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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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.
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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.
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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
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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.
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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
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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.
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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.
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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
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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
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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
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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
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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
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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
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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’
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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
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R:\ArcView_ProjectFiles\Public_Works\Trees\Jonathan\022715
LegendLegend
Area A
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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
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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
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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
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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
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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
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