HomeMy WebLinkAboutCity Council - May 2015CUPERTINO
AGENDA OF THE CITY COUNCIL
TUESDAY, MAY 512015
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
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Staff
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COMMUNITY HALL COUNCIL CHAMBER
10350 Torre Avenue, Cupertino, California 95014
(408) 777-3200 (City Hall)
www.cupertino.org
CONDUCT OF BUSINESS
The Mayor is the presiding officer of the City Council. Any member of the
public may speak on any item on the agenda for up to three minutes. All
statements and questions must be addressed to the Mayor.
City Council hearings serve as avenue for the discussion of sometimes
divergent points of view. Please respect the opinions of others and refrain
from outward expressions of emotions such as cheering or clapping. Such
behavior delays the meeting and may intimidate other persons wishing to
express alternate views. Loud, unruly outbursts will result in removal from
the meeting.
The proceedings of the meeting are recorded on audiotape and videotape;
therefore, members of the audience who address the City Council must come
to the lectern/microphone, and are requested to complete a Speaker Card
and identify themselves.
FLOWCHART FOR AGENDA ITEMS:
Mayor introduces
agenda item
Staff reports and makes
, f
recommendation
Applicant
makes
presentation
(up to 10 mins.)
-
Mayor invites members of
the public to speak about
[
the agenda item
1
Mayor closes the hearing
1
City Council
votes on the
agenda item
Council members report any site visits
or outside communications
Council members ask questions
Council members ask questions
Speakers submit a Request to
Speak card, and are allowed up to
3 minutes per individual, or up to
10 minutes per group. Council
members may ask questions of
speakers.
A Council member makes a motion
and obtains a second.
The City Council then discusses the
motion(s) and votes.
PUBLIC HEARINGS
The City Council is required by law to hold
public hearings on certain matters prior to
making its decision. Notice to interested
parties is given by legal advertisement in
the local newspaper of general circulation
at least 10 calendar days preceding the
hearing date. Applications requiring public
hearings include change of zoning,
variances, use permits, and tentative maps.
COUNCIL MEETINGS
The City Council regularly meets the first
and third Tuesdays of each month. These
meetings are held in the Council Chamber
of the Cupertino Community Hall, 10350
Torre Avenue, at 6:45 p.m. Closed
sessions,when needed, are normally held at
6:00 p.m. Closed sessions cover items such
as personnel, litigation, or the sale ,
purchase, or lease of property. Actions
taken in closed sessions are not final until
acted upon in public session.
Urgent business, holidays, or election days
may trigger special or adjourned meetings.
These meetings will be noticed beforehand.
AGENDAS, MINUTES, AND PACKETS
AVAILABLE ON THE WEB
Agendas, minutes, and packets for current
and prior City Council and Planning
Commission meetings are available at
www.cupertino.org, or you can purchase
the items on CD.
CITY COUNCIL DECISION IS FINAL
Prior to seeking judicial review of any
adjudicatory (quasi-judicial) decision,
interested persons must file a petition for
reconsideration within ten calendar days of
the date the City Clerk mails notice of the
City's decision. Reconsideration petitions
must comply with the requirements of
Cupertino Municipal Code §2.08.096.
Contact the City Clerk's office for more
information or go to www.
http://www.cupertino.org/index.aspx?page
=125 for a reconsideration petition form.
CITY OF CUPERTINO
AGENDA
CUPERTINO CITY COUNCIL
10350 Torre Avenue, Council Chamber
Tuesday, May 5, 2015
6:45 PM
PLEDGE OF ALLEGIANCE
ROLL CALL
CEREMONIAL MATTERS AND PRESENTATIONS
1. Subject: Annual update from Teen 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.
2. Subject: Approve the April 21 City Council minutes
Recommended Action: Approve minutes
A - Draft Minutes
3. Subject: As part of a reorganization of Public Works' mechanic shop, add a Lead
Equipment Mechanic classification to the City's classification plan
Recommended Action: Adopt Resolution No. 15-032 authorizing the City Manager
to add a Lead Equipment Mechanic classification to the City's classification plan
CITY OF CUPERTINO Page 1
City Council AGENDA May 5, 2015
Staff Report
A - Lead Mechanic position description
B - Proposed Lead Mechanic Salary Rangy
C - Draft Resolution
4. Subject: Declare brush to be a public nuisance and potential fire hazard and set
hearing for June 2 for objections to proposed removal
Recommended Action: Adopt Resolution No. 15-033 declaring brush to be a public
nuisance and potential fire hazard and setting the hearing date for June 2
Staff Report
A - Draft Resoution
5. Subject: Joint Exercise of Powers Agreement: Workforce Development Services
for the North Valley ("NOVA") Job Training Consortium
Recommended Action: Authorize the City Manager to execute a Joint Exercise of
Powers Agreement: Workforce Development Services for the North Valley
("NOVA") Job Training Consortium to include the addition of San Mateo County.
Staff Report
A - Joint Exercise of Powers Agreement
6. Subject: Annual approval and renewal of the collection of existing storm drain
fees at no increase in rates for fiscal year 2015-2016
Recommended Action: Adopt Resolution No. 15-035 approving the annual renewal
of the collection of existing storm drain fees at no increase in rates for fiscal year
2015-2016
Staff Report
A - Draft Resolution
7. Subject: Agreement between the City of Cupertino and Pavement Engineering,
Inc. for consultant services on various street improvement projects
Recommended Action: Approve an Agreement between the City of Cupertino and
Pavement Engineering, Inc. (PEI) in the amount not to exceed $431,000 from the
date of execution through June 30, 2016, and authorize the Director of Public Works
to execute all necessary documents to carry out all phases of the various street
improvement projects
Staff Report
A - Master A,reement with Exhibits
SECOND READING OF ORDINANCES
PUBLIC HEARINGS
8. Subject: Nexus Study, Housing Mitigation Fees and Procedural Manual Updates
CITY OF CUPERTINO Page 2
City Council AGENDA May 5, 2015
Recommended Action: The Housing Commission recommends that the City Council
adopt the proposed housing mitigation fees for residential and non-residential
development per draft Resolution No. 15-036 (Attachment A); and adopt the updated
Below Market Rate (BMR) Housing Mitigation Program Procedural Manual per
draft Resolution No. 15-037 (Attachment B).
Staff Report
A - Draft Resolution 15-036
B -Draft Resolution 15-037
C - Housing Commission Staff Report
D - Summary & Recommendations Report
E - Residential Nexus Analysis
F - Non -Residential Nexus Analysis
G - Public Comments
H - KMA Response Letter to B1A
9. Subject: Fiscal Year 2015-16 Fee Schedule
Recommended Action: Adopt Resolution No. 15-038 approving the 2015-16 Fee
Schedule
Staff Report
A - Draft Resolution
B - Proposed Fee Schedule A — General
C - Proposed Fee Schedule B — Engineering
D - .Proposed Fee Schedule C — Planning
E - Proposed Fee Schedule D — Building
F - Proposed Fee Schedule E — Recreation
10. Subject: Appeal of a Planning Commission approval of a proposed 15 unit
apartment development on Foothill Boulevard (continued from April 7)
Recommended Action: Hear the appeal and uphold the Planning Commission
decision to approve the project and adopt Draft Resolution No. 15-022
(DP-2014-08), Draft Resolution No. 15-023 (ASA-2014-13) and Draft Resolution
No. 15-024 (TR-2014-60)
Description:
Application(s): DP-2014-08, ASA-2014-13, TR-2014-60; Appellant(s): Bo & Hyung
Chang, Kalyan & Meera Ramanathan, Doris DeFranco, Kate & Alan Brauner, Ying
Lu, Wei Kuo Chang, Amber East-D'Anna;Applicant(s): Terry Brown (D&B Legacy,
LLC); Location: 10310 N Foothill Blvd (APN #326-15-096); Appeal of a Planning
Commission approval of a Development Permit to allow the construction of a
two-story 15 unit apartment complex;Architectural and Site approval to allow the
construction of a 15 unit apartment complex housed within 3, two-story buildings
with underground parking;Tree Removal Permit to allow the removal and
replacement of 6 trees to facilitate the construction of a new apartment complex
CITY OF CUPERTINO Page 3
City Council AGENDA May 5, 2015
Staff Report
A - Draft Resolution DP-2014-08
B _ Draft Resolution ASA-2014-13
C - Draft Resolution TR-2014-60
D - Planning Commission Staff Report dated February 10, 2015
E - City Council Staff Report Dated April 7, 2015
F - Revised Plan Sets
G - Sight Line Analysis (Hexagon Transportation Consultants, Inc.) dated
H - Video Analysis Hexagon Transportation Consultants)
1- Supplemental Tree Report from Michael Bench, dated April 15, 2015
J — Categorical Exemption memo (LSA Associates, Inc.) dated April 28,
ORDINANCES AND ACTION ITEMS
11. Subject: Architectural and Site Approval for the Major Retail and Shop 6
buildings, the Public Park, and Gateway Features with associated site
improvements at Main Street Cupertino (re -noticed from April 7)
Recommended Action: That the City Council adopt Resolution No. 15-039
approving ASA-2014-11 for the Major Retail and Shop 6 buildings; adopt
Resolution No. 15-040 approving ASA-2015-05 for a minimum 0.75 acre public
park; and adopt Resolution No. 15-041 approving ASA-2014-16 for gateway
features
Description: Application No(s): ASA-2014-11, ASA-2014-16, ASA-2015-05;
Applicant(s): Dean Isaacs Sand Hill Property Company, Main Street Cupertino
Aggregator, LLC; Location: 19479 & 19499 Stevens Creek Blvd, city boundary at
Tantau Avenue and Stevens Creek Boulevard; Architectural and Site approval for
final refinements to the previously approved major retail and Shops 6 buildings for
the Main Street Cupertino project; Architectural and Site approval for final
refinements to the previously approved .75 acre park for the Main Street Cupertino
project; Architectural and Site approval for a proposed gateway feature near the
intersection of Tantau Avenue and Stevens Creek Boulevard
Staff Report
A - Draft Reso for ASA-2014-11
B - Draft Reso for ASA-2014-16
C - Draft Reso for ASA-2015-05
D -Approved Resolution No. 12-098
E - .Plan Set for Major Retail and Shop 6
F - Plan Set for Public Park
G - Park and Recreation Meeting Minutes
H - Park and Recreation Staff Report
I - Plan Set for Gateway Feature
J - Letter from Architect, architectural style selection
CITY OF CUPERTINO Page 4
City Council AGENDA May 5, 2015
12. Subject: Amendments to Chapter 6.24 to require the collection of business
generated organic waste consistent with the diversion goals required of the State
and as established in the amended Franchise Agreement; and amendments to
Chapter 9.16 to ensure adequate areas are available to separate and store solid
waste
Recommended Action: Conduct the first reading of Ordinance No. 15-2130: "An
Ordinance of the City of Cupertino amending Chapter 6.24 of Title 6 and Chapter
9.16 of Title 9 of the Cupertino Municipal Code relating to solid waste including
organic waste"
Staff Report
A - Draft Ordinance - Redline Version
B - Draft Ordinance - Clean Version
C - Chamber of Commerce Support Letter
D - Other Agencies' Organics Programs
REPORTS BY COUNCIL AND STAFF
13. Subject: 2015 Cupertino Water Conservation Update and Proposed Water
Conservation Policy for City Operations
Recommended Action: Receive staff presentation on continued drought State of
Emergency including emergency conservation regulations recommended by the
Santa Clara Valley Water District (SCVWD) and potentially required water
conservation reductions by the California Public Utilities Commission (CPUC) to
Cupertino water retailers; and provide input to staff on proposed water conservation
policy for City operations
Staff Report
A - SWRCB Draft Rea. lmnlementinQ 25% Conservation Fact Sheet
B - SWRCB Proposed Text of EnierjZency Reg_
C - SWRCB 2015 Emergency Reg. FAQ
D - Cityof Cupertino Water Conservation Use Policy
14. Subject: Construction Project Update Report
Recommended Action: Receive Construction Update Report
15. Subject: Annual Report on the Pavement Management Program
Recommended Action: Review the report. No action is required
Staff Report
A - Proposed Pavement Projects FY 15/16
B - Completed/Scheduled Pavement Projects FY 14/15
16. Subject: Report on Committee assignments and general comments
Recommended Action: Report on Committee assignments and general comments
CITY OF CUPERTINO Page 5
City Council AGENDA May 5, 2015
ADJOURNMENT
The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6;
litigation challenging a final decision of the City Council must be brought within 90
days after a decision is announced unless a shorter time is required by State or Federal
law.
Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested
persons must file a petition for reconsideration within ten calendar days of the date the
City Clerk mails notice of the City's decision. Reconsideration petitions must comply
with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's
office for more information or go to http://Www.cupertino.orglindex.aspx?page=125 for
a reconsideration petition form.
In compliance with the Americans with Disabilities Act (ADA), anyone who is planning
to attend the next City Council meeting who is visually or hearing impaired or has any
disability that needs special assistance should call the City Clerk's Office at
408-777-3223, 48 hours in advance of the Council meeting to arrange for assistance.
Upon request, in advance, by a person with a disability, City Council meeting agendas
and writings distributed for the meeting that are public records will be made available
in the appropriate alternative format. Also upon request, in advance, an assistive
listening device can be made available for use during the meeting.
Any writings or documents provided to a majority of the Cupertino City Council after
publication of the packet will be made available for public inspection in the City
Clerk's Office located at City Hall, 10300 Torre Avenue, during normal business hours
and in Council packet archives linked from the agenda/minutes page on the Cupertino
web site.
Members of the public are entitled to address the City Council concerning any item that
is described in the notice or agenda for this meeting, before or during consideration of
that item. If you wish to address the Council on any issue that is on this agenda, please
complete a speaker request card located in front of the Council, and deliver it to the
Clerk prior to discussion of the item. When you are called, proceed to the podium and
the Mayor will recognize you. If you wish to address the City Council on any other item
not on the agenda, you may do so by during the public comment portion of the meeting
following the same procedure described above. Please limit your comments to three (3)
minutes or less.
CITY OF CUPERTINO Page 6
THE CITY COUNCIL AND STAFF
CITY COUNCIL
Cupertino is a General Law city organized under and subject to statutes of the State of California. It is governed by the
five -member City Council with the Mayor as the presiding officer. City Council members are elected at -large to four-year,
overlapping terms. Each November a mayor and a vice -mayor are selected by the City Council for a one-year term.
The City Council receives advice and assistance from nine commissions, which are appointed by the Council. These are the
Bicycle Pedestrian Commission, Fine Arts Commission, Cupertino Housing Commission, Library Commission, Parks and
Recreation Commission, Planning Commission, Public Safety Commission, Teen Commission, and the Technology,
Information, and Communications Commission.
Council members also serve on a variety of regional bodies, including:
Association of Bay Area Governments
League of California Cities
Santa Clara County (SCC) Cities Association
SCC Emergency Preparedness Council
SCC Library District
SCC Emergency Preparedness Commission
Santa Clara Valley Water Commission and Water District
SCC Transportation Authority
West Valley Mayors and Managers
STAFF
The City Manager and the City Attorney are appointed by the Council. The City Manager is responsible for interpreting
and carrying out Council policies and direction, and as the chief administrative officer, the City Manager coordinates the
many activities of the city and appoints the professional and technical staff. The City Attorney is the advisor to the City
Council as a whole.
TYPES OF COUNCIL ACTIONS
ORDINANCES
Ordinances are the means by which the City enacts its local laws. Unless an urgent situation exists, ordinances will first be
presented at a Council meeting as a "first reading." At a subsequent Council meeting, there will be a "second reading and
adoption." Ordinances go into effect after a waiting period of thirty days, in most cases, during which time the summary of
the ordinance is published in a local newspaper approved for this purpose.
RESOLUTIONS
Resolutions and minute orders are the means by which the City Council formally adopts policies or approves specific
actions. These go into effect when adopted.
APPEALS
Any interested person, including a Council member, may appeal a Planning Commission or Director of Community
Development decision to the City Council. An appeal must be submitted in writing to the City Clerk within 14 calendar days
of the mailing of the notice of the decision.
RECONSIDERATION
Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for
reconsideration within ten calendar days of the date the City Clerk mails notice of the City's decision. Reconsideration
petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's office for
more information or go to www. http://www.cupertino.org/index.aspx?page=125 for a reconsideration petition form.
COMMUNICATING WITH COUNCIL
All Council members: citycouncil@cupertino.org
Rod Sinks RSinks@cupertino.org (408) 777-3194
Barry Chang BChang@cupertino.org (408) 777-3192
Darcy Paul DPaul@cupertino.org (408) 777-3193
Gilbert Wong GWong@cupertino.org (408) 777-3191
Savita Vaidhyanathan SVaidhyanathan@cupertino.org (408) 777-3195
Council secretary KarenG@cupertino.org (408) 777-3212
City Hall www.cupertino.org (408) 777-CITY
Please note: the City Council discourages submission of written materials on the day of the meeting as this does not
provide enough time to give the materials fair evaluation. If you must provide written materials on the day of the
meeting, as least one copy must be given to the City Clerk for the permanent record, and ten copies are preferred.
NEWS AND NOTICES FROM CITY HALL
EMAIL
Sign up for e-mailed agendas, minutes, elections, and other items on the city website at www.cupertino.org, or fill out
a Speaker Card at the meeting and check your categories of interest.
TELEVISION
The City Channel broadcasts City Council and Planning Commission meetings, as well as agenda previews, public
service announcements, and other programs of community interest, on Channel 26 in Cupertino. The meetings are
shown at these times:
Tuesday (live) 6:45 p.m. Friday (replay) 10:00 a.m.
Thursday (replay) 7:00 p.m. Saturday (replay) 9:00 a.m.
INTERNET
City Council and Planning Commission videos are available on demand at www.cupertino.org. Click "View meetings
online."
You can also use iTunes to listen online or download podcasts of City Council meetings . iTunes is a free software
program available for Mac and PC users. Occasionally, news and community information is also available at
www.Twitter.com/CupertinoCom
AUDIO
Tune into Radio Cupertino, 1670 AM, for meeting announcements, public service messages, and emergency
announcements.
USEFUL TELEPHONE NUMBERS
City of Cupertino (City Hall) General Information and Comments (408) 777-CITY
Fire (Emergency) Santa Clara County Fire Dept. dispatch 911
Fire (Non -Emergency) Santa Clara County Fire Dept. (408) 378-4010
Garbage Recology South Bay (408) 725-4020
Gas & Electricity Pacific Gas & Electric (PG&E) 1-800-743-5000
Parks & Recreation Quinlan Community Center (408) 777-3120
Police (Emergency) Santa Clara County Sheriff dispatch 911
Police (Non -Emergency) Santa Clara County Sheriff (408) 868-6600
Public Health Santa Clara County Public Health (408) 732-3720
Sanitary Sewers Cupertino Sanitary District (408) 253-7071
Water San Jose Water (408) 279-7900
California Water (650) 917-0152
... .... - — -- -- -- - - -- -- - - - --- - - --
CITY OF CUPERTINO
AGENDA
CUPERTINO CITY COUNCIL
Aloft Hotel, 10165 North De Anza Boulevard, Cupertino
Saturday, May 2, 2015
9:00 AM
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 Saturday, May 02, 2015, commencing at 9:00 a.m. in
the Tactic Room of the Aloft Hotel, 10165 North De Anza Boulevard, Cupertino,
CA 95014. Said special meeting shall be for the purpose of conducting business on
the subject matters listed below under the heading, "Special Meeting."
SPECIAL MEETING
ROLL CALL - 9:00 AM
Aloft Hotel Tactic Room, 10165 N De Anza Boulevard
CLOSED SESSION
1. Subject: Public Employee Performance Evaluation (54957) Title: City Manager
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. STATE OF CALIFORNIA )
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COUNCIL TEAM BUILDING RETREAT COUNTY OF SANTA CLARA
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2. Subject: City Council Team Building Retreat EMPLOYEE OF THE CITY OF CUPERTINO
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➢ Communication Styles POSTED THE NOTICE/AGENDA ON THE
➢ Agreements BULLETIN BOARD AT CITY HALL.
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CITYOFCUPERTINO Page I MATE—
City Council AGENDA May 2, 2015
ORDINANCES AND ACTION ITEMS
3. Subject: Revise Council Protocols established at May 10, 2007 Team Building
Session
Recommended Action:
Revise Council Protocols established at May 10, 2007 Team
Building Session
A - Mav 10.2007 Council Minutes
ADJOURNMENT
CITY OF CUPERTINO Page 2
City Council AGENDA May 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.ctipertino.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
CITY OF CUPERTINO
AGENDA
CUPERTINO CITY COUNCIL
10300 Torre Avenue, City Hall Conference Room A
Tuesday, May 5, 2015
5:00 PM
NOTICE AND CALL FOR A SPECIAL MEETING OF THE CUPERTINO CITY
COUNCIL
NOTICE IS HEREBY GIVEN that a special meeting of the Cupertino City
Council is hereby called for Tuesday, May 5, 2015, commencing at 5:00 p.m. in
City Hall Conference Room A, 10300 Torre Avenue, Cupertino, California. Said
special meeting shall be for the purpose of conducting business on the subject
matters listed below under the heading, "Special Meeting." The regular meeting
items will be heard at 6:45 p.m. in Community Hall Council Chamber, 10350 Torre
Avenue, Cupertino, California.
SPECIAL MEETING
ROLL CALL - 5:00 PM
10300 Torre Avenue, City Hall Conference Room A
CLOSED SESSION
1. Subject: CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED
LITIGATION: Initiation of litigation pursuant to paragraph (4) of subdivision (d)
of Gov't Code Section 54956.9. Number of Cases: One
2. Subject: CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
pursuant to paragraph (1) of subdivision (d) of Gov't Section 549556.9.
Name of case: Bay Area Clean Environment, nc.E SanFa4argWu* et al )
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(Case No. 112CV229236)
COUNTY OF SANTA CLARA )
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CITY OF CUPERTINO Page I
City Council AGENDA May 5, 2015
The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6;
litigation challenging a final decision of the City Council must be brought within 90
days after a decision is announced unless a shorter time is required by State or Federal
law.
Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested
persons must file a petition for reconsideration within ten calendar days of the date the
City Clerk mails notice of the City's decision. Reconsideration petitions must comply
with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's
office for more information or go to http://www.Cupertino.orglindex.aspx?page=125for
a reconsideration petition form.
In compliance with the Americans with Disabilities Act (ADA), anyone who is planning
to attend the next City Council meeting who is visually or hearing impaired or has any
disability that needs special assistance should call the City Clerk's Office at
408-777-3223, 48 hours in advance of the Council meeting to arrange for assistance.
Upon request, in advance, by a person with a disability, City Council meeting agendas
and writings distributed for the meeting that are public records will be made available
in the appropriate alternative format. Also upon request, in advance, an assistive
listening device can be made available for use during the meeting.
Any writings or documents provided to a majority of the Cupertino City Council after
publication of the packet will be made available for public inspection in the City
Clerk's Office located at City Hall, 10300 Torre Avenue, during normal business hours
and in Council packet archives linked from the agenda/minutes page on the Cupertino
web site.
Members of the public are entitled to address the City Council concerning any item that
is described in the notice or agenda for this meeting, before or during consideration of
that item. If you wish to address the Council on any issue that is on this agenda, please
complete a speaker request card located in front of the Council, and deliver it to the
Clerk prior to discussion of the item. When you are called, proceed to the podium and
the Mayor will recognize you. If you wish to address the City Council on any other item
not on the agenda, you may do so by during the public comment portion of the meeting
following the same procedure described above. Please limit your comments to three (3)
minutes or less.
CITY OF CUPERTINO Page 2
CITY OF CUpERVfNW CALIFORNIA )
SS.
COLINTY NTY OF SAN'iA CLARA )
AGENDA uA-t2-c,,X AN
�.C>.` EE OF THE CITY OF CUPERTINO
CUPERTINO C:L DEPART
CITY COUN I � `;-� _ TE �_ i�,?_'�- R PENALTY OF
10300 Torre Avenue, City Hall Confer:fi& 1€ 6Jn k)N (? ii m) Qf cf�t
Ma 5 4�Q' 2'' S RM , I PERSONALLY
Tuesda
y' y ' 00' LD THE N- FIC E AGENDA ON THE
5:00 PM B;_1LLETIN BOARD Ai CITY HALL.
AMENDED
D iI E Si'GAATURE
Amended on 5/4/15 at 2:15 PM to revise language for Item No. 2
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, May 5, 2015, commencing at 5:00 p.m. in
City Hall Conference Room A, 10300 Torre Avenue, Cupertino, California. Said
special meeting shall be for the purpose of conducting business on the subject
matters listed below under the heading, "Special Meeting." The regular meeting
items will be heard at 6:45 p.m. in Community Hall Council Chamber, 10350 Torre
Avenue, Cupertino, California.
SPECIAL MEETING
ROLL CALL - 5:00 PM
10300 Torre Avenue, City Hall Conference Room A
CLOSED SESSION
1. Subject: CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED
LITIGATION: Initiation of litigation pursuant to paragraph (4) of subdivision (d)
of Gov't Code Section 54956.9. Number of Cases: One
2. Subject: Conference with legal counsel - Existing Litigation (Paragraph (1) of
subdivision (d) of Gov't Code 54956.9. Two Cases:
Bay Area Clean Environment, Inc. v. Santa Clara County, et al (Case No.
112CV229236) and U.S. v. Lehigh Southwest Cement Co. and Hanson
Permanente Cement, Inc., (Case No. 5:15CVO 1896)
ADJOURNMENT
CITY OF CUPERTINO Page I
Cite Council AGENDA May 5, 2015
The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6;
litigation challenging a final decision of the City Council must be brought within 90
days after a decision is announced unless a shorter time is required by State or Federal
law.
Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested
persons must file a petition for reconsideration within ten calendar days of the date the
City Clerk mails notice of the City's decision. Reconsideration petitions must comply
with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's
office for more information or go to http://www.cupertino.orglindex.aspx?page=125for
a reconsideration petition form.
In compliance with the Americans with Disabilities Act (ADA), anyone who is planning
to attend the next City Council meeting who is visually or hearing impaired or has any
disability that needs special assistance should call the City Clerk's Office at
408-777-3223, 48 hours in advance of the Council meeting to arrange for assistance.
Upon request, in advance, by a person with a disability, City Council meeting agendas
and writings distributed for the meeting that are public records will be made available
in the appropriate alternative format. Also upon request, in advance, an assistive
listening device can be made available for use during the meeting.
Any writings or documents provided to a majority of the Cupertino City Council after
publication of the packet will be made available for public inspection in the City
Clerk's Office located at City Hall, 10300 Torre Avenue, during normal business hours
and in Council packet archives linked from the agenda/minutes page on the Cupertino
web site.
Members of the public are entitled to address the City Council concerning any item that
is described in the notice or agenda for this meeting, before or during consideration of
that item. If you wish to address the Council on any issue that is on this agenda, please
complete a speaker request card located in front of the Council, and deliver it to the
Clerk prior to discussion of the item. When you are called, proceed to the podium and
the Mayor will recognize you. If you wish to address the City Council on any other item
not on the agenda, you may do so by during the public comment portion of the meeting
following the same procedure described above. Please limit your comments to three (3)
minutes or less.
CITY OF CUPERTINO Page 2
AGENDA OF THE CITY COUNCIL
TUESDAY, MAY 12, 2015
Special Meeting 3:00 PM
Sinks
Savita Vaidhyanathan Ma Rod Sinin 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 CALIFO IAA _—St
Staff • SS.
• COUNTY OF SANTA CL RA
I, SCE? uA-p-c to } , AN
EMPLOYEE OF THE CITY OF CUPEI-�,'TINO
a�RLL D E PART
Speaker'J\IENT, STATE UIL' DIEER PENALTY OF
PodiumPER.JURY THAT ON (Dr',:f E) S[G, (S
(TIME) (o ' IS P/Lj I PFEF-.'.S
POSTED THE 1�Ji'' lt_'� `ICE;`;,_)A:;
BULLETIN BOARD "IT CITY
S L cS
COMMUNITY HALL COUNCIL CHAMBER
10350 Torre Avenue, Cupertino, California 95014
(408) 777-3200 (City Hall)
www.cupeltino.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 avenue for the discussion of sometimes
divergent points of view. Please respect the opinions of others and refrain
from outward expressions of emotions such as cheering or clapping. Such
behavior delays the meeting and may intimidate other persons wishing to
express alternate views. Loud, unruly outbursts will result in removal from
the meeting.
The proceedings of the meeting are recorded on audiotape and videotape;
therefore, members of the audience who address the City Council must come
to the lectern/microphone, and are requested to complete a Speaker Card
and identify themselves.
FLOWCHART FOR AGENDA ITEMS:
Mayor introduces
agenda item
1
Staff reports and makes
recommendation
1
Applicant
makes
presentation
(up to 10 mins.)
1
Mayor invites members of
the public to speak about
the agenda item
1
Mayor closes the hearing
1
City Council
votes on the
agenda item
Council members report any site visits
or outside communications
Council members ask questions
Council members ask questions
Speakers submit a Request to
Speak card, and are allowed up to
3 minutes per individual, or up to
10 minutes per group. Council
members may ask questions of
speakers.
A Council member makes a motion
and obtains a second.
The City Council then discusses the
motion(s) and votes.
PUBLIC HEARINGS
The City Council is required by law to hold
public hearings on certain matters prior to
making its decision. Notice to interested
parties is given by legal advertisement in
the local newspaper of general circulation
at least 10 calendar days preceding the
hearing date. Applications requiring public
hearings include change of zoning,
variances, use permits, and tentative maps.
COUNCIL MEETINGS
The City Council regularly meets the first
and third Tuesdays of each month. These
meetings are held in the Council Chamber
of the Cupertino Community Hall, 10350
Torre Avenue, at 6:45 p.m. Closed
sessions,when needed, are normally held at
6:00 p.m. Closed sessions cover items such
as personnel, litigation, or the sale ,
purchase, or lease of property. Actions
taken in closed sessions are not final until
acted upon in public session.
Urgent business , holidays, or election days
may trigger special or adjourned meetings.
These meetings will be noticed beforehand.
AGENDAS, MINUTES, AND PACKETS
AVAILABLE ON THE WEB
Agendas, minutes, and packets for current
and prior City Council and Planning
Commission meetings are available at
www.cupertino.org, or you can purchase
the items on CD.
CITY COUNCIL DECISION IS FINAL
Prior to seeking judicial review of any
adjudicatory (quasi-judicial) decision,
interested persons must file a petition for
reconsideration within ten calendar days of
the date the City Clerk mails notice of the
City's decision. Reconsideration petitions
must comply with the requirements of
Cupertino Municipal Code §2.08.096.
Contact the City Clerk's office for more
information or go to www.
http://www.cupertino.org/index.aspx?page
=125 for a reconsideration petition form.
CITY OF CUPERTINO
AGENDA
CUPERTINO CITY COUNCIL
10350 and 10300 Torre Avenue, Cupertino
Tuesday, May 12, 2015
3:00 PM
NOTICE AND CALL FOR A SPECIAL MEETING OF THE CUPERTINO CITY
COUNCIL
NOTICE IS HEREBY
GIVEN that
a special meeting of the
Cupertino City
Council is hereby called
for Tuesday,
May 12, 2015, commencing
at 3:00 p.m. in
City Hall Conference Room A, 10300 Torre Avenue, Cupertino,
California. The
Study Session item will
follow 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
ROLL CALL - 3:00 PM
10300 Torre Avenue, City Hall Conference Room A
CLOSED SESSION
1. Subject: Conference with Legal Counsel - Initiation of litigation pursuant to
paragraph (4) of subdivision (d) of Gov't Code Section 54956.9: One case.
STUDY SESSION
10350 Torre Avenue, Community Hall Council Chamber
2. Subjject: Study session regarding the Proposed Fiscal Year 2015-2016 Budget
CITY OF CUPERTINO Page I
City Council AGENDA May 12, 2015.
Recommended Action: Conduct the Budget study session
A. Budget Message/Overview of FY 2015-2016 Proposed Budget
B. Review of Pass -through Revenues/Expenses
C. Departmental Budgets:
Councils and Commissions
Administration/City Attorney
Law Enforcement
Public Affairs
Administrative Services
Recreation and Community Services
Planning and Community Development
Public Works
D. 5 Year Capital Improvement Program (CIP)
E. Questions and Answers
F. Public Comments
G. Council Comments
A - City Organization Chart.pdf
B - Cijy Officials and Commissions and Committees Directoiy.pdf
C - Budget Message.pdf
D - Budget Guide.pdf
E - Financial Policies and Schedules.pdf
F - Councils and Commissions.pdf
F1 - Community Funding Ups for 2015-16.pdf
G - Administration and City Attorney.pdf
H - Law Enforcement.pdf
I - Public Affairs.pdf
J - Administrative Services.pdf
K - Recreation and Community Services.pdf
L - Planning and Community Development.gdf
M - Public Works.pdf
N - Capital Improvement Program.pdf
ORAL COMMUNICATIONS
This portion of the meeting is reserved for persons wishing to address the council on
any matter not on the agenda. Speakers are limited to three (3) minutes. In most cases,
State law will prohibit the council from making any decisions with respect to a matter
not listed on the agenda.
ADJOURNMENT
CITY OF CUPERTINO Page 2
City Council AGENDA May 12, 2015
The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6;
litigation challenging a final decision of the City Council must be brought within 90
days after a decision is announced unless a shorter time is required by State or Federal
law.
Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested
persons must file a petition for reconsideration within ten calendar days of the date the
City Clerk mails notice of the City's decision. Reconsideration petitions must comply
with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's
office for more information or go to http://www.clipertino.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-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)
Fire (Emergency)
Fire (Non -Emergency )
Garbage
Gas & Electricity
Parks & Recreation
Police (Emergency)
Police (Non -Emergency)
Public Health
Sanitary Sewers
General Information and Comments
Santa Clara County Fire Dept. dispatch
Santa Clara County Fire Dept.
Recology South Bay
Pacific Gas & Electric (PG&E)
Quinlan Community Center
Santa Clara County Sheriff dispatch
Santa Clara County Sheriff
Santa Clara County Public Health
Cupertino Sanitary District
Water San Jose Water
California Water
(408) 777-CITY
911
(408)378-4010
(408)725-4020
1-800-743-5000
(408)777-3120
911
(408)868-6600
(408)732-3720
(408)253-7071
(408)279-7900
(650) 917-0152
AGENDA OF THE CITY COUNCIL
TUESDAY, MAY 19, 2015
Regular Meeting 6:45 PM
Rod Sinks
Savita Vaidhyanathan May or Barry Chang
Gilbert Wong Council Member Vice Mayor Darcy Paul
Council Member Council Member
Carol Korade Grace Schmidt
City Attorney City Clerk
David Brandt • 0 • 40
City Manager / Staff
Staff • STATE OF II�F"t r
Staff
Staff CO UNT G OF
SS.
SA "IA 'LA �� )
I'WUM AN
LI�TPLOYEE OF THE CITY OF CUPERTINO
DENARY
IVIENT, STATE UNDER PE1N L Y OF
Speaker's PERJURY TH TON (Dr I'E)
Podium (TIME)
) " — I PERS )� TALLY
POSTED THE N(5 ICE%AGENDA ON THE
BULLETIN BOARD T CITY ALL.
3
DALE SIG TURF
COMMUNITY HALL COUNCIL CHAMBER
10350 Torre Avenue, Cupertino, California 95014
(408) 777-3200 (City Hall)
wwwxupertino.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 avenue for the discussion of sometimes
divergent points of view. Please respect the opinions of others and refrain
from outward expressions of emotions such as cheering or clapping. Such
behavior delays the meeting and may intimidate other persons wishing to
express alternate views. Loud, unruly outbursts will result in removal from
the meeting.
The proceedings of the meeting are recorded on audiotape and videotape;
therefore, members of the audience who address the City Council must come
to the lectern/microphone, and are requested to complete a Speaker Card
and identify themselves.
FLOWCHART FOR AGENDA ITEMS:
Mayor introduces
agenda item
1
Staff reports and makes
recommendation
Applicant
makes
presentation
(up to 10 mins.)
1
Mayor invites members of
the public to speak about
the agenda item
Mayor closes the hearing
City Council
votes on the
agenda item
Council members report any site visits
or outside communications
Council members ask questions
Council members ask questions
Speakers submit a Request to
Speak card, and are allowed up to
3 minutes per individual, or up to
10 minutes per group. Council
members may ask questions of
speakers.
A Council member makes a motion
and obtains a second.
The City Council then discusses the
motion(s) and votes.
PUBLIC HEARINGS
The City Council is required by law to hold
public hearings on certain matters prior to
making its decision. Notice to interested
parties is given by legal advertisement in
the local newspaper of general circulation
at least 10 calendar days preceding the
hearing date. Applications requiring public
hearings include change of zoning,
variances, use permits, and tentative maps.
COUNCIL MEETINGS
The City Council regularly meets the first
and third Tuesdays of each month. These
meetings are held in the Council Chamber
of the Cupertino Community Hall, 10350
Torre Avenue, at 6:45 p.m. Closed sessions,
when needed, are normally held at 6:00
p.m. Closed sessions cover items such as
personnel, litigation, or the sale , purchase,
or lease of property. Actions taken in closed
sessions are not final until acted upon in
public session.
Urgent business, holidays, or election days
may trigger special or adjourned meetings.
These meetings will be noticed beforehand.
AGENDAS, MINUTES, AND PACKETS
AVAILABLE ON THE WEB
Agendas, minutes, and packets for current
and prior City Council and Planning
Commission meetings are available at
www.cupertino.oror you can purchase
the items on CD.
CITY COUNCIL DECISION IS FINAL
Prior to seeking judicial review of any
adjudicatory (quasi-judicial) decision,
interested persons must file a petition for
reconsideration within ten calendar days of
the date the City Clerk mails notice of the
City's decision. Reconsideration petitions
must comply with the requirements of
Cupertino Municipal Code §2.08.096.
Contact the City Clerk's office for more
information or go to www.
http://www.cupertino.org/index.aspx?page
=125 for a reconsideration petition form.
CITY OF CUPERTINO
AGENDA
CUPERTINO CITY COUNCIL
10350 Torre Avenue, Council Chamber
Tuesday, May 19, 2015
6:45 PM
PLEDGE OF ALLEGIANCE
ROLL CALL
CEREMONIAL MATTERS AND PRESENTATIONS
POSTPONEMENTS
ORAL COMMUNICATIONS
This portion of the meeting is reserved for persons wishing to address the council on
any matter not on the agenda. Speakers are limited to three (3) minutes. In most cases,
State law will prohibit the council from making any decisions with respect to a matter
not listed on the agenda.
CONSENT CALENDAR
Unless there are separate discussions and/or actions requested by council, staff or a
member of the public, it is requested that items tinder the Consent Calendar be acted on
simultaneously.
1. Subject: Approve the May 2 City Council minutes
Recommended Action: Approve minutes
A - Draft Minutes
2. Subject: Approve the May 5 City Council minutes
Recommended Action: Approve minutes
A - Draft Minutes
3. Subject: Approval of the Third Quarter Financial Report for Fiscal Year
2014-2015 and increased budget appropriations
Recommended Action: 1. Approve the Third Quarter Financial Report for Fiscal
Year 2014-2015; and 2. Approve increased budget appropriations of $170,000 for
the Planning and Community Development, Municipal Code Enforcement budget
CITY OF CUPERT/NO Page I
City Council AGENDA May 19, 2015
Staff Report
A - Third Quarter Financial Report for FY 2014-15
4. Subject: Award of the Bubb, Elm & McClellan Storm Drain/Sanitary Sewer
Improvement Project
Recommended Action: Authorize the City Manager to award a contract to
Con -Quest Contractors Inc., in the amount of $1,456,941 and approve a construction
contingency of $250,000, for a total of $1,706,941
Staff Report
A - Draft Contract
5. Subject: 2015 Pavement Maintenance Project - Phase 1, Project No. 2015-22
Recommended Action: Authorize the City Manager to award a contract to G.
Bortolotto & Company, in the amount of $5,716,278.39 and approve a construction
contingency of $571,000, for a total of $6,287,278.39
Staff Report
A - List of Streets to Receive Pavement Maintenance Treatment
B - Draft Contract
SECOND READING OF ORDINANCES
6. Subject: An ordinance amending Chapter 6.24 related to the collection of
business generated organic waste; and amending Chapter 9.16 related to the
separation and storage of solid waste
Recommended Action: Conduct the second reading and enact Ordinance No.
15-2130: "An Ordinance of the City of Cupertino amending Chapter 6.24 of Title 6
and Chapter 9.16 of Title 9 of the Cupertino Municipal Code relating to solid waste
including organic waste"
Staff Report
A - Draft Ordinance - Redline version
B - Draft Ordinance - Clean version
C - Chamber's Support Letter
D - Other Agencies' Organics Programs
PUBLIC HEARINGS
7. Subject: General Plan Amendment to: Item 7a) Adopt the Final 2014-2022
Housing Element; and Item 7b) Consider changes to citywide development
allocations for office, commercial, and hotel uses, building planes, height limits.
(Re-Agendized and re -noticed from the March 17, 2015 and April 21, 2015
meetings)
CITY OF CUPERTINO Page 2
City Council AGENDA May 19, 2015
Recommended Action: Recommend that the City
Council conduct a public hearing
and take the following actions:
1. Adopt Resolution No. 15-042 adopting the
Final 2014-2022 Housing Element
(GPA-2013-02)
2. Make no further amendments to the General Plan (Community Vision 2040)
adopted on December 4, 2014 (GPA-2013-01); and
3. Adopt Resolution No. 15-043, a policy establishing
a process to review General
Plan amendments
Description: Application No(s).: GPA-2013-02,
Applicant(s): City of Cupertino,
Location: citywide, General Plan Amendment
for Housing Element Updates;
Application No(s).: GPA-2013-01, Applicant(s):
City of Cupertino, Location:
citywide; General Plan Amendment to consider
changes to citywide development
allocations for office, commercial and hotel uses,
building heights and planes along
arterials, and a Community Benefits Program
Staff Report
A - Housing Element Staff Report
Al -Housing Element Draft Resolution No. 15-042
A2 - Housing Commission Resolution No. 15-01
A3 - Planning Commission Resolution No. 6777
A4 - August 28, 2014 Housing Commission Staff Report
A5 - Priority Housing Element Sites Summary and Maps
A6 - Pages from Housing Element with Redlined chances
A7 - Comment Letter to HCD
A8 - City Response to Comment Letter to HCD.pdf
A9 - HCD letter confirming Draft HE in substantial compliance
A10 - Public Comments on the Housing Element
B - General Plan Amendment Staff Report
B1 -Draft Resolution No. 15-043
B2 - December 2, 2014 City Council Staff Report
B3 - Concept Alternatives Maps
B4 - Feb 4, 2015 Workshop Summary
B5 - PD Survey On Forum Responses Summary
B6 - PD Survey Off Forum Responses Summary
B7 - White Paper on Development Management
B8 - Public Comments on GPA
ORDINANCES AND ACTION ITEMS
REPORTS BY COUNCIL AND STAFF
8. Subject: Report on Committee assignments and general comments
Recommended Action: Report on Committee assignments and general comments
CITY OF CUPERTINO Page 3
City Council AGENDA May 19, 2015
1 UM3►hl_ ►
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 4
THE CITY COUNCIL AND STAFF
CITY COUNCIL
Cupertino is a General Law city organized under and subject to statutes of the State of California. It is governed by the
five -member City Council with the Mayor as the presiding officer. City Council members are elected at -large to four-year,
overlapping terms. Each November a mayor and a vice -mayor are selected by the City Council for a one-year term.
The City Council receives advice and assistance from nine commissions, which are appointed by the Council. These are the
Bicycle Pedestrian Commission, Fine Arts Commission, Cupertino Housing Commission, Library Commission, Parks and
Recreation Commission, Planning Commission, Public Safety Commission, Teen Commission, and the Technology,
Information, and Communications Commission.
Council members also serve on a variety of regional bodies, including:
Association of Bay Area Governments
League of California Cities
Santa Clara County (SCC) Cities Association
SCC Emergency Preparedness Council
SCC Library District
SCC Emergency Preparedness Commission
Santa Clara Valley Water Commission and Water District
SCC Transportation Authority
West Valley Mayors and Managers
STAFF
The City Manager and the City Attorney are appointed by the Council. The City Manager is responsible for interpreting
and carrying out Council policies and direction, and as the chief administrative officer, the City Manager coordinates the
many activities of the city and appoints the professional and technical staff. The City Attorney is the advisor to the City
Council as a whole.
TYPES OF COUNCIL ACTIONS
ORDINANCES
Ordinances are the means by which the City enacts its local laws. Unless an urgent situation exists, ordinances will first be
presented at a Council meeting as a "first reading." At a subsequent Council meeting, there will be a "second reading and
adoption." Ordinances go into effect after a waiting period of thirty days, in most cases, during which time the summary of
the ordinance is published in a local newspaper approved for this purpose.
RESOLUTIONS
Resolutions and minute orders are the means by which the City Council formally adopts policies or approves specific
actions. These go into effect when adopted.
APPEALS
Any interested person, including a Council member, may appeal a Planning Commission or Director of Community
Development decision to the City Council. An appeal must be submitted in writing to the City Clerk within 14 calendar days
of the mailing of the notice of the decision.
RECONSIDERATION
Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for
reconsideration within ten calendar days of the date the City Clerk mails notice of the City's decision. Reconsideration
petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's office for
more information or go to www. http://www.cupertino.org/index.aspx?page=125 for a reconsideration petition form.
COMMUNICATING WITH COUNCIL
All Council members: 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.
IRIESWOMM
NEWS AND NOTICES FROM CITY HALL
EMAIL
Sign up for e-mailed agendas, minutes, elections, and other items on the city website at www.cupertino.org, or fill out
a Speaker Card at the meeting and check your categories of interest.
TELEVISION
The City Channel broadcasts City Council and Planning Commission meetings, as well as agenda previews, public
service announcements, and other programs of community interest, on Channel 26 in Cupertino. The meetings are
shown at these times:
Tuesday (live) 6:45 p.m. Friday (replay) 10:00 a.m.
Thursday (replay) 7:00 p.m. Saturday (replay) 9:00 a.m.
INTERNET
City Council and Planning Commission videos are available on demand at www.cupertino.org. Click "View meetings
online."
You can also use iTunes to listen online or download podcasts of City Council meetings . iTunes is a free software
program available for Mac and PC users. Occasionally, news and community information is also available at
www.Twitter.com/CupertinoCom
AUDIO
Tune into Radio Cupertino, 1670 AM, for meeting announcements, public service messages, and emergency
announcements.
USEFUL TELEPHONE NUMBERS
City of Cupertino (City Hall) General Information and Comments (408) 777-CITY
Fire (Emergency) Santa Clara County Fire Dept. dispatch 911
Fire (Non -Emergency) Santa Clara County Fire Dept. (408) 378-4010
Garbage Recology South Bay (408) 725-4020
Gas & Electricity Pacific Gas & Electric (PG&E) 1-800-743-5000
Parks & Recreation Quinlan Community Center (408) 777-3120
Police (Emergency) Santa Clara County Sheriff dispatch 911
Police (Non -Emergency) Santa Clara County Sheriff (408) 868-6600
Public Health Santa Clara County Public Health (408) 732-3720
Sanitary Sewers Cupertino Sanitary District (408) 253-7071
Water San Jose Water (408) 279-7900
California Water (650) 917-0152
CITY OF CUPERTINO
CUPERTINO CITY COUNCIL
10300 Torre Avenue, City Hall Conference Room A
Tuesday, May 26, 2015
3:30 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, May 26, 2015, commencing at 3:30 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."
SPECIAL MEETING
ROLL CALL - 3:30 PM
10300 Torre Avenue, City Hall Conference Room A
COMMISSIONS INTERVIEWS
1. Subject: Teen Commission interviews
Recommended Action: Conduct
vacancies on the Teen Commission
A - Interview Schedule
B - Commission Diversity Resolution
C - Teen Commission Resolution
D - Current Commission
E - Attendance Report
F - Sample Questions
G - 8th Grade Applications
H - 9th Grade Applications
I - I Oth Grade Applications
J - I I th Grade Applications
K - 12th Grade Applications
interviews and make appointments for six
CITY OF CUPERTLVO Page 1
STATE OF CALIFOPIN►A
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City Council AGENDA May 26, 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 CUPERTINO Page 2
City Council AGENDA May 26, 2015
The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6;
litigation challenging a final decision of the City Council must be brought within 90
days after a decision is announced unless a shorter time is required by State or Federal
law.
Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested
persons must file a petition for reconsideration within ten calendar days of the date the
City Clerk mails notice of the City's decision. Reconsideration petitions must comply
with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's
office for more information or go to http: //www. cupertino. org/index. aspx?page=125 for
a reconsideration petition form.
In compliance with the Americans with Disabilities Act (ADA), anyone who is planning
to attend the next City Council meeting who is visually or hearing impaired or has any
disability that needs special assistance should call the City Clerk's Office at
408-777-3223, 48 hours in advance of the Council meeting to arrange for assistance.
Upon request, in advance, by a person with a disability, City Council meeting agendas
and writings distributed for the meeting that are public records will be made available
in the appropriate alternative format. Also upon request, in advance, an assistive
listening device can be made available for use during the meeting.
Any writings or documents provided to a majority of the Cupertino City Council after
publication of the packet will be made available for public inspection in the City
Clerk's Office located at City Hall, 10300 Torre Avenue, during normal business hours
and in Council packet archives linked from the agenda/minutes page on the Cupertino
web site.
Members of the public are entitled to address the City Council concerning any item that
is described in the notice or agenda for this meeting, before or during consideration of
that item. If you wish to address the Council on any issue that is on this agenda, please
complete a speaker request card located in front of the Council, and deliver it to the
Clerk prior to discussion of the item. When you are called, proceed to the podium and
the Mayor will recognize you. If you wish to address the City Council on any other item
not on the agenda, you may do so by during the public comment portion of the meeting
following the same procedure described above. Please limit your comments to three (3)
minutes or less.
CITY OF CUPERTINO Page 3