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HomeMy WebLinkAboutCity Council - Jul 2015 - Sep 2015) SS. AN r t. � CiT�' OF CUPE1�fIl��O DEPART 12r ~I STATE LiL � ER PENA Y OF l� . iJ CUPERTINO Fc.I. R T TON rJPATE) (TIME) 0 0 � I S LLY POSTED T E NOTICE/AGENDA ON THE BOARD AT CITY HALL. -7/1/11 AGENDA OF THE CUM01MUNCIL S A ICE TUESDAY, JULY 712015 Special Meeting 3:00 PM Regular Meeting 6:45 PM Rod Sinks Savita Vaidhyanathan Mayor Gilbert Wong Council Member Council Member Carol Korade City Attorney David Brandt • • • City Manager • Staff • • Staff 107 Speaker's Podium Barry Chang Vice Mayor Darcy Paul Council Member Grace Schmidt City Clerk • / Staff • Staff • COMMUNITY HALL COUNCIL CHAMBER 10350 Torre Avenue, Cupertino, Califomia 95014 (408) 777-3200 (City Hall) ww-wxupertino.ora 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 makes presentation (up to 10 mins.) 1 Mayor invites members of the public to speak about the agenda item 1 Mayor closes the hearing City Council votes on the agenda item Council members report any site visits or outside communications Council members ask questions Council members ask questions Speakers submit a Request to Speak card, and are allowed up to 3 minutes per individual, or up to 10 minutes per group. 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 and 10350 Torre Avenue Tuesday, July 7, 2015 3:00 PM Special Meeting Followed by Regular Meeting NOTICE AND CALL FOR A SPECIAL MEETING OF THE CUPERTINO CITY COUNCIL NOTICE IS HEREBY GIVEN that a special meeting of the Cupertino City Council is hereby called for Tuesday, July 07, 2015, commencing at 3:00 p.m. in City Hall Conference Room A, 10300 Torre Avenue, Cupertino, California. Said special meeting shall be for the purpose of conducting business on the subject matters listed below under the heading, "Special Meeting." The regular meeting items will be heard at 6:45 p.m. in Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, California. SPECIAL MEETING ROLL CALL - 3:00 PM 10300 Torre Avenue, City Hall Conference Room A CLOSED SESSION 1. Subject: Conference with Legal Counsel - Anticipated Litigation: Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Gov't Code Section 54956.9 - One case. 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. 3. Subject: Conference with Legal Counsel -Anticipated Litigation. Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Gov't Code Section 54956.9: One case. 4. Subject: Conference with Real Property Negotiators (Gov't Code Section 54956.8)-Propel ty: Cupertino Municipal Water System. Agency negotiator: Tirml Borden. Negotiating parties: City of Cupertino and San Jose Water Company. CITY OF CUPERTINO Page 1 City Council AGENDA Jule 7, 201i Under negotiation: Terms for City leased asset. 5. Subject: Conference with Legal Counsel -Existing Litigation pursuant to paragraph (1) of subdivision (d) of Gov't code Section 54956.9). Name of Case: City of Saratoga; City of Cupertino; Town of Los Gatos v. California Department of Transportation, et al., Case No. 115CV281214 6. Subject: Public Employment (Gov't Code Section 54957) - Title: City Attorney ADJOURNMENT REGULAR MEETING PLEDGE OF ALLEGIANCE- 6:45 PM 10350 Torre Avenue, Community Hall Council Chamber ROLL CALL CEREMONIAL MATTERS AND PRESENTATIONS 1. Subject: Present proclamations celebrating participants of the City's Green Business Challenge Recommended Action: Present proclamations POSTPONEMENTS ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the council on any matter not on the agenda. Speakers are limited to three (3) minutes. In most cases, State law will prohibit the council from making any decisions with respect to a matter not listed on the agenda. CONSENT CALENDAR Unless there are separate discussions and/or actions requested by council, staff or a member of the public, it is requested that items under the Consent Calendar be acted on simultaneously. 2. Subject: Approve the June 16 City Council minutes Recommended Action: Approve the minutes A - Draft Minutes 3. Subject: SB 321 (Beall) an, OF CUPERTINO Page 2 City Council AGENDA July 7, 2015 Recommended Action: Adopt the Legislative Committee position of support on State Bill 321 (Beall) Staff Report 4. Subject: Amendment to the professional services contract with 4Leaf, Inc, for inspection services for the Apple Campus 2 project Recommended Action: 1. Approve Amendment #1 and Scope of Services and Compensation for the Apple Campus 2 project inspection services and; 2. Authorize the City Manager to execute Amendment #1 with 4 Leaf, Inc, adding $933,712 to the original contract of $9,431,390, for a total amount not to exceed $10,365,102 Staff Report A - Draft Amendment # 1 B - Original Contract 5. Subject: Application for Alcoholic Beverage License for The Counter, 20080 Stevens Creek Boulevard, Suite 100 Recommended Action: Recommend approval of the Alcoholic Beverage License to the California Department of Alcoholic Beverage Control for The Counter, 20080 Stevens Creek Boulevard, Suite 100 Staff Report A - Application 6. Subject: 2015 Contractual Crossing Guard Services (rebid) - Project No. 2015-25, authority to award contract Recommended Action: Staff recommends Council adopt Resolution 15-058 to take the following actions: 1. Authorize the City Manager to negotiate and execute a crossing guard services contract to include a 25% contingency if the lowest responsive bid is within the established budget and there are no unresolved bid protests; and 2. Authorize the City Manager to negotiate and execute an agreement with Cupertino Unified School District and/or Fremont Union Unified School District seeking partial or full reimbursement of additional crossing guard services if it is determined that expenses should be shared; and Amend approved FY 15/16 Operating Budget by an additional amount of $60,000 for crossing guard services Staff Report A - Draft Contract B - Draft Resolution 7. Subject: Approve the Grant of Easement to PG&E for existing and proposed PG&E facilities CITY OF CUPERTINO Page 3 City Council AGENDA July 7, 2015 Recommended Action: 1. Make a finding that the proposed Grant of Easement for existing and proposed PG&E facilities is exempt from CEQA review pursuant to 14 Cal.Code Regs Sections 15301, 15303(d) and 15061(b)(3) 2. Adopt Resolution No. 15-059 granting an easement to PG&E Staff Report A - Draft Resolution w/Grant of Easement 8. Subject: 2015 Reconstruction of Curbs, Gutters and Sidewalks, Project No. 2015-26 Recommended Action: Authorize the City Manager to award a contract to J.J.R. Construction, Inc., in the amount of $664,156.75 and approve a construction contingency of $66,400, for a total of $730,556.75 Staff Report A - Draft Contract 9. Subject: Authority to award construction contract for Sports Center -West Court Renovations and Improvements, Project No. 2012-9151 Recommended Action: 1. Authorize the City Manager to award a construction contract in an amount not to exceed the appropriated project budget limits, to the lowest responsive bidder if there are no unresolved bid protests; and 2. Authorize a construction contingency budget of 10% of the construction contract amount to address unforeseen conditions discovered during construction Staff Repo 10. Subject: Authority to award construction contract McClellan Ranch Pedestrian, Parking, Landscape Improvement, Project No. 2015-01 Recommended Action: 1. Authorize the City Manager to award a construction contract in an amount not to exceed the appropriated project budget limits, to the lowest responsive bidder if there are no unresolved bid protests; and 2. Authorize a construction contingency budget of 15% of the construction contract amount to address unforeseen conditions discovered during construction Staff Report SECOND READING OF ORDINANCES PUBLIC HEARINGS 11. Subject: Civic Center Master Plan CITY OF CUPERTINO Page 4 City Council AGENDA July 7, 2015 Recommended Action: Staff recommends that the City Council take the following actions: a. Receive the presentation of the Civic Center Master Plan; and then b. Consider the Initial Study/Mitigated Negative Declaration and adopt the Mitigated Negative Declaration; and then c. Adopt Resolution No. 15-060 approving the Civic Center Master Plan; and d. Provide direction to staff on next steps toward implementation of the Civic Center Master Plan Staff Report A - Civic Center Master Plan -Final Draft B - Civic Center Master Plan Appendix C - Library Expansion Study D - Draft Resolution E - Mitigated Native Declaration E1 - Initial Study E2 - Arborist Report E3 - Transportation Impact Analysis E4 - Community Risk Assessment E5 - Noise Memo F - Responses to Initial Study Comments G - Mitigation Monitoring & Reporting Program H - Additional Responses to Public Comments I - Chronology of Council Direction & Community Input J - Recommendation of the Enviromnental Review Committee ORDINANCES AND ACTION ITEMS 12. Subject: An ordinance amending Title 2 of the Cupertino Municipal Code to add Chapter 2.94 establishing the Sustainability Commission, amendment to the FY 15/16 Operating Budget for funds to cover Commission expenses and authorization of the appropriation of those funds. Recommended Action: a. Conduct the first reading of Ordinance No. 15-2132: "An Ordinance of the City of Cupertino amending Title 2 of the Cupertino Municipal Code to Add Chapter 2.94 establishing the Sustainability Commission;" and b. Amend the Approved FY 15/16 Operating Budget by $7,500 to cover Sustainability Commission expenses and authorize appropriation of those funds. Staff Report A - Draft Ordinance 13. Subject: Response to Call for Projects for Valley Transportation Plan 2040 (VTP 2040) CITY OF CUPERTINO Page 5 City Council AGENDA July 7, 2015 Recommended Action: Staff recommends that Council take the following actions: 1) Receive staff presentation; 2) Adopt Resolution No. 15-061 supporting the inclusion of a study of long-term mass transit solutions along the Highway 85 Corridor and the design and construction of near -term solutions; and 3) Provide direction on any additional transportation projects to submit for inclusion in the Santa Clara Valley Transportation Authority's (VTA) Valley Transportation Plan 2040. Staff Report A - VTP Update Call for Projects Memo B - VTP 2040 Transit Projects C - VTP 2040 Express Lanes Projects D - VTP 2040 Highway Projects E - VTP 2040 County Expressways Projects F - VTP 2040 Bicycle/Pedestrian Proigcts G - VTP 2040 Local Streets and Roads Projects H - VTA Adopted Goals and Strategies for Envision 2040 I - Draft Mass Transit Project Resolution REPORTS BY COUNCIL AND STAFF 14. Subject: Santa Clara County Creeks Coalition request for partnership on fish migration improvements along Stevens Creek Recommended Action: Discuss City participation in a public -private partnership to improve Steelhead fish passage on Stevens Creek and provide direction to staff Staff Report A - Location Map 15. Subject: Present Construction Project Update Report Recommended Action: Receive Construction Update Report 16. Subject: Report on Committee assignments and general continents Recommended Action: Report on Committee assignments and general comments ADJOURNMENT CITY OF CUPERTINO Page 6 City Council AGENDA July 7, 2015 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 eCouncil on ally issue that is on this agenda, please complete a speaker request card located in fi°ont 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 3 All Council members: citycouncil@cupertino.org 1 Rod Sinks RSinks@cupertino.org (408) 777-3194 Barry Chang BChang@cupertino.org (408) 777-3192 Darcy Paul DPaul@cupertino.org (408) 777-3195 Gilbert Wong GWong@cupertino.org (408) 777-3191 Savita Vaidh anathan SVaidh anathan@cu ertino.or y y p g (408) 777-3193 Council secretary KarenG@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 E 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. I NTERN ET 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 Parks & Recreation Quinlan Community Center (408) 777-3120 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 AGENDA OF THE CITY COUNCIL TUESDAY, AUGUST 4, 2015 Regular Meeting 6:45 PM Savita Vaidhyanathan Gilbert Wong Council Member Council Member Carol Korade City Attorney David Brandt • • City Manager • -� Staff • • / Staff • Rod Sinks Mayor Barry Chang Vice Mayor Darcy Paul Council Member Grace Schmidt City Clerk • STATE OF CA ORWA Staff Staff SS. COUNTY OF SANTA L S SQ AN ❑ L-MPLOYEE OF THE CITY OF CUPERTINO DEPART- MENT, STATE UNDER -PENALTY Speaker's PERJURY THAT ON (DiVfE) 13 0 1 OF Podium (TIME) 0'3o AM , I PERSONALLY POSTED TPIE NOTICE/AGENDA ON THE BULLETIN BOARD AT CITY HALL. -, 13 o 11s DATE —k�� S I t; l fT U R E COMMUNITY HALL COUNCIL CHAMBER 10350 Torre Avenue, Cupertino, California 95014 (408) 777-3200 (City Hall) NA—a,w.cupertino.org City Council AGENDA August 4, 2015 Recommended Action: Adopt Resolution No. 15-062 accepting Accounts Payable for the period ending June 12, 2015. A - Draft Resolution B - AP Report 5. Subject: Accept Accounts Payable for the period ending June 19, 2015 Recommended Action: Adopt Resolution No. 15-063 accepting for the period ending June 19, 2015 A - Draft Resolution B - AP Report 6. Subject: Accept Accounts Payable for the period ending June 26, 2015 Recommended Action: Adopt Resolution No. 15-064 accepting for the period ending June 26, 2015 A - Draft Resolution B - AP Report 7. Subject: Accept Accounts Payable for the period ending July 2, 2015 Recommended Action: Adopt Resolution No. 15-065 accepting for the period ending July 2, 2015 A - Draft Resolution B - AP Report Accounts Payable Accounts Payable Accounts Payable 8. Subject: A resolution supporting the "No Traffick Ahead" Campaign taking a stand against human trafficking in the Bay Area Recommended Action: Adopt Resolution No. 15-066 supporting the "No Traffick Ahead" Campaign taking a stand against human trafficking in the Bay Area before the 2016 Super Bowl and beyond Staff Report A - Draft Resolution B - FAQ on Human Trafficking - SF 9. Subject: Amendment #1 to the professional services contract with 4Leaf, Inc., for plan review services for the Apple Campus 2 parking garage project. Recommended Action: 1. Authorize the City Manager to execute Amendment #1 with 4Leaf, Inc., for plan review services for the Apple Campus 2 parking garage project and adding $95,000 to the original contract of $374,744, for a total amount not to exceed $469,744 and; 2. Authorize the City Manager to execute contract amendments to the extent that the costs are recovered from the project applicant. Staff Report A - Draft Amendment #1 B - Original Contract CITY OF CUPERTINO Page 2 City Council AGENDA August 4, 2015 10. Subject: Professional services agreement with 4Leaf, Inc., for building inspection services for the Apple Campus 2 Phase 2 project. Recommended Action: 1. Authorize the City Manager to execute a professional services agreement with 4Leaf, Inc., to provide building inspection services for the Apple Campus 2 Phase 2 project in the amount not to exceed $469,744 and; 2. Authorize the City Manager to execute contract amendments to the extent that the costs are recovered from the project applicant. Staff Report A - Draft Contract 11. Subject: Amendment to the professional services contract with 4Leaf, Inc., for plan review services for the Main Street project Recommended Action: 1. Authorize the City Manager to execute Amendment #2 with 4Leaf, Inc. for plan review services for the Main Street project, extending the date of the contract to June 30, 2016; and 2. Authorize the City Manager to execute contract amendments to the extent that the costs are recovered from the project applicant. Staff Report A - Oriainal Contract B - Amendment #1 C - Draft Amendment #2 12. Subject: Application for Alcoholic Beverage License for Mod Pizza, 10815 North Wolfe Road, Suite 106 Recommended Action: Recommend approval of the Alcoholic Beverage License to the California Department of Alcoholic Beverage Control for Mod Pizza, 10815 North Wolfe Road, Suite 106 Staff Rgort A - Application 13. Subject: Application for Alcoholic Beverage License for 1000 Degrees Pizzeria, 20674 Homestead Road Recommended Action: Recommend approval of the Alcoholic Beverage License to the California Department of Alcoholic Beverage Control for 1000 Degrees Pizzeria, 20674 Homestead Road Staff Re >i ort A - Application 14. Subject: Application for Alcoholic Beverage License for Rubio's Fresh Mexican Grill, 20688 Stevens Creek Boulevard Recommended Action: Recommend approval of the Alcoholic Beverage License to the California Department of Alcoholic Beverage Control for Rubio's Fresh Mexican Grill, 20688 Stevens Creek Boulevard CITY OF CUPERTINO Page 3 City Council AGENDA August 4, 2015 Staff Report A - Application SECOND READING OF ORDINANCES 15. Subject: An ordinance amending Title 2 of the Cupertino Municipal Code to add Chapter 2.94 establishing the Sustainability Commission. Recommended Action: Conduct the second reading and enact Ordinance No. 15-2132: "An Ordinance of the City Council of the City of Cupertino amending Title 2 of the Cupertino Municipal Code to Add Chapter 2.94 establishing the Sustainability Commission." Staff Report A - Draft Ordinance PUBLIC HEARINGS ORDINANCES AND ACTION ITEMS 16. Subject: Hearing to approve assessment of fees on private parcels for the annual weed abatement program Recommended Action: Conduct hearing and adopt Resolution No. 15-067 approving the assessment of fees on private parcels for the annual weed abatement program Staff Report A - Draft Resolution B - Exhibit A Assessment Report REPORTS BY COUNCIL AND STAFF 17. Subject: Report on Committee assignments and general comments Recommended Action: Report on Committee assignments and general comments ADJOURNMENT CITYOFCUPERTINO Page 4 City Council AGENDA August 4, 2015 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 f°om the agenda/minutes page on the Cupertino web site. Members of the public are entitled to address the City Council concerning any item that is described in the notice or agenda for this meeting, before or during consideration of that item. If you wish to address the Council on any issue that is on this agenda, please complete a speaker request card located in front of the Council, and deliver it to the Clerk prior to discussion of the item. When you are called, proceed to the podium and the Mayor will recognize you. If you wish to address the City Council on any other item not on the agenda, you may do so by during the public comment portion of the meeting following the same procedure described above. Please limit your comments to three (3) minutes or less. CITY OF CUPERTINO Page 5 THE CITY COUNCIL AND STAFF CITY COUNCIL Cupertino is a General Law city organized under and subject to statutes of the State of California. It is governed by the five -member City Council with the Mayor as the presiding officer. City Council members are elected at -large to four-year, overlapping terms. Each November a mayor and a vice -mayor are selected by the City Council for a one-year term. The City Council receives advice and assistance from nine commissions, which are appointed by the Council. These are the Bicycle Pedestrian Commission, Fine Arts Commission, Cupertino Housing Commission, Library Commission, Parks and Recreation Commission, Planning Commission, Public Safety Commission, Teen Commission, and the Technology, Information, and Communications Commission. Council members also serve on a variety of regional bodies, including: Association of Bay Area Governments League of California Cities Santa Clara County (SCC) Cities Association SCC Emergency Preparedness Council SCC Library District SCC Emergency Preparedness Commission Santa Clara Valley Water Commission and Water District SCC Transportation Authority West Valley Mayors and Managers I 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. (I 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 i All Council members: citycouncil@cupertino.org a Rod Sinks RSinks@cupertino.org (408) 777-3194 Barry Chang BChang@cupertino.org (408) 777-3192 Darcy Paul DPaul@cupertino.org (408) 777-3195 Gilbert Wong GWong@cupertino.org (408) 777-3191 Savita Vaidhyanathan SVaidhyanathan@cupertino.org (408) 777-3193 Council secretary KarenG@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 I 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 Parks & Recreation Quinlan Community Center (408) 777-3120 Police (Emergency) Santa Clara County Sheriff dispatch 911 Police (Non -Emergency) Santa Clara County Sheriff (408) 868-6600 Public Health Santa Clara County Public Health (408) 732-3720 Sanitary Sewers Cupertino Sanitary District (408) 253-7071 Water San Jose Water (408)279-7900 California Water (650) 917-0152 CITY OF CUPERTINO AGENDA CUPERTINO CITY COUNCIL 10300 Torre Avenue, Conference Room A Friday, August 7, 2015 10:00 AM 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 Friday, August 07, 2015, commencing at 10:00 a.m. in City Hall Conference Room A, 10300 Torre Avenue, Cupertino, California. Said special meeting shall be for the purpose of conducting business on the subject matters listed below under the heading, "Special Meeting." SPECIAL MEETING ROLL CALL - 10:00 AM City Hall Conference Room A, 10300 Torre Avenue CLOSED SESSION 1. Subject: Public Employment (Gov't Code Section 54957) - Title: City Attorney ADJOURNMENT STATE OF CALIFORNIA ) ) SS. COUNTY OF SAN"TA CLARA ) v ot r c,i q AN EMPLOYEE OF E CITY OF CUPERTINO DEPART - STATE UNDER PENALTY OF 1 F7....i J1R.Y THAT ON (DATE) g s /S _ i i ? , s'. ,} % 0 ; 3 D ,4 !�I_, I PERSONALLY S'_ ' D T -IE N`- a ;;,E P %f GE?�,TMA ON THE L'11iil_,L,ETiN BOARD AT CITY HALL. CI7T OFCUPFRTINO Page I City Council AGENDA August 7, 2015 The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6; litigation challenging a final decision of the City Council must be brought within 90 days after a decision is announced unless a shorter time is required by State or Federal law. Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City's decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's office for more information or go to http: //www. cupertino. org/index. aspx?page=125 for a reconsideration petition form. In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend the next City Council meeting who is visually or hearing impaired or has any disability that needs special assistance should call the City Clerk's Office at 408-777-3223, 48 hours in advance of the Council meeting to arrange for assistance. Upon request, in advance, by a person with a disability, City Council meeting agendas and writings distributed for the meeting that are public records will be made available in -the appropriate alternative format. Also upon request, in advance, an assistive listening device can be made available for use during the meeting. Any writings or documents provided to a majority of the Cupertino City Council after publication of the packet will be made available for public inspection in the City Clerk's Office located at City Hall, 10300 Torre Avenue, during normal business hours and in Council packet archives linked from the agenda/minutes page on the Cupertino web site. Members of the public are entitled to address the City Council concerning any item that is described in the notice or agenda for this meeting, before or during consideration of that item. If you wish to address the Council on any issue that is on this agenda, please complete a speaker request card located in front of the Council, and deliver it to the Clerk prior to discussion of the item. When you are called, proceed to the podium and the Mayor will recognize you. If you wish to address the City Council on any other item not on the agenda, you may do so by during the public comment portion of the meeting following the same procedure described above. Please limit your comments to three (3) minutes or less. CITY OF CUPERTINO Page 2 CUPERTINO STATE OF CALIFORNIA ) SS. COJJNTY OF SANTA CLARA ) I, rS u e - c4AN EMPLOYEE OF THE CITY OF CUPERTINO C-( e- A: D E PA RT MENT, STATE UNDER PENALTY OF PERJURY THAT ON (DATE) P It L I 1 S (TIME) y: C/ S fAl , I PERSONALLY POSTED THE NOTICE/AGENDA ON THE 1111I.I1.1IN BOARD AT CITY HALL. 1 r AGENDA OF THE C I r OtJ'IVClu TUESDAY, AUGUST 18, 2015 Regular Meeting Non -televised Closed Session 6:00 PM Televised Meeting 6:45 PM Rod Sinks Savita Vaidhyanathan Mayor Gilbert Wong Council Member Council Member \ Carol Korade City Attorney \ - David Brandt �- City Manager��___=.� Staff —** Staff Speaker's Podium SIG&WUR'ES Barry Chang Vice Mayor Darcy Paul / Council Member Am / Grace Schmidt A%/ City Clerk COMMUNITY HALL COUNCIL CHAMBER 10350 TORRE AVENUE • CUPERTINO, CA 95014 TELEPHONE: (408) 777-3220 (CITY HALL) WEBSITE: www.cupertino.org .Alk� -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 4-1 makes presentation (up to 10 mins.) 1 Mayor invites members of the public to speak about the agenda item 1 Mayor closes the hearing 1 City Council votes on the agenda item Council members report any site visits or outside communications Council members ask questions Council members ask questions Speakers submit a Request to Speak card, and are allowed up to 3 minutes per individual, or up to 10 minutes per group. 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 and 10350 Torre Avenue Tuesday, August 18, 2015 6:00 PM Non -televised Closed Session (6:00) Followed by Televised Meeting (6:45) CLOSED SESSION - 6:00 PM 10300 Torre Avenue, City Hall Conference Room A 1. Subject: Workers' Compensation Claim (Gov't Code Section 54956.95). Claimant: Russell Polito. Agency Claimed Against: City of Cupertino 2. Subject: Workers' Compensation Claim (Gov't Code Section 54956.95). Claimant: Marcos Kubow. Agency Claimed Against: City of Cupertino PLEDGE OF ALLEGIANCE - 6:45 PM 10350 Torre Avenue, Community Hall Council Chamber ROLL CALL CEREMONIAL MATTERS AND PRESENTATIONS 3. Subject: Present proclamation to the Recreation and Community Services staff thanking them for their service at the 4th of July activities Recommended Action: Present proclamation 4. Subject: Presentation from the Parks and Recreation Commission regarding the Work Plan for Fiscal Year 2015-2016 Recommended Action: Receive the presentation POSTPONEMENTS ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the council on any matter not on the agenda. Speakers are limited to three (3) minutes. In most cases, State law will prohibit the council from making any decisions with respect to a matter not listed on the agenda. CITY OF CUPERTINO Page 1 City Council AGENDA August 18, 2015 CONSENT CALENDAR Unless there are separate discussions and/or actions requested by council, staff or a member of the public, it is requested that items under the Consent Calendar be acted on simultaneously. 5. Subject: Approve the August 4 City Council minutes Recommended Action: Approve the minutes A - Draft Minutes 6. Subject: Accept Accounts Payable for the period ending July 10, 2015 Recommended Action: Adopt Resolution No. 15-068 accepting for the period ending July 10, 2015 A - Draft Resolution B - AP Report 7. Subject: Accept Accounts Payable for the period ending July 17, 2015 Recommended Action: Adopt Resolution No. 15-069 accepting for the period ending July 17, 2015 A - Draft Resolution B - AP Report 8. Subject: Accept Accounts Payable for the period ending July 24, 2015 Recommended Action: Adopt Resolution No. 15-070 accepting for the period ending July 24, 2015 A - Draft Resolution B - AP Report 9. Subject: Accept Accounts Payable for the period ending July 31, 2015 Recommended Action: Adopt Resolution No. 15-071 accepting for the period ending July 31, 2015 A - Draft Resolution B - AP Report 10. Subject: Accept Accounts Payable for the period ending August 7, 2015 Recommended Action: Adopt Resolution No. 15-072 accepting for the period ending August 7, 2015 A - Draft Resolution B - AP report Accounts Payable Accounts Payable Accounts Payable Accounts Payable Accounts Payable 11. Subject: League of California Cities Resolution for Sustainable Funding for State and Local Infrastructure CITY OF CUPERTINO Page 2 City Council AGENDA August 18, 2015 Recommended Action: Adopt Resolution No. 15-073 urging the state to provide new sustainable funding for state and local transportation infrastructure. Staff Report A - Draft Resolution 12. Subject: Agreement for Consultant Services for the Citywide Parks, Open Space and Recreation Master Plan Recommended Action: Authorize the City Manager to negotiate and execute a consultant services agreement for preparation of a Citywide Parks, Open Space and Recreation Master Plan Plan for a fee not to exceed $375,000 and authorize a contingency allowance subject to approval of the City Manager Staff Report 13. Subject: Civic Center Master Plan Implementation - Master Agreement for Design Consultant Services and Official Intent Resolution Recommended Action: 1) Adopt Resolution No. 15-074 to: a. Authorize the City Manager to negotiate and execute the Master Agreement for design consultant services with the firm of Perkins+Will for implementation of the Civic Center Master Plan in substantially similar form as presented to Council; and b. Authorize the City Manager to negotiate and execute service orders under the terms of the master agreement for phases of work for which funds have been appropriated, but in no event, in an amount to exceed Five Million Five Hundred Thousand Dollars ($5,500,000); and C. Authorize the City Manager to negotiate and execute other agreements for professional services to implement the approved Civic Center Master Plan, to the extent that the funds are appropriated for such purposes, with the following terms and conditions: i. for professional services for: building systems engineering, site investigation and engineering, building project/construction management; interim move planning and facilitation, and financial advisory; ii. with a contract term not to exceed two years; and iii. with cumulative compensation not to exceed Two Million Dollars ($2,000,000); and d. Authorize the City Manager to negotiate and execute other agreements for professional services required to implement the Council approved Civic Center Master Plan, committing funds that have been and will be appropriated for the purpose of implementing the Civic Center Master Plan; and 2) Adopt Resolution No. 15-075 declaring its official intent to reimburse itself from the proceeds of debt financing for certain expenditures related to the Civic Center Master Plan Implementation. CITY OF CUPERTINO Page 3 City Council AGENDA August 18, 2015 Staff Report A - Draft Agreement with P+W for Consultant Design Services B — Draft Resolution Authorizing Agreements and Service Orders Relates C — Draft Official Intent Resolution 14. Subject: Consider approval of the Library Commission's recommendation of Amanda Williamsen for the appointment of the new Cupertino Poet Laureate Recommended Action: Adopt Resolution No. 15-076 approving the Library Commission recommendation and appointing the new Cupertino Poet Laureate Staff Report A - Draft Resolution B - New Poet Laureate Bio 15. Subject: Application for Alcoholic Beverage License for Starbucks #631, 20676 Homestead Road Recommended Action: Recommend approval of the Alcoholic Beverage License to the California Department of Alcoholic Beverage Control for Starbucks #631, 20676 Homestead Road Staff Report A - Application 16. Subject: Application for Alcoholic Beverage License for Blast 825 Pizza, 10033 Saich Way Recommended Action: Recommend approval of the Alcoholic Beverage License to the California Department of Alcoholic Beverage Control for Blast 825 Pizza, 10033 Saich Way Staff Report A - Application 17. Subject: Application for Alcoholic Beverage License for Legends Pizza Company, 19732 Stevens Creek Boulevard Recommended Action: Recommend approval of the Alcoholic Beverage License to the California Department of Alcoholic Beverage Control for Legends Pizza Company, 19732 Stevens Creek Boulevard Staff Report A - Application SECOND READING OF ORDINANCES PUBLIC HEARINGS ORDINANCES AND ACTION ITEMS 18. Subject: Contract with Perfect Mind Technology, Inc. for the replacement of the CITY OF CUPERTINO Page 4 City Council AGENDA August 18, 2015 current Recreation and Community Services Enterprise Management System Recommended Action: Authorize the City Manager or his designee to negotiate and execute a ten year agreement with Perfect Mind Technology, Inc. for an enterprise management system in the amount of $116,251 for implementation and $78,982 annually for software support and maintenance for the first five years, and not to exceed $102,676 annually for years six through ten Staff Report A - Implementation Timeline B - Statement of Work 19. Subject: Response to Call for Projects for Valley Transportation Plan 2040 (VTP 2040) - Originally heard on July 7 brought back for final approval. Recommended Action: Staff recommends that Council take the following actions: 1) Rescind Resolution No. 15-061 adopted on July 7 and adopt Resolution No. 15-077 supporting the inclusion of a mass transit study, including a prioritization for initial implementation along the Highway 85 Corridor supporting the inclusion of a study of long-term mass transit solutions along the Highway 85 Corridor and the design and construction of near -term solutions; and 2) Provide direction on any additional transportation projects to submit for inclusion in the Santa Clara Valley Transportation Authority's (VTA) Valley Transportation Plan 2040. Staff Report A - West Valley/North County Mayor's Letter for Transit Study B - Draft Mass Transit Project Resolution C - Draft VTP 2040 Project List REPORTS BY COUNCIL AND STAFF 20. Subject: Report on Committee assignments and general comments Recommended Action: Report on Committee assignments and general comments ADJOURNMENT CITP OF CUPERTINO Page 5 City Council AGENDA August 18, 2015 The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6; litigation challenging a final decision of the City Council must be brought within 90 days after a decision is announced unless a shorter time is required by State or Federal law. Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City's decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's office for more information or go to http://Www.cupertino.orglindex.aspx?page=125 for a reconsideration petition form. In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend the next City Council meeting who is visually or hearing impaired or has any disability that needs special assistance should call the City Clerk's Office at 408-777-3223, 48 hours in advance of the Council meeting to arrange for assistance. Upon request, in advance, by a person with a disability, City Council meeting agendas and writings distributed for the meeting that are public records will be made available in the appropriate alternative format. Also upon request, in advance, an assistive listening device can be made available for use during the meeting. Any writings or documents provided to a majority of the Cupertino City Council after publication of the packet will be made available for public inspection in the City Clerk's Office located at City Hall, 10300 Torre Avenue, during normal business hours and in Council packet archives linked from the agenda/minutes page on the Cupertino web site. Members of the public are entitled to address the City Council concerning any item that is described in the notice or agenda for this meeting, before or during consideration of that item. If you wish to address the Council on any issue that is on this agenda, please complete a speaker request card located in front of the Council, and deliver it to the Clerk prior to discussion of the item. When you are called, proceed to the podium and the Mayor will recognize you. If you wish to address the City Council on any other item not on the agenda, you may do so by during the public comment portion of the meeting following the same procedure described above. Please limit your comments to three (3) minutes or less. CITY OF CUPERTINO Page 6 THE CITY COUNCIL AND STAFF CITY COUNCIL Cupertino is a General Law city organized under and subject to statutes of the State of California. It is governed by the five -member City Council with the Mayor as the presiding officer. City Council members are elected at -large to four-year, overlapping terms. Each November a mayor and a vice -mayor are selected by the City Council for a one-year term. The City Council receives advice and assistance from nine commissions, which are appointed by the Council. These are the Bicycle Pedestrian Commission, Fine Arts Commission, Cupertino Housing Commission, Library Commission, Parks and Recreation Commission, Planning Commission, Public Safety Commission, Teen Commission, and the Technology, Information, and Communications Commission. Council members also serve on a variety of regional bodies, including: Association of Bay Area Governments League of California Cities Santa Clara County (SCC) Cities Association SCC Emergency Preparedness Council SCC Library District SCC Emergency Preparedness Commission Santa Clara Valley Water Commission and Water District SCC Transportation Authority West Valley Mayors and Managers STAFF The City Manager and the City Attorney are appointed by the Council. The City Manager is responsible for interpreting and carrying out Council policies and direction, and as the chief administrative officer, the City Manager coordinates the many activities of the city and appoints the professional and technical staff. The City Attorney is the advisor to the City Council as a whole. TYPES OF COUNCIL ACTIONS ORDINANCES Ordinances are the means by which the City enacts its local laws. Unless an urgent situation exists, ordinances will first be presented at a Council meeting as a "first reading." At a subsequent Council meeting, there will be a "second reading and adoption." Ordinances go into effect after a waiting period of thirty days, in most cases, during which time the summary of the ordinance is published in a local newspaper approved for this purpose. RESOLUTIONS Resolutions and minute orders are the means by which the City Council formally adopts policies or approves specific actions. These go into effect when adopted. APPEALS Any interested person, including a Council member, may appeal a Planning Commission or Director of Community Development decision to the City Council. An appeal must be submitted in writing to the City Clerk within 14 calendar days of the mailing of the notice of the decision. RECONSIDERATION Prior to seekingjudicial 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 Rod Sinks RSinks@cupertino.org (408) 777-3194 Barry Chang BChang@cupertino.org (408) 777-3192 Darcy Paul DPaul@cupertino.org (408) 777-3195 Gilbert Wong GWong@cupertino.org (408) 777-3191 Savita Vaidhyanathan SVaidhyanathan@cupertino.org (408) 777-3193 Council secretary KarenG@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 Parks & Recreation Quinlan Community Center (408) 777-3120 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 ) COU TY OF SANTA CLARA ) I, K \ P,S Te�,j sc u.4-k c-r p{ , AN EMPLOYEE OF THE CITY OF CUPERTINO DEPART- MENT, STATE UNDER PENALTY OF PERJURY THAT _ON (DATE) 8 I t 3 I t S- CUPERTINO (TIME) 10 , LttsAM , I PERSONALLY POSTED THE NOTICE%AGENDA ON THE AMENDEbLLETIN BOARD AT CITY HALL. rURE DATE SIGN AGENDA OF THE CITY COUNCIL TUESDAY, AUGUST 18, 2015 Regular Meeting Non -televised Closed Session 6:00 PM Televised Meeting 6:45 PM Rod Sinks Savita Vaidhyanathan Mayor Barry Chang Gilbert Wong Council Member y Vice Mayor Darcy Paul Council Member \ / Council Member Carol Korade City Attorney sh _ _ Am Grace Schmidt David Brandt �City Clerk City ManagerStaff <: 4%— Staff Staff —� �— Staff Speaker's Podium COMMUNITY HALL COUNCIL CHAMBER 10350 TORRE AVENUE • CUPERTINO, CA 95014 TELEPHONE: (408) 777-3220 (CITY HALL) WEBSITE: www.cupertino.org CONDUCT OF BUSINESS The Mayor is the presiding officer of the City Council. Any member of the public may speak on any item on the agenda for up to three minutes. All statements and questions must be addressed to the Mayor. City Council hearings serve as a venue for the discussion of sometimes divergent points of view. Please respect the opinions of others and refrain from outward expressions of emotions such as cheering or clapping. Such behavior delays the meeting and may intimidate other persons wishing to express alternate views. Loud, unruly outbursts will result in removal from the meeting. The proceedings of the meeting are recorded on audiotape and videotape; therefore, members of the audience who address the City Council must come to the lectern/microphone, and are requested to complete a Speaker Card and identify themselves. FLOWCHART FOR AGENDA ITEMS: Mayor introduces agenda item 1 Staff reports and makes recommendation 1 Applicant makes presentation (up to 10 mins.) J- Mayor invites members of fthe public to speak about the agenda item 1 Mayor closes the hearing 1 City Council votes on the agenda item Council members report any site visits or outside communications Council members ask questions Council members ask questions Speakers submit a Request to Speak card, and are allowed up to 3 minutes per individual, or up to 10 minutes per group. 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 and 10350 Torre Avenue Tuesday, August 18, 2015 6:00 PM Non -televised Closed Session (6:00) Followed by Televised Meeting (6:45) AMENDED Amended on 8/13/15 to revise Item No. 13 Staff Report and Recommended Action and Item No. 18 Staff Report, Recommended Action, and Exhibit B; and to add new Item No. 19a. CLOSED SESSION - 6:00 PM 10300 Torre Avenue, City Hall Conference Room A 1. Subject: Workers' Compensation Claim (Gov't Code Section 54956.95). Claimant: Russell Polito. Agency Claimed Against: City of Cupertino 2. Subject: Workers' Compensation Claim (Gov't Code Section 54956.95). Claimant: Marcos Kubow. Agency Claimed Against: City of Cupertino PLEDGE OF ALLEGIANCE - 6:45 PM 10350 Torre Avenue, Community Hall Council Chamber ROLL CALL CEREMONIAL MATTERS AND PRESENTATIONS 3. Subject: Present proclamation to the Recreation and Community Services staff thanking them for their service at the 4th of July activities Recommended Action: Present proclamation 4. Subject: Presentation from the Parks and Recreation Commission regarding the Work Plan for Fiscal Year 2015-2016 Recommended Action: Receive the presentation POSTPONEMENTS ORAL COMMUNICATIONS CITY OF CUPERTINO Page 1 City Council AGENDA August 18, 2015 This portion of the meeting is reserved for persons wishing to address the council on any matter not on the agenda. Speakers are limited to three (3) minutes. In most cases, State law will prohibit the council from making any decisions with respect to a matter not listed on the agenda. CONSENT CALENDAR Unless there are separate discussions and/or actions requested by council, staff or a member of the public, it is requested that items under the Consent Calendar be acted on simultaneously. 5. Subject: Approve the August 4 City Council minutes Recommended Action: Approve the minutes A - Draft Minutes 6. Subject: Accept Accounts Payable for the period ending July 10, 2015 Recommended Action: Adopt Resolution No. 15-068 accepting Accounts Payable for the period ending July 10, 2015 A - Draft Resolution B - AP Report 7. Subject: Accept Accounts Payable for the period ending July 17, 2015 Recommended Action: Adopt Resolution No. 15-069 accepting for the period ending July 17, 2015 A - Draft Resolution B - AP Report 8. Subject: Accept Accounts Payable for the period ending July 24, 2015 Recommended Action: Adopt Resolution No. 15-070 accepting for the period ending July 24, 2015 A - Draft Resolution B - AP Report 9. Subject: Accept Accounts Payable for the period ending July 31, 2015 Recommended Action: Adopt Resolution No. 15-071 accepting for the period ending July 31, 2015 A - Draft Resolution B - AP Report Accounts Payable Accounts Payable AeCOLIntS Payable 10. Subject: Accept Accounts Payable for the period ending August 7, 2015 Recommended Action: Adopt Resolution No. 15-072 accepting Accounts Payable for the period ending August 7, 2015 CITY OF CUPERT/NO Page 2 City Council AGENDA August 18, 2015 A - Draft Resolution B - AP Report 11. Subject: League of California Cities Resolution for Sustainable Funding for State and Local Infrastructure Recommended Action: Adopt Resolution No. 15-073 urging the state to provide new sustainable funding for state and local transportation infrastructure. Staff Report A - Draft Resolution 12. Subject: Agreement for Consultant Services for the Citywide Parks, Open Space and Recreation Master Plan Recommended Action: Authorize the City Manager to negotiate and execute a consultant services agreement for preparation of a Citywide Parks, Open Space and Recreation Master Plan Plan for a fee not to exceed $375,000 and authorize a contingency allowance subject to approval of the City Manager Staff Report 13. Subject: Civic Center Master Plan Implementation - Master Agreement for Design Consultant Services and Official Intent Resolution Recommended Action: 1) Adopt Resolution No. 15-074 to: a. Authorize the City Manager to negotiate and execute the Master Agreement for design consultant services with the firm of Perkins+Will for implementation of the Civic Center Master Plan in substantially similar form as presented to Council; and b. Authorize the City Manager to negotiate and execute service orders under the terms of the master agreement for phases of work for which funds have been appropriated, but in no event, in an amount to exceed Five Million Five Hundred Thousand Dollars ($5,500,000); and C. Authorize the City Manager to negotiate and execute other agreements for professional services to implement the approved Civic Center Master Plan, to the extent that the funds are appropriated for such purposes, with the following terms and conditions: i. for professional services for: building systems engineering, site investigation and engineering, building project/construction management; interim move planning and facilitation, and financial advisory; ii. with a contract term not to exceed two years; and iii. with cumulative compensation not to exceed Two Million Dollars ($2,000,000). 2) Adopt Resolution No. 15-075 declaring its official intent to reimburse itself from the proceeds of debt financing for certain expenditures related to the Civic Center Master Plan Implementation. CITY OF CUPERTINO Page 3 City Council AGENDA August 18, 2015 Staff Report A - Draft Agreement with P+W for Consultant Design Services B — Draft Resolution Authorizing_ Agreements and Service Orders Relates C — Draft Official Intent Resolution 14. Subject: Consider approval of the Library Commission's recommendation of Amanda Williamsen for the appointment of the new Cupertino Poet Laureate Recommended Action: Adopt Resolution No. 15-076 approving the Library Commission recommendation and appointing the new Cupertino Poet Laureate Staff Report A - Draft Resolution B - New Poet Laureate Bio 15. Subject: Application for Alcoholic Beverage License for Starbucks #631, 20676 Homestead Road Recommended Action: Recommend approval of the Alcoholic Beverage License to the California Department of Alcoholic Beverage Control for Starbucks #631, 20676 Homestead Road Staff Report A - Application 16. Subject: Application for Alcoholic Beverage License for Blast 825 Pizza, 10033 Saich Way Recommended Action: Recommend approval of the Alcoholic Beverage License to the California Department of Alcoholic Beverage Control for Blast 825 Pizza, 10033 Saich Way Staff Report A - Application 17. Subject: Application for Alcoholic Beverage License for Legends Pizza Company, 19732 Stevens Creek Boulevard Recommended Action: Recommend approval of the Alcoholic Beverage License to the California Department of Alcoholic Beverage Control for Legends Pizza Company, 19732 Stevens Creek Boulevard Staff Report A - Application SECOND READING OF ORDINANCES PUBLIC HEARINGS ORDINANCES AND ACTION ITEMS 18. Subject: Contract with Perfect Mind Technology, Inc. for the replacement of the CITY OF CUPERTINO Page 4 City Council AGENDA August 18, 2015 current Recreation and Community Services Enterprise Management System Recommended Action: a. Authorize the City Manager or his designee to negotiate and execute a ten year agreement with PerfectMind Technology, Inc. for Recreation and Community Services Enterprise Management System; and b. Authorize the appropriation of $360,233 in FY 15-16 Staff Report A - Implementation Timeline B- Statement of Work 19. Subject: Response to Call for Projects for Valley Transportation Plan 2040 (VTP 2040) - Originally heard on July 7 brought back for final approval. Recommended Action: Staff recommends that Council take the following actions: 1) Rescind Resolution No. 15-061 adopted on July 7 and adopt Resolution No. 15-077 supporting the inclusion of a mass transit study, including a prioritization for initial implementation along the Highway 85 Corridor supporting the inclusion of a study of long-term mass transit solutions along the Highway 85 Corridor and the design and construction of near -term solutions; and 2) Provide direction on any additional transportation projects to submit for inclusion in the Santa Clara Valley Transportation Authority's (VTA) Valley Transportation Plan 2040. Staff Report A - West Valley/North County Mayor's Letter for Transit Study B - Draft Mass Transit Project Resolution C - Draft VTP 2040 Project List 19a. Subject: Appointment to State Route (SR) 85 Corridor Policy Advisory Board (PAB) Recommended Action: Appoint one member and one alternate to the SR 85 Corridor PAB Staff Report A - Letter from VTA Board Secretary REPORTS BY COUNCIL AND STAFF 20. Subject: Report on Committee assignments and general comments Recommended Action: Report on Committee assignments and general comments ADJOURNMENT CITY OF CUPERTINO Page 5 City Council AGENDA August 18, 2015 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. CITYOFCUPERT/NO Pap 6 THE CITY COUNCIL AND STAFF CITY COUNCIL Cupertino is a General Law city organized under and subject to statutes of the State of California. It is governed by the five -member City Council with the Mayor as the presiding officer. City Council members are elected at -large to four-year, overlapping terms. Each November a mayor and a vice -mayor are selected by the City Council for a one-year term. The City Council receives advice and assistance from nine commissions, which are appointed by the Council. These are the Bicycle Pedestrian Commission, Fine Arts Commission, Cupertino Housing Commission, Library Commission, Parks and Recreation Commission, Planning Commission, Public Safety Commission, Teen Commission, and the Technology, Information, and Communications Commission. Council members also serve on a variety of regional bodies, including: Association of Bay Area Governments League of California Cities Santa Clara County (SCC) Cities Association SCC Emergency Preparedness Council SCC Library District SCC Emergency Preparedness Commission Santa Clara Valley Water Commission and Water District SCC Transportation Authority West Valley Mayors and Managers STAFF The City Manager and the City Attorney are appointed by the Council. The City Manager is responsible for interpreting and carrying out Council policies and direction, and as the chief administrative officer, the City Manager coordinates the many activities of the city and appoints the professional and technical staff. The City Attorney is the advisorto 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 Rod Sinks RSinks@cupertino.org (408) 777-3194 Barry Chang BChang@cupertino.org (408) 777-3192 Darcy Paul DPaul@cupertino.org (408) 777-3195 Gilbert Wong GWong@cupertino.org (408) 777-3191 Savita Vaidhyanathan SVaidhyanathan@cupertino.org (408) 777-3193 Council secretary KarenG@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 Parks & Recreation Quinlan Community Center (408) 777-3120 Police (Emergency) Santa Clara County Sheriff dispatch 911 Police (Non -Emergency) Santa Clara County Sheriff (408) 868-6600 Public Health Santa Clara County Public Health (408) 732-3720 Sanitary Sewers Cupertino Sanitary District (408) 253-7071 Water San Jose Water (408) 279-7900 California Water (650) 917-0152 CUPERTINO STATE OF CALIFORNIA ) ) SS. COUNTY OF SANTA CLARA I, k s4 ` =-4—C j at , AN EMP OYEE OF THE CITY OF CUPERTINO c4c-4- (c, DEPART- MENT, STATE UNDER PENALTY OF PERJURY THAT ON (D,,vrE) s (� cam_ (TIME) 3 : r.r fAA , I PERSON!< -L .Y POSTED THE NOTICE/AGENDA ON T t E Y Is L . b A4 4j- AGENDA OF THE CI -NIC TUESDAY, SEPTEMBER 1, 2015 Regular Meeting 6:45 PM Rod Sinks Savita Vaidhyanathan May or Barry Chang Gilbert Wong Council Member Vice Mayor Darcy Paul Council Member I Council Member Carol Korade \ / City Attorney Grace Schmidt David Brandt . City Clerk City Manager' Staff — , ,— Staff Staff —, Staff /A00, Speaker's Podium COMMUNITY HALL COUNCIL CHAMBER 10350 TORRE AVENUE • CUPERTINO, CA 95014 TELEPHONE: (408) 777-3220 (CITY HALL) WEBSITE: www.cupertino.org CONDUCT OF BUSINESS The Mayor is the presiding officer of the City Council. Any member of the public may speak on any item on the agenda for up to three minutes. All statements and questions must be addressed to the Mayor. City Council hearings serve as a venue for the discussion of sometimes divergent points of view. Please respect the opinions of others and refrain from outward expressions of emotions such as cheering or clapping. Such behavior delays the meeting and may intimidate other persons wishing to express alternate views. Loud, unruly outbursts will result in removal from the meeting. The proceedings of the meeting are recorded on audiotape and videotape; therefore, members of the audience who address the City Council must come to the lectern/microphone, and are requested to complete a Speaker Card and identify themselves. FLOWCHART FOR AGENDA ITEMS: Mayor introduces agenda item 1 Staff reports and makes recommendation 1 Applicant makes presentation (up to 10 mins.) 1 Mayor invites members of the public to speak about the agenda item It Mayor closes the hearing 1 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, or up to 10 minutes per group. 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.oror you can purchase the items on CD. CITY COUNCIL DECISION IS FINAL Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City's decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's office for more information or go to www. http://www.cupertino.org/index.aspx?page =125 for a reconsideration petition form. CITY OF CUPERTINO AGENDA CUPERTINO CITY COUNCIL 10350 Torre Avenue, Council Chamber Tuesday, September 1, 2015 6:45 PM PLEDGE OF ALLEGIANCE 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 August 18 City Council minutes Recommended Action: Approve the minutes A - Draft Minutes 2. Subject: Antibiotic use in Livestock Production Recommended Action: Adopt Resolution No. 15-079 calling for a ban on the nontherapeutic use of antibiotics in Livestock Agriculture Staff Report A - Policy Brief B - Draft Resolution 3. Subject: Application for Alcoholic Beverage License for Rootstock Wine Bar, 19389 Stevens Creek Boulevard CITY OF CUPERTINO Page I City Council AGENDA September 1, 2015 Recommended Action: Recommend approval of the Alcoholic Beverage License to the California Department of Alcoholic Beverage Control for Rootstock Wine Bar, 19389 Stevens Creek Boulevard Staff Report A - Application SECOND READING OF ORDINANCES PUBLIC HEARINGS ORDINANCES AND ACTION ITEMS 4. Subject: Policy establishing procedures for authorizing the processing of GPA applications Recommended Action: Adopt Resolution No. 15-078 adopting procedures for authorizing the processing of General Plan amendment applications Description: Application No(s): CP-2015-02, Applicant(s): City of Cupertino, Location: citywide; City Project for City Council to consider adopting a policy and resolution establishing procedures for authorizing the processing of General Plan Amendment applications Staff Report A - Draft Resolution 15-078 B - White Paper on Development Allocations 5/8/15 pdf C - June 2015 CC SS Staff Report D - Development Management Overview 6 24 15.pdf E - Procedures for ProcessingGPA applications June 30, 2015 F - Flowchart comparing current vs. originally proposed procedures G - Flowchart for Revised Procedures for GPA Applications H - Comparison Table of originally proposed procedures and revised proc 5. Subject: Ordinance amending Cupertino Municipal Code Title 16 to add Chapter 28 to provide an expedited streamlined permitting process for small residential rooftop systems as mandated by the State of California, and City Manager authorization to adopt an electronic signature policy Recommended Action: 1. Conduct the first reading of Ordinance No. 15-2133: "An Ordinance of the City Council of the City of Cupertino amending Cupertino Municipal Code Title 16 to add Chapter 28 to provide an expedited streamlined permitting process for small residential rooftop systems"; and 2. Authorize the City Manager to adopt a policy to accept e-signatures in compliance with State Law Staff Report A - Draft Ordinance CITY OF CUPERTINO Page 2 City Council AGENDA September 1, 2015 REPORTS BY COUNCIL AND STAFF 6. Subject: Report on Committee assignments and general comments Recommended Action: Report on Committee assignments and general comments ADJOURNMENT CITY OF CUPERTINO Page 3 City Council AGENDA September 1, 2015 The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6; litigation challenging a final decision of the City Council must be brought within 90 days after a decision is announced unless a shorter time is required by State or Federal law. Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City's decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's office for more information or go to http: //www. cupertino. org/index. aspx?page=125 for a reconsideration petition form. In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend the next City Council meeting who is visually or hearing impaired or has any disability that needs special assistance should call the City Clerk's Office at 408-777-3223, 48 hours in advance of the Council meeting to arrange for assistance. Upon request, in advance, by a person with a disability, City Council meeting agendas and writings distributed for the meeting that are public records will be made available in the appropriate alternative format. Also upon request, in advance, an assistive listening device can be made available for use during the meeting. Any writings or documents provided to a majority of the Cupertino City Council after publication of the packet will be made available for public inspection in the City Clerk's Office located at City Hall, 10300 Torre Avenue, during normal business hours and in Council packet archives linked from the agenda/minutes page on the Cupertino web site. Members of the public are entitled to address the City Council concerning any item that is described in the notice or agenda for this meeting, before or during consideration o� j that item. If you wish to address the Council on any issue that is on this agenda, please complete a speaker request card located in front of the Council, and deliver it to the Clerk prior to discussion of the item. When you are called, proceed to the podium and the Mayor will recognize you. If you wish to address the City Council on any other item not on the agenda, you may do so by during the public comment portion of the meeting following the same procedure described above. Please limit your comments to three (3) minutes or less. CITY OF CUPERTINO Page 4 THE CITY COUNCIL AND STAFF CITY COUNCIL Cupertino is a General Law city organized under and subject to statutes of the State of California. It is governed by the five -member City Council with the Mayor as the presiding officer. City Council members are elected at -large to four-year, overlapping terms. Each November a mayor and a vice -mayor are selected by the City Council for a one-year term. The City Council receives advice and assistance from nine commissions, which are appointed by the Council. These are the Bicycle Pedestrian Commission, Fine Arts Commission, Cupertino Housing Commission, Library Commission, Parks and Recreation Commission, Planning Commission, Public Safety Commission, Teen Commission, and the Technology, Information, and Communications Commission. Council members also serve on a variety of regional bodies, including: Association of Bay Area Governments League of California Cities Santa Clara County (SCC) Cities Association SCC Emergency Preparedness Council SCC Library District SCC Emergency Preparedness Commission Santa Clara Valley Water Commission and Water District SCC Transportation Authority West Valley Mayors and Managers STAFF The City Manager and the City Attorney are appointed by the Council. The City Manager is responsible for interpreting and carrying out Council policies and direction, and as the chief administrative officer, the City Manager coordinates the many activities of the city and appoints the professional and technical staff. The City Attorney is the advisor to the City Council as a whole. TYPES OF COUNCIL ACTIONS ORDINANCES Ordinances are the means by which the City enacts its local laws. Unless an urgent situation exists, ordinances will first be presented at a Council meeting as a "first reading." At a subsequent Council meeting, there will be a "second reading and adoption." Ordinances go into effect after a waiting period of thirty days, in most cases, during which time the summary of the ordinance is published in a local newspaper approved for this purpose. RESOLUTIONS Resolutions and minute orders are the means by which the City Council formally adopts policies or approves specific actions. These go into effect when adopted. APPEALS Any interested person, including a Council member, may appeal a Planning Commission or Director of Community Development decision to the City Council. An appeal must be submitted in writing to the City Clerk within 14 calendar days of the mailing of the notice of the decision. RECONSIDERATION Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City's decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's office for more information or go to www. http://www.cupertino.org/index.aspx?page=125 for a reconsideration petition form. COMMUNICATING WITH COUNCIL All Council members Rod Sinks Barry Chang Darcy Paul Gilbert Wong Savita Vaidhyanathan Council secretary City Hall citycouncil@cupertino.org RSinks@cupertino.org (408) 777-3194 BChang@cupertino.org (408) 777-3192 DPaul@cupertino.org (408) 777-3195 GWong@cupertino.org (408) 777-3191 SVaidhyanathan@cupertino.org (408) 777-3193 KarenG@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) 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 Parks & Recreation Quinlan Community Center (408) 777-3120 Police (Emergency) Santa Clara County Sheriff dispatch 911 Police (Non -Emergency) Santa Clara County Sheriff (408) 868-6600 Public Health Santa Clara County Public Health (408) 732-3720 Sanitary Sewers Cupertino Sanitary District (408) 253-7071 Water San Jose Water (408) 279-7900 California Water (650) 917-0152 CITY OF CUPERTINO AGENDA CUPERTINO CITY COUNCIL Aloft Hotel, 10165 North De Anza Boulevard Friday, August 28, 2015 8:30 AM 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 Friday, August 28, 2015, commencing at 8:30 a.m. at the Aloft Hotel, Tactic Room, 10165 North De Anza Boulevard, Cupertino, California 95014. Said special meeting shall be for the purpose of conducting business on the subject matters listed below under the heading, "Special Meeting." SPECIAL MEETING CLOSED SESSION - 8:30 AM Aloft Hotel, Tactic Room, 10165 North De Anza Boulevard ROLL CALL 1. Subject: Public Employment (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 makingS-Vpy C rrlg ion LV �uh Frerm ,kct to a matte not listed on the agenda. ) S COUNTY OF SANA CLARA ) ADJOURNMENT I, a.y'cq , 1 EMP OYES OF TH CITY OF CUPERTI, elite DEPA = MENT, STATE UNDER PENALTY PERJURY THAT ON (DATE) $ ' (TIME) 3 �Vr pM I P.F. PISONAI_..�` LULLETIN BOARD AI' CITY HALL. CIT3'OFCUPERTINO Page DATE SIG TYRE f. I w City Council AGENDA August 28, 2015 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 CITY OF CUPERTINO AGENDA CUPERTINO CITY COUNCIL 10300 Torre Avenue, Conference Room A Tuesday, September 8, 2015 4:30 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 Tuesday, September 08, 2015, 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." SPECIAL MEETING CLOSED SESSION - 4:30 PM City Hall Conference Room A, 10300 Torre Avenue ROLL CALL 1. Subject: Conference with Legal Counsel -Anticipated Litigation: Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Gov't Code Section 54956.9: One case 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 linfitTAM QFeCTJ)IFAbRN1A1n most cases,) State law will prohibit the council from makingi.cinnc with rayneot to a matter) SS. not listed on the agenda. COUNTY NTY OF SANTA LARA ) I, C t e -{-C—' fm s V4 r AN ADJOURNMENT EMPLOYEE F T E CITY OF CUPERTINO Lek DEPART NtENT, STATE UNDER PENALTY OF PERJURY THAT ON (DATE) 9 f3 fl (TIME) S: / :5' PM 1 PERSOP4ALLY POSTED THE NOTICL/ AGENDA ON THE BULLETIN BOARD AT CITY HALL. CITYOFCUPERTINO Page 1 9 IAA f E 1(7- IATU E CITY OF CUPERTINO AGENDA CUPERTINO CITY COUNCIL 10300 Torre Ave., Cupertino & Highway 93 N., B.C. Canada Tuesday, September 8, 2015 4:30 PM Pacific Standard Time AMENDED Non -televised Special Meeting - Open Session item followed by Closed Session Amended on 9/7/15 to add Open Session Item No. la and Closed Session item No. 2 with teleconference participation by Council member Savita Vaidhyanathan in the second Closed Session matter AMENDED 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 08, 2015, commencing at 4:30 p.m. in City Hall Conference Room A, 10300 Torre Avenue, Cupertino, California 95014. The teleconference portion of the Closed Session shall occur at both 10300 Torre Avenue, Conference Room A, Cupertino, CA and Glacier View Inn, Room 305, Highway 93.N., Icefields Parkway, Jasper B.C., Canada. Said special meeting shall be for the purpose of conducting business on the subject matters listed below under the heading, "Special Meeting." SPECIAL MEETING OPEN SESSION - 4:30 PM City Hall Conference Room A, 10300 Torre Avenue ROLL CALL ORAL COMMUNICATIONS This portion of the meeting is reserved for persons finishing 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. CITYOFCUPERTINO Page I r. City Council AGENDA September 8, 2015 ORDINANCES AND ACTION ITEMS Ia. Subject: Request of Council Member Savita Vaidhyanathan to attend the closed session meeting on the item titled "Public Employment (54957). Title: City Attorney" by teleconference; waive the one week advance notice, and authorize the teleconference Recommended Action: Consider request of Council Member Savita Vaidhyanathan to attend the closed session meeting on the item titled "Public Employment (54957). Title: City Attorney by teleconference; waive the one week advance notice, and authorize the teleconference Staff Report A - Approved Teleconference Resolution No. 12-065 CLOSED SESSION City Hall Conference Room A,10300 Torre Avenue Item No. 2 Teleconference also at Glacier View Inn, Room 305, Highway 93 N. 1. Subject: Conference with Legal Counsel -Anticipated Litigation: Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Gov't Code Section 54956.9: One case 2. Subject: Public Employment (54957). Title: City Attorney ADJOURNMENT STATE OF CALIFORNIA ) ) SS. COU TY OF SAN CLA ) I AN E LO E O - CITY OF CUPERTINO L DEPART- MENT, SAE UNDER PENALTY F PERJURY THAT ON (DATE) (TIME) . rA - , I PERSONALLY POSTED THE NO IC:E%AGENDA ON THE BULLETIN BOARD AT HALL. CITY OF CUPERTINO Page 2 City Council AGENDA September 8, 2015 The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6; litigation challenging a final decision of the City Council must be brought within 90 days after a decision is announced unless a shorter time is required by State or Federal law. Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City's decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's office for more information or go to http: //www. cupertino. org/index. aspx?page = 125 for a reconsideration petition form. In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend the next City Council meeting who is visually or hearing impaired or has any disability that needs special assistance should call the City Clerk's Office at 408-777-3223, 48 hours in advance of the Council meeting to arrange for assistance. Upon request, in advance, by a person with a disability, City Council meeting agendas and writings distributed for the meeting that are public records will be made available in the appropriate alternative format. Also upon request, in advance, an assistive listening device can be made available for use during the meeting. Any writings or documents provided to a majority of the Cupertino City Council after publication of the packet will be made available for public inspection in the City Clerk's Office located at City Hall, 10300 Torre Avenue, during normal business hours and in Council packet archives linked from the agenda/minutes page on the Cupertino web site. Members of the public are entitled to address the City Council concerning any item that is described in the notice or agenda for this meeting, before or during consideration of that item. If you wish to address the Council on any issue that is on this agenda, please complete a speaker request card located in front of the Council, and deliver it to the Clerk prior to discussion of the item. When you are called, proceed to the podium and the Mayor will recognize you. If you wish to address the City Council on any other item not on the agenda, you may do so by during the public comment portion of the meeting following the same procedure described above. Please limit your comments to three (3) minutes or less. CITY OF CUPERTINO Page 3 CITY OF CUPERTINO AGENDA CUPERTINO CITY COUNCIL 10300 Torre Ave., Cupertino & Hwy 93 N., Alberta Canada Tuesday, September 8, 2015 4:30 PM Pacific Standard Time AMENDED Non -televised Special Meeting - Open Session item followed by Closed Session AMENDED Amended on 9/7/15 to add Open Session Item No. la and Closed Session item No. 2 with teleconference participation by Council member Savita Vaidhyanathan in the second Closed Session matter AMENDED 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 08, 2015, commencing at 4:30 p.m. in City Hall Conference Room A, 10300 Torre Avenue, Cupertino, California 95014. The teleconference portion of the Closed Session shall occur at both 10300 Torre Avenue, Conference Room A, Cupertino, CA and Glacier View Inn, Room 305, Highway 93 N., Icefields Parkway, Jasper National Park, Alberta, Canada. Said special meeting shall be for the purpose .of conducting business on the subject matters listed below under the heading, "Special Meeting." SPECIAL MEETING OPEN SESSION - 4:30 PM City Hall Conference Room A, 10300 Torre Avenue ROLL CALL ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the council on any matter not on the agenda. Speakers are limited to three (3) minutes. In most cases, State law will prohibit the council from making any decisions with respect to a matter not listed on the agenda. CITY OF CUPERTINO Page I City Council AGENDA September 8, 201i ORDINANCES AND ACTION ITEMS Ia. Subject: Request of Council Member Savita Vaidhyanathan to attend the closed session meeting on the item titled "Public Employment (54957). Title: City Attorney" by teleconference; waive the one week advance notice, and authorize the teleconference Recommended Action: Consider request of Council Member Savita Vaidhyanathan to attend the closed session meeting on the item titled "Public Employment (54957). Title: City Attorney by teleconference; waive the one week advance notice, and authorize the teleconference Staff Report A - Approved Teleconference Resolution No. 12-065 CLOSED SESSION City Hall Conference Room A,10300 Torre Avenue Item No. 2 Teleconference also at Glacier View Inn, Room 305, Highway 93 N. 1. Subject: Conference with Legal Counsel -Anticipated Litigation: Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Gov't Code Section 54956.9: One case 2. Subject: Public Employment (54957). Title: City Attorney ADJOURNMENT STATE OF CALIFORNIA ) ) SS. COU Y OF SAN A LA ) I, c AN E E OF HE CITYOF CUPERTINO _ C _ DEPART— MENT, S ATE UNDER PENALTY OF PERJURY THAT ON (DATE) I— (S_ (TIME) / - go , , I PERSONALLY POSTED THE NOTICE/AGENDA ON THE BULLETIN BOARD AT CIT HALL. CITY OF CUPERTINO Page City Council AGENDA September 8, 2015 The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6; litigation challenging a final decision of the City Council must be brought within 90 days after a decision is announced unless a shorter time is required by State or Federal law. Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City's decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's office for more information or go to http: //www. clipertino. org/index. aspx?page =125 for a reconsideration petition form. In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend the next City Council meeting who is visually or hearing impaired or has any disability that needs special assistance should call the City Clerk's Office at 408-777-3223, 48 hours in advance of the Council meeting to arrange for assistance. Upon request, in advance, by a person with a disability, City Council meeting agendas and writings distributed for the meeting that are public records will be made available in the appropriate alternative format. Also upon request, in advance, an assistive listening device can be made available for use during the meeting. Any writings or documents provided to a majority of the Cupertino City Council after publication of the packet will be made available for public inspection in the City Clerk's Office located at City Hall, 10300 Torre Avenue, during normal business hours and in Council packet archives linked from the agenda/minutes page on the Cupertino web site. Members of the public are entitled to address the City Council concerning any item that is described in the notice or agenda for this meeting, before or during consideration of that item. If you wish to address the Council on any issue that is on this agenda, please complete a speaker request card located in front of the Council, and deliver it to the Clerk prior to discussion of the item. When you are called, proceed to the podium and the Mayor will recognize you. If you wish to address the City Council on any other item not on the agenda, you may do so by during the public comment portion of the meeting following the same procedure described above. Please limit your comments to three (3) minutes or less. CITY OF CUPERTINO Page 3 CITY OF CUPERTINO AGENDA CUPERTINO CITY COUNCIL Hilton Garden Inn,10741 North Wolfe Road Friday, September 11, 2015 9:00 AM 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 Friday, September 11, 2015, commencing at 9:00 a.m. at the Hilton Garden Inn, 10741 North Wolfe Road, Cupertino, California 95014. Said special meeting shall be for the purpose of conducting business on the subject matters listed below under the heading, "Special Meeting." SPECIAL MEETING CLOSED SESSION - 9:00 AM Hilton Garden Inn,10741 North Wolfe Road ROLL CALL 1. Subject: Public Employment (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 mak&'KA y0d`eAQWTQAVIAspect to a iss. t not listed on the agenda. ) COUNTYgF SANTA CLARA ADJOURNMENT v AN a r EMPLOYEE OF IE CITY OF CUPERTINO DEPART NIENT, STATE I_INDER PENAVVY GF PERJURY THAT ON (DATE.) 3' �f (,S- (TINIE) 2 : f c' eM _, I Pi _�i.r.^...L Y POSTED THE i' C K- f' BULLETIN BGAp" � CITY I_,`. _! Page CITY OF CUPERTINO City Council AGENDA September 11, 2015 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 CUPERTINO STATE OF CALIFORNIA ) SS. COUNTY OF SANTA CLARA ) I, �, �Va,.S TF S'QvNfZc,l AN EMPLOYEE OF THE CI I'Y OF CUPERTINO CJ C-" DEPART- MENT, STATE UNDER PENALY OF g PERJURY THAT ON (DATE) /g t S` (TIME) I PERSONALLY POSTED THE NOTICE/'AGENDA ON THE T11 TT .1.F,TIN BOARD AT CITY HALL. .7 � 9 rS AGENDA OF THE CICIL� TUESDAY, SEPTEMBER 15, 2015 Non -televised Special Meeting (Closed Session) 5:30 PM Televised Regular Meeting 6:45 PM Savita Vaidhyanathan Gilbert Wong Council Member Council Member \ Carol Korade \ City Attorney David Brandt - Staff IGYZU RE Rod Sinks Mayor Barry Chang Vice Mayor Darcy Paul / Council Member Am _ Grace Schmidt / City Clerk �4 Speaker's Podium COMMUNITY HALL COUNCIL CHAMBER 10350 TORRE AVENUE • CUPERTINO, CA 95014 TELEPHONE: (408) 777-3220 (CITY HALL) WEBSITE: www.cupertino.org — Staff CONDUCT OF BUSINESS The Mayor is the presiding officer of the City Council. Any member of the public may speak on any item on the agenda for up to three minutes. All statements and questions must be addressed to the Mayor. City Council hearings serve as a venue for the discussion of sometimes divergent points of view. Please respect the opinions of others and refrain from outward expressions of emotions such as cheering or clapping. Such behavior delays the meeting and may intimidate other persons wishing to express alternate views. Loud, unruly outbursts will result in removal from the meeting. The proceedings of the meeting are recorded on audiotape and videotape; therefore, members of the audience who address the City Council must come to the lectern/microphone, and are requested to complete a Speaker Card and identify themselves. FLOWCHART FOR AGENDA ITEMS: Mayor introduces agenda item 1 Staff reports and makes recommendation 1 Applicant makes presentation (up to 10 mins.) 1 Maypr invites members of the ublic to speak about he agenda item 1 Mayor closes the hearing 1 City Council votes on the agenda item Council members report any site visits or outside communications Council members ask questions Council members ask questions Speakers submit a Request to Speak card, and are allowed up to 3 minutes per individual, or up to 10 minutes per group. 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 15, 2015 5:30 PM Non -televised Closed Session (5:30) Followed by Televised 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 15, 2015, 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." The regular meeting items will be heard at 6:45 p.m. in Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, California. SPECIAL MEETING CLOSED SESSION - 5:30 PM City Hall Conference Room A, 10300 Torre Avenue ROLL CALL 1. Subject: Conference with legal counsel -Existing litigation (Paragraph (1) of subdivision (d) of Gov't Code 54956.9; City of Saratoga; City of Cupertino; Town of Los Gatos v. California Department of Transportation, et al., Case No. 115CV281214 ADJOURNMENT REGULAR MEETING PLEDGE OF ALLEGIANCE- 6:45 PM Community Hall Council Chamber, 10350 Torre Avenue ROLL CALL CITY OF CUPERTINO Page I City Council AGENDA September 15, 2015 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: Accept Accounts Payable for the period ending August 14, 2015 Recommended Action: Adopt Resolution No. 15-080 accepting Accounts Payable for the period ending August 14, 2015 A - Draft Resolution B - AP Report 2. Subject: Accept Accounts Payable for the period ending August 21, 2015 Recommended Action: Adopt Resolution No. 15-081 accepting Accounts Payable for the period ending August 21, 2015 A - Draft Resolution B - AP Report 3. Subject: Accept Accounts Payable for the period ending August 28, 2015 Recommended Action: Adopt Resolution No. 15-082 accepting Accounts Payable for the period ending August 28, 2015 A - Draft Resolution B - AP Report 4. Subject: Accept resignation of Fine Arts Commissioner Priya Jayachandran and direct staff to fill the unscheduled vacancy in January; and set application deadline and interview dates for commissions with terms expiring January and terms for new Sustainability Commission CITY OF CUPERTINO Page 2 City Council AGENDA September 15, 2015 Recommended Action: a) Accept the resignation of Fine Arts Commissioner Priya Jayachandran and direct staff to fill the unscheduled vacancy in January 2016; and b) Set the application deadline of 4:30 p.m. on Friday, January 15, 2016 and interviews beginning at 5:00 p.m. on Monday and Tuesday, January 25 and 26 for commissions with terms expiring January 30, 2016 including terms for new Sustainability Commission Staff Report A - Resignation from Priya Jachandrian FAC B - Appointments List and Notice of Commission Terms Expiring 5. Subject: De Anza Boulevard Traffic Signal Synchronization - Acceptance of outside funding, authorization of funding agreement, and appropriation of funds Recommended Action: 1) Authorize acceptance of a $55,000 Transportation Fund for Clean Air (TFCA) grant and authorize the City Manager to execute a funding agreement with the Santa Clara Valley Transportation Authority (VTA). 2) Amend approved FY 15/16 Operating Budget by an additional amount of $55,000 for TFCA project budget. Staff Report A — Draft TFCA Funding Agreement 6. Subject: Authorization of an amendment to the FY 2015-16 budget for additional staffing and related costs in the Community Development Department. Recommended Action: Amend the FY 2015-16 budget in the amount of $145,000 to add a new Senior Planner position and fund costs related to equipment and space re -organization, and Convert a Limited Term Planner position to a permanent position in the Community Development Department. Staff Report A - Comparison Chart of Planners by City - 2015 7. Subject: Adopt a resolution taking a position of support on Community Choice Aggregation for purposes of legislative advocacy Recommended Action: Adopt Resolution No. 15-083 Supporting Community Choice Aggregation Staff Report A - Draft Resolution SECOND READING OF ORDINANCES 8. Subject: Ordinance amending Cupertino Municipal Code Title 16 to add Chapter 28 to provide an expedited streamlined permitting process for small residential rooftop systems as mandated by the State of California, and City Manager authorization to adopt an electronic signature policy CITY OF CUPERTINO Page 3 City Council AGENDA September 15, 2015 Recommended Action: 1. Conduct the second reading an PUBLIC HEARINGS ORDINANCES AND ACTION ITEMS d 9. Subject: Permanent Program for Early Morning Collection of Solid Waste Containers on Select Streets in the Tri-School Area Recommended Action: Allow the solid waste franchisee (Recology) to begin permanent collection of solid waste containers as early as 6:00 A.M. on select Tri-School area streets Staff Report A - Table of Containers Removed from Select Streets Prior to and Duriniz B — Notification of Residents C — Resident Comments D — Draft Educational Door Hanger 10. Subject: An Ordinance amending Section 11.32.020 of the Cupertino Municipal Code to remove Pruneridge Avenue as a truck route and amending Sections 11.32.055, 11.32.070, and 11.32.080 to clarify exceptions to truck access within the City and adjacent to public schools Recommended Action: Conduct the first reading of Ordinance No. 15-2134: "An Ordinance of the City Council of the City of Cupertino amending Section 11.32.020 of Chapter 11.32 of Title 11 of the Cupertino Municipal Code to remove Pruneridge Avenue as a truck route and amending Sections 11.32.055, 11.32.070, and 11.32.080 to clarify exceptions for truck access within the City and within school zones," to remove outdated language and to clarify when certain trucks are exempt from the restrictions and limitations on truck travel within the City and around school zones Staff Report A - Draft Ordinance B - Redline Version of Draft Ordinance 11. Subject: Brown Act letter submitted by Better Cupertino CITY OF CUPERTINO Page 4 City Council AGENDA September 15, 2015 Recommended Action: Recommend that the City Council consider the allegations and the discussion in this staff report and direct that the letter attached hereto as Attachment D be transmitted to Better Cupertino in response to its "cease and desist" demand letter of August 26, 2015. Staff Report A - Government Code Section 54960.2 B - Letter from Better Cupertino C - December 2, 2014 Agenda D - Proposed Response Letter to Better Cupertino REPORTS BY COUNCIL AND STAFF 12. Subject: Present Construction Project Update Report Recommended Action: Receive Construction Update Report 13. Subject: Report on Committee assignments and general comments Recommended Action: Report on Committee assignments and general comments ADJOURNMENT CITY OF CUPERTINO Page 5 City Council AGENDA September 15, 2015 The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6; litigation challenging a final decision of the City Council must be brought within 90 days after a decision is announced unless a shorter time is required by State or Federal law. Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City's decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's office for more information or go to http://www.cupertino.orglindex.aspx?page=125for a reconsideration petition form. In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend the next City Council meeting who is visually or hearing impaired or has any disability that needs special assistance should call the City Clerk's Office at 408-777-3223, 48 hours in advance of the Council meeting to arrange for assistance. Upon request, in advance, by a person with a disability, City Council meeting agendas and writings distributed for the meeting that are public records will be made available in the appropriate alternative format. Also upon request, in advance, an assistive listening device can be made available for use during the meeting. Any writings or documents provided to a majority of the Cupertino City Council after publication of the packet will be made available for public inspection in the City Clerk's Office located at City Hall, 10300 Torre Avenue, during normal business hours and in Council packet archives linked from the agenda/minutes page on the Cupertino web site. Members of the public are entitled to address the City Council concerning any item that is described in the notice or agenda for this meeting, before or during consideration of that item. If you wish to address the Council on any issue that is on this agenda, please complete a speaker request card located in front of the Council, and deliver it to the Clerk prior to discussion of the item. When you are called, proceed to the podium and the Mayor will recognize you. If you wish to address the City Council on any other item not on the agenda, you may do so by during the public comment portion of the meeting following the same procedure described above. Please limit your comments to three (3) minutes or less. CITY OF CUPERTINO Page 6 THE CITY COUNCIL AND STAFF CITY COUNCIL Cupertino is a General Law city organized under and subject to statutes of the State of California. It is governed by the five -member City Council with the Mayor as the presiding officer. City Council members are elected at -large to four-year, overlapping terms. Each November a mayor and a vice -mayor are selected by the City Council for a one-year term. The City Council receives advice and assistance from nine commissions, which are appointed by the Council. These are the Bicycle Pedestrian Commission, Fine Arts Commission, Cupertino Housing Commission, Library Commission, Parks and Recreation Commission, Planning Commission, Public Safety Commission, Teen Commission, and the Technology, Information, and Communications Commission. Council members also serve on a variety of regional bodies, including: Association of Bay Area Governments League of California Cities Santa Clara County (SCC) Cities Association SCC Emergency Preparedness Council SCC Library District SCC Emergency Preparedness Commission Santa Clara Valley Water Commission and Water District SCC Transportation Authority West Valley Mayors and Managers STAFF The City Manager and the City Attorney are appointed by the Council. The City Manager is responsible for interpreting and carrying out Council policies and direction, and as the chief administrative officer, the City Manager coordinates the many activities of the city and appoints the professional and technical staff. The City Attorney is the advisor to the City Council as a whole. TYPES OF COUNCIL ACTIONS ORDINANCES Ordinances are the means by which the City enacts its local laws. Unless an urgent situation exists, ordinances will first be presented at a Council meeting as a "first reading." At a subsequent Council meeting, there will be a "second reading and adoption." Ordinances go into effect after a waiting period of thirty days, in most cases, during which time the summary of the ordinance is published in a local newspaper approved for this purpose. RESOLUTIONS Resolutions and minute orders are the means by which the City Council formally adopts policies or approves specific actions. These go into effect when adopted. APPEALS Any interested person, including a Council member, may appeal a Planning Commission or Director of Community Development decision to the City Council. An appeal must be submitted in writing to the City Clerk within 14 calendar days of the mailing of the notice of the decision. RECONSIDERATION Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City's decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's office for more information or go to www. http://www.cupertino.org/index.aspx?page=125 for a reconsideration petition form. CITY OF CUPERTINO AGENDA CUPERTINO CITY COUNCIL Hilton Garden Inn, 10741 North Wolfe Road Friday, September 11, 2015 8:30 AM AMENDED Non -televised Special Meeting - Closed Session Amended on 9/9/15 at 4:00 PM to change the meeting start time 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 Friday, September 11, 2015, commencing at 8:30 a.m. at the Hilton Garden Inn, 10741 North Wolfe Road, Cupertino, California 95014. Said special meeting shall be for the purpose of conducting business on the subject matters listed below under the heading, "Special Meeting." SPECIAL MEETING CLOSED SESSION - 8:30 AM Hilton Garden Inn, 10741 North Wolfe Road ROLL CALL 1. Subject: Public Employment (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 limit&H0J1VE�t1QT9) minutes. In most case' FSKI State law will prohibit the council from making any decisions with re pect to a ter not listed on the agenda. 'TIVII 110 IV NVOfI NI 9 T Q BHZ NO VGN90V/30l1ON 2H.L GAISOd ADJOURNMENT KFIVNOSNAd H ` W&I-Tz.;A (AY1II1.,) -5 Je/6 (aiVG) NO J_V Hz Axnfxr3d 40 AL'IVNgd �11VLS `,.LNAIN ;R1 Vd�1G ;A ��_J_j — ONl.LY,.-dflD 40 A.113 -,IHZ 40 �191kO-WTIN1 ( F?Iyl,_) VI.NVS 40 11TWIOD CITY OF CUPERTINO Pnge I ' S S ( ( d1Ni1l04I11vo 40 91V.LS City Council AGENDA September 11, 2015 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