Loading...
HomeMy WebLinkAboutCity Council - Jan 2015 - Mar 2015CUPERTINO OFFICE OF THE CITY CLERK CITY HALL 10300 TORRE AVENUE . CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3223 www.cupertino.org CUPERTINO CITY COUNCIL NOTICE OF CANCELLATION NOTICE IS HEREBY GIVEN that the Adjourned Special Meeting scheduled for January 21 regarding Council deliberation and to provide staff direction on the Study Session for Stevens Creek Boulevard to McClellan Road Creek Corridor Master Plan and recommended alternatives to proceed with an EIR was cancelled and re -noticed for February 3 at 6:45 p.m., 10350 Torre Avenue. Dated this 21s' day of January, 2015 at 1:10 a.m. Grace Schmidt City Clerk STATE OF CALIFORNIA SS. ICOU�IY�OF SA CLAF4)' AN EMPi�OY E OF THE CITY OF CUPERTINO (-k DEPART 1,IIENT, STATE UNDER PENALTY OF PERJURY THAT ON (DATE) l r 2-1� 1 � (TIfA—V) -(D 6L--/VL I PERSONALLY POSTED THE NOTICE%AGENDA ON THE BULLETIN BOARD AT CITY HALL. D SIGNATURE .ja-�- �Cam` 1 . �'C:lys AGENDA OF THE CITY COUNCIL TUESDAY, JANUARY 20, 2015 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 / Speaker's Podium Barry Chang Vice Mayor Darcy Paul Council Member Grace Schmidt City Clerk • Staff STATE OF CA NI Staff ) SS. COUNTY OF SAN A CLA I, �J��, varc-d ), AN t EM LOYE OF THr ITY OF CUPERTINO nC-.P—(e-- DEPART- MENT, STATE UNDER PEN LTY OF PERJURY THAT ON (DATE) I ( 1-9 (TIME) & : 1 � I PERSONALLY POSTED THE NOTICE/AGENDA ON THE BULLETIN BOA yD AT CITY HALL. ►q I �- 1 114- DATIE SIGNAFURF, COMMUNITY HALL COUNCIL CHAMBER 10350 Torre Avenue, Cupertino, Califomia 95014 (408) 777-3200 (City Hall) wV✓W.cupertlno.org v I 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 Council members report any site agenda item 41 visits or outside communications I Staff reports and makes Council members ask questions recommendation Applicant Council members ask questions makes presentation (up to 10 mins.) 1 Mayor invites members ol A — the public to speak about the agenda item 1 Mayor closes the hearing 1 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 City Cou�nciland obtains a second. City Council votes on the The City Council then discusses the agenda item 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 Priorto 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?pa ge=125 for a reconsideration petition form. CITY OF CUPERTINO AGENDA CUPERTINO CITY COUNCIL 10350 Torre Avenue, Council Chamber Tuesday, January 20, 2015 6:45 PM PLEDGE OF ALLEGIANCE ROLL CALL CEREMONIAL MATTERS AND PRESENTATIONS POSTPONEMENTS Subject: Cancel the Adjourned Special Meeting scheduled for January 21 regarding Council deliberation and to provide staff direction on the Study Session for Stevens Creek Boulevard to McClellan Road Creek Corridor Master Plan and recommended alternatives to proceed with an EIR and direct staff to re -notice the meeting for February 3 at 6:45 p.m. ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the council on any natter 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 November 18 City Council minutes Recommended Action: Approve the minutes A - Draft Minutes 2. Subject: Approve the December 2 Special and Regular City Council minutes and the December 3 Regular Adjourned City Council minutes CITY OF CUPERTINO Page I City Council AGENDA January 20, 2015 Recommended Action: Approve the minutes A - Draft Minutes 3. Subject: Approve the December 16 City Council minutes Recommended Action: Approve the minutes A - Draft Minutes 4. Subject: Approve the December 17 City Council minutes Recommended Action: Approve the minutes A - Draft Minutes 5. Subject: Accept Accounts Payable for period ending December 19, 2014 Recommended Action: Adopt Resolution No. 15-002 accepting Accounts Payable for the period ending December 19, 2014 A - Draft Resolution B - AP Report 6. Subject: Waive the advisory body attendance requirement provision and reinstate Russell Leong to the Fine Arts Conunission. (Continued from December 16, 2014) Recommended Action: Waive the advisory body attendance requirement provision and reinstate Russell Leong to the Fine Arts Commission Staff Report A - Resolution No. 10-048 B - Russell Leong Wamin Letter etter C - Russell Leong Termination Letter D - Leong Waiver Request 7. Subject: Application for Alcoholic Beverage License for Ramen Mania, 19541 Richwood Drive Recommended Action: Recommend approval for Alcoholic Beverage License for Ramen Mania, 19541 Richwood Drive Staff Report A - Application 8. Subject: Application for Alcoholic Beverage License for Lazy Dog Restaurant, 19359 Stevens Creek Boulevard Recommended Action: Recommend approval of Application for Alcoholic Beverage License for Lazy Dog Restaurant, 19359 Stevens Creek Boulevard Staff Report A - Application 9. Subject: Application for Alcoholic Beverage License for Marukai Market, 19750 Stevens Creels Boulevard CITY OF CUPERTINO Page 2 City Council AGENDA January 20, 2015 Recommended Action: Reconunend approval of Application for Alcoholic Beverage License for Marukai Market, 19750 Stevens Creek Boulevard Staff Report A - Application 10. Subject: Application for Alcoholic Beverage License for Shanghai Garden Restaurant, 20956 Homestead Road Recommended Action: Recommend approval of Application for Alcoholic Beverage License for Shanghai Garden Restaurant, 20956 Homestead Road Staff Report A - Application 11. Subject: Budget amendment for the General Plan project Recommended Action: Staff recommends that the City Council 1. Authorize a budget amendment to the General Plan project and 2. Authorize the City Manager to negotiate and execute contracts not to exceed the total approved budgeted amount Staff Report 12. Subject: Civic Center Master Plan consultant contracts Recommended Action: Staff recommends that the City Council authorize the City Manager to negotiate and execute contracts for all remaining services Necessary to complete work directed by the Council on October 21, 2014 Staff Report 13. Subject: City Project, 2013 STP Overlay Project, Project No. 2013-04 Recommended Action: Accept Project No. 2013-04 Staff Report SECOND READING OF ORDINANCES PUBLIC HEARINGS 14. Subject: Cupertino's Climate Action Plan to achieve state recommended greenhouse gas emissions reductions goals outlined in Assembly Bill 32: California Global Warming Solutions Act of 2006 and associated Environmental Review (Addendum to the Environmental Impact Report prepared for 2040 General Plan) Recommended Action: Adopt Resolution No. 15-001 for the Addendum to the 2040 General Plan Environmental Impact Report (EIR) and Cupertino's Climate Action Plan (CAP) (Attachment A, Exhibit 1 and 2) CITY OF CUPERT/NO Page 3 City Council AGENDA January- 20, 2015 Staff Report A - Draft Resolution B - PC Staff Report C - ERC Recommendation 15. Subject: Appeal of a Planning Commission approval of a personal wireless service facility at Cupertino High School (Continued from December 16, 2014) Recommended Action: Staff recommends that the City Council deny the appeal of the Plamiing Cora nission's August 26, 2014 approval Description: Application No(s): DIR-2014-27, EXC-2014-06; Applicant(s): NSA Wireless/Verizon Wireless (Fremont Union High School District); Appellant(s): Muzhou Shao, Huijing Cao, Luweii Lin; Location: 10100 Finch Ave; Appeal of a Planning Commission approval to allow the construction of a personal wireless service facility consisting of six panel antennas mounted on an existing sports field light pole and a base equipment station located in a sports field building and an emergency 'generator located in a fenced . area on a concrete pad at a high school (Cupertino High School); Height Exception to allow the installation of six panel antennas of a proposed personal wireless service facility at a height of 74', 6" or less on an existing sports field light pole at a high school Staff Report A - PC Staff Report dated 8-26-2014 B - Excerpts of Draft PC Minutes 8-26-2014 C- Emails & Letters Verizon Cell Tower Cupertino High School D- Res No 6758, DIR-2014-27 E- Res No 6759, EXC-2014-06 F- Project Description G- Existing Coverage Map H- Proposed Coverage Map I- RFE Study J- Noise Study K- Design Option 1 L- Design Option 2 M- Alternatives Analysis N- TICC Comments O- Plan Set P- Appeal Fonn DIR-2014-27, EXC-2014-06 0- Verizon Search Ring Map R- Verizon Response to Appeal dated 11-26-2014 ORDINANCES AND ACTION ITEMS CITY OF CUPERTINO Page 4 City Council AGENDA January 20, 2015 16. Subject: Order the abatement of a public nuisance (weeds) pursuant to provisions of Ordinance No. 724 and Resolution No. 14-223 Recommended Action: Note objections and adopt the Resolution No. 15-003 ordering abatement of a public nuisance (weeds) Staff Report A - Draft Resolution B - 2015 Weed Abatement Program C - Notice to Destroy Weeds and Program Schedule D - Letter to Property Owners E - Approved Resolution No. 14-223 17. Subject: Ordinance amending Chapter 2.36 of the Cupertino Municipal Code regarding the Parks and Recreation Commission Recommended Action: Conduct the first reading of Ordinance No. 15-2127: "An Ordinance of the City Council of the City of Cupertino amending Section 2.36.303 Members -Vacancy or Removal, Section 2.36.070 Records Required, and Section 2.36.080 Powers and Functions, of the Cupertino Municipal Code regarding the Parks and Recreation Commission" Staff Report A - Draft Ordinance Redlined B - Draft Ordinance Clean REPORTS BY COUNCIL AND STAFF 18. Subject: Present Construction Project Update Report Recommended Action: Receive Project Update Report ADJOURNMENT CITY OF CUPERTINO Page 5 City Council AGENDA January 20, 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 adjudicato7y (quasi-judicial) decision, interested persons 7717tst 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://wlvw.cupertino.org/index.aspx?page=125for a reconsideration petition f07"177. In c0771pliance with the Americans with Disabilities Act (ADA), a7yone who is planning to attend the next City Council meeting who is visually or hearing innpaired 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 f0rinat. Also upon request, inn 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 Racket will be made available for public inspection in the City Clerk's Office located at City Hall, 10300 Torre Avenue, during 17077nal business hours and in Council packet archives linked from the agendahninittes 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 podi1177i and the Mayor will recognise 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 co7nnnent portion of the meeting following the sane procedure described above. Please lin7it 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- yearterm. 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://wwvv.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) 777-3193 GWong@cupertino.org (408) 777-3191 SVaidhyanathan@cupertino.org (408) 777-3195 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/CuperLinoCom 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 10300 Torre Avenue, City Hall Conference Room A Monday, January 26, 2015 5:30 PM Special Meeting NOTICE AND CALL FOR A SPECL4L MEETING OF THE CUPERTINO CITY CO UNCIL NOTICE IS HEREBY GIVEN that a special meeting of the Cupertino City Council is hereby called for Monday, January 26, 2015, commencing at 5:30 p.m. in City Hall Conference Room A, 10300 Torre Avenue, Cupertino, California. Said special meeting shall be for the purpose of the following subject matters: 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. COMMISSIONS INTERVIEWS 1. Subject: Interview applicants for commissions with terms expiring: Technology, Information, and Communications, Housing, Planning, and Parks and Recreation Recommended Action: Conduct interviews and make appointments S FA,l-E OF CALIFORNIA ) SS. CCUNTY OF SANTA CLARA QA AN EIviPLO.EL F THE CITY OF CUPERTINO DEPART NICNT, STAFE UNDER PENALTY OF PER,) URY THAT ON (DATE) (TII/lE) = I P0PN-AS—LLY POSTED THE NOTICE/'AGENDA ON TIIE BULLETIN BOARD AT-\ CITY AlAft.. CITY OF CUPERTINO Page Ii IGNAW RE City Council AGENDA Januaty 26, 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 Avenue, City Hall Conference Room A Tuesday, January 27, 2015 5:00 PM Special Meeting NOTICE AND CALL FOR A SPECIAL MEETING OF THE CUPERTINO CITY COUNCIL NOTICE IS HEREBY GIVEN that a special meeting of the Cupertino City Council is hereby called for Tuesday, January 27, 2015, commencing at S: 00 p. m. in City Hall Conference Room A, 10300 Torre Avenue, Cupertino, California. Said special meeting shall be for the purpose of the following subject matters: 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. COMMISSIONS INTERVIEWS 1. Subject: Interview applicants for commissions with terms expiring: Bicycle Pedestrian, Library, and Fine Arts Recommended Action: Conduct interviews and make appointments A Interview Schedule B - Conunission Diversity Resolution C - Advisory Commissions Resolution D - Bike Ped Questions E - Bike Ped Applications F - Library Questions G - Library Applications H - Fine Arts Questions I - Fine Arts Applications J - Current Conunission List K - Commission Attendance STATE OF CALIFORNIA SS. COU�a= NTA CLARA I,AN EMPLOYEE O�p HE CITY OF CUPERTINO DEPART- NIENT, STATE UNDER PENALTY, OF PERJURY THAT ON (DATE) / (TIME) - /: (11'� , I PE SO-y POSTED TILE N TICE/AGENDA ON THE BULLETIN BOARD AT CITY/ -HALT._ CITY OF CUPERTINO Page 1 DA7CE RE City Council AGENDA January 27, 2015 ADJOURNMENT 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 adjudicatoiy (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 norinal business hours and in Council packet archives linked join 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 font 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 ineeting following the same procedure described above. Please limit your comments to three (3) minutes or less. CITY OF CUPERTINO Page 2 CITY OF CUPERTINO C U FIE AGENDA CITY COUNCIL 10350 Torre Avenue Tuesday, FebrCouncil Chamber nary 3, 2015 5:00 pM NOTI LL FORA SPEC IAL MEETING OF THE CUPERTINO CITY C NOTIC BP GNEN OUNCIL hereby that a special meetin 1' r" Tuesday, February 3 g °f the Cu Confer a A 10300 Torre 2015, pe7"tmo City Council is commencing at 5:00 shall bi Avenue, Cu p 1?�• in Ci �Iurpose of the Cupertino, Cal fort?ia• t3' Hall heard following subject matters. Said special meeting �n in Cor'ununity Hall Council The regular meeting items will be 10350 Torre Avenue, Cupertino, SPECI2ING - 5:00 PM 10300 T City Hall Conference Room A CLOS nr 1' rkers' Co mpensation Claim (Gov't Code Section 54956.95); Qna Mao Agency Claimed A Z. S lference A,— Z. City of Cu with Legal Co pertino Plubdivision d Counsel - Sigrllficant exposure to litiggation ( )(2) of Section 54956.9: One Case Z O REGUL NG - 6:45 PM � O a C c� 10350 T CO7��n?unity Hall Council Chamber" LQ V W PLEDG GIANC,E WCn ROLL O a V CEREMtTTERS AND Z U H PRESENTATIONS U � Q W POSTPQ U 4 H o ORAL Cr 'Z csl �' W �' p ATIONS U W O fi x, r 4 O O W E. HZ H > CITY OF Page I ~ a � � p City Council AGENDA February 3, 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. STUDY SESSION 1. Subject: Study session for the Stevens Creek Creek Corridor Master Plan (SCC Master Plan) proceed with an Environmental Impact Analysis 2015) Recommended Action: Conduct study McClellan Road Creek Corridor Master with an Environmental Impact Analysis. Staff Report A - Option A B - Option B C - Option C D - Exist Condtions Site Map E - Order of Magnitude Costs F - Golf Course Draft Report G - Existing Transp. Conditions H - Demog. & Rec Trends I - Public Input Nov -Dec Summary J - P&R Coimnission Reconnuendations 15.01.08 CONSENT CALENDAR Boulevard to McClellan Road and recommend alternatives to (Re -noticed from January 21, session for the Stevens Creek Boulevard to Plan and recommend alternatives to proceed Unless there are separate discussions and/or actions requested by council, staff or a member of the public, it is requested that items under the Consent Calendar be acted on simultaneously. 2. Subject: Approve the January 20 City Council minutes Recommended Action: Approve the minutes A - Draft Minutes 3. Subject: Approve the January 26 and 27 City Council minutes Recommended Action: Approve the minutes A - Draft Minutes JanuM 2626 B - Draft Minutes January 27 4. Subject: Accept Accounts Payable for period ending January 9, 2015 CITY OF CUPERTINO Page 2 Cite Council AGENDA February 3, 2015 Recommended Action: Adopt Resolution No. 15-004 accepting Accounts Payable for the period ending January 9, 2015 A - Draft Resolution B - AP Report 5. Subject: Accept Accounts Payable for period ending January 16, 2015 Recommended Action: Adopt Resolution No. 15-005 accepting Accounts Payable for the period ending January 16, 2015 A - Draft Resolution B - AP Report 6. Subject: Accept Accounts Payable for period ending January 23, 2015 Recommended Action: Adopt Resolution No. 15-006 accepting Accounts Payable for the period ending January 23, 2015 A - Draft Resolution B - AP Report 7. Subject: Approve exception to the 995 rule for one Temporary Employee with budget adjustment Recommended Action: Approve exception to the 995 rule for one Temporary Employee with budget adjustment of $52,390 resulting in increased appropriations for the City Manager and City Attorney budgets of $26,195 respectively Staff Report A - Personnel Code excerpt 8. Subject: Amend the Catastrophic Leave section of the Memorandum of Understanding between the City of Cupertino and the Operating Engineers Local No. 3 Union, AFL-CIO (OE3) Recommended Action: Adopt Resolution No. 15-007 amending the Catastrophic Leave section of the Memorandum of Understanding between the City of Cupertino and the Operating Engineers Local No. 3 Union, AFL-CIO (OE3) Staff Report A - Draft Resolution B - Side Letter to OE3 MOU 9. Subject: Re -advertise for two vacancies on the Technology, Information, and Communications Commission (TICC) with full terms ending January 2019 Recommended Action: Set an application deadline date of Friday, March 6 at 4:30 p.m. and schedule an interview date of Tuesday, March 17 beginning at 6:00 p.m. Staff Report A - Resolution No. 10-048 advisory commissions 10. Subject: Second Amendment to an Agreement between the City of Cupertino and the Gilbane Building Company for consultant services for construction CITY OF CUPERTINO Page 3 City Council AGENDA February 3, 2015 management on various projects Recommended Action: Approve a Second Amendment to an Agreement between the City of Cupertino and the Gilbane Building Company in the amount not to exceed $1,478,489.00 for an additional term of approximately 12 months, from the date of expiration of the First Amendment through March 31, 2016 Staff Report A - Draft Second Amendment to the Agreement B - Executed First Amendment to the Agreement 11. Subject: City Project, 2014 Pavement Maintenance Phase 1, Project No. 2014-01 Recommended Action: Accept Project No. 2014-01 Staff Report A - 2014 Pavement Maintenance Phase 1 Street List 12. Subject: City Project, 2014 Pavement Maintenance Phase 2, Project No. 2014-04 Recommended Action: Accept Project No. 2014-04 Staff Report 13. Subject: City Project, 2014 Pavement Maintenance Phase 3, Project No. 2014-05 Recommended Action: Accept Project No. 2014-05 Staff Report A - 2014 Pavement Maintenance Phase 3 Street List SECOND READING OF ORDINANCES 14. Subject: Second Reading of "Ordinance amending Chapter 2.36 of the Cupertino Municipal Code regarding the Parks and Recreation Commission" Recommended Action: Conduct the Second Reading and enact Ordinance No. 15-2127: "An Ordinance of the City Council of the City of Cupertino amending Section 2.36.303 Members -Vacancy or Removal, Section 2.36.070 Records Required, and Section 2.36.080 Powers and Functions, of the Cupertino Municipal Code regarding the Parks and Recreation Commission" Staff Report A - Draft Ordinance Redlined B - Draft Ordinance Clean PUBLIC HEARINGS ORDINANCES AND ACTION ITEMS 15. Subject: Civic Center Master Plan Consultant Contracts (Continued from January 20) CITYOF CUPERTINO Page 4 Citv Council AGENDA February 3, 2015 Recommended Action: Staff recommends that the Manager to negotiate and execute contracts for all complete work directed by the Council on October 21, 2014 Staff Report REPORTS BY COUNCIL AND STAFF ADJOURNMENT City Council authorize the City remaining services necessary to 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 offt.ce 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 orhearing impaired or has any disability that needs special assistance should call the City Clerk's Office at 408-777-3223, 48 hours in advance of the Council meeting to arrange for assistance. Upon request, in advance, by a person with a disability, City Council meeting agendas and writings distributed for the meeting that are public records will be made available in the appropriate alternative format. Also upon request, in advance, an assistive listening device can be made available for use during the meeting. Any writings or documents provided to a majority of the Cupertino City Council after publication of the packet will be made available for public inspection in the City Clerk's Office located at City Hall, 10300 Torre Avenue, during normal business hours and in Council packet archives linked from the agenda/minutes page on the Cupertino web site. Members of the public are entitled to address the City Council concerning any item that is described in the notice or agenda for this meeting, before or during consideration of that item. If you wish to address the Council on any issue that is on this agenda, please complete a speaker request card located in front of the Council, and deliver it to the Clerk prior to discussion of the item. When you are called, proceed to the podium and the Mayor will recognize you. If you wish to address the City Council on any other item not on the agenda, you may do so by during the public comment portion of the meeting following the same procedure described above. Please limit your comments to three (3) minutes or less. CITY OF CUPERTINO Page 5 CITY OF CUPERTINO L� AGENDA CUPERTINO CITY COUNCIL 10350 Torre Avenue, Council Chamber Tuesday, February 3, 2015 5:00 PM AMENDED NOTICE AND CALL FOR A SPEC]AL MEETING OF THE CUPERTINO CITY COUNCIL NOTICE IS HEREBY GIVEN that a special meeting of the Cupertino City Council is hereby called for Tuesday, February 3, 2015, commencing at 5:00p.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 - 5:00 PM 10300 Torre Avenue, City Hall Conference Room A CLOSED SESSION 1. 2. Subject: Workers' Compensation Claim (Gov't Code Section 54956.95k ® F-L ti, >j Claimant: Tina Mao, Agency Claimed Against: City of Cupertino -< ;4 b� O Subject: Conference with Legal Counsel - Significant exposure'to i gat Q >-4 1 Z ® x pursuant to subdivision (d)(2) of Section 54956.9: One Case U Z�� REGULAR MEETING - 6:45 PM w a -- ar Z U 10350 Torre Avenue, Community Hall Council Chamber W �~ F-+ PLEDGE OF ALLEGIANCE Z U" U Q 2 , U w zz -4 ® ROLL CALL E-� ` O `� CEREMONIAL MATTERS AND PRESENTATIONS U U W H , ® �z POSTPONEMENTS W ti z ORAL COMMUNICATIONS O Z E O p CITY OF CUPERTINO Page I City Council AGENDA February 3, 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. STUDY SESSION 1. Subject: Study session for the Stevens Creek Boulevard to McClellan Road Creek Corridor Master Plan (SCC Master Plan) and recommend alternatives to proceed with an Environmental Impact Analysis. (Re -noticed from January 21, 2015) Recommended Action: Conduct study McClellan Road Creek Corridor Master with an Environmental Impact Analysis. Staff Report A - Option A B - Option B C - Option C D - Exist Condtions Site Map E - Order of Magnitude Costs F - Golf Course Draft Report G - Existing Transp. Conditions H - Demog& Rec Trends I - Public Input Nov -Dec Summary J - P&R Commission Recommendations 15.01.08 CONSENT CALENDAR session for the Stevens Creek Boulevard to Plan and recommend alternatives to proceed Unless there are separate discussions and/or actions requested by council, staff or a member of the public, it is requested that items under the Consent Calendar be acted on simultaneously. 2. Subject: Approve the January 20 City Council minutes Recommended Action: Approve the minutes A - Draft Minutes 3. Subject: Approve the January 26 and 27 City Council minutes Recommended Action: Approve the minutes A - Draft Minutes JanuM 26 B - Draft Minutes January 27 CITY OF CUPERTINO Page 2 City Council AGENDA February 3, 2015 4. Subject: Accept Accounts Payable for period ending January 9, 2015 Recommended Action: Adopt Resolution No. 15-004 accepting Accounts Payable for the period ending January 9, 2015 A - Draft Resolution B - AP Report 5. Subject: Accept Accounts Payable for period ending January 16, 2015 Recommended Action: Adopt Resolution No. 15-005 accepting Accounts Payable for the period ending January 16, 2015 A - Draft Resolution B - AP Report 6. Subject: Accept Accounts Payable for period ending January 23, 2015 Recommended Action: Adopt Resolution No. 15-006 accepting Accounts Payable for the period ending January 23, 2015 A - Draft Resolution B - AP Report 7. Subject: Approve exception to the 995 rule for one Temporary Employee with budget adjustment Recommended Action: Approve exception to the 995 rule for one Temporary Employee with budget adjustment of $52,390 resulting in increased appropriations for the City Manager and City Attorney budgets of $26,195 respectively Staff Report A - Personnel Code excerpt 8. Subject: Amend the Catastrophic Leave section of the Memorandum of Understanding between the City of Cupertino and the Operating Engineers Local No. 3 Union, AFL-CIO (OE3) Recommended Action: Adopt Resolution No. 15-007 amending the Catastrophic Leave section of the Memorandum of Understanding between the City of Cupertino and the Operating Engineers Local No. 3 Union, AFL-CIO (0E3) Staff Report A - Draft Resolution B - Side Letter to OE3 MOU 9. Subject: Re -advertise for two vacancies on the Technology, Information, and Communications Commission (TICC) with full terms ending January 2019 Recommended Action: Set an application deadline date of Friday, March 6 at 4:30 p.m. and schedule an interview date of Tuesday, March 17 beginning at 6:00 p.m. Staff Report A - Resolution No. 10-048 advisory commissions CITY OF CUPERTINO Page 3 City Council AGENDA February 3, 2015 10. Subject: Second Amendment to an Agreement between the City of Cupertino and the Gilbane Building Company for consultant services for construction management on various projects Recommended Action: Approve a Second Amendment to an Agreement between the City of Cupertino and the Gilbane Building Company in the amount not to exceed $1,478,489.00 for an additional term of approximately 12 months, from the date of expiration of the First Amendment through March 31, 2016 Staff Report A - Draft Second Amendment to the Agreement B - Executed First Amendment to the Agreement 11. Subject: City Project, 2014 Pavement Maintenance Phase 1, Project No. 2014-01 Recommended Action: Accept Project No. 2014-01 Staff Report A - 2014 Pavement Maintenance Phase 1 Street List 12. Subject: City Project, 2014 Pavement Maintenance Phase 2, Project No. 2014-04 Recommended Action: Accept Project No. 2014-04 Staff Report 13. Subject: City Project, 2014 Pavement Maintenance Phase 3, Project No. 2014-05 Recommended Action: Accept Project No. 2014-05 Staff Report A - 2014 Pavement Maintenance Phase 3 Street List SECOND READING OF ORDINANCES 14. Subject: Second Reading of "Ordinance amending Chapter 2.36 of the Cupertino Municipal Code regarding the Parks and Recreation Commission" Recommended Action: Conduct the Second Reading and enact Ordinance No. 15-2127: "An Ordinance of the City Council of the City of Cupertino amending Section 2.36.303 Members -Vacancy or Removal, Section 2.36.070 Records Required, and Section 2.36.080 Powers and Functions, of the Cupertino Municipal Code regarding the Parks and Recreation Commission" Staff Report A - Draft Ordinance Redlined B - Draft Ordinance Clean PUBLIC HEARINGS CITY OF CUPERTINO Page 4 City Council AGENDA February 3, 201- ORDINANCES AND ACTION ITEMS 15. Subject: Civic Center Master Plan Consultant Contracts (Continued from January 20) Recommended Action: Staff recommends that the Manager to negotiate and execute contracts for all complete work directed by the Council on October 21, 2014 Staff Report REPORTS BY COUNCIL AND STAFF ADJOURNMENT City Council authorize the City remaining services necessary to 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://wwiv.cupertino.orglindex.aspx?page=125 for a reconsideration petition form. I4 compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend the next City Council meeting who is visually or hearing impaired or has any disability that needs special assistance should call the City Clerk's Office at 408-777-3223, 48 hours in advance of the Council meeting to arrange for assistance. Upon request, in advance, by a person with a disability, City Council meeting agendas and writings distributed for the meeting that are public records will be made available in the appropriate alternative format. Also upon request, in advance, an assistive listening device can be made available for use during the meeting. Any writings or documents provided to a majority of the Cupertino City Council after publication of the packet will be made available for public inspection in the City Clerk's Office located at City Hall, 10300 Torre Avenue, during normal business hours and in Council packet archives linked from the agenda/minutes page on the Cupertino web site. Members of the public are entitled to address the City Council concerning any item that is described in the notice or agenda for this meeting, before or during consideration of that item. If you wish to address the Council on any issue that is on this agenda, please complete a speaker request card located in front of the Council, and deliver it to the Clerk prior to discussion of the item. When you are called, proceed to the podium and the Mayor will recognize you. If you wish to address the City Council on any other item not on the agenda, you may do so by during the public comment portion of the meeting following the same procedure described above. Please limit your comments to three (3) minutes or less. CITY OF CUPERTINO Page 5 AGENDA OF THE CITY COUNCIL Anlende TUESDAY, MARCH 3, 2015 Special Meeting 4:30 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 • Barry Chang Vice Mayor Darcy Paul Council Member Grace Schmidt City Clerk • Staff Staff • STATE • OF CAL i�"vTIA ) Staff staff )SS. • co�1i TY,0 SAINT CL, I, Irs cam, S�jt1alZ-? ATMZ EMPLOYEE OF Tip CI i Y OF CUP FitrINO , "-e_ D E PAR.-' Speaker's P./IE NT STATE Ui�DP- R PENALTY OF Podium PERJURY THAT ON (>J %TE) (TIME) —7 < ,_NX11 SiE POSTED THE NOTICE/,- GENDA ON T BULLETIN BOARD Ai CITY IAA i E -- - - - COMMUNITY HALL COUNCIL CHAMBER 10350 ToiTe Avenue, Cupertino, California 95014 (408) 777-3200 (City Hall) wwiv.cupertino.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 o 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.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?pa ge=125 for a reconsideration petition form. CITY OF CUPERTINO AGENDA CUPERTINO CITY COUNCIL 10350 Torre Avenue, Council Chamber Tuesday, March 3, 2015 4:30 PM Amended Amended on 2/26/15 to add Staff Report and Attachments A-C to Item 914 Mid -Year Financial Report 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, March 03, 2015, commencing at 4:30 p.m. in Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, California. Said special meeting shall be for the purpose of conducting business on the subject matters listed below under the heading, "Special Meeting." The regular meeting items will be heard at 6:45 p.m. in Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, California. SPECIAL MEETING STUDY SESSION - 4:30 PM Community Hall Council Chamber, 10350 Torre Avenue ROLL CALL 1. Subject: Work Program study session Recommended Action: Review the 2015/2016 Work Program A - Redlined Copy - Work Program 2015-2016 B - Clean Copy - Work Program 2015-2016 ADJOURNMENT REGULAR MEETING PLEDGE OF ALLEGIANCE - 6:45 PM Community Hall Council Chamber, 10350 Torre Avenue CITY OF CUPERTIA'O Page 1 City Council AGENDA -larch 3, 201-S ROLL CALL CEREMONIAL MATTERS AND PRESENTATIONS 1. Subject: Presentation by Tim McRae, Director of Energy for the Silicon Valley Leadership Group (SVLG) regarding the "Turning Red Tape into Red Carpet" award program that honors the best practices and innovative services of government entities in the Silicon Valley region Recommended Action: Receive the presentation POSTPONEMENTS ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the council on any matter not on the agenda. Speakers are limited to three (3) minutes. In most cases, State law will prohibit the council from making any decisions with respect to a matter not listed on the agenda. CONSENT CALENDAR Unless there are separate discussions and/or actions requested by council, staff or a member of the public, it is requested that items under the Consent Calendar be acted on simultaneously. 2. Subject: Accept Accounts Payable for period ending January 30, 2015 Recommended Action: Adopt Resolution No. 15-008 accepting Accounts Payable for the period ending January 30, 2015 A - Draft Resolution B - AP Report 3. Subject; Accept Accounts Payable for period ending February 6, 2015 Recommended Action: Adopt Resolution No. 15-009 accepting Accounts Payable for the period ending February 6, 2015 A - Draft Resolution B - AP Report 4. Subject: Accept Accounts Payable for period ending February 13, 2015 Recommended Action: Adopt Resolution No. 15-010 accepting Accounts Payable for the period ending February 13,2015 A - Draft Resolution B - AP Report CITY OF CUPERTIA'O Page 2 City Council AGENDA March 3, 2015 5. Subject: Approve appointment of the Planning Commission representative to the Environmental Review Committee Recommended Action: Approve appointment Staff Report 6. Subject: Application for Alcoholic Beverage License for Kikusushi Japanese Restaurant, 1655 S De Anza Boulevard, Suite 6 Recommended Action: Recommend approval of Application for Alcoholic Beverage License for Kikusushi Japanese Restaurant, 1655 S De Anza Boulevard, Suite 6 Staff Report A - Application 7. Subject: Application for Alcoholic Beverage License for Chipotle Mexican Grill Store 2549, 20688 Homestead Road Recommended Action: Recommend approval of Application for Alcoholic Beverage License for Chipotle Mexican Grill Store 2549, 20688 Homestead Road Staff Report A - Application 8. Subject: Application for Alcoholic Beverage License for Safeway #3251, 20620 Homestead Road Recommended Action: Recommend approval of Application for Alcoholic Beverage License for Safeway #3251, 20620 Homestead Road Staff Report A - Application 9. Subject: Application for Alcoholic Beverage License for Gumbas Restaurant, 21678 Stevens Creek Boulevard Recommended Action: Recommend approval of Application for Alcoholic Beverage License for Gumbas Restaurant, 21678 Stevens Creek Boulevard Staff Report A - Application SECOND READING OF ORDINANCES PUBLIC HEARINGS ORDINANCES AND ACTION ITEMS 10. Subject: Pilot Program for Early Morning Collection of Recology Containers on Select Streets in the Tri-School Area. Recommended Action: Provide direction to staff on whether to implement the pilot program as proposed. CITY OF CUPERTINO Page 3 City Council AGENDA March 3, 2015 Staff Report A — February 2nd & February 18th Notification to Residents B — Aerial Map of Select Streets C — Access Cupertino Conunents D — Draft Educational Door Hanger 11. Subject: An Ordinance of the City Council of the City of Cupertino Amending Section 11.32 of the Cupertino Municipal Code Relating to Truck Traffic Routes. Recommended Action: Conduct First Reading of Ordinance No. 15-2128: "An Ordinance of the City Council of the City of Cupertino amending Chapter 11.32 of the Cupertino Municipal Code to restrict truck access to streets adjacent to public schools during certain hours" Staff Report A - Draft Ordinance B - Draft Redlined Ordinance 12. Subject: 2015 Bikeway Improvement Prioritization update to the 2011 Cupertino Bicycle Transportation Plan Recommended Action: Adopt the 2015 Bikeway Improvement Prioritization update to the 2011 Cupertino Bicycle Transportation Plan Staff Report A — Cupertino Bicycle Transportation Plan 2015 Update 13. Subject: Update of the City of Cupertino Americans with Disabilities Act (ADA) Self -Evaluation and Transition Plan Recommended Action: Approval of the City of Cupertino Americans with Disabilities Act (ADA) Self -Evaluation and Transition Plan Update Staff Report A — City of Cupertino Self -Evaluation and Transition Plan B — City of Cupertino Self -Evaluation and Transition Plan Appendices 14. Subject: Consideration and approval of the Mid -Year Financial Report and recommended budget adjustments for fiscal year (FY) 2014-2015 Recommended Action: 1. Accept the City Manager's Mid -Year Financial Report 2. Approve the Mid -Year adjustments for fiscal year 2014-2015 as described in the Mid -Year Financial Report 3. Adopt Resolution No. 15-011 approving Mid -Year budget adjustments Staff Report A - Mid -Year Financial Report for Fiscal Year 2014-2015 B - Draft Resolution C - Budget Journals 15. Subject: Set the dates for the Teen Commission application deadline and interviews and discuss potential streamlining of application process CITY OF CUPERTINO Page 4 City Council AGENDA i larch 3, 2015 Recommended Action: Staff recommends the following: 1. Applications due in the City Clerk's office by 4:30 p.m. on Friday, May 8; and 2. Interviews held beginning at 3:30 p.m. on Tuesday, May 26 and Wednesday, May 27 (as needed); 3. Discuss potential streamlining of the application process and direct staff to to prepare a draft resolution noting any changes Council would like to make Staff Report A - Adopted Resolution 02-065 B - Adopted Resolution No. 09-115 REPORTS BY COUNCIL AND STAFF 16. Subject: Construction Project Update Report Recommended Action: Receive Construction Update Report 17. Subject: Report on Committee Assignments Recommended Action: Report on Committee Assignments ADJOURNMENT CITY OF CUPERTINO Page 5 City Council AGENDA March 3, 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 f-om the agenda/ininutes page on the Cupertino web site. Members of the public are entitled to address the City Council concerning a�zy 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- yearterm. The City Council receives advice and assistance from nine commissions, which are appointed by the Council. These are the Bicycle Pedestrian Commission, Fine Arts Commission, Cupertino Housing Commission, Library Commission, Parks and Recreation Commission, Planning Commission, Public Safety Commission, Teen Commission, and the Technology, Information, and Communications Commission. Council members also serve on a variety of regional bodies, including: Association of Bay Area Governments League of California Cities Santa Clara County (SCC) Cities Association SCC Emergency Preparedness Council SCC Library District SCC Emergency Preparedness Commission Santa Clara Valley Water Commission and Water District SCC Transportation Authority West Valley Mayors and Managers STAFF The City Manager and the City Attorney are appointed by the Council. The City Manager is responsible for interpreting and carrying out Council policies and direction, and as the chief administrative officer, the City Manager coordinates the many activities of the city and appoints the professional and technical staff. The City Attorney is the advisor to the City Council as a whole. TYPES OF COUNCIL ACTIONS ORDINANCES Ordinances are the means by which the City enacts its local laws. Unless an urgent situation exists, ordinances will first be presented at a Council meeting as a "first reading." At a subsequent Council meeting, there will be a "second reading and adoption." Ordinances go into effect after a waiting period of thirty days, in most cases, during which time the summary of the ordinance is published in a local newspaper approved for this purpose. RESOLUTIONS Resolutions and minute orders are the means by which the City Council formally adopts policies or approves specific actions. These go into effect when adopted. APPEALS Any interested person, including a Council member, may appeal a Planning Commission or Director of Community Development decision to the City Council. An appeal must be submitted in writing to the City Clerk within 14 calendar days of the mailing of the notice of the decision. RECONSIDERATION Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City's decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's office for more information or go to www. http://www.cupertino.org/index.aspx?page=125 for a reconsideration petition form. COMMUNICATING WITH COUNCIL All Council members: citycouncil@cupertino.org Rod Sinks RSinl<s@cupertino.org (408) 777-3194 Barry Chang BChang@cupertino.org (408) 777-3192 Darcy Paul DPaul@cupertino.org (408) 777-3193 Gilbert Wong GWong@cupertino.org (408) 777-3191 Savita Vaidhyanathan SVaidhyanathan@cupertino.org (408) 777-3195 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 AGENDA OF THE CITY COUNCIL TUESDAY, MARCH 17, 2015 Special Meeting 5:00 PM Regular Meeting 6:45 PM Rod Sinks Savita Vaidhyanathan May or Barry Chang Gilbert Wong Council Member Vice Mayor Darcy Paul Council Member Council Member Carol Korade Grace Schmidt City Attorney City Clerk David Brandt • • • • City Manager • • / Staff Staff • • Staff STATE OF CALIFO Sta� • ) SS. CO I`dTY OF SANTA CL FI, l R-97 E=-0 Ci7U,,J:7r2C( 6 ) , AN 4-0 I Eiv1PLOYEE OF THE CITY OF CUPER T INO G{ e.,r DEPA R T- Speaker'sfV1,P"IT, STATE UNDER PENAL Y OF Podium I>a ;HIT ; RY THAT ON (DATE) (F[!l /[E) 7: f S eM_, POSTE-D THE j ,d­;`F #C1— ACTENDA ON Tile BULLETIN BOARD AI' CITY I l.k = r_,. DAd COMMUNITY HALL COUNCIL CHAMBER 10350 Torre Avenue, Cupertino, California 95014 (408) 777-3200 (City Hall) wwwxupertino.orcy 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 avenue 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 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 10350 Torre Avenue, Council Chamber Tuesday, March 17, 2015 5:00 PM 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, March 17, 2015, commencing at 5:00 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 - 5:00 PM City Hall Conference Room A, 10300 Torre Avenue CLOSED SESSION 1. Subject: Public Employment (54957) - Title: City Attorney 2. Subject: Public Employee Performance Evaluation (54957) - Title: City Attorney COMMISSION INTERVIEWS - 6:00 PM City Hall Conference Room A, 10300 Torre Avenue 3. Subject: Interview applicants for the Teclulology, Information, and Communications Commission (TICC) Recommended Action: Conduct interviews and make appointments CITY OF CUPERTINO Page I City Council AGENDA March 17, 2015 A - Interview Schedule B - Commission Diversity Resolution C - Advisory Commissions Resolution D - TICC Questions E - TICC Applications F - Current Commission List G - 2015 Commission Attendance Report ADJOURNMENT REGULAR MEETING PLEDGE OF ALLEGIANCE - 6:45 PM Community Hall Council Chamber,10350 Torre Avenue ROLL CALL CEREMONIAL MATTERS AND PRESENTATIONS 1. Subject: Update from Captain Rick Sung regarding crime statistics Recommended Action: Receive the update POSTPONEMENTS 2. Subject: GPA for changes to development allocations that was originally noticed for tonight's agenda was re -noticed to April 21 ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the council on any matter not on the agenda. Speakers are limited to three (3) minutes. In most cases, State law will prohibit the council from making any decisions with respect to a matter not listed on the agenda. CONSENT CALENDAR Unless there are separate discussions and/or actions requested by council, staff or a member of the public, it is requested that items under the Consent Calendar be acted on simultaneously. 3. Subject: Approve the February 3 City Council minutes Recommended Action: Approve the minutes A - Draft Minutes 4. Subject: Approve the March 3 City Council minutes CITY OF CUPERTINO Page 2 City Council AGENDA 'lurch 17, 2015 Recommended Action: Approve the minutes A - Draft Minutes 5. Subject: Accept Accounts Payable for period ending February 20, 2015. Recommended Action: Adopt Resolution No. 15-012 accepting Accounts Payable for the period ending February 20, 2015. A - Draft Resolution B - AP Report 6. Subiect: Accept Accounts Payable for the period ending February 27, 2015. Recommended Action: Adopt Resolution No. 15-013 accepting Accounts Payable for the period ending February 27, 2015. A - Draft Resolution B - AP Report 7. Subject: Accept Accounts Payable for period ending March 6, 2015. Recommended Action: Adopt Resolution No. 15-014 accepting Accounts Payable for period ending March 6, 2015. A - Draft Resolution B - AP Report 8. Subject: Application for Alcoholic Beverage License for Eureka! Burger, 19369 Stevens Creek Boulevard, Suite 300 Recommended Action: Recommend approval of Application for Alcoholic Beverage License for Eureka! Burger, 19369 Stevens Creek Boulevard, Suite 300 Staff Report A - Application 9. Subject: Notice of Intent to Vacate a Portion of the Cordova Road Roadway Easement, Along 10645, 10655, and 10665 Cordova Road Recommended Action: Adopt Resolution No. 15-015 to notice the public of the intent to vacate a portion of Cordova Road, and set a public hearing on April 7, 2015 at 6:45p.m. Staff Report A - Draft Resolution 10. Subject: Update of Master Street Tree List Recommended Action: Adopt Resolution No. 15-016 to update the Master Street Tree List CITY OF CUPERTINO Page 3 City Council AGENDA March 17, 2015 Staff Report A - Revised Master Street Tree List B - Redlined Revised Master Street Tree List C - Themed Neighborhood Map, D - Redlined Themed Neighborhood Map E - Draft Resolution 11. Subject: Public Building Solar Installation - Service Center Recommended Action: Accept City project Staff Report 12. Subject: Sport Center Tennis Court Retaining Wall Replacement Recommended Action: Accept City Project Staff Report SECOND READING OF ORDINANCES PUBLIC HEARINGS ORDINANCES AND ACTION ITEMS 13. Subject: Consider cancelling meeting(s) in the suminer Recommended Action: Provide direction to staff Staff Report REPORTS BY COUNCIL AND STAFF 14. Subject: Construction Project Update Report (Continued from March')) Recommended Action: Receive Construction Project Update Report 15. Subject: Report on Committee Assignments Recommended Action: Report on Committee Assignments ADJOURNMENT CITY OF CUPERTINO Page 4 City Council AGENDA march 17, 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 =1 25 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 fi°om the agenda/minutes page on the Cupertino web site. Members of the public are entitled to address the City Council concerning any item that is described in the notice or agenda for this meeting, before or during consideration of that item. If you wish to address the Council on any issue that is on this agenda, please complete a speaker request card located in front of the Council, and deliver it to the Clerk prior to discussion of the item. When you are called, proceed to the podium and the Mayor will recognize you. If you wish to address the City Council on any other item not on the agenda, you may do so by during the public comment portion of the meeting following the same procedure described above. Please limit your comments to three (3) minutes or less. CITY OF CUPERTINO Page 5 THE CITY COUNCIL AND STAFF CITY COUNCIL Cupertino is a General Law city organized under and subject to statutes of the State of California. It is governed by the five -member City Council with the Mayor as the presiding officer. City Council members are elected at -large to four-year, overlapping terms. Each November a mayor and a vice -mayor are selected by the City Council for a one-year term. The City Council receives advice and assistance from nine commissions, which are appointed by the Council. These are the Bicycle Pedestrian Commission, Fine Arts Commission, Cupertino Housing Commission, Library Commission, Parks and Recreation Commission, Planning Commission, Public Safety Commission, Teen Commission, and the Technology, Information, and Communications Commission. [ Council members also serve on a variety of regional bodies, including: Association of Bay Area Governments League of California Cities Santa Clara County (SCC) Cities Association SCC Emergency Preparedness Council SCC Library District SCC Emergency Preparedness Commission Santa Clara Valley Water Commission and Water District SCC Transportation Authority West Valley Mayors and Managers STAFF The City Manager and the City Attorney are appointed by the Council. The City Manager is responsible for interpreting and carrying out Council policies and direction, and as the chief administrative officer, the City Manager coordinates the many activities of the city and appoints the professional and technical staff. The City Attorney is the advisor to the City Council as a whole. TYPES OF COUNCIL ACTIONS ORDINANCES Ordinances are the means by which the City enacts its local laws. Unless an urgent situation exists, ordinances will first be presented at a Council meeting as a "first reading." At a subsequent Council meeting, there will be a "second reading and adoption." Ordinances go into effect after a waiting period of thirty days, in most cases, during which time the summary of the ordinance is published in a local newspaper approved for this purpose. RESOLUTIONS Resolutions and minute orders are the means by which the City Council formally adopts policies or approves specific actions. These go into effect when adopted. APPEALS Any interested person, including a Council member, may appeal a Planning Commission or Director of Community Development decision to the City Council. An appeal must be submitted in writing to the City Clerk within 14 calendar days of the mailing of the notice of the decision. RECONSIDERATION Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City's decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's office for more information or go to www. http://www.cupertino.org/index.aspx?page=125 for a reconsideration petition form. COMMUNICATING WITH COUNCIL All Council members citycouncil@cupertino.org Rod Sinks RSinks@cupertino.org (408) 777-3194 Barry Chang BChang@cupertino.org (408) 777-3192 Darcy Paul DPaul@cupertino.org (408) 777-3193 Gilbert Wong GWong@cupertino.org (408) 777-3191 Savita Vaidhyanathan SVaidhyanathan@cupertino.org (408) 777-3195 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 AGENDA OF THE CITY COUNCIL Amended TUESDAY, MARCH 17, 2015 Special Meeting 4:30 PM Regular Meeting 6:45 PM Savita Vaidhyanathan Rod Sinks Mayor Gilbert Wong Council Member Council Member Carol Korade City Attorney David Brandt ® 4 City Manager Staff Staff Barry Chang Vice Mayor Darcy Paul Council Member L / Grace Schmidt City Clerk STATE OF Staff Staff; SS. COUNTY Off' SAI�ITi� A l ® EMPLOYEE OF TH CITY OF CUPERTINO DEPART - Speaker's TVIENT, STATE UNDER PENALTY OF Podium PERJURY THAT ON (DATE) (TIME) 3 : `-(S P111 , I PERSONALLY POSTED THE NOTICE;%AGENDA ON THE BULLETIN BOARD AT CITY HALL. 3 k -?d o� V—� ;4��, � DAI E S1GTIV hnfl L1 R' E COMMUNITY HALL COUNCIL CHAMBER 10350 Torre Avenue, Cupertino, Califorma 95014 (408) 777-3200 (City Hall) wwwxupertino.or, 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: i 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 s, 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 10350 Torre Avenue, Council Chamber Tuesday, March 17, 2015 4:30 PM AMENDED Amended on 3/12/15 to add special meeting Item #la and change start time from 5:00 p.m. to 4:30 p.m. 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, March 17, 2015, commencing at 4:30 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 - 4:30 PM City Hall Conference Room A, 10300 Torre Avenue CLOSED SESSION Ia. Subject: Conference with Legal Counsel -Anticipated Litigation; Initiation of Litigation pursuant to paragraph (4) of subdivision (d) of Gov't Section 54956.9: One Case 1. Subject: Public Employment (54957) - Title: City Attorney 2. Subject: Public Employee Performance Evaluation (54957) - Title: City Attorney COMMISSIONS INTERVIEWS - 6:00 PM City Hall Conference Room A, 10300 Torre Avenue 3. Subject: Interview applicants for the Teclulology, Information, and CITY OF CUPERTINO Page I City Council AGENDA March 17, 2015 Communications Commission (TICC) Recommended Action: Conduct interviews and make appointments A - Interview Schedule B - Commission Diversity Resolution C - Advisory Commissions Resolution D - TICC Questions E - TICC Applications F - Current Commission List Q - 2015 Conunission Attendance Report ADJOURNMENT REGULAR MEETING PLEDGE OF ALLEGIANCE - 6:45 PM Community Hall Council Chamber, 10350 Torre Avenue ROLL CALL CEREMONIAL MATTERS AND PRESENTATIONS 1. Subject: Update from Captain Rick Sung regarding crime statistics Recommended Action: Receive the update POSTPONEMENTS 2. Subject: GPA for changes to development allocations that was originally noticed for tonight's agenda was re -noticed to April 21 ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the council on any matter not on the agenda. Speakers are limited to three (3) minutes. In most cases, State law will prohibit the council from making any decisions with respect to a matter not listed on the agenda. CONSENT CALENDAR Unless there are separate discussions and/or actions requested by council, staff or a member of the public, it is requested that items under the Consent Calendar be acted on simultaneously. 3. Subject: Approve the February 3 City Council minutes Recommended Action: Approve the minutes CITY OF CUPERTINO Page 2 City Council AGENDA March 17, 2015 A - Draft Minutes 4. Subject: Approve the March 3 City Council minutes Recommended Action: Approve the minutes A - Draft Minutes 5. Subject: Accept Accounts Payable for period ending February 20, 2015. Recommended Action: Adopt Resolution No. 15-012 accepting Accounts Payable for the period ending February 20, 2015. A - Draft Resolution B - AP Report 6. Subject: Accept Accounts Payable for the period ending February 27, 2015. Recommended Action: Adopt Resolution No. 15-013 accepting Accounts Payable for the period ending February 27, 2015. A - Draft Resolution B - AP Report 7. Subject: Accept Accounts Payable for period ending March 6, 2015. Recommended Action: Adopt Resolution No. 15-014 accepting Accounts Payable for period ending March 6, 2015. A - Draft Resolution B - AP Report 8. Subject: Application for Alcoholic Beverage License for Eureka! Burger, 19369 Stevens Creek Boulevard, Suite 300 Recommended Action: Recommend approval of Application for Alcoholic Beverage License for Eureka! Burger, 19369 Stevens Creek Boulevard, Suite 300 Staff Report A - Application 9. Subject: Notice of Intent to Vacate a Portion of the Cordova Road Roadway Easement, Along 10645, 10655, and 10665 Cordova Road Recommended Action: Adopt Resolution No. 15-015 to notice the public of the intent to vacate a portion of Cordova Road, and set a public hearing on April 7, 2015 at 6:45p.m. Staff Report A - Draft Resolution 10. Subject: Update of Master Street Tree List Recommended Action: Adopt Resolution No. 15-016 to update the Master Street Tree List CITY OF CUPERTINO Page 3 City Council AGENDA March 17, 2015 Staff Report A - Revised Master Street Tree List B - Redlined Revised Master Street Tree List C - Themed Neighborhood Map D - Redlined Themed Neighborhood Map E - Draft Resolution 11. Subject: Public Building Solar Installation - Service Center Recommended Action: Accept City project Staff Report 12. Subject: Sport Center Tennis Court Retaining Wall Replacement Recommended Action: Accept City Project Staff Report SECOND READING OF ORDINANCES PUBLIC HEARINGS ORDINANCES AND ACTION ITEMS 13. Subject: Consider cancelling meeting(s) in the summer Recommended Action: Provide direction to staff Staff Report REPORTS BY COUNCIL AND STAFF 14. Subject: Construction Project Update Report (Continued from March 3) Recommended Action: Receive Construction Project Update Report 15. Subject: Report on Committee Assignments Recommended Action: Report on Committee Assignments ADJOURNMENT CITY OF CUPERTINO Page 4 City Council AGENDA March 17, 201i 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 foin the agendalminutes 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 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 5 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 respectthe opinions of others and refrain from outward expressions of emotions such as cheering or clapping. Such behavior delays the meeting and may intimidate other persons wishing to express alternate views. Loud, unruly outbursts will result in removal from the meeting. The proceedings of the meeting are recorded on audiotape and videotape; therefore, members of the audience who address the City Council must come to the lectern/microphone, and are requested to complete a Speaker Card and identify themselves. FLOWCHART FOR AGENDA ITEMS: Mayor introduces agenda item 1 Staff reports and makes �f recommendation 1 Applicant 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.cupert!no.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. 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) 777-3193 Gilbert Wong GWong@cupertino.org (408) 777-3191 Savita Vaidhyanathan SVaidhyanathan@cupertino.org (408) 777-3195 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. i 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