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HomeMy WebLinkAboutCity Council - 2014CALL 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 21, 2014, commencing at 5:30 p.m. in the Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, CA 95014. Said special meeting shall be for the purpose of conducting a closed session regarding Conference with Legal Counsel — Initiation of litigation pursuant to subdivision (c) of Section 54956.9: One Case; Conference with Labor Negotiator (Government Code 54957.6); Agency designated negotiators: Director of Administrative Services, City Manager, and Dania Torres Wong; Employee organizations: Operating Engineers Local No. 3 Union; Cupertino Employees' Association; Unrepresented (Management and Confidential) Employees' Compensation Program; Appointed Employees' Compensation Program. The regular meeting will begin at 6:45 p.m. Dated: January 15, 2014 STATE OF CALIFORNIA ) SS. (_'(-)i` '1'Y M SANTA CLAD ) C, AN EMPLOYEE OF THE CITY OF CAPER TINO C-( e- r �- DE1'APiT- IUIENT, STATE, UPgDT R PENAL Y OF PERJURY THAT ON (Dc.TE) 1 11(1, � 4 (TINNIE) 8..3 , 1 PERSONALLY POSTED THE NOTIC'L/AGENDA ON Tl-TE, BULLETIN BOARD AT CITY fIAT L. Kirsten Squarcia Deputy City Clerk AGENDA CUPERTINO CITY COUNCIL - SPECIAL MEETING 10350 Torre Avenue, Community Hall Council Chamber Tuesday, January 21, 2014 5:30 PM CITY COUNCIL MEETING ROLL CALL - 5:30 PM CLOSED SESSION 1. Subject: Conference with Legal Counsel - Initiation of litigation pursuant to subdivision (c) of Section 54956.9: One Case 2. Subject: Conference with Labor Negotiator (Government Code 54957.6); Agency designated negotiators: Director of Administrative Services, City Manager, and Dania Torres Wong; Employee organizations: Operating Engineers Local No. 3 Union; Cupertino Employees' Association; Unrepresented (Management and Confidential) Employees' Compensation Program; Appointed Employees' Compensation Program PLEDGE OF ALLEGIANCE - 6:45 PM ROLL CALL CEREMONIAL MATTERS AND PRESENTATIONS 3. Subject: Public Safety Commission annual update Recommended Action: Receive the update No written materials Page: No written materials in packet POSTPONEMENTS Tuesday, January 21, 2014 Cupertino City Council ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the council on any matter not on the agenda. Speakers are limited to three (3) minutes. In most cases, State law will prohibit the council from making any decisions with respect to a matter not listed on the agenda. CONSENT CALENDAR Unless there are separate discussions and/or actions requested by council, staff or a member of the public, it is requested that items under the Consent Calendar be acted on simultaneously. 4. Subject: Approve the December 17 City Council minutes Recommended Action: Approve the minutes A - Draft Minutes Page: 11 5. Subject: Accept Accounts Payable for period ending December 6, 2013 Recommended Action: Adopt Resolution No. 14-109 accepting Accounts Payable for period ending December 6, 2013 A - Draft Resolution Page: 17 6. Subject: Accept Accounts Payable for period ending December 13, 2013 Recommended Action: Adopt Resolution No. 14-110 accepting Accounts Payable for period ending December 13, 2013 A - Draft Resolution Page: 26 7. Subject: Accept Accounts Payable for period ending December 26, 2013 Recommended Action: Adopt Resolution No. 14-111 accepting Accounts Payable for period ending December 26, 2013 A - Draft Resolution Page: 34 Tuesday, January 21, 2014 Cupertino City Council 8. Subject: Accept the Annual Report for FY 2012-13 Recommended Action: Accept the report A - FY 2012-13 Annual Report Pale: 52 9. Subject: Consider reclassifying specific job assignments to a designated job title and increasing hourly rates for part-time employees Recommended Action: Adopt Resolution No. 14-112 establishing new part-time classifications and increasing hourly rates for part-time employees Staff Report A - Draft Resolution B - Part-time Salary Table C - Intern Salary Survey Page: 84 10. Subject: Professional Construction and Public Works Inspection Services for the Apple Campus 2 project Recommended Action: Staff recommends that City Council authorize the City Manager to execute a Professional Services Agreement with 4Leaf, Inc. to provide construction and public works inspection services for the Apple Campus 2 project in the amount of $9,431,390 Staff Report A - Draft Agreement Page: 92 11. Subject: Coffee Society Lease Agreement, 10800 Torre Avenue, Cupertino, CA 95014 Recommended Action: Authorize the City Manager to execute a five-year lease agreement with the Coffee Society Staff Report A - Draft Lease Agreement Page: 106 12. Subject: Cooperative Agreement between the City of Cupertino and the City of Los Altos for Pavement Maintenance Work on Homestead Road from Foothill Expressway to Stevens Creek Bridge Recommended Action: Authorize the City Manager to execute the Cooperative Agreement between the City of Cupertino and the City of Los Altos on behalf of the City of Cupertino in substantially similar format to the attached draft agreement Staff Report A - Draft Cooperative Agreement P ge: 120 Tuesday, January 21, 2014 SECOND READING OF ORDINANCES PUBLIC HEARINGS ORDINANCES AND ACTION ITEMS Cupertino City Council 13. Subject: Order the abatement of a public nuisance (weeds) pursuant to provisions of Ordinance No. 724 and Resolution No. 13-107 Recommended Action: Note objections and adopt Resolution No. 14-113 ordering abatement of a public nuisance (weeds) Staff Report A - Draft Resolution B - 2014 Weed Abatement Program C - Notice to Destroy Weeds and Program Schedule D - Letter to Property Owners E - Approved Resolution No. 13-107 Page: 130 14. Subject: Long -Term Litter Reduction Plan for the City of Cupertino Recommended Action: Approve and direct staff to budget for implementation of the City's long-term trash plan to achieve 70% reduction by July 2017, and "no visual impact equivalent" (formerly 100% reduction) by July 2022 Staff Report A - City of Cupertino Long -Term Trash Load Reduction Plan and Assessment Strom Page: 153 15. Subject: Adoption of the Initial Study and Negative Declaration conducted by the City of San Jose for the regional model Polystyrene Foam Food Service Ware Ordinance and consideration of an Expanded Polystyrene (EPS) Foam Food Service Ware Ordinance Recommended Action: 1) Adopt Resolution No. 14-114 adopting the California Environmental Quality Act (CEQA) Negative Declaration; and 2) Conduct the first reading of Ordinance No. 14-2116: "An Ordinance of the City Council of the City of Cupertino amending Title 9 of the Cupertino Municipal Code to add Chapter 9.15 to prohibit the use of polystyrene foam disposable food service ware by food vendors" Tuesday, January 21, 2014 Cupertino City Council Staff Report A - Draft Resolution B - Draft Ordinance adding Chapter 9.15 to the Cupertino Municipal Code C - CEQA Initial Study and Negative Declaration for Countywide Polystyrene Foam Disposable Food Ware Ordinances Pa&e: 224 16. Subject: Stevens Creek Boulevard/Tantau Avenue and Stevens Creek Boulevard/Torre Avenue/Vista Drive traffic islands and turn restrictions Recommended Action: Approve staff recommendation to include in the proposed FY 2014/15 Capital Improvement Program the following measures: 1) Remove the traffic island at the Stevens Creek Blvd./Tantau Avenue intersection, including eliminating the southbound through movement prohibition, installing a gateway feature on Tantau Avenue, installing traffic circles at the Tantau Avenue/Loree Avenue and Judy Avenue/Loree Avenue intersections, and installing bulb -outs at the Stevens Creek Blvd./Judy Avenue intersection; and 2) Retain the existing traffic island at the Stevens Creek Blvd./Torre Avenue/Vista Drive intersection, install speed bumps along Vista Drive between Forest Avenue and Lazaneo Drive, and on Lazaneo Drive between Vista Drive and De Anza Blvd., and enhance the crosswalks at the Forest Avenue/Vista Drive intersection Staff Report A - Consultant Traffic Study Report B - Stevens Creek Blvd/Tantau Avenue Vicinity Proposed Improvements C - Stevens Creek Blvd/Torre Avenue/Vista Drive Proposed Improvements Page:466 REPORTS BY COUNCIL AND STAFF ADJOURNMENT Adjourn to Monday, January 27 at 5:00 PM for commission interviews, City Hall Conference Room A, 10300 Torre Ave. Cupertino, CA Tuesday, January 21, 2014 Cupertino City Council 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), the City of Cupertino will make reasonable efforts to accommodate persons with qualified disabilities. If you require special assistance, please contact the city clerk's office at 408-777-3223 at least 48 hours in advance of 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. Amended on January 16 to add Item No. 16A LEE CUPERTINO AGENDA CUPERTINO CITY COUNCIL - SPECIAL MEETING 10350 Torre Avenue, Community Hall Council Chamber Tuesday, January 21, 2014 5:30 PM CITY COUNCIL MEETING ROLL CALL - 5:30 PM CLOSED SESSION 1. Subject: Conference with Legal Counsel - Initiation of litigation pursuant to subdivision (c) of Section 54956.9: One Case 2. Subject: Conference with Labor Negotiator (Government Code 54957.6); Agency designated negotiators: Director of Administrative Services, City Manager, and Dania Torres Wong; Employee organizations: Operating Engineers Local No. 3 Union; Cupertino Employees' Association; Unrepresented (Management and Confidential) Employees' Compensation Program; Appointed Employees' Compensation Program PLEDGE OF ALLEGIANCE - 6:45 PM ROLL CALL STATE OF CALIFORNIA ) SS. CUUNT-�` O� `ST� CLARA � ) AN CEREMONIAL MATTERS AND PRESENTA� ' YE_E OF THE CITY OF CUPERTINO .�tuu &ILA q1L- DEPART 3. Subject: Public Safety Commission annual upp � sTAtfE UNDER PENA TY OF Recommended Action: Receive the update PERJURY THAT ON (DATE) 0 1 yi 7 No written materials (TIME) _ 3 U , I PER ON LLB' N THE OTICE/AGEND Page: No written materials in packet POSTED THE NBULLETIN BOARD A 'C Y�'HALL. POSTPONEMENTS4 r 7 f DATE NATURE �1. Tuesday, January 21, 2014 Cupertino City Council ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the council on any matter not on the agenda. Speakers are limited to three (3) minutes. In most cases, State law will prohibit the council from making any decisions with respect to a matter not listed on the agenda. CONSENT CALENDAR Unless there are separate discussions and/or actions requested by council, staff or a member of the public, it is requested that items under the Consent Calendar be acted on simultaneously. 4. Subject: Approve the December 17 City Council minutes Recommended Action: Approve the minutes A - Draft Minutes Page: 10 5. Subject: Accept Accounts Payable for period ending December 6, 2013 Recommended Action: Adopt Resolution No. 14-109 accepting Accounts Payable for period ending December 6, 2013 A - Draft Resolution Page: 16 6. Subject: Accept Accounts Payable for period ending December 13, 2013 Recommended Action: Adopt Resolution No. 14-110 accepting Accounts Payable for period ending December 13, 2013 A - Draft Resolution Page: 25 7. Subject: Accept Accounts Payable for period ending December 26, 2013 Recommended Action: Adopt Resolution No. 14-111 accepting Accounts Payable for period ending December 26, 2013 A - Draft Resolution Page: 33 Tuesday, January 21, 2014 Cupertino City Council 8. Subject: Accept the Annual Report for FY 2012-13 Recommended Action: Accept the report A - FY 2012-13 Annual Report Page: 51 9. Subject: Consider reclassifying specific job assignments to a designated job title and increasing hourly rates for part-time employees Recommended Action: Adopt Resolution No. 14-112 establishing new part -tune classifications and increasing hourly rates for part-time employees Staff Report A - Draft Resolution B - Part-time Salary Table C - Intern Salary Survey Pam: 83 10. Subject: Professional Construction and Public Works Inspection Services for the Apple Campus 2 project Recommended Action: Staff recommends that City Council authorize the City Manager to execute a Professional Services Agreement with 4Leaf, Inc. to provide construction and public works inspection services for the Apple Campus 2 project in the amount of $9,431,390 Staff Report A - Draft Agreement Pale: 91 11. Subject: Coffee Society Lease Agreement, 10800 Torre Avenue, Cupertino, CA 95014 Recommended Action: Authorize the City Manager to execute a five-year lease agreement with the Coffee Society Staff Report A - Draft Lease Agreement Page:105 12. Subject: Cooperative Agreement between the City of Cupertino and the City of Los Altos for Pavement Maintenance Work on Homestead Road from Foothill Expressway to Stevens Creek Bridge Recommended Action: Authorize the City Manager to execute the Cooperative Agreement between the City of Cupertino and the City of Los Altos on behalf of the City of Cupertino in substantially similar format to the attached draft agreement Staff Report A - Draft Cooperative Agreement Pqge:119 Tuesday, January 21, 2014 Cupertino City Council SECOND READING OF ORDINANCES PUBLIC HEARINGS ORDINANCES AND ACTION ITEMS 13. Subject: Order the abatement of a public nuisance (weeds) pursuant to provisions of Ordinance No. 724 and Resolution No.13-107 Recommended Action: Note objections and adopt Resolution No. 14-113 ordering abatement of a public nuisance (weeds) Staff Report A - Draft Resolution B - 2014 Weed Abatement Program C Notice to Destroy Weeds and Program Schedule D - Letter to Property Owners E - Approved Resolution No. 13-107 Page:129 14. Subject: Long -Term Litter Reduction Plan for the City of Cupertino Recommended Action: Approve and direct staff to budget for implementation of the City's long-term trash plan to achieve 70% reduction by July 2017, and "no visual impact equivalent" (formerly 100% reduction) by July 2022 Staff Report A - City of Cupertino Long -Term Trash Load Reduction Plan and Assessment Strategy Page: 152 15. Subject: Adoption of the Initial Study and Negative Declaration conducted by the City of San Jose for the regional model Polystyrene Foam Food Service Ware Ordinance and consideration of an Expanded Polystyrene (EPS) Foam Food Service Ware Ordinance Recommended Action: 1) Adopt Resolution No. 14-114 adopting the California Environmental Quality Act (CEQA) Negative Declaration; and 2) Conduct the first reading of Ordinance No. 14-2116: An Ordinance of the City Council of the City of Cupertino amending Title 9 of the Cupertino Municipal Code to add Chapter 9.15 to prohibit the use of polystyrene foam disposable food service ware by food vendors" Tuesday, January 21, 2014 Cupertino City Council Staff Report A - Draft Resolution B Draft Ordinance adding Chapter 915 to the Cupertino Municipal Code C CEQA Initial Study and Negative Declaration for Countywide Polystyrene Foam Disposable Food Ware Ordinances Page: 223 16. Subject: Stevens Creek Boulevard/Tantau Avenue and Stevens Creek Boulevard/Torre Avenue/Vista Drive traffic islands and turn restrictions Recommended Action: Approve staff recommendation to include in the proposed FY 2014/15 Capital Improvement Program the following measures: 1) Remove the traffic island at the Stevens Creek Blvd./Tantau Avenue intersection, including eliminating the southbound through movement prohibition, installing a gateway feature on Tantau Avenue, installing traffic circles at the Tantau Avenue/Loree Avenue and Judy Avenue/Loree Avenue intersections, and installing bulb -outs at the Stevens Creek Blvd./Judy Avenue intersection; and 2) Retain the existing traffic island at the Stevens Creek Blvd./Torre Avenue/Vista Drive intersection, install speed bumps along Vista Drive between Forest Avenue and Lazaneo Drive, and on Lazaneo Drive between Vista Drive and De Anza Blvd., and enhance the crosswalks at the Forest Avenue/Vista Drive intersection Staff Report A - Consultant Traffic Study Report B Stevens Creek Blvd/Tantau Avenue Vicinity Proposed Improvements C Stevens Creek Blvd/Torre Avenue/Vista Drive Proposed Improvements Page: 465 16A. Subject: Santa Clara Valley Transportation Authority's (VTA's) State Route 85 Express Lane Project and consideration of writing a comment letter on the Project Draft Initial Study/Environmental Assessment Recommended Action: Consider preparation of a comment letter to VTA on the State Route 85 Express Lane Project Draft Initial/Environmental Assessment Staff Report Page: 501 REPORTS BY COUNCIL AND STAFF ADJOURNMENT Adjourn to Monday, January 27 at 5:00 PM for commission interviews, City Hall Conference Room A, 10300 Torre Ave. Cupertino, CA Tuesday, January 21, 2014 Cupertino City Council 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), the City of Cupertino will make reasonable efforts to accommodate persons with qualified disabilities. If you require special assistance, please contact the city clerk's office at 408-777-3223 at least 48 hours in advance of 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 un Council packet archives linked from the agenda/minutes page on the Cupertino web site. CUPERTINO AGENDA CUPERTINO CITY COUNCIL - REGULAR ADJOURNED MEETING 10300 Torre Avenue, Community Hall, Conference Room A Monday, January 27, 2013 5:00 PM CITY COUNCIL MEETING 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. BOARDS AND COMMISSIONS INTERVIEWS 1. Subject: Interview applicants for commission and committee vacancies: • Parks and Recreation • Public Safety • Fine Arts • Housing Recommended Action: Conduct inter A - Interview Schedule B - Commission Diversity Resolution C - Advisory Commission Resolution D - Housing Sample Questions E - Housing Applications F - Fine Arts Sample Questions G - Fine Arts Applications H - Public Safety Sample Questions I - Public Safety pplications CAN CJYlri. ) SS. COU,�I ' �; NLMTY 1 ) AN I, Up E M P Y E E O TW�IEF CUPERTIN0 3 DEPART- MENT, S.TATE UNDER PENALTY OF PERJURY THAT ON (DATE) 11+ (TIME) I ', I � I PER PERSON LLY POSTED THE NOTICE/AGENDA ON THE BULLETIN BOARD AI' CITY ALL. DA E 'IG TURE Monday, January 27, 2014 T - Parks & Rec Sample Questions K - Parks & Rec Applications L - Current Commission List M - Commission Attendance Page: 4 ADJOURNMENT Cupertino City Council 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), the City of Cupertino will make reasonable efforts to accommodate persons with qualified disabilities. If you require special assistance, please contact the city clerk's office at 408-777-3223 at least 48 hours in advance of 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. OFFICE OF THE CITY CLERK CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3223 • FAX: (408) 777-3366 CUPERTINO CUPERTINO CITY COUNCIL NOTICE OF ADJOURNMENT NOTICE IS HEREBY GIVEN that the special meeting of the Cupertino City Council held on Tuesday, January 21 was adjourned to Monday, January 27 at 5:00 p.m. for the purpose of conducting commission interviews, Cupertino City Hall Conference Room A, 10300 Torre Avenue. Dated this 23rd day of January, 2014 Grace Schmidt City Clerk Amended on January 30 to add item no. 1A I M - — CUPERTINO CALL FOR A SPECIAL MEETING OF THE CUPERTINO CITY COUNCIL NOTICE IS HEREBY GIVEN that a special meeting of the Cupertino City Council is hereby called for Tuesday, February 4, 2014, commencing at 5:45 p.m. in the Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, CA 95014. Said special meeting shall be for the purpose of conducting a closed session regarding Conference with Legal Counsel — Initiation of litigation pursuant to subdivision (c) of Section 54956.9: One Case. The regular meeting will begin at 6:45 p.m. Dated: January 30, 2014 Kirsten Squarcia Deputy City Clerk STATE OF CALIFORNIA } COUNTY OF SANTA CLA - - �° �S' , AN EMPLOYEE OF THE CITY OF CUPERTINO C �s DEPART - STATE STATE UNDER PEN LTY OF PERJURY THAT ON (DATE) t 3 (TIME) �� a U �,,,, , I PERSONALLY POSTED THE NOTICE/AGENDA ON THE BULLETIN BOARD AT CITY HALL. DATE SIGN UptE ��" CUPERTINO AGENDA CUPERTINO CITY COUNCIL - REGULAR MEETING 10350 Torre Avenue, Community Hall Council Chamber Tuesday, February 4, 2014 6:45 PM CITY COUNCIL MEETING PLEDGE OF ALLEGIANCE ROLL CALL CEREMONIAL MATTERS AND PRESENTATIONS 1. Subject: Proclamation recognizing the Cupertino Library Foundation's 20th Anniversary Recommended Action: Present proclamation No Written Materials Page: No written materials in packet 2. Subject: Presentation from the Silicon Valley Leadership Group of Cupertino's participation in the 1st Annual Red Tape to End Recommended Action: Receive presentation No Written Materials I Page: No written materials in packet 3. Subject: Parks & Recreation Commission annual update ` Recommended Action: Receive update No Written Materials Page: No written materials in packet POSTPONEMENTS w U Ca -ti W the QaM C)O wW FLLJ Z (j '� ZO L. Su q r)w r -11 O Tuesday, February 4, 2014 Cupertino City Council ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the council on any matter not on the agenda. Speakers are limited to three (3) minutes. In most cases, State law will prohibit the council from making any decisions with respect to a matter not listed on the agenda. CONSENT CALENDAR Unless there are separate discussions and/or actions requested by council, staff or a member of the public, it is requested that items under the Consent Calendar be acted on simultaneously. 4. Subject: Approve the January 21 City Council minutes Recommended Action: Approve the minutes A - Draft Minutes Page: 9 5. Subject: Approve the January 27 City Council minutes Recommended Action: Approve the minutes A - Draft Minutes Page: 18 6. Subject: Accept Accounts Payable for period ending November 22, 2013 Recommended Action: Adopt Resolution No. 14-115 accepting Accounts Payable for period ending November 22, 2013 A - Draft Resolution Page: 20 7. Subject: Accept Accounts Payable for period ending January 10, 2014 Recommended Action: Adopt Resolution No. 14-116 accepting Accounts Payable for period ending January 10, 2014 A - Draft Resolution Page: 30 8. Subject: Confirmation of Planning Commission representative to the Environmental Review Committee (ERC) Recommended Action: Appoint Planning Commission representative to the Environmental Review Committee Staff Report Page: 44 Tuesday, February 4, 2014 Cupertino City Council 9. Subject: Professional Plan Check Services for the Apple Campus 2 parking garage project Recommended Action: Authorize the City Manager to execute a Professional Services Agreement with 4Leaf, Inc. to provide plan check services for the Apple Campus 2 main parking garage in the amount of $374,744 Staff Report A - Draft Contract Page: 46 SECOND READING OF ORDINANCES 10. Subject: Second reading of the Expanded Polystyrene (EPS) Foam Food Service Ware Ordinance Recommended Action: Conduct the second reading and enact Ordinance No. 14- 2116: "An Ordinance of the City Council of the City of Cupertino amending Title 9 of the Cupertino Municipal Code to add Chapter 9.15 to prohibit the use of polystyrene foam disposable food service ware by food vendors" Staff Report A - Revised Draft Ordinance Chapter 9.15.doc B- Redline Revised Draft Ordinance Chapter 9.15.pdf Page: 59 PUBLIC HEARINGS ORDINANCES AND ACTION ITEMS REPORTS BY COUNCIL AND STAFF 11. Subject: Public Works Construction Project Updates Recommended Action: Present Construction Project Update Report No Written Materials Page: No written materials in packet ADJOURNMENT Tuesday, February 4, 2014 Cupertino City Council 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), the City of Cupertino will make reasonable efforts to accommodate persons with qualified disabilities. If you require special assistance, please contact the city clerk's office at 408-777-3223 at least 48 hours in advance of 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. Amended on January 30 to add item no. 1A AMENDED AGENDA CUPERTINO CITY COUNCIL - SPECIAL MEETING 10350 Torre Avenue, Community Hall Council Chamber Tuesday, February 4, 2014 5:45 PM CITY COUNCIL MEETING ROLL CALL - 5:45 PM CLOSED SESSION 1A. Subject: Conference with Legal Counsel - Initiation of litigation pursuant to subdivision (c) of Section 54956.9: One Case PLEDGE OF ALLEGIANCE - 6:45 PM ROLL CALL CEREMONIAL MATTERS AND PRESENTATIONS 1. Subject: Proclamation recognizing the Cupertino Library Foundation's 20th Anniversary Recommended Action: Present proclamation No Written Materials Page: No written materials in packet 2. Subject: Presentation from the Silicon Valley Leadership Group recognizing the City of Cupertino's participation in the 1st Annual Red Tape to Red Carpet Awards Recommended Action: Receive presentation No Written Materials Page: No written materials in packet Tuesday, February 4, 2014 3. Subject: Parks & Recreation Commission annual update Recommended Action: Receive update No Written Materials Page: No written materials in packet POSTPONEMENTS ORAL COMMUNICATIONS Cupertino City Council This portion of the meeting is reserved for persons wishing to address the council on any matter not on the agenda. Speakers are limited to three (3) minutes. In most cases, State law will prohibit the council from making any decisions with respect to a matter not listed on the agenda. CONSENT CALENDAR Unless there are separate discussions and/or actions requested by council, staff or a member of the public, it is requested that items under the Consent Calendar be acted on simultaneously. 4. Subject: Approve the January 21 City Council minutes Recommended Action: Approve the minutes A - Draft Minutes Pale: 9 5. Subject: Approve the January 27 City Council minutes Recommended Action: Approve the minutes A - Draft Minutes Pa,e: 18 6. Subject: Accept Accounts Payable for period ending November 22, 2013 Recommended Action: Adopt Resolution No. 14-115 accepting Accounts Payable for period ending November 22, 2013 A - Draft Resolution Pale: 20 7. Subject: Accept Accounts Payable for period ending January 10, 2014 Recommended Action: Adopt Resolution No. 14-116 accepting Accounts Payable for period ending January 10, 2014 A - Draft Resolution Page: 30 Tuesday, February 4, 2014 Cupertino City Council 8. Subject: Confirmation of Planning Commission representative to the Environmental Review Committee (ERC) Recommended Action: Appoint Planning Commission representative to the Environmental Review Committee Staff Report Page: 44 9. Subject: Professional Plan Check Services for the Apple Campus 2 parking garage project Recommended Action: Authorize the City Manager to execute a Professional Services Agreement with 4Leaf, Inc. to provide plan check services for the Apple Campus 2 main parking garage in the amount of $374,744 Staff Report A - Draft Contract Page: 46 SECOND READING OF ORDINANCES 10. Subject: Second reading of the Expanded Polystyrene (EPS) Foam Food Service Ware Ordinance Recommended Action: Conduct the second reading and enact Ordinance No. 14- 2116: "An Ordinance of the City Council of the City of Cupertino amending Title 9 of the Cupertino Municipal Code to add Chapter 9.15 to prohibit the use of polystyrene foam disposable food service ware by food vendors" Staff Report A - Revised Draft Ordinance Chapter 9.15.doc B - Redline Revised Draft Ordinance Chapter 9.15.pdf Pa e:59 PUBLIC HEARINGS ORDINANCES AND ACTION ITEMS REPORTS BY COUNCIL AND STAFF 11. Subject: Public Works Construction Project Updates Recommended Action: Present Construction Project Update Report No Written Materials Page: No written materials in packet ADJOURNMENT Tuesday, February 4, 2014 Cupertino City Council 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), the City of Cupertino will make reasonable efforts to accommodate persons with qualified disabilities. If you require special assistance, please contact the city clerk's office at 408-777-3223 at least 48 hours in advance of 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. STATE OF CALIFORNIA COUNTY OF SANTA CLARA ) SS. 1, C16VU-M, , AN ENII=LOYEE OF THE CITY OF CUPERTINO Q CA VV-S DEPART STATE UNDER PENALTY OF CUPERTINO FI�I�JURY THAT ON (DATE) b 1 f I PERSONALLY AGENIYVS'FL11) THE NOTICE/AGENDA ON TIIE BULLETIN BOARD AT CITY H L. CUPERTINO CITY COUNCIL MEETING 10350 Torre Avenue, Community, u cil am e4rSZ, Cgh+ T V,E Tuesday, February 18, 2014 6:45 PM CITY COUNCIL MEETING PLEDGE OF ALLEGIANCE ROLL CALL CEREMONIAL MATTERS AND PRESENTATIONS 1. Subject: Proclamation to Joshua Robinson recognizing his achievement of earning Eagle Scout Recommended Action: Present proclamation No written materials Page: No written materials in packet 2. Subject: Proclamation celebrating the 35th Anniversary of the Toyokawa, Japan and Cupertino, USA Sister City relationship - postponed from December 17 Recommended Action: Present proclamation No written materials Page: No written materials in packet 3. Subject: Proclamation to the Toyokawa Sister City Committee - postponed from December 17 Recommended Action: Present proclamation No written materials Pale: No written materials in packet Tuesday, February 18, 2014 Cupertino City Council 4. Subject: Presentation of Lunar New Year posters from the Hsinchu Sister City Committee Recommended Action: Receive the presentation No written materials Page: No written materials in packet 5. Subject: Housing Commission annual update Recommended Action: Receive presentation No written materials Page: No written materials in packet 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. 6. Subject: Approve the February 4 City Council minutes Recommended Action: Approve the minutes A - Draft Minutes Page:13 7. Subject: Accept Accounts Payable for period ending January 17, 2014 Recommended Action: Adopt Resolution No. 14-117 accepting Accounts Payable for period ending January 17, 2014 A - Draft Resolution Pale: 18 Tuesday, February 18, 2014 Cupertino City Council 8. Subject: Accept Accounts Payable for period ending January 24, 2014 Recommended Action: Adopt Resolution No. 14-118 accepting Accounts Payable for period ending January 24, 2014 A - Draft Resolution Page: 35 9. Subject: Accept Accounts Payable for period ending January 31, 2014 Recommended Action: Adopt Resolution No. 14-119 to accept Accounts Payable for period ending January 31, 2014 A - Draft Resolution Page: 47 10. Subject: Consider updates to the City's Policies and Guidelines on Sister Cities and International Delegate policy Recommended Action: Approve recommended updates to the City's Policies and Guidelines on Sister Cities and International Delegate policy Staff Report A - Sister City Policy redline version B - Sister Cities study Page: 57 11. Subject: Approval of an agreement for consultant services for the Stevens Creek Boulevard to McClellan Ranch Preserve Corridor Master Plan Recommended Action: Staff recommends that the City Council approve the following: 1. Authorize the City Manager to execute a consultant agreement with MIG to provide services to the City that will result in a comprehensive master plan for the corridor and associated Environmental Impact Reports (EIR), for an amount not to exceed $425,000; and 2. Appropriate an additional $180,000 to provide for the expanded EIR cost and alternatives ($150,000) and noticing, meetings and supplies ($30,000), for a total budget not to exceed $480,000; and 3. Authorize the City Manager to approve Contact Change Orders (CCO) for Items 1 and 2 above to the extent that total expenditures do not exceed the total amount of the project budget Staff Report Page: 67 Tuesday, February 18, 2014 Cupertino City Council 12. Subject: Professional Plan Check Services for the Apple Campus 2 corporate auditorium project Recommended Action: Authorize the City manager to execute a Professional Services Agreement with CSG Consultants, Inc. to provide plan check services for the Apple Campus 2 corporate auditorium in the amount of $421,580 Staff Report A - Draft Contract Page: 70 13. Subject: Purchase and Lease After Sale of Property Recommended Action: Adopt Resolution No. 14-120 approving the purchase and lease after sale of property at 22050 Stevens Creek Boulevard (APN 357-10-002) from George and Yoshiko Blesch, in the amount of $1,575,000, authorizing the City Manager to execute all necessary documents to complete the acquisition and the lease agreement Staff Report A - Draft Resolution C - Purchase Agreement Page:114 14. Subject: City Project, 2013 Pavement Maintenance Phase 1, Project No. 2013-01 Recommended Action: Accept Project No. 2013-01 Staff Report A - 2013 Pavement Maintenance Phase 1 Street List Page: 139 SECOND READING OF ORDINANCES PUBLIC HEARINGS ORDINANCES AND ACTION ITEMS REPORTS BY COUNCIL AND STAFF ADJOURNMENT Tuesday, February 18, 2014 Cupertino City Council 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/iindex.aspx?page=125 for a reconsideration petition form. In compliance with the Americans with Disabilities Act (ADA), the City of Cupertino will make reasonable efforts to accommodate persons with qualified disabilities. If you require special assistance, please contact the city clerk's office at 408-777-3223 at least 48 hours in advance of 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. CALL FOR A SPECIAL MEETING OF THE CUPERTINO CITY COUNCIL NOTICE IS HEREBY GIVEN that a special meeting of the Cupertino City Council is hereby called for Tuesday, February 25, 2014, commencing at 6:45 p.m. in the Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, CA 95014. Said special meeting shall be for the purpose of hearing items regarding Main Street and a Call for Review of a Planning Commission approval for food trucks at Whole Foods. Dated: February 19, 2014 Kirsten Squarcia Deputy City Clerk STATE OF CALIFORNIA ) SS. COUNTY OF SANTA CLARA I, uGuw Wi yk► AN EMPLOYEE OF THE CITY OF CUPERTINO OH w uq -S DEPART- MENT, STATt UNDER PENALTY OF PERJURY THAT ON (DATE) 6 Z ZD (TIME)''`�.0 , I PERSONALLY POSTED THE NOTICE%AGENDA ON T€-IE BULLETIN BOA D AT Cl Y HALL. DATE S E CUPERTINO AGENDA CUPERTINO CITY COUNCIL - SPECIAL MEETING 10350 Torre Avenue, Community Hall Council Chamber Tuesday, February 25, 2014 6:45 PM CITY COUNCIL MEETING PLEDGE OF ALLEGIANCE ROLL CALL CEREMONIAL MATTERS AND PRESENTATIONS POSTPONEMENTS ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the council on any matter not on the agenda. Speakers are limited to three (3) minutes. In most cases, State law will prohibit the council from making any decisions with respect to a matter not listed on the agenda. CONSENT CALENDAR Unless there are separate discussions and/or actions requested by council, staff or a member of the public, it is requested that items under the Consent Calendar be acted on simultaneously. 1. Subject: Final Map for Main Street Cupertino Recommended Action: Adopt Resolution No. 14-121 approving the Final Map (Tract No. 10172) Tuesday, February 25, 2014 Cupertino City Council Description: Final Map: Tract No. 10172; Property Owner: Main Street Cupertino Aggregator, LLC; Location: North side of Stevens Creek Boulevard on both sides of Finch Avenue, west of N. Tantau Avenue and south of Vallco Parkway (APN 316- 20-078, 316-20-079, and 316-20-085) Staff Report A - Draft Resolution B - Final Map C - Subdivision Improvement Agreement Page: 7 SECOND READING OF ORDINANCES PUBLIC HEARINGS 2. Subject: Call for Review of the Planning Commission's approval of a Conditional Use Permit to allow a weekly mobile food truck event in the parking lot of a commercial establishment Recommended Action: Uphold the Planning Commission's approval Description: Application No(s): U-2013-09; Applicant(s): Benjamin Himlan (Whole Foods Market); Location: 20955 Stevens Creek Boulevard; APN# 326-31-022; Call for Review of the Planning Commission's approval of a Conditional Use Permit to allow a weekly mobile food truck event in the parking lot of a commercial establishment Staff Report A - PC Staff Report B - PC Resolution C - Draft PC Minutes D - Call for Review E - Project Description STATE OF CALIFORNIA ) F -Traffic Analysis ) SS• G -Plan Set COUNTY OF SANTA CLARA I, a KLXl U-ft 1�� AN Pag e: 29 EMPLOYEE OF THE CITY OF CUPERTINO DEPART- MENT, S TE UNDER PENALTY OF PERJURY THAT ON (DATE) (TIME) lj�',--q{` , I PERSONALL POSTED THE NOTICE/AGENDA ON HE BULLETIN BOARD AT CITY HA L. V?J- n/ I 1� DATE Tuesday, February 25, 2014 Cupertino City Council 3. Subject: Architectural and Site Approval Application for final refinements to the previously approved Shops 1, 3-5, 7-8, Pads 1-3, Town Square, Flex 1 & 2, Office 1 & 2, Parking Garage, and associated site and landscaping design of the Main Street Cupertino Project Recommended Action: 1. Consider referrals from the Design Review Committee (DRC) of an Architectural and Site Approval to: a. Provide clarification of Resolution 12-098(M) as to the criteria for Architectural Site Approval, including Condition 35; and/or b. Amend Resolution 12-098(M) as to the role of the DRC for Architectural Site Approval 2. If Resolution 12-098(M) is amended, consider adopting Resolution No. 14-122 regarding the Architectural and Site Approval Application (ASA-2012- 15) Description: Application(s): ASA-2012-15; Applicant(s): Kevin Dare (500 Forbes, LLC); Location: southeast corner of Vallco Pkwy and Finch Ave Staff Report A - Draft Resolution B - Resolution No. 12-098(M) - condition 35 C - Site plan with relevant building elevations approved at the Tanuary 20 2009 Council meeting D - Site plan with relevant building elevations approved at the May 15 2012 Council meeting E - Site plan approved at the September 4, 2012 Council meeting F - Comments from Lisa Warren G - Project plan set, Tanuary 24, 2012 H - Revised elevations, February 6, 2014 I - DRC Staff Report, February 6, 2014 T - Draft DRC Minutes K - Recommended changes to the flex 1 building from the City's Architectural Consultant L - ASA Package Descriptions M - Landscape Narrative N - Material & color, will be available at Council hearing Page: 70 Tuesday, February 25, 2014 Cupertino City Council 4. Subject: Tree removal permit to allow the removal and replacement of additional trees that are unhealthy or in conflict with the utilities/infrastructure for the Main Street Project Recommended Action: Adopt Resolution No. 14-123 approving the removal and replacement of an additional 28 trees for the Main Street Project Description: Application(s): TR-2013-39; Applicant(s): Kevin Dare; Location: southeast corner of Vallco Pkwy and Finch Ave Staff Report A - Draft Resolution B - Tree removal plan Sheet L-8.1 & L-8.21 C - Project arborist letter D - Sheet L-4.1b planting imagery Page: 179 ORDINANCES AND ACTION ITEMS 5. Subject: Joint Use Agreement for Main Street Park and Cupertino Main Street Town Square Recommended Action: Authorize the City Manager to execute a Joint Use agreement for Main Street Park and Cupertino Main Street Town Square Staff Report A - Resolution 12-098(M) - Condition 15 B - Joint Use Agreement FAge:190 REPORTS BY COUNCIL AND STAFF ADJOURNMENT Tuesday, February 25, 2014 Cupertino City Council 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), the City of Cupertino will make reasonable efforts to accommodate persons with qualified disabilities. If you require special assistance, please contact the city clerk's office at 408-777-3223 at least 48 hours in advance of 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. CALL FOR A SPECIAL MEETING OF THE CUPERTINO CITY COUNCIL NOTICE IS HEREBY GIVEN that a special meeting of the Cupertino City Council is hereby called for Tuesday, February 25, 2014, commencing at 6:00 p.m. in the City Hall Conference Room A, 10300 Torre Avenue, Cupertino, CA 95014. Said special meeting shall be for the purpose of conducting a closed session regarding Conference with Legal Counsel - Initiation of litigation pursuant to subdivision (c) of Section 54956.9: One Case; Conference with Labor Negotiator (Government Code 54957.6). The regular meeting will begin at 6:45 p.m. Dated: February 20, 2014 Kirsten Squarcia Deputy City Clerk STATE OF CALIFORNIA ) COUNTY OF SANTA CLARA ) I, 1'lS %�—, S':l ue V cC ,-A , AN EMPLOYEE OF THE CITY OF CUPERTINO P—,f (— DEPART— MENT STATE UNDER PENALTY OF PERJURY THAT ON (DATE) Z I 1 c L( (TIME) p M , I PERSONALLY POSTED THE NOTICE%AGENDA ON THE BULLETIN BOARD AT CITY HAIL. LATE S stir CUPERTINO AGENDA CUPERTINO CITY COUNCIL - SPECIAL MEETING 10300 Torre Avenue, City Hall Conference Room A Tuesday, February 25, 2014 6:00 PM CITY COUNCIL MEETING ROLL CALL CLOSED SESSION 1. Subject: Conference with Legal Counsel - Initiation of litigation pursuant to subdivision (c) of Section 54956.9: One Case 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 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), the City of Cupertino will make reasonable efforts to accommodate persons with qualified disabilities. If you require special assistance, please contact the city clerk's office at 408-777-3223 at least 48 hours in advance of 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. AGENDA CUPERTINO CITY COUNCIL - SPECIAL MEETING 10350 Torre Avenue, Community Hall Council Chamber Monday, March 17, 2014 3:00 PM CITY COUNCIL MEETING PLEDGE OF ALLEGIANCE ROLL CALL ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the council on any matter not on the agenda. Speakers are limited to three (3) minutes. In most cases, State law will prohibit the council from making any decisions with respect to a matter not listed on the agenda. ORDINANCES AND ACTION ITEMS 1. Subject: Senate Constitutional Amendment 5 (SCA-5) Recommended Action: Staff recommends that City Council provide direction on the City's position on proposed legislation Staff Report A - SCA 5 Text Page: 4 ADJOURNMENT Monday, March 17, 2014 Cupertino City Council 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), the City of Cupertino will make reasonable efforts to accommodate persons with qualified disabilities. If you require special assistance, please contact the city clerk's office at 408-777-3223 at least 48 hours in advance of 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. U w O H 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 18, 2014, commencing at 5:15 p.m. in the Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, CA 95014. Said special meeting shall be for the purpose of conducting a closed session regarding Conference with Legal Counsel - Initiation of litigation pursuant to subdivision (c) of Section 54956.9: One Case; Conference with Labor Negotiator (Government Code 54957.6); Agency designated negotiators: Director of Administrative Services, City Manager, and Dania Torres Wong; Employee organizations: Operating Engineers Local No. 3 Union; Cupertino Employees' Association; Unrepresented (Management and Confidential) Employees' Compensation Program; Appointed Employees' Compensation Program. The regular meeting items will be heard at 6:45 p.m. C Dated: March 12, 2014 zoH� �w E-+ Ia.. �4 4 U C �O ®O ( r -bW za 0� �w.�wCa I Kirsten Squarcia Deputy City Clerk CUPERTINO AGENDA CUPERTINO CITY COUNCIL - SPECIAL MEETING 10350 Torre Avenue, Community Hall Council Chamber Tuesday, March 18, 2014 5:15 PM CITY COUNCIL MEETING ROLL CALL - 5:15 PM CLOSED SESSION 1. Subject: Conference with Labor Negotiator (Government Code 54957.6); Agency designated negotiators: Director of Administrative Services, City Manager, and Dania Torres Wong; Employee organizations: Operating Engineers Local No. 3 Union; Cupertino Employees' Association; Unrepresented (Management and Confidential) Employees' Compensation Program; Appointed Employees' Compensation Program. PLEDGE OF ALLEGIANCE - 6:45 PM ROLL CALL CEREMONIAL MATTERS AND PRESENTATIONS 2. Subject: Library Commission annual update Recommended Action: Receive update No Written Materials Pale: No written materials in packet POSTPONEMENTS Tuesday, March 18, 2014 ORAL COMMUNICATIONS Cupertino City Council 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 25 City Council minutes Recommended Action: Approve the minutes A - Draft Minutes Page: 9 4. Subject: Approve the March 4 City Council minutes Recommended Action: Approve the minutes A - Draft Minutes Page: 16 5. Subject: Accept Accounts Payable for period ending February 7, 2014 Recommended Action: Adopt Resolution No. 14-128 accepting Accounts Payable for period ending February 7, 2014 A - Draft Resolution PaSe: 25 6. Subject: Accept Accounts Payable for period ending February 21, 2014 Recommended Action: Adopt Resolution No. 14-129 accepting Accounts Payable for period ending February 21, 2014 A - Draft Resolution Page: 34 Tuesday, March 18, 2014 Cupertino City Council 7. Subject: Ratify the Memorandum of Understanding (MOU) to provide Law Enforcement Agency Access to the California Identification System (CAL -ID) for a change to the cost allocation formula Recommended Action: Ratify the Memorandum of Understanding (MOU) for CAL - ID and authorize the City Manager to execute the signature addendum and any other necessary documents Staff Report A - Memorandum of Understanding B - SCC Cal ID Program 2013 Annual Report Pale: 43 8. Subject: Authorize the addition a new position category and change the title of two positions in the salary schedule for Unrepresented Employees' Compensation Program Recommended Action: Adopt Resolution No. 14-130 amending the Unrepresented Employees' Compensation Program and salary schedule Description: The City currently has identified modifications needed to the Unrepresented Employees' Compensation Program and salary schedule which sets forth all positions established for that group Staff Report A - Draft Resolution B - Redline C - Tob Description Pale: 92 9. Subject: Approve the destruction of records from the Parks and Recreation (Senior Center and Quinlan Community Center) and Human Resources departments Recommended Action: Adopt Resolution No. 14-131 approving the destruction of records Staff Report A - Draft Resolution Page: 130 10. Subject: Professional services contract with AECOM to complete the Climate Action Plan (CAP) Recommended Action: Approve professional services contract to complete the Climate Action Plan (CAP) Staff Report A - Draft Contract Page: 141 Tuesday, March 18, 2014 Cupertino City Council SECOND READING OF ORDINANCES PUBLIC HEARINGS 11. Subject: Second reading of Cupertino Municipal Code amendments to Chapter 16.58, Title 16, Buildings and Construction, relating to plug in electric vehicle charging systems; and Chapter 1.08 relating to the right of entry Recommended Action: Conduct the second reading and enact Ordinance No. 14- 2117: "An ordinance of the City Council of the City of Cupertino amending Chapter 16.58 of Title 16 of the Cupertino Municipal Code and adopting the 2013 California Green Building Standards Code with certain modifications relating to plug in electric vehicle charging systems and amending Chapter 1.08 of Title 1 of the Cupertino Municipal Code regarding the right of entry" Staff Report A - Draft Ordinance B - Redline Ordinance Page: 172 ORDINANCES AND ACTION ITEMS REPORTS BY COUNCIL AND STAFF 12. Subject: Cupertino Water Conservation Recommended Action: Accept Staff Presentation Staff Report A - Press Release: Governor Brown Declares Drought State of Emergency B - SCVWD Press Release on Worsening Water Supply Conditions Prompt Call for 20% Water Reduction Target P ge: 190 ADJOURNMENT Adjourn to Monday, March 24 beginning at 2:00 p.m. for a Council Work Program study session, Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, CA Tuesday, March 18, 2014 Cupertino City Council 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), the City of Cupertino will make reasonable efforts to accommodate persons with qualified disabilities. If you require special assistance, please contact the city clerk's office at 408-777-3223 at least 48 hours in advance of 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. AGENDA CUPERTINO CITY COUNCIL - SPECIAL MEETING 10350 Torre Avenue, Community Hall Council Chamber Monday, March 24, 2014 2:00 PM CITY COUNCIL MEETING PLEDGE OF ALLEGIANCE ROLL CALL 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. STUDY SESSION 1. Subject: Work Program study session Recommended Action: Review the 2014/2015 Work Program A - 2014/2015 Work Program Page: 4 ADJOURNMENT Monday, March 24, 2014 Cupertino City Council 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), the City of Cupertino will make reasonable efforts to accommodate persons with qualified disabilities. If you require special assistance, please contact the city clerk's office at 408-777-3223 at least 48 hours in advance of 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. CUPERTINO CALL FOR A SPECIAL MEETING . OF THE CUPERTINO CITY COUNCIL NOTICE IS HEREBY GIVEN that a special meeting of the Cupertino City Council is hereby called for Monday, March 17, 2014, commencing at 3:00 p.m. in the Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, CA 95014. Said special meeting shall be for the purpose of hearing items regarding Senate Constitutional Amendment 5 (SCA-5). Dated: March 12, 2014 Kirsten Squarcia Deputy City Clerk STATE OF CALIFORNIA ) SS. COUNTY OF SANTA CLARA I, (11 k OD all LQ.It► 0- ) , AN EMPLOYEE OF THE CITY OF CUEEI? I71'O MENT, STAT UNDER ECNt ' LT Y C 1 PERJURY THAT ON D, r"1 E) (TIME) = I .. J� - POSTED TII N ''=T ;�; BULLETIN ,' -- CALL FOR A SPECIAL MEETING OF THE CUPERTINO CITY COUNCIL NOTICE IS HEREBY GIVEN that a special meeting of the Cupertino City Council is hereby called for Monday, March 24, 2014, commencing at 2:00 p.m. in the Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, CA 95014. Said special meeting shall be for the purpose of conducting a study session on the 2014/2015 Council Work Program Dated: March 19, 2014 Kirsten Squarcia Deputy City Clerk STATE OF CALIFORNIA ) SS. O U I, ���S �i i L r �- ) AN 1✓NIPLOYi F THE CITY OF CUPERTINO DEPART- MENT, STA E UNDER PENALTY O PERJURY THAT ON (DATE) ZO L (TIME) R/'-4T) —,I PE RSt)iN A 4 L POSTED THE NOTICE/AGENDA ON TIiL, BULLETIN BOARD AT CIT ALL. Z DA _L '� CUPERTINO AGENDA CUPERTINO CITY COUNCIL - REGULAR ADJOURNED MEETING 10350 Torre Avenue, Community Hall Council Chamber Tuesday, April 15, 2014 4:00 PM CITY COUNCIL MEETING ROLL CALL STUDY SESSION 1. Subject: Study session to discuss potential revisions to Municipal Code Chapter 14.18, Protected Trees Recommended Action: Conduct study session and provide direction Description: Application No(s): MCA-2013-01 (EA-2013-02); Applicant(s): City of Cupertino; Location: citywide STATE OF CALIFORNIA Staff Report A - Protected Trees Ordinance B - PC Staff Report (12-10-13 C - Matrix Page: 9 PLEDGE OF ALLEGIANCE - 6:45 PM ) SS. COUNTY OF SANTA CLARA 1, Mu.QX'i Liftw-6 ) , AN EMPLOYEE OF THE CITY OF CUPERTINO . I ti c '10 DEPART- MENT, SATE UNDER PENALTY OF PERJURY THAT ON (DATE) (TIME) �D I PERSONALLY POSTED THE NOTICE/AGENDA ON THE BULLETIN BOARD AT Clyn HALL. ROLL CALL ( �� ATE SI NATURE, CEREMONIAL MATTERS AND PRESENTATIONS 2. Subject: Technology, Information, and Communications Commission annual update Recommended Action: Receive the presentation No Written Materials Page: No written materials in packet Tuesday, April 15, 2014 Cupertino City Council 3. Subject: Presentation from El Camino Hospital's Chief Executive Officer, Ms. Tomi Ryba regarding how the District and the Hospital are addressing the healthcare needs of the community, and new developments to community benefit funds and mental health services Recommended Action: Receive presentation No Written Materials Page: No written materials in packet POSTPONEMENTS ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the council on any matter not on the agenda. Speakers are limited to three (3) minutes. In most cases, State law will prohibit the council from making any decisions with respect to a matter not listed on the agenda. CONSENT CALENDAR Unless there are separate discussions and/or actions requested by council, staff or a member of the public, it is requested that items under the Consent Calendar be acted on simultaneously. 4. Subject: Approve the March 24 City Council minutes Recommended Action: Approve the minutes A - Draft Minutes Page: 49 5. Subject: Approve the April 1 City Council minutes Recommended Action: Approve the minutes A - Draft Minutes Page: 52 6. Subject: Accept Accounts Payable for period ending March 14, 2014 Recommended Action: Adopt Resolution No. 14-141 accepting Accounts Payable for period ending March 14, 2014 A - Draft Resolution Page: 63 Tuesday, April 15, 2014 Cupertino City Council 7. Subject: Accept Accounts Payable for period ending March 28, 2014 Recommended Action: Adopt Resolution No. 14-142 accepting Accounts Payable for period ending March 28, 2014 A - Draft Resolution B - AP Report Page: 76 8. Subject: Cancel the second meeting in June (17th) Recommended Action: Cancel the meeting Staff Report Page: 86 9. Subject: Fee waiver request from League of Women Voters of Cupertino -Sunnyvale for approximately $90.00 in facility use fees for the use of Community Hall on May 7, 2014 from 6:00 - 9:30 p.m. for a candidate forum for the California 28th Assembly District Contest Recommended Action: Approval the fee waiver request Staff Report A - LOWV Letter Page: 87 10. Subject: 2013 Reconstruction of Curbs, Gutters and Sidewalks - Phase 2, Project No. 2013-06 Recommended Action: Authorize the City Manager to award a contract to Breneman Inc., in the amount of $298,100.00 and approve a construction contingency of $21,900.00, for a total of $320,000.00 Staff Report A - Draft Contract Page: 89 SECOND READING OF ORDINANCES Tuesday, April 15, 2014 PUBLIC HEARINGS Cupertino City Council 11. Subject: Approve the Fiscal Year 2014-15 Fee Schedule Recommended Action: Adopt Resolution No. 14-143 approving the 2014-15 Fee schedule Staff Report A - Draft Resolution B - Schedule A C - Schedule B D - Schedule C E - Schedule D F - Schedule E Page: 95 12. Subject: Community Development Block Grant (CDBG) and General Fund Human Service Grant (HSG) Allocations for FY 14-15 (2ndhearing) Recommended Action: Conduct the hearing and adopt Resolution No. 14-139 approving the Community Development Block Grant (CDBG) and General Fund Human Service Grant (HSG) Allocations for FY 14-15 Staff Report A - Draft Resolution B FY 14-15 Adjusted Grant Summary Application C - FY 14-15 CDBG Annual Action Plan D FY 14 15 Grant Application Descriptions E City Council Staff Report from April 1 2014 F - General Fund HSC Grant Contract G - BMR AHF Grant Contract H - CDBG Public Service Grant Contract I Rebuilding Together Contract - Rebuilding Together CDBG Pro ram Guidelines K - Cupertino Community Housing Contractfor the Disabled CDBG L - Cu ertino Community Housingfor he Disabled CDBG Grant Agree M - Cupertino Community Housing for the Disabled Regulatory A reement Page:150 Tuesday, April 15, 2014 Cupertino City Council ORDINANCES AND ACTION ITEMS 13. Subject: a) McClellan Ranch Preserve Historic Structures Assessment (HSA); and b) McClellan Ranch Preserve Barn Evaluation & Conceptual Renovation Plan Report Recommended Action: a) Accept the Historic Structures Assessment report (Attachment A-1); and b) 1. Accept the Barn Evaluation & Conceptual Renovation Plan Report (Attachment A-2); 2. Proceed with Option 3 (Attachment B-2): Nominate the barn for listing on the California Register of Historic Resources; renovate the existing barn consistent with the California Historic Building Code and with the addition of the substantial foundation; and 3. Direct staff to submit the project for funding in the Capital Improvement Program budget Staff Report - McClellan Ranch Preserve Historic Structures Assessment Staff Report - McClellan Ranch Preserve Barn Evaluation & Conceptual Renovation Plan Report A-1- McClellan Ranch Preserve Historic Structures Assessment Report A-2 - McClellan Ranch Preserve Barn Conceptual Design Report B-2 - Options for Barn Renovation Page: 472 14. Subject: Amend Cupertino Municipal Code related to Permit Parking Zone definitions, Issuance of Permits to Residents; and amend Cupertino Municipal Code related to Designation of Preferential Parking Zones near the Civic Center Recommended Action: a) Conduct first reading of Ordinance No. 14-2118: "An Ordinance of the City Council of the City of Cupertino Amending Section 11.27.020, 11.27.050 and 11.27.145 of the Cupertino Municipal Code Relating to Definitions, Issuance of Permits to Residents and Designation of Preferential Parking Zones related to the south side of Rodrigues Avenue from Torre Avenue to 230 feet east, resuming at 300 feet east to 340 feet east and resuming from 340 feet east to 625 feet east; East side of Torre Avenue from Rodrigues Avenue to approximately 265 south; North side of Pacifica Avenue from Torre Avenue to 460 feet east"; and b) Adopt Resolution No. 14-144 allowing participating employees up to 0.5 hours of health leave bank credit per month for parking and walking from areas away from the Civic Center (such as on Pacifica Avenue) Staff Report A - Chapter 1127• Permit Parking Zone Ordinance - Clean Version B - Chapter 1127• Permit Parking Zone Ordinance - Redline Draft C - Aerial Map of Existing Parking D - Aerial Map of Proposed Parkin E - Library Patron Survey F - Library Field User Survey G - Draft Resolution for Wellness Program Addition Tuesday, April 15, 2014 Page: 750 REPORTS BY COUNCIL AND STAFF ADJOURNMENT Cupertino City Council 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), the City of Cupertino will make reasonable efforts to accommodate persons with qualified disabilities. If you require special assistance, please contact the city clerk's office at 408-777-3223 at least 48 hours in advance of 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. CUPERTINO AGENDA CUPERTINO CITY COUNCIL - REGULAR MEETING 10350 Torre Avenue, Community Hall Council Chamber Tuesday, May 6, 2014 6:45 PM CITY COUNCIL MEETING PLEDGE OF ALLEGIANCE ROLL CALL CEREMONIAL MATTERS AND PRESENTATIONS 1. Subject: Presentation from 3rd and 4th grade students regarding their efforts in educating the community about disaster preparedness Recommended Action: Receive presentation No Written Materials Page: No written materials in packet 2. Subject: Annual GreenBiz Recognition Event Recommended Action: Receive presentation and present proclamation to 2013/2014 Certified GreenBiz participants Description: Brief staff presentation & proclamation recognizing GreenBiz-certified Cupertino businesses for their participation in nV ty's program and their contribution to our shared environment IS IyQ No Written Materials Page: No written materials in packet I XJID JLV mdvoff NIL-9-11fiff 3. Subject: Bicycle Pedestrian Commission anRHL*&tV(INR9V/�10LI.O-I UI11 CIA Lsod NI Recommended Action: Receive update �XUIVN0 ld I `��Z - (Z-BAIJ1,1,) `►" / (� (91VG) NO J-VHL A21f-Fd--m No Written Materials 30 AlTVNFfd d�lGNn 'RJ..V-1 Page: No written materials in packet JXVd9a --- 0NI.LN9df10 30 AJ.I1 �I1.L ��,�,0 lt'? "? POSTPONEMENTS KV ` '--JI , 'SS C - �— ( -, ; 'T-T�-' .fir a ^ _L� Tuesday, May 6, 2014 Cupertino City Council ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the council on any matter not on the agenda. Speakers are limited to three (3) minutes. In most cases, State law will prohibit the council from making any decisions with respect to a matter not listed on the agenda. CONSENT CALENDAR Unless there are separate discussions and/or actions requested by council, staff or a member of the public, it is requested that items under the Consent Calendar be acted on simultaneously. 4. Subject: Approve the April 15 City Council minutes Recommended Action: Approve the minutes A - Draft Minutes Page: 12 5. Subject: Accept Accounts Payable for period ending April 11, 2014 Recommended Action: Adopt Resolution No. 14-145 accepting Accounts Payable for period ending April 11, 2014 A - Draft Resolution B - AP Report Page: 19 6. Subject: Annual adoption of City Investment Policy for the Other Post -Employment Benefits Trust Recommended Action: Adopt Resolution No. 14-146 accepting the annual Adoption of City Investment Policy for the Other Post -Employment Benefits Trust Staff Report A - Draft Resolution B - OPEB Investment Policy Page: 32 7. Subject: Consider City sponsorship request from the non-profit organization, Quota International of Cupertino for the September 30, 2014 Silicon Valley Positive Aging Forum: Housing, Community & Longevity Recommended Action: Approve or deny the request to co-sponsor this event Staff Report Page: 39 Tuesday, May 6, 2014 Cupertino City Council 8. Subject: 2014-2015 City Council Work Program Recommended Action: Approve the 2014-2015 City Council Work Program Staff Report A - 2014-2015 Council work program Page: 40 9. Subject: Cupertino Union School District Parcel Tax Renewal, Measure A (May 6, 2014) Special Mail Ballot Election Recommended Action: Accept Legislative Committee recommendation to support the CUSD Parcel Tax Renewal, Measure A, Special Mail Ballot Election Staff Report Page: 64 10. Subject: Measure AA, proposed by the Midpeninsula Regional Open Space District Recommended Action: Accept Legislative Committee recommendation to support Measure AA, proposed by the Midpeninsula Regional Open Space District Staff Report Page: 66 11. Subject: Cancel the second meeting in September (16th) Recommended Action: Cancel the meeting Staff Report Page: 70 12. Subject: Alcoholic Beverage License for TGI Fridays, 10343 N Wolfe Road Recommended Action: Approve Alcoholic Beverage License for TGI Fridays Staff Report A - Application Pa&e: 71 13. Subject: Alcoholic Beverage License for Sprouts Farmers Market, 20558 Stevens Creek Boulevard Recommended Action: Approve Alcoholic Beverage License for Sprouts Farmers Market Staff Report A - Application Page: 75 Tuesday, May 6, 2014 Cupertino City Council 14. Subject: Annual approval and renewal of the collection of existing storm drain fees at no increase in rates for Fiscal Year 2014-2015 Recommended Action: Adopt Resolution No. 14-147 approving the renewal of the collection of existing storm drain fees at no increase in rates for Fiscal Year 2014-2015 Staff Report A - Draft Resolution including Engineer's Report Page: 79 15. Subject: City Project, Mary Avenue Dog Park, Project No. 2010-9137A Recommended Action: Accept City Project No. 2010-9137A Staff Report Page: 87 16. Subject: 2013 Pavement Maintenance Project — Phase 2, Project No. 2013-05 Recommended Action: Authorize the City Manager to award a contract to Valley Slurry Seal International, in the amount of $548,341 and approve a construction contingency of $51,659, for a total of $600,000 Staff Report A - List of Streets to Receive Pavement Maintenance Treatment B - Draft Contract Page: 88 SECOND READING OF ORDINANCES 17. Subject: Amend Cupertino Municipal Code related to Permit Parking Zone definitions, Issuance of Permits to Residents; and amend Cupertino Municipal Code related to Designation of Preferential Parking Zones near the Civic Center Recommended Action: a) Conduct the second reading of Ordinance No. 14-2118: "An Ordinance of the City Council of the City of Cupertino Amending Section 11.27.020, 11.27.050 and 11.27.145 of the Cupertino Municipal Code Relating to Definitions, Issuance of Permits to Residents and Designation of Preferential Parking Zones related to the south side of Rodrigues Avenue from Torre Avenue to 230 feet east, resuming at 300 feet east to 340 feet east and resuming from 340 feet east to 625 feet east; East side of Torre Avenue from Rodrigues Avenue to approximately 265 south; North side of Pacifica Avenue from Torre Avenue to 460 feet east,"; and b) Adopt Resolution No. 14-144 allowing participating employees up to 0.5 hours of health leave bank credit per month for parking and walking from areas away from the Civic Center (such as on Pacifica Avenue) Tuesday, May 6, 2014 Cupertino City Council Staff Report A - Chanter 11.27: Permit Parking Zone Ordinance - Clean Version B - Chapter 11.27: Permit Parking Zone Ordinance - Redline Draft C - Draft Resolution for Wellness Program Addition Page: 97 PUBLIC HEARINGS ORDINANCES AND ACTION ITEMS REPORTS BY COUNCIL AND STAFF 18. Subject: Annual Report on the Pavement Management Program Recommended Action: Review the report. No action is required Staff Report A - Proposed Pavement Projects FY14/15 B - Completed / Scheduled Pavement Projects FY13/14 Page: 116 19. Subject: Public Works Construction Project Updates Recommended Action: Present Construction Project Update Report No Written Materials Page: No written materials in packet ADJOURNMENT Adjourn to Tuesday, May 13 at 5:00 p.m. for a study session regarding the Fiscal Year 2014-2015 Budget, 10350 Torre Avenue, Community Hall Council Chamber Tuesday, May 6, 2014 Cupertino City Council 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), the City of Cupertino will make reasonable efforts to accommodate persons with qualified disabilities. If you require special assistance, please contact the city clerk's office at 408-777-3223 at least 48 hours in advance of 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. CUPERTINO AMENDED AGENDA Amended on May 1 to change Item No. 17 Ordinance title CUPERTINO CITY COUNCIL - REGULAR MEETING 10350 Torre Avenue, Community Hall Council Chamber Tuesday, May 6, 2014 6:45 PM CITY COUNCIL MEETING PLEDGE OF ALLEGIANCE ROLL CALL CEREMONIAL MATTERS AND PRESENTATIONS 1. Subject: Presentation from 3rd and 4th grade students regarding their efforts in educating the community about disaster preparedness Recommended Action: Receive presentation No Written Materials Page: No written materials in packet 2. Subject: Annual GreenBiz Recognition Event Recommended Action: Receive presentation and present proclamation to 2013/2014 Certified GreenBiz participants Description: Brief staff presentation & proclamation recognizing GreenBiz-certified Cupertino businesses for their participation in the City's program and their contribution to our shared environment No Written Materials STATE OF CALIFORNIA ) Pa&e: No written materials in packet ) SS. COUNTY OF �1 TA CLuw � r� ) � AN 3. Subject: Bicycle Pedestrian Commission ann�i, 11nr]ate l� Recommended Action: Receive update EMPLOYEE OF E CITY OF CUPERTINO DEPART - No Written Materials MENT, STATE UNDER PENAL Y OF Page: No written materials in packet PERJURY THAT ON (DAFE) 1-7 (TIME) _ Y` 3 0C� , I PERSONALLY POSTPONEMENTS POSTED THE NOTICE/AGENDA ON THE BULLETIN BOARW CITY I L. DATESI N RE Tuesday, May 6, 2014 Cupertino City Council ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the council on any matter not on the agenda. Speakers are limited to three (3) minutes. In most cases, State law will prohibit the council from making any decisions with respect to a matter not listed on the agenda. CONSENT CALENDAR Unless there are separate discussions and/or actions requested by council, staff or a member of the public, it is requested that items under the Consent Calendar be acted on simultaneously. 4. Subject: Approve the April 15 City Council minutes Recommended Action: Approve the minutes A - Draft Minutes Pagg:12 5. Subject: Accept Accounts Payable for period ending April 11, 2014 Recommended Action: Adopt Resolution No. 14-145 accepting Accounts Payable for period ending April 11, 2014 A - Draft Resolution B - AP Report Pa�e:19 6. Subject: Annual adoption of City Investment Policy for the Other Post -Employment Benefits Trust Recommended Action: Adopt Resolution No.14-146 accepting the annual Adoption of City Investment Policy for the Other Post -Employment Benefits Trust Staff Report A - Draft Resolution B - OPEB Investment Policy Pale,: 32 7. Subject: Consider City sponsorship request from the non-profit organization, Quota International of Cupertino for the September 30, 2014 Silicon Valley Positive Aging Forum: Housing, Community & Longevity Recommended Action: Approve or deny the request to co-sponsor this event Staff Reeport Page: 39 Tuesday, May 6, 2014 Cupertino City Council 8. Subject: 2014-2015 City Council Work Program Recommended Action: Approve the 2014-2015 City Council Work Program Staff Report A - 2014-2015 Council work program Page: 40 9. Subject: Cupertino Union School District Parcel Tax Renewal, Measure A (May 6, 2014) Special Mail Ballot Election Recommended Action: Accept Legislative Committee recommendation to support the CUSD Parcel Tax Renewal, Measure A, Special Mail Ballot Election Staff Report Page: 64 10. Subject: Measure AA, proposed by the Midpeninsula Regional Open Space District Recommended Action: Accept Legislative Committee recommendation to support Measure AA, proposed by the Midpeninsula Regional Open Space District Staff Report Paye: 66 11. Subject: Cancel the second meeting in September (16th) Recommended Action: Cancel the meeting Staff Report Page: 70 12. Subject: Alcoholic Beverage License for TGI Fridays,10343 N Wolfe Road Recommended Action: Approve Alcoholic Beverage License for TGI Fridays Staff Report A - Application Page: 71 13. Subject: Alcoholic Beverage License for Sprouts Farmers Market, 20558 Stevens Creek Boulevard Recommended Action: Approve Alcoholic Beverage License for Sprouts Farmers Market Staff Report A - Application Page: 75 Tuesday, May 6, 2014 Cupertino City Council 14. Subject: Annual approval and renewal of the collection of existing storm drain fees at no increase in rates for Fiscal Year 2014-2015 Recommended Action: Adopt Resolution No. 14-147 approving the renewal of the collection of existing storm drain fees at no increase in rates for Fiscal Year 2014-2015 Staff Report A - Draft Resolution including Engineer's Report Page: 79 15. Subject: City Project, Mary Avenue Dog Park, Project No. 2010-9137A Recommended Action: Accept City Project No. 2010-9137A Staff Report Page: 87 16. Subject: 2013 Pavement Maintenance Project - Phase 2, Project No. 2013-05 Recommended Action: Authorize the City Manager to award a contract to Valley Slurry Seal International, in the amount of $548,341 and approve a construction contingency of $51,659, for a total of $600,000 Staff Report A - List of Streets to Receive Pavement Maintenance Treatment B - Draft Contract Page: 88 SECOND READING OF ORDINANCES 17. Subject: Amend Cupertino Municipal Code related to Permit Parking Zone definitions, Issuance of Permits to Residents; and amend Cupertino Municipal Code related to Designation of Preferential Parking Zones near the Civic Center Recommended Action: a) Conduct the second reading of Ordinance No. 14-2118: "An Ordinance of the City Council of the City of Cupertino amending sections 11.27.020, 11.27.050, and 11.27.145 of Chapter 11.27 of Title 11 the Cupertino Municipal Code relating to designation of preferential parking zones around the Civic Center Plaza."; and b) Adopt Resolution No. 14-144 allowing participating employees up to 0.5 hours of health leave bank credit per month for parking and walking from areas away from the Civic Center (such as on Pacifica Avenue) Staff Report A Chapter 1127• Permit Parking Zone Ordinance - Clean Version B Chapter 1127• Permit Parking Zone Ordinance - Redline Draft C - Draft Resolution for Wellness Program Addition Pa&e: 97 Tuesday, May 6, 2014 Cupertino City Council PUBLIC HEARINGS ORDINANCES AND ACTION ITEMS REPORTS BY COUNCIL AND STAFF 18. Subject: Annual Report on the Pavement Management Program Recommended Action: Review the report. No action is required Staff Report A - Proposed Pavement Projects FY14/15 B - Completed / Scheduled Pavement Projects FY13/14 Page: 116 19. Subject: Public Works Construction Project Updates Recommended Action: Present Construction Project Update Report No Written Materials Pa&e: No written materials in packet ADJOURNMENT Adjourn to Tuesday, May 13 at 5:00 p.m. for a study session regarding the Fiscal Year 2014-2015 Budget,10350 Torre Avenue, Community Hall Council Chamber Tuesday, May 6, 2014 Cupertino City Council 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), the City of Cupertino will make reasonable efforts to accommodate persons with qualified disabilities. If you require special assistance, please contact the city clerk's office at 408-777-3223 at least 48 hours in advance of 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. CUPERTINO CALL FOR A SPECIAL MEETING OF THE CUPERTINO CITY COUNCIL NOTICE IS HEREBY GIVEN that a special meeting of the Cupertino City Council is hereby called for Tuesday, May 13, 2014, commencing at 5:00 p.m. in Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, California. Said special meeting shall be for the purpose of a study session regarding the Fiscal Year 2014- 2015 Budget. Dated: May 1, 2014 Kirsten Squarcia Deputy City Clerk STATE OF CALIFORNIA ) SS. COUNTY OF SANTA CLARA I, �LW.h1�� ) , AN EMPLOYEE OF THE CITY OF CUPERTINO C- Q- DEPART- MENT, STATE UNDER PENALTY OF PERJURY THAT ON (DATE) (TIME) I PERSONALLY LL POSTED THE NOTICE/AGENDA ON THE BULLETIN BOARD AT CITY AL . (J 1'71jq 6�L� DAi Si N- U R E CUPERTINO AGENDA CUPERTINO CITY COUNCIL - SPECIAL MEETING 10350 Torre Avenue, Community Hall Council Chamber Tuesday, May 13, 2014 5:00 PM ROLL CALL STUDY SESSION 1. Subject: Study session regarding the Fiscal Year 2014-2015 Budget Recommended Action: Conduct the Budget study session City Organization Chart City Officials and Commissions and Committees Directory Budget Message Budget Guide Financial Polices and Schedules Council and Commissions Administration and City Attorney Law Enforcement Public Affairs Administrative Services Recreation and Community Services Planning and Communty Development Public Works Non Departmental Personnel Summaries CIP Budget Report Page: 5 A. Budget Message/Overview of FY 2014-2015 Proposed Budget B. Review of Pass-Thru Revenues/Expenses Tuesday, May 13, 2014 C. Departmental Budgets: ➢ Council and Commissions ➢ Administration/City Attorney ➢ Law Enforcement ➢ Public Affairs ➢ Administrative Services ➢ Parks and Recreation ➢ Community Development ➢ Public Works D. 5 Year Capital Improvement Program (CIP) E. Questions and Answers F. Public Comments G. Council Comments ORAL COMMUNICATIONS Cupertino City Council This portion of the meeting is reserved for persons wishing to address the council on any matter not on the agenda. Speakers are limited to three (3) minutes. In most cases, State law will prohibit the council from making any decisions with respect to a matter not listed on the agenda. ADJOURNMENT The next regular City Council meeting will be Tuesday, May 20, 2014 Tuesday, May 13, 2014 Cupertino City Council 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), the City of Cupertino will make reasonable efforts to accommodate persons with qualified disabilities. If you require special assistance, please contact the city clerk's office at 408-777-3223 at least 48 hours in advance of 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. AGENDA CUPERTINO CITY COUNCIL - REGULAR ADJOURNED MEETING 10300 Torre Avenue, City Hall Conference Room A Tuesday, May 27, 2014 3:30 PM CITY COUNCIL MEETING ROLL CALL COMMISSION INTERVIEWS Subject: Teen Commission interviews Recommended Action: Conduct interviews and make appointments for three vacancies on the Teen Commission A - Interview Schedule STATE OF CALIFORNIA ) B - Commission Diversity Resolution ) SS. C - Teen Conunission Resolution COUNTYOF SANTA CLARA ) D - Current Commissioners Term Ending � - 201A, -Q— , AN E - Attendance Report EMPLOYEE OFTHE HE CITY OF CUPERTINO F -Sample Questions DEPART- MENT STATE UNDER P NALTY ITG - 8th Grade Applications PERJURY THAT ON (DATE) 12 H - 9th Grade Applications (TIME) `? 1 -D , I PERS NALLY I -10th Grade Applications POSTED THE NOTICE/AGENDA ON THE T -11th Grade Applications BULLETIN BOARD AT CIT I LL. K -12th Grade Applications Page: 4 D E S G A 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. Tuesday, May 27, 2014 Cupertino City Council ORDINANCES AND ACTION ITEMS 2. Subject: Consider changes to Teen Commission recruitment process Recommended Action: Direct staff to prepare a draft resolution noting any changes Council would like to make to the Teen Commission recruitment process Staff Report A - Resolution No. 09-115 Page: 330 ADJOURNMENT The June 3 meeting has been moved to Monday, June 2 due to the primary election 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), the City of Cupertino will make reasonable efforts to accommodate persons with qualified disabilities. If you require special assistance, please contact the city clerk's office at 408-777-3223 at least 48 hours u1 advance of 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/munutes page on the Cupertino web site. v� CUPERTINO AGENDA CUPERTINO CITY COUNCIL - REGL 10350 Torre Avenue, Community Hall ( Tuesday, May 20, 2014 6:45 PM CITY COUNCIL MEETING PLEDGE OF ALLEGIANCE ROLL CALL CEREMONIAL MATTERS AND PRESENTATIONS [_., Q ®�O > Gra �� w� Nl- z� �a U If=coo r n O F 7 Ln 1. Subject: Presentation by Hsinchu Sister City Committee regarding recent trip Recommended Action: Receive presentation No Written Materials Page: No written materials in packet 2. Subject: Proclamation for May 16th through May 23rd as Santa Clara County Affordable Housing Week Recommended Action: Present proclamation No Written Materials Page: No written materials in packet 3. Subject: Proclamation to recognize and acknowledge Public Works Week in Cupertino Recommended Action: Present proclamation No Written Materials Page: No written materials in packet POSTPONEMENTS Tuesday, May 20, 2014 Cupertino City Council ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the council on any matter not on the agenda. Speakers are limited to three (3) minutes. In most cases, State law will prohibit the council from making any decisions with respect to a matter not listed on the agenda. CONSENT CALENDAR Unless there are separate discussions and/or actions requested by council, staff or a member of the public, it is requested that items under the Consent Calendar be acted on simultaneously. 4. Subject: Approve the May 6 City Council minutes Recommended Action: Approve the minutes A - Draft Minutes Pale: 13 5. Subject: Accept Accounts Payable for period ending April 18, 2014 Recommended Action: Adopt Resolution No. 14-148 accepting Accounts Payable for period ending April 18, 2014 A - Draft Resolution B - AP Report Page: 19 6. Subject: Accept Accounts Payable for period ending April 25, 2014 Recommended Action: Adopt Resolution No. 14-149 accepting Accounts Payable for period ending April 25, 2014 A - Draft Resolution B - AP Report Page: 31 7. Subject: Consideration and approval of the Third Quarter Financial Report for Fiscal Year 2013-2014 Recommended Action: 1. Accept the City Manager's Third Quarter Financial Report for Fiscal Year 2013-2014; 2. Adopt Resolution No 14-150 approving Third Quarter Budget adjustments Staff Report A - Financial Report B - Draft Resolution Page: 41 Tuesday, May 20, 2014 Cupertino City Council 8. Subject: City Project, Stevens Creek Corridor Park and Restoration Phase 2, Project No. 9134 Recommended Action: 1. Accept construction work completed by Robert A. Bothman, Inc; and 2. Authorize an amendment to the agreement with SSA Landscape Architects for additional services for an amount not to exceed $26,500; and 3. Authorize use of grant monies from the Santa Clara Valley Transportation Authority "Project Readiness Initiative" program to reimburse eligible expenses, increasing the allocation to this project from $22,000 to a maximum of $34,534 Staff Report Page: 86 9. Subject: 2013 STP Overlay Project, Project No. 2013-04 Recommended Action: Authorize the City Manager to award a contract to O'Grady Paving Company, Inc., in the amount of $1,002,968 for base bid and add alternate number one; and approve a construction contingency of $150,000, for a total of $1,152,968 Staff Report A - Draft Contract Page: 88 10. Subject: Declare brush to be a public nuisance and potential fire hazard and set hearing for June 2 for objections to proposed removal Recommended Action: Adopt Resolution No. 14-151 declaring brush to be a public nuisance and potential fire hazard and setting the hearing date for June 2 Staff Report A - Draft Resolution Pale: 96 11. Subject: Resignation of Housing Commissioner (Financial Representative) Jimmy Chien Recommended Action: Accept resignation and direct staff to recruit for the vacancy Staff Report A - Letter of Resignation Page: 99 SECOND READING OF ORDINANCES Tuesday, May 20, 2014 PUBLIC HEARINGS Cupertino City Council 12. Subject: Tree removal permit to allow the removal and replacement of trees that are unhealthy, in conflict with utilities, and/or not suitable for preservation as part of the Main Street Project Recommended Action: 1. Adopt Resolution No. 14-152 approving (TR-2014-17) the removal and replacement of 24 private non -specimen trees (23 Shamel Ash and 1 Chinese Elm) for the Main Street Project; and 2. Provide input to the Public Works Department regarding the proposed removal and replacement of 48 public, non - specimen street trees (45 Shamel Ash and 3 Autumn Purple White Ash) for the Main Street Project Description: Application No(s): TR-2014-17; Applicant(s): Gary Laymon (Kevin Dare/Sandhill Properties); Location: Main Street (Stevens Creek Blvd @ Finch Ave); Tree Removal permit to allow the removal and replacement of trees that are unhealthy in conflict with utilities/infrastructure and/or not suitable for preservation for the Main Street Cupertino project Staff Report A - TR-2014-17 City Council Draft Resolution B - City Council Minutes (Feb. 25, 2014) C - Arborist Report David Babby; April 11, 2014) D - Project Frontage Tree Removal & Replacement Diagram (Sheet L-8.0) E - Private Tree Summary & Removal Plans (Sheets L-8.1 & L-8.2) F - Public Tree Summary & Removal Plans (Sheet L-8.3 & L-8.4) G - Project Tree Locations (Sheet L-8.5) H - Vallco Parkway Elevations (Sheets L-8.6a-c) I - Utility Exhibits & Utility Cross Sections (Sheets L-8.7 & L-8.7a-d) T - Original Illustrative Landscape Plan (Sheet L-1.0al Page: 101 13. Subject: Foothill Live/Work development project Recommended Action: A) Approve Mitigated Negative Declaration EA-2014-01; and B) Conduct the first reading of Ordinance No. 14-2119: "An Ordinance of the Cupertino City Council approving the Rezoning of a .87 gross acre parcel from P(CG) — Planned Development General Commercial to P(CG, Res) — Planned Development General Commercial and Residential, located at 10121 N. Foothill Blvd," Z-2014-01; and C) Adopt Resolution No. 14-153 approving Tentative Map TM-2014-01; and D) Adopt Resolution No. 14-154 approving Development Permit DP-2014-02; and E) Adopt Resolution No. 14-155 approving Architectural and Site Approval ASA-2014-02; and F) Adopt Resolution No. 14-156 approving Tree Removal Permit TR-2014-08 Tuesday, May 20, 2014 Cupertino City Council Description: Application No(s): DP-2014-02, ASA-2014-02, TM-2014-01, TR-2014-08, Z-2014-01 (EA-2014-01); Applicant(s): Tate Development (Foothill Auto Service & Detail, Inc); Location: 10121 N Foothill Blvd APN# 342-32-070; Development Permit to allow the demolition of an abandoned automobile service station and construct six residential units, including five live -work units with detached workspaces, along with associated site and off -site improvements; Architectural and Site Approval to allow the demolition of an abandoned automobile service station and construct six residential units, including five live -work units with detached workspaces, along with associated site and off -site improvements; Tentative Map to subdivide a .66 net acre parcel into six residential lots and one common area lot; Tree Removal Permit to allow the removal and replacement of five Monterey Pine trees; Rezoning of a .87 gross acre parcel from Planned Development General Commercial - P(CG) to Planned Development General Commercial and Residential - P(CG, Res); Mitigated Negative Declaration Staff Report A - Mitigated Negative Declaration (EA-2014-01) with Initial Study B - Z-2014-01 Draft City Council Ordinance C - TM-2014-01 Draft City Council Resolution D - DP-2014-02 Draft City Council Resolution E - ASA-2014-02 Draft City Council Resolution F - TR-2014-08 Draft City Council Resolution G - April 22, 2014 Planning Commission staff report and draft meeting minutes H - March 26, 2013 Planning Commission staff report and meeting minutes I - April 16, 2013 City Council staff report and meeting minutes I - Applicant's Justification letter K - Applicant's retail consultant analysis L - Home Occupation Ordinance, Chapter 19.120 of the Cupertino Municipal Code M - Transportation evaluation by Fehr & Peers, dated January 13 2014 N - City's Consulting Arborist report dated March 2013 O - City and applicant's consulting arborist reports dated November 2013 P - Q Mitigation Monitoring and Reporting Program - Planning Commission Resolution No. 6734 (DP-2014-02) R - Planning Commission Resolution No. 6735 (ASA-2014-02) S - Planning Commission Resolution No. 6736 (TM-2014-01) T - Planning Commission Resolution No. 6737 (TR-2014-08) U V - Planning - Plan Set Commission Resolution No. 6738 (Z-2014-01) Pale: 172 Tuesday, May 20, 2014 Cupertino City Council ORDINANCES AND ACTION ITEMS 14. Subject: Designate voting delegate and alternates for League of California Cities Annual Conference September 3-5 in Los Angeles Recommended Action: Designate voting delegate and up to two alternates Staff Report A - Conference Information Page: 550 REPORTS BY COUNCIL AND STAFF ADJOURNMENT Adjourn to Tuesday, May 27 at 3:30 p.m. for Teen Commission interviews, Cupertino City Hall Conference Room A, 10300 Torre Avenue 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), the City of Cupertino will make reasonable efforts to accommodate persons with qualified disabilities. If you require special assistance, please contact the city clerk's office at 408-777-3223 at least 48 hours in advance of 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. CITY OF CUPERTINO U AGENDA CUPERTINO CITY COUNCIL 10350 Torre Avenue, Council Chambe, Monday, June 2, 2014 6:45 PM PLEDGE OF ALLEGIANCE U f� ROLL CALL O CEREMONIAL MATTERS AND PRESENTATIONS ^ LLJ �.� a 4 w a4 w WO �� O 1. Subject: Certificate of appreciation recognizing the formation of a new State in India called Telangana Recommended Action: Present certificate to Telangana Cultural Association 2. Subject: Proclamation celebrating the World's Largest Swimming Lesson at Blackberry Farm Recommended Action: Present proclamation 3. Subject: Sunny View Retirement Community 50th Anniversary Recommended Action: Present proclamation 4. Subject: Cupertino Historical Society update Recommended Action: Receive update POSTPONEMENTS ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the council on any matter not on the agenda. Speakers are limited to three (3) minutes. In most cases, State law will prohibit the council from making any decisions with respect to a matter not listed on the agenda. CONSENT CALENDAR Unless there are separate discussions and/or actions requested by council, staff or a member of the public, it is requested that items under the Consent Calendar be acted on simultaneously. CITYOFCUPERTINO Page 1 City Council AGENDA June 2, 2014 5. Subject: Approve the May 13 City Council minutes Recommended Action: Approve the minutes A - Draft Minutes 6. Subject: Approve the May 20 City Council minutes Recommended Action: Approve the minutes A - Draft Minutes 7. Subject: Accept Accounts Payable for period ending April 4, 2014 Recommended Action: Adopt Resolution No. 14-157 accepting Accounts Payable for period ending April 4, 2014 A - Draft Resolution B - AP Re ister 8. Subject: Treasurer and Deputy Treasurer Appointments Recommended Action: Adopt Resolution No. 14-158 appointing the Treasurer and Deputy Treasurer Staff Report A - Draft Resolution 9. Subject: Adopt a resolution calling a General Municipal Election on Nov. 4, 2014 to fill three City Council seats Recommended Action: Adopt Resolution No. 14-159 calling the election Staff Report A - Draft Resolution 10. Subject: County of Santa Clara HOME Investment Partnerships Program (HOME) Consortium Recommended Action: Adopt Resolution No. 14-160 approving the City's participation in the County of Santa Clara HOME Investment Partnerships Program (HOME) Consortium Staff Report A - Draft Resolution B - Santa Clara County HOME Consortium Agreement CITYOFCUPERTINO Page 2 City Council AGENDA June 2, 2014 11. Subject: Community Development Block Grant (CDBG) loan extension for 10526 Sterling Boulevard Recommended Action: Adopt Resolution No. 14-161 approving the CDBG loan extension for 10526 Sterling Boulevard Staff Report A - Draft Resolution B - Promissory Note C - Deed of Trust D - Amendment Loan Agreement E - Reconveyance SECOND READING OF ORDINANCES 12. Subject: Foothill Live -Work development project, second reading Recommended Action: Conduct the second reading and enact Ordinance No. 14-2119: "An Ordinance of the Cupertino City Council approving the rezoning of a .87 gross acre parcel from P(CG) - Planned Development General Commercial to P(CG, Res) - Planned Development General Commercial and Residential, located at 10121 North Foothill Boulevard." Staff Report A - Ordinance 14-2119 PUBLIC HEARINGS ORDINANCES AND ACTION ITEMS 13. Subject: Brush abatement for public nuisance and potential fire hazard Recommended Action: Remove this item from the agenda since no parcels are on the list Staff Report 14. Subject: Authorize the City Manager to execute an agreement with New World Systems for the replacement of the city-wide Finance, Human Resources and Payroll system Recommended Action: Authorize the City Manager to execute an agreement with New World Systems for the replacement of the Pentamation system in the amount of $561,060 for licensing and implementation and $65,000 annually for software maintenance for five years for a total five-year non -to -exceed amount of $821,060 Staff Report A - Draft Agreement B - Appendix 1 - Statment of Work CITY OFCUPERTINO Page 3 City Council AGENDA June 2, 2014 15. Subject: Consider changes to Teen Commission recruitment process Recommended Action: Direct staff to prepare a draft resolution noting any changes Council would like to make to the Teen Commission recruitment process Staff Report A - Approved Resolution No. 09-115 REPORTS BY COUNCIL AND STAFF 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 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' 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), the City of Cupertino will make reasonable efforts to accommodate persons with qualified disabilities. If you require special assistance, please contact the city clerk's office at 408-777-3223 at least 48 hours in advance of 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. CITYOFCUPERTINO Page 4 CITY OF CUPERTINO AGENDA CUPERTINO CITY COUNCIL City Hall Conference Room A, 10300 Torre Avenue Tuesday, June 10, 2014 4:30 PM Special Meeting ROLL CALL COMMISSIONS INTERVIEWS 1. Subject: Bicycle Pedestrian Commission and Public Safety Commission interviews Recommended Action: Conduct interviews and make appointments A - Interview Schedule B - Commission Diversity Resolution C - Advisory Commissions Resolution D - Current Commmissions List E - Public Safety Questions F - Public Safety Applications Q - Bicycle Pedestrian Questions H - Bicycle Pedestrian Applications ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the council on any matter not on the agenda. Speakers are limited to three (3) minutes. In most cases, State law will prohibit the council from making any decisions with respect to a matter not listed on the agenda. ADJOURNMENT STATE OF CALIFORNIA COU TY OF SANTA CLARA ) SS. I,AN ) EMPLOYEE OF FIE CITY OF CUPERTINO DEPART- MENT STATE UNDER PENA T OF PERJURY THAT ON (DATE) (TIME) (TIME) I PER ' POSTED THE NOT L/ACiENDA ON TI A E BULLETIN BOARD AT CITY f/% s CITYOFCUPERTINO Page I f IAA E S iR.a OFFICE OF THE CITY CLERK CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3223 • FAX: (408) 777-3366 CUPERTINO CUPERTINO CITY COUNCIL NOTICE OF ADJOURNMENT AND CALL FOR SPECIAL MEETING NOTICE IS HEREBY GIVEN that the regular meeting of the Cupertino City Council held on Monday, June 2 was adjourned the meeting to Tuesday, June 10 at 6:45 p.m. for the 2014-2015 budget adoption hearing, Cupertino Community Hall Council Chamber, 10350 Torre Avenue. NOTICE IS ALSO GIVEN that a special meeting will be held on Tuesday, June 10 at 4:30 p.m. for the purposes of conducting Public Safety and Bicycle Pedestrian Commission interviews, Cupertino City Hall Conference Room A, 10300 Torre Avenue. Dated this 4th day of June, 2014 Kirsten Squarcia Deputy City Clerk STATE OF CALIFORNIA ) SS. C !0 UU �( 0 �FS A �INA �CL A IR-1 �A yl AN EMPLOYEF OF THE CITY OF CUPERTINO 61. DEPART- MENT, STATE UDDER PENA TY OF PERJURY THAT ON DATE) (TIME) _, I P E RIS 0A,4 A t Y POSTED THE NOTICE%AGENDA ON THE BULLETIN BOARD AT CITY 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, June 10, 2014, commencing at 6:45 p.m. in Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, California. Said special meeting shall be regarding consideration of the following: Approve the May 27 City Council minutes, Adoption of a Resolution Approving Interim Expenditures Prior to Adoption of the Operating and Capital Budget for FY2014-15, Accept Legislative Committee recommendation to support Assembly Bill AB 2013 (Muratsuchi), Accept Legislative Committee recommendation to support Assembly Bill AB 2565 (Muratsuchi), 2014 Pavement Maintenance Project - Phase I, Project No. 2014-01, authority to award construction contract, Postpone Budget adoption to July 1, Postpone CIP conformance to the General Plan to July 1, Consider adopting a position on Assembly Bill AB 2145 (Bradford), Proposed project list for proposed Valley Transportation Authority (VTA) ballot measure on November 2014 election. Dated: June 9, 21 U U 14 u� a - U1.4 "�O c, Z ru. a �Y ..T� Kirsten Squarcia Deputy City Clerk CITY OF CUPERTINO AGENDA CUPERTINO CITYCOUNCIL 10350 Torre Avenue, Council Chamber Tuesday, June 10, 2014 6:45 PM Special Meeting PLEDGE OF ALLEGIANCE ROLL CALL CEREMONIAL MATTERS AND PRESENTATIONS POSTPONEMENTS Postpone Item No. 6 Budget adoption to July 1 Postpone Item No. 7 CIP conformance to the General Plan to July I ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the council on any matter not on the agenda. Speakers are limited to three (3) minutes. In most cases, State law will prohibit the council from making any decisions with respect to a matter not listed on the agenda. CONSENT CALENDAR Unless there are separate discussions and/or actions requested by council, staff or a member of the public, it is requested that items under the Consent Calendar be acted on simultaneously. 1. Subject: Approve the May 27 City Council ininutes Recommended Action: Approve the minutes A - Draft Minutes CITY OF CUPERTINO Page I City Council AGENDA June 10, 2014 2. Subject: Adoption of a Resolution Approving Interim Expenditures Prior to Adoption of the Operating and Capital Budget for FY2014-15. Recommended Action: Adopt Resolution Approving Interim Expenditures Prior to Adoption of the Operating and Capital Budget for FY2014-15. Staff Report A - Draft Resolution 3. Subject: AB 2013, as amended, (Muratsuchi). Vehicles: high -occupancy vehicle lanes. Recommended Action: Accept Legislative Committee recommendation Assembly Bill AB 2013 (Muratsuchi) Staff Report A - Letter to Appropriations Committee 4. Subject: AB 2565, as ainended, (Muratsuchi). Vehicles: high -occupancy vehicle lanes. Rental property: -electric vehicle charging stations. Recommended Action: Accept Legislative Committee recommendation Assembly Bill AB 2565 (Muratsuchi). Staff Report 5. Subject: 2014 Pavement Maintenance Project - authority to award construction contract. Recommended Action: Subject to the approval c Operating Budget for annual pavement maintenance, award the construction contract if the bids are within are no unresolved bid protests. Staff Report A - List of Streets SECOND READING OF ORDINANCES PUBLIC HEARINGS 6. Subject: Budget adoption Recommended Action: Continue to July 1 7. Subject: CIP confonnance to the General Plan Recommended Action: Continue to July 1 ORDINANCES AND ACTION ITEMS to support to support Phase I, Project No. 2014-01, the recommended FY 14/15 authorize the City Manager to the established budget and there CITY OF CUPERTINO Page 2 CityCouncil AGENDA June 10, 2014 8. Subject: AB 2145, as amended, (Bradford). Recommended Action: Consider adopting a position on Assembly Bill AB 2145 (Bradford). This item was forwarded from the Legislative Committee to the City Council without a recommendation. Staff Report 9. Subject: Proposed project list for proposed Valley Transportation Authority (VTA) ballot measure on November 2014 election Recommended Action: Consider proposed project list for proposed Valley Transportation Authority (VTA) ballot measure on November 2014 election and provide authorization for Cupertino letter REPORTS BY COUNCIL AND STAFF ADJOURNMENT The June 17 meeting was cancelled. Die next regular Council meeting is July I. 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 Citys 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.cupei,tino.oi-glindex.aspx?page=125 for a reconsideration petition form. In compliance with the Americans with Disabilities Act (ADA), the City of Cupertino will make reasonable efforts to accommodate persons with qualified disabilities. If you require special assistance, please contact the city clerk's office at 408-777-3223 at least 48 hours in advance of 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 Tone Avenue, during normal business hours and in Council packet archives linked from the agenda/minutes page on the Cupertino web site. CITY OF CCPERTIA70 Page 3 CITY OF CUPERTINO FGT 1 CUPERTINO CITY COUNCIL 10350 Torre Avenue, Council Chamber Tuesday, June 10, 2014 6:45 PM Regular Adjourned Meeting PLEDGE OF ALLEGIANCE ROLL CALL CEREMONIAL MATTERS AND PRESENTATIONS POSTPONEMENTS Postpone Item No. 6 Budget adoption to July 1 Postpone Item No. 7 CIP conformance to the General Plan to July 1 ORAL COMMUNICATIONS lam' Ln LT� LUG �z U Z�H G� W U �F 7 r V)>4 � - This portion of the meeting is reserved for persons wishing to address the council on any matter not on the agenda. Speakers are limited to three (3) minutes. In most cases, State law will prohibit the council from making any decisions with respect to a matter not listed on the agenda. CONSENT CALENDAR Unless there are separate discussions and/or actions requested by council, staff or a member of the public, it is requested that items under the Consent Calendar be acted on simultaneously. 1. Subject: Approve the May 27 City Council minutes Recommended Action: Approve the minutes A - Draft Minutes CITY OF CUPERTINO Page 1 City Council AGENDA June 10, 2014 2. Subject: Adoption of a Resolution Approving Interim Expenditures Prior to Adoption of the Operating and Capital Budget for FY2014-15. Recommended Action: Adopt Resolution Approving Interim Expenditures Prior to Adoption of the Operating and Capital Budget for FY2014-15. Staff Report A - Draft Resolution 3. Subject: AB 2013, as amended, (Muratsuchi). Vehicles: high -occupancy vehicle lanes. Recommended Action: Accept Legislative Committee recommendation to support Assembly Bill AB 2013 (Muratsuchi) Staff Report A - Letter to Appropriations Committee 4. Subject: AB 2565, as amended, (Muratsuchi). Vehicles: high -occupancy vehicle lanes. Rental property: -electric vehicle charging stations. Recommended Action: Accept Legislative Committee recommendation to support Assembly Bill AB 2565 (Muratsuchi). Staff Report 5. Subject: 2014 Pavement Maintenance Project - Phase I, Project No. 2014-01, authority to award construction contract. Recommended Action: Subject to the approval of the recommended FY 14/15 Operating Budget for annual pavement maintenance, authorize the City Manager to award the construction contract if the bids are within the established budget and there are no unresolved bid protests. Staff Report A - List of Streets SECOND READING OF ORDINANCES PUBLIC HEARINGS 6. Subject: Budget adoption Recommended Action: Continue to July 1 7. Subject: CIP conformance to the General Plan Recommended Action: Continue to July 1 ORDINANCES AND ACTION ITEMS CITYOFCUPERTINO Page 2 City Council AGENDA June 10, 2014 8. Subject: AB 2145, as amended, (Bradford). Recommended Action: Consider adopting a position on Assembly Bill AB 2145 (Bradford). This item was forwarded from the Legislative Committee to the City Council without a recommendation. Staff Report REPORTS BY COUNCIL AND STAFF ADJOURNMENT The June 17 meeting was cancelled. The next regular Council meeting is July 1. 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' 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), the City of Cupertino will make reasonable efforts to accommodate persons with qualified disabilities. If you require special assistance, please contact the city clerk's office at 408-777-3223 at least 48 hours in advance of 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. CITYOFCUPERTINO Page 3 CITY OF CUPERTINO 1 AGENDA CUPERTINO CITY COUNCIL 10350 Torre Avenue, Council Chambet' Tuesday, July 1, 2014 4; 6:45 PM w 0 PLEDGE OF ALLEGIANCE W d ROLL CALL V) CEREMONIAL MATTERS AND PRESENTATIONS Q �7 -� 0 (Z) U z �4 U U (D �-- �" z w > r C) LLJ Zce�a 1. Subject: Update from the Cupertino Sanitary District, Board President Bill Bosworth Recommended Action: Receive the update 2. Subject: Update from the Santa Clara County Sheriffs Department, Sheriff Laurie Smith Recommended Action: Receive update 3. Subject: Proclamation to Patricia Peterson recognizing her lifesaving efforts in Cupertino on June 11 Recommended Action: Present proclamation POSTPONEMENTS Continue Item No. 20 Energy Services Contract for solar installation to July 15 ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the council on any matter not on the agenda. Speakers are limited to three (3) minutes. In most cases, State law will prohibit the council fi^om making any decisions with respect to a matter not listed on the agenda. CONSENT CALENDAR Unless there are separate discussions and/or actions requested by council, staff or a member of the public, it is requested that items under the Consent Calendar be acted on simultaneously. CITYOF CUPERTINO Page 1 City Council AGENDA July 1, 2014 4. Subject: Approve the June 2 City Council minutes Recommended Action: Approve the minutes A - Draft Minutes 5. Subject: Approve minutes for the two City Council meetings on June 10 Recommended Action: Approve the minutes A - Draft Minutes Commissions Interviews B - Draft Minutes Special Council Meeting 6. Subject: Approve the June 23 City Council minutes Recommended Action: Approve minutes Draft Minutes 7. Subject: Accept Accounts Payable for period ending May 2, 2014 Recommended Action: Adopt Resolution No. 14-163 accepting Accounts Payable for period ending May 2, 2014 A - Draft Resolution B - AP Report S. Subject: Accept Accounts Payable for period ending May 9, 2014 Recommended Action: Adopt Resolution No. 14-164 accepting Accounts Payable for period ending May 9, 2014 A - Draft Resolution B - AP Report 9. Subject: Accept Accounts Payable for period ending May 16, 2014 Recommended Action: Adopt Resolution No. 14-165 accepting Accounts Payable for period ending May 16, 2014 A - Draft Resolution B - AP Report 10. Subject: Accept Accounts Payable for period ending May 23, 2014 Recommended Action: Adopt Resolution No. 14-166 accepting Accounts Payable for period ending May 23, 2014 A - Draft Resolution B - AP Report CITYOFCUPERTINO Page 2 Cite Council AGENDA July 1, 2014 11. Subject: Accept Accounts Payable for period ending May 30, 2014 Recommended Action: Adopt Resolution No. 14-167 accepting Accounts Payable for period ending May 30, 2014 A - Draft Resolution B - AP Report 12. Subject: Adopt the amended Conflict of Interest Code of the City of Cupertino for officials and designated employees Recommended Action: Rescind Resolution No. 12-076 and adopt Resolution No. 14-168 amending the Conflict of Interest Code of the City of Cupertino and the direct City Manager to sign the required 2014 Local Agency Biennial Notice Staff Report A - Draft Resolution B - 2014 Local Agency Biennial Notice 13. Subject: Approve the destruction of records from the City Clerk, Public Works, and Parks and Recreation (Sports Center) departments. Recommended Action: Adopt Resolution No. 14-169 approving the destruction of records Staff Report A - Draft Resolution 14. Subject: Execute a contract with Santa Clara County office of the Sheriff for the ten-year period 2014/15 to 2024/25. Recommended Action: Authorize the City Manager to execute a contract with Santa Clara County office of the Sheriff for the ten-year period 2014/15 to 2024/25. Staff Report A - Draft Contract 15. Subject: Alcoholic Beverage License, 212 New York Pizza, 19998 Homestead Road, Suite A Recommended Action: Approve Alcoholic Beverage License, 212 New York Pizza, 19998 Homestead Road, Suite A Staff Report A - Application 16. Subject: Alcoholic Beverage License, Chili Pot, 20956 Homestead Road, Suite D Recommended Action: Approve Alcoholic Beverage License, Chili Pot, 20956 Homestead Road, Suite D Staff Report A - Application CITFOFCUPERTINO Page 3 City Council AGENDA July 1, 2014 17. Subject: Appointment of City of Cupertino representative to the Santa Clara County Valley Transportation Authority (VTA) Bicycle & Pedestrian Advisory Committee (BPAC) Recommended Action: Accept the Bicycle Pedestrian Commission (BPC) recommendation to reappoint James Wiant to the VTA BPAC for a two-year term beginning July 1, 2014 Staff Report 18. Subject: Summarily vacate and approve the sale of a portion of San Felipe Road, south of Alcalde Road to Neel Dhamdhere. Recommended Action: Adopt Resolution No. 14-170 approving the summary vacation and sale of a portion of San Felipe Road to Neel Dhamdhere, in the amount of $6,000, and authorize the City Manager to execute all of the necessary documents. Staff Report A - Draft Resolution B - Map SECOND READING OF ORDINANCES PUBLIC HEARINGS CITYOFCUPERTINO Page 4 City Council AGENDA July 1, 2014 19. Subject: Public Hearing to Consider the Capital Improvement Plan (CIP), including a Negative Declaration pursuant to the California Environmental Quality Act; and a finding of General Plan conformance; and the Recommended Budget for Fiscal Year 2014-15; and the Establishment of the Appropriation Limit; and Related Actions. Recommended Action: a. Adopt Resolution No 14-171 adopting Negative Declaration EA-2014-05 for the Capital Improvement Plan (CIP) projects described in the FY 2014-15 Recommended Budget and finding that the CIP is in conformance with the General Plan. b. Adopt Resolution No. 14-172 establishing a portion of the Operating and Capital Improvement Budget for Fiscal Year 2014-15 related to pass -through revenues for the Apple Campus 2 project. c. Adopt Resolution No. 14-173 establishing an Operating Budget and Capital Budget for Fiscal Year 2014-15. d. Adopt Resolution No. 14-174 establishing an Appropriation Limit for Fiscal Year 2014-15. e. Take action on items listed in the Follow Up Items for Council Action section of this report and direct staff to make the appropriate adjustments to the Fiscal Year 2014-15 Recommended Budget and Resolutions i. $15,000 reduction in unrequested Community Funding dollars Staff Report A - Draft Resolution Neg Dec and CIP conformance to GP B - Draft Resolution Portion Operating and Capital Improvement Budget C - Draft Resolution Operating Budget and Capital Budget FY 2014-15 D - Draft Resolution Appropriation Limit FY 2014-15 E - Follow Up Items for Council Action F - Adopted PC Resolution No. 6743 (CP-2014-01) G - ERC Recommendation of Negative Declaration 20. Subject: Consider awarding an Energy Services Contract and an Operations/Maintenance Agreement for solar panels and equipment and further consider findings that (1) the project's anticipated energy costs savings and revenue generated are greater than the project costs; and (2) that the project is in the City's best interests. Recommended Action: Continue to July 15 ORDINANCES AND ACTION ITEMS REPORTS BY COUNCIL AND STAFF CITY OFCUPERTINO Page 5 City Council AGENDA July 1, 2014 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 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' 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), the City of Cupertino will make reasonable efforts to accommodate persons with qualified disabilities. If you require special assistance, please contact the city clerk's office at 408-777-3223 at least 48 hours in advance of 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 f om the agenda/minutes page on the Cupertino web site. Members of the public are entitled to address the City Council concerning any item that is described in the notice or agenda for this meeting, before or during consideration of that item. If you wish to address the Council on any issue that is on this agenda, please complete a speaker request card located in front of the Council, and deliver it to the Clerk prior to discussion of the item. When you are called, proceed to the podium and the Mayor will recognize you. If you wish to address the City Council on any other item not on the agenda, you may do so by during the public comment portion of the meeting following the same procedure described above. Please limit your comments to three (3) minutes or less. CITYOFCUPERTINO Page 6 CALL FOR A SPECIAL MEETING OF THE CUPERTINO CITY COUNCIL NOTICE IS HEREBY GIVEN that a special meeting of the Cupertino City Council is hereby called for Monday, June 23, 2014, commencing at 11:00 a.m. in City Hall Conference Room A, 10300 Torre Avenue, Cupertino, California. Said special meeting shall be regarding consideration of continuing the rights and responsibilities under the terms of the Law Enforcement contract with the County of Santa Clara until the earlier of October 1, 2014 or until the execution of a new contract. Members of the public will have the opportunity to directly address the City Council before or during consideration of any item described in this notice. Dated: June 20, 2014 Grace Schmidt City Clerk STATE OF CALIFORNIA ) ) SS. COUl Y`OOF DL�SSANT tA—A ) i—r� rrNf EMPLOYEE OF CITY OF CUP:..;, , E i'l� s MENT, STATE UNDER PE'NAI TY OF PERJURY THAT ON (DAFE)- TIME POSTED THE I`10"I iL L:'AC E �`l i BULLETIN BOARD AT- _1 ff i►1�j) CITY OF CUPERTINO AGENDA CUPERTINO CITY COUNCIL 10350 Torre Avenue, Council Chamber Monday, July 7, 2014 5:05 PM Special Meeting ROLL CALL STUDY SESSION 1. Subject: Civic Center Master Plan Study Session Recommended Action: Accept this report and provide direction to staff in response to study session presentation and discussion. This Council study session seeks to provide an update on the status of the Civic Center Master Plan and Parking Garage project, including an overview of the community outreach to date, and to have Council consideration of and direction on three plan scenarios that will be presented at a general, broad -outreach community workshop. Staff Report 2. Subject: Study Session to discuss proposed changes to Municipal Code Chapter 14.18, Protected Trees Description: Application No(s): MCA-213-01 (EA-2013-02) Applicant(s): City of Cupertino Location: Citywide Recommended Action: Review the final scope of amendments to Municipal Code Chapter 14.18, Protected Trees Staff Report A - 4-15-14 CC Staff Report.Rdf B - 4-15-2014 rninutes.pdf C - Public Street Tree Fees.pdf CITY OF CUPERTINO Page I City Council AGENDA July 7, 2014 ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the council on any matter not on the agenda. Speakers are limited to three (3) minutes. In most cases, State law will prohibit the council from making any decisions with respect to a matter not listed on the agenda. ADJOURNMENT The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6; litigation challenging a final decision of the City Council must be brought within 90 days after a decision is announced unless a shorter time is required by State or Federal law. Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City's decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's office for more information or go to http://www.cupertino.orglindex.aspx?page=125 for a reconsideration petition form. In compliance with the Americans with Disabilities Act (ADA), the City of Cupertino will make reasonable efforts to accommodate persons with qualified disabilities. If you require special assistance, please contact the city clerk's office at 408-777-3223 at least 48 hours in advance of the meeting. Any writings or documents provided to a majority of the Cupertino City Council after publication of the packet will be made available for public inspection in the City Clerk's Office located at City Hall, 10300 Torre Avenue, during normal business hours and in Council packet archives linked from the agenda/minutes page on the Cupertino web site. Members of the public are entitled to address the City Council concerning any item that is described in the notice or agenda for this meeting, before or during consideration of that item. If you wish to address the Council on any issue that is on this agenda, please complete a speaker request card located in front of the Council, and deliver it to the Clerk prior to discussion of the item. When you are called, proceed to the podium and the Mayor will recognize you. If you wish to address the City Council on any other item not on the agenda, you may do so by during the public comment portion of the meeting following the same procedure described above. Please limit your comments to three (3) minutes or less. CITY OF CUPERTINO Page 2 CUPERTINO CALL FOR A SPECIAL MEETING OF THE CUPERTINO CITY COUNCIL NOTICE IS HEREBY GIVEN that a special meeting of the Cupertino City Council is hereby called for Monday, July 7, 2014, commencing at 5:05 p.m. in Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, California. Said special meeting shall be to conduct a study session regarding Civic Center Master Plan; and Municipal Code Chapter 14.18, Protected Tree Ordinance Amendment. Members of the public will have the opportunity to directly address the City Council before or during consideration of any item described in this notice. Dated: July 2, 2014 z0�Lw >�W Qzbo �D ��> U w L4 L W U Q z o H� map CL., Kirsten Squarcia Deputy City Clerk CUPERTINO CALL FOR A SPECIAL MEETING OF THE CUPERTINO CITY COUNCIL NOTICE IS HEREBY GIVEN that a special meeting of the Cupertino City Council is hereby called for Tuesday, August 19, 2014, commencing at 5:05 p.m. in City Hall Conference Room A, 10300 Torre Avenue, Cupertino, California. Said special meeting shall be for the purpose of conducting Housing Commission (Financial Representative) interviews, immediately followed by a closed session regarding Subject: Workers' Compensation Claim (Gov't Code Section 54956.95); Claimant: Edwin Sakai; Agency Claimed Against: City of Cupertino. The regular meeting items will be heard at 6:45 p.m. in the Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, CA 95014. Members of the public will have the opportunity to directly address the City Council before or during consideration of any item described in this notice. Dated: August 13, 2014 QUO <Nd U IL n� `�v LQ w LIJ Cn Kirsten Squarcia Deputy City Clerk CITY OF CUPERTINO AGENDA CUPERTINO CITY COUNCIL 10350 Torre Avenue, Council Chamber Tuesday, August 19, 2014 5:05 PM COMMISSION INTERVIEWS - Special Meeting 5:05 PM 10300 Torre Avenue, City Hall Conference Room A ROLL CALL 1. Subject: Housing Commission (Financial Representative) interviews Recommended Action: Conduct interviews and make appointment CLOSED SESSION - 6:00 PM 10300 Torre Avenue, City Hall Conference Room A ROLL CALL 2. Subject: Workers' Compensation Claim (Gov't Code Section 54956.95); Claimant: Edwin Sakai; Agency Claimed Against: City of Cupertino PLEDGE OF ALLEGIANCE - Regular Meeting 6:45 PM 10350 Torre Avenue, Community Hall Council Chamber ROLL CALL CEREMONIAL MATTERS AND PRESENTATIONS 3. Subject: Proclamation to the Cupertino Library for its IOth anniversary Recommended Action: Present the proclamation 4. Subject: Presentation by AT&T regarding infrastructure Recommended Action: Receive presentation 5. Subject: Update from the Foothill -De Anza College District Recommended Action: Receive the update CITY OF CUPERTINO Page I City Council AGENDA August 19, 2014 6. Subject: Update from the Fremont Union High School District Recommended Action: Receive the update POSTPONEMENTS ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the council on any matter not on the agenda. Speakers are limited to three (3) minutes. In most cases, State law will prohibit the council from making any decisions with respect to a matter not listed on the agenda. CONSENT CALENDAR Unless there are separate discussions and/or actions requested by council, staff or a member of the public, it is requested that items under the Consent Calendar be acted on simultaneously. 7. Subject: Approve the July 7 City Council minutes Recommended Action: Approve the July 7 City Council minutes A - Draft Minutes 8. Subject: Approve the July 15 City Council minutes Recommended Action: Approve the minutes A - Draft Minutes 9. Subject: Accept Accounts Payable for period ending June 27, 2014 Recommended Action: Adopt Resolution No. 14-184 accepting Accounts Payable for the period ending June 27, 2014 A - Draft Resolution B - AP Rem 10. Subject: Accept Accounts Payable for period ending July 3, 2014 Recommended Action: Adopt Resolution No. 14-185 accepting Accounts Payable for period ending July 3, 2014 A - Draft Resolution B - AP Report CITY OF CUPERTINO Page 2 City Council AGENDA August 19, 2014 11. Subject: Accept Accounts Payable for period ending July 11, 2014 Recommended Action: Adopt Resolution No. 14-186 accepting Accounts Payable for the period ending July 11, 2014 A - Draft Resolution B - AP Report 12. Subject: Accept Accounts Payable for period ending July 18, 2014 Recommended Action: Adopt Resolution No.14-187 accepting Accounts Payable for the period ending July 18, 2014 A - Draft Resolution B - AP Report 13. Subject: Accept Accounts Payable for period ending July 25, 2014 Recommended Action: Adopt Resolution No. 14-188 accepting Accounts Payable for the period ending July 25, 2014 A - Draft Resolution B - AP Report 14. Subject: Accept Accounts Payable for period ending August 1, 2014 Recommended Action: Adopt Resolution No. 14-189 accepting Accounts Payable for the period ending August 1, 2014 A - Draft Resolution B - AP Report 15. Subject: Accept Accounts Payable for period ending August 8, 2014 Recommended Action: Adopt Resolution No. 14-190 accepting Accounts Payable for the period ending August 8, 2014 A - Draft Resolution B - AP Report CITY OF CUPERTINO Page 3 City Council AGENDA August 19, 2014 16. Subject: Authorize new position categories in the salary schedule for the Cupertino Employee Association's Compensation Program, reclassify four incumbents to new and existing classifications, and other miscellaneous revisions to salary classifications Recommended Action: Amend the Cupertino Employee Association's Compensation Program salary schedule and adopt Resolution No. 14- 191 establishing new classifications Staff Report A -Draft Resolution B - New Classification Descriptions C - Redline CEA Compensation Program D - Redline Unrepresented Employees MOU 17. Subject: Approve First Amendment to lease of Rolling Hills 4-H Club at McClellan Ranch Preserve with the Regents of the University and City of Cupertino, California extending lease time Recommended Action: Authorize the City Manager to amend the lease agreement with the Regents of the University of California and City of Cupertino for the Rolling Hills 4-H Club at McClellan Ranch Preserve for a five-year period ending August 31, 2019 Staff Report A - Draft Amended Contract 18. Subject: Alcoholic Beverage License Application for Coopervino, 19700 Vallco Parkway Recommended Action: Recommend approval of the Alcoholic Beverage License Application for Coopervino, 19700 Vallco Parkway Staff Report A - Application 19. Subject: 2014 Pavement Maintenance Project Phase 2, City Project No. 2014-04 Recommended Action: Authorize the City Manager to award a contract to O'Grady Paving, Inc., in the amount of $2,288,577.20; and approve a construction contingency of $261,422.80 for a total of $2,550,000 Staff Report A - Draft Contract CITY OF CUPERTINO Page 4 City Council AGENDA August 19, 2014 20. Subject: City Project, Reconstruction of Curbs, Gutters, and Sidewalks, Project No. 2013 -02 Recommended Action: Accept Project No. 2013-02 Staff Report A - Site List 21. Subject: Amendment of an agreement between the City of Cupertino and Pavement Engineering, Inc. for consultant services for testing and inspection services on various street improvement projects Recommended Action: Approve an Amendment to an agreement between the City of Cupertino and Pavement Engineering, Inc. (PEI) in the amount not to exceed $637,500 from the date of execution through June 30, 2015, and authorize the Director of Public Works to execute all necessary documents to carry out all phases of the Pavement Maintenance Project Staff Report A - Draft Amendment to the Agreement B - MU 27, 2014 Executed Agreement 22. Subject: City Project, 2013 Reconstruction of Curbs, Gutters, and Sidewalks Phase 2, Project No. 2013-06 Recommended Action: Accept Project No. 2013-06 Staff Report A - Site List SECOND READING OF ORDINANCES 23. Subject: Amendment to Section 11.08.250 of the Cupertino Municipal Code Relating to Bicycle Lanes --Designated; Torre Avenue between Stevens Creek Boulevard and Rodrigues Avenue Recommended Action: Conduct the second reading and 14-2120, "An Ordinance of the City Council of the City Section 11.08.250 of the Cupertino Municipal Code relatin PUBLIC HEARINGS ORDINANCES AND ACTION ITEMS g CITY OF CUPERTINO Page 5 City Council AGENDA August 19, 2014 24. Subiect: Parks and Recreation Commission Work Plan for FY 2014-15 Recommended Action: Approve the Parks and Recreation Commission Work Plan for FY 2014-15 Staff Report 25. Subject: Amendments to Chapters 10.90 and 10.56, Title 10, of the Cupertino Municipal Code to regulate outdoor smoking Recommended Action: Conduct the first reading of Ordinance No. 14-2121, "An Ordinance of the City Council of the City of Cupertino amending Sections 10.90.010 and 10.90.020 of the Chapter 10.90 and adding Section 10.90.045 of Chapter 10.90 and amending Section 10.56.020 of Chapter 10.56 of Title 10 of the Cupertino Municipal Code to regulate outdoor smoking Description: Application No(s).: CP-2014-02; Applicant(s): City of Cupertino; Location: citywide Staff Report A - Draft Ordinance B - Santa Clara County Policies C - Redline version of proposed Ordinance REPORTS BY COUNCIL AND STAFF 26. Subject: Civic Center Master Plan update Recommended Action: Accept Civic Center Master Plan update report ADJOURNMENT CITY OF CUPERTINO Page 6 City Council AGENDA August 19, 2014 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), the City of Cupertino will make reasonable efforts to accommodate persons with qualified disabilities. If you require special assistance, please contact the city clerk's office at 408-777-3223 at least 48 hours in advance of the meeting. Any writings or documents provided to a majority of the Cupertino City Council after publication of the packet will be made available for public inspection in the City Clerk's Office located at City Hall, 10300 Torre Avenue, during normal business hours and in Council packet archives linked from the agenda/minutes page on the Cupertino web site. Members of the public are entitled to address the City Council concerning any item that is described in the notice or agenda for this meeting, before or during consideration of that item. If you wish to address the Council on any issue that is on this agenda, please complete a speaker request card located in front of the Council, and deliver it to the Clerk prior to discussion of the item. When you are called, proceed to the podium and the Mayor will recognize you. If you wish to address the City Council on any other item not on the agenda, you may do so by during the public comment portion of the meeting following the same procedure described above. Please limit your comments to three (3) minutes or less. CITY OF CUPERTINO Page 7 CUPERTINO OFFICE OF THE CITY CLERK CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3223 • FAX: (408) 777-3366 CUPERTINO CITY COUNCIL NOTICE OF CANCELLATION NOTICE IS HEREBY GIVEN that the regular meeting of the Cupertino City Council scheduled for Tuesday, August 5, 2014, was cancelled due to lack of business. The next regular meeting will be Tuesday, August 19, 2014, beginning at 6:45 p.m. in the Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, California, 95014 Dated this 16th day of July, 2014 CA �J C� C� m C l J ITI l� 4J f.,� LJ tri > o> Kirsten Squarcia Deputy City Clerk CUPERTINO CALL FOR A SPECIAL MEETING OF THE CUPERTINO CITY COUNCIL NOTICE IS HEREBY GIVEN that a special meeting of the Cupertino City Council is hereby called for Tuesday, July 15, 2014, commencing at 5:05 p.m. in Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, California. Said special meeting shall be to conduct a study session to provide an update on the Climate Action Plan (CAP) process and review greenhouse gas reduction measures to be considered for analysis in the City's Initial Study/Negative Declaration. Proposed measures focus on options to reduce community -wide emissions in the energy, transportation, water, and solid waste sectors. Members of the public will have the opportunity to directly address the City Council before or during consideration of any item described in this notice. Dated: July 9, 2014 W wN �z UO aC� U 4 LLI C� N V, C7 W c, Z U a W~C'7F-+ C U<� Z Q Kirsten Squarcia Deputy City Clerk 10350 Torre Avenue, Council Chamber Tuesday, July 15, 2014 5:05 PM Special Meeting STUDY SESSION - 5:05 PM 1. Subject: Study Session to provide an update on the Climate Action Plan (CAP) process and review greenhouse gas reduction measures to be considered for analysis in the City's Initial Study/Negative Declaration. Proposed measures focus on options to reduce community -wide emissions in the energy, transportation, water, and solid waste sectors Recommended Action: Review the Climate Alternatives and provide comments Council Staff Report A - PC July 8 Agenda Packet.pdf CLOSED SESSION - 6:00 PM 10300 Torre Avenue, City Hall Conference Room A Action Plan (CAP) Measures 2. Subject: Workers' Compensation Claim (Gov't Code Section 54956.95), Claimant: Todd Hembree, Agency Claimed Against: City of Cupertino. 3. Subject: Conference with Real Property Negotiators (Gov't Code Section 54956.8); Property: City Hall, 10300 Torre Avenue, Cupertino, CA 95014; Negotiating parties: Crown Castle and City of Cupertino; Under negotiation: Price and terms. PLEDGE OF ALLEGIANCE - 6:45 PM ROLL CALL CEREMONIAL MATTERS AND PRESENTATIONS 4. Subject: Audit Committee Annual Report to Council Recommended Action: Accept the Audit Committee's Annual Report CITY OF CUPERTINO Page 1 City Council AGENDA Jule 15, 2014 5. Subject: Update from Rotary Club of Cupertino immediate past President Savita Vaidhyanathan Recommended Action: Receive the update 6. Subject: Proclamation to the City of Cupertino Parks and Recreation Department recognizing "Parks Make Life Better!" month Recommended Action: Present the proclamation POSTPONEMENTS Item No. 14 Energy Services Contract for solar installation has been dropped ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the council on any matter not on the agenda. Speakers are limited to three (3) minutes. In most cases, State law will prohibit the council from making any decisions with respect to a matter not listed on the agenda. CONSENT CALENDAR Unless there are separate discussions and/or actions requested by council, staff or a member of the public, it is requested that items under the Consent Calendar be acted on simultaneously. 7. Subject: Approve the July 1 City Council minutes Recommended Action: Approve the minutes A - Draft Minutes 8. Subject: Accept Accounts Payable for period ending June 6, 2014 Recommended Action: Adopt Resolution No. 14-175 accepting Accounts Payable for period ending June 6, 2014 A - Draft Resolution B - AP Report 9. Subject: Accept Accounts Payable for period ending June 13, 2014 Recommended Action: Adopt Resolution No. 14-176 accepting Accounts Payable for period ending June 13, 2014 A - Draft Resolution B - AP Report CITY OF CUPERTINO Page 2 City Council AGENDA July 15, 2014 10. Sub' ect: Accept Accounts Payable for period ending June 20, 2014 Recommended Action: Adopt Resolution No. 14-177 accepting Accounts Payable for period ending June 20, 2014 A - Draft Resolution B - AP Report 11. Subject: Execute a contract with Dan Gertmenian for the Math Olympiad program for the period of August 1, 2014-July 30, 2015. Recommended Action: Authorize the City Manager to execute a contract with Dan Gertmenian for the Math Olympiad program for the one-year period of August 1, 2014-July 31, 2015. Staff Report A - Draft Contract 12. Subject: 2014 Reconstruction of Curbs, Gutters and Sidewalks -Project No. 2014-02, authority to award construction contract. Recommended Action: Authorize the City Manager to award the construction contract with a construction contingency of up to 10% if the bids are within the established budget and there are no unresolved bid protests. Staff Report A - Draft Contract B - Partial List Work Locations SECOND READING OF ORDINANCES PUBLIC HEARINGS CITY OF CUPERTINO Page 3 City Council AGENDA July 15, 2014 13. Subject: Appeal of a Planning Commission approval of a proposed day care center, Little Tree Montessori, at 20111 Stevens Creek Boulevard. Description: Application No(s).: U-2014-01, ASA-2014-05 Applicant(s): Janice Yeh (Little Tree Montessori) Appellant(s): Julie Mercik (Arbor Professional Center II), Carl Tucci Location: 20111 Stevens Creek Blvd #130 & #150 Appeal of the Planning Commission's approval of a Use Permit to allow the conversion of approximately 7,500 square feet of office space at an existing two-story office building into day care use and an Architectural and Site approval to allow a play area, landscape enhancements and associated site improvements for the new day care use Recommended Action: Conduct the hearing and adopt draft Resolution Nos. 14-178 and 14-179 denying the appeal and upholding the Planning Commission's June 9, 2014 approval of a Use Permit (U-2014-01) and Architectural and Site approval (ASA-2014-05) (Attachments A & B) Staff Report A - Draft Resolution (U-2014-01) B - Draft Resolution (ASA-2014-05) C - Planning Commission Resolution No. 6749 (file no. U-2014-01 ) D - Planning Commission Resolution No. 6750 (file no. ASA-2014-05) E - Planning Commission staff report dated January June 8, 20143 F - Letters from Carl Tucci dated June 1, 2014 and June 8, 2014 G - Planning Cormnission draft meeting minutes from June 9, 2014 H - Appeal document from Carl Tucci I - Appeal document from Julie Mercik J - Planning Commission -approved plans 14. Subject: Consider awarding an Energy Services Contract and an Operations/Maintenance Agreement for solar panels and equipment and further consider findings that (1) the project's anticipated energy costs savings and revenue generated are greater than the project costs; and (2) that the project is in the City's best interests (Continued from July 1). Recommended Action: Under Postponements this item has been dropped. CITY OF CUPERTINO Page 4 City Council AGENDA July 15, 2014 15. Subject: Main Street - Lazy Dog Restaurant and Bar and Late Night Hours. Description: Application No(s): ASA-2013-08, U-2014-05; Applicant(s): Jared Taylor (Main Street Cupertino Aggregator, LLC); Location: 19359 Stevens Creek Blvd; Architectural and Site approval for final refinements to Shop 2 and associated site improvements at the Main Street Cupertino project; Use Permit to allow a restaurant (Lazy Dog Cafe) to operate until lain Monday through Saturday and to 12am on Sundays and to allow an interior bar facility Recommended Action: Adopt draft Resolution Nos. 14-180 and 14-181 approving the Architectural and Site Approval (ASA-2013-08) and Use Permit (U-2014-05) (Attachments A and B, respectively). Staff Report A - Draft Resolution (ASA-2013-08) B - Draft Resolution (U-2014-05) C - CC Resolution No. 12-098 Main Street M-2012-03.pdf D - Reso 14-122.pdf E - Applicant's Project Description Letter - Lazog.pdf F - Lazy Dog Color and Material Board.pdf G - Lazy Dog Comments 061714.pddf H - Laze Plan Set.pdf CITY OF CUPERTINO Page 5 City Council AGENDA July 15, 2014 16. Subject: Main Street (Loft residences and retail) Description: Application No(s): ASA-2013-09 Applicant(s): Main Street Architecture) Location: 19640 Vallco Parkway Cupertino Aggregator, LLC (DNA Design & Architectural and Site approval for final refinements to the previously approved 120 unit live/work rental housing complex with an attached 10,081 square foot retail condominium unit Recommended Action: Adopt draft Resolution No development application (ASA-2013-09) Staff Report A - Draft Resolution (ASA-2013-091 B - CC Resolution No. 12-098 Main Street M-2012-03.pddf C - Reso 14-122.pdf D - Project Description Letter - Lofts.pdf E - Lofts Material Board.pdf F - Previously Approved Lofts Conceptual Design - 2012.pdf G - CDR LOFTS REVIEW 070914.pdf H - Planset.pdf ORDINANCES AND ACTION ITEMS 17. Subject: Hearing to program (private parcels) Recommended Action: 14-182 approving the approve assessment of fees for annual weed abatement approving the assessment parcels) Staff Report A - Draft Resolution B - Exhibit A Assessment Report Conduct hearing and adopt Resolution No. 14-183 of fees for the annual weed abatement program (private 18. Subject: Set the dates for Housing Commission (Financial Representative) application deadline and interviews Recommended Action: Direct staff to set the following deadlines: 1.) Applications due in the City Clerk's office by 4:30 p.m. on Friday. August 8; and 2.) Conduct interviews at 5:05 p.m. on Tuesday, August 19 Staff Report CITY OF CUPERTINO Page 6 City Council AGENDA July 15, 2014 19. Subject: Consider amending Section 11.08.250 of the Cupertino Municipal Code relating to Bicycle Lanes --Designated; Torre Avenue between Stevens Creek Blvd and Rodrigues Avenue Recommended Action: Conduct the first reading of Ordinance No. 14-2120, "An Ordinance of the City Council of the City of Cupertino amending Section 11.08.250 of the Cupertino Municipal Code relating to Bicycle Lanes - Designated" Staff Report A - Draft Ordinance B - Redline Version of Draft Ordinance REPORTS BY COUNCIL AND STAFF 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 adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City's decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's office for more information or go to http://Www.cupertino.orglindex.aspx?page=125 for a reconsideration petition form. In compliance with the Americans with Disabilities Act (ADA), the City of Cupertino will make reasonable efforts to accommodate persons with qualified disabilities. If you require special assistance, please contact the city clerk's office at 408-777-3223 at least 48 hours in advance of 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 agendahninutes 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. R'hen you are called, proceed to the podium and the Mayor will recognize you. If you wish to address the City Council on any other item not on the agenda, you may do so by during the public comment portion of the meeting following the same procedure described above. Please limit your comments to three (3) minutes or less. CITY OF CUPERTINO Page 7 CITY OF CUPERTINO AGENDA CUPERTINO CITY COUNCIL 10350 Torre Avenue, Council Chamber Tuesday, September 2, 2014 5:15 PM CLOSED SESSION - Special Meeting 5:15 p.m. 10300 Torre Avenue, City Hall Conference Room A ROLL CALL 1. Subject: Public Employee Performance Evaluation (Gov't Code Section 54957) - City Attorney 2. Subject: Conference with Legal Counsel - Initiation of Litigation pursuant to subdivision (c) of Section 54956.9: One Case PLEDGE OF ALLEGIANCE - Regular Meeting 6:45 p.m. 10350 Torre Avenue, Community Hall Council Chamber ROLL CALL CEREMONIAL MATTERS AND PRESENTATIONS 3. Subject: Proclamation to Diana Ding recognizing the Ding Ding TV 4th Annual Silicon Valley Food Festival Recommended Action: Present proclamation 4. Subject: Presentation from Cupertino student delegates regarding their recent trip to Toyokawa, Japan Recommended Action: Receive presentation POSTPONEMENTS CITYOFCUPERTINO Page I City Council AGENDA September 2, 2014 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. 5. Subject: Approve the August 19 City Council minutes Recommended Action: Approve the minutes A - Draft Minutes 6. Subject: Accept Accounts Payable for period ending August 15, 2014. Recommended Action: Adopt Resolution No.14-192 accepting Accounts Payable for the period ending August 15, 2014. A - Draft Resolution B - AP Report 7. Subject: Accept Accounts Payable for period ending August 22, 2014. Recommended Action: Adopt Resolution No. 14-193 accepting Accounts Payable for the period ending August 22, 2014. A - Draft Resolution B - AP Report 8. Subject: 2014 Pavement Maintenance Project - Phase 3, Project No. 2014-05, authority to award construction contract. Recommended Action: Authorize the City Manager to award the construction contract with a construction contingency of up to 10% if the bids are within the established budget and there are no unresolved bid protests. Staff Report A - Draft Contract B - .List of Streets SECOND READING OF ORDINANCES CITY OF CUPERTINO Page 2 City Council AGENDA September 2, 2014 9. Subject: Amendment to the Municipal Code to regulate outdoor smoking Recommended Action: Conduct the second reading and enact Ordinance No. 14-2121, "An Ordinance of the City Council of the City of Cupertino amending Sections 10.90.010 and 10.90.020 of Chapter 10.90 and adding Section 10.90.045 of Chapter 10.90 and amending Section 10.56.020 of Chapter 10.56 of Title 10 of the Cupertino Municipal Code to regulate outdoor smoking" Description: Application No(s).: CP-2014-02 Applicant(s): City of Cupertino Location: citywide City Project to amend Chapters 10.90 and 10.56, Title 10, of the Cupertino Municipal Code to regulate outdoor smoking Staff Report.doc A - Draft Ordinance.pdf B - Redline Ordinance.pdf PUBLIC HEARINGS CITY OF CUPERTINO Page 3 City Council AGENDA September 2, 2014 10. Subject: Regional Renewable Energy Procurement Project for the installation of solar power generation facilities at the Service Center Recommended Action: Approve the following recommendations relating to the Regional Renewable Energy Procurement Project for the installation of solar power generation facilities at the Service Center: A. Accept report on bid process with bid result; B. Authorize the City Manager to negotiate and execute an Energy Services Contract and related agreements, including bond forms, with Cupertino Electric, Incorporated, for an amount not to exceed Four Hundred Twenty -Six Thousand, Two Hundred Seven Dollars ($426,207.00) for the complete design, construction, and installation of one of the Regional Renewable Energy Procurement (R-REP) projects, for solar photovoltaic systems to be located at the Cupertino Service Center located at 10555 Mary Avenue; C. Adopt Resolution No. 14-194 making findings necessary to authorize entering into an Energy Services Contract, including a finding that the total cost for the Service Center Solar Project will be less than the anticipated cost of electricity that would have been consumed at the Service Center and Don Burnett Bridge in the absence of this system and that the terms of the award are in the best interest of the City of Cupertino; D. Authorize a design/construction contingency allowance of $64,000, approximately 15 percent of the value of the Energy Service Contract, to address unforeseen conditions and for adjustments due to operational needs during construction, and authorize the Public Works Director to issue changes orders as necessary against the allowance; E. Authorize City Manager to negotiate and execute other agreements related to the Energy Services Contract, including an Operation and Maintenance Agreement. Staff Report A - Alameda County Letter B - Service Center Plan .Layout C - Solar Site Financial Analysis D - Draft Resolution of Findings E - Draft Energy Services Contract F - Draft Operation & Maintenance Agreement G - CEQA Notice of Exemption ORDINANCES AND ACTION ITEMS CITY OF CUPERTINO Page 4 City Council AGENDA September 2, 2014 11. Subject: First Amendment of an Agreement between the City of Cupertino (City) and Recology Cupertino (Recology) for the Solid Waste Services Franchise Agreement. Recommended Action: Approve the First Amendment to the Solid Waste Services Franchise Agreement requiring additional collection services and expansion of organic processing services with Recology. The amendment would be effective November 1, 2014 through January 31, 2019 and includes an option to negotiate a new ten-year agreement with Recology that could begin as early as January 31, 2017, contingent upon Recology meeting First Amendment requirements. Staff Report A - Table of Rate Comparisons with other Cities B — First Amendment to Franchise Agreement between the City of Cupert C - First Amendment to Franchise Agreement between the Cityof Cupert: D - Existing Franchise Agreement E - CEOA Notice of Exemption 12. Subject: Approval of an Ordinance Amending Chapter 9.17.130 of Chapter 9.17 of Title 9 of the Cupertino Municipal Code, Regulation of Single -Use Carryout Bags. Recommended Action: Conduct the first reading of .Ordinance No. 14-2122: "An Ordinance of The City Council of The City of Cupertino Amending Section 9.17.130 of Chapter 9.17 of Title 9 of The Cupertino Municipal Code relating to the regulation of single -use carryout bags." Staff Report A - Redline Ordinance B - Draft Ordinance C - Addendum to Final Program EIR REPORTS BY COUNCIL AND STAFF 13. Subject: Public Works Construction Project Update Recommended Action: Receive Construction Project Update ADJOURNMENT The September 16 meeting was cancelled. The next regular City Council meeting will be on Tuesday, October 7, 2014 CITY OF CUPERTINO Page 5 City Council AGENDA September 2, 2014 The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6; litigation challenging a final decision of the City Council must be brought within 90 days after a decision is announced unless a shorter time is required by State or Federal law. Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City's decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's office for more information or go to http://www.cupertino.orglindex.aspx?page=125 for a reconsideration petition form. In compliance with the Americans with Disabilities Act (ADA), the City of Cupertino will make reasonable efforts to accommodate persons with qualified disabilities. If you require special assistance, please contact the city clerk's office at 408-777-3223 at least 48 hours in advance of the meeting. Any writings or documents provided to a majority of the Cupertino City Council after publication of the packet will be made available for public inspection in the City Clerk's Office located at City Hall, 10300 Torre Avenue, during normal business hours and in Council packet archives linked from the agenda/minutes page on the Cupertino web site. Members of the public are entitled to address the City Council concerning any item that is described in the notice or agenda for this meeting, before or during consideration of that item. If you wish to address the Council on any issue that is on this agenda, please complete a speaker request card located in front of the Council, and deliver it to the Clerk prior to discussion of the item. When you are called, proceed to the podium and the Mayor will recognize you. If you wish to address the City Council on any other item not on the agenda, you may do so by during the public comment portion of the meeting following the same procedure described above. Please limit your comments to three (3) minutes or less. CITY OF CUPERTINO Page 6 CUPERTINO CALL FOR A SPECIAL MEETING OF THE CUPERTINO CITY COUNCIL NOTICE IS HEREBY GIVEN that a special meeting of the Cupertino City Council is hereby called for Thursday, August 21, 2014, 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 holding a closed session regarding Subject: Public Employee Performance Evaluation (Government Code 54957) - City Attorney. Members of the public will have the opportunity to directly address the City Council before consideration of any item described in this notice. Dated: August 13, 2014 w a U O 14 Z 0 � 11a'11� < C / 1 w� 1 EW Kirsten Squarcia Deputy City Clerk CITY OF CUPERTINO AGENDA CUPERTINO CITY COUNCIL 10300 Torre Avenue, City Hall Conference Room A Thursday, August 21, 2014 5:00 PM Special Meeting ROLL CALL CLOSED SESSION 1. Subject: Public Employee Performance Evaluation (Government Code 54957) - City Attorney 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 adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City's decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's office for more information or go to http://Www.cupertino.orglindex.aspx?page=125 for a reconsideration petition form. In compliance with the Americans with Disabilities Act (ADA), the City of Cupertino will make reasonable efforts to accommodate persons with qualified disabilities. If you require special assistance, please contact the city clerks office at 408-777-3223 at least 48 hours in advance of 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, City Council AGENDA August 21, 2014 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. CUPERTINO CALL FOR A SPECIAL MEETING OF THE CUPERTINO CITY COUNCIL NOTICE IS HEREBY GIVEN that a special meeting of the Cupertino City Council is hereby called for Tuesday, September 9, 2014, commencing at 5:05 p.m. in City Hall Conference Room A, 10300 Torre Avenue, Cupertino, California. Said special meeting shall be for the purpose of holding a closed session regarding Subject: Public Employee Performance Evaluation (Government Code 54957) - City Attorney; and Subject: Public Employee Performance Evaluation (Gov't Code Section 54957) - City Manager. Members of the public will have the opportunity to directly address the City Council before consideration of any item described in this notice. Dated: September 4, 2014 Kirsten Squarcia Deputy City Clerk STATE OF CALIFORNIA ) ) SS. COUNTY OF SANTA CLARA ) I, (,`1 LM-u , AN EMPLOYEE OF THE CITY OF CUPERTINO 1. DEPART- MENT, STATE UNDER PENA T OF PERJURY THAT ON (DATE) (TIME) y POSTED THE NOT 1,CF;iACJEJ N17)A 01 TP F E BULLETIN BOARD AT,, CITY IliiLL. CITY OF CUPERTINO AGENDA C U P E RT I N O CITY COUNCIL 10300 Torre Avenue, City Hall Conference Room A Tuesday, September 9, 2014 5:05 PM Special Meeting CLOSED SESSION ROLL CALL 1. Subject: Public Employee Performance Evaluation (Gov't Code Section 54957) - City Attorney. Continued from September 2 2. Subject: Public Employee Performance Evaluation (Gov't Code Section 54957) - City Manager. ADJOURNMENT CITY OF CUPERTINO Page I City Council AGENDA September 9, 2014 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 (ABA), the City of Cupertino will make reasonable efforts to accommodate persons with qualified disabilities. If you require special assistance, please contact the city clerk's office at 408-777-3223 at least 48 hours in advance of the meeting. Any writings or documents provided to a majority of the Cupertino City Council after publication of the packet will be made available for public inspection in the City Clerk's Office located at City Hall, 10300 Torre Avenue, during normal business hours and in Council packet archives linked from the agenda/minutes page on the Cupertino web site. Members of the public are entitled to address the City Council concerning any item that is described in the notice or agenda for this meeting, before or during consideration of that item. If you wish to address the Council on any issue that is on this agenda, please complete a speaker request card located in front of the Council, and deliver it to the Clerk prior to discussion of the item. When you are called, proceed to the podium and the Mayor will recognize you. If you wish to address the City Council on any other item not on the agenda, you may do so by during the public comment portion of the meeting following the same procedure described above. Please limit your comments to three (3) minutes or less. CITY OF CUPERTINO Page 2 CUPERTINO CALL FOR A SPECIAL MEETING OF THE CUPERTINO CITY COUNCIL NOTICE IS HEREBY GIVEN that a special meeting of the Cupertino City Council is hereby called for Tuesday, September 2, 2014, commencing at 5:15 p.m. in City Hall Conference Room A, 10300 Torre Avenue, Cupertino, California. Said special meeting shall be for the purpose of conducting a closed session regarding Subject: Public Employee Performance Evaluation (Gov't Code Section 54957) - City Attorney; and Subject: Conference with Legal Counsel - Initiation of Litigation pursuant to subdivision (c) of Section 54956.9: One Case. The regular meeting items will be heard at 6:45 p.m. in the Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, CA 95014. Members of the public will have the opportunity to directly address the City Council before consideration of any item described in this notice. Dated: August 27, 2014 Coo�� �U�� LQ CC FTI � c-T 4 ` ° 1z U �+ W F-- '`" U U ® ° 01 o >® ® CL4 Z� Con� Kirsten Squarcia Deputy City Clerk 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, October 7, 2014, commencing at 3:00 p.m. in Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, California. Said special meeting shall be for the purpose of holding a study session regarding Subject: Environmental Impact Report (EIR) for General Plan Amendments, Housing Element and Associated Zoning Amendments. Members of the public will have the opportunity to directly address the City Council before or during consideration of any item described in this notice. NOTICE IS ALSO HEREBY GIVEN that a special meeting of the Cupertino City Council is hereby called for Tuesday, October 7, 2014, 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 a closed session regarding Subject: Conference with Legal Counsel - Initiation of Litigation pursuant to subdivision (c) of Section 54956.9: One Case; and Subject: Public Employee Performance Evaluation (Government Code Section 54957): City Manager. Members of the public will have the opportunity to directly address the City Council before consideration of any item described in this notice. The regular meeting items will be heard at 6:45 p.m. in Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, California. Dated: October 1, 2014 STATE OF CALIFORNIA ) SS. COU1 TY OF SANTA CLARA ) I, AN EMPLOY E O THE CITY OF CUPERTINO DEPART- MENT STATE UNDER PENALTY OF PERJURY THAT ON (DATE) (TIME) - I PE O ALLY POSTED T14E NOTICE/AGENDA ON THE BULLETIN BOARD AT CITY HALL. DA E SIG K11- Kirsten Squarcia Deputy City Clerk CITY OF CUPERTINO AGENDA CUPERTINO CITY COUNCIL 10350 Torre Avenue, Council Chamber Tuesday, October 7, 2014 3:00 PM STUDY SESSION - Special Meeting 3:00 PM 10350 Torre Avenue, Community Hall Council Chamber ROLL CALL 1. Subject: Study Session on the Final Environmental Impact Report (EIR) for the proposed General Plan Amendment, Housing Element Update, and associated Rezoning Recommended Action: Staff recommends that the City Council receive this report and comments on the Final EIR. This is a study session and no action is required at this time. Description: Application No(s): GPA-2013-01, Z-2013-01, GPA-2013-02, SPA-2014-01, MCA-2014-01 (EA-2013-03); Applicant(s): City of Cupertino; Location: Citywide Discussion of Environmental Impact Report for a General Plan Amendment, Housing Element update and associated rezoning; General Plan Amendment to establish Citywide development allocations for commercial, office, hotel and residential uses and development parameters for key study areas (including the Vallco Shopping District); General Plan Amendment for the 2014-2022 Housing Element as required by State Law; Rezoning of certain parcels in conjunction with the Citywide General Plan Amendment; Specific Plan Amendment to the Heart of the City Specific Plan related to maximum residential yield calculations and an updated map to conform to the General Plan; Municipal Code Amendment to comply with State Housing Law and the Housing Element of the General Plan and other zoning code amendments for clean-up and consistency CITY OF CUPERTINO Pagc 1 City Council AGENDA October 7, 2014 Staff Report A - Link to Draft EIR B - Link to Responses to Comtents C - Errata #1 Supplemental Text Revisions, 10-1-2014 D - Planning Commission Staff Report 9-9-2014 E - Transportation Effects of BRT 3-29-2014 F - Application of SB 50 to Consideration of Development Applications G - Late Comments Memo from P1aceWorks 9-3-2014 H - Late Comments memo updated fiom P1aceWorks 9-30-2014 CLOSED SESSION - Special Meeting 5:00 PM 10300 Torre Avenue, City Hall Conference Room A ROLL CALL 2. Subject: Conference with Legal Counsel - Initiation of Litigation pursuant to subdivision (c) of Section 54956.9: One Case 3. Subject: Public Employee Performance Evaluation (Government Code Section 54957): City Manager PLEDGE OF ALLEGIANCE - Regular Meeting 6:45 PM 10350 Torre Avenue, Community Hall Council Chamber ROLL CALL CEREMONIAL MATTERS AND PRESENTATIONS 4. Subject: Present Proclamation to Diana Khoury, owner of The Original Pancake House Recommended Action: Present Proclamation 5. Subject: Present Proclamation to the Cupertino Library Foundation for #LoveYourLibrary Month and #GivingTuesday Recommended Action: Present Proclamation POSTPONEMENTS ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the council on any matter not on the agenda. Speakers are limited to three (3) minutes. In most cases, State law will prohibit the council from making any decisions with respect to a matter not listed CITY OF CUPERTINO Page 2 City Council AGENDA October 7, 2014 on the agenda. CONSENT CALENDAR Unless there are separate discussions and/or actions requested by council, staff or a member of the public, it is requested that items under the Consent Calendar be acted on simultaneously. 6. Subject: Approve the September 2 City Council minutes Recommended Action: Approve the minutes A - Draft Minutes 7. Subject: Accept Accounts Payable for period ending August 29, 2014 Recommended Action: Adopt Resolution No. 14-195 accepting for the period ending August 29, 2014. A - Draft Resolution B - AP Report 8. Subject: Accept Accounts Payable for period ending September 5, 2014 Recommended Action: Adopt Resolution No. 14-196 accepting for the period ending September 5, 2014 A - Draft Resolution B - AP Rep Accounts Payable 9. Subject: Accept Accounts Payable for period ending September 12, 20t4 Recommended Action: Adopt Resolution No. 14-197 accepting for the period ending September 12, 2014 A - Draft Resolution B - AP Repo 10. Subject: Accept Accounts Payable for period ending September 19, 2014 Recommended Action: Adopt Resolution No. 14-198 accepting for the period ending September 19, 2014 A - Draft Resolution B - AP Report Accounts Payable Accounts Payable Accounts Payable 11. Subject: Fremont Union High School District (FUHSD) Parcel Tax Renewal, Measure J and K (November 4, 2014) Recommended Action: Accept Legislative Committee recommendation to support the FUHSD Parcel Tax Renewal, Measure J, and New Bond, Measure K for the November 4, 2014 General Election CITY OF CUPERTINO Page 3 City Council AGENDA October 7, 2014 Staff Report A - Smrunary FUHSD Measure J B - Surrunga FUHSD Measure K C - FUHSD Fact Sheet 12. Subject: Second Amendment to the Employment Contract for the City Attorney Recommended Action: Approve the Second Amendment to the Employment Contract for the City Attorney Staff Report Al - Redlined - Second Amendment to Contract A2 - Clean - Second Amendment to Contract 13. Subject: Cancel the first meeting in January of 2015 Recommended Action: Cancel the first meeting in January of 2015 Staff Report 14. Subject: Fee waiver request from the League of Women Voters of Cupertino - Sunnyvale for $180 facility use fee for the Commmunity Hall on October 13, 2014 from 6:30 - 9:30 p.m. for a candidate forum for the Cupertino Union School District Board of Trustees and on October 16, 2014 from 6:30 - 9:30 p.m. for a candidate forum for the City of Cupertino City Council. Recommended Action: Approve the fee waiver request for both events in Community Hall. Staff Report A - LO W V Letter 15. Subject: Application for Alcoholic Beverage License for Viva Thai Bistro, 19058 Stevens Creek Boulevard Recommended Action: Recommend approval of application for Alcoholic Beverage License for Viva Thai Bistro, 19058 Stevens Creek Boulevard Staff Report A - Application 16. Subject: Application for Alcoholic Beverage License for Bob's Discount Liquor Store, 7335 Bollinger Road, Suite F Recommended Action: Recommend approval for Alcoholic Beverage License for Bob's Discount Liquor Store, 7335 Bollinger Road, Suite F Staff Report A - Application 17. Subject: Application for Alcoholic Beverage License for Elephant Bar Restaurant, 19780 Stevens Creek Boulevard CITY OF CUPERTINO Page 4 City Council AGENDA October 7, 2014 Recommended Action: Recommend approval of Alcoholic Beverage License for Elephant Bar Restaurant, 19780 Stevens Creek Boulevard Staff Report A - Application 18. Subject: Sports Center Tennis Court Retaining Wall Repair Project, No. 2014-06 Recommended Action: Authorize the City Manager to award a contract to Valentine Corporation in the amount of $188,369; and approve a construction contingency of $20,000 for a total of $208,369. Staff Report A - Draft Contract SECOND READING OF ORDINANCES 19. Subject: Approval of an Ordinance Amending Chapter 9.17.130 of Chapter 9.17 of Title 9.of the Cupertino Municipal Code, Regulation of Single -Use Carryout Bags. Recommended Action: Conduct the second reading and enact Ordinance No. 14-2122: "An Ordinance of the City Council of the City of Cupertino amending Section 9.17.130 of Chapter 9.17 of Title 9 of the Cupertino Municipal Code relating to the regulation of single -use carryout bags," to cap the required minimum charge for recycled paper bags at ten cents and eliminate a future increase to twenty-five cents per bag. Staff Report A - Redline Ordinance B - Amended Ordinance C - Addendum to Final Program EIR PUBLIC HEARINGS ORDINANCES AND ACTION ITEMS 20. Subject: Conversion of interim Associate Civil Engineer position to a permanent position and a three -and -a -half -year extension to interim Associate Planner position. Recommended Action: Authorize 1) the conversion of the two-year limited -term Associate Civil Engineer in the Public Works Development Services Division to a permanent position, and 2) the extension of the current interim planner position to an additional three -and -a -half -year term. Staff Report 21. Subject: Set application deadline and interview dates for commissions with terms expiring January 30, 2015. CITY OF CUPERTINO Page 5 City Council AGENDA October 7, 2014 Recommended Action: Approve an application deadline of Friday, January 16 and interview dates of Monday, January 26 and Tuesday, January 27 beginning at 5:00 p.m. on both days. Staff Report A - Appointments List 22. Subject: Approval of an Ordinance amending Chapter 2.08 of Title 2 of the Cupertino Municipal Code to add section 2.08.145 to codify the existing Councilmember call for review Recommended Action: Introduce and conduct the first reading of Ordinance No. 14-2123: "An Ordinance of the City Council of the City of Cupertino amending the Cupertino Municipal Code Chapter 2.08 of Title 2 to include Section 2.08.145 relating to call for review" Staff Report A - Draft Ordinance REPORTS BY COUNCIL AND STAFF 23. Subject: Present Construction Project Update Report Recommended Action: Receive Project Update Report ADJOURNMENT CITYOFCUPERTINO Page 6 City Council AGENDA October 7, 2014 The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6; litigation challenging a final decision of the City Council must be brought within 90 days after a decision is announced unless a shorter time is required by State or Federal law. Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City's decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's office for more information or go to http://Www.cupertino.orglindex.aspx?page=125 for a reconsideration petition form. In compliance with the Americans with Disabilities Act (ADA), the City of Cupertino will make reasonable efforts to accommodate persons with qualified disabilities. If you require special assistance, please contact the city clerk's office at 408-777-3223 at least 48 hours in advance of the meeting. Any writings or documents provided to a majority of the Cupertino City Council after publication of the packet will be made available for public inspection in the City Clerk's Office located at City Hall, 10300 Torre Avenue, during normal business hours and in Council packet archives linked from the agenda/minutes page on the Cupertino web site. Members of the public are entitled to address the City Council concerning any item that is described in the notice or agenda for this meeting, before or during consideration of that item. If you wish to address the Council on any issue that is on this agenda, please complete a speaker request card located in front of the Council, and deliver it to the Clerk prior to discussion of the item. When you are called, proceed to the podium and the Mayor will recognize you. If you wish to address the City Council on any other item not on the agenda, you may do so by during the public comment portion of the meeting following the same procedure described above. Please limit your comments to three (3) minutes or less. CITY OF CUPERTINO Page 7 CITY OF CUPERTINO AGENDA C U P E RT I N O CITY COUNCIL 10350 Torre Avenue, Council Chamber Tuesday, October 21, 2014 5:05 PM CLOSED SESSION - Special Meeting 5:05 PM 10300 Torre Avenue, City Hall Conference Room A 1. Subject: Conference with Legal Counsel - Initiation of Litigation pursuant to subdivision (c) of Section 54956.9: One Case 2. Subject: Conference with Legal Counsel - Pending Litigation (Gov't Code Section 54956.9(a); New Cingular v. City of Alameda, et al, Superior Court of California, County of Los Angeles Case No. BC462270 PLEDGE OF ALLEGIANCE - Regular Meeting 6:45 PM 10350 Torre Avenue, Community Hall Council Chamber ROLL CALL CEREMONIAL MATTERS AND PRESENTATIONS 3. Subject: Update by John Ristow from the Valley Transportation Authority (VTA) regarding the Highway 85 Express Lane Project Recommended Action: Receive update 4. Subject: Update from Santa Clara County Fire Department Fire Chief Kenneth Kehmna Recommended Action: Receive update 5. Subject: Update from the Cupertino Union School District (CUSD) Superintendent Wendy Gudalewicz Recommended Action: Receive update 6. Subject: Library Commission quarterly update regarding the loth Anniversary of the Cupertino Library Recommended Action: Receive update POSTPONEMENTS CITY OF CUPERTINO Page I City Council AGENDA October 21, 2014 ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the council on any matter not on the agenda. Speakers are limited to three (3) minutes. In most cases, State law will prohibit the council from making any decisions with respect to a matter not listed on the agenda. CONSENT CALENDAR Unless there are separate discussions and/or actions requested by council, staff or a member of the public, it is requested that items under the Consent Calendar be acted on simultaneously. 7. Subject: Approve the October 7 City Council minutes Recommended Action: Approve minutes A - Draft Minutes 8. Subject: Accept Accounts Payable for the period ending September 26, 2014 Recommended Action: Adopt Resolution No. 14-199 accepting Accounts Payable for the period ending September 26, 2014 A - Draft Resolution B - AP Report 9. Subject: Accept Accounts Payable for the period ending October 3, 2014 Recommended Action: Adopt Resolution No. 14 -200 accepting Accounts Payable for the period ending October 3, 2014 A - Draft Resolution B - AP Report 10. Subject: Accept Accounts Payable for period ending October 10, 2014 Recommended Action: Adopt Resolution No. 14-201 accepting Accounts Payable for the period ending October 10, 2014 A - Draft Resolution B - AP Report 11. Subject: Second Amended Employment Contract for the City Manager. Recommended Action: Approve the Second Amended Employment Contract for the City Manager. Staff Report A - Redlined - Second Amendment B - Clean Second Amendment 12. Subject: City Project, 2013 Pavement Maintenance Phase 2, Project No. 2013-05 CITY OF CUPERTINO Page 2 City Council AGENDA October 21, 2014 Recommended Action: Accept Project No. 2013-05 Staff Report A - Phase 2 Street Ust SECOND READING OF ORDINANCES PUBLIC HEARINGS 13. Subject: Hyatt House Hotel development project Recommended Action: 1. Adopt Mitigated Negative Declaration (EA-2014-06); and 2. Adopt Resolution No. 14-202 approving Development Permit (DP-2014-04); and 3. Adopt Resolution No. 14-203 approving Use Permit (U-2014-04); and 4. Adopt Resolution No. 14-204 approving Architectural and Site Approval (ASA-2014-06); and 5. Adopt Resolution No. 14-205 approving Parking Exception (EXC-2014-07); and 6. Adopt Resolution No. 14-206 approving Tree Removal Permit (TR-2014-28); and 7. Adopt Resolution No. 14-207 approving Tree Removal Permit (TR-2014-40) Description: Application No.(s): ASA-2014-06, DP-2014-04, EXC-2014-07, TR-2014-28, U-2014-04, TR-2014-40 (EA-2014-06); Applicant: Edward Chan (Cupertino Property Development II, LLC.); Location: Perimeter Rd @ Wolfe Rd; APN: 316-20-092; Architectural Site Approval for a new 5-story, 148 room hotel and associated site and off -site improvements; Development Permit to allow the demolition of an existing parking lot and construct a 5 story, 148 room hotel of approximately 102,700 square feet that includes a restaurant, bar, lounge and conference rooms built over a 35,800 square foot underground parking garage that contains tandem parking; Parking Exception Permit to allow eight tandem parking stalls; Tree Removal Permit to allow the removal and replacement of 96 trees to facilitate the construction of a new hotel; Use Permit to allow a 24-hour hotel, including a restaurant with interior bar; Tree Removal Permit to allow the removal and replacement of 19 trees to facilitate the off -site improvements associated with the construction of a new hotel CITY OF CUPERT/NO Page 3 City Council AGENDA October 21, 2014 Staff Report A - Mitigated Negative Declaration with Initial Study B — Draft Resolution Development Permit (DP-2014-04) C — Draft Resolution Use Permit (U-2014-04) D — Draft Resolution Architectural and Site Approval (ASA-2014-06) E — Draft Resolution Parking Exception (EXC-2014-07) F — Draft Resolution Tree Removal Permit (TR-2014-28) G — Draft Resolution Tree Removal Permit (TR-2014-40) H — August 26 2014 Planning Commission staff report and meeting mina I — Planning Commission Resolution No. 6752 (ASA-2014-06) J — Planning Commission Resolution No. 6753 (DP-2014-04) K — Planning Commission Resolution No. 6754 (EXC-2014-07) L — Planning Commission Resolution No. 6755 (TR-2014-28) M — Planning Commission Resolution No. 6756 (U-2014-04) N — Planning Commission Resolution No. 6757 (TR-2014-40) O — Applicant's description of active spaces for the project P — Transportation Impact Analysis (TIA) O — Citv's Consulting_Arborist report R — Concerned Citizens of Cupertino (CCC) comment letter S — South Vallco Connectivity Plan T — Mitigation Monitoring and Reporting Program U — Response to Comments (RTC) on the initial study W — Plan set ORDINANCES AND ACTION ITEMS 14. Subject: Civic Center Master Plan - Selection of Preferred Project Recommended Action: Provide direction on the following, which will comprise the Preferred Project for the Civic Center Master Plan: a. City Hall, Library Program Room, and Garage Parking options; and then b. Other site development options. CITY OF CUPERT/NO Page 4 City Council AGENDA October 21, 2014 Staff Report A - Chronology of Council Direction & Comm. Input Gathering B - Civic Center Master Plan Costs Summary C - City Hall Option A - Costs D - City Hall Option B - Costs E - City Hall Option C - Costs F - City Hall Option D 1 - Costs G - City Hall Option D2 - Costs H - City Hall Option E - Costs I - City Hall Alternatives Study -Structural Evaluation J - City Hall -MEP Systems Alternatives Study K - Civic Center Master Plan Fact Sheet L - Council Presentation M - Precedent Examples of Recent City Halls 15. Subject: Designate voting delegate and alternates for National League of Cities Annual Business Meeting November 22 in Austin, TX Recommended Action: Designate voting delegate and up to two alternatives Staff Report A - Conference Information 16. Subject: First reading of an ordinance amending Chapter 2.08 of Title 2 of the Cupertino Municipal Code to add section 2.08.145 to codify the existing Councilmember call for review (continued from October 7) Recommended Action: Introduce and conduct the first reading of Ordinance No. 14-2123: "An Ordinance of the City Council of the City of Cupertino amending the Cupertino Municipal Code Chapter 2.08 of Title 2 to include Section 2.08.145 relating to call for Council review" Staff Report A - Draft Ordinance B - Chart of Procedures for Review of Decisions of a Lower Body REPORTS BY COUNCIL AND STAFF ADJOURNMENT CITY OF CUPERTINO Page 5 City Council AGENDA October 21, 2014 The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6; litigation challenging a final decision of the City Council must be brought within 90 days after a decision is announced unless a shorter time is required by State or Federal law. Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City's decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's office for more information or go to http://www.cupertino.orglindex.aspx?page=125 for a reconsideration petition form. In compliance with the Americans with Disabilities Act (ADA), the City of Cupertino will make reasonable efforts to accommodate persons with qualified disabilities. If you require special assistance, please contact the city clerk's office at 408-777-3223 at least 48 hours in advance of the meeting. Any writings or documents provided to a majority of the Cupertino City Council after publication of the packet will be made available for public inspection in the City Clerk's Office located at City Hall, 10300 Torre Avenue, during normal business hours and in Council packet archives linked from the agenda/minutes page on the Cupertino web site. Members of the public are entitled to address the City Council concerning any item that is described in the notice or agenda for this meeting, before or during consideration of that item. If you wish to address the Council on any issue that is on this agenda, please complete a speaker request card located in front of the Council, and deliver it to the Clerk prior to discussion of the item. When you are called, proceed to the podium and the Mayor will recognize you. If you wish to address the City Council on any other item not on the agenda, you may do so by during the public comment portion of the meeting following the same procedure described above. Please limit your comments to three (3) minutes or less. CITYOFCUPERTINO Page 6 CUPERTINO 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, October 21, 2014, commencing at 5:05 p.m. in City Hall Conference Room A, 10300 Torre Avenue, Cupertino, California. Said special meeting shall be for the purpose of conducting a closed session regarding Subject: Conference with Legal Counsel - Initiation of Litigation pursuant to subdivision (c) of Section 54956.9: One Case; and Subject: Conference with Legal Counsel - Pending Litigation (Gov't Code Section 54956.9(a); New Cingular v. City of Alameda, et al, Superior Court of California, County of Los Angeles Case No. BC462270. Members of the public will have the opportunity to directly address the City Council before consideration of any item described in this notice. The regular meeting items will be heard at 6:45 p.m. in Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, California. Dated: October 15, 2014 ab^'-d4~n r® C r� am,��m °>C � C� �F F11 cy r� 17 r� es Q n C z Kirsten Squarcia Deputy City Clerk CITY OF CUPERTINO AGENDA CUPERTINO CITY COUNCIL 10350 Torre Avenue, Council Chamber Monday, November 3, 2014 5:05 PM CLOSED SESSION - Special Meeting 5:05 PM 10300 Torre Avenue, City Hall Conference Room A 1. Subject: Conference with Legal Counsel -Initiation of Litigation pursuant to subdivision (c) of Section 54956.9: One Case PLEDGE OF ALLEGIANCE - Regular Meeting 6:45 PM 10350 Torre Avenue, Community Hall Council Chamber ROLL CALL CEREMONIAL MATTERS AND PRESENTATIONS 2. Subject: Certificates of appreciation recognizing volunteer students from the Silicon Valley Korean School Recommended Action: Present certificates 3. Subject: Present proclamation to Bonnie Belshe, History Teacher of the Year for the State of California Recommended Action: Present proclamation 4. Subject: Update from the Santa Clara Valley Water District Board Director Nai Hsueh Recommended Action: Receive update 5. Subject: Update by John Ristow from the Valley Transportation Authority (VTA) regarding the Highway 85 Express Lane Project Recommended Action: Receive update POSTPONEMENTS Certification of the EIR, General Plan Amendment, Draft Housing Element, Rezoning, Specific Plan Amendment, Municipal Code Amendments re -noticed for the Special City Council meeting of Monday, November 10, 2014 CITY OF CUPERTINO Page I City Council AGENDA November 3, 2014 ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the council on any matter not on the agenda. Speakers are limited to three (3) minutes. In most cases, State law will prohibit the council from making any decisions with respect to a matter not listed on the agenda. CONSENT CALENDAR Unless there are separate discussions and/or actions requested by council, staff or a member of the public, it is requested that items under the Consent Calendar be acted on. simultaneously. 6. Subject: Approve the October 21 City Council minutes Recommended Action: Approve the minutes A - Draft Minutes 7. Subject: Accept Accounts Payable for period ending October 17, 2014 Recommended Action: Adopt Resolution No. 14-208 accepting Accounts Payable for the period ending October 17, 2014 A - Draft Resolution B - AP Report 8. Subject: Application for Alcoholic Beverage License for The Melt, 20803 Stevens Creek Boulevard, Suite 110 Recommended Action: Recommend approval for Alcoholic Beverage License for The Melt, 20803 Stevens Creek Boulevard, Suite 110 Staff Report A - Application 9. Subject: Amendment to the professional services contract with 4Leaf, Inc. for plan review services for the Main Street Project. Recommended Action: Authorize the city manager to sign an amendment to the Professional Services Agreement with 4Leaf, Inc. for plan review services for the Main Street project adding $60,000 to the original contract of $156,226, for a total amount not to exceed $216,226. Staff Report A - Draft Amendment #1 B - Original Contract SECOND READING OF ORDINANCES 10. Subject: Approval of an Ordinance amending Chapter 2.08 of Title 2 of the Cupertino Municipal Code to add section 2.08.145 to codify the existing call for CITY OF CUPERTINO Page 2 City Council AGENDA November 3, 2014 council review. Recommended Action: Conduct the second reading and enact Ordinance No. 14-2123: "An Ordinance of the City Council of the City of Cupertino amending the Cupertino Municipal Code Chapter 2.08 of Title 2 to include Section 2.08.145 relating to call for Council review" Staff Report A - Draft Ordinance B - Chart of Procedures PUBLIC HEARINGS ORDINANCES AND ACTION ITEMS 11. Subject: Authorize new position categories in Cupertino Employee Association's Compensation schedule and title changes for classifications in Compensation Program. Recommended Action: Adopt Resolution No Employee Association's (CEA) Compensation Employees' Compensation Program salary schedules. Staff Report A - Draft Resolution B - New Classification Descriptions C - Redline Amending CEA MOU D - Redline Amending Unrep MOU E - Proposed Changes Graph REPORTS BY COUNCIL AND STAFF ADJOURNMENT the salary schedule for the Program and accept salary the Unrepresented Employees' 14-209 amending the Cupertino Program and the Unrepresented Adjourn to Monday, November 10 at 6:45 PM for a Special meeting regarding Certification of the EIR, General Plan Amendment, Draft Housing Element, Rezoning, Specific Plan Amendment, Municipal Code Amendments, 10350 Torre Avenue, Cupertino, CA CITY OF CUPERTINO Page 3 City Council AGENDA November 3, 2014 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 petitionn 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.orgliiidex.aspx?page=125for a reconsiderations petition.form. In compliance with the Americans with Disabilities Act (ADA), the City of Cupertino will make reasonable efforts to accommodate persons withh qualified disabilities. If you require special assistance, please contact the city clerk's office at 408-777-3223 at least 48 hours in advance of 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. Kgien 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 cominrents to three (3) minutes or less. CITY OF CUPERTINO Page 4 CUPERTINO CALL FOR A SPECIAL MEETING OF THE CUPERTINO CITY COUNCIL NOTICE IS HEREBY GIVEN that a special meeting of the Cupertino City Council is hereby called for Monday, November 3, 2014, commencing at 5:05 p.m. in City Hall Conference Room A, 10300 Torre Avenue, Cupertino, California. Said special meeting shall be for the purpose of conducting a closed session regarding Subject: Conference with Legal Counsel -Initiation of Litigation pursuant to subdivision (c) of Section 54956.9: One Case. Members of the public will have the opportunity to directly address the City Council before consideration of any item described in this notice. The regular meeting items will be heard at 6:45 p.m. in Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, California. Dated: October 28, 2014 Kirsten Squarcia Deputy City Clerk STATE OF CALIFORNIA COUNTY OF SANTA CLARA CITY OF CUPERTINO ss. AFFIDAVIT OF POSTING I, Kirsten Squarcia, being first duly sworn, depose and say: That I am the duly appointed and ualified Deputy City Clerk of the City of Cupertino and that on Oct 28, 2014, at /-f aa./p.m., I caused the above Notice to be posted on the City Hall bulletin board, 10300 Torre Avenue, Cupertino, California and the door of Community Hall, 10350 Torre Avenue, Cupertino, California I declare under penalty of perjury that the foregoing is true and correct. Dated: October 28, 2014 Kirsten Squarcia Deputy City Clerk CITY OF CUPERTINO AMENDED AGENDA CUPERTINO CITY COUNCIL 10350 Torre Avenue, Council Chamber Monday, November 3, 2014 5:30 PM CLOSED SESSION - Special Meeting 5:30 PM 10300 Torre Avenue, City Hall Conference Room A Amended on 10/29 at 2:30 pm to change closed session start time 1. Subject: Conference with Legal Counsel -Initiation of Litigation pursuant to subdivision (c) of Section 54956.9: One Case PLEDGE OF ALLEGIANCE - Regular Meeting 6:45 PM 10350 Torre Avenue, Community Hall Council Chamber ROLL CALL CEREMONIAL MATTERS AND PRESENTATIONS 2. Subject: Certificates of appreciation recognizing volunteer students from the Silicon Valley Korean School Recommended Action: Present certificates 3. Subject: Present proclamation to Bonnie Belshe, History Teacher of the Year for the State of California Recommended Action: Present proclamation 4. Subject: Update from the Santa Clara Valley Water District Board Director Nai Hsueh Recommended Action: Receive update 5. Subject: Update by John Ristow from the Valley Transportation Authority (VTA) regarding the Highway 85 Express Lane Project Recommended Action: Receive update POSTPONEMENTS Certification of the EIR, General Plan Amendment, Draft Housing Element, Rezoning, Specific Plan Amendment, Municipal Code Amendments re -noticed for the Special City Council meeting of Monday, November 10, 2014 CITY OF CUPERTINO Page I City Council AGENDA November 3, 2014 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. 177 most cases, State law will prohibit the council firon making any decisions with respect to a matter not listed on the agenda. CONSENT CALENDAR Unless there are separate discussions and/or actions requested by council, staff or a member of the public, it is requested that items under the Consent Calendar be acted on simultaneously. 6. Subject: Approve the October 21 City Council minutes Recommended Action: Approve the minutes A - Draft Minutes 7. Subject: Accept Accounts Payable for period ending October 17, 2014 Recommended Action: Adopt Resolution No. 14-208 accepting Accounts Payable for the period ending October 17, 2014 A - Draft Resolution B - AP Report 8. Subject: Application for Alcoholic Beverage License for The Melt, 20803 Stevens Creek Boulevard, Suite 110 Recommended Action: Recommend approval for Alcoholic Beverage License for The Melt, 20803 Stevens Creek Boulevard, Suite 110 Staff Report A - Application 9. Subject: Amendment to the professional services contract with 4Leaf, Inc. for plan review services for the Main Street Project. Recommended Action: Authorize the city manager to sign an amendment to the Professional Services Agreement with 4Leaf, Inc. for plan review services for the Main Street project adding $60,000 to the original contract of $156,226, for a total amount not to exceed $216,226. Staff Report A - Draft Amendment #1 B - Original Contract SECOND READING OF ORDINANCES 10. Subject: Approval of an Ordinance amending Chapter 2.08 of Title 2 of the Cupertino Municipal Code to add section 2.08.145 to codify the existing call for CITY OF CUPERTINO Page 2 City Council AGENDA November 3, 2014 council review. Recommended Action: Conduct the second reading and enact Ordinance No. 14-2123: "An Ordinance of the City Council of the City of Cupertino amending the Cupertino Municipal Code Chapter 2.08 of Title 2 to include Section 2.08.145 relating to call for Council review" Staff Repo A - Draft Ordinance B - Chart of Procedures PUBLIC HEARINGS ORDINANCES AND ACTION ITEMS 11. - Subject: Authorize new position categories in the salary schedule for the Cupertino Employee Association's Compensation Program and accept salary schedule and title changes for classifications in the Unrepresented Employees' Compensation Program. Recommended Action: Adopt Resolution No Employee Association's (CEA) Compensation Employees' Compensation Program salary schedules. Staff Report A - Draft Resolution B - New Classification Descriptions C - Redline Amending CEA MOU D - Redline Amending Ume_p MOU E - Proposed Changes Graph REPORTS BY COUNCIL AND STAFF ADJOURNMENT 14-209 amending, the Cupertino Program and the Unrepresented Adjourn to Monday, November 10 at 6:45 PM for a Special meeting regarding Certification of the EIR, General Plan Amendment, Draft Housing Element, Rezoning, Specific Plan Amendment, Municipal Code Amendments, 10350 Torre Avenue, Cupertino, CA CITY OF CUPERTINO Page 3 City Council AGENDA November 3, 2014 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), the City of Cupertino will make reasonable efforts to accommodate persons with qualified disabilities. If you require special assistance, please contact the city clerk's office at 408-777-3223 at least 48 hours in advance of 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. TVien you are called, proceed to the podium and the Mayor will recognize you. If you wish to address the City Council on any other item not on the agenda, you may do so by during the public comment portion of the meeting following the same procedure described above. Please limit your comments to three (3) minutes or less. CITY OF CUPERTINO Page 4 CUPERTINO AMENDED CALL FOR A SPECIAL MEETING OF THE CUPERTINO CITY COUNCIL Amended on 10/29 at 2:30 pm to change closed session start time NOTICE IS HEREBY GIVEN that a special meeting of the Cupertino City Council is hereby called for Monday, November 3, 2014, 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 conducting a closed session regarding Subject: Conference with Legal Counsel -Initiation of Litigation pursuant to subdivision (c) of Section 54956.9: One Case. Members of the public will have the opportunity to directly address the City Council,before consideration of any item described in this notice. The regular meeting items will be heard at 6:45 p.m. in Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, California. Dated: October 29, 2014 Kirsten Squarcia Deputy City Clerk STATE OF CALIFORNIA ) COUNTY OF SANTA CLARA ) ss. AFFIDAVIT OF POSTING CITY OF CUPERTINO ) I, Kirsten Squarcia, being first duly sworn, depose and say: That I am the duly appointed and qualified Deputy City Clerk of the City of Cupertino and that on Oct 29, 2014, at 2:30 p.m., I caused the above Notice to be posted on the City Hall bulletin board, 10300 Torre Avenue, Cupertino, California and the door of Community Hall,10350 Torre Avenue, Cupertino, California I declare under penalty of perjury that the foregoing is true and correct. Dated: October 29, 2014 Kirsten Squarcia Deputy City Clerk CITY OF CUPERTINO AGENDA CUPERTINO CITY COUNCIL 10350 Torre Avenue, Council Chamber Monday, November 10, 2014 6:45 PM r b+i Special Meeting U PLEDGE OF ALLEGIANCE w O ROLL CALL CEREMONIAL MATTERS AND PRESENTATIONS POSTPONEMENTS ORAL COMMUNICATIONS .2 pa w W U r �1 �y, U � J c4 Ca W r-. � D - W W .� This portion of the meeting is reserved for persons wishing to address the council on any matter not on the agenda. Speakers are limited to three (3) minutes. In most cases, State law will prohibit the council fi°om making any decisions with respect to a matter not listed on the agenda. CONSENT CALENDAR Unless there are separate discussions and/or actions requested by council, staff or a member of the public, it is requested that items under the Consent Calendar be acted on simultaneously. SECOND READING OF ORDINANCES PUBLIC HEARINGS 1. Subject: Certification of Final EIR, General Plan Amendment, Draft Housing Element, Rezoning, Specific Plan Amendment, Municipal Code Amendments .A Q) CITY OF CUPERTINO Page I City Council AGENDA November 10, 2014 Recommended Action: The Planning Commission recommends that the City Council take the following actions in accordance with the Draft Resolutions (Attachments A - F) with the exceptions noted in Attachment G: 1. Adopt Resolution No. 14-210 for Certification of an Environmental Impact Report, adoption of Findings and a Statement of Overriding Considerations, and adoption of Mitigation Measures and a Mitigation Monitoring and Reporting Program, (EA-2013-03), in substantially similar form to the attached Resolution (Attachment A); 2. Adopt Resolution No. 14-211 approving GPA-2013-01 in substantially similar form to the attached Resolution (Attachment B and as amended by Attachment G): a. Draft General Plan (Community Vision 2040); and b. General Plan Map Amendments 3. Adopt Resolution No. 14-212 to authorize staff to, in substantially similar form to the attached Resolution (Attachment C and as amended by Attachment G): a. Forward the Draft 2014-2022 Housing Element to the State Department of Housing and Community Development (HCD); and b. Use the prioritized list of Alternative Housing Element sites (in case one or more of the adopted sites are not accepted by HCD as Housing Element sites) 4. Conduct first reading of Ordinance 14-2124, "An Ordinance of the City Council of the City of Cupertino Rezoning Certain Sites in the City for Conformance with the General Plan and Housing Element Zoning Map Amendment," Z-2013-03 (Attachment D and as amended by Attachment G); 5. Conduct first reading of Ordinance 14-2125, "An Ordinance of the City Council of the City of Cupertino amending various Chapters in Title 18 and Title 19, including the amendment of the Density Bonus Ordinance, the addition of a Chapter in Title 19 to implement policies in the General Plan, the addition of a Chapter in Title 13 to improve readability," Municipal Code Amendment, MCA-2014-01 (Attaclnnent E); and 6. Adopt Resolution No. 14-213 approving Specific Plan Amendment, SPA-2014-01, in substantially similar form to the attached Resolution (Attachment F) The Balanced Plan is reflected in Attachments A - F. The Planning Commission's changes to the exhibits to Attachments A - D are reflected in Attachment G. These changes are discussed in detail later in this report. CEQA Findings for adoption of the Balanced Plan and Housing Element sites recommended by staff are in Attachment H. Description: Application No(s): GPA-2013-01, Z-2013-01, GPA-2013-02, SPA-2014-01, MCA-2014-01 (EA-2013-03) Applicant(s): City of Cupertino CITY OF CUPERTINO Page 2 City Council AGENDA November 10, 2014 Location: citywide Certification of Environmental Impact Report for a General Plan Amendment, Housing Element Update and Associated Rezoning; General Plan Amendment to establish citywide development allocations for commercial, office, hotel and residential uses and development parameters for key study areas (including the Vallco Shopping district); General Plan Amendment for the 2014-2022 Housing Element as required by State Law; Rezoning of certain parcels in conjunction with the citywide General Plan Amendment; Specific Plan Amendment to the Heart of the City Specific Plan related to maximum residential yield calculations and an updated leap to conform to the General Plan; Municipal Code Amendment to comply with State Housing Law and the Housing Element of the General Plan and other zoning code amendments for clean-up and consistency CITY OF CUPERTINO Page 3 City Council AGENDA \ovember 10, 2014 Staff Report.docx A - Draft Resolution 14-210, Recommend certification of the EIR B - Draft Resolution 14-211, Adoption of General Plan and Land Use Am C - Draft Resolution 14-212, Housing Element updates D - Draft Ordinance 14-2124, Zoning Map amendments E - Draft Ordinance 14-2125, Municipal Code Amendments F - Draft Resolution 14-213, Specific Plan Amendment G - Planning Commission Resolutions 6760-6765 H - Alternate CEQA Findings I - Planning Commission Staff Report 10-14-14 J - Housing; Commission, Planning Commision, City Council prior staff re K - Concept Alternative Maps L -Approved Planning Commission Minutes 10-14-14, 10-20-14 M - General Plan and Housing Element errata since PC recommendation l N - Balanced Plan Map.pdf O - Planning Commission Reccomrnendation Map.pdf P - Market Study 2-13-14 Q - Retail Strategy Report 3-6-14 R - Housing Commission staff report 8-28-14 S - 2007-2014 Housing Element and Technical Appendix T - Site Priority List with criteria U - Summary of Land Use Map, Zoning Map and Muni Code Amendmen V - Zoning Text Amendments with Redlines W - Specific Plan Amendments with Redlines X - PC Study Session Staff report 9-9-14 Y - CC Study Session staff report 10-7-14 Z - Draft EIR 6-18-14 AA - Responses to Comments 8-28-14 BB - Supplemental Text Revisions Memo 11-3-14 CC - Updated Late Comments Memo 11-3-14 DD - ERC recommendation EE - Public Comments related to the General Plan and Housing Element ORDINANCES AND ACTION ITEMS REPORTS BY COUNCIL AND STAFF ADJOURNMENT CITY OF CUPERTINO Page 4 City Council AGENDA November 10, 2014 The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6; litigation challenging a final decision of the City Council must be brought within 90 days after a decision is announced unless a shorter time is required by State or Federal law. Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City's decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's office for more information or go to http://Www.cupertino.orglindex.aspx?page=125 for a reconsideration petition form. In compliance with the Americans with Disabilities Act (ADA), the City of Cupertino will make reasonable efforts to accommodate persons with qualified disabilities. If you require special assistance, please contact the city clerk's office at 408-777-3223 at least 48 hours in advance of 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 continent 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 CUPERTINO 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, November 10, 2014 commencing at 6:45 p.m. in Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, California. Said special meeting shall be for the purpose of Subject: Certification of Final EIR, General Plan Amendment, Draft Housing Element, Rezoning, Specific Plan Amendment, Municipal Code Amendments Members of the public will have the opportunity to directly address the City Council before or during consideration of any item described in this notice. Dated: November 4, 2014 [��7 'J Kirsten Squarcia Deputy City Clerk STATE OF CALIFORNIA COUNTY OF SANTA CLARA CITY OF CUPERTINO ss. AFFIDAVIT OF POSTING I, Kirsten Squarcia, being first duly sworn, depose and say: That I am the duly appointed and qualified Deputy City Clerk of the City of Cupertino and that on November 5, 2014, at 10:00 a.m. I caused the above Notice to be posted on the City Hall bulletin board, 10300 Torre Avenue, Cupertino, California and the door of Community Hall, 10350 Torre Avenue, Cupertino, California I declare under penalty of perjury that the foregoing is true and correct. Dated: November 4, 2014 .� Kirsten Squarcia Deputy City Clerk OFFICE OF THE CITY CLERK CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3223 • FAX: (408) 777-3366 NOTICE OF ADJOURNMENT OF THE NOVEMBER 10, 2014 CITY COUNCIL MEETING AND CONTINUATION OF PUBLIC HEARING OF ALL MATTERS ON THE AGENDA TO NOVEMBER 18,2014 AT 6:45 PM NOTICE IS HEREBY GIVEN that the special meeting of the Cupertino City Council held on Monday, November 10, 2014 was adjourned to Tuesday, November 18, 2014 at 6:45 p.m. for purposes of continued public hearing, consideration, deliberation, and decision on all matters listed on the November 10, 2014 agenda and for all other business on the agenda. This includes, but is not limited to, the continued public hearing on the Environmental Impact Report, General Plan Amendments, Rezoning, Municipal Code Amendments and Specific Plan Amendments. The meeting will be held in the Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, California. Dated this 12th day of November, 2014 STATE OF CALIFORNIA ) SS. COU,XTY OF SA FA i-, i ) Grace Schmidt City Clerk I, , AN E�M � E OF THE CITY OF CUPERTINO DEPART MENT, ATE UN,'DER PENALTY OF PERJURY THAT ON (DATE) 11—— (TIME) '- lsI PERSONALLY POSTED THE NOTICE/AGENDA ON THE ATE 1GNATURE \FW C D\&A'� C. k9a 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, November 10, 2014, commencing at 6:45 p.m. in Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, California. Said special meeting shall be for the purpose of Subject: Certification of Final EIR, General Plan Amendment, Draft Housing Element, Rezoning, Specific Plan Amendment, Municipal Code Amendments Members of the public will have the opportunity to directly address the City Council before or during consideration of any item described in this notice. Dated: November 4, 2014 Kirsten Squarcia Deputy City Clerk STATE OF CALIFORNIA ) COUNTY OF SANTA CLARA ) ss. AFFIDAVIT OF POSTING CITY OF CUPERTINO ) I, Kirsten Squarcia, being first duly sworn, depose and say: That I am the duly appointed and qualified Deputy City Clerk of the City of Cupertino and that on November 4, 2014, at a.m. /p.m., I caused the above Notice to be posted on the City Hall bulletin board, 10300 Torre Avenue, Cupertino, California and the door of Community Hall, 10350 Torre Avenue, Cupertino, California I declare under penalty of perjury that the foregoing is true and correct. Dated: November 4, 2014 Kirsten Squarcia Deputy City Clerk CITY OF CUPERTINO IN -'I AGENDA CUPERTINO CITY COUNCIL 10350 Torre Avenue, Council Chamber°, Tuesday, November 18, 2014 6:45 PM U PLEDGE OF ALLEGIANCE go rn ROLL CALL CEREMONIAL MATTERS AND PRESENTATIONS ®cFY O C CT 0w U W W W��J�Jp �D �W '� �� 1. Subject: Present proclamation to Assemblymember Paul Fong for outstanding service Recommended Action: Present proclamation 2. Subject: Proclamation to Andy Huang recognizing his many hours of volunteer service to the community Recommended Action: Present proclamation 3. Subject: Update from Cupertino Chamber of Commerce President Darcy Paul Recommended Action: Receive update 4. Subject: Update from West Valley Community Services Executive Director Naomi Nakano -Matsumoto Recommended Action: Receive update POSTPONEMENTS ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the council on any matter not on the agenda. Speakers are limited to three (3) minutes. In most cases, State law will prohibit the council from making any decisions with respect to a matter not listed on the agenda. CONSENT CALENDAR Unless there are separate discussions and/or actions requested by council, staff or a member of the public, it is requested that items under the Consent Calendar be acted on simultaneously. CITY OF CUPERTINO Page 1 City Council AGENDA November 18, 2014 5. Subject: Waive the advisory body attendance requirement provision and reinstate Rose Grymes to the Library Commission and Jessi Kaur to the Fine Arts Commission Recommended Action: Waive the advisory body attendance requirement provision and reinstate Rose Grymes to the Library Commission and Jessi Kaur to the Fine Arts Commission Staff Report A - Approved Resolution No.10-048 B - Rose Grymes warningletter etter C - Rose Grymes tennination letter D - Rose Grymes letter to Council E - Rose Gryme support letter F - Jessi Kaur warningletter etter G - Jessi Kaur termination letter H- Jessi Kaur email to Council 6. Subject: Application for Alcoholic Beverage License for All That BBQ, 10493 South De Anza Boulevard Recommended Action: Recommend approval for Alcoholic Beverage License for All That BBQ, 10493 South De Anza Boulevard Staff Report A - Application 7. Subject: Application for Alcoholic Beverage License for Kula Revolving Sushi Bar, 19600 Vallco Parkway Recommended Action: Recommend approval of Alcoholic Beverage License for Kula Revolving Sushi Bar, 19600 Vallco Parkway Staff Report A - Application 8. Subject: Summary Vacation of a Portion of the Public Utility Easement located at 10097 S. Blaney Avenue. Recommended Action: Adopt Resolution No. 14-214, summarily vacating a portion of the Public Utility Easement within a private property located at 10097 S. Blaney Avenue. Staff Report A - Draft Resolution SECOND READING OF ORDINANCES PUBLIC HEARINGS CITY OF CUPERTINO Page 2 Cite Council AGENDA November 18, 2014 9. Subject: Municipal Code Amendment to the Tree Ordinance Recommended Action: 1. Adopt a Negative Declaration (EA-2013-01) per the California Environmental Quality Act; and 2. Conduct the first reading of Ordinance No. 14-2126 "An Ordinance Of The City Council Of The City Of Cupertino Amending Chapter 14.18 Of The Cupertino Municipal Code, relating to permit thresholds City Wide, streamlining the tree removal permit process for R1/A1/A/RHS/R2 Zones, and modifications for readability "(MCA-2013-01) Description: Application: MCA-2013-01, EA-2013-02 Applicant: City of Cupertino Property Location: citywide Consider adoption of amendments to Chapter 14.18, Protected Trees, of the Cupertino Municipal Code to streamline and update the tree removal review and approval process, and to improve readability/consistency Staff Report A - Draft Ordinance No. 14-2126 B - Proposed Changes to Chapter 14.18, Protected Trees C - July 2, 1014 City Council Staff Report D - Initial Study and Negative Declaration CITY OF CUPERTINO Page 3 Cite Council AGENDA November 18, 2014 10. Subject: Petition for Reconsideration of the City Council's approval of the Hyatt House Hotel development project. Recommended Action: Staff recommends that the City Council: 1. Consider the Petition for Reconsideration (Petition) and adopt Resolution No. 14- 215 (Attachment A) denying the petition for failure to meet the requirements of Municipal Code Section 2.08.09 or, in the alternative; 2. If the Council determines the Petition meets the criteria, conduct a hearing on the merits of the petition and uphold the Council's decision to approve/adopt the following for the project: i. Mitigated Negative Declaration (EA-2014-06) ii. Development Permit (DP-2014-04, Resolution 14-202) iii. Use Permit (U-2014-04, Resolution 14-203) iv. Architectural and Site Approval (ASA-2014-06, Resolution 14-204) v. Parking Exception (EXC-2014-07, Resolution 14-205) vi. Tree Removal Permit (TR-2014-28, Resolution 14-206) vii. Tree Removal Permit (TR-2014-40, Resolution 14-207) Description: Application Summary Applications: DP-2014-04, U-2014-04, ASA-2014-06, EXC-2014-07, TR-2014-28, TR-2014-40, EA-2014-06 Petitioner: Darrel Lum, Concerned Citizens of Cupertino Applicant: Edward Chan Property Owner: Cupertino Property Development II, LLC Location: 10380 Perimeter Road (Southeast quadrant of Wolfe Road and I-280, APN 316-20-094) and 10150 North Wolfe Road (JC Penney site, APN 316-20-094) Staff Report A — Draft Resolution B — August 26, 2014 Planning Commission staff report and meeting minu C — October 21, 2014 City Council staff report and meeting minutes D — Petition for Reconsideration from Darrel Lum dated October 30, 2014 E — Applicant's response letter ORDINANCES AND ACTION ITEMS CITY OF CUPERTINO Page 4 City Council AGENDA November 18, 2014 11. Subject: McClellan Ranch Preserve to Stevens Creek Blvd. Signage Program Report Recommended Action: 1) Review the McClellan Ranch Preserve to Stevens Creek Blvd. Signage program report; and 2) Select a preferred monument sign design from two alternatives forwarded by the Park and Recreation Commission; and 3) Accept Report Staff Report B - SCC Monument Sign Two Alts 11.12.14 REPORTS BY COUNCIL AND STAFF 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 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.cupertiiio.orglindex.aspx?page=125 for a reconsideration petition form. In compliance with the Americans with Disabilities Act (ADA), the City of Cupertino will make reasonable efforts to accommodate persons with qualified disabilities. If you require special assistance, please contact the city clerk's office at 408-777-3223 at least 48 hours in advance of 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 podiuin 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 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, December 2, 2014, commencing at 6:30 p.m. in Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, California. Said special meeting shall be for the purpose of the following subject matters: Present proclamation to Jaqui Guzman and her family in recognition of their volunteer service; Present Certificates of Recognition to Monta Vista, Cupertino, and Lynbrook High School students honoring their achievements in the 2014 National Japan Bowl; Postponements; Oral Communications; Approve the November 3 City Council minutes; Approve the November 6 City Council minutes; Accept Accounts Payable for period ending October 24, 2014; Accept Accounts Payable for period ending October 31, 2014; Accept Accounts Payable for period ending November 7, 2014; Accept Accounts Payable for period ending November 14, 2014; Approval of the First Quarter Financial Report for Fiscal Year 2014-2015; Application for Alcoholic Beverage License for Whole Foods Market, 20955 Stevens Creek Boulevard; Application for Alcoholic Beverage License for Joy Palace Restaurant, 19066 Stevens Creek Boulevard; Receive declaration of election results for the General Municipal Election held on November 4, 2014; Oath of office to newly -elected Council members; Election of Mayor and Vice Mayor; Oath of office to newly -elected Mayor and Vice Mayor; Reports by Council and Staff. Members of the public will have the opportunity to directly address the City Council before or during consideration of any item described in this notice. The regular meeting items will be heard at 6:45 p.m. in Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, California. Dated: I I —a STATE OF CALIFORNIA ) COUNTY OF SANTA CLARA SS. ) I, +"'1R5 i�1 SQvt'�C_( , AN ENIPLOYEE OF THE CITY OF CUPERTINO �- DEPART- MENT STATE UNDER . PENALTY OF PERJURY THAT ON (DATE) kk I .-7_6 It LY (TIME) 12 : oo PM , I PERSONALLY POSTED THE NOTICE/AGENDA ON THE BULLETIN BOARD AT CITY HALL. AN p COMAAON(TY BALL l l (" f t N DATE SIGNATURE 0(-t Grace Schmidt City Clerk AGENDA OF THE CITY COUNCIL TUESDAY, DECEMBER 2, 2014 Special Meeting 6:30 PM Regular Meeting 6:45 PM Mark Santoro Gilbert Wong Barry Chang Council Member Mayor Council Member Carol Korade City Attorney David Brandt • • • • City Manager • Staff • • Staff • F*� Speaker's Podium Rod Sinks Vice Mayor Orrin Mahoney Council Member Grace Schmidt City Clerk • A Staff COMMUNITY HALL COUNCIL CHAMBER 10350 Tone Avenue, Cupertino, Califomia 95014 (408) 777-3200 (City Hall) www.cupertino.org • Staff CONDUCT OF BUSINESS The Mayor is the presiding officer of the City Council. Any member of the public may speak on any item on the agenda for up to three minutes. All statements and questions must be addressed to the Mayor. City Council hearings serve as a venue for the discussion of sometimes divergent points of view. Please respect the opinions of others and refrain from outward expressions of emotions such as cheering or clapping. Such behavior delays the meeting and may intimidate other persons wishing to express alternate views. Loud, unruly outbursts will result in removal from the meeting. The proceedings of the meeting are recorded on audiotape and videotape; therefore, members of the audience who address the City Council must come to the lectern/microphone, and are requested to complete a Speaker Card and identify themselves. FLOWCHART FOR AGENDA ITEMS: Mayor introduces agenda item 1 Staff reports and makes recommendation 1 Applicant makes presentation (up to 10 mins.) - Mayor invites members of the public to speak about [ the agenda item Mayor closes the hearing City Council votes on the agenda item Council members report any site visits or outside communications Council members ask questions Council members ask questions Speakers submit a Request to Speak card, and are allowed up to 3 minutes per individual, or up to 10 minutes per group. Council members may ask questions of speakers. A Council member makes a motion and obtains a second. The City Council then discusses the motion(s) and votes. PUBLIC HEARINGS The City Council is required by law to hold public hearings on certain matters prior to making its decision. Notice to interested parties is given by legal advertisement in the local newspaper of general circulation at least 10 calendar days preceding the hearing date. Applications requiring public hearings include change of zoning, variances, use permits, and tentative maps. COUNCIL MEETINGS The City Council regularly meets the first and third Tuesdays of each month. These meetings are held in the Council Chamber of the Cupertino Community Hall, 10350 Torre Avenue, at 6:45 p.m. Closed sessions,when needed, are normally held at 6:00 p.m. Closed sessions cover items such as personnel, litigation, or the sale, purchase, or lease of property. Actions taken in closed sessions are not final until acted upon in public session. Urgent business, holidays, or election days may trigger special or adjourned meetings. These meetings will be noticed beforehand. AGENDAS, MINUTES, AND PACKETS AVAILABLE ON THE WEB Agendas, minutes, and packets for current and prior City Council and Planning Commission meetings are available at www.cupertino.org, or you can purchase the items on CD. CITY COUNCIL DECISION IS FINAL Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City's decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's office for more information or go to www. http://www.cupertino.org/index.aspx?page =125 for a reconsideration petition form. CITY OF CUPERTINO AGENDA C U P E RT I N O CITY COUNCIL 10350 Torre Avenue, Council Chamber Tuesday, December 2, 2014 6:30 PM SPECIAL MEETING - 6:30 PM 10350 Torre Avenue, Community Hall Council Chainber PLEDGE OF ALLEGIANCE ROLL CALL CEREMONIAL MATTERS AND PRESENTATIONS 1. Subject: Present proclamation to Jaqui Guzman and her family in recognition of their volunteer service Recommended Action: Present proclamation 2. Subject: Present Certificates of Recognition to Monta Vista, Cupertino, and Lynbrook High School students honoring their achievements in the 2014 National Japan Bowl Recommended Action: Present certificates POSTPONEMENTS ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the council on any matter not on the agenda. Speakers are limited to three (3) minutes. In most cases, State law will prohibit the council fi^om making any decisions with respect to a matter not listed on the agenda. CONSENT CALENDAR Unless there are separate discussions and/or actions requested by council, staff or a member of the public, it is requested that items under the Consent Calendar be acted on simultaneously. 3. Subject: Approve the November 3 City Council minutes Recommended Action: Approve the minutes CITY OF CUPERTJNO Page 1 Cite Council AGENDA December 2, 2014 A - Draft Minutes 4. Subject: Approve the November 6 City Council minutes Recommended Action: Approve the minutes A - Draft Minutes 5. Subject: Accept Accounts Payable for period 'ending October 24, 2014. Recommended Action: Adopt Resolution No. 14-216 accepting Accounts Payable for the period ending October 24, 2014. A - Draft Resolution B - AP Report 6. Subject: Accept Accounts Payable for period ending October 31, 2014. Recommended Action: Adopt Resolution No. 14-217 accepting Accounts Payable for the period ending October 31, 2014. A - Draft Resolution B - AP Report 7. Subject: Accept Accounts Payable for period ending November 7, 2014. Recommended Action: Adopt Resolution No. 14-218 accepting ACCOLIlItS Payable for period ending November 7, 2014. A - Draft Resolution B - AP Report 8. Subject: Accept Accounts Payable for period ending November 14, 2014. Recommended Action: Adopt Resolution No.14-219 accepting Accounts Payable for the period ending November 14, 2014. A - Draft Resolution B - AP Report 9. Subject: Approval of the First Quarter Financial Report for Fiscal Year 2014-2015 Recommended Action: Accept the City Fiscal Year 2014-2015 Staff Report A - First Quarter Financial Report for FY 2014-15 Manager's First Quarter Financial Report for 10. Subject: Application for Alcoholic Beverage License for Whole Foods Market, 20955 Stevens Creek Boulevard Recommended Action: Recommend approval of application for Alcoholic Beverage License for Whole Foods Market, 20955 Stevens Creek Boulevard Staff Report A - Application CIT)' OF CUPERTIA'O Page 2 City Council AGENDA December 2, 2014 11. Subject: Application for Alcoholic Beverage License for Joy Palace Restaurant, 19066 Stevens Creek Boulevard Recommended Action: Recommend Approval for Alcoholic Beverage License for Joy Palace Restaurant, 19066 Stevens Creek Boulevard Staff Report A - Application SECOND READING OF ORDINANCES - None PUBLIC HEARINGS - None ORDINANCES AND ACTION ITEMS 12. Subject: Receive declaration of election results for the General Municipal Election held on November 4, 2014 Recommended Action: Adopt Resolution No. 14-220 receiving declaration of election results for the General Municipal Election held on November 4, 2014 (The draft resolution and certification of results will be distributed on the dais) 13. Subject: Oath of office to newly -elected Council members 14. Subject: Election of Mayor and Vice Mayor 15. Subject: Oath of office to newly -elected Mayor and Vice Mayor REPORTS BY COUNCIL AND STAFF ADJOURNMENT REGULAR MEETING - 6:45 PM 10350 Torre Avenue, Community Hall Council Chamber PLEDGE OF ALLEGIANCE ROLL CALL CEREMONIAL MATTERS AND PRESENTATIONS - None POSTPONEMENTS ORAL COMMUNICATIONS CITY OF CUPERTINO Page 3 City Council AGENDA December 2, 2014 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 - None 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. SECOND READING OF ORDINANCES 1. Subject: Second Reading and enactment of the Municipal Code Amendment regarding the Protected Tree Ordinance Recommended Action: Conduct the second reading and enact Ordinance No. 14-2126: "An Ordinance of the City Council of the City of Cupertino Amending Chapter 14.18 of the Cupertino Municipal Code relating to Permit thresholds citywide, streamlining the tree removal process for R1, Al, A, RHS, and R2 zones and modifcations for readability" Description: Application No(s): MCA-2013-01 Applicant(s): City of Cupertino Location: citywide Adoption of amendments to Chapter 14.18, Municipal Code to streamline and update the process, and to improve readability/consistency. Staff Report A - Ordinance No 14-2126 B - Amended Chapter 14.18, Protected Trees ( with redlines) . PUBLIC HEARINGS Protected Trees, of the Cupertino tree removal review and approval 2. Subject: General Plan Amendment, 2014-2022 Housing Element, associated Rezoning, Zoning map and text amendments and Specific Plan Amendment, and related actions for enviromnental review to consider citywide amendments to the City's General Plan, including the Housing Element, Heart of the City Specific Plan, Vallco Shopping District, heights, densities, cormnercial, retail, residential allocations, and recommendations on the Housing Element sites, and to rescind all actions taken on these issues during the November 10, 2014 Council meeting. CITYOFCUPERT/NO Page 4 City Council AGENDA December 2, 2014 Recommended Action: A. Rescind all actions taken on November 10, 2014 and consider the issues anew, disregarding prior votes and directions; and B. Conduct a public hearing and take actions on the recommendations of the Planning Commission which recommends that the City Council take the following actions in accordance with the Draft Resolutions (Attachments A - F) with the exceptions noted in Attachment G: 1. Adopt Resolution No. 14-210 for Certification of an Environmental Impact Report, adoption of Findings and a Statement of Overriding Considerations, and adoption of Mitigation Measures and a Mitigation Monitoring and Reporting Program, (EA-2013-03), in substantially similar fonn to the attached Resolution (Attachment A); 2. Adopt Resolution No. 14-211, GPA-2013-01 in substantially similar form to the attached Resolution (Attachment B and as amended by Attachment G), for: a. Draft General Plan (Community Vision 2040); and b. General Plan Map Amendments. 3. Adopt Resolution No. 14-212 to authorize staff to, in substantially similar fonn to the attached Resolution (Attachment C and as amended by Attachment G): a. Forward the Draft 2014-2022 Housing Element ' to the State Department of Housing and Community Development (HCD); and b. Use the prioritized list of Alternative Housing Element sites (in case one or more of the adopted sites are not accepted by HCD as Housing Element sites). 4. Conduct first reading of Ordinance 14-2124, "An Ordinance of the City Council of the City of Cupertino Rezoning Certain Sites in the City for Conformance with the General Plan and Housing Element Zoning Map Amendment," Z-2013-03 (Attachment D and as amended by Attachment G); 5. Conduct first reading of Ordinance 14-2125, "An Ordinance of the City Council of the City of Cupertino amending various Chapters in Title 18 and Title 19, including the amendment of the Density Bonus Ordinance, the addition of a Chapter in Title 19 to implement policies in the General Plan, the addition of a Chapter in Title 13 to improve readability," Municipal Code Amendment, MCA-2014-01 (Attachment E); and 6. Adopt Resolution No. 14-213 approving Specific Plan Amendment, SPA-2014-01, in substantially similar form to the attached Resolution (Attachment F). The Balanced Plan is reflected in Attachments B - F. The Planning Commission's changes to the exhibits to Attachments B D are reflected in Attachment G. These changes are discussed in detail later in this report. CEQA Findings for adoption of the Balanced Plan and Housing Element sites recommended by staff are in Attachment H. Description: Application No.: GPA-2013-01, GPA-2013-02, SPA-2014-01, Z-2013-01 and MCA-2014-01 (EA-2013-03); Applicant: City of Cupertino; Property CITYOF CUPER TINO Page 5 City Council AGENDA December 2, 2014 Location: City-wide Staff Report A - Draft Resolution 14-210. PC Recc CEQA Resolution.pdf B - Draft Resolution 14-211, Adoption of General Plan Amendments.pdf C - Draft Resolution 14-212, Authorization to forward Draft Housing Ele► D - Draft Ordinance 14-2124, Zoning Ainendments.pdf E - Draft Ordinance 14-2125, Municipal Code Amendments Ordinance.p F- Draft Resolution 14-213. Heart of the Citypecific Plan Amendment.p G - Planning Commission Resolutions 6760-6765 H - Alternate CEQA findings - Balanced Plan.pddf I - Housing Commission, Planning Corrunission, City Council prior staff r J - Planning Commission Staff Report 10-14-14 K - Concept Alternative Maps L - Approved Planning Commission Minutes 10-14-14, 10-20-14 M - General Plan and Housing Element errata dated Nov 25 2014.pdf N - Balanced Plan Map.pdf O - Planning Commission Reccornmendation Map.pdf P - Market Study 2-13-14 Q - Retail Strategy Report 3-6-14 R - Housing Commission staff report 8-28-14 S - 2007-2014 Housing Element and Technical Appendix T - Site Priority List with criteria U - Summary of Land Use Map, Zoning Map and Muni Code Amendrnen V - Zoning Text Amendments with Redlines W - Specific Plan Amendments with Redlines X - PC Study Session Staff report 9-9-14 Y - CC Study Session staff report 10-7-14 Z - Draft EIR 6-18-14 AA - Responses to Comments 8-28-14 BB - Supplemental Text Revisions Memo 11-3-14 CC - Updated Late Comments memo dated Nov 22 2014.pdf DD - ERC recommendation EE - Public Comments related to the General Plan and Housing Element FF - Surnrnary of comments from Nov 10 2014 City Council meeting.pdf GG - Applicability of SB 50.pdf HH - Summary of questions and comments from Nov 20 2014 communitti ORDINANCES AND ACTION ITEMS - None REPORTS BY COUNCIL AND STAFF ADJOURNMENT CITY OF CUPERTINO Page 6 City Council AGENDA December 2, 2014 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.ciipertiiio.org/index.aspx?page=J25 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 firom 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 firont 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 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 coninzent portion of the meeting following the same procedure described above. Please limit your COInments to three (3) minutes or less. CIT}'OFCUPERTIA'O Pere 7 THE CITY COUNCIL AND STAFF CITY COUNCIL Cupertino is a General Law city organized under and subject to statutes of the State of California. It is governed by the five -member City Council with the Mayor as the presiding officer. City Council members are elected at -large to four-year, overlapping terms. Each November a mayor and a vice -mayor are selected by the City Council for a one-year term. The City Council receives advice and assistance from nine commissions, which are appointed by the Council. These are the Bicycle Pedestrian Commission, Fine Arts Commission, Cupertino Housing Commission, Library Commission, Parks and Recreation Commission, Planning Commission, Public Safety Commission, Teen Commission, and the Technology, Information, and Communications Commission. Council members also serve on a variety of regional bodies, including: Association of Bay Area Governments League of California Cities Santa Clara County (SCC) Cities Association SCC Emergency Preparedness Council SCC Library District SCC Emergency Preparedness Commission Santa Clara Valley Water Commission and Water District SCC Transportation Authority West Valley Mayors and Managers STAFF The City Manager and the City Attorney are appointed by the Council. The City Manager is responsible for interpreting and carrying out Council policies and direction, and as the chief administrative officer, the City Manager coordinates the: many activities of the city and appoints the professional and technical staff. The City Attorney is the advisor to the City Council as a whole. } f 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 i Gilbert Wong GWong@cupertino.org (408) 777-3191 Rod Sinks RSinks@cupertino.org (408) 777-3194 Barry Chang BChang@cupertino.org (408) 777-3192 Orrin Mahoney OMahoney@cupertino.org (408) 777-3195 Mark Santoro MSantoro@cupertino.org (408) 777-3193 r 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 2 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. s: Thursday (replay) 7:00 p.m. Saturday (replay) 9:00 a.m. T' 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, 1670AM, for meeting announcements, public service messages, and emergency r: 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 t• 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 OFFICE OF THE CITY CLERK CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3223 • FAX: (408) 777-3366 CUPERTINO CITY COUNCIL, NOTICE OF ADJOURNMENT NOTICE IS HEREBY GIVEN that the regular meeting of the Cupertino City Council held on Tuesday, May 20 was adjourned to Tuesday, May 27 at 3:30 p.m. for the purpose of conducting Teen Commission interviews, Cupertino City Hall Conference Room A, 10300 Torre Avenue. Dated this 21s' day of May, 2014 t Kirsten Squarcia Deputy City Clerk STATE OF CALIFORNIA ) SS. COUNTY OF SANTA CLARA ) I,Lr � -�4y+�-^o AN EMPLOYEE O THE CITY OF CUPERTINO D EPART= MENT, STATE UNDER PENALT OF PERJURY THAT ON (DATE) j-/ 1Z y (TIME) 3: n o joj , I PERSONAL TI Y POSTED THE NOTICEE%V GENDA ON '1.11 E BULLETIN BOARD ,T CITY H-' -L. DATE OFFICE OF THE CITY CLERK CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3223 • FAX: (408) 777-3366 CUPERTINO CITY COUNCIL NOTICE OF ADJOURNMENT NOTICE IS HEREBY GIVEN that the Special Meeting of the Cupertino City Council held on December 16, 2014 was adjourned to January 21, 2015 at 6:45 p.m. for 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. The public comment portion of the Study Session is closed. The meeting will be held in Cupertino Community Hall Council Chamber, 10350 Torre Avenue. Dated this 17th day of December, 2014 9WIWN'DIS 91VQ 21-11 NO VC1N30V/3D110N UH.L GAI,SOd jA11 OS21Ad (% —� .I.VG) NO ,I.VH A21f if �l-qd JO AKIV 9d -dA- (Nf1 31V S ` NL J;%\d M Vd1 O Y — ONIl2iAdPQ 1O J. �-1� '11 .I O Vic_ +�f-IrTl� l NV i �f Grace Schmidt City Clerk CUPERTINO CALL FOR A SPECIAL MEETING OF THE CUPERTINO CITY COUNCIL NOTICE IS HEREBY GIVEN that a special meeting of the Cupertino City Council is hereby called for Wednesday, December 17, 2014, commencing at 6:45 p.m. in Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, California. Said special meeting shall be for the purpose of the following subject matters: Postponements Oral Communications 1. Subject: Announce election results for the General Municipal Election held on November 4, 2014 2. Subject: Council members and audience members are invited to say farewell to Council members Orrin Mahoney and Mark Santoro. Please keep comments very brief 3. Subject: Oath of Office is given to newly -elected Council members Barry Chang, Savita Vaidhyanathan, and Darcy Paul 4. Subject: Recognize Mayor and Vice Mayor 5. Subject: Oath of Office is given to the new Mayor and Vice Mayor 6. Subject: Comments by. Council members and new Mayor 7. Subject: Members of the audience are invited to speak..Please keep comments very brief 8. Subject: The public is invited to attend the reception in the lobby Members of the public will have the opportunity to directly address the City Council before or during consideration of any item described in this notice. Grace Schmidt Cii`S W k X,LIO `W (I2IVOEI NL g-1 Iflg �1I41 NO VQNaJV/HDIJ ! T 9I-11 CJAJ,SOd "I T SNI ld I 7 (9JV Q) NO Z I X-dflf-IAd 140 A ZVN'Jd 2d'3GNf1 IVIS `1h��liI -?,,2IVd9Q — ON1J,N3dfi0 d0 J_I7 �I dO g3lko-fd—IN� &V �I ( �-�NT4�d/T'��JnJ ,ss VINUOdI'IVD do 21V.I,S CUPERTINO AGENDA OF THE CITY COUNCIL WEDNESDAY, DECEMBER 17, 2014 Special Meeting 6:45 PM Savita Vaidhyanathan Rod Sinks Mayor Gilbert Wong Council Member Council Member Carol Korade City Attorney David Brandt • City Manager Staff , ,,- 0 • Staff/ F*-1 Speaker's Podium Barry Chang Vice Mayor Darcy Paul L Council Member -Grace Schmidt City Clerk COMMUNITY HALL COUNCIL CHAMBER 10350 Tone Avenue, Cupertino, California 95014 (408) 777-3200 (City Hall) tN�-w.cupertino.org Staff Staff CONDUCT OF BUSINESS The Mayor is the presiding officer of the City Council. Any member of the public may speak on any item on the agenda for up to three minutes. All statements and questions must be addressed to the Mayor. City Council hearings serve as a venue for the discussion of sometimes divergent points of view. Please respect the opinions of others and refrain from outward expressions of emotions such as cheering or clapping. Such behavior delays the meeting and may intimidate other persons wishing to express alternate views. Loud, unruly outbursts will result in removal from the meeting. The proceedings of the meeting are recorded on audiotape and videotape; therefore, members of the audience who address the City Council must come to the lectern/microphone, and are requested to complete a Speaker Card and identify themselves. FLOWCHART FOR AGENDA ITEMS: Mayor introduces agenda item 1 Staff reports and makes recommendation 1 I 1A.7 Mayor invites members o the public to speak about the agenda item 1 closes the 7Mayor hearing 1 City Council votes on the agenda it Council members report any site visits or outside communications Council members ask questions Council members ask questions Speakers submit a Request to Speak card, and are allowed up to 3 minutes per individual, 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 seekingjudicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City's decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's office for more information or go to www. http://www.cupertino.org/index.aspx?pa ge=125 for a reconsideration petition form. CITY OF CUPERTINO CUPERTINO CITY COUNCIL 10350 Torre Avenue, Council Chamber Wednesday, December 17, 2014 6:45 PM SPECIAL MEETING - 6:45 PM 10350 Torre Avenue, Community Hall Council Chamber PLEDGE OF ALLEGIANCE ROLL CALL 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. ELECTION RESULTS 1. Subject: Announce election results for the General Municipal Election held on November 4, 2014 RECOGNITION OF OUTGOING COUNCIL MEMBERS 2. Subject: Council members and audience members are invited to say farewell to Council members Orrin Mahoney and Mark Santoro. Please keep comments very brief OATH OF OFFICE 3. Subject: Oath of Office is given to newly -elected Council members Barry Chang, Savita Vaidhyanathan, and Darcy Paul MAYOR AND VICE MAYOR 4. Subject: Recognize Mayor and Vice Mayor CITY OF CUPERTINO Page I City Council AGENDA December 17, 201-4 OATH OF OFFICE 5. Subject: Oath of Office is given to the new Mayor and Vice Mayor COUNCIL COMMENTS 6. Subject: Comments by Council members and new Mayor PUBLIC COMMENTS 7. Subject: Members of the audience are invited to speak. Please keep comments very brief ADJOURNMENT S. Subject: The public is invited to attend the reception in the lobby CITYOFCUPERTINO Page 2 City Council AGENDA December 17, 2014 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.cuperti,no.orglindex.aspx?page=125 for a reconsideration petition form. In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend the next City Council meeting who is visually or hearing impaired or has any disability that needs special assistance should call the City Clerk's Office at 408-777-3223, 48 hours in advance of the Council meeting to arrange for assistance. Upon request, in advance, by a person with a disability, City Council meeting agendas and writings distributed for the meeting that are public records will be made available in the appropriate alternative format. Also upon request, in advance, an assistive listening device can be made available for use during the meeting. Any writings or documents provided to a majority of the Cupertino City Council after publication of the packet will be made available for public inspection in the City Clerk's Office located at City Hall, 10300 Torre Avenue, during normal business hours and in Council packet archives linked from the agenda/minutes page on the Cupertino web site. Members of the public are entitled to address the City Council concerning any item that is described in the notice or agenda for this meeting, before or during consideration of that item. If you wish to address the Council on any issue that is on this agenda, please complete a speaker request card located in 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 meeting following the same procedure described above. Please limit your comments to three (3) minutes or less. CITY OF CUPERTINO Page 3 THE CITY COUNCIL AND STAFF CITY COUNCIL Cupertino is a General Law city organized under and subject to statutes of the State of California. It is governed by the five -member City Council with the Mayor as the presiding officer. City Council members are elected at -large to four-year, overlapping terms. Each November a mayor and a vice -mayor are selected by the City Council for a one- 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 Priorto seekingjudicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City's decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's office for more information or go to www. http://www.cupertino.org/index.aspx?page=125 for a reconsideration petition form. COMMUNICATING WITH COUNCIL All Council members: citycouncil@cupertino.org Rod Sinks RSinks@cupertino.org (408) 777-3194 Barry Chang BChang@cupertino.org (408) 777-3192 Darcy Paul DPaul@cupertino.org (408) 777-3193 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 I 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. _ _..........._._.__........................ ........................................ f 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 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, December 16, 2014, commencing at 3:00 p.m. in Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, California. Said special meeting shall be for the purpose of the following subject matters: Study session for Stevens Creek Boulevard to McClellan Road Creek Corridor. Master Plan on recommended alternatives to proceed with an EIR (3:00 PM). Members of the public will have the opportunity to directly address the City Council before or during consideration of this item. Conference with Legal Counsel - Initiation of Litigation pursuant to subdivision (c) of Section 54956.9: Two Cases (following study session). Members of the public will have the opportunity to directly address the City Council before consideration of this item. The regular meeting items will be heard at 6:45 p.m. in Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, California. Dated: Grace Schmidt City Clerk STATE OF CALIFORNIA ) ) SS. COUNTY OF SANTA CLARA ) I, K1 rS-Ce-K S'-E�y o rcic' , AN EMPLOYEE OF THE CITY OF CUPERTINO CAe-✓" L DEPART- MENT, STATE UNDER PENALTY OF PERJURY THAT ON (DATE) 12- k o (14 (TIME) 9:(S ('Nt I PERSONALLY POSTED THE NOTICE/AGENDA ON THE BULLETIN BOARD AT CITY HALL. DATE SIG TURF AGENDA OF THE CITY COUNCIL Amended TUESDAY, DECEMBER 16, 2014 Special Meeting 3:00 PM Regular Meeting 6:45 PM Rod Sinks Savita Vaidhyanathan Mayor Gilbert Wong Council Member Council Member Carol Korade City Attorney David Brandt ® 0 0 City Manager Staff Staff F401 Speaker's Podium Barry Chang Vice Mayor Darcy Paul Council Member -Z-- / Grace Schmidt ,City Clerk ® Staff Staff O COMMUNITY HALL COUNCIL CHAMBER 10350 Tone Avenue, Cupertino, California 95014 (408) 777-3200 (City Hall) www_cupertino.org CONDUCT OF BUSINESS The Mayor is the presiding officer of the City Council. Any member of the public may speak on any item on the agenda for up to three minutes. All statements and questions must be addressed to the Mayor. City Council hearings serve as a venue for the discussion of sometimes divergent points of view. Please respect the opinions of others and refrain from outward expressions of emotions such as cheering or clapping. Such behavior delays the meeting and may intimidate other persons wishing to express alternate views. Loud, unruly outbursts will result in removal from the meeting. The proceedings of the meeting are recorded on audiotape and videotape; therefore, members of the audience who address the City Council must come to the lectern/microphone, and are requested to complete a Speaker Card and identify themselves. FLOWCHART FOR AGENDA ITEMS: Mayor introduces agenda item 1 Staff reports and makes recommendation 1 Applicant makes presentation 7 (up to 10 mins.) 1 Mayor invites members o the public to speak about the agenda item 1 Mayor closes the hearing i 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.ors, 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 lu.-] AGENDA C U P E RT [ N O CITY COUNCIL 10350 Torre Avenue, Council Chamber Tuesday, December 16, 2014 3:00 PM AMENDED Amended on 12/11/14 to renumber the Regular Meeting agenda items Amended on 12/11/14 to replace the word "postpone" with the word "continue" under Postponements and Item #13 SPECIAL MEETING - 3:00 PM 10350 Torre Avenue, Community Hall Council Chamber ROLL CALL STUDY SESSION 1. Subject: Study session for Stevens Creek Boulevard to McClellan Road Creek Corridor Master Plan on recommended alternatives to proceed with an EIR Recommended Action: Schedule Study Session for Stevens Creek Boulevard to McClellan Road Creek Corridor Master Plan -on recommended alternatives to proceed with an EIR Staff Report.doe A - Option A.pdf B - Option A site plan.pdf C - Option B.pdf D - Option B site plan.pdf E - Option C.pdf F - Option C site plan.pdf G - Exist Conditions Site Map.pdf H - DemomRee Trends.pdf I - Order.o£Mamitude Costs Final.pdf J - Existing Transp Conditions.pdf K - Golf Course Draft Report.pdf L - Public Input Nov -Dec Summary.pdf STATE OF CALIFORNIA ) SS. CO NTY OF SANTA CLARA ) AN EMPLOYEE OF THE CITY OF CUPERTINO C-1 e-v' kc- DEPART- MENT STATE UNDER PENALTY OF PERJURY THAT ON (DATE) ( ( Ic 114 (TIME) 5- o S- eM , I PERSONALLY POSTED THE NOTICE/AGENDA ON T11E BULLETIN BOARD AT CITY HALL. 12- I Y ~ DALE SIG ),,-ViURE CITP OF CUPERTINO Page I City Council AGENDA December 16, 2014 CLOSED SESSION - Following study session 2. Subject: Conference with Legal Counsel - Initiation of Litigation pursuant to subdivision (c) of Section 54956.9: Two Cases REGULAR MEETING - 6:45 PM 10350 Torre Avenue, Community Hall Council Chamber PLEDGE OF ALLEGIANCE ROLL CALL CEREMONIAL MATTERS AND PRESENTATIONS 1. Subject: Fine Arts .Commission annual update Recommended Action: Receive the update POSTPONEMENTS Continue Item #13 Appeal of a Planning Commission approval of a personal 1147-eless service facility at Cupertino High School to January 20, 2015 ORAL COMMUNICATIONS This portion of the meeting is reserved for persons ivishing to address the council on any matter not on the agenda. Speakers are limited to three (3) minutes. In most cases, State laiv will prohibit the council from making any decisions with respect to a matter not listed on the agenda. CONSENT CALENDAR Unless there are separate discussions and/or actions requested by council, staff or a member of the public, it is requested that items under the Consent Calendar be acted on simultaneously. 2. Subject: Approve the November 10 City Council minutes Recommended Action: Approve the minutes A - Draft Minutes 3. Subject: Accept Accounts Payable for period ending November 21, 2014 Recommended Action: Adopt Resolution No. 14-221 accepting Accounts Payable for the period ending November 21, 2014 CITY OF CUPER TWO Page 2 City Council AGENDA December 16, 2014 A - Draft Resolution B - AP Report 4. Subject: Accept the City Financial Reports for Fiscal Year Ending June 30, 2014 Recommended Action: Accept the reports Staff Report A - FY2013-14 Comprehensive Annual Financial Report B - Memorandum on Internal Control and Required Communications C - Independant Accountant's Report on Applying Agreed -Upon Procedui D - Draft Resolution 5. Subject: Cancel the second meeting in February (17th) Recommended Action: Cancel the meeting Staff Report 6. Subject: Approve the destruction of records from the City Manager, Human Resources, Public Works, and Recreation & Community Services departments Recommended Action: Adopt Resolution No. 14-222 approving the destruction of records from the City Manager, Human Resources, Public Works, and Recreation & Community Services departments Staff Report A - Draft Resolution B - Approved Reso. No. 13-094 7. Subtect: Declare weeds a nuisance and set hearing date of January 20 for objections to proposed removal Recommended Action: Adopt Resolution No. 14-223 declaring weeds a nuisance and setting hearing date of January 20 for objections to proposed removal Staff Report A - Draft Resolution 8. Subject: Accept resignation of Parks and Recreation Conunissioner Darcy Paul and termination of Fine Arts Conunissioner Russell Leong and direct staff to fill the unscheduled vacancies Recommended Action: Accept resignation of Parks and Recreation Commissioner Darcy Paul and termination of Fine Arts Commissioner Russell Leong and fill the unscheduled vacancies from applicants being interviewed in January 2015 Staff Report A - Darcy Paul resignation letter B -Russell Leon_ termination letter 9. Subject: Application for Alcoholic Beverage License for Homestead Bowl, 20990 Homestead Road CITI' OF CUPERTIA'O Page 3 City Council AGENDA December 16, 2014 10. 11. Recommended Action: Recommend Approval of the Application for Alcoholic Beverage License for Homestead Bowl, 20990 Homestead Road Staff Report A - Application Subject: A resolution approving a parcel leap for the Apple Campus 2 property in the Vallco Park North area that subdivides approximately 173.6 acres into five parcels Recommended Action: Adopt Resolution No. Apple Campus 2 properrty in the Vallco approximately 173.6 acres into five parcels Staff Report A - Draft Resolution B - Parcel Map 14-224 approving a parcel map for the Park North area that subdivides Subject: Quinlan Community Center Interior Upgrade Project, No. 2010-9255 Recommended Action: Authorize the City Manager to award a contract Industries, Inc. of Scotts Valley, CA in the amount of $288,242; and construction contingency of $57,648 (20%) for a total of $345,890 Staff Report A - Draft Contract SECOND READING OF ORDINANCES to CRW approve a 12. Subject: Conduct Second Reading and Enact Amendments to the Zoning Map and Municipal Code to conform to the General Plan and Housing Element Amendments, as well as text changes to Chapters in Title 18 and Title 19, of the Municipal Code regarding zoning, density bonuses, below -market rate housing, and the addition of Chapter 13 (Parkland Dedication Fee) and other clean-up to comply with state law, consistency and to improve readability. Recommended Action: Conduct the second reading and enact the following: 1. Ordinance No. 14-2124, "An Ordinance of the City Council of the City of Cupertino Rezoning Certain Sites in the City for conformance with the General Plan and Housing Element," Zoning Map Amendment, Z-2013-03; and 2. Ordinance No. 14-2125, "An Ordinance ' of the City Council of the City of Cupertino amending various Chapters in Title 18 and Title 19, including the amendment of the Density Bonus Ordinance, the addition of a Chapter in Title 19 to implement policies in the General Plan, the addition of a Chapter in Title 13 to improve readability," Municipal Code Amendment, MCA-2014-01. Description: Application No(s): Z-2013-01, MCA-2014-01; Applicant(s): City of Cupertino; Location: citywide CITY OF CUPERT/NO Page 4 City Council AGENDA December 16, 2014 Staff Report A - Ordinance No. 14-2124 B - Ordinance No. 14-2125 C - Summary of Amendments D - Redline Chanters 19.80 and 19.144 PUBLIC HEARINGS 13. Subject: Appeal of a Plamling Cominission approval of a personal wireless service facility at Cupertino High School Recommended Action: Continue the hearing date to January 20, 2015 ORDINANCES AND ACTION ITEMS 14. Subject: Council committee assignments Recommended Action: Approve assignments 15. Subject: Follow -Up to November 6, 2014 Community Workshop on Traffic Safety around Schools Recommended Action: Receive presentation on a summary of comments and suggestions received at the November 6, 2014 Community Workshop and provide direction on any mid -year budget proposals or amendments to the municipal code. Direct staff to move forward on the following four actions: Prepare a mid -year budget proposal for the installation of green bike lanes at various key locations in the tri-school area (Kennedy Middle School, Lincoln Elementary, and Morita Vista High) and near Cupertino High School; Bring to Council an. ordinance for consideration to prohibit trucks in school zones except on major collector or arterial streets; Work with the Cupertino Union School District, Fremont Union High School District and the Santa Clara County Sheriff's Office to engage a mobility consultant to make recommendations and prioritize bicycle and pedestrian education and encouragement programs, safety improvements, and enforcement strategies; Work with Recology on a pilot program to adjust trash/recycling/yard waste haul routes and schedules to reduce conflicts between carts and bike lanes; Continue to work with the Valley Transportation Authority (VTA) and the school districts on possible bus solutions to reduce school traffic congestion. Staff Report A - Conunents B - Initiatives C - Traffic Safety FAOs D - Letter to VTA CITYOFCUPERTINO Page 5 City Council AGENDA December 16, 2014 REPORTS BY COUNCIL AND STAFF 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 adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration ivithin 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=12S 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 recognise you. If you wish to address the City Council on any other items 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 continents 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 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. POW I 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 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, December 16, 2014, commencing at 3:00 p.m. in Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, California. Said special meeting shall be for the purpose of the following subject matters: Study session for Stevens Creek Boulevard to McClellan Road Creek Corridor Master Plan on recommended alternatives to proceed with an EIR (3:00 PM). Members of the public will have the opportunity to directly address the City Council before or during consideration of this item. Conference with Legal Counsel - Initiation of Litigation pursuant to subdivision (c) of Section 54956.9: Two Cases (following study session). Members of the public will have the opportunity to directly address the City Council before consideration of this item. The regular meeting items will be heard at 6:45 p.m. in Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, California. Dated: Grace Schmidt City Clerk STATE OF CALIFORNIA ) COUNTY OF SANTA CLARA )SS. I, h S ) EMPLOYEE OO THE CITY OF CUPERTINO e.- 1. DEPART- MENT STATE UNDER PENALTY OF PERJURY THAT ON (DATE) 12 l i o /l y (TIME) 9 : / S /" T PERSONALLY POSTED THE NOTICE/AGENDA ON THE BULLETIN BOARD AT CITY HALL. 24-ILO DATE SIGN �URE� CONDUCT OF BUSINESS PUBLIC HEARINGS The Mayor is the presiding officer of the City Council. Any member of the The City Council is required by law to public may speak on any item on the agenda for up to three minutes. All hold public hearings on certain matters statements and questions must be addressed to the Mayor. prior to making its decision. Notice to interested parties is given by legal City Council hearings serve as a venue for the discussion of sometimes advertisement in the local newspaper of divergent points of view. Please respect the opinions of others and general circulation at least 10 calendar refrain from outward expressions of emotions such as cheering or days preceding the hearing date. clapping. Such behavior delays the meeting and may intimidate other Applications requiring public hearings persons wishing to express alternate views. Loud, unruly outbursts will result in removal from the meeting. include change of zoning, variances, use permits, and tentative maps. The proceedings of the meeting are recorded on audiotape and videotape; therefore, members of the audience who address the City COUNCIL MEETINGS Council must come The City Council regularly meets the first to the lectern/microphone, and are requested to complete a Speaker and third Tuesdays of each month. These Card and identify themselves. 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, FLOWCHART FOR AGENDA ITEMS: purchase, or lease of property. Actions taken in closed sessions are not final until Mayor introduces Council members report any site acted upon in public session. agenda item � visits or outside communications Urgent business , holidays, or election days may trigger special or adjourned Staff reports and makes Council members ask questions meetings. These meetings will be recommendation noticed beforehand. AGENDAS, MINUTES, AND PACKETS AVAILABLE ON THE WEB Applicant Council members ask questions Agendas, minutes, and packets for makes current and prior City Council and presentation - p y (up to 10 mins.) Planning Commission meetings are available at www.cupertino.org, or you can purchase the items on CD. Mayor invites members o Speakers submit a Request to Speak card, and are allowed up CITY COUNCIL DECISION IS FINAL the public to speak about p the agenda item to 3 minutes per individual, or up Prior to seeking judicial review of any to 10 minutes per group. Council adjudicatory (quasi-judicial) decision, members may ask questions of interested persons must file a petition for speakers. reconsideration within ten calendar days Mayor closes the of the date the City Clerk mails notice of hearing the City's decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's A Council member makes a motion office for more information or go to and obtains a second. www• City Council http://www.cupertino.org/index.aspx?pa votes on the The City Council then discusses the ge=125 for a reconsideration petition agenda item motion(s) and votes. form. CITY OF CUPERTINO AGENDA C U P E RT I N O CITY COUNCIL 10350 Torre Avenue, Council Chamber Tuesday, December 16, 2014 3:00 PM AMENDED Amended on 12/11/14 to renumber the Regular Meeting agenda items SPECIAL MEETING - 3:00 PM 10350 Torre Avenue, Community Hall Council Chamber ROLL CALL STUDY SESSION 1. Subject: Study session for Stevens Creek Boulevard to McClellan Road Creek Corridor Master Plan on recommended alternatives to proceed with an EIR Recommended Action: Schedule Study Session for Stevens Creek Boulevard to McClellan Road Creek Corridor Master Plan on recommended alternatives to proceed with an EIR Staff Re op rt.doc A - Option A.pdf B - Option A site plan.pdf C - Option B.pdf D - Option B site plan.pdf E - Option C.pdf F - Option C site plan.pdf G - Exist Conditions Site Map.pdf H -Demo Rec Trends.pdf I - Order.o£Magnitude Costs Final.pdf J - Existing Transp Conditions.pdf K - Golf Course Draft Report.pddf L -Public Input Nov -Dec SummM.pdf CLOSED SESSION - Following study session 2. Subject: Conference with Legal Counsel - Initiation of Litigation pursuant to subdivision (c) of Section 54956.9: Two Cases CITY OF CUPERTINO Page 1 City Council AGENDA December 16, 2014 Ts `� REGULAR MEETING - 6:45 PM 10350 Torre Avenue, Community Hall Council Chamber PLEDGE OF ALLEGIANCE ROLL CALL CEREMONIAL MATTERS AND PRESENTATIONS 1. Subject: Fine Arts Commission annual update Recommended Action: Receive the update POSTPONEMENTS Postpone Item #13 Appeal of a Planning Commission approval of a personal wireless service facility at Cupertino High School to January 20, 2015 ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the council on any matter not on the agenda. Speakers are limited to three (3) minutes. In most cases, State law will prohibit the council from making any decisions with respect to a matter not listed on the agenda. CONSENT CALENDAR Unless there are separate discussions and/or actions requested by council, staff or a member of the public, it is requested that items under the Consent Calendar be acted on simultaneously. 2. Subject: Approve the November 10 City Council minutes Recommended Action: Approve the minutes A - Draft Minutes 3. Subject: Accept Accounts Payable for period ending November 21, 2014 Recommended Action: Adopt Resolution No. 14-221 accepting Accounts Payable for the period ending November 21, 2014 A - Draft Resolution B - AP Report 4. Subject: Accept the City Financial Reports for Fiscal Year Ending June 30, 2014 Recommended Action: Accept the reports CITY OF CUPERTINO Page 2 City Council AGENDA December 16, 2014 Staff Report A.- FY2013-14 Comprehensive Annual Financial Report B - Memorandum on Internal Control and Required Communications C - Independant Accountant's Report on Applying A ear ed-Upon Procedui D - Draft Resolution 5. Subject: Cancel the second meeting in February (17th) Recommended Action: Cancel the meeting Staff Report 6. Subject: Approve the destruction of records from the City Manager, Human Resources, Public Works, and Recreation & Community Services departments Recommended Action: Adopt Resolution No. 14-222 approving the destruction of records from the City Manager, Human Resources, Public Works, and Recreation & Community Services departments Staff Re o�rt A - Draft Resolution B - Approved Reso. No. 13-094 7. Subject: Declare weeds a nuisance and set hearing date of January 20 for objections to proposed removal Recommended Action: Adopt Resolution No. 14-223 declaring weeds a nuisance and setting hearing date of January 20 for objections to proposed removal Staff Report A - Draft Resolution 8. Subject: Accept resignation of Parks and Recreation Commissioner Darcy Paul and termination of Fine Arts Commissioner Russell Leong and direct staff to fill the unscheduled vacancies Recommended Action: Accept resignation of Parks and Recreation Commissioner Darcy Paul and termination of Fine Arts Commissioner Russell Leong and fill the unscheduled vacancies from applicants being interviewed in January 2015 Staff Report A - Darcy Paul resignation letter B - Russell Leong termination letter 9. Subject: Application for, Alcoholic Beverage License for Homestead Bowl, 20990 Homestead Road Recommended Action: Recommend Approval of the Application for Alcoholic Beverage License for Homestead Bowl, 20990 Homestead Road Staff Report AApplication 10. Subject: A resolution approving a parcel map for the Apple Campus 2 property in CITY OF CUPERTINO Page 3 City Council AGENDA December 16, 2014 the Vallco Park North area that subdivides parcels Recommended Action: Adopt Resolution No. Apple Campus 2 property in the Vallco approximately 173.6 acres into five parcels Staff Report A - Draft Resolution B - Parcel Map approximately 173.6 acres into five 14-224 approving a parcel map for the Park North area that subdivides 11. Subject: Quinlan Community Center Interior Upgrade Project, No. 2010-9255 Recommended Action: Authorize the City Manager to award a contract to CRW Industries, Inc. of Scotts Valley, CA in the amount of $288,242; and approve a construction contingency of $57,648 (20%) for a total of $345,890 Staff Report A - Draft Contract SECOND READING OF ORDINANCES 12. Subject: Conduct Second Reading and Enact Amendments to the Zoning Map and Municipal Code to conform to the General Plan and Housing Element Amendments, as well as text changes to Chapters in Title 18 and Title 19, of the Municipal Code regarding zoning, density bonuses, below -market rate housing, and the addition of Chapter 13 (Parkland Dedication Fee) and other clean-up to comply with state law, consistency and to improve readability. Recommended Action: Conduct the second reading and enact the following: 1. Ordinance No. 14-2124, "An Ordinance of the City Council of the City of Cupertino Rezoning Certain Sites in the City for conformance with the General Plan and Housing Element," Zoning Map Amendment, Z-2013-03; and 2. Ordinance No. 14-2125, "An Ordinance of the City Council of the City of Cupertino amending various Chapters in Title 18 and Title 19, including the amendment of the Density Bonus Ordinance, the addition of a Chapter in Title 19 to implement policies in the General Plan, the addition of a Chapter in Title 13 to improve readability," Municipal Code Amendment, MCA-2014-01. Description: Application No(s): Z-2013-01, MCA-2014-01; Applicant(s): City of Cupertino; Location: citywide Staff Report A - Ordinance No. 14-2124 B - Ordinance No. 14-2125 C - Summary of Amendments D - Redline Chapters 19.80 and 19.144 PUBLIC HEARINGS CITY OF CUPERTINO Page 4 City Council AGENDA December 16, 2014 13. Subject: Appeal of a Planning Commission approval of a personal wireless service facility at Cupertino High School Recommended Action: Postpone the hearing date to January 20, 2015 ORDINANCES AND ACTION ITEMS 14. Subject: Council committee assignments Recommended Action: Approve assignments 15. Subject: Follow -Up to November 6, 2014 Community Workshop on Traffic Safety around Schools Recommended Action: Receive presentation on a summary of comments and suggestions received at the November 6, 2014 Community Workshop and provide direction on any mid -year budget proposals or amendments to the municipal code. Direct staff to move forward on the following four actions: Prepare a mid -year budget proposal for the installation of green bike lanes at various key locations in the tri-school area (Kennedy Middle School, Lincoln Elementary, and Monta Vista High) and near Cupertino High School; Bring to Council an ordinance for consideration to prohibit trucks in school zones except on major collector or arterial streets; • Work with the Cupertino Union School District, Fremont Union High School District and the Santa Clara County Sheriff's Office to engage a mobility consultant to make recommendations and prioritize bicycle and pedestrian education and encouragement programs, safety improvements, and enforcement strategies; Work with Recology on a pilot program to adjust trash/recycling/yard waste haul routes and schedules to reduce conflicts between carts and bike lanes; Continue to work with the Valley Transportation Authority (VTA) and the school districts on possible bus solutions to reduce school traffic congestion. Staff Rem A - Comments B - Initiatives C - Traffic Safety FAQs D - Letter to VTA REPORTS BY COUNCIL AND STAFF ADJOURNMENT CITY OF CUPERTINO Page 5 City Council AGENDA December 16, 2014 The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6; litigation challenging a final decision of the City Council must be brought within 90 days after a decision is announced unless a shorter time is required by State or Federal law. Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City's decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's office for more information or go to http://Www.cupertino.orglindex.aspx?page=125 for a reconsideration petition form. In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend the next City Council meeting who is visually or hearing impaired or has any disability that needs special assistance should call the City Clerk's Office at 408-777-3223, 48 hours in advance of the Council meeting to arrange for assistance. Upon request, in advance, by a person with a disability, City Council meeting agendas and writings distributed for the meeting that are public records will be made available in the appropriate alternative format. Also upon request, in advance, an assistive listening device can be made available for use during the meeting. Any writings or documents provided to a majority of the Cupertino City Council after publication of the packet will be made available for public inspection in the City Clerk's Office located at City Hall, 10300 Torre Avenue, during normal business hours and in Council packet archives linked from the agenda/minutes page on the Cupertino web site. Members of the public are entitled to address the City Council concerning any item that is described in the notice or agenda for this meeting, before or during consideration of that item. If you wish to address the Council on any issue that is on this agenda, please complete a speaker request card located in front of the Council, and deliver it to the Clerk prior to discussion of the item. When you are called, proceed to the podium and the Mayor will recognize you. If you wish to address the City Council on any other item not on the agenda, you may do so by during the public comment portion of the meeting following the same procedure described above. Please limit your comments to three (3) minutes or less. CITY OF CUPERTINO Page 6 THE CITY COUNCIL AND STAFF CITY COUNCIL Cupertino is a General Law city organized under and subject to statutes of the State of California. It is governed by the five -member City Council with the Mayor as the presiding officer. City Council members are elected at -large to four-year, overlapping terms. Each November a mayor and a vice -mayor are selected by the City Council for a one- 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 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.cupertin.o.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 t 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 s Sanitary Sewers Cupertino Sanitary District (408) 253-7071 Water San Jose Water (408) 279-7900 California Water (650) 917-0152 WON ti: 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, December 16, 2014, commencing at 3:00 p.m. in Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, California. Said special meeting shall be for the purpose of the following subject matters: Study session for Stevens Creek Boulevard to McClellan Road Creek Corridor.Master Plan on recommended alternatives to proceed with an EIR (3:00 PM). Members of the public will have the opportunity to directly address the City Council before or during consideration of this item. Conference with Legal Counsel - Initiation of Litigation pursuant to subdivision (c) of Section 54956.9: Two Cases (following study session). Members of the public will have the opportunity to directly address the City Council before consideration of this item. The regular meeting items will be heard at 6:45 p.m. in Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, California. Dated: Grace Schmidt City Clerk STATE OF CALIFORNIA SS. CO NTXOF SANTA CLARA ) I, t CS v , AN EMPLOYEE OF HE CITY OF CUPERTINO L( C414- DEPART- MENT, STATE UDDER PEN LTY OF PERJURY THAT ON (DATE) ( 21 o LL( _ (TI ,JE) :IS PM , I PERSONALLY POSTED THE NOTICE/AGE NDA ON THE BULLETIN BOARD AT CITY HALL. v fofm DATE S11ts AI URE AGENDA OF THE CITY COUNCIL TUESDAY, DECEMBER 16, 2014 Special Meeting 3:00 PM Regular Meeting 6:45 PM Rod Sinks Savita Vaidhyanathan Mayor Gilbert Wong Council Member y Council Member Carol Korade City Attorney David Brandt • • • City Manager • Staff • • Staff • F401 Speaker's Podium Barry Chang Vice Mayor Darcy Paul Council Member Grace Schmidt City Clerk • Staff • Staff • COMMUNITY HALL COUNCIL CHAMBER 10350 Torre Avenue, Cupertino, California 95014 (408) 777-3200 (City Hall) w,,vw.cupertino.org CONDUCT OF BUSINESS PUBLIC HEARINGS The Mayor is the presiding officer of the City Council. Any member of the The City Council is required by law to public may speak on any item on the agenda for up to three minutes. All hold public hearings on certain matters statements and questions must be addressed to the Mayor. prior to making its decision. Notice to interested parties is given by legal >' City Council hearings serve as a venue for the discussion of sometimes advertisement in the local newspaper of divergent points of view. Please respect the opinions of others and general circulation at least 10 calendar refrain from outward expressions of emotions such as cheering or days preceding the hearing date. clapping. Such behavior delays the meeting and may intimidate other Applications requiring public hearings persons wishing to express alternate views. Loud, unruly outbursts will include change of zoning, variances, use result in removal from the meeting. permits, and tentative maps. The proceedings of the meeting are recorded on audiotape and videotape; therefore, members of the audience who address the City COUNCIL MEETINGS Council must come The City Council regularly meets the first to the lectern/microphone, and are requested to complete a Speaker and third Tuesdays of each month. These Card and identify themselves. meetings are held in the Council Chamber of the Cupertino Community Hall, 10350 Torre Avenue, at 6:45 p.m. Closed xAwn 7F sessions,when needed, are normally held at 6:00 p.m. Closed sessions cover items such as personnel, litigation, or the sale, FLOWCHART FOR AGENDA ITEMS: purchase, or lease of property. Actions taken in closed sessions are not final until Mayor introduces Council members report any site ` acted upon in public session. agenda item visits or outside communications Urgent business , holidays, or election days may trigger special or adjourned 7Staff reports and makes Council members ask questions meetings. These meetings will be recommendation noticed beforehand. 1 AGENDAS, MINUTES, AND PACKETS AVAILABLE ON THE WEB Applicant Council members ask questions Agendas, minutes, and packets for makes current and prior City Council and (up to 10 mins.) presentation Planning Commission meetings are available at www.cupertino.org, or you can purchase the items on CD. Mayor invites members o Speakers submit a Request to CITY COUNCIL DECISION IS FINAL the public to speak about Speak card, and are allowed up the agenda item to 3 minutes per individual, or up Prior to seeking judicial review of any to 10 minutes per group. Council adjudicatory (quasi-judicial) decision, members may ask questions of interested persons must file a petition for It speakers. reconsideration within ten calendar days Mayor closes the of the date the City Clerk mails notice of hearing the City's decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's A Council member makes a motion office for more information or go to and obtains a second. www• City Council http://www.cupertino.org/index.aspx?pa votes on the The City Council then discusses the ge=125 for a reconsideration petition agenda item motion(s) and votes. form. CITY OF CUPERTINO AGENDA CUPERTINO CITY COUNCIL 10350 Torre Avenue, Council Chamber Tuesday, December 16, 2014 3:00 PM SPECIAL MEETING - 3:00 PM 10350 Torre Avenue, Community Hall Council Chamber ROLL CALL STUDY SESSION 1. Subject: Study session for Stevens Creek Boulevard to McClellan Road Creek Corridor Master Plan on recommended alternatives to proceed with an EIR Recommended Action: Schedule Study Session for Stevens Creek Boulevard to McClellan Road Creek Corridor Master Plan on recommended alternatives to proceed with an EIR Staff Report.doc A - Option A.pdf B - Option A site plan.pdf C - Option B.pdf D - Option B site plan.pdf E - Option C.pdf F - Option C site plan.pdf G - Exist Conditions Site Map.pdf H -Demo Rec Trends.pddf I - Order.o£Magnitude Costs Final.pdf J - Existing Transp Conditions.pdf K - Golf Course Draft Report.pdf L - Public Input Nov -Dec Summaiypdf CLOSED SESSION - Following study session 2. Subject: Conference with Legal Counsel - Initiation of Litigation pursuant to subdivision (c) of Section 54956.9: Two Cases REGULAR MEETING - 6:45 PM 10350 Torre Avenue, Community Hall Council Chamber CITY OF CUPEXTINO Page I City Council AGENDA December 16, 2014 PLEDGE OF ALLEGIANCE ROLL CALL CEREMONIAL MATTERS AND PRESENTATIONS 3. Subject: Fine Arts Commission annual update Recommended Action: Receive the update POSTPONEMENTS Postpone Item 915 Appeal of a Planning Commission approval of a personal wireless service facility at Cupertino High School to January 20, 2015 ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the council on any matter not on the agenda. Speakers are limited to three (3) minutes. In most cases, State law will prohibit the council from making any decisions with respect to a matter not listed on the agenda. CONSENT CALENDAR Unless there are separate discussions and/or actions requested by council, staff or a member of the public, it is requested that items under the Consent Calendar be acted on simultaneously. 4. Subject: Approve the November 10 City Council minutes Recommended Action: Approve the minutes A - Draft Minutes 5. Subject: Accept Accounts Payable for period ending November 21, 2014 Recommended Action: Adopt Resolution No. 14-221 accepting Accounts Payable for the period ending November 21, 2014 A - Draft Resolution B - AP Report 6. Subject: Accept the City Financial Reports for Fiscal Year Ending June 30, 2014 Recommended Action: Accept the reports CITY OF CUPERTINO Page 2 City Council AGENDA December 16, 2014 Staff Report A - FY2013-14 Comprehensive Annual Financial Report B - Memorandum on Internal Control and Required Communications C - Independant Accountant's Report on Applying Agreed -Upon Procedui D - Draft Resolution 7. Subject: Cancel the second meeting in February (17th) Recommended Action: Cancel the meeting Staff Report S. Subject: Approve the destruction of records from the City Manager, Human Resources, Public Works, and Recreation & Community Services departments Recommended Action: Adopt Resolution No. 14-222 approving the destruction of records from the City Manager, Human Resources, Public Works, and Recreation & Community Services departments Staff Report A - Draft Resolution B - Approved Reso. No. 13-094 9. Subject: Declare weeds a nuisance and set hearing date of January 20 for objections to proposed removal Recommended Action: Adopt Resolution No. 14-223 declaring weeds a nuisance and setting hearing date of January 20 for objections to proposed removal Staff Report A - Draft Resolution 10. Subject: Accept resignation of Parks and Recreation Commissioner Darcy Paul and termination of Fine Arts Commissioner Russell Leong and direct staff to fill the unscheduled vacancies Recommended Action: Accept resignation of Parks and Recreation Commissioner Darcy Paul and termination of Fine Arts Commissioner Russell Leong and fill the unscheduled vacancies from applicants being interviewed in January 2015 Staff Report A - Darcy Paul resignation letter B - Russell Leong termination letter 11. Subject: Application for Alcoholic Beverage License for Homestead Bowl, 20990 Homestead Road Recommended Action: Recommend Approval of the Application for Alcoholic Beverage License for Homestead Bowl, 20990 Homestead Road Staff Report A - Application 12. Subject: A resolution approving a parcel map for the Apple Campus 2 property in CITY OF CUPERTINO Page 3 City Council AGENDA December 16, 2014 the Vallco Park North area that subdivides parcels Recommended Action: Adopt Resolution No. Apple Campus 2 property in the Vallco approximately 173.6 acres into five parcels Staff Report A - Draft Resolution B - Parcel Mao approximately 173.6 acres into five 14-224 approving a parcel map for the Park North area that subdivides 13. Subject: Quinlan Community Center Interior Upgrade Project, No. 2010-9255 Recommended Action: Authorize the City Manager to award a contract to CRW Industries, Inc. of Scotts Valley, CA in the amount of $288,242; and approve a construction contingency of $57,648 (20%) for a total of $345,890 Staff Repo A - Draft Contract SECOND READING OF ORDINANCES 14. Subject: Conduct Second Reading and Enact Amendments to the Zoning Map and Municipal Code to conform to the General Plan and Housing Element Amendments, as well as text changes to Chapters in Title 18 and Title 19, of the Municipal Code regarding zoning, density bonuses, below -market rate housing, and the addition of Chapter 13 (Parkland Dedication Fee) and other clean-up to comply with state law, consistency and to improve readability. Recommended Action: Conduct the second reading and enact the following: L. Ordinance No. 14-2124, "An Ordinance of the City Council of the City of Cupertino Rezoning Certain Sites in the City for conformance with the General Plan and Housing Element," Zoning Map Amendment, Z-2013-03; and 2. Ordinance No. 14-2125, "An Ordinance of the City Council of the City of Cupertino amending various Chapters in Title 18 and Title 19, including the amendment of the Density Bonus Ordinance, the addition of a Chapter in Title 19 to implement policies in the General Plan, the addition of a Chapter in Title 13 to improve readability," Municipal Code Amendment, MCA-2014-01. Description: Application No(s): Z-2013-01, MCA-2014-01; Applicant(s): City of Cupertino; Location: citywide Staff Report A - Ordinance No. 14-2124 B - Ordinance No. 14-2125 C - Summary of Amendments D - Redline Chapters 19.80 and 19.144 PUBLIC HEARINGS CITY OF CUPERTINO Page 4 City Council AGENDA December 16, 2014 15. Subject: Appeal of a Planning Commission approval of a personal wireless service facility at Cupertino High School Recommended Action: Postpone the hearing date to January 20, 2015 ORDINANCES AND ACTION ITEMS 16. Subject: Council committee assignments Recommended Action: Approve assignments 17. Subject: Follow -Up to November 6, 2014 Community Workshop on Traffic Safety around Schools Recommended Action: Receive presentation on a summary of comments and suggestions received at the -November 6, 2014 Community Workshop and provide direction on any mid -year budget proposals or amendments to the municipal code. Direct staff to move forward on the following four actions: • Prepare a mid -year budget proposal for the installation of green bike lanes at various key locations in the tri-school area (Kennedy Middle School, Lincoln Elementary, and Morita Vista High) and near Cupertino High School; Bring to Council an ordinance for consideration to prohibit trucks in school zones except on major collector or arterial streets; • Work with the Cupertino Union School District, Fremont Union High School District and the Santa Clara County Sheriff's Office to engage a mobility consultant to make recommendations and prioritize bicycle and pedestrian education and encouragement programs, safety improvements, and enforcement strategies; Work with Recology on a pilot program to adjust trash/recycling/yard waste haul routes and schedules to reduce conflicts between carts and bike lanes; Continue to work with the Valley Transportation Authority (VTA) and the school districts on possible bus solutions to reduce school traffic congestion. Staff Report A - Comments B - Initiatives C - Traffic Safe1y FAQs D - Letter to VTA REPORTS BY COUNCIL AND STAFF CITY OF CUPERTINO Page 5 City Council AGENDA December 16, 2014 The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6; litigation challenging a final decision of the City Council must be brought within 90 days after a decision is announced unless a shorter time is required by State or Federal law. Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City's decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's office for more information or go to http://Www.cupertino.orglindex.aspx?page=125 for a reconsideration petition form. In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend the next City Council meeting who is visually or hearing impaired or has any disability that needs special assistance should call the City Clerk's Office at 408-777-3223, 48 hours in advance of the Council meeting to arrange for assistance. Upon request, in advance, by a person with a disability, City Council meeting agendas and writings distributed for the meeting that are public records will be made available in the appropriate alternative format. Also upon request, in advance, an assistive listening device can be made available for use during the meeting. Any writings or documents provided to a majority of the Cupertino City Council after publication of the packet will be made available for public inspection in the City Clerk's Office located at City Hall, 10300 Torre Avenue, during normal business hours and in Council packet archives linked from the agenda/minutes page on the Cupertino web site. Members of the public are entitled to address the City Council concerning any item that is described in the notice or agenda for this meeting, before or during consideration of that item. If you wish to address the Council on any issue that is on this agenda, please complete a speaker request card located in front of the Council, and deliver it to the Clerk prior to discussion of the item. When you are called, proceed to the podium and the Mayor will recognize you. If you wish to address the City Council on any other item not on the agenda, you may do so by during the public comment portion of the meeting following the same procedure described above. Please limit your comments to three (3) minutes or less. CITYOFCDPERTINO Page 6 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.cupertin.o.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. t i z- 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 S 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