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HomeMy WebLinkAboutCity Council - 2015CUPERTINO STATE OF CALIFORNIA ) SS. COUNTY OF SAN TA CLARA ) I, AN EMPLOYEE OF T lE CITY p`tF CUPS r O MENT, STATE Liil,it_ :.� PE!"All-Cis PERJURY TI-IAI' ON (DATE)�- (TIME) y.,1 c, �' �-�I POSTED THE NOTICE-VAGEN I �A ON Tx 1 f, BULLETIN BOARD AT CITY iIALL. AGENDA OF THE CITY COUNCIL TUESDAY, NOVEMBER 3, 2015 Televised Special Meeting 6:45 PM Savita Vaidhyanathan Gilbert Wong Council Member Council Member \ Carol Korade \ City Attorney _ David Brandt . City Manager' Staff _, Staff —, Rod Sinks Mayor As Speaker's Podium SICNIATURE Barry Chang Vice Mayor Darcy Paul / Council Member - / Grace Schmidt - City Clerk COMMUNITY HALL COUNCIL CHAMBER 10350 TORRE AVENUE • CUPERTINO, CA 95014 TELEPHONE: (408) 777-3220 (CITY HALL) WEBSITE: wvvw.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 forthe discussion of sometimes divergent points of view. Please respect the opinions of others and refrain from outward expressions of emotions such as cheering or clapping. Such behavior delays the meeting and may intimidate other persons wishing to express alternate views. Loud, unruly outbursts will result in removal from the meeting. The proceedings of the meeting are recorded on audiotape and videotape; therefore, members of the audience who address the City Council must come to the lectern/microphone, and are requested to complete a Speaker Card. and identify themselves. FLOWCHART FOR AGENDA ITEMS: Mayor introduces agenda item 1 Staff reports and makes recommendation 1 Applicant or Appellant makes presentation (up to 10 mins.) 1 Mayor invites members of the public to speak about the agenda item 1 Mayor closes the hearing 1 City Council votes on the agenda item Council members report any site visits or outside communications Council members ask questions Council members ask questions Speakers submit a Request to Speak card, and are allowed up to 3 minutes per individual. Council members may ask questions of speakers. A Council member makes a motion and obtains a second. The City Council then discusses the motion(s) and votes. PUBLIC HEARINGS The City Council is required by law to hold public hearings on certain matters prior to making its decision. Notice to interested parties is given by legal advertisement in the local newspaper of general circulation at least 10 calendar days preceding the hearing date. Applications requiring public hearings. include change of zoning, variances, use permits, and tentative maps. COUNCIL MEETINGS The City Council regularly meets the first and third Tuesdays of each month. These meetings are held in the Council Chamber of the Cupertino Community Hall, 10350 Torre Avenue, at 6:45 p.m. Closed sessions, when needed, are normally held at 6:00 p.m. Closed sessions cover items such as personnel, litigation, or the sale , purchase, or lease of property. Actions taken in closed sessions are not final until acted upon in public session. Urgent business , holidays, or election days may trigger special or adjourned meetings. These meetings will be noticed beforehand. AGENDAS, MINUTES, AND PACKETS AVAILABLE ON THE WEB Agendas, minutes, and packets for current and prior City Council and Planning Commission meetings are available at www.cupertino.org, or you can purchase the items on CD. CITY COUNCIL DECISION IS FINAL Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City's decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's office for more information or go to www. http://www.cupertino.org/index.aspx?page =125 for a reconsideration petition form. CITY OF CUPERTINO u AGENDA CUPERTINO CITY COUNCIL 10350 Torre Avenue, Council Chamber Tuesday, November 3, 2015 6:45 PM Special Meeting NOTICE AND CALL FOR A SPECIAL MEETING OF THE CUPERTINO CITY COUNCIL NOTICE IS HEREBY GIVEN that a special meeting of the Cupertino City Council is hereby called for Tuesday, November 3, 2015, 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 conducting business on the subject matters listed below under the heading, "Special Meeting." SPECIAL MEETING PLEDGE OF ALLEGIANCE - 6:45 PM Community Hall Council Chamber, 10350 Torre Avenue ROLL CALL CEREMONIAL MATTERS AND PRESENTATIONS 1. Subject: Present Emerging Artist Award to Claire Kuan Recommended Action: Present Emerging Artist Award to Claire Kuan 2. Subject: a. Presentations from delegations to Toyokawa and Copertino Sister Cities and students who hosted Toyokawa delegates; and b. Presentation of Hsinchu Sister City delegation gift Recommended Action: Receive presentations 3. Subject: Update from the Public Safety Commission Recommended Action: Receive update 4. Subject: Update from the Technology, Information, and Communications Commission Recommended Action: Receive update CITY OF CUPERTINO Page I City Council AGENDA November 3, 2015 5. Subject: Update from the Bicycle Pedestrian Commission Recommended Action: Receive update 6. Subject: Safe Routes to School 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. 7. Subject: Approve the October 20 City Council minutes Recommended Action: Approve the minutes A - Draft Minutes 8. Subject: Accept Accounts Payable for the period ending September 25, 2015 Recommended Action: Adopt Resolution No. 15-094 accepting accounts payable for the period ending September 25, 2015 A - Draft Resolution B - AP Report 9. Subject: Accept Accounts Payable for the period ending October 2, 2015 Recommended Action: Adopt Resolution No. 15-095 accepting Accounts Payable for the period ending October 2, 2015 A - Draft Resolution B - AP Report 10. Subject: Accept Accounts Payable for the period ending October 9, 2015 Recommended Action: Adopt Resolution No. 15-096 accepting Accounts Payable for the period ending October 9, 2015 A - Draft Resolution B - AP Report CITY OF CUPERTINO Page 2 City Council AGENDA November 3, 2015 11. Subiect: Accept Accounts Payable for the period ending October 16, 2015 Recommended Action: Adopt Resolution No. 15-097 accepting Accounts Payable for the period ending October 16, 2015 A - Draft Resolution B - AP Report 12. Subject: Letter to the California Public Utilities Commission (CPUC) supporting protections to its net energy metering program for rooftop solar customers Recommended Action: Authorize the Mayor to sign a letter to the CPUC to preserve its net energy metering program benefits for rooftop solar customers Staff Report A - Letter B - Fact Sheet 13. Subject: Approve the destruction of records from the City Clerk, City Manager, Code Enforcement, Public Works, and Recreation and Community Services (Quinlan Community Center) departments Recommended Action: Adopt Resolution No. 15-098 approving the destruction of records Staff Report A - Draft Resolution 14. Subject: Authorize a new Chief Technology Officer/Director of Information Services position in the salary schedule for Unrepresented Employees' Compensation Program and approve corresponding budget amendments totaling $148,750. Recommended Action: Staff recommends the City Council approve the following: 1. Adopt Resolution No. 157099 Amending the Unrepresented Employees' Compensation Program and salary schedule. 2. Approve an increase to the FY 2015-16 Information Technology program budget of $61,875 (610-34-310). 3. Approve an increase to the FY 2015-16 Public Affairs program budget of $61,875 (100-30-300). 4. Approve an increase to the FY 2015-16 Human Resources program budget of $25,000 (100-44-412). Staff Report A - Draft Resolution B - Redlined Amended Unrepresented Employees Compensation Pro rarr C - CIO/Director of Information Technology Position Description 15. Subject: 2015 Concrete Improvements Project, Project No. 2016-14 CITY OF CUPERTINO Page 3 City Council AGENDA November 3, 2015 Recommended Action: Authorize the City Manager to award and execute a contract with JJR Construction, Inc., in the amount of $1,396,245 and approve a construction contingency of $139,000, for a total of $1,535,245 Staff Report A - Draft Contract SECOND READING OF ORDINANCES PUBLIC HEARINGS ORDINANCES AND ACTION ITEMS REPORTS BY COUNCIL AND STAFF 16. Subject: Construction Project Updates Recommended Action: Receive updates 17. Subject: Report on Committee assignments and general comments Recommended Action: Report on Committee assignments and general comments ADJOURNMENT CITY OF CUPERTINO Page 4 City Council AGENDA November 3, 2015 The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6; litigation challenging a final decision of the City Council must be brought within 90 days after a decision is announced unless a shorter time is required by State or Federal law. Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City's decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's office for more information or go to http: //www. cupertino. org/index. aspx?page=125 for a reconsideration petition form. In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend the next City Council meeting who is visually or hearing impaired or has any disability that needs special assistance should call the City Clerk's Office at 408-777-3223, 48 hours in advance of the Council meeting to arrange for assistance. Upon request, in advance, by a person with a disability, City Council meeting agendas and writings distributed for the meeting that are public records will be made available in the appropriate alternative format. Also upon request, in advance, an assistive listening device can be made available for use during the meeting. Any writings or documents provided to a majority of the Cupertino City Council after publication of the packet will be made available for public inspection in the City Clerk's Office located at City Hall, 10300 Torre Avenue, during normal business hours and in Council packet archives linked from the agenda/minutes page on the Cupertino web site. Members of the public are entitled to address the City Council concerning any item that is described in the notice or agenda for this meeting, before or during consideration of that item. If you wish to address the Council on any issue that is on this agenda, please complete a speaker request card located in front of the Council, and deliver it to the Clerk prior to discussion of the item. When you are called, proceed to the podium and the Mayor will recognize you. If you wish to address the City Council on any other item not on the agenda, you may do so by during the public comment portion of the meeting following the same procedure described above. Please limit your comments to three (3) minutes or less. CITY OF CUPERTINO Page 5 THE CITY COUNCIL AND STAFF CITY COUNCIL Cupertino is a General Law city organized under and subject to statutes of the State of California. It is governed by the five -member City Council with the Mayor as the presiding officer. City Council members are elected at -large to four-year, overlapping terms. Each November a mayor and a vice -mayor are selected by the City Council for a one-year term. The City Council receives advice and assistance from nine commissions, which are appointed by the Council. These are the Bicycle Pedestrian Commission, Fine Arts Commission, Cupertino Housing Commission, Library Commission, Parks and Recreation Commission, Planning Commission, Public Safety Commission, Teen Commission, and the Technology, Information, and Communications Commission. Council members also serve on a variety of regional bodies, including: Association of Bay Area Governments League of California Cities Santa Clara County (SCC) Cities Association SCC Emergency Preparedness Council SCC Library District SCC Emergency Preparedness Commission Santa Clara Valley Water Commission and Water District SCC Transportation Authority West Valley Mayors and Managers STAFF The City Manager and the City Attorney are appointed by the Council. The City Manager is responsible for interpreting and carrying out Council policies and direction, and as the chief administrative officer, the City Manager coordinates the many activities of the city and appoints the professional and technical staff. The City Attorney is the advisor to the City Council as a whole. TYPES OF COUNCIL ACTIONS ORDINANCES Ordinances are the means by which the City enacts its local laws. Unless an urgent situation exists, ordinances will first be presented at a Council meeting as a "first reading." At a subsequent Council meeting, there will be a "second reading and adoption." Ordinances go into effect after a waiting period of thirty days, in most cases, during which time the summary of the ordinance is published in a local newspaper approved for this purpose. RESOLUTIONS Resolutions and minute orders are the means by which the City Council formally adopts policies or approves specific actions. These go into effect when adopted. APPEALS Any interested person, including a Council member, may appeal a Planning Commission or Director of Community Development decision to the City Council. An appeal must be submitted in writing to the City Clerk within 14 calendar days of the mailing of the notice of the decision. RECONSIDERATION Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City's decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's office for more information or go to www. http://www.cupertino.org/index.aspx?page=125 for a reconsideration petition form. COMMUNICATING WITH COUNCIL All Council members: citycouncil@cupertino.org Rod Sinks RSinks@cupertino.org (408) 777-3194 Barry Chang BChang@cupertino.org (408) 777-3192 Darcy Paul DPaul@cupertino.org (408) 777-3195 Gilbert Wong GWong@cupertino.org (408) 777-3191 Savita Vaidhyanathan SVaidhyanathan@cupertino.org (408) 777-3193 Council secretary KarenG@cupertino.org (408) 777-3212 City Hall www.cupertino.org (408) 777-CITY Please note: the City Council discourages submission of written materials on the day of the meeting as this does not provide enough time to give the materials fair evaluation. If you must provide written materials on the day of the meeting, as least one copy must be given to the City Clerk for the permanent record, and ten copies are preferred. Nil I'll, 011111111 11RAIIINNINI NEWS AND NOTICES FROM CITY HALL EMAIL Sign up for e-mailed agendas, minutes, elections, and other items on the city website at www.cupertino.org, or fill out a Speaker Card at the meeting and check your categories of interest. TELEVISION The City Channel broadcasts City Council and Planning Commission meetings , as well as agenda previews, public service announcements, and other programs of community interest, on Channel 26 in Cupertino. The meetings are shown at these times: Tuesday (live) 6:45 p.m. Friday (replay) 10:00 a.m. Thursday (replay) 7:00 p.m. Saturday (replay) 9:00 a.m. INTERNET City Council and Planning Commission videos are available on demand at www.cupertino.org. Click "View meetings online." You can also use iTunes to listen online or download podcasts of City Council meetings . iTunes is a free software program available for Mac and PC users. Occasionally, news and community information is also available at www.Twitter.com/CupertinoCom AUDIO Tune into Radio Cupertino, 1670 AM, for meeting announcements, public service messages, and emergency announcements. USEFUL TELEPHONE NUMBERS City of Cupertino (City Hall) General Information and Comments (408) 777-CITY Fire (Emergency) Santa Clara County Fire Dept. dispatch 911 Fire (Non -Emergency) Santa Clara County Fire Dept. (408) 378-4010 Garbage Recology South Bay (408) 725-4020 Gas & Electricity Pacific Gas & Electric (PG&E) 1-800-743-5000 Parks & Recreation Quinlan Community Center (408) 777-3120 Police (Emergency) Santa Clara County Sheriff dispatch 911 Police (Non -Emergency) Santa Clara County Sheriff (408) 868-6600 Public Health Santa Clara County Public Health (408) 732-3720 Sanitary Sewers Cupertino Sanitary District (408) 253-7071 Water San Jose Water (408) 279-7900 California Water (650) 917-0152 STATE OF CALIFORNIA CUPERTINO AGENDA OF THE CI SS. COU 4TY OF SANIA CLARA ) I, K I V- U a C C_ t� AN EMPLOYEE OF THE CITY OF CUPER1- Ir.O filer k DEr- .FAR�= /IENT, STATE UNDER —PENALTY" OF PERJURY THAT ON (DATE,) 11 I o �_ (TIIdIE) (o .'3 o PE SONALLY POSTED THE N CT. _ -E ,L\.GENDA ON THE E BULLETIN BOARD AT CITY MALL. �6OUNCIL [Gi _TuI'll TUESDAY, NOVEMBER 17, 2015 Non -televised Special Meeting (Closed Session) 5:30 PM Televised Regular Meeting 6:45 PM Rod Sinks Savita Vaidhyanathan May or Barry Chang Gilbert Wong Council Member IVice Mayor Council Member \ / Carol Korade \ City Attorney David Brandt . City Manager' -- Staff Staff —A& Speaker's Podium Darcy Paul Council Member / Grace Schmidt / City Clerk Auk. — Staff COMMUNITY HALL COUNCIL CHAMBER 10350 TORRE AVENUE • CUPERTINO, CA 95014 TELEPHONE: (408) 777-3220 (CITY HALL) WEBSITE: www.cupertino.org — Staff CONDUCT OF BUSINESS The Mayor is the presiding officer of the City Council. Any member of the public may speak on any item on the agenda for up to three minutes. All statements and questions must be addressed to the Mayor. City Council hearings serve as a venue for the discussion of sometimes divergent points of view. Please respect the opinions of others and refrain from outward expressions of emotions such as cheering or clapping. Such behavior delays the meeting and may intimidate other persons wishing to express alternate views. Loud, unruly outbursts will result in removal from the meeting. The proceedings of the meeting are recorded on audiotape and videotape; therefore, members of the audience who address the City Council must come to the lectern/microphone, and are requested to complete a Speaker Card and identify themselves. FLOWCHART FOR AGENDA ITEMS: Mayor introduces agenda item 1 Staff reports and makes �f recommendation 1 Applicant or Appellant makes presentation (up to 10 mins.) It Mayorinvites members of the public to speak about the agenda item 1 Mayor closes the hearing City Council votes on the agenda item Council members report any site visits or outside communications Council members ask questions Council members ask questions Speakers submit a Request to Speak card, and are allowed up to 3 minutes per individual. Council members may ask questions of speakers. A Council member makes a motion and obtains a second. The City Council then discusses the motion(s) and votes. PUBLIC HEARINGS The City Council is required by law to hold public hearings on certain matters prior to making its decision. Notice to interested parties is given by legal advertisement in the local newspaper of general circulation at least 10 calendar days preceding the hearing date. Applications requiring public hearings include change of zoning, variances, use permits, and tentative maps. COUNCIL MEETINGS The City Council regularly meets the first and third Tuesdays of each month. These meetings are held in the Council Chamber of the Cupertino Community Hall, 10350 Torre Avenue, at 6:45 p.m. Closed sessions, when needed, are normally held at 6:00 p.m. Closed sessions cover items such as personnel, litigation, or the sale , purchase, or lease of property. Actions taken in closed sessions are not final until acted upon in public session. Urgent business, holidays, or election days may trigger special or adjourned meetings. These meetings will be noticed beforehand. AGENDAS, MINUTES, AND PACKETS AVAILABLE ON THE WEB Agendas, minutes, and packets for current and prior City Council and Planning Commission meetings are available at www.cupertino.org, or you can purchase the items on CD. CITY COUNCIL DECISION IS FINAL Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City's decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's office for more information or go to www. http://www.cupertino.org/index.aspx?page =125 for a reconsideration petition form. CITY OF CUPERTINO AGENDA CUPERTINO CITY COUNCIL 10300 Torre Avenue and 10350 Torre Avenue Tuesday, November 17, 2015 5:30 PM Non -televised Closed Session (5:30) Followed by Televised Meeting (6:45) NOTICE AND CALL FOR A SPECIAL MEETING OF THE CUPERTINO CITY COUNCIL NOTICE IS HEREBY GIVEN that a special meeting of the Cupertino City Council is hereby called for Tuesday, November 17, 2015, commencing at 5:30 p.m. in City Hall Conference Room A, 10300 Torre Avenue, Cupertino, California 95014. Said special meeting shall be for the purpose of conducting business on the subject matters listed below under the heading, "Special Meeting." The regular meeting items will be heard at 6:45 p.m. in Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, California. SPECIAL MEETING ROLL CALL - 5:30 PM City Hall Conference Room A, 10300 Torre Avenue CLOSED SESSION 1. Subject: Conference with Labor Negotiators (54957.6). Agency designated representatives: Assistant to the City Manager and Jaime Bodiford. Appointed employee: City Manager. 2. Subject: Conference with Legal Counsel - Anticipated Litigation: Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Govermnent Code Section 54956.9 - One case 3. Subject: Conference with Real Property Negotiators (Govermnent Code 54956.8). Property: Cupertino Municipal Water System. Agency Negotiator: Tinun Borden. Negotiating Parties: City of Cupertino and San Jose Water Company. Under Negotiation: Terms for City Leased Asset 4. Subject: Conference with Legal Counsel - Anticipated Litigation: Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Govermnent Code Section 54956.9 - One case ADJOURNMENT CITY OF CUPERTINO Page 1 City Council AGENDA November 17, 2015 REGULAR MEETING PLEDGE OF ALLEGIANCE - 6:45 PM Community Hall Council Chamber, 10350 Torre Avenue ROLL CALL STUDY SESSION 1. Subject: Study Session on the Civic Center Master Plan - Financing Alternatives and Affordability Analysis Recommended Action: Receive staff presentation and provide direction Staff Report A - Financing Alternatives and Affordability Anal CEREMONIAL MATTERS AND PRESENTATIONS 2. Subject: Update from the Housing Commission Recommended Action: Receive update 3. Subject: Update from the Planning Commission 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. 4. Subject: Approve the November 3 City Council minutes Recommended Action: Approve the minutes A - Draft Minutes 5. Subject: Approve Treasurer's Investment Report for the Quarter ending June 30, CITY OF CUPERTINO Page 2 City Council AGENDA November 17, 201i 2015 Recommended Action: Accept the report Staff Report A - Investment Portfolio B - Supplemental Portfolio Analysis 6. Subject: Approve Treasurer's Investment Report for the Quarter ending September 30, 2015 Recommended Action: Accept the report Staff Report A - Investment Portfolio B - Supplemental Portfolio Analysis 7. Subject: Approval of the First Quarter adjustments for Fiscal Year 2015-16 as described in the First Quarter Financial Report Recommended Action: 1. Accept the City Manager's First Quarter Financial Report for Fiscal Year 2015-16; and 2. Adopt Resolution No. 15-100 approving the First Quarter budget adjustments Staff Report A - Draft Resolution B - First Quarter Financial Report FYI 5-16 C - Performance Measures - Clean Version D - Performance Measures - Redline Version 8. Subject: A resolution to allow the use of electronic signatures (E-signatures) on City documents Recommended Action: Staff recommends that the City Council adopt Resolution No. 15-101 to allow the use of electronic signatures (E-signatures) on applicable City documents Staff Report A - Draft Resolution B - California Secretary of State Letter C - Secretary of State's website FAQ 9. Subject: Approve the Employment Contract for the City Manager, and amend the Appointed Employees' Compensation Program Recommended Action: a.) Adopt Resolution No. 15-102 approving the Third Amendment to the Employment Contract for the City Manager; and b.) Adopt Resolution No. 15-103 amending the Appointed Employees' Compensation Program CITY OF CUPERTINO Page 3 City Council AGENDA November 17, 2015 Staff Report A - Redlined Third Amendement to City Manager Employment Contract B - Draft Resolution to Amend Employment Contract C - Draft Resolution Amending Appointed Employees Compensation Pro! D - Appointed Employees Compensation Program E - Redlined amended Appointed Employees Compensation Program 10. Subject: Amendment to an existing consultant services agreement with David J. Powers and Associates for environmental review for a Specific Plan and project in the Vallco Shopping District Planning Area for a total contract in the amount of $919,245, and authorization for further amendments. Recommended Action: 1. Authorize an amendment to the existing "Agreement between the City of Cupertino and David J. Powers & Associates, Inc for the CEQA Environmental Review for the Vallco Specific Plan Redevelopment Project" consultant services agreement with David J. Powers and Associates, Inc. (DJP&A) for preparation of an Environmental Impact Report (EIR) for the Council's consideration, for an additional amount not to exceed $164,940, for a total cost of $919,245. (Attachment A). 2. Authorize the City Manager to negotiate and execute additional future amendments to Item 1 above to the extent that funds are appropriated for the amendments and the total expenditures are cost -recovered from the applicant. 3. Approve an increase to the Fiscal Year 2015-16 Planning and Community Development -Mid to Long Term Planning program budget of $181,434 ($164,940 plus 10% administrative fee) Staff Report A - Amendment #2 B - Contract & Amendment #1 11. Subject: Amendment to increase City funding for the Memorandum of Understanding (MOU) (Attachment A) with the Santa Clara Valley Water District (District) for their Landscape Conversion Rebate Program (Program) Recommended Action: Staff recommends Council adopt Resolution No. 15-104 amending Approved FY 15/16 Operating Budget (Attachment B) and Authorize the City Manager to execute an amendment to the MOU with the District in an increased amount of up to $115,000 to supplement the District's Program for the benefit of Cupertino residents and businesses Staff Report A - Memorandum of Understanding B - Draft Resolution C - October 30, 2015 District Press Release 12. Subject: 2016 Pavement Maintenance Project, Project No. 2016-15 authority to award contract CITY OF CUPERTINO Page 4 City Council AGENDA November 17, 2015 Recommended Action: Authorize the City Manager to award and execute the 2016 Pavement Maintenance Project contract, including a 10% contingency, if the lowest responsive bid is within the established budget and there are no unresolved bid protests Staff Report A - List of Streets to Receive Pavement Maintenance Treatment B - Draft Contract 13. Subject: Funding agreement between the City of Cupertino and the Santa Clara Valley Transportation Authority (VTA) for the I-280/Wolfe Road Interchange Improvements Project Recommended Action: Authorize the City Manager to negotiate and execute a Funding Agreement with the VTA to identify the City of Cupertino and VTA's respective obligations for the I-280/Wolfe Road Interchange Improvements Project to the extent that the City of Cupertino's contributions are expected to be reimbursed from project applicants and funds are appropriated for such purpose Staff Report A - Draft Funding Agreement between the City of Cupertino and the Sant; SECOND READING OF ORDINANCES 14. Subject: Second reading of Ordinance and adopt amendments to the City's Zoning Map to rezone a 0.98 acre parcel from Light Industrial with Special Development Conditions (ML-fa) to Planned Development Zoning District with Light Industrial And Commercial Uses P(ML, CG)). (Z-2015-01, 10950 N. Blaney Avenue, APN: 316 03 041) Recommended Action: Conduct the second reading and enact Ordinance No. 15-2135: "An Ordinance of the City Council of the City of Cupertino rezoning a 0.98 acre parcel from Light Industrial with Special Development Conditions (ML-fa) to Planned Development Zoning District with Light Industrial And Commercial Uses P(ML, CG)" Staff Report A - Ordinance 15-2135 15. Subject: Second reading of ordinance amending Section 2.12.040 of the Cupertino Municipal Code to clarify the' number' of votes required to pass ordinances, resolutions, and certain orders to ensure that the Municipal Code is consistent with State Law Recommended Action: Conduct the second reading and enact Ordinance No. 15-2136: An Ordinance of the City Council of the City of Cupertino amending Section 2.12.040 of the Cupertino Municipal Code regarding the number of votes required for Ordinances, Resolutions, and Certain Orders CITYOF CUPERTINO Page 5 City Council Staff Report A - Draft Ordinance PUBLIC HEARINGS ORDINANCES AND ACTION ITEMS AGENDA November 17, 2015 16. Subject: First reading of an Ordinance amending Section 2.04.010 of the Cupertino Municipal Code regarding regular City Council meetings that fall on Election Tuesday in even -numbered years Recommended Action: Conduct the first reading Ordinance No. 15-2137: "An Ordinance of the City Council of the City of Cupertino amending Section 2.04.010 of Chapter 2.04 of Title 2 of the Cupertino Municipal Code regarding regular City Council meetings that fall on Election Tuesday in even -numbered years" Staff Report A - Redline Draft Ordinance B - Clean Draft Ordinance REPORTS BY COUNCIL AND STAFF 17. Subject: Report on Committee assignments and general comments Recommended Action: Report on Committee assignments and general comments ADJOURNMENT CITY OF CUPERTINO Page 6 City Council AGENDA November 17, 2015 The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6; litigation challenging a final decision of the City Council must be brought within 90 days after a decision is announced unless a shorter time is required by State or Federal law. Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City's decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's office for more information or go to http: //www. cupertino. org/index. aspx?page =1 25 for a reconsideration petition form. In compliance with the Americans with Disabilities Act (ABA), anyone who is planning to attend the next City Council meeting who is visually or hearing impaired or has any disability that needs special assistance should call the City Clerk's Office at 408-777-3223, 48 hours in advance of the Council meeting to arrange for assistance. Upon request, in advance, by a person with a disability, City Council meeting agendas and writings distributed for the meeting that are public records will be made available in the appropriate alternative format. Also upon request, in advance, an assistive listening device can be made available for use during the meeting. Any writings or documents provided to a majority of the Cupertino City Council after publication of the packet will be made available for public inspection in the City Clerk's Office located at City Hall, 10300 Torre Avenue, during normal business hours and in Council packet archives linked from the agenda/minutes page on the Cupertino web site. Members of the public are entitled to address the City Council concerning any item that is described in the notice or agenda for this meeting, before or during consideration of that item. If you wish to address the Council on any issue that is on this agenda, please complete a speaker request card located in front of the Council, and deliver it to the Clerk prior to discussion of the item. When you are called, proceed to the podium and the Mayor will recognize you. If you wish to address the City Council on any other item not on the agenda, you may do so by during the public comment portion of the meeting following the same procedure described above. Please limit your comments to three (3) minutes or less. CITY OF CUPERTINO Page 7 THE CITY COUNCIL AND STAFF CITY COUNCIL Cupertino is a General Law city organized under and subject to statutes of the State of California. It is governed by the five -member City Council with the Mayor as the presiding officer. City Council members are elected at -large to four-year, overlapping terms. Each November a mayor and a vice -mayor are selected by the City Council for a one-year term. The City Council receives advice and assistance from nine commissions, which are appointed by the Council. These are the Bicycle Pedestrian Commission, Fine Arts Commission, Cupertino Housing Commission, Library Commission, Parks and Recreation Commission, Planning Commission, Public Safety Commission, Teen Commission, and the Technology, Information, and Communications Commission. Council members also serve on a variety of regional bodies, including: Association of Bay Area Governments League of California Cities Santa Clara County (SCC) Cities Association SCC Emergency Preparedness Council SCC Library District SCC Emergency Preparedness Commission Santa Clara Valley Water Commission and Water District SCC Transportation Authority West Valley Mayors and Managers STAFF The City Manager and the City Attorney are appointed by the Council. The City Manager is responsible for interpreting and carrying out Council policies and direction, and as the chief administrative officer, the City Manager coordinates the many activities of the city and appoints the professional and technical staff. The City Attorney is the advisor to the City Council as a whole. TYPES OF COUNCIL ACTIONS ORDINANCES Ordinances are the means by which the City enacts its local laws. Unless an urgent situation exists, ordinances will first be presented at a Council meeting as a "first reading." At a subsequent Council meeting, there will be a "second reading and adoption." Ordinances go into effect after a waiting period of thirty days, in most cases, during which time the summary of the ordinance is published in a local newspaper approved for this purpose. RESOLUTIONS Resolutions and minute orders are the means by which the City Council formally adopts policies or approves specific actions. These go into effect when adopted. APPEALS Any interested person, including a Council member, may appeal a Planning Commission or Director of Community Development decision to the City Council. An appeal must be submitted in writing to the City Clerk within 14 calendar days of the mailing of the notice of the decision. RECONSIDERATION Prior to seekingjudicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City's decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's office for more information or go to www. http://www.cupertino.org/index.aspx?page=125 for a reconsideration petition form. COMMUNICATING WITH COUNCIL All Council members: citycouncil@cupertino.org Rod Sinks RSinks@cupertino.org (408) 777-3194 Barry Chang BChang@cupertino.org (408) 777-3192 Darcy Paul DPaul@cupertino.org (408) 777-3195 Gilbert Wong GWong@cupertino.org (408) 777-3191 Savita Vaidhyanathan SVaidhyanathan@cupertino.org (408) 777-3193 Council secretary KarenG@cupertino.org (408) 777-3212 City Hall www.cupertino.org (408) 777-CITY Please note: the City Council discourages submission of written materials on the day of the meeting as this does not provide enough time to give the materials fair evaluation. If you must provide written materials on the day of the meeting, as least one copy must be given to the City Clerk for the permanent record, and ten copies are preferred. NEWS AND NOTICES FROM CITY HALL EMAIL Sign up for e-mailed agendas, minutes, elections, and other items on the city website at www.cupertino.org, or fill out a Speaker Card at the meeting and check your categories of interest. TELEVISION The City Channel broadcasts City Council and Planning Commission meetings, as well as agenda previews, public service announcements, and other programs of community interest, on Channel 26 in Cupertino. The meetings are shown at these times: Tuesday (live) 6:45 p.m. Friday (replay) 10:00 a.m. Thursday (replay) 7:00 p.m. Saturday (replay) 9:00 a.m. INTERNET City Council and Planning Commission videos are available on demand at www.cupertino.org. Click "View meetings online." You can also use iTunes to listen online or download podcasts of City Council meetings . iTunes is a free software program available for Mac and PC users. Occasionally, news and community information is also available at www.Twitter.com/CupertinoCom AUDIO Tune into Radio Cupertino, 1670 AM, for meeting announcements, public service messages, and emergency announcements. ------------ USEFUL TELEPHONE NUMBERS City of Cupertino (City Hall) General Information and Comments (408) 777-CITY Fire (Emergency) Santa Clara County Fire Dept. dispatch 911 Fire (Non -Emergency) Santa Clara County Fire Dept. (408) 378-4010 Garbage Recology South Bay (408) 725-4020 Gas & Electricity Pacific Gas & Electric (PG&E) 1-800-743-5000 Parks & Recreation Quinlan Community Center (408) 777-3120 Police (Emergency) Santa Clara County Sheriff dispatch 911 Police (Non -Emergency) Santa Clara County Sheriff (408) 868-6600 Public Health Santa Clara County Public Health (408) 732-3720 Sanitary Sewers Cupertino Sanitary District (408) 253-7071 Water San Jose Water (408) 279-7900 California Water (650) 917-0152 CUPERTINO AGENDA OF THE CITY COUNCIL yr LALIFORNIA TUESDAY, DECEMSS. Regular Meeting 6:YEE OF THE CITY Or AN CUI'EIZTINO MENT, STATE [ i N,J ER DEPART. PERJURYLT THAT ON (DATE) P l Yi3-GF (TIME) C POSTED T � M ! p1-r-17,60N Ai LY HE 1 OTI CE/A9GE1'gr11A Oi'V i : ' L I�ULLETIN BOARD AT CITY Ij�` ` Savita Vaidhyanathan Gilbert Wong Council Member Council Member Colleen Winchester \ Acting City Attorney David Brandt City Manager' Staff —, Staff Rod Sinks Mayor B y izg Vice Mayor Darcy Paul / Council Member Fr Speaker's Podium COMMUNITY HALL COUNCIL CHAMBER 10350 TORRE AVENUE • CUPERTINO, CA 95014 TELEPHONE: (408) 777-3220 (CITY HALL) WEBSITE: www.cupertino.org Staff CONDUCT OF BUSINESS The Mayor is the presiding officer of the City Council. Any member of the public may speak on any item on the agenda for up to three minutes. All statements and questions must be addressed to the Mayor. City Council hearings serve as a venue for the discussion of sometimes divergent points of view. Please respect the opinions of others and refrain from outward expressions of emotions such as cheering or clapping. Such behavior delays the meeting and may intimidate other persons wishing to express alternate views. Loud, unruly outbursts will result in removal from the meeting. The proceedings of the meeting are recorded on audiotape and videotape; therefore, members of the audience who address the City Council must come to the lectern/microphone, and are requested to complete a Speaker Card and identify themselves. FLOWCHART FOR AGENDA ITEMS: Mayor introduces agenda item 1 Staff reports and makes recommendation 1 Applicant or Appellant makes presentation (up to 10 mins.) It Mayor invites members of the public to speak about the agenda item Mayor closes the hearing 1 City Council votes on the agenda item Council members report any site visits or outside communications Council members ask questions Council members ask questions Speakers submit a Request to Speak card, and are allowed up to 3 minutes per individual. Council members may ask questions of speakers. A Council member makes a motion and obtains a second. The City Council then discusses the motion(s) and votes. PUBLIC HEARINGS The City Council is required by law to hold public hearings on certain matters prior to making its decision. Notice to interested parties is given by legal advertisement in the local newspaper of general circulation at least 10 calendar days preceding the hearing date. Applications requiring public hearings include change of zoning, variances, use permits, and tentative maps. COUNCIL MEETINGS The City Council regularly meets the first and third Tuesdays of each month. These meetings are held in the Council Chamber of the Cupertino Community Hall, 10350 Torre Avenue, at 6:45 p.m. Closed sessions, when needed, are normally held at 6:00 p.m. Closed sessions cover items such as personnel, litigation, or the sale , purchase, or lease of property. Actions taken in closed sessions are not final until acted upon in public session. Urgent business , holidays, or election days may trigger special or adjourned meetings. These meetings will be noticed beforehand. AGENDAS, MINUTES, AND PACKETS AVAILABLE ON THE WEB Agendas, minutes, and packets for current and prior City Council and Planning Commission meetings are available at www.cupertino.org, or you can purchase the items on CD. CITY COUNCIL DECISION IS FINAL Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City's decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's office for more information or go to www. http://www.cupertino.org/index.aspx?page =125 for a reconsideration petition form. CITY OF CUPERTINO AGENDA C U P E RT I N O CITY COUNCIL 10350 Torre Avenue, Council Chamber Tuesday, December 1, 2015 6:45 PM PLEDGE OF ALLEGIANCE ROLL CALL CEREMONIAL MATTERS AND PRESENTATIONS 1. Subject: Update from Teen Commission Recommended Action: Receive update 2. Subject: Update from Fine Arts Commission 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. 3. Subject: Approve the November 17 City Council minutes Recommended Action: Approve the minutes A - Draft Minutes 4. Subject: Accept Accounts Payable for the period ending October 23, 2015 Recommended Action: Adopt Resolution No. 15-105 accepting Accounts Payable for the period ending October 23, 2015 CITY OF CUPERTINO Page 1 City Council AGENDA December 1, 2015 A - Draft Resolution B - AP Report 5. Subject: Accept Accounts Payable for the period ending October 30, 2015 Recommended Action: Adopt Resolution No. 15-106 accepting Accounts Payable for the period ending October 30, 2015 A - Draft Resolution B - AP Report 6. Subject: Accept Accounts Payable for the period ending November 6, 2015 Recommended Action: Adopt Resolution No. 15-107 accepting Accounts Payable for the period ending November 6, 2015 A - Draft Resolution B - AP Report 7. Subject: California State Law A131717, Local Prepaid Mobile Telephony Services Collection Act, effective January 1, 2016 Recommended Action: a.) Adopt Resolution No. 15-108 authorizing the City Manager to Execute the Agreement with the State Board of Equalization; and b.) Adopt Resolution No. 15-109 authorizing the Examination for the Prepaid Mobile Telephony Services Surcharge and Local Charge Records Staff Report A - Draft Resolution Agreement with the State Board of Equalization B - Draft Resolution Prepaid Mobile Telephony Services Surcharge C - Local Charge Agreement 8. Subject: Letter to President Obama expressing support for the Clean Power Plan and transitioning U.S. energy consumption to 100% renewable by 2050. Recommended Action: Authorize the Mayor to sign a letter to President Obama in support of the Clean Power Plan and transitioning the nation's energy consumption to be 100% renewable by 2050. Staff Report A - Letter of Support 9. Subject: Participate in the Compact of Mayors by sending a letter of commitment to the Compact of Mayors Secretariat. Recommended Action: Authorize the Mayor to sign the letter of commitment to the Compact of Mayors, joining coalitions of mayors and city officials worldwide committing to reduce local greenhouse gas emissions and enhance resilience to climate change. Staff Report A - Letter of Intent 10. Subject: Participation in the Institute for Local Government's Beacon Award: CITY OF CUPERTINO Page 2 City Council AGENDA December 1, 2015 Local Leadership toward Solving Climate Change Recognition Program Recommended Action: Adopt Resolution 15-110 supporting the City's participation in the Institute for Local Government's Beacon Award: Local Leadership toward Solving Climate Change Recognition Program. Staff Report A - Resolution 11. Subject: Declare weeds a nuisance and set hearing date of January 19 for objections to proposed removal Recommended Action: Adopt Resolution No. 15-112 declaring weeds a nuisance and setting hearing date of January 19 for objections to proposed removal Staff Report A - Draft Resolution 12. Subject: Blackberry Farm Golf Course Maintenance Agreement, Contract Award Recommended Action: Authorize the City Manager to award, negotiate and execute a contract with Professional Turf Management of San Jose, California in the amount of $99,600, as selected through a Request for Qualification process, and further authorize the City Manager to execute annual extensions to the contract for up to five years based upon the pricing in the bid documents, subject to appropriation Staff Report A - Draft Contract 13. Subject: Application for Alcoholic Beverage License for Yayoi, 20682-& 20684 Homestead Road Recommended Action: Recommend approval of the Alcoholic Beverage License to the California Department of Alcoholic Beverage Control for Yayoi, 20682 & 20684 Homestead Road Staff Report A - Application 14. Subject: Application for Alcoholic Beverage License Stevens Creek Boulevard, Suite 140 Recommended Action: Recommend approval of the the California Department of Alcoholic Beverage 19409 Stevens Creek Boulevard, Suite 140 Staff Report A - Application for Pieology Pizzeria, 19409 Alcoholic Beverage License to Control for Pieology Pizzeria, 15. Subject: Application for Alcoholic Beverage License for Tofu Plus, 10971 North Wolfe Road CITY OF CUPERTINO Page 3 City Council AGENDA December 1, 2015 Recommended Action: Recommend approval of the Alcoholic Beverage License to the California Department of Alcoholic Beverage Control for Tofu Plus, 10971 North Wolfe Road Staff Report A - Application 16. Subject: Application for Alcoholic Stevens Creek Boulevard Recommended Action: Recommend License to the California Department #5217, 20520 Stevens Creek Boulevard Staff Report A - Application Beverage License for Starbucks #5217, 20520 approval of the Alcoholic Beverage Control of Alcoholic Beverage Control for Starbucks 17. Subject: Application for Alcoholic Beverage License for Yoshida Restaurant, 10700 South De Anza Boulevard Recommended Action: Recommend approval of the Alcoholic Beverage License to the California Department of Alcoholic Beverage Control for Yoshida Restaurant, 10700 South De Anza Boulevard Staff Report A - Application SECOND READING OF ORDINANCES 18. Subject: Second reading of an Ordinance amending Section 2.04.010 of the Cupertino Municipal Code regarding regular City Council meetings that fall on any Election Tuesday in a regular Cupertino election year Recommended Action: Conduct the second reading and enact Ordinance No. 15-2137: "An Ordinance of the City Council of the City of Cupertino amending Section 2.04.010 of Chapter 2.04 of Title 2 of the Cupertino Municipal Code regarding regular City Council meetings that fall on any Election Tuesday in a regular Cupertino election year" Staff Report A - Redline Draft Ordinance B - Clean Draft Ordinance PUBLIC HEARINGS ORDINANCES AND ACTION ITEMS 19. Subject: Approve actions related to the formation of, and Cupertino's membership in, the Silicon Valley Clean Energy Authority, an independent joint powers authority, which will provide a Community Choice Aggregation Program CITY OF CUPERTINO Page 4 City Council AGENDA December 1, 2015 to offer clean energy alternatives for Cupertino residents and businesses; and related CEQA action Recommended Action: 1. Accept the Silicon Valley Community Choice Energy Technical Study Draft Report, and find that the proposed actions are exempt from CEQA; and 2. Conduct the first reading of the Ordinance No. 15-2138: "An Ordinance of the City Council of the City of Cupertino Authorizing the Implementation of a Community Choice Aggregation Program" to create and participate in the Silicon Valley Clean Energy Authority; and 3. Adopt Resolution No. 15-111 of the City Council of the City of Cupertino Approving the Joint Powers Agreement Establishing the Silicon Valley Clean Energy Authority; and 4. Authorize the City Manager to remit LIP to $450,000, as previously budgeted, to the Silicon Valley Clean Energy Authority to support the initial costs of the Authority; and 5. Approve an increase to the Fiscal Year 2015-16 Sustainability Division Special Project Budget of $100,000 for project contingency as outlined in the JPA; and 6. Direct staff to return to Council with an update and potential action regarding bridge financing for the Authority; and 7. Direct staff to return to Council with a proposal to provide interim project and/or staffing support to the Authority via a separate services agreement; and 8. Direct staff to return to Council for appointment of a regular Director and alternate Director to the Authority's Board of Directors. Staff Report A - Technical Study Draft Report B - Community Choice Energy Draft Ordinance C - Joint Powers Authority Draft Resolution D - Joint Powers Authority Draft Agreement REPORTS BY COUNCIL AND STAFF ELECTION OF MAYOR AND VICE MAYOR 20. Subject: Council members elect Mayor Recommended Action: Make nominations and elect Mayor 21. Subject: Council members elect Vice Mayor Recommended Action: Make nominations and elect Vice Mayor OATH OF OFFICE 22. Subject: Mayor takes Oath of Office CITY OF CUPERTINO Page 5 City Council AGENDA December 1, 2015 Recommended Action: Mayor takes Oath of Office 23. Subject: Vice Mayor takes Oath of Office Recommended Action: Vice Mayor takes Oath of Office COMMENTS BY NEW MAYOR 24. Subject: Comments by new Mayor and presentation of gifts Recommended Action: Comments by new Mayor and presentation of gifts COMMENTS BY COUNCIL MEMBERS AND PUBLIC 25. Subject: Comments by Council members Recommended Action: Comments by Council members 26. Subject: Members of the audience are invited to speak Recommended Action: Members of the audience are invited to speak RECEPTION 27. Subject: The public is invited to attend a reception in the lobby Recommended Action: The public is invited to attend a reception in the lobby ADJOURNMENT CITY OF CUPERTINO Page 6 City Council AGENDA December 1, 2015 The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6; litigation challenging a final decision of the City Council must be brought within 90 days after a decision is announced unless a shorter time is required by State or Federal law. Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City's decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.09�. 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 7 THE CITY COUNCIL AND STAFF CITY COUNCIL Cupertino is a General Law city organized under and subject to statutes of the State of California. It is governed by the five -member City Council with the Mayor as the presiding officer. City Council members are elected at -large to four-year, overlapping terms. Each November a mayor and a vice -mayor are selected by the City Council for a one-year term. The City Council receives advice and assistance from nine commissions, which are appointed by the Council. These are the Bicycle Pedestrian Commission, Fine Arts Commission, Cupertino Housing Commission, Library Commission, Parks and Recreation Commission, Planning Commission, Public Safety Commission, Teen Commission, and the Technology, Information, and Communications Commission. Council members also serve on a variety of regional bodies, including: Association of Bay Area Governments League of California Cities Santa Clara County (SCC) Cities Association SCC Emergency Preparedness Council SCC Library District SCC Emergency Preparedness Commission Santa Clara Valley Water Commission and Water District SCC Transportation Authority West Valley Mayors and Managers STAFF The City Manager and the City Attorney are appointed by the Council. The City Manager is responsible for interpreting and carrying out Council policies and direction, and as the chief administrative officer, the City Manager coordinates the many activities of the city and appoints the professional and technical staff. The City Attorney is the advisor to the City Council as a whole. TYPES OF COUNCIL ACTIONS ORDINANCES Ordinances are the means by which the City enacts its local laws. Unless an urgent situation exists, ordinances will first be presented at a Council meeting as a "first reading." At a subsequent Council meeting, there will be a "second reading and adoption." Ordinances go into effect after awaiting period of thirty days, inmost cases, during which time the summary of the ordinance is published in a local newspaper approved for this purpose. RESOLUTIONS Resolutions and minute orders are the means by which the City Council formally adopts policies or approves specific actions. These go into effect when adopted. APPEALS Any interested person, including a Council member, may appeal a Planning Commission or Director of Community Development decision to the City Council. An appeal must be submitted in writing to the City Clerk within 14 calendar days of the mailing of the notice of the decision. RECONSIDERATION Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City's decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's office for more information or go to www. http://www.cupertino.org/index.aspx?page=125 for a reconsideration petition form. COMMUNICATING WITH COUNCIL All Council members: citycouncil@cupertino.org Rod Sinks RSinks@cupertino.org (408) 777-3194 Barry Chang BChang@cupertino.org (408) 777-3192 Darcy Paul DPaul@cupertino.org (408) 777-3195 Gilbert Wong GWong@cupertino.org (408) 777-3191 Savita Vaidhyanathan SVaidhyanathan@cupertino.org (408) 777-3193 Interim Council admin Lisa MM@cupertino.org (408) 777-3212 City Hall www.cupertino.org (408) 777-CITY Please note: the City Council discourages submission of written materials on the day of the meeting as this does not provide enough time to give the materials fair evaluation. If you must provide written materials on the day of the meeting, as least one copy must be given to the City Clerk for the permanent record, and ten copies are preferred. NEWS AND NOTICES FROM CITY HALL EMAIL Sign up for e-mailed agendas, minutes, elections, and other items on the city website at www.cupertino.org, or fill out a Speaker Card at the meeting and check your categories of interest. TELEVISION The City Channel broadcasts City Council and Planning Commission meetings, as well as agenda previews, public service announcements, and other programs of community interest, on Channel 26 in Cupertino. The meetings are shown at these times: Tuesday (live) 6:45 p.m. Friday (replay) 10:00 a.m. Thursday (replay) 7:00 p.m. Saturday (replay) 9:00 a.m. INTERNET City Council and Planning Commission videos are available on demand at www.cupertino.org. Click "View meetings online." You can also use iTunes to listen online or download podcasts of City Council meetings . iTunes is a free software program available for Mac and PC users. Occasionally, news and community information is also available at www.Twitter.com/CupertinoCom AUDIO Tune into Radio Cupertino, 1670 AM, for meeting announcements, public service messages, and emergency announcements. USEFUL TELEPHONE NUMBERS City of Cupertino (City Hall) General Information and Comments (408) 777-CITY Fire (Emergency) Santa Clara County Fire Dept. dispatch 911 Fire (Non -Emergency) Santa Clara County Fire Dept. (408) 378-4010 Garbage Recology South Bay (408) 725-4020 Gas & Electricity Pacific Gas & Electric (PG&E) 1-800-743-5000 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 CANCELLATION NOTICE IS HEREBY GIVEN that the regular meeting of the Cupertino City Council scheduled for Tuesday, January 5, 2016 was cancelled due to lack of business and there will be a lack of quorum. The next regular meeting will be Tuesday, January 19, 2016 beginning at 6:45 p.m., Community Hall Co-Lmcil Chamber, 10350 Torre Avenue, Cupertino, CA 95014. Dated this 17th day of December, 2015 Kirsten Squarcia Deputy City Clerk STA'I-E OF CALIFO )/SS. C 0 L! NT Y OF SA N'I-N CLA RA, I. i-J, --I AN EN'lli'LOYEE OF T111'FE CITY OFff -CjANu-- D E PA RT- ST2-VI'E i-iND--R PENALTY OF m':r,-i,-.',aYTHIN ON tDNFE) 11-Z11-7LIT ( 1 - T N , -, -C' ') I N I . 1; �;_' ',1000,1 PERSO'",'�-!-Ly Po'�'l t-D —1 HIJ3 NT(-YFi�'--'E/AGENDA ON -I.HE M-11-LE-TIN BOAPRD AT CITY LIA.LL. Ai L CUPERTINO OFFICE OF THE CITY CLERK 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3223 • FAX: (408) 777-3366 CUPERTINO CITY COUNCIL AMENDED NOTICE OF ADJOURNMENT OF THE DECEMBER 15, 2015 MEETING NOTICE IS HEREBY GIVEN that the regular meeting of the Cupertino City Council scheduled for Tuesday, December 15, 2015 was adjourned to Tuesday, January 5, 2016 at 6:45 p.m. for the purpose of conducting regular business, Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, California. Dated this 15th day of December, 2015 llf-4� -if �� Kirsten Squarcia Deputy City Clerk