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12-20-2016 Searchable packetCITY OF CUPERTINO AGENDA Tuesday, December 20, 2016 10300 Torre Avenue and 10350 Torre Avenue CITY COUNCIL 5:45 PM Non-televised Special Meeting Closed Session (5:45); Followed by Televised Regular 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, December 20, 2016, commencing at 5:45 p.m. in City Hall Conference Room A, 10300 Torre Avenue, Cupertino, California 95014 and the regular meeting following at 6:45 p.m. in Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, California 95014. Said special meeting shall be for the purpose of conducting business on the subject matters listed below under the heading, “Special Meeting." SPECIAL MEETING ROLL CALL - 5:45 PM 10300 Torre Avenue, City Hall Conference Room A CLOSED SESSION 1.Subject: Conference with Legal Counsel - Anticipated Litigation: Significant Exposure to litigation pursuant to paragraph (2) of subdivision (d) of Gov’t Code Section 54956.9 - Two Cases 2.Subject: Conference with Real Property Negotiators (Gov’t Code Section 54956.8); Property: Cupertino Municipal Water System; Agency Negotiator: Timm Borden; Negotiating Parties: City of Cupertino and San Jose Water Company; Under Negotiation: Terms for City Leased Asset ADJOURNMENT REGULAR MEETING Page 1 CITY OF CUPERTINO 1 December 20, 2016City Council AGENDA PLEDGE OF ALLEGIANCE - 6:45 PM 10350 Torre Avenue, Community Hall Council Chamber ROLL CALL 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: Approve the December 6 City Council minutes Recommended Action: Approve the December 6 City Council minutes A - Draft Minutes 2.Subject: Approve the December 8 City Council minutes Recommended Action: Approve the December 8 City Council minutes A - Draft Minutes 3.Subject: Accept Accounts Payable for the period ending October 21, 2016 Recommended Action: Adopt Resolution No. 16-133 accepting Accounts Payable for the period ending October 21, 2016 A - Draft Resolution B - AP Report 4.Subject: Accept Accounts Payable for the period ending October 28, 2016 Recommended Action: Adopt Resolution No. 16-134 accepting Accounts Payable for the period ending October 28, 2016 A - Draft Resolution B - AP Report 5.Subject: Accept Accounts Payable for the period ending November 4, 2016 Page 2 CITY OF CUPERTINO 2 December 20, 2016City Council AGENDA Recommended Action: Adopt Resolution No. 16-135 accepting Accounts Payable for the period ending November 4, 2016 A - Draft Resolution B - AP Report 6.Subject: Cancel the January 17 regular City Council meeting and call a special City Council meeting for January 24 Recommended Action: Cancel the January 17 regular City Council meeting and call a special City Council meeting for January 24 Staff Report 7.Subject: Move hearing date for objections to proposed removal of a public nuisance (weeds) to February 7 and amend resolution declaring weeds on certain described property to be a public nuisance to move the hearing for objections to proposed removal to February 7 Recommended Action: 1.) Move hearing date for objections to proposed removal of a public nuisance (weeds) to February 7; and 2.) Adopt Resolution No. 16-136 rescinding Resolution No. 16-125 and adopting an amended resolution declaring weeds on certain described property to be a public nuisance to move the hearing for objections to proposed removal to February 7 Staff Report A - Draft Resolution (Redline Version) B - Draft Resolution (Clean Version) 8.Subject: Accept resignation of Teen Commissioner Rishit Gundu and direct staff to fill the unscheduled vacancy with the annual Teen Commission recruitment in May 2017 (continued from December 6) Recommended Action: Accept resignation of Teen Commissioner Rishit Gundu and direct staff to fill the unscheduled vacancy with the annual Teen Commission recruitment in May 2017 Staff Report A - Resignation letter 9.Subject: Revise the recruitment process for all commissions to add designated alternates at the time of initial appointment of regular members Recommended Action: 1.) Adopt the Resolution No. 16-137 rescinding Resolution No. 10-048 and revising the commission recruitment process for all commissions other than the Teen Commission to add designated alternates at the time of initial appointment of regular members; and 2.) Adopt the Resolution No. 16-138 rescinding Resolution No. 09-115 and revising the commission recruitment process for the Teen Commission to add designated alternates at the time of initial appointment of regular members Page 3 CITY OF CUPERTINO 3 December 20, 2016City Council AGENDA Staff Report A - Draft Resolution for All Advisory Bodies (Redline Version) B - Draft Resolution for All Advisory Bodies (Clean Version) C - Draft Resolution for Teen Commission (Redline Version) D - Draft Resolution for Teen Commission (Clean Version) 10.Subject: Pasadena Avenue Public Improvements Project - Increase in Contract Contingency Authorization Recommended Action: Authorize an increase in the construction contingency amount by an additional $8,000 with funds from the current appropriated project budget of $827,000 Staff Report A - Before and After Photos SECOND READING OF ORDINANCES PUBLIC HEARINGS ORDINANCES AND ACTION ITEMS 11.Subject: Discuss video contest for Friendship and Sister cities Recommended Action: Discuss video contest for Friendship and Sister cities REPORTS BY COUNCIL AND STAFF 12.Subject: Report on Committee assignments and general comments Recommended Action: Report on Committee assignments and general comments ADJOURNMENT Page 4 CITY OF CUPERTINO 4 December 20, 2016City Council AGENDA The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6; litigation challenging a final decision of the City Council must be brought within 90 days after a decision is announced unless a shorter time is required by State or Federal law. Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City’s decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk’s office for more information or go to http://www.cupertino.org/index.aspx?page=125 for a reconsideration petition form. In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend the next City Council meeting who is visually or hearing impaired or has any disability that needs special assistance should call the City Clerk's Office at 408-777-3223, 48 hours in advance of the Council meeting to arrange for assistance. Upon request, in advance, by a person with a disability, City Council meeting agendas and writings distributed for the meeting that are public records will be made available in the appropriate alternative format. Also upon request, in advance, an assistive listening device can be made available for use during the meeting. Any writings or documents provided to a majority of the Cupertino City Council after publication of the packet will be made available for public inspection in the City Clerk’s Office located at City Hall, 10300 Torre Avenue, during normal business hours and in Council packet archives linked from the agenda/minutes page on the Cupertino web site. Members of the public are entitled to address the City Council concerning any item that is described in the notice or agenda for this meeting, before or during consideration of that item. If you wish to address the Council on any issue that is on this agenda, please complete a speaker request card located in front of the Council, and deliver it to the Clerk prior to discussion of the item. When you are called, proceed to the podium and the Mayor will recognize you. If you wish to address the City Council on any other item not on the agenda, you may do so by during the public comment portion of the meeting following the same procedure described above. Please limit your comments to three (3) minutes or less. Page 5 CITY OF CUPERTINO 5 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:116-2194 Name: Status:Type:Closed Session Agenda Ready File created:In control:11/21/2016 City Council On agenda:Final action:12/20/2016 Title:Subject: Conference with Legal Counsel - Anticipated Litigation: Significant Exposure to litigation pursuant to paragraph (2) of subdivision (d) of Gov’t Code Section 54956.9 - Two Cases Sponsors: Indexes: Code sections: Attachments: Action ByDate Action ResultVer. Subject:ConferencewithLegalCounsel-AnticipatedLitigation:SignificantExposureto litigationpursuanttoparagraph(2)ofsubdivision(d)ofGov’tCodeSection54956.9-Two Cases CITY OF CUPERTINO Printed on 12/14/2016Page 1 of 1 powered by Legistar™6 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:116-2195 Name: Status:Type:Closed Session Agenda Ready File created:In control:11/21/2016 City Council On agenda:Final action:12/20/2016 Title:Subject: Conference with Real Property Negotiators (Gov’t Code Section 54956.8); Property: Cupertino Municipal Water System; Agency Negotiator: Timm Borden; Negotiating Parties: City of Cupertino and San Jose Water Company; Under Negotiation: Terms for City Leased Asset Sponsors: Indexes: Code sections: Attachments: Action ByDate Action ResultVer. Subject:ConferencewithRealPropertyNegotiators(Gov’tCodeSection54956.8);Property: CupertinoMunicipalWaterSystem;AgencyNegotiator:TimmBorden;NegotiatingParties: CityofCupertinoandSanJoseWaterCompany;UnderNegotiation:TermsforCityLeased Asset CITY OF CUPERTINO Printed on 12/14/2016Page 1 of 1 powered by Legistar™7 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:116-2140 Name: Status:Type:Consent Calendar Agenda Ready File created:In control:11/7/2016 City Council On agenda:Final action:12/20/2016 Title:Subject: Approve the December 6 City Council minutes Sponsors: Indexes: Code sections: Attachments:A - Draft Minutes Action ByDate Action ResultVer. City Council12/20/20161 Subject: Approve the December 6 City Council minutes Approve the December 6 City Council minutes CITY OF CUPERTINO Printed on 12/14/2016Page 1 of 1 powered by Legistar™8 DRAFT MINUTES CUPERTINO CITY COUNCIL Tuesday, December 6, 2016 SPECIAL CITY COUNCIL MEETING ROLL CALL At 5:30 p.m. Mayor Barry Chang called the City Council meeting to order in Cupertino City Hall Conference Room A, 10300 Torre Avenue. Present: Mayor Barry Chang, Vice Mayor Savita Vaidhyanathan, and Council members Rod Sinks and Gilbert Wong. Absent: Council member Darcy Paul. CLOSED SESSION 1. Subject: Conference with Legal Counsel-Existing Litigation pursuant to Paragraph (1) of subdivision (d) of Government Code Section 54956.9. Name of case: City of Saratoga; City of Cupertino; Town of Los Gatos v. California Department of Transportation, et al. Mayor Chang announced that Council gave direction to staff. STUDY SESSION At 6:20 p.m. Mayor Chang re-convened the Special City Council meeting in Cupertino Community Hall Council Chambers, 10350 Torre Avenue and led the Pledge of Allegiance. Present: Mayor Barry Chang, Vice Mayor Savita Vaidhyanathan, and Council members Rod Sinks, Darcy Paul (6:45 p.m.) and Gilbert Wong. Absent: None. 2. Subject: Aircraft Noise Study Session Recommended Action: Conduct study session and provide direction to staff Written communications for this item included an email and attachment. City Manager David Brandt reviewed the staff report. 9 City Council Minutes December 6, 2016 2 The following individuals spoke: Minna Xu Larry Russell Ruhna Yonj, Tony Guan, Jing Liu on behalf of Save my Sunny Sky Qin Pan Ben Yu Liang Chao Muni Madhdapatla Lisa Warren Saratoga City Council member Mary-Lynn Bernald Council gave direction to staff to identify a staff liaison and to write a letter to the Federal Aviation Administration. The Mayor will work with the City Manager and Council member Paul to represent Council in the letter. ADJOURNMENT At 7:54 p.m. Mayor Chang adjourned the Special City Council meeting. REGULAR CITY COUNCIL MEETING At 7:55 p.m. Mayor Barry Chang convened the Regular City Council meeting in Cupertino Community Hall Council Chambers, 10350 Torre Avenue. ROLL CALL Present: Mayor Barry Chang, Vice Mayor Savita Vaidhyanathan, and Councilmembers Darcy Paul, Rod Sinks and Gilbert Wong. Absent: None. Mayor Chang reordered the agenda to take up item number 2 under Ceremonial Matters and Presentations first. CEREMONIAL MATTERS AND PRESENTATIONS 2. Subject: Presentation of Teen Commission FY 16-17 Work Plan Recommended Action: Receive presentation of Teen Commission FY 16-17 Work Plan 10 City Council Minutes December 6, 2016 3 Written communications for this item included a PowerPoint presentation. Teen Commissioners Meesha Reiisieh, Ankita Sahni and Anooj Vadodkar presented the Teen Commission FY 16-17 Work Plan via a PowerPoint presentation. Council received the presentation. The meeting continued with item number one under Study Session. STUDY SESSION 1. Subject: Study Session on Wireless Facilities within the Public Right of Way Recommended Action: Recommend that the City Council conduct a study session and provide direction on the proposed use of public street light poles to mount small cellular facilities Written communications for this item included a PowerPoint presentation. Director of Public Works Timm Borden introduced the item and David Witkowski, Executive Director of Joint Venture Silicon Valley. He began the presentation with a PowerPoint. Senior Civil Engineer Chad Mosely continued the PowerPoint presentation. Scott Harry and Greg Guerazzi from Crown Castle and staff answered questions from Council. POSTPONEMENTS - None ORAL COMMUNICATIONS Ed Hirshfield talked about the Hills at Vallco project and Measure C. Sujatha Venkatraman on behalf of West Valley Community Services (WVCS) talked about Vallco Farmer’s Market closing and the impact that would have to WVCS. CONSENT CALENDAR Sinks moved and Vaidhyanathan seconded to approve the items on the Consent Calendar as presented with the exception of item number 6 which was pulled for discussion. Ayes: Chang, 11 City Council Minutes December 6, 2016 4 Vaidhyanathan, Paul, Sinks and Wong. Noes: None. Abstain: None. Absent: None. Recuse: Sinks recused on item number 9. 3. Subject: Approve the November 15 City Council minutes Recommended Action: Approve the November 15 City Council minutes 4. Subject: Accept Accounts Payable for the period ending October 7, 2016 Recommended Action: Adopt Resolution No. 16-129 accepting Accounts Payable for the period ending October 7, 2016 5. Subject: Accept Accounts Payable for the period ending October 14, 2016 Recommended Action: Adopt Resolution No. 16-130 accepting Accounts Payable for the period ending October 14, 2016 6. Subject: Accept resignation of Teen Commissioner Rishit Gundu and direct staff to fill the unscheduled vacancy with the annual Teen Commission recruitment in May 2017 Recommended Action: Accept resignation of Teen Commissioner Rishit Gundu and direct staff to fill the unscheduled vacancy with the annual Teen Commission recruitment in May 2017 Wong moved and Chang seconded to continue the item to December 20. The motion carried unanimously. 7. Subject: Establishment of Friendship City Relationships Recommended Action: Review and consider 11 applications establishing Friendship City relationships with Luoyang, People’s Republic of China; Qingdao, People’s Republic of China; Shanghai, People’s Republic of China; Shenzhen, People’s Republic of China; Suzhou, People’s Republic of China; Wuhan, People’s Republic of China; Yilan, Taiwan, Republic of China; and Zhaoqing, People’s Republic of China; and Guro, Seoul, South Korea 8. Subject: Enter into a subordination agreement with River City Bank and Joint Powers Authority members of the Silicon Valley Clean Energy Authority Recommended Action: Authorize the City Manager to sign the subordination agreement with River City Bank and Joint Powers Authority members of the Silicon Valley Clean Energy Authority 12 City Council Minutes December 6, 2016 5 9. Subject: Budget adjustment regarding the Apple Campus 2 contracts Recommended Action: Approve the budget allocations necessary to execute the approved contracts in order to complete work at Apple Campus 2 through the end of Fiscal Year 2017 10. Subject: Application for Alcohol Beverage License for Amami Shima Sushi Corp, 19068 Stevens Creek Boulevard Recommended Action: Recommend approval to the California Department of Alcoholic Beverage Control of the application for Alcohol Beverage License for Amami Shima Sushi Corp, 19068 Stevens Creek Boulevard SECOND READING OF ORDINANCES 11. Subject: Second reading of an ordinance amending Chapter 19.08, Definitions, of the Municipal Code to add definitions of “financial institutions” and “banks” that expressly exclude payday lending and check cashing businesses with the intent to disallow such uses from operating within the City of Cupertino. (Application No(s): MCA-2016-04; Applicant(s): City of Cupertino; Location: City-wide) Recommended Action: Conduct the second reading and enact Ordinance No. 16-2157, “An Ordinance of the City Council of the City of Cupertino Amending the Cupertino Municipal Code, Title 19, Zoning, Section 19.08.030, entitled “Definitions” to add the definition of “financial institutions” and “banks” to expressly exclude payday lending and check cashing businesses with the intent to disallow such uses from operating within the City of Cupertino” City Clerk Grace Schmidt read the title of the ordinance. Wong moved and Chang seconded to read Ordinance No. 16-2157 by title only and that the City Clerk’s reading would constitute the second reading thereof. Ayes: Chang, Vaidhyanathan, Paul, Sinks and Wong. Noes: None. Abstain: None. Absent: None. Wong moved and Chang seconded to enact Ordinance No. 16-2157. Ayes: Chang, Vaidhyanathan, Paul, Sinks and Wong. Noes: None. Abstain: None. Absent: None. Council recessed from 9:03 p.m. to 9:11 p.m. 12. Subject: Second reading of an ordinance amending the Cupertino Municipal Code regarding the regulation, location, and the keeping of bees in the City and to make 13 City Council Minutes December 6, 2016 6 other conforming changes for clarification and internal consistency. Application No(s): MCA-2016-03; Applicant(s): City of Cupertino; Location: Citywide Recommended Action: Conduct the second reading and enact Ordinance No. 16-2158: "An ordinance of the City Council of the City of Cupertino to amend Chapter 8.07, Beekeeping, and Table 19.20.020 of Chapter 19.20, Permitted, Conditional, and Excluded Uses in Agricultural and Residential Zones, regarding the regulation, location, and the keeping of bees in the City and to make other conforming changes to Table 19.20.020 for clarification and internal consistency" City Clerk Grace Schmidt read the title of the ordinance. Paul moved and Wong seconded to read Ordinance No. 16-2158 by title only and that the City Clerk’s reading would constitute the second reading thereof. Ayes: Chang, Vaidhyanathan, Paul, Sinks and Wong. Noes: None. Abstain: None. Absent: None. Paul moved and Sinks seconded to enact Ordinance No. 16-2158. Ayes: Chang, Vaidhyanathan, Paul, Sinks and Wong. Noes: None. Abstain: None. Absent: None. 13. Subject: Second Reading of an ordinance amending the Cupertino Municipal Code related to accessory dwelling units to conform with State Law and for internal consistency. (Application No. MCA-2016-05; Applicant: City of Cupertino; Location: City-wide) Recommended Action: Conduct the second reading and enact Ordinance No. 16-2159 “An ordinance of the City Council of the City of Cupertino amending Title 19, Zoning, of the Cupertino Municipal Code including but not limited to Chapter 19.08 (Definitions), Chapter 19.20 (Permitted, Conditional and Excluded Uses in Agricultural and Residential Zones), Chapter 19.24 (Agricultural (A) and Agricultural - Residential (A-1) Zones), Chapter 19.32 (Residential Duplex (R-2) Zones), Chapter 19.52 (Reasonable Accommodation), and Chapter 19.112 (Second Dwelling Units in R-1, RHS, A and A-1 Zones), in response to recently adopted State legislation regarding accessory dwelling units for compliance with State Law, and for internal consistency" City Clerk Grace Schmidt read the title of the ordinance. Jennifer Griffin spoke on this item. Wong moved and Vaidhyanathan seconded to read Ordinance No. 16-2159 by title only and that the City Clerk’s reading would constitute the second reading thereof. 14 City Council Minutes December 6, 2016 7 Ayes: Chang, Vaidhyanathan, Paul, Sinks and Wong. Noes: None. Abstain: None. Absent: None. Wong moved and Vaidhyanathan seconded to enact Ordinance No. 16-2159. Ayes: Chang, Vaidhyanathan, Paul, Sinks and Wong. Noes: None. Abstain: None. Absent: None. PUBLIC HEARINGS 14. Subject: Appeal of Kimberly Sandstrom Appeal Regarding Eligibility to Purchase Below Market Rate (BMR) Unit (Continued from November 1) Recommended Action: Approve Resolution No. 16-101 regarding the appeal of Ms. Kimberly Sandstrom and affirming the recommendation of the Housing Commission regarding the eligibility of Ms. Sandstrom to purchase a BMR unit City Manager David Brandt noted that this item was continued, the public hearing has been closed and staff has no further information. Assistant City Manager Aarti Shrivastava introduced Kerri Heusler, the new Senior Planner for housing. Council recessed to a closed session on this item from 9:27 p.m. to 9:33 p.m. Sinks moved and Chang seconded to adopt Resolution No. 16-101 regarding the appeal of Ms. Kimberly Sandstrom and affirming the recommendation of the Housing Commission regarding the eligibility of Ms. Sandstrom to purchase a BMR unit. The motion carried unanimously. 15. Subject: Fiscal Year 2016-2017 Fee Schedule Amendment Recommended Action: Adopt Resolution No. 16-131 approving an amended Fiscal Year 2016-2017 Fee Schedule, effective February 6, 2017 Deputy City Manager Jaqui Guzman reviewed the staff report. Mayor Chang opened the public hearing and the following individuals spoke: Harry Greenwood on behalf of the De Anza Optimist Club. Mayor Chang closed the public hearing. 15 City Council Minutes December 6, 2016 8 Wong moved and Paul seconded to adopt Resolution No. 16-131 approving an amended Fiscal Year 2016-2017 Fee Schedule, effective February 6, 2017. The motion carried with Chang and Sinks voting no. ORDINANCES AND ACTION ITEMS 16. Subject: Consider upgrading the City’s municipal electric accounts to 100% renewable and carbon free GreenPrime service with Silicon Valley Clean Energy upon service launch, which is scheduled to occur in April 2017 Recommended Action: Direct Silicon Valley Clean Energy (SVCE) to upgrade the City’s electricity accounts to GreenPrime service, upon service launch in April 2017 Sustainability Manager Misty Mersich reviewed the staff report. Wong moved and Paul seconded to direct Silicon Valley Clean Energy (SVCE) to upgrade the City’s electricity accounts to GreenPrime service, upon service launch in April 2017. The motion carried unanimously. 17. Subject: Request from the Taipei Friendship City Committee for City to Sponsor a Smart City Conference in May of 2017 (continued from October 18) Recommended Action: Sponsor the proposed Smart City Conference Paul Chu and Kittur Nagesh from Taipei Friendship City Committee reviewed a PowerPoint presentation to answer questions Council had at the October 18 meeting. Wong moved and Paul seconded to approve the request from the Taipei Friendship City Committee for the City to sponsor a Smart City Conference in 2017 with no financial support from the City of Cupertino with the exception of social media, logo and nominal staff. The committee would be required to come back to Council for any additional support. The motion carried unanimously. REPORTS BY COUNCIL AND STAFF 18. Subject: Report on Committee assignments and general comments Recommended Action: Report on Committee assignments and general comments Council members highlighted the activities of their committees and various community events. 16 City Council Minutes December 6, 2016 9 ADJOURNMENT At 10:45 p.m., Mayor Chang adjourned the meeting. _______________________ Grace Schmidt, City Clerk 17 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:116-1891 Name: Status:Type:Consent Calendar Agenda Ready File created:In control:8/4/2016 City Council On agenda:Final action:12/20/2016 Title:Subject: Approve the December 8 City Council minutes Sponsors: Indexes: Code sections: Attachments:A - Draft Minutes Action ByDate Action ResultVer. City Council12/20/20161 Subject: Approve the December 8 City Council minutes Approve the December 8 City Council minutes CITY OF CUPERTINO Printed on 12/14/2016Page 1 of 1 powered by Legistar™18 DRAFT MINUTES CUPERTINO CITY COUNCIL Thursday, December 8, 2016 SPECIAL CITY COUNCIL MEETING PLEDGE OF ALLEGIANCE At 7:00 p.m. Mayor Barry Chang called the City Council meeting to order in Cupertino Community Hall Council Chambers, 10350 Torre Avenue and led the Pledge of Allegiance. ROLL CALL Present: Mayor Barry Chang, Vice Mayor Savita Vaidhyanathan, and Council members Darcy Paul, Rod Sinks and Gilbert Wong. Absent: None. POSTPONEMENTS - None ORAL COMMUNICATIONS - None ELECTION RESULTS 1. Subject: Receive declaration of election results for the General Municipal Election held on November 8, 2016 Recommended Action: Adopt Resolution No. 16-132 receiving the declaration of election results for the General Municipal Election held on November 8, 2016 Written communications for this item included the Certificate of Election Results from the Santa Clara County Registrar of Voters. City Clerk Grace Schmidt noted the election results for the General Municipal Election held on November 8, 2016. Liana Crabtree talked about Measure C and to reconsider the election process for electing the Mayor. 19 City Council Minutes December 8, 2016 2 Wong moved and Vaidhyanathan seconded to adopt Resolution No. 16-132 receiving the declaration of election results for the General Municipal Election held on November 8, 2016. The motion carried unanimously. RECOGNITION OF OUTGOING COUNCIL MEMBER 2. Subject: Recognition of outgoing Council member Gilbert Wong Recommended Action: Recognize outgoing Council member Gilbert Wong Outgoing Council member Gilbert Wong was recognized. A video was shown noting his years on the City Council and City Manager David Brandt and Mayor Chang presented him with gifts of three photos and a memory box. Members of the Council and public thanked Council member Wong for his years of service on the Council. OATH OF OFFICE 3. Subject: Oath of Office is given to newly-elected Council members Rod Sinks and Steven Scharf Recommended Action: Oath of Office is given to newly-elected Council members Rod Sinks and Steven Scharf Newly-elected Council member Rod Sinks received the Oath of Office from his daughter Kristina Sinks. Newly-elected Council member Steven Scharf received the Oath of Office from City Clerk Grace Schmidt. ELECTION OF MAYOR AND VICE MAYOR 4. Subject: Council members elect Mayor Recommended Action: Make nominations and elect Mayor Mayor Chang asked if anyone wished to speak on this item and there were no speakers. Paul moved and Sinks seconded to nominate Savita Vaidhyanathan as Mayor. The motion carried unanimously. 20 City Council Minutes December 8, 2016 3 5. Subject: Council members elect Vice Mayor Recommended Action: Make nominations and elect Vice Mayor Mayor Chang asked if anyone wished to speak on this item and there were no speakers. Scharf moved and Vaidhyanathan seconded to nominate Darcy Paul as Vice Mayor. The motion carried unanimously. OATH OF OFFICE 6. Subject: Mayor takes Oath of Office Recommended Action: Mayor takes Oath of Office Newly-elected Mayor Savita Vaidhyanathan received the Oath of Office from her daughter Anagha Vaidhyanathan. 7. Subject: Vice Mayor takes Oath of Office Recommended Action: Vice Mayor takes Oath of Office Newly-elected Vice Mayor Darcy Paul received the Oath of Office from City Clerk Grace Schmidt. COMMENTS BY NEW MAYOR 8. Subject: Comments by New Mayor and presentation of gifts Recommended Action: Comments by New Mayor and presentation of gifts Mayor Vaidhyanathan and City Manager David Brandt presented out-going Mayor Chang with gifts of a gavel plaque and two photos thanking him for his service as Mayor. Mayor Vaidhyanathan made comments. COMMENTS BY COUNCIL MEMBERS AND PUBLIC 9. Subject: Comments by Council members Recommended Action: Comments by Council members 21 City Council Minutes December 8, 2016 4 Council members made comments. 10. Subject: Members of the audience are invited to speak Recommended Action: Members of the audience are invited to speak Mayor Vaidhyanathan invited members of the audience to speak and a number of individuals congratulated the newly-elected Council members, Mayor and Vice Mayor. Mayor Vaidhyanathan invited the Rungmunch Dance Group to perform a Fusion Number. RECEPTION 11. Subject: The public is invited to attend a reception in the lobby Recommended Action: The public is invited to attend a reception in the lobby Mayor Vaidhyanathan invited the public to attend a reception in the lobby. ADJOURNMENT At 9:20 p.m., Mayor Vaidhyanathan adjourned the meeting. _______________________ Grace Schmidt, City Clerk 22 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:116-2212 Name: Status:Type:Consent Calendar Agenda Ready File created:In control:12/5/2016 City Council On agenda:Final action:12/20/2016 Title:Subject: Accept Accounts Payable for the period ending October 21, 2016 Sponsors: Indexes: Code sections: Attachments:A - Draft Resolution B - AP Report Action ByDate Action ResultVer. City Council12/20/20161 Subject: Accept Accounts Payable for the period ending October 21, 2016 AdoptResolutionNo.16-133acceptingAccountsPayablefortheperiodendingOctober21, 2016 CITY OF CUPERTINO Printed on 12/14/2016Page 1 of 1 powered by Legistar™23 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 October 21, 2016 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 20th day of December, 2016, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: _________________________ ________________________ Grace Schmidt, City Clerk Savita Vaidhyanathan, Mayor, City of Cupertino 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:116-2213 Name: Status:Type:Consent Calendar Agenda Ready File created:In control:12/5/2016 City Council On agenda:Final action:12/20/2016 Title:Subject: Accept Accounts Payable for the period ending October 28, 2016 Sponsors: Indexes: Code sections: Attachments:A - Draft Resolution B - AP Report Action ByDate Action ResultVer. City Council12/20/20161 Subject: Accept Accounts Payable for the period ending October 28, 2016 AdoptResolutionNo.16-134acceptingAccountsPayablefortheperiodendingOctober28, 2016 CITY OF CUPERTINO Printed on 12/14/2016Page 1 of 1 powered by Legistar™41 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 October 28, 2016 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 20th day of December, 2016, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: _________________________ ________________________ Grace Schmidt, City Clerk Savita Vaidhyanathan, Mayor, City of Cupertino 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:116-2214 Name: Status:Type:Consent Calendar Agenda Ready File created:In control:12/5/2016 City Council On agenda:Final action:12/20/2016 Title:Subject: Accept Accounts Payable for the period ending November 4, 2016 Sponsors: Indexes: Code sections: Attachments:A - Draft Resolution B - AP Report Action ByDate Action ResultVer. City Council12/20/20161 Subject: Accept Accounts Payable for the period ending November 4, 2016 AdoptResolutionNo.16-135acceptingAccountsPayablefortheperiodendingNovember4, 2016 CITY OF CUPERTINO Printed on 12/14/2016Page 1 of 1 powered by Legistar™59 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 November 4, 2016 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 20th day of December, 2016, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: _________________________ ____________________________ Grace Schmidt, City Clerk Savita Vaidhyanathan, Mayor, City of Cupertino 60 61 62 63 64 65 66 67 68 69 70 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:116-2168 Name: Status:Type:Consent Calendar Agenda Ready File created:In control:11/10/2016 City Council On agenda:Final action:12/20/2016 Title:Subject: Cancel the January 17 regular City Council meeting and call a special City Council meeting for January 24 Sponsors: Indexes: Code sections: Attachments:Staff Report Action ByDate Action ResultVer. City Council12/20/20161 Subject:CanceltheJanuary17regularCityCouncilmeetingandcallaspecialCityCouncil meeting for January 24 CanceltheJanuary17regularCityCouncilmeetingandcallaspecialCityCouncilmeetingfor January 24 CITY OF CUPERTINO Printed on 12/14/2016Page 1 of 1 powered by Legistar™71 OFFICE OF THE CITY CLERK CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3223 www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: December 20, 2016 Subject Cancel the January 17 regular City Council meeting and call a special City Council meeting for January 24. Recommended Action Cancel the January 17 regular City Council meeting and call a special City Council meeting for January 24. Discussion The purpose for cancelling the regular meeting date and scheduling an alternate meeting date is to accommodate Council member schedules and to ensure a quorum. 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: None 72 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:116-2179 Name: Status:Type:Consent Calendar Agenda Ready File created:In control:11/15/2016 City Council On agenda:Final action:12/20/2016 Title:Subject: Move hearing date for objections to proposed removal of a public nuisance (weeds) to February 7 and amend resolution declaring weeds on certain described property to be a public nuisance to move the hearing for objections to proposed removal to February 7 Sponsors: Indexes: Code sections: Attachments:Staff Report A - Draft Resolution (Redline Version) B - Draft Resolution (Clean Version) Action ByDate Action ResultVer. City Council12/20/20161 Subject:Movehearingdateforobjectionstoproposedremovalofapublicnuisance(weeds)to February7andamendresolutiondeclaringweedsoncertaindescribedpropertytobeapublic nuisance to move the hearing for objections to proposed removal to February 7 1.)Movehearingdateforobjectionstoproposedremovalofapublicnuisance(weeds)to February 7; and 2.)AdoptResolutionNo.16-136rescindingResolutionNo.16-125andadoptinganamended resolutiondeclaringweedsoncertaindescribedpropertytobeapublicnuisancetomovethe hearing for objections to proposed removal to February 7 CITY OF CUPERTINO Printed on 12/14/2016Page 1 of 1 powered by Legistar™73 OFFICE OF THE CITY CLERK CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3223 www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: December 20, 2016 Subject 1.) Move hearing date for objections to proposed removal of a public nuisance (weeds) to February 7; and 2.) Adopt Draft Resolution rescinding Resolution No. 16-125 and adopting an amended resolution declaring weeds on certain described property to be a public nuisance to move the hearing for objections to proposed removal to February 7 Recommended Action 1.) Move hearing date for objections to proposed removal of a public nuisance (weeds) to February 7; and 2.) Adopt Draft Resolution rescinding Resolution No. 16-125 and adopting an amended resolution declaring weeds on certain described property to be a public nuisance to move the hearing for objections to proposed removal to February 7 Discussion On November 15, 2016 Council adopted Resolution No. 16-125 declaring weeds a nuisance and setting a (weeds) hearing date of January 17 for objections to proposed removal. If Council chooses to cancel the January 17 regular City Council meeting, the weeds hearing date will need to be amended to the next regular Council meeting date of February 7. 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 – Draft Resolution (Redline Version) B – Draft Resolution (Clean Version) 74 RESOLUTION NO. 16-125 A RESOLUTION OF THE CUPERTINO CITY COUNCIL RESCINDING RESOLUTION NO. 16-125 AND ADOPTING AN AMENDED RESOLUTION DECLARING WEEDS ON CERTAIN DESCRIBED PROPERTY TO BE A PUBLIC NUISANCE AND SETTING ATO MOVE THE HEARING FOR OBJECTIONS TO PROPOSED REMOVAL TO FEBRUARY 7 WHEREAS, weeds are growing in the City of Cupertino upon certain streets, sidewalks, highways, roads and private property; and WHEREAS, said weeds may attain such growth as to become a fire menace or which are otherwise noxious or dangerous; and WHEREAS, said weeds constitute a public nuisance; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cupertino as follows: 1. That said weeds do now constitute a public nuisance; 2. That said nuisance exists upon all of the streets, sidewalks, highways, roads and private property more particularly described by common names or by reference to the tract, block, lot, code area, and parcel number on the report prepared by the Agricultural Commissioner and attached hereto; 3. That the 17th day of JanuaryFebruary, 2017, at the hour of 6:45 p.m., or as soon thereafter as the matter can be heard, in the Council Chamber in the Community Hall, City of Cupertino, is hereby set as the time and place where all property owners having any objections to the proposed removal of such weeds may be heard; 4. That the Agricultural Commissioner is hereby designated and ordered as the person to cause notice of the adoption of this resolution to be given in the manner and form provided in Sections 9.08.040 of the Cupertino Municipal Code. 75 Resolution No. 16-125 Page 2 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 15th 20th day of NovemberDecember, 2016, by the following vote: Vote Members of the City Council AYES: Chang, Vaidhyanathan, Paul, Sinks NOES: None ABSENT: Wong ABSTAIN: None ATTEST: APPROVED: /s/Grace Schmidt /s/Barry Chang ______________________ ________________________________ Grace Schmidt, City Clerk Barry ChangSavita Vaidhyanathan, Mayor, City of Cupertino 76 RESOLUTION NO. 16- A RESOLUTION OF THE CUPERTINO CITY COUNCIL RESCINDING RESOLUTION NO. 16-125 AND ADOPTING AN AMENDED RESOLUTION DECLARING WEEDS ON CERTAIN DESCRIBED PROPERTY TO BE A PUBLIC NUISANCE TO MOVE THE HEARING FOR OBJECTIONS TO PROPOSED REMOVAL TO FEBRUARY 7 WHEREAS, weeds are growing in the City of Cupertino upon certain streets, sidewalks, highways, roads and private property; and WHEREAS, said weeds may attain such growth as to become a fire menace or which are otherwise noxious or dangerous; and WHEREAS, said weeds constitute a public nuisance; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cupertino as follows: 1. That said weeds do now constitute a public nuisance; 2. That said nuisance exists upon all of the streets, sidewalks, highways, roads and private property more particularly described by common names or by reference to the tract, block, lot, code area, and parcel number on the report prepared by the Agricultural Commissioner and attached hereto; 3. That the 7th day of February, 2017, at the hour of 6:45 p.m., or as soon thereafter as the matter can be heard, in the Council Chamber in the Community Hall, City of Cupertino, is hereby set as the time and place where all property owners having any objections to the proposed removal of such weeds may be heard; 4. That the Agricultural Commissioner is hereby designated and ordered as the person to cause notice of the adoption of this resolution to be given in the manner and form provided in Sections 9.08.040 of the Cupertino Municipal Code. 77 Resolution No. 16- Page 2 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 20th day of December, 2016, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: ______________________ ________________________________ Grace Schmidt, City Clerk Savita Vaidhyanathan, Mayor, City of Cupertino 78 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:116-2215 Name: Status:Type:Consent Calendar Agenda Ready File created:In control:12/7/2016 City Council On agenda:Final action:12/20/2016 Title:Subject: Accept resignation of Teen Commissioner Rishit Gundu and direct staff to fill the unscheduled vacancy with the annual Teen Commission recruitment in May 2017 (continued from December 6) Sponsors: Indexes: Code sections: Attachments:Staff Report A - Resignation letter Action ByDate Action ResultVer. City Council12/20/20161 Subject:AcceptresignationofTeenCommissionerRishitGunduanddirectstafftofillthe unscheduledvacancywiththeannualTeenCommissionrecruitmentinMay2017(continued from December 6) AcceptresignationofTeenCommissionerRishitGunduanddirectstafftofilltheunscheduled vacancy with the annual Teen Commission recruitment in May 2017 CITY OF CUPERTINO Printed on 12/14/2016Page 1 of 1 powered by Legistar™79 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: December 20, 2016 Subject Accept resignation of Teen Commissioner Rishit Gundu and direct staff to fill the unscheduled vacancy with the Teen Commission annual recruitment in May (continued from December 6). Recommended Action Accept resignation of Teen Commissioner Rishit Gundu and direct staff to fill the unscheduled vacancy with the Teen Commission annual recruitment in May (continued from December 6). Discussion Teen Commissioner Rishit Gundu has notified Council and staff of his resignation, effective immediately, which creates an unscheduled (partial) vacancy for the remainder of his term ending May 2017. Cupertino Resolution No. 10-048 states that:  Posting for unscheduled vacancies shall be posted no earlier than 20 days before nor later than 20 days after the vacancy occurs, and at least 10 working days before appointment. The vacancy notice will be posted on December 7, satisfying the posting requirements. As outlined in a subsequent agenda item, staff is recommending that Council amend the resolution governing commission appointments, in addition to the Teen Commission Resolution, to add alternate designations to the appointment process to prevent prolonged commission vacancies and allow for alternates to step-in to fill open seats. Sustainability Impact None 80 Fiscal Impact None _____________________________________ Prepared by: Grace Schmidt, City Clerk Approved for Submission by: David Brandt, City Manager Attachments: A – Resignation letter 81 Dear City of Cupertino Council Members, I am writing this letter to inform you that I have recently shifted my place of residence from Cupertino to Sunnyvale. I’m aware that one of the requirements of being a Teen Commissioner is to be a resident of Cupertino, so I am announcing my resignation from the Cupertino Teen Commission. Please know that it was a very abrupt decision and was caused by a combination of unexpected and unavoidable circumstances. The time I spent on the Teen Commission this year and last year has truly been a wonderful experience that has provided me with a plethora of experiences and lessons that I will ultimately carry on with me for the rest of my senior year, college and beyond. I want to thank the City Council for providing me with this great opportunity and I profusely apologize for this unexpected burden. Sincerely, Rishit Gundu CITY OF CUPERTINO RECREATION & COMMUNITY SERVICES DEPARTMENT 10185 N. STELLING RD. CUPERTINO, CA 95014 OFFICE: (408) 777-3120 | FAX: (408) 777-3137 82 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:116-2225 Name: Status:Type:Consent Calendar Agenda Ready File created:In control:12/12/2016 City Council On agenda:Final action:12/20/2016 Title:Subject: Revise the recruitment process for all commissions to add designated alternates at the time of initial appointment of regular members Sponsors: Indexes: Code sections: Attachments:Staff Report A - Draft Resolution for All Advisory Bodies (Redline Version) B - Draft Resolution for All Advisory Bodies (Clean Version) C - Draft Resolution for Teen Commission (Redline Version) D - Draft Resolution for Teen Commission (Clean Version) Action ByDate Action ResultVer. City Council12/20/20161 Subject:Revisetherecruitmentprocessforallcommissionstoadddesignatedalternatesatthe time of initial appointment of regular members 1.)AdopttheResolutionNo.16-137rescindingResolutionNo.10-048andrevisingthe commissionrecruitmentprocessforallcommissionsotherthantheTeenCommissiontoadd designated alternates at the time of initial appointment of regular members; and 2.)AdopttheResolutionNo.16-138rescindingResolutionNo.09-115andrevisingthe commissionrecruitmentprocessfortheTeenCommissiontoadddesignatedalternatesatthe time of initial appointment of regular members CITY OF CUPERTINO Printed on 12/14/2016Page 1 of 1 powered by Legistar™83 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: December 20, 2016 Subject Revise the recruitment process for all commissions to add designated alternates at the time of initial appointment of regular members. Recommended Action 1.) Adopt the Draft Resolution rescinding Resolution No. 10-048 and revising the commission recruitment process for all commissions other than the Teen Commission to add designated alternates at the time of initial appointment of regular members; and 2.) Adopt the Draft Resolution rescinding Resolution No. 09-115 and revising the commission recruitment process for the Teen Commission to add designated alternates at the time of initial appointment of regular members. Background Staff was directed to look into and to prepare an amendment to the recruitment rules for commissions, providing for alternate members to be designated at the time of initial appointment of regular members. The Cupertino City Council appoints members to 11 advisory commissions and committees. City Council Resolution No. 10-048 governs recruitment, appointment, and reappointment. A full recruitment begins annually in October when vacancies are announced and ends in January when interviews and appointments occur. City Council Resolution No. 09-115 governs the rules of appointment for the Teen Commission which follows a different full recruitment schedule, with annual interviews occurring in May for the upcoming school year. Discussion When vacancies on commissions occur due to resignations or terminations, a special recruitment process is required. The process to fill a vacancy takes approximately 2-3 months and includes notifying Council, posting the vacancy notice, advertising in local media, receiving applications and conducting interviews. 84 Resolution No. 10-048 includes a provision that if interviews have been conducted within the previous ninety days, an unexpired term may be filled from those applicants. Since vacancies occur throughout the year, it is prudent to designate alternate members at the same time and in the same manner as regular members. If a regular member resigns or is terminated, the alternate member can step in to ensure a quorum and allow commissions to conduct regular business undisrupted. Staff recommends that the resolutions be amended to allow Council to designate alternates at the time of initial appointment of regular members. 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 – Draft Resolution for all Advisory Bodies (Redline Version) B – Draft Resolution for all Advisory Bodies (Clean Version) C - Draft Resolution for Teen Commission (Redline Version) D - Draft Resolution for Teen Commission (Clean Version) 85 RESOLUTION NO. 10-04816- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO RESCINDING RESOLUTION NO. 07-12910-048 AND AMENDING THE RESOLUTION ESTABLISHING RULES GOVERNING RECRUITMENT, ATTENDANCE, APPOINTMENTS, AND VACANCIES ON CITY ADVISORY BODIES TO CHANGE THE MANDATORY WAITING PERIOD TO TWO YEARS BEFORE COMMISSIONERS CAN APPLY FOR THE SAME COMMISSION OR COMMITTEE ADD DESIGNATED ALTERNATES TO THE INTERVIEWS AND APPOINTMENTS PROCESS WHEREAS, the City of Cupertino wishes to establish uniform terms and conditions of office for advisory commissions; and WHEREAS, there are within the City of Cupertino many citizens with talent, expertise and experience who wish to serve the community; and WHEREAS, the City Council believes it is important to provide these citizens the opportunity to contribute to their community; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino rescinds Resolution No.0210-0648 and establishes the following rules governing recruitment, appointment and reappointment to City of Cupertino Advisory bodies. A. RECRUITMENT 1. Two months before regular terms expire, or immediately following receipt of a resignation, the City Clerk distributes the vacancy notice as follows: • The Cupertino Scene • The Cupertino Courier • The World Journal • The Cupertino City Channel • City Hall bulletin board • The City Clerk’s Office • The Cupertino Library • The Cupertino Chamber of Commerce • Cupertino City Web site • Other organizations as appropriate with respect to the openings 86 Resolution No. 10-04816- Page 2 • All persons with applications on file for that particular commission 2. Two months before regular terms expire, the City Clerk’s Office also mails the vacancy notice to the following individuals: • Students and graduates of Cupertino Emergency Response Training • Students or graduates of Leadership Cupertino • Neighborhood Block Leaders • Individuals who have signed up for notification at the Cupertino Town Hall meetings. 3. All vacancy notices and posting shall be done in accordance with the provisions of the Maddy Act, California Government Code 54970. Specifically, vacancy notices shall be posted for a minimum of 10 days. 4. Applications will be retained for a maximum of one year after Council review. After that time, applicants shall submit a new application if they wish to remain on the list for consideration. 5. Those persons with applications on file within one year of Council review are advised of the vacancy by the City Clerk and may activate that application. Upon receipt of the vacancy notice, the applicant must contact the City Clerk’s Office and ask that the application be reactivated. 6. An applicant may file for a maximum of two commissions at any one application period. 7. A member of an advisory body, having completed two consecutive terms, must wait two years after the term would have normally ended before being eligible to apply for the same commission or committee. 8. Application forms will be available in the City Clerk’s Office and will be mailed upon request with information about the opening(s). Application forms will also be available on the City’s Web site. 9. No application shall be accepted after the deadline. 87 Resolution No. 10-04816- Page 3 10. When the final deadline has passed, the City Clerk’s Office will mail applicants the date, time and location of the interviews along with sample questions to consider. 11. The City Clerk’s Office will copy the applicants’ written material for Council members. The written material will also be available for public review in the City Clerk’s Office. 12. An applicant who is unable to attend the interview may submit a five5-minute video presentation in advance of the interview meeting. The tape will be reviewed at the meeting. The video will be made by City staff at the applicant’s request upon the approval of the City Clerk. The City will fund these costs. 88 Resolution No. 10-04816- Page 4 B. INTERVIEWS AND APPOINTMENTS 1. When Council meets to conduct interviews, it is a public meeting subject to the Brown Act and therefore open to the public. The candidates will be asked by the City Clerk (either in person or by written instructions left in the waiting area) to remain seated in the waiting area until they are called in for the interview. Candidates will also be asked to return to the waiting area until the announcement of the vote, or to go home and contact the City Clerk’s Office the next day regarding the results. However, all applicants and members of the public have the option of remaining in the room for any or all of the meeting. 2. The order in which interviews are scheduled to take place will be determined by a drawing of names. The City Clerk will do this in advance. 3. Interviews are informal and usually last 5-8 minutes. Council members are looking for: • Familiarity with the subject • Decision-making ability • Commitment to the position for which they have applied 4. Appointments will be made following a vote in public. Ballots will be distributed, and Council members will vote and sign the ballots. The City Clerk will announce the votes. 5. All appointees will be provided with a Certificate of Appointment. The City Council may appoint alternates to serve on boards, commissions and committees in the event of a vacancy. Such alternates may attend and participate in meetings of the board, commission, or committee but shall not vote in such meetings until such time as a vacancy has occurred and the alternate has filled such vacancy. If the City Council appoints more than one alternate for a particular board, commission or committee, the City Council shall designate the alternates as first alternate, second alternate and so on such that immediately upon a vacancy occurring in a board, commission, or committee, the first alternate shall fill such vacancy without the need for further City Council action. 89 Resolution No. 10-04816- Page 5 C. UNSCHEDULED VACANCIES AND ATTENDANCE 1. If a vacancy occurs for an unexpired term and interviews for appointment to that advisory body have been conducted within the previous ninety days, the unexpired term may be filled from those applications following the required posting of the vacancy. 2. The notice of unscheduled vacancy shall be posted no earlier than 20 days before nor later than 20 days after the vacancy occurs, and at least 10 working days before appointment. The notice of unscheduled vacancy must be posted in the Office of the City Clerk, at the City Hall bulletin board, at the Cupertino Library, and in other places designated by the City Clerk. 3. A member shall be considered removed from an advisory body under the following conditions. • A member misses more than three consecutive meetings • A member misses more than 25% of the advisory body’s meetings in a calendar year 4. It is the responsibility of the advisory body’s staff liaison to notify the City Clerk of a member’s attendance record to allow sufficient time to send a warning notice if the member has missed three consecutive meetings or 25% of the meetings, and to send a termination notice if the member has missed more three consecutive meetings or more than 25% of the meetings in a calendar year. 5. A member who has been removed from an advisory body for inadequate attendance may request a waiver of this provision by submitting a letter to the City Council setting forth the reason for the absences and confirming future availability. D. GENERAL PROVISIONS 1. Term limit restrictions listed in this resolution do not apply to temporary appointments for unexpired terms. 90 Resolution No. 10-04816- Page 6 2. All provisions of this resolution shall apply unless otherwise decided by the City Council on a case-by-case basis. 3. In the event that any provision of this resolution conflicts with the provisions of any other ordinance or resolution governing a particular advisory body, the provisions governing that advisory body shall prevail. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 16th 20th day of March, 2010December, 2016, by the following vote: Vote Members of the City Council AYES: Wang, Wong, Chang, Mahoney, Santoro NOES: None ABSENT: None ABSTAIN: None ATTEST: APPROVED: /s/ Kimberly Smith /s/ Kris Wang _____________________ ______________________ City Clerk, Grace Schmidt Savita Vaidhyanathan, Mayor, City of Cupertino 91 RESOLUTION NO. 16- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO RESCINDING RESOLUTION NO. 10-048 AND AMENDING THE RESOLUTION ESTABLISHING RULES GOVERNING RECRUITMENT, ATTENDANCE, APPOINTMENTS, AND VACANCIES ON CITY ADVISORY BODIES TO ADD DESIGNATED ALTERNATES TO THE INTERVIEWS AND APPOINTMENTS PROCESS WHEREAS, the City of Cupertino wishes to establish uniform terms and conditions of office for advisory commissions; and WHEREAS, there are within the City of Cupertino many citizens with talent, expertise and experience who wish to serve the community; and WHEREAS, the City Council believes it is important to provide these citizens the opportunity to contribute to their community; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino rescinds Resolution No. 10-048 and establishes the following rules governing recruitment, appointment and reappointment to City of Cupertino Advisory bodies. A. RECRUITMENT 1. Two months before regular terms expire, or immediately following receipt of a resignation, the City Clerk distributes the vacancy notice as follows:  The Cupertino Scene  The Cupertino Courier  The World Journal  The Cupertino City Channel  City Hall bulletin board  The City Clerk’s Office  The Cupertino Library  The Cupertino Chamber of Commerce  Cupertino City Web site  Other organizations as appropriate with respect to the openings  All persons with applications on file for that particular commission 92 Resolution No. 16- Page 2 2. Two months before regular terms expire, the City Clerk’s Office also mails the vacancy notice to the following individuals:  Students and graduates of Cupertino Emergency Response Training  Students or graduates of Leadership Cupertino  Neighborhood Block Leaders  Individuals who have signed up for notification at the Cupertino Town Hall meetings. 3. All vacancy notices and posting shall be done in accordance with the provisions of the Maddy Act, California Government Code 54970. Specifically, vacancy notices shall be posted for a minimum of 10 days. 4. Applications will be retained for a maximum of one year after Council review. After that time, applicants shall submit a new application if they wish to remain on the list for consideration. 5. Those persons with applications on file within one year of Council review are advised of the vacancy by the City Clerk and may activate that application. Upon receipt of the vacancy notice, the applicant must contact the City Clerk’s Office and ask that the application be reactivated. 6. An applicant may file for a maximum of two commissions at any one application period. 7. A member of an advisory body, having completed two consecutive terms, must wait two years after the term would have normally ended before being eligible to apply for the same commission or committee. 8. Application forms will be available in the City Clerk’s Office and will be mailed upon request with information about the opening(s). Application forms will also be available on the City’s Web site. 9. No application shall be accepted after the deadline. 10. When the final deadline has passed, the City Clerk’s Office will mail applicants the date, time and location of the interviews along with sample questions to consider. 93 Resolution No. 16- Page 3 11. The City Clerk’s Office will copy the applicants’ written material for Council members. The written material will also be available for public review in the City Clerk’s Office. 12. An applicant who is unable to attend the interview may submit a 5- minute video presentation in advance of the interview meeting. The tape will be reviewed at the meeting. The video will be made by City staff at the applicant’s request upon the approval of the City Clerk. The City will fund these costs. B. INTERVIEWS AND APPOINTMENTS 1. When Council meets to conduct interviews, it is a public meeting subject to the Brown Act and therefore open to the public. The candidates will be asked by the City Clerk (either in person or by written instructions left in the waiting area) to remain seated in the waiting area until they are called in for the interview. Candidates will also be asked to return to the waiting area until the announcement of the vote, or to go home and contact the City Clerk’s Office the next day regarding the results. However, all applicants and members of the public have the option of remaining in the room for any or all of the meeting. 2. The order in which interviews are scheduled to take place will be determined by a drawing of names. The City Clerk will do this in advance. 3. Interviews are informal and usually last 5-8 minutes. Council members are looking for:  Familiarity with the subject  Decision-making ability  Commitment to the position for which they have applied 4. Appointments will be made following a vote in public. Ballots will be distributed, and Council members will vote and sign the ballots. The City Clerk will announce the votes. 94 Resolution No. 16- Page 4 5. The City Council may appoint alternates to serve on boards, commissions and committees in the event of a vacancy. Such alternates may attend and participate in meetings of the board, commission, or committee but shall not vote in such meetings until such time as a vacancy has occurred and the alternate has filled such vacancy. If the City Council appoints more than one alternate for a particular board, commission or committee, the City Council shall designate the alternates as first alternate, second alternate and so on such that immediately upon a vacancy occurring in a board, commission, or committee, the first alternate shall fill such vacancy without the need for further City Council action. C. UNSCHEDULED VACANCIES AND ATTENDANCE 1. If a vacancy occurs for an unexpired term and interviews for appointment to that advisory body have been conducted within the previous ninety days, the unexpired term may be filled from those applications following the required posting of the vacancy. 2. The notice of unscheduled vacancy shall be posted no earlier than 20 days before nor later than 20 days after the vacancy occurs, and at least 10 working days before appointment. The notice of unscheduled vacancy must be posted in the Office of the City Clerk, at the City Hall bulletin board, at the Cupertino Library, and in other places designated by the City Clerk. 3. A member shall be considered removed from an advisory body under the following conditions.  A member misses more than three consecutive meetings  A member misses more than 25% of the advisory body’s meetings in a calendar year 4. It is the responsibility of the advisory body’s staff liaison to notify the City Clerk of a member’s attendance record to allow sufficient time to send a warning notice if the member has missed three consecutive meetings or 25% of the meetings, and to send a termination notice if the member has missed more three consecutive meetings or more than 25% of the meetings in a calendar year. 95 Resolution No. 16- Page 5 5. A member who has been removed from an advisory body for inadequate attendance may request a waiver of this provision by submitting a letter to the City Council setting forth the reason for the absences and confirming future availability. D. GENERAL PROVISIONS 1. Term limit restrictions listed in this resolution do not apply to temporary appointments for unexpired terms. 2. All provisions of this resolution shall apply unless otherwise decided by the City Council on a case-by-case basis. 3. In the event that any provision of this resolution conflicts with the provisions of any other ordinance or resolution governing a particular advisory body, the provisions governing that advisory body shall prevail. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 20th day of December, 2016, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: _____________________ ______________________ City Clerk, Grace Schmidt Savita Vaidhyanathan, Mayor, City of Cupertino 96 RESOLUTION NO. 09-11516- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO CITY COUNCIL REPLACING RESCINDING RESOLUTION NO. 09-078115 TO DELETE SECTION A REGARDING RANKING SO THAT ALL APPLICANTS WOULD BE INTERVIEWEDAND ADOPTING A REVISED CUPERTINO TEEN COMMISSION RECRUITMENT PROCESS TO ADD DESIGNATED ALTERNATES WHEREAS, the Council adopted Resolution No. 02-065 establishing a Teen Commission and adopted Resolution Nos. 02-167, 04-405, 05-095, and 09-078, and 09-115 making various adjustments; WHEREAS, the Council wishes to amend the composition to delete section A regarding ranking to result in all applicants being interviewed. NOW, THEREFORE, BE IT RESOLVED: • The Cupertino Teen Commission will be comprised of nine (9) members, at least one person from each public middle school and public high school in Cupertino, if possible. Membership on the Commission will be limited to Cupertino residents. Members may attend schools outside of the city limits, or be schooled at home. Commissioners must be in 8th through 12th grade. • The members of the Teen Commission shall be appointed pursuant to the current recruitment process adopted by City Council, with the following exceptions: Applicants under the age of 18 must have written permission of a parent or guardian to participate in the Teen Commission. The Parks and Recreation and Community Services Department will work with the City Clerk to notice vacancies so that outreach to schools and youth organizations is accomplished. A letter of recommendation shall be submitted as part of the application process. The Council shall appoint new commissioners in June, to be seated in September, except in the case of reappointment of vacant seats. A) For all applications in the interview pool, the City Clerk will summarize the applications on a chart that indicates applicants' names, schools, and grades in order to assist the Council decision process. The summary chart will be distributed to the Councilmembers before interviewing begins. B) Each applicant in the interview pool will then be interviewed by Council. The applicant will start with a two-minute speech answering the questions: Why do you wish to serve? and Why do you feel you are qualified to serve? 97 Resolution No. 09-11516- Page 2 C) Each Councilmember will then have the opportunity to ask at least 1 question of the applicant. D) When the entire pool has been interviewed, Council will discuss the applicants. After the discussion, ballot voting will take place to determine the appointments. E) If no applicant is appointed from one of the 5 public schools in Cupertino, Council may choose to re-advertise for a subsequent appointment process, fill the vacancy with any other applicant, or leave the seat vacant. F) Council may appoint alternates to serve on the commission in the event of a vacancy. Such alternates may attend meetings but shall not participate in meetings until such time as a vacancy has occurred and the alternate has filled the vacancy. If Council appoints more than one alternate, Council shall designate the alternates as first alternate, second alternate and so on such that immediately upon a vacancy occurring, the first alternate shall fill such vacancy without the need for further City Council action. • Commissioners should reflect the broadest possible representation of Cupertino youth. • The term of office of each commissioner shall be two years, beginning in September with the new school year. • Commissioners shall not serve consecutive terms unless there is a vacancy for which there is no eligible applicant, at which time the City Council may waive this restriction. • None of the Teen Commissioners shall be otherwise officials or employees of the City of Cupertino nor be related by blood or marriage to any official or employee of the city. • The Commission shall elect a chair and vice-chair at the beginning of each year. • Meeting times and location will be decided by the commission at the first meeting of the year, and will be adopted as the annual meeting schedule pursuant to the Brown Act. • Actions taken by the Commission will be by majority vote. • The Department of Parks and Recreation and Community Services Department will provide staff support to the Teen Commission and will post meeting agendas. • Commencing in 2009, five (5) Teen Commissioners shall be appointed for a two-year term bringing the number to eleven (11). In 2010, four (4) Teen Commissioners shall be appointed for a two-year term bringing the number to nine (9). Teen Commissioners will then be appointed to a two-year term setting staggered terms of five (5) appointments in odd- numbered years and four (4) appointments in even-numbered years. Vacant seats will be filled with applicants willing to finish the term. 98 Resolution No. 09-11516- Page 3 • The powers and function of the Teen Commission will be to advise the City Council and staff on issues and projects important to youth. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 21st20th day of JulyDecember, 200916 by the following vote: Vote Members of the City Council AYES: Mahoney, Sandoval, Santoro, Wang, Wong NOES: None ABSENT: None ABSTAIN: None ATTEST: APPROVED: /s/ Kimberly Smith /s/ Orrin Mahoney Grace Schmidt, City Clerk Savita Vaidhyanathan, Mayor, City of Cupertino 99 RESOLUTION NO. 16- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO RESCINDING RESOLUTION NO. 09-115 AND ADOPTING A REVISED CUPERTINO TEEN COMMISSION RECRUITMENT PROCESS TO ADD DESIGNATED ALTERNATES WHEREAS, the Council adopted Resolution No. 02-065 establishing a Teen Commission and adopted Resolution Nos. 02-167, 04-405, 05-095, 09-078, and 09-115 making various adjustments; WHEREAS, the Council wishes to amend the composition to add Section F regarding alternates to result in alternate appointment(s) being designated. NOW, THEREFORE, BE IT RESOLVED:  The Cupertino Teen Commission will be comprised of nine (9) members, at least one person from each public middle school and public high school in Cupertino, if possible. Membership on the Commission will be limited to Cupertino residents. Members may attend schools outside of the city limits, or be schooled at home. Commissioners must be in 8th through 12th grade.  The members of the Teen Commission shall be appointed pursuant to the current recruitment process adopted by City Council, with the following exceptions: Applicants under the age of 18 must have written permission of a parent or guardian to participate in the Teen Commission. The Recreation and Community Services Department will work with the City Clerk to notice vacancies so that outreach to schools and youth organizations is accomplished. A letter of recommendation shall be submitted as part of the application process. The Council shall appoint new commissioners in June, to be seated in September, except in the case of reappointment of vacant seats. A) For all applications in the interview pool, the City Clerk will summarize the applications on a chart that indicates applicants' names, schools, and grades in order to assist the Council decision process. The summary chart will be distributed to the Councilmembers before interviewing begins. 100 Resolution No. 16- Page 2 B) Each applicant in the interview pool will then be interviewed by Council. The applicant will start with a one-minute speech answering the questions: Why do you wish to serve? and Why do you feel you are qualified to serve? C) Each Councilmember will then have the opportunity to ask at least 1 question of the applicant. D) When the entire pool has been interviewed, Council will discuss the applicants. After the discussion, ballot voting will take place to determine the appointments. E) If no applicant is appointed from one of the 5 public schools in Cupertino, Council may choose to re-advertise for a subsequent appointment process, fill the vacancy with any other applicant, or leave the seat vacant. F) Council may appoint alternates to serve on the commission in the event of a vacancy. Such alternates may attend meetings but shall not participate in meetings until such time as a vacancy has occurred and the alternate has filled the vacancy. If Council appoints more than one alternate, Council shall designate the alternates as first alternate, second alternate and so on such that immediately upon a vacancy occurring, the first alternate shall fill such vacancy without the need for further City Council action.  Commissioners should reflect the broadest possible representation of Cupertino youth.  The term of office of each commissioner shall be two years, beginning in September with the new school year.  Commissioners shall not serve consecutive terms unless there is a vacancy for which there is no eligible applicant, at which time the City Council may waive this restriction.  None of the Teen Commissioners shall be otherwise officials or employees of the City of Cupertino nor be related by blood or marriage to any official or employee of the city.  The Commission shall elect a chair and vice-chair at the beginning of each year. 101 Resolution No. 16- Page 3  Meeting times and location will be decided by the commission at the first meeting of the year, and will be adopted as the annual meeting schedule pursuant to the Brown Act.  Actions taken by the Commission will be by majority vote.  The Recreation and Community Services Department will provide staff support to the Teen Commission and will post meeting agendas.  Commencing in 2009, five (5) Teen Commissioners shall be appointed for a two-year term bringing the number to eleven (11). In 2010, four (4) Teen Commissioners shall be appointed for a two-year term bringing the number to nine (9). Teen Commissioners will then be appointed to a two-year term setting staggered terms of five (5) appointments in odd- numbered years and four (4) appointments in even- numbered years. Vacant seats will be filled with applicants willing to finish the term.  The powers and function of the Teen Commission will be to advise the City Council and staff on issues and projects important to youth. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 20th day of December, 2016 by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: ________ ________________________________ Grace Schmidt, City Clerk Savita Vaidhyanathan, Mayor, City of Cupertino 102 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:116-2180 Name: Status:Type:Consent Calendar Agenda Ready File created:In control:11/16/2016 City Council On agenda:Final action:12/20/2016 Title:Subject: Pasadena Avenue Public Improvements Project - Increase in Contract Contingency Authorization Sponsors: Indexes: Code sections: Attachments:Staff Report A - Before and After Photos Action ByDate Action ResultVer. City Council12/20/20161 Subject:PasadenaAvenuePublicImprovementsProject-IncreaseinContractContingency Authorization Authorize an increase in the construction contingency amount by an additional $8,000 with funds from the current appropriated project budget of $827,000 CITY OF CUPERTINO Printed on 12/14/2016Page 1 of 1 powered by Legistar™103 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: December 20, 2016 Subject Pasadena Avenue Public Improvements Project – Increase in Contract Contingency Authorization Recommended Action Authorize an increase in the construction contingency amount by an additional $8,000 with funds from the current appropriated project budget of $827,000. Discussion The work performed by the Pasadena Avenue Public Improvements Project includes the construction of curb, gutter, sidewalk, and park strips where gaps previously existed on Pasadena Avenue between Granada and Olive Avenues. On July 5, 2016, the City Council authorized the award of the project contract to O’Grady Paving, Inc., in the amount of $373,100. Council also approved a construction contingency of $37,000, for a total authorized expenditure amount of $410,100 for the contract. Construction began in August 2016 and was completed in November 2016. Actual costs incurred on the project are as follows: Agency Bid Amount Authorized Actual Completed Cost Contract Amount $373,100 $373,100 Contingency (Change Orders) $ 37,000 $44,864 Total $410,100 $417,964 Of the authorized contingency, $22,624 was used to offset increases in quantities beyond the estimated values. The bulk of the increased quantities was to perform pavement conforming work not shown on the plans. The additional work will improve drainage and provide a smoother, more uniform driving surface. The additional conform work resulted in the roadway having significant areas of “patchwork” paving. In order to seal the pavement joints, the City requested a cost proposal from the contractor to microsurface the project area. Microsurfacing is a thin maintenance treatment similar to, but more robust than, slurry sealing. 104 2 The cost to perform the microsurfacing work was $22,240. The unused contingency was $14,376, leaving a gap of $7,864 above the current approved contract expenditure. The factors considered by staff prior to making the decision to perform the microsurfacing included:  Fiscal o The unit cost of 56 cents/square foot is a good price for the work o The work will exceed the authorized expenditure by approximately $8,000 o The total project cost will still be far under the appropriated budget of $827,000.  Advantages o It will seal the asphalt, limiting water intrusion, which is one of the primary contributors to asphalt failure o It will provide improved skid resistance o The work would result in a higher quality finished product, effectively deferring pavement maintenance for the project area for 5 to 7 years o The microsurfacing would produce a uniform colored roadway that enhances the aesthetics of the improvements  Timing o In order to allow the contractor to perform all other contract obligations on schedule, specifically installing roadway markings, the microsurfacing needed to be completed by November 14, 2016 o Weather forecasts indicated a cooling trend after the 14th, which would have made the application of asphalt problematic Following staff’s analysis of the proposal including the items above, t he contractor was instructed to move forward on the microsurfacing. It was successfully performed on November 14th. Sustainability Impact None Fiscal Impact No additional appropriation is needed to cover the increased contingency budget, as the current appropriation for the Pasadena Avenue Public Improvements Project is sufficient. ____________________________________ Prepared by: John Raaymakers, Public Works Project Manager Reviewed by: Timm Borden, Director of Public Works Approved for Submission by: David Brandt, City Manager Attachments: A - Before and After Photos 105 106 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:116-2222 Name: Status:Type:Ordinances and Action Items Agenda Ready File created:In control:12/8/2016 City Council On agenda:Final action:12/20/2016 Title:Subject: Discuss video contest for Friendship and Sister cities Sponsors: Indexes: Code sections: Attachments: Action ByDate Action ResultVer. City Council12/20/20161 Subject: Discuss video contest for Friendship and Sister cities Discuss video contest for Friendship and Sister cities CITY OF CUPERTINO Printed on 12/14/2016Page 1 of 1 powered by Legistar™107 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:116-1387 Name: Status:Type:Reports by Council and Staff Agenda Ready File created:In control:1/14/2016 City Council On agenda:Final action:12/20/2016 Title:Subject: Report on Committee assignments and general comments Sponsors: Indexes: Code sections: Attachments: Action ByDate Action ResultVer. City Council12/20/20161 Subject: Report on Committee assignments and general comments Report on Committee assignments and general comments CITY OF CUPERTINO Printed on 12/14/2016Page 1 of 1 powered by Legistar™108