City Council

CITY OF CUPERTINO AGENDA CITY COUNCIL 10300 Torre Avenue and 10350 Torre Avenue Tuesday, June 19, 2018 6:00 PM Non-televised Closed Session (6:00) and Televised Regular Meeting (6:45) CLOSED SESSION - 6:00 PM City Hall Conference Room A, 10300 Torre Avenue 1. Subject: Conference with Real Property Negotiators (Government 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 PLEDGE OF ALLEGIANCE - 6:45 PM Community Hall Council Chamber, 10350 Torre Avenue ROLL CALL CEREMONIAL MATTERS AND PRESENTATIONS 2. Subject: Proclamations to the 2018 CREST Award winners Recommended Action: Present proclamations to the 2018 CREST Award winners 3. Subject: Proclamation to Public Works Department Stormwater Pollution Inspector Manny Barragan for his dedicated service to our community Recommended Action: Present proclamation to Public Works Department Stormwater Pollution Inspector Manny Barragan for his dedicated service to our community 4. Subject: Presentation from the Recreation and Community Services department recognizing July as National Park & Recreation Month Recommended Action: Receive presentation from the Recreation and Community Services department recognizing July as National Park & Recreation Month POSTPONEMENTS Page 1 City Council AGENDA June 19, 2018 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. STUDY SESSION 5. Subject: Proposed restructuring of Cupertino’s business license tax Recommended Action: Provide staff direction on a proposed restructuring of the Cupertino’s business license tax Staff Report A - Voter Poll Results.docx B – Employee Count Business Tax Models C - Cupertino Business License Tax Rates (2018) D - Potential Projects 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. 6. Subject: Approve the June 4 (Study Session) City Council minutes Recommended Action: Approve the June 4 (Study Session) City Council minutes A - Draft Minutes 7. Subject: Approve the June 5 City Council minutes Recommended Action: Approve the June 5 City Council minutes A - Draft Minutes 8. Subject: Declare brush to be a potential fire hazard and set hearing for July 3 for determination of public nuisance and for objections to proposed removal Recommended Action: Adopt Resolution No. 18-062 declaring brush to be a potential fire hazard and set hearing for July 3 for determination of public nuisance and for objections to proposed removal Staff Report A - Draft Resolution Page 2 City Council AGENDA June 19, 2018 9. Subject: Agreement Extension and Amendment with Lifetime Tennis Inc., DBA Lifetime Activities Inc. Recommended Action: Authorize the City Manager to extend and amend the City's agreement with Lifetime Tennis Inc., DBA Lifetime Activities Inc. for six years (July 1, 2018 - June 30, 2024). Staff Report A - Current Agreement B - Unsigned First Amendment C - Draft Amendment D - Notice to Extend and Amend, Nov 2017 10. Subject: Cooperative purchasing agreement with Packet Fusion, Inc. for the technology refresh of the City's telephone system Recommended Action: Authorize the City Manager to negotiate and entering a cooperative purchasing agreement with Packet Fusion for Voice over Internet Protocol (VoIP) equipment, technical services, training and five years of maintenance for a total amount of $204,009 Staff Report A - Draft Contract 11. Subject: Agreement with Dan Gertmenian for the Math Olympiad education program for the period of July 1, 2018 - June 30, 2019. Recommended Action: Authorize the City Manager to execute an agreement with Dan Gertmenian for the Math Olympiad youth program for the one-year period of July 1, 2018 - June 30, 2019. Staff Report A - Draft Agreement 12. Subject: Application for Alcohol Beverage License for Dish N Dash, Inc (dba Dish N Dash), 20750 Stevens Creek Boulevard Recommended Action: Recommend approval to the California Department of Alcoholic Beverage Control of the application for Alcohol Beverage License for Dish N Dash, Inc (dba Dish N Dash), 20750 Stevens Creek Boulevard Staff Report A - Application SECOND READING OF ORDINANCES PUBLIC HEARINGS Page 3 City Council AGENDA June 19, 2018 13. Subject: Pogo Pilot Project Recommended Action: Approve extending the Pogo Pilot Project through June 30, 2019. Staff Report 14. Subject: Agreement with Airbnb to collect transient occupancy taxes from its platform users who operate short-term rentals in Cupertino. Recommended Action: Authorize the City Manager to enter into a voluntary collection agreement with Airbnb to collect transient occupancy taxes owed to City from short-term rental operators in Cupertino using the Airbnb platform. Staff Report A - Draft Voluntary Collection Agreement 15. Subject: Ordinance amendment of the collection procedures for the City's Transient Occupancy Tax (TOT), which is a tax imposed on travelers when they rent accommodations within the City pursuant to Cupertino Municipal Code Title 3, Chapter 3.12 Recommended Action: 1. Conduct the first reading of Ordinance No. 18-2174: "An Ordinance of the City Council of the City of Cupertino amending Chapter 3.12 of the Municipal Code to provide for the collection of transient occupancy taxes from short-term rentals using internet-based/social media platforms"; and 2. Schedule the second reading of the ordinance for July 3 Staff Report A - Draft Ordinance B - Redlined Changes ORDINANCES AND ACTION ITEMS 16. Subject: Designation of voting delegate and alternates for League of California Cities Annual Conference, September 12-14, Long Beach Recommended Action: Designate a voting delegate and up to two alternates for League of California Cities Annual Conference, September 12-14, Long Beach Staff Report A - Conference Information REPORTS BY COUNCIL AND STAFF 17. Subject: Report on Committee assignments and general comments Recommended Action: Report on Committee assignments and general comments ADJOURNMENT Page 4 City Council AGENDA June 19, 2018 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 5 City Council AGENDA June 19, 2018 consideration of that item. If you wish to address the Council on any issue that is on this agenda, please complete a speaker request card located in front of the Council, and deliver it to the Clerk prior to discussion of the item. When you are called, proceed to the podium and the Mayor will recognize you. If you wish to address the City Council on any other item not on the agenda, you may do so by during the public comment portion of the meeting following the same procedure described above. Please limit your comments to three (3) minutes or less. Page 6