City Council

CITY OF CUPERTINO AGENDA CITY COUNCIL 10300 Torre Avenue and 10350 Torre Avenue Tuesday, September 6, 2016 6:00 PM Non-televised Closed Session (6:00); Followed by Televised Regular Meeting (6:45) CLOSED SESSION - 6:00 PM 10300 Torre Avenue, City Hall Conference Room A 1. Subject: Conference with legal counsel - Existing Litigation pursuant to Paragraph (1) of subdivision (d) of Gov't Code 54956.9; City of Cupertino v. Siemens Industry, Inc. et al, Case #1-14-CV-272838 PLEDGE OF ALLEGIANCE - 6:45 PM 10350 Torre Avenue, Community Hall Council Chamber ROLL CALL CEREMONIAL MATTERS AND PRESENTATIONS 2. Subject: Present proclamation to Cupertino resident Rajee Shah in recognition of performing community service Recommended Action: Present proclamation to Cupertino resident Rajee Shah in recognition of performing community service 3. Subject: Present Certificates of Recognition to Cupertino Staff Members Frank Villa and Pete Arnst for responding quickly to aid an injured bicyclist Recommended Action: Present Certificates to Cupertino Staff Members Frank Villa and Pete Arnst for responding quickly to aid an injured bicyclist 4. Subject: Cupertino Transit Video II Recommended Action: Present Cupertino Transit Video II POSTPONEMENTS 5. Subject: Continue Item No. 21 Appeal of Kimberly Sandstrom Appeal Regarding Eligibility to Purchase Below Market Rate (BMR) Unit to September 20, 2016 CITY OF CUPERTINO Page 1 City Council AGENDA September 6, 2016 Recommended Action: Continue Item No. 21 Appeal of Kimberly Sandstrom Appeal Regarding Eligibility to Purchase Below Market Rate (BMR) Unit to September 20, 2016 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. 6. Subject: Approve the August 2 City Council minutes Recommended Action: Approve the August 2 City Council minutes A - Draft Minutes 7. Subject: Accept Accounts Payable for the period ending July 1, 2016 Recommended Action: Adopt Resolution No. 16-085 accepting Accounts Payable for the period ending July 1, 2016 A - Draft Resolution B - AP Report 8. Subject: Accept Accounts Payable for the period ending July 8, 2016 Recommended Action: Adopt Resolution No. 16-086 accepting Accounts Payable for the period ending July 8, 2016 A - Draft Resolution B - AP Report 9. Subject: Accept Accounts Payable for the period ending July 15, 2016 Recommended Action: Adopt Resolution No. 16-087 accepting Accounts Payable for the period ending July 15, 2016 A - Draft Resolution B - AP Report 10. Subject: Accept Accounts Payable for the period ending July 22, 2016 Recommended Action: Adopt Resolution No. 16-088 accepting Accounts Payable for the period ending July 22, 2016 A - Draft Resolution B - AP Report CITY OF CUPERTINO Page 2 City Council AGENDA September 6, 2016 11. Subject: Accept Accounts Payable for the period ending July 29, 2016 Recommended Action: Adopt Resolution No. 16-089 accepting Accounts Payable for the period ending July 29, 2016 A - Draft Resolution B - AP Report 12. Subject: Biennial Review of Conflict of Interest Code of the City of Cupertino for officials and designated positions Recommended Action: a.) Rescind Resolution No. 14-168 and adopt Resolution No. 16-090 amending the Conflict of Interest Code of the City of Cupertino; and b.) Authorize the City Manager to sign the required 2016 Local Agency Biennial Notice Staff Report A - Draft Resolution Redline Version B - Draft Resolution Clean Version C - 2016 Local Agency Biennial Notice 13. Subject: Second amendment to agreement for consultation services with Insight Recommended Action: 1. Amend compensation and terms sections of the first amended and restated agreement that expired on June 30, 2016; and 2. Authorize the City Manager to sign the second amended and restated agreement with Insight Staff Report A - Draft Seconded Amended and Restated Agreement B - First Amended and Restated Agreement 14. Subject: Execute a lease agreement with Self-Help For The Elderly Program for use of Creekside Park Building for the period of September 12, 2016-December 31, 2016 Recommended Action: Authorize City Manager to negotiate and execute a lease agreement with Self-Help For the Elderly Program for use of the Creekside Park Building for the period of September 12, 2016-December 31, 2016 Staff Report A - Draft Lease Agreement B - Clients Distribution Chart 2015-16 15. Subject: Fee waiver request from League of Women Voters of Cupertino-Sunnyvale for approximately $255 in facility use fees for the use of Community Hall on September 22, September 26 and September 28, 2016 for candidate forums and a presentation. Recommended Action: Staff recommends approval of fee waiver request. Staff Report A- LWV Letter 16. Subject: Request from Mr. Leon Chen to sponsor a bench in memory of his son, CITY OF CUPERTINO Page 3 City Council AGENDA September 6, 2016 Erik Chen, at Creekside Park Recommended Action: Accept a donation for a bench with a special plaque in memory of Erik Chen from his father Mr. Leon Chen to be placed at Creekside Park Staff Report A- Resolution No. 03-162 17. Subject: Application for Alcohol Beverage License for Lyfe Kitchen Norcal, LLC (dba Lyfe Kitchen), 19399 Stevens Creek Boulevard Recommended Action: Approve application for Alcohol Beverage License for Lyfe Kitchen Norcal, LLC (dba Lyfe Kitchen), 19399 Stevens Creek Boulevard Staff Report A - Application 18. Subject: Authorization of funding for the Sidewalk Renovation-Stevens Creek Blvd (Stelling-De Anza) Project in order to enhance accessibility in the public right of way Recommended Action: Authorize funding in the amount of $250,000 for the Sidewalk Renovation-Stevens Creek Blvd (Stelling-De Anza) Project Staff Report A - Area Map 19. Subject: Master Agreement between the City of Cupertino and HMH Engineering, Inc. (HMH) to provide civil engineering services on various Capital Improvement Projects Recommended Action: Authorize the City Manager to execute a Master Agreement between the City of Cupertino and HMH in he amount not to exceed $1,000,000 for a term of approximately two years Staff Report A - Draft Agreement SECOND READING OF ORDINANCES 20. Subject: Second Reading of an ordinance amending Section 11.27.145 of the Cupertino Municipal Code relating to Designation of Preferential Parking Zone on Canyon Oak Way Recommended Action: Conduct the second reading and enact Ordinance No. 16-2147: "An Ordinance of the City Council of the City of Cupertino amending Section 11.27.145 of the Cupertino Municipal Code relating to designation of preferential parking zones" on Canyon Oak Way on Saturdays, Sundays and holidays between the hours of 7 a.m. and 4 p.m. Staff Report A - Permit Parking Map B - Draft Ordinance CITY OF CUPERTINO Page 4 City Council AGENDA September 6, 2016 PUBLIC HEARINGS 21. Subject: Appeal of Kimberly Sandstrom Appeal Regarding Eligibility to Purchase Below Market Rate (BMR) Unit Recommended Action: Appeal of Kimberly Sandstrom Appeal Regarding Eligibility to Purchase Below Market Rate (BMR) Unit has been continued to September 20, 2016 22. Subject: Redevelopment of Marina Foods with associated site and off-site improvements Recommended Action: a) Adopt Resolution No. 16-091 approving Development Permit (DP-2015-05) and Environmental Analysis (Negative Declaration) (EA-2015-05); and b) Adopt Resolution No. 16-092 approving Architectural and Site Approval (ASA-2015-22); and c) Adopt Resolution No. 16-093 approving Use Permit (U-2015-06); and d) Adopt Resolution No. 16-094 approving Heart of the City Exception (EXC-2016-03); and e) Adopt Resolution No. 16-095 approving Fence Exception (EXC-2016-05); and f) Adopt Resolution No. 16-096 approving Tree Removal Permit (TR-2016-14); and g) Conduct the first reading of Ordinance No. 16-2148 (development agreement DA-2016-01): "Ordinance of the City Council of the City of Cupertino approving a Development Agreement by and among the City of Cupertino, Cupertino 10145, LLC, and Marina Plaza LLC, for the Marina Plaza project at 10122 Bandley Drive and 10145 North De Anza Boulevard" CITY OF CUPERTINO Page 5 City Council AGENDA September 6, 2016 Staff Report CC - 1 Draft Resolution DP-2015-05 and EA-2015-035 CC - 2 Draft Resolution ASA-2015-22 CC - 3 Draft Resolution U-2015-06 CC - 4 Draft Resolution EXC-2016-03 CC - 5 Draft Resolution EXC-2016-05 CC - 6 Draft Resolution TR-2016-14 CC - 7 Draft Ordinance ORD DA-2016-1 CC - 7A Draft Agreement Marina DA CC - 7B Letter from Applicant to Cupertino Union School District CC - 7C Letter from Applicant to Fremont Union High School District CC - 8 Planning Commission staff report and draft minutes, June 14, 2016 CC - 9 Planning Commission staff report and draft minutes, July 26, 2016 CC - 10 Final Planning Commission Resolutions (Nos. 6809-6814) CC - 11 Environmental Review Committee Recommendation CC - 12 Initial StudyMitigated Negative Declaration (ISMND) CC - 13 Response to Comments Memo for ISMND CC - 14 CEQA Memo for Development Agreement 23. Subject: Consideration pursuant to a Lease with San Jose Water Company, of the reasonableness of an increase in water rates to customers served by the Cupertino Municipal Water System leased to San Jose Water Company. The increase in rates is substantially identical to that authorized by the California Public Utilities Commission (“CPUC”), after extensive review, for systems owned and operated by San Jose Water Company in other areas within the City Recommended Action: 1. Hold a Public Hearing on proposed Cupertino Municipal Water System potable water rates and charges; and 2. Adopt Resolution 16-097, finding no basis to find as unreasonable the increase in Cupertino Municipal Water System potable water rates and charges, effective September 15, 2016 and retroactive to January 1, 2016, by 8.6% which is equivalent to the rate increase authorized by the California Public Utilities Commission (“CPUC”), after extensive review for systems owned and operated by San Jose Water Company in other areas within the City Staff Report A - Draft Resolution B - Water Service Map C - Lease Agreement with San Jose Water Company D - Cupertino Rate Increase Request 2016 E - Drought Surcharge Calculation Sample F - Water Rate Increase Comments ORDINANCES AND ACTION ITEMS CITY OF CUPERTINO Page 6 City Council AGENDA September 6, 2016 24. Subject: Hearing to approve assessment of fees on private parcels for the annual weed abatement program Recommended Action: Conduct hearing and adopt Resolution No. 16-098 approving the assessment of fees on private parcels for the annual weed abatement program Staff Report A - Draft Resolution B - Exhibit A Assessment Report 25. Subject: Accept resignation of Technology, Information, and Communications Commissioner Shishir Chavan and direct staff to fill the unscheduled vacancy in January; and set application deadline and interview dates for commissions with terms expiring in January, or provide further direction to staff. Recommended Action: a) Accept the resignation of Technology, Information, and Communications Commissioner Shishir Chavan and direct staff to fill the unscheduled vacancy in January 2017; and b) Set the application deadline of 4:30 p.m. on Friday, January 13, 2017 and interviews beginning at 5:00 p.m. on Monday and Tuesday, January 23 and 24 for commissions with terms expiring January 30, 2017, or provide further direction to staff. Staff Report A - Resignation Letter B - Appointments List and Vacancy Notice 26. Subject: Consider updates to the City’s Policies and Guidelines on Sister Cities to address friendship cities Recommended Action: Approve recommended Policies and Guidelines on Sister Cities, Friendship Cities, and International Delegations Staff Report A - Redline Policies and Guidelines on Sister Cities B - Draft Policies and Guidelines on Sister Cities, Friendship Cities, and International Delegations REPORTS BY COUNCIL AND STAFF 27. Subject: Construction Project Updates Recommended Action: Receive Construction Project Updates 28. Subject: Report on Committee assignments and general comments Recommended Action: Report on Committee assignments and general comments ADJOURNMENT CITY OF CUPERTINO Page 7 City Council AGENDA September 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 8