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01-16-2018 Searchable PacketCITY OF CUPERTINO AGENDA CITY COUNCIL 5:45 PM 10300 Torre Avenue and 10350 Torre Avenue Tuesday, January 16, 2018 Non-televised Special Meeting Closed Session (5:45) and Televised Regular Meeting (6:45) NOTICE AND CALL FOR A SPECIAL MEETING OF THE CUPERTINO CITY COUNCIL NOTICE IS HEREBY GIVEN that a special meeting of the Cupertino City Council is hereby called for Tuesday, January 16, 2018, commencing at 5:45 p.m. in City Hall Conference Room A, 10300 Torre Avenue, Cupertino, California 95014. Said special meeting shall be for the purpose of conducting business on the subject matters listed below under the heading, “Special Meeting." The regular meeting items will be heard at 6:45 p.m. in Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, California. SPECIAL MEETING ROLL CALL - 5:45 PM City Hall Conference Room A, 10300 Torre Avenue CLOSED SESSION 1.Subject: Subject: Conference with Legal Counsel - Anticipated Litigation: Significant Exposure to litigation pursuant to paragraph (2) of subdivision (d) of Government Code Section 54956.9 - Two Cases 2.Subject: Conference with Real Property Negotiators (Government Code Section 54956.8); Property: Cupertino Municipal Water System; Agency Negotiator: Timm Borden; Negotiating Parties: City of Cupertino and San Jose Water Company; Under Negotiation: Terms for City Leased Asset ADJOURNMENT REGULAR MEETING Page 1 1 January 16, 2018City Council AGENDA PLEDGE OF ALLEGIANCE - 6:45 PM Community Hall, 10350 Torre Avenue ROLL CALL CEREMONIAL MATTERS AND PRESENTATIONS 1.Subject: Presentation of Certificates of Recognition for Science Fair and Talent Search winners Recommended Action: Present Certificates of Recognition for Science Fair and Talent Search winners 2.Subject: Proclamation recognizing the Age-Friendly Cupertino Task Force for their efforts in achieving designation for The City of Cupertino as an "Age-Friendly City" by the World Health Organization (WHO) Recommended Action: Present proclamation recognizing the Age-Friendly Cupertino Task Force for their efforts in achieving designation for The City of Cupertino as an "Age-Friendly City" by the World Health Organization (WHO) 3.Subject: Proclamation recognizing Roger Lee, Assistant Director of Public Works, for receiving the 2017 Jerry D. Scott Outstanding Superintendent of the Year Award from the Maintenance Superintendents Association Recommended Action: Present proclamation recognizing Roger Lee, Assistant Director of Public Works, for receiving the 2017 Jerry D. Scott Outstanding Superintendent of the Year Award from the Maintenance Superintendents Association POSTPONEMENTS 4.Subject: Item No. 15 to consider a revised request for General Plan amendment authorization to demolish the existing ~71,254 sq.ft. Oaks Shopping Center and construct a mixed-use development (Westport Cupertino) at the site. (Application No.(s): GPAAuth-2017-02; Applicant: KT Urban (Mark Tersini); Location: 21267 Stevens Creek Boulevard; APN: 326-27-039, -040 and -041). Continued from December 5, 2017. The applicant has withdrawn the application and the public hearing is cancelled. The applicant has withdrawn the application and the public hearing is cancelled. ORAL COMMUNICATIONS Page 2 2 January 16, 2018City Council AGENDA 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. 5.Subject: Approve the December 19 City Council minutes Recommended Action: Approve the December 19 City Council minutes A - Draft Minutes 6.Subject: Accept Account Payable for the period ending October 27, 2017 Recommended Action: Adopt Resolution No. 18-001 accepting Accounts Payable for the period ending October 27, 2017 A - Draft Resolution B - AP Report 7.Subject: Accept Accounts Payable for the period ending November 11, 2017 Recommended Action: Adopt Resolution No. 18-002 accepting Accounts Payable for the period ending November 11, 2017 A - Draft Resolution B - AP Report 8.Subject: Accept Accounts Payable for the period ending December 8, 2017 Recommended Action: Adopt Resolution No. 18-003 accepting Accounts Payable for the period ending December 8, 2017 A - Draft Resolution B - AP Report 9.Subject: Accept Accounts Payable for the period ending December 15, 2017 Recommended Action: Adopt Resolution No. 18-004 accepting Accounts Payable for the period ending December 15, 2017 A - Draft Resolution B - AP Report Page 3 3 January 16, 2018City Council AGENDA 10.Subject: Accept Accounts Payable for the period ending December 22, 2017 Recommended Action: Adopt Resolution No. 18-005 accepting Accounts Payable for the period ending December 22, 2017 A - Draft Resolution B - AP Report 11.Subject: Accept Accounts Payable for the period ending December 29, 2017 Recommended Action: Adopt Resolution No. 18-006 accepting Accounts Payable for the period ending December 29, 2017 A - Draft Resolution B - AP Report 12.Subject: Adopt a resolution increasing the employer's contribution for medical and hospitalization insurance consistent with the Meyers-Geddes State Employees Medical and Hospital Care Act for the Unrepresented (Management and Confidential), Cupertino Employees' Association (Employees Association), Operating Engineers, Local Union No. 3 (Operating Engineers), Appointed (City Attorney), Elected Official groups and retired annuitants. Recommended Action: Adopt Resolution No. 18-007 increasing the employer's contribution for medical and hospitalization insurance for employees under the Unrepresented, Cupertino Employees' Association, Operating Engineers, Local Union No. 3, Appointed, Elected Officials, and retired annuitant groups. Staff Report A - Draft Resolution 13.Subject: 2017/18 Comprehensive Facility Condition and Use Assessments Recommended Action: Authorize the City Manager to negotiate and execute the 2017/18 Comprehensive Facility Condition and Use Assessments agreement with The KPA Group for an amount of $198,720 and approve a contingency of $1,280 for a total of $ $200,000 Staff Report A - Request for Proposal for the 2017/18 Comprehensive Facility Condition and Use Assessments project B - KPA Proposal dated December 27, 2017 C - Condition Assessment Checklist for Primary Facilities D - Condition Assessment Checklist for Secondary Facilities SECOND READING OF ORDINANCES Page 4 4 January 16, 2018City Council AGENDA 14.Subject: Second Reading for an ordinance to amend regulations in Title 19, Zoning of the Municipal Code with regard to Accessory Dwelling Units, including Chapter 19.08, Definitions, and Chapter 19.112, Accessory Dwelling Units in R-1, RHS, A and A-1 zones (Application No(s).: MCA-2017-05; Applicant(s): City of Cupertino; Location: Citywide) Recommended Action: That the City Council conduct the second reading and enact Ordinance No. 17-2170: “An Ordinance of the City Council of the City of Cupertino amending Chapter 19.08, Definitions and Chapter 19.112, Accessory Dwelling Units in R-1, RHS, A and A-1 Zones (Residential Zoning Districts) to conform to new state laws” Staff Report A - Draft Ordinance No. 17-2170 B - Redline ADU Ordinance PUBLIC HEARINGS 15.Subject: Consider a revised request for General Plan amendment authorization to demolish the existing ~71,254 sq.ft. Oaks Shopping Center and construct a mixed-use development (Westport Cupertino) at the site. (Application No.(s): GPAAuth-2017-02; Applicant: KT Urban (Mark Tersini); Location: 21267 Stevens Creek Boulevard; APN: 326-27-039, -040 and -041). Continued from December 5, 2017. The applicant has withdrawn the application and the public hearing is cancelled. Recommended Action: The applicant has withdrawn the application and the public hearing is cancelled. ORDINANCES AND ACTION ITEMS 16.Subject: Order the abatement of a public nuisance (weeds) pursuant to provisions of Ordinance No. 724 and Resolution No. 17-110 Recommended Action: Note objections and adopt Resolution No. 18-008 ordering abatement of a public nuisance (weeds) pursuant to provisions of Ordinance No. 724 and Resolution No. 17-110 Staff Report A - Draft Resolution B - 2018 Weed Abatement Program Commencement Report C - Notice to Destroy Weeds and Program Schedule D - Letter to Property Owners E - Approved Resolution No. 17-110 Page 5 5 January 16, 2018City Council AGENDA 17.Subject: Council Committee appointments Recommended Action: Approve Council Committee appointments A - Council Committee Assignments REPORTS BY COUNCIL AND STAFF 18.Subject: Report on Committee assignments and general comments Recommended Action: Report on Committee assignments and general comments ADJOURNMENT Page 6 6 January 16, 2018City 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. IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipal Code 2.08.100 written communications sent to the Cupertino City Council, Commissioners or City staff concerning a matter on the agenda are included as supplemental material to the agendized item. These written communications are accessible to the public through the City’s website and kept in packet archives. You are hereby admonished not to include any personal or private information in written communications to the City that you do not wish to make public; doing so shall constitute a waiver of any privacy rights you may have on the information provided to the City. Members of the public are entitled to address the City Council concerning any item that is described in the notice or agenda for this meeting, before or during Page 7 7 January 16, 2018City Council AGENDA 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 8 8 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:117-3451 Name: Status:Type:Closed Session Agenda Ready File created:In control:12/20/2017 City Council On agenda:Final action:1/16/2018 Title:Subject: Subject: Conference with Legal Counsel - Anticipated Litigation: Significant Exposure to litigation pursuant to paragraph (2) of subdivision (d) of Government Code Section 54956.9 - Two Cases Sponsors: Indexes: Code sections: Attachments: Action ByDate Action ResultVer. City Council1/16/2018 1 Subject: Subject: Conference with Legal Counsel - Anticipated Litigation: Significant Exposure to litigation pursuant to paragraph (2) of subdivision (d) of Government Code Section 54956.9 - Two Cases CITY OF CUPERTINO Printed on 1/10/2018Page 1 of 1 powered by Legistar™9 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:118-3499 Name: Status:Type:Closed Session Agenda Ready File created:In control:1/5/2018 City Council On agenda:Final action:1/16/2018 Title:Subject: Conference with Real Property Negotiators (Government Code Section 54956.8); Property: Cupertino Municipal Water System; Agency Negotiator: Timm Borden; Negotiating Parties: City of Cupertino and San Jose Water Company; Under Negotiation: Terms for City Leased Asset Sponsors: Indexes: Code sections: Attachments: Action ByDate Action ResultVer. City Council1/16/2018 1 Subject: Conference with Real Property Negotiators (Government Code Section 54956.8); Property: Cupertino Municipal Water System; Agency Negotiator: Timm Borden; Negotiating Parties: City of Cupertino and San Jose Water Company; Under Negotiation: Terms for City Leased Asset CITY OF CUPERTINO Printed on 1/10/2018Page 1 of 1 powered by Legistar™10 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:117-3333 Name: Status:Type:Ceremonial Matters & Presentations Agenda Ready File created:In control:11/20/2017 City Council On agenda:Final action:1/16/2018 Title:Subject: Presentation of Certificates of Recognition for Science Fair and Talent Search winners Sponsors: Indexes: Code sections: Attachments: Action ByDate Action ResultVer. City Council1/16/2018 1 Subject: Presentation of Certificates of Recognition for Science Fair and Talent Search winners Present Certificates of Recognition for Science Fair and Talent Search winners CITY OF CUPERTINO Printed on 1/10/2018Page 1 of 1 powered by Legistar™11 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:118-3510 Name: Status:Type:Ceremonial Matters & Presentations Agenda Ready File created:In control:1/8/2018 City Council On agenda:Final action:1/16/2018 Title:Subject: Proclamation recognizing the Age-Friendly Cupertino Task Force for their efforts in achieving designation for The City of Cupertino as an "Age-Friendly City" by the World Health Organization (WHO) Sponsors: Indexes: Code sections: Attachments: Action ByDate Action ResultVer. City Council1/16/2018 1 Subject: Proclamation recognizing the Age-Friendly Cupertino Task Force for their efforts in achieving designation for The City of Cupertino as an "Age-Friendly City" by the World Health Organization (WHO) Present proclamation recognizing the Age-Friendly Cupertino Task Force for their efforts in achieving designation for The City of Cupertino as an "Age-Friendly City" by the World Health Organization (WHO) CITY OF CUPERTINO Printed on 1/10/2018Page 1 of 1 powered by Legistar™12 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:117-3354 Name: Status:Type:Ceremonial Matters & Presentations Agenda Ready File created:In control:11/27/2017 City Council On agenda:Final action:1/16/2018 Title:Subject: Proclamation recognizing Roger Lee, Assistant Director of Public Works, for receiving the 2017 Jerry D. Scott Outstanding Superintendent of the Year Award from the Maintenance Superintendents Association Sponsors: Indexes: Code sections: Attachments: Action ByDate Action ResultVer. City Council1/16/2018 1 Subject: Proclamation recognizing Roger Lee, Assistant Director of Public Works, for receiving the 2017 Jerry D. Scott Outstanding Superintendent of the Year Award from the Maintenance Superintendents Association Present proclamation recognizing Roger Lee, Assistant Director of Public Works, for receiving the 2017 Jerry D. Scott Outstanding Superintendent of the Year Award from the Maintenance Superintendents Association CITY OF CUPERTINO Printed on 1/10/2018Page 1 of 1 powered by Legistar™13 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:118-3522 Name: Status:Type:Postponements Agenda Ready File created:In control:1/10/2018 City Council On agenda:Final action:1/16/2018 Title:Subject: Item No. 15 to consider a revised request for General Plan amendment authorization to demolish the existing ~71,254 sq.ft. Oaks Shopping Center and construct a mixed-use development (Westport Cupertino) at the site. (Application No.(s): GPAAuth-2017-02; Applicant: KT Urban (Mark Tersini); Location: 21267 Stevens Creek Boulevard; APN: 326-27-039, -040 and -041). Continued from December 5, 2017. The applicant has withdrawn the application and the public hearing is cancelled. The applicant has withdrawn the application and the public hearing is cancelled. Sponsors: Indexes: Code sections: Attachments: Action ByDate Action ResultVer. City Council1/16/2018 1 Subject: Item No. 15 to consider a revised request for General Plan amendment authorization to demolish the existing ~71,254 sq.ft. Oaks Shopping Center and construct a mixed-use development (Westport Cupertino) at the site. (Application No.(s): GPAAuth-2017-02; Applicant: KT Urban (Mark Tersini); Location: 21267 Stevens Creek Boulevard; APN: 326-27- 039, -040 and -041). Continued from December 5, 2017. The applicant has withdrawn the application and the public hearing is cancelled.The applicant has withdrawn the application and the public hearing is cancelled. CITY OF CUPERTINO Printed on 1/10/2018Page 1 of 1 powered by Legistar™14 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:117-3296 Name: Status:Type:Consent Calendar Agenda Ready File created:In control:11/13/2017 City Council On agenda:Final action:1/16/2018 Title:Subject: Approve the December 19 City Council minutes Sponsors: Indexes: Code sections: Attachments:A - Draft Minutes Action ByDate Action ResultVer. City Council1/16/2018 1 Subject: Approve the December 19 City Council minutes Approve the December 19 City Council minutes CITY OF CUPERTINO Printed on 1/10/2018Page 1 of 1 powered by Legistar™15 DRAFT MINUTES CUPERTINO CITY COUNCIL Tuesday, December 19, 2017 SPECIAL CITY COUNCIL MEETING At 6:00 p.m. Mayor Darcy Paul called the Special City Council meeting to order in the City Hall Conference Room A, 10300 Torre Avenue. Present: Mayor Darcy Paul, Vice Mayor Rod Sinks, and Councilmembers Barry Chang and Steven Scharf. Absent: Savita Vaidhyanathan. 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: Public Employee Performance Evaluation (Gov't Code Section 54957). Title: City Attorney Mayor Paul announced that Council received an update and gave direction. 2. Subject: Public Employee Performance Evaluation (Gov't Code Section 54957). Title: City Manager Mayor Paul announced that Council received an update and gave direction. ADJOURNMENT REGULAR CITY COUNCIL MEETING PLEDGE OF ALLEGIANCE At 6:45 p.m. Mayor Darcy Paul called the City Council meeting to order in Cupertino Community Hall Council Chambers, 10350 Torre Avenue and led the Pledge of Allegiance. ROLL CALL 16 City Council Minutes December 19, 2017 2 Present: Mayor Darcy Paul, Vice Mayor Rod Sinks, and Councilmembers Barry Chang and Steven Scharf. Absent: Savita Vaidhyanathan. CEREMONIAL MATTERS AND PRESENTATIONS 1. Subject: Healthy Cities Initiative award Recommended Action: Accept award from Santa Clara County for Healthy Cities Initiative Written communications for this item included a Santa Clara County Health Cities Initiative, 2017 handout. Dr. Sara Cody, County Health Officer and Director of Public Health for Santa Clara County talked about Cupertino’s Safe Routes to School Program. Mayor Paul and Director of Public Works Timm Borden accepted the Healthy Cities Initiative award from Dr. Sara Cody, County Health Officer and Director of Public Health for Santa Clara County. 2. Subject: Teen Commission 2017-2018 Work Plan presentation Recommended Action: Accept the Teen Commission 2017-2018 Work Plan presentation Written communications for this item included a presentation. Sidharth Rajaram, Shivani Sahni, Vanitha Vemula, Madhavan Krishnan, and Emily Chan from the Teen Commission presented the 2017-2018 Work Plan. Council received the Teen Commission 2017-2018 Work Plan presentation. 3. Subject: Presentation from consultants related to the Vallco Specific Plan Recommended Action: That the City Council accept the presentation from consultants related to the Vallco Specific Plan Written communications for this item included emails to Council and consultant presentations. Senior Planner Catarina Kidd introduced the consultants. 17 City Council Minutes December 19, 2017 3 Daniel Parolek from Opticos Design, Bill Lennertz from Opticos Design, Judy Shanley from David J. Powers and Associates, Franziska Church from Fehr and Peers, and Ben Sigman from Economic and Planning Systems gave presentations related to the Vallco Specific Plan. Consultants answered questions from Council. Mayor Paul opened public comment and the following individuals spoke: Josh Barousse (San Jose) on behalf of Silicon Valley At Home Cathy Helgerson (Cupertino) Tracey Edwards (Cupertino) on behalf of League of Women Voters Cupertino- Sunnyvale Jennifer Griffin (Cupertino) David Fung (Cupertino) Mayor Paul closed public comment. Staff and consultants answered questions asked by members of the public. Council received the presentation from consultants related to the Vallco Specific Plan. POSTPONEMENTS Sinks moved and Chang seconded to postpone item number 15 to January 16 and item number 18 to February 20. The motion carried unanimously with Vaidhyanathan absent. ORAL COMMUNICATIONS Cathy Helgerson (Cupertino resident) talked about Lehigh dumping toxins into the Stevens Creek Reservoir. Pete Heller (Cupertino resident) gave kudos to City staff on new bicycle lanes and pedestrian trails. Jennifer Griffin (Cupertino resident) talked about the San Jose Urban Villages project. CONSENT CALENDAR 18 City Council Minutes December 19, 2017 4 Scharf moved and Chang seconded to approve the items on the Consent Calendar as presented with the exception of item numbers 10 and 11 which were pulled for discussion, and item number 15 which was postponed. Ayes: Paul, Sinks, Chang, and Scharf. Noes: None. Abstain: None. Absent: Vaidhyanathan. 4. Subject: Approve the November 27 City Council minutes Recommended Action: Approve the November 27 City Council minutes 5. Subject: Approve the December 5 City Council minutes Recommended Action: Approve the December 5 City Council minutes 6. Subject: Accept Accounts Payable for the period ending November 3, 2017 Recommended Action: Adopt Resolution No. 17-116 accepting Accounts Payable for the period ending November 3, 2017 7. Subject: Accept Accounts Payable for the period ending November 9, 2017 Recommended Action: Adopt Resolution No. 17-117 accepting Accounts Payable for the period ending November 9, 2017 8. Subject: Accept Accounts Payable for the period ending November 17, 2017 Recommended Action: Adopt Resolution No. 17-118 accepting Accounts Payable for the period ending November 17, 2017 9. Subject: Accept Accounts Payable for the period ending December 1, 2017 Recommended Action: Adopt Resolution No. 17-119 accepting Accounts Payable for the period ending December 1, 2017 10. Subject: Adopt a resolution approving the purchase of property at 10301 Byrne Ave (APN 357-11-020). Recommended Action: 1. Adopt Resolution No. 17-120, approving purchase of the property at 10301 Byrne Avenue, Assessors' Parcel Number 357-11-020, from Patricia L. Sievert Living Trust, in the amount of $2,450,000, authorizing the City Manager to execute all necessary documents and related steps to complete the acquisition. 2. Approve increase budget appropriations of $2,450,000 in the General Fund-Non Departmental program for the purchase of the property. Written communications for this item included pictures of the property. 19 City Council Minutes December 19, 2017 5 Director of Recreation and Community Services Jeff Milkes answered questions from Council. Mayor Paul opened public comment and the following individuals spoke: Tara Sreekrishnan (Cupertino resident) Jennifer Griffin (Cupertino resident) Liana Crabtree (Cupertino resident) Mayor Paul closed public comment. Chang moved and Sinks seconded to adopt Resolution No. 17-120, approving purchase of the property at 10301 Byrne Avenue, Assessors' Parcel Number 357 -11-020, from Patricia L. Sievert Living Trust, in the amount of $2,450,000, authorizing the City Manager to execute all necessary documents and related steps to complete the acquisition. 2. Approve increase budget appropriations of $2,450,000 in the General Fund-Non Departmental program for the purchase of the property. The motion carried unanimously with Vaidhyanathan absent. 11. Subject: Agreement with Avocette Technologies, Inc. for professional services in implementing Accela Permitting and Land Management System Recommended Action: Authorize the City Manager to execute a Services Agreement with Avocette Technologies, Inc. in the amount of $299,143 for the implementation of Accela Permitting and Land Management System which represents $139,143 in additional funding above the original June 21, 2017 cont ract of $160,000 for a total of $299,143 Chief Technology Officer Bill Mitchell reviewed the staff report and answered questions from Council. Chang moved and Scharf seconded to authorize the City Manager to execute a Services Agreement with Avocette Technologies, Inc. in the amount of $299,143 for the implementation of Accela Permitting and Land Management System which represents $139,143 in additional funding above the original June 21, 2017 contract of $160,000 for a total of $299,143. The motion carried unanimously with Vaidhyanathan absent. 12. Subject: Second Amendment to the Agreement between the City of Cupertino (City) and Recology Cupertino (Recology) for the Solid Waste Services Franchise Agreement 20 City Council Minutes December 19, 2017 6 Recommended Action: 1. Adopt Resolution 17-121 to approve the Second Amendment to the Solid Waste Services Franchise Agreement, extending the expiration of the current Agreement (November 1, 2010 through January 31, 2019) to January 31, 2021 and including an option to negotiate a new ten year agreement with Recology that could begin as early as January 31, 2021, contingent upon Recology meeting Second Amendment requirements; and 2. Authorize a payment of $5,365 to Recology Cupertino from the Resource Recovery fund 520-81-801 to cover additional costs to process commercial organic materials collected in calendar year 2016. 13. Subject: Establish a Zero Waste Policy for the City of Cupertino Recommended Action: Adopt Resolution 17-122 to establish and authorize a Zero Waste Policy for the City of Cupertino 14. Subject: 2018 Pavement Maintenance Project, Project No. 2018-101 contract award Recommended Action: Authorize the City manager to award a contract to G. Bortolotto & Co. in the amount of $3,077,777 and approve a construction contingency of $307,000, for a total of $3,384,777. 15. Subject: 2017-18 Comprehensive Facility Condition and Use Assessments Recommended Action: Authorize the City Manager to negotiate and execute the 2017-18 Comprehensive Facility Condition and Use Assessments agreement with The KPA Group within the established budget of $200,000. Written communications for this item included a supplemental staff report. Under Postponements, this item was continued to January 16, 2018. SECOND READING OF ORDINANCES 16. Subject: Second reading of an ordinance to establish regulations regarding adult use (recreational) and medicinal marijuana by adding a new Chapter 10.84, Medicinal and Adult Use of Marijuana, in Title 10, amending Chapter 19.08, Definitions, to repeal definitions related to Marijuana and amending Chapter 19.98, Medical Marijuana, to update and reference the newly established Chapter. (Application No(s).: MCA-2017-04; Applicant(s): City of Cupertino; Location: Citywide) Recommended Action: That the City Council conduct the second reading and enact Ordinance No. 17-2169: “An Ordinance of the City Council of the City of Cupertino adding Chapter 10.84 titled “Medicinal and Adult Use of Marijuana” to Title 10 of the 21 City Council Minutes December 19, 2017 7 Cupertino Municipal Code; amending Section 19.08.030 to repeal Definitions related to Marijuana; and amending Chapter 19.98 to reference the newly adopted ordinance.” Principal Planner Piu Ghosh reviewed the staff report. City Clerk Grace Schmidt read the title of the ordinance. Chang moved and Sinks seconded to read Ordinance No. 17-2169 by title only and that the City Clerk’s reading would constitute the second reading thereof. Ayes: Paul, Sinks, Chang, and Scharf. Noes: None. Abstain: None. Absent: Vaidhyanathan. Chang moved and Sinks to enact Ordinance No. 17-2169. Ayes: Paul, Sinks, Chang, and Scharf. Noes: None. Abstain: None. Absent: Vaidhyanathan. PUBLIC HEARINGS 17. Subject: Consider an ordinance to amend regulations in Title 19, Zoning of the Municipal Code with regard to Accessory Dwelling Units, including Chapter 19.08, Definitions, and Chapter 19.112, Accessory Dwelling Units in R-1, RHS, A and A-1 zones (Application No(s).: MCA-2017-05; 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. 17-2170: “An Ordinance of the City Council of the City of Cupertino amending Chapter 19.08, Definitions and Chapter 19.112, Accessory Dwelling Units in R-1, RHS, A and A-1 Zones (Residential Zoning Districts) to conform to new state laws.” Written communications for this item included a letter to Council and a staff presentation. Principal Planner Piu Ghosh reviewed the staff report. Mayor Paul opened the public hearing and the following individuals spoke: Josh from Silicon Valley At Home Jennifer Griffin (Cupertino resident) Mayor Paul closed the public hearing. City Clerk Grace Schmidt read the title of the ordinance. 22 City Council Minutes December 19, 2017 8 Chang moved and Scharf seconded to find that the proposed actions are exempt from CEQA and to read Ordinance No. 17-2170 by title only and that the City Clerk’s reading would constitute the first reading thereof. Ayes: Paul, Sinks, Chang, and Scharf. Noes: None. Abstain: None. Absent: Vaidhyanathan. ORDINANCES AND ACTION ITEMS 18. Subject: Adopt the 2017 Cupertino Pedestrian Transportation Plan and Mitigated negative Declaration for the 2017 Cupertino Pedestrian Transportation Plan Recommended Action: Adopt Resolution No. 17-123 adopting the 2017 Cupertino Pedestrian Transportation Plan and the Mitigated Negative Declaration for the 2017 Cupertino Pedestrian Transportation Plan Written communications for this item included a supplemental staff report. Under Postponements, this item was continued to February 20, 2018. REPORTS BY COUNCIL AND STAFF 19. Subject: Report on Committee assignments and general comments Recommended Action: Report on Committee assignments and general comments City Manager David Brandt noted that City Hall would be closed for the holiday next week, the first meeting in January has been cancelled, and the next meeting would be January 16. Councilmembers highlighted the activities of their committees and various community events. ADJOURNMENT At 9:50 p.m., Mayor Paul adjourned the meeting. _______________________ Grace Schmidt, City Clerk 23 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:117-3406 Name: Status:Type:Consent Calendar Agenda Ready File created:In control:12/7/2017 City Council On agenda:Final action:1/16/2018 Title:Subject: Accept Account Payable for the period ending October 27, 2017 Sponsors: Indexes: Code sections: Attachments:A - Draft Resolution B - AP Report Action ByDate Action ResultVer. City Council1/16/2018 1 Subject: Accept Account Payable for the period ending October 27, 2017 Adopt Resolution No. 18-001 accepting Accounts Payable for the period ending October 27, 2017 CITY OF CUPERTINO Printed on 1/10/2018Page 1 of 1 powered by Legistar™24 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 October 27, 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: _____________________________ Zach Korach, Finance Manager PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 16th day of January, 2018, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: _________________________ ________________________ Grace Schmidt, City Clerk Darcy Paul, Mayor City of Cupertino 25 26 27 28 29 30 31 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:118-3486 Name: Status:Type:Consent Calendar Agenda Ready File created:In control:1/3/2018 City Council On agenda:Final action:1/16/2018 Title:Subject: Accept Accounts Payable for the period ending November 11, 2017 Sponsors: Indexes: Code sections: Attachments:A - Draft Resolution B - AP Report Action ByDate Action ResultVer. City Council1/16/2018 1 Subject: Accept Accounts Payable for the period ending November 11, 2017 Adopt Resolution No. 18-002 accepting Accounts Payable for the period ending November 11, 2017 CITY OF CUPERTINO Printed on 1/10/2018Page 1 of 1 powered by Legistar™32 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 November 22, 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: _____________________________ Zach Korach, Finance Manager PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 16th day of January, 2018, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: _________________________ ________________________ Grace Schmidt, City Clerk Darcy Paul, Mayor City of Cupertino 33 34 35 36 37 38 39 40 41 42 43 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:118-3487 Name: Status:Type:Consent Calendar Agenda Ready File created:In control:1/3/2018 City Council On agenda:Final action:1/16/2018 Title:Subject: Accept Accounts Payable for the period ending December 8, 2017 Sponsors: Indexes: Code sections: Attachments:A - Draft Resolution B - AP Report Action ByDate Action ResultVer. City Council1/16/2018 1 Subject: Accept Accounts Payable for the period ending December 8, 2017 Adopt Resolution No. 18-003 accepting Accounts Payable for the period ending December 8, 2017 CITY OF CUPERTINO Printed on 1/10/2018Page 1 of 1 powered by Legistar™44 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 December 8, 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: _____________________________ Zach Korach, Finance Manager PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 16th day of January, 2018, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: _________________________ ________________________ Grace Schmidt, City Clerk Darcy Paul, Mayor City of Cupertino 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:118-3507 Name: Status:Type:Consent Calendar Agenda Ready File created:In control:1/8/2018 City Council On agenda:Final action:1/16/2018 Title:Subject: Accept Accounts Payable for the period ending December 15, 2017 Sponsors: Indexes: Code sections: Attachments:A - Draft Resolution B - AP Report Action ByDate Action ResultVer. City Council1/16/2018 1 Subject: Accept Accounts Payable for the period ending December 15, 2017 Adopt Resolution No. 18-004 accepting Accounts Payable for the period ending December 15, 2017 CITY OF CUPERTINO Printed on 1/10/2018Page 1 of 1 powered by Legistar™62 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 December 15, 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: _____________________________ Zach Korach, Finance Manager PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 16th day of January, 2018, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: _________________________ __________________________________ Grace Schmidt, City Clerk Darcy Paul, Mayor, City of Cupertino 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:118-3508 Name: Status:Type:Consent Calendar Agenda Ready File created:In control:1/8/2018 City Council On agenda:Final action:1/16/2018 Title:Subject: Accept Accounts Payable for the period ending December 22, 2017 Sponsors: Indexes: Code sections: Attachments:A - Draft Resolution B - AP Report Action ByDate Action ResultVer. City Council1/16/2018 1 Subject: Accept Accounts Payable for the period ending December 22, 2017 Adopt Resolution No. 18-005 accepting Accounts Payable for the period ending December 22, 2017 CITY OF CUPERTINO Printed on 1/10/2018Page 1 of 1 powered by Legistar™82 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 December 22, 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: _____________________________ Zach Korach, Finance Manager PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 16th day of January, 2018, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: _________________________ __________________________________ Grace Schmidt, City Clerk Darcy Paul, Mayor, City of Cupertino 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:118-3509 Name: Status:Type:Consent Calendar Agenda Ready File created:In control:1/8/2018 City Council On agenda:Final action:1/16/2018 Title:Subject: Accept Accounts Payable for the period ending December 29, 2017 Sponsors: Indexes: Code sections: Attachments:A - Draft Resolution B - AP Report Action ByDate Action ResultVer. City Council1/16/2018 1 Subject: Accept Accounts Payable for the period ending December 29, 2017 Adopt Resolution No. 18-006 accepting Accounts Payable for the period ending December 29, 2017 CITY OF CUPERTINO Printed on 1/10/2018Page 1 of 1 powered by Legistar™102 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 December 29, 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: _____________________________ Zach Korach, Finance Manager PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 16th day of January, 2018, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: _________________________ __________________________________ Grace Schmidt, City Clerk Darcy Paul, Mayor, City of Cupertino 103 104 105 106 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:117-3450 Name: Status:Type:Consent Calendar Agenda Ready File created:In control:12/20/2017 City Council On agenda:Final action:1/16/2018 Title:Subject: Adopt a resolution increasing the employer's contribution for medical and hospitalization insurance consistent with the Meyers-Geddes State Employees Medical and Hospital Care Act for the Unrepresented (Management and Confidential), Cupertino Employees' Association (Employees Association), Operating Engineers, Local Union No. 3 (Operating Engineers), Appointed (City Attorney), Elected Official groups and retired annuitants. Sponsors: Indexes: Code sections: Attachments:Staff Report A - Draft Resolution Action ByDate Action ResultVer. City Council1/16/2018 1 Subject: Adopt a resolution increasing the employer's contribution for medical and hospitalization insurance consistent with the Meyers-Geddes State Employees Medical and Hospital Care Act for the Unrepresented (Management and Confidential), Cupertino Employees' Association (Employees Association), Operating Engineers, Local Union No. 3 (Operating Engineers), Appointed (City Attorney), Elected Official groups and retired annuitants. Adopt Resolution No. 18-007 increasing the employer's contribution for medical and hospitalization insurance for employees under the Unrepresented, Cupertino Employees' Association, Operating Engineers, Local Union No. 3, Appointed, Elected Officials, and retired annuitant groups. CITY OF CUPERTINO Printed on 1/10/2018Page 1 of 1 powered by Legistar™107 ADMINISTRATIVE SERVICES DEPARTMENT CITY HALL 10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3220 www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: January 16, 2018 Subject Adopt a resolution increasing the employer's contribution for medical and hospitalization insurance consistent with the Meyers-Geddes State Employees Medical and Hospital Care Act for the Unrepresented (Management and Confidential), Cupertino Employees’ Association (Employees Association), Operating Engineers, Local Union No. 3 (Operating Engineers), Appointed (City Attorney), Elected Official groups and retired annuitants. Recommended Action Adopt the Draft Resolution increasing the employer's contribution for medical and hospitalization insurance for employees under the Unrepresented, Cupertino Employees’ Association, Operating Engineers, Local Union No. 3, Appointed, Elected Officials, and retired annuitant groups. Description On October 4, 2016, City Council approved a three year Memorandum of Understanding (MOU) that extends through June 30, 2019 for Cupertino Employees’ Association and the Operating Engineers, Local Union No. 3. The MOU’s include an increase in the City's health contribution for employee medical insurance effective January 1, 2018 for employee with self -coverage ($769.95/month), employee plus one dependent ($1,308.92/month), and employee plus 2 or more dependents ($1,701.60/month). The same benefit has been extended to the Unrepresented, Appointed, and Elected Official groups for the January 16, 2018 City Council meeting. Adoption of the attached resolution fulfills reporting requirements associated with the Meyers-Geddes Act. Sustainability Impact No sustainability impact. 108 Fiscal Impact This will increase the City’s retiree annuitant medical contribution by $39,130. No budget adjustments are requested because the cost was factored in when calculating total costs of MOU’s that were approved by City Council on October 4, 2016. ___________________________________________ Prepared by: Maria Jimenez, HR Analyst II/Benefits Reviewed by: Kristina Alfaro, Director of Administrative Services Approved for Submission by: David Brandt, City Manager Attachments: A – Draft Resolution 109 RESOLUTION NO. 18- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO FIXING THE EMPLOYER CONTRIBUTION AT AN EQUAL AMOUNT FOR EMPLOYEES AND ANNUITANT UNDER THE PUBLIC EMPLOYEES’ MEDICAL AND HOSPITAL CARE ACT WHEREAS, (1) City of Cupertino is a contracting agency under Government Code Section 22920 and subject to the Public Employees’ Medical and Hospital Care Act (the “Act”); and WHEREAS, (2) Government Code Section 22892(a) provides that a contracting agency subject to Act shall fix the amount of the employer contribution by resolution; and WHEREAS, (3) Government Code Section 22892(b) provides that the employer contribution shall be an equal amount for both employees and annuitants, but may not be less than the amount prescribed by Section 22892(b) of the Act; and RESOLVED, (a) That the employer contribution for each employee or annuitant shall be the amount necessary to pay the full cost of his/her enrollment, including the enrollment of family members, in a health benefits plan up to a maximum of: Medical Group 2018 Monthly Employer Contribution Single Two-Party Family 001 Management $769.95 $1,308.92 $1,701.60 002 Confidential $769.95 $1,308.92 $1,701.60 003 Employees Association $769.95 $1,308.92 $1,701.60 004 Operating Engineers $769.95 $1,308.92 $1,701.60 005 City Attorney $769.95 $1,308.92 $1,701.60 Plus administrative fees and Contingency Reserve Fund assessments; and be it further RESOLVED, (b) City of Cupertino has fully complied with any and all applicable provisions of Government Code Section 7507 in electing the benefits set forth above; and be it further 110 RESOLVED, (c) That the participation of the employees and annuitants of City of Cupertino shall be subject to determination of its status as an “agency or instrumentality of the state or political subdivision of a State” that is eligible to participate in a governmental plan within the meaning of Section 414(d) of the Internal Revenue Code, upon publication of final Regulations pursuant to such Section. If it is determined that City of Cupertino would not qualify as an agency or instrumentality of the state or political subdivision of a State under such final Regulations, CalPERS may be obligated, and reserves the right to terminate the health coverage of all participants of the employer. RESOLVED, (d) That the executive body appoint and direct, and it does hereby appoint and direct, City Clerk to file with the Board a verified copy of this resolution, and to perform on behalf of City of Cupertino all functions required of it under the Act. Passed and Adopted at a regular meeting of the City Council of Cupertino, this 16th day of January 2018, by the following vote: Vote: Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: ______________________ __________________________________ Grace Schmidt, City Clerk Darcy Paul, Mayor, City of Cupertino 111 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:117-3453 Name: Status:Type:Consent Calendar Agenda Ready File created:In control:12/20/2017 City Council On agenda:Final action:1/16/2018 Title:Subject: 2017/18 Comprehensive Facility Condition and Use Assessments Sponsors: Indexes: Code sections: Attachments:Staff Report A - Request for Proposal for the 2017/18 Comprehensive Facility Condition and Use Assessments B - KPA Proposal dated December 27, 2017 C - Condition Assessment Checklist for Primary Facilities D - Condition Assessment Checklist for Secondary Facilities Action ByDate Action ResultVer. City Council1/16/2018 1 Subject: 2017/18 Comprehensive Facility Condition and Use Assessments Authorize the City Manager to negotiate and execute the 2017/18 Comprehensive Facility Condition and Use Assessments agreement with The KPA Group for an amount of $198,720 and approve a contingency of $1,280 for a total of $ $200,000 CITY OF CUPERTINO Printed on 1/10/2018Page 1 of 1 powered by Legistar™112 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: January 16, 2018 Subject 2017/18 Comprehensive Facility Condition and Use Assessments. Recommended Action Authorize the City Manager to negotiate and execute the 2017/18 Comprehensive Facility Condition and Use Assessments agreement with The KPA Group for an amount of $198,720 and approve a contingency of $1,280 for a total of $ $200,000. Discussion The 2017/18 Comprehensive Facility Condition and Use Assessments project includes a scope of work that will assess the condition of nearly every City owned facility. These assessments, depending on the selected buildings, may include but are not limited to:  Health and life safety systems  Seismic evaluation  ADA compliance  Mechanical, electric and plumbing evaluation  Building envelope evaluation  Energy use efficiency  Space use efficiency The Public Works Department maintains various lists of consultants that have completed a Request for Qualifications process to be considered qualified to perform a wide variety of work. One such list is for architectural services. Of the six firms on this list, two firms submitted experience in conducting building condition assessments. These two firms were Innovative Resources and The KPA Group (KPA). On November 14, 2017, Public Works staff completed an oral review panel to further evaluate the qualifications in completing this type of work with the two consultants. At the conclusion of this process, KPA was determined most qualified and invited to prepare a proposal based on a defined scope of work. Staff received the KPA proposal on the deadline date of December 14, 2017 in the amount of $946,727. During the qualification process KPA had been informed of the $200,000 available budget for this project. As their proposal was significantly high, a follow-up meeting with the Principal Architect of KPA occurred on December 19, 2017. The purpose of the meeting was to compare the defined scope of work with that detailed in the KPA proposal and to ensure that KPA was not duplicating any 113 previously completed studies. These studies include, but were not limited to, seismic analyses at City Hall and accessibility studies at various City facilities. Subsequent to the follow-up meeting and upon further review of completed studies, KPA resubmitted a proposal in the amount of $198,720. For this proposal amount a comprehensive scope of work will be completed by KPA. To support the project, City staff will be instrumental in providing to KPA all known facility information in addition to facilitating internal discussions regarding space use efficiencies. Work is scheduled to be complete at City Hall by the end of February and all work is scheduled for completion within seven months. Sustainability Impact No sustainability impact. CEQA Exempt Fiscal Impact Authority to execute this agreement will be contingent on the proposal being acceptable and within the existing project budget of $200,000 in the Service Center Administration operating budget 100-83-807. No additional funding is being recommended at this time. _____________________________________ Prepared by: Roger Lee, Assistant Director of Public Works Reviewed by: Timm Borden, Director of Public Works Approved for Submission by: David Brandt, City Manager Attachment: A - Request for Proposal for the 2017/18 Comprehensive Facility Condition and Use Assessments project B – KPA Proposal dated December 27, 2017 C - Condition Assessment Checklist for Primary Facilities D - Condition Assessment Checklist for Secondary Facilities 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 December 27, 2017 Roger Lee Assistant Director of Public Works City of Cupertino 10300 Torre Ave. Cupertino, CA 95014 Subject: 2017-2018 Comprehensive Facility Condition and Use Efficiency Assessments Dear Mr. Lee, The KPA Group has prepared this scope of services and fee for the architectural/engineering services for the Comprehensive Facility Condition, Energy and Use Efficiency Assessments of the following City- owned facilities: Category Building SF CH City Hall 23,040 Primary Senior Center 15,500 Sports Center 16,750 Quinlan Community Center 28,695 Service Center 18,439 Admin Bldg. Shops & Mechanic Bldg. Welding Bldg. Blackberry Farm 16,582 Retreat Center & Garage Pool Pump Bldg. Trail Restroom Lifeguard Bldg. Trailauxiliary Bldg. Kiosk Cafe Golf Course Maint Bldg. 146 Primary Historic House Stocklmeirs House (3) McClellan Ranch Park 4,895 House/Gift Shop Nature Museum Milk Barn Bldg. Barn Barn Shed 4C'S Monta Vista 12,236 Gymnastics Bldg. Pre-school Bldg. Snack Shack Secondary Creekside Park 1,750 Kennedy Sports Field 744 Jollyman Park 529 Portal Park 1,857 Restrooms Rec Bldg. Wilson Park 2,369 Rec Bldg. Restroom Snack Shack Traffic Maint Yard 1,532 Building 1 Building 2 Memorial Park 1,035 Restrooms Shed By Restroom Shed By Field Gazebo Cargo Container Miscellaneous Bldgs. (7) 2,169 Eaton Elementary School Garden Gate School Hyde Jr. High Linda Vista Park Rests. & Shed Mann Cr. Pump Station Mercedes Tank - Maintenance Shed Regnart School - Arc Supply Shed Table 1.1 – Facilities by Category 147 PROJECT UNDERSTANDING The City of Cupertino requires a general evaluation of the physical condition, maintenance requirements and program deficiencies of fifty-one (51) City-owned facilities. The properties require a different level of detail for their assessments, studies and recommendation summaries. Cupertino City Hall is the priority and demands a more comprehensive report. SCOPE OF SERVICES This document provides a scope of services for the assessment of the City-owned structures and related work. In addition, this report includes deliverable samples and a detailed fee spreadsheet. The facilities have been organized into three (3) categories: City Hall (CH), Primary Facilities and Secondary Facilities, refer to table 1.1 for more information. KPA proposes to divide the project into the following task assignments: Task 1: Project Management Task 2: Data Collection and Analysis Task 3: Client Meetings Task 4: Questionnaire Task 5: City Hall Report Task 6: Facility Program Task 7: Field Assessments & Costs Task 8: Report Task 9: Return Visits Task 1: Project Management The project manager has to regularly coordinate the project in its entirety. As contract administrator, the project manager will be the point of contact between the City and design team. His responsibilities include: meeting or calling City officials and discussing project goals, obtaining data, work progress, strategies, site visit schedules, assessment findings/recommendations and overview of building deficiency reports. He will guide KPA professionals during tasks. The project manager leads the QA/QC process and coordinates in-house team meetings, project schedules and report development. Task 2: Data Collection and Analysis KPA will collaborate with City personnel to gather and/or discuss existing information such as, but not limited to, construction drawings, seismic evaluations, structural calculations, MEP and ADA studies. This data will enable KPA and the City to answer relevant questions and evaluate project goals. Having enough information from each building will help KPA and the City to make informed decisions in how to proceed during the assessment phase. Our team will organize, study and analyze the provided information before visiting each facility. This data will be included in the Final Report as part of the appendix. 148 Task 3: Client Meetings The KPA team proposes the following meetings with City officials: 1. Project Kick-Off Meeting o Project introduction. o Data collection - Existing information sharing. o Major general concerns per building discussion. o Establish project main goals. o Define questionnaire content. o Facility field visits/access discussion - Develop the first phase of facility assessment schedule. The first phase includes City Hall and other primary facilities. 2. City Hall and Report Layout Meeting o It will take place after KPA reviewed questionnaire, field assess and documented findings of City Hall. o Discuss questionnaire findings for City Hall. o Examine City Hall field assessment findings and recommendations. o Using City Hall report as a templated, KPA and City will discuss general report layout. 3. Status Meeting – Primary Facilities o It will take place after KPA reviewed questionnaire, field assessed and documented finding of primary facilities. o Discuss questionnaire findings for primary facilities. o Examine primary facilities assessment findings and recommendations. o Report update. 4. Status Meeting – Secondary Facilities o It will take place after KPA field assessed and documented finding of secondary facilities. o Examine secondary facilities findings and recommendations. o Final draft report review. 5. Cost, Facility Programs and Recommendations Meeting o Review cost estimates. o Discuss facility programs concerns and alternatives. o Final draft report submittal. 6. Project Close-Out Meeting o Final report submittal. o Review overall project findings and recommendations. 149 Task 4: Questionnaire KPA, in collaboration with the City, will create a data-poll of existing facility staff to understand the current operations, capacities and deficiencies of the following facilities: City Hall, Senior Center, Quinlan Community Center, Service Center Administration Building and Blackberry Farm Retreat Center. It is the responsibility of the City to distribute to users/staff and return fill out forms. The survey will be used to develop a facility program that studies the present building deficiencies and opportunities. A sample questionnaire is attached. 1 General Data Name Title or Position Department Present Location (building, section, floor, room no., etc.) Date Information Submitted 6 To what extent is visual privacy necessary in your meetings? _____ My job does not require me to hold meetings. _____ None of my meetings require visual privacy. _____ Some of my meetings require visual privacy. _____ Most of my meetings require visual privacy. _____ All of my meetings require visual privacy. 2 When you are in your office/work space, how is the space used? Please describe the kinds of work activities and processes that go on in your work/office space in a typical month by estimating the percentage of time you spend on each of the following in that space: Percentage (%) _____% Writing/dictating (letters, reports and memos) _____% Reading (letters, reports, memos, etc.) _____% Typing, word processing, calculating _____% Filing/retrieving files _____% Meeting with others _____% Talking on the telephone _____% Other—describe 7 To what extent is acoustical privacy necessary in your meetings? _____ My job does not require me to hold meetings. _____ None of my meetings require acoustical privacy. _____ Some of my meetings require acoustical privacy. _____ Most of my meetings require acoustical privacy. _____ All of my meetings require acoustical privacy. 3 How often do you have to schedule meetings in rooms other than your office/work space because your regularly assigned space is too small, inadequately equipped, or insufficiently private? _____ Once a day _____ Once a week _____ Once a month _____ Never _____ My job does not require me to hold meetings. 8 Please check off on the list below any furniture items located outside your immediate office/work space that you share with others: _____ Desk _____ Work table or credenza _____ Conference table _____ Bookcase(s) _____ File cabinet(s) _____ Other (please describe) 4 If you use your office/work space for meetings, discussions, or interviews, typically how many people are present, not including you? _____ No meetings are held in my office/work space _____ One person other than me _____ Two persons _____ Three persons _____ Four or more persons other than me 9 How do such space and furniture sharing arrangements interfere with your productivity? _____ Not at all _____ Computer not available _____ Not enough file space _____ Not enough privacy _____ Not enough workspace 5 If you had the space available in your own office/work space, would your work be made more effective by having people attend such meetings? If so, please indicate ideally how many people your work space should accommodate: _____ The same # of people I indicated for item 4 _____ One person other than me _____ Two persons _____ Three persons _____ Four or more persons other than me 10 How much information that you receive or produce do you store or file for future reference (as opposed to discarding it)? _____ 75% or more _____ 50% to 74% _____ 25% to 49% _____ 0% to 24% Table 1.2 for City Hall Questionnaire Sample 150 Task 5: City Hall Report Completing the City Hall report is a schedule priority and KPA will submit a Draft Report of this facility at the end of February 2018. The report layout will be created while documenting all information for this facility. Additional comprehensive material will be provided for City Hall, including:  Facility program considering current and future needs by department.  One (1) day space planning charrette – Two (2) conceptual options (hand-drawing diagrams only).  ADA compliance study.  Analysis of seismic evaluation provided by City with recommended measurements.  General cost estimate for each facility program alternate.  Walk-thru, photograph and physical evaluation divided by facility departments. Task 6: Facility Program In collaboration with the city, KPA will collect, organize and analyze existing data to prioritize buildings (City Hall, Senior Center, Quinlan Community Center, Service Center Administration Building and Blackberry Farm Retreat Center). A draft facility program will be created for the facilities listed. A Facility Program working session lead by KPA and City officials will be held. During this three (3) day Charrette, KPA will study the survey information and develop draft facility programs that include the present building capacities, deficiencies and opportunities of the selected buildings as well as 10 year facility use projections and facility renovation, expansion or replacement recommendations. This draft document will: • Identification and description of the facilities problems o Quantitative problems – (space, furniture, etc.) o Qualitative problems – (involving the nature of the space or other facility attributes) • Identification of the factor(s) that influence the existence and/or magnitude of facility problems • Data to show factors affecting the facilities, if provided by the City. • Future projection of facility’s needs, if provided by the City. • Description of consequences cause by facilities problem(s) • Discussion of how deficiencies affect the ability of the agency to attain its mission and goals. • Develop a draft program for each facility that addresses current and future needs. In addition, the proposed program should present solutions for facility deficiencies. • Identification of alternative solutions with cost effectiveness analysis. o One (1) alternative that does not involve a capital project such as managing, changing and maintaining of operations and services under current conditions. Another option could be changing internal policies or practices. o One (1) alternative that involves a capital project, such as the construction of a new facility, renovation or upgrade of an existing facility. 151 Task 7: Field Assessments & Costs A. Primary Facilities: o Building health/life condition checklist  KPA’s field assessment team will walk-thru each facility, observe the physical state of building elements and assess each facility’s maintenance needs related to the following elements: • Site/ Landscape • Building Envelope • Building Interior • Building Structural  This building condition assessment will provide the City with general building deficiencies and forecasts future, maintenance and repair requirements. o Photos as needed to report general condition and major issues. o General ADA compliance observation checklist  KPA will analyze existing ADA compliance studies; observe major physical barriers; discuss with ADA deficiencies such as accessible entry, handicap parking availability, stairs, ramps, railings and barrier free routes.  KPA will not measure building components (including but not limited to doors, corridor, ramps and bathrooms stalls) to determine ADA Compliance. o Code compliance observation  KPA will help the City identify main code compliance issues in primary facilities. o MEP systems condition checklist  KPA will observe and document major mechanical, electrical and plumbing systems condition. • Electrical, mechanical and plumbing fixtures and equipment will be excluded on this assessment. • If more information is required to determine life span of a system and with City’s approval, an engineer can be hire as an additional service. o Analysis of existing seismic evaluations for City Hall only.  KPA will study and analyze existing seismic evaluations for City Hall provided by the City. A summary of findings and recommendations will be included on the report. KPA will not evaluate the accuracy of existing seismic evaluations and we are not responsible for errors and omitted information in the existing reports. o Field Report of primary facilities will include major findings, buildings general condition recommendations and preliminary cost estimates for main components of each building. o Refer to Attachment A: Condition Assessment Checklist for Primary Facilities 152 B. Secondary Facilities by group o Building health/life condition checklist  KPA’s field assessment team will walk-thru each facility, observe the physical state of building elements and assess each facility’s maintenance needs related to the following elements: • Site/Landscape • Building Envelope • Building Interior • Building Structural  This secondary group condition assessment will provide the City with general building deficiencies and forecasts future, maintenance and repair requirements per group. o Photos as needed to report general condition and major issues. o General ADA compliance observation for public bathrooms only in the following secondary facilities: Creekside Park, Kennedy Sports Field, Jollyman Park, Memorial Park, Portal Park, Wilson Park and Traffic Maint. o General MEP systems condition checklist  KPA will document overall building mechanical, electrical and plumbing systems condition from healthy to deteriorate. o Refer to Attachment B: Condition Assessment Checklist for Secondary Facilities Task 8: Report KPA will develop a report summarizing existing information collected from the City, photos, field assessments and City discussions. Observed significant physical deficiencies are documented and opinions of probable costs are prepared for necessary repairs or replacements. The report will be divided between primary facilities and secondary facilities. Each building will have the following information: Section 1 - Facility Description. This section consists of general facility information. • Location • Year built and renovated • Type of construction • Gross area • Building function • Date of field survey • Exterior descriptions and notes • Overall repairs/maintenance cost • General condition of facility Section 2 – Field Assessment Checklist • See attachment A for Primary Facility Assessment Checklist • See attachment B for Secondary Facility Assessment Checklist 153 Section 3 – Building Report • Summary of findings • Summary of recommendations • General cost estimate • Time frame – Priority • Refer to the following table for report sample summary table: Category Finding Recommendation Time Frame Cost Site/Landscape Perimeter Fencing Broken Replace 3 to 6 months $ 1,000 Exterior Furniture Paint Damage Painted 3 to 4 years $ 500 ADA Compliance Exterior railings Broken Repair 6 to 1 year $ 500 Exterior Envelope Gutters Clogs Clean 3 to 6 months $ 2,000 Exterior finish Old paint Painted 3 to 4 years $15,000 Window Broken Replace 3 to 6 months $ 3,000 Interior Elements ACT Old Replace 2 to 3 years $ 20,000 Total Cost $ 42,000 Table 1.3 - Facility Report Table Sample Section 4 – Photo-documentation This section includes photographs of general facilities conditions and findings. For primary category facilities KPA will document a minimum of eight (8) photos. Each facility condition and type vary and KPA will photo-documented accordingly. Also, for secondary facilities four (4) pictures per group and at least two (2) of each building. Picture type samples follow: • Building main entry • Other building access (for primary facilities only) • Means of egress • Typical building envelope • Typical interior condition (floor, wall and ceiling) • Structural condition (foundation, columns and beams) • General bathrooms condition • MEP systems • Site general conditions • Accessible compliance findings Section 5 – Appendix • Existing ADA studies • Existing seismic evaluations • Existing energy saving analysis • Any other existing study and/or report provided by the City will be attached to corresponding building 154 Task 9: Return Visit After completing facility field assessments, some issues or questions may emerge. KPA may return to a facility and reassess conditions to answer any previously stated question or recommendation accurately. Project Deliverables • One (1) bound Progress Report for City Hall • One (1) bound copy of Progress Report for Primary Facilities’ Condition Assessments • One (1) bound copy of Progress Report for Secondary Facilities’ Condition Assessments • Three (3) bound and one (1) electronic copy of City Hall Final Report • Three (3) bound and one (1) electronic copy of Final Report Schedule The Architect will complete the Facility Assessment and Program of the City Hall within 60 days after Notice to Proceed (NTP) and the City Hall Report within 90 days after NTP. Total estimated schedule for assessment, programming documents and Final Report is 210 days from NTP. City Responsibilities 1. Provide access to existing facilities and departments. 2. Meet with KPA to discuss project needs and updates. 3. Provide copies of available data on existing facilities, such as: a. Existing drawings (plans and interior elevations). Preferably in CAD. b. Existing seismic evaluations c. Existing energy saving analysis d. Existing program/space planning studies e. Current facility program f. Existing space summaries, previous building, space, feasibility or other similar facility studies or master plans. g. Previous cost estimates h. List of deferred maintenance items for each facility, if available. 4. Provide positions of staff and any future staffing projections and facilities needs for 2025. 5. Provide a representative with complete authority to transmit instructions, receive information and provide directives. 6. Distribute questionnaires to staff and users and return responses to KPA. 7. Provide list of future facilities needs for 2025. 8. Meet with users and staff to obtain additional information about current program/space deficiencies. 9. Provide timely review, feedback and directives to maintain project schedule. 155 Scope of Work Exclusions and Clarifications Currently Not Estimated The following work scopes referenced in the RFP are not included in our proposal. • Forensic inspection –KPA will provide an observation of facilities’ conditions without forensic inspections. • Testing – KPA will not perform any building testing and related work, including but not limited to building physical envelope, waterproofing, elevators, lead, asbestos and hazardous materials. • Health/life safety systems evaluation -- Including Code requirements, fire suppression systems, fire alarms, backflow prevention devices, elevators, and emergency power systems. o KPA will notify the City of any major findings. o KPA will develop a general fire suppression system checklist. • Seismic Evaluation – KPA will only study existing seismic data and include it as an appendix with final report. • ADA Compliance –KPA will not measure building components. These observations are not defined as an ADA assessment. o KPA will create an ADA compliance checklist, study existing ADA reports and inform City of observed deficiencies. • Preventative Maintenance (PM) – KPA will not perform PM and related work. • Monthly Reports – KPA will not provide monthly reports. Refer to Deliverables for project submittals. • Electrification Analysis – KPA will not perform Electrification Analysis and related work. • Space Use efficiency assessment - KPA will not perform Space Use efficiency assessments. o We will create a Facility Program. Refer to Task 5: Facility Program for more information. • Review existing facility use by both public and staff. – KPA will not meet and/or review existing facility use with users, public or staff. o KPA will develop a questionnaire to be distributed by City officials to staff. Refer to Task 3: Prepared, Studied and Analyzed Questionnaire. • Facility Energy Efficiency Assessments - KPA will not perform Facility Energy Efficiency Analysis and related work such as savings analysis including providing comprehensive recommendations for capital energy efficiency measures. o Provided facility energy data by the City will be studied and included as an appendix with the final report. • Plumbing system evaluation – KPA will not perform fully plumbing system evaluations. o KPA will observe major plumbing system condition, water stains and galvanized pipes. The plumbing systems checklist will be included in our report. • Time of Completion – KPA will not provide schedules. o KPA will include a time frame in the Facility Report Table. Refer to task 7: Field Report, Section 3: Building Report. • Conveyance Systems: KPA will not assess any conveyance system including but not limited to elevators. 156 Compensation The compensation for the work described under the Scope of Services summarized for each task demand is as follows: Task 1: Project Management $10,575 Task 2: Data Collection and Analysis $1,485 Task 3: Client Meetings $7,080 Task 4: Questionnaire $1,980 Task 5: City Hall Report $23,790 Task 6: Facility Program $15,360 Task 7: Field Assessments $100,665 Task 8: Report $21,225 Task 9: Return Visits $11,160 Task 10: Reimbursable Expenses $5,400 TOTAL $198,720 Refer to following spreadsheet for a detailed fee itemization. We understand that a wide combination of services and depth of services may vary significantly. We will endeavor to bring value to the project and make appropriate adjustments in project approach, fees and work scopes to meet the City’s needs. The Scope of Services and Compensation stated in this proposal are valid for a period of thirty (30) days from date of submission. If authorization to proceed is not received during this period, this proposal may be reviewed and modified by The KPA Group. Sincerely, The KPA Group Paul W. Powers, NCARB, AIA Principal 6700 Koll Center Parkway, Suite 125 Pleasanton, CA 94566 P 925.223.8217 ext 207 M 925.872.0244 paulp@thekpagroup.com 157 Cupertino Fee Proposal | December, 27 2017 2017-2018 Comprehensive Facility Condition and Use Efficiency Assessments Principal Project Manager Designer 240 225 180 1 Project Management 1.1 Contract Administration 4 4 $1,860 1.2 Architectural/Engineering Team Coordination 6 $1,350 1.3 Architectural/Engineering Team Project Meetings 2 6 4 $2,550 1.4 Site Visits Coordination 5 $1,125 1.5 Quality Control Reviews 8 2 $2,160 1.6 Develop Meeting Notes 2 6 $1,530 Subtotal 6 31 12 $10,575 2 Data Collection and Analysis 2.1 Data Collection 1 $225 2.2 Data Organization 2 $360 2.3 Data Analysis 4 $900 Subtotal 0 5 2 $1,485 3 Client & Project Manager Meetings 3.1 Project Kick-Off Meeting 4 4 $1,860 3.2 City Hall and Report Layout Meeting 4 4 $1,620 3.3 Status Meeting – Primary Facilities 4 $900 3.4 Status Meeting – Secondary Facilities 4 $900 3.5 Cost, Facility Programs & Recommendations Meeting 4 $900 3.6 Project Close-Out Meeting 4 $900 Subtotal 4 24 4 $7,080 4 Questionnaire 4.1 Prepare Questionnaires by Facility Type 2 6 $1,530 4.2 Compare Data to Existing Program & Future Projections 2 $450 Subtotal 0 4 6 $1,980 5 City Hall Report 5.1 Develop Report Layout 2 8 $1,890 5.2 Condition Assessment 16 16 $6,480 5.3 ADA Compliance Assessment 8 16 $4,680 5.4 Department Photo Walk-Thru by Department 8 $1,440 5.5 Existing Seismic Evaluation Analysis 6 $1,350 5.6 Cost Estimate per Facility Program Alternate 2 4 $1,380 5.7 One (1) day Space Planning Charrette 8 8 $3,240 5.8 Develop City Hall Report 2 16 $3,330 Subtotal 2 46 72 $23,790 6 Facility Program 6.1 Organize Existing Program Data & Select Facilities 4 8 $2,340 6.2 Three (3) Day Program Charrette 4 24 24 $10,680 6.3 Document Charrette Findings 4 8 $2,340 Subtotal 4 32 40 $15,360 Hours Task Subtotal 158 Cupertino Fee Proposal | December, 27 2017 2017-2018 Comprehensive Facility Condition and Use Efficiency Assessments Principal Project Manager Designer 240 225 180 7 Field Assessment 7.1 Develop Facility Assessment Checklists 1 2 $585 7.2 Assess Primary Facilities - Field Work 8 84 84 $35,940 7.2a Senior Center 12 12 7.2b Sports Center 12 12 7.2c Quinlan Community Center 16 16 7.2d Service Center 12 12 7.2e Blackberry Farm 12 12 7.2f Mcclellan Ranch Park 8 8 7.2g Monta Vista 12 12 7.3 Document Primary Facilities Field Visit 84 84 $34,020 7.3a Senior Center 12 12 7.3b Sports Center 12 12 7.3c Quinlan Community Center 16 16 7.3d Service Center 12 12 7.3e Blackberry Farm 12 12 7.3f Mcclellan Ranch Park 8 8 7.3g Monta Vista 12 12 7.4 Assess Secondary Facilities - Field Work 4 36 36 $15,540 7.4a Creekside Park Rec. Bldg. 4 4 7.4b Kennedy Sports Field 2 2 7.4c Jollyman Park 4 4 7.4d Portal Park 4 4 7.4e Wilson Park 6 6 7.4f Traffic Maint Yard 4 4 7.4g Memorial Park 4 4 7.4h Miscellaneous Bldgs. (7)8 8 7.5 Document Secondary Facilities Field Visit 36 36 $14,580 7.5a Creekside Park Rec. Bldg. 4 4 7.5b Kennedy Sports Field 2 2 7.5c Jollyman Park 4 4 7.5d Portal Park 4 4 7.5e Wilson Park 6 6 7.5f Traffic Maint Yard 4 4 7.5g Memorial Park 4 4 7.5h Miscellaneous Bldgs. (7)8 8 Subtotal 12 445 446 $100,665 Task Hours Subtotal 159 Cupertino Fee Proposal | December, 27 2017 2017-2018 Comprehensive Facility Condition and Use Efficiency Assessments Principal Project Manager Designer 240 225 180 8 8.1 Develop Primary Facilities Draft Report 6 35 20 $12,915 8.1a Develop Cost Estimate per Facility 4 12 4 8.1b Develop Facility Recomm. Summary Table 2 10 4 8.1c Organize Photos 1 12 8.1d Evaluations 12 8.2 Develop Secondary Facilities Draft Report 2 16 9 $5,700 8.2a Develop Cost Estimate Summaries 1 4 1 8.2b Develop Facility Group Recomm. Summary Table 1 6 2 8.2c Organize Photos 6 8.2d Evaluations 6 8.3 Develop Final Report 2 12 $2,610 Subtotal 16 104 70 $21,225 9 Return Visit 9.1 Field Visit – Field Work 16 16 $6,480 9.2 Document Field Visit 8 16 $4,680 Subtotal 0 24 32 $11,160 10 Reimbursable Expenses 10.1 Printing $1,200 10.2 Travel $3,200 10.3 $1,000 Subtotal $5,400 Total 44 715 684 $198,720 Fees Report Task Hours Subtotal 160 Attachment A: Condition Assessment Checklist for Primary Facilities Evaluation Criteria Facility Name: 5 Excellent New or like-new condition; no issues to report; no expected failures; Plan 8 to 10 years. Address: 4 Good Good condition; no reported issues or concerns; consider replacement 6 to 8 years. Area: 3 Fair Average wear for building age; not new but no issues to report; replace within 4 to 6 years. Year built: 2 Poor Worn from use -end of expected lifecycle. Replace within 2 to 4 years. Construction Type: 1 Critical Extremely worn or damaged; replace in next 2 years. System Condition Comments System Condition 5 4 3 2 1 N/A 5 4 3 2 1 N/A Site/ Civil/ Landscape Emergency Vehicle Access Bike Racks / Storage (Safe & Accessible) Access Gates Irrigation System Perimeter Fencing Landscape Vegetation Athletic Field / Court Fencing Landscape Walls / Structures Equipment / Stormwater Fencing Trees and Shade Systems On-Site Sidewalks / Crosswalks Patio Systems (Paver, Brick, etc.) Paving Electrical Service Striping / Markings / Speed Bumps Gas Distribution System Curbing Sanitary Collection / Septic System On-Site Signage Storm Water Management Off-Site Signage Voice / Data System Pedestrian Access (ADA & Safety) Water Distribution System (Galvanized) Exterior Furniture Backflow Preventer Exterior Envelope Foundation/ Footing Roofing Structure Condition Rating Dampproofing / Dewatering Roof Openings (Skylights) Slab on Grade Roof Openings (Access) Floor Framing Roof Equipment Curbing Columns/ Beams/ Walls Leakage Structure Ponding Water Applied Fireproofing Systems Roof Drains Covered Walkways Gutters / Downspouts Exterior Walls Doors/ Windows/ Louvers Exterior Finish Windows Soffits Louvers and Vents General Appearance Main Entry Doors & Hardware Other Exterior Doors & Hardware 161 System Condition Comments System Condition 5 4 3 2 1 N/A 5 4 3 2 1 N/A Interior Elements Ceilings Toilet Rooms ACT Restroom Accessories Drywall Toilet Partitions Flooring Screen Partitions Carpet Flooring VCT Walls Tile Signage Terrazzo ADA Accessibility (Large Stall) Wood Restrooms Fixtures Sealed Concrete Water Closets Stairs Urinals Landing finish Lavatories / Sinks Stair treads ADA Fixture Provisions (heights) Stair nosings Signage Handrails Room (Side Mount or Door Head Mount) Directional Mechanical, Electrical and Plumbing Systems HVAC Chillers Electrical Systems Cooling Towers Emergency Generator Boilers Hot & Cold Water Distribution System Water Heaters Gas Distribution Systems Transformers ADA Compliance Handicap Parking Exterior Ramps and walks Passenger loading zones Barrier free route Accessible Entry Building Entry Exterior Stairs and railings Fire/ Life Safety Fire Suppression System Fire Alarm System 162 Attachment B: Condition Assessment Checklist for Secondary Facilities Facility Name: Area: Address: Year built: Construction Type: Evaluation Criteria 5 Excellent New or like-new condition; no issues to report; no expected failures; Plan 8 to 10 years. 4 Good Good condition; no reported issues or concerns; consider replacement 6 to 8 years. 3 Fair Average wear for building age; not new but no issues to report; replace within 4 to 6 years. 2 Poor Worn from use -end of expected lifecycle. Replace within 2 to 4 years. 1 Critical Extremely worn or damaged; replace in next 2 years. System Condition Action Cost Estimate 5 4 3 2 1 N/A Immediate Reserve Site Improvements Storm Drain System Parking Pavement, Curb & Gutter Sidewalks Utilities Landscaping Site Lighting Site and building signage Structural Systems and Building Envelope Foundations Structural Systems including floors Exterior Doors & Frames Stairs (Interior and Exterior) Roof Coverings Roof Drainage Mechanical, Electrical & Plumbing HVAC Electrical Emergency Generator Hot & Cold Water Distributor System Water Heaters Gas Distribution System Interior Elements Ceilings Finishes Floor Finishes Partitions Painting ADA Compliance ADA Accessibility (Restroom Large Stall) ADA Fixture Provisions (heights) Handicap Parking Passenger loading zones Accessible Entry Exterior Stairs and railings 163 Actions NM: Normal Maintenance IR: Immediate Replacement RR: Replacement Reserves NA: Not Applicable MI: More Information Needed Vocabulary for Recommendations: Major Concern: a system or component which is considered significantly deficient or is unsafe. Significant deficiencies need to be corrected and, except for some safety items, are likely to involve significant expense. Safety Issue: denotes a condition that is unsafe and in need of prompt attention. Repair: denotes a system or component which is missing or which needs corrective action to assure proper and reliable function. Improve: denotes improvements which are recommended but not required. Monitor: denotes a system or component needing further investigation and/or monitoring in order to determine if repairs are necessary. Deferred Cost: denotes items that have reached or are reaching their normal life expectancy or show indications that they may require repair or replacement anytime during the next five (5) years. 164 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:117-3251 Name: Status:Type:Second Reading of Ordinances Agenda Ready File created:In control:11/9/2017 City Council On agenda:Final action:1/16/2018 Title:Subject: Second Reading for an ordinance to amend regulations in Title 19, Zoning of the Municipal Code with regard to Accessory Dwelling Units, including Chapter 19.08, Definitions, and Chapter 19.112, Accessory Dwelling Units in R-1, RHS, A and A-1 zones (Application No(s).: MCA-2017-05; Applicant(s): City of Cupertino; Location: Citywide) Sponsors: Indexes: Code sections: Attachments:Staff Report A - Draft Ordinance No. 17-2170 B - Redline ADU Ordinance Action ByDate Action ResultVer. City Council1/16/2018 1 Subject: Second Reading for an ordinance to amend regulations in Title 19, Zoning of the Municipal Code with regard to Accessory Dwelling Units, including Chapter 19.08, Definitions, and Chapter 19.112, Accessory Dwelling Units in R-1, RHS, A and A-1 zones (Application No(s).: MCA-2017-05; Applicant(s): City of Cupertino; Location: Citywide) That the City Council conduct the second reading and enact Ordinance No. 17-2170: “An Ordinance of the City Council of the City of Cupertino amending Chapter 19.08, Definitions and Chapter 19.112, Accessory Dwelling Units in R-1, RHS, A and A-1 Zones (Residential Zoning Districts) to conform to new state laws” CITY OF CUPERTINO Printed on 1/10/2018Page 1 of 1 powered by Legistar™165 COMMUNITY DEVELOPMENT DEPARTMENT CITY HALL 10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3308 www.cupertino.org CITY COUNCIL STAFF REPORT Agenda Date: January 16, 2017 Subject Second Reading for an ordinance to amend regulations in Title 19, Zoning of the Municipal Code with regard to Accessory Dwelling Units, including Chapter 19.08, Definitions, and Chapter 19.112, Accessory Dwelling Units in R-1, RHS, A and A-1 zones (Application No(s).: MCA-2017-05; Applicant(s): City of Cupertino; Location: Citywide) Recommended Action That the City Council conduct the second reading and enact Ordinance No. 17-2170: “An Ordinance of the City Council of the City of Cupertino amending Chapter 19.08, Definitions and Chapter 19.112, Accessory Dwelling Units in R -1, RHS, A and A-1 Zones (Residential Zoning Districts) to conform to new state laws” (Attachment A.) Discussion On December 19, 2017, Council introduced and conducted the first reading of ordinance 17-2170. The changes to the Municipal Code are indicated in redlines in Attachment B. Ordinances require a second reading at least five days after the ordinance is introduced. Upon the second reading, the ordinance may be enacted. Next Steps The ordinance will be effective 30 days after the second reading (February 16, 2018.) Prepared by: Piu Ghosh Principal Planner Reviewed by: Aarti Shrivastava, Assistant City Manager Approved by: David Brandt, City Manager ATTACHMENTS A. Ordinance No. 17-2170 B. Redlines indicating changes to Municipal Code 166 ORDINANCE NO. 17-2170 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING CHAPTER 19.08, DEFINITIONS AND CHAPTER 19.112, ACCESSORY DWELLING UNITS IN R-1, RHS, A AND A-1 ZONES (RESIDENTIAL ZONING DISTRICTS) TO CONFORM TO NEW STATE LAWS WHEREAS, recent changes in state law require that cities prioritize and allow ministerial approval of Accessory Dwelling Units to help address the housing crisis, and the City desires to update its Accessory Dwelling Unit ordinances to conform with Assembly Bill 494 and Senate Bill 229, which are codified in California Government Code section 65852.2; WHEREAS, regulations regarding Accessory Dwelling Units are codified in Chapter 19.112 of the Cupertino Municipal Code, and with this proposed ordinance the city seeks to make appropriate amendments to ensure conformity with the new state laws; WHEREAS, this Ordinance is determined to be statutorily exempt from the requirements of the California Quality Act of 1970, together with related State CEQA Guidelines (collectively, “CEQA”) under Public Resources Code section 21080.17 (Application of Division to Ordinances Implementing Law Relating to Construction of Dwelling Units and Second Units) and CEQA Guidelines Section 15282(h) as the adoption of an ordinance by a city to implement the provisions of Government Code Section 65852.2; WHEREAS, the City Council is the decision-making body for this Ordinance, and based on its independent judgment determines that the Ordinance is not a project as defined by CEQA and is further statutorily exempt from CEQA as stated above. NOW, THEREFORE, THE CITY COUNCIL OF THE OF CITY OF CUPERTINO DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 19.08.030 of Title 19 of the Cupertino Municipal Code is hereby amended to change the following definitions. All other provisions remain unchanged and in full force and effect: "Single-family use" means the use of a parcel for only one dwelling unit. “Single family residence,” for purposes of Chapter 19.112, shall mean only detached single family dwelling units that are not detached row-houses, duplexes, townhouses, or condominiums or properties that have a shared ownership interest in common open space or recreational areas. 167 SECTION 2. Chapter 19.112 of Title 19 of the Cupertino Municipal Code is hereby amended as follows: The Title is changed from “Accessory Dwelling Units in R-1, RHS, A and A-1 Zones” to, “Accessory Dwelling Units.” SECTION 3. Section 19.112.020 of Title 19 of the Cupertino Municipal Code is hereby amended to be numbered, entitled, and to read as follows: 19.112.020 Applicability of Regulations. Notwithstanding any provision of this title to the contrary, one accessory dwelling unit: 1. Is permitted on lots in R-1, RHS, A and A-1 zoning districts and, notwithstanding the underlying zoning, an accessory dwelling unit developed pursuant to this chapter does not cause the lot upon which it is located to exceed its maximum the allowable density on the lot, and 2. Is permitted on a single-family lot within a zone for single family use if the accessory dwelling unit is proposed to be contained entirely within the existing space of a single family residence or an existing accessory structure, to create an accessory dwelling unit; and 3. Must comply with the site development regulations and guidelines specified in those zoning districts for dwelling units, including but not limited to, lot coverage, floor area ratio, height, setbacks, landscape etc. the regulations contained in this chapter, Chapter 19.100, Accessory Structures/Buildings, Chapter 19.124, Parking, except as those standards may be modified by this chapter. SECTION 4. Table 19.112.030 of Section 19.112.030 of the Cupertino Municipal Code is hereby amended to read as follows: Table 19.112.030: Site Development Regulations for Accessory Dwelling Units Conversion of space entirely within existing structures New Construction and/or Additions Attached to Principal Dwelling Unit Detached from Principal Dwelling Unit A. Size of living space, exclusive of decks 1. Minimum size 150 s.f. 2. Maximum size 10% of the net lot area, up to a maximum of 1,000 s.f., or 50 percent of the existing living space of the principal dwelling unit, whichever is more restrictive. 168 Table 19.112.030: Site Development Regulations for Accessory Dwelling Units Conversion of space entirely within existing structures New Construction and/or Additions Attached to Principal Dwelling Unit Detached from Principal Dwelling Unit B. Second-story accessory dwelling unit Allowed if the unit: 1. Is a conversion of existing second story portions of the principal dwelling unit; and 2. Complies with applicable landscape requirements to adjoining dwellings consistent with Section 19.28.120 Not allowed C. Parking 1. Parking for accessory dwelling unit None One additional off-street parking space shall be provided, if the principal dwelling unit has less than the minimum off-street parking spaces for the applicable residential zoning district in which it is located, as required in Chapter 19.124 unless the unit meets the following requirements: a. Is within one-half (1/2) mile of a public transit stop; or b. Located in an architecturally and historically significant historic district; or c. Occupant of the ADU is not allowed/ offered a required on-street parking permit; or d. Located within one block of a car share vehicle pick- up location. 2. Replacement parking spaces when new accessory dwelling unit converts existing covered, uncovered or enclosed parking spaces required for the principal a. Replacement spaces must be provided for the principal dwelling unit to meet the minimum off-street parking spaces for the applicable residential zoning district in which it is located, as required in Chapter 19.124. b. Replacement spaces may be located in any configuration on the same lot as the accessory dwelling unit, including but not limited to covered spaces, uncovered spaces, tandem spaces or by use of mechanical automobile parking lifts. c. Any replacement parking spaces provided must comply with the development regulations for the applicable zoning district in which it is located, Chapter 19.124, Parking and Chapter 19.100, Accessory Buildings/Structures. 169 Table 19.112.030: Site Development Regulations for Accessory Dwelling Units Conversion of space entirely within existing structures New Construction and/or Additions Attached to Principal Dwelling Unit Detached from Principal Dwelling Unit dwelling unit D. Direct outside access 1. Independent outdoor access must be provided without going through the principal dwelling unit. 2. Where second-story accessory dwelling units are allowed, entry shall not be provided by an exterior staircase. E. Screening from public street All access to accessory dwelling units shall be screened from a public street. SECTION 5: 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 6: Effective Date. This Ordinance shall take effect thirty days after adoption as provided by Government Code Section 36937. SECTION 7: 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. Purs uant 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 8: 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 the 19th day of December 2017 and ENACTED at a regular meeting of the Cupertino City Council on this 16th day of January 2018 by the following vote: 170 AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: Grace Schmidt, City Clerk Darcy Paul, Mayor City of Cupertino 171 DESK ITEM AGENDA ITEM #3 REDLINED ORDINANCE CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 DRAFT RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE AMENDING CHAPTER 19.08, DEFINITIONS, AND CHAPTER 19.112, ACCESSORY DWELLING UNITS IN R-1, RHS, A AND A-1 ZONES (RESIDENTIAL ZONING DISTRICTS) TO CONFORM TO NEW STATE LAWS The Planning Commission having heard this matter on November 14, 2017 during a regularly noticed public hearing, and after hearing from the public and considering staff’s recommendations; NOW, THEREFORE, the Planning Commission of the City of Cupertino hereby recommends approval of the proposed Ordinance in substantially the form as shown in Exhibit “A,” attached hereto. PASSED AND ADOPTED this 14th day of November 2017, at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: ATTEST: APPROVED: Benjamin Fu Don Sun, Chair Assistant Director of Community Development Planning Commission 172 EXHIBIT “A” Draft Ordinance No. 17-XXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING CHAPTER 19.08, DEFINITIONS AND CHAPTER 19.112, ACCESSORY DWELLING UNITS IN R-1, RHS, A AND A-1 ZONES (RESIDENTIAL ZONING DISTRICTS) TO CONFORM TO NEW STATE LAWS WHEREAS, recent changes in state law require that cities prioritize and allow ministerial approval of Accessory Dwelling Units to help address the housing crisis, and the City desires to update its Accessory Dwelling Units ordinance to conform with Assembly Bill 494 and Senate Bill 229, which are codified in California Government Code section 65852.2; WHEREAS, regulations regarding Accessory Dwelling Units are codified in Chapter 19.112 of the Cupertino Municipal Code, and with this proposed ordinance the city seeks to make appropriate amendments to ensure conformity with the new state laws; WHEREAS, this Ordinance is determined to be statutorily exempt from the requirements of the California Quality Act of 1970, together with related State CEQA Guidelines (collectively, “CEQA”) under Public Resources Code section 21080.17 (Application of Division to Ordinances Implementing Law Relating to Construction of Dwelling Units and Second Units) and CEQA Guidelines Section 15282(h) as the adoption of an ordinance by a city to implement the provisions of Government Code Section 65852.2. WHEREAS, the City Council is the decision-making body for this Ordinance, and based on its independent judgment determines that the Ordinance is not a project as defined by CEQA and is further statutorily exempt from CEQA as stated above; NOW, THEREFORE, THE CITY COUNCIL OF THE OF CITY OF CUPERTINO DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 19.08.030 of Title 19 of the Cupertino Municipal Code is hereby amended to repeal and add the following definitions: "Single-family use" means the use of a parcel for only one dwelling unit. “Single family residence,” for purposes of Chapter 19.112, shall mean only detached single family dwelling units that are not detached row-houses, duplexes, townhouses, or condominiums or properties that have a shared ownership interest in common open space or recreational areas. 173 SECTION 2. The title to Chapter 19.112, “Accessory Dwelling Units in R-1, RHS, A and A-1 Zones” is hereby amended to be entitled and to read “Chapter 19.112, Accessory Dwelling Units.” SECTION 3. Section 19.112.020 of Title 19 of the Cupertino Municipal Code is hereby amended to be numbered, entitled, and to read as follows: 19.112.020 Applicability of Regulations. Notwithstanding any provision of this title to the contrary, one accessory dwelling unit: 1. Is permitted on lots in R-1, RHS, A and A-1 zoning districts and, notwithstanding the underlying zoning, an accessory dwelling unit developed pursuant to this chapter does not cause the lot upon which it is located to exceed its maximum the allowable density on the lot, and 2. Is permitted on a single-family lot within a zone for single family use, if the accessory dwelling unit is proposed to be contained entirely within the existing space of a single family residence or an existing accessory structure; and 3. Must comply with the site development regulations and guidelines specified in those zoning districts for dwelling units, including but not limited to, lot coverage, floor area ratio, height, setbacks, landscape etc. the regulations contained in this chapter, Chapter 19.100, Accessory Structures/Buildings, Chapter 19.124, Parking, except as those standards may be modified by this chapter. SECTION 4. Table 19.112.030 of Section 19.112.030 of the Cupertino Municipal Code is hereby amended to read as follows: Table 19.112.030: Site Development Regulations for Accessory Dwelling Units Attached to Principal Dwelling Unit Detached Conversion of portions of space entirely within existing structures to an accessory dwelling unit New Construction and/or Additions New addition to existing accessory dwelling unit and new accessory dwelling unit Attached to Principal Dwelling Unit Detached from Principal Dwelling Unit A. Size of living space, exclusive of decks 1. Minimum size 150 s.f. 174 Table 19.112.030: Site Development Regulations for Accessory Dwelling Units Attached to Principal Dwelling Unit Detached Conversion of portions of space entirely within existing structures to an accessory dwelling unit New Construction and/or Additions New addition to existing accessory dwelling unit and new accessory dwelling unit Attached to Principal Dwelling Unit Detached from Principal Dwelling Unit 2. Maximum size 10% of the net lot area, up to a maximum of 1,000 s.f., or 50 percent of the existing living space of the principal dwelling unit, whichever is more restrictive. B. Second-story accessory dwelling unit Allowed if the unit: 1. Is a conversion of existing second story portions of the principal dwelling unit; and 2. Complies with applicable landscape requirements to adjoining dwellings consistent with Section 19.28.120 Not allowed C. Parking 1. Parking for accessory dwelling unit None One additional off-street parking space shall be provided, if the principal dwelling unit has less than the minimum off-street parking spaces for the applicable residential zoning district in which it is located, as required in Chapter 19.124 unless the unit meets the following requirements: a. Is within one-half (1/2) mile of a public transit stop; or b. Located in an architecturally and historically significant historic district; or c. Occupant of the ADU is not allowed/ offered a required on-street parking permit; or d. Located within one block of a car share vehicle pick-up location. 175 Table 19.112.030: Site Development Regulations for Accessory Dwelling Units Attached to Principal Dwelling Unit Detached Conversion of portions of space entirely within existing structures to an accessory dwelling unit New Construction and/or Additions New addition to existing accessory dwelling unit and new accessory dwelling unit Attached to Principal Dwelling Unit Detached from Principal Dwelling Unit 2. Replacement parking spaces when new accessory dwelling unit converts existing covered, uncovered or enclosed parking spaces required for the principal dwelling unit a. Replacement spaces must be provided for the principal dwelling unit to meet the minimum off-street parking spaces for the applicable residential zoning district in which it is located, as required in Chapter 19.124. b. Replacement spaces may be located in any configuration on the same lot as the accessory dwelling unit, including but not limited to covered spaces, uncovered spaces, tandem spaces or by use of mechanical automobile parking lifts. c. Any replacement parking spaces provided must comply with the development regulations for the applicable zoning district in which it is located, Chapter 19.124, Parking and Chapter 19.100, Accessory Buildings/Structures. D. Direct outside access 1. Independent outdoor access must be provided without going through the principal dwelling unit. 2. Where second-story accessory dwelling units are allowed, entry shall not be provided by an exterior staircase. E. Screening from public street All access to accessory dwelling units shall be screened from a public street. SECTION 5: 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. 176 SECTION 6: Effective Date. This Ordinance shall take effect thirty days after adoption as provided by Government Code Section 36937. SECTION 7: 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 8: 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 the ___th day of December 2017 and ENACTED at a regular meeting of the Cupertino City Council on this ____ day of January 2018 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino 177 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:117-3357 Name: Status:Type:Public Hearings Agenda Ready File created:In control:11/28/2017 City Council On agenda:Final action:1/16/2018 Title:Subject: Consider a revised request for General Plan amendment authorization to demolish the existing ~71,254 sq.ft. Oaks Shopping Center and construct a mixed-use development (Westport Cupertino) at the site. (Application No.(s): GPAAuth-2017-02; Applicant: KT Urban (Mark Tersini); Location: 21267 Stevens Creek Boulevard; APN: 326-27-039, -040 and -041). Continued from December 5, 2017. The applicant has withdrawn the application and the public hearing is cancelled. Sponsors: Indexes: Code sections: Attachments: Action ByDate Action ResultVer. City Council1/16/2018 1 Subject: Consider a revised request for General Plan amendment authorization to demolish the existing ~71,254 sq.ft. Oaks Shopping Center and construct a mixed-use development (Westport Cupertino) at the site. (Application No.(s): GPAAuth-2017-02; Applicant: KT Urban (Mark Tersini); Location: 21267 Stevens Creek Boulevard; APN: 326-27-039, -040 and -041). Continued from December 5, 2017.The applicant has withdrawn the application and the public hearing is cancelled. The applicant has withdrawn the application and the public hearing is cancelled. CITY OF CUPERTINO Printed on 1/10/2018Page 1 of 1 powered by Legistar™178 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:117-3028 Name: Status:Type:Ordinances and Action Items Agenda Ready File created:In control:9/15/2017 City Council On agenda:Final action:1/16/2018 Title:Subject: Order the abatement of a public nuisance (weeds) pursuant to provisions of Ordinance No. 724 and Resolution No. 17-110 Sponsors: Indexes: Code sections: Attachments:Staff Report A - Draft Resolution B - 2018 Weed Abatement Program Commencement Report C - Notice to Destroy Weeds and Program Schedule D - Letter to Property Owners E - Approved Resolution No. 17-110 Action ByDate Action ResultVer. City Council1/16/2018 1 Subject: Order the abatement of a public nuisance (weeds) pursuant to provisions of Ordinance No. 724 and Resolution No. 17-110 Note objections and adopt Resolution No. 18-008 ordering abatement of a public nuisance (weeds) pursuant to provisions of Ordinance No. 724 and Resolution No. 17-110 CITY OF CUPERTINO Printed on 1/10/2018Page 1 of 1 powered by Legistar™179 OFFICE OF THE CITY CLERK CITY HALL 10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3223 www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: January 16, 2018 Subject Order the abatement of a public nuisance (weeds) pursuant to provisions of Ordinance No. 724 and Resolution No. 17-110. Recommended Action Note objections and adopt the draft resolution ordering abatement of a public nuisance (weeds) pursuant to provisions of Ordinance No. 724 and Resolution No. 11-110. Discussion Chapter 9.08 of the Cupertino Municipal Code requires property owners to remove or destroy weeds on their property for fire protection. The weed abatement process is in place to notify the property owners of this responsibility, authorize the County to remove the weeds if the property owner doesn’t, and allow the County to recover the costs of abatement. The process consists of eight steps that begin in November and go through August of each year. At this time, the process is at Step 4. 1. County prepares a list of all properties that have been non-compliant in removing weeds in the last three years and provides that list to the City (Nov). 2. City Council adopts a resolution declaring weeds a nuisance and setting a hearing date to hear objections by property owners to having their name on the list (Nov-Dec). 3. County sends notice to the property owners on the list notifying them of the hearing date and explaining that they must remove weeds by the abatement deadline of April 30 or it will be done for them, and the cost of the abatement plus administrative costs assessed to their property (Dec). 4. City Council holds the hearing to consider objections by property owners and adopts a resolution ordering abatement (Jan). 180 5. County sends a courtesy letter to property owners on the list notifying them again of the abatement deadline and noting that they will work with the property owner to be sure the weeds are removed (Jan). 6. After April 30, the properties are inspected by the County to verify that weeds were removed and proceeds with abatement if the inspection fails. County makes a list of all costs associated with the abatement and provides that list to the City (June-July). 7. City notifies the property owners on the assessment list notifying them of the hearing date. (July-Aug). 8. City Council holds a hearing, notes any disputes, and adopts a resolution putting a lien assessment on the properties to allow the County to recover the cost of weed abatement (July-Aug). Fiscal Impact Any fees waived by the Council will be billed to the City by the County to cover their cost of servicing the property. _____________________________________ 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 B - 2018 Weed Abatement Program Commencement Report C - Notice to Destroy Weeds and Program Schedule D - Letter to Property Owners E - Approved Resolution No. 17-110 181 RESOLUTION NO. 18- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ORDERING ABATEMENT OF PUBLIC NUISANCE PURSUANT TO PROVISIONS OF CUPERTINO MUNICIPAL CODE CHAPTER 9.08 AND RESOLUTION NO. 17-110 WHEREAS, the City Council has declared that the growth of weeds, the accumulation of garden refuse, cuttings and other combustible trash upon the private properties as described in Resolution No. 17-110 adopted November 21, 2017, to be a public nuisance; and WHEREAS, after due notice, a hearing thereon was held at the regular meeting of the City Council on January 16, 2018; and WHEREAS, from the evidence presented, both oral and written, it appears to be in the best interests of the City to acquire jurisdict ion over and abate said nuisance. NOW, THEREFORE, BE IT RESOLVED: 1. That the Agricultural Commissioner is hereby ordered to abate such nuisance or cause the same to be abated by having the weeds referred to destroyed or removed by cutting, discing, chemical spraying or any other method determined by him; that all debris, whether in piles or scattered, be hauled away; 2. That the Agricultural Commissioner and his deputies, assistants, employees, contracting agents or other representatives shall have express authorization to enter upon said private properties for the purpose of causing said public nuisance to be abated; and 3. That any affected property owners shall have the right to destroy or remove such weeds or debris himself or herself or have the same destroyed or removed at his/her own expense provided that such destruction or removal shall have been completed prior to the arrival of the Agricultural Commissioner or his authorized representative to destroy or remove them by the Parcel Abatement Deadline of April 30, 2018. BE IT FURTHER RESOLVED: 182 Resolution No. 18- Page 2 1. That the Agricultural Commissioner shall keep account of abating said nuisance and embody such account in a report and assessment list to the City Council, which shall be filed with the City Clerk. 2. Said reports of costs, hearing and collection procedures involved shall be provided as stated in Chapter 9.08. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino on the 16th day of January 2018, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: _______________________ ________________________________ Grace Schmidt, City Clerk Darcy Paul, Mayor, City of Cupertino 183 2018 WEED ABATEMENT PROGRAMCOMMENCEMENT REPORTCITY OF CUPERTINOSitus1053 I1033710467107120107442263210721106802266122580022767227652281022112229312296s230092301522998APNCITY/STATF],PORTAL0GLENCOEGLENCOEPEBBLE0STEVENSSANTALUCIAALCALDESANTALUCIACORDOVASAN JUANSAN JUANELCERzuTOSAN ruANSAN ruANMERCEDESALCALDEVOSSVOSSVOSSVOSSSTANDINGAVE316-30-102326-07-035DR 326-30-083DR 326-30-106PL 326-43-044342-12-A3ABL 342-13-012RD 342-16-073RD 342-16-103RD 342-17-A45RD 342-17-054RD 342-17-110RD 342-18-044RD 342-21-AA4RD 342-22-03ARD 342-22-A31RD 342-22-106RD 34244-A47AV 342-50-002AV 342-50-003AV 342-50-005AV 342-50-006cT 342-50-0071053I N PORTALAVEI1I ALMADEN BLVD20643 CHERYL DRPOBOX242I10712 PEBBLE PL11I ALMADENBLVD4O4O MOORPARK10744 SANTALUCIARD1545 LAMESADR1072I SANTALUCIARD10423 BYRNEAV22661 SANruANRD22580 SAN ruAN RD22670 SAN JUAN RD22767 SAN ruAN RD22765 SAN JUAN RD0 Po Box 50322772 ALCALDE RD2293I VOSSAV22965 VOSS AV23009 VOSS AV230I5 VOSSAV22998 STANDING OAK CTCUPERTINOSAN JOSECUPERTINOCUPERTINOCUPERTINOSAN JOSESAN JOSECUPERTINOBURLINGAMECUPERTINOCUPERTINOCUPERTINOCUPERTINOCUPERITNOCUPERTINOCUPERTINOBELMONTCUPERTINOCUPERTINOCUPERTINOCUPERTINOCUPERTINOCUPERTINOTANG GEORGE & TSAO JTING WEIPACIFIC GASAND ELECTRIC COANDREWS, JOYCE H TRUSTEEDAMASKROBERTTWINGEI KATHERTNE B ANDPACIFIC GASAND ELECTRIC CODEANEAND DEANE INCBANGALORE, MANJLTNAIH S ANDGONG, YUEYUNWANG, RUIPING AND ZENG, JIBINGCHYU, WEI JAO AND JIEN MEEICODDING, NATHANIEL J ANDNGUYEN, TIEP D AND MYHA PITEM, WERNER AND GLOzuAECHEN, DON AND XU, JUANruANNEHAWANDIAN, NASIMYELING, HOK ETALDHAMDHERE, KLTNIYO AND NEELCHUANG, DAVID AND ZHENG, HONGLIN, HSIN-I ETALLI, PEN CHLING AND LEONG, SUT IANHONG, JACK LAND TSE, ANITAYBUTALA, AMIT P AND DESAI,CACACACACACACACACACACACACACACACACACACACACACACA95014-24479s l 1s-000s9s014-290995015950 l4-133395 1 l 5-000595 l l7-185195014-394094010-s9219s014-39399s0r4-281395014-00009s014-00009s014-39339s0r4-39349s0r4-39349400295014-000095014-26569s014-26569s014-26s69s0t4-265695014-266023 records of 108Santa Clara County Weed Abatement ProgramPage I184 2018 WEED ABATEMENT PROGRAMCOMMENCEMENT REPORTCITY OF CUPERTINOSitus22994229992300s2301923025230262302202299522997108s71075002188s219812198911205220901147522032224051027922490STANDINGSTANDINGSTANDINGVOSSVOSSVOSSVOSS(LAND ONLY)STANDINGSTANDINGLINDAVISTARAERAEHYANNISPORTLINDYLINDYMT CRESTLINDYCANYON VIEWLINDYRANCHOPALO VISTAPALMAPN342-50-009342-50-A12342-50-013342-50-014342-50-01 5342-50-016342-50-A17342-50-01 I342-54-420342-50-021356-06-001356-07-076356-07-477356-1 3-050356-25-031356-25-032356-26-005356-27-A21356-27-424356-27-A25357-01-075357-03-058357-A4-A11l-rTv/sTÁ'r'FCUPERTINOCUPERTINOCUPERTINOCUPERTINOCUPERTINOCUPERTINOCUPERTINOSAN CARLOSCUPERTINOCUPERTINOSARATOGASLINNYVALESLINNYVALECUPERTINOSAN FRANCISCOCUPERTINOCUPERTINOCUPERTINOCUPERTINOCUPERTINOCUPERTINOCUPERTINOCUPERTINO95014-26609s0r4-26609s014-266095014-266195014-266195014-266395014-26639407095014-266095014-266095010-425794087-000094087-000095014-40159412195014-525895014-004795014-483595014-000095014-481 I9s014-273s9s014-271495014-2731CTCTCTAVAVAVAVCTCTDRLNLNDRLNLNDRLNCLLNSTRDAVJOHNSON, THOMAS ECHIANG, MICHAEL M AND GLOzuA KGOLAN, AVRAHAM AND OSNAICOLE, WILLIAM S AND YULANLIjNA, ROBERTO LAND JOSEFINA STSAI, VICKYTSAY-HSAI TRUSTEE &STAIMAN, MEIR ANDNAVAHCHAMBERLAIN, JACK T TRUSTEEGOHRING, KURT KAND EzuKAACHU, JOHN AND WOO,ANNEVULICH, ROYAAND ANGELACHANG, CHzuS ETALCHANG, CHRIS ETALBERGMAN JACQUELINEKANG, PTNG QI AND LIANG, YU JUANSTIN, XI HUA AND ZHU, SHANYLING, GARYSAND PAULALKALKO, CHARLES ZAND MLINOZ,HO, SHYH-MEI FAND FAHFUDE KALPAJIT AND MAJUMDERHU, CHIH SHAN AND CHUNG-LANJANE, PAOLIN TRUSTEECHERUKUTHOTA, CHANDRASEKHAR22994 STANDING OAK CT22999 STANDING OAK CT23005 STANDING OAK CT23019 VOSSAV23025 VOSS AV23026 VOSS AV23022 VOSS AV655 SKYWAY22995 STANDING OAK CT22997 STANDING OAK CT13616 SURREYLN5SOALBERTAAV5SOALBERTAAV21885 HYANNISPORT DR2408 CLEMENT ST11801 DOROTHYANNE WYI I2O5 MT CREST DR22090 LINDY LN11475 CANYON VIEW CL22032 LINDY LN22405 RANCHO VENTURA ST10279PALO VISTARD22490PALMAVCACACACACACACACACACACACACACACACACACACACACACACA46 records of 108Santa Clara County Weed Abatement ProgramPage 2185 2018 WEED ABATEMENT PROGRAMCOMMENCEMENT REPORTCITY OF CUPERTINOSitus22310209s0100402094020616208400206521183511841021670216602t6502204510375104101 0539PALMSTEVENSBIANCHISTEVENSMC CLELLANCHERRYLANDCRANBERRYCRANBERRYCLEONO SITUSUPLANDUPLANDSTAUFFERRAINBOWRAINBOV/RAINBOWREGNARTLINDSAYEAST ESTAIESBLANEYAPNAV 357-04-023BL 359-07-006wY 359-07-021BL 359-07-A22RD 359-18-048DR 359-20-042DR 362-02-û48DR 362-04-058362,09-026362-16-037362-19-033AV 362-31-002362-31-030wY 366-03-056wY 366-03-062LN 366-09-053cr 366-38-005cT 366-38-006cr 366-38-007RD 366-46-004AV 369-12-012DR 3ô9-25-037AV 369-33-001I144 BRACEAV865 COTTON ST20940 STEVENS CREEK BL20940 STEVENS CREEK BL20616MCCLELLAN RD20846 DLINBAR DRlOO3I FOOTHILLS BLVD10031 FOOTHILLS BLVDIOO3l FOOTHILLS BLVDlOO3I FOOTHILLS BLVDlOO3I FOOTHILLS BLVD20652 CLEO AV965 LAURELGLENDR11835 UPLAND V/YlIOO ZAMORACTIOO3I FOOTHILLS BLVD21670 RAINBOV/ CT21660 RAINBOV/ CT10668 CARVERDRII23O BUBB RD10375 LINDSAYAV7508 KIRWIN LN10539 BLANEYAV(-ITV/STATF',SAN JOSEMENLO PARKCUPERTINOCUPERTINOCUPERTINOCUPERTINOROSEVILLEROSEVILLEROSEVILLEROSEVILLEROSEVILLECUPERTINOPALOALTOCUPERTINOMILPITASROSEVILLECUPERTINOCUPERTINOCUPERTINOCUPERTINOCUPERTINOCUPERTINOCUPERTINOVAN BLOMMESTEIN, ROBERT ANDBARTELS PROPERTIES ET ALLIN, JASON CLIN, JASON CHARDEMAN, MELODYF ETALCHERRYLAND LLCLINION PACIFIC CORPORATIONUNION PACIFIC CORPORATIONLINION PACIFIC CORPORATIONLINION PACIFIC CORPORATIONLINION PACIFIC CORPORATIONBURROW BRADLEYJAND ruANITA SALMASI, AZITA TRUSTEE & ETALVENKAIESH, BHIMACHARVIRAY PROPERTIES LLCLINION PACIFIC CORPORATIONCHELLADURAI, JAYAKUMAR ANDVAN BUREN, DONALD PANDBARNIV ZURI M AND MICHALBIGLE& ROBERT A AND PLINITA PTLING, CHARLES CPEABODYREI ETALCHANG, MINGO MAND YOLTNG, JEANCACACACACACACACACACACACACACACACACACACACACACACA9512s-32009402s-s61095014-217095014-2t7095014-29ss95014-1802957479574795747957479s74795014-503394304-13239s0 l4-5 1 069s03s-3427957479s}r4-482995014-48299s014-360195014-49799s0t4-4s1795014-433795014454269 records of 108Santa Clara County Weed Abatement ProgramPage 3186 2018 WEED ABATEMENT PROGRAMCOMMENCEMENT REPORTCITY OF CUPERTINOCITY/STATESitus19160102s1189211903 I102001891 110240I 88921034918770187341029110361103911866510190104541042418671I 866010424r063610610APNSTEVENSruDYBARNHARTBARNHARTSTERNAR-AJTASTERNARATAMENHARTTILSONLOREEJOHNSONJOHNSONJOHNSONLOREECALVERTSTERLINGSTERLINGPRINGPRINGJOHNSONWLINDERLICHWUNDERLICHBLAVAVAVAVWYAVWYLNAVAVAVAVAVAVDRBLBLCTCTAVDRDR375-07-00'1375-08-042375-09-020375-09-034375-12-A02375-12-044375-12-442375-1 3-00437545-441375-17-439375-18-025375-1 8-032375-1 8-039375-18-042375-1 9-009375-1 9-01 8375-23-042375-24-003375-25-039375-25-044375-26-A49375-27-418375-27-019STEVENS CREEK L PLAU, RITAK TRUSTEECHANG, VINCENTHONPINGHUANG, HONGMIN AND KONG, MEIMC GRAIH, PATRICK WDURAN, FELIPE AND CARMENAYLIN, JLING SUK AND FLING, SUECHOPRA, ANEET AND SHIKHAKOLLIPARA, GNANADEEPMARTINEZ, RICHARD DANDLOREE PRIME LLCFAN, HAICHOU AND KONG, HAIYANMC GRAIH, PATRICK WLU, YING-WUWANG, MAO AND HE, LIKOMPELLA, VACHASPATHI P ANDBENSON PROPERTIES INCATTIA, MAGED AAND BEDAI&HUANG, CHANG-KAI AND TSENG,PRING VENTURE LLCWONG, DAMON AND IRENE LAILI, HAOJIANG TRUSTEE & ETALNIE, XIAOQIONGI4OO PARKMOORAVIO251ruDYAV1892I BARNHARTAV1078 WOOD DUCKAV0PoBox24221891I ARATAWYIO24O STERN AV43844 CAIi4.ERON HILLS DR10349 MENHART LN1883I BARNHARTAV4166ASTIN CANYON CTIO29I JOHNSONAV0PoBox242245449 LTTTLE FOOT PL1308 MARIAWY18950 CYzuL PL0 P.o. Box 87tts9842 SAN PETRONIOAVI8671 PRING CT10360 FARALLONE DR10424 JOHNSONAV10636 WTTNDERLICH DRIO6IO WIINDERLICH DRSAN JOSECUPERTINOCUPERTINOSANTACLARAPALOALTOCUPERTINOCUPERTINOFREMONTCUPERTINOCUPERTINOSAN JOSECUPERTINOPALOALTOFREMONTSAN JOSESARAIOGACANTONSLTNNYVALECUPERTINOCUPERTINOCUPERTINOCUPERTINOCUPERTINO95 126-0000950r4-35249s014-360395051-425994309-24229s014-36769s0r4-3689945399s014-366895014-360195 l2 1 -000095014-381 I94309-24229453995117-361795070-3503481879408s-344995014-382295014-3 10595014-38149s01495014-3652CACACACACACACACACACACACACACACACAMICACACACACACA92 records of 108Santa Clara County Weed Abatement ProgramPage 4187 2018 WEED ABATEMENT PROGRAMCOMMENCEMENT REPORTC¡TY OF CUPERT¡NOCITY/STATESitus10740t0760106871067110630188701064110695106571072019030107201070010627I 059319200GASCOIGNEJOHNSONGASCOIGNEJOHNSONCARVERTUGGLEWLTNDERLICHMINETTEMORENGOCULBERTSONMEIGGSMORENGOMORENGOCULBERTSONJOHANSENTILSONAPN37s-29-416375-31-005375-31-016375-31-049375-32-420375-32-02437542-432375-32-043375-34-013375-34-022375-35-055375-35-060375-35-061375-36-027375-37-053375-40-061CUPERTINOCUPERTINOHAUPPAUGECUPERTINOPALO ALTOCUPERTINONEWPORTBEACHCUPERTINOCUPERTINOCUPERTINOCUPERTfNOCUPERTINOCUPERTINOSLTNNYVALECUPERTINOCUPERTINO9s014-384695014-3818l 17889s0t4-290894309-24229s0t4-362692660-46029s014-36129s014-35 l3950 l4-355595014-351 I95014-35 ls95014-35 l594089-20329s01s-046495014-3529DRAVDRAVDRAVDRDRDRDRLNDRDRDRDRAVFAULKNE& BARBARAJEANNE ETALYU, HENRYWONG, YUK.CHLTN TRUSTEEWESOLOWSKI, STEVEN M TRUSTEEMC GRATH PATRICK WDELA CRUZ, SHERWIN PETER LSMITH, MICHAEL WAND KAIHLEENHAN, JIE AND WU, TIANORTIZ, ROSAF ETALPANDHARIKA& ANAND M ANDCHEN, CHANGQING AND DONG, HUAORANGIFAR, ESMAILZHAL JIANJLTN AND WEI, LIMC GRAIH PATRICK WBURTZLAFF, JAMES LLEE, JOHN C AND NGUYEN, NGOC10740 GASCOIGNE DR10760 JOHNSONAV684 WHEELER RD10338 BONNY DRPOBOX2422I8870 TUGGLEAVIO48 IRVINE AV #34810695 MINETTE DR10657 MORENGO DR10720 CULBERTSON DRI9O3O MEIGGS LNIO72O MORENGO DRIOTOO MORENGO DR1184 VALELAKE CT0 Po Box 46419200 TILSONAVCACANYCACACACACACACACACACACACACA108 records of 108Santa Clara County Weed Abatement ProgramPage 5188 (over) TRA 13 Notice to Destroy Weeds NOTICE IS HEREBY GIVEN that on November 21, 2017 pursuant to the provisions of Section 9.08 of the Cupertino Municipal Code, the City Council passed a resolution declaring that all weeds growing upon any private property or in any public street or alley, as defined in Section 9.08.010 of the Cupertino Municipal Code constitute a public nuisance, which nuisance must be abated by the destruction or removal thereof. NOTICE IS FURTHER GIVEN that property owners shall without delay, remove all such weeds from their property and the abutting half of the street in front and alleys, if an y, behind such property and between the lot lines thereof as extended, or such weeds will be destroyed or removed and such nuisance abated by the County Agricultural Commissioner, in which case the cost of such destruction or removal will, including but not limited to administration costs, be assessed upon the lots and lands from which, or from the front or rear of which, such weeds shall have been destroyed or removed and such cost will constitute a lien upon such lots or lands until paid and will be colle cted upon the next tax roll upon which general municipal taxes are collected. All property owners having any objections to the proposed destruction or removal of such weeds are hereby notified to attend a meeting of said City to be held in the Council Chambers of City Hall, located at 10300 Torre Ave., Cupertino, California, on Tuesday, January 16, 2018 at 6:45 p.m., or as soon thereafter as the matter can be heard, when their objections will be heard and given due consideration. The language and format for this notice is required by California Health and Safety Code Sections 14891 Et. Seq. 189 (over) CITY OF CUPERTINO WEED ABATEMENT PROGRAM SCHEDULE January 16, 2018 Public hearing to consider objections to Abatement List. April 30, 2018 PARCEL ABATEMENT DEADLINE Parcel must be free from hazardous vegetation by this date or Inspector will order abatement. July/August 2018 Assessment Hearing date to be scheduled by City Council. 2018 COUNTY WEED ABATEMENT FEES Properties in the Weed Abatement Program, you will be responsible for an annual inspection fee of $90.00 per parcel. Please be advised that the property owner of any parcel found to be non-compliant on or after the April 30th deadline will be charged an inspection fee of $583.00 and the property will be scheduled for abatement by the County contractor. If you complete the abatement work before the County contractor performs the abatement, you will not incur further charges. Should the abatement work be performed by a County contractor, you will be assessed the contractor’s charges plus a County administrative fee of $576.00 per parcel. 2018 COUNTY CONTRACTOR’S WEED ABATEMENT PRICE LIST A) Disc Work** PARCEL SIZE: 1st Disc + 2nd Disc = Total Discs 0-12,500 sq.ft. $202.86 $136.00 $338.86 12,501sq.ft.- 43,560sq.ft. $235.72 $170.00 $405.72 Larger than 1 Acre $100.87 $89.53 $190.40 (PER ACRE) ** It is required that parcels be disced twice a year. The cost for the first discing is higher due to additional work normally required during the first discing. B) HANDWORK $3.38 PER 100 sqft C) FLAIL 6 Foot Mower $4.50 PER 1000 sqft MOWING 12 Foot Mower $3.50 PER 1000 sqft D) LOADER WORK $110.50 PER HOUR E) DUMP TRUCK $102.00 PER HOUR F) BRUSH WORK $3.38 PER 100 sqft G) Debris removal $38.86 PER 1000sqft G) DUMP FEE 100% Added to orders with debris removal at 100% of the dump site charge. *Please note this program does not offer herbicide application as a method of abatement. 190 County of Santa Clara Department of Agriculture and Environmental Management Weed Abatement Division 1553 Berger Drive Building I San Jose, CA 95112 (408)282-314s Fax (408) 286-2460 December 7,2017 IMPORTANT NOTICE TO ABATE WEEDS Dear Property Owner To protect your property and the surrounding area from possible fire, your jurisdiction contracts with the County of Santa Clara to operate a Weed Abatement Program. You are receiving this notice and information because it has been determined that your parcel is part of this Program. Please read the information carefully and contact us for clarification or additional information. Your jurisdiction has or will adopt a resolution declaring your property as one that may contain potential fire hazards from weeds or other debris. In addition, your jurisdiction will be conducting a public hearing to consider an abatement order requiring you to remove anyhazardous vegetation or combustible debris by the deadline in the attached schedule. The public hearing will be held on the date and atthe place stated in the attached notice and provides an opportunity for you to raise any objections or concerns to these requirements. The Weed Abatement Program will work with you if your property is habitat to protected species of plants and/or animals. If you believe your parcel includes an environmentally sensitive habifat, please cheık the box and provide additional information on the reply form to assist us in determining the best approach to weed abatement at your property. If after the public hearing, abatement is approved for your property, the County is authorized by its contract with the cities and the California Health and Safety Code sections 14875-14922 to inspect your property to determine whether the property has been cleared of hazards according to Minimum Fire Safety Standards (see enclosed brochure). Inspections will begin after the abatement deadline for your jurisdiction. This notice does not relieve you of your responsibility to complete the necessary work prior to the deadline for your jurisdiction. You will be responsible for an annual fee of $90 to cover the cost of the compliance inspection. If you fail to complete the required abatement prior to the County inspection of your property, you will be responsible for an inspection fee of $583 per parcel, and your property will be scheduled for service by the County contractor. If you complete the work before the County begins abating your property, you will not incur further charges. Should the abatement work be completed by the County, you will be assessed the County contractor's charges plus an administrative fee of $576 per parcel. The County will use the least costly method of abatement considering the physical characteristics of your properfy and environmental concerns. Fees are detailed in the attached price list. The total amount will be included as a special assessment on your property tax bill following confirmation of the charges by your jurisdiction. Notice of the date of that meeting will be posted at a location prescribed by your jurisdiction (typically at the Civic Center) at least three days prior to the meeting. Board of supervisors: Mike wasseÍnan, cindy chavez, Dave cortese, Ken Yeager, S. Joseph Simitian County Executive: Jeffrey V. Smith 191 You can avoid all costs, other than the annual fee, by completing the abatement work yourself according to Minimum Fire Safety Standards (see enclosed brochure) prior to the abatement deadline for your jurisdiction 4{ maintaining the Minimum Fire Safety Standards for the duration of fire season' which typically runs through October. Parcels will be removed from the program after three (3) consecutÍve years of voluntary compliance (work completed prior to the deadline). In preparation for this program, please complete and retum the enclosed Reply Form so that we are aware of your intentions regarding the maintenance of your property. If you designate in your reply that you intend to abate the weeds yourself, you are expected to complete the abatement before the deadline listed on the abatement schedule and maintain fire safe conditions for the duration of the fire season. Responding that you intend to provide maintenance yourself does not release you from this responsibitity to have the mainten ance completed before your deadline and repeated as necessary to maintain Minimum X'ire Safe Standards. County contractors will proceed to abate hazardous vegetation as necessary after the deadline for your jurisdiction. Enclosed you will fïnd the following information: { A Reply Form specific to your property. Please complete and return promptly. ./ A Notice to Destroy Weeds informing you of an upcoming public meeting that you must attend ifyou have any objections to the proposed removal ofhazardous vegetation or debris from your property. { A Weed Abatement Program Schedule for your city and a current County price list. 'V A Brochure about the Santa Clara County Weed Abatement program. Please be aware that any abatement performed by the County contractor must be in compliance with all applicable environmental protection regulations. Ifyour properfy falls within aî areadesignated as possible habitat for burrowing owls or any other protected species of bird or animal, the methods used to remove vegetation may be regulated by specific laws or local ordinances. If you are no longer the owner of the properly identified by this mailing, please noti$ the County immediately. If you sell your property after the date of this letter, it is your responsibility to notifu the new owner and to include the obligation to pay any abatement costs in your agreement of sale. Without taking this action, you will be responsible for all hazard abatement charges assessed to the property. Our goal is voluntary compliance with the Minimum Fire Safety Standards, and it is our objective to ensure that all properties remain safe from fire. If you have any questions about your property or need on-site advice to help you achieve compliance with the Minimum Fire Standards, please call the Santa Clara County Weed Abatement Program at (408) 282-3145. Sincerely, irector and Environmental Protection Agency 192 MINIMUM FIRE SAFETY STANDARDS Fire Safety Through Vegetation Management Fire Resistant Landscaping Santa Clara County Consumer and Environmental Protection Agency Weed Abatement Program 1553 Berger Drive #1
 San Jose, Ca 95112
 Phone (408) 282-3145
 Fax: (408) 286-2460
 SCC.WeedAbatement@cep.sccgov.org 1. Vegetation must not exceed 6 inches in height any time after the compliance deadline. 2. Maintain grasses and weeds below 6 inches for 10 feet horizontally on both sides of all roadways, including driveways and access routes. Roads and Driveways must maintain a clearance of 10’ W by 13’6” H for all vegetation 3. Clear flammable vegetation a minimum of 30 feet around any structure, occupied or not. Ornamental vegetation should be kept clear of dead material. Some conditions, such as slopes, may require up to a 100-foot clearance. 4. Parcels one acre or less shall be completely abated. Parcels over one acre up to five acres require 30-foot clearance around structures and perimeter property lines. Additional 30-foot cross fuel breaks may also be required. 5. Parcels larger than five acres require 30-foot clearance around structures and perimeter property lines in addition to 30-foot cross fuel breaks as needed to separate the remaining vegetation into sections no larger than five acres. 6. Keep property clear of accumulation of combustible debris, such as trash, wood, and dead vegetation. Stacked firewood and neatly piled yard waste is not considered to be combustible debris. 7. Keep vegetation cleared from under the eaves of houses. 8. Trim tree branches to at least 10 feet away from chimney. 9. Clear leaves, pine needles and debris from roof and gutters. The following is a partial list of fire resistant plants that you may choose to use around your home to reduce the risk of fire. Contact your local nursery for selections appropriate to your area. All grasses, including those purportedly fire resistant, must be maintained below 6” in height. Trees: African Sumac California Pepper Shrubs: Bearberry Carmel Creeper Carolina Cherry Catalina Cherry Escallonia Hopseed Bush Lemonade Berry Groundcover: Aaron’s Beard Australian Daisy Candytuft Sterile Capeweed Freeway Daisy Rock rose (except Gum Variety) 193 The Santa Clara County Weed Abatement Program The Santa Clara County Department of Agriculture and Environmental Management and your city are working together to protect your community from fire. We need your help. Please read and follow the directions provided in this brochure regarding fire prevention on your property. The purpose of the Weed Abatement Program is to prevent fire hazards posed by vegetative growth and the accumulation of combustible materials. The Weed Abatement program is entirely funded from fees charged to residents. Fees will be assessed for any property in the program. This is to cover the cost of the compliance inspection for the property. Properties that fail the compliance inspection will be charged a failed inspection fee, even if the resident completes the weed abatement. If the property requires abatement by the County contractor, the property owner will be responsible for the actual cost of abatement plus an administrative fee. Properties that meet and maintain the minimum fire safety standards will not be charged other than the annual fee. Program staff annually inspect parcels at the beginning of the fire season, which is typically in March or April depending on your jurisdiction. If the parcel is not in compliance at the time of inspection, the property owner will be charged a failed inspection fee, and the owner will be sent a courtesy notice as a reminder to abate the weeds. If the weeds are not abated by the property owner, the work will be completed by the County contractor. The property owner will pay the contractor’s fees plus a County administrative fee. All fees will be included in your property tax bill. Our Goal Is Voluntary Compliance Property Owner’s Responsiblilities  Do not allow a fire hazard to exist on your property. The Minimum Fire Safety Standards (MFSS) in this brochure give you guidelines to follow in order to maintain your property and protect against a fire hazard. Please contact our office if you need guidance or have any questions regarding the requirements!  Make arrangements to have your property maintained throughout the year. Contractors can be found in the yellow pages. You may choose to have the County contractor maintain your property. A current price list is included in your packet.  Please complete and return the Reply Form provided in your mailing packet by the date on the form. Indicate your preference regarding performance of weed abatement services. Program Staff Responsibilities  Weed Abatement Inspectors will perform periodic inspections on all parcels included in the Santa Clara County Weed Abatement Program. Properties that fail the compliance inspection will be charged a failed inspection fee, even if the resident completes the weed abatement.  Inspectors will order the County contractor to perform all necessary abatement work on any parcel where the MFSS are not met. An attempt will be made to give the owner a courtesy notice prior to releasing the work order.  The County contractor uses several methods of abatement including discing and handwork. The property owner is free to select whatever method they choose, provided the MFSS of all federal, state and local laws are met.  The Weed Abatement Program will place inspection costs and the charges for County contractor services plus a County administrative fee on the property owner’s tax bill during the next fiscal year. Burrowing Owls Frequently Asked Questions Q. Why have I received an Abatement Notice? A. Typically, a property is placed on the program if a Weed Abatement Inspector identified a potential fire hazard on the property. Fire Departments and other agencies also submit complaints to the Weed Abatement Program. Q. What is required of me now that I am in the Program? A. All property owners are required to maintain their property free of fire hazards throughout the year. Q. The grasses planted on my property are fire resistant. Are they exempt from the Weed Abatement program? A. No. Even grasses that possess some fire resistant qualities are not fire proof, and they can add fuel to any site that is subject to a fire. Additionally, fire resistant grasses are rarely found in a pure, homogenous stand but rather are usually found to occur mixed with other common introduced annual grasses that are highly flammable and hazardous in a fire event. Finally, many grasses occur in Santa Clara County and species identification is difficult in the field, especially after the spring when the reproductive portions required for identification have dried and dispersed. Weed Abatement Inspectors can only focus on the presence of grasses and weeds on your property and the Minimum Fire Safety Standards, and not on grass species identification. Therefore, all grasses are required to be below 6 inches in height. Q. What is the SC County Weed Abatement Program? A. This is a monitoring program and our primary objective is voluntary compliance. See the first two paragraphs of this brochure for further specifics. These small owls nest in abandoned ground squirrel burrows. Discing collapses the burrows and kills the young. These owls are listed as a state Species of Special Concern and are protected by the federal Migratory Bird Treaty Act. If you suspect burrowing owls on your property you must use another form of weed abatement such as mowing or weed- eating. If you request the County perform abatement services, please notify program staff or your City if burrowing owls are known to exist on your property. More FAQ: Q. How long will I be on the Program? A. Your property will remain on the Program for three years. If no hazards are found during that time, your property may be removed from the program. Q. How much will this cost me? A. There will be an annual fee to cover the cost of the compliance inspection. If the parcel does not meet the MFSS when it is first inspected in the spring, or if work is required by the County contractor, you will be charged additional fees. Our goal is to ensure that the MFSS are met at the lowest possible cost to the property owner. Q. How will I be billed? A. Any charges for the inspection and any abatement work performed will appear as a special assessment on your next property tax bill. Q. Why have you performed work on my property while the vegetation is still green? A. Grass, weeds or piles of combustible debris have been declared a public nuisance by your jurisdiction. Abating fire hazards in the spring minimizes the volume of combustible material before the hazards increase and dries out completely during the peak fire season. Q. Will you notify me prior to beginning abatement work? A. Property owners are responsible for preventing fire hazards on their property. If the MFSS have been met, but further work is necessary, you will receive notice prior to the County contractor performing the work. If the MFSS have not been met, an attempt will be made to give the owner a courtesy notice prior to initial abatement. Q. Where can I find someone to provide abatement services? A. Weed Abatement contractors can be found in the Yellow Pages under “Weed Control Services” or “Discing Services”. You may have the County contractor perform the necessary work; see your mailing packet for a current price list as administrative costs are charged. Q. How can I get additional information or assistance regarding the specific requirements for my property? A. Weed Abatement Inspectors are available to assist you and answer your questions. Please call our Customer Service line at (408) 282-3145 to schedule a consultation with program staff or to obtain additional information. Q. I have Grazing Animals do I need to perform abatement? A. Grazing animals do not absolve you of your responsibilities to provide a fire safe condition on your property. You will need to check with our office to determine if grazing is adequate or if additional work is required. 194 RESOLUTION NO. 17-110 A RESOLUTION OF THE CUPERTINO CITY COUNCIL DECLARING WEEDS ON CERTAIN DESCRIBED PROPERTY TO BE A PUBLIC NUISANCE AND SETTING A HEARING FOR OBJECTIONS TO PROPOSED REMOVAL WHEREAS, weeds are growing in the City of Cupertino upon certain streets, sidewalks, highways, roads and private property; and WHEREAS, said weeds may attain such growth as to become a fire menace or which are otherwise noxious or dangerous; and WHEREAS, said weeds constitute a public nuisance; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cupertino as follows: 1. That said weeds do now constitute a public nuisance; 2. That said nuisance 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 prepared by the Agricultural Commissioner and attached hereto; 3. That the 16th day of January, 2018, 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, is hereby set as the time and place where all property owners having any objections to the proposed removal of such weeds may be heard; 4. That the Agricultural Commissioner 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. 195 Resolution No . 17-110 Page2 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 21st day of November, 2017, by the following vote: Vote Members of the City Council AYES: Vaidhyanathan, Paul, Chang, Scharf, Sinks NOES: None ABSENT: None ABSTAIN: None ATTEST: APPROVED: Grace Schmidt, City Clerk ~~~~fr ~ Savita Vaidhyanafu ~ Mayor, City of Cupertino 196 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:117-3238 Name: Status:Type:Ordinances and Action Items Agenda Ready File created:In control:11/8/2017 City Council On agenda:Final action:1/16/2018 Title:Subject: Council Committee appointments Sponsors: Indexes: Code sections: Attachments:A - Council Committee Assignments Action ByDate Action ResultVer. City Council1/16/2018 1 Subject: Council Committee appointments Approve Council Committee appointments CITY OF CUPERTINO Printed on 1/10/2018Page 1 of 1 powered by Legistar™197 2018 Council Committees 2018 Council Committees Barry Steven Savita Darcy Rod 2017 Representative Meetings Association of Bay Area Governments (ABAG)X Steven 2x a year X Alternate - Barry Audit Committee (City of Cupertino)X X Steven and Rod Quarterly Comprehensive County Expressway Planning Study Policy Advisory Board X Darcy TBD Alternate - Steven Disaster Council (Cupertino)X Savita Quarterly X Alternate - Steven Economic Development Committee X Savita and Steven Quarterly X Environmental Review Committee X Rod 2x a month X Alternate - Savita Fiscal Strategic Planning Committee X X Rod and Steven Monthly March-June Legislative Review Committee X X Barry and Rod As Needed League of California Cities - Peninsula Division All All All All All ALL 3x a year Dinner Meetings Santa Clara County Cities Association - Board of Directors X Rod Monthly X Alternate - Savita Santa Clara County Cities Association - City Selection Committee X Savita As Needed X Alternate - Rod Santa Clara County Cities Association - Legislative Committee X Rod As Needed X Alternate - Savita 1] 1/10/2018 - FINAL 198 2018 Council Committees 2018 Council Committees Barry Steven Savita Darcy Rod 2017 Representative Meetings Santa Clara County Library District Joint Powers Authority - Board of Directors X Darcy Quarterly X Alternate - Barry Santa Clara Valley Water Commission X Steven Quarterly X Alternate - Darcy 2nd Alternate - Timm Borden Santa Clara Valley Transportation Authority X Rod Monthly Policy Advisory Committee X Alternate - Barry School Board Liasion X Darcy Quarterly FUHSD, CUSD, Foothill-DeAnza Community College District X Alternate - Savita Sister City Committees X X Savita (Bhubaneswar, Copertino, Toyokawa)Monthly Barry (Hsinchu)(3 cities) West Valley Mayors and City Managers X Darcy Monthly Alt Alternate - Rod 85 Policy Advisory Board X Rod Monthly X Alternate - Barry Silicon Valley Clean Energy Authority (SVCEA) JPA X Rod 4x a year X Alternate - Darcy or as needed 2] 1/10/2018 - FINAL 199 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:117-3306 Name: Status:Type:Reports by Council and Staff Agenda Ready File created:In control:11/13/2017 City Council On agenda:Final action:1/16/2018 Title:Subject: Report on Committee assignments and general comments Sponsors: Indexes: Code sections: Attachments: Action ByDate Action ResultVer. City Council1/16/2018 1 Subject: Report on Committee assignments and general comments Report on Committee assignments and general comments CITY OF CUPERTINO Printed on 1/10/2018Page 1 of 1 powered by Legistar™200