09-15-15 Searchable packetCITY OF CUPERTINO
AGENDA
Tuesday, September 15, 2015
10300 Torre Avenue and 10350 Torre Avenue
CITY COUNCIL
5:30 PM
Non-televised Closed Session (5:30) Followed by Televised Meeting (6:45)
NOTICE AND CALL FOR A SPECIAL MEETING OF THE CUPERTINO CITY
COUNCIL
NOTICE IS HEREBY GIVEN that a special meeting of the Cupertino City
Council is hereby called for Tuesday, September 15, 2015, commencing at 5:30
p.m. in City Hall Conference Room A, 10300 Torre Avenue, Cupertino, California
95014. Said special meeting shall be for the purpose of conducting business on the
subject matters listed below under the heading, “Special Meeting." The regular
meeting items will be heard at 6:45 p.m. in Community Hall Council Chamber,
10350 Torre Avenue, Cupertino, California.
SPECIAL MEETING
CLOSED SESSION - 5:30 PM
City Hall Conference Room A, 10300 Torre Avenue
ROLL CALL
1.Subject: Conference with legal counsel-Existing litigation (Paragraph (1) of
subdivision (d) of Gov't Code 54956.9; City of Saratoga; City of Cupertino;
Town of Los Gatos v. California Department of Transportation, et al., Case No.
115CV281214
ADJOURNMENT
REGULAR MEETING
PLEDGE OF ALLEGIANCE- 6:45 PM
Community Hall Council Chamber, 10350 Torre Avenue
ROLL CALL
Page 1 CITY OF CUPERTINO
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September 15, 2015City Council AGENDA
CEREMONIAL MATTERS AND PRESENTATIONS
POSTPONEMENTS
ORAL COMMUNICATIONS
This portion of the meeting is reserved for persons wishing to address the council on
any matter not on the agenda. Speakers are limited to three (3) minutes. In most cases,
State law will prohibit the council from making any decisions with respect to a matter
not listed on the agenda.
CONSENT CALENDAR
Unless there are separate discussions and/or actions requested by council, staff or a
member of the public, it is requested that items under the Consent Calendar be acted on
simultaneously.
1.Subject: Accept Accounts Payable for the period ending August 14, 2015
Recommended Action: Adopt Resolution No. 15-080 accepting Accounts Payable
for the period ending August 14, 2015
A - Draft Resolution
B - AP Report
2.Subject: Accept Accounts Payable for the period ending August 21, 2015
Recommended Action: Adopt Resolution No. 15-081 accepting Accounts Payable
for the period ending August 21, 2015
A - Draft Resolution
B - AP Report
3.Subject: Accept Accounts Payable for the period ending August 28, 2015
Recommended Action: Adopt Resolution No. 15-082 accepting Accounts Payable
for the period ending August 28, 2015
A - Draft Resolution
B - AP Report
4.Subject: Accept resignation of Fine Arts Commissioner Priya Jayachandran and
direct staff to fill the unscheduled vacancy in January; and set application
deadline and interview dates for commissions with terms expiring January and
terms for new Sustainability Commission
Page 2 CITY OF CUPERTINO
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September 15, 2015City Council AGENDA
Recommended Action: a) Accept the resignation of Fine Arts Commissioner Priya
Jayachandran and direct staff to fill the unscheduled vacancy in January 2016; and
b) Set the application deadline of 4:30 p.m. on Friday, January 15, 2016 and
interviews beginning at 5:00 p.m. on Monday and Tuesday, January 25 and 26 for
commissions with terms expiring January 30, 2016 including terms for new
Sustainability Commission
Staff Report
A - Resignation from Priya Jachandrian FAC
B - Appointments List and Notice of Commission Terms Expiring
5.Subject: De Anza Boulevard Traffic Signal Synchronization - Acceptance of
outside funding, authorization of funding agreement, and appropriation of funds
Recommended Action: 1) Authorize acceptance of a $55,000 Transportation Fund
for Clean Air (TFCA) grant and authorize the City Manager to execute a funding
agreement with the Santa Clara Valley Transportation Authority (VTA).
2) Amend approved FY 15/16 Operating Budget by an additional amount of $55,000
for TFCA project budget.
Staff Report
A – Draft TFCA Funding Agreement
6.Subject: Authorization of an amendment to the FY 2015-16 budget for additional
staffing and related costs in the Community Development Department.
Recommended Action: Amend the FY 2015-16 budget in the amount of $145,000 to
add a new Senior Planner position and fund costs related to equipment and space
re-organization, and
Convert a Limited Term Planner position to a permanent position in the Community
Development Department.
Staff Report
A - Comparison Chart of Planners by City - 2015
7.Subject: Adopt a resolution taking a position of support on Community Choice
Aggregation for purposes of legislative advocacy
Recommended Action: Adopt Resolution No. 15-083 Supporting Community
Choice Aggregation
Staff Report
A - Draft Resolution
SECOND READING OF ORDINANCES
8.Subject: Ordinance amending Cupertino Municipal Code Title 16 to add Chapter
28 to provide an expedited streamlined permitting process for small residential
rooftop systems as mandated by the State of California, and City Manager
authorization to adopt an electronic signature policy
Page 3 CITY OF CUPERTINO
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September 15, 2015City Council AGENDA
Recommended Action: 1. Conduct the second reading and enact Ordinance No.
15-2133: "An Ordinance of the City Council of the City of Cupertino amending
Cupertino Municipal Code Title 16 to add Chapter 28 to provide an expedited
streamlined permitting process for small residential rooftop systems"
Staff Report
A - Ordinance Redlined Version
B - Ordinance
PUBLIC HEARINGS
ORDINANCES AND ACTION ITEMS
9.Subject: Permanent Program for Early Morning Collection of Solid Waste
Containers on Select Streets in the Tri-School Area
Recommended Action: Allow the solid waste franchisee (Recology) to begin
permanent collection of solid waste containers as early as 6:00 A.M. on select
Tri-School area streets
Staff Report
A - Table of Containers Removed from Select Streets Prior to and During Implementation
B – Notification of Residents
C – Resident Comments
D – Draft Educational Door Hanger
10.Subject: An Ordinance amending Section 11.32.020 of the Cupertino Municipal
Code to remove Pruneridge Avenue as a truck route and amending Sections
11.32.055, 11.32.070, and 11.32.080 to clarify exceptions to truck access within
the City and adjacent to public schools
Recommended Action: Conduct the first reading of Ordinance No. 15-2134: “An
Ordinance of the City Council of the City of Cupertino amending Section 11.32.020
of Chapter 11.32 of Title 11 of the Cupertino Municipal Code to remove Pruneridge
Avenue as a truck route and amending Sections 11.32.055, 11.32.070, and
11.32.080 to clarify exceptions for truck access within the City and within school
zones,” to remove outdated language and to clarify when certain trucks are exempt
from the restrictions and limitations on truck travel within the City and around school
zones
Staff Report
A - Draft Ordinance
B - Redline Version of Draft Ordinance
11.Subject: Brown Act letter submitted by Better Cupertino
Page 4 CITY OF CUPERTINO
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September 15, 2015City Council AGENDA
Recommended Action: Recommend that the City Council consider the allegations
and the discussion in this staff report and direct that the letter attached hereto as
Attachment D be transmitted to Better Cupertino in response to its "cease and desist"
demand letter of August 26, 2015.
Staff Report
A - Government Code Section 54960.2
B - Letter from Better Cupertino
C - December 2, 2014 Agenda
D - Proposed Response Letter to Better Cupertino
REPORTS BY COUNCIL AND STAFF
12.Subject: Present Construction Project Update Report
Recommended Action: Receive Construction Update Report
13.Subject: Report on Committee assignments and general comments
Recommended Action: Report on Committee assignments and general comments
ADJOURNMENT
Page 5 CITY OF CUPERTINO
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September 15, 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 6 CITY OF CUPERTINO
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:115-1052 Name:
Status:Type:Closed Session Agenda Ready
File created:In control:8/20/2015 City Council
On agenda:Final action:9/15/2015
Title:Subject: Conference with legal counsel-Existing litigation (Paragraph (1) of subdivision (d) of Gov't
Code 54956.9; City of Saratoga; City of Cupertino; Town of Los Gatos v. California Department of
Transportation, et al., Case No. 115CV281214
Sponsors:
Indexes:
Code sections:
Attachments:
Action ByDate Action ResultVer.
Subject:Conferencewithlegalcounsel-Existinglitigation(Paragraph(1)ofsubdivision(d)of
Gov'tCode54956.9;CityofSaratoga;CityofCupertino;TownofLosGatosv.California
Department of Transportation, et al., Case No. 115CV281214
CITY OF CUPERTINO Printed on 9/9/2015Page 1 of 1
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:115-1063 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:9/2/2015 City Council
On agenda:Final action:9/15/2015
Title:Subject: Accept Accounts Payable for the period ending August 14, 2015
Sponsors:
Indexes:
Code sections:
Attachments:A - Draft Resolution
B - AP Report
Action ByDate Action ResultVer.
City Council9/15/20151
Subject: Accept Accounts Payable for the period ending August 14, 2015
AdoptResolutionNo.15-080acceptingAccountsPayablefortheperiodendingAugust14,
2015
CITY OF CUPERTINO Printed on 9/9/2015Page 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
August 14, 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 the attached Payment Register.
CERTIFIED: _____________________________
Lisa Taitano, Finance Manager
PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Cupertino this 15th day of September, 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:115-1064 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:9/2/2015 City Council
On agenda:Final action:9/15/2015
Title:Subject: Accept Accounts Payable for the period ending August 21, 2015
Sponsors:
Indexes:
Code sections:
Attachments:A - Draft Resolution
B - AP Report
Action ByDate Action ResultVer.
City Council9/15/20151
Subject: Accept Accounts Payable for the period ending August 21, 2015
AdoptResolutionNo.15-081acceptingAccountsPayablefortheperiodendingAugust21,
2015
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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
August 21, 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 the attached Payment Register.
CERTIFIED: _____________________________
Lisa Taitano, Finance Manager
PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Cupertino this 15th day of September, 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:115-1065 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:9/2/2015 City Council
On agenda:Final action:9/15/2015
Title:Subject: Accept Accounts Payable for the period ending August 28, 2015
Sponsors:
Indexes:
Code sections:
Attachments:A - Draft Resolution
B - AP Report
Action ByDate Action ResultVer.
City Council9/15/20151
Subject: Accept Accounts Payable for the period ending August 28, 2015
AdoptResolutionNo.15-082acceptingAccountsPayablefortheperiodendingAugust28,
2015
CITY OF CUPERTINO Printed on 9/9/2015Page 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
August 28, 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 the attached Payment Register.
CERTIFIED: _____________________________
Lisa Taitano, Finance Manager
PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Cupertino this 15th day of September, 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:115-1062 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:9/1/2015 City Council
On agenda:Final action:9/15/2015
Title:Subject: Accept resignation of Fine Arts Commissioner Priya Jayachandran and direct staff to fill the
unscheduled vacancy in January; and set application deadline and interview dates for commissions
with terms expiring January and terms for new Sustainability Commission
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report
A - Resignation from Priya Jachandrian FAC
B - Appointments List and Notice of Commission Terms Expiring
Action ByDate Action ResultVer.
City Council9/15/20151
Subject:AcceptresignationofFineArtsCommissionerPriyaJayachandrananddirectstaffto
filltheunscheduledvacancyinJanuary;andsetapplicationdeadlineandinterviewdatesfor
commissions with terms expiring January and terms for new Sustainability Commission
a)AccepttheresignationofFineArtsCommissionerPriyaJayachandrananddirectstafftofill
the unscheduled vacancy in January 2016; and
b)Settheapplicationdeadlineof4:30p.m.onFriday,January15,2016andinterviews
beginningat5:00p.m.onMondayandTuesday,January25and26forcommissionswithterms
expiring January 30, 2016 including terms for new Sustainability Commission
CITY OF CUPERTINO Printed on 9/9/2015Page 1 of 1
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OFFICE OF THE CITY CLERK
CITY HALL
10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3223 www.cupertino.org
CITY COUNCIL STAFF REPORT
Meeting: September 15, 2015
Subject
Accept resignation of Fine Arts Commissioner Priya Jayachandran and direct staff to fill
the unscheduled vacancy in January; and set application deadline and interview dates
for commissions with terms expiring January and terms for new Sustainability
Commission.
Recommended Action
a) Accept the resignation of Fine Arts Commissioner Priya Jayachandran and direct
staff to fill the unscheduled vacancy in January 2016; and
b) Set the application deadline of 4:30 p.m. on Friday, January 15, 2016 and interviews
beginning at 5:00 p.m. on Monday and Tuesday, January 25 and 26 for commissions
with terms expiring January 30, 2016 including terms for new Sustainability
Commission.
Background
Commissioner Jayachandran was serving her first term on the Fine Arts Commission
which expires in January 2019. She submitted her resignation to staff on August 21
thereby creating an unscheduled vacancy for the unexpired portion of her term. The
Fine Arts Commission meets 6 times annually and is scheduled to meet again in
September and November.
Outreach for the annual recruitment of all commissions begins in October and the City
Council will interview applicants in January. Commissions with upcoming vacancies in
January 2016 include: Audit Committee (2), Housing Commission (2), Parks and
Recreation Commission (2), Public Safety Commission (3), Sustainability Commission
(5), and Technology, Information, and Communications Commission (2).
Discussion
The City Council appoints members to 10 advisory commissions. Members serve
staggered, four-year terms with a two-term limit and must wait two years before they
can reapply for the same commission. The Cupertino Municipal Code specifies that the
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term of office for the members of each commission shall end on January 30th of the year
their term is due to expire. No commissioner shall serve more than two consecutive
terms except if he or she has been appointed to fill an unscheduled vacancy for a term
that is less than two years.
Recruitment, appointment, and reappointment are governed by City Council
Resolution No. 10-048, and Government Code sections 54970-54974. The Teen
Commission is governed by Resolution No. 09-115 and follows a different appointment
schedule and structure.
Vacancies will be announced in October in the local news media, posted at City Hall,
Senior Center, Quinlan Community Center, and the Library, and included in the
Cupertino Scene and the City’s web site. Notices are also mailed to CERT graduates,
Neighborhood Block Leaders, Leadership 95014 graduates, the Chamber of Commerce,
service organizations, and other interested parties. Commissioners who have expired
terms and are eligible for reappointment are notified as well as those with applications
on file.
The attached list describes all the commissions, and lists the names of incumbents
whose terms are ending in January 2016. Applicants may apply for up to two
commissions and each applicant is interviewed for his or her preferred commission(s).
Sustainability Impact
None
Fiscal Impact
None
_____________________________________
Prepared by: Kirsten Squarcia, Deputy City Clerk
Reviewed by: Grace Schmidt, City Clerk
Approved for Submission by: David Brandt, City Manager
Attachments:
A - Priya Jayachandran resignation
B - City of Cupertino Local Appointments List and Notice of Vacancies for 2016
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Kirsten Squarcia
Subject:FW: Resignation from the FAC
From: Priya Jayachandran [mailto:jayachandran.priya@gmail.com]
Sent: Friday, August 21, 2015 4:38 PM
To: Diana Matley; Michael Sanchez; Rajeswari Mahalingam; Russell Leong; Julia Kinst; Piu Ghosh
Subject: Resignation from the FAC
Dear Julia, Piu, and fellow Commissioners,
I unfortunately have another unanticipated conflict which prevents me from attending the special meeting of the
FAC this Monday. Therefore, I regretfully need to resign my position as a Fine Arts Commissioner.
I really enjoyed meeting all of you and working together to promote the arts in Cupertino. It saddens me that I
will not be able to continue to participate in this role. I do, however, look forward to seeing the great public art
works, EA/DA grant projects, and community events that the FAC supports.
Please consider this email as my official resignation and my apologies for any inconvenience this causes.
Sincerely,
Priya
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OFFICE OF THE CITY CLERK
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3223 • FAX: (408) 777-3366
LOCAL APPOINTMENTS LIST AND NOTICE OF COMMISSION TERMS EXPIRING IN 2016
NOTICE IS HEREBY GIVEN that residents are encouraged to apply for positions on City commissions
that will have vacancies in January of 2016. The application deadline is 4:30 p.m. on Friday, January 15,
2016. Council will conduct interviews beginning at 5:00 p.m. on Monday and Tuesday, January 25 and
26.
Commissioners are interviewed and appointed by the City Council, and may serve a total of two
consecutive 4-year terms. (The Teen Commission has a different term structure). If a person is
appointed to fill an unscheduled vacancy that is less than two years, that partial term is not counted
against the term limit.
All meetings are open to the public. For more information or to apply for a commission, please contact
the City Clerk’s Office at 777-3223, or visit the City website at www.cupertino.org/vacancies.
AUDIT COMMITTEE - No residency requirement
Incumbent Appointment Date Present Term Expires Eligible for Re-Appointment
Angela Chen 1/23/12 1/30/16 Yes
Raymond Yin 1/23/12 1/30/16 Yes
Eligibility Requirements: The Committee consists of four or five members serving four-year terms.
Two individuals are members of City Council, and a minimum of two and a maximum of three are at
large members. The at large members shall not be officials or employees of the City, n or cohabit with as
defined by law, nor be related by blood or marriage to any member of the Committee, the City Manager
or staff person assigned to the Committee. An Audit Committee at large member is not required to be a
Cupertino resident, but the City Council will give priority to individuals who have substantial
accounting, audit, or investment experience, preferably in connection with a governmental agency.
Powers and Functions:
The powers and functions of the Audit Committee shall be as follows: A. Review the annual audit
report and management letter; B. Recommend appointment of auditors; C. Review the monthly
Treasurer’s report, D. Review City investment policies and internal controls of such policies. The Audit
Committee falls under the Political Reform Act of 1974 and financial disclosure is required.
Meeting Schedule:
Regular meetings are held quarterly on the 3rd Thursday of the selected month at 4:00 p.m. at City Hall
in Conference Room A. For more information, call staff liaison Lisa Taitan o at (408) 777-3280 or
lisat@cupertino.org.
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BICYCLE PEDESTRIAN COMMISSION - Residency requirement for all five members
Incumbent Appointment Date Present Term Expires Eligible for Re-Appointment
No terms expiring in
January 2016
Eligibility Requirements: The Commission consists of five members who are residents of the City and
shall be appointed by the Council to four-year overlapping terms. None shall be officials or employees
of the City nor cohabit with, as defined by law, nor be related by blood or marriage to, any member of
the committee, the City Manager or the staff person or persons assigned to the Commission. The Bicycle
Pedestrian Commission falls under the Political Reform Act of 1974 and financial disclosure is required.
Powers and Functions: Review, monitor and suggest recommendations for City transportation matters
including, but not limited to bicycle and pedestrian traffic, parking, education and recreation within
Cupertino.
Meeting Schedule: Regular meetings are held monthly on the third Wednesday at 7 p.m. in City Hall,
Conference Room A. For more information, call staff liaison David Stillman at (408) 777-3249 or
davids@cupertino.org.
FINE ARTS COMMISSION - Residency Requirement for three out of five members
Incumbent Appointment Date Present Term Expires Eligible for Re-Appointment
Vacant (partial term,
counts as full)
1/30/19
Eligibility Requirements: The Commission consists of five members appointed by Council for four -year
terms. None of the members shall be employees or officials of the City, nor cohabit with as defined by
law, nor be related by blood or marriage to any member of the Commission, the City Manager or staff
person assigned to the Commission. At least three shall be Cupertino residents. The Fine Arts
Commission falls under the Political Reform Act of 1974 and financial disclosure is required.
Powers and Functions: Foster, encourage and assist the realization, preservation and advancement of
the fine arts for the benefit of the community.
Meeting Schedule: Regular meetings are held on the 4th Monday of every other month (odd months)
and more often as necessary at 7:00 p.m. in City Hall, Conference Room C. For more information,
contact staff liaison Piu Ghosh at (408) 777-3277 or finearts@cupertino.org.
HOUSING COMMISSION - Residency requirement for three out of five members; Business and
financial institution representatives must be located in Cupertino.
Incumbent Appointment Date Present Term Expires Eligible for Re-Appointment
Krista Wilson 1/23/12 1/30/16 Yes
Nicole Maroko
(Business
Representative)
4/1/08; 1/23/12 1/30/16 Not eligible
Eligibility Requirements: The Commission consists of five members appointed by the council to four-
year terms. One must be a representative from a Cupertino financial institution and another from a
Cupertino business. Housing Commission members who are representatives of a financial institution or
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a business are not required to be Cupertino residents, but the financial institution and the business
represented must be located in Cupertino. The three remaining community members must be residents
of Cupertino. The Cupertino Housing Commission falls under the Political Reform Act of 1974 and
financial disclosure is required.
Powers and Functions: Assists in developing housing policies and strategies, recommends policies for
implementation and monitoring of affordable housing projects, helps identify sources of funding for
affordable housing and performs other advisory functions authorized by the City Council.
Meeting Schedule: Regular meetings are held at 9:00 a.m., the second Thursday of the month at City
Hall, Conference Room C. For more information, call staff liaison Christopher (CJ) Valenzuela at (408)
777-3251 or christopherv@cupertino.org.
LIBRARY COMMISSION - Residency requirement for three out of five members
Incumbent Appointment Date Present Term Expires Eligible for Re-Appointment
No terms expiring in
January 2016
Eligibility Requirements: The Commission consists of five members appointed by the Council to four-
year, overlapping terms. At least three members must be residents of Cupertino. None of the members
shall be officials or employees of the City, nor cohabit with, as defined by law, nor be related by blood
or marriage to any member of the Commission, the City Manager or the staff person(s) assigned to this
Commission. The Library Commission falls under the Political Reform Act of 1974 and financial
disclosure is required.
Powers and Functions: Advises the City Council on the adequacy of library service within the
community and such other matters relating to library service as specified by the city council, and serves
as liaison between the city and the Santa Clara County library system.
Meeting Schedule: Regular meetings are held monthly on the first Wednesday of each month at 7:00
p.m. in City Hall, Conference Room C. For more information, contact staff liaison Nidhi Mathur at (408)
777-3377 or nidhim@cupertino.org.
PARKS AND RECREATION COMMISSION - Residency requirement for all five members
Incumbent Appointment Date Present Term Expires Eligible for Re-Appointment
Helene Davis 1/26/15 (partial
term)
1/30/16 Yes
Judy Wilson 1/29/14 (partial
term, counts as full)
1/30/16 Yes
Eligibility Requirements: The Commission consists of five members who are residents of the City and
shall be appointed by the Council to four-year, overlapping terms. None of the members shall be
officials or employees of the City, nor cohabit with as defined by law, nor be related by blood or
marriage to any member of the Commission, the City Manager or the staff person(s) assigned to this
Commission. The Parks and Recreation Commission falls under the Political Reform Act of 1974 and
financial disclosure is required.
Powers and Functions: Advises the City Council on municipal activities in relation to parks and
recreation, including park site acquisition and development, recreation program policy, and expansion
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4
of the park program as development occurs.
Meeting Schedule: Regular meetings are held at 7:00 p.m. on the first Thursday of each month in the
Community Hall. For more information, contact staff liaison Carol Atwood at (408) 777 -3110 or
parks@cupertino.org.
PLANNING COMMISSION - Residency requirement for all five members
Incumbent Appointment Date Present Term Expires Eligible for Re-Appointment
No terms expiring in
January 2016
Eligibility Requirements: The Commission consists of five members appointed by the Council to
overlapping four-year terms. Each member shall be a qualified elector in and resident of the City. None
of the members shall be officials or employees of the City and none of whom shall cohabit with as
defined by law, nor be related by blood or marriage to any other member of the Commission, the City
Manager or the staff person(s) assigned to this Commission. The Planning Commission falls under the
Political Reform Act of 1974 and financial disclosure is required.
Powers and Functions: Advises the City Council on land use matters such as specific and general plans,
zonings and subdivisions. The Commission reviews other matters as specified by City ordinances or
Title VII of the Government Code of California.
Meeting Schedule: Regular meetings are held at 6:45 on the second and fourth Tuesday of the month in
the Community Hall. For more information, contact staff liaison Piu Ghosh at (408) 777-3277 or
piug@cupertino.org.
PUBLIC SAFETY COMMISSION - Residency requirement for all five members
Incumbent Appointment Date Present Term Expires Eligible for Re-Appointment
Andy Huang 9/21/10 (partial
term); 1/23/12
1/30/16 Yes
Mike Jerbic 6/10/14 (partial
term)
1/30/16 Yes
Robert McCoy 1/23/12 1/30/16 Yes
Eligibility Requirements: The Commission consists of five members and shall be appointed by the
council to four-year, overlapping terms. All members shall reside within the City. None shall be
officials or employees of the City, members of the Sheriff’s Department of the County, either regular or
reserve, nor shall they be members of the Central Fire Protection District. No members of the Public
Safety Commission shall cohabit with, as defined by law, nor be related by blood or marriage to any
member of the Commission, the City Manager or the staff person(s) assigned to this Commission. The
Public Safety Commission falls under the Political Reform Act of 1974 and financial disclosure is
required.
Powers and Functions: Advises the City Council on all areas relating to public safety, traffic, and police,
fire and other matters relating to the foregoing.
Meeting Schedule: Regular meetings are held monthly on the second Thursday of each month at 6 p.m.
in City Hall, Conference Room A. For more information, contact staff liaison Captain Rick Sung at (408)
868-6610 or rick.sung@sheriff.sccgov.org
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5
SUSTAINABILITY COMMISSION - Residency requirement for three out of five members; Business
and educational institution representatives must be located in Cupertino.
Incumbent Appointment Date Present Term Expires Eligible for Re-Appointment
Vacant, Business
Representative
1/30/20
Vacant, Educational
Representative
1/30/20
Vacant 1/30/20
Vacant (partial term,
counts as full)
1/30/18
Vacant (partial term,
counts as full)
1/30/18
Eligibility Requirements: The Cupertino Sustainability Commission consists of five members appointed
by the City Council to serve four-year overlapping terms. One member must be a representative from a
Cupertino-based educational institution and another from a Cupertino-based business. Sustainability
Commission members who are representatives of an educational institution or a business are not
required to be Cupertino residents. The three remaining community members must be residents of
Cupertino. The Sustainability Commission falls under the Political Reform Act of 1974 and financial
disclosure is required.
Powers and Functions: The commission serves in an advisory capacity to the City Council and provides
expertise and guidance on major policy and programmatic areas related to the environmental, economic
and societal goals noted within Cupertino’s Climate Action Plan (CAP) and General Plan (GP)
Environmental Resources/Sustainability Element.
Meeting Schedule: Regular meetings are held at least once every three months, and other meetings may
be held as necessary, at a date, time, and location to be determined. For more information, call staff
liaison Erin Cooke at (408) 777-7603 or erinc@cupertino.org.
TEEN COMMISSION - Residency requirement for all nine members
Incumbent Appointment Date Present Term Expires Eligible for Re-Appointment
No terms expiring in
January 2016
Eligibility Requirement: The Commission consists of nine members, serving two-year staggered terms,
with the intention if possible to include at least one person from each public middle school and public
high school in Cupertino. Membership on the Commission is limited to Cupertino residents. Members
may attend schools outside of the city limits, or be schooled at home. Commissioners mus t be in 8th
through 12th grade.
Powers and Functions: Advises the City Council and staff on issues and projects important to youth.
Meeting Schedule: Regular meetings are held September through May, twice monthly (except
December), for a total of 17 meetings on the second and Fourth Wednesday at 6:30 p.m. at the Quinlan
Community Center, 10185 N. Stelling Road. For more information, contact staff liaison Danny Mestizo,
408-777-3134 or DannyM@cupertino.org
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6
TECHNOLOGY, INFORMATION, AND COMMUNICATIONS COMMISSION - Residency
requirement for all five members
Incumbent Appointment Date Present Term Expires Eligible for Re-Appointment
Shishir Chavan 1/23/12 1/30/16 Yes
Wallace Iimura 1/22/07 (partial
term); 1/22/08;
1/23/12
1/30/16 Not eligible
Eligibility Requirements: The Commission consists of five members, appointed by the council to four -
year, overlapping terms. All members must be from among the qualified electors of the City. None of
the members shall be officials or employees of the City, nor cohabit with, as defined by law, nor be
related by blood or marriage to any member of the Commission, the City Manager or the staff person(s)
assigned to this Commission. The Technology, Information, and Communications Commission falls
under the Political Reform Act of 1974 and financial disclosure is required.
Powers and Functions: Advises the City Council on all matters relating to telecommunications within
the City of Cupertino, including evaluating compliance with any franchise or other agreement between
the City and a telecommunications provider and conducting periodic reviews of providers, facilities,
and products. In addition, members serve as liaisons between the City, the public, and
telecommunications providers in enhancing education and information. The Commission also provides
support for community access television, especially public and educational access, and gives guidance
when needed for development and implementation of access channels and programming.
Meeting Schedule: Regular meetings are held at least once every three months and, at the discretion of
the Commission, other meetings may be held as necessary or expedient. Meetings usually fall on the
first Wednesday of the month at 7:00 p.m. in City Hall Conference Room A. For more information,
contact staff liaison Mariyah Serratos at 408-777-3189 or mariyahs@cupertino.org.
71
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:115-1039 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:8/17/2015 City Council
On agenda:Final action:9/15/2015
Title:Subject: De Anza Boulevard Traffic Signal Synchronization - Acceptance of outside funding,
authorization of funding agreement, and appropriation of funds
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report
A – Draft TFCA Funding Agreement
Action ByDate Action ResultVer.
City Council9/15/20151
Subject:DeAnzaBoulevardTrafficSignalSynchronization-Acceptanceofoutsidefunding,
authorization of funding agreement, and appropriation of funds
1)Authorizeacceptanceofa$55,000TransportationFundforCleanAir(TFCA)grantand
authorizetheCityManagertoexecuteafundingagreementwiththeSantaClaraValley
Transportation Authority (VTA).
2)AmendapprovedFY15/16OperatingBudgetbyanadditionalamountof$55,000forTFCA
project budget.
CITY OF CUPERTINO Printed on 9/9/2015Page 1 of 1
powered by Legistar™72
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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: September 15, 2015
Subject
De Anza Boulevard Traffic Signal Synchronization – Acceptance of outside funding,
authorization of funding agreement, and appropriation of funds.
Recommended Actions
1. Authorize acceptance of a $55,000 Transportation Fund for Clean Air (TFCA)
grant and authorize the City Manager to execute a funding agreement with the
Santa Clara Valley Transportation Authority (VTA).
2. Amend approved FY 15/16 Operating Budget by an additional amount of $55,000
for TFCA project budget.
Background
TFCA funding for the project has been approved in the VTA program for this fiscal year
and endorsed by the Bay Area Air Quality Management District’s Board of Directors.
This project will conduct a signal timing study for fifteen (15) signals along De Anza
Boulevard from Homestead Road to Prospect Road. The goal is to conduct signal
timing analysis and develop and implement signal coordination during the AM,
Midday, and PM peak periods. Upon approval, staff will be selecting an engineering
consultant by winter of this year and data will be collected starting early next year. It is
anticipated that the study and implementation of the recommendations will be
completed by fall 2016.
Sustainability Impact
Implementation of the De Anza Boulevard Traffic Signal Synchronization will support
the city’s sustainability goals.
Fiscal Impact
The recommended budget for this project will provide funding for the study and
implementation of the recommended actions. The TFCA grant will reimburse the City
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for the total costs up to $55,000.00, resulting in zero impact to the general fund. Funds
will be added to Traffic Engineering account number 100-88-844 700-702.
____________________________________
Prepared by: Erwin Ching, Associate Civil Engineer
Reviewed by: Timm Borden, Director of Public Works
Approved for Submission by: David Brandt, City Manager
Attachments:
A – Draft TFCA Funding Agreement
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Cupertino 1516 funding Agreement 1 of 7 9/8/2015
SANTA CLARA VALLEY TRANSPORTATION AUTHORITY
CONGESTION MANAGEMENT PROGRAM
TRANSPORTATION FUND FOR CLEAN AIR
AGREEMENT
FY 2015/16
This agreement (“Agreement”) by and between the Santa Clara Valley Transportation Authority
(“VTA”) and the City of Cupertino (“Sponsor”) shall be effective on the date that this
Agreement is fully executed by the parties hereto (“Effective Date”).
RECITALS
This Agreement is made with reference to the following facts:
A. VTA has been designated by resolutions of the County of Santa Clara, as well as a majority
of the cities within Santa Clara County, as the Program Manager for Santa Clara County
Transportation Fund for Clean Air (“TFCA”) County Program Manager under the State of
California Health and Safety Code Section 44241.
B. Pursuant to that designation, VTA is responsible for allocating and administering the County
of Santa Clara’s TFCA County Program Manager Fund (“County Fund”) to eligible project
sponsors in accordance with its agreement with the Bay Area Air Quality Management District
(“BAAQMD”).
C. This Agreement specifies the conditions under which VTA will allocate and administer a
grant from the County Fund to Sponsor for fiscal year 2015/16.
Now, therefore the parties agree as follows:
AGREEMENT
Section 1. Grant of TFCA Funds; Description of Project
A. Subject to appropriation and receipt of TFCA funds (as further set forth in Section 9, below),
VTA hereby agrees to allocate to Sponsor a TFCA grant in an amount not to exceed $55,000
(the “Grant Funds”) in consideration for Sponsor’s agreement to implement and complete the
DeAnza Blvd Traffic Signal Synchronization (“Project”) (as further set forth in the project
summary, attached hereto as Attachment A), in accordance with the terms and conditions set
forth in this Agreement.
B. In consideration of VTA’s providing Sponsor with the Grant Funds, Sponsor hereby agrees to
implement and complete the Project in conformance with the terms of this Agreement. In
implementing the Project, Sponsor shall comply with the Project schedule and monitoring
requirements, as described in Attachment A.
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Cupertino 1516 funding Agreement 2 of 7 9/8/2015
Section 2. Proper Expenditure; Return of Funds
A. Sponsor shall assure that all funds received under this Agreement are expended only in
accordance with all applicable provisions of federal, state and local law, and Sponsor shall
require any other sub-recipients of Grant Funds for the Project to do the same.
B. Sponsor shall comply with: (i) all TFCA program and project requirements, as set forth in the
BAAQMD’s “County Program Manager Fund Expenditure Plan Guidance Fiscal Year
Ending 2016,” the Funding Agreement between VTA and BAAQMD for FY 2015/16; and
(ii) the TFCA County Program Manager Fund Policies for FY 2015/16 (hereinafter
“Policies”). These documents, including appendices, are incorporated herein and made a part
hereof by this reference as if fully set forth herein.
C. Sponsor shall expend no more than five percent (5%) of Grant Funds received hereunder on
administrative costs, per California Health and Safety Code Section 44233.
D. Sponsor shall return to VTA all funds that are not expended in accordance with applicable
provisions of law.
E. In addition, Sponsor shall return the TFCA funds to VTA if a project is not maintained and/or
operated throughout and until the conclusion of the “Number of Years of Effectiveness.” This
is the default value stated in Appendix H of BAAQMD’s “County Program Manager Fund
Expenditure Plan Guidance Fiscal Year Ending 2016” for the applicable project type, unless a
different value was approved and shown to yield a Project that meets the cost-effectiveness
requirement in the Policies by the Program Manager. The amount of funds returned to the
Program Manager shall be calculated on a prorated basis.
Section 3. Term
The term of this Agreement shall commence July 1, 2015 and shall continue until either the
Project is completed or terminated in accordance with Section 15C, or until June 30, 2017,
(“Projected Termination Date”) whichever is earlier.
Any requests for additional time to complete Project beyond the Projected Termination Date
must be submitted in writing to VTA no later than sixty (60) days prior to the Projected
Termination Date. VTA may approve or deny such requests in its sole discretion.
Documentation by VTA approving any extensions for the Project shall be sufficient approval to
extend the term of this Agreement.
Section 4. Work Product
Sponsor shall place in the public domain any software, written document, or other product
developed with funds received through this Agreement, to the extent not otherwise prohibited by
law, and to the extent required by the California Public Records Act (California Government
Code Sections 6250 et seq.).
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Cupertino 1516 funding Agreement 3 of 7 9/8/2015
Section 5. Acknowledgement of Funding Sources
A. Sponsor shall acknowledge VTA and the BAAQMD as Project’s funding sources during the
implementation of a project and shall use the VTA and the BAAQMD approved logos as
specified below:
(1) The logos shall be used on signs posted at the site of any Project construction;
(2) The logos shall be displayed on any vehicles operated with or obtained as part of the
Project;
(3) The logos shall be used on any material intended for public consumption associated with
the Project, such as websites and printed materials, including project-related transit
schedules, brochures, handbooks, maps created for public distribution, and promotional
material; and
(4) Sponsor will demonstrate to VTA, through evidence such as photographs of vehicles,
construction signs, and copies of press releases, that the logos are used and displayed as
required by this Section.
B. VTA shall provide a copy of BAAQMD and VTA logos to Sponsor solely for use in fulfilling
Sponsor’s obligations under this Section.
C. Sponsor shall acknowledge VTA and BAAQMD as a funding source in any related articles,
news releases, or other publicity materials for the Project that are produced or caused to be
produced by Sponsor.
Section 6. Insurance Coverage
Sponsor shall obtain and maintain, throughout the term of this Agreement, the insurance
coverage specified in Attachment B “Insurance Requirements,” and shall comply with all
insurance requirements set forth therein, including the provision regarding documentation of said
insurance coverage. Failure to obtain and maintain the insurance coverage and to comply with all
insurance requirements shall be deemed a breach of this Agreement. The Sponsor shall forward a
copy of the required insurance documentation to VTA. The parties acknowledge that Sponsor is
self-insured for the amounts outlined in Attachment B and further acknowledge that BAAQMD
has informed the Parties that such self-insurance satisfies the requirements of this Section.
Section 7. Invoicing
Sponsor shall submit invoices at quarterly intervals to VTA for reimbursement of costs incurred
to implement the Project. Sponsor shall send requests for reimbursement to VTA Accounts
Payable at 3331 North 1st Street, Building A, San José, CA 95134-1927. Sponsor shall include
relevant, auditable back-up documentation (time sheets, bills, etc.) with each invoice.
Section 8. Reimbursement
A. All funds allocated by VTA to Sponsor shall be on a cost-reimbursement basis only. VTA
shall pay no funds in advance.
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Cupertino 1516 funding Agreement 4 of 7 9/8/2015
B. Upon review and approval of invoices and documentation, VTA shall, within twenty (20)
days of receipt of an invoice that conforms to the requirements set forth in this Agreement,
reimburse Sponsor for all eligible expenditures up to the maximum amount described in
Section 1 of this Agreement. Only those Project costs incurred by Sponsor on or after July 1,
2015 shall be considered reimbursable expenditures.
C. Funds for the Project described in this Agreement, which are not submitted for
reimbursement prior to June 30, 2017, shall not be available to reimburse Project costs unless
a Project schedule, which extends the Project completion date beyond June 30, 2017, has
been approved by VTA and BAAQMD, as set forth in Section 3, above.
Section 9. Funds Subject to Appropriation/Allocation of Funds Contingent on
Appropriation
VTA’s obligations under the terms of this Agreement are contingent upon and subject to the
allocation of TFCA funds to VTA by BAAQMD under VTA’s “16-SC” agreement with
BAAQMD for approved projects during Fiscal Year 2015/16.
Section 10. Audit by State Auditor
This Agreement shall be subject to the examination and audit of the California State Auditor
pursuant to California Government Code Section 8546.7 for a period of five (5) years after final
payment.
Section 11. Sponsor’s Record Keeping
Sponsor shall:
A. Allow VTA staff, BAAQMD staff, both Parties’ authorized representatives, and both Parties’
independent auditors, during the term of this Agreement and for five (5) years following
completion of each Project, to conduct performance and financial audits of the Project and to
inspect the Project. During audits, the Sponsor shall make available to the auditor, in a timely
manner, all records relating to Sponsor’s implementation of the Project. During inspections,
Sponsor will provide, at the request of VTA or BAAQMD, access to inspect the Project and
related records.
B. Maintain employee time sheets documenting those hourly labor costs incurred in the
implementation of the Project, including both administrative and Project implementation
costs, or to establish an alternative method to document staff costs charged to the funded
Project.
C. Keep all financial and Project implementation records necessary to demonstrate compliance
with this Agreement and the Program. Such records shall include documentation that
demonstrates significant progress made for those Program Projects seeking extensions to the
completion date. Sponsor shall keep such documents in a central location for a period of five
(5) years following completion of the Project.
D. Submit a mid-year progress report to VTA one (1) month after the end of the second quarter
of each fiscal year (“fiscal year” means the period starting July 1 and ending June 30.) The
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Cupertino 1516 funding Agreement 5 of 7 9/8/2015
report shall itemize: (a) the expenditure of the funds; and (b) progress to-date in the
implementation of each funded project.
E. Submit a year-end report within one (1) month of the end of each fiscal year until each
project is completed and all monitoring requirements have been fulfilled. The report shall
itemize: (a) the expenditure of the funds; (b) progress to-date in the implementation of each
funded project; and (c) the results of the monitoring of the performance of the Project as
specified in Attachment A.
Section 12. Indemnity
Neither VTA nor BAAQMD nor any officer or employee thereof shall be responsible for any
damage or liability occurring by reason of anything done or omitted to be done by Sponsor under
or in connection with Sponsor’s performance of the Project. It is understood and agreed that
Sponsor shall fully defend, indemnify, and save harmless VTA and BAAQMD from all liability,
loss, expense (including reasonable attorneys’ fees), claims for injury or damages, or suits or
actions of every name, kind, and description brought on, for, or on account of injury to persons,
damages to real or personal property, or other monetary damages to the extent caused by anything
done or omitted to be done by Sponsor under or in connection with the performance of the
Project with funds allocated by this Agreement.
Section 13. Review
A. VTA shall review Sponsor’s progress in implementing the Project at the end of the sixth (6th)
quarter following execution of this Agreement. If progress at the sixth (6th) quarter review is
insufficient to implement the Project or to expend the funds within the period described in
Section 3, VTA shall develop an action plan with the Sponsor to ensure that these funds are
not required to be repaid to the County Funds, and the action plan may include
reprogramming funds to other projects within Santa Clara County to ensure their expenditure
prior to the fund expiration date described in Section 3.
B. VTA shall provide Sponsor with all BAAQMD-approved Program Manager reporting forms
required pursuant to this Agreement.
Section 14. Non-Performance
A. If Sponsor causes all or part of these Grant Funds to be subject to repayment to the County
Fund as a result of failure to complete a project according to the work scope described in
Attachment A, Sponsor’s next grant allocation of any kind shall be reduced by the amount
lost.
B. Sponsor shall be ineligible for future funding under this program if Sponsor has five (5) or
more projects greater than two (2) years old on BAAQMD’s annual “Less than 100%
complete” list.
Section 15. General Terms and Conditions
A. Notices. Any notice required to be given by either Party, or which either Party may wish to
give, shall be in writing and served either by personal delivery or sent by certified or
registered mail, postage prepaid, addressed as follows:
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Cupertino 1516 funding Agreement 6 of 7 9/8/2015
To VTA: Santa Clara Valley Transportation Authority
Manager, Programming & Grants
3331 North 1st Street
San José, CA 95134-1906
To SPONSOR: City of Cupertino
City Manager
10300 Torre Avenue
Cupertino, CA 95014-3202
B. Program Liaison. Within thirty (30) days from the Effective Date of this Agreement,
Sponsor shall notify VTA of Sponsor’s “Program Liaison” and of the Program Liaison’s
address, telephone number, and email address. The Program Liaison shall be the liaison to
VTA pertaining to implementation of this Agreement and shall be the contact for information
about the Project. Sponsor shall notify VTA of the change of Program Liaison or of the
Program Liaison’s contact information in writing no later than thirty (30) days from the date
of any change.
C. Termination.
i. Voluntary. Either Party may terminate this Agreement by giving written notice to
the other Party. The notice of termination shall specify the effective date of
termination, which shall be no less than thirty (30) calendar days from the date of
receipt of such notice.
Unless the Parties have agreed to an alternative formula, the VTA will calculate the
amount of funds to which the Sponsor is eligible or which the Sponsor is required to
return to VTA. If the VTA has paid the Sponsor more than the amount of such
eligible funds, the Sponsor shall pay the funds owed to the VTA within thirty (30)
days o f the effective date of termination.
If the VTA terminates this Agreement pursuant to this provision, the Sponsor shall
cease all work under this Agreement and cease further expenditures of TFCA funds
received under this Agreement immediately upon receipt of the notice of termination,
excepting any work permitted to continue that is specified in the notice of
termination. The VTA will reimburse Sponsor for eligible costs on the Project
expended up to the effective date of the termination.
ii. After Breach. The VTA may terminate this Agreement for breach. The VTA will
deliver a written notice of breach that specifies the date of termination, which will be
no less than ten (10) business days from delivery of such notice, and will provide the
Sponsor the opportunity to contest such breach within that period of time. The notice
of termination will specify the amount of the Total TFCA Funds awarded that the
VTA has paid. The Sponsor shall reimburse any funds owed to the VTA within thirty
(30) days of the effective date of termination.
D. Survival. Any provision that, by its nature, extends beyond the term or termination of this
Agreement shall survive the expiration or termination of this Agreement.
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Cupertino 1516 funding Agreement 7 of 7 9/8/2015
E. Non-Waiver. The failure of either party to insist upon the strict performance of any of the
terms, covenants, and conditions of this Agreement shall not be deemed a waiver of any right
or remedy that either party may have, and shall not be deemed a waiver of their right to
require strict performance of all of the terms, covenants, and conditions thereafter.
F. Assignment: Sponsor shall not assign, sell, license, or otherwise transfer any rights or
obligations under this Agreement without the prior written consent of VTA.
G. Integration. This Agreement, including all attachments and references, constitutes the entire
Agreement between the Parties pertaining to the subject matter contained herein and
supersedes all prior or contemporaneous agreements, representations, and understandings of
the Parties relative thereto.
H. Amendments. Future amendments and modifications to this Agreement shall be made in
writing and signed by both parties.
I. Attachments. Each attachment hereto is incorporated into this Agreement as if fully set
forth herein.
J. Severability. If any term, covenant, condition, or provision of this Agreement, or the
application thereof to any person or circumstance, shall to any extent be held by a court of
competent jurisdiction to be invalid, void, or unenforceable, the remainder of the terms,
covenants, conditions, and provisions of this Agreement, or the application thereof to any
person or circumstance, shall remain in full force and effect and shall in no way be affected,
impaired or invalidated thereby.
K. Warranty of Authority to Execute Agreement. Each Party to this Agreement represents
and warrants that each person whose signature appears hereon has been duly authorized and
has the full authority to execute this Agreement on behalf of the entity that is a Party to this
Agreement.
Signatures of Parties on following page.
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Cupertino 1516 funding Agreement 8 of 7 9/8/2015
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date shown
below.
City of Cupertino Santa Clara Valley Transportation Authority
(Sponsor) (VTA)
Dated: ____________________________ Dated: _____________________________
__________________________________ ___________________________________
David Brandt, City Manager Nuria I. Fernandez, General Manager
(Sponsor)
Dated: ____________________________
__________________________________
Second signatory if requested
Approved As To Form: Approved As To Form:
_________________________________ _________________________________
Carol Korade Caroline Kim
City Attorney Assistant Counsel
82
ATTACHMENT A
Cupertino 1516 funding Agreement 9/8/2015
PROJECT INFORMATION
A. Project Number: 16SC07
B. Project Title: DeAnza Blvd Traffic Signal Synchronization
C. TFCA Program Manager Funds Allocated: $55,000
D. TFCA Regional Funds Awarded (if applicable):$0
E. Total TFCA Funds Allocated (sum of C and D): $55,000
F. Total Project Cost: $55,000
G. Project Description:
Grantee will use TFCA funds to conduct traffic data gathering, design and implementation for
fifteen (15) signals along De Anza Boulevard from Homestead Road to Prospect Road. The
goal of the project is to conduct signal timing analysis and develop and implement signal
coordination during the AM, Midday, and PM peak periods for the 15 signals.
H. Final Report Content: Final Report Form for arterial management projects and final Cost
Effectiveness Worksheet.
I. Attach a completed Cost-effectiveness Worksheet and any other information used to evaluate
the proposed project.
83
Attachment B FY 2015/16
INSURANCE REQUIREMENTS
VERIFICATION OF COVERAGE
Sponsor shall obtain and maintain certificates and/or other evidence of the insurance coverage
required below. VTA and the BAAQMD reserve the right to require Sponsor to provide complete,
certified copies of any insurance offered in compliance with these specifications. Certificates,
policies and other evidence provided shall specify that the VTA and the BAAQMD shall receive 30
days advanced notice of cancellation from the insurers.
MINIMUM SCOPE OF INSURANCE
Throughout the Term as defined in Section 3 of this Agreement, the Sponsor shall obtain and
maintain in full force and effect the Liability Insurance as set forth below:
1. Liability Insurance with a limit of not less than $1,000,000 per occurrence. Such insurance
shall be of the type usual and customary to the business of the Sponsor and any Sub-awardee,
and to the operation of the vehicles, vessels, engines or equipment operated by the Sponsor
or any Sub-awardee.
2. Property Insurance in an amount of not less than the insurable value of Sponsor’s vehicles,
vessels, engines or equipment funded under the Agreement, and covering all risks of loss,
damage or destruction of such vehicles, vessels, engines or equipment.
ACCEPTABILITY OF INSURERS
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A: VII. The
BAAQMD may, at its sole discretion, waive or alter this requirement or accept self-insurance in lieu
of any required policy of insurance.
84
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:115-1081 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:9/8/2015 City Council
On agenda:Final action:9/15/2015
Title:Subject: Authorization of an amendment to the FY 2015-16 budget for additional staffing and related
costs in the Community Development Department.
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report
A - Comparison Chart of Planners by City - 2015
Action ByDate Action ResultVer.
City Council9/15/20151
Subject:AuthorizationofanamendmenttotheFY2015-16budgetforadditionalstaffingand
related costs in the Community Development Department.
Amend the FY 2015-16 budget in the amount of $145,000 to add a new Senior Planner position
and fund costs related to equipment and space re-organization, and
Convert a Limited Term Planner position to a permanent position in the Community
Development Department.
CITY OF CUPERTINO Printed on 9/9/2015Page 1 of 1
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1
COMMUNITY DEVELOPMENT DEPARTMENT
CITY HALL
10 10300 TORRE AVENUE • CUPERTINO, CA 95014
TELEPHONE: (408) 777-3308 www.cupertino.org
CITY COUNCIL STAFF REPORT
September 15, 2015
Subject
Authorization of an amendment to the FY 2015-16 budget for additional staffing and related
costs in the Community Development Department.
Recommended Action
Amend the FY 2015-2016 budget in the amount of $145,000 to add a new Senior Planner
position and fund costs related to equipment and space re-organization, and
Convert a Limited Term Planner position to a permanent position in the Community
Development Department.
Description
On September 1, 2015, the City Council adopted a policy to require an authorization for
requests for amendment to the City’s General Plan to allow for an orderly process for
considering General Plan amendment requests and to provide early notification of such
requests to the public. The process would allow consideration of General Plan amendment
requests four times a year (including a twice-yearly process for initial applications and a
meeting to consider an appeal of the Council decision for each of the two annual meetings). At
that time, staff had noted that there may be additional staffing required to conduct the
authorization process as well as the General Plan Amendment projects that would be
authorized for processing.
The Community Development Department is currently handling a full load of planning and
building projects, some of which are related to the adopted 2014-2022 Housing Element. In
addition, staff time required to work on the projects is increasing due to the attention needed
to ensure that the City continues to be responsive to public requests for information and
interest in the projects. The process for authorization for General Plan Amendments and the
resulting lineup of projects will further increase demand on staffing in the Planning Division.
Additionally, the booming economy has created a tight labor market and made it more
difficult to retain and attract planning staff with limited term positions. The additional Senior
Planner position and the conversion of the Limited Term Planner position to a permanent
position will help to meet the demand due to increased development activity and allow
retention of staff.
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Currently, the Planning Division of the Community Development Department has five full-
time planners and one limited-term planner, which is filled at the Assistant Planner level. This
does not include the Assistant Director of Community Development, which is a full-time
supervisory position. The proposed additional Senior Planner position will bring the total
staffing to seven full-time positions (not including the Assistant Director position), which is
slightly lower than staffing levels for comparable cities (see Attachment 1). The cost of
equipment and reorganizing cubicle spaces to make room for the additional planner is
estimated at $50,000.
Sustainability Impact
Per the Guidelines for the California Environmental Quality Act (CEQA), Section 15378 (b)(2),
continuing administrative or maintenance activities, such as personnel-related actions do not
constitute a project and do not require environmental review under CEQA
Fiscal Impact
The addition of a Senior Planner ($95,000 including salary and benefits from November 1, 2015
– June 30, 2016 or 8 months) and related equipment and space modification costs of $50,000
will result in an increased appropriation of $145,000 in the General Fund for FY 2015-16.
While the conversion of the Limited Term Planner position will not require an amendment to
the FY 2015-16 budget, it will create an additional ongoing cost (approximately $112,714 at
Assistant Planner level for FY 2015-2016). Currently, the position is set to expire on June 30,
2018. It is anticipated that increased fees driven by existing and anticipated development will
fully fund these positions and there will be no impact to the General Fund.
Prepared by: Aarti Shrivastava, Assistant City Manager
Approved for Submission by: David Brandt, City Manager
Attachments:
A. Comparison Chart of Planners by City - 2015
87
COMPARISON CHART OF PLANNERS BY CITYi - 2015
City Plannersii Populationiii Population per
Planner
City of Mt. View
ZA/PP (2)
DZA (1)
Senior (4)
Asst./Assoc. (4)
Interim (3)
Total = 14
79,378 5,670
City of Palo Alto
Senior (7)
Planner (4)
Associate (1)
Techs (2)
Total = 14
66,955 4,782
City of Cupertino
Senior (2)
Associate (2)
Assistant (1)
Interim (1)
Total = 6 current
Senior (3)
Associate (2)
Assistant (2)
Total = 7 proposed
60,668
10,111 (current)
8,667 (proposed)
City of Campbell
Senior (1)
Associate (2)
Interim Planner (1)
Total =4
41,119 10,279
Town of Los Gatos
Senior (2)
Associate (2.0)
Assistant (2)
Tech (2)
Total= 7.5
30,735 3,841
i Cities include neighboring cities of comparable size
ii Based on FY2015-16 budget documents. Does not include Directors/Asst. Director/Planning Manager
and full-time supervisory positions.
iii Population based on US Census Bureau 2014 estimate (most recent).
88
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:115-1083 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:9/8/2015 City Council
On agenda:Final action:9/15/2015
Title:Subject: Adopt a resolution taking a position of support on Community Choice Aggregation for
purposes of legislative advocacy
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report
A - Draft Resolution
Action ByDate Action ResultVer.
City Council9/15/20151
Subject:AdoptaresolutiontakingapositionofsupportonCommunityChoiceAggregation
for purposes of legislative advocacy
Adopt Resolution No. 15-083 Supporting Community Choice Aggregation
CITY OF CUPERTINO Printed on 9/9/2015Page 1 of 1
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ADMINISTRATIVE SERVICES DEPARTMENT
CITY HALL
10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3227 www.cupertino.org
CITY COUNCIL STAFF REPORT
Meeting: September 15, 2015
Subject
Adopt a resolution taking a position of support on Community Choice Aggregation for purposes
of legislative advocacy.
Recommended Action
Adopt resolution Supporting Community Choice Aggregation.
Description
In January 2015, City Council approved Cupertino’s Climate Action Plan, including direction to
pursue a Community Choice Aggregation (CCA) program. Enabled by AB 117 in 2002, CCA
allows city and county governments to jointly pool the electricity demand of their communities
together to buy electricity on behalf of residents, businesses, and other public agencies located
within its jurisdiction. The utility currently serving that community—PG&E in Santa Clara
County—continues to deliver electricity over existing lines, as well as provide billing and
customer service.
Shifting to greener energy sources through CCA programs is the single most impactful action
Cupertino can take to meet or exceed our CAP goals. Community Choice Energy (CCE) will be
a game changer for our community and our shared environment. If our CCE program mirrors
that of Marin, offering a 75% renewable energy option with 75% communitywide participation,
we could achieve ~200% of our local emissions reduction goals, absent implementation of any
new city-level programs or policies.
Discussion
With Council approval, Cupertino became a sponsoring member of the Silicon Valley
Community Choice Energy Partnership (SVCCEP), an interagency collaboration with
Sunnyvale, Mountain View, and Santa Clara County to potentially form a CCA program for 12
communities in Santa Clara County. An initial study, presented to Council in May, highlighted
the potential benefits of the program: lowering greenhouse gas emissions to meet CAP goals,
providing competitive electricity rate options, and stimulating the local economy. As next steps
the SVCCEP has formalized a partnership agreement, commissioned a more comprehensive
technical study, and will begin community engagement efforts in October.
90
Given Council’s support for these efforts, staff requests Council take a position of support on
CCA and delegate authority to the City Manager to participate in legislative advocacy activities
on behalf of the City in support of CCA. While many communities like Cupertino support
greenhouse gas reduction goals and are exploring CCA programs throughout the state, lobbying
efforts by some private utilities threaten the viability of such programs. For example, recently
San Diego Gas & Electric (SDG&E) proposed amendments to SB 350 (De León) that would
limit local decision-making and increase costs for CCA program customers. Similarly, an
advocacy effort against AB 1110 (Ting) was launched shortly before the end of the legislative
session as it contained terms that undermine CCA programs. While Council has expressed
support for CCA, without explicit authority the City Manager often does not have sufficient time
to go through the approval process to send advocacy letters on the City’s behalf before of the end
of a legislative session.
As Cupertino receives action alerts on CCA issues that directly impact the SVCCEP, taking a
policy position on CCA and authorizing the City Manager and or other City officials to send
letters, make phone calls, or participate in other advocacy activities will allow the City to contact
decision makers in a timely manner and make our position known. This type of advocacy is
permitted under California Code Section 50023. It is not uncommon for jurisdictions to take a
policy position then allow staff to work with appropriate City Officials to send advocacy letters
that fall within the policy position in the best interest of the City. The City of Sunnyvale takes
this approach. Cupertino has also taken this approach on issues such as Tax Equity Allocation.
Given the numerous legislative challenges to CCA, it will be critical that our decision makers
hear from CCA proponents like Cupertino to ensure CCA programs are allowed to thrive.
Fiscal Impact
N/A
____________________________________
Prepared by: Jaqui Guzmán, Assistant to the City Manager
Reviewed by:
Approved for Submission by: David Brandt, City Manager
Attachments: Draft Resolution
91
RESOLUTION NO. 15-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
SUPPORTING COMMUNITY CHOICE AGGREGATION
WHEREAS, Community Choice Aggregation (CCA) programs allow local governments to take control
of electrical generation revenues and determine the source of their power supply, with the idea of
procuring a cleaner mix of power than is otherwise available; and
WHEREAS, CCA programs can reduce greenhouse gas (GHG) emissions associated with electricity
consumption by offering a resource mix to customers that is both higher in renewable power content and
lower in carbon intensity than what the investor-owned utilities offer; and
WHEREAS, Cupertino’s Climate Action Plan states that participation in a CCA program would be the
most impactful action the City could take to lower greenhouse gasses and reduce its carbon footprint; and
WHEREAS, By focusing on demand reduction and the deployment of locally-owned renewable resources
within the construct of a long-term, balanced supply portfolio, CCA programs potentially offer the
advantage of greater rate stability; and
WHEREAS, CCA programs foster competition, with all its affiliated benefits, by offering an alternative
to consumers that encourages beneficial cost efficiencies and policy changes by utilities that have not
otherwise faced a competitive market; and
WHEREAS, CCA program revenues can be reinvested into the community through targeted investments
in clean technology, energy efficiency, energy related jobs training, or renewable energy development in
the local economy benefiting consumers, municipal operations and local businesses that may wish to offer
contract services to the Community Choice Energy agency; and
WHEREAS, investor-owned utilities continue their efforts to undermine CCA programs through state
legislation and regulations; and
WHEREAS, legislation that supports CCA programs is beneficial to the City and legislation which
undermine CCA programs is detrimental to the City and its goals;
NOW THEREFORE BE IT RESOLVED that the City of Cupertino by adopting this resolution, does
hereby state that:
1. The City will take a legislative position in support of Community Choice Aggregation programs
and related efforts to boost local control, choice, and competition in renewable energy
procurement by local governments deemed beneficial to the City of Cupertino; and
2. The City will take legislative positions against legislation and regulations that hinder the ability of
CCA programs to thrive and deemed detrimental to the City of Cupertino; and
3. The City hereby delegates to the City Manager the ability to present information to the
Legislature and other decision making bodies, on behalf of the City Council, which will further
the City’s legislative positions as outlined above.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this
15th day of September 2015, by the following vote:
92
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
Rod Sinks, Mayor, City of Cupertino
Grace Schmidt, City Clerk
93
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:115-1067 Name:
Status:Type:Second Reading of
Ordinances
Agenda Ready
File created:In control:9/3/2015 City Council
On agenda:Final action:9/15/2015
Title:Subject: Ordinance amending Cupertino Municipal Code Title 16 to add Chapter 28 to provide an
expedited streamlined permitting process for small residential rooftop systems as mandated by the
State of California, and City Manager authorization to adopt an electronic signature policy
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report
A - Ordinance Redlined Version
B - Ordinance
Action ByDate Action ResultVer.
City Council9/15/20151
Subject:OrdinanceamendingCupertinoMunicipalCodeTitle16toaddChapter28toprovide
anexpeditedstreamlinedpermittingprocessforsmallresidentialrooftopsystemsasmandated
bytheStateofCalifornia,andCityManagerauthorizationtoadoptanelectronicsignature
policy
1.ConductthesecondreadingandenactOrdinanceNo.15-2133:"AnOrdinanceoftheCity
CounciloftheCityofCupertinoamendingCupertinoMunicipalCodeTitle16toaddChapter
28toprovideanexpeditedstreamlinedpermittingprocessforsmallresidentialrooftop
systems"
CITY OF CUPERTINO Printed on 9/9/2015Page 1 of 1
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COMMUNITY DEVELOPMENT DEPARTMENT
CITY HALL
10 300 TORRE AVENUE • CUPERTINO, CA 95014
TELEPHONE: (408) 777-3308 www.cupertino.org
CITY COUNCIL STAFF REPORT
September 15, 2015
Subject
An Ordinance of the City Council of the City of Cupertino amending Cupertino Municipal
Code Title 16 to add Chapter 28 to provide an expedited streamlined permitting process for
solar rooftop systems as mandated by the State of California.
Recommended Action
Adopt Ordinance 15-2133 amending Title 16 of the Cupertino Municipal Code to add Chapter
28 to provide an expedited streamlined permitting process for certain solar rooftop systems,
and Conduct the second reading of Ordinance 15-2133 “An Ordinance of the City Council of
the City of Cupertino amending Cupertino Municipal Code Title 16 to add Chapter 28 to
provide an expedited streamlined permitting process for small rooftop systems”.
Description
On September 1, 2015, the City Council conducted the first reading of proposed Ordinance 15-
2155 to adopt an ordinance establishing an expedited, streamlined process for permitting small
residential rooftop solar energy systems. The proposed Ordinance addressed small
residential rooftop systems as required by AB2188.
During the September 1, 2015 meeting, Council directed staff to bring back changes to expand
the streamlined process to consider triplex, four-plex and small commercial buildings (under
10,000 square feet) to the ordinance.
The redline version of Ordinance 15-2133 identifies the changes between what was before
Council on September 1 and what is proposed for adoption. New definitions of “small multi-
family or commercial energy rooftop system” and “small rooftop energy system” where
added. The size of the system remains unchanged, but the definition has been clarified. In
order to be eligible for the streamlined process, the system must either be a simple system no
larger than 10 kilowatts or a solar thermal system no larger than 30 kilowatts, regardless of the
use of the building.
For the triplex, four-plex and small commercial buildings, the proposed Ordinance allows for
up to two inspections, rather than one for a single family or duplex, to ensure safe installation
of the system.
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Sustainability Impact
Even with proposed changes, the Ordinance remains exempt, under the provision of the
California Environmental Quality Act of 1970, as amended, 14 California Code of Regulations
Section 15061(b)(3).
Fiscal Impact
No fiscal impact.
_____________________________________
Prepared by: Albert Salvador, Building Official
Reviewed by: Aarti Shrivastava, Assistant City Manager
Approved for Submission by: David Brandt, City Manager
Attachments:
A. Draft Ordinance-Redlined Version
B. Draft Ordinance
96
ORDINANCE NO. 15-2133
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING CUPERTINO MUNICIPAL CODE TITLE 16 TO ADD CHAPTER 28
TO PROVIDE AN EXPEDITED STREAMLINED PERMITTING PROCESS FOR
SMALL RESIDENTIAL ROOFTOP SYSTEMS
WHEREAS, the City Council of the City of Cupertino is committed to encourage the
use of solar energy through its Climate Action Plan and green building initiatives; and
WHEREAS, the Ordinance is determined to be exempt under provisions and
requirements of the California Environmental Quality Act of 1970, together with related
State CEQA Guidelines (collectively, "CEQA"), in that the amendments involve
procedural administrative changes that will not have a direct or reasonably foreseeable
indirect change to the physical environment; and
WHEREAS, the City Council of the City of Cupertino is the decision-making body for
this Ordinance; and
WHEREAS, the City Council has reviewed and considered the exemption
determination under CEQA prior to taking any approval actions on this Ordinance and
agrees with such exemption; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Title 16 of the Cupertino Municipal Code is hereby amended by adding a
Chapter 16.28 to be numbered and entitled and to read as follows:
CHAPTER 16.28 EXPEDITED PERMIT PROCESS FOR SMALL RESIDENTIAL
ROOFTOP SOLAR SYSTEMS
16.28.010 Purpose and Intent.
The purpose of this Ordinance is to adopt an expedited, streamlined solar permitting
process that complies with the Solar Rights Act and AB 2188 (Chapter 521, Statutes
2014) to achieve timely and cost-effective installations of small residential rooftop solar
Council Agenda: September 15, 2015
Draft: September 6, 2015
Attachment A
97
energy systems. The Ordinance expands AB2188 to provide for timely and cost-
effective installations of solar panels on small multi-family and commercial buildings. .
The Ordinance encourages the use of solar systems by removing unreasonable barriers,
minimizing costs to property owners and the City, and expanding the ability of
property owners to install solar energy systems. The Ordinance allows the City to
achieve these goals while protecting the public health and safety.
16.28.020 Definitions
For the purposes of this Chapter, the following words and phrases shall have the
meanings as defined in this section.
a. A “Solar Energy System” means either of the following:
i. Any solar collector or other solar energy device whose primary
purpose is to provide for the collection, storage, and distribution of
solar energy for space heating, space cooling, electric generation, or
water heating.
ii. Any structural design feature of a building, whose primary purpose is
to provide for the collection, storage, and distribution of solar energy
for electricity generation, space heating or cooling, or for water
heating.
b. A “small residential rooftop solar energy system” means all of the following:
i. A solar energy system that is a simple photovoltaic system no larger
than 10 kilowatts alternating current nameplate rating or a solar
thermal system no larger than 30 kilowatts thermal.
ii. A solar energy system that conforms to all applicable state fire,
structural, electrical, and other building codes as adopted or amended
by the City and all state and local health and safety standards.
iii. A solar energy system that is installed on a single or duplex family
dwelling.
iv. A solar panel or module array that does not exceed the maximum legal
building height as defined by the City.
c. A “small multi-family or commercial rooftop solar energy system” means all
of the following:
Council Agenda: September 15, 2015
Draft: September 6, 2015
98
i. A solar energy system that is a simple photovoltaic system no larger
than 10 kilowatts or 30 a solar thermal system no larger than kilowatts
thermal.
ii. A solar energy system that conforms to all applicable state fire,
structural, electrical, and other building codes as adopted or amended
by the City and all state and local health and safety standards.
iii. A solar energy system that is installed on a triplex, four-plex family
dwelling or on a commercial building no more than 10,000 square feet
in size.
iv. A solar panel or module array that does not exceed the maximum legal
building height as defined by the City.
d. A “small rooftop solar energy system” either a “small residential rooftop
solar energy system” or a “small multi-family or commercial rooftop solar
energy system”.
c.e. “Electronic submittal” means the utilization of one or more of the following:
i. Email;
ii. The Internet;
iii. Facsimile.
d.f. An “association” means a nonprofit corporation or unincorporated
association created for the purpose of managing a common interest
development.
e.g. A “common interest development” means any of the following:
i. A community apartment project.
ii. A condominium project.
iii. A planned development.
iv. A stock cooperative.
f.h. “Specific, adverse impact” means a significant, quantifiable, direct, and
unavoidable impact, based on objective, identified, and written public health
or safety standards, policies, or conditions as they existed on the date the
application was deemed complete.
Formatted: Indent: Left: 1.25", No bullets or
numbering
Formatted
Council Agenda: September 15, 2015
Draft: September 6, 2015
99
g.i. “Reasonable restrictions” on a solar energy system are those restrictions that
do not significantly increase the cost of the system or significantly decrease its
efficiency or specified performance, or that allow for an alternative system of
comparable cost, efficiency, and energy conservation benefits.
h.j. “Restrictions that do not significantly increase the cost of the system or
decrease its efficiency or specified performance” means:
i. For Water Heater Systems or Solar Swimming Pool Heating Systems:
an amount exceeding 10 percent of the cost of the system, but in no
case more than one thousand dollars ($1,000), or decreasing the
efficiency of the solar energy system by an amount exceeding 10
percent, as originally specified and proposed.
ii. For Photovoltaic Systems: an amount not to exceed one thousand
dollars ($1,000) over the system cost as originally specified and
proposed, or a decrease in system efficiency of an amount exceeding 10
percent as originally specified and proposed.
16.28.030 Applicability
a. This Ordinance applies to the permitting of all small residential rooftop solar
energy systems in the City.
b. Small residential rooftop solar energy systems legally established or
permitted prior to the effective date of this Ordinance are not subject to the
requirements of this Ordinance unless physical modifications or alterations
are undertaken that materially change the size, type, or components of a
small rooftop energy system in such a way as to require new permitting.
Routine operation and maintenance or like-kind replacements shall not
require a permit.
16.28.040 Solar Energy System Requirements
a. All solar energy systems shall meet applicable health and safety standards
and requirements imposed by the state, the City, and Santa Clara County Fire
Department.
b. Solar energy systems for heating water in single-family residences and for
heating water in commercial or swimming pool applications shall be certified
by an accredited listing agency as defined by the California Plumbing and
Mechanical Code.
Council Agenda: September 15, 2015
Draft: September 6, 2015
100
c. Solar energy systems for producing electricity shall meet all applicable safety
and performance standards established by the California Electrical Code, the
Institute of Electrical and Electronics Engineers, and accredited testing
laboratories such as Underwriters Laboratories and, where applicable, rules
of the Public Utilities Commission regarding safety and reliability.
16.28.050 Application and Documents
a. All documents required for the submission of an expedited solar energy
system application shall be made available on the City’s website.
b. Electronic submittal of the required permit application and documents shall
be made available to all small residential rooftop solar energy system permit
applicants.
c. An applicant’s electronic signature shall be accepted on all forms,
applications, and other documents in lieu of a wet signature.
d. The City’s Building Department shall adopt a standard plan and checklist of
all requirements with which small residential rooftop solar energy systems
shall comply to be eligible for expedited review.
e. The small residential rooftop solar system permit process, standard plan(s),
and checklist(s) shall substantially conform to recommendations for
expedited permitting, including the checklist and standard plans contained in
the most current version of the California Solar Permitting Guidebook adopted
by the Governor’s Office of Planning and Research.
e.f. The small multi-family or commercial rooftop solar energy system permit
process, standard plan(s), and checklist(s) shall be developed by the City’s
Building Department.
f.g. All fees prescribed for the permitting of small residential rooftop solar energy
system must comply with Government Code Section 65850.55, Government
Code Section 66015, Government Code Section 66016, and State Health and
Safety Code Section 17951.
16.28.060 Permit Review and Inspection Requirements.
a. The City shall adopt an administrative, nondiscretionary review process to
expedite approval of small residential rooftop solar energy systems. Upon
receipt of a complete application which meets the requirements of the
Council Agenda: September 15, 2015
Draft: September 6, 2015
101
approved checklist and standard plan, the City shall issue a building permit
or other nondiscretionary permit on the same day for over-the-counter
applications or within 3 business days for electronic applications. The
building official may require an applicant to apply for a use permit if the
official finds, based on substantial evidence, that the solar energy system
could have a specific, adverse impact upon the public health and safety.
b. Review of the application shall be limited to the building official’s review of
whether the application meets local, state, and federal health and safety
requirements.
c. If a use permit is required, a building official may deny an application for the
use permit if the official makes written findings based upon substantive
evidence in the record that:
1. The proposed installation would have a specific, adverse
impact upon public health or safety; and
2. There is no feasible method to satisfactorily mitigate or avoid, as
defined, the adverse impact. Such findings shall include the
basis for the rejection of the potential feasible alternative for
preventing the adverse impact.
d. Decisions to require a use permit or to deny a use permit may be appealed by
filing a request for appeal, in writing, with a description of the grounds for
appeal. The request for appeal must be made within ten (10) business days of
the serving or mailing of the building official’s determination. A hearing
shall be scheduled within thirty (30) days before the Board of Appeals as
defined in Cupertino Municipal Code Section 16.02.270. If the appeal is not
filed within the time specified above, the applicant shall be deemed to waive
the right to appeal.
e. Any condition imposed on an application shall be designed to mitigate the
specific, adverse impact upon health and safety at the lowest possible cost.
f. “A feasible method to satisfactorily mitigate or avoid the specific, adverse
impact” includes, but is not limited to, any cost-effective method, condition,
or mitigation imposed by the City on another similarly situated application in
a prior successful application for a permit. The City shall use its best efforts
to ensure that the selected method, condition, or mitigation meets the
conditions of subparagraphs (A) and (B) of paragraph (1) of subdivision (d) of
Section 714 of the Civil Code defining restrictions that do not significantly
increase the cost of the system or decrease its efficiency or specified
performance.
g. Approval of an application shall not be conditioned upon the approval of an
association, as defined in Section 4080 of the Civil Code.
Council Agenda: September 15, 2015
Draft: September 6, 2015
102
h. If an application is deemed incomplete, a written correction notice detailing
all deficiencies in the application and any additional information or
documentation required to be eligible for expedited permit issuance shall be
sent to the applicant for resubmission.
i. The City shall require only one inspection for small residential rooftop solar
energy systems eligible for expedited review. The City may require two
inspections for small multi-family or commercial rooftop solar energy
systems if deemed necessary. A separate fire inspection may be performed if
the City does not have an agreement with the local fire authority to perform
safety inspections on behalf of the fire authority.
j. The inspection(s) shall be done in a timely manner and should include
consolidated inspections. An inspection will be scheduled within two (2)
business days of a request and provide a two-hour inspection window on the
day of the inspection.
k. If a small residential rooftop solar energy system fails inspection a
subsequent inspection is authorized but need not conform to the
requirements of this Ordinance.
SECTION 2. The City Clerk shall certify the adoption of this Ordinance and shall
give notice of its adoption as required by law. Pursuant to Government Code Section
36933, a summary of this Ordinance may be published and posted in lieu of publication
and posting of the entire text.
* * * * * * * *
INTRODUCED at a regular meeting of the City Council of the City of Cupertino the ___
day of ____ and ENACTED at a regular meeting of the City Council of the City of
Cupertino the ____ of _______ 2016, by the following vote:
PASSED:
Vote: Members of the City Council
Ayes:
Noes:
Absent:
Abstain:
ATTEST: APPROVED:
Formatted: Font: 12 pt
Council Agenda: September 15, 2015
Draft: September 6, 2015
103
______________________ ______________________
Grace Schmidt, City Clerk Rod G. Sinks, Mayor
Council Agenda: September 15, 2015
Draft: September 6, 2015
104
Attachment B
Council Agenda: September 15, 2015
Draft: September 6, 2015
ORDINANCE NO. 15-2133
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING CUPERTINO MUNICIPAL CODE TITLE 16 TO ADD CHAPTER 28
TO PROVIDE AN EXPEDITED STREAMLINED PERMITTING PROCESS FOR
SMALL ROOFTOP SYSTEMS
WHEREAS, the City Council of the City of Cupertino is committed to encourage the
use of solar energy through its Climate Action Plan and green building initiatives; and
WHEREAS, the Ordinance is determined to be exempt under provisions and
requirements of the California Environmental Quality Act of 1970, together with related
State CEQA Guidelines (collectively, "CEQA"), in that the amendments involve
procedural administrative changes that will not have a direct or reasonably foreseeable
indirect change to the physical environment; and
WHEREAS, the City Council of the City of Cupertino is the decision-making body for
this Ordinance; and
WHEREAS, the City Council has reviewed and considered the exemption
determination under CEQA prior to taking any approval actions on this Ordinance and
agrees with such exemption; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Title 16 of the Cupertino Municipal Code is hereby amended by adding a
Chapter 16.28 to be numbered and entitled and to read as follows:
CHAPTER 16.28 EXPEDITED PERMIT PROCESS FOR SMALL ROOFTOP SOLAR
SYSTEMS
16.28.010 Purpose and Intent.
The purpose of this Ordinance is to adopt an expedited, streamlined solar permitting
process that complies with the Solar Rights Act and AB 2188 (Chapter 521, Statutes
2014) to achieve timely and cost-effective installations of small residential rooftop solar
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Council Agenda: September 15, 2015
Draft: September 6, 2015
energy systems. The Ordinance expands AB2188 to provide for timely and cost-
effective installations of solar panels on small multi-family and commercial buildings.
The Ordinance encourages the use of solar systems by removing unreasonable barriers,
minimizing costs to property owners and the City, and expanding the ability of
property owners to install solar energy systems. The Ordinance allows the City to
achieve these goals while protecting the public health and safety.
16.28.020 Definitions
For the purposes of this Chapter, the following words and phrases shall have the
meanings as defined in this section.
a. A “Solar Energy System” means either of the following:
i. Any solar collector or other solar energy device whose primary
purpose is to provide for the collection, storage, and distribution of
solar energy for space heating, space cooling, electric generation, or
water heating.
ii. Any structural design feature of a building, whose primary purpose is
to provide for the collection, storage, and distribution of solar energy
for electricity generation, space heating or cooling, or for water
heating.
b. A “small residential rooftop solar energy system” means all of the following:
i. A solar energy system that is a simple photovoltaic system no larger
than 10 kilowatts or a solar thermal system no larger than 30 kilowatts
thermal.
ii. A solar energy system that conforms to all applicable state fire,
structural, electrical, and other building codes as adopted or amended
by the City and all state and local health and safety standards.
iii. A solar energy system that is installed on a single or duplex family
dwelling.
iv. A solar panel or module array that does not exceed the maximum legal
building height as defined by the City.
c. A “small multi-family or commercial rooftop solar energy system” means all
of the following:
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Council Agenda: September 15, 2015
Draft: September 6, 2015
i. A solar energy system that is a simple photovoltaic system no larger
than 10 kilowatts or 30 a solar thermal system no larger than kilowatts
thermal.
ii. A solar energy system that conforms to all applicable state fire,
structural, electrical, and other building codes as adopted or amended
by the City and all state and local health and safety standards.
iii. A solar energy system that is installed on a triplex, four-plex family
dwelling or on a commercial building no more than 10,000 square feet
in size.
iv. A solar panel or module array that does not exceed the maximum legal
building height as defined by the City.
d. A “small rooftop solar energy system” either a “small residential rooftop
solar energy system” or a “small multi-family or commercial rooftop solar
energy system”.
e. “Electronic submittal” means the utilization of one or more of the following:
i. Email;
ii. The Internet;
iii. Facsimile.
f. An “association” means a nonprofit corporation or unincorporated
association created for the purpose of managing a common interest
development.
g. A “common interest development” means any of the following:
i. A community apartment project.
ii. A condominium project.
iii. A planned development.
iv. A stock cooperative.
h. “Specific, adverse impact” means a significant, quantifiable, direct, and
unavoidable impact, based on objective, identified, and written public health
or safety standards, policies, or conditions as they existed on the date the
application was deemed complete.
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Council Agenda: September 15, 2015
Draft: September 6, 2015
i. “Reasonable restrictions” on a solar energy system are those restrictions that
do not significantly increase the cost of the system or significantly decrease it s
efficiency or specified performance, or that allow for an alternative system of
comparable cost, efficiency, and energy conservation benefits.
j. “Restrictions that do not significantly increase the cost of the system or
decrease its efficiency or specified performance” means:
i. For Water Heater Systems or Solar Swimming Pool Heating Systems:
an amount exceeding 10 percent of the cost of the system, but in no
case more than one thousand dollars ($1,000), or decreasing the
efficiency of the solar energy system by an amount exceeding 10
percent, as originally specified and proposed.
ii. For Photovoltaic Systems: an amount not to exceed one thousand
dollars ($1,000) over the system cost as originally specified and
proposed, or a decrease in system efficiency of an amount exceeding 10
percent as originally specified and proposed.
16.28.030 Applicability
a. This Ordinance applies to the permitting of all small rooftop solar energy
systems in the City.
b. Small rooftop solar energy systems legally established or permitted prior to
the effective date of this Ordinance are not subject to the requirements of this
Ordinance unless physical modifications or alterations are undertaken that
materially change the size, type, or components of a small rooftop energy
system in such a way as to require new permitting. Routine operation and
maintenance or like-kind replacements shall not require a permit.
16.28.040 Solar Energy System Requirements
a. All solar energy systems shall meet applicable health and safety standards
and requirements imposed by the state, the City, and Santa Clara County Fire
Department.
b. Solar energy systems for heating water in single-family residences and for
heating water in commercial or swimming pool applications shall be certified
by an accredited listing agency as defined by the California Plumbing and
Mechanical Code.
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Council Agenda: September 15, 2015
Draft: September 6, 2015
c. Solar energy systems for producing electricity shall meet all applicable safety
and performance standards established by the California Electrical Code, the
Institute of Electrical and Electronics Engineers, and accredited testing
laboratories such as Underwriters Laboratories and, where applicable, rules
of the Public Utilities Commission regarding safety and reliability.
16.28.050 Application and Documents
a. All documents required for the submission of an expedited solar energy
system application shall be made available on the City’s website.
b. Electronic submittal of the required permit application and documents shall
be made available to all small rooftop solar energy system permit applicants.
c. An applicant’s electronic signature shall be accepted on all forms,
applications, and other documents in lieu of a wet signature.
d. The City’s Building Department shall adopt a standard plan and checklist of
all requirements with which small rooftop solar energy systems shall comply
to be eligible for expedited review.
e. The small residential rooftop solar system permit process, standard plan(s),
and checklist(s) shall substantially conform to recommendations for
expedited permitting, including the checklist and standard plans contained in
the most current version of the California Solar Permitting Guidebook adopted
by the Governor’s Office of Planning and Research.
f. The small multi-family or commercial rooftop solar energy system permit
process, standard plan(s), and checklist(s) shall be developed by the City’s
Building Department.
g. All fees prescribed for the permitting of small rooftop solar energy system
must comply with Government Code Section 65850.55, Government Code
Section 66015, Government Code Section 66016, and State Health and Safety
Code Section 17951.
16.28.060 Permit Review and Inspection Requirements.
a. The City shall adopt an administrative, nondiscretionary review process to
expedite approval of small rooftop solar energy systems. Upon receipt of a
complete application which meets the requirements of the approved checklist
and standard plan, the City shall issue a building permit or other
nondiscretionary permit on the same day for over-the-counter applications or
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Council Agenda: September 15, 2015
Draft: September 6, 2015
within 3 business days for electronic applications. The building official may
require an applicant to apply for a use permit if the official finds, based on
substantial evidence, that the solar energy system could have a specific,
adverse impact upon the public health and safety.
b. Review of the application shall be limited to the building official’s review of
whether the application meets local, state, and federal health and safety
requirements.
c. If a use permit is required, a building official may deny an application for the
use permit if the official makes written findings based upon substantive
evidence in the record that:
1. The proposed installation would have a specific, adverse
impact upon public health or safety; and
2. There is no feasible method to satisfactorily mitigate or avoid, as
defined, the adverse impact. Such findings shall include the
basis for the rejection of the potential feasible alternative for
preventing the adverse impact.
d. Decisions to require a use permit or to deny a use permit may be appealed by
filing a request for appeal, in writing, with a description of the grounds for
appeal. The request for appeal must be made within ten (10) business days of
the serving or mailing of the building official’s determination. A hearing
shall be scheduled within thirty (30) days before the Board of Appeals as
defined in Cupertino Municipal Code Section 16.02.270. If the appeal is not
filed within the time specified above, the applicant shall be deemed to waive
the right to appeal.
e. Any condition imposed on an application shall be designed to mitigate the
specific, adverse impact upon health and safety at the lowest possible cost.
f. “A feasible method to satisfactorily mitigate or avoid the specific, adverse
impact” includes, but is not limited to, any cost-effective method, condition,
or mitigation imposed by the City on another similarly situated application in
a prior successful application for a permit. The City shall use its best efforts
to ensure that the selected method, condition, or mitigation meets the
conditions of subparagraphs (A) and (B) of paragraph (1) of subdivision (d) of
Section 714 of the Civil Code defining restrictions that do not significantly
increase the cost of the system or decrease its efficiency or specified
performance.
g. Approval of an application shall not be conditioned upon the approval of an
association, as defined in Section 4080 of the Civil Code.
h. If an application is deemed incomplete, a written correction notice detailing
all deficiencies in the application and any additional information or
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Council Agenda: September 15, 2015
Draft: September 6, 2015
documentation required to be eligible for expedited permit issuance shall be
sent to the applicant for resubmission.
i. The City shall require only one inspection for small residential rooftop solar
energy systems eligible for expedited review. The City may require two
inspections for small multi-family or commercial rooftop solar energy
systems if deemed necessary. A separate fire inspection may be performed if
the City does not have an agreement with the local fire authority to perform
safety inspections on behalf of the fire authority.
j. The inspection(s) shall be done in a timely manner and should include
consolidated inspections. An inspection will be scheduled within two (2)
business days of a request and provide a two-hour inspection window on the
day of the inspection.
k. If a small rooftop solar energy system fails inspection a subsequent inspection
is authorized but need not conform to the requirements of this Ordinance.
SECTION 2. The City Clerk shall certify the adoption of this Ordinance and shall
give notice of its adoption as required by law. Pursuant to Government Code Section
36933, a summary of this Ordinance may be published and posted in lieu of publication
and posting of the entire text.
* * * * * * * *
INTRODUCED at a regular meeting of the City Council of the City of Cupertino the ___
day of ____ and ENACTED at a regular meeting of the City Council of the City of
Cupertino the ____ of _______ 2016, by the following vote:
PASSED:
Vote: Members of the City Council
Ayes:
Noes:
Absent:
Abstain:
ATTEST: APPROVED:
111
Attachment B
Council Agenda: September 15, 2015
Draft: September 6, 2015
______________________ ______________________
Grace Schmidt, City Clerk Rod G. Sinks, Mayor
112
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:115-0893 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:5/18/2015 City Council
On agenda:Final action:9/15/2015
Title:Subject: Permanent Program for Early Morning Collection of Solid Waste Containers on Select
Streets in the Tri-School Area
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report
A - Table of Containers Removed from Select Streets Prior to and During Implementation
B – Notification of Residents
C – Resident Comments
D – Draft Educational Door Hanger
Action ByDate Action ResultVer.
City Council9/15/20151
Subject:PermanentProgramforEarlyMorningCollectionofSolidWasteContainersonSelect
Streets in the Tri-School Area
Allowthesolidwastefranchisee(Recology)tobeginpermanentcollectionofsolidwaste
containers as early as 6:00 A.M. on select Tri-School area streets
CITY OF CUPERTINO Printed on 9/9/2015Page 1 of 1
powered by Legistar™113
1
PUBLIC WORKS DEPARTMENT
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3354 www.cupertino.org
CITY COUNCIL STAFF REPORT
Meeting: September 15, 2015
Subject
Permanent Program for Early Morning Collection of Solid Waste Containers on Select
Streets in the Tri-School Area.
Recommended Action
Allow the solid waste franchisee (Recology) to begin permanent collection of solid
waste containers as early as 6:00 A.M. on select Tri-School area streets.
Discussion
Beginning as early as the November 6, 2014 community meeting on pedestrian, bicycle
and traffic safety, staff had received public input that containers set out for garbage and
recycling often encroach into areas used by bikes. As a result, bicyclists were forced to
sometimes travel into the vehicular through lane. The suggested benefit of changing the
day or the time of garbage and recycling collection on select bicycle routes could
remove this potential barrier and improve safety.
At the Council meeting of March 3, 2015, Council authorized a pilot program for the
early collection of solid waste containers on select streets in the Tri-School area. As a
result of this action, City and Recology staff then conducted an outreach campaign by
mail and door-hanger distribution to those affected residents. The program was
implemented beginning the week of April 6th through the week of June 8, 2015. During
this time period, solid waste containers were collected as early as 6:00 A.M. with all
collection complete by 7:15 A.M. The early collections allowed residents to voluntarily
collect their containers off the street before the beginning of the morning school
commute. Prior to the program, containers were generally collected by Recology
between 10:00 A.M. and 1:00 P.M.
City staff and Recology evaluated the effectiveness of the pilot program by comparing
the number of containers on the streets during the morning school commute in the
weeks leading up to the program start and the number of containers in the weeks after
the early collection began. As detailed in Attachment A, City staff and Recology
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2
observed participation rates on many streets in the 25%-40% range. With participation
this high, the pilot program was effective in allowing many residents to voluntarily
remove solid waste containers off the street, thereby improving the cycling conditions
by removing potential obstacles.
To have this program become permanent, the City noise control ordinance requires a
special exemption for the increased noise that will occur prior to 7:00 A.M. A
requirement of the exemption is that each affected resident (approximately 500) receive
a mailed written notice (Attachment B). This notice was mailed the week of August 25th
and advised residents of the proposed permanent program and of the opportunity to
comment in person, by phone, email or at a public meeting. As of September 3, 2015,
five comments opposing the permanent program have been received (Attachment C).
By comparison, when comments were solicited for the April pilot program; six
comments in opposition were received. A common theme of all comments is the
inconvenience caused by the early noise. Prior to implementation, educational door
hangers (Attachment D) will be distributed to encourage residents living on the selected
streets to retrieve their containers soon after they have been emptied. Participation in
the program is voluntary as the municipal code allows containers to remain on the
street up to 12 hours after collection within a designated bike lane and up to 24 hours
after collection time if no designated bike lane exists. No changes to on-street vehicle
parking are being proposed in this permanent program.
Staff and Recology have evaluated other school locations as possible areas to expand
the early collection of containers. As time and observations progress in the Tri-School
area, additional school locations may be recommended.
_____________________________________
Prepared by: Roger Lee, Assistant Director of Public Works
Reviewed by: Timm Borden, Director of Public Works
Approved for Submission by: David Brandt, City Manager
Attachments:
A – Table of Containers Removed from Select Streets Prior to and During
Implementation
B – Notification of Residents
C – Resident Comments
D – Draft Educational Door Hanger
115
Attachment A
Recology Early Collection Pilot Program Survey Data
Pre-
Implementation
Post-
Implementation Location
% of Houses w/out Bins in
Street
% of Houses w/out Bins in
Street
Survey Date Survey Date Pre-Implementation Post-Implementation
3/23/2015 4/15/2015 Bubb (Rainbow to McClellan) 3 of 62 = 5% 31 of 62 = 50%
3/31/2015 4/29/2015 Bubb (Rainbow to McClellan) 2 of 62 = 3% 36 of 62 = 58%
*** 5/13/2015 Bubb (Rainbow to McClellan) *** 11 of 62 = 18%
*** 6/3/2015 Bubb (Rainbow to McClellan) *** 25 of 62 = 40%
3/25/2015 4/15/2015 Byrne (McClellan to Granada) 3 of 59 = 5% 23 of 59 = 39%
4/1/2015 4/29/2015 Byrne (McClellan to Granada) 3 of 59 = 5% 21 of 59 = 36%
*** 5/13/2015 Byrne (McClellan to Granada) *** 18 of 59 = 31%
*** 6/3/2015 Byrne (McClellan to Granada) *** 12 of 59 = 20%
3/23/2015 4/13/2015 Columbus (Bubb to Wilkinson) 1 of 32 = 3% 7 of 32 = 22%
3/30/2015 4/27/2015 Columbus (Bubb to Wilkinson) 3 of 32 = 9% 6 of 32 = 19%
*** 5/11/2015 Columbus (Bubb to Wilkinson) *** 5 of 32 = 16%
*** 6/1/2015 Columbus (Bubb to Wilkinson) *** 7 of 32 = 22%
3/24/2015 4/14/2015 Ft. Baker (Presidio to Hyannisport) 0 of 7 = 0% 3 of 7 = 43%
3/31/2015 5/12/2015 Ft. Baker (Presidio to Hyannisport) 0 of 7 = 0% 2 of 7 = 29%
*** 6/2/2015 Ft. Baker (Presidio to Hyannisport) *** 4 of 7 = 57%
3/25/2015 4/15/2015 Granada (Byrne to Orange) 0 of 13 = 0% 4 of 13 = 31%
4/1/2015 4/29/2015 Granada (Byrne to Orange) 1 of 13 = 8% 1 of 13 = 8%
*** 5/13/2015 Granada (Byrne to Orange) *** 3 of 13 = 23%
*** 6/3/2015 Granada (Byrne to Orange) *** 4 of 13 = 31%
3/24/2015 4/14/2015 Hyannisport (Bubb to Linda Vista) 2 of 46 = 4% 7 of 46 = 15%
3/31/2015 5/12/2015 Hyannisport (Bubb to Linda Vista) 0 of 46 = 0% 15 of 46 = 33%
*** 6/2/2015 Hyannisport (Bubb to Linda Vista) *** 18 of 46 = 39%
3/24/2015 4/14/2015
Linda Vista (Hyannisport to
McClellan) 0 of 18 = 0% 4 of 18 = 22%
3/31/2015 5/12/2015
Linda Vista (Hyannisport to
McClellan) 0 of 18 = 0% 3 of 18 = 17%
*** 6/2/2015
Linda Vista (Hyannisport to
McClellan) *** 6 of 18 = 33%
3/25/2015 4/15/2015 McClellan (Bubb to S. Foothill) 1 of 74 = 1% 21 of 74 = 28%
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Attachment A
Recology Early Collection Pilot Program Survey Data
3/31/2015 4/29/2015 McClellan (Bubb to S. Foothill) 2 of 74 = 3% 21 of 74 = 28%
*** 5/13/2015 McClellan (Bubb to S. Foothill) *** 24 of 74 = 32%
*** 6/3/2015 McClellan (Bubb to S. Foothill) *** 18 of 74 = 24%
3/25/2015 4/15/2015 Orange (McClellan to Granada) 2 of 52 = 4% 14 of 52 = 27%
4/1/2015 4/29/2015 Orange (McClellan to Granada) 3 of 52 = 6% 15 of 52 = 29%
*** 5/13/2015 Orange (McClellan to Granada) *** 10 of 52 = 19%
*** 6/3/2015 Orange (McClellan to Granada) *** 8 of 52 = 15%
3/24/2015 4/14/2015 Presidio (Bubb to Ft. Baker) 0 of 21 = 0% 3 of 21 = 14%
3/31/2015 5/12/2015 Presidio (Bubb to Ft. Baker) 0 of 21 = 0% 4 of 21 = 19%
*** 6/2/2015 Presidio (Bubb to Ft. Baker) *** 5 of 21 = 24%
3/23/2015 4/15/2015 Rainbow (Stelling to Bubb) 2 of 41 = 5% 14 of 41 = 34%
3/30/2015 4/29/2015 Rainbow (Stelling to Bubb) 1 of 41 = 2% 19 of 41 = 46%
*** 5/13/2015 Rainbow (Stelling to Bubb) *** 15 of 41 = 37%
*** 6/3/2015 Rainbow (Stelling to Bubb) *** 16 of 41 = 39%
3/24/2015 4/14/2015 Santa Teresa (Terrace to Columbus) 1 of 47 = 2% 6 of 47 = 13%
3/30/2015 5/12/2015 Santa Teresa (Terrace to Columbus) 0 of 47 = 0% 4 of 47 = 9%
*** 6/2/2015 Santa Teresa (Terrace to Columbus) *** 8 of 47 = 17%
3/23/2015 4/13/2015 Terrace (Bubb to Santa Teresa) 2 of 25 = 8% 4 of 25 = 16%
3/30/2015 4/27/2015 Terrace (Bubb to Santa Teresa) 0 of 25% 8 of 25 = 32%
*** 5/11/2015 Terrace (Bubb to Santa Teresa) *** 0 of 25 = 0%
*** 6/1/2015 Terrace (Bubb to Santa Teresa) *** 3 of 25 = 12%
3/24/2015 4/14/2015
Wilkinson (Columbus to
Hyannisport) 0 of 30 = 0% 5 of 30 = 17%
3/31/2015 5/12/2015
Wilkinson (Columbus to
Hyannisport) 1 of 30 = 3% 6 of 30 = 20%
*** 6/2/2015
Wilkinson (Columbus to
Hyannisport) *** 1 of 30 = 3%
*** Indicates no survey conducted
117
PUBLIC WORKS DEPARTMENT
Timm Borden, Director
CITY HALL
10300 TORRE AVENUE ~ CUPERTINO, CA 95014-3266
(408) 777-3354 ~ FAX (408) 777-3333
August 26, 2015
Subject: Permanent Program to Allow Recology to Collect Garbage, Recyclables and
Organic Containers as Early as 6:00 A.M.
City of Cupertino Resident,
A public meeting to permanently implement the early collection of Recology containers on
your street will be held at the City Council meeting beginning at 6:45 P.M. on September
15, 2015.
The agenda item to discuss this topic is a follow-up item to the March 3, 2015 public meeting
when Council authorized a pilot program for the early collection of containers in the same area
through the weeks of April 6th to June 8th, 2015. The recommended action for the City
Council is to make the program permanent with no other changes. The staff report that
quantifies the findings of the completed pilot program and recommends the program being made
permanent will be available online at https://cupertino.legistar.com/Calendar.aspx by September
11, 2015.
All interested residents are invited to attend this meeting. For residents who will attend and
would to like to speak, please refer to the enclosed “Flowchart for Agenda Items” information
sheet.
If you are not able to attend, but would like to comment on this topic, please go to the “News”
section of the City’s website at www.cupertino.org, call the Public Works Department at 408-
777-3354 or write to Cupertino City Hall (Attention: Public Works – Environmental Programs)
10300 Torre Avenue, Cupertino, CA 95014 by September 14, 2015.
After hearing all public comments, the City Council may direct staff to implement the permanent
program as recommended, change the program, defer or stop the program, or lastly, direct staff
towards other options. Pending this direction, collection of your garbage, recyclables and
organic containers will not change without additional notice.
The permanent program is the same as the pilot program that was tested during the weeks of
April 6th through June 8th, 2015. As a reminder, the map on the back of this page shows where
and at what times the program is proposed to be made permanent.
118
Streets selected for permanent early collection are streets heavily traveled by pedestrians, cyclists
and vehicles accessing and exiting Kennedy Middle School, Lincoln Elementary School and
Monta Vista High School.
The purpose of the early collection times is to allow residents to retrieve their containers
from the street as early possible. Residents on streets collected at 6:00 A.M. can retrieve their
containers by 7:15 A.M. and residents on streets collected at 7:00 A.M. can retrieve their
containers by 8:15 A.M.
Early removal of containers is highly encouraged as it will allow cyclists to
travel in the bike lane and road shoulder without these potential obstructions.
Questions or comments regarding this pilot program can be submitted to the City at
environmental@cupertino.org or by calling the Public Works Department at 408-777-3354.
PERMANENT PROGRAM FOR THE EARLY
COLLECTION OF RECOLOGY CONTAINERS
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Attachment C- Resident Comments
Date Name Address Comment
8/26/2015 Resident Rainbow Drive
SUPPORT. Resident likes early collection due to strong odors
from garbage left at the curb and not collected by Recology until
late morning. She prefers collection beginning at 6am on
Rainbow, rather than 7am as proposed.
8/29/2015 Resident Rainbow Drive
OPPOSE. Reasons cited: 1) does not want to wake up early to
remove bins, 2) one bin is typically removed in the afternoon, 3)
excessive noise, 4) more responsibility should fall to cyclists to
ride cautiously using lights, bright clothing, etc.
8/31/2015 Resident Linda Vista Drive
OPPOSE. Reasons cited: 1) excessive noise, 2) may cause
speeding of Recology trucks to meet the collection time
window, 3) bicyclists could be using the sidewalk in areas where
bins are at the curb, 4) Recology trucks should not be exempt
from the construction vehicle prohibition and should only
collect after 9am.
9/1/2015 Resident Columbus Avenue
OPPOSE. Reasons cited: 1) excessive noise, 2) she does not see
children using Columbus as a route to school and believes it to
be unnecessary.
9/2/2015 Resident Rae Lane
OPPOSE. Reasons cited: 1) many bins during the pilot were not
brought in, 2) cars are wider that bins left at the curb, 3)
excessive noise. Supports collection anytime after 7am.
9/2/2015 Resident Bubb Road
OPPOSE. Reasons cited: 1) Recology did not complete service by
time promised, 2) collection day now aligns with street
sweeping and bins left at the curb, reduce ability for sweeper to
effectively clean the gutter, 3) desire to return collection day to
Monday (from Wednesday).
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When does it start?
Week of September 21st - on your
usual collection day
For how long?
Permanent
When can I retrieve my containers?
By 7:15 A.M. on your collection day is
highly encouraged
Why this new collection time?
Removal of containers prior to the
start of school will allow cyclists to
travel in the bike lane and road
shoulder without these potential
obstructions.
Who do I call if I have questions?
Contact City of Cupertino’s
Environmental Services team at 777-
3354 or environmental@cupertino.org
NEW 6:00AM Recology
collection time
NEW 6:00AM Recology
collection time
When does it start?
Week of September 21st - on your
usual collection day
For how long?
Permanent
When can I retrieve my containers?
By 7:15 A.M. on your collection day is
highly encouraged
Why this new collection time?
Removal of containers prior to the
start of school will allow cyclists to
travel in the bike lane and road
shoulder without these potential
obstructions.
Who do I call if I have questions?
Contact City of Cupertino’s
Environmental Services team at 777-
3354 or environmental@cupertino.org
121
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:115-1029 Name:
Status:Type:Ordinances and Action Items Agenda Ready
File created:In control:8/11/2015 City Council
On agenda:Final action:9/15/2015
Title:Subject: An Ordinance amending Section 11.32.020 of the Cupertino Municipal Code to remove
Pruneridge Avenue as a truck route and amending Sections 11.32.055, 11.32.070, and 11.32.080 to
clarify exceptions to truck access within the City and adjacent to public schools
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report
A - Draft Ordinance
B - Redline Version of Draft Ordinance
Action ByDate Action ResultVer.
City Council9/15/20151
Subject:AnOrdinanceamendingSection11.32.020oftheCupertinoMunicipalCodeto
removePruneridgeAvenueasatruckrouteandamendingSections11.32.055,11.32.070,and
11.32.080 to clarify exceptions to truck access within the City and adjacent to public schools
ConductthefirstreadingofOrdinanceNo.15-2134:“AnOrdinanceoftheCityCouncilofthe
CityofCupertinoamendingSection11.32.020ofChapter11.32ofTitle11oftheCupertino
MunicipalCodetoremovePruneridgeAvenueasatruckrouteandamendingSections
11.32.055,11.32.070,and11.32.080toclarifyexceptionsfortruckaccesswithintheCityand
withinschoolzones,”toremoveoutdatedlanguageandtoclarifywhencertaintrucksare
exemptfromtherestrictionsandlimitationsontrucktravelwithintheCityandaroundschool
zones
CITY OF CUPERTINO Printed on 9/9/2015Page 1 of 1
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1
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: September 15, 2015
Subject
An Ordinance Amending Section 11.32.020 of the Cupertino Municipal Code to remove
Pruneridge Avenue as a Truck Route and Amending Sections 11.32.055, 11.32.070, and
11.32.080 to Clarify Exceptions to Truck Access within the City and Adjacent to Public
Schools.
Recommended Action
Conduct the first reading of the draft ordinance: “an ordinance of the City Council of
the City of Cupertino amending section 11.32.020 of chapter 11.32 of title 11 of the
Cupertino municipal code to remove Pruneridge Avenue as a truck route and
amending sections 11.32.055, 11.32.070, and 11.32.080 to clarify exceptions for truck
access within the city and within school zones,” to remove outdated language and to
clarify when certain trucks are exempt from the restrictions and limitations on truck
travel within the City and around school zones.
Discussion
This proposed Ordinance clarifies provisions related to the truck routes within the City
of Cupertino by deleting a truck route that no longer exists and clarifying exceptions to
the restrictions around school zones and truck routes.
A. Removal of Pruneridge Avenue as a designated truck route.
As part of the development of the Apple Campus II, the City of Cupertino sold
Pruneridge Avenue to the developer. The sale is now complete, the Apple campus
construction is well underway, and Pruneridge Avenue is no longer a through street.
The proposed Ordinance amends Section 11.32.020 to remove the obsolete reference to
Pruneridge Avenue as an established truck route.
B. Clarification of exceptions to restrictions around school zones and truck routes.
On April 7, 2015, the City Council adopted Cupertino Municipal Code Section 11.32.055
which places time restrictions upon trucks traveling in designated school zones.
Specifically, trucks over three tons are not allowed to travel along minor collector or
123
2
local roadways that are contiguous to and within 500 feet of the grounds of a primary
K-12 public school between the hours of 7:00 and 9:30 a.m., and between 2:00 and 4:00
p.m., Monday through Friday.
As stated in the March 3, 2015 staff report, the local access exception in Section 11.32.070
is not applicable during certain times in the school zones. Section 11.32.055 is a time
restriction, not an absolute prohibition, and the Sheriff’s office advises that it is
enforceable as drafted. However, for ease of enforcement, staff and the Sheriff’s office
recommend that Section 11.32.055 and 11.32.070 be amended to make administrative
and clarifying changes to expressly state that the local access exception contained
within Section 11.32.070 does not apply to Section 11.32.055. The proposed amendment
further clarifies the types of vehicles which are exempt from the school zone times by
cross-referencing Section 11.32.055 in Section 11.32.080.
The proposed Ordinance also clarifies other vehicles which are not prohibited during
the time restrictions. These include school buses, employer-sponsored passenger buses
traveling along established routes, and a public utility when necessary for emergency
repairs.
Section 11.32.080, exceptions to the truck traffic routes, was also clarified for
consistency. Finally, the proposed Ordinance adds an exception for an employer’s
buses which are providing transportation to the employer’s employees. These
employer-sponsored buses would be excluded from truck and school zones only when
on a direct route dropping off or picking up passengers. These proposed changes will
facilitate effective enforcement of the truck restrictions around the school zones and
throughout the City.
Sustainability Impact
There is no sustainability impact resulting from this amendment.
Fiscal Impact
There is no fiscal impact resulting from this amendment.
_____________________________________
Prepared by: David Stillman, Senior Civil Engineer
Reviewed by: Timm Borden, Director of Public Works
Approved for Submission by: David Brandt, City Manager
Attachments:
A – Draft Ordinance
B – Redline Version of Draft Ordinance
124
Agenda: September 15, 2015
090615
ORDINANCE NO. 15-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO AMENDING SECTION 11.32.020 OF CHAPTER
11.32 OF TITLE 11 OF THE CUPERTINO MUNICIPAL CODE
TO REMOVE PRUNERIDGE AVENUE AS A TRUCK ROUTE
AND AMENDING SECTIONS 11.32.055, 11.32.070, AND
11.32.080 TO CLARIFY EXCEPTIONS FOR TRUCK ACCESS
WITHIN THE CITY AND WITHIN SCHOOL ZONES
WHEREAS, pursuant to the provisions and requirements of the California
Environmental Quality Act of 1970, together with related State CEQA Guidelines
(collectively, "CEQA"), the City has determined that the provisions of this
Ordinance do not fall within CEQA pursuant to Sections 15060(c)(2) (the activity
will not result in a direct or reasonably foreseeable indirect physical change in
the environment) and 15060(c)(3) (the activity is not a project as defined in
Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14,
Chapter 3, because it has no potential for resulting in physical change to the
environment, directly or indirectly; and
WHEREAS, the City Council of the City of Cupertino is the decision-making
body for this Ordinance; and
WHEREAS, this Council has reviewed, considered, and confirms the CEQA
analysis above prior to taking action on this Ordinance.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CUPERTINO
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Section 11.32.020 of Chapter 11.32 of Title 11 of the Cupertino
Municipal Code is hereby amended to read as follows:
11.32.020 Routes–Established–Signs.
A. The following truck traffic routes within the City are hereby established for
the movement of any truck as defined in Section 11.32.010:
Street Limits
De Anza From the South
125
Ordinance No.
Page 2
Boulevard City Limits to the
North City
Limits, all
portions
currently or
hereafter within
the City Limits.
Foothill
Boulevard
From McClellan
Road to Junipero
Serra Freeway
(Route No. 280),
all portions
currently or
hereafter within
the City Limits.
Homestead
Road
From Stevens
Creek Freeway
(Route 85) to
Lawrence
Expressway, all
portions
currently or
hereafter within
the City Limits.
Stevens
Canyon
Road
From the South
City Limits to
McClellan Road,
all portions
currently or
hereafter within
the City Limits.
Stevens
Creek
Boulevard
From the West
City Limits to
Foothill
Boulevard and
from West Valley
Freeway (Route
126
Ordinance No.
Page 3
No. 85) to the
East City Limits,
all portions
currently or
hereafter within
the city limits.
Tantau
Avenue
From Stevens
Creek Boulevard
to Homestead
Road.
Wolfe Road
Stevens Creek
Boulevard to
Homestead
Road.
B. The City Engineer is directed to designate the above-named truck traffic
routes by the erection of appropriate approved state standard signs giving
notice to the ordinance codified in this chapter.
SECTION 2. Section 11.32.055 of Chapter 11.32 of Title 11 of the Cupertino
Municipal Code is hereby amended to read as follows:
11.32.055 School Zones—Prohibited Vehicles.
A. No person shall operate, drive, or cause or permit to be operated or
driven, any truck, as defined in Section 11.32.010 of this chapter, between
the hours of 7:00 a.m. and 9:30 a.m. in the morning and the hours of 2:00
p.m. and 4:00 p.m. in the afternoon Monday through Friday, on the
following roadway segments:
(i) on any roadway which runs contiguous to and is within 500
feet of any public school grounds;
(ii) McClellan Road, between Stelling Road and Bubb Road.
B. The only vehicles which can operate during the times listed in
Section 11.32.055(a) are as follows:
(i) Emergency response vehicles;
127
Ordinance No.
Page 4
(ii) Any vehicle traveling on an arterial or major collector
avenues as defined in the City of Cupertino’s General Plan,
Chapter 5, “Mobility Element”, Figure M-2, including
DeAnza Boulevard, Homestead Road, Stevens Creek
Boulevard (east of Foothill Boulevard), Wolfe Road (north of
Stevens Creek), Bollinger Road (east of DeAnza Boulevard),
Bubb Road (north of McClellan Road), Foothill Boulevard
(north of Stevens Creek), Miller Avenue (north of Bollinger
Road), Stelling Road (north of Stevens Creek) and Tantau
(north of Stevens Creek Boulevard).
(iii) Solid waste, garbage, or recycling trucks and street sweepers
operating on their established routes;
(iv) A public utility or licensed contractor while necessarily in
use in the construction, installation, or in repair of any
public utility, within the City, but only as necessary for
emergency repair; or
(v) Passenger buses and other public transit vehicles under the
jurisdiction of the California Public Utilities Commission,
school buses, and employer-sponsored passenger buses
provided solely for the employer’s employees, so long as
these vehicles do not deviate from their established route(s).
C. The Director of Public Works is directed to designate the above-
named school zones by the erection of appropriate approved state
standard signs giving notice of the restrictions in this section.
D. When authorized signs are in place giving notice of the designated
school zones, no person shall operate, drive, or cause or permit a truck to
be operated or driven in violation of this section unless otherwise exempt
under the provisions of subsection B of this section.
SECTION 3. Section 11.32.070 of Chapter 11.32 of Title 11 of the Cupertino
Municipal Code is hereby amended to read as follows:
128
Ordinance No.
Page 5
11.32.070 Exceptions–Pickup or Delivery.
For the purpose of this chapter, a “restricted street” is any street which is
neither a truck traffic route nor an unrestricted highway. This section does not
apply to the time restrictions around school zones as set forth in Section
11.32.055. Except during the times as set forth in Section 11.32.055, nothing
contained in this chapter shall prohibit the operation of any commercial vehicle
as defined in the Vehicle Code of California, or as hereafter amended, coming
from a truck traffic route or unrestricted highway having ingress or egress by
direct route to and from a restricted street when necessary for the purpose of
making pickups or deliveries of goods, wares and merchandise from or to any
building or structure located on the restricted street, or for the purpose of
delivering materials to be used in the actual and bona fide repair, alteration,
remodeling, or construction of any building or structure upon the restricted
street for which a building permit previously has been obtained.
SECTION 4. Section 11.32.080 of Chapter 11.32 of Title 11 of the Cupertino
Municipal Code is hereby amended to read as follows:
11.32.080 Exceptions–Types of Vehicles.
Except as provided in Section 11.32.055, the provisions of this chapter shall not
apply to any of the following:
A. Passenger buses under the jurisdiction of the Public Utilities Commission
of California, and school buses;
B. Any authorized emergency vehicle as defined in Section 165 of the Vehicle
Code of California, or as hereafter amended;
C. Any vehicle owned, leased, operated or controlled by:
(i) The City of Cupertino,
(ii) A contractor retained to provide street sweeping within the City of
Cupertino but only while its trucks are operating on an established route
or travelling to and from an established route,
129
Ordinance No.
Page 6
(iii) A public utility or licensed contractor while necessarily in use in
the construction, installation, or in repair of any public utility, within the
City,
(iv) The holder of a franchise issued by the City for the removal of
garbage, solid waste, or recycling but only while its trucks are operating
on an established route or travelling to and from an established route; and
(v) An employer providing transportation to its employees, provided such
vehicles deviate from a truck traffic route or unrestricted highway only by
way of a direct route to and from a restricted street and only when
necessary for the purpose of picking up or dropping off passengers.
SECTION 5.
The City Clerk shall certify the adoption of this Ordinance and shall give notice
of its adoption as required by law. Pursuant to Government Code Section 36933,
a summary of this Ordinance may be published and posted in lieu of publication
and posting of the entire text.
SECTION 6. This ordinance shall take effect 30 days after adoption.
INTRODUCED at a regular meeting of the City Council of the City of Cupertino
the 15th day of September 2015, and ENACTED at a regular meeting of the City
Council of the City of Cupertino the __ day of ________ 2015, by the following
vote:
PASSED:
Vote: Members of the City Council
Ayes:
Noes:
Absent:
Abstain:
ATTEST: APPROVED:
______________________ ______________________
Grace Schmidt, City Clerk Rod Sinks, Mayor, City of Cupertino
130
Agenda: September 15, 2015
090615
ORDINANCE NO. 15-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO AMENDING SECTION 11.32.020 OF CHAPTER
11.32 OF TITLE 11 OF THE CUPERTINO MUNICIPAL CODE
TO REMOVE PRUNERIDGE AVENUE AS A TRUCK ROUTE
AND AMENDING SECTIONS 11.32.055, 11.32.070, AND
11.32.080 TO CLARIFY EXCEPTIONS FOR TRUCK ACCESS
WITHIN THE CITY AND WITHIN SCHOOL ZONES
WHEREAS, pursuant to the provisions and requirements of the California
Environmental Quality Act of 1970, together with related State CEQA Guidelines
(collectively, "CEQA"), the City has determined that the provisions of this
Ordinance do not fall within CEQA pursuant to Sections 15060(c)(2) (the activity
will not result in a direct or reasonably foreseeable indirect physical change in
the environment) and 15060(c)(3) (the activity is not a project as defined in
Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14,
Chapter 3, because it has no potential for resulting in physical change to the
environment, directly or indirectly; and
WHEREAS, the City Council of the City of Cupertino is the decision-making
body for this Ordinance; and
WHEREAS, this Council has reviewed, considered, and confirms the CEQA
analysis above prior to taking action on this Ordinance.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CUPERTINO
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Section 11.32.020 of Chapter 11.32 of Title 11 of the Cupertino
Municipal Code is hereby amended to read as follows:
11.32.020 Routes–Established–Signs.
A. The following truck traffic routes within the City are hereby established for
the movement of any truck as defined in Section 11.32.010:
Street Limits
De Anza From the South
131
Ordinance No.
Page 2
Boulevard City Limits to the
North City
Limits, all
portions
currently or
hereafter within
the City Limits.
Foothill
Boulevard
From McClellan
Road to Junipero
Serra Freeway
(Route No. 280),
all portions
currently or
hereafter within
the City Limits.
Homestead
Road
From Stevens
Creek Freeway
(Route 85) to
Lawrence
Expressway, all
portions
currently or
hereafter within
the City Limits.
Stevens
Canyon
Road
From the South
City Limits to
McClellan Road,
all portions
currently or
hereafter within
the City Limits.
Stevens
Creek
Boulevard
From the West
City Limits to
Foothill
Boulevard and
from West Valley
Deleted: Pruneridge Avenue
Formatted Table
Deleted: From Wolfe Road to Tantau
Avenue.
132
Ordinance No.
Page 3
Freeway (Route
No. 85) to the
East City Limits,
all portions
currently or
hereafter within
the city limits.
Tantau
Avenue
From Stevens
Creek Boulevard
to Homestead
Road.
Wolfe Road
Stevens Creek
Boulevard to
Homestead
Road.
B. The City Engineer is directed to designate the above-named truck traffic
routes by the erection of appropriate approved state standard signs giving
notice to the ordinance codified in this chapter.
SECTION 2. Section 11.32.055 of Chapter 11.32 of Title 11 of the Cupertino
Municipal Code is hereby amended to read as follows:
11.32.055 School Zones—Prohibited Vehicles.
A. No person shall operate, drive, or cause or permit to be operated or
driven, any truck, as defined in Section 11.32.010 of this chapter, between
the hours of 7:00 a.m. and 9:30 a.m. in the morning and the hours of 2:00
p.m. and 4:00 p.m. in the afternoon Monday through Friday, on the
following roadway segments:
(i) on any roadway which runs contiguous to and is within 500
feet of any public school grounds;
(ii) McClellan Road, between Stelling Road and Bubb Road.
B. The only vehicles which can operate during the times listed in
Section 11.32.055(a) are as follows:
(i) Emergency response vehicles;
Formatted: Font: Palatino Linotype
Deleted: is section
Deleted: shall not apply to the
following:
Deleted: ¶
133
Ordinance No.
Page 4
(ii) Any vehicle traveling on an arterial or major collector
avenues as defined in the City of Cupertino’s General Plan,
Chapter 5, “Mobility Element”, Figure M-2, including
DeAnza Boulevard, Homestead Road, Stevens Creek
Boulevard (east of Foothill Boulevard), Wolfe Road (north of
Stevens Creek), Bollinger Road (east of DeAnza Boulevard),
Bubb Road (north of McClellan Road), Foothill Boulevard
(north of Stevens Creek), Miller Avenue (north of Bollinger
Road), Stelling Road (north of Stevens Creek) and Tantau
(north of Stevens Creek Boulevard).
(iii) Solid waste, garbage, or recycling trucks and street sweepers
operating on their established routes;
(iv) A public utility or licensed contractor while necessarily in
use in the construction, installation, or in repair of any
public utility, within the City, but only as necessary for
emergency repair; or
(v) Passenger buses and other public transit vehicles under the
jurisdiction of the California Public Utilities Commission,
school buses, and employer sponsored passenger buses
provided solely for the employer’s employees, so long as
these vehicles do not deviate from their established route(s).
C. The Director of Public Works is directed to designate the above-
named school zones by the erection of appropriate approved state
standard signs giving notice of the restrictions in this section.
D. When authorized signs are in place giving notice of the designated
school zones, no person shall operate, drive, or cause or permit a truck to
be operated or driven in violation of this section unless otherwise exempt
under the provisions of subsection B of this section.
SECTION 3. Section 11.32.070 of Chapter 11.32 of Title 11 of the Cupertino
Municipal Code is hereby amended to read as follows:
11.32.070 Exceptions–Pickup or Delivery.
Deleted: ;
Formatted: Font: Palatino Linotype
Formatted: Left, Indent: Left: 0.5",
No bullets or numbering
Formatted: Left
Deleted: or
Formatted: Font: Palatino Linotype
Formatted: Font: (Default) Palatino
Linotype, Font color: Black
Deleted: ¶
134
Ordinance No.
Page 5
For the purpose of this chapter, a “restricted street” is any street which is
neither a truck traffic route nor an unrestricted highway. This section does not
apply to the time restrictions around school zones as set forth in Section
11.32.055. Except during the times as set forth in 11.32.055, nothing contained in
this chapter shall prohibit the operation of any commercial vehicle as defined in
the Vehicle Code of California, or as hereafter amended, coming from a truck
traffic route or unrestricted highway having ingress or egress by direct route to
and from a restricted street when necessary for the purpose of making pickups or
deliveries of goods, wares and merchandise from or to any building or structure
located on the restricted street, or for the purpose of delivering materials to be
used in the actual and bona fide repair, alteration, remodeling, or construction of
any building or structure upon the restricted street for which a building permit
previously has been obtained.
SECTION 4. Section 11.32.080 of Chapter 11.32 of Title 11 of the Cupertino
Municipal Code is hereby amended to read as follows:
11.32.080 Exceptions–Types of Vehicles.
Except as provided in section 11.32.055, the provisions of this chapter shall not
apply to any of the following:
A. Passenger buses under the jurisdiction of the Public Utilities Commission
of California, and school buses;
B. Any authorized emergency vehicle as defined in Section 165 of the Vehicle
Code of California, or as hereafter amended;
C. Any vehicle owned, leased, operated or controlled by:
1. The City of Cupertino,
2. A contractor retained to provide street sweeping within the City of
Cupertino but only while its trucks are operating on an established route or
travelling to and from an established route,
3. A public utility or licensed contractor while necessarily in use in the
construction, installation, or in repair of any public utility, within the City,
Deleted: section,
Deleted: N
Deleted:
Deleted: T
Formatted: Normal, No bullets or
numbering
135
Ordinance No.
Page 6
4. The holder of a franchise issued by the City for the removal of garbage,
solid waste, or recycling but only while its trucks are operating on an established
route or travelling to and from an established route; and
5. An employer providing transportation to its employees, provided such
vehicles deviate from a truck traffic route or unrestricted highway only by way
of a direct route to and from a restricted street and only when necessary for the
purpose of picking up or dropping off passengers.
SECTION 5.
The City Clerk shall certify the adoption of this Ordinance and shall give notice
of its adoption as required by law. Pursuant to Government Code Section 36933,
a summary of this Ordinance may be published and posted in lieu of publication
and posting of the entire text.
SECTION 6. This ordinance shall take effect 30 days after adoption.
INTRODUCED at a regular meeting of the City Council of the City of Cupertino
the 15th day of September 2015, and ENACTED at a regular meeting of the City
Council of the City of Cupertino the __ day of ________ 2015, by the following
vote:
PASSED:
Vote: Members of the City Council
Ayes:
Noes:
Absent:
Abstain:
ATTEST: APPROVED:
______________________ ______________________
Grace Schmidt, City Clerk Rod Sinks, Mayor, City of Cupertino
Deleted: ,
Formatted: Font: (Default) Palatino
Linotype, Font color: Black
Formatted: Font: (Default) Palatino
Linotype, Font color: Black
Formatted: Font: (Default) Palatino
Linotype, Font color: Black
Deleted: or refuse, and
Deleted: 4. Any licensed contractor
while necessarily in the construction,
maintenance, or repair of a public works
project on which bids were opened by the
City prior to the adoption of the ordinance
codified in this chapter unless an alternate
direct route is provided substantially
within the City
Formatted: Superscript
Deleted: ___
Deleted: ________
136
Ordinance No.
Page 7
137
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:115-1084 Name:
Status:Type:Ordinances and Action Items Agenda Ready
File created:In control:9/9/2015 City Council
On agenda:Final action:9/15/2015
Title:Subject: Brown Act letter submitted by Better Cupertino
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report
A - Government Code Section 54960.2
B - Letter from Better Cupertino
C - December 2, 2014 Agenda
D - Proposed Response Letter to Better Cupertino
Action ByDate Action ResultVer.
City Council9/15/20151
Subject:Brown Act letter submitted by Better Cupertino
RecommendthattheCityCouncilconsidertheallegationsandthediscussioninthisstaffreport
anddirectthattheletterattachedheretoasAttachmentDbetransmittedtoBetterCupertinoin
response to its "cease and desist" demand letter of August 26, 2015.
CITY OF CUPERTINO Printed on 9/9/2015Page 1 of 1
powered by Legistar™138
1
OFFICE OF THE CITY ATTORNEY
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3403 www.cupertino.org
CITY COUNCIL STAFF REPORT
Meeting: September 15, 2015
Subject
Brown Act letter submitted by Better Cupertino.
Recommended Action
Recommend that the City Council consider the allegations and the discussion in this
staff report and direct that the letter attached hereto as Attachment D be transmitted to
Better Cupertino in response to its “cease and desist” demand letter of August 26, 2015.
Background
A. The Brown Act
The principal purposes of the Brown Act (Government Code Section 54950 et seq.) are to
ensure that local government bodies conduct their deliberations publicly and take their
actions openly. The two key components of achieving open and public meetings are (1)
that the public is informed in advance of what business will be conducted at the
meeting through properly prepared and posted agendas; and (2) that the public is
provided an opportunity to participate in a meeting prior to decision making.
Government Code section 54954.2.(a)(1) provides, in part, as follows:
“at least 72 hours before a regular meeting, the legislative body of the local
agency, or its designee, shall post an agenda containing a brief general
description of each item of business to be transacted or discussed at the meeting,
including items to be discussed in closed session. A brief general description of
an item generally need not exceed 20 words.”
The purpose of this requirement is to give reasonable notice to the public of the items of
business to be taken up at a meeting. The agenda descriptions are the basis on which
residents will decide whether they want to participate in the meeting. The agenda is
not required to contain an encyclopedic description of each item, but it must be detailed
enough to frame a limited item of business. That way, persons may determine whether
they are interested in the item and will be informed to what matters their government is
giving attention.
139
2
Government Code section 54954.3 provides that “every agenda for regular meetings
shall provide an opportunity for members of the public to directly address the
legislative body on any item of interest to the public, before or during the legislative
body's consideration of the item, that is within the subject matter jurisdiction of the
legislative body.” Subparagraph (b) of that section further provides that “the legislative
body of a local agency may adopt reasonable regulations to ensure that the intent of
subdivision (a) is carried out, including, but not limited to, regulations limiting the total
amount of time allocated for public testimony on particular issues and for each
individual speaker.”
The above cited sections of the Government Code are the only provisions in the Brown
Act that address the description of agenda items and the public’s right to participate.
The Brown Act also provides that any interested person may challenge a practice of the
City Council that allegedly violates the Act by first filing a written demand of the
Council to cease and desist from engaging in and not repeat the activity alleged to have
been taken in violation of the Act. This written demand must be filed within nine
months of the alleged violation (Gov’t Code Section 54960.2(a)(2). Better Cupertino’s
August 26, 2015 demand is made pursuant to this section. 1
B. Better Cupertino’s Demand for A Cure
Better Cupertino delivered a letter to the City dated August 26, 2015 pursuant to
Government Code Section 54960.2 demanding that the City Council cease and desist
from practices alleged to violate the Brown Act. The demand is made within the
statutory time, so the City Council must decide how it wishes to proceed.
The City is not required to respond to this demand, but in order to avoid a mandatory
award of attorney fees against the City, Section 54960.2(b) provides that the City
Council must determine within 30 days of receipt of the demand whether it will issue
an unconditional commitment to cease and desist from the alleged activities violating
the Act. If the City Council does not act within 30 days, the complainant may file a
lawsuit seeking a declaration from the court that the Council’s past action violated the
Act; and, if he or she prevails, the complainant is entitled to an award of attorney fees.
This meeting is within the 30-day period for response. Pursuant to Government Code
section 54960.2(c), the Council must determine whether to issue a letter agreeing to
cease and desist from engaging in the past activity that allegedly constitutes the
violation. A commitment to cease and desist from a practice does not constitute an
admission of a violation of the Brown Act.
1 The Brown Act also includes a provision allowing any person to bring an action to void an action taken
by a legislative body. Government Code Section 54960.1. In its letter, Better Cupertino concedes that the
time for bring such an action has passed.
140
3
The full text of Section 54960.2 is attached to this staff report (Attachment A) as is a
copy of Better Cupertino’s letter (Attachment B) and the December 2, 2014 agenda
(Attachment D).
The letter asserts the following violations of the Brown Act:
1. Agenda Item 2 in the December 2, 2014 Council agenda was misleading because
it failed to adequately describe the wholesale nature of the changes being
proposed in the City’s General Plan and because the contents of some resolutions
and ordinances are not described in the agenda.
2. Numerous separate actions were lumped together in Item 2 rather than listed as
separate agenda items, thus denying the public a meaningful opportunity to
comment on all of the items within the three minutes allotted to each speaker.
Better Cupertino demands that the Council make an unconditional commitment to
“cease, desist from and not repeat the practice herein challenged as a violation of the
Act.” This demand can be reasonably interpreted to mean that Better Cupertino wants
the Council to commit to (i) producing agendas that do not contain insufficient
descriptions and are not misleading and (ii) not combining separate actions into a single
agenda item.
Discussion
A. The agenda description for Item 2 on the December 3, 2014 agenda satisfied the
Brown Act.
As noted above, the Brown Act requires only that the agenda contain a “brief general
description of each item of business to be transacted or discussed at the meeting.” The
purpose of this requirement is to put the public on notice that a particular item of
business is to be taken up by the Council, not to provide a lengthy description of the
contents of the item. Indeed, the Act defines “brief” to mean as few as twenty words. A
person who reads the agenda and is interested in the subject matter is thus invited to
look further into the matter by reading the underlying documents, including the staff
report and its various attachments. The City facilitates this by providing a link to each
attachment, making it very easy for a person reviewing the agenda on line to review
them.
The December 2, 2014 agenda description of Item 2 was lengthy, occupying over two
pages of the agenda. Each separate recommended action is set out and separately
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4
numbered. Thirty-four separate attachments to the staff report are specifically listed.
The items under consideration are described some degree of particularity; these for
example:
1. The introduction of Item 2 on the bottom of Page 4 describes the General Plan
Amendment as including “citywide amendments to the City’s General Plan,
including the Housing Element, Heart of the City Specific Plan, Vallco Shopping
District, heights densities, commercial, retail, residential allocations, and
recommendations on the Housing Element sites.” This summary is descriptive
and would put interested parties on notice.
2. Under the heading “Recommended Action,” item B recommends adoption of a
list of four resolutions and two ordinances, each of which is provided a brief
description.
Taken as a whole, the description for item 2 and the recommended actions adequately
inform the public regarding the matters to be addressed.
The agenda is essentially an invitation to a meeting, not a treatise. Failure to describe
the substantive details of the business items is not misleading or insufficient; it is simply
the result of the limited purpose of the agenda. However, the description must be
sufficient to communicate the borders of the item. In the case of the City Council’s
December 2, 2014, agenda, a person reviewing the agenda would see that in item 2 the
Council would address a number of planning matters that had been recommended by
the Planning Commission involving the environmental review and amendments to the
2014-2022 Housing Element update, rezoning and other legislative actions to implement
the update, various citywide amendments to the Heart of the City Specific Plan and
Vallco Shopping District (regarding height, density and land uses). The agenda also
reveals that this item is being re-heard and prior action rescinded.
A misapprehension about the substantive effect of an agenda item is not the equivalent
of an agenda failure. The purpose of the agenda within the meaning of the Brown Act is
not to explain the substantive content of the documents under consideration but to put
the public on notice of the subjects to be taken up in the meeting so that persons
interested in the subject matter are prompted to review the relevant documentation and
participate. Applying the plain words of the Brown Act, considering its intent, and
taking into account the common practices among California cities, the agenda
description satisfied the requirements of the Brown Act.
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5
Finally, the demand is far too subjective to be susceptible to an unconditional
commitment. Whether an agenda description is “sufficient” or not is a matter that can
be ascertained by an objective measurement. While it is possible for a city to commit
not to engage in objectively ascertainable violations of the Brown Act – e.g. a
commitment not to act on matters completely omitted from an agenda – people will not
always agree on what is or is not a “sufficient” description. A City commitment to
make its agenda descriptions “sufficient” is a nebulous commitment and exposes the
City to a risk of continuing complaints that it is in violation of its commitment.
B. Better Cupertino alleges that Item 2 on the December 3, 2014 agenda improperly
combines subparts; however, no Brown Act violation is stated because the Brown
Act does not regulate the manner in which agenda items are organized.
The Brown Act requires that the City Council afford the public an opportunity to
directly address the Council before or during the Council’s consideration of the item.
The Brown Act allows the City Council to adopt reasonable regulations to provide for
public participations and expressly allows the City Council to place reasonable limits on
individual speaker time or on the total amount of time allotted to public participation.
The Brown Act does not address how agenda items are organized or whether agenda
items may consist of multiple actions. This is a matter within the discretion of the City.
Better Cupertino argues that inclusion of multiple subparts within an agenda item
deprives the public of meaningful participation because the City limits speakers to three
minutes. The Brown Act does not mandate any per se rules on how to best regulate
public participation, although the City is required to ensure that the public is afforded
an opportunity to directly address the Council.
The subparts of item 2 on the December 2, 2014 agenda are all reasonably related to the
City’s land use planning. As a matter of meeting management, it makes sense that the
Council would consider the items as a package in order to address interrelated subjects.
Indeed, many of the action items were implementations or corollary items. Taking up
the items together is not inherently constraining to public participation, although it
necessary reduces the total amount of time an individual may speak. Oral participation
is not the exclusive means of expressing views on agenda items – interested persons
may and often do put their comments in writing, all of which become part of the public
record. Emailed comments are an increasingly popular means of communicating to
legislative bodies and enable persons to communicate a lot more information than can
be imparted in oral comments. It is understood that speakers may not have sufficient
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6
time to say everything they want to at a Council meeting in order that the Council itself
has sufficient time to deliberate and make decisions.
More than 50 speakers participated at the December 2, 2014 hearing on Item 2 with
public testimony lasting four hours. This level of participation was more than sufficient
to communicate dissatisfaction with numerous aspects of the agenda item. Indeed, the
Council ended up continuing the discussion on the item to the following evening to
allow a full deliberation. This demonstrates that Better Cupertino is wrong to be
concerned that the opportunity for public comment was not meaningful. In this
instance, the public comment influenced the process.
Better Cupertino appears to demand that the City cease using what it refers to as
“omnibus” agenda items. The demand is too vague for practical application insofar as
there is no commonly understood definition of an “omnibus” agenda item. What
makes an item “omnibus?” How many related items are too many to incorporate into a
single agenda item? There is no accepted standard to guide the staff and many
circumstances where including several related recommendations in a single agenda
item makes complete sense and is unobjectionable. For example, land use approvals
that include CEQA determinations require separate actions – action on the CEQA
determination and on the land use entitlement. Under the ruling in San Joaquin Raptor
Rescue v. County of Merced (2013) 216 Cal. App. 4th 1167, both actions must be separately
listed on the agenda to comply with the Brown Act. These two items belong together, it
makes little sense to separate them into separate agenda items and the Brown Act does
not require it.
The absence of a commonly understood definition of an “omnibus” agenda item makes
it difficult for the Council to commit that the City will cease and desist from creating
them. As is the case with the first allegation, whether an agenda description is
“omnibus” cannot be ascertained by an objective measurement. It is not feasible for a
city to commit not to engage in a practice that is incapable of objective determination –
people will not always agree on what is or is not a an omnibus description – without
separating every component part of an item into separate agenda items, even if doing so
detracts from a logical presentation and consideration of a matter. Hence, a City
commitment to avoid omnibus agenda items likewise puts the City at risk of continuing
complaints that it is in violation of its commitment. Considering that the Brown Act
does not dictate agenda formatting and that it allows time limits for individual
speakers, and taking into account the common practices among California cities, the use
of what Better Cupertino describes as an “omnibus” format did not violate the Brown
Act.
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7
Conclusion
Better Cupertino’s August 26, 2015 letter does not state a past violation of the Brown
Act. Further, its “cease and desist” demand is too nebulous for practical
implementation.
That said, the City is committed to transparency, good governance and compliance with
the Brown Act. While the December 2 agenda may not have been to everyone’s liking,
it served its purpose insofar as many people attended the meeting. The City is
committed to producing and publishing agendas that are descriptive and clear and
leave no doubt as to what matters of business the Council intends to undertake.
Likewise, the City values public participation and intends to consider Better
Cupertino’s comments as staff organizes agendas in the future. Subparts of agenda
items will be organically related to each other so as together to constitute the whole of a
single item of business. The City is committed to listening to what our residents have to
say about every agenda item, and encourage not only oral participation but written
comments which will be part of the record.
In light of the foregoing, it is recommended that the letter attache d to this report as
Attachment D setting forth the City’s commitment be transmitted to Better Cupertino.
Alternatively, the Council may choose to:
1. Receive and file Better Cupertino’s letter of August 26, 2015; or
2. Send a letter to Better Cupertino making the unconditional commitment
requested in its August 26, 2015 letter.
Sustainability Impact
No sustainability impact.
Fiscal Impact
No fiscal impact.
____________________________________
Prepared by: Carol Korade
Attachments:
A -Government Code Section 54960.2
B -Letter from Better Cupertino
C -December 2, 2014 Agenda
D -Proposed response letter to Better Cupertino
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54960.2. (a) The district attorney or any interested person may
file an action to determine the applicability of this chapter to past
actions of the legislative body pursuant to subdivision (a) of
Section 54960 only if all of the following conditions are met:
(1) The district attorney or interested person alleging a
violation of this chapter first submits a cease and desist letter by
postal mail or facsimile transmission to the clerk or secretary of
the legislative body being accused of the violation, as designated in
the statement pertaining to that public agency on file pursuant to
Section 53051, or if the agency does not have a statement on file
designating a clerk or a secretary, to the chief executive officer of
that agency, clearly describing the past action of the legislative
body and nature of the alleged violation.
(2) The cease and desist letter required under paragraph (1) is
submitted to the legislative body within nine months of the alleged
violation.
(3) The time during which the legislative body may respond to the
cease and desist letter pursuant to subdivision (b) has expired and
the legislative body has not provided an unconditional commitment
pursuant to subdivision (c).
(4) Within 60 days of receipt of the legislative body's response
to the cease and desist letter, other than an unconditional
commitment pursuant to subdivision (c), or within 60 days of the
expiration of the time during which the legislative body may respond
to the cease and desist letter pursuant to subdivision (b), whichever
is earlier, the party submitting the cease and desist letter shall
commence the action pursuant to subdivision (a) of Section 54960 or
thereafter be barred from commencing the action.
(b) The legislative body may respond to a cease and desist letter
submitted pursuant to subdivision (a) within 30 days of receiving the
letter. This subdivision shall not be construed to prevent the
legislative body from providing an unconditional commitment pursuant
to subdivision (c) at any time after the 30-day period has expired,
except that in that event the court shall award court costs and
reasonable attorney fees to the plaintiff in an action brought
pursuant to this section, in accordance with Section 54960.5.
(c) (1) If the legislative body elects to respond to the cease and
desist letter with an unconditional commitment to cease, desist
from, and not repeat the past action that is alleged to violate this
chapter, that response shall be in substantially the following form:
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To ______________________:
The [name of legislative body] has received your cease and desist
letter dated [date] alleging that the following described past action
of the legislative body violates the Ralph M. Brown Act:
[Describe alleged past action, as set forth in the cease and
desist letter submitted pursuant to subdivision (a)]
In order to avoid unnecessary litigation and without admitting any
violation of the Ralph M. Brown Act, the [name of legislative body]
he reby unconditionally commits that it will cease, desist from, and
not repeat the challenged past action as described above.
The [name of legislative body] may rescind this commitment only by
a majority vote of its membership taken in open session at a regular
meeting and noticed on its posted agenda as "Rescission of Brown Act
Commitment." You will be provided with written notice, sent by any
means or media you provide in response to this message, to whatever
address or addresses you specify, of any intention to consider
rescinding this commitment at least 30 days before any such regular
meeting. In the event that this commitment is rescinded, you will
have the right to commence legal action pursuant to subdivision (a)
of Section 54960 of the Government Code. That notice will be
delivered to you by the same means as this commitment, or may be
mailed to an address that you have designated in writing.
Very truly yours,
________________________________________________
[Chairperson or acting chairperson of the legislative body]
(2) An unconditional commitment pursuant to this subdivision shall
be approved by the legislative body in open session at a regular or
special meeting as a separate item of business, and not on its
consent agenda.
(3) An action shall not be commenced to determine the
applicability of this chapter to any past action of the legislative
body for which the legislative body has provided an unconditional
commitment pursuant to this subdivision. During any action seeking a
judicial determination regarding the applicability of this chapter to
147
any past action of the legislative body pursuant to subdivision (a),
if the court determines that the legislative body has provided an
unconditional commitment pursuant to this subdivision, the action
shall be dismissed with prejudice. Nothing in this subdivision shall
be construed to modify or limit the existing ability of the district
attorney or any interested person to commence an action to determine
the applicability of this chapter to ongoing actions or threatened
future actions of the legislative body.
(4) Except as provided in subdivision (d), the fact that a
legislative body provides an unconditional commitment shall not be
construed or admissible as evidence of a violation of this chapter.
(d) If the legislative body provides an unconditional commitment
as set forth in subdivision (c), the legislative body shall not
thereafter take or engage in the challenged action described in the
cease and desist letter, except as provided in subdivision (e).
Violation of this subdivision shall constitute an independent
violation of this chapter, without regard to whether the challenged
action would otherwise violate this chapter. An action alleging past
violation or threatened future violation of this subdivision may be
brought pursuant to subdivision (a) of Section 54960, without regard
to the procedural requirements of this section.
(e) The legislative body may resolve to rescind an unconditional
commitment made pursuant to subdivision (c) by a majority vote of its
membership taken in open session at a regular meeting as a separate
item of business not on its consent agenda, and noticed on its posted
agenda as "Rescission of Brown Act Commitment," provided that not
less than 30 days prior to such regular meeting, the legislative body
provides written notice of its intent to consider the rescission to
each person to whom the unconditional commitment was made, and to the
district attorney. Upon rescission, the district attorney or any
interested person may commence an action pursuant to subdivision (a)
of Section 54960. An action under this subdivision may be brought
pursuant to subdivision (a) of Section 54960, without regard to the
procedural requirements of this section.
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1
August 26, 2015 2
3
Grace Schmidt 4
City Clerk 5
City of Cupertino 6
10300 Torre Avenue 7
Cupertino, CA 95014 8
(CityClerk@cupertino.org) 9
10
RE: Demand to Cease and Desist: Ralph M. Brown Act (Government Code Section 54950 et 11
seq.) 12
13
Dear Mayor Sinks, Vice Mayor Chang and Council Members, 14
15
This letter challenges a practice occurring in connection with the December 2, 2014 meeting of 16
the Cupertino City Council as a violation of the Brown Act, specifically Government Code 17
Section 54954.2(a)(1), 54954.2(a)(2) and 54954.3(a). At the meeting, the City Council packed 18
multiple important issues under Agenda Item 2 without providing sufficient description for each 19
issue and without providing the public an opportunity to comment on each issue individually. 20
Some actions taken were not adequately described in the posted agenda. 21
22
The Brown Act requires the City to post “an agenda containing a brief general description of 23
each item of business to be transacted or discussed at the meeting.” Gov’t Code § 24
54954.2(a)(1). The City’s legislative bodies are prohibited from taking action on or even 25
discussing an item that is inadequately described in the posted agenda. Gov’t Code § 26
54954.2(a)(2). This fundamental noticing requirement has been strictly interpreted by the courts 27
to require that agendas describe each individual item of business to be considered in clear and 28
unambiguous terms. This requirement helps ensure that the public is adequately notified of 29
what will be addressed at a meeting, to facilitate public participation and to avoid secret 30
legislation or decision making. Gov’t Code § 54950; Los Angeles Times Communications v. Los 31
Angeles County Bd. of Supervisors, 112 Cal.App.4th 1313 (2003). 32
33
34
The Brown Act states “every agenda for regular meetings shall provide an opportunity for 35
members of the public to directly address the legislative body on any item of interest to 36
the public… provided that no action shall be taken on any item not appearing on the agenda.” 37
Gov’t Code § 54954.3(a). 38
39
Agenda Item 2 in December 2nd, 2014 Council Meeting stated 40
41
“2. Subject: General Plan Amendment, 2014-2022 Housing Element, associated Rezoning, 42
Zoning map and text amendments and Specific Plan Amendment, and related actions for 43
environmental review to consider citywide amendments to the City's General Plan, including the 44
Housing Element, Heart of the City Specific Plan, Vallco Shopping District, heights, densities, 45
commercial, retail, residential allocations, and recommendations on the Housing Element sites, 46
and to rescind all actions taken on these issues during the November 10, 2014 Council meeting." 47
48
49
50
149
51
52
The description in Agenda Item 2 is misleading; it never mentioned that the previous general 53
plan, “2000-2020 General Plan,” would be thrown out of the window and be replaced by a new 54
general plan “Community Vision 2040.” Not a single page in “Community Vision 2040” remained 55
the same as the previous general plan. Almost every policy was edited or rewritten; the meaning 56
and the intent of the policy was often changed. Some policies, especially the ones that put a 57
condition of approval on development projects, were simply removed. This document 58
“Community Vision 2040” appeared for the first time in the City Council meeting packet on 59
December 2nd, 2014, not counting the November 10th meeting, which was voided. The agenda 60
item did not mention a new general plan for the year 2040 at all. In fact, none of the meeting 61
notices in the past 18 months mentioned that the previous general plan would be replaced. The 62
agenda description is misleading and ambiguous, and the contents of some resolutions 63
and ordinances approved are not even described in the agenda. This is a clear violation of 64
Gov’t Code § 54954.2(a)(1) and Gov’t Code § 54954.2(a)(2). 65
66
67
Resolution 14-211 contains “Community Vision 2040” a new general plan, which is not 68
mentioned in the agenda. The many modifications put in place in the resolution were 69
never put on any council agenda ever. Those decisions were not made in a public 70
meeting and without public input. The residents were led to believe that Resolution 14-71
211 contains the previous general plan with amendments necessary for Housing 72
Elements, since the Council agreed to postpone deliberation of other amendments as 73
described in the agenda item. The comparison tables published in May 2015 revealed 74
that Resolution 14-211 contains much much more modifications than the agenda item 75
described. 76
77
Resolution 14-213 contains an amendment to “Heart of the City Specific Plan.” The 78
agenda description did not give a description of the amendment. The public was led to 79
believe that this resolution is required to be consistent with Housing Element. However, 80
a redlined version of the Specific Plan shows that the amendment is irrelevant to the 81
Housing Element and it is not even required to conform to the new general plan 82
“Community Vision 2040.” This resolution changed how density is calculated for mixed 83
use site. 84
85
Ordinance 14-2125 contains Coding change for parkland dedication which is not 86
mentioned in the agenda description. 87
88
Ordinance 14-2124 rezoned some residential parcels to higher density, which are not 89
required to conform with General Plan or Housing Element. The agenda description is 90
misleading. 91
92
All of the above resolutions and ordinances are listed under Agenda Item 2 as one omnibus 93
item. 94
95
96
97
98
99
100
150
101
Besides being misleading, Agenda Item 2 also packs many important and controversial issues 102
into one omnibus item. Each of the following deserves to be one agenda item to allow the public 103
the opportunity to comment on each item individually. 104
105
1. Certification of EIR for the GPA; (Many would contest many conclusions derived on the 106
EIR.) 107
2. GPA for citywide development allocation (office, hotel, residential); (Big debate since 108
the staff recommends office allocation that’s 5 times the ABAG projection.) 109
3. GPA for 7 study areas, including Vallco; (The entire Land Use chapter is re-written. The 110
description of each study area is revised.) 111
4. GPA for Vallco Special Area. (Policies will guide the Specific Plan of the 52-acre Vallco 112
Shopping Center, which is a controversial topic.) 113
5. GPA updates to address recent State Law requirements; (It’s debatable whether some 114
policy modifications are required by the state law specified.) 115
6. Housing Element sites (deadline Jan 31, 2015); 116
7. Rezoning parcels in conjunction with GPA; 117
8. Municipal Code Amendment to comply with Housing Element sites and zoning code for 118
clean-up and consistency; (Modification to parkland analysis and density bonus that are 119
debatable.) 120
9. Specific Plan Amendment for Heart of the City. (a modification to density calculation for 121
mixed use site that’s debatable.) 122
123
Each member of the public was allowed only 3 minutes to comment on all issues under Agenda 124
Item 2. In effect, the public was deprived of the right to “directly address the legislative 125
body on any item of interest”, which is a clear violation of Gov’t Code § 54954.3(a). The 126
Council must provide an agenda that fully and adequately discloses to the public each of the 127
actions it may take in separate agenda items, particularly regarding these noteworthy and 128
controversial topics. To do otherwise is to avoid opening the discussion to meaningful public 129
input, one of the evils of the Brown Act was designed to prevent. Gov’t Code § 54950 states 130
131
“It is the intent of the law that their actions be taken openly and that their deliberations be 132
conducted openly. 133
The people of this State do not yield their sovereignty to the agencies which serve them. 134
The people, in delegating authority, do not give their public servants the right to decide 135
what is good for the people to know and what is not good for them to know. The people 136
insist on remaining informed so that they may retain control over the instruments they 137
have created.” 138
139
140
Such violation of the Brown Act has occurred repeatedly in Cupertino City Council meetings 141
whenever a large development project is on the agenda. Agenda Item 9 from the October 15, 142
2013 Cupertino City Council Meeting is another such omnibus agenda item. 143
144
9. Development of an office, research and development campus with associated ancillary 145
uses A. Adopt Resolution No. 13-082 approving the Certification of an Environmental 146
Impact Report (EIR), and adoption of Findings and a Statement of Overriding 147
Considerations, Mitigation Measures (including adoption of Mitigation Measure 148
TRANS-23 (Alternate)), and a Mitigation Monitoring and Reporting Program, EA-2011-149
12; B. Adopt Resolution No. 13-083 approving a General Plan Amendment, GPA-2011-150
151
03; C. Conduct the first reading of Ordinance No. 13-2113: "An Ordinance of the 151
Cupertino City Council approving the rezoning of an approximately 1.1 Acre Area from 152
Park And Recreation (PR) To Planned Industrial Park (P(MP)) located at APN 316 06 153
050 and 316 06 051", Z-2011-03; D. Adopt Resolution No. 13-085 approving a Vesting 154
Tentative Map, TM-2011-03; E. Adopt Resolution No. 13-084 approving: 1. 155
Development Permit to allow the demolition of approximately 2.66 million square feet of 156
existing office, research and development buildings and the construction of 3.42 million 157
square feet of office, research, and development buildings; 120,000 s.f. (1,000 seat) 158
corporate auditorium, 100,000 s.f. corporate fitness center, and 25,000 s.f. Valet Parking 159
Reception uses; 92,000 square feet of utility plants; and associated parking facilities and 160
ancillary buildings (such as security reception areas and landscape maintenance 161
buildings) (DP-2011-04); and 2. Use Permit to allow a corporate auditorium and fitness 162
center at a new office, research and development campus (U-2011-11); and 3. 163
Architectural and Site Approval to allow a new 2.82 million square feet office, research 164
and development building with 2,385 basement parking spaces and a cafeteria, a 5,870 165
parking space structured parking facility with attached Central Plant, a 1,000 seat 166
corporate auditorium, a fitness center, and associated site improvements including access 167
tunnels, a surface parking lot, outdoor dining and recreational facilities and landscaping; 168
(ASA-2011-14); and 4. Tree Removal Permit to allow the removal of approximately 169
3,710 trees, of which, approximately 90 trees are proposed to be transplanted, and 170
replacement with at least 6,200 trees to allow the construction of an office, research and 171
development campus (TR-2011-39); F. Cancel the Development Agreement with Hewlett 172
Packard, applicable to a portion of the property; and G. Conduct the first reading of 173
Ordinance No. 13-2114: "An Ordinance of the City Council of the City of Cupertino 174
repealing Ordinance No. 1702 and Approving a New Development Agreement By and 175
Between the City of Cupertino and Apple Inc. for the Development of a New Corporate 176
Campus" Application No(s):ASA-2011-14, DA-2011-01, DP-2011-04, GPA-2011-03, 177
TM-2011-03, TR-2011-39, U-2011-11, Z-2011-03 (EA-2011-12) Applicant(s): Apple Inc 178
(Dan Whisenhunt); Location: Area bounded by East Homestead Road, North Tantau 179
Avenue, I-280, North Wolfe Road including properties located on the east side of North 180
Tantau Avenue; APN #s:316-06-033, 316-06-038, 316-06-039, 316-06-045, 316-06-046, 181
316-06-048, 316-06-049, 316-06-050, 316-06-051, 316-06-052, 316-06-053, 316-07-044, 182
316-07-045, 316-07-046, 316-09-019, 316-09-027, 316-09-028, 316-18-012, 316-18-025, 183
316-18-026, 316-18-027, 316-18-035 184
185
Packing numerous items into one agenda item has the effect of limiting public access to the 186
process and violates the spirit if not the letter of the Brown Act. While the City may argue this 187
packed format is expedient, participation, not expediency is the goal of a democracy. 188
189
This long agenda item contains the certification of EIR, many ordinances and resolutions, the 190
sale of a section of a public road in the developer agreement. It is simply impossible to grasp 191
what the project is or the scope of the developer agreement. Buried inside this laundry list is a 192
General Plan Amendment, simply described as “Adopt Resolution No. 13-083 approving a 193
General Plan Amendment, GPA-2011-03.” Among other things, this amendment changed the 194
building plane of Tantau Avenue from 1.5:1 for both sides of the street, even though the project 195
only resides on one side of the street. 196
197
152
198
Unfortunately for the residents of Cupertino, it had taken months to understand the scope of the 199
actions taken in December 2, 2014 Council Meeting due to the very fact that the description of 200
Agenda Item 2 was inadequate and left out important issues packed underneath this omnibus 201
agenda item. The time has expired to require the Council to cure and correct its actions in 202
December 2, 2014 Council Meeting. We therefore have no option but to demand that the 203
Council commit to abide by the rules set forth in the Brown Act in spirit and in action for future 204
Council meetings, and specifically to commit not to repeat the challenged practices 205
herein specified. 206
207 In order to avoid the filing of an action against the Cupertino City Council for declaratory and 208
injunctive relief to confirm that the practice in question violated the Brown Act and to order it not 209
to be repeated, and for the recovery of any attorney fees and costs incurred in such litigation, I 210
demand that the Cupertino City Council, within 30 days of the receipt of this letter and in 211
conformity with Government Code Section 54960.2, subdivision (c), inform us of the Cupertino 212
City Council’s unconditional commitment to cease, desist from, and not repeat the practice 213
herein challenged as a violation of the Act. 214
215
216
Very Truly Yours, 217
218
219
__________________ 220
221
BetterCupertino 222
PO Box 1132, Cupertino, CA 95015, FPPC #1376003 223
BetterCupertino@gmail.com 224
408-252-3152 225
cc: Terry Francke, Californians Aware (terry@calaware.org) 226
cc: City Attorney (CityAttorney@cupeprtino.org) 227
cc: John Chase, Deputy District Attorney (JChase@da.sccgov.org) 228
229
153
CITY OF CUPERTINO
AGENDA
Tuesday, December 2, 2014
10350 Torre Avenue, Council Chamber
CITY COUNCIL
6:30 PM
SPECIAL MEETING - 6:30 PM
10350 Torre Avenue, Community Hall Council Chamber
PLEDGE OF ALLEGIANCE
ROLL CALL
CEREMONIAL MATTERS AND PRESENTATIONS
1.Subject: Present proclamation to Jaqui Guzman and her family in recognition of
their volunteer service
Recommended Action: Present proclamation
2.Subject: Present Certificates of Recognition to Monta Vista, Cupertino, and
Lynbrook High School students honoring their achievements in the 2014 National
Japan Bowl
Recommended Action: Present certificates
POSTPONEMENTS
ORAL COMMUNICATIONS
This portion of the meeting is reserved for persons wishing to address the council on
any matter not on the agenda. Speakers are limited to three (3) minutes. In most cases,
State law will prohibit the council from making any decisions with respect to a matter
not listed on the agenda.
CONSENT CALENDAR
Unless there are separate discussions and/or actions requested by council, staff or a
member of the public, it is requested that items under the Consent Calendar be acted on
simultaneously.
3.Subject: Approve the November 3 City Council minutes
Recommended Action: Approve the minutes
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December 2, 2014City Council AGENDA
A - Draft Minutes
4.Subject: Approve the November 6 City Council minutes
Recommended Action: Approve the minutes
A - Draft Minutes
5.Subject: Accept Accounts Payable for period ending October 24, 2014.
Recommended Action: Adopt Resolution No. 14-216 accepting Accounts Payable
for the period ending October 24, 2014.
A - Draft Resolution
B - AP Report
6.Subject: Accept Accounts Payable for period ending October 31, 2014.
Recommended Action: Adopt Resolution No. 14-217 accepting Accounts Payable
for the period ending October 31, 2014.
A - Draft Resolution
B - AP Report
7.Subject: Accept Accounts Payable for period ending November 7, 2014.
Recommended Action: Adopt Resolution No. 14-218 accepting Accounts Payable
for period ending November 7, 2014.
A - Draft Resolution
B - AP Report
8.Subject: Accept Accounts Payable for period ending November 14, 2014.
Recommended Action: Adopt Resolution No.14-219 accepting Accounts Payable
for the period ending November 14, 2014.
A - Draft Resolution
B - AP Report
9.Subject: Approval of the First Quarter Financial Report for Fiscal Year
2014-2015
Recommended Action: Accept the City Manager's First Quarter Financial Report for
Fiscal Year 2014-2015
Staff Report
A - First Quarter Financial Report for FY 2014-15
10.Subject: Application for Alcoholic Beverage License for Whole Foods Market,
20955 Stevens Creek Boulevard
Recommended Action: Recommend approval of application for Alcoholic Beverage
License for Whole Foods Market, 20955 Stevens Creek Boulevard
Staff Report
A - Application
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December 2, 2014City Council AGENDA
11.Subject: Application for Alcoholic Beverage License for Joy Palace Restaurant,
19066 Stevens Creek Boulevard
Recommended Action: Recommend Approval for Alcoholic Beverage License for
Joy Palace Restaurant, 19066 Stevens Creek Boulevard
Staff Report
A - Application
SECOND READING OF ORDINANCES - None
PUBLIC HEARINGS - None
ORDINANCES AND ACTION ITEMS
12.Subject: Receive declaration of election results for the General Municipal
Election held on November 4, 2014
Recommended Action: Adopt Resolution No. 14-220 receiving declaration of
election results for the General Municipal Election held on November 4, 2014 (The
draft resolution and certification of results will be distributed on the dais)
13.Subject: Oath of office to newly-elected Council members
14.Subject: Election of Mayor and Vice Mayor
15.Subject: Oath of office to newly-elected Mayor and Vice Mayor
REPORTS BY COUNCIL AND STAFF
ADJOURNMENT
REGULAR MEETING - 6:45 PM
10350 Torre Avenue, Community Hall Council Chamber
PLEDGE OF ALLEGIANCE
ROLL CALL
CEREMONIAL MATTERS AND PRESENTATIONS - None
POSTPONEMENTS
ORAL COMMUNICATIONS
Page 3 CITY OF CUPERTINO
156
December 2, 2014City Council AGENDA
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 - None
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.
SECOND READING OF ORDINANCES
1.Subject: Second Reading and enactment of the Municipal Code Amendment
regarding the Protected Tree Ordinance
Recommended Action: Conduct the second reading and enact Ordinance No.
14-2126: “An Ordinance of the City Council of the City of Cupertino Amending
Chapter 14.18 of the Cupertino Municipal Code relating to Permit thresholds
citywide, streamlining the tree removal process for R1, A1, A, RHS, and R2 zones
and modifcations for readability”
Description:
Application No(s): MCA-2013-01
Applicant(s): City of Cupertino
Location: citywide
Adoption of amendments to Chapter 14.18, Protected Trees, of the Cupertino
Municipal Code to streamline and update the tree removal review and approval
process, and to improve readability/consistency.
Staff Report
A - Ordinance No 14-2126
B - Amended Chapter 14.18, Protected Trees ( with redlines)
PUBLIC HEARINGS
2.Subject: General Plan Amendment, 2014-2022 Housing Element, associated
Rezoning, Zoning map and text amendments and Specific Plan Amendment, and
related actions for environmental review to consider citywide amendments to the
City's General Plan, including the Housing Element, Heart of the City Specific
Plan, Vallco Shopping District, heights, densities, commercial, retail, residential
allocations, and recommendations on the Housing Element sites, and to rescind
all actions taken on these issues during the November 10, 2014 Council meeting.
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December 2, 2014City Council AGENDA
Recommended Action: A. Rescind all actions taken on November 10, 2014 and
consider the issues anew, disregarding prior votes and directions; and
B. Conduct a public hearing and take actions on the recommendations of the
Planning Commission which recommends that the City Council take the following
actions in accordance with the Draft Resolutions (Attachments A - F) with the
exceptions noted in Attachment G:
1. Adopt Resolution No. 14-210 for Certification of an Environmental Impact
Report, adoption of Findings and a Statement of Overriding Considerations, and
adoption of Mitigation Measures and a Mitigation Monitoring and Reporting
Program, (EA-2013-03), in substantially similar form to the attached Resolution
(Attachment A);
2. Adopt Resolution No. 14-211, GPA-2013-01 in substantially similar form to the
attached Resolution (Attachment B and as amended by Attachment G), for:
a. Draft General Plan (Community Vision 2040); and
b. General Plan Map Amendments.
3. Adopt Resolution No. 14-212 to authorize staff to, in substantially similar form to
the attached Resolution (Attachment C and as amended by Attachment G):
a. Forward the Draft 2014-2022 Housing Element to the State Department of
Housing and Community Development (HCD); and
b. Use the prioritized list of Alternative Housing Element sites (in case one or more
of the adopted sites are not accepted by HCD as Housing Element sites).
4. Conduct first reading of Ordinance 14-2124, “An Ordinance of the City Council of
the City of Cupertino Rezoning Certain Sites in the City for Conformance with the
General Plan and Housing Element Zoning Map Amendment,” Z-2013-03
(Attachment D and as amended by Attachment G);
5. Conduct first reading of Ordinance 14-2125, “An Ordinance of the City Council of
the City of Cupertino amending various Chapters in Title 18 and Title 19, including
the amendment of the Density Bonus Ordinance, the addition of a Chapter in Title 19
to implement policies in the General Plan, the addition of a Chapter in Title 13 to
improve readability,” Municipal Code Amendment, MCA-2014-01 (Attachment E);
and
6. Adopt Resolution No. 14-213 approving Specific Plan Amendment,
SPA-2014-01, in substantially similar form to the attached Resolution (Attachment
F).
The Balanced Plan is reflected in Attachments B - F. The Planning Commission’s
changes to the exhibits to Attachments B - D are reflected in Attachment G. These
changes are discussed in detail later in this report. CEQA Findings for adoption of
the Balanced Plan and Housing Element sites recommended by staff are in
Attachment H.
Description: Application No.: GPA-2013-01, GPA-2013-02, SPA-2014-01,
Z-2013-01 and MCA-2014-01 (EA-2013-03); Applicant: City of Cupertino; Property
Page 5 CITY OF CUPERTINO
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December 2, 2014City Council AGENDA
Location: City-wide
Staff Report
A - Draft Resolution 14-210, PC Recc CEQA Resolution.pdf
B - Draft Resolution 14-211, Adoption of General Plan Amendments.pdf
C - Draft Resolution 14-212, Authorization to forward Draft Housing Element to HCD and use Alternate Sites list.pdf
D - Draft Ordinance 14-2124, Zoning Amendments.pdf
E - Draft Ordinance 14-2125, Municipal Code Amendments Ordinance.pdf
F- Draft Resolution 14-213, Heart of the City Specific Plan Amendment.pdf
G - Planning Commission Resolutions 6760-6765
H - Alternate CEQA findings - Balanced Plan.pdf
I - Housing Commission, Planning Commission, City Council prior staff report
J - Planning Commission Staff Report 10-14-14
K - Concept Alternative Maps
L - Approved Planning Commission Minutes 10-14-14, 10-20-14
M - General Plan and Housing Element errata dated Nov 25 2014.pdf
N - Balanced Plan Map.pdf
O - Planning Commission Reccommendation Map.pdf
P - Market Study 2-13-14
Q - Retail Strategy Report 3-6-14
R - Housing Commission staff report 8-28-14
S - 2007-2014 Housing Element and Technical Appendix
T - Site Priority List with criteria
U - Summary of Land Use Map, Zoning Map and Muni Code Amendments
V - Zoning Text Amendments with Redlines
W - Specific Plan Amendments with Redlines
X - PC Study Session Staff report 9-9-14
Y - CC Study Session staff report 10-7-14
Z - Draft EIR 6-18-14
AA - Responses to Comments 8-28-14
BB - Supplemental Text Revisions Memo 11-3-14
CC - Updated Late Comments memo dated Nov 22 2014.pdf
DD - ERC recommendation
EE - Public Comments related to the General Plan and Housing Element
FF - Summary of comments from Nov 10 2014 City Council meeting.pdf
GG - Applicability of SB 50.pdf
HH - Summary of questions and comments from Nov 20 2014 community meeting.pdf
ORDINANCES AND ACTION ITEMS - None
REPORTS BY COUNCIL AND STAFF
ADJOURNMENT
Page 6 CITY OF CUPERTINO
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December 2, 2014City 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.
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[City letterhead]
VIA EMAIL BY REQUEST & U.S. MAIL
Better Cupertino
P.O. Box 1132
Cupertino, CA 95015
Email: BetterCupertino@Gmail.com
To Whom It May Concern:
The Cupertino City Council has received your cease and desist letter dated August 26, 2015
alleging that the following described past actions of the City violate the Ralph M. Brown Act:
1. Agenda Item 2 in the December 2, 2014 Council agenda was misleading because it failed
to adequately describe the wholesale nature of the changes being proposed in the City’s
General Plan and because the contents of some resolutions and ordinances were not
described in the agenda.
2. Numerous separate actions were lumped together in Item 2 rather than listed as
separate agenda items, thus denying the public a meaningful opportunity to comment
on all of the items within the three minutes allotted to each speaker.
Your letter demands that the Council make an unconditional commitment to “cease, desist
from and not repeat the practice herein challenged as a violation of the Act.” The Council has
given careful attention to the issues you have raised and authorized me to send this response
on behalf of the Council. Each of the two allegations are addressed in detail below, but please
understand that the Council approached this matter understanding that we share a goal of
making sure that our agendas adequately inform the public of the matters to be addressed at
Council meetings and that the public is afforded an opportunity to participate in the Council
meetings. For that reason, we welcome the opportunity to engage in this dialogue.
Allegation #1
As referenced in your letter, Government Code Section 54954.2.(a)(1) provides that “at least 72
hours before a regular meeting, the legislative body of the local agency, or its designee, shall
post an agenda containing a brief general description of each item of business to be transacted
or discussed at the meeting, including items to be discussed in closed session. A brief general
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description of an item generally need not exceed 20 words.” (Emphasis added) 1 The purpose of
this requirement is to give reasonable notice to the public of the items of business to be taken
up at a meeting.
The City Council has reviewed the December 2, 2014 agenda item with your concerns in mind.
Item 2 was lengthy, occupying over two pages of the agenda. However, like most agenda
items, it is divided into two parts: the “Subject” and the “Recommended Action.” The Subject
sets forth the basic item, explaining the interrelated parts. Following the statement of the
subject is a list of separate recommended actions. Thirty-four separate attachments to the
staff report are specifically listed. The items under consideration are described with
particularity; for example:
1. The introduction of Item 2 on the bottom of Page 4 describes the General Plan
Amendment as including “citywide amendments to the City’s General Plan, including the
Housing Element, Heart of the City Specific Plan, Vallco Shopping District, heights
densities, commercial, retail, residential allocations, and recommendations on the
Housing Element sites.” This summary is reasonably descriptive and would put
interested parties on notice of what the Council intends to take up at the meeting.
2. Under the heading “Recommended Action,” item B recommends adoption of a list of
four resolutions and two ordinances, each of which is provided a brief but
understandable description.
The City Council believes that the agenda description of Item 2 served its purpose – it put
interested persons on notice of the subject matter and, in effect, invited them to review the
underlying documents,2 attend the meeting, and participate in the meeting. Over fifty persons
testified on December 2 in a hearing lasting four hours. The Council found this to be a robust
hearing on a difficult matter.
The Council is aware that members of your group have had the opportunity over the last few
months to review comparison tables for each element of the General Plan and to meet with
staff regarding them. It appears that your cease and demand letter was prompted by your
realization that the changes may be more extensive than you realized in December. While we
understand your concerns regarding the actions taken at the meeting, the agenda description
only defines the subject matters to be discussed (not the actions to be taken). The City Council
1 The bolded language in the second paragraph of your letter describes Government Code section 54954.2(a)(2) as
saying that a legislative body is “prohibited from taking action on or even discussing an item that is inadequately
described in the posted agenda.” That section does not use the phrase “inadequately described” and the
rhetorical device used in your letter is a bit misleading. Section 54952.2(a)(2) states that a legislative body may not
act on an item not listed in the agenda. The Los AngelesTimes case cited in that same paragraph deals with the
scope of subject matters authorized for closed sessions and provides no meaningful guidance on the issue of the
adequacy of agenda descriptions in the context you raise.
2 The staff report for Item 2 alone consists of 33 pages of detailed explanation. The report explains that the
hearing is the culmination of 18 months of meetings, workshops, surveys and community outreach.
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believes that the City has taken positive and effective action to reach out to the public
regarding the changes to the General Plan and we know that there remain concerns, which we
are currently addressing. But these are issues that go to the action that was taken not whether
the public was aware that the subject would be addressed. Your allegation that the December
2 agenda description was defective is misplaced.3 The purpose of the agenda within the
meaning of the Brown Act is not to explain the substantive content of the documents under
consideration but to put the public on notice of the subjects to be taken up in the meeting so
that persons interested in the subject matter may choose to participate in the meeting.
Finally, while we agree that agenda descriptions must be sufficient to serve the purpose of
alerting the public to the items to be discussed, and the City is absolutely committed to that,
we are concerned that the subject of your demand is far too subjective for us to measure
compliance. Even here we have disagreed over whether Item 2 on December 3, 2014 agenda
was “sufficient.” At bottom, the City and Better Cupertino have the same goal and that goal
will not be served by a meaningless commitment. Instead, it is served by the past and future
efforts of the City’s dedicated staff producing agendas that are communicative and helpful to
the public.
Allegation #2
Section 54954.3(a)of the Brown Act, which you partially quote in your letter, provides that
“every agenda for regular meetings shall provide an opportunity for members of the public to
directly address the legislative body on any item of interest to the public, before or during the
legislative body's consideration of the item, that is within the subject matter jurisdiction of the
legislative body.” Subparagraph (b) of that section further provides that “the legislative body of
a local agency may adopt reasonable regulations to ensure that the intent of subdivision (a) is
carried out, including, but not limited to, regulations limiting the total amount of time allocated
for public testimony on particular issues and for each individual speaker.”
The Brown Act does not regulate how agenda items are organized or whether agenda items
may consist of multiple actions. This is a matter within the discretion of the City. It has been
the City’s practice to include matters within the umbrella of a single agenda item when they are
related to one another.
You argue in your letter that inclusion of multiple subparts within an agenda item deprives the
public of meaningful participation because the City limits individual speakers to three minutes.
We do want to hear the public and we are mindful that the three minute limit may be
frustrating to some individuals. The overall effect of listening to 50 speakers for three minutes
each tends to be that a wide range of issues are raised and many points of view are expressed.
3 Your letter asserts that the public was “led to believe” certain things without any support or explanation for such
an allegation. It also speculates that decisions were made outside of public meetings without any evidentiary
support for such speculation. These allegations are too vague to allow for a response, but we assure you that all
deliberations and decisions in this matter were made at the properly noticed public meetings which members of
your group attended.
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The time limits on individual speakers enables the City to manage its meeting to provide
opportunities for more people to speak and the Council to deliberate. As you know, oral
participation is not the exclusive means of expressing views on agenda items – interested
persons are encouraged to put their comments in writing, all of which become part of the
public record. Written comments – whether by letter or email -- enable persons to
communicate a lot more information than can be imparted in oral comments.
The public was afforded a meaningful opportunity to participate on December 2. Over fifty
persons addressed the Council over the course of four hours. While individual speakers were
limited to three minutes, the cumulative effect of the testimony was precisely what is
contemplated by the Brown Act. The Council listened and gave that testimony ample
consideration, continuing the item to December 3, 2014 for further deliberation.
You appear to be demanding that the City cease using what you refer to as “omnibus” agenda
items. It is very hard to know how to implement such a demand. What makes an item
“omnibus?” How many related items are too many to incorporate into a single agenda item?
There is no accepted standard to guide the staff and many circumstances where including
several related recommendations in a single agenda item enhances public participation because
interrelated items can be addressed together, reducing confusion. For example, land use
approvals that include CEQA determinations require separate actions – action on the CEQA
determination and on the land use entitlement. Under the ruling in San Joaquin Raptor Rescue
v. County of Merced (2013) 216 Cal. App. 4th 1167, both actions must be separately listed on the
agenda to comply with the Brown Act. These two items belong together, it makes little sense
to separate them into separate agenda items and the Brown Act does not require it.
The subparts of item 2 on the December 2, 2014 agenda are all reasonably related to the City’s
land use planning initiatives related to the Housing Element update. As a matter of meeting
management, it makes sense that the Council would consider the items as a package in order to
address interrelation. Indeed, many of the action items were implementations or corollary
items. Taking up the items together is not inherently constraining to public participation,
although it necessarily reduces the total amount of time an individual may speak.
The absence of a commonly understood definition of an “omnibus” agenda item makes it
difficult for the Council to commit that the City will cease and desist from creating them. As is
the case with Allegation #1, whether an agenda description is “omnibus” cannot be ascertained
by an objective measurement.
The City is committed to transparency, good governance and compliance with the Brown Act.
While the December 2 agenda may not have been to everyone’s liking, it served its purpose
insofar as many people attended the meeting. We are committed to producing and publishing
agendas that are descriptive and clear and leave no doubt as to what matters of business the
Council intends to undertake. Likewise, we value public participation and intend to consider
your comments as we organize agendas in the future. Subparts of agenda items will be
organically related to each other so as together to constitute the whole of a single item of
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business. We are committed to listening to what our residents have to say about every agenda
item, and encourage not only oral participation but written comments which will be part of the
record.
That is the City Council’s unconditional commitment to the residents of our community.
The City Council may rescind this commitment only by a majority vote of its membership taken
in open session at a regular meeting and noticed on its posted agenda as "Rescission of Brown
Act Commitment." You will be provided with written notice, sent by any means or media you
provide in response to this message, to whatever address or addresses you specify, of any
intention to consider rescinding this commitment at least 30 days before any such regular
meeting. In the event that this commitment is rescinded, you will have the right to commence
legal action pursuant to subdivision (a) of Section 54960 of the Government Code. That notice
will be delivered to you by the same means as this commitment, or may be mailed to an
address that you have designated in writing.
Very truly yours,
Rod G. Sinks
Mayor
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:115-0967 Name:
Status:Type:Reports by Council and Staff Agenda Ready
File created:In control:7/13/2015 City Council
On agenda:Final action:9/15/2015
Title:Subject: Present Construction Project Update Report
Sponsors:
Indexes:
Code sections:
Attachments:
Action ByDate Action ResultVer.
City Council9/15/20151
Subject: Present Construction Project Update Report
Receive Construction Update Report
CITY OF CUPERTINO Printed on 9/9/2015Page 1 of 1
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:115-0741 Name:
Status:Type:Reports by Council and Staff Agenda Ready
File created:In control:2/24/2015 City Council
On agenda:Final action:9/15/2015
Title:Subject: Report on Committee assignments and general comments
Sponsors:
Indexes:
Code sections:
Attachments:
Action ByDate Action ResultVer.
City Council9/15/20151
Subject: Report on Committee assignments and general comments
Report on Committee assignments and general comments
CITY OF CUPERTINO Printed on 9/9/2015Page 1 of 1
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