City Council

CITY OF CUPERTINO AGENDA CITY COUNCIL 10300 Torre Avenue and 10350 Torre Avenue Tuesday, January 24, 2017 5:00 PM Special Meeting Non-televised Closed Session (5:00) and Televised Open Session (6:45) NOTICE AND CALL FOR A SPECIAL MEETING OF THE CUPERTINO CITY COUNCIL NOTICE IS HEREBY GIVEN that a special meeting of the Cupertino City Council is hereby called for Tuesday, January 24, 2017, commencing at 5:00 p.m. for a closed session in City Hall Conference Room A, 10300 Torre Avenue, Cupertino, California 95014 and open session following at 6:45 p.m. in Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, California 95014. Said special meeting shall be for the purpose of conducting business on the subject matters listed below under the heading, “Special Meeting." SPECIAL MEETING CLOSED SESSION - 5:00 PM 10300 Torre Avenue, City Hall Conference Room A 1. Subject: Conference with Legal Counsel- Existing litigation (Paragraph (1) of subdivision (d) of Gov’t Code Section 54956.9). Name of Case: Alice Palmer v. City of Cupertino, et al., Santa Clara County Superior Court Case No. 16 CV301228 2. Subject: Conference with Legal Counsel- Existing litigation (Paragraph (1) of subdivision (d) of Gov’t Code Section 54956.9); Name of Case: Committee Supporting Cupertino Citizen’s Sensible Growth Initiative, et al. v. City of Cupertino, et al., Santa Clara County Superior Court Case No. 16 CV296322; Court of Appeal, Sixth Appellate District, Case No. H043940 3. Subject: Conference with Real Property Negotiators pursuant to Government Code Section 54956.8. Properties: APN 375-21-001, Lawrence Expressway at Mitty Avenue and APN 381-19-015, Lawrence Expressway at Doyle Road. Agency Negotiators: Jaqui Guzman. Negotiating Parties: San Jose Water Company; County Roads and Airports; City of San Jose. Under Negotiation: Price CITY OF CUPERTINO Page 1 City Council AGENDA January 24, 2017 and terms of payment PLEDGE OF ALLEGIANCE - 6:45 PM 10350 Torre Avenue, Community Hall Council Chamber ROLL CALL CEREMONIAL MATTERS AND PRESENTATIONS 4. Subject: Fine Arts Commission presentation of the Young Artist Award to three Cupertino elementary school students Recommended Action: Receive Fine Arts Commission presentation of the Young Artist Award to three Cupertino elementary school students 5. Subject: Presentation from the Fine Arts Commission of completed 2016 Work Plan items Recommended Action: Receive presentation from the Fine Arts Commission of completed 2016 Work Plan items 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. 6. Subject: Approve the December 20 City Council minutes Recommended Action: Approve the December 20 City Council minutes A - Draft Minutes 7. Subject: Accept Accounts Payable for the period ending November 11, 2016 Recommended Action: Adopt Resolution No. 17-001 accepting Accounts Payable for the period ending November 11, 2016 A - Draft Resolution B - AP Report 8. Subject: Accept Accounts Payable for the period ending November 18, 2016 CITY OF CUPERTINO Page 2 City Council AGENDA January 24, 2017 Recommended Action: Adopt Resolution No. 17-002 accepting Accounts Payable for the period ending November 18, 2016 A - Draft Resolution B - AP Report 9. Subject: Accept Accounts Payable for the period ending November 23, 2016 Recommended Action: Adopt Resolution No. 17-003 accepting Accounts Payable for the period ending November 23, 2016 A - Draft Resolution B - AP Report 10. Subject: Annual Report for Fiscal Year 2015-2016 Recommended Action: Accept Annual Report from July 1, 2015 to June 30, 2016 (Attachment A) Staff Report A - Annual Report 11. Subject: Council committee appointments Recommended Action: Approve Council committee appointments A - Committee Assignments 12. Subject: Consider adopting a resolution supporting the prohibition of industrial clear-cut logging in the forests of California Recommended Action: Adopt Resolution No. 17-004 supporting the prohibition of industrial clear-cut logging in the forests of California Staff Report A - Draft Resolution B - Resolution Letter C - Clear-Cutting Resolutions from Other Cities 13. Subject: Letters of support for SB 1 and AB 1 regarding transportation funding Recommended Action: Direct staff to send letters of support for SB 1 and AB 1 from the City Manager Staff Report A - AB 1 Letter of Support to Assembly Member Frazier B - SB 1 Letter of Support to Senator Beall C - Estimated Local Streets and Roads Funding with SB 1 and AB 1 D - AB 1 E - SB 1 14. Subject: Citywide Parks, Open Space and Recreation Master Plan agreement for consultant services CITY OF CUPERTINO Page 3 City Council AGENDA January 24, 2017 Recommended Action: Authorize the City Manager to negotiate and execute a consultant services agreement for preparation of the Citywide Parks, Open Space and Recreation Master Plan for a fee not to exceed $210,000 and authorize a contingency allowance anticipated to be $40,000 and subject to approval of the City Manager. Staff Report A - Parks and Rec Commission Minutes B - Draft Agreement 15. Subject: 2015 Contractual Janitorial Services - Project No. 2015-23, contract amendment Recommended Action: Staff recommends Council take the following actions: 1. Authorize the City Manager to execute an amendment (Attachment A) to the current janitorial services contract to provide for increased contractor compensation due to the adoption of City’s Minimum Wage Ordinance (Ordinance No. 2151); and 2. Adopt Resolution No. 17-005 amending approved FY 16/17 Operating Budget by an additional amount of $35,000 for janitorial services (Attachment B) Staff Report A - Draft Amendment B - Draft Resolution to amend FY 16/17 Operating Budget 16. Subject: Application for Alcohol Beverage License for Gogigo, Inc. (dba Gogigo Korean BBQ), 10815 N. Wolfe Road, Bldg A Suite A3 Recommended Action: Recommend approval to the California Department of Alcoholic Beverage Control of the application for Alcohol Beverage License for Gogigo, Inc (dba Gogigo Korean BBQ), 10815 N. Wolfe Road, Bldg A Suite A3 Staff Report A - Application 17. Subject: 2017 CDBG City-Wide Curb Ramp Installation Project, Project No. 2017-109 Recommended Action: Authorize the City Manager to award and execute a contract with JJR Construction, Inc., in the amount of $233,100 and approve a construction contingency of $11,900, for a total of $235,000 Staff Report A - Bid Summary B - Draft Contract SECOND READING OF ORDINANCES PUBLIC HEARINGS ORDINANCES AND ACTION ITEMS CITY OF CUPERTINO Page 4 City Council AGENDA January 24, 2017 REPORTS BY COUNCIL AND STAFF 18. Subject: Lehigh Cement Plant Noise Monitoring report Recommended Action: Receive the Lehigh Cement Plant Noise Monitoring report. No action is required Staff Report A - Lehigh Cement Plant Noise Monitoring Report dated November 29, 2016 19. Subject: Report from Valley Transportation Authority (VTA) regarding Next Network Program Recommended Action: Receive Report from Valley Transportation Authority (VTA) regarding Next Network Program 20. 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 January 24, 2017 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