CC Exhibit 04-07-15 Agenda f
GRACE SCHMIDT (T)
CUPE'RTINO
AGENDA OF THE CITY COUNCIL
TUESDAY, April 7, 2015
Regular Meeting 6:45 PM
TIMED
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 '
City Manager Staff
Staff '
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Staff Staff
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Speaker's
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COMMUNITY HALL COUNCIL CHAMBER
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10350 Torre Avenue, Cupertino, California 95014
(408) 777-3200 (City Hall) ''
,%vww.cupertino.org
CONDUCT OF BUSINESS PUBLIC HEARINGS
The Mayor is the presiding officer of the City Council.Any member of the .5 The City Council is required by law to hold
public may speak on any item on the agenda for up to three minutes.All public hearings on certain matters prior to
statements and questions must be addressed to the Mayor. making its decision.Notice to interested
parties is given by legal advertisement in
City Council hearings serve as a venue for the discussion of sometimes the local newspaper of general circulation
divergent points of view. Please respect the opinions of others and refrain at least 10 calendar days preceding the
from outward expressions of emotions such as cheering or clapping. Such hearing date. Applications requiring public
behavior delays the meeting and may intimidate other persons wishing to hearings include change of zoning,
express alternate views. Loud,unruly outbursts will result in removal from variances;use permits,and tentative maps.
the meeting.
The proceedings of the meeting are recorded on audiotape and videotape; COUNCIL MEETINGS
therefore,members of the audience who address the City Council must come The City Council regularly meets the first
to the lectern/microphone,and are requested to complete a Speaker Card and third Tuesdays of each month. These
and identify themselves. meetings are held in the Council Chamber
of the Cupertino Community Hall,10350
Torre Avenue,at 6:45 p.m. Closed
sessions,when needed,are normally held at
6:00 p.m.Closed sessions cover items such
as personnel,litigation,or the sale,
- - purchase,or lease of property.Actions '
FLOWCHART FOR AGENDA ITEMS: "` taken in closed sessions are not final until
acted upon in public session.
Mayor introduces Council members report any site visits
agenda item
or outside communications Urgent business, holidays,or election days
may trigger special or adjourned meetings.
These meetings will be noticed beforehand.
Staff reports and makes Council members ask questions
recommendation AGENDAS,MINUTES,AND PACKETS
AVAILABLE ON THE WEB
` Agendas,minutes,and packets for current
and prior City Council and Planning
Applicant Council members ask questions Commission meetings are available at
makes
presentation www.cupertino.oror you can purchase
(up to 10 mins.) the items on CD.
j CITY COUNCIL DECISION IS FINAL
Prior to seeking judicial review of any
Mayor invites members of Speakers submit-a Request to
Y adjudicatory(quasi-judicial)decision,
the public to speak about Speak card,and are allowed up to
3 minutes er individual, or u to interested persons must file a petition for
P
the agenda item p
10 minutes per group. Council reconsideration within ten calendar days of
members may ask questions of F the date the City Clerk mails notice of the
speakers. City's decision.Reconsideration petitions
Mayor closes the hearing must comply with the requirements of
Cupertino Municipal Code§2.08.096.
Contact the City Clerk's office for more t
information or go to www.
http://www.cupertino.org/index.aspx?page
=125 for a reconsideration petition form.
A Council member makes a motion
and obtains a second.
City Council
votes on the The City Council then discusses the f
agend6.1 e motion(s)and votes. ' '
CITY OF CUPERTINO
AGENDA
CUPERTINO: CITY COUNCIL
10350 Torre Avenue, Council Chamber
Tuesday,April 7, 2015
6:45 PM
PLEDGE OF ALLEGIANCE
ROLL CALL
CEREMONIAL MATTERS AND PRESENTATIONS
6:50(5) 1. Subject: 2015 Arbor Day Proclamation -
Recommended Action: Present proclamation
6:55(5) 2: Subject: Presentation by Santa Clara County Fire Department(SCCFD) and El
Camino Hospital regarding the "Find the AED Contest"
Recommended Action: Receive the presentation
POSTPONEMENTS
7:00(5) 3. Subject: Update of Master Street Tree List
Recommended Action: Continue this item to April 21 st
7:05(5) 4. Subject: Main Street major retail and shop 6 buildings, park space and gateway
feature (This item will tentatively be heard on May 5 and will be re-noticed)
7:10(10) 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.
7:20(5) CONSENT CALENDAR
Unless there are separate discussions and/or actions requested by council, staff or a
member of the public, it is requested that items under the Consent Calendar be acted on
simultaneously.
5. Subject: Approve the March 17 City Council minutes
CITPOF CUPERTINO Page l
City Council AGENDA April 7,2015
Recommended Action: Approve minutes
A-Draft Minutes
6. Subject: Accept Accounts Payable for period ending March 13, 2015
Recommended Action: Adopt Resolution No. 15-018 accepting Accounts Payable
for the period ending March 13, 2.015
A-Draft Resolution
B -AP Report
7. Subject: Accept Accounts Payable for period ending March 20, 2015
Recommended Action: Adopt Resolution No. 15-019 accepting Accounts Payable
for the period ending March 20, 2015
A-Draft Resolution
B-AP Report
S. Subject: Third Amendment to the Employment Contract for the City Attorney
Recommended Action: Approve the -amendment to the employment contract for the
City Attorney
Staff Report
A-Redlined-Third Amendment to the Employment Contract for the Cit`
B-Clean-Third Amendment to the Employment Contract for the City A
9. Subject: Application for Alcoholic Beverage License for Fresh Pixx, 20080
Stevens Creek Boulevard, Suite 106
Recommended Action: Recommend approval of the Alcoholic Beverage Control
License to the California Department of Alcoholic Beverage- Control for Fresh Pixx,
20080 Stevens Creek Boulevard, Suite 106.
Staff Report
A-Application
10. Subject: Application for . Alcoholic Beverage License for Lyfe' Kitchen, 19399
Stevens Creek Boulevard, Suite 106
Recommended Action: Recommend approval of the Alcoholic Beverage Control
License to the California Department . of Alcoholic Beverage Control for Lyfe
Kitchen, 19399 Stevens Creek Boulevard, Suite 106.
Staff Report
A-Application
11. - Subject: Application for Alcoholic Beverage License for I Sushi & Grill, 20371
Stevens Creek Boulevard,
Recommended Action: Recommend approval of the Alcoholic Beverage Control
License to the California Department of Alcholic Beverage Control for I Sushi &
Grill, 20371 Stevens Creek Boulevard.
CITYOF CUPERTINO Page 2
City Council AGENDA April 7,2015
Staff Report
A-Application
12. Subject: Approval of the Countywide AB 939 Agreement and of the Agreement
to participate in the Countywide Household Hazardous Waste (HHW) Program
Recommended Action: a. Adopt Resolution No. 15-020, authorizing execution of
the Agreement for Countywide AB 939 Implementation Fee for FY 2016-2018
b. Adopt Resolution No. 15-021, authorizing execution of the Agreement for
Countywide Household Hazardous Waste Collection Program for FY 2016-2018
Staff Report
A-Draft Resolution authoriziniz aueement for AB 939
B-Draft Resolution authorizing agareement for HHWC,
C-Agreement for AB 939
D-Agreement for HHWC
3. Subject: Monta Vista Storm Drain Improvements Project,No. 2004-9620
Recommended Action: Authorize the City Manager to award a contract to Casey
Construction, Inc. of Emerald Hills, CA in the amount of $1,423,980; and approve a
construction contingency of$285,000 (20%) for a total of$1,708,980
Staff Report
A-Draft Contract
14. Subject: 2014 Sidewalk Accessibility Improvements, Project No. 2014-15,
authority to award construction contract
Recommended Action: Authorize the City Manager to award the construction
contract plus a 10% contingency if the bids are within the established budget and
there are no unresolved bid protests
Staff Report
SECOND READING OF ORDINANCES
7:25(10)15. Subject: An Ordinance of the City Council of the City of Cupertino Amending
Section 11.32 of the Cupertino Municipal Code Relating to Truck Traffic Routes
(second reading)
Recommended Action: Conduct second reading and enact Ordinance No. 15-2128:
"An Ordinance of the City Council of the City of Cupertino amending Chapter 11.32
of the Cupertino Municipal Code to restrict truck access to streets adjacent to public
schools during certain hours"
Staff Report
A-Draft Ordinance
B -Draft Redlined Ordinance
C-March 3, 2015 Staff Report
CITYOFCUPERTINO Page 3
City Council AGENDA April 7,2015
PUBLIC IIEAI2INGS
7:35(60)16. Subject: Appeal of a Planning Commission approval of a proposed 15 unit
apartment development on Foothill Boulevard
Recommended Action: Hear the appeal and uphold the Planning Commission
decision to approve the project based on Draft Resolution 15-022 (DP-2014-08),
Draft Resolution 15-023 (ASA-2014-13) and Draft Resolution 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: 10310N 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
Staff Report
A-Draft Resolution DP-2014-08
B -Draft Resolution ASA-2014-13
C-Draft Resolution TR-2014-60
D-Letter of Appeal from the Appellants
E-Traffic Study(Hexagon Transportation Consultants,Inc.) dated Marc.
F-Plamling Commission Resolution No. 6773,DP-2014-08
G-Planning Commission Resolution No. 6774,ASA-2014-13
H-Planning Commission Resolution No. 6775, TR-2014-60
I-Planning Commission Staff Report dated February 10, 2015
J-Planning Commission draft meeting minutes from February 10, 2015
K=Plaiming Commission-approved plans
8:35(20) 17. Subject: 2015-20 Community Development Block Grant (CDBG) Program
Consolidated Plan, 2015-16 Annual Action Plan and 2015-16 Grant Funding
Allocations
Recommended Action: Conduct Public Hearing; and 1) Adopt Draft Resolution No.
15-025 approving the 2015-20 Community Development Block Grant (CDBG) .
Program Consolidated Plan, 2015-16 CDBG Annual Action Plan and; 2) Adopt
Draft Resolution No. 15-026 approving the 2015-16 CDBG, General Fund Human
Service Grants (HSG) Program and Below Market-Rate '(BMR) Affordable Housing
Fund(AHF) funding allocations
CITY OF CUPERTINO Page 4
City Council AGENDA April 7,2015
Staff Report
A-Draft Resolution
B-Draft Resolution
C-Consolidated Plan&Annual Action Plan
D- Grant Application Summary
E-Grant Application Descriptions
F-HSG Grant Contract Amendment
G-BMR AHF Grant Contract Amendment
H-CDBG Public Service Contract Amendment
I-CDBG Rehab Grant Contract
J-CDBG Rehab Grant Agreement
K-CDBG Rehab Regulatory Agreement
8:55(5) 18. Subject: Vacate a Portion of the Cordova Road Roadway Easement, Along
10645, 10655, and 10665 Cordova Road
Recommended Action: Conduct a public hearing and adopt Resolution No. 15-027
vacating a portion of Cordova Road
Staff Report
A-Vacation and Dedication Exhibit
B -Draft Resolution
ORDINANCES AND ACTION ITEMS
9:00(15) 19. Subject: Cupertino's Safe Routes to School Task Force is a coordinated effort
between the City, the Cupertino Union School District and the Fremont Union
High School District to change community behavior, attitudes, and social norms
to make it safer for all students to walk and bike to and from school through both
programs and infrastructure projects
Recommended Action: Staff recommends that the Council adopt Resolution No.
15-017 in support of the Safe Routes to School National Partnership Consensus
Statement (Attachment B) which lays the foundation to launch Cupertino's Safe
Routes to School Task Force Pilot Program. This effort will formally ally the City
and School Districts to team with relevant stakeholders to educate school site
administrators, parents, ' and students about bicycle safety; build multigenerational
pedestrian and cyclist awareness; and mitigate traffic concerns by promoting a
comprehensive, proactive behavior and infrastructure-based approach to securing
safety along school routes and within school sites
Staff Report
A-Draft Resolution Safe Routes to School
B - Safe Routes to School Concensus Statement
C- Safe Routes to School Update
D- Safe Routes to School Primer
CITY OF CUPERTINO Page 5
City Council AGENDA April 7,2015
9:15(20) 20. Subject: An Ordinance of the City Council of the City of Cupertino Amending
Sections of Chapter 2.40 of the Cupertino Municipal Code Relating to Disaster
Council.
Recommended Action: Conduct First Reading of Ordinance No. 15-2129: "An
Ordinance of the City Council of the City of Cupertino amending sections of Chapter
2.40 of Title 2 of the Cupertino Municipal Code relating to the membership and role
of the Disaster Council and for other clarifications.
Staff Report
A-Redline Draft Ordinance
B- Clean Draft Ordinance
REPORTS BY COUNCIL AND STAFF
9:35(10)21. Subject: Report on Committee assignments and general comments
Recommended Action: Report on Committee assignments and general comments
9:45 ADJOURNMENT
CITY OF CUPERTINO Page 6
City Council AGENDA April 7,2015
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.
bz 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 agendalminutes page on the Cupertino
web site.
Members of the public are entitled to address the City Council concerning. any item that
is described in the notice or agenda for this meeting, before or during consideration of
that item. If you wish to address the Council on any issue that is on this agenda, please
complete a speaker request card located in front of the Council, and deliver it to the
Clerk prior to discussion of the' item. When you are called, proceed to the podium and
.the Mayor will recognize you. If you wish to address the City Council on any other item
not on the agenda, you may do so by during the public comment portion of the meeting
following the same procedure described above. Please limit your comments to three (3)
minutes or less.
CITY OF CUPERTINO Page 7
THE CITY COUNCIL AND STAFF
!;:
CITY COUNCIL
Cupertino is a General Law city organized under and subject to statutes of the State of California.It is governed by the
five-member City Council with the Mayor as the presiding officer.City Council members are elected at-Large to four-year,
overlapping terms. Each November a mayor and a vice-mayor are selected by the City Council for a one-year term.
The City Council receives advice and assistance from nine commissions,which are appointedby 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: F.
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 awhole.
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 focal 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/indez.aspx?page=125 for a reconsideration petition form.
..;. . . - •. ,. - _ - .tan. v. . .x
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 `xk
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