City Council

CITY OF CUPERTINO AGENDA 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 21st 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 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. 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 City Attorney B - Clean - Third Amendment to the Employment Contract for the City Attorney 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 Alcoholic Beverage Control License to the California Department of Alcoholic Beverage Control for Lyfe Kitchen, 19399 Stevens Creek Boulevard, Suite 106. Staff Report A - Application 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: Monta 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, LLC); 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 March 17, 2015 F - Planning Commission Resolution No. 6773, DP-2014-08 G -Planning Commission Resolution No. 6774, ASA-2014-13 H - Planning Commission Resolution No. 6775, TR-2014-60 I - Planning 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.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 7