City Council

CITY OF CUPERTINO AGENDA CITY COUNCIL 10350 Torre Avenue, Council Chamber Tuesday, August 20, 2019 5:30 PM Televised Special Meeting Study Session (5:30) and 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 20, 2019, commencing at 5:30 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." 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 - 5:30 PM STUDY SESSION 1. Subject: Study session to discuss how the 2016 Bicycle Transportation Plan and 2018 Pedestrian Transportation Plan Projects have been brought to Council for consideration, how currently funded projects are being scheduled for completion, and recommendation of project information and impacts staff is to consider and describe for future funding requests Recommended Action: Receive presentation and provide input Staff Report A - Master Plan Process B - Project Initiation Form C - CIP Approval Process D - Bike-Ped Project Schedules E - Budget Detail Modified rev 1 ADJOURNMENT REGULAR MEETING PLEDGE OF ALLEGIANCE - 6:45 PM Page 1 City Council Agenda August 20, 2019 ROLL CALL CEREMONIAL MATTERS AND PRESENTATIONS POSTPONEMENTS ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the Council on any matter not on the agenda. The total time for Oral Communications will ordinarily be limited to one hour. Individual speakers are limited to three (3) minutes. As necessary, the Chair may further limit the time allowed to individual speakers, or reschedule remaining comments to the end of the meeting on a first come first heard basis, with priority given to students. In most cases, State law will prohibit the Council from discussing or making any decisions with respect to a matter not listed on the agenda. REPORTS BY COUNCIL AND STAFF (10 minutes) 1. Subject: Report on Committee assignments Recommended Action: Report on Committee assignments 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: FY 2017-18 Comprehensive Annual Financial Report (CAFR) and related supplemental reports. Recommended Action: Approve the FY 2017-18 Comprehensive Annual Financial Report (CAFR) and related supplemental reports. Staff Report A - FY 2017-18 CAFR B - FY 2017-18 GAGAS Report C - FY 2017-18 Appropriation Limit AUP Report D - FY 2017-18 Investment AUP Report 3. Subject: Treasurer’s Investment Report for period ending June 30, 2019 Recommended Action: Approve the Treasurer's Investment Report for period ending June 30, 2019. Staff Report A - Chandler Investment Report B - Wells Fargo Market Cost Report Page 2 City Council Agenda August 20, 2019 4. Subject: Updated Joint Use Agreement between the City of Cupertino and Cupertino Union School District (CUSD) pertaining to maintenance and improvements of certain open space areas within specific school sites for reimbursement of authorized Clean Water and Storm Protection Fees Recommended Action: 1. Authorize the City Manager to execute an updated Joint Use Agreement between the City of Cupertino and CUSD; and 2. Authorize expenditures in the amount of $8,705.80 from the Non-Point Source Fund to reimburse CUSD for Clean Water and Storm Protection Fees associated with certain open space areas within specific school sites Staff Report A - Red-lined version of the November 16, 2016 JUA B - Clean copy version of the proposed JUA 5. Subject: Adopt the City of Cupertino Annex to the Santa Clara County Community Wildfire Protection Plan as the City of Cupertino Community Wildfire Protection Plan. Recommended Action: Adopt Resolution No. 19-107 which adopts the City of Cupertino Annex to the Santa Clara County Community Wildfire Protection Plan as the City of Cupertino’s Community Wildfire Protection Plan. Staff Report A - Draft Resolution B – City of Cupertino Community Wildfire Protection Plan – Annex 7 6. Subject: Award Byrne Avenue Sidewalk Improvements, Project Number 2016-10 Recommended Action: Authorize the City Manager to award a contract to Granite Construction Company in the amount of $1,853,984 and approve a construction contingency of $185,398, for a total of $2,039,382 for the Byrne Avenue Sidewalk Improvements, Project Number 2016-10 Staff Report A - Draft Contract 7. Subject: Authorize the City Manager to execute a lease agreement with the Regents of the University of California for the Rolling Hills 4H Club for facilities at the McClellan Ranch Preserve Recommended Action: Authorize the City Manager to execute a lease agreement with the Regents of the University of California for the Rolling Hills 4H Club for facilities at the McClellan Ranch Preserve for a period of five years, from September 1, 2019 through August 31, 2024 Staff Report A - Draft Rolling Hills 4-H Lease Agreement - 2019 B - Existing Rolling Hills 4-H Lease Agreement - 2009 C - Amendment 1 to Existing 4-H Agreement D - Amendment 2 to Existing 4-H Agreement Page 3 City Council Agenda August 20, 2019 8. Subject: Agreement with Nomad Transit LLC (Via Transportation Inc.) for the 18-month On-Demand Community Shuttle Pilot Program Recommended Action: Authorize the City Manager to execute an agreement with Nomad Transit LLC (Via Transportation Inc.) for the 18-month On-Demand Community Shuttle Pilot Program with a not-to-exceed cost of $1,750,000 Staff Report A - Draft Agreement 9. Subject: Accept termination of Audit Committee member James (Jim) Luther and direct staff to fill the unscheduled vacancy in January 2020 concurrent with the annual recruitment for all commission and committee members’ terms expiring in January, 2020. Recommended Action: Accept termination of Audit Committee member James (Jim) Luther and direct staff to fill the unscheduled vacancy in January 2020 concurrent with the annual recruitment for all commission and committee members’ terms expiring in January, 2020. Staff Report A - Termination Letter B – Adopted Resolution No. 16-137 Establishing Rules Governing Recruitment SECOND READING OF ORDINANCES 10. Subject: Second reading of Ordinance No. 19-2186, approving a development agreement between the City of Cupertino and Cupertino Village LP for the Cupertino Village Hotel project located at 10801 and 10805 North Wolfe Road; APN #316-45-017, 316-05-056 Recommended Action: Conduct the second reading of Ordinance No. 19-2186: "An Ordinance of the City Council of the City of Cupertino Approving a Development Agreement for the Development of a new 5-story, 185 room hotel with associated site and landscaping improvements located at 10801 and 10805 North Wolfe Road (APN: 316-45-017 and 316-05-056.” Staff Report A - Ordinance No. 19-2186 B - Development Agreement C - Redline Version of Development Agreement PUBLIC HEARINGS 11. Subject: Vallco Shopping District Special Area General Plan Amendments and Associated Zoning Amendments; and Second Addendum to the Environmental Impact Report for the 2014 General Plan Amendment, Housing Element Update, and Associated Rezoning Project Page 4 City Council Agenda August 20, 2019 Recommended Action: That the City Council: 1. Conduct the public hearing; and 2. Adopt: a. Resolution No. 19-108, a resolution adopting a Second Addendum to the Environmental Impact Report for the 2014 General Plan Amendment, Housing Element Update, and Associated Rezoning Project (Attachment 1); b. Resolution No. 19-109 (GPA-2019-01), a resolution amending the General Plan to remove Office as a permitted use from the Vallco Shopping District Special Area and remove associated office allocations (Attachment 2); c. Resolution No. 19-110 (GPA-2019-02), a resolution amending the General Plan and General Plan Land Use Map to establish height limits and enact development standards for residential uses within the Vallco Shopping District Special Area and identifying a recommended location for future residential development on 13.1 acres of the Special Area (Attachment 3); 2. Introduce and conduct the first reading of: a. Ordinance No. 19-2187 (MCA-2019-01), "An Ordinance of the City Council of the City of Cupertino eliminating references in the Municipal Code to the Vallco Town Center Specific Plan and adding language establishing development standards for a new Mixed Use Planned Development with Multifamily (R3) Residential and General Commercial zoning designation (P(R3,CG))" (Attachment 4); and b. Ordinance No. 19-2188 (Z-2019-01), "An Ordinance of the City Council of the City of Cupertino amending the zoning map to rezone 13.1 acres within the Vallco Shopping District Special Area to Mixed Use Planned Development with Multifamily (R3) Residential zoning P(R3,CG) and General Commercial uses and the remainder of the Special Area to General Commercial (CG)" (Attachment 5). Staff Report 1 - Draft City Council Resolution Adopting Addendum 2 - Draft GPA-2019-01 City Council Resolution Approving Office GPA 3 - Draft GPA-2019-02 City Council Resolution Approving Residential GPA 4 - Draft MCA-2019-01 City Council Ordinance re Vallco Municipal Code Amends 5 - Draft Z-2019-01 City Council Ordinance re Vallco Zoning Amends 6 - August 2, 2019 Letter to City from HCD 7 - August 12, 2019 Response Letter to HCD from City 8 - Existing General Plan Vallco Shopping District Special Area policies 9 - Aerial of Vallco Shopping District Special Area and APN Map 10 - Alt Site Locations for Res Uses within Vallco Shopping District 11 - Planning Commission Resolution 6884 12 - August 14, 2019 Hausrath Economics Group Memo 13 - Second Addendum to GPA, HE, and Associated Rezoning Project EIR 14 - Responses to Comments on 2nd Addendum to 2014 Certified GPA, HE, and Associated Rezoning Draft EIR ORDINANCES AND ACTION ITEMS Page 5 City Council Agenda August 20, 2019 12. Subject: Establish a Residential Clean Water Rebate Program offering various financial incentives to decrease storm water runoff and establish a 20% cost-share of Clean Water and Storm Protection Fees for extremely low and very low-income property owners Recommended Action: 1. Authorize expenditures not to exceed $25,000 per year from the Environmental Management/Clean Creeks Fund to: A. fund the Santa Clara Valley Water District’s Rainwater Capture Program to match rebates for rain barrels, cisterns, and rain garden construction for Cupertino residential property owners offered through the Santa Clara Valley Water District’s new program, and B. to fund a separate City program that would provide property owners up to $3.00 per square foot of impervious surface removed and replaced with pervious hardscape; and 2. Adopt Resolution No. 19-111 to approve a Budget Adjustment in the amount of $25,000 in the Non-Point Source Fund for the Santa Clara Valley Water District’s Rainwater Capture Program, and the new impervious pavement conversion rebate pilot program (230-81-802); and 3. Authorize a 20% cost-share of Clean Water and Storm Protection Fees for extremely low and very low-income property owners; and 4. Authorize expenditures not to exceed $14,000 per year from the Non-Point Source Fund for a 20% cost-share of the 2019 Clean Water and Storm Protection fee for extremely low and very low-income property owners (230-81-802) Staff Report A - City SCVWD Cost Share Agreement B - Draft Resolution 13. Subject: Amendment to the FY 2019-2020 City Council Work Program to add a new Community Development Work Program Item related to increasing noticing for development projects. Recommended Action: That the City Council decide whether to amend the 2019/2020 City Work Program as proposed and appropriate funds to complete the project. Staff Report A - Excerpts from FY 2019-2020 Work Program ORAL COMMUNICATIONS - CONTINUED (As necessary) COUNCIL AND STAFF COMMENTS AND FUTURE AGENDA ITEMS ADJOURNMENT 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. Page 6 City Council Agenda August 20, 2019 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. IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipal Code 2.08.100 written communications sent to the Cupertino City Council, Commissioners or City staff concerning a matter on the agenda are included as supplemental material to the agendized item. These written communications are accessible to the public through the City’s website and kept in packet archives. You are hereby admonished not to include any personal or private information in written communications to the City that you do not wish to make public; doing so shall constitute a waiver of any privacy rights you may have on the information provided to the City. 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. Page 7