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Notice to Adjourn and Continue Vallco Specific Plan Public Hearing to September 19, 2018 OFFICE OF THE CITY CLERK CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3223 • FAX: (408) 777-3366 NOTICE OF ADJOURNMENT OF THE SEPTEMBER 18, 2018 CITY COUNCIL MEETING AND NOTICE OF CONTINUATION OF HEARING TO SEPTEMBER 19, 2018 AT 5:00 PM NOTICE IS HEREBY GIVEN that the special meeting of the Cupertino City Council held on Tuesday, September 18, 2018 was adjourned to Wednesday, September 19, 2018 at 5:00 p.m. for purposes of continued hearing, consideration, deliberation, and decisions on all items listed as Item #17 on the September 18, 2018 City Council agenda. Subject: Vallco Town Center Special Area: Specific Plan and associate amendments to the General Plan, Zoning Map, and Municipal Code, to establish and modify development standards, including heights, density, and residential, commercial, and office development allocations; CEQA environmental review of project impacts and mitigation; Development Agreement. Please be advised the public testimony portion of the hearing has been closed and remains closed. The meeting will be held in the Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, California. Dated this 19th day of September, 2018 /s/ Grace Schmidt ________________________ Grace Schmidt, City Clerk Tuesday, September 18, 2018 Special Televised Meeting (5:00) AGENDA OF THE CITY COUNCIL Speaker’s Podium Savita Vaidhyanathan Councilmember Staff Grace Schmidt City Clerk Barry Chang Councilmember Rod Sinks Vice MayorSteven Scharf Councilmember Rocio Fierro Acting City Attorney Amy Chan Interim City Manager StaffStaff Staff Darcy Paul Mayor COMMUNITY HALL COUNCIL CHAMBER 10350 TORRE AVENUE • CUPERTINO, CA 95014 TELEPHONE: (408) 777-3220 (CITY HALL) WEBSITE: www.cupertino.org CONDUCT OF BUSINESS The Mayor is the presiding officer of the City Council.Any member of the public may speak on any item on the agenda for up to three minutes.All statements and questions must be addressed to the Mayor. City Council hearings serve as a venue for the discussion of sometimes divergent points of view.Please respect the opinions of others and refrain from outward expressions of emotions such as cheering or clapping.Such behavior delays the meeting and may intimidate other persons wishing to express alternate views.Loud,unruly outbursts will result in removal from the meeting. The proceedings of the meeting are recorded,therefore members of the audience who address the City Council must come to the lectern/microphone,and are requested to complete a Speaker Card and identify themselves. FLOWCHART FOR AGENDA ITEMS: Mayor introduces agenda item Council members report any site visits or outside communications Staff reports and makes recommendation Applicant or Appellant makes presentation (up to 10 mins.) Speakers submit a Request to Speak card,and are allowed up to 3 minutes per individual.Council members may ask questions of speakers. Mayor invites members of the public to speak about the agenda item Council members ask questions City Council votes on the agenda item A Council member makes a motion and obtains a second. The City Council then discusses the motion(s)and votes. Mayor closes the hearing Council members ask questions PUBLIC HEARINGS The City Council is required by law to hold public hearings on certain matters prior to making its decision.Notice to interested parties is given by legal advertisement in the local newspaper of general circulation at least 10 calendar days preceding the hearing date. Applications requiring public hearings include change of zoning,variances,use permits,and tentative maps. COUNCIL MEETINGS The City Council regularly meets the first and third Tuesdays of each month.These meetings are held in the Council Chamber of the Cupertino Community Hall,10350 Torre Avenue,at 6:45 p.m.Closed sessions,when needed,are normally held at 6:00 p.m.Closed sessions cover items such as personnel,litigation,or the sale , purchase,or lease of property.Actions taken in closed sessions are not final until acted upon in public session. Urgent business,holidays,or election days may trigger special or adjourned meetings.These meetings will be noticed beforehand. AGENDAS,MINUTES,AND PACKETS AVAILABLE ON THE WEB Agendas,minutes,and packets for current and prior City Council and Planning Commission meetings are available at www.cupertino.org,or you can purchase the items on CD. CITY COUNCIL DECISION IS FINAL Prior to seeking judicial review of any adjudicatory (quasi-judicial)decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City’s decision.Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096.Contact the City Clerk’s office for more information or go to www.http://www.cupertino.org/index.as px?page=125 for a reconsideration petition form. CITY OF CUPERTINO AGENDA CITY COUNCIL 5:00 PM 10350 Torre Avenue, Council Chamber Tuesday, September 18, 2018 Special Televised Meeting 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 18, 2018, commencing at 5:00 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 PLEDGE OF ALLEGIANCE ROLL CALL CEREMONIAL MATTERS AND PRESENTATIONS 1.Subject: Proclamation recognizing Cupertino Library’s extended hours of service, which will begin June 1. Recommended Action: Present Proclamation recognizing Cupertino Library’s extended hours of service, which will begin June 1. 2.Subject: Proclamation for "Energized by Art" utility box art contest winners Recommended Action: Present Proclamation for "Energized by Art" utility box art contest winners POSTPONEMENTS Page 1 September 18, 2018City Council AGENDA 3.Subject: Continue Item Number 16, Second Reading of an Ordinance Designating Additional Preferential Parking Zones to October 2 Recommended Action: Continue Item Number 16, Second Reading of an Ordinance Designating Additional Preferential Parking Zones to October 2 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. 4.Subject: Approve the August 21 City Council minutes Recommended Action: Approve the August 21 City Council minutes A - Draft Minutes 5.Subject: Accept Accounts Payable for the period ending June 29, 2018 Recommended Action: Adopt Resolution No. 18-087 accepting Accounts Payable for the period ending June 29, 2018 A - Draft Resolution B - AP Report 6.Subject: Accept Accounts Payable for the period ending July 06, 2018 Recommended Action: Adopt Resolution No. 18-088 accepting Accounts Payable for the period ending July 06, 2018 A - Draft Resolution B - AP Report 7.Subject: Accept Accounts Payable for the period ending July 13, 2018 Recommended Action: Adopt Resolution No. 18-089 accepting Accounts Payable for the period ending July 13, 2018 A - Draft Resolution B - AP Report Page 2 September 18, 2018City Council AGENDA 8.Subject: Accept Accounts Payable for the period ending July 20, 2018 Recommended Action: Adopt Resolution No. 18-090 accepting Accounts Payable for the period ending July 20, 2018 A - Draft Resolution B - AP Report 9.Subject: Accept Accounts Payable for the period ending July 27, 2018 Recommended Action: Adopt Resolution No. 18-091 accepting Accounts Payable for the period ending July 27, 2018 A - Draft Resolution B - AP Report 10.Subject: Biennial Review of City of Cupertino Conflict of Interest Code for officials and designated employees (Form 700). Recommended Action: a.) Rescind Resolution No. 16-090 and adopt Resolution No. 18-092 amending the City of Cupertino Conflict of Interest Code for officials and designated employees and requiring electronic filing of all Statemens of Economic Interest; and b.) Authorize the City Manager to sign the required 2018 Local Agency Biennial Notice. Staff Report A - Draft Resolution and Conflict of Interest Code redline B - 2018 Local Agency Biennial Notice 11.Subject: Fee waiver request from League of Women Voters of Cupertino-Sunnyvale for approximately $300 in facility use fees for use of Community Hall on September 24, October 1, and October 8, 2018 for candidate forums Recommended Action: Approve fee waiver request for approximately $300 in facility use fees for the use of Community Hall on September 24, October 1, and October 8, 2018 for candidate forums Staff Report A - Letter From League of Women Voters of Cupertino-Sunnyvale B - Government Code 8314 C - Resolution No. 18-039 Fee Schedule Page 3 September 18, 2018City Council AGENDA 12.Subject: Equipment Sharing Agreement between the City of Cupertino, Town of Los Gatos and City of Campbell Recommended Action: Authorize the City Manager to execute the Equipment Sharing Agreement (ESA) between the City of Cupertino, Town of Los Gatos and City of Campbell on behalf of the City of Cupertino in substantially similar format to the attached draft agreement; and authorize the City Manager or designee to maintain an Equipment Catalog, establishing shared equipment and rates Staff Report Draft Agreement 13.Subject: Annexation of Creston Dr. 18-01 (10598 Creston Dr. - APN 326-12-089) Recommended Action: Adopt Resolution No. 18-093 initiating proceedings and setting October 2, 2018 for City Council consideration of reorganization of territory designated as “Creston Dr. 18-01” Staff Report A - Location Map B - Draft Resolution 14.Subject: Resolution declaring a climate emergency Recommended Action: Adopt Resolution No. 18-094 declaring a climate emergency Staff Report A- Draft Resolution (Climate Emergency Declaration) 15.Subject: Apple, Inc. donation to augment public safety service levels in the City of Cupertino Recommended Action: 1.Accept a donation from Apple, Inc. in the amount of $558,979 for increased police services in Cupertino for FY 2018-19; and 2.Approve an expenditure increase of $558,979 in the Law Enforcement Division budget for 2,725 hours of additional police services from the Santa Clara County Sheriff’s Office for a total FY 2018-19 contract amount of $12,175,154 to $12,734,133. Staff Report A - Donation Agreement B - Santa Clara County Law Enforcement Contact C - Amended FY19 Exhibit A Proposed Costs (redlined) SECOND READING OF ORDINANCES Page 4 September 18, 2018City Council AGENDA 16.Subject: Second Reading of an Ordinance Designating Additional Preferential Parking Zones Ordinance on Noble Fir Court, Red Fir Court and White Fir Court Recommended Action: 1. Conduct the second reading of Ordinance No. 18-2176: "An Ordinance of the City Council of the City of Cupertino Amending Cupertino Municipal Code Section 11.27.145 Designating Additional Preferential Parking Zones to add Noble Fir Court, Red Fir Court and White Fir Court"; and 2. Enact the ordinance. Note: The first reading was conducted on August 21 and there were no changes to the ordinance. (This item will be continued to October 2) B - Draft Ordinance PUBLIC HEARINGS Page 5 September 18, 2018City Council AGENDA 17.Subject: Vallco Town Center Special Area: Specific Plan and associated amendments to the General Plan, Zoning Map, and Municipal Code, to establish and modify development standards, including heights, density, and residential, commercial, and office development allocations; CEQA environmental review of project impacts and mitigation; Development Agreement. The Specific Plan provides for two Tiers of development that include the following development allocations: Tier 1 - up to 2,034 residential units, up to 750,000 sq.ft. of office development, and minimum of 600,000 sq.ft. of commercial development; and Tier 2 - with community benefits, up to 2,923 residential units, up to 1.5 million sq.ft. sq.ft. of office development (with an additional 250,000 sq.ft. of office amenity space) and a minimum of 485,000 sq.ft. of commercial development which includes civic spaces. The Development Agreement provides community benefits, including a new City Hall (warm shell), a Performing Arts Center (warm shell), affordable housing to moderate income households, and financial and in-kind contributions toward local transportation improvements and public schools. Planning Commission recommendations are included in the report, and include a middle tier, between Tier 1 and Tier 2 development, with 2,923 residential units, reduced office allocation and a commensurate reduction in community benefits. (Application Number(s): GPA-2018-02, Z-2018-01, SPA-2017-01, MCA-2018-01, DA-2015-02 (EA-2017-05); Applicant(s): City of Cupertino (Specific Plan, General Plan Amendments, Zoning, Municipal Code Amendments and Environmental Review) and Vallco Property Owner, LLC (Development Agreement); Location: 10101 to 10333 North Wolfe Road; APN: 316-20-080, 316-20-081, 316-20-103, 316-20-107, 316-20-101, 316-20-105, 316-20-106, 316-20-104, 316-20-088, 316-20-092, 316-20-094, 316-20-099, 316-20-100, 316-20-095) Page 6 September 18, 2018City Council AGENDA Recommended Action: The Planning Commission recommends that the City Council conduct a hearing and 1. Adopt Draft Resolution No. 18-084, certifying the Final Environmental Impact Report (FEIR), adopt CEQA findings, a Statement of Overriding Considerations and adopting and incorporating the mitigation measures into the Project, and adopting a Mitigation Monitoring and Reporting Program. 2. Adopt Draft Resolution No. 18-085, approving General Plan amendments required to implement the Specific Plan. 3. Adopt Draft Resolution No. 18-086, approving the proposed Vallco Town Center Specific Plan, and associated clarifying/supplemental language. 4. Conduct the first reading of Ordinance No. 18-2177: “An Ordinance of the City Council of the City of Cupertino Amending the Municipal Code to Allow Adoption and Implementation of Vallco Town Center Specific Plan.” 5. Conduct the first reading of Ordinance No. 18-2178: “An Ordinance of the City Council of the City of Cupertino Rezoning the Parcels within the Vallco Special Area.” 6. Conduct the first reading of Ordinance No. 18-2179: “Ordinance of the City Council of the City of Cupertino Approving a Development Agreement by and Between the City of Cupertino and Vallco Property Owner LLC for the Development of Vallco Town Center.” The Council may adjourn this meeting and continue this item to a date, time, and place specified in the order of adjournment. The continuance may include the public hearing or may occur after the close of the public hearing and include only Council deliberation. Staff recommends that if the meeting is adjourned and this item is continued, the adjourned meeting will take place on Wednesday, September 19 at 5:00 pm. in Cupertino Community Hall, 10350 Torre Avenue. Page 7 September 18, 2018City Council AGENDA Staff Report A - Draft CC Reso No. 18-084 re: EA-2017-05 B - Draft CC Reso No. 18-085 re: GPA-2018-02 C - Draft CC Reso No. 18-086 re: SPA-2017-01 D - Draft CC Ord No. 18-2177 re: MCA-2018-01 E - Draft CC Ord No. 18-2178 re: Z-2018-01 F - Draft CC Ord No. 18-2179 re: DA-2018-02 DA G - Supplemental Reports H - ERC Recommendation I - Draft ERC minutes from its Aug 31 2018 meeting J - Summary Comments from ERC meeting K.1 - PC Reso 6860 re: EA-2017-05 K.2 - PC Reso 6861 re: GPA-2018-02 K.3 - PC Reso 6863 re: SPA-2017-01 K.4 - PC Reso 6864 re: MCA-2018-01 K.5 - PC Reso 6862 re: Z-2018-01 K.6 - PC Reso 6865 re: DA-2015-02 L - Draft Planning Commission Minutes M - Summary comments from Planning Commission meeting N - Financial Feasibility Report by EPS O - Vallco Specific Plan DEIR O.1 - DEIR - App. A - NOP and Responses O.2- DEIR - App. B - Air Quality and GHG Assessment O.3 - DEIR - App. C - Arborist Reports O.4 - DEIR - App. D - Geotechnical Feasibility Investigation O.5 - DEIR - App. E - Phase I Enviro Site Assessment O.6 - DEIR - App. F - Noise and Vibration Assessment O.7 - DEIR - App. G - School Impact Analysis O.8 - DEIR - App. H - Transportation Impact Analysis O.9- DEIR - App. I - Utility Studies, sanitary and water P - Vallco Specific Plan EIR Amendment - 7.2018 P.1 - EIR Amendment - Appendix A - Supplemental AQ and GHG Assessment P.2 - EIR Amendment - Appendix B - Supplemental Noise and Vibration Assessment P.3 - EIR Amendment - Appendix C - Supplemental TIA P.4 - EIR Amendment - Appendix D - Revised WSA Q - Vallco Specific Plan FEIR - 8.2018 Q.1 - FEIR - Appendix A - Air Quality Modeling Memo Q.2 - FEIR - Appendix B - Revised Project Traffic Memo Q.3 - FEIR - Appendix C - Public Comments Section 5.2 and 5.3 R - Supplemental Text Revisions Memo Aug 2018 S - Supplemental Text Revisions - September 2018 T - Responses to Late Comments memo dated 9.4.18 Page 8 September 18, 2018City Council AGENDA U - Responses to Late Comments memo dated 9.12.18 V - Summary of comments during public engagement W - Public comments ORDINANCES AND ACTION ITEMS REPORTS BY COUNCIL AND STAFF 18.Subject: Report on Committee assignments and general comments Recommended Action: Report on Committee assignments and general comments ADJOURNMENT Page 9 September 18, 2018City 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. IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipal Code 2.08.100 written communications sent to the Cupertino City Council, Commissioners or City staff concerning a matter on the agenda are included as supplemental material to the agendized item. These written communications are accessible to the public through the City’s website and kept in packet archives. You are hereby admonished not to include any personal or private information in written communications to the City that you do not wish to make public; doing so shall constitute a waiver of any privacy rights you may have on the information provided to the City. 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 Page 10 September 18, 2018City Council AGENDA 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 11 THE CITY COUNCIL AND STAFF CITY COUNCIL Cupertino is a General Law city organized under and subject to statutes of the State of California.It is governed by the five-member City Council with the Mayor as the presiding officer.City Council members are elected at-large to four-year,overlapping terms.Each November a mayor and a vice-mayor are selected by the City Council for a one- year term. The City Council receives advice and assistance from eleven advisory bodies,which are appointed by the Council. These are the Audit Committee,Bicycle Pedestrian Commission,Fine Arts Commission,Housing Commission,Library Commission,Parks and Recreation Commission,Planning Commission,Public Safety Commission,Sustainability Commission,Teen Commission,and Technology,Information,and Communications Commission. Council members also serve on a variety of regional bodies,including: ·Association of Bay Area Governments ·League of California Cities ·Santa Clara County (SCC)Cities Association ·SCC Emergency Preparedness Council ·SCC Library District ·SCC Emergency Preparedness Commission ·Santa Clara Valley Water Commission and Water District ·SCC Transportation Authority ·West Valley Mayors and Managers STAFF The City Manager and the City Attorney are appointed by the Council.The City Manager is responsible for interpreting and carrying out Council policies and direction,and as the chief administrative officer,the City Manager coordinates the many activities of the city and appoints the professional and technical staff.The City Attorney is the advisor to the City Council as a whole. TYPES OF COUNCIL ACTIONS ORDINANCES Ordinances are the means by which the City enacts its local laws.Unless an urgent situation exists,ordinances will first be presented at a Council meeting as a “first reading."At a subsequent Council meeting,there will be a “second reading and adoption."Ordinances go into effect after a waiting period of thirty days,in most cases,during which time the summary of the ordinance is published in a local newspaper approved for this purpose. RESOLUTIONS Resolutions and minute orders are the means by which the City Council formally adopts policies or approves specific actions.These go into effect when adopted. APPEALS Any interested person,including a Council member,may appeal a Planning Commission or Director of Community Development decision to the City Council.An appeal must be submitted in writing to the City Clerk within 14 calendar days of the mailing of the notice of the decision. RECONSIDERATION Prior to seeking judicial review of any adjudicatory (quasi-judicial)decision,interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City’s decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096.Contact the City Clerk’s office for more information or go to www.http://www.cupertino.org/index.aspx?page=125 for a reconsideration petition form. COMMUNICATING WITH COUNCIL All Council members:citycouncil@cupertino.org Darcy Paul DPaul@cupertino.org (408) 777-3195 Rod Sinks RSinks@cupertino.org (408) 777-3194 Savita Vaidhyanathan SVaidhyanathan@cupertino.org (408) 777-3193 Barry Chang BChang@cupertino.org (408) 777-3192 Steven Scharf SScharf@cupertino.org (408) 777-3191 Executive Assistant LaurenS@cupertino.org (408) 777-1312 City Hall www.cupertino.org (408) 777-CITY Please note: the City Council discourages submission of written materials on the day of the meeting as this does not provide enough time to give the materials fair evaluation. If you must provide written materials on the day of the meeting, as least one copy must be given to the City Clerk for the permanent record, and ten copies are preferred. NEWS AND NOTICES FROM CITY HALL EMAIL Sign up for e-notification of agendas, elections, and other news on the city website at www.cupertino.org/notify TELEVISION The City Channel broadcasts City Council and Planning Commission meetings , as well as agenda previews, public service announcements, and other programs of community interest, on Channel 26 in Cupertino. The meetings are shown at these times: Tuesday (live)6:45 p.m.Friday (replay)10:00 a.m. Thursday (replay) 7:00 p.m.Saturday (replay) 9:00 a.m. INTERNET City Council and Planning Commission videos are available on demand at www.cupertino.org. Select "I Want To, View City Council meetings". News and community information can also be found at: https://www.facebook.com/cityofcupertino/ https://twitter.com/CityofCupertino https://www.instagram.com/cityofcupertino AUDIO Tune into Radio Cupertino, 1670 AM, for meeting announcements, public service messages,and emergency announcements. 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