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HomeMy WebLinkAboutCity Council - October 2015CUPERTINO STATE OF CALIFORNIA ) ) SS. CO NTY OF SANTA CLARA ) AN EMPLOYEE OF HE CITY OF CUPERTINO GI e- F �� DEPART- MENT, STATE UNDER PEN LTY OF PERJURY THAT ON (DALE) 5�'3 r S (TIME) e ' l l CM I PERS-ONNIALL,Y POSTED THE NOTICE/AGENDA ON TIJ E BULLETIN BOARD AF CITY HALL. I l3 � r AGENDA OF THE C TV'COUNCIL TUESDAY, OCTOBER 6, 2015 I�w Non -televised Special Meeting and Closed Session 5:00 PM Televised Regular Meeting 6:45 PM and Cupertino Public Facilities Corporation Meeting (Immediately Following the Regular Meeting) Savita Vaidhyanathan Rod Sinks or Ma Gilbert Wong Council Member y Council Member \ Carol Korade \ City Attorney David Brandt City Manager' Staff Staff —, IF Speaker's Podium Barry Chang Vice Mayor Darcy Paul / Council Member / Grace Schmidt City Clerk ,-- Staff V Staff COMMUNITY HALL COUNCIL CHAMBER 10350 TORRE AVENUE • CUPERTINO, CA 95014 TELEPHONE: (408) 777-3220 (CITY HALL) WEBSITE: www.cupertino.org CONDUCT OF BUSINESS The Mayor is the presiding officer of the City Council. Any member of the public may speak on any item on the agenda for up to three minutes. All statements and questions must be addressed to the Mayor. City Council hearings serve as a venue for the discussion of sometimes divergent points of view. Please respect the opinions of others and refrain from outward expressions of emotions such as cheering or clapping. Such behavior delays the meeting and may intimidate other persons wishing to express alternate views. Loud, unruly outbursts will result in removal from the meeting. The proceedings of the meeting are recorded on audiotape and videotape; therefore, members of the audience who address the City Council must come to the lectern/microphone, and are requested to complete a Speaker Card and identify themselves. FLOWCHART FOR AGENDA ITEMS: Mayor introduces agenda item 1 Staff reports and makes recommendation 1 Applicant makes presentation (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.ore, or you can purchase the items on CD. CITY COUNCIL DECISION IS FINAL Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City's decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's office for more information or go to www. http://www.cupertino.org/index.aspx?page =125 for a reconsideration petition form. CITY OF CUPERTINO AGENDA CUPERTINO CITY COUNCIL 10300 Torre Avenue and 10350 Torre Avenue Tuesday, October 6, 2015 5:00 PM Non -televised Closed Session and Special Meeting (5:00); Televised Regular Meeting (6:45); Special Public Facilities Corporation Meeting (Immediately Following Regular Meeting) NOTICE AND CALL FOR A SPECIAL MEETING AND CLOSED SESSION OF THE CUPERTINO CITY COUNCIL, REGULAR MEETING, AND SPECIAL MEETING OF THE CUPERTINO PUBLIC FACILITIES CORPORATION NOTICE IS HEREBY GIVEN that a special meeting and closed session of the Cupertino City Council is hereby called for Tuesday, October 6, 2015, commencing at 5:00 p.m. in City Hall Conference Room A, 10300 Torre Avenue, Cupertino, California 95014. Said special meeting shall be for the purpose of conducting business on the subject matters listed below under the heading, "Special Meeting." The regular meeting items will be heard at 6:45 p.m. in Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, California. The special meeting of the Cupertino Public Facilities Corporation will immediately follow the regular meeting in Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, California 95014 for the purpose of conducting business on the subject matters listed below under the heading, "Special Meeting." SPECIAL MEETING OPEN SESSION - 5:00 PM City Hall Conference Room A, 10300 Torre Avenue ROLL CALL ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the council on any matter not on the agenda. Speakers are limited to three (3) minutes. In most cases, State lai-n ivill prohibit the council from making any decisions ii4th respect to a matter not listed on the agenda. ORDINANCES AND ACTION ITEMS CITYOFCUPERTINO Page [ City Council AGENDA October 6, 2015 1. Subject: Designation of City representatives for purposes of labor negotiations including salaries, salary schedules, or other compensation for represented and unrepresented employees, and, for represented employees, any other matter within the statutorily provided scope of representation Recommended Action: Designate City representatives for purposes of labor negotiations including salaries, salary schedules, or other compensation for represented and unrepresented employees, and, for represented employees, any other matter within the statutorily provided scope of representation CLOSED SESSION City Hall Conference Room A,10300 Torre Avenue 2. Subject: Conference with Labor Negotiator (Government Code Section 54957.6); City designated representatives: Director of Administrative Services, City Manager, and Dania Torres; Employee organizations: Operating Engineers Local No. 3 Union; Cupertino Employees' Association 3. Subject: Conference with Labor Negotiator (Government Code Section 54957.6); City designated representatives: City Manager, and Dania Torres; Employee organizations: Unrepresented (Management and Confidential) Employees' Compensation Program 4. Subject: Conference with Legal Counsel -Anticipated Litigation: Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Government Code Section 54956.9. One case. ADJOURNMENT REGULAR MEETING PLEDGE OF ALLEGIANCE - 6:45 PM Community Hall Council Chamber,10350 Torre Avenue ROLL CALL CEREMONIAL MATTERS AND PRESENTATIONS POSTPONEMENTS ORAL COMMUNICATIONS CITrOFCUPERTINO Page 2 City Council AGENDA October 6, 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. CONSENT CALENDAR Unless there are separate discussions and/or actions requested by council, staff or a member of the public, it is requested that items under the Consent Calendar be acted on simultaneously. 1. Subject: Approve the September 1 City Council minutes Recommended Action: Approve the minutes Draft Minutes 2. Subject: Approve the September 8 City Council minutes Recommended Action: Approve the minutes Draft Minutes 3. Subject: Cancel the December 15 and January 5, 2016 City Council meetings Recommended Action: Cancel the December 15 and January 5, 2016 City Council meetings Staff Report 4. Subject: Approval of an agreement with M-Group for planning consultant services related to the Vallco Shopping District Planning Area and appropriation of funds for such purpose Recommended Action: Staff recommends that the City Council approve the following: 1. Authorize the City Manager to negotiate and execute a consultant agreement with the M-Group to provide planning consultation services to the City for the Vallco Shopping District Planning Area, consistent with scope of work and cost estimate, for an amount not to exceed $307,290 (Attachment A) 2. Authorize the City Manager to negotiate and execute amendments to Item 1 above to the extent that funds are appropriated for the amendments and the total expenditures are cost -recovered from the applicant 3. Approve an increase to the Fiscal Year 2015-16 Planning and Community Development -Mid to Long Tenn Planning program budget of $238,019 Staff Report A - Scope of Work and Cost Estimate 5. Subject: Agreement between the City of Cupertino, City of San Jose and City of Saratoga for Asphalt Repair Work on De Anza Boulevard CITY OF CUPERTINO Page 3 City Council AGENDA October 6, 2015 Recommended Action: Staff recommends Council take the following actions: 1. Authorize the City Manager to execute the agreement between the City of Cupertino, City of San Jose and City of Saratoga on behalf of the City of Cupertino in substantially similar format to the attached draft agreement; and 2. Amend approved FY 15/16 Operating Budget (Street Maintenance 270-85-821) by an additional amount of $156,079 for additional asphalt repair services Staff Report A - Site map of City limits/area of proposed work B - Draft Agreement 6. Subject: Final Map for Foothill Live/Work Project Recommended Action: Adopt Resolution No. 15-084 approving the Final Map (Tract No. 10291) for Foothill Live/Work Project Staff Report A - Draft Resolution B - Final Map SECOND READING OF ORDINANCES 7. Subject: An Ordinance amending Section 11.32.020 of the Cupertino Municipal Code to remove Pruneridge Avenue as a Truck Route and amending Sections 11.32.055, 11.32.070, and 11.32.080 to Clarify Exceptions to Truck Access within the City and Adjacent to Public Schools Recommended Action: Conduct the second reading of Ordinance No. 15-2134: "An Ordinance of the City Council of the City of Cupertino amending Section 11.32.020 of Chapter 11.32 of Title 11 of the Cupertino Municipal Code to remove Pruneridge Avenue as a truck route and amending Sections 11.32.055, 11.32.070, and 11.32.080 to clarify exceptions for truck access within the City and within school zones," to remove outdated language and to clarify when certain trucks are exempt from the restrictions and limitations on truck travel within the City and around school zones Staff Report A - Draft Ordinance B - Redline Version of Draft Ordinance PUBLIC BEARINGS 8. Subject: Consideration of Lease with Verizon Wireless for a cell tower to be located on the Civic Center Property (10300 Torre Avenue) and conduct a public hearing on an appeal of the Planning Commission's decision to provide Verizon with a development permit, site approval, and height exception for the Civic Center cell tower and any actions necessary for CEQA. A. Proposed Lease with CITY OFCUPERTINO Pnac 4 City Council AGENDA October 6, 2015 Verizon Wireless for a cell tower to be located on the Civic Center Property (Torre Avenue), subject to the terms of any City -issued permits; and B. Appeal of the Planning Commission's approval of an Architectural and Site application for a personal wireless service facility consisting of 6 panel antennas mounted on a tree pole designed for collocation and an enclosed base equipment station and emergency power generator; a Development Permit to allow a personal wireless service facility consisting of 6 panel antennas mounted on an 80-foot tall tree pole designed for collocation and an enclosed base equipment station and emergency power generator; and a Height Exception to allow 6 panel antennas to be mounted at a height of 66 feet on an 80-foot tall tree pole, where 55 feet is allowed for a wireless communications facility at Cupertino City Hall (Applicant(s): Jenny Blocker (Verizon); Appellant: Lei Wang; Location: 10300 Torre Ave.; APN #369-31-033) Recommended Action: A. Adopt Resolution No. 15-085 to: 1. Authorize the City Manager to execute an Antenna Ground Lease between the City of Cupertino and GTE Mobilnet dba Verizon for a term of up to 5 years, for a cell tower to be located on the Civic Center Property, in substantially the form as presented to Council, and subject to the terms of any City -issued permits; and 2. Authorize the City Manager to negotiate and execute up to two five year (5-year) options consistent with the terms of the Lease; and B. 1. Conduct hearing and adopt Resolution No. 15-086 denying the appeal and upholding the Planning Commission's decision per Resolutions #6786, #6787 ans #6788; If appeal is denied, Authorize the City Manager to (negotiate and) execute a lease agreement with Verizon for cellular wireless service at the Civic Center CITY OF CUPE%TINO Page 5 City Council AGENDA October 6, 2015 Staff Report - Verizon Lease A 1 - Verizon Draft Lease Agreement A2 - Draft Resolution - Verizon Lease Staff Report - Appeal A - Draft Resolution - Appeal B - PC Staff Report dated 08-25-15 C - PC Draft Meeting Minutes dated 08-25-15 D - Written Public Comments E - PC Resolution No. 6786 F - PC Resolution No. 6787 G - PC Resolution No. 6788 H - Project Description I - Existing & Proposed Coverage Maps J - Height Justification Statement K - RF Report L - Noise Report M - 3-D Simulation N - Tree Pole Photo O - Photosimulations P - Arborist Repo Q - Alternatives Analysis R - TICC Comments S - Plan Set T - Appeal Petition dated 09-04-15 Q - Study Sesssion Minutes & Report dated 07-16-13 V - Applicant Response to Appeal ORDINANCES AND ACTION ITEMS 9. Subject: PG&E Community Pipeline Safety Initiative and removal of hazardous trees throughout the City and within themed areas of the Heart of the City Specific Plan Recommended Action: Receive staff and PG&E presentation Staff Report 10. Subject: Preparation for 2015/16 Wet Weather Season Recommended Action: 1. Receive staff presentation; and 2. Amend approved FY 15/16 Operating Budget (Storm Drain Maintenance 100-85- 818) by an additional amount of $150,000 for increased 2015/16 wet weather season preparation. A - NOAA October -December Precipitation Outlook CITY OF CUPERTINO Page 6 City Council AGENDA October 6, 2015 11. Subject: Cancellation of Regular Council meeting on Monday, November 2, call for Special Council meeting for Tuesday, November 3, and direction to staff to amend the Cupertino Municipal Code regarding Council meetings that fall on Election Tuesdays Recommended Action: a. Consider cancelling the Regular Council meeting of Monday, November 2 and call a Special Council meeting for Tuesday, November 3; and b. Direct staff to amend Cupertino Municipal Code Section 2.04.010 regarding regular Council meetings that fall on Election Tuesdays Staff Report REPORTS BY COUNCIL AND STAFF 12. Subject: Report on Committee assignments and general comments Recommended Action: Report on Committee assignments and general comments ADJOURNMENT NOTICE AND CALL FOR A SPECIAL MEETING OF THE CUPERTINO PUBLIC FACILITIES CORPORATION NOTICE IS HEREBY GIVEN that a special meeting of the Cupertino Public Facilities Corporation is hereby called for Tuesday, October 6, 2015, commencing immediately following the Cupertino City Council Regular meeting (which starts at 6:45 p.m.) in the Community Hall Council Chambers, 10350 Torre Avenue, Cupertino, California 95014. Said special meeting shall be for the purpose of conducting business on the subject matters listed below under the heading, "Special Meeting." SPECIAL MEETING OF THE CUPERTINO PUBLIC FACILITIES CORPORATION ROLL CALL Community Hall Council Chamber, 10350 Torre Avenue ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the council on any matter not on the agenda. Speakers are limited to three (3) minutes. In most cases, State law will prohibit the council from making any decisions with respect to a matter not listed on the agenda. ORDINANCES AND ACTION ITEMS CITY OF CUPERTINO Page 7 City Council AGENDA October 6, 2015 1. Subject: Approval of the City of Cupertino entering into an Antenna Ground Lease between the City and GTE Mobilnet of California Limited Partnership, a California Limited Partnership, d/b/a Verizon Wireless and Receive and File the Letter from Independent Bond Counsel, Brian Quint Finding no Tax Implications from the Lease Recommended Action: a. Receive and File the Letter from Independent Bond Counsel, Brian Quint Finding no Tax Implications from the Lease; and b. Provide consent to the City of Cupertino to permit the City to enter into an Antenna Ground Lease between the City and GTE Mobilnet of California Limited Partnership, a California Limited Partnership, d/b/a Verizon Wireless Staff Report A - Opinion Letter Thimmig Brian Cupertino Public Facilities Co orp ratio ADJOURNMENT CITY OF CUPERTINO Page 8 City Council AGENDA October 6, 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 9 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) 777-3194E Barry Chang BChang@cupertino.org (408) 777-3192 (cif Darcy Paul DPaul@cupertino.org (408) 777-3195 Gilbert Wong GWon @cu ertino.or 408 777-3191!('- Savita Vaidhyanathan SVaidhyanathan@cupertino.org (408) 777-3193 Council secretary KarenG@cupertino.org (408) 777-3212 City Hall www.cupertino.org (408) 777-CITY Please note: the City Council discourages submission of written materials on the day of the meeting as this does not I gi 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 STATE OF CALIFORNIA ) ) SS. COUNTY_ OF SANTA CLARA ) I, ic-, I es+ec, :F22ya_,-c� q , AN EMPLOYEE OF Tf4E CITY OF CUPERTINO C-f e-1DEPART MENT, STATE UNDER PENA T OF PERJURY THAT ON (DATE) ►`' %H it ._ (TIME) ip,-1 , I PERSONALLY POSTED THE NOTICE/AGENDA ON THE BULLETIN BOARD AT CITY HALL. DATE AGENDA OF THE CITY COUNCIL TUESDAY, OCTOBER 20, 2015 Non -televised Special Meeting (Closed Session) 5:30 PM Televised Regular Meeting 6:45 PM SifkN,Xr URE Rod Sinks Savita Vaidhyanathan Mayor Barry Chang Gilbert Wong Council Member Vice Mayor Darcy Paul Council Member I Council Member Carol Korade \ / City Attorney Grace Schmidt David Brandt . ./ City Clerk City Manager' Staff Staff �, z ,� Staff —, —Staff j Speaker's Podium COMMUNITY HALL COUNCIL CHAMBER 10350 TORRE AVENUE • CUPERTINO, CA 95014 TELEPHONE: (408) 777-3220 (CITY HALL) WEBSITE: www.cupertino.org CONDUCT OF BUSINESS The Mayor is the presiding officer of the City Council. Any member of the public may speak on any item on the agenda for up to three minutes. All statements and questions must be addressed to the Mayor. City Council hearings serve as a venue for the discussion of sometimes divergent points of view. Please respect the opinions of others and refrain from outward expressions of emotions such as cheering or clapping. Such behavior delays the meeting and may intimidate other persons wishing to express alternate views. Loud, unruly outbursts will result in removal from the meeting. The proceedings of the meeting are recorded on audiotape and videotape; therefore, members of the audience who address the City Council must come to the lectern/microphone, and are requested to complete a Speaker Card and identify themselves. FLOWCHART FOR AGENDA ITEMS: Mayor introduces agenda item 41 1 Staff reports and makes 41-1 recommendation 1 Applicant or Appellant makes presentation (up to 10 mins.) 1 Mayor invites members of the public to speak about the agenda item 1 Mayor closes the hearing City Council votes on the agenda item Council members report any site visits or outside communications Council members ask questions Council members ask questions Speakers submit a Request to Speak card, and are allowed up to 3 minutes per individual. Council members may ask questions of speakers. A Council member makes a motion and obtains a second. The City Council then discusses the motion(s) and votes. PUBLIC HEARINGS The City Council is required by law to hold public hearings on certain matters prior to making its decision. Notice to interested parties is given by legal advertisement in the local newspaper of general circulation at least 10 calendar days preceding the hearing date. Applications requiring public hearings include change of zoning, variances, use permits, and tentative maps. COUNCIL MEETINGS The City Council regularly meets the first and third Tuesdays of each month. These meetings are held in the Council Chamber of the Cupertino Community Hall, 10350 Torre Avenue, at 6:45 p.m. Closed sessions, when needed, are normally held at 6:00 p.m. Closed sessions cover items such as personnel, litigation, or the sale , purchase, or lease of property. Actions taken in closed sessions are not final until acted upon in public session. Urgent business , holidays, or election days may trigger special or adjourned meetings. These meetings will be noticed beforehand. AGENDAS, MINUTES, AND PACKETS AVAILABLE ON THE WEB Agendas, minutes, and packets for current and prior City Council and Planning Commission meetings are available at www.cupertino.ora, or you can purchase the items on CD. CITY COUNCIL DECISION IS FINAL Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City's decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's office for more information or go to www. http://www.cupertino.org/index.aspx?page =125 for a reconsideration petition form. CITY OF CUPERTINO AGENDA CUPERTINO CITY COUNCIL 10300 Torre Avenue and 10350 Torre Avenue Tuesday, October 20, 2015 5:30 PM Non -televised Closed Session (5:30) Followed by Televised Meeting (6:45) NOTICE AND CALL FOR A SPECIAL MEETING OF THE CUPERTINO CITY COUNCIL NOTICE IS HEREBY GIVEN that a special meeting of the Cupertino City Council is hereby called for Tuesday, October 20, 2015, commencing at 5:30 p.m. in City Hall Conference Room A, 10300 Torre Avenue, Cupertino, California 95014. Said special meeting shall be for the purpose of conducting business on the subject matters listed below under the heading, "Special Meeting." The regular meeting items will be heard at 6:45 p.m. in Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, California. SPECIAL MEETING ROLL CALL - 5:30 PM City Hall Conference Room A, 10300 Torre Avenue CLOSED SESSION 1. Subject: Conference with Real Property Negotiators (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. 2. 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. 3. 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. ADJOURNMENT CITY OF CUPERTINO Page I City Council AGENDA October 20, 2015 REGULAR MEETING PLEDGE OF ALLEGIANCE - 6:45 PM Community Hall Council Chamber, 10350 Torre Avenue ROLL CALL STUDY SESSION 1. Subject: Study Session on potential Ballot Measures regarding Civic Center Master Plan and Vallco Shopping District Special Area Recommended Action: Conduct a Study Session on potential Ballot Measures regarding Civic Center Master Plan and Vallco Shopping District Special Area and give direction to staff Staff Report A - Memo from CAO reviewing options for voter input B - Summary CEREMONIAL MATTERS AND PRESENTATIONS 2. Subject: a. Resolution acknowledging City Attorney Carol Korade for her contributions to the City of Cupertino; and b. Proclamation recognizing Carol Korade on her retirement and thanking her for her outstanding work as City Attorney for the City of Cupertino Recommended Action: a. Adopt Resolution No. 15-088 acknowledging City Attorney Carol Korade for her contributions to the City of Cupertino; and b. Present proclamation A - Draft Resolution 3. Subject: Annual update from the Library 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 CITY OF CUPERTINO Page 2 City Council AGENDA October 20, 2015 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 September 15 City Council minutes Recommended Action: Approve the minutes A - Draft Minutes 5. Subject: Approve the October 6 City Council minutes Recommended Action: Approve the minutes A - Draft Minutes 6. Subject: Accept Accounts Payable for the period ending September 4, 2015 Recommended Action: Adopt Resolution No. 15-089 accepting Accounts Payable for the period ending September 4, 2015 A - Draft Resolution B - AP Report 7. Subject: Accept Accounts Payable for the period ending September 11, 2015 Recommended Action: Adopt Resolution No. 15-090 accepting Accounts Payable for the period ending September 11, 2015 A - Draft Resolution B - AP Report 8. Subject: Accept Accounts Payable for the period ending September 18, 2015 Recommended Action: Adopt Resolution No. 15-091 accepting Accounts Payable for the period ending September 18, 2015 A - Draft Resolution B - AP Report 9. Subject: Approve the Employment Contract for the City Attorney, amend the Housing Assistance Program for Department Heads, and amend the Appointed Employees' Compensation Program. Recommended Action: Authorize the Mayor to execute an Employment Contract with the new City Attorney for the City of Cupertino; and adopt Resolution No. 15-092 to amend the Housing Assistance Program for Department Heads; and adopt Resolution No. 15-093 to amend the Appointed Employees' Compensation Program. CITY OF CUPERTINO Page 3 City Council AGENDA October 20, 2015 Staff Report A - Redlined Draft Resolution Amending Housing Assistance Program B - Clean Draft Resolution Amending Housing Assistance Program C - Redlined Draft Resolution Amending Appointed Employees Compen� D - Clean Amended Appointed Employees Compensation Program E - City Attorney Contract Provided Under Separate Cover 10. Subject: Accept Annual Report Recommended Action: Accept the Draft Annual Report A - Draft Annual Report 11. Subject: Reaffirm Shirley Chu as the Financial Representative on the Housing Commission Recommended Action: Reaffirm Shirley Chu as the Financial Representative on the Housing Commission Staff Report A - Letter from Shirley Chu B - Letter from Branch Manager 12. Subject: Application for Alcoholic Beverage License for Cupertino Liquors, 7335 Bollinger Road, Suite F Recommended Action: Recommend approval of the Alcoholic Beverage License to the California Department of Alcoholic Beverage Control for Cupertino Liquors, 7335 Bollinger Road, Suite F Staff Report A - Application 13. Subject: Application for Alcoholic Beverage License for Red Hot Wok, 10074 East Estates Drive Recommended Action: Recommend approval of the Alcoholic Beverage License to the California Department of Alcoholic Beverage Control for Red Hot Wok, 10074 East Estates Drive Staff Report A - Application 14. Subject: Phase 1 of the Storm Drain Master Plan Update Recommended Action: 1. Authorize the City Manager to award a contract for surveying and information gathering of the City's storm drain system to Sandis Civil Engineers, Inc., in the amount of $285,000; and 2. Authorize a contingency budget of $45,000, approximately fifteen (15%) of the surveying contract value, to address unforeseen conditions during the project. Staff Report A - Draft Agreement CITY OF CUPERTINO Page 4 City Council AGENDA October 20, 2015 15. Subject: Wilson Park Improvements 2015, Project No. 2015-08 Recommended Action: 1. Accept this report on bids; 2. Reject all bids received for the Wilson Park Improvements 2015, Project No. 2015-08; and 3. Remove the three CIP projects, listed below, that comprise the Wilson Park Improvements 2015 Project No. 2015-08, from the FY 2016 Capital Improvement Program, and liquidate the project budget balances to return the funds to Fund 429 Capital Reserve - 1) Wilson Park -Ball Safety Netting Screens (Budget Unit 580-90-907), 2) Wilson Park -Bleacher Shade Canopies (Budget Unit 580-90-908) and 3) Wilson Park -Building and Landscape Improvements (Budget Unit 580-90-945) Staff Report SECOND READING OF ORDINANCES PUBLIC HEARINGS 16. Subject: Citywide amendments to Community Vision 2040 (General Plan). The General Plan amendments address proposed policy, text and figure edits including, but not limited to updates, corrections, clarifications, and re -organization. These changes are located throughout the General Plan including, but not limited to, land use, transportation, environmental and waste management, community services, infrastructure, parks, and open space and community benefits, goals, policies, strategies, figures and appendices. In making changes to the General Plan, the City's policies in the prior General Plan (2000 - 2020) will be used as a point of comparison. (GPA-2015-01, City-wide) Actions related to 10950 N. Blaney Avenue (Mirapath property): Change of General Plan designation from Industrial/Residential to Industrial/Commercial/Residential and associated Municipal Code Amendment to rezone the property at 10950 N. Blaney Avenue from Light Industrial with special development conditions (ML-fa) to Planned Development with Light Industrial and General Commercial uses (P(ML,CG)). (Z-2015-01, 10950 N. Blaney Avenue, APN: 316 03 041) Council will further take action under CEQA for all matters under consideration. CITYOFCUPERTINO Page 5 City Council AGENDA October 20, 2015 Recommended Action: Staff recommends that the City Council conduct a public hearing and take the following actions: 1. Adopt the Addendum to the certified General Plan Amendment, Housing Element Update and Associated Rezoning Environmental Impact Report (EIR), EA-2013-03; 2. Adopt Resolution No. 15-087, "A resolution of the City Council of the City of Cupertino approving a General Plan Amendment to Community Vision 2040 (General Plan) Policy, Text And Figures pertaining to citywide issues, and a change to the General Plan land use map to change the land use designation of one property located at 10950 N. Blaney Ave from Industrial/Residential to Industrial/Commercial/Residential," GPA-2015-01, adopting amendments to Community Vision 2040 (General Plan), in substantially similar form to the attached Resolution, to make: a. Changes and corrections to the General Plan (including Appendices) goals, policies and strategies, b. Changes and corrections to the General Plan figures in Chapter 2, Planning Areas, Chapter 3, Land Use and Community Design, Chapter 5, Mobility and Chapter 8, Infrastructure and inclusion of Neighborhood and Special Area maps in Chapter 2, Planning Areas and the Noise Contours snap in Appendix D, Community Noise Control Fundamentals c. A change to the General Plan Land Use Map to change the land use designation of property located at 10950 N. Blaney Ave from Industrial/Residential to Industrial/Commercial/Residential; 3. Conduct the first reading of Ordinance 15-2135, "An Ordinance of the City Council of the City of Cupertino rezoning a 0.98 acre parcel from Light Industrial with Special Development Conditions (ML-fa) to Planned Development Zoning District with Light Industrial And Commercial Uses P(ML, CG)," Z-2015-01 Staff Report A - Resolution No. 15-087 B - Ordinance No. 15-2135 C - Planning Commission Resolution No. 6789 D - Planning Commission Resolution No. 6790 E - Comparison Tables - June 9 2015 F - Public Comments G - Comparison Tables - September 10 2015 H - Email from Jerry Liu - Library Commissioner I - Addendum dated October 1, 2015 J - ERC Recommendation dated October 1, 2015 ORDINANCES AND ACTION ITEMS 17. Subject: An Ordinance amending Section 2.12.040 of the Cupertino Municipal Code to clarify the number of votes required to pass ordinances, resolutions, and CITY OF CUPERTINO Page 6 City Council AGENDA October 20, 2015 certain orders to ensure that the Municipal Code is consistent with State Law Recommended Action: Conduct the first reading of Ordinance No. 15-2136: An Ordinance of the City Council of the City of Cupertino amending Section 2.12.040 of the Cupertino Municipal Code regarding the number of votes required for Ordinances, Resolutions, and Certain Orders Staff Report A - Redline Draft Ordinance B - Clean Draft Ordinance 18. Subject: Consider continuing the policy of providing action minutes for City Council meetings Recommended Action: Consider continuing the policy of providing action minutes for City Council meetings Staff Report 19. Subject: Designate voting delegate and alternates for National League of Cities Annual Business Meeting November 7 in Nashville, TN Recommended Action: Designate voting delegate and up to two alternatives Staff Report A - Conference Information REPORTS BY COUNCIL AND STAFF 20. Subject: Report on Committee assignments and general comments Recommended Action: Report on Committee assignments and general comments ADJOURNMENT CITYOFCUPERTINO Page 7 City Council AGENDA October 20, 2015 The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6; litigation challenging a final decision of the City Council must be brought within 90 days after a decision is announced unless a shorter time is required by State or Federal law. Prior to seeking judicial review of any 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 o, f 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 8 THE CITY COUNCIL AND STAFF CITY COUNCIL Cupertino is a General Law city organized under and subject to statutes of the State of California. It is governed by the five -member City Council with the Mayor as the presiding officer. City Council members are elected at -large to four-year, overlapping terms. Each November a mayor and a vice -mayor are selected by the City Council for a one-year term. The City Council receives advice and assistance from nine commissions, which are appointed by the Council. These are the Bicycle Pedestrian Commission, Fine Arts Commission, Cupertino Housing Commission, Library Commission, Parks and Recreation Commission, Planning Commission, Public Safety Commission, Teen Commission, and the Technology, Information, and Communications Commission. Council members also serve on a variety of regional bodies, including: Association of Bay Area Governments League of California Cities Santa Clara County (SCC) Cities Association SCC Emergency Preparedness Council SCC Library District SCC Emergency Preparedness Commission Santa Clara Valley Water Commission and Water District SCC Transportation Authority West Valley Mayors and Managers STAFF The City Manager and the City Attorney are appointed by the Council. The City Manager is responsible for interpreting and carrying out Council policies and direction, and as the chief administrative officer, the City Manager coordinates the many activities of the city and appoints the professional and technical staff. The City Attorney is the advisor to the City Council as a whole. TYPES OF COUNCIL ACTIONS ORDINANCES Ordinances are the means by which the City enacts its local laws. Unless an urgent situation exists, ordinances will first be presented at a Council meeting as a "first reading." At a subsequent Council meeting, there will be a "second reading and adoption." Ordinances go into effect after a waiting period of thirty days, in most cases, during which time the summary of the ordinance is published in a local newspaper approved for this purpose. RESOLUTIONS Resolutions and minute orders are the means by which the City Council formally adopts policies or approves specific actions. These go into effect when adopted. APPEALS Any interested person, including a Council member, may appeal a Planning Commission or Director of Community Development decision to the City Council. An appeal must be submitted in writing to the City Clerk within 14 calendar days of the mailing of the notice of the decision. RECONSIDERATION Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City's decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's office for more information or go to www. http://www.cupertino.org/index.aspx?page=125 for a reconsideration petition form. COMMUNICATING WITH COUNCIL All Council members: citycouncil@cupertino.org Rod Sinks RSinks@cupertino.org (408) 777-3194 Barry Chang BChang@cupertino.org (408) 777-3192 Darcy Paul DPaul@cupertino.org (408) 777-3195 Gilbert Wong GWong@cupertino.org (408) 777-3191 Savita Vaidhyanathan SVaidhyanathan@cupertino.org (408) 777-3193 Council secretary KarenG@cupertino.org (408) 777-3212 City Hall www.cupertino.org (408) 777-CITY Please note: the City Council discourages submission of written materials on the day of the meeting as this does not provide enough time to give the materials fair evaluation. If you must provide written materials on the day of the meeting, as least one copy must be given to the City Clerk for the permanent record, and ten copies are preferred. 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