City Council

CITY OF CUPERTINO AGENDA CITY COUNCIL 10350 Torre Avenue, Council Chamber Tuesday, July 1, 2014 6:45 PM PLEDGE OF ALLEGIANCE ROLL CALL CEREMONIAL MATTERS AND PRESENTATIONS 1. Subject: Update from the Cupertino Sanitary District, Board President Bill Bosworth Recommended Action: Receive the update 2. Subject: Update from the Santa Clara County Sheriff's Department, Sheriff Laurie Smith Recommended Action: Receive update 3. Subject: Proclamation to Patricia Peterson recognizing her lifesaving efforts in Cupertino on June 11 Recommended Action: Present proclamation POSTPONEMENTS Continue Item No. 20 Energy Services Contract for solar installation to July 15 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. CITY OF CUPERTINO Page 1 City Council AGENDA July 1, 2014 4. Subject: Approve the June 2 City Council minutes Recommended Action: Approve the minutes A - Draft Minutes 5. Subject: Approve minutes for the two City Council meetings on June 10 Recommended Action: Approve the minutes A - Draft Minutes Commissions Interviews B - Draft Minutes Special Council Meeting 6. Subject: Approve the June 23 City Council minutes Recommended Action: Approve minutes Draft Minutes 7. Subject: Accept Accounts Payable for period ending May 2, 2014 Recommended Action: Adopt Resolution No. 14-163 accepting Accounts Payable for period ending May 2, 2014 A - Draft Resolution B - AP Report 8. Subject: Accept Accounts Payable for period ending May 9, 2014 Recommended Action: Adopt Resolution No. 14-164 accepting Accounts Payable for period ending May 9, 2014 A - Draft Resolution B - AP Report 9. Subject: Accept Accounts Payable for period ending May 16, 2014 Recommended Action: Adopt Resolution No. 14-165 accepting Accounts Payable for period ending May 16, 2014 A - Draft Resolution B - AP Report 10. Subject: Accept Accounts Payable for period ending May 23, 2014 Recommended Action: Adopt Resolution No. 14-166 accepting Accounts Payable for period ending May 23, 2014 A - Draft Resolution B - AP Report CITY OF CUPERTINO Page 2 City Council AGENDA July 1, 2014 11. Subject: Accept Accounts Payable for period ending May 30, 2014 Recommended Action: Adopt Resolution No. 14-167 accepting Accounts Payable for period ending May 30, 2014 A - Draft Resolution B - AP Report 12. Subject: Adopt the amended Conflict of Interest Code of the City of Cupertino for officials and designated employees Recommended Action: Rescind Resolution No. 12-076 and adopt Resolution No. 14-168 amending the Conflict of Interest Code of the City of Cupertino and the direct City Manager to sign the required 2014 Local Agency Biennial Notice Staff Report A - Draft Resolution B - 2014 Local Agency Biennial Notice 13. Subject: Approve the destruction of records from the City Clerk, Public Works, and Parks and Recreation (Sports Center) departments. Recommended Action: Adopt Resolution No. 14-169 approving the destruction of records Staff Report A - Draft Resolution 14. Subject: Execute a contract with Santa Clara County office of the Sheriff for the ten-year period 2014/15 to 2024/25. Recommended Action: Authorize the City Manager to execute a contract with Santa Clara County office of the Sheriff for the ten-year period 2014/15 to 2024/25. Staff Report A - Draft Contract 15. Subject: Alcoholic Beverage License, 212 New York Pizza, 19998 Homestead Road, Suite A Recommended Action: Approve Alcoholic Beverage License, 212 New York Pizza, 19998 Homestead Road, Suite A Staff Report A - Application 16. Subject: Alcoholic Beverage License, Chili Pot, 20956 Homestead Road, Suite D Recommended Action: Approve Alcoholic Beverage License, Chili Pot, 20956 Homestead Road, Suite D Staff Report A - Application CITY OF CUPERTINO Page 3 City Council AGENDA July 1, 2014 17. Subject: Appointment of City of Cupertino representative to the Santa Clara County Valley Transportation Authority (VTA) Bicycle & Pedestrian Advisory Committee (BPAC) Recommended Action: Accept the Bicycle Pedestrian Commission (BPC) recommendation to reappoint James Wiant to the VTA BPAC for a two-year term beginning July 1, 2014 Staff Report 18. Subject: Summarily vacate and approve the sale of a portion of San Felipe Road, south of Alcalde Road to Neel Dhamdhere. Recommended Action: Adopt Resolution No. 14-170 approving the summary vacation and sale of a portion of San Felipe Road to Neel Dhamdhere, in the amount of $6,000, and authorize the City Manager to execute all of the necessary documents. Staff Report A - Draft Resolution B - Map SECOND READING OF ORDINANCES PUBLIC HEARINGS CITY OF CUPERTINO Page 4 City Council AGENDA July 1, 2014 19. Subject: Public Hearing to Consider the Capital Improvement Plan (CIP), including a Negative Declaration pursuant to the California Environmental Quality Act; and a finding of General Plan conformance; and the Recommended Budget for Fiscal Year 2014-15; and the Establishment of the Appropriation Limit; and Related Actions. Recommended Action: a. Adopt Resolution No 14-171 adopting Negative Declaration EA-2014-05 for the Capital Improvement Plan (CIP) projects described in the FY 2014-15 Recommended Budget and finding that the CIP is in conformance with the General Plan. b. Adopt Resolution No. 14-172 establishing a portion of the Operating and Capital Improvement Budget for Fiscal Year 2014-15 related to pass-through revenues for the Apple Campus 2 project. c. Adopt Resolution No. 14-173 establishing an Operating Budget and Capital Budget for Fiscal Year 2014-15. d. Adopt Resolution No. 14-174 establishing an Appropriation Limit for Fiscal Year 2014-15. e. Take action on items listed in the Follow Up Items for Council Action section of this report and direct staff to make the appropriate adjustments to the Fiscal Year 2014-15 Recommended Budget and Resolutions i. $15,000 reduction in unrequested Community Funding dollars Staff Report A - Draft Resolution Neg Dec and CIP conformance to GP B - Draft Resolution Portion Operating and Capital Improvement Budget FY 2014-15 Related to Pass-Through Revenues f C - Draft Resolution Operating Budget and Capital Budget FY 2014-15 D - Draft Resolution Appropriation Limit FY 2014-15 E - Follow Up Items for Council Action F - Adopted PC Resolution No. 6743 (CP-2014-01) G - ERC Recommendation of Negative Declaration 20. Subject: Consider awarding an Energy Services Contract and an Operations/Maintenance Agreement for solar panels and equipment and further consider findings that (1) the project’s anticipated energy costs savings and revenue generated are greater than the project costs; and (2) that the project is in the City’s best interests. Recommended Action: Continue to July 15 ORDINANCES AND ACTION ITEMS REPORTS BY COUNCIL AND STAFF CITY OF CUPERTINO Page 5 City Council AGENDA July 1, 2014 ADJOURNMENT 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), the City of Cupertino will make reasonable efforts to accommodate persons with qualified disabilities. If you require special assistance, please contact the city clerk’s office at 408-777-3223 at least 48 hours in advance of 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. CITY OF CUPERTINO Page 6