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05-02-2017 Searchable packetCITY OF CUPERTINO AGENDA CITY COUNCIL 6:45 PM 10350 Torre Avenue, Council Chamber Tuesday, May 2, 2017 PLEDGE OF ALLEGIANCE ROLL CALL CEREMONIAL MATTERS AND PRESENTATIONS 1.Subject: Proclamation declaring May as National Bike Month Recommended Action: Present Proclamation declaring May as National Bike Month 2.Subject: Proclamation declaring May as National Foster Care Awareness Month Recommended Action: Present Proclamation declaring May as National Foster Care Awareness Month 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. 3.Subject: Approve the April 18 City Council minutes Recommended Action: Approve the April 18 City Council minutes A - Draft Minutes Page 1 CITY OF CUPERTINO 1 May 2, 2017City Council AGENDA 4.Subject: Accept Accounts Payable for the period ending March 17, 2017 Recommended Action: Adopt Resolution No. 17-038 accepting Accounts Payable for the period ending March 17, 2017 A - Draft Resolution B - AP Report 5.Subject: Accept Accounts Payable for the period ending March 24, 2017 Recommended Action: Adopt Resolution No. 17-039 accepting Accounts Payable for the period ending March 24, 2017 A - Draft Resolution B - AP Report 6.Subject: Accept Accounts Payable for the period ending March 31, 2017 Recommended Action: Adopt Resolution No. 17-040 accepting Accounts Payable for the period ending March 31, 2017 A - Draft Resolution B - AP Report 7.Subject: Accept Accounts Payable for the period ending April 7, 2017 Recommended Action: Adopt Resolution No. 17-041 accepting Accounts Payable for the period ending April 7, 2017 A - Draft Resolution B - AP Report 8.Subject: Adopt a resolution affirming the City’s commitment to being an equitable community Recommended Action: Staff recommends that the City Council adopt Resolution No. 17-045 affirming the City’s commitment to a diverse, supportive, inclusive community and to protecting the constitutional rights of its residents Staff Report A - Draft Resolution B - Equitable Communities Background Information 9.Subject: Letter of Support for State Senate Bill 231 Recommended Action: Direct staff to send a letter of support for Senate Bill 231 (Hertzberg): Stormwater Stewardship from the Mayor, as attached Staff Report A - Sample Letter of Support Page 2 CITY OF CUPERTINO 2 May 2, 2017City Council AGENDA 10.Subject: Declare brush to be a public nuisance and potential fire hazard and set hearing for June 20 for objections to proposed removal Recommended Action: Adopt Resolution No. 17-042 declaring brush to be a public nuisance and potential fire hazard and setting the hearing date for June 20 Staff Report A - Draft Resolution 11.Subject: Amendment to Funding Agreement between the City of Cupertino and the Santa Clara Valley Transportation Authority (VTA) for the I-280/Wolfe Road Interchange Improvements Project Recommended Action: Authorize the City Manager to execute an amendment to an existing agreement with the VTA to identify their respective obligations in regard to the I-280/Wolfe Road Interchange Improvements Project Staff Report A - Draft Amendment to Funding Agreement 12.Subject: Application for Alcohol Beverage License for TLT International (dba TLT & Grill), 20371 Stevens Creek Boulevard Recommended Action: Recommend approval to the California Department of Alcoholic Beverage Control of the application for Alcohol Beverage License for TLT International (dba TLT & Grill), 20371 Stevens Creek Boulevard Staff Report A - Application SECOND READING OF ORDINANCES 13.Subject: Second reading of an ordinance amending the Municipal Code to develop an application process for the Single-Story Overlay Zoning Districts in Single-Family residential (R-1) zones (Application No.: MCA-2017-02; Applicant: City of Cupertino; Location: Citywide) Recommended Action: Conduct the second reading and enact Ordinance No. 17-2162: “An Ordinance of the City Council of the City of Cupertino amending Title 19, Zoning, of the Cupertino Municipal Code Chapter 19.12 (Administration), Chapter 19.20 (Permitted, Conditional and Excluded Uses in Agricultural and Residential Zones), and Chapter 19.28 (Single-Family Residential R-1) Zones), to create a Single-Story Overlay District process" Staff Report A. Ordinance No. 17-2162 B. Redline document indicating changes Page 3 CITY OF CUPERTINO 3 May 2, 2017City Council AGENDA 14.Subject: Second reading of an ordinance amending Section 11.27.145 of the Cupertino Municipal Code relating to designation of preferential parking zone on Randy Lane, Larry Way and a portion of Merritt Drive Recommended Action: Conduct the second reading of Ordinance 17-2163: 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 Randy Lane, Larry Way and a portion of Merritt Drive, Monday through Friday between 8 a.m. and 4 p.m. Staff Report A - Permit Parking Map B - Draft Ordinance PUBLIC HEARINGS 15.Subject: Update on regional drought response, adoption of 2017-18 Regulations Restricting Water Use and authorization of an amendment of the FY16/17 Memorandum of Understanding (MOU) with the Santa Clara Valley Water District (District) for the landscape conversion rebate program Recommended Action: Staff recommends that the City Council take the following actions: 1) Receive staff report on continued regional drought actions; and 2) Adopt Resolution No. 17-043 with 2017-2018 Regulations Restricting Water Use; and 3) Adopt Resolution No.17-044 authorizing the City Manager to amend the FY16/17 Memorandum of Understanding (MOU) with the District for the landscape conversion rebate program to include the graywater laundry to landscape program and extend the MOU from December 30, 2017 to June 30, 2018. Staff Report A - Executive Order B-40-17 B - Notice of Intent to Adopt the 2017-18 Regulations Restricting Water Use C - Draft Resolution with 2017-18 Regulations Restricting Water Use and State Water Resource Board February 27, 2017 Re-adoption of Regulations D - Water Conservation Restriction Measures for City Facilities E - District Landscape Conversion Rebate Program F - District Graywater Laundry Rebate Program G - Draft Resolution with Amendment to FY 16/17 MOU with the District ORDINANCES AND ACTION ITEMS Page 4 CITY OF CUPERTINO 4 May 2, 2017City Council AGENDA 16.Subject: Discussion and funding for 2017 Independence Day Fireworks Display Recommended Action: Authorize staff to coordinate and implement a fireworks display on July 4th, 2017. This action authorizes the appropriation of an amount not to exceed $100,000 for fireworks, City staff to support the event, and Santa Clara county Sheriff and Fire staff to ensure safe operations. Staff Report REPORTS BY COUNCIL AND STAFF 17.Subject: Annual Report on the Pavement Management Program Recommended Action: Receive the report. No action is required Staff Report A - PCI Condition Table B - Street-by-street listing of improvements to be completed by the 2017 Pavement Managment Projects C - Street-by-street listing of improvements completed by the FY16/17 Pavement Management Projects 18.Subject: Report on Committee assignments and general comments Recommended Action: Report on Committee assignments and general comments ADJOURNMENT Page 5 CITY OF CUPERTINO 5 May 2, 2017City Council AGENDA 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. Page 6 CITY OF CUPERTINO 6 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:117-2535 Name: Status:Type:Ceremonial Matters & Presentations Agenda Ready File created:In control:4/11/2017 City Council On agenda:Final action:5/2/2017 Title:Subject: Proclamation declaring May as National Bike Month Sponsors: Indexes: Code sections: Attachments: Action ByDate Action ResultVer. City Council5/2/20171 Subject: Proclamation declaring May as National Bike Month Present Proclamation declaring May as National Bike Month CITY OF CUPERTINO Printed on 4/26/2017Page 1 of 1 powered by Legistar™7 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:117-2553 Name: Status:Type:Ceremonial Matters & Presentations Agenda Ready File created:In control:4/17/2017 City Council On agenda:Final action:5/2/2017 Title:Subject: Proclamation declaring May as National Foster Care Awareness Month Sponsors: Indexes: Code sections: Attachments: Action ByDate Action ResultVer. City Council5/2/20171 Subject: Proclamation declaring May as National Foster Care Awareness Month Present Proclamation declaring May as National Foster Care Awareness Month CITY OF CUPERTINO Printed on 4/26/2017Page 1 of 1 powered by Legistar™8 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:116-2047 Name: Status:Type:Consent Calendar Agenda Ready File created:In control:10/4/2016 City Council On agenda:Final action:5/2/2017 Title:Subject: Approve the April 18 City Council minutes Sponsors: Indexes: Code sections: Attachments:A - Draft Minutes Action ByDate Action ResultVer. City Council5/2/20171 Subject: Approve the April 18 City Council minutes Approve the April 18 City Council minutes CITY OF CUPERTINO Printed on 4/26/2017Page 1 of 1 powered by Legistar™9 DRAFT MINUTES CUPERTINO CITY COUNCIL Tuesday, April 18, 2017 SPECIAL CITY COUNCIL MEETING ROLL CALL At 5:00 p.m. Mayor Savita Vaidhyanathan called the Special City Council meeting to order in the City Hall Conference Room A, 10300 Torre Avenue. Present: Mayor Savita Vaidhyanathan, Vice Mayor Darcy Paul, and Councilmembers Barry Chang, Steven Scharf, and Rod Sinks. Council went into closed session and reconvened in open session at 6:45 p.m. in the Cupertino Community Hall Council Chambers, 10350 Torre Avenue for the Regular Meeting. CLOSED SESSION 1. Subject: Conference with Legal Counsel- Existing litigation (Subdivision (a) of Gov’t Code Section 54956.9); Name of Claimant: Adeline Chiu; Claim No.: ABGV23821A1 Mayor Vaidhyanathan announced that Council met in closed session and gave direction to staff. 2. 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 and Gail Seeds. Negotiating Parties: San Jose Water Company; County Roads and Airports; City of San Jose. Under Negotiation: Price and terms of payment Mayor Vaidhyanathan announced that Council met in closed session and gave direction to staff. ADJOURNMENT 10 City Council Minutes April 18, 2017 2 REGULAR CITY COUNCIL MEETING ROLL CALL At 6:45 p.m. Mayor Savita Vaidhyanathan called the Regular City Council meeting to order in Cupertino Community Hall Council Chambers, 10350 Torre Avenue. Present: Mayor Savita Vaidhyanathan, Vice Mayor Darcy Paul, and Councilmembers Barry Chang, Steven Scharf and Rod Sinks. Absent: None. CEREMONIAL MATTERS AND PRESENTATIONS - None POSTPONEMENTS - None ORAL COMMUNICATION Cathy Helgerson talked about a Lehigh Cement and Quarry Wastewater Treatment Plan proposal with Santa Clara County. (She distributed written comments). Paulette Altmaier talked about Vallco redevelopment. Art Cohen from BlueLight Cinemas, Deanna Pursai, Executive Director of the College of Adaptive Arts and Katie Zeisl, Director of the School of Theater and Special Events talked about the upcoming 9th Annual Film Festival sponsored by the College of Adaptive Arts. Some of the students also spoke. (They distributed a flyer). CONSENT CALENDAR Scharf moved and Chang seconded to approve the items on the Consent Calendar as presented except for item number 3 which was pulled by a member of the public. Ayes: Vaidhyanathan, Paul, Chang, Scharf and Sinks. Noes: None. Abstain: None. Absent: None. 1. Subject: Approve the April 4 City Council minutes Recommended Action: Approve the April 4 City Council minutes 2. Subject: Approval of the City of Cupertino’s Green Infrastructure Plan Framework Recommended Action: Approve the Green Infrastructure Plan Framework (Workplan) to complete a State-mandated Green Infrastructure Plan for the City of Cupertino by September 2019 11 City Council Minutes April 18, 2017 3 3. Subject: Adoption of resolution, verifying that the City of Cupertino complies with the terms of the Surplus Land Act - Assembly Bill 2135 (California Government Code Section 54220, et seq.) Recommended Action: Adopt Resolution No. 17-034, verifying that the City of Cupertino complies with the terms of the Surplus Land Act - Assembly Bill 2135 (California Government Code Section 54220, et seq.) Jennifer Griffin spoke on this item. Sinks moved and Chang seconded to adopt Resolution No. 17-034, verifying that the City of Cupertino complies with the terms of the Surplus Land Act - Assembly Bill 2135 (California Government Code Section 54220, et seq.). The motion carried unanimously. 4. Subject: Adopt a resolution authorizing the City Council to designate various staff positions as applicant's agents to represent the City for any applications with the State Office of Emergency Services (OES) and Federal Emergency Management Agency (FEMA) for disaster assistance Recommended Action: Adopt Resolution No. 17-035 authorizing the City Council to designate various staff positions as applicant's agents to represent the City for any applications with the State Office of Emergency Services (OES) and Federal Emergency Management Agency (FEMA) for disaster assistance 5. Subject: Application for Alcohol Beverage License for R&T Uniwealth, Inc. (dba Fish Is Wild), 20672 Homestead Road Recommended Action: Recommend approval to the California Department of Alcoholic Beverage Control of the application for Alcohol Beverage License for R&T Uniwealth, Inc. (dba Fish Is Wild), 20672 Homestead Road SECOND READING OF ORDINANCES - None PUBLIC HEARINGS 6. Subject: Annual review of the City’s Non-Point Source Control and Stormwater Management Program (flood control and creek pollution prevention) and approval to renew the collection of existing storm drain fees at no increase in rates for fiscal year 2017-2018 12 City Council Minutes April 18, 2017 4 Recommended Action: Consider all objections or protests and adopt Resolution No. 17- 036 for approval and renewal of the collection of existing storm drain fees at no increase in rates for fiscal year 2017-2018 Director of Public Works Timm Borden reviewed the staff report. Mayor Vaidhyanathan opened the public hearing. Seeing no speakers, Mayor Vaidhyanathan closed the public hearing. Sinks moved and Chang seconded to adopt Resolution No. 17-036 for approval and renewal of the collection of existing storm drain fees at no increase in rates for fiscal year 2017-2018. The motion carried unanimously. 7. Subject: Municipal Code Amendment to Title 19, Zoning, of the Cupertino Municipal Code, to allow the creating of Single-Story Overlay Zones in single-family residential zoning districts, and an amendment to Fiscal Year 2016-17 Fee Schedule (Application No(s).: MCA-2017-02; Applicant(s): City of Cupertino; Location: citywide) Recommended Action: That the City Council: 1. Find that the proposed actions are exempt from CEQA; and 2. Conduct the first reading of Ordinance No. 17-2162 “An Ordinance of the City Council of the City of Cupertino amending Title 19, Zoning, of the Cupertino Municipal Code Chapter 19.12 (Administration), Chapter 19.20 (Permitted, Conditional and Excluded Uses in Agricultural and Residential Zones), and Chapter 19.28 (Single-Family Residential R-1) Zones), to create a Single-Story Overlay District process”; and 3. Adopt Resolution No.17-037, amending the 2016-17 Fee Schedule to include Single-Story Overlay District applications (Resolution No.16-131), effective June 19, 2017 Written communications for this item included redline changes to the ordinance and a staff PowerPoint presentation. Associate Planner Erick Serrano reviewed the staff report via a PowerPoint presentation. Staff answered questions from Councilmembers. Mayor Vaidhyanathan opened the public hearing and the following individuals spoke: Cathy Helgerson Jennifer Griffin 13 City Council Minutes April 18, 2017 5 Mayor Vaidhyanathan closed the public hearing. City Clerk Grace Schmidt read the title of the ordinance. Sinks moved and Scharf seconded to find that the proposed actions are exempt from CEQA. The motion carried with Chang voting no. Sinks moved and Scharf seconded to read Ordinance No. 17-2162 by title only and that the City Clerk’s reading would constitute the first reading thereof with an amendment to add the following language to Section 19.12.090C1: “(each developable lot of record shall have one (1) vote).” Ayes: Vaidhyanathan, Paul, Scharf and Sinks. Noes: Chang. Abstain: None. Absent: None. Sinks moved and Scharf seconded to adopt Resolution No.17-037, amending the 2016- 17 Fee Schedule to include Single-Story Overlay District applications (Resolution No.16-131), effective June 19, 2017. The motion carried with Chang voting no. ORDINANCES AND ACTION ITEMS 8. Subject: First Reading of an ordinance amending section 11.27.145 of the Cupertino Municipal Code relating to Designation of Preferential Parking Zone on Randy Lane, Larry Way and a portion of Merritt Drive Recommended Action: Conduct the first reading of Ordinance No. 17-2163: “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 Randy Land, Larry Way, and a portion of Merritt Drive, Monday through Friday between 8 a.m. and 4 p.m. Written communications for this item included an email to Council. Director of Public Works Timm Borden reviewed the staff report. The following individuals spoke on this item: Laura Auch Suong Diec Jerry Tallinger 14 City Council Minutes April 18, 2017 6 Ed Auch J.R. Fruen Mark Chen Jennifer Griffin City Clerk Grace Schmidt read the title of the ordinance. Chang moved and Sinks seconded to read Ordinance No. 17-2163 by title only and that the City Clerk’s reading would constitute the first reading thereof. Ayes: Vaidhyanathan, Paul, Chang, Scharf and Sinks. Noes: None. Abstain: None. Absent: None. REPORTS BY COUNCIL AND STAFF 9. Subject: Report on Committee assignments and general comments Recommended Action: Report on Committee assignments and general comments City Manager David Brandt reminded Councilmembers that they are able to call a point of order during the meeting regarding any unclear motions. He also reminded Councilmembers that Council has a directive regarding not asking questions of speakers during Oral Communications. Councilmembers highlighted the activities of their committees and various community events. ADJOURNMENT At 8:52 p.m., Mayor Vaidhyanathan adjourned the meeting. _______________________ Grace Schmidt, City Clerk 15 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:117-2559 Name: Status:Type:Consent Calendar Agenda Ready File created:In control:4/21/2017 City Council On agenda:Final action:5/2/2017 Title:Subject: Accept Accounts Payable for the period ending March 17, 2017 Sponsors: Indexes: Code sections: Attachments:A - Draft Resolution B - AP Report Action ByDate Action ResultVer. City Council5/2/20171 Subject: Accept Accounts Payable for the period ending March 17, 2017 AdoptResolutionNo.17-038acceptingAccountsPayablefortheperiodendingMarch17, 2017 CITY OF CUPERTINO Printed on 4/26/2017Page 1 of 1 powered by Legistar™16 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ALLOWING CERTAIN CLAIMS AND DEMANDS PAYABLE IN THE AMOUNTS AND FROM THE FUNDS AS HEREINAFTER DESCRIBED FOR GENERAL AND MISCELLANEOUS EXPENDITURES FOR THE PERIOD ENDING March 17, 2017 WHEREAS, the Director of Administrative Services or her designated representative has certified to accuracy of the following claims and demands and to the availability of funds for payment hereof; and WHEREAS, the said claims and demands have been audited as required by law. NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby allows the following claims and demands in the amounts and from the funds as hereinafter set forth in the attached Payment Register. CERTIFIED: _____________________________ Lisa Taitano, Finance Manager PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 2nd day of May, 2017, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: _________________________ ________________________ Grace Schmidt, City Clerk Savita Vaidhyanathan, Mayor, City of Cupertino 17 18 19 20 21 22 23 24 25 26 27 28 29 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:117-2561 Name: Status:Type:Consent Calendar Agenda Ready File created:In control:4/21/2017 City Council On agenda:Final action:5/2/2017 Title:Subject: Accept Accounts Payable for the period ending March 24, 2017 Sponsors: Indexes: Code sections: Attachments:A - Draft Resolution B - AP Report Action ByDate Action ResultVer. City Council5/2/20171 Subject: Accept Accounts Payable for the period ending March 24, 2017 AdoptResolutionNo.17-039acceptingAccountsPayablefortheperiodendingMarch24, 2017 CITY OF CUPERTINO Printed on 4/26/2017Page 1 of 1 powered by Legistar™30 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ALLOWING CERTAIN CLAIMS AND DEMANDS PAYABLE IN THE AMOUNTS AND FROM THE FUNDS AS HEREINAFTER DESCRIBED FOR GENERAL AND MISCELLANEOUS EXPENDITURES FOR THE PERIOD ENDING March 24, 2017 WHEREAS, the Director of Administrative Services or her designated representative has certified to accuracy of the following claims and demands and to the availability of funds for payment hereof; and WHEREAS, the said claims and demands have been audited as required by law. NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby allows the following claims and demands in the amounts and from the funds as hereinafter set forth in the attached Payment Register. CERTIFIED: _____________________________ Lisa Taitano, Finance Manager PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 2nd day of May, 2017, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: _________________________ ________________________ Grace Schmidt, City Clerk Savita Vaidhyanathan, Mayor, City of Cupertino 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:117-2560 Name: Status:Type:Consent Calendar Agenda Ready File created:In control:4/21/2017 City Council On agenda:Final action:5/2/2017 Title:Subject: Accept Accounts Payable for the period ending March 31, 2017 Sponsors: Indexes: Code sections: Attachments:A - Draft Resolution B - AP Report Action ByDate Action ResultVer. City Council5/2/20171 Subject: Accept Accounts Payable for the period ending March 31, 2017 AdoptResolutionNo.17-040acceptingAccountsPayablefortheperiodendingMarch31, 2017 CITY OF CUPERTINO Printed on 4/26/2017Page 1 of 1 powered by Legistar™49 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ALLOWING CERTAIN CLAIMS AND DEMANDS PAYABLE IN THE AMOUNTS AND FROM THE FUNDS AS HEREINAFTER DESCRIBED FOR GENERAL AND MISCELLANEOUS EXPENDITURES FOR THE PERIOD ENDING March 31, 2017 WHEREAS, the Director of Administrative Services or her designated representative has certified to accuracy of the following claims and demands and to the availability of funds for payment hereof; and WHEREAS, the said claims and demands have been audited as required by law. NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby allows the following claims and demands in the amounts and from the funds as hereinafter set forth in the attached Payment Register. CERTIFIED: _____________________________ Lisa Taitano, Finance Manager PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 2nd day of May, 2017, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: _________________________ ________________________ Grace Schmidt, City Clerk Savita Vaidhyanathan, Mayor, City of Cupertino 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:117-2562 Name: Status:Type:Consent Calendar Agenda Ready File created:In control:4/21/2017 City Council On agenda:Final action:5/2/2017 Title:Subject: Accept Accounts Payable for the period ending April 7, 2017 Sponsors: Indexes: Code sections: Attachments:A - Draft Resolution B - AP Report Action ByDate Action ResultVer. City Council5/2/20171 Subject: Accept Accounts Payable for the period ending April 7, 2017 Adopt Resolution No. 17-041 accepting Accounts Payable for the period ending April 7, 2017 CITY OF CUPERTINO Printed on 4/26/2017Page 1 of 1 powered by Legistar™70 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ALLOWING CERTAIN CLAIMS AND DEMANDS PAYABLE IN THE AMOUNTS AND FROM THE FUNDS AS HEREINAFTER DESCRIBED FOR GENERAL AND MISCELLANEOUS EXPENDITURES FOR THE PERIOD ENDING April 7, 2017 WHEREAS, the Director of Administrative Services or her designated representative has certified to accuracy of the following claims and demands and to the availability of funds for payment hereof; and WHEREAS, the said claims and demands have been audited as required by law. NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby allows the following claims and demands in the amounts and from the funds as hereinafter set forth in the attached Payment Register. CERTIFIED: _____________________________ Lisa Taitano, Finance Manager PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 2nd day of May, 2017, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: _________________________ ________________________ Grace Schmidt, City Clerk Savita Vaidhyanathan, Mayor, City of Cupertino 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:117-2580 Name: Status:Type:Consent Calendar Agenda Ready File created:In control:4/26/2017 City Council On agenda:Final action:5/2/2017 Title:Subject: Adopt a resolution affirming the City’s commitment to being an equitable community Sponsors: Indexes: Code sections: Attachments:Staff Report A - Draft Resolution B - Equitable Communities Background Information Action ByDate Action ResultVer. City Council5/2/20171 Subject: Adopt a resolution affirming the City’s commitment to being an equitable community StaffrecommendsthattheCityCounciladoptResolutionNo.17-045affirmingtheCity’s commitmenttoadiverse,supportive,inclusivecommunityandtoprotectingtheconstitutional rights of its residents CITY OF CUPERTINO Printed on 4/26/2017Page 1 of 1 powered by Legistar™88 OFFICE OF THE CITY MANAGER CITY HALL 10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3212 www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: May 2, 2017 Subject Consider adopting a resolution affirming the City’s commitment to being an equitable community. Recommended Action Staff recommends that the City Council adopt the attached draft resolution affirming the City’s commitment to a diverse, supportive, inclusive community and to protecting the constitutional rights of its residents. Background The community has expressed significant and growing concern based upon recent national and regional incidents of hate crimes, intolerance of religious beliefs, discrimination, sexual harassment and assault, and the fear of a trend toward more of these crimes in the future. In response, the Cities Association of Santa Clara County convened a subcommittee to consider action or recommendation to membership cities in wake of the federal government’s new policies on immigration enforcement and pledge to protect constituents regardless of race, gender, class, religion, sexual orientation, or disability and advance commitment to safety and equity across communities. Discussion At the request of Council, staff remained in close contact with the Cities Association to provide updates on the results of the subcommittee. The subcommittee developed a Draft Resolution (Attachment A) encouraging equitable communities and at their April 2017 Board Meeting, the Cities Association Board recommended encouraging cities to adopt the Draft Resolution. The Cities Association also provided background information which includes a matrix of the status of Regional, State and Federal Actions (Attachment B). Sustainability Impact None anticipated. Fiscal Impact None anticipated. 89 _____________________________________ Prepared by: Katy Nomura, Management Analyst Reviewed by: Jacqueline Guzman, Assistant to the City Manager Approved for Submission by: David Brandt, City Manager Attachments: A – Draft Resolution B – Equitable Communities Background Information 90 1 Resolution No. 17- A RESOLUTION OF THE CITY OF CUPERTINO AFFIRMING THE CITY’S COMMITMENT TO A DIVERSE, SUPPORTIVE, INCLUSIVE COMMUNITY AND TO PROTECTING THE CONSTITUTIONAL RIGHTS OF ITS RESIDENTS WHEREAS, The City of Cupertino values a community characterized by diversity, multiculturalism, and unity and acknowledges that the dignity, health, rights and privacy of all our residents must be respected; and WHEREAS, the City is committed to protecting the constitutional rights of all of our residents; and WHEREAS, each person is naturally and legally entitled to live a life without harassment, discrimination, persecution or assault, whether perpetrated by individuals, groups, businesses or governments; and WHEREAS, there exists significant and growing concern among our residents based upon recent national and regional incidents of hate crimes, intolerance of religious beliefs, discrimination, sexual harassment and assault, and the fear of a trend toward more of these crimes in the future; and WHEREAS, there also exists considerable concern in our City about the potential risks for discrimination, harassment, persecution, assault, and deportation; and WHEREAS, the City and its residents continually reject bigotry and affirm their commitment to a diverse, supportive, inclusive community; and WHEREAS, all members of the City are valued regardless of religion, immigration status, ethnicity, disability, gender, sexual orientation, or gender identity. NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Cupertino hereby affirms its commitment to a diverse, supportive and inclusive community and resolves as follows: The City of Cupertino rejects bigotry in all its forms, including, but not limited to, Islamophobia, anti-Semitism, racism, nativism, misogyny and homophobia; and The City of Cupertino does not tolerate discrimination based on race, national origin, ethnicity, religion, age, gender, sexual orientation, color or disability: and The City of Cupertino does not tolerate Hate crimes, harassment, or assault; and 91 2 The City of Cupertino will oppose any attempts to undermine the safety, security, and rights of members of our community and will work proactively to ensure the rights and privileges of everyone in the City, regardless of religion, country of birth, immigration status, disability, gender, sexual orientation, or gender identity; and The City of Cupertino will promote safety, a sense of security, and equal protection of constitutional and human rights, leading by example through equitable treatment of all by City officials and departments. PASSED AND ADOPTED at the regular meeting of the City Council, held on the 2nd day of May, 2017 by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: __________________________________ Grace Schmidt, City Clerk APPROVED: _________________________________ Mayor Savita Vaidhyanathan, City of Cupertino 92 1 Equitable Communities: Informational Report on Status of Regional, State, and Federal Actions Jurisdiction Date Action Gilroy 02/06/2017  Passed Resolution assuring residents that the city embraces and respects people of all ethnicities, national backgrounds and faith, the police department will protect victims and strictly enforce laws against the commitment of hate crimes without regard to the immigration status of the victim or reporting party, and, the City Council is committed to protecting the constitutional rights of its residents. Los Altos 02/14/2017  Passed Resolution promoting safety, a sense of security, and equal protection of constitutional and human rights through equitable treatment of all; reaffirmed the City’s commitment to a diverse, supportive, inclusive, and protective community. Morgan Hill 12/14/2016  Issued Statement of Support and Assurance to Morgan Hill Community and plans to adopt inclusiveness as one of its 2017 strategic priorities and make social responsibility as one of its guiding principles; http://conta.cc/2h2lQ2v. Mountain View 12/13/2016  Passed Human Rights City Resolution on December 13, 2016 adopting the universal declaration of human rights as guiding principles and declaring Mountain View as a Human Rights City, ensuring the community that discrimination in any form will not be tolerated. Mountain View Police Department has a longstanding policy of not asking about immigration status or helping ICE on issues solely related to immigration status. Palo Alto 12/12/2016  Passed Resolution promoting safety, a sense of security, and equal protection of constitutional and human rights through equitable treatment of all; reaffirmed the City’s commitment to a diverse, supportive, inclusive and protective community. Also on October 15, 2001, City passed resolution declaring Palo Alto a “Hate-Free Zone.” San Jose 12/02/2016 01/10/2016  Mayor Liccardo and law enforcement leaders issued statements reaffirming residents’ safety and the city’s longstanding policy on immigration enforcement; the police department will not become a deportation force under President Trump’s administration. “We need to ensure that all residents feel comfortable calling 911, reporting crimes, coming forward as witnesses, and testifying in court to help us keep criminals off the street.”  City Council approved mid-year funding to develop a communications strategy, in coordination with the County of Santa Clara, to ensure accurate and timely information is delivered to the most vulnerable immigrant community. Funding will also support the creation of a pro-bono legal services network that will complement the County's legal services programs. City Council also advised that the City create “safe spaces” in city-owned facilities such as libraries and community centers. Attachment B 93 2 01/25/2017  Berkeley Mayor Jesse Arreguín, San Francisco Mayor Ed Lee, San Jose Mayor Sam Liccardo and Oakland Mayor Libby Schaaf issued statements and vowed to take a regional approach to combat the impacts of any threatened cuts in federal funding that would adversely affect the nearly two and half million residents of diverse backgrounds who reside in their cities.  Through Office of Immigrant Affairs, San Jose is a member of the “Welcoming America" network that supports participating cities efforts to create inclusive, immigrant friendly policies and to engage various sectors in creating welcoming communities. Saratoga  The City is working in partnership with the Saratoga Ministerial Association to host a series of events called Community Conversations to encourage discussions within the community focused on inclusiveness and equality. The first of these events will take place on the evening of March 28. The meetings will be facilitated by members of the Ministerial Association, which is a group of leaders from our various faith-based organizations. The City is supporting these events by providing meeting space, helping with outreach and communications, and coordination. Sunnyvale 02/07/2017  Issued “Statement on Our City Values and Public Service;” City Council unanimously voted to reaffirm Sunnyvale’s commitment of serving its diverse community in a respectful, equitable, and inclusive manner. Santa Clara County Police Chiefs Association 03/09/2017  Issued statement reassuring communities that police departments’ longstanding stance on immigration enforcement will not change. Federal immigration laws will not be enforced by local police departments. Departments equally respect both documented and undocumented residents and “recognize mutual trust and respect is the cornerstone in building a solid foundation for our success.” The Association encourages victims and witnesses to contact departments about reporting or witnessing crimes without fear so that public safety departments can continue to serve and protect a safe environment for all. Santa Clara County 12/13/2016  Passed Resolution (3 in favor and 2 abstentions) in response to the election of President Trump and increase in hate crimes across the nation and Santa Clara County. Santa Clara County Affirms Defense of Its Immigration Policies  Development of legal strategies that could be used to stop a loss of revenue or protect residents’ civil rights.  Created a Federal Legislative Advocacy Task Force to keep the Board informed about the impacts of anticipated changes in policies, legislation and regulations, and to propose Board actions.  Developed a plan through the Office of Immigrant Relations aimed to provide information to immigrants in multiple languages about their rights and where to seek services. Furthermore, the plan will create a partnership between legal service providers and community based organizations to provide legal representation to immigrant residents who may face deportation. 94 3  Declaring the month of August as Muslim Awareness and Appreciation Month  Resolution for County of Santa Clara Affirming its Commitment to Central American Refugees—June 2016  Declaring Immigrant Heritage Month—June 2016  Resolution Responding to the 2016 Presidential election and Affirming Santa Clara County’s Commitment to its Values  National Welcoming Week—September 2016  April 2016—Santa Clara County was Designated as a Welcoming County under the While House Task Force on New Americans Welcoming Communities Campaign February 2017  Santa Clara County Joined other Cities and Counties throughout the US in filing an Amicus Curiae asking the US Supreme Court to uphold important constitutional protections for immigrants held in prolonged mandatory detention by the federal Government  Filed a Federal Lawsuit against President Trump and members of his administration challenging his January 25, 2017 Executive Order which intended to deny all federal funding to any state and local government that fails to comply with his aggressive immigration enforcement plan. March 2017  Joined the Cities of Chicago, Los Angeles and New York City in filing a friend-of-the-court amicus brief in the Federal district court in Seattle challenging President Trump’s renewed attempt at restricting travel into the US from six majority-Muslim nations March 2017  Letter of Support for Various CA Legislative Bills o AB 3—provide training and advise in issues relating to the immigration consequences of criminal convictions to public defenders in the state o SB 6—Provides funding for universal legal representation for every immigrant detained in California o SB 31—protects the safe and free exercise of religion by all Californians by ensuring that state 95 4 and local agencies and personnel do not participate in or use agency resources to create a registry o SB 54—protects the safety and well-being of all Californians by preventing the use of state and local public resources to aid federal immigration and customs enforcement agents in deportation actions  According to the Public Policy Institute of California, more than 180,000 undocumented immigrants reside in Santa Clara County.  Board of Supervisors approved investment of $3.5 million toward providing community outreach and legal representation to victims if mass deportation in order to ensure due process at low or no cost. Legal Representation Program  Funding will support: o (a) the costs of full-time immigration attorneys, and possibly support staff, from legal services organizations that provide no-cost immigration legal services; and o (b) Pro bono programs in which volunteer lawyers, usually from private law firms, provide representation and other assistance under the supervision of experienced immigration lawyers.  Contract with and provide funding to non-profit organizations that are well-equipped to provide immigration-related legal services to those who live or work in the County. o The funded legal services should include not only removal defense for individuals who have been formally charged and placed into removal proceedings, but also legal assistance that provides preventative measures against being targeted for removal in the first place. This would include screening to determine if an individual qualifies for legal status or immigration relief he or she can proactively seek without waiting to be targeted for removal, such as asylum, citizenship, adjustment of status, or other waivers; assistance in filing applications for these forms of immigration relief; and assistance with post-conviction remedies that could mitigate the immigration consequences of convictions. o Support legal assistance for a broad range of immigrants County Counsel recommends that the County program support legal representation for a broad range of individuals who live or work in the County – including individuals with criminal records – for several reasons. First, because the incoming administration intends to focus immediate removal efforts on immigrants with criminal records, these immigrants are likely to face the most immediate and acute need for legal representation. Second, under the federal immigration laws, many low-level offenses, 96 5 such as joyriding or a single failure to appear in court on a misdemeanor charge, can trigger the initiation of removal proceedings in immigration court, even for green card-holders who have lived in this country for decades.  Santa Clara County has agreed to cooperate with ICE requests when the subject has a record of state-defined “serious or violent” crimes in the past 10 years. These crimes include murder or attempted murder, mayhem, rape and other sex crimes, robbery, arson and extortion, and other crimes.  County filed lawsuit, along with other jurisdictions, against President Donald Trump over his executive orders related to immigration. Trump's newly signed executive orders require compliance with federal Immigration Customs and Enforcement (ICE) officials and other security agencies in order to receive $300 million in promised federal funds.  Santa Clara County is a member of the “Welcoming America” network that supports participating cities efforts to create inclusive, immigrant friendly policies and to engage various sectors in creating welcoming communities.  Through its Office of Immigration, the County has a website that provides services, resources, and education about citizens’ rights during immigration raids at https://www.sccgov.org/sites/oir. State of California The California State Legislature has introduced a number of bills addressing the federal government’s new immigration policies. If passed, California could be designated a sanctuary state.  Senate Bill 54 (Kevin De Leon) would prevent local law enforcement agencies across the state “from using resources to investigate, interrogate, detain, detect, report, or arrest persons for immigration enforcement purposes.” California’s Trust Act — passed in 2013 — already prevents law enforcement from keeping someone in custody for immigration authorities after he or she is eligible for release. And California's Truth Act – passed in 2016 –requires inmates to receive consent forms explaining their rights to them before ICE agents talk to them. Te proposed new measures would go further, preventing agencies from collecting information on people’s legal status or from responding to certain requests from federal agents for information, such as phone numbers, work addresses or release dates. California cannot stop federal immigration officers from conducting deportation raids in the Golden State. However, the state can stop local cops and deputies from helping the feds enforce immigration law. If passed, the bill would prohibit the use of state facilities for immigration enforcement purposes. This would essentially prevent access to county-run jails from ICE. California State Sheriff’s Association 97 6 opposes the bill; while several organizations, such Bill Wilson Center, Asian Law Alliance, California La Raza Lawyers Association, SEIU California and more support the bill. Passed Senate third reading on March 22, 2017 and now currently awaiting review in Assembly.  Assembly Bill 3 (Bonta) would create state-funded centers to train public defenders and other defense attorneys on immigration law. This bill has passed hearings in Assembly Committees on Public Safety and Human Services; awaiting hearing in Assembly Committee on Appropriations.  Senate Bill 6 (Hueso) establishes the Due Process for All Act by expanding existing immigrant legal services contracts administered by the California Department of Social Services (CDSS) to include immigrants facing deportation. The bill authorizes CDSS to establish specific contracting priorities, requires the state to consider the use of an umbrella nonprofit organization to administer the contracts and sets criteria for qualifying contractors. It prohibits legal services from being provided to individuals who have been convicted of specified violent crimes. The bill additionally establishes the California Universal Representation Trust Fund to accept donations from private foundations and philanthropic entities in order to serve more people. Passed Senate Third Reading on March 22, 2017. Federal Government 01/25/2017 01/25/2017 President Trump has issued 18 executive orders since he was sworn into office. The orders related to immigration and public safety of citizens include the following.  Border Security and Immigration Enforcement – President Trump instructed the Department of Homeland Security to begin construction of a 1,900-mile long wall along the southern border with Mexico, using existing federal funds to get it started. The directive also included strengthening the border with an additional 5,000 border protection officers.  Enhancing Public Safety in the Interior of the United States – directs executive departments and agencies to enforce immigration laws of the United States through deportation of undocumented immigrants and tripling resources for enforcement with 10,000 additional immigration officers. This directive is aimed at undocumented immigrants who have committed a crime, or have been charged with a crime, where unresolved, or are suspected as a threat to public safety. It also targets “sanctuary cities,” or municipalities, states, and other entities which can refuse to turnover undocumented immigrants to federal authorities through a variety of policies by withholding funding. “Jurisdictions that willfully refuse to comply with 8 U.S.C. 1373 (sanctuary jurisdictions) are not eligible to receive Federal grants, except as deemed necessary for law enforcement purposes by the Attorney General or the Secretary. The Secretary has the authority to designate, in his discretion and to the extent consistent with law, a 98 7 1/27/2017 02/09/2017 03/06/2017 jurisdiction as a sanctuary jurisdiction. The Attorney General shall take appropriate enforcement action against any entity that violates 8 U.S.C. 1373, or which has in effect a statute, policy, or practice that prevents or hinders the enforcement of Federal law.” Implications: this directive will likely lead to an increase in the deportation of undocumented immigrants. While it is suspected the administration cannot cut of all federal funding because Congress approves much of it, the President may put pressure on cities to comply. Several legal scholars question whether the executive order is constitutional, based on the 10th Amendment and previous court precedents. If federal funding is in fact threatened, lawsuits are expected, e.g. Santa Clara County and City of San Jose have joined other jurisdictions and filed a law suit against President Trump due to this executive order.  Protecting the Nation from Foreign Terrorist Entry into the United States - An executive order imposing a 120-day suspension of the refugee program and a 90-day ban on travel to the U.S. from citizens of seven Muslim-majority nations: Iraq, Iran, Syria, Libya, Yemen, Somalia and Sudan. This directive set off widespread chaos and confusion at airports nationwide and for agencies tasked with implementing the order. Due to federal courts response, the travel ban was frozen. As of March 6, 2017, this executive order has been revoked.  Task Force on Crime Reduction and Public Safety - An executive order directing the Department of Justice to take the lead on Federal actions to support law enforcement efforts nationwide and to collaborate with State, tribal, and local jurisdictions to restore public safety to all of our communities. The Attorney General (Jeff Sessions) has been directed to establish and fund a Task Force on Crime Reduction and Public Safety. The Task Force will be tasked with developing strategies to reduce crime, including, in particular, illegal immigration, drug trafficking, and violent crime.  Protecting the Nation from Foreign Terrorist Entry into the United States – The revised executive order temporarily suspends immigration into the United States for 90 days from now only six predominantly-Muslim countries — Iran, Somalia, Sudan, Yemen, Syria, and Libya. Iraq was previously listed among those nations, but was removed after assurances from the Iraqi government of increased information sharing with the United States. Visitors with existing visas and current lawful permanent residents and green card holders are exempt from the ban. In addition, no more than 50,000 refugees will be allowed in in 2017 and the order no longer places a blanket ban on Syrian refugees trying to enter the U.S. Instead refugees, including those from Syria, will be subjected to a 120-day suspension of the refugee program. The new order rescinds the previous one was supposed to go into effect on March 16, 2017; however, it has been put on hold due to legal challenges in the federal courts. 99 8  HR 83 Mobilizing Against Sanctuary Cities Act, introduced by Congress Member Lou Barletta, proposes to prohibit “a state or local government from receiving federal financial assistance for a minimum of one year if it restricts or prohibits a government entity or official from: (1) sending to or receiving from the responsible federal immigration agency information regarding an individual's citizenship or immigration status, or (2) maintaining or exchanging information about an individual's status.” The bill restores assistance eligibility upon a Department of Justice (DOJ) determination that the jurisdiction no longer restricts or prohibits such actions. DOJ shall report each year to Congress regarding state or local jurisdictions that restrict or prohibit such actions. Judiciary Committee referred bill for review by Subcommittee on Immigration & Border Security. 100 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:117-2571 Name: Status:Type:Consent Calendar Agenda Ready File created:In control:4/25/2017 City Council On agenda:Final action:5/2/2017 Title:Subject: Letter of Support for State Senate Bill 231 Sponsors: Indexes: Code sections: Attachments:Staff Report A - Sample Letter of Support Action ByDate Action ResultVer. City Council5/2/20171 Subject: Letter of Support for State Senate Bill 231 DirectstafftosendaletterofsupportforSenateBill231(Hertzberg):StormwaterStewardship from the Mayor, as attached CITY OF CUPERTINO Printed on 4/26/2017Page 1 of 1 powered by Legistar™101 1 PUBLIC WORKS DEPARTMENT CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3354 www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: May 2, 2017 Subject Letter of Support for State Senate Bill 231 Recommended Action Direct staff to send a letter of support for Senate Bill 231 (Hertzberg): Stormwater Stewardship from the Mayor, as attached. Discussion Stormwater is a key source of local water supply and careful management is necessary due to California’s continuing cycles of drought. Stormwater can also be a pollutant that runs off through sewers and other channels. Yet, local agencies are limited in the type of infrastructure they can fund to manage storm and flood waters. The process to raise stormwater and many other fees were changed with the passage of Proposition 218 in November 1996. Many California agencies have struggled to increase stormwater fees due to the requirements of Proposition 218. Consequently, Cupertino and the majority of other agencies have not raised stormwater fees since 1996 despite significantly increased unfunded mandates by the State. SB 231 maintains the strict transparency and accountability requirements in Proposition 218, which ensure that local fees be used only for the purposes for which they were collected and only in amounts necessary to meet local needs. It is also an important step toward smarter management of stormwater as an integral part of both sanitary sewer and water systems. For these reasons, staff recommends that the City Council adopt a position of support on SB 231, and authorize the Mayor to send a letter of support of this important piece of legislation. Sustainability Impact A well supported stormwater pollution prevention program is a benefit to all of Cupertino and the overall better quality of life for Bay Area residents and the natural environment. 102 2 Fiscal Impact The FY16/17 stormwater revenue will be approximately $372,800 and $671,000 was budgeted to meet State mandates. Currently the general fund subsidizes the difference between these two amounts. If SB 231 is passed, Cupertino will have an efficient method to have right-sized stormwater fees introduced and supported for the purposes for which they were collected and only in amounts necessary to meet Cupertino needs. _____________________________________ Prepared by: Roger Lee, Assistant Director of Public Works Cheri Donnelly, Environmental Program Manager Reviewed by: Timm Borden, Director of Public Works Approved for Submission by: David Brandt, City Manager Attachments: A – Sample Letter of Support 103 May 2, 2017 The Honorable Robert M. Hertzberg California State Capitol, Room 4038 Sacramento, CA 95814 RE: Support for SB 231 (Hertzberg) Stormwater Stewardship Dear Senator Hertzberg, On behalf of the City of Cupertino, we strongly support SB 231 (Hertzberg): “Stormwater Stewardship.” SB 231 clarifies what constitutes sewer water to help protect communities from flooding as well as beaches and waterways from pollution. Stormwater is a key source of local water supply and careful management is necessary now more than ever due to California’s continuing cycles of drought. It can also be a pollutant that runs off through sewers and other channels. Yet, local agencies are limited in the type of infrastructure they can fund to manage storm and flood waters. Local governments are often underfunded and face financial constraints on stormwater projects that we need to manage water supplies and address water pollution in our communities. SB 231 is an important step toward smarter management of stormwater as an integral part of both sewer and water systems. We are happy to support a bill that maintains the strict transparency and accountability requirements in Proposition 218, which ensure that local fees be used only for the purposes for which they were collected and only in amounts necessary to meet local needs. Thank you for introducing this important measure. For these reasons, the City of Cupertino Supports SB231 (Hertzberg). Sincerely, Savita Vaidhyanathan, Mayor City of Cupertino cc: Andrew Fahlund, Water Foundation (Sponsor) 104 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:116-2038 Name: Status:Type:Consent Calendar Agenda Ready File created:In control:10/4/2016 City Council On agenda:Final action:5/2/2017 Title:Subject: Declare brush to be a public nuisance and potential fire hazard and set hearing for June 20 for objections to proposed removal Sponsors: Indexes: Code sections: Attachments:Staff Report A - Draft Resolution Action ByDate Action ResultVer. City Council5/2/20171 Subject:Declarebrushtobeapublicnuisanceandpotentialfirehazardandsethearingfor June 20 for objections to proposed removal Adopt Resolution No. 17-042 declaring brush to be a public nuisance and potential fire hazard and setting the hearing date for June 20 CITY OF CUPERTINO Printed on 4/26/2017Page 1 of 1 powered by Legistar™105 OFFICE OF THE CITY CLERK CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3223 www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: May 2, 2017 Subject Declare brush to be a public nuisance and potential fire hazard and set hearing for June 20 for objections to proposed removal. Recommended Action Adopt draft resolution declaring brush to be a public nuisance and potential fire hazard and setting the hearing date for June 20. Discussion The Cupertino brush abatement program is a separate program from the County Weed Abatement Program. Cupertino Municipal Code Section 16.40.480 requires property owners in the locally adopted Wildland-Urban Interface Fire Area to maintain effective defensible space by removing brush, flammable vegetation and combustible growth when required by the fire code official due to steepness of terrain or other conditions. It also authorizes the County to remove the brush if the property owner doesn’t and to recover the cost of abatement. _____________________________________ Prepared by: Kirsten Squarcia, Deputy City Clerk Reviewed by: Grace Schmidt, City Clerk Approved for Submission by: David Brandt, City Manager Attachments: A - Draft Resolution 106 RESOLUTION NO. 17- A RESOLUTION OF THE CUPERTINO CITY COUNCIL DECLARING BRUSH GROWING ON CERTAIN DESCRIBED PROPERTY TO BE A PUBLIC NUISANCE AND POTENTIAL FIRE HAZARD AND SETTING HEARING FOR OBJECTIONS TO PROPOSED REMOVAL WHEREAS, brush is growing in the City of Cupertino upon certain streets, sidewalks, highways, roads and private property; and WHEREAS, said brush may attain such growth as to become a fire menace or which are otherwise noxious or dangerous; and WHEREAS, said brush constitutes a public nuisance; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cupertino as follows: 1. That said brush does now constitute a public nuisance and potential fire hazard; 2. That said nuisance and potential fire hazard exists upon all of the streets, sidewalks, highways, roads and private property more particularly described by common names or by reference to the tract, block, lot, code area, and parcel number on the report to be provided by the Santa Clara County Fire Department; 3. That the 20th day of June, 2017, at the hour of 6:45 p.m., or as soon thereafter as the matter can be heard, in the Council Chamber in the Community Hall, City of Cupertino, are hereby set as the time and place where all property owners having any objections to the proposed removal of such brush may be heard; 4. That the Santa Clara County Fire Marshal is hereby designated and ordered as the person to cause notice of the adoption of this resolution to be given in the manner and form provided in Sections 9.08.040 of the Cupertino Municipal Code. 107 Resolution No. 17- Page 2 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 2nd day of May, 2017 by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: __________________________ ____________________________ Grace Schmidt, City Clerk Savita Vaidhyanathan, Mayor, City of Cupertino 108 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:117-2336 Name: Status:Type:Consent Calendar Agenda Ready File created:In control:2/6/2017 City Council On agenda:Final action:5/2/2017 Title:Subject: Amendment to Funding Agreement between the City of Cupertino and the Santa Clara Valley Transportation Authority (VTA) for the I-280/Wolfe Road Interchange Improvements Project Sponsors: Indexes: Code sections: Attachments:Staff Report A - Draft Amendment to Funding Agreement Action ByDate Action ResultVer. City Council5/2/20171 Subject:AmendmenttoFundingAgreementbetweentheCityofCupertinoandtheSanta ClaraValleyTransportationAuthority(VTA)fortheI-280/WolfeRoadInterchange Improvements Project AuthorizetheCityManagertoexecuteanamendmenttoanexistingagreementwiththeVTA toidentifytheirrespectiveobligationsinregardtotheI-280/WolfeRoadInterchange Improvements Project CITY OF CUPERTINO Printed on 4/26/2017Page 1 of 1 powered by Legistar™109 PUBLIC WORKS DEPARTMENT CITY HALL 10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3354 www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: May 2, 2017 Subject Amendment to Funding Agreement between the City of Cupertino and the Santa Clara Valley Transportation Authority (VTA) for the I-280/Wolfe Road Interchange Improvements Project. Recommended Action Authorize the City Manager to execute an amendment to an existing agreement with the VTA to identify their respective obligations in regard to the I-280/Wolfe Road Interchange Improvements Project. Background In anticipation of increasing traffic demands and the need for enhanced multi-modal connectivity along Wolfe Road across I-280, the VTA initiated and is in the process of completing a Project Study Report/Project Initiation Document (PSR/PID) for the purpose of identifying alternatives for a new interchange on Wolfe Road at I-280. Following completion of the PSR/PID, a Project Approval/Environmental Document (PAED) will be completed, with the goal being final Plans, Specifications and Estimates (PS&E) and ultimately construction of a new interchange. In the absence of funding constraints, construction of a new interchange could begin by 2020. On November 17, 2015, City Council authorized the City Manager to execute a funding agreement with the VTA to identify their and the City’s respective obligations in regards to the Project. The funding agreement, in essence, provided for a contribution of $1,200,000 from the City for completion of the PSR/PID (comprised of a $1,000,000 contribution from Apple and a $200,000 contribution from the Irvine Company). The PSR/PID is nearing completion, and VTA is looking to immediately begin the PAED phase of the Project. Discussion Cupertino Property Development II, LLC, developers of the Hotel project at 10380 Perimeter Road, have deposited $500,000 with the City as a one-time contribution 110 towards all obligations related to the I-280/Wolfe Road Interchange Project. The Amendment to the Funding Agreement modifies the original Funding Agreement to increase the City’s contribution to the Project from $1,200,000 to $1,700,000 to include the aforementioned $500,000. It is VTA’s intent that this additional funding will be applied towards the PAED phase of the Project. Additional funding for the PAED phase will likely come from cost savings from the PSR/PID phase, as well as Measure B sales tax revenue. Sustainability Impact N/A Fiscal Impact The City’s additional $500,000 contribution to the Project is entirely developer-funded. Consequently, there is no fiscal impact to the City. _____________________________________ Prepared by: Timm Borden, Director of Public Works Approved for Submission by: David Brandt, City Manager Attachments: A - Draft Amendment to Funding Agreement 111 1 5e0da019-aabf-4e1f-ac13-c758d89e1e0b.docx AMENDMENT TO FUNDING AGREEMENT BETWEEN THE CITY OF CUPERTINO AND SANTA CLARA VALLEY TRANSPORTATION AUTHORITY FOR THE I-280/WOLFE ROAD INTERCHANGE IMPROVEMENTS PROJECT This FUNDING AGREEMENT AMENDMENT No. 1 (“First Amendment”) dated __________, 2017, for purposes of reference, is made and entered into by and between the CITY OF CUPERTINO, a municipal corporation of the State of California ("CITY"), and SANTA CLARA VALLEY TRANSPORTATION AUTHORITY, a public agency organized as a special district under California law ("VTA"). Hereinafter, CITY and VTA may be individually referred to as "Party" or collectively referred to as "Parties". I. RECITALS A. On January 25, 2016, Parties entered into an agreement (“FUNDING AGREEMENT”) setting their respective obligations in regard to the modifications to the I- 280/Wolfe Road Interchange Improvements Project (“PROJECT”). B. CITY initially contributed an amount of one million two hundred thousand ($1,200,000) dollars to the PROJECT under the terms of the FUNDING AGREEMENT for the development and completion of the Project Initial Document (“PID”) phase. C. The PROJECT’s PID phase, including the conceptual alternative analysis activity, is scheduled to be completed in May 2017. D. The Parties recognize the need for the continuation of project developments into the next phases. E. The Parties wish to amend the FUNDING AGREEMENT to increase the CITY’s contribution from $1,200,000 to $1,700,000 to continue project development into the Project Approval/Environmental Document (“PAED”) phase. NOW, THEREFORE, the Parties agree to amend the FUNDING AGREEMENT as follows: II. AMENDED AGREEMENT 1. SECTION II, PARAGRAPH 2 CITY’s Financial Contribution for PROJECT, is hereby amended to increase CITY’s Contribution by five hundred thousand ($500,000) dollars. The first sentence shall be restated as follows: “CITY shall contribute to the PROJECT an amount not to exceed one million seven hundred thousand ($1,700,000) dollars (hereinafter, “CITY’s Contribution”) towards the development and completion of the PID and the development of the PAED phase.” 112 2 5e0da019-aabf-4e1f-ac13-c758d89e1e0b.docx 2. SECTION II, PARAGRAPH 14 Notice, is hereby amended update VTA’s address for notices and shall be restated as follows: “14. Notice. Any notice required to be given by either Party, or which either party may wish to give, shall be in writing and served either by personal delivery or sent by certified or registered mail, postage prepaid, addressed as follows: To VTA: Santa Clara Valley Transportation Authority Carolyn Gonot, Acting Director of Planning and Program Development 3331 North First Street, Bldg. B-2 San Jose, CA 95134-1906 To CITY: City of Cupertino Timm Borden, Director of Public Works Department of Public Works 10300 Torre Avenue, Cupertino, CA 95014 Notice shall be deemed effective on the date personally delivered or, if mailed, three (3) days after deposit in the United States mail.” WITNESS THE EXECUTION HEREOF the day and year first hereinabove set forth. “CITY” City of Cupertino a municipal corporation By: David Brandt City Manager “VTA” Santa Clara Valley Transportation Authority a public agency By: Nuria Fernandez General Manager Date: ___________________________ APPROVED AS TO FORM: By: Randolph Hom City Attorney APPROVED AS TO FORM: By: Megan Gritsch Staff Attorney II 113 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:117-2537 Name: Status:Type:Consent Calendar Agenda Ready File created:In control:4/12/2017 City Council On agenda:Final action:5/2/2017 Title:Subject: Application for Alcohol Beverage License for TLT International (dba TLT & Grill), 20371 Stevens Creek Boulevard Sponsors: Indexes: Code sections: Attachments:Staff Report A - Application Action ByDate Action ResultVer. City Council5/2/20171 Subject:ApplicationforAlcoholBeverageLicenseforTLTInternational(dbaTLT&Grill), 20371 Stevens Creek Boulevard RecommendapprovaltotheCaliforniaDepartmentofAlcoholicBeverageControlofthe applicationforAlcoholBeverageLicenseforTLTInternational(dbaTLT&Grill),20371 Stevens Creek Boulevard CITY OF CUPERTINO Printed on 4/26/2017Page 1 of 1 powered by Legistar™114 CITY COUNCIL STAFF REPORT Meeting: May 2, 2017 Subject Application for Alcoholic Beverage License for TLT International (dba TLT & Grill), 20317 Stevens Creek Boulevard. Recommended Action Recommend approval to the California Department of Alcoholic Beverage Control of the Application for Alcoholic Beverage License for TLT International (dba TLT & Grill), 20317 Stevens Creek Boulevard. Description Name of Business: TLT & Grill Location: 20317 Stevens Creek Boulevard. Type of Business: Restaurant Type of License: 41 – On-Sale Beer & Wine – Eating Place (Restaurant) Reason for Application: Annual Fees, Person-to-person transfer Discussion There are no zoning or use permit restrictions which would prohibit the sale of alcohol as proposed. Therefore, staff has no objection to the issuance of this license. License Type 41 authorizes the sale of beer and wine for consumption on or off the premises where sold. This business is located in St. Joseph’s Place at 20317 Stevens Creek Boulevard. Sustainability Impact None Fiscal Impact None _____________________________________ Prepared by: Ellen Yau, Assistant Planner, Planning Department Reviewed by: Benjamin Fu, Assistant Director of Community Development; Aarti Shrivastava, Assistant City Manager - Community Development and Strategic Planning Approved for Submission by: David Brandt, City Manager Attachment: A - Application COMMUNITY DEVELOPMENT DEPARTMENT CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3308 www.cupertino.org 115 116 117 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:117-2373 Name: Status:Type:Second Reading of Ordinances Agenda Ready File created:In control:2/14/2017 City Council On agenda:Final action:5/2/2017 Title:Subject: Second reading of an ordinance amending the Municipal Code to develop an application process for the Single-Story Overlay Zoning Districts in Single-Family residential (R-1) zones (Application No.: MCA-2017-02; Applicant: City of Cupertino; Location: Citywide) Sponsors: Indexes: Code sections: Attachments:Staff Report A. Ordinance No. 17-2162 B. Redline document indicating changes Action ByDate Action ResultVer. City Council5/2/20171 Subject:SecondreadingofanordinanceamendingtheMunicipalCodetodevelopan applicationprocessfortheSingle-StoryOverlayZoningDistrictsinSingle-Familyresidential (R-1)zones(ApplicationNo.:MCA-2017-02;Applicant:CityofCupertino;Location: Citywide) ConductthesecondreadingandenactOrdinanceNo.17-2162:“AnOrdinanceoftheCity CounciloftheCityofCupertinoamendingTitle19,Zoning,oftheCupertinoMunicipalCode Chapter19.12(Administration),Chapter19.20(Permitted,ConditionalandExcludedUsesin AgriculturalandResidentialZones),andChapter19.28(Single-FamilyResidentialR-1) Zones), to create a Single-Story Overlay District process" CITY OF CUPERTINO Printed on 4/26/2017Page 1 of 1 powered by Legistar™118 DEPARTMENT OF COMMUNITY DEVELOPMENT CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3308 • FAX: (408) 777-3333 CITY COUNCIL STAFF REPORT Meeting: May 2, 2017 Subject Second reading of an ordinance amending the Municipal Code to develop an application process for the Single-Story Overlay Zoning Districts in Single-Family residential (R-1) zones (Application No.: MCA-2017-02; Applicant: City of Cupertino; Location: Citywide). Recommended Action Conduct the second reading and enact Ordinance No. 17-2162: “An ordinance of the City Council of the City of Cupertino amending Title 19, Zoning, of the Cupertino Municipal Code Chapter 19.12 (Administration), Chapter 19.20 (Permitted, Conditional and Excluded Uses in Agricultural and Residential Zones), and Chapter 19.28 (Single- Family Residential R-1) Zones), to create a Single-Story Overlay District process.” Discussion On April 18, 2017 Council conducted the first reading of ordinance 17-2162 with an amendment to Section 19.12.090 (C) (1) to clarify that each developable lot of record would only have one (1) vote in the mail-in ballot portion of the proposed process. Upon review, in order to be internally consistent, it is recommended that Section 19.28.050 (B) (4) also be clarified (see Attachment B.) Language has been added to Ordinance No. 17-2162 to clarify that each developable lot of record can only have one (1) signature in the petition circulated in the neighborhood. Sustainability Impact None. Fiscal Impact None since a cost recovery fee for the proposed process has been adopted by the Council. 119 Prepared by: Erick Serrano, Associate Planner Piu Ghosh, Principal Planner Reviewed by: Benjamin Fu, Assistant Community Development Director Aarti Shrivastava, Assistant City Manager Approved for Submission by: David Brandt, City Manager Attachments: A. Ordinance No. 17-2162 B. Pages from Ordinance No. 17-2162 indicating redlines 120 MCA-2017-02 ORDINANCE NO. 17-2162 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING TITLE 19, ZONING, OF THE CUPERTINO MUNICIPAL CODE AND CHAPTER 19.12 (ADMINSTRATION), CHAPTER 19.20 (PERMITTED, CONDITIONAL AND EXCLUDED USES IN AGRICULTURAL AND RESIDENTIAL ZONES), AND CHAPTER 19.28 (SINGLE-FAMILY RESIDENTIAL (R-1) ZONES), TO CREATE A SINGLE-STORY OVERLAY DISTRICT PROCESS WHEREAS, on August 2, 2016, the City Council directed Staff to develop a process to allow applicants to submit applications for initiating Single-Story Overlay Districts; WHEREAS, a community meeting was held on December 7, 2016 to allow the public an opportunity to review the draft regulations; WHEREAS, the necessary public notices have been given as required by the procedural ordinances of the City of Cupertino and the Government Code, and the Planning Commission held public hearings on March 14, 2017 to consider the project; and WHEREAS, with Resolution No. 6825 the Planning Commission has recommended on a 4-1 (Sun – no) vote that the amendments to the Municipal Code be granted; and WHEREAS, on April 18, 2017, upon due notice, the City Council has held at least one public hearing to consider these amendments to the Municipal Code be granted; and WHEREAS, this Ordinance is determined to be not a project under the requirements of the California Quality Act of 1970, together with related State CEQA Guidelines (collectively, “CEQA”) in that proposed Ordinance is not a project within the meaning of section 15378 of the California Environmental Quality Act (“CEQA”) Guidelines because it has no potential for resulting in physical change in the environment, either directly or ultimately. In the event that this Ordinance is found to be a project under CEQA, it is subject to the CEQA exemption contained in CEQA Guidelines section 15061(b)(3) because it can be seen with certainty to have no possibility of a significant effect on the environment. WHEREAS, the City Council is the decision-making body for this Ordinance; and WHEREAS, the City Council before taking action on this Ordinance has reviewed the not a project determination and exemption, and using its independent judgment, determines the Ordinance to be not a project or exempt from CEQA as stated above; NOW, THEREFORE, THE CITY COUNCIL OF THE OF CITY OF CUPERTINO DOES HEREBY ORDAIN AS FOLLOWS: 121 SECTION 1. Section 19.12.030, of Chapter 19.12 of Title 19 of the Cupertino Municipal Code is hereby amended to read as follows: 19.12.030 Approval Authority Table 19.12.030 shows the approval authority, Noticing Radius, Expiration Date and Extension Dates for different types of Permits. Type of Permit or Decision A, B Administrativ e Review Design Review Committee Planning Commission City Council Public Hearing/ Public Meeting/ Comment Period C Noticing/ Noticing Radius D Posted Site Notice Expiration Date E Chapter/ Findings General Plan Amendment Major F - - R F PH CA. Govt. Code 65350-65362 Yes - CA. Govt. Code 65350-65362 Minor G - - R F PH Yes - Zoning Map Amendments Major F - - R F PH CA. Govt. Code 65853 - 65856 Yes - 19.152.020 Minor G - - R F PH Yes - Single Story Overlay District - - R F PH Yes - Zoning Text Amendments - - R F PH CA. Govt. Code 65853 - 65856 - - 19.152.030 Specific Plans - - R F PH CA. Govt. Code 65350-65362 - - 20.04.030 Development Agreements - - R F PH CA. Govt. Code 65867 Yes - 19.144.120 Development Permits Major F, H - - F/R A1/F PM 19.12.110/ 300’ Yes 2 years 19.156.050 Minor G F - A1 A2 PM Yes 2 years Conditional Use Permits Major F, H, I F - A1/F/R A1/A2/F PH Yes 2 years 19.156.050 122 Type of Permit or Decision A, B Administrativ e Review Design Review Committee Planning Commission City Council Public Hearing/ Public Meeting/ Comment Period C Noticing/ Noticing Radius D Posted Site Notice Expiration Date E Chapter/ Findings Minor G, I F - A1/F/R A1/A2/F PH CA. Govt. Code 65905 Yes 2 years Temporary F - A1 A2 - None No 1 year None 19.160.030 Density Bonus (Residential) - R F Based on concurrent application 19.52 Adult-Oriented Commercial Activity (CUP) - - R F PH CA. Govt. Code 65905/ 300’ Yes 2 years 19.128.030& 19.128.040 Architectural and Site Approval Major J F - A1 A2 PM 19.12.110/ Adjacent Yes 2 years 19.168.030 Minor K F - A1 A2 PM Yes 2 years Amendment Major F, H - - F A1 PM/PH 19.12.110/ 300’ Yes 2 years 19.44, 19.156, 19.164 Minor G F - A1 A2 PM/PH Yes 2 years Minor Modification F - A1 A2 - None No 2 years 19.164 Hillside Exception/ Height Exception / Heart of the City Exception I - - F A1 PH 19.12.110/ 300’ Yes 2 years 19.40.080, 19.24.070, 19.136.090 Variance F - A1 A2 PH CA. Govt. Code 65905 Yes 2 years 19.156.060 Status of non-conforming Use - - F A1 PH 19.12.110/ 300’ Yes - 19.140.110 Wireless Antennas I F - F/ A1 A2 Varies I Depends on application type Yes 2 years 19.136.090 Signs Permits F - A1 A2 - None No 1 year 19.104 123 Type of Permit or Decision A, B Administrativ e Review Design Review Committee Planning Commission City Council Public Hearing/ Public Meeting/ Comment Period C Noticing/ Noticing Radius D Posted Site Notice Expiration Date E Chapter/ Findings Neon, Reader board & Freeway Oriented Signs I - F F A1 L PM 19.12.110/ 300’ No 1 year 19.104 Programs F - A1 A2 - None No 1 year 19.104 Exceptions I - F - A1 L PM 19.12.110/ Adjacent Yes 1 year 19.104.290 Parking Exceptions I F F A1 A1 L /A2 Varies M 19.12.110/ Adjacent/ 300’ N Yes 1 year 19.124.050 Fence Exceptions - F - A1 L PM 19.12.110/ Adjacent Yes 1 year 19.48.060 Front Yard Interpretation F - A1 A2 PM 19.12.110/ Adjacent Yes 1 year 19.08 R1 Ordinance Permits Two-story I F F F/A1 A1 L /A2 Varies I 19.12.110/ Adjacent Yes 1 year 19.28.140 Minor Residential F - A1 A2 CP No 1 year Exceptions I - F - A1 L PM Yes 1 year Protected Trees Tree Removal F - A1 A2 CP Adjacent/ Depending on type of application Yes 1 year 14.18.180 Heritage Tree Designation & Removal - - F A1 PM 19.12.110/ 300’ Yes - 14.18 Tree Management Plan F - A1 A2 - None No - 14.18 Retroactive Tree Removal F - A1 A2 - None No - 14.18 Reasonable Accommodation F - A1 A2 - None No 1 year 19.52.050 Extensions O 124 Type of Permit or Decision A, B Administrativ e Review Design Review Committee Planning Commission City Council Public Hearing/ Public Meeting/ Comment Period C Noticing/ Noticing Radius D Posted Site Notice Expiration Date E Chapter/ Findings Parking, Fence & Sign Exceptions & Front Yard Interpretations F - A1 A2 - None No 1 year Neon, Reader board & Freeway Oriented Signs F A1 A2 - None No 1 year Two Story Permits, Minor Residential Permits and Exceptions F - A1 A2 - None No 1 year Tree Removals F - A1 A2 - - No 1 year All other projects F - A1 A2 - 19.12.110/ None No 2 years Key: Notes: A. Permits can be processed concurrently with other applications, at the discretion of the Director of Community Development. B. Projects with combined applications shall be processed at the highest level of approval in conformance with Section 19.04.090. C. Public Hearing: Projects types that need noticing pursuant to the CA Government Code; Public Meeting: Project types that need only a mailed notice and no newspaper notices; Comment Period: Project types that need only a mailed notice and do not need a public hearing or public meeting. D. Noticing Radius of an application in a combined application shall correspond to the maximum noticing radius required for any one of the applications. R—Review and recommendation body F — Final decision-making body unless appealed A1 —Appeal Body on first appeal A2 — Appeal body on second appeal PH – Public Hearing PM – Public Meeting CP – Comment Period 125 E. Expiration date of an application in a combined application shall correspond to the maximum expiration date allowed for any one of the development applications (not including Subdivision Map Act applications, General Plan Amendments and Zoning Map or Text Amendments.) F. Major General Plan Amendment, Conditional Use Permit, Development Permit application - for more than ten thousand square feet of commercial and/or industrial and/or office and/or other non-residential use, or greater than six residential units G. Minor General Plan Amendment, Conditional Use Permit, Development Permit application - for ten thousand square feet or less of commercial and/or industrial and/or office and/or other non-residential use, or six or less residential units. H. City Council review for applications with new development greater than fifty thousand square feet of commercial, and/or greater than one hundred thousand square feet of industrial and/or office and/or other non-residential use, and/or greater than fifty residential units. Planning Commission review for all other applications. I. Please see specific zoning district regulations or chapters in this title that apply to the subject property or project for approval authority. J. Major Architectural and Site Approval application - architectural and site approval for all projects that are not a Minor Architectural and Site Approval application. K. Minor Architectural and Site Approval application - single family home in a planned development zoning district, minor building architectural modifications, landscaping, signs and lighting for new development, redevelopment or modification in such zones where review is required and minor modifications of duplex and multi-family buildings. L. Appeals of Design Review Committee decisions shall be heard by the City Council. M. Parking Exceptions approved by the Director of Community Development need a comment period. Parking Exceptions approved by the Design Review Committee need a public meeting. N. Parking Exceptions in Single-family residential (R1) zones and Duplex (R2) zones need adjacent noticing. All other Parking Exceptions need notices within three hundred feet of the exterior boundary of the subject property. O. Application must be filed prior to expiration date of permit. Permit is extended until decision of the Approval Body on the extension. 126 SECTION 2. Section 19.12.080, “Application Process”, of Chapter 19.12 of Title 19 of the Cupertino Municipal Code is hereby amended to read as follows: 19.12.080 Application Process The following provisions outline the requirements for the filing of applications for permits, entitlements, amendments, and approvals. Unless otherwise specified in this title, all applications for permits, entitlements, amendments and approvals required b y this title shall be filed in compliance with this section. Applications for permits, permit modifications, amendments and other matters pertaining to this Chapter shall be filed with the Director of Community Development with the following: A. An application for permit may be made by the owner of record, his or her agent, lessee(s) of property, or person(s) who have contracted to purchase or lease property contingent upon their ability to acquire the necessary permit under this title and who have written authorization from the property owner to make an application. B. Application shall be made on a form provided by the City, and shall contain the following, unless waived by the Director of Community Development based on the scope of the proposed project: 1. A complete legal description of the subject property and map showing the location of the property for which the permit is sought; 2. A preliminary title report of the subject property; 3. The proposed site development plan indicating: the location of all buildings and structures; the location and types of land uses; paved areas, such as roadways, driveways and walkways; and general landscaping scheme; 4. Architectural drawings of the proposed development, building additions or other structures. Drawings shall indicate building height, colors, materials, window treatment and other architectural features; 5. Maps showing the locations of buildings; 6. Renderings showing building heights and square footages; 7. Maps showing the precise location of roads, streets, alleys and access points; 8. A traffic analysis, if required; 9. A construction plan; 10. Any property/development with a Homeowner’s Association (HOA) or Architectural Review Board (ARB) shall provide a letter of approval from said HOA Board or ARB; 127 11. The Director of Community Development may reasonably require additional information which is pertinent and essential to the application; 12. Zoning Map or Text Amendments shall also include information required per Chapter 19.152. a. Zoning applications for establishment or removal of Single-Story Overlay District in Single Family (R1) zoning districts (Single-Story Overlay District Applications) shall also include information required per Section 19.28.050(B); b. Zoning applications for Multi-Family (R3) Residential shall also include information required per Section 19.36.040; c. Zoning applications for Residential Single-family Cluster (R1C) initiated by a property owner, or his or her designee, shall also include items identified in Section 19.44.050(H); and d. Zoning applications for Planned Development Zoning Districts shall also include information required per Section 19.80.040. 13. Planned Development Permit and Development Permit applications shall also include information required per Section 19.156.010; 14. Conditional Use Permits and Variances shall also include information required per Section 19.156.020; 15. Density Bonus Permit applications shall also include information required per Section 19.56.060; 16. Conversion of Apartment Projects to Common Interest Developments applications shall also include information required per Section 19.116.050; and 17. Sign Permit Applications should also include information required per Section 19.104.040. C. Application shall be accompanied by the fee prescribed by City Council resolution, no part of which shall be returnable to the applicant. D. The Approval Authority is granted the authority to make the decision to grant, deny, or impose conditions or restrictions on a permit or other action on a permit as well as to conduct and make any decisions necessary for environmental review under the California Environmental Quality Act. SECTION 3. Section 19.12.090, “Action by Director”, of Chapter 19.12 of Title 19 of the Cupertino Municipal Code is hereby amended to read as follows: 19.12.090 Action by Director. Upon receipt of an application for a permit, the Director of Community Development shall: 128 A. Within thirty days determine whether the application is complete or needs additional information and shall inform the applicant. B. Mail ballots to the property owners of record of the properties affected by a Single- Story Overlay District Application. The ballot shall, in addition to information related to the proposal, include the following information: 1. Proposed Single-Story Overlay District Map pursuant to Section 19.28.050(B)(1); 2. Statement indicating that each developable lot of record shall have one (1) vote; and 3. A date, forty-five (45) calendar days from the date of mailing of the ballot, on which a completed ballot must be postmarked or received by the City in order to be accepted. C. Not later than a period stipulated in Section 19.12.100, Decision, below: 1. Set a date for a public hearing or public meeting upon the matter at a regular or special meeting of the approval authority for the project for applications that require a public hearing or public meeting, except that Single-Story Overlay District Applications shall be scheduled for a public hearing, only if the result of the mailed ballot, pursuant to 19.12.090(B) above, indicates support of a minimum sixty-six and two-thirds (66 2/3) percent by the property owners within the proposed or existing Single-Story Overlay District (each developable lot of record shall have one (1) vote); or 2. Send notice in accord with the requirements of 19.12.110(D) for applications that do not need a public hearing or public meeting. SECTION 4. Section 19.12.110, “Noticing”, of Chapter 19.12 of Title 19 of the Cupertino Municipal Code is hereby amended to read as follows: 19.12.110 Noticing. A. Notice of Public Hearing: Noticing shall be provided in the following manner for applications that need a public hearing: 1. Notice of hearing shall be given by publication once in a local newspaper of general circulation not less than ten days prior to the date of the hearing as provided in Section 65090 of the California Government Code; 2. The City shall mail written notice by first class mail to: 129 a. Each owner of record of real property within the noticing radius per Section 19.12.030 of the exterior boundary of the property for which the application is made as the owner of record is shown in the last tax assessment roll pursuant to Section 65091 of the California Government Code; b. Owner(s) of subject site or his or her authorized agent c. Project applicant(s) d. Local agencies expected to provide water, sewage, streets, roads, schools or other essential facilities or services to the proposed project; e. Any individual or entity that has filed a written request with the City Clerk requesting notification of public hearings 3. If the number of owners to whom notice would be mailed or delivered pursuant to subsection A2 above is greater than one thousand, in lieu of mailed or delivered notice, the Director may provide published notice as provided in Government Code Section 65091(3). 4. The notice shall contain the following: a. The exact address of the property, if known, or the location of the property, if the exact address is not known; b. The date on which action on the application will be taken; c. A brief description, the content of which shall be in the sole discretion of the City, of the proposed project; d. Reference to the application on file for particulars; e. A statement that any interested person, or agent thereof, may contact the city for additional information and/or plans. Typographical and/or publishing errors shall not invalidate the notice nor any City action related to the notice. B. Notice of Public Hearing for Zoning Text Amendments: 1. For amendments to zoning regulations: Notice of such hearing (publication) shall be given in the manner prescribed in Section 19.12.110 A(1) of this chapter. 2. For amendments to permitted uses of real property: Notice (mailing or publication) shall be given pursuant to Sections 19.12.110 A(2) or A(3), as the case may be. C. Notice of Public Meeting: For projects requiring notice of a public meeting, notice shall be mailed in accord with 19.12.110A(2) or A(3), as the case may be, at least ten days prior to the date of the meeting date. 130 D. Notice of Comment Period: For projects requiring notice of a comment period, notice shall be mailed in accord with 19.12.110A(2) and A(5), fourteen calendar days prior to the date of action on the application. 1. For permits issued pursuant to Chapter 19.28, Single Family Residential, the mailed notice shall include a copy of the site plan and elevation plans of the proposed project. 2. For permits issued pursuant to Chapter 14.18, Protected Trees, the mailed notice shall include a copy of the site plan and tree replacement/mitigation plan. E. The City may also give notice of public hearings/public meetings in any other manner it deems necessary or desirable. If the Director of Community Development believes the project may have impacts beyond the range of the mailed notice, particularly on nearby residential areas, the Director, in his or her discretion, may expand noticing beyond the stated requirements in Section 19.12.030. Compliance with the procedures set forth in this section shall constitute a good-faith effort to provide notice, and the failure to provide notice, and the failure of any to receive notice, shall not prevent the City from proceeding with a hearing, meeting or from taking any action nor affect the validity of any action. F. Posted Site Notice: 1. Applicants shall install notice(s) on the subject site that is/are clearly visible from the street in accord with the requirements of Table 19.12.030. a. Applicants must install a public notice in the front yard of the subject site, except that for Single-Story Overlay District Applications, the notice(s) shall be installed in the closest yard at the boundary(ies) of the proposed District. b. For all applications other than Two Story Permits, Residential Design Review and Tree Removal applications in R1 or R2 zones, if the subject site has more than one property line abutting a street, the applicant may be required to install more than one notice. c. The notice shall be a weatherproof sign, at least 2 feet tall and 3 feet wide, firmly attached to a 5 foot tall post. 2. The notice shall be placed at least 14 days prior to the decision/public hearing and shall remain in place until an action has been taken on the application and the appeal period has passed. 3. The notice shall contain the following: 131 a. The exact address of the property, if known, or the location of the property, if the address is not known; b. A brief description of the proposed project, the content of which shall be at the sole discretion of the City; c. City contact information for public inquiries; d. A deadline for the submission of public comments; e. If proposing a physical alteration to an existing building or new buildings, at least one of the following visual representations of the proposed project: i. A color perspective drawing or three-dimensional (3-D) photographic simulation of the proposed project, in a size deemed appropriate by the Director of Community Development. ii. For Two Story Permits and Residential Design Review applications, a color or black and white perspective drawing or three-dimensional (3-D) photographic simulation of the proposed project, at least 11 inches by 17 inches in size. iii. Visual Representation is not required for applications that do not have a material change in the physical appearance of the property. SECTION 5. Section 19.20.020, “Permitted, Conditional and Excluded Uses in Agricultural and Residential Zones”, of Chapter 19.20 of Title 19 of the Cupertino Municipal Code is hereby amended to read as follows: Table 19.20.020–Permitted, Conditional and Excluded Uses in Agricultural and Residential Zones Uses Zoning Districts A A-1 R-1 RHS R1C R-2 R-3 5. Two-story structures in an area designated for one-story limitation pursuant to Section 19.28.040 (I) of this chapter, provided that the Planning Commission determines that the structure will not result in privacy impacts, shadowing or intrusive noise, odor, or other adverse impacts to the surrounding area; CUP- PC SECTION 6. Section 19.28.040, “Permits Required for Development”, of Chapter 19.28 of Title 19 of the Cupertino Municipal Code is hereby amended to read as follows: 19.28.040 Permits Required for Development. Table 19.28.040 sets forth the planning permits required for development in the Single- Family Residential district. 132 Planning permit required prior to building permit application Approval authority Type of Project A. None Admin. One-story project that does not require exception or variance from the requirements of this ordinance B. Minor Residential Permit, pursuant to Chapter 19.12, Administration 1. One-story encroachment into a required rear yard setback, subject to requirements of Section 19.28.070 2. One-story extension of an existing side yard nonconforming building wall line, subject to requirements of Section 19.28.100 in all districts except R1-a 3. One-story project with a gable end of a roof enclosing an attic space projecting outside the building envelope , subject to requirements of Section 19.28.070 or 19.28.080 4. New or expanded second story deck or balcony with views into neighboring residential side or rear yards in all districts except R1-a 5. Any active or passive solar structure that requires variation from the setback or height restrictions of this chapter, provided that provided that no such structure shall infringe upon solar easements or adjoining property owners 6. One or two-story addition or new home on a sloped single-family residential lot with development on building pads/graded areas with actual slopes equal to or greater than 20% and with total floor area ratio of all structures on the lot greater than 35% C. Director’s Minor Modification, pursuant to Chapter 19.12, Administration Encroachment of porch elements into the required front yard setback in the R1-a zone, subject to the requirements of Section 19.28.100. D. Two-Story Permit, pursuant to Chapter 19.12, Administration Two-story addition or new two-story home in all districts that do not require Residential Design Review per Section 19.28.040 (E) except in an R1-a zone. 133 Planning permit required prior to building permit application Approval authority Type of Project E. Residential Design Review, pursuant to Chapter 19.12, Administration Admin. with design review Two-story addition or new two-story home in all districts except R1-a where: 1. Second floor to first floor area ratio is greater than 66%, except any second to first floor ratio for development on building pads/graded areas with actual slopes equal to or greater than 20%; and/or 2. Where second story side yard setback(s) are less than 15 feet to any interior side property line DRC with design review Two-story addition, new two-story home, and/or second story deck in the R1-a zone F. Exception, pursuant to Chapter 19.12, Administration & Section 19.28.130, Exceptions DRC One or two-story project requesting an exception from Sections 19.28.070 [Development Regulations (Building)], 19.28.080 [Eichler R1-e Building Design Requirements], and/or 19.28.110 [Landscape Requirements]. G. Hillside Exception, pursuant to Chapter 19.12, Administration PC Development (area greater than 500 square feet) on slopes greater than 30% H. Architectural and Site Approval, pursuant to Chapters 19.12, Administration One or two-story addition or new home on a sloped single-family residential lot with development on building pads/graded areas with actual slopes equal to or greater than 20% and where the cut plus fill of the site exceeds 2,500 cubic yards I. Minor Conditional Use Permit, pursuant to Chapters 19.12, Administration Two-story addition or new two-story home in an R1 zoning district with an “i” suffix J. Single-Story Overlay District Application, pursuant to Chapter 19.12, Administration CC Establishment or removal of a Single-Story Overlay District in a Single Family Residential District (Addition or removal of the “i” suffix in an R1 zoning district) SECTION 7. Section 19.28.050, “Zoning Districts Established”, of Chapter 19.28 of Title 19 of the Cupertino Municipal Code is hereby amended to read as follows: 134 19.28.050 Zoning Districts Established. A. Table 19.28.050 (A) below sets forth the zoning districts established. Zoning Designation Zoning Definition R1-X Single Family Residential District- Minimum lot area corresponds to the number (X), multiplied by 1,000 square feet R1-Xi Residential Single-Family Single-Story Overlay District to limit homes to one Story (not to exceed 18 feet high)- [minimum lot area corresponds to the number (X), multiplied by 1,000 square feet preceding the ‘i’ symbol]. May be combined with all R1 zoning designations. R1-6e Single Family Residential Eichler District (6,000 minimum lot area) R1-a Single Family Residential District with Semi-Rural Characteristics (10,000 square foot minimum lot area) B. Establishment or Removal of an existing Single-Story Overlay District (R1-Xi): In addition to the application requirements identified in Chapter 19.12.080, the applicant shall submit the following: 1. Map delineating proposed boundaries for the Single-Story Overlay District, or removal thereof, corresponding to natural or man-made features (including, but not limited to, streets, waterways, zoning boundaries and similar features,) which would result in the establishment of an identifiable neighborhood, that includes one (1) or more entire city block(s), or one (1) or more entire subdivision tract(s), or street face(s) opposite of one another within a block; 2. Evidence, to the satisfaction of the City, for an establishment of a Single-Story Overlay, that a minimum of seventy-five (75) percent of the homes within the proposed Single-Story Overlay District are single-story; 3. A written statement setting forth the reasons for the application and all facts relied upon by the applicant in support thereof; 4. Original application petition signed, at a minimum, by sixty-six and two-thirds (66-2/3) percent of the property owners of record within the proposed or existing Single-Story Overlay District (each developable lot of record shall have one (1) signature). The petition shall contain information about the proposal including, but not be limited to, the following: a. Map pursuant to Section 19.28.050(B)(1) b. Property Addresses c. Property Owner Name(s) and Original Signature(s) d. Applicant Contact Information 135 SECTION 8: Severability. Should any provision of this Ordinance, or its application to any person or circumstance, be determined by a court of competent jurisdiction to be unlawful, unenforceable or otherwise void, that determination shall have no effect on any other provision of this Ordinance or the application of this Ordinance to any other person or circumstance and, to that end, the provisions hereof are severable. SECTION 9: Effective Date. This Ordinance shall take effect thirty days after adoption as provided by Government Code Section 36937. SECTION 10: Certification. The City Clerk shall certify to the passage and adoption of this Ordinance and shall give notice of its adoption as required by law. Pursuant to Government Code Section 36933, a summary of this Ordinance may be published and posted in lieu of publication and posting of the entire text. SECTION 11: Continuity. To the extent the provisions of this Ordinance are substantially the same as previous provisions of the Cupertino Municipal Code, these provisions shall be construed as continuations of those provisions and not as amendments of the earlier provisions. INTRODUCED at a regular meeting of the Cupertino City Council on this 18th day of April, 2017 and ENACTED at a regular meeting of the Cupertino City Council on this ____ of __________ 2017 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: ___ Grace Schmidt, City Clerk Savita Vaidhyanathan, Mayor City of Cupertino 136 [19.12.010 – 19.12.080 – NO CHANGE] 19.12.090 Action by Director. Upon receipt of an application for a permit, the Director of Community Development shall: A. Within thirty days determine whether the application is complete or needs additional information and shall inform the applicant. B. Mail ballots to the property owners of record of the properties affected by a Single-Story Overlay District Application. The ballot shall, in addition to information related to the proposal, include the following information: 1. District Map pursuant to Section 19.28.050(B)(1); 2. Statement indicating that each developable lot of record shall have one (1) vote; and 3. A date, forty-five (45) calendar days from the date of mailing of the ballot, on which a completed ballot must be postmarked or received by the City in order to be accepted. C. Not later than a period stipulated in Section 19.12.100, Decision, below: 1. Set a date for a public hearing or public meeting upon the matter at a regular or special meeting of the approval authority for the project for applications that require a public hearing or public meeting, except that Single-Story Overlay District Applications shall be scheduled for a public hearing, only if the result of the mailed ballot, pursuant to 19.12.090(B) above, indicates support of a minimum sixty-six and two-thirds (66 2/3) percent by the property owners within the proposed or existing Single-Story Overlay District (each developable lot of record shall have one (1) vote; or 2. Send notice in accord with the requirements of 19.12.110(D) for applications that do not need a public hearing or public meeting. [19.12.100 – 19.28.040 – NO CHANGE] 19.28.050 Zoning Districts Established. A. Table 19.28.050 (A) below sets forth the zoning districts established. Zoning Designation Zoning Definition R1-X Single Family Residential District- Minimum lot area corresponds to the number (X), multiplied by 1,000 square feet R1-Xi Residential Single-Family Single-Story Overlay District to limit homes to one Story (not to exceed 18 feet high)- [minimum lot area corresponds to the number (X), multiplied by 1,000 square feet preceding the ‘i’ symbol]. May be combined with all R1 zoning designations. R1-6e Single Family Residential Eichler District (6,000 minimum lot area) R1-a Single Family Residential District with Semi-Rural Characteristics (10,000 square foot minimum lot area) CO U N C I L A M E N D M E N T 137 B. Establishment or Removal of an existing Single-Story Overlay District (R1-Xi): In addition to the application requirements identified in Chapter 19.12.080, the applicant shall submit the following: 1. Map delineating proposed boundaries for the Single-Story Overlay District, or removal thereof, corresponding to natural or man-made features (including, but not limited to, streets, waterways, zoning boundaries and similar features,) which would result in the establishment of an identifiable neighborhood, that includes one (1) or more entire city block(s), or one (1) or more entire subdivision tract(s), or street face(s) opposite of one another within a block; 2. Evidence, to the satisfaction of the City, for an establishment of a Single-Story Overlay, that a minimum of seventy-five (75) percent of the homes within the proposed Single- Story Overlay District are single-story; 3. A written statement setting forth the reasons for the application and all facts relied upon by the applicant in support thereof; 4. Original application petition signed, at a minimum, by sixty-six and two-thirds (66-2/3) percent of the property owners of record within the proposed or existing Single-Story District (each developable lot of record shall have one (1) signature. The petition shall contain information about the proposal including, but not be limited to, the following: a. Map pursuant to Section 19.28.050(B)(1) b. Property Addresses c. Property Owner Name(s) and Original Signature(s) d. Applicant Contact Information [Section 19.28.060 – 19.28.140 – No Change] CO N S I S T E N C Y 138 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:117-2246 Name: Status:Type:Second Reading of Ordinances Agenda Ready File created:In control:1/4/2017 City Council On agenda:Final action:5/2/2017 Title:Subject: Second reading of an ordinance amending Section 11.27.145 of the Cupertino Municipal Code relating to designation of preferential parking zone on Randy Lane, Larry Way and a portion of Merritt Drive Sponsors: Indexes: Code sections: Attachments:Staff Report A - Permit Parking Map B - Draft Ordinance Action ByDate Action ResultVer. City Council5/2/20171 Subject:SecondreadingofanordinanceamendingSection11.27.145oftheCupertino MunicipalCoderelatingtodesignationofpreferentialparkingzoneonRandyLane,LarryWay and a portion of Merritt Drive ConductthesecondreadingofOrdinance17-2163:AnordinanceoftheCityCouncilofthe CityofCupertinoamendingSection11.27.145oftheCupertinoMunicipalCoderelatingto designationofpreferentialparkingzonesonRandyLane,LarryWayandaportionofMerritt Drive, Monday through Friday between 8 a.m. and 4 p.m. CITY OF CUPERTINO Printed on 4/26/2017Page 1 of 1 powered by Legistar™139 PUBLIC WORKS DEPARTMENT CITY HALL 10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3354 www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: May 2, 2017 Subject Second Reading of an ordinance amending Section 11.27.145 of the Cupertino Municipal Code relating to designation of preferential parking zone on Randy Lane, Larry Way and a portion of Merritt Drive Recommended Action Conduct the second reading of Ordinance No. 17-2163: 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 Randy Lane, Larry Way and a portion of Merritt Drive, Monday through Friday between 8 a.m. and 4 p.m. Discussion On April 18, 2017, City Council conducted the first reading of the Municipal Code amendment to establish a preferential parking zone on Randy Lane, Larry Way and a portion of Merritt Drive on Monday through Friday between 8 a.m. and 4 p.m. No changes have been made to the Ordinance since it was last presented to the Council. Sustainability Impact None Fiscal Impact A fee of $1,128 has been paid by the neighborhood for administrative costs related to the extension of a preferential parking zone to the neighborhood. Ongoing costs of permit issuance and enforcement are included in the Department operating budgets. _____________________________________ Prepared by: David Stillman, Senior Civil Engineer Reviewed by: Timm Borden, Director of Public Works Approved for Submission by: David Brandt, City Manager Attachments: A – Permit Parking Map B – Draft Ordinance 140 PA R I S H P L LAZANEO VI R G I N I A DR N B L A N E Y A V E V I L L A D E A N Z A AV E NORTHWOOD DR VIA PALAMO S NO R T H H U R S T D R SW A N MERRITT DR CEDAR TREE LN OR A N G E T R E E CT TON I C T LUCILLE AVE SQ U A R E NO R T H FO R D E N B L A N E Y A V E MARIANI AVE IN F I N I T E L O O P JUNIPERO SERRA FWY PA R I S H P L SQUARE SQ U A R E SQ U A R E SQ U A R E VIA SAN MA R I N O NORTHCOVE NO R T H O A K NO R T H R I D G E NO R T H V I E W NO R T H F I E L D PL PL PL IN F I N I T E L O O P RA N D Y WA Y LN APPLE TREE LN PEACH TREE LN CH E R R Y T R E E L N PR U N E T R E E L N VI S T A D R N B L A N E Y A V E PEAR TREE LN PE A R T R E E C T PL U M T R E E L N BA Y W O O D D R CT TWILIGHT CT AVEFOREST PA R L E T T MI N E R WI L L C T DR LN CHAVOYA DRCAMARDA LA R R Y CT APRICOT CT (PVT) INTERSTATE 280INTERSTATE 280 BL A N E Y A V E 10600 10 6 0 1 10614 10618 10626 10622 10 7 3 0 20 1 6 6 2021920214 10282 19 9 8 6 19 9 9 0 19 9 8 0 19 9 6 0 10649 10639 10659 10669 3 2 4 1 5 6 10803 10813 10 8 0 6 10805 10815 10833 10 8 4 4 10 8 3 4 10 8 2 4 10831 20363 10 8 4 2 10 8 5 2 10791 10801 1081110 8 3 2 10 8 2 2 10847 10800 10810 10820 10830 20353 20343 20333 20323 20313 20303 20172 20182 20192 20222 20212 10 8 1 2 10 8 0 2 10 8 1 4 10 8 0 4 10 8 3 6 10 8 2 6 10 8 1 6 2020220282 20302 20292 20 2 3 2 20 2 5 2 20 2 4 2 20 2 6 2 20 2 7 2 10 8 4 6 10243 19 9 8 8 10301 10401 10265 10240 10217 10247 10249 10835 10825 10700 20 2 0 0 20 1 8 1 10304 10324 10334 10344 10364 10384 10404 10424 10262 10532 20 0 2 5 19 9 7 6 19 9 6 6 19 9 5 6 19 9 9 6 19 9 8 6 19 9 5 7 10618 10571 20 1 1 5 1021010220 1023010240 10500 20400 10690 20 4 0 0 20 4 4 6 20 4 3 6 20 4 2 2 20 4 1 0 20 3 9 8 20 3 8 6 20 3 7 6 20 3 6 2 20 3 5 0 20 3 3 8 10852 10846 10840 10838 10828 10822 20 3 2 5 20 3 3 7 20 3 4 9 20 3 6 1 20 3 7 3 20 3 8 5 20 3 9 7 20 4 0 9 20 4 2 1 20 4 3 3 1083120 2 5 3 20 2 6 3 20 2 7 3 20 2 8 3 20 2 3 3 20 2 4 3 20 1 9 3 20 2 0 3 20 2 1 3 20 2 2 3 10801 10803 10811 10813 10821 20 1 5 1 20 0 9 1 20 1 0 1 20 1 2 1 20 1 3 1 20 1 4 1 10886 10876 10866 10856 10837 10827 10 8 0 7 10817 10823 10904 10914 10854 10864 10874 10884 10894 20 0 8 1 20 0 7 1 20 0 6 1 20 0 5 1 20 0 4 1 20 0 3 1 10821 10882 10862 10872 10689 10 6 5 2 10654 10656 10 6 4 6 10 6 3 0 10 6 3 4 10 6 3 8 10 6 4 2 10710 10740 10726 10712 10698 10684 10670 10656 10642 10628 10614 10600 10586 10572 10556 10540 10524 1051010511 10525 10541 10557 10573 10587 10601 10615 10629 10643 10651 10657 10671 10685 10699 10713 10727 1074110740 10726 10712 10698 10684 10670 10656 10642 10628 10600 10586 10570 10556 10540 10524 1051010511 10525 10541 10557 10587 10601 10615 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10401 10415 10431 10439 1044710446 10438 20 1 6 5 20 1 5 1 20 1 3 5 20 1 2 1 20 1 0 5 20 0 9 1 20 0 7 5 20 0 6 1 10341 10355 10371 10385 10401 10415 10431 10439 10462 10454 10446 10438 10430 10416 10400 10386 10370 10356 10340 10326 10310 10296 10280 10266 10265 10281 10295 10311 10325 10341 10355 10371 10385 10401 10415 10431 10439 10447 10455 10463 10256 20120 20400 10728 Proposed Permit Parking Area - Randy Way, Larry Way & Merritt Dr 141 DRAFT ORDINANCE NO. 17-2163 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 The City Council of the City of Cupertino does hereby ordain that Section 11.27.145 be amended as follows: Street Limits Hours Randy Lane Merritt Drive to Lucille Avenue Monday through Friday, 8 a.m. – 4 p.m. Larry Avenue Merritt Drive to Lucille Avenue Monday through Friday, 8 a.m. – 4 p.m. Merritt Drive Vista Drive to Orange Tree Lane Monday through Friday, 8 a.m. – 4 p.m. INTRODUCED at a regular meeting of the City Council of the City of Cupertino this 18th day of April, 2017 and ENACTED at a regular meeting of the City of Cupertino this 2nd day of May, 2017 by the following vote: Vote Council Members AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: /s/Grace Schmidt /s/Savita Vaidhyanathan ___________________ ____________________ City Clerk Mayor, City of Cupertino 142 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:117-2335 Name: Status:Type:Public Hearings Agenda Ready File created:In control:2/6/2017 City Council On agenda:Final action:5/2/2017 Title:Subject: Update on regional drought response, adoption of 2017-18 Regulations Restricting Water Use and authorization of an amendment of the FY16/17 Memorandum of Understanding (MOU) with the Santa Clara Valley Water District (District) for the landscape conversion rebate program Sponsors: Indexes: Code sections: Attachments:Staff Report A - Executive Order B-40-17 B - Notice of Intent to Adopt the 2017-18 Regulations Restricting Water Use C - Draft Resolution with 2017-18 Regulations Restricting Water Use and State Water Resource Board D - Water Conservation Restriction Measures for City Facilities E - District Landscape Conversion Rebate Program F - District Graywater Laundry Rebate Program G - Draft Resolution with Amendment to FY 16/17 MOU with the District Action ByDate Action ResultVer. City Council5/2/20171 Subject:Updateonregionaldroughtresponse,adoptionof2017-18RegulationsRestricting WaterUseandauthorizationofanamendmentoftheFY16/17MemorandumofUnderstanding (MOU)withtheSantaClaraValleyWaterDistrict(District)forthelandscapeconversion rebate program Staff recommends that the City Council take the following actions: 1) Receive staff report on continued regional drought actions; and 2) Adopt Resolution No. 17-043 with 2017-2018 Regulations Restricting Water Use; and 3)AdoptResolutionNo.17-044authorizingtheCityManagertoamendtheFY16/17 MemorandumofUnderstanding(MOU)withtheDistrictforthelandscapeconversion rebateprogramtoincludethegraywaterlaundrytolandscapeprogramandextendthe MOU from December 30, 2017 to June 30, 2018. CITY OF CUPERTINO Printed on 4/26/2017Page 1 of 1 powered by Legistar™143 1 PUBLIC WORKS DEPARTMENT CITY HALL 10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3354 www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: May 2, 2017 Subject Update on regional drought response, adoption of 2017-18 Regulations Restricting Water Use and authorization of an amendment of the FY16/17 Memorandum of Understanding (MOU) with the Santa Clara Valley Water District (District) for the landscape conversion rebate program. Recommended Action Staff recommends that the City Council take the following actions: 1) Receive staff report on continued regional drought actions; and 2) Adopt Resolution No. 17-___ with 2017-2018 Regulations Restricting Water Use; and 3) Adopt Resolution No.17-___ authorizing the City Manager to amend the FY16/17 Memorandum of Understanding (MOU) with the District for the landscape conversion rebate program to include the graywater laundry to landscape program and extend the MOU from December 30, 2017 to June 30, 2018. Description The State of Emergency for the drought ended in most of California when Governor Edmund G. Brown Jr signed Executive Order B-40-17 (Attachment A) on April 7th. This Executive Order rescinded two emergency proclamations from January and April 2014 and four drought-related Executive Orders issued in 2014 and 2015. Executive Order B-40-17 continues previous drought actions by making water conservation a way of life in California. This includes the continued permanent prohibition of several wasteful water practices and setting of water efficiency targets by urban water suppliers. The Santa Clara Valley Water District (Water District) is the water supplier in Cupertino. The Water District has continued the call for a 20% water use reduction goal as 144 2 compared to 2013 usage.1 Additionally, the State has adopted text of emergency regulation for water conservation that re-adopted and extended prior water conservation regulations.2 These State regulations are in effect until November 25, 2017 unless rescinded or modified by May 1, 2017 following a more thorough review of the State’s water supply conditions. At the writing of this report, San Jose Water Company (SJWC) and California Water Service Company (CWSC) have not requested drought allocations and/or surcharges of the California Public Utilities Commission. With the continuation of the 20% Water District goal and re-adoption of the State regulations, the proposed 2017-2018 Regulations Restricting Water Use include the State requirements not already prohibited by Cupertino Municipal Code3 and are similar to the previously authorized 2016-2017 Regulations Restricting Water Use that expired on March 1, 2017. Proposed 2017-2018 Regulations Restricting Water Use  Hosing off sidewalks, driveways and other hardscapes.4  Using outdoor irrigation during and 48 hours after measureable rainfall.4  The irrigation with potable water of ornamental turf on public street medians.4  Using potable water in decorative water features that do not re-circulate the water.4  Limit outdoor irrigation of ornamental landscapes or turf with potable water to no more than three days per week. Irrigation will be allowed on Monday, Thursday & Saturday for odd number addresses and numberless addresses; and Tuesday, Friday & Sunday for even number addresses.  Other restrictions on use of potable water as prescribed from time to time by the Water Board or other governing body or agency.  None of the restrictions apply to the use of recycled or grey water. These restrictions also shall not apply to commercial nurseries, golf courses, or other water-dependent businesses, unless specifically included by the Water Board or other governing body or agency. 1 Established by the Water District Board on January 24, 2017 2 Adopted February 27, 2017 3 Chapter 15.32 Water Conservation 4 Executive Order B-40-17 Requirements 145 3 The Notice of Intent to Adopt the 2017/18 Regulations Restricting Water Use was published in the Cupertino Courier on April 21st (Attachment B). Staff now recommends that the City Council adopt the regulations in the form contained within Attachment C. These regulations will compliment those already prohibited by municipal code which state:  No person shall waste water, including, but not limited to flooding or creating runoff on sidewalks or gutters, adjacent property, non-irrigated areas, private and public walkways, roadways, parking lots, or structures.  No person shall use a hose that dispenses potable water to wash vehicles, including cars, trucks, buses, boats, aircraft, and trailers, whether motorized or not, unless the hose is fitted with a shut-off nozzle or device attached to it that causes it to cease dispensing water immediately when not in use.  No person shall waste water by failing to repair defective plumbing, sprinkler, watering or irrigation systems.  No person shall use water for single pass cooling process for new building construction. Water Use at City Facilities Water conservation restriction measures are included in Attachment D. For the 20% reduction goal set, City facilities are at a “Stage 3” drought. On average, all outside irrigation will be reduced by 20%, there will be no filling of ponds at Memorial Park and the operational hours of the interactive fountain at Community Hall will be from Noon – 6PM. Amendment of the FY16/17 MOU with the District At its July 5, 2016 meeting, the City Council authorized an MOU and $115,000 in funding for Cupertino residents and businesses who participate in the District’s Lawn Conversion Rebate Program. This program is designed to assist homeowners and commercial, industrial and institutional property owners to increase efficiency in outdoor water use by offering $1.00 per square foot for converting water intensive landscaping to qualifying low-water landscaping. City funding has allowed an additional $1 per square foot to be added to the District’s incentive for the first 1,000 square feet for residential sites and for the first 10,000 square feet for non-residential sites. Invoicing of the City by the District has a several month lag time. As of January 1st, 2017, approximately $97,000 of the original $115,000 allocated for this program remains available. This represents 22 sites for FY16/17 as of January and 155 total sites since the City began participation in the Landscape Conversion Rebate Program in 2015. Extending the MOU to June 30, 2018 will allow Cupertino residents more time to participate in this program. Program details are in Attachment E. 146 4 Due to the inquiry of several residents asking the City to also participate in the District’s Graywater Laundry to Landscape Program, staff is recommending that the FY16/17 MOU be amended to include up to $5,000 in City funding. This program is designed to assist single-family residents who properly connect a clothes washer to a graywater irrigation system by offering $200 per home based on the completion of the program requirements. Program details are in Attachment F. The draft resolution with amendment to the FY 16/17 MOU are in Attachment G. Sustainability Impact Actions taken to conserve water across the City’s municipal portfolio directly implement Cupertino’s Climate Action Plan Measure M-F-7: Conserve Water through Efficient Landscaping and enable the City to advance its emissions reduction goals arising from onsite water use. Further, these visible actions showcase the City’s commitment to protecting this finite resource with the goal of spurring similar water conservation action across the community. Fiscal Impact Potable water use reduction mandates by the State and District have decreased utility expenses to the City. Costs are likely to be significant to later restore areas to a pre- drought state (e.g. filling ponds, increasing landscaping and associated irrigation). These costs and areas will be revisited when future water use reductions are revised. Resolution No. 17-____ will provide for up to $5,000 of additional funding for qualified Cupertino property owners who timely submit application to the District administered Graywater Laundry to Landscape Rebate Program. The FY17/18 Operating Budget 100- 80-800 900.990 (Public Works Administration) was approved June 21, 2016 by the City Council with the amount of $115,000 for this Lawn Conversion Rebate Program. An additional allocation of $5,000 is required to fund the Graywater Laundry to Landscape Rebate Program. _____________________________________ Prepared by: Roger Lee - Assistant Director of Public Works, Misty Mersich - Sustainability Manager, and Katy Nomura - Management Analyst Reviewed by: Timm Borden, Director of Public Works Approved for Submission by: David Brandt, City Manager Attachments: A - Executive Order B-40-17 B - Notice of Intent to Adopt the 2017-18 Regulations Restricting Water Use 147 5 C - Draft Resolution 17-___ with 2017-18 Regulations Restricting Water Use and State Water Resource Board February 27, 2017 Re-adoption of Regulations D - Water Conservation Restriction Measures for City Facilities E - District Landscape Conversion Rebate Program F - District Graywater Laundry Rebate Program G - Draft Resolution 17-___with Amendment to FY 16/17 MOU with the District 148 149 150 151 152 NOTICE OF INTENT TO ADOPT REGULATIONS ON WATER USE NOTICE IS HEREBY GIVEN that on May 2, 2017 at 6:45p.m., the City Council of the City of Cupertino will consider adoption of its 2017 Regulations for Water Use. The 2016 Regulations for Water Use expired March 1, 2017 and were originally adopted to meet the 2016 Santa Clara Valley Water District (SCVWD) reduction goal of 20% as compared to 2013 water use. For 2017, the SCVWD has continued its 20% reduction goal. If adopted, the 2017 Regulations for Water Use would continue to encourage the ongoing conservation of water and will apply to all of Cupertino. The proposed Regulations are available on the City's website at www.cupertino.org/2017WaterRegulations. Any questions please contact the City of Cupertino Public Works Department at Phone: (408) 777-3354, Fax: (408) 777- 3333. Council meets at 6:45 p.m., Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, California. Interested parties are invited to attend and be heard. If you wish to challenge the action of the City Council in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City of Cupertino at, or prior to, the public hearing. CITY OF CUPERTINO /GRACE SCHMIDT/ CITY CLERK PUBLISH CC 4/21/17 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 ATTACHMENT D WATER CONSERVATION RESTRICTION MEASURES FOR CITY OPERATIONS PUBLIC WORKS DEPARTMENT TIMM BORDEN, DIRECTOR OF PUBLIC WORKS 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 RESTRICTION MEASURE PURPOSE Collective impacts of drought, climate change, increased population demands, and potential natural disasters require the conservation and efficient use of water. The purpose of these measures are to conserve and efficiently use water at all City owned facilities while maintaining safe conditions for employees and the public. Improvement of City owned facilities to reduce water use, other than those typical for normal operation or maintenance, are not covered in these measures. RESTRICTION MEASURES At all times the use of water at City facilities is to be as efficient as practically possible. During periods of drought, water conservation procedures will be followed at all City facilities. Wasting of water is to be avoided at all times of the year. Annually, every City facility* is to have water use quantified in volume and dollars as follows: Amount of water use for buildings Amount of water use for landscape shrubs and/or trees Amount of water use for turf utilized by recreation programmed by the City or Cupertino Unified School District Amount of water use for turf utilized by permitted City events Amount of water use for remaining turf Amount of water used in ponds and/or fountains *Metering of water at City facilities may or may not be separate for each identified water use. When one meter services several uses, amounts of individual water use is to be interpolated. Annually, water used for City operation shall be analyzed cumulatively and separately for each facility. Comparisons will be made to prior years. Facilities included are: 1. Blackberry Golf Course 2. Canyon Oaks Park 3. Collins Elementary School / Portal Park 4. Creekside Park 5. Eaton Elementary School 6. Faria Elementary School 7. Franco Park 8. Garden Gate Elementary School 9. Hoover Park 10. Hyde Middle School 11. Jollyman Park Cupertino Water Conservation Restriction Measures 2015 5/2015 174 12. Kennedy Middle School 13. Library Field / Civic Center 14. Lincoln Elementary School 15. Linda Vista Park 16. McClellan Ranch Community Gardens 17. Memorial Park / Quinlan Community Center 18. Monta Vista Recreation Center 19. Oak Valley Park 20. Regnart Elementary School 21. Sommerset Square Park 22. Stevens Creek Elementary School / Varian Park 23. Sterling Barnhart Park 24. Three Oaks Park 25. Wilson Park Attachment A to these measures shall identify each of the above facilities with an aerial site plan prepared and annually updated as site conditions change. Each site plan shall indicate: Area of all existing turf Area of existing turf intermittingly used by City permitted events Area of existing turf programmed by for City or school recreation events When conservation measures are implemented and it is likely that the public is impacted by the measures, educational signage shall be erected at every facility. PROCEDURES Drought conservation measures may be required individually or collectively by the State, Santa Clara Valley Water District (SCVWD), San Jose Water Company (SJWC) or California Water Service Company (CWSC). Water conservation measures recommended or mandated by SCVWD shall be followed for all City operations. If State requirements, specific to the Cupertino area, are more onerous than SCVWD measures, then State requirements shall be followed for all City operations. Water conservation rules, as implemented by either SJWC or CWSC and in support of either State and/or SCVWD requirements, shall be followed. Due to the limited area of the City serviced by CWSC, the rules implemented by SJWC shall be applied City-wide unless otherwise prohibited. The description and action to be taken for various stages of drought are as follows: Stage # Condition Action 1 No drought conservation measures required. None 2 Reduction < 10% * Reduce water programming of all outside irrigation by a minimum of the conservation amount. 3 10% < Reduction < 20% Reduce water programming of all outside irrigation by a minimum of the conservation amount. Cupertino Water Conservation Restriction Measures 2015 5/2015 175 No filling of ponds at Memorial Park. Reduce operational hours of interactive fountain at Community Hall from 10AM – 8PM to Noon – 6PM. Water used to clean asphalt areas / sidewalks / plaza areas to be minimized and follow stormwater requirements. 4 20% < Reduction < 40% Reduce water programming of all outside irrigation for trees / shrubs by a minimum of the conservation amount. Large and/or desirable species to have priority over less desirable species No watering of turf used passively. Limited watering (consistent with 2 days / week watering or similar) of turf areas used intermittingly by City permitted events. A minimum of 20% reduced watering of turf areas programmed by City or school recreation events. Each facility will be managed in accordance with the areas defined in Attachment A. No filling of ponds at Memorial Park. No operation of the interactive fountain at Community Hall. No water used to clean Cupertino Water Conservation Restriction Measures 2015 5/2015 176 asphalt areas / sidewalks / plaza areas. Water used for street sweeping to be minimized while complying with Santa Clara Valley Air Board requirements. 5 Reduction > 40% Reduce water programming of all outside irrigation for trees / shrubs by a minimum of the conservation amount. Large and/or desirable species to have priority over less desirable species No watering of turf unless required to maintain safe conditions. No filling of ponds at Memorial Park. No operational of the interactive fountain at Community Hall. No water used to clean asphalt areas / streets / sidewalks / plaza areas. Water used for street sweeping to be minimized while complying with Santa Clara Valley Air Board requirements. *All reduction percentages are relative to water consumption in 2013. Blackberry Farm Golf Course (BBGGC) and McClellan Ranch Community Gardens (MRCG) watering is not subject to the Stage 1-4 reductions. BBFGC and MRCG shall follow at a minimum the conservation requirements of SJWC. Unless prohibited by water authorities, watering of all trees and desirable shrubs may occur during all stages of drought as necessary. Cupertino Water Conservation Restriction Measures 2015 5/2015 177 RESPONSIBILITY All employees of the Public Works Department are responsible for the implementation of these measures. APPROVED Timm Borden Director of Public Works ATTACHMENTS Attachment A Cupertino Water Conservation Restriction Measures 2015 5/2015 178 ATTACHMENT A Water Conservation Restriction Measures for City Operations 1. Blackberry Golf Course 2. Canyon Oaks Park 3. Collins Elementary / Portal Park 4. Creekside Park 5. Eaton Elementary 6. Faria Elementary 7. Franco Park 8. Garden Gate Elementary 9. Hoover Park 10. Hyde Middle School 11. Jollyman Park 12. Kennedy Middle School 13. Library Field / Civic Center 14. Lincoln Elementary 15. Linda Vista Park 16. McClellan Ranch Community Gardens 17. Memorial Park / Quinlan Community Center 18. Monta Vista Rec Center 19. Oak Valley Park 20. Regnart Elementary School 21. Sommerset Square Park 22. Stevens Creek Elementary / Varian Park 23. Sterling Barnhart Park 24. Three Oaks Park 25. Wilson Park 179 ALCAZAR AVE AP L AR ORCHARD CT STEVENS CREEK BLVD BYRNE CT GRANADA AVE HERMOSA AVE LOMITA AVE ALMADEN AVE SAN FERNANDO AVE Existing Irrigation Area 556,453 SF Twenty irrigation heads to be turned off resulting in reduction of 141,300 SF Blackberry Golf Course CR ES CE N T RD SCENIC BLVD PH DR BY RN E AVE EATO N PL 180 CANYON OAKS PARK Existing Irrigation Area 9,680 SF Proposed Brown Turf Area 6,598 SF Limited Irrigation Area 3,278 SF 181 COLLINS ELEMENTARY / PORTAL PARK TWILIGHT CT Existing Irrigation Area 212,521 SF Proposed Brown Turf Area 5,498 SF Limited Irrigation 37,095 SF RIEDEL PL PO RTAL AVE 182 D CT CREEKSIDE PARK Existing Irrigation Area 316,668 SF Proposed Brown Turf Area 8,326 SF 183 JOHN DR EATON ELEMENTARY SUISUN DR Existing Irrigation Area 136,635 SF Proposed Brown Turf Area 3,455 SF FARAL LONE DR PINOLE CT 184 Y A W FARIA ELEMENTARY PEPPER TREE LN Existing Irrigation Area 133,740SF STEL LING RD BIANCH I BA RB A R A LN 185 FRANCO PARK Existing Irrigation Area 3,597 SF Proposed Brown Turf Area 1,103 SF Limited Irrigation Area 2,494 SF XX X FRANC O CT 186 T GARD ENA C GARDEN GATE ELEMENTARY TAMARIND CT LAVINA CT GREENLEAF DR Existing Irrigation Area 107,246 SF HALE PL 187 MAUREEN WAY NEWCASTLE DR WATERFORD DR ASTER CT HOOVER PARK LEEDS AVE DONEGAL DR Existing Irrigation Area 194,928 SF Proposed Brown Turf Area 57,503 SF GALW A Y DR PRIMROSE WAY 188 HYDE MIDDLE SCHOOL Existing Irrigation Area 216,886 SF 189 L L I H Y N O L O C DE FOE DR JOLLYMAN PARK JOLLYMAN LN DUMAS DR HEATHERWOOD DR Existing Irrigation Area 357,973 SF Proposed Brown Turf Area 126,911 SF STELLING RD ORLINE CT TUSCANY PL S LN JOLLYMAN DR 190 C C E VEN EN C WAY DR PRESIDIO HYANNISPORT DR ROSARIO AVE KENNEDY MIDDLE SCHOOL Existing Irrigation Area 385,829 SF Proposed Brown Turf Area 49,915 SF EDWARD FORT BA KER DR OLD TOWN CT RONALD WAY NEW HA T PROVID T LIBERTY CT BUBB RD 191 Y P K PACIFICA DR PACIFICA DR LIBRARY / CIVIC CENTER RODRIGUES AVE LAS ONDAS WAY TOWN CENTER LN PARK GREEN LN SOMERSET DR Existing Irrigation Area 184,421 SF Proposed Brown Turf Area 78,482 SF Limited Irrigation 9,014 SF TOR R E AVE WHIT NEY WAY FARAL LON E DR 192 VE A AL I IMPER LINCOLN ELEMENTARY SCHOOL MCCLELLAN RD PRESIDIO DR Existing Irrigation Area 98,067 SF 193 LINDA VISTA PARK BAXLEY CT Existing Irrigation Area 100,648 SF Proposed Brown Turf Area 33,609 SF EVULICH CT LIND A VISTA DR 194 RAE LN EN C I I EN C SC McClellan Ranch Community Gardens Existing Irrigation Area 59,085 SF MIRA VISTA AVE CIR 195 T C AY W CHRISTENSEN DR MEMORIAL PARK / QUINLAN XXX ALVES DR STEVENS CREEK BLVD Existing Irrigation Area 393,004 SF Proposed Brown Turf Area 134,993 SF Limited Irrigation 96,272 SF PATRIOT WAY ANTO N WAY 196 MONTA VISTA REC CENTER WOODRIDGE CT VOSS AVE MARIANIST WAY Existing Irrigation Area 138,769 SF Proposed Brown Turf Area 19,117 SF Limited Irrigation Area 41,143 SF MCKL INTOCK LN MERRIMAN RD FOO TH I LL BLVD 197 OAK VALLEY PARK Existing Irrigation Area 3919 SF Proposed Brown Turf Area 1,701 SF Limited Irrigation Area 2,218 SF 198 REGNART ELEMENTARY SCHOOL Existing Irrigation Area 137,577 SF Proposed Brown Turf Area 12,679 SF YORKSHIRE DR 199 SOMMERSET SQUARE PARK Existing Irrigation Area 27,298 SF Proposed Brown Turf Area 4865 SF Limited Irrigation Area 22,443 SF 200 STEVENS CREEK ELEMENTARY / VARIAN PARK Existing Irrigation Area 162,852 SF Proposed Brown Turf Area 28,420 SF Limited Irrigation Area 65,445 SF AMELIA CT 201 STERLING BARNHART PARK Existing Irrigation Area 2286 SF Limited Irrigation Area 2286 SF 202 THREE OAKS PARK MOLTZEN DR SHADOWHILL LN RAINBOW DR Existing Irrigation Area 138,210 SF Proposed Brown Turf Area 54,707 SF Limited Irrigation Area 83,503 SF CAND LEL IGHT WAY RU PP ELL PL 203 AL M HALL CT PRICE AVE WILSON PARK RODRIGUES AVE WINTERGREEN DR Existing Irrigation Area 303,096 SF Proposed Brown Turf Area 68,715 SF GLENVIEW AVE PA R K SIDE LN LAN S D A L E AVE LIND SAY AVE 204 Landscape Conversion Rebates Important Program Update On July 1, 2016, the Santa Clara Valley Water District reinstated the Landscape Rebate Program and is now accepting new applications. Sites wishing to participate in the rebate program must complete a pre-inspection and submit an application for approval before beginning any work on their project.  Single family and multi-family sites should call (408) 630-2554, unless they are a customer of San Jose Water Company.  San Jose Water Company customers should call (408) 630-2554 to schedule a pre-inspection.  All non-residential sites should call (408) 630-2554 to schedule a pre-inspection.  If you have already completed a pre-inspection and have not received an application for the current Landscape Rebate Program, please call (408) 630-2554 to request an application packet. 1) Sites that have been denied participation in the Landscape Rebate Program for not meeting the initial program eligibility requirements will not be allowed to re-apply for the rebate within three (3) years of the initial pre-inspection or denial date, whichever is the latter. 2) All applications issued a Notice to Proceed on or after July 1, 2016 will be held to a total rebate cap (for both the Landscape Conversion Rebate and the Irrigation Equipment Upgrade Rebate combined) of $2,000 for Single- Family and Multi-family (4 or fewer units) and a $20,000 for all Commercial sites and Multi-Family (5 or more units). Landscape Conversion Rebates within cost sharing agencies are eligible for additional funds up to $1,000 for Single-Family and Multi-Family (4 or fewer units) and $10,000 for all Commercial sites and Multi-Family (5 or more units), for a total cap of $3,000 and $30,000 respectively. Santa Clara County single family homes, multi-family and business properties with qualifying irrigated landscape (i.e. irrigated turf or functional swimming pool) can receive rebates for replacing high water using landscape, such as irrigated turf grass, with a minimum of 50 percent plant coverage consisting of low water using plants from the water district's Approved Plant List. APPROVED PLANT LIST: PLANT LIST – PDF VERSION PLANT LIST – EXCEL VERSION Rebate Amounts for all applications that receive a Notice to Proceed on or after January 1, 2017: 205 Property Type Rebate Amount (as of January 1, 2017) Single-Family and Multi-Family (4 or fewer units) $1.00 per sq ft Multi-Family (5 or more units) and Business/Institutional properties $1.00 per sq ft The rebate amounts for Landscape Conversion Program Rebates are increased in cost-sharing water retail areas. Funding is limited. Please contact the district for more information: (408) 630-2554. Single-Family and Multi-Family (4 or fewer units) located within the service area of the following water retail partners: San Jose Municipal Water System*, City of Morgan Hill*, City of Palo Alto, and City of Cupertino**. * Well customers are not eligible for the additional cost sharing rebate amount. ** Sites in unincorporated areas in Cupertino are not eligible for the additional cost sharing amount. $2.00 per sq ft for the first 1,000 sq ft $1.00 per sq ft thereafter, up to the per-project cap Multi-Family (5 or more units) and Business/Institutional properties located within the service area of the following water retail partners: San Jose Municipal Water System*, City of Morgan Hill*, City of Palo Alto, and City of Cupertino**. * Well customers are not eligible for cost sharing rebate amount. ** Sites in unincorporated areas in Cupertino are not eligible for the additional cost sharing amount. $2.00 per sq ft for the first 10,000 sq ft $1.00 per sq ft thereafter, up to the per-project cap For information about current increased rebate amounts in cost sharing areas, please call the Water Conservation Hotline at (408) 630-2554. Funds are first come, first served, while funding is available. Projects must be completed within 90 days of Notice to Proceed date. The rebate caps are calculated using the combined total from both the Landscape Conversion Rebate and the Irrigation Equipment Upgrade Rebate. Rebate amounts subject to change. For current cost-sharing area information, please call the Water Conservation Hotline at (408) 630-2554.  How to Apply  Program Requirements 206 QUESTIONS? Call the Water Conservation Hotline at (408) 630-2554 or email us at Conservation@valleywater.org. 207 Graywater Laundry to Landscape Rebate Program The Santa Clara Valley Water District provides a Graywater* Laundry to Landscape rebate of $200 per single-family residential site for properly connecting a clothes washer to a graywater irrigation system based on the completion of the program requirements. The district has another potential program to promote graywater systems for commercial, industrial, and institutional properties: the district's Custom and Measured Rebate Program. For more information, please call (408) 630-2554, email conservation@valleywater.org, or review the links below. Please be sure to review program requirements and apply before proceeding on any project as rebates are not provided retroactively.  How to Apply  Program Requirements  System Requirements  Graywater Resources For additional assistance, click here to see if a graywater workshop is scheduled near you soon! *FUN FACT: "Graywater" can also be referred to as "greywater", "grey water", and "gray water". Government agencies tend to spell graywater with an "a" while nonprofit organizations tend to spell greywater with an "e". Thank you for your interest in graywater! QUESTIONS? Call the Water Conservation Hotline at (408) 630-2554 or email us at Conservation@valleywater.org. http://www.valleywater.org/GraywaterRebate.aspx 208 1 RESOLUTION NO. 17- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AND ADMINISTER AN AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING WITH THE SANTA CLARA VALLEY WATER DISTRICT FOR A LANDSCAPE CONVERSION REBATE PROGRAM AND APPROPRIATE AN ADDITIONAL $5,000 FOR GRAYWATER LAUNDRY TO LANDSCAPE WHEREAS, the City of Cupertino, a municipal corporation and general law city duly organized and existing under and pursuant to the laws of the State of California (City) is authorized to enter contracts on its behalf and for the benefit of the City; and WHEREAS, the reasons supporting the City to enter into the Memorandum of Understanding with the Santa Clara Valley Water District for Conservation Programs is set forth in detail in the staff reports and hearings for June 2, 2015 and June 16, 2015 Council meetings and are incorporated herein by reference; and WHEREAS, the City entered into a Memorandum of Understanding with the Santa Clara Valley Water District for a Landscape Conversion Program in FY16/17 for an amount not to exceed $115,000; and WHEREAS, the City and the Santa Clara Valley Water District desire to amend the FY16/17 MOU to extend the term and to add a Graywater Laundry to Landscape Program; and WHEREAS, the consideration by the City Council of the adoption of this Resolution has been duly noticed pursuant to applicable laws and Council provided members of the public an opportunity to comment and be heard and considered all testimony and evidence in connection with the adoption of this Resolution; and WHEREAS, pursuant to the provisions and requirements of the California Environmental Quality Act of 1970, together with related State CEQA Guidelines (collectively, "CEQA"), the City determines that the provisions of this Resolution are exempt as a project intended to protect the environment and natural resources (14 Cal.Regs. 15307, 15308); and WHEREAS, the City Council determines that the adoption of this Resolution is in the public interest. 209 2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES HEREBY FIND, DETERMINE, RESOLVE, AND ORDER AS FOLLOWS: Section 1. Recitals. The City Council does hereby find, determine, and resolve that the foregoing recitals are true and correct. Section 2. Approval and Authorization. The City Council does further resolve that: a. The Amendment of the Memorandum of Understanding with the Santa Clara Valley Water District (MOU) for water conservation programs in substantially in the form attached hereto as Exhibit “A” is approved; b. The City Manager is delegated the authority and is authorized to negotiate and execute the amendment to the MOU in substantially the form as attached Exhibit “A”, provided that the funds do not exceed one hundred twenty thousand dollars ($120,000.00). Section 3: Effective date: This Resolution is effective immediately upon adoption. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 2nd day of May, 2017, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: ________________________________ Grace Schmidt, City Clerk Savita Vaidhyanathan, Mayor 210 Exhibit A 3 FIRST AMENDMENT TO MEMORANDUM OF UNDERSTANDING #A4008s BETWEEN THE SANTA CLARA VALLEY WATER DISTRICT AND THE CITY OF CUPERTINO FOR A LANDSCAPE CONVERSION REBATE PROGRAM This First Amendment (“First Amendment”) to Memorandum of Understanding A4008s (“MOU”) between the Santa Clara Valley Water District (“WATER DISTRICT”) and the City of Cupertino (“CUPERTINO”), originally entered into on or about July 1, 2016, is effective as of May , 2017 (“First Amendment Effective Date”). RECITALS WHEREAS, Under the terms of the MOU, CUPERTINO agreed to supplement WATER DISTR ICT’s Landscape Conversion Program rebates granted to persons residing in the City of Cupertino (“MOU”); and WHEREAS, In addition to supplementing the WATER DISTRICT’s Landscape Conversion Program rebates, CUPERTINO also desires to supplement the WATER DISTRICT’s Graywater Laundry to Landscape rebates granted to persons residing in the City of Cupertino; and WHEREAS, CUPERTINO and WATER DISTRICT desire to extend the term of the MOU from December 31, 2017 to the earlier of June 30, 2018, or when funds committed by CUPERTINO under this MOU are expended; and WHEREAS, CUPERTINO and WATER DISTRICT desire that CUPERTINO increase its payment obligation under the MOU from $115,000 to $120,000. NOW, THEREFORE, the parties agree to amend the MOU as follows: 1. Delete the title of the MOU and replace with the following title: “Memorandum of Understanding between the Santa Clara Valley Water District and the City of Cupertino for Water Conservation Landscape Conversion and Graywater Laundry to Landscape Programs” 2. In the MOU, delete the first paragraph, and replace with the following: “This MEMORANDUM OF UNDERSTANDING (MOU) between the Santa Clara Valley Water District, an Independent special district created by the California Legislature (hereinafter referred t o as “WATER DISTRICT”) and the City of Cupertino (hereinafter referred to as “CUPERTINO”) is effective as of July 1, 2016 and sets forth the respective roles of the WATER DISTRICT and CUPERTINO in regard to the WATER DISTRICT'S LANDSCAPE CONVERSION REBATE PROGRAM AND GRAYWATER LAUNDRY REBATE PROGRAM (hereinafter collectively referred to as the “PROGRAMS”).” 3. Delete all of the Recitals in the MOU, replace them with the following Recitals: “WHEREAS, the PROGRAMS involve providing Water Conservation Landscape Conversion Rebates and Graywater Laundry to Landscape Rebates for properties located within CUPERTINO's jurisdiction; and WHEREAS, the PROGRAMS are appropriate measures for the Best Management Practices addressed in the California Urban Water Conservation Council's MOU regarding Urban Water Conservation in California; and 211 Exhibit A 4 WHEREAS, the WATER DISTRICT has established the PROGRAMS, in part, to provide financial incentive to remove existing turf lawns and to reuse graywater from clothes washers on landscape; and WHEREAS, CUPERTINO wishes to participate in the PROGRAMS by providing additional financial incentives to Cupertino residents receiving grants from the PROGRAMS.” 4. In the MOU, under Section 1, a), c) and e), replace each reference to “PROGRAM” with “PROGRAMS”. 5. In the MOU, under Section 2, a) and c), replace each reference to “PROGRAM” with “PROGRAMS”. 6. In the MOU, under Section 2, b), add an additional bullet which reads:  Up to $200 for each completed, qualifying Graywater Laundry to Landscape system installed and eligible for a WATER DISTRICT rebate per the GRAYWATER LAUNDRY REBATE PROGRAM. 7. In the MOU, Section 2, c), delete the sentence in its entirety and replace with “CUPERTINO’s obligation to pay for the PROGRAMS is capped at a total maximum of $120,000.” 8. In the MOU, Section 5, delete the first sentence in its entirety and replace it with, “The Term of the MOU commences on July 1, 2016 and expires on June 30, 2018, or until funds are depleted, whichever occurs first.” All of the terms and conditions of the MOU not modified by this First Amendment shall remain in full force and effect. IN WITNESS THE EXECUTION HEREOF the parties agree that this First Amendment shall be effective as of the First Amendment Effective Date set forth above. SANTA CLARA VALLEY WATER DISTRICT an independent special district created by the California Legislature Approved as to form: By: By: Anthony Fulcher Norma J. Camacho Senior Assistant District Counsel Interim Chief Executive Officer CITY OF CUPERTINO Approved as to form: By: By: _____________________________________ Randolph Hom David Brandt City Attorney City Manager City of Cupertino City of Cupertino 212 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:117-2581 Name: Status:Type:Ordinances and Action Items Agenda Ready File created:In control:4/26/2017 City Council On agenda:Final action:5/2/2017 Title:Subject: Discussion and funding for 2017 Independence Day Fireworks Display Sponsors: Indexes: Code sections: Attachments:Staff Report Action ByDate Action ResultVer. City Council5/2/20171 Subject: Discussion and funding for 2017 Independence Day Fireworks Display AuthorizestafftocoordinateandimplementafireworksdisplayonJuly4th,2017.Thisaction authorizestheappropriationofanamountnottoexceed$100,000forfireworks,Citystaffto support the event, and Santa Clara county Sheriff and Fire staff to ensure safe operations. CITY OF CUPERTINO Printed on 4/26/2017Page 1 of 1 powered by Legistar™213 RECREATION AND COMMUNITY SERVICES DEPARTMENT QUINLAN COMMUNITY CENTER 10 10185 NORTH STELLING RD • CUPERTINO, CA 95014-5732 TELEPHONE: (408) 777-3120 www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: May 2, 2017 Subject 2017 Independence Day Fireworks Display. Recommend Action Provide staff direction on implementing a fireworks display on July 4th, 2017. If approved, authorize the appropriation of an amount not to exceed $100,000 for fireworks, City staff to support the event, and Santa Clara County Sheriff and Fire staff to ensure safe operations. Background A fireworks display was the highlight of the Community’s Independence Day celebration for many years, ceasing in 2015 as a result of both draught conditions and safety concerns at the former launch site at Cupertino High School. Staff has identified an alternative site at Hyde Middle School, 19325 Bollinger Road, to launch a 20-30 minute display. Discussion  A Fireworks Display can serve as a deterrent for independent or illegal fireworks displays.  Fireworks displays generally feature two (2), three (3) and four (4) inch shells. Due to the size of the launch sight, Hyde Middle School will accommodate no greater than three (3) inch firework shells, limiting the display to no higher than 300 feet. This dramatically reduces viewing opportunities. The Fire Marshal recommends that any display at Hyde is limited to 3 inch shells.  Falling embers, like any fireworks display should be contained within a fallout zone which requires 70 feet in all directions per inch of shell. This is dependent on wind. The on-site County Fire Department representative will be present to monitor the area.  Sedgwick Elementary school at 19200 Phil Ln, Cupertino has been identified as the best and only large public viewing area. Staff tested viewing opportunities 214 with balloons launched to approximately 275 feet and are not confident that other public spaces such as Cupertino High School or Creekside Park, in the general area can serve as appropriate launch sights. Viewing from Sedgwick is excellent.  In the past, the City offered viewing areas at Sedgwick Elementary School, Cupertino High School and Creekside Park, accommodating approximately 10,000 community members. This year, viewing would be limited to only approximately 2,500 at Sedgwick. Community members would be encouraged to walk to the school as parking is very limited. Off-site viewing may accommodate many more people.  The safe operation of this display will require street closures on both Miller and Hyde Avenues. Hyde Avenue would be closed early morning on the 4th and Miller will be closed, possible from Bollinger to Phil Lane. Miller Avenue closure will present some limited viewing as well. Hyde would be restricted to only home owners. Actual Street Closure locations will be determined by both the Sheriff and Fire Departments.  Permits for the use of the two school sites and the necessary approvals from the Fire Department are being requested. Fiscal Impact The action will require a budget adjustment of $100,000. _____________________________________________________________________________________ Prepared by: Jeff Milkes, Director, Recreation and Community Services Reviewed by: Jaqui Guzmán, Deputy City Manager Approved for Submission by: David Brandt, City Manager 215 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:116-2160 Name: Status:Type:Reports by Council and Staff Agenda Ready File created:In control:11/8/2016 City Council On agenda:Final action:5/2/2017 Title:Subject: Annual Report on the Pavement Management Program Sponsors: Indexes: Code sections: Attachments:Staff Report A - PCI Condition Table B - Street-by-street listing of improvements to be completed by the 2017 Pavement Managment C - Street-by-street listing of improvements completed by the FY16/17 Pavement Management Action ByDate Action ResultVer. City Council5/2/20171 Subject: Annual Report on the Pavement Management Program Receive the report. No action is required CITY OF CUPERTINO Printed on 4/26/2017Page 1 of 1 powered by Legistar™216 1 PUBLIC WORKS DEPARTMENT CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3354 www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: May 2, 2017 Subject Annual Report on the Pavement Management Program. Recommended Action Receive the report. No action is required. Discussion Cupertino’s street network is over 138 miles in length and covers approximately 26M square feet (8% of the total area of the City). The network is an essential asset to businesses, residents and visitors and is among the most valuable assets maintained by the City. A properly designed asphalt street will typically last 20 years without the need of total reconstruction. However if some conditions change, such as more and/or heavier traffic, then reconstruction may be needed sooner. Extending the life of pavement, as opposed to the replacement of pavement, is the goal of the pavement management program. Over the last three years substantial funding and effort has been provided to the program that had been in spiraling decline during the years of the recession. These program resources are extending the life and improving the condition of Cupertino’s street network, while also saving the City millions of dollars into the future. To support the goal of preservation, a dependable infrastructure performance measure of a pavement condition index (PCI) equal to or greater than 82 has been established. Achieving this goal is important as more money is spent on preservation rather than rehabilitation, and consequently, costs to maintain are lower and it is easier to maintain that level. Ranges of PCI values and street conditions are included in Attachment A. The Metropolitan Transportation Commission (MTC) will be releasing to the press the “2016 Regional Pavement Condition Summary Report” within the next few months. In this report, Cupertino’s 3-year moving average PCI of 72 will be reported. The below table shows the Cupertino 3-year moving average and annual PCI values for years 2014-16. 217 2 2014 2015 2016 3-year Moving Average PCI 65 67 72 Annual PCI 67 70 78 The 8 point gain in annual PCI from 2015 to 2016 is unusual. Half of the gain was expected due to the ongoing aggressive improvements of the street network. The remaining gain was due to change in the MTC survey methodology. Prior methodology measured the asphalt distress of weathering and raveling as one input. The new methodology separates these distresses as two inputs. With this change, MTC anticipated that street networks with a PCI > 70 would experience slightly higher PCI values. For the Cupertino street network, due to the amount of newly paved streets and aggressive preventative maintenance programs completed, the change resulted in a 4 point PCI increase. Figure 1 shows the PCI values for arterial, collector and residential streets for the last three years plus the 2017 PCI values that are expected upon completion of all scheduled projects this summer. Figure 1 60 66 77 79 67 78 80 79 79 70 78 79 50 55 60 65 70 75 80 85 90 95 100 2014201520162017 (estimated) Pa v e m e n t C o n d i t i o n I n d e x Arterial Collector Residential Network PCI The street network PCI is calculated by weighting the areas of arterial, collector and residential streets to the total combined area. Figure 2 represents the percent of total network area by arterial, collector and residential streets. 218 3 Figure 2 Residential, 70.9% Arterial, 12.2% Collector, 16.9% Residential streets represent the largest portion at over 70% of the total area. With residential streets having the largest area, their PCI value has the greatest contribution to the cumulative street network PCI. The program in 2015 and 2016 focused on residential streets with well over 55 streets improved. Residential streets will continue to be the focus of the 2017 program. Arterial streets that will be improved in 2017 include both Stevens Creek Boulevard east of Wolf Road and De Anza Boulevard south of Stevens Creek Boulevard. Budget Options Report The MTC StreetSaver program provides the ability to run various budget scenarios. Based on a series of assumptions, StreetSaver allocates available funds across the street network, recommends improvements, and forecasts future PCI if recommendations are implemented. Staff periodically updates values in StreetSaver in order to align current costs with the type of pavement treatment recommended at various PCI values. For example, a residential PCI of 25 typically requires spot repairs and a 2.5” asphalt overlay with paving fabric, while a street with a PCI of 75 will require a much less costly preventative slurry treatment. The two funding scenarios detailed below are a 5-year look-ahead and provide useful “what if” information on expected PCI and deferred maintenance values that may occur at varying levels of funding. Scenario 1 Maintain PCI of 78 through 2021  $2.7M per year  Deferred maintenance relatively constant $10.9 to $10M Scenario 2 Raise PCI to 82 by 2021  $6M for FY17/18  $4M for 2018-2021  Deferred maintenance decreases to $1.5M 219 4 2017 Pavement Management Project The 2017 Pavement Maintenance Project opened bids on November 1, 2017 and is scheduled to start near the end of this school year (week of June 12 th). A street-by-street listing of this project is included in Attachment B and will be available for residents to view online, as will the current PCI values for all streets. Streets completed in FY16/17 projects are included as Attachment C. Note that the street listing in Attachment B may be modified as unforeseen conditions arise. Sustainability Impact Not applicable. Fiscal Impact In November, Santa Clara County voters approved Measure B, a 30 year half-cent sales tax to enhance local street and road maintenance, transit, highways, expressways, and bicycle and pedestrian facilities. Cupertino is estimated to receive $1.13M annually. A second stream of recently approved revenue is The Road Repair and Accountability Act of 2017. Cupertino is estimated to receive $336,000 for FY17/18, followed by approximately $1.1M in FY18/19 and then about $1.3M for at least the remainder of the first ten years. These amounts will augment the approximate $0.35M and $1.0M currently received from the State for Cupertino’s share of vehicle license fees and gas tax receipts, respectively. Funding for the 2017 Pavement Management program was approved in the FY16/17 operating budget. No additional funding is required. _____________________________________ Prepared by: Roger Lee, Assistant Director of Public Works JoAnne Johnson, Senior Engineer Technician Reviewed by: Timm Borden, Director of Public Works Approved for Submission by: David Brandt, City Manager Attachments: A – PCI Condition Table B – Street-by-street listing of improvements to be completed by the 2017 Pavement Management Projects C – Street-by-street listing of improvements completed by the FY16/17 Pavement Management Projects 220 Attachment A Pavement Condition Value Street Condition 80-100 (Very Good–Excellent) New pavement with few signs of distress. 70-79 (Good) Pavement showing only low levels of distress. 60-69 (Fair) Pavement that may require a combination of rehabilitation and preventive maintenance. 50-59 (At Risk) Deteriorated pavement requiring immediate attention. 25-49 (Poor) Pavement showing extensive distress and requiring major rehabilitation or reconstruction. 0-24 (Failed) Extremely rough pavement that needs complete reconstruction. 221 ATTACHMENT B FY 2017/18 PAVEMENT PROJECT STREET LIST STREET NAME FROM TO TREATMENT ALPINE DR SALEM FOOTHILL OVERLAY ALVES DR STELLING ANTON RUBBER CHIP ANTHONY PL SALEM END OVERLAY ANTON WAY ALVES STEVENS CREEK RUBBER CHIP BEAVEN AVE STOKES NOEL OVERLAY BYERLY CT SALEM END OVERLAY CALLE DE BARCELONA FINCH MILLER OVERLAY CANDLELIGHT WY CRESTLINE SHADOWHILL OVERLAY CLEARCREEK CT PHAR LAP END OVERLAY CLEARWOOD CT PHAR LAP END OVERLAY CLEO AVE GARDENSIDE DEAD END OVERLAY CORTE DE MADRID CALLE DE BARCELONA END OVERLAY CORTE DE SEVILLE CALLE DE BARCELONA END OVERLAY CORTE MADERA LN MANN END SLURRY SEAL CRABTREE LN JOHNSON STERLING OVERLAY CREEKLINE DR NOVEMBER DR END OVERLAY CREEKSIDE CT PHAR LAP END OVERLAY CULBERTSON DR MEIGGS BARNHART OVERLAY DE ANZA BLVD STEVENS CREEK BLVD BOLLINGER RD RHMA OVERLAY DEEPROSE PL PRICE END OVERLAY DOS PALOS CT MANN END SLURRY SEAL EB STEVENS CREEK BLVD WOLFE RD E CITY LIMIT RHMA OVERLAY EDWARD WY BUBB RONALD OVERLAY 222 ATTACHMENT B STREET NAME FROM TO TREATMENT FINCH AVE PHIL 290' S/O SORENSON OVERLAY FINCH AVE 290' S/O SORENSON STEVENS CREEK OVERLAY FORT BAKER DR PRESIDIO HYANNISPORT OVERLAY GARDENSIDE LN RAINBOW KINGSBURY OVERLAY GARDENVIEW LN MANN END SLURRY SEAL GILLICK WAY MARTINWOOD CLIFDEN RUBBER CHIP HOWARD CT MILLER END SLURRY SEAL HYANNISPORT DR LINDA VISTA (WEST PART) BUBB OVERLAY JANICE AVE MIRA VISTA (BEGIN CASS PL) STEVENS CREEK OVERLAY JOHNSON AVE BARNHART LOREE OVERLAY KENTWOOD AVE 600' W/O S DE ANZA TIPTOE OVERLAY KINGSBURY CT KINGSBURY END OVERLAY KINGSBURY PL CANDLELIGHT SCOTLAND OVERLAY LA PALOMA DR SANTA TERESA COLUMBUS OVERLAY LOCKFORD CT SCOTLAND END OVERLAY MADRONE CT END END OVERLAY MANZANITA CT S END N END OVERLAY MARIA ROSA WY ROSARIO COLUMBUS OVERLAY MC KLINTOCK LN VOSS WOODRIDGE OVERLAY MEADOW PL VOSS END OVERLAY MEADOWVIEW LN MANN END RUBBER CHIP MELLO PL PRICE END OVERLAY MENHART LN MORETTI CALVERT OVERLAY MILLARD LN MARY END RUBBER CHIP 223 ATTACHMENT B STREET NAME FROM TO TREATMENT MINER PL N END S END RUBBER CHIP MONTE CT MANN END SLURRY SEAL MORETTI DR LOREE BARNHART OVERLAY NEWSOM AVE JOHNSON WUNDERLICH OVERLAY NOEL AVE BEAVEN FITZGERALD OVERLAY NORWICH AVE AMHERST MERRITT OVERLAY OAKVIEW LN MANN END SLURRY SEAL OASIS CT ALPINE END OVERLAY PARK CIRCLE DR ALVES ALVES SLURRY SEAL PARLET PL N END S END RUBBER CHIP PERALTA CT CANYON OAK END OVERLAY PRICE AVE BLANEY PORTAL OVERLAY RAINBOW DR 525' W/O BUBB (VILLA MARIA) END OVERLAY RAMPART AVE E ESTATES GLENVIEW OVERLAY RANCHO PL RANCHO VENTURA END OVERLAY RANCHO VENTURA ST FOOTHILL PALO VISTA OVERLAY REGNART CANYON RD REGNART END DOUBLE CHIP SEAL RONALD WY EDWARD ROSARIO OVERLAY SB DE ANZA BLVD SR-85 PROSPECT ROAD RHMA OVERLAY SHADOWHILL LN STELLING CANDLELIGHT OVERLAY SHADOWHILL LN CANDLELIGHT END SLURRY SEAL SILVER OAK WAY FOOTHILL LAZY OAK CT OVERLAY SILVERADO AVE WHITNEY DE ANZA OVERLAY SQUIREWOOD WY SCOTLAND STELLING OVERLAY STANFORD PL KENTWOOD ANNETTE OVERLAY STEEPLECHASE LN ROLLINGDELL KENTWOOD OVERLAY STELLING RD STEVENS CREEK I-280 RUBBER CHIP SUISUN DR BLANEY FARALLONE OVERLAY SUNRISE DR WESTERN DE ANZE BLVD (INLCUDES ALLY WAYS) 224 ATTACHMENT B STREET NAME FROM TO TREATMENT TERRY WY RODRIGUES END OVERLAY TILSON AVE TANTAU CALVERT OVERLAY UPLAND WAY WOOLEY WAY END OVERLAY VIRGINIA SWAN PL LAZANEO END RUBBER CHIP WB STEVENS CREEK BLVD E CITY LIMIT PERIMETER RD RHMA OVERLAY WESTERN DR RODRIGUES SCOFIELD OVERLAY WILL CT LAZANEO END OVERLAY WOODBURRY DR MANN END RUBBER CHIP WUNDERLICH DR TILSON MENHART OVERLAY 225 ATTACHMENT C FY 2016/17 PAVEMENT PROJECT STREET LIST STREET NAME FROM TO TREATMENT AMHERST PORTAL END OVERLAY AMISTAD CT VOSS END OVERLAY BAHL ST VISTA KNOLL AINSWORTH OVERLAY BARBARA LN PEPPER TREE SCOFIELD OVERLAY BARNHART AVE MORETTI STERLING OVERLAY BARRANCADR HOMESTEAD PENINSULAR OVERLAY BAXLEY CT LINDA VISTA END OVERLAY BILICH WHEATON END OVERLAY BONNY DR PEPPER TREE MC CLELLAN OVERLAY CAROLINE DR MAXINE PENNINSULAR OVERLAY CAROLLEE DR WHEATON CHAVOYA OVERLAY CAMARDA CT RANDY END OVERLAY CANYON OAK WAY 21100 CANYON OAK MANZANITA OVERLAY CARTA BLANCA ST VISTA KNOLL AINSWORTH OVERLAY CARVER DR TUGGLE PENDERGAST OVERLAY CHACE STARLING END OVERLAY CHAVOYA CAROL LEE RANDY OVERLAY CRESTLINE DR SHADOWHILL CANDLELIGHT OVERLAY CUPERTINO RD CRESCENT STEVENS CREEK OVERLAY FARALLONE DR BOLLINGER JOHN OVERLAY FITZGERALD DR STOKES AV DEMPSTER OVERLAY FOREST AVE RANDY LN W BLANDY OVERLAY GARDENA CT GARDENA DR END OVERLAY GARDENA DR CASTINE STELLING OVERLAY HALE PL GARDENA DR END OVERLAY HIBISCUS CT HIBUSCUS DR END OVERLAY HIBISCUS DR BARRANCA MAXINE OVERLAY HOUGE CT RANDY LN W END OVERLAY HOLLYHEAD LN SQUIREWOOD END OVERLAY HUNTER WY MORENGO CARVER OVERLAY 226 ATTACHMENT C STREET NAME FROM TO TREATMENT HUNTERSTON PL ROBINDELL ORION OVERLAY JOHN DR BLANEY FARALLONE OVERLAY KENDLE ST VISTA KNOLL AINSWORTH OVERLAY LA RODA CT LA RODA END OVERLAY LA RODA DR SUISUN END OVERLAY LINDA ANNCT CHACE END OVERLAY LINDA VISTA DR SANTA TERESA HYANNISPORT OVERLAY LOCKWOOD DR ALCALDE VOSS OVERLAY LOREE AVE MORETTI CALVERT OVERLAY LOREE AVE STERLING JOHNSON OVERLAY MCCLELLAN RD SEPTEMBER DR DE ANZA BLVD DIG OUTS MERRIMAN RD VOSS END OVERLAY MORETTI MORETTI CALVERT OVERLAY MYER PL WHEATON END OVERLAY PATRIC CT FARALLONE END OVERLAY PENINSULA AVE STEVENS CREEK FITZGERALD OVERLAY PENNINSULAR AVE CAROLINE BARRANCA OVERLAY PEPPER TREE LN STELLING BONNY OVERLAY PINOLE CT JOHN DR S END OVERLAY RANDY LN FOREST AVE STEVENS CREEK OVERLAY SAN LEANDRO AVE MCCLELLAN SANTA PAULA OVERLAY SAN JUAN RD CORDOVA STEVENS CANYON LEVELING SCOFIELD BARBARA WESTERN OVERLAY RIEDEL WHEATON END OVERLAY STELLING RD I-280 BRIDGE STEVENS CREEK BLVD DIG OUTS WALLACE BARRANCA MAXINE OVERLAY WEST HILL CT WESTHILL END OVERLAY WEST HILL LN STELLING END OVERLAY WOLFE RD VALLCO PKWY STEVENS CREEK BLVD DIG OUTS WHEATON DR PORTAL EAST (END) OVERLAY WHEATON DR BLANEY N PORTAL OVERLAY 227 ATTACHMENT C STREET NAME FROM TO TREATMENT WHEATON DR W BLANEY CAROL LEE OVERLAY WILKINSON AVE HYANNISPORT COLUMBUS OVERLAY 228 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:116-2025 Name: Status:Type:Reports by Council and Staff Agenda Ready File created:In control:10/4/2016 City Council On agenda:Final action:5/2/2017 Title:Subject: Report on Committee assignments and general comments Sponsors: Indexes: Code sections: Attachments: Action ByDate Action ResultVer. City Council5/2/20171 Subject: Report on Committee assignments and general comments Report on Committee assignments and general comments CITY OF CUPERTINO Printed on 4/26/2017Page 1 of 1 powered by Legistar™229