City Council

CITY OF CUPERTINO AGENDA CITY COUNCIL 10350 Torre Avenue, Council Chamber Monday, June 6, 2016 6:45 PM Meeting moved for Election Tuesday PLEDGE OF ALLEGIANCE ROLL CALL CEREMONIAL MATTERS AND PRESENTATIONS 1. Subject: Presentation of "Leader of the Year" award to Director of Public Works Timm Borden from Chapter President Afshin Oskoui of the Silicon Valley Chapter of the American Public Works Association Recommended Action: Receive presentation 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. 2. Subject: Approve the May 17 City Council minutes Recommended Action: Approve the minutes A - Draft Minutes 3. Subject: Approve the May 24 City Council minutes (Teen Commission Interviews) Recommended Action: Approve the minutes CITY OF CUPERTINO Page 1 City Council AGENDA June 6, 2016 A - Draft Minutes 4. Subject: Accept Accounts Payable for the period ending April 1, 2016 Recommended Action: Adopt Resolution No. 16-052 accepting Accounts Payable for the period ending April 1, 2016 A - Draft Resolution B - AP Report 5. Subject: Accept Accounts Payable for the period ending April 8, 2016 Recommended Action: Adopt Resolution No. 16-053 accepting Accounts Payable for the period ending April 8, 2016 A - Draft Resolution B - AP Report 6. Subject: Accept Accounts Payable for the period ending April 15, 2016 Recommended Action: Adopt Resolution No. 16-054 accepting Accounts Payable for the period ending April 15, 2016 A - Draft Resolution B - AP Report 7. Subject: Accept Accounts Payable for the period ending April 22, 2016 Recommended Action: Adopt Resolution No. 16-055 accepting Accounts Payable for the period ending April 22, 2016 A - Draft Resolution B - AP Report 8. Subject: Accept Accounts Payable for the period ending April 29, 2016 Recommended Action: Adopt Resolution No. 16-056 accepting Accounts Payable for the period ending April 29, 2016 A - Draft Resolution B - AP Report 9. Subject: Accept Accounts Payable for the period ending May 6, 2016 Recommended Action: Adopt Resolution No. 16-057 accepting Accounts Payable for the period ending May 6, 2016 A - Draft Resolution B - AP Report 10. Subject: Approval of the Third Quarter Financial Report for Fiscal Year 2015-2016 CITY OF CUPERTINO Page 2 City Council AGENDA June 6, 2016 Recommended Action: Adopt Resolution No. 16-058 accepting the City Manager's Third Quarter Financial Report for Fiscal Year 2015-2016 to: 1. Approve decreased budget appropriations of $4,419,615 for the Capital Project and Enterprise Funds. 2. Approve increased budget appropriation of $50,000 in transfers out from the General Fund to the Public Affairs Information Technology budget. 3. Approve increased budget appropriations of $24,000 for Traffic Calming along Rodrigues Ave. and Pacifica Dr. 4. Approve increased budget appropriations of $200,000 in the Compensated Absence fund. 5. Approve increased appropriations of $30,000 in the City Hall Building Maintenance. Staff Report A - Draft Resolution B - Third Quarter Financial Report for FY 2015-16 C - Performance Measures - Redline Version for each Department D - Performance Measures - Clean Version for each Department 11. Subject: Adopt a resolution calling a General Municipal Election on November 8, 2016 to fill two City Council seats Recommended Action: Adopt Resolution No. 16-059 calling a General Municipal Election on November 8, 2016 to fill two City Council seats Staff Report A - Draft Resolution 12. Subject: Establish friendship cities in China, People's Republic of China (Chongqing, Changzhou, Nanjing, Hefei, Hangzhou, Kunming, Huangshan, Shanghai, Wuhan) and in Taiwan, Republic of China (Hsinchu County, Taipei, Taichung). Recommended Action: Authorize the Mayor to execute Letters of Intent establishing friendship cities in China, People's Republic of China (Chongqing, Changzhou, Nanjing, Hefei, Hangzhou, Kunming, Huangshan, Shanghai, Wuhan) and in Taiwan, Republic of China (Hsinchu County, Taipei, Taichung). CITY OF CUPERTINO Page 3 City Council AGENDA June 6, 2016 Staff Report A - Intent letter for Friendship City - Chongqing B - Intent letter for Friendship City - Changzhou C - Intent letter for Friendship City - Nanjing D - Intent letter for Friendship City - Hefei E - Intent letter for Friendship City - Hangzhou F - Intent letter for Friendship City - Kunming G - Intent letter for Friendship City - Huangshan H - Intent letter for a Friendship City - Shanghai I - Intent for Friendship City - Wuhan J - Intent letter for Friendship City - Hsinchu County K - Intent letter for Friendship City - Taipei L - Intent letter for Friendship City - Taichung 13. Subject: Declare brush to be a public nuisance and potential fire hazard and set hearing for June 21 for objections to proposed removal Recommended Action: Adopt Resolution No. 16-060 declaring brush to be a public nuisance and potential fire hazard and setting the hearing date for June 21 Staff Report A - Draft Resolution 14. Subject: The City's Case Manager received two donations specifically intended for the benefit of the Case Management program Recommended Action: Staff is requesting that the Council accept the monetary donations that will be used for the Case Management Program's Client Emergency Fund Staff Report 15. Subject: Application for Alcoholic Beverage License for 7 Eleven, Inc., 21490 McClellan Road (Store #2366) Recommended Action: Recommend approval to the California Department of Alcoholic Beverage Control of the Application for Alcoholic Beverage License for 7 Eleven, Inc., 21490 McClellan Road (Store #2366) Staff Report A - Application SECOND READING OF ORDINANCES PUBLIC HEARINGS 16. Subject: Public hearing to consider the Capital Improvement Plan (CIP); and a finding of General Plan conformance; and the Recommended Budget for Fiscal Year 2016-17; and the Adoption of the Recommended Budget for Fiscal Year CITY OF CUPERTINO Page 4 City Council AGENDA June 6, 2016 2016-17; and Establishment of the Appropriation Limit, and related actions. Recommended Action: a. Adopt Resolution No. 16-061 establishing a special project budget for the Planning and Community Development - Current Planning and Public Works Traffic Engineering Programs for costs related to Apple Pass Thru Revenues for Fiscal Year 2016-17 b. Adopt Resolution No. 16-062 establishing an Operating Budget and Capital Budget for Fiscal Year 2016-17 c. Adopt Resolution No. 16-063 establishing an Appropriation Limit for Fiscal Year 2016-17 Staff Report A - Draft Resolution Pass Thru Revenue B - Draft Resolution Operating and Capital Budget C - Draft Resolution Appropriation Limit D - Budget study session follow-up items ORDINANCES AND ACTION ITEMS 17. Subject: Receive the Certification of Sufficiency for the Vallco Town Center Specific Plan Initiative petition submitted by proponents Vicky Tsai and Judy Wilson and provide direction Recommended Action: Receive the Certification of Sufficiency for the Vallco Town Center Specific Plan Initiative petition submitted by proponents Vicky Tsai and Judy Wilson and provide direction; defer a decision on whether to place the measure on the November 8, 2016 ballot until after the 9212 Report on the Initiative is completed Staff Report A - Certification REPORTS BY COUNCIL AND STAFF 18. Subject: Report on Committee assignments and general comments Recommended Action: Report on Committee assignments and general comments ADJOURNMENT CITY OF CUPERTINO Page 5 City Council AGENDA June 6, 2016 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. CITY OF CUPERTINO Page 6