City Council

CITY OF CUPERTINO AGENDA CITY COUNCIL 10300 Torre Avenue and 10350 Torre Avenue Tuesday, August 1, 2017 5:00 PM Non-televised Special Meeting Closed Session (5:00) and Televised Regular Meeting (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, August 01, 2017, commencing at 5:00 p.m. in City Hall Conference Room A, 10300 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." The regular meeting items will be heard at 6:45 p.m. in Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, California. SPECIAL MEETING ROLL CALL - 5:00 PM City Hall Conference Room A, 10300 Torre Avenue CLOSED SESSION 1. Subject: Conference with Legal Counsel-Existing Litigation pursuant to Paragraph (1) of subdivision (d) of Government Code Section 54956.9. Name of case: Emmy Glumac v. City of Cupertino, Santa Clara County Superior Court Case No. 17CV309611 2. Subject: Conference with Legal Counsel-Existing Litigation pursuant to Paragraph (1) of subdivision (d) of Government Code Section 54956.9. Name of case: City of Saratoga; City of Cupertino; Town of Los Gatos v. California Department of Transportation, et al., Santa Clara County Superior Court Case No. 115CV281214 CITY OF CUPERTINO Page 1 City Council AGENDA August 1, 2017 3. Subject: Conference with Legal Counsel - Anticipated Litigation Initiation of litigation pursuant to subdivision (c) of Government Code Section 54956.9 (one potential case) 4. Subject: Conference with Real Property Negotiators pursuant to Government Code Section 54956.8. Properties: 10849 Sycamore Drive, Cupertino, California; APN 342-57-028. Agency Negotiators: David Brandt, Jaqui Guzman. Negotiating Parties: Carol Atwood. Under Negotiation: Price and terms of payment ADJOURNMENT REGULAR MEETING PLEDGE OF ALLEGIANCE- 6:45 PM Community Hall, 10350 Torre Avenue ROLL CALL CEREMONIAL MATTERS AND PRESENTATIONS 1. Subject: 2017 Accomplishments of Community Enlightenment (ACE) Award Recommended Action: Present ACE Award from Library Commission to 2017 Recipients - Cupertino Poet Laureate Steering Committee 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. 2. Subject: Approve the July 5 City Council minutes Recommended Action: Approve the July 5 City Council minutes A - Draft Minutes CITY OF CUPERTINO Page 2 City Council AGENDA August 1, 2017 3. Subject: Accept Accounts Payable for the period ending April 14, 2017 Recommended Action: Adopt Resolution No. 17-065 accepting Accounts Payable for the period ending April 14, 2017 A - Draft Resolution B - AP Report 4. Subject: Accept Accounts Payable for the period ending April 21, 2017 Recommended Action: Adopt Resolution No. 17-066 accepting Accounts Payable for the period ending April 21, 2017 A - Draft Resolution B - AP Report 5. Subject: Accept Accounts Payable for the period ending April 28, 2017 Recommended Action: Adopt Resolution No. 17-067 accepting Accounts Payable for the period ending April 28, 2017 A - Draft Resolution B - AP Report 6. Subject: Accept Accounts Payable for the period ending May 5, 2017 Recommended Action: Adopt Resolution No. 17-068 accepting Accounts Payable for the period ending May 5, 2017 A - Draft Resolution B - AP Report 7. Subject: Accept Accounts Payable for the period ending May 12, 2017 Recommended Action: Adopt Resolution No. 17-069 accepting Accounts Payable for the period ending May 12, 2017 A - Draft Resolution B - AP Report 8. Subject: Treasurer's Investment Report for Quarter Ending June 2017 Recommended Action: Accept the report Staff Report A - Investment Portfolio B - Wells Fargo Value Comparison Report QE June 2017 C - Supplemental Portfolio Analysis CITY OF CUPERTINO Page 3 City Council AGENDA August 1, 2017 9. Subject: Adopt the draft resolution to add the City Manager as an alternate signor on the Authorization for Transfer of Funds form for the Local Agency Investment Fund in case there is a City Officer vacancy Recommended Action: Adopt Resolution No. 17-070 adding the City Manager as an alternate signor on the Authorization for Transfer of Funds form for the Local Agency Investment Fund in case there is a City Officer vacancy Staff Report A - Draft Resolution 10. Subject: 2017/18 Reconstruction of Curbs, Gutters and Sidewalks Project, Project No. 2017-112 Recommended Action: Authorize the City Manager to award and execute a contract with JJR Construction, Inc., in the amount of $2,648,138 and approve a construction contingency of $250,000, for a total of $2,898,138 Staff Report A - Bid Summary B - Draft Contract 11. Subject: 2017 Pavement Maintenance Project Phase 3, City Project No. 2017-111 Recommended Action: Authorize the City Manager to award a contract to O’Grady Paving, Inc., in the amount of $2,250,943.75; and approve a construction contingency of $249,056.25 for a total of $2,500,000 Staff Report A - Draft Contract 12. Subject: Award of the Storm Drain Improvements - Foothill Boulevard and Cupertino Road Project Recommended Action: Authorize the City Manager to award a contract to Con-Quest Contractors Inc., in the amount of $1,089,715 and approve a construction contingency of $200,000, for a total of $1,289,715 Staff Report A - Draft Contract CITY OF CUPERTINO Page 4 City Council AGENDA August 1, 2017 13. Subject: Award and authorize the City Manager to execute a contract for the Fiber Network Extension to the Service Center Project (Project No. 2017-04) Recommended Action: 1. Award and authorize the City Manager to execute a construction contract for the Fiber Network Extension to the Service Center Project with Aegis ITS, Inc. in the amount of$264,764.33; and 2. Authorize a construction contingency budget of $26,500.00, approximately 10% of the contract amount, to address unforeseen conditions during construction, for a total of $291,264.33 Staff Report A - Draft Contract SECOND READING OF ORDINANCES 14. Subject: Second reading of an ordinance amending the Municipal Code to regulate the placement of storage containers and temporary fencing, size of signage notice boards for development, size of Accessory Dwelling Units, and including amendments to various other chapters of Title 19 - Zoning of the Municipal Code, including but not limited to, Chapter 19.08 (Definitions), Chapter 19.28 (Single-Family Residential (R-1) Zones), Chapter 19.36, Multiple-Family Residential (R-3) Zones, Chapter 19.40 (Residential Hillside (RHS) Zones), Chapter 19.60 (General Commercial (CG) Zones), Chapter 19.64, Permitted, Conditional and Excluded Uses In Office And Industrial Zones and 19.116 (Conversions of Apartment Projects to Common Interest Developments) for compliance with State Law, readability, clarifications, and internal consistency. (Application No. MCA-2017-03; Applicant: City of Cupertino; Location: City-wide) Recommended Action: Conduct the second reading and enact Ordinance No. 17-2165: “An Ordinance of the City Council of the City of Cupertino amending Chapter 9.22, Property Maintenance, Chapter 19.12, Administration, Chapter 19.112, Accessory Dwelling Units In R-1, RHS, A and A-1 Zones, and minor amendments in Chapter 19.08, Definitions, Chapter 19.24, Agricultural (A) and Agricultural-Residential (A-1) Zones, Chapter 19.28, Single-Family Residential (R-1) Zones, Chapter 19.36, Multiple-Family Residential (R-3) Zones, Chapter 19.40, Residential Hillside (RHS) Zones, Chapter 19.60, General Commercial (CG) Zones, Chapter 19.64, Permitted, Conditional and Excluded Uses In Office And Industrial Zones And 19.116, Conversions Of Apartment Projects To Common Interest Developments" Staff Report A - Draft Ordinance B - Changes since first reading CITY OF CUPERTINO Page 5 City Council AGENDA August 1, 2017 PUBLIC HEARINGS 15. Subject: 2017-18 Community Development Block Grant (CDBG) Annual Action Plan Recommended Action: Conduct the Public Hearing and Adopt Resolution No. 17-071 approving the 2017-18 CDBG Annual Action Plan Staff Report A - Draft Resolution B - Housing Commission Resolution 17-03 C - 2017-18 CDBG Annual Action Plan 16. Subject: Consider whether to authorize the formal submission of General Plan Amendment applications for the three proposals received in the 2017 Second Cycle including: 16A - Hotel at Cupertino Village site; 16B - Hotel at Good Year Tire store site; and 16C - Mixed-use development at the Oaks Shopping Center. Recommended Action: Staff recommends that the City Council adopt Resolution No. 17-072 (Attachment A) after determining if the application(s) is/are authorized to move forward to apply for a General Plan Amendment(s) Cover Staff Report A - Draft Resolution B - CC Resolution No. 15-078 16a. Subject: A proposal to demolish two commercial buildings and construct a new full-service boutique hotel with 185 rooms and conference space and restaurant at the Cupertino Village that requires City Council authorization for formal submission of General Plan Amendment applications. (Application No.(s): GPAAuth-2017-03; Applicant: Michael Strahs (Kimco Realty); Location: 10765 N. Wolfe Road; APN(s): 316-45-017) 16A - Staff Report for Cupertino Village site (hotel) 16A.1 - Proposed Plans and Project Description 16A.2 - EPS Fiscal Analysis for Cupertino Village site 16b. Subject: A proposal to demolish a 8,323 s.f. auto service station and construct a new 156-room, five-story hotel, with conference space and restaurant at the Good Year Tire site that requires City Council authorization for formal submission of General Plan Amendment applications. (Application No.(s): GPAAuth-2017-01; Applicant: Claudio Bono (De Anza Properties); Location: 10931 N. De Anza Boulevard; APN(s): 326-10-061 16B - Staff Report 16B.1 - Goodyear Tire site project plans and Project Description 16B.2 - EPS Fiscal Analysis for Good Year Tire site CITY OF CUPERTINO Page 6 City Council AGENDA August 1, 2017 16c. Subject: A proposal to demolish an existing ~71,254 sq.ft. commercial shopping center and construct one of the two alternative mixed-use developments at the Oaks Shopping Center site that requires City Council authorization for formal submission of one of the alternatives for formal submission of General Plan Amendment applications. (Application No.(s): GPAAuth-2017-02; Applicant: KT Urban (Mark Tersini); Location: 21267 Stevens Creek Boulevard; APN: 326-27-039, -040 and -041) 16C - Staff Report for Oaks Shopping Center 16C.1 - Alt. 1 (mixed-use residential) proposed plans 16C.2 - Alt. 2 (mixed-use gateway) proposed plans 16C.3 - Project Description and other studies 16C.4 - EPS Fiscal Analysis for Oaks Shopping Center 16C.5 - Public comments ORDINANCES AND ACTION ITEMS 17. Subject: Hearing to approve assessment of fees on private parcels for the annual weed abatement program Recommended Action: Conduct hearing and adopt Resolution No. 17-073 providing for lien assessments and collection resulting from the abatement of public nuisances and potential fire hazards (weeds on private parcels) Staff Report A - Draft Resolution B - Exhibit A-1 Assessment Report REPORTS BY COUNCIL AND STAFF 18. 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 August 1, 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 8