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03-17-15 Searchable packet (Amended)CITY OF CUPERTINO AGENDA Tuesday, March 17, 2015 10350 Torre Avenue, Council Chamber CITY COUNCIL 4:30 PM AMENDED Amended on 3/12/15 to add special meeting Item #1a and change start time from 5:00 p.m. to 4:30 p.m. AMENDED 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, March 17, 2015, commencing at 4:30 p.m. in City Hall Conference Room A, 10300 Torre Avenue, Cupertino, California. Said special meeting shall be for the purpose of conducting business on the subject matters listed below under the heading, “Special Meeting." The regular meeting items will be heard at 6:45 p.m. in Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, California. SPECIAL MEETING ROLL CALL - 4:30 PM City Hall Conference Room A, 10300 Torre Avenue CLOSED SESSION 1a.Subject: Conference with Legal Counsel-Anticipated Litigation; Initiation of Litigation pursuant to paragraph (4) of subdivision (d) of Gov’t Section 54956.9: One Case 1.Subject: Public Employment (54957) - Title: City Attorney 2.Subject: Public Employee Performance Evaluation (54957) - Title: City Attorney COMMISSIONS INTERVIEWS - 6:00 PM City Hall Conference Room A, 10300 Torre Avenue 3.Subject: Interview applicants for the Technology, Information, and Page 1 CITY OF CUPERTINO 1 March 17, 2015City Council AGENDA Communications Commission (TICC) Recommended Action: Conduct interviews and make appointments A - Interview Schedule B - Commission Diversity Resolution C - Advisory Commissions Resolution D - TICC Questions E - TICC Applications F - Current Commission List G - 2015 Commission Attendance Report ADJOURNMENT REGULAR MEETING PLEDGE OF ALLEGIANCE - 6:45 PM Community Hall Council Chamber, 10350 Torre Avenue ROLL CALL CEREMONIAL MATTERS AND PRESENTATIONS 1.Subject: Update from Captain Rick Sung regarding crime statistics Recommended Action: Receive the update POSTPONEMENTS 2.Subject: GPA for changes to development allocations that was originally noticed for tonight's agenda was re-noticed to April 21 ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the council on any matter not on the agenda. Speakers are limited to three (3) minutes. In most cases, State law will prohibit the council from making any decisions with respect to a matter not listed on the agenda. CONSENT CALENDAR Unless there are separate discussions and/or actions requested by council, staff or a member of the public, it is requested that items under the Consent Calendar be acted on simultaneously. 3.Subject: Approve the February 3 City Council minutes Recommended Action: Approve the minutes Page 2 CITY OF CUPERTINO 2 March 17, 2015City Council AGENDA A - Draft Minutes 4.Subject: Approve the March 3 City Council minutes Recommended Action: Approve the minutes A - Draft Minutes 5.Subject: Accept Accounts Payable for period ending February 20, 2015. Recommended Action: Adopt Resolution No. 15-012 accepting Accounts Payable for the period ending February 20, 2015. A - Draft Resolution B - AP Report 6.Subject: Accept Accounts Payable for the period ending February 27, 2015. Recommended Action: Adopt Resolution No. 15-013 accepting Accounts Payable for the period ending February 27, 2015. A - Draft Resolution B - AP Report 7.Subject: Accept Accounts Payable for period ending March 6, 2015. Recommended Action: Adopt Resolution No. 15-014 accepting Accounts Payable for period ending March 6, 2015. A - Draft Resolution B - AP Report 8.Subject: Application for Alcoholic Beverage License for Eureka! Burger, 19369 Stevens Creek Boulevard, Suite 300 Recommended Action: Recommend approval of Application for Alcoholic Beverage License for Eureka! Burger, 19369 Stevens Creek Boulevard, Suite 300 Staff Report A - Application 9.Subject: Notice of Intent to Vacate a Portion of the Cordova Road Roadway Easement, Along 10645, 10655, and 10665 Cordova Road Recommended Action: Adopt Resolution No. 15-015 to notice the public of the intent to vacate a portion of Cordova Road, and set a public hearing on April 7, 2015 at 6:45p.m. Staff Report A - Draft Resolution 10.Subject: Update of Master Street Tree List Recommended Action: Adopt Resolution No. 15-016 to update the Master Street Tree List Page 3 CITY OF CUPERTINO 3 March 17, 2015City Council AGENDA Staff Report A - Revised Master Street Tree List B - Redlined Revised Master Street Tree List C - Themed Neighborhood Map D - Redlined Themed Neighborhood Map E - Draft Resolution 11.Subject: Public Building Solar Installation - Service Center Recommended Action: Accept City project Staff Report 12.Subject: Sport Center Tennis Court Retaining Wall Replacement Recommended Action: Accept City Project Staff Report SECOND READING OF ORDINANCES PUBLIC HEARINGS ORDINANCES AND ACTION ITEMS 13.Subject: Consider cancelling meeting(s) in the summer Recommended Action: Provide direction to staff Staff Report REPORTS BY COUNCIL AND STAFF 14.Subject: Construction Project Update Report (Continued from March 3) Recommended Action: Receive Construction Project Update Report 15.Subject: Report on Committee Assignments Recommended Action: Report on Committee Assignments ADJOURNMENT Page 4 CITY OF CUPERTINO 4 March 17, 2015City Council AGENDA 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. Page 5 CITY OF CUPERTINO 5 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:115-0776 Name: Status:Type:Closed Session Agenda Ready File created:In control:3/12/2015 City Council On agenda:Final action:3/17/2015 Title:Subject: Conference with Legal Counsel-Anticipated Litigation; Initiation of Litigation pursuant to paragraph (4) of subdivision (d) of Gov’t Section 54956.9: One Case Sponsors: Indexes: Code sections: Attachments: Action ByDate Action ResultVer. Subject: Conference with Legal Counsel-Anticipated Litigation; Initiation of Litigation pursuant to paragraph (4) of subdivision (d) of Gov’t Section 54956.9: One Case CITY OF CUPERTINO Printed on 3/12/2015Page 1 of 1 powered by Legistar™6 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:115-0758 Name: Status:Type:Closed Session Agenda Ready File created:In control:3/4/2015 City Council On agenda:Final action:3/17/2015 Title:Subject: Public Employment (54957) - Title: City Attorney Sponsors: Indexes: Code sections: Attachments: Action ByDate Action ResultVer. Subject: Public Employment (54957) - Title: City Attorney CITY OF CUPERTINO Printed on 3/12/2015Page 1 of 1 powered by Legistar™7 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:115-0756 Name: Status:Type:Closed Session Agenda Ready File created:In control:3/4/2015 City Council On agenda:Final action:3/17/2015 Title:Subject: Public Employee Performance Evaluation (54957) - Title: City Attorney Sponsors: Indexes: Code sections: Attachments: Action ByDate Action ResultVer. Subject: Public Employee Performance Evaluation (54957) - Title: City Attorney CITY OF CUPERTINO Printed on 3/12/2015Page 1 of 1 powered by Legistar™8 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:115-0667 Name: Status:Type:Commissions Interviews Agenda Ready File created:In control:2/3/2015 City Council On agenda:Final action:3/17/2015 Title:Subject: Interview applicants for the Technology, Information, and Communications Commission (TICC) Sponsors: Indexes: Code sections: Attachments:A - Interview Schedule B - Commission Diversity Resolution C - Advisory Commissions Resolution D - TICC Questions E - TICC Applications F - Current Commission List G - 2015 Commission Attendance Report Action ByDate Action ResultVer. City Council3/17/20151 Subject: Interview applicants for the Technology, Information, and Communications Commission (TICC) Conduct interviews and make appointments CITY OF CUPERTINO Printed on 3/12/2015Page 1 of 1 powered by Legistar™9 Page 1 of 1 Approximate interview time (8 minutes for each) 2 full terms ending Jan ’19 Notes - Residency requirement for all five members 1 6:00 Broadwater, Keita M 2 6:08 Deshpande, Vaishali F 3 6:16 Datar, Vivek M 4 6:24 Noor, Arshad M 6:32 Vote for 2 COMMISSION INTERVIEW SCHEDULE - 6:00 PM, TUESDAY, MARCH 17 TECHNOLOGY, INFORMATION, AND COMMUNICATIONS COMMISSION 10 RESOLUTION NO. 03-203 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ESTABLISHING A POLICY EMBRACING THE CITY’S DEMOGRAPHIC DIVERSITY (ADVISORY COMMISSONS AND COMMITTEES) WHEREAS, the City intends to provide efficient, effective and equitable governmental services to all of Cupertino, and WHEREAS, respect for all cultures, and other demographic differences is the foundation of Cupertino’s future, and WHEREAS Cupertino’s residents are its most important resource, their cultural and economic diversity provides the living fabric that binds Cupertino together, and WHEREAS, the involvement and commitment of the entire Cupertino community produces a better quality of life with residents and city government working in partnership, and WHEREAS, it is vital in maintaining a high performing, productive city government in which each resident and each city employee is valued for his or her unique gifts and talents, that the city capitalize on the innovation inherent within the community and within city government, and WHEREAS, the City of Cupertino recognize that diversity includes culture, gender, age and other important demographic differences within the City and that valuing each diversity is fundamental in the way the City provides services to its residents, and WHEREAS, the City believes that diverse city commissions and committees provide advantages offered by a variety of diverse perspectives and in increasing the City’s ability to serve its diverse population. NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: I. Commissions and Committees A. To foster comprehensive representation within advisory commissions and committees, it would be advantageous for new members to represent the community by such factors as culture, gender, age, and location of residency within the city. B. In the conduct of their business, commission and committee members shall pursue the benefit of a variety of perspectives in making decisions. C. Commissions and committees increase the city’s potential, effectiveness and creativity as an organization by offering a wide range of approaches and perspectives to addressing issues and solving problems. 11 Resolution No. 03-203 2 II. Other means of communicating this policy to the general public The City of Cupertino’s embracing of diversity will also be communicated and reflected through such means as festivals and events, recreation and education programs, public art, city publications and media programming. III. Dissemination and enforcement of this policy This policy shall be incorporated into the following: 1) All notices seeking commission and committee applications; 2) Shall be adopted by the City Manager as an administrative procedure, who shall be responsible for the implementation of this policy. From time to time, the City Manager will report the status of such implementation to the City Council; 3) Shall be posted at both the City Clerk’s Office and at the City’s Department of Human Resources. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 3rd day of November 2003, by the following vote: Vote Members of the City Council AYES: Chang, James, Lowenthal, Kwok, Sandoval NOES: None ABSENT: None ABSTAIN: None ATTEST: APPROVED: /s/ Kimberly Smith /s/ Michael Chang ______________________ _______________________ City Clerk Mayor, City of Cupertino 12 RESOLUTION NO. 10-048 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO RESCINDING RESOLUTION NO. 07-129 AND AMENDING THE RESOLUTION ESTABLISHING RULES GOVERNING RECRUITMENT, ATTENDANCE, APPOINTMENTS, AND VACANCIES ON CITY ADVISORY BODIES TO CHANGE THE MANDATORY WAITING PERIOD TO TWO YEARS BEFORE COMMISSIONERS CAN APPLY FOR THE SAME COMMISSION OR COMMITTEE WHEREAS, the City of Cupertino wishes to establish uniform terms and conditions of office for advisory commissions; and WHEREAS, there are within the City of Cupertino many citizens with talent, expertise and experience who wish to serve the community; and WHEREAS, the City Council believes it is important to provide these citizens the opportunity to contribute to their community; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino rescinds Resolution No.02-064 and establishes the following rules governing recruitment, appointment and reappointment to City of Cupertino Advisory bodies. A. RECRUITMENT 1. Two months before regular terms expire, or immediately following receipt of a resignation, the City Clerk distributes the vacancy notice as follows: • The Cupertino Scene • The Cupertino Courier • The World Journal • The Cupertino City Channel • City Hall bulletin board • The City Clerk’s Office • The Cupertino Library • The Cupertino Chamber of Commerce • Cupertino City Web site • Other organizations as appropriate with respect to the openings • All persons with applications on file for that particular commission 2. Two months before regular terms expire, the City Clerk’s Office also mails the vacancy notice to the following individuals: • Students and graduates of Cupertino Emergency Response Training • Students or graduates of Leadership Cupertino • Neighborhood Block Leaders 13 Resolution No. 10-048 Page 2 • Individuals who have signed up for notification at the Cupertino Town Hall meetings. 3. All vacancy notices and posting shall be done in accordance with the provisions of the Maddy Act, California Government Code 54970. Specifically, vacancy notices shall be posted for a minimum of 10 days. 4. Applications will be retained for a maximum of one year after Council review. After that time, applicants shall submit a new application if they wish to remain on the list for consideration. 5. Those persons with applications on file within one year of Council review are advised of the vacancy by the City Clerk and may activate that application. Upon receipt of the vacancy notice, the applicant must contact the City Clerk’s Office and ask that the application be reactivated. 6. An applicant may file for a maximum of two commissions at any one application period. 7. A member of an advisory body, having completed two consecutive terms, must wait two years after the term would have normally ended before being eligible to apply for the same commission or committee. 8. Application forms will be available in the City Clerk’s Office and will be mailed upon request with information about the opening(s). Application forms will also be available on the City’s Web site. 9. No application shall be accepted after the deadline. 10. When the final deadline has passed, the City Clerk’s Office will mail applicants the date, time and location of the interviews along with sample questions to consider. 11. The City Clerk’s Office will copy the applicants’ written material for Council members. The written material will also be available for public review in the City Clerk’s Office. 12. An applicant who is unable to attend the interview may submit a five-minute video presentation in advance of the interview meeting. The tape will be reviewed at the meeting. The video will be made by City staff at the applicant’s request upon the approval of the City Clerk. The City will fund these costs. 14 Resolution No. 10-048 Page 3 B. INTERVIEWS AND APPOINTMENTS 1. When Council meets to conduct interviews, it is a public meeting subject to the Brown Act and therefore open to the public. The candidates will be asked by the City Clerk (either in person or by written instructions left in the waiting area) to remain seated in the waiting area until they are called in for the interview. Candidates will also be asked to return to the waiting area until the announcement of the vote, or to go home and contact the City Clerk’s Office the next day regarding the results. However, all applicants and members of the public have the option of remaining in the room for any or all of the meeting. 2. The order in which interviews are scheduled to take place will be determined by a drawing of names. The City Clerk will do this in advance. 3. Interviews are informal and usually last 5-8 minutes. Council members are looking for: • Familiarity with the subject • Decision-making ability • Commitment to the position for which they have applied 4. Appointments will be made following a vote in public. Ballots will be distributed, and Council members will vote and sign the ballots. The City Clerk will announce the votes. 5. All appointees will be provided with a Certificate of Appointment. C. UNSCHEDULED VACANCIES AND ATTENDANCE 1. If a vacancy occurs for an unexpired term and interviews for appointment to that advisory body have been conducted within the previous ninety days, the unexpired term may be filled from those applications following the required posting of the vacancy. 2. The notice of unscheduled vacancy shall be posted no earlier than 20 days before nor later than 20 days after the vacancy occurs, and at least 10 working days before appointment. The notice of unscheduled vacancy must be posted in the Office of the City Clerk, at the City Hall bulletin board, at the Cupertino Library, and in other places designated by the City Clerk. 3. A member shall be considered removed from an advisory body under the following conditions. • A member misses more than three consecutive meetings • A member misses more than 25% of the advisory body’s meetings in a calendar year 15 Resolution No. 10-048 Page 4 4. It is the responsibility of the advisory body’s staff liaison to notify the City Clerk of a member’s attendance record to allow sufficient time to send a warning notice if the member has missed three consecutive meetings or 25% of the meetings, and to send a termination notice if the member has missed more three consecutive meetings or more than 25% of the meetings in a calendar year. 5. A member who has been removed from an advisory body for inadequate attendance may request a waiver of this provision by submitting a letter to the City Council setting forth the reason for the absences and confirming future availability. D. GENERAL PROVISIONS 1. Term limit restrictions listed in this resolution do not apply to temporary appointments for unexpired terms. 2. All provisions of this resolution shall apply unless otherwise decided by the City Council on a case-by-case basis. 3. In the event that any provision of this resolution conflicts with the provisions of any other ordinance or resolution governing a particular advisory body, the provisions governing that advisory body shall prevail. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 16th day of March, 2010, by the following vote: Vote Members of the City Council AYES: Wang, Wong, Chang, Mahoney, Santoro NOES: None ABSENT: None ABSTAIN: None ATTEST: APPROVED: /s/ Kimberly Smith /s/ Kris Wang _____________________ ______________________ City Clerk Mayor, City of Cupertino 16 QUESTIONS FOR TECHNOLOGY, INFORMATION, AND COMMUNICATIONS COMMISSION APPLICANTS 1. Do you subscribe to cable TV in your home? 2. Do you have any experience with public access or government access television? 3. What do you see as the role of community access TV in Cupertino -- how would you improve or change the current operation? 4. Are you familiar with other telecommunication service providers and the potential of that industry? 5. What are your reasons for applying for this particular advisory board? What can you bring to the committee in the way of expertise or interest? 6. What do you know about broadband Internet access via DSL and Cable Modems? 7. Do you think that we should be adding more cell phone antennas around Cupertino? 8. If you could accomplish one thing next year on this commission, what would it be? The Technology, Information, and Communications Commission is subject to the Political Reform Act and members are required to submit Statements of Economic Interest upon appointment and annually thereafter. 17 File available on request from the City Clerk’s Office 408-777-3223 18 CURRENT COMMISSION LIST TECHNOLOGY, INFORMATION, AND COMMUNICATIONS COMMISSION Shishir Chavan First term ending Jan. ’16 Wallace Iimura Second term ending Jan. ‘16 Rod Livingood Second term ending Jan. ’19 Vacant Full term ending Jan. ’19 Vacant Full term ending Jan. ’19 19 TICC Jan Feb Mar Apr May Jun Jul Aug Sept Oct Nov Dec Total Regular Meeting Absences Regular Meetings Scheduled Absence Percentage % Chavan, Shishir X X X 0 12 0% Iimura, Wallace X X X 0 12 0% Livingood, Rod X X X 0 12 0% vacant 0 12 0% vacant 0 12 0% Meets 1st Wednesday of month 7:00 pm Conf. Rm. A. Staff Liaison is Mariyah Serratos 2015 COMMISSION ATTENDANCE REPORT 20 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:115-0769 Name: Status:Type:Ceremonial Matters & Presentations Agenda Ready File created:In control:3/9/2015 City Council On agenda:Final action:3/17/2015 Title:Subject: Update from Captain Rick Sung regarding crime statistics Sponsors: Indexes: Code sections: Attachments: Action ByDate Action ResultVer. City Council3/17/20151 Subject: Update from Captain Rick Sung regarding crime statistics Receive the update CITY OF CUPERTINO Printed on 3/12/2015Page 1 of 1 powered by Legistar™21 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:115-0757 Name: Status:Type:Postponements Agenda Ready File created:In control:3/4/2015 City Council On agenda:Final action:3/17/2015 Title:Subject: GPA for changes to development allocations that was originally noticed for tonight's agenda was re-noticed to April 21 Sponsors: Indexes: Code sections: Attachments: Action ByDate Action ResultVer. Subject:GPAforchangestodevelopmentallocationsthatwasoriginallynoticedfortonight's agenda was re-noticed to April 21 CITY OF CUPERTINO Printed on 3/12/2015Page 1 of 1 powered by Legistar™22 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:114-0443 Name: Status:Type:Consent Calendar Agenda Ready File created:In control:9/17/2014 City Council On agenda:Final action:3/17/2015 Title:Subject: Approve the February 3 City Council minutes Sponsors: Indexes: Code sections: Attachments:A - Draft Minutes Action ByDate Action ResultVer. City Council3/17/20151 Subject: Approve the February 3 City Council minutes Approve the minutes CITY OF CUPERTINO Printed on 3/12/2015Page 1 of 1 powered by Legistar™23 DRAFT MINUTES CUPERTINO CITY COUNCIL Tuesday, February 3, 2015 SPECIAL CITY COUNCIL MEETING ROLL CALL At 5:00 p.m. Mayor Rod Sinks called the Special City Council meeting to order in Cupertino City Hall Conference Room A, 10300 Torre Avenue. Present: Mayor Rod Sinks, Vice Mayor Barry Chang, and Council members Darcy Paul, Savita Vaidhyanathan, and Gilbert Wong. Absent: None. CLOSED SESSION At 5:00 p.m. Council went into closed session and reconvened in open session at 6:45 p.m. in the Cupertino Community Hall Council Chamber, 10350 Torre Avenue. 1. Subject: Workers' Compensation Claim (Gov't Code Section 54956.95); Claimant: Tina Mao, Agency Claimed Against: City of Cupertino Mayor Sinks announced that Council obtained a briefing from staff and the City Attorney and gave direction. 2. Subject: Conference with Legal Counsel - Significant exposure to litigation pursuant to subdivision (d)(2) of Section 54956.9: One Case Mayor Sinks announced that Council obtained a briefing and no action was taken. REGULAR CITY COUNCIL MEETING PLEDGE OF ALLEGIANCE At 6:45 p.m. Mayor Rod Sinks called the Regular City Council meeting to order in Cupertino Community Hall Council Chambers, 10350 Torre Avenue and led the Pledge 24 City Council Minutes February 3, 2015 of Allegiance. ROLL CALL Present: Mayor Rod Sinks, Vice Mayor Barry Chang, and Council members Darcy Paul, Savita Vaidhyanathan, and Gilbert Wong. Absent: None. CEREMONIAL MATTERS AND PRESENTATIONS - None POSTPONEMENTS - None ORAL COMMUNICATIONS Written communications for this item included an email from Nick Szabo to City Council. He noted he wouldn’t be able to attend the meeting in person. Donna Austin invited everyone to International Night at the Quinlan Community Center on February 21 at 6:30 p.m. She noted there would be food available from many cultures and entertainment. Karen Del Compare noted concerns about recent Council meetings where the Council Chamber was full and overflowed into the lobby and City Hall. She noted she wasn’t able to get into the Chamber to give public comment. She also made comments on the recent County meeting regarding issues with selenium at Lehigh and urged Council to support the amicus brief. Eric Schaefer urged staff to have flexibility in the format at the upcoming GPA workshop in Community Hall on February 4 and allow residents to ask questions. He also asked for a Citywide parks plan, especially for east Cupertino. Gary Latshaw urged Council to agendize an item to join Bay Area for Clean Environment (BACE) in supporting an amicus brief challenging the County's recent approval of the Reclamation Plan for Lehigh Quarry. Richard Adler urged Council to express an opinion on an amicus brief regarding the appeal on a lawsuit of the inadequacy of the Reclamation Plan for Lehigh. Tim Brand urged Council to support the amicus brief in support of the appeal by BACE challenging the Lehigh Reclamation Plan. He distributed his comments, a transcript of the County Planning Commission meeting from 11/20/14, and a DVD with the audio of that meeting. 25 City Council Minutes February 3, 2015 Paula Wallis urged Council to add the amicus brief item on an upcoming agenda. She noted that the website for BACE is www.notoxicair.org. Liang-Fang Chao talked about the process of community input during City meetings and community workshops. She said that the consultants propose projects that are over-budget and not what the community asked for. STUDY SESSION 1. Subject: Study session for the Stevens Creek Boulevard to McClellan Road Creek Corridor Master Plan (SCC Master Plan) and recommend alternatives to proceed with an Environmental Impact Analysis. (Re-noticed from January 21, 2015) Recommended Action: Conduct study session for the Stevens Creek Boulevard to McClellan Road Creek Corridor Master Plan and recommend alternatives to proceed with an Environmental Impact Analysis Written communications for this item included emails to Council. Director of Recreation and Community Services Carol Atwood reviewed the staff report and answered questions from Council. Ed Getherall, Director of Operations for the National Golf Foundation (NGF), golf course Architect Forrest Richardson from Forrest Richardson and Associates, Cupertino Recreation Coordinator Tim Coles, and Laurie Matthews, Director of Preservation Planning and Design from MIG answered questions from Council. Mayor Sinks opened the public comment and the following individuals spoke: Kathy Stakey Donna Austin Sharon Blaine Nicholas Egan Gail Bower Gary Latshaw Irene Steves Robina Vandersteen Janet Vanzoeren Chris Bencher Rhoda Fry Alice Kaufman Carol Emerich Munir Vora Keith Wandry Ryan Taylor Jose Beltran John Ennals Liang-Fang Chao 26 City Council Minutes February 3, 2015 The comments included: keep golf course, support for modified option C, protect McClellan Ranch, support for golf course conceptual plan A, foot golf a great idea, want fewer man-made things, move the swimming pool to Memorial Park, remove volleyball and bocce courts, keep Stocklmeir house as an historic ranch home, road into Blackberry Farm from Stevens Creek Blvd. near Phar Lap not safe due to fast moving traffic, support a golf course with natural habitation or return to natural state if don’t keep golf course, incorporate McClellan Ranch West as a preserve, need money for parks in east Cupertino, partner with Fremont Union High School District (FUHSD) for use of tennis courts, expand Creekside park by taking three houses there, take United Furniture lot to build gymnasium, residents voted for open space, look at ponds that were removed as natural habitat for birds, use responsible watering on golf course, make a multi-use clubhouse on Stevens Creek Blvd., widening driveway on San Fernando won’t do any good, net on golf course is issue for bird safety, balance public access without destroying asset, open space important for quality of life and not much left, McClellan Ranch wildlife crucial for children’s education, keep as natural as possible, support foot golf, Frisbee golf, cricket, be responsible during drought, entrance on Stevens Creek Blvd. won’t change traffic in Monta Vista area since traffic due to schools, options A, B, and C would all have detrimental effects on wildlife, support restoring golf course or trying something different, need Citywide Park Master Plan. Mayor Sinks closed the public comment. Council recessed from 10:06 p.m. to 10:14 p.m. Barbara Banfield, City Naturalist, talked about the nature programming at McClellan Ranch and answered questions from Council. Katrina Hardt-Holoch MIG consultant talked about alternatives, scope, and Environmental Impact Report (EIR). Molly James, Cupertino Recreation Coordinator talked about studying the possibility of operating outside of the 100 days that BlackBerry Farm is currently open for additional programming, especially of the pool. Council deliberated and gave the following direction: 27 LOCATION Mayor Rod Sinks Vice Mayor Barry Chang Council Member Gilbert Wong Council Member Savita Vaidhyanathan Council Member Darcy Paul Stocklmeir Property Stocklmeir buildings and garden Remove house or use space for community groups. Support “low key” (view only) house Restoration. Support adaptive reuse for small events-no catering kitchen. Support adaptive reuse for small events and meetings--no catering kitchen. No comment Legacy Farm Support No Comment Support Support No Comment Bridge Support pedestrian and light vehicle bridge. Oppose Support pedestrian and light vehicle bridge. Support pedestrian and light vehicle bridge. No Comment Blesch creek area restoration Support Support * Support Support Support Blesch House/parking lot Support meadow Style parking. No Comment Parking Lot—per staff recommendation Parking Lot—meadow & EV charging stations No Comment Blackberry Farm and Golf Course Spine road from Stevens Creek Blvd. to BBF Opposed Opposed Opposed Opposed Opposed Parklike entrance at Stevens Creek Support No Comment Support with design and cost information Support No Comment Existing dining & clubhouse facility Support replacing building and venue No Comment Support replacing building and venue at current location Support replacing building and venue No Comment  Denoted later in discussions 28 LOCATION Mayor Rod Sinks Vice Mayor Barry Chang Council Member Gilbert Wong Council Member Savita Vaidhyanathan Council Member Darcy Paul Golf Course Support Par 3 course, clubhouse that supports more uses. Support conversion of golf course into natural meadow. Support fixing irrigation, Golf Course - no reduction in footprint or perhaps Option B. Supports clubhouse in same location as restaurant but with updated pro shop. Support Par 3 course, supports clubhouse that can be used for events and supports possible movement of building to the south from current restaurant Support fixing irrigation, Golf Course in same configuration. Interested in transitioning to less water-intensive use. Support adding foot golf if course remains. BBF Pool Complex Support expanding Pools in same location. Support lap and therapy Pool, splash pad. Remove slide. No pool expansion at BBF Support expanding Pools in same location. Support lap and therapy Pool, splash pad. Remove slide. Support therapy pool, splash pad. No lap pool. Remove slide. No Comment Maintenance building Support improvements. No Comment Support improvements. Support improvements. Support improvements. San Fernando Road Access Look at options for improvements. Look at options for improvements. Look at options for improvements. Look at options for improvements. Look at options for improvements. 29 LOCATION Mayor Rod Sinks Vice Mayor Barry Chang Council Member Gilbert Wong Council Member Savita Vaidhyanathan Council Member Darcy Paul Nature Play/Adventure Play Provide elsewhere Provide elsewhere Provide elsewhere Provide elsewhere Provide elsewhere Riparian Peninsula/Central Creek corridor Peninsula Support seasonal bridge, not paved trails. No bridge No bridge No bridge No Comment Volleyball/bocce courts Leave as is & make bocce a full length court No Comment Leave as is Leave as is; although possibly cricket at bocce courts. No Comment Lawn area Leave as is No Comment No Comment Leave as is No Comment Meadow owned by Santa Clara Valley Water Dist. Leave as is Leave as is Leave as is Leave as is No Comment McClellan Ranch Preserve – includes McClellan Ranch West McClellan Ranch Creek restoration Support with grant funding Support Support Support Support Community Gardens Oppose expansion into meadow. Support smaller plots. Fix irrigation. Oppose expansion into meadow. Change plot size. Oppose expansion into meadow. Fix irrigation. Do not change plot size. No expansion into meadow. Do not change plot size. Fix irrigation Oppose expansion into meadow. Support smaller plots. Fix irrigation. Barn Supports passive use though concerned about cost. No Comment Support restoration of barns. Support restoration though concerned about costs. No Comment 30 LOCATION Mayor Rod Sinks Vice Mayor Barry Chang Council Member Gilbert Wong Council Member Savita Vaidhyanathan Council Member Darcy Paul New bridge from McClellan Ranch to McClellan Ranch West Oppose new bridge Oppose new bridge Oppose new bridge Oppose new bridge No Comment McClellan Ranch West parking Support meadow style parking. No Comment Support meadow style parking. Support meadow style Parking. No Comment Simms house Support removal of Simms house. No Comment Support removal of Simms house. Support removal of Simms house. No Comment Improved creek access area (2) Support No Comment Support Support Support Trails & Blackberry Farm Trails Support minimal new trails. No Comment Oppose Oppose No Comment BBF – 365 days? Bus issue? Study both Do not study at this time Do not study at this time Do not study at this time Do not study at this time 31 City Council Minutes February 3, 2015 CONSENT CALENDAR Wong moved and Paul seconded to approve the items on the Consent Calendar as presented. Ayes: Sinks, Chang, Paul, Vaidhyanathan, and Wong. Noes: None. Abstain: None. Absent: None. 2. Subject: Approve the January 20 City Council minutes Recommended Action: Approve the minutes 3. Subject: Approve the January 26 and 27 City Council minutes Recommended Action: Approve the minutes 4. Subject: Accept Accounts Payable for period ending January 9, 2015 Recommended Action: Adopt Resolution No. 15-004 accepting Accounts Payable for the period ending January 9, 2015 5. Subject: Accept Accounts Payable for period ending January 16, 2015 Recommended Action: Adopt Resolution No. 15-005 accepting Accounts Payable for the period ending January 16, 2015 6. Subject: Accept Accounts Payable for period ending January 23, 2015 Recommended Action: Adopt Resolution No. 15-006 accepting Accounts Payable for the period ending January 23, 2015 7. Subject: Approve exception to the 995 rule for one Temporary Employee with budget adjustment Recommended Action: Approve exception to the 995 rule for one Temporary Employee with budget adjustment of $52,390 resulting in increased appropriations for the City Manager and City Attorney budgets of $26,195 respectively 8. Subject: Amend the Catastrophic Leave section of the Memorandum of Understanding between the City of Cupertino and the Operating Engineers Local No. 3 Union, AFL-CIO (OE3) Recommended Action: Adopt Resolution No. 15-007 amending the Catastrophic Leave section of the Memorandum of Understanding between the City of Cupertino and the Operating Engineers Local No. 3 Union, AFL-CIO (OE3) 9. Subject: Re-advertise for two vacancies on the Technology, Information, and Communications Commission (TICC) with full terms ending January 2019 Recommended Action: Set an application deadline date of Friday, March 6 at 4:30 p.m. and schedule an interview date of Tuesday, March 17 beginning at 6:00 p.m. 32 City Council Minutes February 3, 2015 10. Subject: Second Amendment to an Agreement between the City of Cupertino and the Gilbane Building Company for consultant services for construction management on various projects Recommended Action: Approve a Second Amendment to an Agreement between the City of Cupertino and the Gilbane Building Company in the amount not to exceed $1,478,489.00 for an additional term of approximately 12 months, from the date of expiration of the First Amendment through March 31, 2016 11. Subject: City Project, 2014 Pavement Maintenance Phase 1, Project No. 2014-01 Recommended Action: Accept Project No. 2014-01 12. Subject: City Project, 2014 Pavement Maintenance Phase 2, Project No. 2014-04 Recommended Action: Accept Project No. 2014-04 13. Subject: City Project, 2014 Pavement Maintenance Phase 3, Project No. 2014-05 Recommended Action: Accept Project No. 2014-05 SECOND READING OF ORDINANCES 14. Subject: Second Reading of "Ordinance amending Chapter 2.36 of the Cupertino Municipal Code regarding the Parks and Recreation Commission" Recommended Action: Conduct the Second Reading and enact Ordinance No. 15- 2127: "An Ordinance of the City Council of the City of Cupertino amending Section 2.36.303 Members-Vacancy or Removal, Section 2.36.070 Records Required, and Section 2.36.080 Powers and Functions, of the Cupertino Municipal Code regarding the Parks and Recreation Commission" Wong moved and Vaidhyanathan seconded to read Ordinance No. 15-2127 by title only and that the City Clerk’s reading would constitute the second reading thereof. Ayes: Sinks, Chang, Paul, Vaidhyanathan, and Wong. Noes: None. Abstain: None. Absent: None. Wong moved and Paul seconded to enact Ordinance No. 15-2127: Ayes: Sinks, Chang, Paul, Vaidhyanathan, and Wong. Noes: None. Abstain: None. Absent: None. PUBLIC HEARINGS – None Council recessed from 12:43 a.m. to 12:50 a.m. 33 City Council Minutes February 3, 2015 ORDINANCES AND ACTION ITEMS 15. Subject: Civic Center Master Plan Consultant Contracts (Continued from January 20) Recommended Action: Staff recommends that the City Council authorize the City Manager to negotiate and execute contracts for all remaining services necessary to complete work directed by the Council on October 21, 2014 Written communications for this item included emails to Council. Director of Public Works Timm Borden reviewed the staff report. Wong moved and Paul seconded to authorize the City Manager to negotiate and execute contracts for all remaining services necessary to complete work directed by the Council on October 21, 2014 and to add an additional amount up to $25,000 to study another design alternative of adding surface parking onto the Library field. The motion carried with Chang voting no. REPORTS BY COUNCIL AND STAFF City Manager David Brandt reminded Council about the upcoming State of the Valley and noted that the February 17 Council meeting had been cancelled. Council members highlighted the activities of their committees and various community events. ADJOURNMENT At 1:09 a.m. on Wednesday, February 4, Mayor Sinks adjourned the meeting to March 3 at 4:30 p.m. for a Council Work Plan workshop followed by the regular meeting at 6:45 p.m., Cupertino Community Hall Council Chamber, 10350 Torre Avenue. Note: The February 17 meeting has been cancelled and the next regular meeting will be March 3. _______________________________ Grace Schmidt, City Clerk Staff reports, backup materials, and items distributed at the City Council meeting are available for review at the City Clerk’s Office, 777-3223, and also on the Internet at www.cupertino.org. Click on Agendas & Minutes, then click on the appropriate Packet. 34 City Council Minutes February 3, 2015 Most Council meetings are shown live on Comcast Channel 26 and AT&T U-verse Channel 99 and are available at your convenience at www.cupertino.org. Click on Agendas & Minutes, and then click Archived Webcast. Videotapes are available at the Cupertino Library, or may be purchased from the Cupertino City Channel, 777-2364. 35 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:114-0445 Name: Status:Type:Consent Calendar Agenda Ready File created:In control:9/17/2014 City Council On agenda:Final action:3/17/2015 Title:Subject: Approve the March 3 City Council minutes Sponsors: Indexes: Code sections: Attachments:A - Draft Minutes Action ByDate Action ResultVer. City Council3/17/20151 Subject: Approve the March 3 City Council minutes Approve the minutes CITY OF CUPERTINO Printed on 3/12/2015Page 1 of 1 powered by Legistar™36 DRAFT MINUTES CUPERTINO CITY COUNCIL Tuesday, March 3, 2015 SPECIAL CITY COUNCIL MEETING ROLL CALL At 4:30 p.m. Mayor Rod Sinks called the Special City Council meeting to order in the Cupertino Community Hall Council Chamber, 10350 Torre Avenue. Present: Mayor Rod Sinks, Vice Mayor Barry Chang, and Council members Darcy Paul (4:33 p.m.), Savita Vaidhyanathan, and Gilbert Wong (4:33 p.m.). Absent: None. STUDY SESSION 1. Subject: Work Program study session Recommended Action: Review the 2015/2016 Work Program Assistant City Manager Aarti Shrivastava gave a quick overview of the Work Program noting Council had received both a redline copy and clean copy. She asked for direction from Council members regarding any changes they wished to make. City Manager David Brandt gave a brief overview of new projects in the Public Affairs portion of the Work Program. Public Affairs Director Rick Kitson answered questions from Council. Mr. Brandt gave a brief overview of Economic Development and answered questions from Council. Assistant to the City Manager Erin Cooke gave a brief overview of the Sustainability Division and answered questions from Council. Ms. Shrivastava highlighted the upcoming projects for Community Development and answered questions from Council. Director of Public Works Timm Borden highlighted the Work Program for the Public 37 City Council Minutes March 3, 2015 Works Department and answered questions from Council. Director of Recreation and Community Services Carol Atwood highlighted the projects for that department and answered questions from Council. Mr. Brandt highlighted the Administrative Services Department Work Program and answered questions from Council. Jennifer Griffin talked about the Lawrence Mitty property and the struggle to obtain it. She noted that Cupertino had done pre-annexation studies of the property. She also suggested the use of small buses into BlackBerry Farm. Council gave the following direction and asked for more information on the following:  Add to Work Program the Bicycle Pedestrian Commission’s recommendation to do a feasibility study on class one bike lanes.  Add to Work Program (include in Civic Center Master Plan) installation of a pole in the Civic Center showing directional signs with the names of each Sister City and how many miles it is from Cupertino.  Bring back to Council a Safe Routes to Schools map noting sidewalk gaps and cost to update the gaps.  With budget proposal, bring analysis of revenue assumption for Blackberry Farm with no buses being allowed. Also bring analysis of golf course revenue assumption.  Put in Items a list of which schools are included in the Memorandum of Understanding with the City regarding usage of grounds after school hours and on weekends, and confirm signage is posted noting the allowed usage.  Add to Work Program the possibility of annexation of the Lawrence Mitty parcel from the City of San Jose.  Supply information on when the Below Market Rate (BMR) impact fee would apply to new developments. ADJOURNMENT 38 City Council Minutes March 3, 2015 At 6:24 p.m. Mayor Sinks adjourned the Special City Council meeting to the Regular City Council meeting. REGULAR CITY COUNCIL MEETING PLEDGE OF ALLEGIANCE At 6:50 p.m. Mayor Rod Sinks called the Regular City Council meeting to order in Cupertino Community Hall Council Chambers, 10350 Torre Avenue and led the Pledge of Allegiance. ROLL CALL Present: Mayor Rod Sinks, Vice Mayor Barry Chang, and Council members Darcy Paul, Savita Vaidhyanathan, and Gilbert Wong. Absent: None. CEREMONIAL MATTERS AND PRESENTATION 1. Subject: Presentation by Tim McRae, Director of Energy for the Silicon Valley Leadership Group (SVLG) regarding the "Turning Red Tape into Red Carpet" award program that honors the best practices and innovative services of government entities in the Silicon Valley region Recommended Action: Receive the presentation Mr. McRae presented the "Turning Red Tape into Red Carpet" award to the City of Cupertino representing the winner in the Sustainable Green Development category with its "Green Biz Cupertino." POSTPONEMENTS Wong moved and Vaidhyanathan seconded to postpone item number 13 and bring it back on a future Council agenda. The motion carried unanimously. ORAL COMMUNICATIONS Phyllis Dickstein talked about her concerns with the survey on community benefits and building heights. Gary Latshaw talked about drought and climate change and their effect on urban planning. He suggested mechanisms to help reduce the impact of these issues. 39 City Council Minutes March 3, 2015 Cheryl Lilienstein, President of Palo Altans for Sensible Zoning talked about public benefits for increased zoning. She mentioned some specific examples of how this didn’t work in Palo Alto. Steven Scharf talked about a newly-established residential group in Cupertino called Residents for Sensible Zoning, www.crszaction.org. He mentioned some of the group’s core beliefs regarding zoning concerns in Cupertino. Robert McKibbin representing Concerned Citizens of Cupertino (CCC) asked Council to reject any results received from the community benefits and building heights survey. He explained his reasons and read a few sample questions as examples of the concerns. Peggy Griffin, member of Cupertino Residents for Sensible Zoning talked about concerns over development and loss of Cupertino’s ridgeline. She showed pictures noting what Cupertino used to look like versus now. Sunil Satnur talked about concerns with how fast the General Plan Amendment (GPA) is moving without considering impacts to Cupertino such as traffic and schools. He urged Council to take the process one step at a time. Lisa Warren talked about concerns with the community benefits and building heights community survey regarding problems with completion of the survey and possible responses being lost. Jon Willey showed pictures of Sunnyvale Town Center and the comparison of what development at Vallco would look like. He distributed handouts of the pictures. Liang-Fang Chao talked about community developments and building heights increasing traffic and having other impacts. She also asked to have a parks and community services agreement in place first. Paula Wallis said that the amicus brief deadline was March 8 and thanked Council for considering the item but that it is no longer possible. She asked Council for its leadership in working with the County and the regulatory agencies that oversee Lehigh for the best possible operation that serves the public interest. Tim Brand talked about issues with selenium readings in the water being out of compliance due to Lehigh. He distributed information regarding these readings and other additional information for Council. 40 City Council Minutes March 3, 2015 Reed Moulds from Sand Hill Property Company talked about revitalizing Vallco and noted a website for more information www.vallcovision.com. Mitch Smith, owner of Solar Technology Builders talked about the HERO program (Home Energy Renovation Opportunity). He noted that if the program were adopted in Cupertino, homeowners would receive financing for water and energy conservation and a tax credit for going solar. He distributed information about the program. Xiaowen Wang, representing Better Cupertino talked about office allocation in Cupertino regarding how much is needed vs how much is planned. She distributed the information shown to Council. Muneesh Goomer talked about Vallco development and rezoning. CONSENT CALENDAR Wong moved and Chang seconded to approve the items on the Consent Calendar as presented. Ayes: Sinks, Chang, Paul, Vaidhyanathan, and Wong. Noes: None. Abstain: None. Absent: None. 2. Subject: Accept Accounts Payable for period ending January 30, 2015 Recommended Action: Adopt Resolution No. 15-008 accepting Accounts Payable for the period ending January 30, 2015 3. Subject: Accept Accounts Payable for period ending February 6, 2015 Recommended Action: Adopt Resolution No. 15-009 accepting Accounts Payable for the period ending February 6, 2015 4. Subject: Accept Accounts Payable for period ending February 13, 2015 Recommended Action: Adopt Resolution No. 15-010 accepting Accounts Payable for the period ending February 13, 2015 5. Subject: Approve appointment of the Planning Commission representative to the Environmental Review Committee Recommended Action: Approve appointment 6. Subject: Application for Alcoholic Beverage License for Kikusushi Japanese Restaurant, 1655 S De Anza Boulevard, Suite 6 Recommended Action: Recommend approval of Application for Alcoholic Beverage License for Kikusushi Japanese Restaurant, 1655 S De Anza Boulevard, Suite 6 41 City Council Minutes March 3, 2015 7. Subject: Application for Alcoholic Beverage License for Chipotle Mexican Grill Store 2549, 20688 Homestead Road Recommended Action: Recommend approval of Application for Alcoholic Beverage License for Chipotle Mexican Grill Store 2549, 20688 Homestead Road 8. Subject: Application for Alcoholic Beverage License for Safeway #3251, 20620 Homestead Road Recommended Action: Recommend approval of Application for Alcoholic Beverage License for Safeway #3251, 20620 Homestead Road 9. Subject: Application for Alcoholic Beverage License for Gumbas Restaurant, 21678 Stevens Creek Boulevard Recommended Action: Recommend approval of Application for Alcoholic Beverage License for Gumbas Restaurant, 21678 Stevens Creek Boulevard SECOND READING OF ORDINANCES - None PUBLIC HEARINGS – None ORDINANCES AND ACTION ITEMS 10. Subject: Pilot Program for Early Morning Collection of Recology Containers on Select Streets in the Tri-School Area. Recommended Action: Provide direction to staff on whether to implement the pilot program as proposed. Written communications for this item included an email from Scott Hughes to City Council. Mayor Sinks noted that he lives in the zone for this item and recused himself from the discussion. He left the dais and Vice Mayor Chang took over as chair for this item. Director of Public Works Timm Borden reviewed the staff report. Assistant Director of Public Works Roger Lee explained more about the pilot program. Staff answered questions from Council. 42 City Council Minutes March 3, 2015 Suzanne Ford talked about issues with early collection and suggested ways to increase traffic safety for students and parents. Scott Hughes talked about possibly changing the pickup day to Wednesday because of a later school start. He also suggested expanding the pilot program to Rainbow Drive. Rhoda Fry talked about child safety issues regarding trucks and having cans in the right-of-way. She asked what other cities do. Council asked questions from John Zirelli, General Manager at Recology. Vaidhyanathan moved and Wong seconded to start the pilot program for early morning collection of Recology containers on select streets in the tri-school area on major arteries at the currently scheduled time and on feeder streets at 6:00 a.m. for the pilot period ending June 13 (last day of school is June 12). The motion carried with Sinks recusing. Mayor Sinks returned to the Dais. 11. 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. Recommended Action: Conduct First Reading of 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" Written communications for this item included a truck route ordinance map. Director of Public Works Timm Borden reviewed the staff report. The following individuals spoke on this item: Scott Hughes Kevin McClelland David Fung (distributed documents of two maps) Cynthia Chung Rerathy Narasimhan Elaine Lu Paula Wallis 43 City Council Minutes March 3, 2015 Their comments included: expand truck restriction beyond 500 feet; extend time to 10:00 a.m.; include McClellan and Rainbow; expand to all trucks such as tree cutting services and PG&E; limit all truck traffic throughout Cupertino during school hours. Sheriff Deputies answered questions from Council regarding citation infractions. Staff answered questions from Council. Wong moved and Paul seconded to read Ordinance No. 15-2128 by title only and that the City Clerk’s reading would constitute the first reading thereof. Ayes: Sinks, Chang, Paul, Vaidhyanathan, and Wong. Noes: None. Abstain: None. Absent: None. Council made the following ordinance amendments and gave direction to staff for the second reading:  Bring back information on citation authority and fine amounts  Also include McClellan Road between Bubb and Stelling and any other roads that staff defines to be within 500 feet of school entrances  Bring back findings regarding possibly including rainbow drive Council recessed from 9:30 p.m. to 9:40 p.m. 12. Subject: 2015 Bikeway Improvement Prioritization update to the 2011 Cupertino Bicycle Transportation Plan Recommended Action: Adopt the 2015 Bikeway Improvement Prioritization update to the 2011 Cupertino Bicycle Transportation Plan Written communications for this item included: various emails to Council and a staff PowerPoint presentation. Director of Public Works Timm Borden gave a brief overview of the item. Senior Civil Engineer David Stillman reviewed the staff report via a PowerPoint presentation. The following individuals spoke on this item: Pete Heller, Bicycle Pedestrian Commission Chair Gary Jones, Bicycle Pedestrian Commissioner Sean Lyn, Bicycle Pedestrian Commissioner 44 City Council Minutes March 3, 2015 Naomi Bloom Taghi Saadati Jon Kaplan Scott Hughes Frank Geefay Stewart Kelly (distributed handout on 2015 Bike Plan priority items) Jennifer Griffin Rerathy Narasimhan John Mumy Their comments included: green bike lanes increase visibility especially with bike and auto cross-over lanes; do more with class one bike lanes in the future to increase safety; support of bike plan update and priority one items around schools has support of community; parent support also important; education of drivers, pedestrians, and bicyclists important; suggestions for other safety ideas such as lighted crosswalks, signage, etc.; increase funding to cover all priority one and two items within the next 12-18 months; increase staffing on public safety and update the pedestrian plan; add white PVC posts in certain bike lane areas; make streets safe for bikes immediately with additional bike infrastructure; add finding to include upgrade to school routes; bring back school buses; paint bike lanes for Hyde Middle School also; focus on enforcement of both drivers and bicyclists. Wong moved and Paul seconded to adopt the 2015 Bikeway Improvement Prioritization update to the 2011 Cupertino Bicycle Transportation Plan with direction to staff to ask Cupertino Union School District (CUSD) regarding a trial school bus program. The motion carried unanimously. 13. Subject: Update of the City of Cupertino Americans with Disabilities Act (ADA) Self-Evaluation and Transition Plan Recommended Action: Approval of the City of Cupertino Americans with Disabilities Act (ADA) Self-Evaluation and Transition Plan Update Under postponements, this item was postponed to an upcoming City Council agenda. 14. Subject: Consideration and approval of the Mid-Year Financial Report and recommended budget adjustments for fiscal year (FY) 2014-2015 Recommended Action: 1. Accept the City Manager’s Mid-Year Financial Report 2. Approve the Mid-Year adjustments for fiscal year 2014-2015 as described in the Mid-Year Financial Report 3. Adopt Resolution No. 15-011 approving Mid-Year budget adjustments 45 City Council Minutes March 3, 2015 Written communications for this item included a staff PowerPoint presentation. Finance Manager Lisa Taitano and Assistant to the City Manager Jaqui Guzman reviewed the staff report via a PowerPoint presentation and answered questions from Council. Scott Hughes talked about setting aside funds for public safety items such as crossing guards, raised crosswalks, flashing lights in crosswalks, and the use of modern buses in lieu of school buses in locations where kids can’t walk or bike to school. Wong moved and Chang seconded (with a friendly amendment by Vaidhyanathan to include priority item number 25), and the motion carried unanimously to: 1. Accept the City Manager’s Mid-Year Financial Report; and 2. Approve the Mid- Year adjustments for fiscal year 2014-2015 as described in the Mid-Year Financial Report; and 3. Adopt Resolution No. 15-011 approving mid-year budget adjustments with the following amendments regarding the 2015 Bikeway Improvement Priorities in the 2011 Cupertino Bicycle Transportation Plan:  Approve the recommended increase of $345,000 plus an additional $90,000 for a total of $435,000 to implement priority item numbers 9, 10, 14, 24, 26, 7, 19, 20, and 25.  Priority item numbers 7, 19, 20, and 25 to be implemented as feasible and as resources are available prior to July 1, 2015.  Direction to work with consultant on mobility study regarding bus routes to schools 15. Subject: Set the dates for the Teen Commission application deadline and interviews and discuss potential streamlining of application process Recommended Action: Staff recommends the following: 1. Applications due in the City Clerk’s office by 4:30 p.m. on Friday, May 8; and 2. Interviews held beginning at 3:30 p.m. on Tuesday, May 26 and Wednesday, May 27 (as needed); 3. Discuss potential streamlining of the application process and direct staff to prepare a draft resolution noting any changes Council would like to make City Clerk Grace Schmidt reviewed the staff report. Wong moved and Chang seconded to set the application deadline for Friday, May 8 at 4:30 p.m. and hold interviews on Tuesday, May 26 and Wednesday, May 27 46 City Council Minutes March 3, 2015 beginning at 3:30 p.m. with no change to the application process. The motion carried unanimously. REPORTS BY COUNCIL AND STAFF City Manager David Brandt said staff would re-notice the General Plan Amendment for changes to development allocations item to April 21 if all Council members would not be in attendance on March 17. 16. Subject: Construction Project Update Report Recommended Action: Receive Construction Update Report Council concurred to continue this item to the next meeting. 17. Subject: Report on Committee Assignments Recommended Action: Report on Committee Assignments Council members highlighted the activities of their committees and various community events. Council members concurred to agendize an item regarding a discussion on how items may be added to a City Council agenda. ADJOURNMENT At 12:37 a.m. on Wednesday, March 4, 2015, Mayor Sinks adjourned the meeting to March 17 at 6:00 p.m. for Technology, Information, and Communications Commission (TICC) interviews, City Hall Conference Room A, 10300 Torre Avenue, Cupertino, CA. _______________________________ Grace Schmidt, City Clerk Staff reports, backup materials, and items distributed at the City Council meeting are available for review at the City Clerk’s Office, 777-3223, and also on the Internet at www.cupertino.org. Click on Agendas & Minutes, then click on the appropriate Packet. Most Council meetings are shown live on Comcast Channel 26 and AT&T U-verse Channel 99 and are available at your convenience at www.cupertino.org. Click on Agendas & Minutes, and then click Archived Webcast. Videotapes are available at the Cupertino Library, or may be purchased from the Cupertino City Channel, 777-2364. 47 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:115-0770 Name: Status:Type:Consent Calendar Agenda Ready File created:In control:3/9/2015 City Council On agenda:Final action:3/17/2015 Title:Subject: Accept Accounts Payable for period ending February 20, 2015. Sponsors: Indexes: Code sections: Attachments:A - Draft Resolution B - AP Report Action ByDate Action ResultVer. City Council3/17/20151 Subject: Accept Accounts Payable for period ending February 20, 2015. AdoptResolutionNo.15-012acceptingAccountsPayablefortheperiodendingFebruary20, 2015. CITY OF CUPERTINO Printed on 3/12/2015Page 1 of 1 powered by Legistar™48 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ALLOWING CERTAIN CLAIMS AND DEMANDS PAYABLE IN THE AMOUNTS AND FROM THE FUNDS AS HEREINAFTER DESCRIBED FOR GENERAL AND MISCELLANEOUS EXPENDITURES FOR THE PERIOD ENDING February 20, 2015 WHEREAS, the Director of Administrative Services or her designated representative has certified to accuracy of the following claims and demands and to the availability of funds for payment hereof; and WHEREAS, the said claims and demands have been audited as required by law. NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby allows the following claims and demands in the amounts and from the funds as hereinafter set forth in Exhibit “A”. CERTIFIED: _____________________________ Lisa Taitano, Finance Manager PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 17th day of March, 2015, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: _________________________ ________________________ Grace Schmidt, City Clerk Rod Sinks, Mayor, City of Cupertino 49 50 51 52 53 54 55 56 57 58 59 60 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:115-0771 Name: Status:Type:Consent Calendar Agenda Ready File created:In control:3/9/2015 City Council On agenda:Final action:3/17/2015 Title:Subject: Accept Accounts Payable for the period ending February 27, 2015. Sponsors: Indexes: Code sections: Attachments:A - Draft Resolution B - AP Report Action ByDate Action ResultVer. City Council3/17/20151 Subject: Accept Accounts Payable for the period ending February 27, 2015. AdoptResolutionNo.15-013acceptingAccountsPayablefortheperiodendingFebruary27, 2015. CITY OF CUPERTINO Printed on 3/12/2015Page 1 of 1 powered by Legistar™61 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ALLOWING CERTAIN CLAIMS AND DEMANDS PAYABLE IN THE AMOUNTS AND FROM THE FUNDS AS HEREINAFTER DESCRIBED FOR GENERAL AND MISCELLANEOUS EXPENDITURES FOR THE PERIOD ENDING February 27, 2015 WHEREAS, the Director of Administrative Services or her designated representative has certified to accuracy of the following claims and demands and to the availability of funds for payment hereof; and WHEREAS, the said claims and demands have been audited as required by law. NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby allows the following claims and demands in the amounts and from the funds as hereinafter set forth in Exhibit “A”. CERTIFIED: _____________________________ Lisa Taitano, Finance Manager PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 17th day of March, 2015, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: _________________________ ________________________ Grace Schmidt, City Clerk Rod Sinks, Mayor, City of Cupertino 62 63 64 65 66 67 68 69 70 71 72 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:115-0772 Name: Status:Type:Consent Calendar Agenda Ready File created:In control:3/9/2015 City Council On agenda:Final action:3/17/2015 Title:Subject: Accept Accounts Payable for period ending March 6, 2015. Sponsors: Indexes: Code sections: Attachments:A - Draft Resolution B - AP Report Action ByDate Action ResultVer. City Council3/17/20151 Subject: Accept Accounts Payable for period ending March 6, 2015. Adopt Resolution No. 15-014 accepting Accounts Payable for period ending March 6, 2015. CITY OF CUPERTINO Printed on 3/12/2015Page 1 of 1 powered by Legistar™73 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ALLOWING CERTAIN CLAIMS AND DEMANDS PAYABLE IN THE AMOUNTS AND FROM THE FUNDS AS HEREINAFTER DESCRIBED FOR GENERAL AND MISCELLANEOUS EXPENDITURES FOR THE PERIOD ENDING March 6, 2015 WHEREAS, the Director of Administrative Services or her designated representative has certified to accuracy of the following claims and demands and to the availability of funds for payment hereof; and WHEREAS, the said claims and demands have been audited as required by law. NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby allows the following claims and demands in the amounts and from the funds as hereinafter set forth in Exhibit “A”. CERTIFIED: _____________________________ Lisa Taitano, Finance Manager PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 17th day of March, 2015, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: _________________________ ________________________ Grace Schmidt, City Clerk Rod Sinks, Mayor, City of Cupertino 74 75 76 77 78 79 80 81 82 83 84 85 86 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:115-0754 Name: Status:Type:Consent Calendar Agenda Ready File created:In control:3/2/2015 City Council On agenda:Final action:3/17/2015 Title:Subject: Application for Alcoholic Beverage License for Eureka! Burger, 19369 Stevens Creek Boulevard, Suite 300 Sponsors:Julia Kinst Indexes: Code sections: Attachments:Staff Report A - Application Action ByDate Action ResultVer. City Council3/17/20151 Subject:ApplicationforAlcoholicBeverageLicenseforEureka!Burger,19369StevensCreek Boulevard, Suite 300 RecommendapprovalofApplicationforAlcoholicBeverageLicenseforEureka!Burger, 19369 Stevens Creek Boulevard, Suite 300 CITY OF CUPERTINO Printed on 3/12/2015Page 1 of 1 powered by Legistar™87 CITY COUNCIL STAFF REPORT Meeting: March 17, 2015 Subject Alcoholic Beverage License, Eureka! Burger, 19369 Stevens Creek Boulevard, Suite 300 Recommended Action Recommend approval of the application for On-Sale General Eating Description Name of Business: Eureka! Burger Location: 19369 Stevens Creek Boulevard, Suite 300 Type of Business: Restaurant Type of License: 47 – On-Sale General – Eating Place (Restaurant) Reason for Application: Annual Fee, Premise to Premise Transfer, Person-to-Person Transfer Discussion There are no zoning or use permit restrictions which would prohibit the sale of alcohol as proposed and staff has no objection to the issuance of this license. License Type 47 authorizes the sale of beer, wine and distilled for consumption on the license premise and authorizes the sale of beer and wine for consumption off the license premises. This address is located in the Main Street development. Sustainability Impact None Fiscal Impact None _____________________________________ Prepared by: Julia Kinst, Planning Department Reviewed by: Gary Chao, Assistant Director of Community Development; Aarti Shrivastava, Assistant City Manager - Community Development and Strategic Planning Approved for Submission by: David Brandt, City Manager Attachment: A - Application COMMUNITY DEVELOPMENT DEPARTMENT CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3308 www.cupertino.org 88 89 90 91 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:115-0759 Name: Status:Type:Consent Calendar Agenda Ready File created:In control:3/6/2015 City Council On agenda:Final action:3/17/2015 Title:Subject: Notice of Intent to Vacate a Portion of the Cordova Road Roadway Easement, Along 10645, 10655, and 10665 Cordova Road Sponsors: Indexes: Code sections: Attachments:Staff Report A - Draft Resolution Action ByDate Action ResultVer. City Council3/17/20151 Subject:NoticeofIntenttoVacateaPortionoftheCordovaRoadRoadwayEasement,Along 10645, 10655, and 10665 Cordova Road AdoptResolutionNo.15-015tonoticethepublicoftheintenttovacateaportionofCordova Road, and set a public hearing on April 7, 2015 at 6:45p.m. CITY OF CUPERTINO Printed on 3/12/2015Page 1 of 1 powered by Legistar™92 PUBLIC WORKS DEPARTMENT CITY HALL 10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3354 www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: March 17, 2015 Subject Notice of Intent to Vacate a Portion of the Cordova Road Roadway Easement, Along 10645, 10655, and 10665 Cordova Road. Recommended Action Adoption of a resolution to notice the public of the intent to vacate a portion of Cordova Road, and set a public hearing on April 7, 2015 at 6:45p.m. Discussion On June 9th, 2014, the Planning Commission approved the Hillside Exception for three new single family residential homes submitted by Terry Brown, the applicant representing the three property owners. Building permit applications were also submitted subsequently. During the review process, the applicant and staff have determined that the property owners own the underlying fee title and the City possesses a roadway easement over Cordova Road. Furthermore, the City is requiring the property owners to improve Cordova Road as part of the project. Subsequent to recordation of the roadway easement vacation, the City will require a right-of-way dedication in fee title for all three properties that supports the proposed roadway design layout. The current City practice is that all roadways are dedicated in fee title rather than easement. In order to obtain a clean title for the roadway and remove excess right-of- way that is unnecessary for present and prospective public purposes, staff recommends vacating the entire roadway easement, 20-foot wide to the centerline of the roadway along the three properties, and requiring the property owners to dedicate right-of-way based on the new roadway alignment in fee title. The City will also be accepting a 10- foot public utility easement that extends beyond the new dedicated right-of-way line. The City intends to record both the right-of-way vacation and the dedications in subsequent order to ensure ongoing access rights to the public. 93 Actions for the vacation of the subject right-of-way are: 1. March 17, 2015 at 6:45 p.m.: City Council considers adopting a resolution with the intent to vacate the roadway easement which: a. Declares its intention to vacate the subject portion of the Cordova Road roadway easement; b. Sets a public hearing on April 7, 2015 at 6:45 p.m. to adopt said vacation; c. Directs the City Clerk to post a certified copy of the resolution along the line of said property and to publish a certified copy of the resolution in the manner prescribed by law. 2. April 7, 2015 at 6:45 p.m.: the City Council will conduct a public hearing to consider a resolution to adopt the vacation, which vacates the subject portions of the Cordova Road roadway easement. Staff has determined that adoption of the resolution declaring its intention to order vacation of a portion of Cordova Road can occur without adverse affect. Fiscal Impact No fiscal impact incurred for the notice of intent to vacate. Sustainability Impact None. ___________________________________ Prepared by: Winnie Pagan, Associate Civil Engineer Reviewed by: Timm Borden, Director of Public Works Approved for Submission by: David Brandt, City Manager Attachments: A – Draft Resolution 94 RESOLUTION NO. 15-XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO DECLARING ITS INTENTION TO ORDER VACATION OF A PORTION OF CORDOVA ROAD AS PROVIDED IN SECTION 8320 ET SEQ. OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA, FIXING TIME AND PLACE FOR PUBLIC HEARING AND PROVIDING FOR NOTICE THEREOF WHEREAS, that portion of a City street at 10645, 10655, and 10665 Cordova Road and more particularly described in legal description and map attached hereto and made part hereof as Exhibits “A” and “B” for each of the three properties, is to be vacated to each adjacent property separately; and WHEREAS, the City Council elects to proceed pursuant to the provisions of Section 8320 et seq. of the Streets and Highways Code of the State of California; and WHEREAS, a new right-of-way is proposed to be dedicated in fee title to supersede the existing roadway easement; and WHEREAS, it is deemed to be in the public interests that the City Council elects to proceed to order said vacation. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby declares its intention to vacate the aforesaid portion of City street easement. BE IT FURTHER RESOLVED: 1. That the 7th day of April, 2015, at 6:45 p.m., in the Community Hall, 10350 Torre Avenue, Cupertino, California, is the time and place fixed for hearing on the above proposed vacation; 2. That the aforesaid date is not less than 15 days from passage of this resolution pursuant to law; 3. That the City Clerk shall cause a certified copy of this resolution to be published in the manner prescribed by law, and shall cause certified copies to be posted along the line of said property proposed to be vacated at least 10 days before the date of hearing and no more than 300 feet apart with a minimum of 3 being posted. ATTACHMENT A 95 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 17th day of March, 2015, by the following vote: Vote: Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: Grace Schmidt, City Clerk Rod G. Sinks, Mayor, City of Cupertino 96 97 98 99 100 101 102 103 104 105 106 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:115-0703 Name: Status:Type:Consent Calendar Agenda Ready File created:In control:2/18/2015 City Council On agenda:Final action:3/17/2015 Title:Subject: Update of Master Street Tree List Sponsors: Indexes: Code sections: Attachments:Staff Report A - Revised Master Street Tree List B - Redlined Revised Master Street Tree List C - Themed Neighborhood Map D - Redlined Themed Neighborhood Map E - Draft Resolution Action ByDate Action ResultVer. City Council3/17/20151 Subject: Update of Master Street Tree List Adopt Resolution No. 15-016 to update the Master Street Tree List CITY OF CUPERTINO Printed on 3/12/2015Page 1 of 1 powered by Legistar™107 PUBLIC WORKS DEPARTMENT CITY HALL 1 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3354 www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: March 17, 2015 Subject Update of Master Street Tree List. Recommended Action Adopt a resolution to update the Master Street Tree List. Description City of Cupertino Municipal Code section 14.12.050 references a Master Street Tree List that is to be prepared by staff and approved by the City Council via a resolution. The list provides the types and species of trees suitable for planting in public areas. The current list was approved by the City Council in March 2012. It is recommended that eight tree species be added to the current Master Street Tree List in order to help diversify Cupertino’s urban forest, with an emphasis on trees that have a low impact on potential damage to other infrastructure. The City’s arborist consulted with other cities, nurseries and the International Society of Arboriculture in determining the recommended species to include. Included as an attachment to the Master Street Tree List, is the Neighborhood Tree Theme map, which is also recommended to be updated to include more species diversification within area C. Sustainability Impact None 108 Fiscal Impact None ___________________________________ Prepared by: Jonathan Ferrante, Public Works Supervisor Reviewed by: Roger Lee, Asst. Director of Public Works Timm Borden, Director of Public Works Approved for Submission by: David Brandt, City Manager Attachments: A – Revised Master Street Tree List B – Redlined Revised Master Street Tree List C – Themed Neighborhood Map D – Redlined Themed Neighborhood Map E - Draft Resolution 109 Master Street Tree List 1. Tristania. conferta –Evergreen tree with moderate to fast growth to 30-40 ft. trunk and limbs resemble those of madrone , with reddish brown bark peeling away to show smooth light colored bark. Upright growth with a rounded head, leaves are 4-6 in. long oval, leathery, bright green. Flowers in clusters 3-7 in summer ¾ in. across white to creamy. This tree can be seen on Blaney Ave north of Stevens Creek Blvd. 2. Arburus 'marina'-- Evergreen tree growing 30-40 ft. tall with a broad dense crown. The upright branches are covered with a smooth mahogony colored bark which exfoliat es to expose new bark. Dark green leaves 4-5 inches long. The pendulous clusters of urn-shaped pink flowers are produced year-round. The fruit that follows is yellow, orange, and dark red. These trees can be seen in the lawn near the main entrance at city hall. 3. Pyrus. callervana. ‘Aristocrat’ – A deciduous tree known as ‘Flowering Pear’. Grows fast to 30’ in height and has Pyramidal in shape. Leaves are glossy and oval growing to 3 inches long. Small, white clustered flowers appear late winter/early spring. Leaves turn to a purple red in fall. Tree can be seen on Stevens Creek Blvd median strip between Blaney Ave & Torre Ave. 4. Pistacia. chinesis – A deciduous tree known at ‘Chinese Pistache’. It’s shade tree growing to 40’ in height. Leaves are narrow up to 4’ long turning to a vivid red, yellow and orange in fall. Tree can be seen at City Hall on Rodrigues Ave @ Torre Ave. 5. Lagerstroemia X Fauriei. ‘Tuscarora’ – Deciduous tree also known as ‘Crape Myrtle’. It can grow to 30’ in height. 1” – 2” oval, glossy leaves producing deep coral pink flowers in July-September. It is Considered a to be mildew resistant. The tree can be seen at De Anza Blvd median strip (north-end) between Mariani Ave & 280 Freeway. 6. Gingko biloba. ‘Autumn Gold’ – Deciduous tree grows to 30’ – 50’ in height. Broad, fan shaped leaves turning gold in fall. Not generally bothered by insects or diseases. It is resistant to oak root fungus.Fruitless. 7. Acer. rubrum.’October Glory’ – A deciduous tree growing to height of 40’ – 60’ with a spread of 25 – 45 feet. Leaves are 2” – 5” long with 3 – 5 lobes. Leaves are green on top with a pale bottom. As fall approaches the leaves turn to a brilliant scarlet red. It tolerates most soils. Occasional deep watering and periodic feeding will help keep roots deep. 8. Koelreuteria bipinnata ‘Chinese Flame Tree’. -- A deciduous tree growing to height of 30 - 40' with a Spread up to 30 - 40' Blooms in June with yellow showy flower clusters to 15" long. Fruit is inflated papery-walled capsule, turning from red to copper-colored and brown in the fall. 9. Platinus X Acerfolia ’Colombia London Plane Tree’ -- Erect, large deciduous trees that grows to 50feet at maturity displaying a pyramidal shape when young. Foliage has medium to dark green leaves 6–7 inches long, 8–10 inches wide. Leaves are 5-lobed. Bark is exfoliating, varying from yellow-green to greyed-green. Dry fuzzy fruit balls are generally produced in 2's and 3's. 10. Acer buergerianum ‘trident maple’ -- is a small, rounded, deciduous tree that typically grows rather slowly to 20-30’. Leaves are Triangular, three-lobed, glossy green above and pale green beneath that are 3 ½ inches long and 2 inches wide. Variable but usually attractive fall color features shades of dark red and orange. Non-showy, greenish-yellow flowers bloom in spring (April-May). Samaras to 1” long mature in fall. Exfoliating bark will develop on mature trunks. 11. Tilia tomentosa ‘sterling silver linden’ -- is noted for its attractive foliage, which is glossy green above and silvery-white below. The foliage flutters in the slightest breeze, showcasing the silver and green leaf colors. This is a medium sized deciduous tree, typically growing to 50 feet tall with upright branching and a broad-columnar habit. Fragrant pale yellow flowers in drooping cymes appear in late spring to early summer (June-July). Flowers are 110 followed by small nutlets attached to narrow, bract-like, strap-shaped leafy wings 2.5 inches long. nutlets ripen in late summer. Ovate, shiny, dark green leaves to 4 inches long with acuminate tips and serrate margins are densely covered beneath with silvery-white hairs. Fall color is an undistinguished pale green to pale yellow. 12. Quercus frainetto ‘Schmidt’ or Forest Green Oak -- is an upright to 40 – 50 feet with a spread of 25 – 30 feet. Oval shaped tree of Hungarian descent. It features deep green, glossy foliage with deeply lobed leaves with yellow brown fall color. The strong central trunk gives this tree a stately appearance. This tree will make a great addition to any yard. It grows best in Full Sun, but will tolerate Full Shade. Drought tolerant once established. 13. Quercus bucklyi ‘Texas Red Oak’ -- is a medium sized tree with spreading branches. It grows 30 to 50 feet tall by 40 feet wide. The foliage turns bright shades of vivid red and orange in autumn. The bark is dark gray to black with plate like scales, and is sometimes light gray and smooth. 14. Quercus cambyi ‘Sierra Oak’ -- is a red oak that naturally grows in a pyramidal shape while it is young, developing into a broader canopy after several years. With a mature size of 30 feet tall and equal spread, it is an ideal oak tree for Cupertino neighborhoods. Although it's classified as an evergreen, it will shed a majority of its leaves in the late winter. New foliage is red before turning a rich green color, turning red again in the fall. Leaves are up to three inches long, and resemble a holly leaf. 15. Quercus suber ‘Cork Oak’-- is a medium sized evergreen tree. The bark from this tree is famously used as wine bottle corks. They grow to a mature height of 40-50 feet tall and are attractive oaks. Leaves are leathery, wavy- toothed, ovate, shiny, and dark green 2-4” long are gray below. Thick, rough, deeply fissured, corky bark with reddish-brown furrows has a unique beauty, particularly on older trees. Fruits are narrow oval-oblong acorns, growing to 1.25 inches long. 16. Ulmus parvifolia ‘Bosque Chinese elm’ -- has a strong central leader and is pyramidal shaped. Good for planting on city streets and in restricted spaces, thanks to its upright growth habit and narrow crown. It has a mature height of 45-50 feet and a spread of 30 feet. The leaves are Fine textured and glossy 1-2 inches long ½ - ¾ inches wide, its dark green foliage is complemented by multi-colored exfoliating bark ranging from orange to dark grey. Neighborhood Themed Street Trees (see neighborhood theme tree map) Area A: Pyrus Calleryana ‘Chanticleer’ Area B: Fraxinus uhdei ‘Shamel Ash’ Area C: Fraxinus americana ‘Autumn Purple’ Quercus bucklyi ‘Texas Red Oak’ Tilia tomentosa ‘Sterling Silver Linden’ Quercus frainetto ‘Schmidt’ or Forest Green Oak Area D: Quercus agrifolia ‘Coast Live Oak’ Area E: Platinus X Acerfolia ’Colombia London Plane Tree’ 111 ATTACHMENT D Master Street Tree List 1. Tristania. conferta –Evergreen tree with moderate to fast growth to 30-40 ft. trunk and limbs resemble those of madrone , with reddish brown bark peeling away to show smooth light colored bark. Upright growth with a rounded head, leaves are 4-6 in. long oval, leathery, bright green. Flowers in clusters 3-7 in summer ¾ in. across white to creamy. This tree can be seen on Blaney Ave north of Stevens Creek Blvd. 2. Arburus 'mMarina'-- Evergreen tree growing 30-40 ft. tall with a broad dense crown. The upright branches are covered with a smooth mahogony colored bark which exfoliatesing to expose new bark. Dark green leaves 4-5 inches long. The pendulous clusters of urn-shaped pink flowers are produced year-round. The fruit that follows is yellow, orange, and dark red. These trees can be seen in the lawn near the main entrance at city hall. 3. Pyrus. callervana. ‘Aristocrat’ – A dDeciduous tree known as ‘Flowering Pear’. Grows fast to 30’ in height and has. Pyramidal in shape. Leaves are gGlossy and, oval growingleaves to 3 inches3” long. Small, white clustered flowers appear late winter/early spring. Leaves turn to a purple red in fall. Tree can be seen on Stevens Creek Blvd median strip between Blaney Ave & Torre Ave. 4. Pistacia. chinesis – A dDeciduous tree known at ‘Chinese Pistache’. It’s sShade tree growing to 40’ in height. Leaves are narrow up to 4’ long turning to a vivid red, yellow and orange in fall. Tree can be seen at City Hall on Rodrigues Ave @ Torre Ave. 5. Lagerstroemia X Fauriei Hybrids. ‘Tuscarora’ – Deciduous tree also known as ‘Crape Myrtle’. It cCan grow to 30’ in height. 1” – 2” oval, glossy leaves producing deep coral pink flowers in July-September. It is Considered a to be mildew resistant. The tree can be seen at De Anza Blvd median strip (north-end) between Mariani Ave & 280 Freeway. 6. Gingko biloba. ‘Autumn Gold’ – Deciduous tree grows to 30’ – 50’ in height. Broad, fan shaped leaves turning gold in fall. Not generally bothered by insects or diseases. It is rResistant to oak root fungus.Fruitless. 7. Acer. rRubrum.’October Glory’ – A deciduous tree growing to height of 40’ – 60’ with a spread of up to 25’ – 45 feet’. Leaves are 2” – 5” long with 3 – 5 lobes. Leaves are green on top with a pale bottom. As fall approaches the leaves turn to a brilliant scarlet red. It tTolerates most soils. Occasional deep watering and periodic feeding will help keep roots deep. 8. Koelreuteria bBipinnata ‘Chinese Flame Tree’. --- A deciduous tree growing to height of 30 - 40' with a Spread up to 30 - 40' Blooms in June with yellow showy flower clusters to 15" long. Fruit is inflated papery-walled capsule, turning from red to coppery-colored and brown in the fall. 9. Platinus X Acerfolia ’Colombia London Plane Tree’ -- Erect, large deciduous trees that grows to 50feet at maturity displaying a pyramidal shape when young. Foliage has medium to dark green leaves 6–7 inches long, 8–10 inches wide. Leaves are 5-lobed. Bark is exfoliating, varying from yellow-green to greyed-green. Dry fuzzy fruit balls are generally produced in 2's and 3's. 10. Acer buergerianum ‘trident maple’ -- is a small, rounded, deciduous tree that typically grows rather slowly to 20-30’. Leaves are Triangular, three-lobed, glossy green above and pale green beneath that are 3 ½ inches long and 2 inches wide. Variable but usually attractive fall color features shades of dark red and orange. Non-showy, greenish-yellow flowers bloom in spring (April-May). Samaras to 1” long mature in fall. Exfoliating bark will develop on mature trunks. 11. Tilia tomentosa ‘sterling silver linden’ -- is noted for its attractive foliage, which is glossy green above and silvery-white below. The foliage flutters in the slightest breeze, showcasing the silver and green leaf colors. This is a 112 medium sized deciduous tree, typically growing to 50 feet tall with upright branching and a broad-columnar habit. Fragrant pale yellow flowers in drooping cymes appear in late spring to early summer (June-July). Flowers are followed by small nutlets attached to narrow, bract-like, strap-shaped leafy wings 2.5 inches long. nutlets ripen in late summer. Ovate, shiny, dark green leaves to 4 inches long with acuminate tips and serrate margins are densely covered beneath with silvery-white hairs. Fall color is an undistinguished pale green to pale yellow. 12. Quercus frainetto ‘Schmidt’ or Forest Green Oak -- is an upright to 40 – 50 feet with a spread of 25 – 30 feet. Oval shaped tree of Hungarian descent. It features deep green, glossy foliage with deeply lobed leaves with yellow brown fall color. The strong central trunk gives this tree a stately appearance. This tree will make a great addition to any yard. It grows best in Full Sun, but will tolerate Full Shade. Drought tolerant once established. 13. Quercus bucklyi ‘Texas Red Oak’ -- is a medium sized tree with spreading branches. It grows 30 to 50 feet tall by 40 feet wide. The foliage turns bright shades of vivid red and orange in autumn. The bark is dark gray to black with plate like scales, and is sometimes light gray and smooth. 14. Quercus cambyi ‘Sierra Oak’ -- is a red oak that naturally grows in a pyramidal shape while it is young, developing into a broader canopy after several years. With a mature size of 30 feet tall and equal spread, it is an ideal oak tree for Cupertino neighborhoods. Although it's classified as an evergreen, it will shed a majority of its leaves in the late winter. New foliage is red before turning a rich green color, turning red again in the fall. Leaves are up to three inches long, and resemble a holly leaf. 15. Quercus suber ‘Cork Oak’-- is a medium sized evergreen tree. The bark from this tree is famously used as wine bottle corks. They grow to a mature height of 40-50 feet tall and are attractive oaks. Leaves are leathery, wavy- toothed, ovate, shiny, and dark green 2-4” long are gray below. Thick, rough, deeply fissured, corky bark with reddish-brown furrows has a unique beauty, particularly on older trees. Fruits are narrow oval-oblong acorns, growing to 1.25 inches long. 16. Ulmus parvifolia ‘Bosque Chinese elm’ -- has a strong central leader and is pyramidal shaped. Good for planting on city streets and in restricted spaces, thanks to its upright growth habit and narrow crown. It has a mature height of 45-50 feet and a spread of 30 feet. The leaves are Fine textured and glossy 1-2 inches long ½ - ¾ inches wide, its dark green foliage is complemented by multi-colored exfoliating bark ranging from orange to dark grey. Neighborhood Themed Street Trees (see neighborhood theme tree map) Area A: Pyrus Calleryana ‘Chanticleer’ Area B: Fraxinus uhdei ‘Shamel Ash’ Area C: Fraxinus aAmericana ‘Autumn Purple’ Quercus bucklyi ‘Texas Red Oak’ Tilia tomentosa ‘Sterling Silver Linden’ Quercus frainetto ‘Schmidt’ or Forest Green Oak Area D: Quercus agrifolia ‘Coast Live Oak’ Pyrus Calleryana ‘Chanticleer’ Area E: Platinus X Acerfolia ’Colombia London Plane Tree’ Platanus ‘Sycamore’ quercus agrifolia ‘Coast Live Oak’ fraxinus uhdei ‘Shamel Ash’ 113 SS58 [\^082 N BLANEYAVE N S T E L L I N G R D BAY W OO D DR P ERIM E T ER R D RICHWOOD D R V IA V IC O LEON A R DAVE N W O L F E R D STEVENS CREEK BLVD R O D R I G U E S A V E TU L A L N C E L EST ECIR BROOKWELLDR VALLE Y GR EEN D R JOHN DR N TANTAU AVE MI N E R P L NILED R G L E NPL MELVINDRORION LN K IM ST C H E R Y L D R BO N N Y D R MIL L E R A V E TO R R E A V E LIL Y AV E MARIANI AVE A N NCT TUGGLE AVE N D E A N Z A B L V D M I L L E R A V E SHETLAND PL CRA F T DR S T A N T A U A V E TOMPKINS DR HARL AN DR MAR Y A VE JOHANSENDR CARVE R D R LA U R E T TA D R GIANNINIDR GILLICK WA Y BETTE AVE SH AS TA DR DE FOE DR RA N D Y L N RA M P A R T A V E BLANEYAVE DRAKE DR MONTCLAIRDR T ULIPANDR C L A R E N D O N S T AR L I N G T O N L N DUMAS DR SHELLY DR VA I AV E N D E A N Z A B L V D WE S T A C R E S D R HU N T I N G T O N D R SA I C H W A Y DA V I S O N A V E H U B B A R D AVE L ANSDALEAVE LO N N A L N JO H N W A Y N O V EM B E R DR MEL O DY LN VIC K SBURG DR PLUM TREE LN PR U N E T R E E L N S B L A N E Y A V E L OR E E A V E NORAND A DR HAZELBROOK DR HANNA D R FORGE DR HUDS O N D R N S T E L L I N G R D BOLLINGER RD MCCLELLAN RD S S T E L L I N G R D SUISUN DR BETLIN AVE D E LA FA RG E D R PHIL LN BEEKMAN PL H O LL A N D E R R Y P L F E S T I V A L D R PACIFICA DR CALVERT DR KENT WOOD AVE JACQUELINEWAY C OL UM BU SA V E FE R N G R O V E D R W ESTATE SDR RUMFORD DR CORVE T T E DR BR O O K G R O V E L N ANCOCK DR MINE TTE DR L I N N E T L N T I P T O E LN ST A NFORD P L CH E L M S FO RD D R BOLLI N G E R R D GREENLEAF DR G A R D E N GATE DR H A N F O RD DR A R A T A W A Y FA R G O DR E R IN W AY W INDSOR ST TILSO N AVE D U N B A R DR BOLLINGER RD NO R W I C H A V E J O HNSONAVE PHYLLIS AVE CULBERTSON DR BENTOAK LN SUNRISE DR SCOFIELD DR STEVENS CREEK BLVD NEWSOM AVE G R ENO LA D R V I S T A D R DENISO N AV E GLENVIE WAVE M ENHARTL N S D E A N Z A B L V D C O L B Y A V E STENDHAL LNPINEVILLEAVE SILVERADO AVE AV O N D A L E S T N P O R T A L A V E KIR W IN L N E L M S F O R D D R S S T E L L I N G R D CRAIG D R B L U E H I L L D R PA RISH PL S T E R N A V E A LV E S DR AMAPOLA DR YORKS H I RE D R CASTANO DRFALLENLEAFLN HU N T E R S T O N P L B R E T A V E JU D Y A V E HEATHERWOOD DR E E S T A T E S D R LA R R Y W A Y R A N D Y L N B A N D L E Y D R STEVENS CREEK BLVD PRUNERIDGEAVE PROUTYWAY BELVE D E R E L N RIDGEVIE W C T H YDE AV E PA R KW O OD D R INFINIT E LO O P City of CupertinoCity of CupertinoNeighborhood Tree ThemesNeighborhood Tree Themes µ R:\ArcView_ProjectFiles\Public_Works\Trees\Jonathan\022715 LegendLegend Area A Area B Area C Area D Area E 114 115 RESOLUTION NO. XX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO UPDATING THE MASTER STREET TREE LIST WHEREAS, street trees provide economic, social and environmental benefits; and WHEREAS, the City has a substantial interest in maintaining a healthy urban forest; and WHEREAS, the planting of the appropriate tree in public right of way is important and predictive of the future health of the tree and the infrastructure that may surround the tree; and WHEREAS, a Master Street Tree List shall be determined and periodically updated to establish the type and species of street trees to be planted in the public right of way so as to maximize the health of the urban forest and preserve as much as is practicable the hardscape infrastructure that often surround street trees. NOW, THEREFORE, BE IT RESOLVED THAT: The Master Street Tree List is updated. PASSED AND ADOPTED at a meeting of the City Council of the City of Cupertino this 17th day of March, 2015, by the following vote: Vote Members of the City Council Ayes: Noes: Absent: Abstain: ATTEST: APPROVED: _________ ___ Grace Schmidt, City Clerk Rod Sinks, Mayor 116 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:115-0719 Name: Status:Type:Consent Calendar Agenda Ready File created:In control:2/24/2015 City Council On agenda:Final action:3/17/2015 Title:Subject: Public Building Solar Installation - Service Center Sponsors: Indexes: Code sections: Attachments:Staff Report Action ByDate Action ResultVer. City Council3/17/20151 Subject: Public Building Solar Installation - Service Center Accept City project CITY OF CUPERTINO Printed on 3/12/2015Page 1 of 1 powered by Legistar™117 PUBLIC WORKS DEPARTMENT CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3354 www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: March 17, 2015 Subject Public Building Solar Installation – Service Center. Recommended Action Accept City project. Discussion On September 2, 2014, Council authorized the City Manager to negotiate and execute a contract for the subject project with Cupertino Electric Incorporated (CEI) in an amount not to exceed $426,207 and authorized a construction contingency allowance of $64,000. The contractor has substantially completed the work of the Service Center Solar Project contract. The project installed a solar power generation system that will offset the electric power bills for three meters – two at the Service Center and the one serving the Don Burnett Pedestrian Bridge. On Saturday, February 28th, the interconnect of the solar power system was accomplished and it is now generating power. The project was substantially completed by CEI on March 6, 2015. Minor remaining work includes the installation of a new Electric Vehicle Charging Station with dual chargers in the front parking lot at the Service Center, which will utilize power generated at the site and add an option for charging fleet vehicles, and commissioning the system for optimal performance. Sustainability Impact In addition to the conservation of the City’s financial resources, it is estimated that the installation will cause the following environmental benefits -  Annual CO2 Reduction – 115 tons  Annual Vehicle Miles Traveled Reduction Equivalent – 266,208 miles  Annual Carbon Sequestration Equivalent – 95 acres 118 These reductions align with the City’s General Plan Sustainability Element goals and Climate Action Plan. Fiscal Impact Cupertino secured a California Solar Initiative (CSI) rebate for the Service Center Solar Project in the amount of $64,039. The rate of rebate is $0.088 per kilowatt-hour (kWh) of actual energy generated over the next five years, up to the maximum amount approved. ___________________________________ Prepared by: Katy Jensen, Capital Improvement Program Manager Reviewed by: Timm Borden, Director of Public Works Approved for Submission by: David Brandt, City Manager Attachments: None 119 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:115-0661 Name: Status:Type:Consent Calendar Agenda Ready File created:In control:2/2/2015 City Council On agenda:Final action:3/17/2015 Title:Subject: Sport Center Tennis Court Retaining Wall Replacement Sponsors: Indexes: Code sections: Attachments:Staff Report Action ByDate Action ResultVer. City Council3/17/20151 Subject: Sport Center Tennis Court Retaining Wall Replacement Accept City Project CITY OF CUPERTINO Printed on 3/12/2015Page 1 of 1 powered by Legistar™120 PUBLIC WORKS DEPARTMENT CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3354 www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: March 17, 2015 Subject Sport Center Tennis Court Retaining Wall Replacement. Recommended Action Accept City project. Discussion On October 7, 2014, Council awarded a contract for the subject project to Valentine Corporation in the amount of $188,369 and authorized a construction contingency allowance of $20,000. The contractor has completed work on the Sport Center Tennis Court Retaining Wall project. The existing precast concrete property-line wall, that also retains soil of the neighboring property, was reinforced with pilasters on the city’s side of the wall, leaving the existing wall in place. The project was completed on February 12, 2015. Sustainability Impact None. Fiscal Impact None. ___________________________________ Prepared by: Katy Jensen, Capital Improvement Program Manager Reviewed by: Timm Borden, Director of Public Works Approved for Submission by: David Brandt, City Manager Attachments: None 121 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:115-0750 Name: Status:Type:Ordinances and Action Items Agenda Ready File created:In control:2/24/2015 City Council On agenda:Final action:3/17/2015 Title:Subject: Consider cancelling meeting(s) in the summer Sponsors: Indexes: Code sections: Attachments:Staff Report Action ByDate Action ResultVer. City Council3/17/20151 Subject: Consider cancelling meeting(s) in the summer Provide direction to staff CITY OF CUPERTINO Printed on 3/12/2015Page 1 of 1 powered by Legistar™122 OFFICE OF THE CITY CLERK CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3223 www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: March 17, 2015 Subject Consider cancelling meeting(s) in the summer. Recommended Action Provide direction to staff. Discussion It has been past City Council practice to cancel one or two meetings during the summer to accommodate Council members’ vacation plans. When considering which meeting(s) to cancel, please take note of the following:  Weed abatement lien assessment must be approved no earlier than July 7 and no later than August 4 Sustainability Impact N/A Fiscal Impact N/A _____________________________________ Prepared by: Kirsten Squarcia, Deputy City Clerk Reviewed by: Grace Schmidt, City Clerk Approved for Submission by: David Brandt, City Manager Attachments: None 123 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:115-0760 Name: Status:Type:Reports by Council and Staff Agenda Ready File created:In control:3/6/2015 City Council On agenda:Final action:3/17/2015 Title:Subject: Construction Project Update Report (Continued from March 3) Sponsors: Indexes: Code sections: Attachments: Action ByDate Action ResultVer. City Council3/17/20151 Subject: Construction Project Update Report (Continued from March 3) Receive Construction Project Update Report CITY OF CUPERTINO Printed on 3/12/2015Page 1 of 1 powered by Legistar™124 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:115-0729 Name: Status:Type:Reports by Council and Staff Agenda Ready File created:In control:2/24/2015 City Council On agenda:Final action:3/17/2015 Title:Subject: Report on Committee Assignments Sponsors: Indexes: Code sections: Attachments: Action ByDate Action ResultVer. City Council3/17/20151 Subject: Report on Committee Assignments Report on Committee Assignments CITY OF CUPERTINO Printed on 3/12/2015Page 1 of 1 powered by Legistar™125