market Rate (BMR) Unit. The meeting will be held in the Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, California. - Dated this 6th day of September, 2016 Grace Schmidt, City Clerk STATE OF CALIFORNIA COUNTY OF S CLA S5. I' 1 ) AN EMPLQ EE OF HE CITY OF CUPERTINO MENT, ATE UNDER PENALTYARTOF PERJURY THAT ON (ND �T�� (TIME) C`t `off ''+�'��i ONALLY POSTED THE NC TIcE/AG i , ON THE BULLETIN BOARD AT . CITY HALL. DATE SiI—'— I `'REo �l STATE OF CALIF C COUNTY 01-1, si'l-1. )SS. N La&4,e,,� AN 'l-T;1Y OF --r[No E ily E i- 0 F - C U P IL. .- t1A 04_ D E IPA R: OF THAT ON (DATE) CUPERTINO A�L_ -7- 1 1 P E P 0 NA FLY THE N- _7777 G El N A T E BULLETIN BOIA..- AT CITY fftiLL. K7 AMENDED AL AGENDA OF THE CITY COUNCIL i�� Tuesday, September 20,2016 Non -televised Special Meeting Commission Interviews and Closed Session (4:00) Staff Televised Regular Meeting (6:45) Savita Vaidhyanathan Barry Chang Gilbert Wong Darcy Paul Vice Mayor Mayor Council Member Council Member Randolph Horn City Attorney David Brandt City Manager Staff Speaker's Podium Rod Sinks Council Member RI / Grace Schmidt k" �� City Clerk COMMUNITY HALL COUNCIL CHAMBER 10350 TORRE AVENUE - CUPERTINO, CA 95014 TELEPHONE: (408) 777-3220 (CITY HALL) WEBSITE: www.cupertino.org — Staff Staff CONDUCT OF BUSINESS The Mayor is the presiding officer of the City Council. Any member of the public may speak on any item on the agenda for up to three minutes. All statements and questions must be addressed to the Mayor. City Council hearings serve as a venue for the discussion of sometimes divergent points of view. Please respect the opinions of others and refrain from outward expressions of emotions such as cheering or clapping. Such behavior delays the meeting and may intimidate other persons wishing to express alternate views. Loud, unruly outbursts will result in removal from the meeting. The proceedings of the meeting are recorded on audiotape and videotape; therefore, members of the audience who address the City Council must come to the lectern/microphone, and are requested to complete a Speaker Card and identify themselves. FLOWCHART FOR AGENDA ITEMS: Mayor introduces agenda item 1 Staff reports and makes �f recommendation 1 Applicant or Appellant makes presentation (up to 10 mins.) 1 Mayor invites members of the public to speak about the agenda item It Mayorcloses the hearing 1 City Council votes on the agenda item Council members report any site visits or outside communications Council members ask questions Council members ask questions Speakers submit a Request to Speak card, and are allowed up to 3 minutes per individual. Council members may ask questions of speakers. A Council member makes a motion and obtains a second. The City Council then discusses the motion(s) and votes. PUBLIC HEARINGS The City Council is required by law to hold public hearings on certain matters prior to making its decision. Notice to interested parties is given by legal advertisement in the local newspaper of general circulation at least 10 calendar days preceding the hearing date. Applications requiring public hearings include change of zoning, variances, use permits, and tentative maps. COUNCIL MEETINGS The City Council regularly meets the first and third Tuesdays of each month. These meetings are held in the Council Chamber of the Cupertino Community Hall, 10350 Torre Avenue, at 6:45 p.m. Closed sessions, when needed, are normally held at 6:00 p.m. Closed sessions cover items such as personnel, litigation, or the sale , purchase, or lease of property. Actions taken in closed sessions are not final until acted upon in public session. Urgent business , holidays, or election days may trigger special or adjourned meetings. These meetings will be noticed beforehand. AGENDAS, MINUTES, AND PACKETS AVAILABLE ON THE WEB Agendas, minutes, and packets for current and prior City Council and Planning Commission meetings are available at www.cupertino.org, or you can purchase the items on CD. CITY COUNCIL DECISION IS FINAL Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City's decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's office for more information or go to www. http://www.cupertino.org/index.aspx?page =125 for a reconsideration petition form. CITY OF CUPERTINO AGENDA CUPERTINO CITY COUNCIL 10300 Torre Avenue and 10350 Torre Avenue Tuesday, September 20, 2016 4:00 PM AMENDED Non -televised Special Meeting Commission Interviews and Closed Session (4:00); Followed by Televised Regular Meeting (6:45) Amended at 9:00 AM on 9/15/16 to revise Item No. 5 Attachment G NOTICE AND CALL FOR A SPECIAL MEETING OF THE CUPERTINO CITY COUNCIL NOTICE IS HEREBY GIVEN that a special meeting of the Cupertino City Council is hereby called for Tuesday, September 20, 2016, commencing at 4:00 p.m. in City Hall Conference Room A, 10300 Torre Avenue, Cupertino, California 95014 and the regular meeting following at 6:45 p.m. in Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, California 95014. Said special meeting shall be for the purpose of conducting business on the subject matters listed below under the heading, "Special Meeting." SPECIAL MEETING ROLL CALL - 4:00 PM 10300 Torre Avenue, City Hall Conference Room A COMMISSIONS INTERVIEWS 1. Subject: Interview applicants to fill one unscheduled vacancy on the Public Safety Commission Recommended Action: Conduct interviews and appoint one person to serve a partial term ending January 30, 2018 on the Public Safety Commission A - Interview Schedule B - Commission Diversity Resolution C - Advisory Commissions Resolution D - Public Safety Questions E - Public Safety Applications F - Commission Attendance Report G - Current Commission List CITY OF CUPERTINO Page 1 City Council AGENDA September 20, 2016 CLOSED SESSION 2. Subject: Conference with Legal Counsel - Anticipated Litigation: Significant Exposure to litigation pursuant to paragraph (2) of subdivision (d) of Gov't Code Section 54956.9 - Two Cases 3. Subject: Conference with Real Property Negotiators (Gov't Code Section 54956.8); Property: Cupertino Municipal Water System; Agency Negotiator: Timm Borden; Negotiating Parties: City of Cupertino and San Jose Water Company; Under Negotiation: Terms for City Leased Asset ADJOURNMENT REGULAR MEETING PLEDGE OF ALLEGIANCE - 6:45 PM 10350 Torre Avenue, Community Hall Council Chamber ROLL CALL CEREMONIAL MATTERS AND PRESENTATIONS POSTPONEMENTS ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the council on any matter not on the agenda. Speakers are limited to three (3) minutes. In most cases, State law will prohibit the council from making any decisions with respect to a matter not listed on the agenda. CONSENT CALENDAR Unless there are separate discussions and/or actions requested by council, staff or a member of the public, it is requested that items under the Consent Calendar be acted on simultaneously. 1. Subject: Approve the September 6 City Council minutes Recommended Action: Approve the minutes A - Draft Minutes 2. Subject: Accept Accounts Payable for the period ending August 5, 20 t 6 Recommended Action: Adopt Resolution No. 16-099 accepting Accounts Payable for the period ending August 5, 2016 CITY OF CUPERTINO Page 2 City Council AGENDA September 20, 2016 A - Draft Resolution B - AP Report 3. Subject: Accept Accounts Payable for the period ending August 12, 2016 Recommended Action: Adopt Resolution No. 16-100 accepting Accounts Payable for the period ending August 12, 2016 A - Draft Resolution B - AP Report SECOND READING OF ORDINANCES 4. Subject: Development Agreement for a 122 room hotel, two mixed -use buildings with 188 apartments, and approximately 26,000 square feet of commercial space in a Planned General Commercial and Residential Zoning District. Application No(s): DA-2016-01; Applicant(s): Amy Chan (De Anza Venture, LLC); Location: 10122 Bandley Drive and 10145 De Anza Boulevard (Marina Plaza) APN# 326-34-043, 326-34-066 Recommended Action: Conduct the second reading and enact Ordinance No. 16-2148 (development agreement DA-2016-01): an "Ordinance of the City Council of the City of Cupertino approving a Development Agreement by and among the City of Cupertino, Cupertino 10145, LLC, and Marina Plaza LLC, for the Marina Plaza project at 10122 Bandley Drive and 10145 North De Anza Boulevard" Staff Report A - Draft Ordinance B - Development Agreement C - Redline version of development agreement PUBLIC HEARINGS 5. Subject: Appeal of Kimberly Sandstrom Appeal Regarding Eligibility to Purchase Below Market Rate (BMR) Unit (Continued from September 6) Recommended Action: Approve Resolution No. 16-101 regarding the appeal of Ms. Kimberly Sandstrom and affirming the recommendation of the Housing Commission regarding the eligibility of Ms. Sandstrom to purchase a BMR unit Staff Report A- Summary of Conflict of Interest Investigation B- Draft Resolution C- Housing Commission Resolution 16-06 D- Excerpts from BMR Manual Regarding Income Calculation E- Referenced Regluations (24 CFR 5.609(b) and (c) F- Technical Guide for Determining Income G- Attachments and Other Documents Provided by ADDellant CITY OF CUPERTINO Page 3 City Council AGENDA September 20, 2016 6. Subject: Municipal Code Amendments to Chapter 1.10 (Administrative Citations, Fines, and Penalties), Chapter 19.08 (Definitions), Chapter 19.12 (Administration), Chapter 19.28 (Single -Family Residential (R-1) Zones), Chapter 19.32 (Residential Duplex (R-2) Zones), Chapter 19.56 (Density Bonus), and Chapter 19.104 (Signs) for language clarifications, compliance with State Law, and internal consistency. Application No(s): MCA-2016-01; Applicant(s): City of Cupertino; Location: citywide Recommended Action: Conduct the first reading of Ordinance No. 16-2149: "An ordinance of the City Council of the City of Cupertino amending Title 1, Chapter 1.10, to add Section 1.10.055, "Recording Notice of Violations"; amending Title 19, Chapter 19.08, Section 19.08.030 "Definitions", amending Chapter 19.12 Section 19.12.080 "Application Process" and Section 19.12.180 "Expiration, Extension and Revocation", amending Chapter 19.28 Section 19.28.120, "Landscape Requirements", amending Chapter 19.32 Section 19.32.010 "Purpose", repealing and replacing Chapter 19.56, "Density Bonus", and amending Chapter 19.104 to add Section 19.104.205, "Message Substitution"; related to permits, procedures, and requirements of the code to conform to law, ensure internal consistency, and provide clarification" Staff Report A - Draft Ordinance B - Planniniz Commission Resolution #6801 C - Redlined Chanters 7. Subject: Consider amendments to Chapter 19.124, Parking Regulations, of the Cupertino Municipal Code. The amendment includes allowing modifications and improvements to legal non -conforming single family garages. The proposed amendment will also include updates to the standards for bicycle parking and facilities consistent with the City of Cupertino 2016 Bicycle Transportation Plan adopted on June 21, 2016. Application No(s).: MCA-2016-02; Applicant(s): City of Cupertino; Location: citywide Recommended Action: Conduct the first reading of Ordinance No. 16-2150: "An Ordinance of the City Council of the City of Cupertino amending Title 19, Chapter 19.124 Section 19.124.030 "Regulations for Parking and Keeping Vehicles in Various Zones" and Section 19.124.040 "Regulations for Off -Street Parking", regarding legal non -conforming single-family garages, and making standards for bicycle parking and facilities consistent with the City of Cupertino 2016 Bicycle Transportation Plan" Staff Report A - Draft Ordinance B - Planning Commission Resolution #6816 C - Redlined Chapter CITY OF CUPERTINO Page 4 City Council AGENDA September 20, 2016 ORDINANCES AND ACTION ITEMS 8. Subject: Establishment of Friendship City Relationships Recommended Action: Review and consider applications establishing Friendship City relationships with Nanjing, People's Republic of China; Changzhou, People's Republic of China; Chengdu, People's Republic of China; Hefei, People's Republic of China; Taipei, People's Republic of China; and Taizhou, People's Republic of China Staff Report A - Cupertino -Nanjing Friendship City Application B - Cupertino-Changzhou Friendship City pplication C - Cupertino -Chengdu Friendship City Application D - Cupertino -Taipei Friendship City Application E - Cupertino-Taizhou Friendship City pplication F - Sample Friendship City Agreement 9. Subject: Update on regional minimum wage efforts and introduction of Ordinance establishing a citywide minimum wage Recommended Action: Receive an update on regional minimum wage efforts and conduct the first reading of Ordinance No. 16-2151: "An Ordinance of the City Council of the City of Cupertino to add Chapter 3.37 (Minimum Wage Ordinance) to Title 3 (Revenue and Finance) of the Cupertino Municipal Code to establish a citywide minimum wage" Staff Report A - Draft Minimum Wage Ordinance B - Economic Analysis C - Letter from Santa Clara Countv Cities Association (July 27, 2016) 10. Subject: A moratorium on the establishment, expansion, or relocation of payday lending and check cashing businesses within the City of Cupertino Recommended Action: Enact Interim Urgency Ordinance No. 16-2152: " An Interim Urgency Ordinance of the City Council of the City of Cupertino establishing a moratorium on the establishment, expansion, or relocation of payday lending and check cashing businesses within the City of Cupertino pending completion of an update to the City's Zoning Code" Staff Report A - Draft Interim Urgency Ordinance B - Coalition Against Payday Preditors Letter (March 2016) 11. Subject: Propose additional amendments to the Appeal Process within the Policy and Procedures Manual for Administering Deed -Restricted Affordable Housing Units (the BMR Manual), including the City Council's suggestion to amend CITY OF CUPERTINO Page 5 City Council AGENDA September 20, 2016 Section 2.3 for Priority Point Placement System and other public employees Recommended Action: Adopt Resolution No amendments to the Policy and Procedures Manual Affordable Housing Units Staff Report A - Draft Resolution B - Redline BMR Administrative Manual C- Housing Commission Resolution 16-06 REPORTS BY COUNCIL AND STAFF to add preferences for teachers 16-102 adopting the proposed for Administering Deed Restricted 12. 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 September 20, 2016 The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6; litigation challenging a final decision of the City Council must be brought within 90 days after a decision is announced unless a shorter time is required by State or Federal law. Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City's decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's office for more information or go to http: //www. cupertino. 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 STATE OF CALIFORNIA CUPERTINO COUNTY OF SANIA CLARA ) Sq. EMPLOYEE OF THE CITY OF CUPERTINO DEPART NII NT, STATE UNDER PENALTY OF PERJURY THAT ON (DATE) �3 r (TI1vIE) S ! p/1 I PERSONALLY POSTED THE NOTICE/AGENDA ON THE BULLETIN BOARD Ar CITY HALL. AGENDA OF THE CITY COUNCIL Tuesday, September 6, 2016 Non -televised Closed Session (6:00) Televised Regular Meeting (6:45) Savita Vaidhyanathan Barry ChangMaor Gilbert Wong Darcy Paul Vice Mayor I y Council Member Rod Sinks Council Member \ / Council Member Randolph Hom City Attorney ♦ Grace Schmidt David Brandt AM City Ste Staff -I _ . City Clerk i Speaker's Podium COMMUNITY HALL COUNCIL CHAMBER 10350 TORRE AVENUE • CUPERTINO, CA 95014 TELEPHONE: (408) 777-3220 (CITY HALL) WEBSITE: www.cupertino.org — Staff — Staff CONDUCT OF BUSINESS The Mayor is the presiding officer of the City Council. Any member of the public may speak on any item on the agenda for up to three minutes. All statements and questions must be addressed to the Mayor. City Council hearings serve as a venue for the discussion of sometimes divergent points of view. Please respect the opinions of others and refrain from outward expressions of emotions such as cheering or clapping. Such behavior delays the meeting and may intimidate other persons wishing to express alternate views. Loud, unruly outbursts will result in removal from the meeting. The proceedings of the meeting are recorded on audiotape and videotape; therefore, members of the audience who address the City Council must come to the lectern/microphone, and are requested to complete a Speaker Card and identify themselves. FLOWCHART FOR AGENDA ITEMS: Mayor introduces agenda item 1 Staff reports and makes recommendation Applicant or Appellant makes presentation (up to 10 mins.) .l Mayor invites members of the public to speak about the agenda item It Mayorcloses the hearing City Council votes on the agenda item Council members report any site visits or outside communications Council members ask questions Council members ask questions Speakers submit a Request to Speak card, and are allowed up to 3 minutes per individual. Council members may ask questions of speakers. A Council member makes a motion and obtains a second. The City Council then discusses the motion(s) and votes. PUBLIC HEARINGS The City Council is required by law to hold public hearings on certain matters prior to making its decision. Notice to interested parties is given by legal advertisement in the local newspaper of general circulation at least 10 calendar days preceding the hearing date. Applications requiring public hearings include change of zoning, variances, use permits, and tentative maps. COUNCIL MEETINGS The City Council regularly meets the first and third Tuesdays of each month. These meetings are held in the Council Chamber of the Cupertino Community Hall, 10350 Torre Avenue, at 6:45 p.m. Closed sessions, when needed, are normally held at 6:00 p.m. Closed sessions cover items such as personnel, litigation, or the sale , purchase, or lease of property. Actions taken in closed sessions are not final until acted upon in public session. Urgent business , holidays, or election days may trigger special or adjourned meetings. These meetings will be noticed beforehand. AGENDAS, MINUTES, AND PACKETS AVAILABLE ON THE WEB Agendas, minutes, and packets for current and prior City Council and Planning Commission meetings are available at www.cupertino.org, or you can purchase the items on CD. CITY COUNCIL DECISION IS FINAL Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City's decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's office for more information or go to www. http://www.cupertino.org/index.aspx?page =125 for a reconsideration petition form. CITY OF CUPERTINO AGENDA C U P E RT I N O CITY COUNCIL 10300 Torre Avenue and 10350 Torre Avenue Tuesday, September 6, 2016 6:00 PM Non -televised Closed Session (6:00); Followed by Televised Regular Meeting (6:45) CLOSED SESSION - 6:00 PM 10300 Torre Avenue, City Hall Conference Room A 1. Subject: Conference with legal counsel - Existing Litigation pursuant to Paragraph (1) of subdivision (d) of Gov't Code 54956.9; City of Cupertino v. Siemens Industry, Inc. et al, Case #1-14-CV-272838 PLEDGE OF ALLEGIANCE - 6:45 PM 10350 Torre Avenue, Community Hall Council Chamber ROLL CALL CEREMONIAL MATTERS AND PRESENTATIONS 2. Subject: Present proclamation to Cupertino resident Rajee Shah in recognition of performing community service Recommended Action: Present proclamation to Cupertino resident Rajee Shah in recognition of performing community service 3. Subject: Present Certificates of Recognition to Cupertino Staff Members Frank Villa and Pete Arnst for responding quickly to aid an injured bicyclist Recommended Action: Present Certificates to Cupertino Staff Members Frank Villa and Pete Artist for responding quickly to aid an injured bicyclist 4. Subject: Cupertino Transit Video II Recommended Action: Present Cupertino Transit Video II POSTPONEMENTS 5. Subject: Continue Item No. 21 Appeal of Kimberly Sandstrom Appeal Regarding Eligibility to Purchase Below Market Rate (BMR) Unit to September 20, 2016 CITY OF CUPERTINO Page I City Council AGENDA September 6, 2016 Recommended Action: Continue Item No. 21 Appeal of Kimberly Sandstrom Appeal Regarding Eligibility to Purchase Below Market Rate (BMR) Unit to September 20, 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. 6. Subject: Approve the August 2 City Council minutes Recommended Action: Approve the August 2 City Council minutes A - Draft Minutes 7. Subject: Accept Accounts Payable for the period ending July 1, 2016 Recommended Action: Adopt Resolution No. 16-085 accepting for the period ending July 1, 2016 A - Draft Resolution B - AP Report 8. Subject: Accept Accounts Payable for the period ending July 8, 2016 Recommended Action: Adopt Resolution No. 16-086 accepting for the period ending July 8, 2016 A - Draft Resolution B - AP Report 9. Subject: Accept Accounts Payable for the period ending July 15, 2016 Recommended Action: Adopt Resolution No. 16-087 accepting for the period ending July 15, 2016 A - Draft Resolution B - AP Report Accounts Payable Accounts Payable Accounts Payable 10. Subject: Accept Accounts Payable for the period ending July 22, 2016 Recommended Action: Adopt Resolution No. 16-088 accepting Accounts Payable for the period ending July 22, 2016 A - Draft Resolution B - AP Report CITY OF CUPERTINO Page 2 City Council AGENDA September 6, 2016 11. Subject: Accept Accounts Payable for the period ending July 29, 2016 Recommended Action: Adopt Resolution No. 16-089 accepting Accounts Payable for the period ending July 29, 2016 A - Draft Resolution B - AP Report 12. Subject: Biennial Review of Conflict of Interest Code of the City of Cupertino for officials and designated positions Recommended Action: a.) Rescind Resolution No. 14-168 and adopt Resolution No. 16-090 amending the Conflict of Interest Code of the City of Cupertino; and b.) Authorize the City Manager to sign the required 2016 Local Agency Biennial Notice Staff Report A - Draft Resolution Redline Version B - Draft Resolution Clean Version C - 2016 Local Agency Biennial Notice 13. Subject: Second amendment to agreement for consultation services with Insight Recommended Action: 1. Amend compensation and terms sections of the first amended and restated agreement that expired on June 30, 2016; and 2. 'Authorize the City Manager to sign the second amended and restated agreement with Insight Staff Report A - Draft Seconded Amended and Restated Agreement B - First Amended and Restated Agreement 14. Subject: Execute a lease agreement with Self -Help For The Elderly Program for use of Creekside Park Building for the period of September 12, 2016-December 31, 2016 Recommended Action: Authorize City Manager to negotiate and execute a lease agreement with Self -Help For the Elderly Program for use of the Creekside Park Building for the period of September 12, 2016-December 31, 2016 Staff Report A - Draft Lease Agreement B - Clients Distribution Chart 2015-16 15. Subject: Fee waiver request from League of Women Voters of Cupertino -Sunnyvale for approximately $255 in facility use fees for the use of Community Hall on September 22, September 26 and September 28, 2016 for candidate forums and a presentation. Recommended Action: Staff recommends approval of fee waiver request. Staff Report A- LWV Letter 16. Subject: Request from Mr. Leon Chen to sponsor a bench in memory of his son, CITY OF CUPERTINO Page 3 City Council AGENDA September 6, 2016 Erik Chen, at Creekside Park Recommended Action: Accept a donation for a bench with a special plaque in memory of Erik Chen from his father Mr. Leon Chen to be placed at Creekside Park Staff Report A- Resolution No. 03-162 17. Subject: Application for Alcohol Beverage License for Lyfe Kitchen Norcal, LLC (dba Lyfe Kitchen), 19399 Stevens Creek Boulevard Recommended Action: Approve application for Alcohol Beverage License for Lyfe Kitchen Norcal, LLC (dba Lyfe Kitchen), 19399 Stevens Creek Boulevard Staff Report A - Application 18. Subject: Authorization of funding for the Sidewalk Renovation -Stevens Creek Blvd (Stelling-De Anza) Project in order to enhance accessibility in the public right of way Recommended Action: Authorize funding in the amount of $250,000 for the Sidewalk Renovation -Stevens Creek Blvd (Stelling-De Anza) Project Staff Report A - Area Map 19. Subject: Master Agreement between the City of Cupertino and HMH Engineering, Inc. (HMH) to provide civil engineering services on various Capital Improvement Projects Recommended Action: Authorize the City Manager to execute a Master Agreement between the City of Cupertino and HMH in he amount not to exceed $1,000,000 for a term of approximately two years Staff Report A - Draft Agreement SECOND READING OF ORDINANCES 20. Subject: Second Reading of an ordinance amending Section 11.27.145 of the Cupertino Municipal Code relating to Designation of Preferential Parking Zone on Canyon Oak Way Recommended Action: Conduct the second 16-2147: "An Ordinance of the City Council Section 11.27.145 of the Cupertino Municipal preferential parking zones" on Canyon Oak holidays between the hours of 7 a.m. and 4 p.m. Staff Report A - Permit Parking Map B - Draft Ordinance reading and enact Ordinance No. of the City of Cupertino amending Code relating to designation of Way on Saturdays, Sundays and CITY OF CUPERTINO Page 4 City Council AGENDA September 6, 2016 PUBLIC HEARINGS 21. Subject: Appeal of Kimberly Sandstrom Appeal Regarding Eligibility to Purchase Below Market Rate (BMR) Unit Recommended Action: Appeal of Kimberly Sandstrom Appeal Regarding Eligibility to Purchase Below Market Rate (BMR) Unit has been continued to September 20, 2016 22. Subject: Redevelopment of Marina Foods with associated site and off -site improvements Recommended Action: a) Adopt Resolution No. 16-091 approving Development Permit (DP-2015-05) and Environmental Analysis (Negative Declaration) (EA-2015-05); and b) Adopt Resolution No. 16-092 approving Architectural and Site Approval (ASA-2015-22); and c) Adopt Resolution No. 16-093 approving Use Permit (U-2015-06); and d) Adopt Resolution No. 16-094 approving Heart of the City Exception (EXC-2016-03); and e) Adopt Resolution No. 16-095 approving Fence Exception (EXC-2016-05); and f) Adopt Resolution No. 16-096 approving Tree Removal Permit (TR-2016-14); and g) Conduct the first reading of Ordinance No. 16-2148 (development agreement DA-2016-01): "Ordinance of the City Council of the City of Cupertino approving a Development Agreement by and among the City of Cupertino, Cupertino 10145, LLC, and Marina Plaza LLC, for the Marina Plaza project at 10122 Bandley Drive and 10145 North De Anza Boulevard" CITY OF CUPERTINO Page 5 City Council AGENDA September 6, 2016 Staff Report CC - 1 Draft Resolution DP-2015-05 and EA-2015-035 CC - 2 Draft Resolution ASA-2015-22 CC - 3 Draft Resolution U-2015-06 CC - 4 Draft Resolution EXC-2016-03 CC - 5 Draft Resolution EXC-2016-05 CC - 6 Draft Resolution TR-2016-14 CC - 7 Draft Ordinance ORD DA-2016-1 CC - 7A Draft Agreement Marina DA CC - 7B Letter from Applicant to Cupertino Union School District CC - 7C Letter from Applicant to Fremont Union High School District CC - 8 Planning Commission staff report and draft minutes, June 14, 201 E CC - 9 Planning Commission staff report and draft minutes, July 26, 2016 CC - 10 Final Planning Commission Resolutions (Nos. 6809-6814) CC - 11 Environmental Review Committee Recommendation CC - 12 Initial StudyMitigated Negative Declaration (ISMND) CC - 13 Response to Comments Memo for ISMND CC - 14 CEOA Memo for Development Agreement 23. Subject: Consideration pursuant to a Lease with San Jose Water Company, of the reasonableness of an increase in water rates to customers served by the Cupertino Municipal Water System leased to San Jose Water Company. The increase in rates is substantially identical to that authorized by the California Public Utilities Commission ("CPUC"), after extensive review, for systems owned and operated by San Jose Water Company in other areas within the City Recommended Action: 1. Hold a Public Hearing on proposed Cupertino Municipal Water System potable water rates and charges; and 2. Adopt Resolution 16-097, finding no basis to find as unreasonable the increase in Cupertino Municipal Water System potable water rates and charges, effective September 15, 2016 and retroactive to January 1, 2016, by 8.6% which is equivalent to the rate increase authorized by the California Public Utilities Commission ("CPUC"), after extensive review for systems owned and operated by San Jose Water Company in other areas within the City Staff Report A - Draft Resolution B - Water Service Map C - Lease Agreement with San Jose Water Company D - Cupertino Rate Increase Request 2016 E - Drought Surcharge Calculation Sample F - Water Rate Increase Comments ORDINANCES AND ACTION ITEMS CITY OF CUPERTINO Page 6 City Council AGENDA September 6, 2016 24. Subject: Hearing to approve assessment of fees on private parcels for the annual weed abatement program Recommended Action: Conduct hearing and adopt Resolution No. 16-098 approving the assessment of fees on private parcels for the annual weed abatement program Staff Report A - Draft Resolution B - Exhibit A Assessment Report 25. Subject: Accept resignation of Technology, Information, and Communications Commissioner Shishir Chavan and direct staff to fill the unscheduled vacancy in January; and set application deadline and interview dates for commissions with terms expiring in January, or provide further direction to staff. Recommended Action: a) Accept the resignation of Technology, Information, and Communications Commissioner Shishir Chavan and direct staff to fill the unscheduled vacancy in January 2017; and b) Set the application deadline of 4:30 p.m. on Friday, January 13, 2017 and interviews beginning at 5:00 p.m. on Monday and Tuesday, January 23 and 24 for commissions with terms expiring January 30, 2017, or provide further direction to staff. Staff Report A - Resignation Letter B - Appointments List and Vacancy Notice 26. Subject: Consider updates to the City's Policies and Guidelines on Sister Cities to address friendship cities Recommended Action: Approve recommended Policies and Guidelines on Sister Cities, Friendship Cities, and International Delegations Staff Report A - Redline Policies and Guidelines on Sister Cities B - Draft Policies and Guidelines on Sister Cities, Friendship Cities, and I REPORTS BY COUNCIL AND STAFF 27. Subject: Construction Project Updates Recommended Action: Receive Construction Project Updates 28. 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 September 6, 2016 The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6; litigation challenging a final decision of the City Council must be brought within 90 days after a decision is announced unless a shorter time is required by State or Federal law. Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City's decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's office for more information or go to http: //www. cupertino. org/index. aspx?page=125 for a reconsideration petition form. In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend the next City Council meeting who is visually or hearing impaired or has any disability that needs special assistance should call the City Clerk's Office at 408-777-3223, 48 hours in advance of the Council meeting to arrange for assistance. Upon request, in advance, by a person with a disability, City Council meeting agendas and writings distributed for the meeting that are public records will be made available in the appropriate alternative format. Also upon request, in advance, an assistive listening device can be made available for use during the meeting. Any writings or documents provided to a majority of the Cupertino City Council after publication of the packet will be made available for public inspection in the City Clerk's Office located at City Hall, 10300 Torre Avenue, during normal business hours and in Council packet archives linked from the agenda/minutes page on the Cupertino web site. Members of the public are entitled to address the City Council concerning any item that is described in the notice or agenda for this meeting, before or during consideration of that item. If you wish to address the Council on any issue that is on this agenda, please complete a speaker request card located in front of the Council, and deliver it to the Clerk prior to discussion of the item. When you are called, proceed to the podium and the Mayor will recognize you. If you wish to address the City Council on any other item not on the agenda, you may do so by during the public comment portion of the meeting following the same procedure described above. Please limit your comments to three (3) minutes or less. CITY OF CUPERTINO Page 8 THE CITY COUNCIL AND STAFF CITY COUNCIL Cupertino is a General Law city organized under and subject to statutes of the State of California. It is governed by the five -member City Council with the Mayor as the presiding officer. City Council members are elected at -large to four-year, overlapping terms. Each November a mayor and a vice -mayor are selected by the City Council for a one-year term. The City Council receives advice and assistance from nine commissions, which are appointed by the Council. These are the Bicycle Pedestrian Commission, Fine Arts Commission, Cupertino Housing Commission, Library Commission, Parks and Recreation Commission, Planning Commission, Public Safety Commission, Teen Commission, and the Technology, Information, and Communications Commission. Council members also serve on a variety of regional bodies, including: Association of Bay Area Governments League of California Cities Santa Clara County (SCC) Cities Association SCC Emergency Preparedness Council SCC Library District SCC Emergency Preparedness Commission Santa Clara Valley Water Commission and Water District SCC Transportation Authority West Valley Mayors and Managers STAFF The City Manager and the City Attorney are appointed by the Council. The City Manager is responsible for interpreting and carrying out Council policies and direction, and as the chief administrative officer, the City Manager coordinates the many activities of the city and appoints the professional and technical staff. The City Attorney is the advisor to the City Council as a whole. TYPES OF COUNCIL ACTIONS ORDINANCES Ordinances are the means by which the City enacts its local laws. Unless an urgent situation exists, ordinances will first be presented at a Council meeting as a "first reading." At a subsequent Council meeting, there will be a "second reading and adoption." Ordinances go into effect after a waiting period of thirty days, in most cases, during which time the summary of the ordinance is published in a local newspaper approved for this purpose. RESOLUTIONS Resolutions and minute orders are the means by which the City Council formally adopts policies or approves specific actions. These go into effect when adopted. APPEALS Any interested person, including a Council member, may appeal a Planning Commission or Director of Community Development decision to the City Council. An appeal must be submitted in writing to the City Clerk within 14 calendar days of the mailing of the notice of the decision. RECONSIDERATION Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City's decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's office for more information or go to www. http://www.cupertino.org/index.aspx?page=125 for a reconsideration petition form. COMMUNICATING WITH COUNCIL All Council members citycouncil@cupertino.org Barry Chang BChang@cupertino.org (408) 777-3192 Savita Vaidhyanathan SVaidhyanathan@cupertino.org (408) 777-3193 Darcy Paul DPaul@cupertino.org (408) 777-3195 Rod Sinks RSinks@cupertino.org (408) 777-3194 Gilbert Wong GWong@cupertino.org (408) 777-3191 Council administrator ToniO@cupertino.org (408) 777-3212 City Hall www.cupertino.org (408) 777-CITY Please note: the City Council discourages submission of written materials on the day of the meeting as this does not provide enough time to give the materials fair evaluation. If you must provide written materials on the day of the meeting, as least one copy must be given to the City Clerk for the permanent record, and ten copies are preferred. NEWS AND NOTICES FROM CITY HALL EMAIL Sign up for e-mailed agendas, minutes, elections, and other items on the city website at www.cupertino.org, or fill out a Speaker Card at the meeting and check your categories of interest. TELEVISION The City Channel broadcasts City Council and Planning Commission meetings, as well as agenda previews, public service announcements, and other programs of community interest, on Channel 26 in Cupertino. The meetings are shown at these times: Tuesday (live) 6:45 p.m. Friday (replay) 10:00 a.m. Thursday (replay) 7:00 p.m. Saturday (replay) 9:00 a.m. INTERNET City Council and Planning Commission videos are available on demand at www.cupertino.org. Click "View meetings online." You can also use iTunes to listen online or download podcasts of City Council meetings . iTunes is a free software program available for Mac and PC users. Occasionally, news and community information is also available at www.Twitter.com/CupertinoCom AUDIO Tune into Radio Cupertino, 1670 AM, for meeting announcements, public service messages, and emergency announcements. USEFUL TELEPHONE NUMBERS City of Cupertino (City Hall) General Information and Comments (408) 777-CITY Fire (Emergency) Santa Clara County Fire Dept. dispatch 911 Fire (Non -Emergency) Santa Clara County Fire Dept. (408) 378-4010 Garbage Recology South Bay (408) 725-4020 Gas & Electricity Pacific Gas & Electric (PG&E) 1-800-743-5000 Recreation & Community Quinlan Community Center (408) 777-3120 Services Police (Emergency) Santa Clara County Sheriff dispatch 911 Police (Non -Emergency) Santa Clara County Sheriff (408) 868-6600 Public Health Santa Clara County Public Health (408) 732-3720 Sanitary Sewers Cupertino Sanitary District (408) 253-7071 Water San Jose Water (408) 279-7900 California Water (650) 917-0152 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 AUGUST 16, 2016 MEETING NOTICE IS HEREBY GIVEN that the regular meeting of the Cupertino City Council scheduled for Tuesday, August 16, 2016 was adjourned to Tuesday, September 06, 2016 at 6:45 p.m. for the purpose of conducting regular business, Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, California 95014. Dated this 16th day of August, 2016 Kirsten Squarcia Deputy City Clerk STATE OF CALIF: S=, IA COUNTY OF SANJA CLARA I -t rS ems, AN ..LOY EE OF TltE CITY OF CUPEP INO ��- DEPART - STATE UNDER PENtT� OF PERJURY THAT ON (DrVFE) is (� � � (rI IN%F E) � : `fS PM I PERSONALLY POSTED THE NOTICEiA GENDA ON THE BULLETIN BOARD AT CITY HALL. P fl�' ft(- 4'�� LATE ISIG14ATURE CUPERTINO STATE OF CALIFOF_NTIA ) SS. COUNTY OF SANT C'LA tiA ) I, AN EMPLOYE F I_E LITY OF CUP ERT11 NTO _ DEPART 1\4E�1 `T, STATE t; N_i_ E—.; PENALTY OF Pri:sURY T AT ON (JAIE) 2 (' l I im ,) n-� I POSTED THE E � D ., ON TI , E BULLETIN BOARID AT CITY HALL. LiAT � �liiiYi U i\E AGENDA OF THE CITY COUNCIL Tuesday, August 2, 2016 Non -televised Special Meeting Closed Session (5:00) Televised Regular Meeting (6:45) Savita Vaidhyanathan Barry ChangMaor Gilbert Wong Darcy Paul Vice Mayor y Council Member Rod Sinks Council Member \ I / Council Member Randolph Hom City Attorney Grace Schmidt David Brandt . City Clerk City Manager Staff �, — Staff Staff —A& — Staff wi 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 I Staff reports and makes recommendation Applicant or Appellant makes presentation (up to 10 mins.) J- Mayor invites members of the public to speak about the agenda item 1 Mayor closes the hearing It 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. Z A Council member makes a motion City Council and obtains a second. votes on the agenda item The City Council then discusses the motion(s) and votes. PUBLIC HEARINGS The City Council is required by law to hold public hearings on certain matters prior to making its decision. Notice to interested parties is given by legal advertisement in the local newspaper of general circulation at least 10 calendar days preceding the hearing date. Applications requiring public hearings include change of zoning, variances, use permits, and tentative maps. COUNCIL MEETINGS The City Council regularly meets the first and third Tuesdays of each month. These meetings are held in the Council Chamber of the Cupertino Community Hall, 10350 Torre Avenue, at 6:45 p.m. Closed sessions, when needed, are normally held at 6:00 p.m. Closed sessions cover items such as personnel, litigation, or the sale , purchase, or lease of property. Actions taken in closed sessions are not final until acted upon in public session. Urgent business , holidays, or election days may trigger special or adjourned meetings. These meetings will be noticed beforehand. AGENDAS, MINUTES, AND PACKETS AVAILABLE ON THE WEB Agendas, minutes, and packets for current and prior City Council and Planning Commission meetings are available at www.cupertino.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, August 2, 2016 5:00 PM Non -televised Special Meeting Closed Session (5:00); Followed by Televised Regular Meeting (6:45) NOTICE AND CALL FOR A SPECIAL MEETING OF THE CUPERTINO CITY COUNCIL NOTICE IS HEREBY GIVEN that a special meeting of the Cupertino City Council is hereby called for Tuesday, August 02, 2016, commencing at 5:00 p.m. in City Hall Conference Room A, 10300 Torre Avenue, Cupertino, California 95014 and the regular meeting following at 6:45 p.m. in Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, California 95014. Said special meeting shall be for the purpose of conducting business on the subject matters listed below under the heading, "Special Meeting." SPECIAL MEETING ROLL CALL - 5:00 PM 10300 Torre Avenue, City Hall Conference Room A CLOSED SESSION 1. Subject: Conference with Legal Counsel -Existing litigation (Paragraph (1) of subdivision (d) of Gov't Code Section 54956.9) Name of Case: Carlton v. City of Cupertino, et. al., Federal District Court, Case no. 5:14-CV-03178-RMW 2. Subject: Conference with Legal Counsel - Anticipated Litigation: Significant Exposure to litigation pursuant to paragraph (2) of subdivision (d) of Gov't Code Section 54956.9 -[one case] ADJOURNMENT REGULAR MEETING CITY OF CUPERTINO Page I City Council AGENDA August 2, 2016 PLEDGE OF ALLEGIANCE - 6:45 PM 10350 Torre Avenue, Community Hall Council Chamber ROLL CALL STUDY SESSION 1. Subject: Update on Economic Development Strategic Plan Recommended Action: Receive update A - Draft Economic Development StratejZic Plan CEREMONIAL MATTERS AND PRESENTATIONS 2. Subject: Transportation video of the Shanghai Metro subway system in Shanghai, China Recommended Action: Present video POSTPONEMENTS ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the council on any matter not on the agenda. Speakers are limited to three (3) minutes. In most cases, State law will prohibit the council from making any decisions with respect to a matter not listed on the agenda. CONSENT CALENDAR Unless there are separate discussions and/or actions requested by council, staff or a member of the public, it is requested that items tinder the Consent Calendar be acted on simultaneously. 3. Subject: Approve the July 5 City Council minutes Recommended Action: Approve the minutes A - Draft Minutes 4. Subject: Accept Accounts Payable for the week ending May 13, 2016 Recommended Action: Adopt Resolution No. 16-076 accepting Accounts Payable for the week ending May 13, 2016 A - Draft Resolution B - AP Report 5. Subject: Accept Accounts Payable for the period ending May 20, 2016 CITY OF CUPERTINO Page 2 City Council AGENDA August 2, 2016 Recommended Action: Adopt Resolution No. 16-077 accepting Accounts Payable for the period ending May 20, 2016 A - Draft Resolution B - AP Report 6. Subject: Accept Accounts Payable for the period ending May 27, 2016 Recommended Action: Adopt Resolution No. 16-078 accepting Accounts Payable for the period ending May 27, 2016 A - Draft Resolution B - AP Report 7. Subject: Accept Accounts Payable for the period ending June 3, 2016 Recommended Action: Adopt Resolution No. 16-079 accepting for the period ending June 3, 2016 A - Draft Resolution B - AP Repo 8. Subject: Accept Accounts Payable for the period ending June 10, 2016 Recommended Action: Adopt Resolution No. 16-080 accepting for the period ending June 10, 2016 A - Draft Resolution B - AP Report 9. Subject: Accept Accounts Payable for the period ending June 17, 2016 Recommended Action: Adopt Resolution No. 16-081 accepting for the period ending June 17, 2016 A - Draft Resolution B - AP Report 10. Subject: Accept Accounts Payable for the period ending June 24, 2016 Recommended Action: Adopt Resolution No. 16-082 accepting for the period ending June 24, 2016 A - Draft Resolution B - AP Report Accounts Payable Accounts Payable Accounts Payable Accounts Payable 11. Subject: Treasurer's Investment Report for the Quarter ending December 31, 2015 Recommended Action: Accept the Treasurer's Investment Report for the Quarter ending December 31, 2015 Staff Report A - Investment Portfolio quarter ended December 31, 2015 B - Supplemental Portfolio Analysis 12. Subject: Treasurer's Investment Report for the Quarter ending March 31, 2016 CITY OF CUPERTINO Page 3 City Council AGENDA August 2, 2016 Recommended Action: Accept the Treasurer's Investment Report for the Quarter ending March 31, 2016 Staff Report A - Investment Portfolio B - Supplemental Portfolio Analysis 13. Subject: Amendment to Silicon Valley Regional Interoperability Authority joint powers authority Recommended Action: Approve revisions to the Silicon Valley Regional Interoperability Authority joint powers authority to add a new member, the Santa Clara Valley Transportation Authority Staff Report A - Proposed SVRIA JPA B - Redlined Proposed SVRIA JPA 14. Subject: Approval of the destruction of records from the City Clerk, City Manager, Human Resources, Public Works, and Recreation & Community Services (Quinlan Community Center and Senior Center) Departments Recommended Action: Adopt Resolution No. 16-083 approving the destruction of records from the City Clerk, City Manager, Human Resources, Public Works, and Recreation & Community Services (Quinlan Community Center and Senior Center) Departments Staff Report A - Draft Resolution 15. Subject: Accept resignation of Public Safety Commissioner Bob Cascone and fill the unscheduled vacancy. Recommended Action: Accept resignation of Public Safety Commissioner Bob Cascone and direct staff to fill the unscheduled vacancy; and set an application deadline .of 4:30 p.m. on Friday, September 9, 2016 and an interview date of Tuesday September 20, 2016 beginning at 5:30 p.m. Staff Report A - Resignation Letter 16. Subject: Execute a contract with Dan Gertmanian for Math Olympiad Program and Chess instruction for period July 1, 2016 to June 30, 2017 Recommended Action: Authorize City Manager to negotiate and execute contract with Dan Gertmanian for Math Olympiad Program and Chess instruction for period July 1, 2016 to June 30, 2017 Staff Report A - Draft Agreement 17. Subject: Application for Alcoholic Beverage License for Husdow, Inc (dba Red Hot Wok), 10074 E Estates Drive CITY OF CUPERTINO Page 4 City Council AGENDA August 2, 2016 Recommended Action: Recommend approval to the California Department of Alcoholic Beverage Control of the Application for Alcoholic Beverage License for Husdow, Inc (dba Red Hot Wok), 10074 E Estates Drive Staff Report A - Application 18. Subject: Application for Alcoholic Beverage License for Oren's Hummus Cupertino, LLC (dba Oren's Hummus Shop), 19419 Stevens Creek Boulevard #100 Recommended Action: Recommend approval to the California Department of Alcoholic Beverage Control of the Application for Alcoholic Beverage License for Oren's Hummus Cupertino, LLC (dba Oren's Hummus Shop), 19419 Stevens Creek Boulevard #100 Staff Report A - Application 19. Subject: 2016/17 Reconstruction of Curbs, Gutters and Sidewalks Project, Project No. 2017-01 Recommended Action: Authorize the City Manager to award and execute a contract with Spencon Construction, Inc., in the amount of $1,943,818 and approve a construction contingency of $56,182, for a total of $2,000,000 Staff Report A - Bid Summary B - Draft Contract SECOND READING OF ORDINANCES 20. Subject: Second Reading of an ordinance amending section 11.27.145 of the Cupertino Municipal Code relating to Designation of Preferential Parking Zone on Hammond Way Recommended Action: Conduct the second reading and enact Ordinance No. 16-2145: "An ordinance of the City Council of the City of Cupertino amending section 11.27.145 of the Cupertino Municipal Code relating to designation of preferential parking zones" on Hammond Way on Saturdays, Sundays and holidays between the hours of 7 a.m. and 4 p.m. Staff Report A - Permit Parking Map B - Draft Ordinance 21. Subject: Second Reading of an ordinance amending section 11.27.145 of the Cupertino Municipal Code relating to Designation of Preferential Parking Zone on Oak Valley Road, Juniper Court, Sycamore Drive and Black Oak Way CITY OF CUPERTINO Page 5 City Council AGENDA August 2, 2016 Recommended Action: Conduct the second reading and enact Ordinance No. 16-2146: "An ordinance of the City Council of the City of Cupertino amending section 11.27.145 of the Cupertino Municipal Code relating to designation of preferential parking zones" on Oak Valley Road, Juniper Court, Sycamore Drive and Black Oak Way on Saturdays, Sundays and holidays between the hours of 7 a.m. and 4 p.m. Staff Report A - Permit Parking Map B - Draft Ordinance PUBLIC HEARINGS ORDINANCES AND ACTION ITEMS 22. Subject: Cancel the Regular Meeting of December 6 and call a Special Meeting for December 8 to receive the Certification of Election results from the November 8 General Municipal Election and conduct the swearing -in ceremony Recommended Action: Cancel the Regular Meeting of December 6 and call a Special Meeting for December 8 to receive the Certification of Election results from the November 8 General Municipal Election and conduct the swearing -in ceremony Staff Report 23. Subject: First Reading of an ordinance amending section 11.27.145 of the Cupertino Municipal Code relating to Designation of Preferential Parking Zone on Canyon Oak Way Recommended Action: Conduct the first reading of Ordinance No. 16-2147: "An ordinance of the City Council of the City of Cupertino amending section 11.27.145 of the Cupertino Municipal Code relating to designation of preferential parking zones" on Canyon Oak Way on Saturdays, Sundays and holidays between the hours of 7 a.m. and 4 p.m. Staff Re oorrt A - Permit Parking Map B - Draft Ordinance 24. Subject: Propose amendments to the Policy and Procedures Manual for Administering Deed -Restricted Affordable Housing Units (the BMR Manual). The proposed changes clarify and expand procedures and requirements for (1) Section 2.2 on Conflict of Interest to exclude from purchase or rent of any BMR unit any City or consultant employees and officials who have policy -making authority or influence regarding City housing programs, participate in making decisions regarding City housing programs, administer City housing programs, or whose salary is paid in any part from a City housing program; and (2) Section 5.0 CITY OF CUPERTINO Page 6 City Council AGENDA August 2, 2016 on the Appeal Process to streamline the process and to ensure that an appeal can be concluded before a BMR unit is sold Recommended Action: Adopt Resolution No. 16-084 amending the Policy and Procedures Manual for Administering Deed -Restricted Affordable Housing Units (Below Market Rate (BMR) Manual) Staff RMort A - Draft Resolution B - BMR Administrative Manual revised clean C - BMR Manual redline D - HC Resolution No 16-03-BMR Manual 25. Subject: Authorization to create a review procedure including guidelines and related Zoning ordinance amendment to allow for the creation of Single -Story Overlay District in the Single -Family Residential (R-1) Zones and a budget amendment. Recommended Action: Authorize: 1. Staff to develop a process for the review and processing of requests for Single -Story Overlay Districts in Single -Family Residential (R-1) Zones (including guidelines and related Zoning Ordinance amendment); and 2. Budget amendment for $10,000 Staff Report REPORTS BY COUNCIL AND STAFF 26. Subject: Report on Committee assignments and general comments Recommended Action: Report on Committee assignments and general comments ADJOURNMENT C/TPOFCUPERT/NO Page 7 City Council AGENDA August 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 8 THE CITY COUNCIL AND STAFF CITY COUNCIL Cupertino is a General Law city organized under and subject to statutes of the State of California. It is governed by the five -member City Council with the Mayor as the presiding officer. City Council members are elected at -large to four-year, overlapping terms. Each November a mayor and a vice -mayor are selected by the City Council for a one-year term. The City Council receives advice and assistance from nine commissions, which are appointed by the Council. These are the Bicycle Pedestrian Commission, Fine Arts Commission, Cupertino Housing Commission, Library Commission, Parks and Recreation Commission, Planning Commission, Public Safety Commission; Teen Commission, and the Technology, Information, and Communications Commission. Council members also serve on a variety of regional bodies, including: Association of Bay Area Governments League of California Cities Santa Clara County (SCC) Cities Association SCC Emergency Preparedness Council SCC Library District SCC Emergency Preparedness Commission Santa Clara Valley Water Commission and Water District SCC Transportation Authority West Valley Mayors and Managers STAFF The City Manager and the City Attorney are appointed by the Council. The City Manager is responsible for interpreting and carrying out Council policies and direction, and as the chief administrative officer, the City Manager coordinates the many activities of the city and appoints the professional and technical staff. The City Attorney is the advisor to the City Council as a whole. TYPES OF COUNCIL ACTIONS ORDINANCES Ordinances are the means by which the City enacts its local laws. Unless an urgent situation exists, ordinances will first be presented at a Council meeting as a "first reading." At a subsequent Council meeting, there will be a "second reading and adoption." Ordinances go into effect after a waiting period of thirty days, in most cases, during which time the summary of the ordinance is published in a local newspaper approved for this purpose. RESOLUTIONS Resolutions and minute orders are the means by which the City Council formally adopts policies or approves specific actions. These go into effect when adopted. APPEALS Any interested person, including a Council member, may appeal a Planning Commission or Director of Community Development decision to the City Council. An appeal must be submitted in writing to the City Clerk within 14 calendar days of the mailing of the notice of the decision. RECONSIDERATION Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City's decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's office for more information or go to www. http://www.cupertino.org/index.aspx?page=125 for a reconsideration petition form. COMMUNICATING WITH COUNCIL All Council members citycouncil@cupertino.org Barry Chang BChang@cupertino.org (408) 777-3192 Savita Vaidhyanathan SVaidhyanathan@cupertino.org (408) 777-3193 Darcy Paul DPaul@cupertino.org (408) 777-3195 Rod Sinks RSinks@cupertino.org (408) 777-3194 Gilbert Wong GWong@cupertino.org (408) 777-3191 Council administrator ToniO@cupertino.org (408) 777-3212 City Hall www.cupertino.org (408) 777-CITY Please note: the City Council discourages submission of written materials on the day of the meeting as this does not provide enough time to give the materials fair evaluation. If you must provide written materials on the day of the meeting, as least one copy must be given to the City Clerk for the permanent record, and ten copies are preferred. NEWS AND NOTICES FROM CITY HALL EMAIL Sign up for e-mailed agendas, minutes, elections, and other items on the city website at www.cupertino.org, or fill out a Speaker Card at the meeting and check your categories of interest. TELEVISION The City Channel broadcasts City Council and Planning Commission meetings, as well as agenda previews, public service announcements, and other programs of community interest, -on Channel 26 in Cupertino. The meetings are shown at these times: Tuesday (live) 6:45 p.m. Friday (replay) 10:00 a.m. Thursday (replay) 7:00 p.m. Saturday (replay) 9:00 a.m. INTERNET City Council and Planning Commission videos are available on demand at www.cupertino.org. Click "View meetings online." You can also use iTunes to listen online or download podcasts of City Council meetings. iTunes is a free software program available for Mac and PC users. Occasionally, news and community information is also available at www.Twitter.com/CupertinoCom AUDIO Tune into Radio Cupertino, 1670 AM, for meeting announcements, public service messages, and emergency announcements. USEFUL TELEPHONE NUMBERS City of Cupertino (City Hall) General Information and Comments (408) 777-CITY Fire (Emergency) Santa Clara County Fire Dept. dispatch 911 Fire (Non -Emergency) Santa Clara County Fire Dept. (408) 378-4010 Garbage Recology South Bay (408) 725-4020 Gas & Electricity Pacific Gas & Electric (PG&E) 1-800-743-5000 Recreation & Community Quinlan Community Center (408) 777-3120 Services Police (Emergency) Santa Clara County Sheriff dispatch 911 Police (Non -Emergency) Santa Clara County Sheriff (408) 868-6600 Public Health Santa Clara County Public Health (408) 732-3720 Sanitary Sewers Cupertino Sanitary District (408) 253-7071 Water San Jose Water (408) 279-7900 California Water (650) 917-0152 CUPERTINO OFFICE OF THE CITY CLERK CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3223 • FAX: (408) 777-3366 CUPERTINO CITY COUNCIL NOTICE OF ADJOURNMENT OF THE JULY 19, 2016 MEETING NOTICE IS HEREBY GIVEN that the regular meeting of the Cupertino City Council scheduled for Tuesday, July 19, 2016 was adjourned to Tuesday, August 02, 2016 at 6:45 p.m. for the purpose of conducting regular business, Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, California 95014. Dated this 19th day of July, 2016 Kirsten Squarcia Deputy City Clerk STATE OF CALIFO ', [A ) ) SS. COUNTY OF SANTYA C'L./",,RA j .S � ' AN EMPLOYEE OF T' i ' CiTy OF CU,C r,IFNT, STATE l JNT� , P . d< 0 F PERJURY THAT ON (D111"FE) `7 1 r 9 /, r° (TIME) cc POSTED TH X-0 T i BULLETIN BOARD AT CITY BALL. --2�9/I(e \ LAZE Svi';f UiiE CITY OF CUPERTINO �J AGENDA CUPERTINO CITY COUNCIL 10300 Torre Avenue, City Hall Conference Room A Monday, July 11, 2016 5:30 PM Non -televised Special Meeting Closed Session NOTICE AND CALL FOR A SPECIAL MEETING OF THE CUPERTINO CITY COUNCIL NOTICE IS HEREBY GIVEN that a special meeting of the Cupertino City Council is hereby called for Monday, July 11, 2016, commencing at 5:30 p.m. in City Hall Conference Room A, 10300 Torre Avenue, Cupertino, California 95014. Said special meeting shall be for the purpose of conducting business on the subject matters listed below under the heading, "Special Meeting." SPECIAL MEETING ROLL CALL CLOSED SESSION 1. Subject: Conference with Labor Negotiators pursuant to Government Code Section 54957.6; Agency designated representatives: City Manager, Director of Administrative Services and Dania Torres Wong; Employee organizations: Operating Engineers Local No. 3 Union; Cupertino Employees' Association; Unrepresented (Management and Confidential) Employees' Compensation Program ADJOURNMENT STATE OF CALIFORNIA ) ) SS. COUNTY OF SANTA CLARA ) ��va�cr� AN EMPLOYEE OF 7lIE CITY OF CUPER!NO - -�C11C DEPAR - ST/VFE L� =.P. PENALTY OF F RY THAT 0 N. (D,-, E E) 7 l9 (14 POSTED TIIE, iti`, �. ?_1.� �: N TIT! BULLETIN BO.A L) -A" t1_ >' HALL. CITY OF CUPERTINO Page I DA I'E City Council AGENDA July 11, 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 2 STATI E OF CALIFC` :'4IA CUPERTINO ) SS. COLIN'cY OF LA I, e:aAsC , NI T LA's i CY'E F_ CF 'i OF C i..1 STr P i i .N L1 X Ci s F i s \` 1!_i ZY TIf�aI Cj:N (i �, J'E.) �7 T71� 77 POS: FLlL l 'bC' ~;IDA Oil t P%?LLETIN BOA D AF CI FY HALL. C%xf AGENDA OF THE CITY COUNCIL Tuesday, July 5, 2016 Non -televised Special Meeting Closed Session (4:30) Televised Regular Meeting (6:45) Savita Vaidhyanathan Barry ChangMaor Gilbert Wong CoDDnc arcy I Member Paul Vice Mayor y Council Member Randolph Hom \ City Attorney David Brandt City Manager' Staff `, Staff E Speaker's Podium Rod Sinks Council Member COMMUNITY HALL COUNCIL CHAMBER 10350 TORRE AVENUE • CUPERTINO, CA 95014 TELEPHONE: (408) 777-3220 (CITY HALL) WEBSITE: www.cupertino.org i .1c'f i L' i % -- Staff — Staff CONDUCT OF BUSINESS The Mayor is the presiding officer of the City Council. Any member of the public may speak on any item on the agenda for up to three minutes. All statements and questions must be addressed to the Mayor. City Council hearings serve as a venue for the discussion of sometimes divergent points of view. Please respect the opinions of others and refrain from outward expressions of emotions such as cheering or clapping. Such behavior delays the meeting and may intimidate other persons wishing to express alternate views. Loud, unruly outbursts will result in removal from the meeting. The proceedings of the meeting are recorded on audiotape and videotape; therefore, members of the audience who address the City Council must come to the lectern/microphone, and are requested to complete a Speaker Card and identify themselves. FLOWCHART FOR AGENDA ITEMS: Mayor introduces agenda item 1 Staff reports and makes recommendation Applicant or Appellant makes presentation (up to 10 mins.) 1 Mayor invites members of the public to speak about the agenda item 1 Mayor closes the hearing It Councilmembers report any site visits or outside communications Council members ask questions Council members ask questions Speakers submit a Request to Speak card, and are allowed up to 3 minutes per individual. Council members may ask questions of speakers. Z A Council member makes a motion City Council and obtains a second. votes on the agenda item The City Council then discusses the motion(s) and votes. PUBLIC HEARINGS The City Council is required by law to hold public hearings on certain matters prior to making its decision. Notice to interested parties is given by legal advertisement in the local newspaper of general circulation at least 10 calendar days preceding the hearing date. Applications requiring public hearings include change of zoning, variances, use permits, and tentative maps. COUNCIL MEETINGS The City Council regularly meets the first and third Tuesdays of each month. These meetings are held in the Council Chamber of the Cupertino Community Hall, 10350 Torre Avenue, at 6:45 p.m. Closed sessions, when needed, are normally held at 6:00 p.m. Closed sessions cover items such as personnel, litigation, or the sale , purchase, or lease of property. Actions taken in closed sessions are not final until acted upon in public session. Urgent business , holidays, or election days may trigger special or adjourned meetings. These meetings will be noticed beforehand. AGENDAS, MINUTES, AND PACKETS AVAILABLE ON THE WEB Agendas, minutes, and packets for current and prior City Council and Planning Commission meetings are available at www.cupertino.org, or you can purchase the items on CD. CITY COUNCIL DECISION IS FINAL Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City's decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's office for more information or go to www. 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, July 5, 2016 4:30 PM Non -televised Special Meeting Closed Session (4:30); 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, July 5, 2016, commencing at 4:30 p.m. in City Hall Conference Room A, 10300 Torre Avenue, Cupertino, California 95014. Said special meeting shall be for the purpose of conducting business on the subject matters listed below under the heading, "Special Meeting." The regular meeting items will be heard at 6:45 p.m. in Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, California. SPECIAL MEETING ROLL CALL - 4:30 PM City Hall Conference Room A, 10300 Torre Avenue CLOSED SESSION 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 3 81-19-015, Lawrence Expressway at Doyle Road. Agency Negotiators: Jaqui Guzman and Gail Seeds. Negotiating Parties: San Jose Water Company; County Roads and Airports; City of San Jose. Under Negotiation: Price and terms of payment 2. Subject: Conference with legal counsel - Existing Litigation pursuant to Paragraph (1) of subdivision (d) of Gov't Code 54956.9; Name of Case: City of Saratoga; City of Cupertino; Town of Los Gatos v. California Department of Transportation, et al; Santa Clara County Superior Court Case No.: 115CV281214 3. Subject: Conference with legal counsel - Existing Litigation pursuant to C77 Y UP CUPERTINO Page I City Council AGENDA July 5, 2016 Paragraph (1) of subdivision (d) of Gov't Code 54956.9: Name of Case: Committee Supporting Cupertino Citizens' Sensible Growth Initiative, Steven Scharf, Xiangchen Xu, Govind Tatachari, Petitioners v. City of Cupertino, et al. Santa Clara County Case No. 16CV296322 ADJOURNMENT REGULAR MEETING PLEDGE OF ALLEGIANCE - 6:45 PM Community Hall Council Chamber,10350 Torre Avenue ROLL CALL CEREMONIAL MATTERS AND PRESENTATIONS 1. Subject: Proclamation for July as Park and Recreation Month Recommended Action: Present Proclamation 2. Subject: Commendations to winners of CU Hacks 2 hackathon contest sponsored by the Cupertino Library and the Cupertino Library Foundation to promote engineering and computer programming skills Recommended Action: Present commendations and view videos of the four winning teams: Hector the Hippo (Beginner category); No Collisions (Traffic category); My Water (Environment category); Savior (Public Safety category) POSTPONEMENTS ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the council on any matter not on the agenda. Speakers are limited to three (3) minutes. In most cases, State law will prohibit the council from making any decisions with respect to a matter not listed on the agenda. CONSENT CALENDAR Unless there are separate discussions and/or actions requested by council, staff or a member of the public, it is requested that items under the Consent Calendar be acted on simultaneously. 3. Subject: Approve the June 21 City Council minutes Recommended Action: Approve the minutes A - Draft Minutes CITY OF CUPERTINO Page 2 City Council AGENDA July 2016 4. Su_ bject: Request for Funding - Stevens Creek L.P. an affiliate of Charities Housing Development Corporation of Santa Clara County - Affordable Senior Housing, 19160 Stevens Creek Boulevard Recommended Action: Adopt Resolution No. 16-071 to reserve $3,672,000 from the City's Affordable Housing Fund to assist in the potential development of affordable senior housing at 19160 Stevens Creek Boulevard in the City of Cupertino; and to make findings required by the California Environmental Quality Act. Staff Report A - Draft Resolution B - Housing Commission Resolution 16-04 C - Request for Funding D - Financial Pro -Forma E - Preliminary Title Report 5. Subject: Pasadena Avenue Public Improvements Project No. 2016-13 Recommended Action: Authorize the City Manager to award and execute a construction contract with O'Grady Paving, Inc. in the amount of $373,100 and approve a construction contingency of $37,000 for a total of $410,100. Staff Report A - Draft Contract SECOND READING OF ORDINANCES 6. Subject: Second reading of an ordinance approving a development agreement by and between the City of Cupertino and IAC at Cupertino LLC for the Hamptons project located at 19500 Pruneridge Avenue Recommended Action: Conduct the second reading and enact Ordinance No. 16-2144: "An Ordinance of the Cupertino City Council approving a Development Agreement by and between the City of Cupertino and IAC at Cupertino LLC for the Hamptons project located at 19500 Pruneridge Avenue" Staff Report A - Draft Ordinance 16-2144 B - Signed Development Agreement C - Redline Ordinance and Development Agreement PUBLIC HEARINGS 7. Subject: Consideration of a payment to solid waste franchisee (Recology Cupertino) of $146,128 for increased costs incurred to process organic materials from October 2015 through June 2016; and establishing a maximum rate schedule which includes a 5.28% increase in maximum rates effective July 1, 2016 to CITY OF CUPERTINO Page 3 City Council AGENDA July 5, 2016 non-residential/multi-family and compactor gar oageicompuSLUMV, llla��ilul� customers Recommended Action: 1. Authorize a payment of $146,128 to Recology Cupertino from the Resource Recovery fund 520-81-801; and 2. Adopt Resolution 16-072 (Attachment A) establishing a maximum rate schedule which includes an increase of 5.28% in non-residential/multi-family and compactor garbage and compostable materials customers effective July 1, 2016 Staff Report Attachment A - Draft Resolution Attachment B - Cupertino Rate Comparison Attachment C - Notification w rates 8. Subject: Update on regional drought response, proposed regulations restricting water use and authorize negotiation and execution of a Memorandum of Understanding (MOU) with the Santa Clara Valley Water District (District) for a landscape conversion rebate program Recommended Action: Staff recommends that Council take the following actions: 1) Receive staff report on current regional drought actions; and 2) Adopt Resolution No. 16-073 adopting 2016-2017 Regulations Restricting Water Use; and 3) Adopt Resolution No.16-074 authorizing the City Manager to negotiate and execute a Memorandum of Understanding (MOU) with the District in an amount up to $115,000 for a landscape conversion rebate program Staff Report Attachment A - SCVWD 2016 Press Release to Conserve 20% Attachment B Notice of Intent Legal Ad - CC 7-5-16 - Adopting regulat: Attachment C Draft Resolution FYI 6-17 Drought Regulation with attacl Attachment D SCVWD Landscape Conversion Rebate Program 2016 Attachment E Draft Resolution with Lawn Conversion Rebate Program 1 ORDINANCES AND ACTION ITEMS 9. Subject: First reading of an ordinance amending section 11.27.145 of the Cupertino Municipal Code relating to Designation of Preferential Parking Zone on Hammond Way Recommended Action: Conduct the first reading of Ordinance No. 16-2145: "An ordinance of the City Council of the City of Cupertino amending section 11.27.145 of the Cupertino Municipal Code relating to designation of preferential parking zones" on Hammond Way on Saturdays, Sundays and holidays between the hours of 7 a.m. and 4 p.m. CITY OF CUPERTINO Page 4 City Council AGENDA July 5, 2016 Staff Report A - Permit Parking ap B - Draft Ordinance 10. Subject: First reading of an ordinance amending section 11.27.145 of the Cupertino Municipal Code relating to Designation of Preferential Parking Zone on Oak Valley Road, Juniper Court, Sycamore Drive and Black Oak Way Recommended Action: Conduct the first reading of Ordinance No. 16-2146: "An ordinance of the City Council of the City of Cupertino amending section 11.27.145 of the Cupertino Municipal Code relating to designation of preferential parking zones" on Oak Valley Road, Juniper Court, Sycamore Drive and Black Oak Way on Saturdays, Sundays and holidays between the hours of 7 a.m. and 4 p.m. Staff Report A - Permit Parking Map B - Draft Ordinance 11. Subject: Election Code section 9212 report relating to proposed 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 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" ("Initiative"); determination whether to place measure on the ballot; 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. 16-075 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. Consider whether to direct the City elections official to transmit the Initiative to the city attorney for preparation of an impartial analysis per the draft resolution; and 3. Consider whether to authorize City Council members, or the Council as a whole, to submit ballot arguments against the Initiative per the draft resolution CITY OF CUPERTINO Page 5 City Council AGENDA July 5, 2016 Staff Report A — 9212 Report A 1 Appendix 1 (Text of Proposed Initiative without Exhibits, Title & S A 2 Appendix 2 (Section -by -Section description and summary of Initiati A 3 - Appendix 3 (CA Elections Code 9212) A 4 Appendix 4 (Resolution No 16-027 calling for Report) A 5 Appendix 5 (9212 Environmental Analysis) A 6 Appendix 6 (Donation Agreements CUSD & FUHSD) A 7 - Appendix 7 (Fiscal Analysis tables) A 8 Appendix 8 (Project description EIR General Plan Policiesl B Draft Resolution calling measure election C Memorandum to City Council from City Attorney D Link to Vallco Town Center Specific Plan Initiative 12. Subject: Designation of voting delegate and alternates for League of California Annual Conference, October 5-7, Long Beach Recommended Action: Designate a voting delegate and up to two alternates for League of California Annual Conference, October 5-7, Long Beach Staff Report A - Conference Information REPORTS BY COUNCIL AND STAFF 13. Subject: Construction Project Updates Recommended Action: Receive Update 14. 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 July i, 2016 The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6; litigation challenging a final decision of the City Council must be brought within 90 days after a decision is announced unless a shorter time is required by State or Federal law. Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City's decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's office for more information or go to http: //www. cupertino. org/index. aspx?page=125 for a reconsideration petition form. In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend the next City Council meeting who is visually or hearing impaired or has any disability that needs special assistance should call the City Clerk's Office at 408-777-3223, 48 hours in advance of the Council meeting to arrange for assistance. Upon request, in advance, by a person with a disability, City Council meeting agendas and writings distributed for the meeting that are public records will be made available in the appropriate alternative format. Also upon request, in advance, an assistive listening device can be made available for use during the meeting. Any writings or documents provided to a majority of the Cupertino City Council after publication of the packet will be made available for public inspection in the City Clerk's Office located at City Hall, 10300 Torre Avenue, during normal business hours and in Council packet archives linked from the agenda/minutes page on the Cupertino web site. Members of the public are entitled to address the City Council concerning any item that is described in the notice or agenda for this meeting, before or during consideration of that item. If you wish to address the Council on any issue that is on this agenda, please complete a speaker request card located in front of the Council, and deliver it to the Clerk prior to discussion of the item. When you are called, proceed to the podium and the Mayor will recognize you. If you wish to address the City Council on any other item not on the agenda, you may do so by during the public comment portion of the meeting following the same procedure described above. Please limit your comments to three (3) minutes or less. CITYOFCUPERTINO 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) 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