Loading...
03-20-12 Searchable packet Table of Contents Agenda3 2011-2012 Work Program 2011-2012 Work Program7 March 6 City Council minutes Draft Minutes43 Accounts Payable for period ending February 17, 2012 Draft Resolution48 Accounts Payable for period ending February 24, 2012 Draft Resolution56 Accounts Payable for period ending March, 2, 2012 Draft Resolution59 Accounts Payable for period ending March 9, 2012 Draft Resolution73 Alcoholic Beverage License, One Eyed Spirits, 19200 Stevens Creek Boulevard, Suite 200 Staff Report78 Application79 Alcoholic Beverage License, Ludlow, 21265 Stevens Creek Boulevard, Suite 205 (Japanese restaurant in the Oaks shopping center replacing Sushi Ya) Staff Report84 Application85 Municipal Improvements, 21600 Rainbow Drive Staff Report88 A. Map89 City Manager position recruitment process No written materials in packet90 The City’s intent to vacate Finch Avenue, between Stevens Creek Boulevard and Vallco Parkway Staff Report91 A. Draft Resolution92 B. Map96 Annual Status report of the General Plan and Housing Element Staff Report97 A. General Plan Matrix98 B. Housing Element Report on HCD Form211 Initial 40% Litter Reduction Plan for the City of Cupertino Staff Report217 A. Option 1221 B. Option 2222 C. Option 3223 Professional services agreement with Lifetime Tennis Staff Report224 1 Agreement226 2 AGENDA CUPERTINO CITY COUNCIL ~ REGULAR ADJOURNED MEETING SUCCESSOR TO THEREDEVELOPMENT AGENCY ~ REGULAR MEETING 10350 Torre Avenue, Community Hall Council Chamber Tuesday, March 20, 2012 2:30PM CITY COUNCIL MEETING ROLL CALL – 2:30 PM STUDY SESSION 1.Subject:2011-2012 Work Program 2011-2012 Work Program Page:7 ROLL CALL –5:00 PM CLOSED SESSION 2.Subject:Public Employee Appointment (Government Code 54957); Title: City Manager PLEDGE OF ALLEGIANCE– 6:45 PM ROLL CALL CEREMONIAL MATTERS ANDPRESENTATIONS 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. 3 Tuesday, March 20, 2012Cupertino City Council Successor to theRedevelopment Agency 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. 3.Subject:March 6 City Council minutes Recommended Action:Approve minutes Draft Minutes Page:43 4.Subject:Accounts Payable for period ending February 17, 2012 Recommended Action:Adopt Resolution No. 12-025 Draft Resolution Page:48 5.Subject:Accounts Payable for period ending February 24, 2012 Recommended Action:Adopt Resolution No. 12-026 Draft Resolution Page:56 6.Subject:Accounts Payable for period ending March, 2, 2012 Recommended Action:Adopt Resolution No. 12-027 Draft Resolution Page:59 7.Subject:Accounts Payable for period ending March 9, 2012 Recommended Action:Adopt Resolution No. 12-028 Draft Resolution Page:73 8.Subject:Alcoholic Beverage License, One Eyed Spirits, 19200 Stevens Creek Boulevard, Suite 200 Recommended Action:Approve application for Distilled Spirits Importer & Wholesaler Staff Report Application Page:78 9.Subject:Alcoholic Beverage License, Ludlow, 21265 Stevens Creek Boulevard, Suite 205 (Japanese restaurant in the Oaks shopping center replacing Sushi Ya) Recommended Action:Approve application for On-Sale Beer and Wine for Bona Fide Public Eating Place Staff Report Application Page:84 4 Tuesday, March 20, 2012Cupertino City Council Successor to theRedevelopment Agency 10.Subject:Municipal Improvements, 21600 Rainbow Drive Recommended Action:Accept Municipal Improvements Description:The work included driveway approach and curb & gutter improvements in the City right-of-way Staff Report A. Map Page:88 11.Subject:City Manager position recruitment process Recommended Action:Authorize the City Manager to negotiate and execute a contract with a recruiting firm to conduct the City Manager recruitment No written materials in packet Page:No written materials in packet 12.Subject:The City’s intent to vacate Finch Avenue, between Stevens Creek Boulevard and Vallco Parkway Recommended Action:Adopt Resolution No. 12-029 setting a public hearing on April 17, 2012 at 6:45 p.m. Staff Report A. Draft Resolution B. Map Page:91 SECOND READING OF ORDINANCES PUBLIC HEARINGS ORDINANCESAND ACTION ITEMS 13.Subject:Annual Status report of the General Plan and HousingElement Recommended Action:Approve for submission to the California Department of Housing & Community Development (HCD)by April 1, 2012 Description:Review of the General Plan progress and program implementation as required by State Law Staff Report A. General Plan Matrix B. Housing Element Report on HCD Form Page:97 5 Tuesday, March 20, 2012Cupertino City Council Successor to theRedevelopment Agency 14.Subject:Initial 40% Litter Reduction Plan for the City ofCupertino Recommended Action:Adopt a plan and direct staff to join in a regional effort to prepare an Environmental Impact Report to cover the possibility that the City may adopt a Single-Use Carryout Bag Ban in the future Staff Report A. Option 1 B. Option 2 C. Option 3 Page:217 15.Subject:Professional services agreement with Lifetime Tennis Recommended Action:Authorize the City Manager to execute the agreement Staff Report Agreement Page:224 REPORTSBY COUNCIL AND STAFF ADJOURNMENT SUCCESSOR TO THE REDEVELOPMENT AGENCY MEETING Canceled for lack of business. The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6; litigation challenging a final decision of the City Council/Redevelopment Agency must be brought within 90 days after a decision is announced unless a shorter time is required by State or Federal law. Any interested person, including the applicant, prior to seeking judicial review of the city council’s decision with respect to quasi-judicial actions, must first file a petition for reconsideration with the city clerk within ten days after the council’s decision. Any petition so filed must comply with municipal ordinance code §2.08.096. In compliance with the Americans with Disabilities Act (ADA), the City of Cupertino will make reasonable efforts to accommodate persons with qualified disabilities. If you require special assistance, please contact the city clerk’s office at 408-777-3223 at least 48 hours in advance of 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. 6 DRAFT MINUTES CUPERTINO CITY COUNCIL Special Meeting 10350 Torre Avenue, Community Hall Council Chamber Tuesday, March 6, 2012 ROLL CALL At 5:00p.m. Mayor Mark Santorocalled the specialmeeting to order in the Council Chamber, 10350 Torre Avenue,Cupertino, California. Present: Mayor Mark Santoro, Vice-Mayor Orrin Mahoney, and Council members Barry Chang, Rod Sinks, and Gilbert Wong. Absent: None. CLOSED SESSION 1.Subject:Conference with Labor Negotiator (Government Code 54957.6); Agency negotiator: Carol Atwood; Employee organizations: CEA and OE3 Council recessed to a closed session from 5:00 p.m. to 6:55p.m. At 6:55p.m., the City Council reconvened in open session. Mayor Mark Santoroannounced that the Council met in closed sessionand gavedirection to their negotiator; no action was taken. PLEDGE OF ALLEGIANCE At 6:55p.m. Mayor Mark Santorocalled the regular meeting to order in the Council Chamber, 10350 Torre Avenue, Cupertino, California, and led the Pledge of Allegiance. ROLL CALL Present: Mayor Mark Santoro, Vice-Mayor Orrin Mahoney, and Council members Barry Chang, Rod Sinks, andGilbert Wong. Absent: None. 43 Tuesday, March 6, 2012Cupertino City Council CEREMONIAL MATTERS ANDPRESENTATIONS 2.Subject:Engineering Excellence award for Stevens Creek Corridor Park & Restoration Phase 1 Recommended Action:Present award to Director of Public Works Mayor Mark Santoro presented the award to Timm Borden, Director of Public Works.Mr. Borden thanked the mayor for the award. He also thanked Gail Seeds, Carmen Lynaugh, Barbara Banfield, Terry Greene, Mark Linder, Tom Walters, and former Director of Public Works Ralph Qualls and former Director of Parks and Recreation Therese Smith for their dedication to the completion of Phase I. Mr. Borden also noted that he believes there was a very high level of motivation and inspiration that went into the completion of Phase I and that he expects that same level will bepresent during Phase II. POSTPONEMENTS -None ORAL COMMUNICATIONS -None CONSENT CALENDAR Wong moved and Mahoneyseconded to approve the items on the Consent Calendar as recommended.Ayes: Chang, Mahoney, Santoro, Sinks, and Wong. Noes: None. Abstain: None. 3.Subject:February 21 City Council minutes Recommended Action:Approve minutes 4.Subject:Accounts Payable for period ending February 10, 2012 Recommended Action:Adopt Resolution No. 12-123 5.Subject:Approve destruction of records from the Public Information Office Recommended Action:Adopt Resolution No. 12-124 SECOND READING OF ORDINANCES -None PUBLIC HEARINGS -None ORDINANCESAND ACTION ITEMS 6.Subject:Date for work program study session Recommended Action:Set date for March 20 and select a time The Council members concurred to hold a work program study session on Tuesday, March 20,beginning at 2:30p.m., in the Community Hall Council Chamber 44 Tuesday, March 6, 2012Cupertino City Council 7.Subject:Date for Teen Commission interviews Recommended Action:Staff recommends the following deadlines: Applications due in the City Clerk’s Office on Friday, May 11 Interviews held beginning at 3:30 p.m. on Tues, May 22 and Wed, May 23 (as needed) The Council members concurred to set the application deadline on April 27and conduct interviews onTuesday, May 8beginning at 3:30 p.m. Interviews may also be scheduled on Wednesday, May 9, at 3:30 p.m. if additional time is needed. 8.Subject:Public Tree Ordinance Amendments Recommended Action: 1.Approve recommended amendments to the Public Tree Ordinance and conduct first reading: Ord. No. 12-2092: "An Ordinance of the City Council of the City of Cupertino re-titling and amending Chapter 14.12 pertaining to Public Trees" 2.Approve the Master Street Tree List 3.Approve the New Street Tree Cost Schedule 4.Approve the Public Tree Damage or Removal Fee Schedule Description:Municipal Code Amendment to Chapter 14.12 (Trees) of the Cupertino Municipal Code regarding responsibilities of public tree management, increasing penalties for damaging/removing public trees and meeting requirements to become a Tree City USA The City Clerk distributed an email from Deborah Jamison dated March 6, asking for clarification on the tree trimming prohibitions, and recommending that the Master Street Tree List be modified to include some California native trees that have the appropriate characteristics to qualify as a street tree. Director of Public Works Timm Borden introduced the itemand Assistant Public Works Director Roger Leereviewed the staff report via a PowerPoint presentation. Jennifer Griffin said that she is pleased with the street tree crewsand the treatment they give to the publictrees. They have taken a proactive approach to helping the trees in her Rancho Rinconada neighborhood. Wei Min said that he is pleased Cupertino wants to become a tree city but said that the new ordinance won’t helpbecause ofthe major lack of trees in the City, especially on Rainbow near Stelling. Many streets have trees that are gone and it stays that way for many years. He said that this ordinance talks about penalizing people for hurting trees but what would help is to do something to plant newtrees around the empty spaces. Jerome Viet said that his home on Larry Way doesn’t have a sidewalk so he didn’tknow that the tree he planted on his propertyactually belongs to the City.Mr. Viet stated that a tree trimmer approached him and he paid the trimmercash to trim the tree, but the trimmer did a poor job and part of the tree is now dead. Mr. Viet stated that he has now learned that although the tree he planted appears to be part ofhis property it is actually a City tree and that he may face a fine for trimming a tree that heplanted believing it was his own tree. 45 Tuesday, March 6, 2012Cupertino City Council Patrick Kwok urged Council to look atthe type of tree to be removed. He explained that the penalty should be more severe for protected trees and for a developer who removes a tree, rather than a resident trimming atree for the benefit of environment and didn’t know apermit was required.He noted that in comparing between cities, the recommendation for Cupertino is too different and should be comparable, and that outreach and education especially for new residentsis important so they know the rules and the fines. He said that trees are important to ahigh-quality of life in Cupertino but urged Council to use discretion on circumstances on fines levied. City Attorney Carol Korade clarifiedthat she sent a letter to four individuals and indicated that they were cited under the old ordinance so the fine would not go up as a result of this new ordinance. She also stated that if Council passed the ordinance as it is proposed with a financial hardship and lien procedure included, two things would happen: the fee amount would be limited to be the lesseramount or the individual would have the option to pay nothing and place a lien on their property. She confirmed that this could be done retroactively to include the current outstanding individuals. The City Clerk read the title of the ordinance. Wong moved and Mahoneyseconded to read the ordinance by title only, and that the City Clerk’s reading would constitute the first reading thereof. Ayes: Chang, Mahoney, Santoro, Sinks and Wong. Noes: None. Council agreed to the following amendments to the ordinance: Change misdemeanor to infraction Change second paragraph in 14.12.140a to be the same as previous paragraph Include multiplier for species and incorporate three different categories of condition with achart attached inaresolution as tree species change over time Include two tiers for offenses where second offender is professional contractor or homeowner showing malice and all others are first offenders; minimum fee of $600 Smooth the fee schedule to 1-inch increments and include tree replacement in whole schedule Sinks/Wong moved and seconded to bring back attachment D (Master Street Tree List)as a resolution. The motion carried unanimously. REPORTSBY COUNCIL AND STAFF City Manager David Knappgave Council options regarding making a decision ona headhunter firm to hire a new City Manager. Council concurred that a sub-committee consisting of Rod Sinks and Gilbert Wong would dothe footwork andthewhole Council would choose the firm. Council directed staff to schedule on-going closed sessions at the beginning of each Council meeting as a placeholder until a decision is made. Council concurred to look at best practices regarding the Memorial Park geese issue and put information in the Manager’s Weekly Notes. Council concurred to agendize a discussion on capping the campaign contribution limit at $500. 46 Tuesday, March 6, 2012Cupertino City Council Council member Chang brought up the issue of banning plastic bags. Public Works Director Timm Borden said that staff would be bringing back an agenda item regarding a draft proposal on how to meet the required 40% waste reduction target, and that banning plastic bags is a significant part of that. ADJOURNMENT At 10:45p.m., the meeting was adjourned to Tuesday, March 20, 2012, at 2:30p.m. for a work program study session, to be followed by the regular Council meeting at 6:45 p.m. ____________________________ Grace Schmidt, ActingCity Clerk Staffreports, backup materials, and items distributed at the City Council meeting are available for review at the City Clerk’s Office, 777-3223, and also on the Internet at www.cupertino.org. Click on Agendas & Minutes, then click on the appropriate Packet. Most Council meetings are shown live on Comcast Channel 26 and AT&T U-verse Channel 99 and are available at your convenience atwww.cupertino.org. Click on Agendas & Minutes, then click Archived Webcast. Videotapes are available at the Cupertino Library, or may be purchased from the Cupertino City Channel, 777-2364. 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 COMMUNITY DEVELOPMENT DEPARTMENT CITY HALL 10300 TORRE AVENUE •CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3308www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: March 20, 2012 Subject Alcoholic Beverage License,One Eyed Spirits,19200Stevens Creek Boulevard,Suite 200 Recommended Action Approveapplicationfor Distilled Spirits Importer & Wholesaler. Description Name of Business:One Eyed Spirits Location:19200 Stevens Creek Boulevard, Suite 200 Type of Business:Importer & Wholesaler Type of License:Distilled Spirits Importer & Wholesaler (12, 18) Reason for Application:Stock Transfer Discussion There are no use permit restrictions or zoning restrictions which would prohibit this use and staff has no objection to the issuance of the license. License Types12 and 18are non-retail licenses. One Eyed Spirits received their first City Council approval of the license in January 2011, this application is a formalityrequired by the Department of Alcohol & Beverage Control for applicable ownership changes. _____________________________________ Prepared by: Traci Caton, Planning Department Reviewed by: Gary Chao, City Planner; Aarti Shrivastava, Director of Community Development Approved for Submission by: David W. Knapp, City Manager Attachment: Application for Alcoholic Beverage License 78 79 80 81 82 83 COMMUNITY DEVELOPMENT DEPARTMENT CITY HALL 10300 TORRE AVENUE •CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3308www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: March 20, 2012 Subject Alcoholic Beverage License,Ludlow,21265 Stevens Creek Boulevard, Suite 205(Japanese restaurant in the Oaks shopping center replacing Sushi Ya) Recommended Action ApproveapplicationforOn-Sale Beer and Wine for Bona Fide Public Eating Place. Description Name of Business:Ludlow Location:21265 Stevens Creek Boulevard, Suite 205 Type of Business:Restaurant Type of License:On-Sale Beer and Wine for Bona Fide Public Eating Place (41) Reason for Application:Annual Fee, Temporary Permit, Person-to-Person Transfer, State & Federal Fingerprints Discussion There are no use permit restrictions or zoning restrictions which would prohibit this use and staff has no objection to the issuance of the license. License Type 41authorizes the sale of beer and wine for consumption on thepremises where sold. _____________________________________ Prepared by: Traci Caton, Planning Department Reviewed by: Gary Chao, City Planner; Aarti Shrivastava, Director of Community Development Approved for Submission by: David W. Knapp, City Manager Attachment: Application for Alcoholic Beverage License 84 85 86 87 PUBLIC WORKSDEPARTMENT CITY HALL 1010300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3354www.cupertino.org CITY COUNCIL STAFF REPORT Meeting:March 20, 2012 Subject Municipal Improvements, 21600 Rainbow Drive,APN 366-38-030 and APN 366-38-031. Recommended Action Accept Municipal Improvements. Discussion The applicant hascompleted City-specified improvements in the City right-of-way including driveway approach and curb & gutteras required by the improvement agreement with the City. _____________________________________ Prepared by:Chad Mosley, Associate Civil Engineer Reviewed by:Timm Borden, Director of Public Works Approved for Submission by:David W. Knapp, City Manager Attachments: A.Map 88 ATTACHMENTA 1214 1218 21710 21712 1228 21714 11525 21600 11557 21610 11562 21608 11583 11593 11611 11631 11835 11838 11837 . Subject:MunicipalImprovements,21600RainbowDrive,APN366-38-030andAPN366-38-031 RecommendedAction:AcceptMunicipalImprovements 11650 11841 11850 11845 89 CITY COUNCIL STAFF REPORT Meeting:March 20, 2012 Subject:City Manager position recruitment process NO WRITTEN MATERIALS IN PACKET 90 PUBLIC WORKSDEPARTMENT CITY HALL 1010300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3354www.cupertino.org CITY COUNCIL STAFF REPORT Meeting:March 20, 2012 Subject Finch Avenue, Set a public hearingand adopt a resolutionrelated to the City’s intent to vacate betweenStevens Creek Boulevard and Vallco Parkway. Recommended Action Adopt resolution and seta public hearing on April 17, 2012at 6:45 p.m. Discussion On December 5, 2011, SandHill Property Company submitted an application for development of approximately 17.4 acresofland, commonly known as the “Main Street” development, located North of Stevens Creek Boulevard, West of Tantau Avenue, South of Vallco Parkway, and both East and West of Finch Avenue. The application proposesthe vacation of Finch Avenue in order to fulfill thedesign intent. The City will be provided with public access easements (for both vehicular and pedestrian travel)across the site to link Stevens Creek Boulevard with Vallco Parkway, as well as public access to a proposed park and to the “town center” plaza area. Adoption of the resolution expressing the Intent to Vacate Finch Avenue provides no obligation for the City Council to adopt a resolution vacating Finch Avenue, but simplysets a datewhere City Council has the option to discuss and vacate said lands at its discretion.The date proposed for this discussion is April 17th, 2012at 6:45 p.m., at a regularly scheduled City Council meeting. Staff has determined that adoption of the resolution expressing the Intent to Vacate Finch Avenuecan occur without adverse affect. Fiscal Impact There will be no fiscal impact incurred for approving the intentionto vacateFinch Avenue. ___________________________________ Prepared by:Chad E. Mosley Reviewed by:Timm D. Borden Approved for Submission by:David W. Knapp, City Manager Attachments: A.Resolution B. Map 91 92 93 94 95 ATTACHMENTB VALLCOPKWY . 96 COMMUNITY DEVELOPMENT DEPARTMENT CITY HALL 10300 TORRE AVENUE •CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3308 www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: March 20, 2012 Subject Annual Status Report of the General Plan and Housing Element Recommended Action Approve for submission to the California Department of Housing & Community Development (HCD)by April 1, 2012 Discussion California Government Code §65400 requires jurisdictions to submit an annual report to the State Department st of Housing and Community Development (HCD) by April 1of each year. The annual report must detail the status of the plan and progress in its implementation. Furthermore, the report needs to detail progress in meeting the City’s share of regional housing needs and efforts to remove governmental constraints to development of housing. The attached matrix shows the status of each General Plan policy. Also included for review is a copy of the Housing Element Annual Report on the HCD prescribed forms. Planning Commission Meeting On March 13, 2012, the Planning Commission discussed the Annual Status Report of the General Plan and Housing Element and unanimously voted (5-0) to recommend City Council approval for submission of the report to HCD. Discussion during the item centered on subjects to concentrate on during the next General Plan update such as mixed-use and the definition of viable retail. Prepared by:George Schroeder,Assistant Planner Reviewed by: Aarti Shrivastava, Community Development Director Approved for Submission by:David W. Knapp, City Manager Attachments: A: GP Matrix B: Housing Element Annual Report 97 PUBLIC WORKS DEPARTMENT CITY HALL 1010300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3354www.cupertino.org CITY COUNCIL STAFF REPORT Meeting:March 20, 2012 Subject Initial 40% Litter Reduction Plan for the City of Cupertino. Recommended Action Adopt an Initial 40% Litter Reduction Plan for the City of Cupertinoand direct staff, at no cost to the City, to join in a regional effort to prepare an Environmental Impact Report to cover the possibility that the City mayadopt a Single-Use CarryoutBag Ban in the future. Discussion More than 70 municipalities that discharge rainwater to the San FranciscoBay were requiredto submit a baseline trash load reduction tracking method and short-term trash load reductionplan to the San Francisco Bay Regional Water Quality Control Board (Water Board) by February 1, 2012. Staff prepared an initial trash (litter) reduction plan and submitted it to the Santa Clara Valley Urban Runoff Pollution Program (SCVURPPP) for inclusion in the regional submittal. Provision C.10.a.i of the Municipal Regional Stormwater NPDES Permit (MRP)requires municipal Permittees to demonstrate implementation of control measures and other actions to reduce trash loads from the municipal separate storm drain system by 40% by 2014 (short term), 70% by 2017, and 100%by 2022. The baseline trash load calculation method and the template for the trash load reduction plans were prepared on a regional basis by the Bay Area Storm Management Agencies Association (BASMAA). The initial short-term trash load reduction plan, submitted on February 1st,is meant to be a working (and potentially changing) document that details a city’sgood-faith strategy to attainthe initial 40% trash load reduction mandate by July 1, 2014.The Water Board will be reviewing each city’s progress through its annual reporting process to ensure implementation and compliance by the July 1, 2014 deadline. If the City Council chooses to change the measures included in the draft plan, staff will simplysubmit the modified planin the City’s Annual Reportto the Water Board(due onSeptember 15th).It is expected that the Water Board will slightly modify the calculation method and some of the credit amounts following their review of the February 1stsubmittals and additional data gathering in spring of 2012. The tracking method establishes control measures for which load reduction credits (CRs) or trash load quantification formulas(QFs)willbe applied to track progress toward litterload reduction goals. The full list of control measures isshown in the table below with shading to indicate controlsthat have already been partially or fully implemented, or budgeted and scheduled for implementationby the City of Cupertino. 1 217 Trash Control Measures CR-1: Single-Use Carryout Plastic Bag Ordinance CR-2: Polystyrene Foam Food Service Ware Policy (only on City property) CR-3: Public Education and Outreach Programs(Watershed Watch Regional Program) CR-4: Activities to Reduce Trash from Uncovered Loads(Enforced by Sheriff) CR-5: Anti-Littering & Illegal Dumping Enforcement Efforts(Stormwater Inspections) CR-6: Single-Use Food and Beverage Ware Ordinances CR-7:Improved Trash Bin/Container Management(Included in Recology Agreement) QF-1: On-Land Pickup (Volunteer and/or MunicipalStaff) QF-2: Enhance Street Sweeping QF-3: Partial-Capture Treatment Devices QF-4: Enhanced Storm Drain Inlet Maintenance QF-5: Full-Capture Treatment Devices(Vallco Contech CDS Unit Installation) QF-6: Creek/Channel Cleanups (Volunteer andMunicipalStaff –3 Events / Year) Permittees are allowed to claim credit for implementing certainlitterload reduction activities prior to the 2009 base year. Litterload reduction for existing street sweeping (12,846 gallons/yr removed) and drain inlet cleaning (311 gallons/yr removed) have been deductedfrom the City’s generated litterload (totaling25,292 gallons/yr), thereby reducing the City’spreliminary trash baseline load to 12,135 gallons of litter per year. Programs and activities designed to remove 40% (4,853 gallons/yr) of the City’s baseline trash load (12,135 gal/yr) must be implemented prior to July 1, 2014. The City of Cupertino can claim 3,032 gallons of litterload reduction credit for actions already planned, leaving an additional 1,821 gallons/yr of trash/litter reduction the City needstoreach the 40% reduction mandate. The three tables below showfeasible and relatively cost-effective litter reduction strategies which includeestimated implementation and ongoing annual costs. To avoid giving double credit for overlapping actions (measures), the percent credit for an action changes basedon the combination of actions adopted. For example, if a bag ban is adopted for 8%credit, the credit for enhanced drainage inlet cleaning and full trash capture devices will decreasebecause a percent ofthebag litter is assumed to be removed before it gets to the drain inlet or trash capture device. The percent reductionfor the following scenariosof new measures differs, but the overall credit for each plan scenariois equal to 40%. The start-up and ongoing costs listed in the tablesare onlyestimatesbased on general industry standards and staff’s best projections.Each equipment purchase (e.g. screens, bins)or activitymay entail more work or higher costs than presented below. 2 218 Staff-Recommended Actions to Achieve 40% Litter Reduction Control MeasurePercentEst. Start-up Cost Estimated Creditover Baseline Annual On- Measuresgoing Expense CR-1: Single-Use Carryout Bag Policy -Tier 1: Large Supermarkets only 8%Minimal$0 CR-3: Add 4 Community outreach events withanti-litter msg & evaluationtool 2%$500$500 QF-4: Annual Drainage Inlet Maintenance- This Public Works goal is recommended becauseit effectively reduces trash; has low initial & ongoing costs and is approved 3.5%$25K$25K regionally for litter reduction credit QF-1 & QF-6: On-Land & Creek Cleanups 4%Minimal$3.5K 17.5%$25,500$29K Totals Actions to Achieve 40% Reduction with Bag Ban At All RetailExcluding Restaurants Control MeasurePercentEst. Start-up Cost Estimated Creditover Baseline Annual On- Measuresgoing Expense CR-1: Single-Use Carryout Bag Policy -Full Retail Bag Ban (excluding Restaurants) 12%$25K$0 CR-3: Add 4 Community outreach events withanti-litter msg & evaluationtool 2%$500$500 QF-4: Annual Drainage Inlet Maintenance 0Not selected$0 QF-1 & QF-6: On-Land & Creek Cleanups 4%Minimal$3.5K Totals 18%$25,500$4K Actions Needed ifa Single-Use Carryout Bag Ban is Not Selected Control MeasurePercentEst. Start-up Cost Estimated Creditover Baseline Annual On- Measuresgoing Expense CR-1: Single-Use Carryout Bag Policy 0Not selected$0 CR-3: Add 4 Community outreach events withanti-litter msg & evaluationtool 2%$500$500 CR-5: Addl Anti-Littering &Illegal Dumping Enforcement @ litter hot spots 2%$20K-$100K$10K-$20K QF-4: Annual Drainage Inlet Maintenance 3.5%$25K$25K QF-2: Enhanced Street Sweeping -weekly in allretailareas 2.5%$10K-$15K$10K-$15K QF-3: Partial Trash CaptureDevices: 14 2%$10K-$30KMinimal hinged curb inlet screens in retail area QF-1 & QF-6: On-Land & Creek Cleanups 4%Minimal$4K Totals 16%$65.5K-$170.5K$49.5K-$64.5K Bans on single-use carryout bags and polystyrene food containers offer the largest credit(one credit equals 1%reductionin litter). Twelve (12) credits are given for a citywide bag ban at all retail stores excluding restaurants, 8 credits for a bag ban at only large supermarkets and 8 3 219 credits for a polystyrene ban at all food retail businesses. The City of San Joseand the City of Sunnyvale adopted citywide bag bans at all retail businesses excluding restaurants(effective January 1, 2012and July 20, 2012respectively). The City of Los Altos has submitted a plan to adopt a bag ban at all large supermarkets by July 1, 2014 and the West Valley Communities’ Waste Management JPA Board voted on February 2, 2012 to draft a recommendation to their respective cities or town (Campbell, Los GatosandSaratoga) to adopt some form of a bag ban. West Valley JPA members expressed their hope attheir February 2ndmeeting that the City of Cupertino will join them in adopting a bag ban when they move forward. It should be noted that if a grocery store bag ban or a city-wide bag ban are not implemented as part of the City’s initial litter reduction plan, substantial additional start-up and ongoing costs will be involved in order to receive a like amount of credits (as shown inthetables of options above). Currently, San Mateo County is in the process of initiating an environmental impact report to support their proposed single-use carryout bag ordinance. They are offering to include other cities within the region intheir analysis coverage sothere will be consistency and a degree of unification on the issue from a regional perspective. Since there would be no cost to the City of Cupertino for this effort, staff is recommending that the City of Cupertinojoin in this effort to reduce the cost and time necessary if the Council should desire to pursue a single-use carryout bag ordinance in the future. It is likelythat some additional analysis may be necessary to augment this EIR with facts and statistics that are uniqueto Cupertino.The estimated consultant cost for this is less than $25,000. The City cannot accomplish compliance with the Regional Water Board’s mandate for litter reduction over the next ten years without increased public awareness of the mandates and support from Cupertino’s residential, business and school communities. It is recommended that the City amend its Municipal Code (Watershed Protection Ordinance) prior to January 2014 to include anti-litter requirements associated with the MRP.Staff will continue to explore options based on cost-effectiveness, feasibility of implementation by staff and benefit toward achieving the maximum litter reduction for the City. Sustainability Impact All options for litter reduction are intended to improve water quality. Fiscal Impact Fiscal impact will depend on the litter control and management actions selected by the City. Staff hasprovided estimates for the different options, but actual costs are yet to be determined. _____________________________________ Prepared by: Cheri Donnelly, Environmental Programs Manager Reviewed by: Timm Borden, Director of Public Works Approved for Submission by:David W. Knapp, City Manager Attachments: A. Option 1-Staff Recommended Actions to Achieve 40% Reduction B. Option 2-Actions to Achieve 40% Reductionwith Bag Ban atAll Retail Except Restaurants C. Option 3-Actions Needed If Single-Use Carryout Bag Ban Is Not Selected 4 220 ATTACHMENT A Option 1: Staff Recommended Actions to Achieve 40% Reduction Estimated on-Load Load Estimated Start- Control Measure Descriptiongoing annual Reduction Reduct'n up Costs operating cost(gals/yr)Credit Existing Enhanced Street Sweeping670.5% Credits CR-1: Single-Use Carryout Bag PolicyTier 1 - Ban plastic carryout bags at Minimal; for 09658% Only Lg Grocers (currently 5 in Regnl EIR (or Cupt.) 6% credit; & chg $0.10 fee for Neg Dec) & paper carryout bags (2%)outreach to 5 stores CR-2: Polystyrene Foam Food Service Ware Tier 1 - City sponsored NA - Already 02412% Policyevents/events on City PropertyImplemented CR-3: Public Education and Outreach Ad campaigns, media relations and Already Covered by 7246% Programsoutreach to youth/schoolsimplementdRegionl Prog (SCVURPPP) CR-3 Continued - Addt'l events & evaluation4 Community outreach events & ~$500~$5002412% anti-litter msg evalutaion tool CR-4:Reduction of Trash from Uncovered Implementation of an enhanced Already Minimal - 6035% Loadsenforcement program for vehicles implemented requires staff with uncovered loads; prescriptive by Sheriff & follow-up language in trash contractsCov'd loads by w/sheriff Recology CR-5: Anti Littering and Illegal Dumping Anti-littering and illegal dumping Already Minimal (NPS 2412% Enforcementinvestigation and enforcement implemented Inspector's program@ 1st leveltime) CR-6: Improved Trash Bin/Container Policy to: 1) identify & 2) require Already 03623% Managementadequate trash service level on implementd private property (Recology assists)1st 2 levls CR-7: Single-Use Food and Beverage Ware Not Being Implemented anywhere NA NA00% Policyin the U.S. at this time Quantifications QF-1: On-Land Clean-upCleanups when Staff/Volunteers are Implemented ~$5001301% available & as neededas needed QF-2: Enhanced Street SweepingNot Selected at this time - Baseline NANA00% is currently all streets 2x/month QF-3: Partial Trash Capture Devices (curb Not Selected at this time -NANA00% inlet screens)retractable curb inlet screens QF-4: Inlet Maintenance recommended Increase frequency of drainage inlet ~$25K~$25K (2 staff 4283.5% because it effectively reduces trash; has low maintenance from baseline (bi-& equip. initial & ongoing costs & is approved annually) to annuallyrental) regionally for litter reduction credit QF-5: Full Trash Capture Devices (TCD)Vallco to install devices - already funded by RDA Vallco to 4614% purchased and scheduled for & ABAG grantsmaintain per installationAgreement QF-6: Creek Clean-up3 Annual Volunteer Clean-ups are Implemented ~$3K3903% currently planned each yearas needed Totals NA~$25.5K~$30.5K485540% All costs associated with tasks are estimates 221 ATTACHMENT B Option 2: Actions to Achieve 40% Reduction with Bag Ban at All Retail Except Restaurants Est. on- Load Load Estimated Start-going Control MeasureDescriptionReduction Reduction up Costsannual (gals/yr)Credit oper. Cost Existing Enhanced Street Sweeping670.5% Credits CR-1: Single-Use Carryout Bag Ban at all retailers (restaurants ~$25K0144812% Policyexcluded) & $0.10 chrg for paper CR-2: Polystyrene Foam Food Tier 1 - City sponsored NA - Already 02412% Service Ware Policyevents/events on City PropertyImplementd CR-3: Public Education and Ad campaigns, media relations Already With Reg. 7246% Outreach Programsand outreach to youth/schoolsimplementdProg- SCVURPPP CR-3 Continued4 Community outreach events & ~$500~$5002412% anti-litter msg evalutaion tool CR-4:Reduction of Trash from Implementation of an enhanced Already Minimal - 6035% Uncovered Loadsenforcement program for vehicles implementdrequires with uncovered loads; prescriptive staff language in trash contractsfollow-up w/sheriff CR-5: Anti Littering and Illegal Anti-littering and illegal dumping Already Minimal - 2412% Dumping Enforcementinvestigation and enforcement implementd Inspector's program@ 1st leveltime CR-6: Improved Trash Policy to: 1) identify & 2) require Already 03623% Bin/Container Managementadequate trash service level on implementd private property (Recology assists)1st 2 levls CR-7: Single-Use Food and Not Being ImplementedNA NA00% Beverage Ware Policy Quantifications QF-1: On-Land Clean-upCleanups when Staff/Volunteers Implementd ~$5001301% are available & as neededas needed QF-2: Enhanced Street SweepingAdd'l not Selected at this time; NANA00% Baseline is all streets 2x/month QF-3: Partial Trash CaptureNot Selected at this time -NANA00% retractable curb inlet screens QF-4: Inlet MaintenanceBaseline Drainage inlet $0 $0 00% Maintenance - not enhanced QF-5: Full Trash Capture Devices Vallco to install devices - already funded by Agreem't, 4353% (TCD)purchased and scheduled for Vallco to RDA & ABAG installationgrantsmaintain QF-6: Creek Clean-up3 Annual Volunteer Clean-ups are already ~$3K3903% currently planned each yearimplementd Totals NA~$25.5K~$4K488340% Note: All costs associated with tasks are estimates 222 ATTACHMENT C Option 3: Actions Needed If Single-Use Carryout Bag Ban Is Not S Estimated on- Load Load Estimated Start-going annual Control MeasureDescriptionReduction Reduction up Costsoperating (gals/yr)Credit cost Existing Enhanced Street Sweeping670.5% Credits CR-1: Single-Use Carryout Bag No Single-use Carryout Bag Ban0000% Policy CR-2: Polystyrene Foam Food Tier 1 - City sponsored events/events on NA - Already 02412% Service Ware PolicyCity PropertyImplemented CR-3: Public Education and Ad campaigns, media relations and 3 Already With 7246% Outreach Programsoutreach to youth/schoolsimplementedRegional Program SCVURPPP CR-3 Continued - Addt'l events 4 Community outreach events & anti-~$500~$5002412% & evaluationlitter msg evalutaion tool @ each CR-4:Reduction of Trash from Enforce CA Vehicle Code (covered truck Already Minimal6035% Uncovered Loadsloads); cov'd Recology loadsimplemented CR-5: Anti Littering and Illegal Anti-littering and illegal dumping Already Minimal - 2412% Dumping Enforcementinvestigation and enforcement programimplementedInspector's time CR-5: Continued - Add'l Anti-Install & maintain physical barriers (e.g. $20K-$100K$10K-$20K2412% litter Enforcementfences, signs) @ > 50% hotspots CR-6: Improved Trash Policy to: 1) identify & 2) require Already 03623% Bin/Container Managementadequate trash service level on private implemented @ property (Recology assists)1st 2 levls CR-7: Food/Beverage WareNot Being ImplementedNA NA00% Quantifications QF-1: On-Land Clean-upCleanups when Staff/Volunteers are Implemented as ~$5001301% available & as neededneeded QF-1: ContinuedAdditional Staff/Volunteer CleanupsImplement as ~$5001301% needed QF-2: Enhanced Street All retail areas 1x/week$10K-$15K$10K-$15K2992.5% Sweeping QF-3: Partial Trsh CaptureInstall 14 retail-area curb screens~$10K-$30KMinimal2672% QF-4: Inlet MaintenanceIncrease frequency of storm drain inlet ~$25K~$25K4433.5% maintenance to 1x/year QF-5: Full Trash Capture Vallco to install devices - already funded by RDA Vallco to 4774% Devices (TCD)purchased and scheduled& ABAG grantsmaintain per Agreement QF-6: Creek Clean-up3 Annual Volunteer Clean-ups are Already ~$3K3903% currently planned each yearImplemented $50.5K- Totals NA$65.5K-$170.5K485840% $65.5K All costs associated with tasks are only estimates 223 PARKS AND RECREATION DEPARTMENT CITY HALL 10 10UPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3110 www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: March 20, 2012 Subject Authorize the City Manager to execute a professional services agreement with Lifetime Tennis. Recommended Action Staff recommends the execution of this new professional services agreement with Lifetime Tennis. Discussion Lifetime Tennis/Dana Gill has provided racquet sports instruction for the City of Cupertino since 1994. We have been extremely satisfied with all aspects of its business performance. In January, Council directed staff to send out a request for qualifications (RFQ) from providers of this service. Twenty-five RFQs were sent via mail and email to local tennis providers and to all members of South Bay SANCRA (Sports Association of Northern California Recreation Agencies) inviting them to submit their qualifications to manage our tennis lesson program. Two submittals were received. One did not address four qualification requirements and was therefore disqualified. Lifetime Tennis submitted all requested information in a timely matter. The Director of Parks and Recreation, Mark Linder, advised Don McCarthy, who supervises the program, to move forward with negotiating a new contract with Lifetime Tennis. The new Professional Services Agreement is attached. Sustainability Impact N/A 224 Fiscal Impact If executed, this service agreement is expected to net the City approximately 1.5 million dollars during the six-year term of the contract. In addition, the tennis contractor is now solely responsible for court cleaning which will save the City approximately $12,000 a year. Previously, the City had paid for the materials and labor to accomplish this task. Finally, the monthly rent for the 300 square foot pro shop has been increased to $1000/month, an increase of 13%. _____________________________________ Prepared by: Don McCarthy, Supervisor, Parks and Recreation Reviewed by: Mark Linder, Director, Parks and Recreation Approved for Submission by: David W. Knapp, City Manager Attachments: Professional Services Agreement 225 226 227 228 229 230 231 232 233 234