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HomeMy WebLinkAboutCity Council - Apr 2015AGENDA OF THE CITY COUNCIL TUESDAY, APRIL 21, 2015 Regular Meeting 6:45 PM Rod Sinks Savita Vaidhyanathan Mayor Gilbert Wong Council Member Council Member Carol Korade City Attorney David Brandt • • • City Manager • Staff • • Staff • 1�1 Speaker's Podium Barry Chang Vice Mayor Darcy Paul / Council Member L Grace Schmidt City Clerk • STATE OF CAL OR:,JA CC!WNTY OF Staff Staff ) SS. d, V , AN EMPLOYEE T)THE CITY OF CUPERTINO DEPA ?T= MENT, STATE UNDER P N AL Y OF PERJURY THAT ON (DATE) ( I (TIA:1E)Ar�S NALLY POSTED THE NOTICE/AGENDA ON TTHE BULLETIN BOARD AT C" HALL. DACE COMMUNITY HALL COUNCIL CHAMBER 10350 Torre Avenue, Cupertino, California 95014 (408) 777-3200 (City Hall) www.cupertino.org R 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 on audiotape and videotape; 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 1 Staff reports and makes recommendation 1 Applicant makes presentation (up to 10 mins.) Mayor invites members of the public to speak about the agenda item 4 Mayor closes the hearing It City Council votes on the agenda item Councilmembers report any site visits or outside communications Council members ask questions Council members ask questions Speakers submit a Request to Speak card, and are allowed up to 3 minutes per individual, or up to 10 minutes per group. Council members may ask questions of speakers. A Council member makes a motion and obtains a second. The City Council then discusses the motion(s) and votes. 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.orr , 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.aspx?page =125 for a reconsideration petition form. CITY OF CUPERTINO AGENDA CUPERTINO CITY COUNCIL 10350 Torre Avenue, Council Chamber Tuesday, April 21, 2015 6:45 PM PLEDGE OF ALLEGIANCE ROLL CALL CEREMONIAL MATTERS AND PRESENTATIONS 1. Subject: Presentation regarding the Cupertino Neighborhood Watch public safety programs Recommended Action: Receive presentation 2. Subject: Present proclamation recognizing April 2015 as California Safe Digging Month Recommended Action: Present proclamation POSTPONEMENTS 3. Subject: GPA for changes to development allocations that was originally noticed for tonight's agenda will be re -noticed to May 19 Recommended Action: No formal Council action needed 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 April 7 City Council minutes Recommended Action: Approve minutes CITY OF CUPERTINO Page I City Council AGENDA April21, 2015 A - Draft Minutes 5. Subject: Accept Accounts Payable for period ending March 27, 2015 Recommended Action: Adopt Resolution No. 15-028 accepting Accounts Payable for the period ending March 27, 2015 A - Draft Resolution B - AP Report 6. Subject: Accept Accounts Payable for period ending April 3, 2015 Recommended Action: Adopt Resolution No. 15-029 accepting Accounts Payable for period ending April 3, 2015 A - Draft Resolution B - AP Report 7. Subject: Accept Accounts Payable for period ending April 10, 2015 Recommended Action: Adopt Resolution No. 15-030 accepting Accounts Payable for the period ending April 10, 2015 A - Draft Resolution B - AP Report 8. Subject: 2015/2016 City Council Work Program Recommended Action: Approve the 2015/2016 City Council Work Program Staff Report A - 2015/2016 Work Program 9. Subject: Approve the destruction of records from the City Clerk, Code Enforcement, Finance, and Public Works departments Recommended Action: Adopt Resolution No. 15-031 approving the destruction of records Staff Report A - Draft Resolution 10. Subject: Provide formal direction regarding the Stevens Creek Boulevard to McClellan Ranch Road Corridor Master Plan in regards to scoping an Environmental Impact Report in conjunction with new facts associated with camp transportation using the Blackberry Farm swim and picnic facility Recommended Action: Vote to implement the direction given at the February 3, 2015 study session which would overturn the Council February 18, 2014 action to commence an Environmental Impact Report on the Stevens Creek Boulevard to McClellan Ranch Road Corridor Master Plan Staff Report A - Groups Scheduled for 2015 Season B - Alternative Transportation Survey Responses CITY OF CUPERTINO Page 2 City Council AGENDA April 21, 2015 11. Subject: Application for Alcoholic Beverage License for 7 Eleven, 21530 Stevens Creek Boulevard Recommended Action: Recommend approval of the Alcoholic Beverage License to the California Department of Alchoholic Beverage Control for 7 Eleven, 21530 Stevens Creek Boulevard Staff Report A - Application 12. Subject: Funding agreement between the City of Cupertino and the Santa Clara Valley Transportation Authority (VTA) for Apple Campus 2 Traffic Mitigation Improvements Recommended Action: Authorize the City Manager to execute an agreement with the VTA to transfer funds from the City that were contributed pursuant to mitigations of freeway segment impacts identified in the Apple Campus 2 Environmental Impact Report Staff Report A - Draft Funding Agreement 13. Subject: Cost Sharing Agreement between the City of Cupertino and the Cupertino Sanitary District for the September Drive Storm and Sanitary Sewer Improvement Project Recommended Action: Authorize the City Manager to execute the cost sharing agreement between the City of Cupertino and the Cupertino Sanitary District on behalf of the City of Cupertino Staff Report A - Cost Sharing Agreement executed by Cupertino Sanitary District B - Proposed Improvement Vicinity Map SECOND READING OF ORDINANCES 14. Subject: An Ordinance of the City Council of the City of Cupertino amending sections of Chapter 2.40 of Title 2 of the Cupertino Municipal Code relating to the membership and role of the Disaster Council and for other clarification Recommended Action: Conduct second reading and enact Ordinance No. 15-2129: "An Ordinance of the City Council of the City of Cupertino amending sections of Chapter 2.40 of Title 2 of the Cupertino Municipal Code relating to the membership and role of the Disaster Council and for other clarification" Staff Report A - Disaster Council Ordinance Redline B - Disaster Council Ordinance Clean Copy PUBLIC HEARINGS CITY OF CUPERTINO Page 3 City Council AGENDA April21, 2015 ORDINANCES AND ACTION ITEMS 15. Subject: Update of Master Street Tree List (continued from April 7) Recommended Action: Adopt Resolution No. 15-016 to update the Master Street Tree List Staff Report A - Proposed Master Street Tree List B - Redlined Current Master Street Tree LIst C - Revised Neighborhood Themed Map D - Redlined Neighborhood Themed Map E - Draft Resolution 16. Subject: Update of the City of Cupertino Americans with Disabilities Act (ADA) Self -Evaluation and Transition Plan (postponed from March 3) Recommended Action: Approval of the City of Cupertino Americans with Disabilities Act (ADA) Self -Evaluation and Transition Plan Update Staff Report A - Cityof f Cupertino Self Evaluation and Transition Plan B - City of Cupertino Self -Evaluation and Transition Plan Appendices REPORTS BY COUNCIL AND STAFF 17. Subject: Report on Committee assignments and general comments Recommended Action: Report on Committee assignments and general comments ADJOURNMENT CITY OF CUPERTINO Page 4 City Council AGENDA April 21, 2015 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.orglindex.aspx?page=125for 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. CIT F OF CUPERTINO Page 5 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 nine commissions, which are appointed by the Council. These are the Bicycle Pedestrian Commission, Fine Arts Commission, Cupertino Housing Commission, Library Commission, Parks and Recreation Commission, Planning Commission, Public Safety Commission, Teen Commission, and the 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: Rod Sinks Barry Chang Darcy Paul Gilbert Wong Savita Vaidhyanathan Council secretary City Hall citycouncil@cupertino.org RSinks@cupertino.org (408) 777-3194 BChang@cupertino.org (408) 777-3192 DPaul@cupertino.org (408) 777-3193 GWong@cupertino.org (408) 777-3191 SVaidhyanathan@cupertino.org (408) 777-3195 KarenG@cupertino.org (408) 777-3212 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-mailed agendas, minutes, elections, and other items on the city website at www.cupertino.org, or fill out a Speaker Card at the meeting and check your categories of interest. 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. Click "View meetings online." You can also use iTunes to listen online or download podcasts of City Council meetings . iTunes is a free software program available for Mac and PC users. Occasionally, news and community information is also available at www.Twitter.com/CupertinoCom AUDIO Tune into Radio Cupertino, 1670 AM, for meeting announcements, public service messages, and emergency announcements. USEFUL TELEPHONE NUMBERS City of Cupertino (City Hall) General Information and Comments (408) 777-CITY Fire (Emergency) Santa Clara County Fire Dept. dispatch 911 Fire (Non -Emergency) Santa Clara County Fire Dept. (408) 378-4010 Garbage Recology South Bay (408) 725-4020 Gas & Electricity Pacific Gas & Electric (PG&E) 1-800-743-5000 Parks & Recreation Quinlan Community Center (408) 777-3120 Police (Emergency) Santa Clara County Sheriff dispatch 911 Police (Non -Emergency) Santa Clara County Sheriff (408) 868-6600 Public Health Santa Clara County Public Health (408) 732-3720 Sanitary Sewers Cupertino Sanitary District (408) 253-7071 Water San Jose Water (408) 279-7900 California Water (650) 917-0152 OFFICE OF THE CITY CLERK CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3223 www.cupertino.org CUPERTINO CUPERTINO CITY COUNCIL NOTICE OF APRIL 7, 2015 CONTINUATION OF PUBLIC HEARING ITEM TO MAY 5, 2015 AT 6:45 PM NOTICE IS HEREBY GIVEN that the following public hearing item was continued from April 7, 2015 to the regular meeting of the Cupertino City Council of May 5, 2015 at 6:45 p.m. for purposes of continued public hearing, consideration, deliberation, and decision: Appeal of a Planning Commission approval of a Development Permit to allow the construction of a two-story 15 unit apartment complex; Architectural and Site approval to allow the construction of a 15 unit apartment complex housed within 3, two-story buildings with underground parking; Tree Removal Permit to allow the removal and replacement of 6 trees to facilitate the construction of a new apartment complex. Application(s): DP-2014-08, ASA-2014-13, TR-2014-60; Appellant(s): Bo & Hyung Chang, Kalyan & Meera Ramanathan, Doris DeFranco, Kate & Alan Brauner, Ying Lu, Wei Kuo Chang, Amber East-D'Anna; Applicant(s): Terry Brown (D&B Legacy, LLC); Location: 10310 N Foothill Blvd (APN #326-15-096). The meeting will be held in the Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, California. STATE OF CALIFORNIA S. CO Y OF -SA " ' CIA ) I, AN EMPLO EE THE CITY OF CUPERTINO DEPART- MENT, STATE UNDER PENALTY OF PERJURY THAT.QN (DATE) Sr (TIME) —1 2 '. `-( S�Cth1, I PERSONALLY POSTED THE NOTICE/AGENDA ON THE BULLETIN BOARD AT 4eff 6 I'` r L. t Grace Schmidt, City Clerk kJ&L� � P�elj_ DATE SI+GNIATURE AGENDA OF THE CITY COUNCIL TUESDAY, April 7,2015 Regular Meeting 6:45 PM Rod Sinks Savita Vaidhyanathan Mayor Barry Chang Gilbert Wong Council Member Vice Mayor Darcy Paul Council Member Council Member Carol Korade Grace Schmidt tto y City Attorney City Clerk David Brandt 0 0 0 0 0 _r� Staff City Manager Staff Staff ---/ STATE OF CAL :NIA N.IA\�, staff 0 )SS. couNTY OF SAN14- CA A\ -1,J), I,— GUU,)," A,.N EMPLOYEE OF'TLC CITY 0 C Ljj "D Speaker's MENT, STATE UNDEIR PE;N(kL-f-,,1T 0'; Podium "T PERJURY T ON PE) (TIME) � t VAT�i P ry) POSTED THE BULLETIN BOARD " T 41 DAIS COMMUNITY HALL COUNCIL CHAMBER 10350 Torre Avenue, Cupertino, California 95014 (408) 777-3200 (City Hall) %vww.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 on audiotape and videotape; 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 1 Staff reports and makes recommendation 1 Applicant makes presentation (up to 10 mins.) 1 Mayinvites members of the public to speak about the agenda item It — Mayor closes the hearing 1 City Council votes on the agenda item Council members report any site visits or outside communications Council members ask questions Council members ask questions Speakers submit a Request to Speak card, and are allowed up to 3 minutes per individual, or up to 10 minutes per group. Council members may ask questions of speakers. A Council member makes a motion and obtains a second. The City Council then discusses the motion(s) and votes. 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.or�, 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.aspx?page =125 for a reconsideration petition form. CITY OF CUPERTINO ►IT"MO I CUPERTINO CITY COUNCIL 10350 Torre Avenue, Council Chamber Tuesday, April 7, 2015 6:45 PM PLEDGE OF ALLEGIANCE ROLL CALL CEREMONIAL MATTERS AND PRESENTATIONS 1. Subject: 2015 Arbor Day Proclamation Recommended Action: Present proclamation 2. Subject: Presentation by Santa Clara County Fire Department (SCCFD) and El Camino Hospital regarding the "Find the AED Contest" Recommended Action: Receive the presentation POSTPONEMENTS 3. Subject: Update of Master Street Tree List Recommended Action: Continue this item to April 21 st 4. Subject: Main Street major retail and shop 6 buildings, park space and gateway feature (This item will tentatively be heard on May 5 and will be re -noticed) 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 lcnv will prohibit the council from making any decisions ivith 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. 5. Subject: Approve the March 17 City Council minutes CITY OF CUPERTINO Page 1 City Council AGENDA April 7, 2015 Recommended Action: Approve minutes A - Draft Minutes 6. Subject: Accept Accounts Payable for period ending March 13, 2015 Recommended Action: Adopt Resolution No. 15-018 accepting Accounts Payable for the period ending March 13, 2015 A - Draft Resolution B - AP Report 7. Subject: Accept Accounts Payable for period ending March 20, 2015 Recommended Action: Adopt Resolution No. 15-019 accepting Accounts Payable for the period ending March 20, 2015 A - Draft Resolution B - AP Report 8. Subject: Third Amendment to the Employment Contract for the City Attorney Recommended Action: Approve the amendment to the employment contract for the City Attorney Staff Report A - Redlined - Third Amendment to the Employment Contract for the Cit) B - Clean - Third Amendment to the Employment Contract for the City A 9. Subject: Application for Alcoholic Beverage License for Fresh Pixx, 20080 Stevens Creek Boulevard, Suite 106 Recommended Action: Recommend approval of the Alcoholic Beverage Control License to the California Department of Alcoholic Beverage Control for Fresh Pixx, 20080 Stevens Creek Boulevard, Suite 106. Staff Report A - Application 10. Subject: Application for Alcoholic Beverage License for Lyfe Kitchen, 19399 Stevens Creek Boulevard, Suite 106 Recommended Action: Recommend approval of the License to the California Department of Alcoholic Kitchen, 19399 Stevens Creek Boulevard, Suite 106. Staff Report A - Application Alcoholic Beverage Control Beverage Control for Lyfe 11. Subject: Application for Alcoholic Beverage License for I Sushi & Grill, 20371 Stevens Creek Boulevard, Recommended Action: Recommend approval of the Alcoholic Beverage Control License to the California Department of Alcholic Beverage Control for I Sushi & Grill, 20371 Stevens Creek Boulevard. CITY OF CUPERTINO Page 2 City Council AGENDA April 7, 2015 Staff Report A - Application 12. Subject: Approval of the Countywide AB 939 Agreement and of the Agreement to participate in the Countywide Household Hazardous Waste (HHW) Program Recommended Action: a. Adopt Resolution No. 15-020, authorizing execution of the Agreement for Countywide AB 939 Implementation Fee for FY 2016-2018 b. Adopt Resolution No. 15-021, authorizing execution of the Agreement for Countywide Household Hazardous Waste Collection Program for FY 2016-2018 Staff Report A - Draft Resolution authorizing agreement for AB 939 B - Draft Resolution authorizing agreement for HHWC C - Agreement for AB 939 D - Agreement for HHWC 13. Subject: Morita Vista Storm Drain Improvements Project, No. 2004-9620 Recommended Action: Authorize the City Manager to award a contract to Casey Construction, Inc. of Emerald Hills, CA in the amount of $1,423,980; and approve a construction contingency of $285,000 (20%) for a total of $1,708,980 Staff Report A - Draft Contract 14. Subject: 2014 Sidewalk Accessibility Improvements, Project No. 2014-15, authority to award construction contract Recommended Action: Authorize the City Manager to award the construction contract plus a 10% contingency if the bids are within the established budget and there are no unresolved bid protests Staff Report SECOND READING OF ORDINANCES 15. Subject: An Ordinance of the City Council of the City of Cupertino Amending Section 11.32 of the Cupertino Municipal Code Relating to Truck Traffic Routes (second reading) Recommended Action: Conduct second reading and enact Ordinance No. 15-2128: "An Ordinance of the City Council of the City of Cupertino amending Chapter 11.32 of the Cupertino Municipal Code to restrict truck access to streets adjacent to public schools during certain hours" Staff Report A - Draft Ordinance B - Draft Redlined Ordinance C - March 3.2015 Staff Report CITY OF CUPERTINO Page 3 City Council AGENDA April 7, 2015 PUBLIC HEARINGS 16. Subject: Appeal of a Planning Commission approval of a proposed 15 unit apartment development on Foothill Boulevard Recommended Action: Hear the appeal and uphold the Planning Commission decision to approve the project based on Draft Resolution 15-022 (DP-2014-08), Draft Resolution 15-023 (ASA-2014-13) and Draft Resolution 15-024 (TR-2014-60) Description: Application(s): DP-2014-08, ASA-2014-13, TR-2014-60; Appellant(s): Bo & Hyung Chang, Kalyan & Meera Ramanathan, Doris DeFranco, Kate & Alan Brauner, Ying Lu, Wei Kuo Chang, Amber East-D'Anna;Applicant(s): Terry Brown (D&B Legacy, LLQ Location: 10310 N Foothill Blvd (APN #326-15-096); Appeal of a Planning Commission approval of a Development Permit to allow the construction of a two-story 15 unit apartment complex;Architectural and Site approval to allow the construction of a 15 unit apartment complex housed within 3, two-story buildings with underground parking;Tree Removal Permit to allow the removal and replacement of 6 trees to facilitate the construction of a new apartment complex Staff Report A - Draft Resolution DP-2014-08 B - Draft Resolution ASA-2014-13 C - Draft Resolution TR-2014-60 D - Letter of Appeal from the Appellants E - Traffic Study (Hexagon Transportation Consultants, Inc.) dated Marc. F - Planning Commission Resolution No. 6773, DP-2014-08 G -Planning Commission Resolution No. 6774, ASA-2014-13 H - Plamzing Commission Resolution No. 6775, TR-2014-60 I - Plamling Commission Staff Report dated February 10 2015 J - Planning Commission draft meeting minutes from February 10, 2015 K - Planning Commission - approved plans 17. Subject: 2015-20 Community Development Block Grant (CDBG) Program Consolidated Plan, 2015-16 Annual Action Plan and 2015-16 Grant Funding Allocations Recommended Action: Conduct Public Hearing; and 1) Adopt Draft Resolution No. 15-025 approving the 2015-20 Community Development Block Grant (CDBG) Program Consolidated Plan, 2015-16 CDBG Annual Action Plan and; 2) Adopt Draft Resolution No. 15-026 approving the 2015-16 CDBG, General Fund Human Service Grants (HSG) Program and Below Market -Rate (BMR) Affordable Housing Fund (AHF) funding allocations CITY OF CUPERTINO Page 4 City Council AGENDA April 7, 2015 Staff Report A - Draft Resolution B - Draft Resolution C - Consolidated Plan & Annual Action Plan D - Grant Application Summary E - Grant Application Descriptions F - HSG Grant Contract Amendment G - BMR AHF Grant Contract Amendment H - CDBG Public Service Contract Amendment I - CDBG Rehab Grant Contract J - CDBG Rehab Grant Agreement K - CDBG Rehab Regulatory Agreement 18. Subject: Vacate a Portion of the Cordova Road Roadway Easement, Along 10645, 10655, and 10665 Cordova Road Recommended Action: Conduct a public hearing and adopt Resolution No. 15-027 vacating a portion of Cordova Road Staff Report A - Vacation and Dedication Exhibit B - Draft Resolution ORDINANCES AND ACTION ITEMS 19. Subject: Cupertino's Safe Routes to School Task Force is a coordinated effort between the City, the Cupertino Union School District and the Fremont Union High School District to change community behavior, attitudes, and social norms to make it safer for all students to walk and bike to and from school through both programs and infrastructure projects Recommended Action: Staff recommends that the Council adopt Resolution No. 15-017 in support of the Safe Routes to School National Partnership Consensus Statement (Attachment B) which lays the foundation to launch Cupertino's Safe Routes to School Task Force Pilot Program. This effort will formally ally the City and School Districts to team with relevant stakeholders to educate school site administrators, parents, and students about bicycle safety; build multigenerational pedestrian and cyclist awareness; and mitigate traffic concerns by promoting a comprehensive, proactive behavior and infrastructure -based approach to securing safety along school routes and within school sites Staff Report A - Draft Resolution Safe Routes to School B - Safe Routes to School Concensus Statement C - Safe Routes to School Update D - Safe Routes to School Primer CITY OF CUPERTINO Page 5 City Council AGENDA April 7, 2015 20. Subject: An Ordinance of the City Council of the City of Cupertino Amending Sections of Chapter 2.40 of the Cupertino Municipal Code Relating to Disaster Council. Recommended Action: Conduct First Reading of Ordinance No. 15-2129: "An Ordinance of the City Council of the City of Cupertino amending sections of Chapter 2.40 of Title 2 of the Cupertino Municipal Code relating to the membership and role of the Disaster Council and for other clarifications. Staff Report A - Redline Draft Ordinance B - Clean Draft Ordinance REPORTS BY COUNCIL AND STAFF 21. Subject: Report on Committee assignments and general comments Recommended Action: Report on Committee assignments and general comments ADJOURNMENT CITY OF CUPERTINO Page 6 City Council AGENDA April 7, 2015 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.orglindex.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 f om 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 7 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 nine commissions, which are appointed by the Council. These are the Bicycle Pedestrian Commission, Fine Arts Commission, Cupertino Housing Commission, Library Commission, Parks and Recreation Commission, Planning Commission, Public Safety Commission, Teen Commission, and the 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 Rod Sinks Barry Chang Darcy Paul Gilbert Wong Savita Vaidhyanathan Council secretary City Hall citycouncil@cupertino.org RSinks@cupertino.org (408) 777-3194 BChang@cupertino.org (408) 777-3192 DPaul@cupertino.org (408) 777-3193 GWong@cupertino.org (408) 777-3191 SVaidhyanathan@cupertino.org (408) 777-3195 KarenG@cupertino.org (408) 777-3212 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-mailed agendas, minutes, elections, and other items on the city website at www.cupertino.org, or fill out a Speaker Card at the meeting and check your categories of interest. 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. Click "View meetings online." You can also use Tunes to listen online or download podcasts of City Council meetings . iTunes is a free software program available for Mac and PC users. Occasionally, news and community information is also available at www.Twitter.com/CupertinoCom AUDIO Tune into Radio Cupertino, 1670 AM, for meeting announcements, public service messages, and emergency announcements. USEFUL TELEPHONE NUMBERS City of Cupertino (City Hall) Fire (Emergency) Fire (Non -Emergency') Garbage Gas & Electricity Parks & Recreation Police (Emergency) Police (Non -Emergency) Public Health Sanitary Sewers Water General Information and Comments Santa Clara County Fire Dept. dispatch Santa Clara County Fire Dept. Recology South Bay Pacific Gas & Electric (PG&E) Quinlan Community Center Santa Clara County Sheriff dispatch Santa Clara County Sheriff Santa Clara County Public Health Cupertino Sanitary District San Jose Water California Water (408) 777-CITY 911 (408) 378-4010 (408)725-4020 1-800-743-5000 (408) 777-3120 911 (408) 868-6600 (408)732-3720 (408) 253-7071 (408) 279-7900 (650) 917-0152