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HomeMy WebLinkAboutCity Council - June 2015CUPERTINO AGENDA OF THE CITY COUNCIL TUESDAY, JUNE 212015 Special Meeting 3:00 PM Regular Meeting 6:45 PM Savita Vaidhyanathan Gilbert Wong Council Member Council Member Carol Korade City Attorney David Brandt • • City Manager • - Staff • • / Staff • Rod Sinks Mayor Barry Chang Vice Mayor Darcy Paul Council Member Grace Schmidt City Clerk • Staff ) SS. COUNTYL0F!ANT1,-'1 LAJ1 v�r ��, AN EAPLOYEE OF IIE UPERTINO —�5- -p Sriya1('c)ft Q eP—r— DEPART- MENT, STAT UNDER PENALTY OF Speaker's PERJURY THAT ON (D.-VFE) S (2-9-11 S Podium (TIME) Pm I PERSONALLY POSTED THE NOTiC E./AGENDA ON THE BULLETIN BOARD AT CITY HALL. 4 D,-\T E S*G,6..l STATE O IT0P.NIf • COMMUNITY HALL COUNCIL CHAMBER 10350 Torre Avenue, Cupertino, Califomia 95014 (408) 777-3200 (City Hall) Nvw'Vv.cupertino.org CONDUCT OF BUSINESS The Mayor is the presiding officer of the City Council. Any member of the public may speak on any item on the agenda for up to three minutes. All statements and questions must be addressed to the Mayor. City Council hearings serve as a venue for the discussion of sometimes divergent points of view. Please respect the opinions of others and refrain from outward expressions of emotions such as cheering or clapping. Such behavior delays the meeting and may intimidate other persons wishing to express alternate views. Loud, unruly outbursts will result in removal from the meeting. The proceedings of the meeting are recorded on audiotape and videotape; therefore, members of the audience who address the City Council must come to the lectern/microphone, and are requested to complete a Speaker Card and identify themselves. FLOWCHART FOR AGENDA ITEMS: Mayor introduces agenda item 1 Staff reports and makes recommendation 1 Applicant makes presentation (up to 10 mins.) It Mayor invites members of the public to speak about the agenda item 1 Mayor closes the hearing 1 City Council votes on the agenda item Council members report any site visits or outside communications Council members ask questions Council members ask questions Speakers submit a Request to Speak card, and are allowed up to 3 minutes per individual, or up to 10 minutes per group. Council members may ask questions of speakers. A Council member makes a motion and obtains a second. The City Council then discusses the motion(s) and votes. PUBLIC HEARINGS The City Council is required by law to hold public hearings on certain matters prior to making its decision. Notice to interested parties is given by legal advertisement in the local newspaper of general circulation at least 10 calendar days preceding the hearing date. Applications requiring public hearings include change of zoning, variances, use permits, and tentative maps. COUNCIL MEETINGS The City Council regularly meets the first and third Tuesdays of each month. These meetings are held in the Council Chamber of the Cupertino Community Hall, 10350 Torre Avenue, at 6:45 p.m. Closed sessions,when needed, are normally held at 6:00 p.m. Closed sessions cover items such as personnel, litigation, or the sale , purchase, or lease of property. Actions taken in closed sessions are not final until acted upon in public session. Urgent business , holidays, or election days may trigger special or adjourned meetings. These meetings will be noticed beforehand. AGENDAS, MINUTES, AND PACKETS AVAILABLE ON THE WEB Agendas, minutes, and packets for current and prior City Council and Planning Commission meetings are available at www.cupertino.or, or you can purchase the items on CD. CITY COUNCIL DECISION IS FINAL Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City's decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's office for more information or go to www. http://www.cupertino.org/index.aspx?page =125 for a reconsideration petition form. CITY OF CUPERTINO AGENDA CUPERTINO CITY COUNCIL 10350 Torre Avenue, Council Chamber Tuesday, June 2, 2015 3:00 PM Special Meeting NOTICE AND CALL FOR A SPECIAL MEETING OF THE CUPERTINO CITY COUNCIL NOTICE IS HEREBY GIVEN that a special meeting of the Cupertino City Council is hereby called for Tuesday, June 02, 2015, 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 conducting business on the subject matters listed below under the heading, "Special Meeting." The regular meeting items will be heard at 6:45 p.m. in Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, California. SPECIAL MEETING ROLL CALL - 3:00 PM Community Hall Council Chamber, 10350 Torre Avenue STUDY SESSION 1. Subject: Study Session on Santa Clara County Potential Transportation Tax Measure for 2016 - Envision Silicon Valley Recommended Action: Receive staff presentation and provide direction on transportation projects to advocate for inclusion in potential 2016 tax measure Staff Report A - Envision Silicon Valley Schedule B - VTA JanuaryUpdate Presentation C - Overview of Past Tax Measures D - Draft Goals and Strategies E - Draft Metrics for Evaluating Proiects F - Textizen Poll Poster ADJOURNMENT CITY OF CUPERTINO Page I City Council AGENDA June 2, 2015 REGULAR MEETING PLEDGE OF ALLEGIANCE - 6:45 PM Community Hall Council Chamber, 10350 Torre Avenue ROLL CALL CEREMONIAL MATTERS AND PRESENTATIONS 1. Subject: Present proclamation recognizing June 2015 as Immigrant Heritage Month Recommended Action: Present proclamation POSTPONEMENTS 2. Subject: General Plan and Housing Element Update fee Recommended Action: Continue this item to June 16 3. Subject: Brush abatement for public nuisance and potential fire hazard, item number 16 Recommended Action: Remove this item from the agenda since no parcels are on the list 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 12 City Council minutes Recommended Action: Approve the minutes A - Draft Minutes S. Subject: Approve the May 19 City Council minutes Recommended Action: Approve the minutes A - Draft Minutes CITY OF CUPERTINO Page 2 City Council AGENDA June 2, 2015 6. Subject: Accept Accounts Payable for period ending April 17, 2015. Recommended Action: Adopt Resolution No. 15-043 accepting Accounts Payable for the period ending April 17, 2015. A - Draft Resolution B - AP Report 7. Subject: Accept Accounts Payable for period ending April 24, 2015 Recommended Action: Adopt Resolution No. 15-044 accepting Accounts Payable for the period ending April 24, 2015 A - Draft Resolution B - AP Report 8. Subject: Accept Accounts Payable for period ending May 1, 2015 Recommended Action: Adopt Resolution No. 15-045 accepting Accounts Payable for the period ending May 1, 2015 A - Draft Resolution B - AP Report 9. Subject: Accept Accounts Payable for period ending May 8, 2015 Recommended Action: Adopt Resolution No. 15-046 accepting ACCOL111tS Payable for the period ending May 8, 2015 A - Draft Resolution B - AP Report 10. Subject: Accept Accounts Payable for the period ending May 15, 2015 Recommended Action: Adopt Resolution No. 15-047 accepting Accounts Payable for the period ending May 15, 2015 A - Draft Resolution B - AP Report 11. Subject: Request from Mrs. Marcia Alicea to sponsor a bench in memory of her mother, Mrs. Virginia Logan at Memorial Park adjacent to the Cupertino Senior Center. Recommended Action: Accept a bench with a special plaque in memory of Virginia Logan from her daughter, Mrs. Marcia Alicea. Staff Report A- Resolution No. 03-162 12. Subject: Execute a contract with Dan Gertmenian for the Math Olympiad program and Chess Instruction for the period of August 1, 2015 - June 30, 2016 Recommended Action: Authorize the City Manager to execute a contract with Dan Gertmenian for the Math Olympiad program and Chess Instruction for the one-year period of August 1, 2015 -June 30, 2016 CITY OF CUPERTINO Page 3 City Council AGENDA June 2, 2015 Staff Report A - Dan Gertnienian Draft Agreement 13. Subject: Application for Alcoholic Beverage License for Cypress Hotel & Park Place Restaurant & Bar, 10050 South De Anza Boulevard Recommended Action: Recommend approval of the Alcoholic Beverage License to the California Department of Alcoholic Beverage Control for Cypress Hotel & Park Place Restaurant & Bar, 10050 South De Anza Boulevard Staff Report A - Application SECOND READING OF ORDINANCES PUBLIC HEARINGS 14. 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 2015-16; and the Adoption of the Recommended Budget; and Establishment of the Appropriation Limit, and related actions. Recommended Action: a. Adopt negative declaration EA-2015-01 for the Capital Improvement Plan (CIP) projects described in the FY 2015-16 Recommended Budget b. Adopt Resolution No. 15-048 establishing a special project budget for the Planning and Community Development - Current Planning Construction Plan Check, Code Enforcement and Public Works Inspection Services Programs for costs related to Apple Pass Thru Revenues for Fiscal Year 2015-16 c. Adopt Resolution No. 15-049 establishing an Operating Budget and Capital Budget for Fiscal Year 2015-16 d. Approve the reallocation of $151,920 in funds originally requested for full time staffing in the Administration - City Attorney's program to the contracts e. Approve additional appropriation of $6 million dollars for Public Works -Street Pavement Maintenance and the additional appropriation of $3 million dollars in transfers out for both the General Fund Capital Reserve to fund the Street Pavement Maintenance costs f. Approve additional allocation of $60,000 for the Administration -City Attorney budget for contract legal costs related to State Route 85 g. Adopt Resolution No. 15-050 establishing an Appropriation Limit for Fiscal Year 2015-16 CITY OF CUPERTINO Page 4 City Council AGENDA June 2, 2015 Staff Report A - Negative Declaration B - Draft Resolution Pass Thru revenues C - Draft Resolution Operating and Capital budget D - Draft Resolution Appropriation limit E - Budget Study Session follow up items ORDINANCES AND ACTION ITEMS 15. Subject: Update on drought State of Emergency actions, implemented water conservation measures for City operations, amendments to Cupertino Municipal Code Chapter 15.32 related to water conservation, prohibited uses of water, regulations for water conservation, and proposed regulations Recommended Action: Staff recommends that Council take the following actions: 1) Receive staff presentation on continued drought State of Emergency; 2) Provide input to staff on implemented water conservation restrictions for City operations; 3) Conduct the first reading of Ordinance No. 15-2131: "An Ordinance of the City of Cupertino amending Chapter 15.32 of Title 15 of the Cupertino Municipal Code relating to water conservation, prohibited uses of water, and water use regulations"; and 4) Provide notice of intent to adopt the draft resolution with 2015-2016 Regulations Restricting Water Use at the second reading of the draft ordinance Staff Report A - State Water Resources Control Board Draft Regulation Implementing B - State Water Resources Control Board Adopted Emergency Re sg 5-5-1 C - State Water Resources Control Board 2015 Emergency Re sg FAO D - SJWC and CWSC Rule No. 14.1 Restrictions E - City of Cupertino Water Conservation Restriction Measures with attac F - Clean Version of Draft Ordinance G - Red -Lined Version of Draft Ordinance H - Draft Resolution with Regulations 16. 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 A - Email from SCC Fire Department 17. Subject: Consider cancelling meeting(s) in the summer Recommended Action: Provide direction to staff Staff Report CITY OF CUPERTINO Page 5 City Council AGENDA June 2, 2015 REPORTS BY COUNCIL AND STAFF 18. Subject: Annual Report on the Pavement Management Program (postponed from May 5) Recommended Action: Receive the report. No action is required. Staff Report A - Proposed Pavement Projects FYI 5/16 B - Completed / Scheduled Pavement Projects FY 14/15 19. Subject: Report on Committee assignments and general comments Recommended Action: Report on Committee assignments and general comments ADJOURNMENT CITYOFCUPERTINO Page 6 City Council AGENDA June 2, 2015 The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6; litigation challenging a final decision of the City Council must be brought within 90 days after a decision is announced unless a shorter time is required by State or Federal law. Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City's decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's office for more information or go to http://www.cupertino.orglindex.aspx?page=125for a reconsideration petition form. In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend the next City Council meeting who is visually or hearing impaired or has any disability that needs special assistance should call the City Clerk's Office at 408-777-3223, 48 hours in advance of the Council meeting to arrange for assistance. Upon request, in advance, by a person with a disability, City Council meeting agendas and writings distributed for the meeting that are public records will be made available in the appropriate alternative format. Also upon request, in advance, an assistive listening device can be made available for use during the meeting. Any writings or documents provided to a majority of the Cupertino City Council after publication of the packet will be made available for public inspection in the City Clerk's Office located at City Hall, 10300 Torre Avenue, during normal business hours and in Council packet archives linked from the agenda/minutes page on the Cupertino web site. Members of the public are entitled to address the City Council concerning any item that is described in the notice or agenda for this meeting, before or during consideration of that item. If you wish to address the Council on any issue that is on this agenda, please complete a speaker request card located in front of the Council, and deliver it to the Clerk prior to discussion of the item. When you are called, proceed to the podium and the Mayor will recognize you. If you wish to address the City Council on any other item not on the agenda, you may do so by during the public comment portion of the meeting following the same procedure described above. Please limit your comments to three (3) minutes or less. CITY OF CUPERTINO Page 7 THE CITY COUNCIL AND STAFF CITY COUNCIL Cupertino is a General Law city organized under and subject to statutes of the State of California. It is governed by the five -member City Council with the Mayor as the presiding officer. City Council members are elected at -large to four-year, overlapping terms. Each November a mayor and a vice -mayor are selected by the City Council for a one-year term. The City Council receives advice and assistance from nine commissions, which are appointed by the Council. These are the Bicycle Pedestrian Commission, Fine Arts Commission, Cupertino Housing Commission, Library Commission, Parks and Recreation Commission, Planning Commission, Public Safety Commission, Teen Commission, and the Technology, Information, and Communications Commission. Council members also serve on a variety of regional bodies, including: Association of Bay Area Governments League of California Cities Santa Clara County (SCC) Cities Association SCC Emergency Preparedness Council SCC Library District SCC Emergency Preparedness Commission Santa Clara Valley Water Commission and Water District SCC Transportation Authority West Valley Mayors and Managers STAFF The City Manager and the City Attorney are appointed by the Council. The City Manager is responsible for interpreting and carrying out Council policies and direction, and as the chief administrative officer, the City Manager coordinates the many activities of the city and appoints the professional and technical staff. The City Attorney is the advisor to the City Council as a whole. TYPES OF COUNCIL ACTIONS ORDINANCES Ordinances are the means by which the City enacts its local laws. Unless an urgent situation exists, ordinances will first be presented at a Council meeting as a "first reading." At a subsequent Council meeting, there will be a "second reading and adoption." Ordinances go into effect after a waiting period of thirty days, in most cases, during which time the summary of the ordinance is published in a local newspaper approved for this purpose. RESOLUTIONS Resolutions and minute orders are the means by which the City Council formally adopts policies or approves specific actions. These go into effect when adopted. APPEALS Any interested person, including a Council member, may appeal a Planning Commission or Director of Community Development decision to the City Council. An appeal must be submitted in writing to the City Clerk within 14 calendar days of the mailing of the notice of the decision. RECONSIDERATION Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City's decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's office for more information or go to www. http://www.cupertino.org/index.aspx?page=125 for a reconsideration petition form. COMMUNICATING WITH COUNCIL —� All Council members: citycouncil@cupertino.org Rod Sinks RSinks@cupertino.org (408) 777-3194 Barry Chang BChang@cupertino.org (408) 777-3192 Darcy Paul DPaul@cupertino.org (408) 777-3193 Gilbert Wong GWong@cupertino.org (408) 777-3191 Savita Vaidhyanathan SVaidhyanathan@cupertino.org (408) 777-3195 Council secretary KarenG@cupertino.org (408) 777-3212 City Hall www.cupertino.org (408) 777-CITY Please note: the City Council discourages submission of written materials on the day of the meeting as this does not provide enough time to give the materials fair evaluation. If you must provide written materials on the day of the meeting, as least one copy must be given to the City Clerk for the permanent record, and ten copies are preferred. NEWS AND NOTICES FROM CITY HALL EMAIL Sign up for e-mailed agendas, minutes, elections, and other items on the city website at www.cupertino.org, or fill out a Speaker Card at the meeting and check your categories of interest. TELEVISION The City Channel broadcasts City Council and Planning Commission meetings, as well as agenda previews, public service announcements, and other programs of community interest, on Channel 26 in Cupertino. The meetings are shown at these times: Tuesday (live) 6:45 p.m. Friday (replay) 10:00 a.m. Thursday (replay) 7:00 p.m. Saturday (replay) 9:00 a.m. INTERNET 3"rl City Council and Planning Commission videos are available on demand at www.cupertino.org. Click "View meetings rs'. online." You can also use iTunes to listen online or download podcasts of City Council meetings . iTunes is a free software program available for Mac and PC users. Occasionally, news and community information is also available at www.Twitter.com/CupertinoCom AUDIO Tune into Radio Cupertino, 1670 AM, for meeting announcements, public service messages, and emergency announcements. USEFUL TELEPHONE NUMBERS City of Cupertino (City Hall) General Information and Comments (408) 777-CITY Fire (Emergency) Santa Clara County Fire Dept. dispatch 911 Fire (Non -Emergency) Santa Clara County Fire Dept. (408) 378-4010 Garbage Recology South Bay (408) 725-4020 Gas & Electricity Pacific Gas & Electric (PG&E) 1-800-743-5000 Parks & Recreation Quinlan Community Center (408) 777-3120 Police (Emergency) Santa Clara County Sheriff dispatch 911 Police (Non -Emergency) Santa Clara County Sheriff (408) 868-6600 Public Health Santa Clara County Public Health (408) 732-3720 Sanitary Sewers Cupertino Sanitary District (408) 253-7071 Water San Jose Water (408) 279-7900 California Water (650) 917-0152 _...__..-- --- -- -- — --- - - CUPERTINO AGENDA OF THE CITY COUNCIL TUESDAY, JUNE 16, 2015 Special Meeting 5:30 PM Regular Meeting 6:45 PM Savita Vaidhyanathan Rod Sinks MaBarry Chang Gilbert Wong Council Member or Vice Mayor Darcy Paul Council Member Council Member Carol Korade Grace Schmidt City Attorney City City Clerk David Brandt 0 0 0 0 _r� City Manager 0 0 ��S§TATL�4�00R Staff Staff LINTY OF SANTPk\CLA" Staff -)Ss. Staff ) 1, SCN?O�c A AN EMPLIYEEPF THE CUPERTIT\,10 D E PA R-111 MENT, STATE UNDER PENALTY OF Speaker's PER-TURY THAT ON (D,-`,,TE) Podium (TIME) L.00 f PERS(-'),`,T1AiL.,LY - POSTED THE ON -� L I BULLETIN BOAIII111 ACiTy L - -i- P ZAI — +. COMMUNITY HALL COUNCIL CHA:NIBER 10350 ToiTe Avenue, Cupertino, California 95014 (408) 777-3200 (City Hall) www-cupeitino-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 a� recommendation I 1 Applicant --I .makes I presentation (up to 10 mins.) Z 1 Mayor invites members of the public to speak about the agenda item l Mayor closes the hearing 1 City Council votes on the agenda item Council members report any site visits or outside communications Council members ask questions Council members ask questions Speakers submit a Request to Speak card, and are allowed up to 3 minutes per individual, or up to 10 minutes per group. Council members may ask questions of speakers. A Council member makes a motion and obtains a second. The City Council then discusses the motion(s) and votes. PUBLIC HEARINGS The City Council is required by law to hold public hearings on certain matters prior to making its decision. Notice to interested parties is given by legal advertisement in the local newspaper of general circulation at least 10 calendar days preceding the hearing date. Applications requiring public hearings include change of zoning, variances, use permits, and tentative maps. COUNCIL MEETINGS The City Council regularly meets the first and third Tuesdays of each month. These meetings are held in the Council Chamber of the Cupertino Community Hall, 10350 Torre Avenue, at 6:45 p.m. Closed sessions,when needed, are normally held at 6:00 p.m. Closed sessions cover items such as personnel, litigation, or the sale, purchase, or lease of property. Actions taken in closed sessions are not final until acted upon in public session. Urgent business , holidays, or election days may trigger special or adjourned meetings. These meetings will be noticed beforehand. AGENDAS, MINUTES, AND PACKETS AVAILABLE ON THE WEB Agendas, minutes, and packets for current and prior City Council and Planning Commission meetings are available at www.cupertino.org, or you can purchase the items on CD. CITY COUNCIL DECISION IS FINAL Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City's decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's office for more information or go to www. http://www.cupertino.org/index.aspx?page =125 for a reconsideration petition form. CITY OF CUPERTINO AGENDA CUPERTINO CITY COUNCIL 10300 and 10350 Torre Avenue Tuesday, June 16, 2015 5:30 PM Special Meeting Followed by Regular Meeting NOTICE AND CALL FOR A SPECIAL MEETING OF THE CUPERTINO CITY COUNCIL NOTICE IS HEREBY GIVEN that a special meeting of the Cupertino City Council is hereby called for Tuesday, June 16, 2015, commencing at 5:30 p.m. in City Hall Conference Room A, 10300 Torre Avenue, Cupertino, California. Said special meeting shall be for the purpose of 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 Legal Counsel -Anticipated Litigation: Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Gov't Code Section 54956.9. One case 2. Subject: Conference with Legal Counsel -Anticipated Litigation: Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Gov't Code Section 54956.9. One case 3. Subject: Conference with Real Property Negotiators pursuant to Gov't Code Section 54956.8. Property: Cupertino Municipal Water System. Agency negotiator: Tinirn Borden. Negotiating parties: City of Cupertino and San Jose Water Company. Under negotiation: Terms for City Leased Asset ADJOURNMENT CITPOFCUPERTINO Page I City Council AGENDA June 16, 2015 REGULAR MEETING PLEDGE OF ALLEGIANCE - 6:45 PM Community Hall Council Chamber, 10350 Torre Avenue ROLL CALL CEREMONIAL MATTERS AND PRESENTATIONS 1. Subject: a. Presentation to winners of the "Find the AED Contest" sponsored by Santa Clara County Fire Department in collaboration with the City of Cupertino, El Camino Hospital, and The PulsePoint Foundation; and b. Proclamation to Walter Huber who responded to the PulsePoint alert and saved a life Recommended Action: Make presentation and present proclamation 2. Subject: Presentation by Hsinchu Sister City Committee regarding recent trip Recommended Action: Receive presentation POSTPONEMENTS 3. Subject: General Plan and Housing Element Update fee that was originally noticed for June 2 and continued for tonight's agenda will be re -noticed to a future date Recommended Action: No formal COLInCil action needed 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 f 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. 4. Subject: Approve the May 26 City Council minutes Recommended Action: Approve the minutes A - Draft Minutes 5. Subject: Approve the June 2 City Council minutes CITY OF CUPERTINO Page 2 City Council AGENDA June 16, 2015 Recommended Action: Approve the minutes A - Draft Minutes 6. Subject: Resignation of Teen Commissioner Michaela Murphy and appointment from pool of applicants interviewed May 26 to fill the vacancy Recommended Action: Accept resignation of Teen Commissioner Michaela Murphy and appoint designated alternate member Pranav Jandhyala to fill partial one-year term vacancy ending June 2016 Staff Rem A - Michaela Murphy resignation email 7. Subject: Accept Accounts Payable for the period ending May 22, 2015 Recommended Action: Adopt Resolution No. 15-051 accepting Accounts Payable for the period ending May 22, 2015 A - Draft Resolution B - AP Report 8. Subject: Accept Accounts Payable for the period ending May 29, 2015 Recommended Action: Adopt Resolution No. 15-052 accepting Accounts Payable for the period ending May 29, 2015 A - Draft Resolution B - AP Report 9. Subject: Accept Accounts Payable for the period ending June 5, 2015 Recommended Action: Adopt. Resolution No. 15-053 accepting Accounts Payable for the period ending June 5, 2015 A - Draft Resolution B - AP Report 10. Subject: Approval of consultant services for environmental review for a Specific Plan and project in the Vallco Shopping District Planning Area. Recommended Action: Staff recommends that the City Council approve the following: 1. Authorize the City Manager to negotiate and execute a consultant agreement with David J. Powers and Associates, Inc. to provide services to the City that will result in the preparation of an Environmental Impact Reports (EIR) for the Council's consideration, for an amount not to exceed $754,305 (Attachment A) 2. Authorize the City Manager to approve Contract Change Orders (CCO) for Item 1 above to the extent that total expenditures do not exceed the total amount of the project budget Staff Report A. Scope of Work B. Letter from Reed Moulds Managina Director SHPCo dated June 4 2C CITY OF CUPERTINO Page 3 City Council AGENDA June 16, 2015 11. Subject: Application for Alcoholic Beverage License for Cypress Hotel & Park Place Restaurant & Bar, 10050 S De Anza Boulevard Recommended Action: Recommend approval of the Alcoholic Beverage License to the California Department of Alcoholic Beverage Control for Cypress Hotel & Park Place Restaurant & Bar, 10050 S De Anza Boulevard Staff Report A - Application 12. Subject: Application for Alcoholic Beverage License for Apple Green Bistro, 10885 N Wolfe Road Recommended Action: Application Green Bistro, 10885 N Wolfe Road Staff Report A - Application for Alcoholic Beverage License for Apple 13. Subject: Contractual Janitorial Services, Project No. 2015-23. Recommended Action: 1. Award contract for Janitorial Services, Project No. 2015-23, to IMPEC Group, Inc. in the amount of $592,308.76; 2. Authorize the City Manager to negotiate and execute an agreement with the County of Santa Clara to reimburse City for annual costs of $22,422.40 for additional janitorial services at the Library; and 3. Adopt Resolution No. 15-054 amending approved FY 15/16 Operating Budget by an additional amount of $181,000 for janitorial services Staff Report A - Draft Contract for Janitorial Services B - Draft Resolution to amend FY 15/16 Operating Budget 14. Subject: Approve a semi -rural designation eliminating the requirement for sidewalks on Tulita Court Recommended Action: Adopt Resolution No. 15-055 designating Tulia Court as semi -rural Staff Report A - Site Map B - Draft Resolution 15. Subject: 2015 Pavement Maintenance Project - Phase 2, Project No. 2015-24 Recommended Action: Authorize the City Manager to award a contract to VSS International, Inc., in the amount of $714,000 and approve a construction contingency of $71,400, for a total of $785,400 Staff Report A - List of Streets to Receive Pavement Maintenance Treatment B - Draft Contract CITY OF CUPERTINO Page 4 City Council AGENDA June 16, 2015 SECOND READING OF ORDINANCES 16. Subject: An ordinance amending Chapter 15.32 related to water conservation; adoption of a resolution with 2015-2016 regulations restricting water use; and adoption of a resolution amending FY 15/16 Operating Budget and authorizing execution of a Memorandum of Understanding (MOU) with the District for a landscape conversion rebate program Recommended Action: 1. Conduct the second reading and enact Ordinance No. 15-2131: "An Ordinance of the City of Cupertino amending Chapter 15.32 of Title 15 of the Cupertino Municipal Code relating to water conservation, prohibited uses of water, and regulations for water conservation;" 2. Adopt Resolution No. 15-056 with 2015-2016 regulations restricting water use; and 3. Adopt Resolution No. 15-057 amending approved FY 15/16 Operating Budget and authorizing the City Manager to execute a Memorandum of Understanding (MOU) with the District in an amount up to $75,000 for a landscape conversion rebate program Staff Report A - Chapter 15.32 Clean Version of Draft Ordinance B - Chapter 15.32 Red -Lined Version of Draft Ordinance C - Draft Resolution with 2015-16 Regulations Restricting Water Use D - Draft Resolution Memorandum of Understanding with the Santa Clam E - District Graywater Laundry to Landscape & Landscape Conversion R( PUBLIC HEARINGS 17. Subject: General Plan and Housing Element Update fee that was originally noticed for June 2 and continued for tonight's agenda will be re -noticed to a future date Recommended Action: No formal Council action needed ORDINANCES AND ACTION ITEMS 18. Subject: Designation of voting delegate and alternates for League of California Cities Annual Conference, September 30 - October 2, San Jose Recommended Action: Designate a voting delegate and up to two alternates Staff Report A - Conference Inforniation REPORTS BY COUNCIL AND STAFF 19. Subject: Report on Committee assignments and general comments CITY OF CUPERTINO Page 5 City Council AGENDA June 16, 2015 Recommended Action: Report on Committee assignments and general comments 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), 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 availablefor 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 City Council AGENDA June 16, 2015 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 mayor and a vice -mayor are selected by the City Council fora 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 II 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 forthis purpose. RESOLUTIONS Resolutions and minute orders are the means by which the City Council formally adopts policies or approves specific actions. These go into effect when adopted. APPEALS Any interested person, including a Council member, may appeal a Planning Commission or Director of Community Development decision to the City Council. An appeal must be submitted in writing to the City Clerk within 14 calendar days of the mailing of the notice of the decision. RECONSIDERATION Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City's decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's office for more information or go to www. http://www.cupertino.org/index.aspx?page=125 for a reconsideration petition form. COMMUNICATING WITH COUNCIL All Council members: citycouncil@cupertino.org Rod Sinks RSinks@cupertino.org (408) 777-3194 Barry Chang BChang@cupertino.org (408) 777-3192 Darcy Paul DPaul@cupertino.org (408) 777-3193 Gilbert Wong GWong@cupertino.org (408) 777-3191 Savita Vaidhyanathan SVaidhyanathan@cupertino.org (408) 777-3195 Council secretary KarenG@cupertino.org (408) 777-3212 City Hall www.cupertino.org (408) 777-CITY Please note: the City Council discourages submission of written materials on the day of the meeting as this does not provide enough time to give the materials fair evaluation. If you must provide written materials on the day of the meeting, as least one copy must be given to the City Clerk for the permanent record, and ten copies are preferred. NEWS AND NOTICES FROM CITY HALL EMAIL Sign up for e-mailed agendas, minutes, elections, and other items on the city website at www.cupertino.org, or fill out a Speaker Card at the meeting and check your categories of interest. TELEVISION The City Channel broadcasts City Council and Planning Commission meetings, as well as agenda previews, public service announcements, and other programs of community interest, on Channel 26 in Cupertino. The meetings are shown at these times: Tuesday (live) 6:45 p.m. Friday (replay) 10:00 a.m. Thursday (replay) 7:00 p.m. Saturday (replay) 9:00 a.m. INTERNET City Council and Planning Commission videos are available on demand at www.cupertino.org. Click "View meetings online." You can also use iTunes to listen online or download podcasts of City Council meetings . iTunes is a free software program available for Mac and PC users. Occasionally, news and community information is also available at www.Twitter.com/CupertinoCom I AUDIO f 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 AMENDED AGENDA OF THE CITY COUNCIL TUESDAY, JUNE 16, 2015 Special Meeting 5:30 PM Regular Meeting 6:45 PM Savita Vaidhyanathan Rod SinksMaor Barry Chang Gilbert Wong Council Member y Vice Mayor Darcy Paul Council Member Council Member Carol Korade Grace Schmidt City Attorney City Clerk David Brandt • • • • City Manager • • Staff Staff • STATE OF ORN ) • • ) SS. Staff • COUNTY OF SANTA LEA a ) I, -s—a , AN ENIPLOYEE OF THE CITY OF CUPERTI1NIO F40— _c�2f� DEPART 1VIENT, STATE UNDER PENALTY OF Speaker's PERJURY THAT ON (DATE) & b i 11 s Podium (TIME) S .` L Y- f,yj , I PERSONALLY POSTED THE NOTICE%AGENDA ON TIIE BULLETIN BOARD ATCITY MALL. DATE SIGN' URE COMMUNITY HALL COUNCIL CHAMBER 10350 Toile Avenue, Cupertino, California 95014 (408) 777-3200 (City Hall) w'ww cupertino.org CONDUCT OF BUSINESS The Mayor is the presiding officer of the City Council. Any member of the public may speak on any item on the agenda for up to three minutes. All statements and questions must be addressed to the Mayor. City Council hearings serve as a venue for the discussion of sometimes divergent points of view. Please respect the opinions of others and refrain from outward expressions of emotions such as cheering or clapping. Such behavior delays the meeting and may intimidate other persons wishing to express alternate views. Loud, unruly outbursts will result in removal from the meeting. The proceedings of the meeting are recorded on audiotape and videotape; therefore, members of the audience who address the City Council must come to the lectern/microphone, and are requested to complete a Speaker Card and identify themselves. FLOWCHART FOR AGENDA ITEMS: Mayor introduces agenda item 1 Staff reports and makes recommendation 1 Applicant makes presentation (up to 10 mins.) 1 Mayor invites members of the public to speak about the agenda item 1 Mayor closes the hearing City Council votes on the agenda item Council members report any site visits or outside communications Council members ask questions Council members ask questions Speakers submit a Request to Speak card, and are allowed up to 3 minutes per individual, or up to 10 minutes per group. Council members may ask questions of speakers. A Council member makes a motion and obtains a second. The City Council then discusses the motion(s) and votes. PUBLIC HEARINGS The City Council is required by law to hold public hearings on certain matters prior to making its decision. Notice to interested parties is given by legal advertisement in the local newspaper of general circulation at least 10 calendar days preceding the hearing date. Applications requiring public hearings include change of zoning, variances, use permits, and tentative maps. COUNCIL MEETINGS The City Council regularly meets the first and third Tuesdays of each month. These meetings are held in the Council Chamber of the Cupertino Community Hall, 10350 Torre Avenue, at 6:45 p.m. Closed sessions,when needed, are normally held at 6:00 p.m. Closed sessions cover items such as personnel, litigation, or the sale, purchase, or lease of property. Actions taken in closed sessions are not final until acted upon in public session. Urgent business , holidays, or election days may trigger special or adjourned meetings. These meetings will be noticed beforehand. AGENDAS, MINUTES, AND PACKETS AVAILABLE ON THE WEB Agendas, minutes, and packets for current and prior City Council and Planning Commission meetings are available at www.cupertino.org, or you can purchase the items on CD. CITY COUNCIL DECISION IS FINAL Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City's decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's office for more information or go to www. http://www.cupertino.org/index.aspx?page =125 for a reconsideration petition form. CITY OF CUPERTINO AGENDA CUPERTINO CITY COUNCIL 10300 and 10350 Torre Avenue Tuesday, June 16, 2015 5:30 PM AMENDED Special Meeting Followed by Regular Meeting Amended on 6/11/15 at 4:35 p.m. to add new Regular Meeting Item No. 15a. 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, June 16, 2015, commencing at 5:30 p.m. in City Hall Conference Room A, 10300 Torre Avenue, Cupertino, California. Said special meeting shall be for the purpose of 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 Legal Counsel -Anticipated Litigation: Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Gov't Code Section 54956.9. One case 2. Subject: Conference with Legal Counsel -Anticipated Litigation: Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Gov't Code Section 54956.9. One case 3. Subject: Conference with Real Property Negotiators pursuant to Gov't Code Section 54956.8. Property: Cupertino Municipal Water System. Agency negotiator: Timm Borden. Negotiating parties: City of Cupertino and San Jose Water Company. Under negotiation: Terms for City Leased Asset CIT3"OFCUPERTINO Page I City Council AGENDA June 16, 2015 ADJOURNMENT REGULAR MEETING PLEDGE OF ALLEGIANCE - 6:45 PM Community Hall Council Chamber,10350 Torre Avenue ROLL CALL CEREMONIAL MATTERS AND PRESENTATIONS 1. Subject: a. Presentation to wimlers of the "Find the AED Contest" sponsored by Santa Clara County Fire Department in collaboration with the City of Cupertino, El Camino Hospital, and The PulsePoint Foundation; and b. Proclamation to Walter Huber who responded to the PulsePoint alert and saved a life Recommended Action: Make presentation and present proclamation 2. Subject: Presentation by Hsinchu Sister City Committee regarding recent trip Recommended Action: Receive presentation POSTPONEMENTS 3. Subject: General Plan and Housing Element Update fee that was originally noticed for June 2 and continued for tonight's agenda will be re -noticed to a future date Recommended Action: No formal Council action needed 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 26 City Council minutes Recommended Action: Approve the minutes A - Draft Minutes CITY OF CUPERTINO Page 2 City Council AGENDA June 16, 2015 5. Subject: Approve the June 2 City Council minutes Recommended Action: Approve the minutes A - Draft Minutes 6. Subject: Resignation of Teen Commissioner Michaela Murphy and appointment from pool of applicants interviewed May 26 to fill the vacancy Recommended Action: Accept resignation of Teen Commissioner Michaela Murphy and appoint designated alternate member Pranav Jandhyala to fill partial one-year term vacancy ending June 2016 Staff Report A - Michaela Murphy resignation email 7. Subject: Accept Accounts Payable for the period ending May 22, 2015 Recommended Action: Adopt Resolution No. 15-051 accepting Accounts Payable for the period ending May 22, 2015 A - Draft Resolution B - AP Rep 8. Subject: Accept Accounts Payable for the period ending May 29, 2015 Recommended Action: Adopt Resolution No. 15-052 acceptiii- Accounts Payable for the period ending May 29, 2015 A - Draft Resolution B - AP Report 9. Subject: Accept Accounts Payable for the period ending June 5, 2015 Recommended Action: Adopt Resolution No. 15-053 accepting Accounts Payable for the period ending June 5, 2015 A - Draft Resolution B - AP Report 10. Subject: Approval of consultant services for environmental review for a Specific Plan and project in the Vallco Shopping District Planning Area. Recommended Action: Staff recommends that the City Council approve the following: 1. Authorize the City Manager to negotiate and execute a consultant agreement with David J. Powers and Associates, Inc. to provide services to the City that will result in the preparation of an Environmental Impact Reports (EIR) for the Council's consideration, for an amount not to exceed $754,305 (Attachment A) 2. Authorize the City Manager to approve Contract Change Orders (CCO) for Item 1 above to the extent that total expenditures do not exceed the total amount of the project budget CITY OF CUPERTINO Page 3 City Council AGENDA June 16, 2015 Staff Report A. Scone of Work B. Letter from Reed Moulds, Managing Director, SHPCo dated June 4, 2C 11. Subject: Application for Alcoholic Beverage License for Cypress Hotel & Park Place Restaurant & Bar, 10050 S De Anza Boulevard Recommended Action: Recommend approval of the Alcoholic Beverage License to the California Department of Alcoholic Beverage Control for Cypress Hotel & Park Place Restaurant & Bar, 10050 S De Anza Boulevard Staff Report A - Application 12. Subject: Application for Alcoholic Beverage License for Apple Green Bistro, 10885 N Wolfe Road Recommended Action: Application for Alcoholic Beverage License for Apple Green Bistro, 10885 N Wolfe Road Staff Report A - Application 13. Subject: Contractual Janitorial Services, Project No. 2015-23. Recommended Action: 1. Award contract for Janitorial Services, Project No. 2015-23, to IMPEC Group, Inc. in the amount of $592,308.76; 2. Authorize the City Manager to negotiate and execute an agreement with the County of Santa Clara to reimburse City for annual costs of $22,422.40 for additional janitorial services at the Library; and 3. Adopt Resolution No. 15-054 amending approved FY 15/16 Operating Budget by an additional amount of $181,000 for janitorial services Staff Report A - Draft Contract for Janitorial Services B - Draft Resolution to amend FY 15/16 Operating Budget 14. Subject: Approve a semi -rural designation eliminating the requirement for sidewalks on Tulita Court Recommended Action: Adopt Resolution No. 15-055 designating Tulia Court as semi -rural Staff Report A - Site Man B - Draft Resolution 15. Subject: 2015 Pavement Maintenance Project - Phase 2, Project No. 2015-24 Recommended Action: Authorize the City Manager to award a contract to VSS International, Inc., in the amount of $714,000 and approve a construction contingency of $71,400, for a total of $785,400 CITY OF CUPERTINO Page 4 City Council AGENDA June 16, 2015 Staff Report A - List of Streets to Receive Pavement Maintenance Treatment B - Draft Contract 15a. Subject: Execute the First Amendment to the Agreement between City of Cupertino and Professional Turf Management, Inc. for Blackberry Farm Golf Course Maintenance Recommended Action: Authorize the City Manager to execute the First Amendment to the Agreement between City of Cupertino and Professional Turf Management, Inc. for Blackberry Farm Golf Course Maintenance Staff Report A - First Amendment B - Existing Agreement SECOND READING OF ORDINANCES 16. Subject: An ordinance amending Chapter 15.32 related to water conservation; adoption of a resolution with 2015-2016 regulations restricting water use; and adoption of a resolution amending FY 15/16 Operating Budget and authorizing execution of a Memorandum of Understanding (MOU) with the District for a landscape conversion rebate program Recommended Action: 1. Conduct the second reading and enact Ordinance No. 15-2131: "An Ordinance of the City of Cupertino amending Chapter 15.32 of Title 15 of the Cupertino Municipal Code relating to water conservation, prohibited uses of water, and regulations for water conservation;" 2. Adopt Resolution No. 15-056 with 2015-2016 regulations restricting water use; and 3. Adopt Resolution No. 15-057 amending approved FY 15/16 Operating Budget and authorizing the City Manager to execute a Memorandum of Understanding (MOU) with the District in an amount up to $75,000 for a landscape conversion rebate program Staff Report A - Chapter 15.32 Clean Version of Draft Ordinance B - Chapter 15.32 Red -Lined Version of Draft Ordinance C - Draft Resolution with 2015-16 Regulations Restricting Water Use D - Draft Resolution Memorandum of Understanding with the Santa Clam E - District Graywater Laundry to Landscape & Landscape Conversion R( PUBLIC HEARINGS 17. Subject: General Plan and Housing Element Update fee that was originally noticed for June 2 and continued for tonight's agenda will be re -noticed to a future date CITY OF CUPERTINO Page 5 City Council AGENDA June 16, 2015 Recommended Action: No formal Council action needed ORDINANCES AND ACTION ITEMS 18. Subject: Designation of voting delegate and alternates for League of California Cities Annual Conference, September 30 - October 2, San Jose Recommended Action: Designate a voting delegate and up to two alternates Staff Re port A - Conference Infonnation REPORTS BY COUNCIL AND STAFF 19. Subiect: Report on Committee assignments and general comments Recommended Action: Report on Committee assignments and general comments ADJOURNMENT CITYOFCUPERTINO Page 6 City Council AGENDA June 16, 2015 The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6; litigation challenging a final decision of the City Council must be brought within 90 days after a decision is announced unless a shorter time is required by State or Federal law. Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City's decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's office for more information or go to http://www.cupertino.orglindex.aspx?page=125for a reconsideration petition form. In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend the next City Council meeting who is visually or hearing impaired or has any disability that needs special assistance should call the City Clerk's Office at 408-777-3223, 48 hours in advance of the Council meeting to arrange for assistance. Upon request, in advance, by a person with a disability, City Council meeting agendas and writings distributed for the meeting that are public records will be made available in the appropriate alternative format. Also upon request, in advance, an assistive listening device can be made available for use during the meeting. Any writings or documents provided to a majority of the Cupertino City Council after publication of the packet will be made available for public inspection in the City Clerk's Office located at City Hall, 10300 Torre Avenue, during normal business hours and in Council packet archives linked from the agenda/minutes page on the Cupertino web site. Members of the public are entitled to address the City Council concerning any item that is described in the notice or agenda for this meeting, before or during consideration of that item. If you wish to address the Council on any issue that is on this agenda, please complete a speaker request card located in front of the Council, and deliver it to the Clerk prior to discussion of the item. When you are called, proceed to the podium and the Mayor will recognize you. If you wish to address the City Council on any other item not on the agenda, you may do so by _during the public comment portion of the meeting following the same procedure described above. Please limit your comments to three (3) minutes or less. CITY OF CUPERTINO Page 7 THE CITY COUNCIL AND STAFF CITY COUNCIL Cupertino is a General Law city organized under and subject to statutes of the State of California. It is governed by the five -member City Council with the Mayor as the presiding officer. City Council members are elected at -large to four-year, overlapping terms. Each November a mayor and a vice -mayor are selected by the City Council for a one-year term. The City Council receives advice and assistance from nine commissions, which are appointed by the Council. These are the Bicycle Pedestrian Commission, Fine Arts Commission, Cupertino Housing Commission, Library Commission, Parks and Recreation Commission, Planning Commission, Public Safety Commission, Teen Commission, and the Technology, Information, and Communications Commission. Council members also serve on a variety of regional bodies, including: Association of Bay Area Governments League of California Cities Santa Clara County (SCC) Cities Association SCC Emergency Preparedness Council SCC Library District SCC Emergency Preparedness Commission Santa Clara Valley Water Commission and Water District SCC Transportation Authority West Valley Mayors and Managers STAFF The City Manager and the City Attorney are appointed by the Council. The City Manager is responsible for interpreting and carrying out Council policies and direction, and as the chief administrative officer, the City Manager coordinates the many activities of the city and appoints the professional and technical staff. The City Attorney is the advisor to the City Council as a whole. TYPES OF COUNCIL ACTIONS ORDINANCES Ordinances are the means by which the City enacts its local laws. Unless an urgent situation exists, ordinances will first be presented at a Council meeting as a "first reading." At a subsequent Council meeting, there will be a "second reading and adoption." Ordinances go into effect after a waiting period of thirty days, in most cases, during which time the summary of the ordinance is published in a local newspaper approved for this purpose. RESOLUTIONS Resolutions and minute orders are the means by which the City Council formally adopts policies or approves specific actions. These go into effect when adopted. APPEALS Any interested person, including a Council member, may appeal a Planning Commission or Director of Community Development decision to the City Council. An appeal must be submitted in writing to the City Clerk within 14 calendar days of the mailing of the notice of the decision. RECONSIDERATION Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City's decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's office for more information or go to www. http://www.cupertino.org/index.aspx?page=125 for a reconsideration petition form. COMMUNICATING WITH COUNCIL All Council members Rod Sinks Barry Chang Darcy Paul Gilbert Wong Savita Vaidhyanathan Council secretary City Hall citycouncil@cupertino.org RSinks@cupertino.org (408) 777-3194 BChang@cupertino.org (408) 777-3192 DPaul@cupertino.org (408) 777-3193 GWong@cupertino.org (408) 777-3191 SVaidhyanathan@cupertino.org (408) 777-3195 KarenG@cupertino.org (408) 777-3212 www.cupertino.org (408) 777-CITY Please note: the City Council discourages submission of written materials on the day of the meeting as this does not provide enough time to give the materials fair evaluation. If you must provide written materials on the day of the meeting, as least one copy must be given to the City Clerk for the permanent record, and ten copies are preferred. NEWS AND NOTICES FROM CITY HALL EMAIL Sign up for e-mailed agendas, minutes, elections, and other items on the city website at www.cupertino.org, or fill out a Speaker Card at the meeting and check your categories of interest. TELEVISION The City Channel broadcasts City Council and Planning Commission meetings, as well as agenda previews, public service announcements, and other programs of community interest, on Channel 26 in Cupertino. The meetings are shown at these times: Tuesday (live) 6:45 p.m. Friday (replay) 10:00 a.m. Thursday (replay) 7:00 p.m. Saturday (replay) 9:00 a.m. INTERNET City Council and Planning Commission videos are available on demand at www.cupertino.org, Click "View meetings online." You can also use iTunes to listen online or download podcasts of City Council meetings . iTunes is a free software program available for Mac and PC users. Occasionally, news and community information is also available at www.Twitter.com/CupertinoCom AUDIO Tune into Radio Cupertino, 1670 AM, for meeting announcements, public service messages, and emergency announcements. USEFUL TELEPHONE NUMBERS City of Cupertino (City Hall) General Information and Comments (408) 777-CITY Fire (Emergency) Santa Clara County Fire Dept. dispatch 911 Fire (Non -Emergency) Santa Clara County Fire Dept. (408) 378-4010 Garbage Recology South Bay (408) 725-4020 Gas & Electricity Pacific Gas & Electric (PG&E) 1-800-743-5000 Parks & Recreation Quinlan Community Center (408) 777-3120 Police (Emergency) Santa Clara County Sheriff dispatch 911 Police (Non -Emergency) Santa Clara County Sheriff (408) 868-6600 Public Health Santa Clara County Public Health (408) 732-3720 Sanitary Sewers Cupertino Sanitary District (408) 253-7071 Water San Jose Water (408) 279-7900 California Water (650) 917-0152 CUPERTINO AGENDA OF THE CITY COUNCIL TUESDAY, JUNE 30,2015 Special Meeting 6:45 PM Savita Vaidhyanathan Gilbert Wong Council Member Council Member Carol Korade City Attorney David Brandt 0 0 City Manager 50 -- Staff • • / Staff • Rod Sinks Mayor Barry Chang Vice Mayor Darcy Paul Council Member Grace 'Schmidt City � Clerk • 0 Staff STATE OF Staf) Ss. 1, j , AN E, F-01 �4` ,-1 'EE OF TI'E CITY OF CUPER INO L!�. - DEPART - Speaker's STATE LINDER PENLTY OF PodiuM 7 DATE) 2-Y It -5 i7JRYTHAT ON it I PERSONALLY SrF-) Td-E� ON THE i LLET'IN B0Ai'11---D A-f CITY HALL. V., COPNTY OF SANTA 10350 95014 (408) 777-3200 (City Hall) wwwxupertino.org COMMUNITY HALL COUNCIL CHAMBER Torre Avenue, Cupertino, California 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.) It Mayor invites members of the public to speak about the agenda item 1 Mayor closes the hearing 1 City Council votes on the agenda item Council members report any site visits or outside communications Council members ask questions Council members ask questions Speakers submit a Request to Speak card, and are allowed up to 3 minutes per individual, or up to 10 minutes per group. Council members may ask questions of speakers. A Council member makes a motion and obtains a second. The City Council then discusses the motion(s) and votes. PUBLIC HEARINGS The City Council is required by law to hold public hearings on certain matters prior to making its decision. Notice to interested parties is given by legal advertisement in the local newspaper of general circulation at least 10 calendar days preceding the hearing date. Applications requiring public hearings include change of zoning, variances, use permits, and tentative maps. COUNCIL MEETINGS The City Council regularly meets the first and third Tuesdays of each month. These meetings are held in the Council Chamber of the Cupertino Community Hall, 10350 Torre Avenue, at 6:45 p.m. Closed sessions,when needed, are normally held at 6:00 p.m. Closed sessions cover items such as personnel, litigation, or the sale , purchase, or lease of property. Actions taken in closed sessions are not final until acted upon in public session. Urgent business , holidays, or election days may trigger special or adjourned meetings. These meetings will be noticed beforehand. AGENDAS, MINUTES, AND PACKETS AVAILABLE ON THE WEB Agendas, minutes, and packets for current and prior City Council and Planning Commission meetings are available at www.cupertino.org, or you can purchase the items on CD. CITY COUNCIL DECISION IS FINAL Prior to 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. CITY OF CUPERTINO AGENDA CUPERTINO CITY COUNCIL 10350 Torre Avenue, Council Chamber Tuesday, June 30, 2015 6:45 PM Special Meeting - Study Session NOTICE AND CALL FOR A SPECIAL MEETING OF THE CUPERTINO CITY COUNCIL NOTICE IS HEREBY GIVEN that a special meeting of the Cupertino City Council is hereby called for Tuesday, June 30, 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 STUDY SESSION 1. Subject: Study Session on policy for processing General Plan Amendment applications Recommended Action: Conduct study session and comment on the proposed procedures for processing General Plan amendment applications (Attachment A) Description: Application No(s).: CP-2015-02, Applicant(s): City of Cupertino, Location: citywide, Policy for processing General Plan Amendment applications Staff Report A - Proposed procedures for Processing General Plan Amendment applica B - May 19 2015 City Council Staff Report C - White Paper on Development Management Programs dated May 8 20 D - Supplemental White Paper on specific Development Management Pro E - Comparison of Current and Proposed Procedures for Processing Gene ORAL COMMUNICATIONS CITYOFCUPERTINO Page I City Council AGENDA June 30, 2015 This portion of the meeting is reserved for persons wishing to address the council on any matter not on the agenda. Speakers are limited to three (3) minutes. In most cases, State law will prohibit the council from making any decisions with respect to a matter not listed on the agenda. ADJOURNMENT CITY OF CUPERT/NO Page 2 City Council AGENDA June 30, 2015 The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6; litigation challenging a final decision of the City Council must be brought within 90 days after a decision is announced unless a shorter time is required by State or Federal law. Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City's decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's office for more information or go to http://www.cupertino.orglindex.aspx?page=125for a reconsideration petition form. In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend the next City Council meeting who is visually or hearing impaired or has any disability that needs special assistance should call the City Clerk's Office at 408-777-3223, 48 hours in advance of the Council meeting to arrange for assistance. Upon request, in advance, by a person with a disability, City Council meeting agendas and writings distributed for the meeting that are public records will be made available in the appropriate alternative format. Also upon request, in advance, an assistive listening device can be made available for use during the meeting. Any writings or documents provided to a majority of the Cupertino City Council after publication of the packet will be made available for public inspection in the City Clerk's Office located at City Hall, 10300 Torre Avenue, during normal business hours and in Council packet archives linked from the agenda/minutes page on the Cupertino web site. Members of the public are entitled to address the City Council concerning any item that is described in the notice or agenda for this meeting, before or during consideration of that item. If you wish to address the Council on any issue that is on this agenda, please complete a speaker request card located in front of the Council, and deliver it to the Clerk prior to discussion of the item. When you are called, proceed to the podium and the Mayor will recognize you. If you wish to address the City Council on any other item not on the agenda, you may do so by during the public comment portion of the meeting following the same procedure described above. Please limit your comments to three (3) minutes or less. CITY OF CUPERTINO Page 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 Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City's decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's office for more information or go to www. http://www.cupertino.org/index.aspx?page=125 for a reconsideration petition form. COMMUNICATING WITH COUNCIL All Council members: citycouncil@cupertino.org Rod Sinks RSinks@cupertino.org (408) 777-3194 Barry Chang BChang@cupertino.org (408) 777-3192 Darcy Paul DPaul@cupertino.org (408) 777-3193 Gilbert Wong GWong@cupertino.org (408) 777-3191 Savita Vaidhyanathan SVaidhyanathan@cupertino.org (408) 777-3195 Council secretary KarenG@cupertino.org (408) 777-3212 City Hall www.cupertino.org (408) 777-CITY Please note: the City Council discourages submission of written materials on the day of the meeting as this does not provide enough time to give the materials fair evaluation. If you must provide written materials on the day of the meeting, as least one copy must be given to the City Clerk for the permanent record, and ten copies are preferred. NEWS AND NOTICES FROM CITY HALL EMAIL Sign up for e-mailed agendas, minutes, elections, and other items on the city website at www.cupertino.org, or fill out a Speaker Card at the meeting and check your categories of interest. TELEVISION The City Channel broadcasts City Council and Planning Commission meetings, as well as agenda previews, public service announcements, and other programs of community interest, on Channel 26 in Cupertino. The meetings are shown at these times: Tuesday (live) 6:45 p.m. Friday (replay) 10:00 a.m. Thursday (replay) 7:00 p.m. Saturday (replay) 9:00 a.m. k 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 f Water San Jose Water (408) 279-7900 California Water (650) 917-0152