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Home My WebLink AboutCC - 12.05.2023! t i r'i 'a Televised Special Meeting (5:00) and Regular City Council Meeting (6:45) IN-PERSON AND TELECONFERENCE / PUBLIC PARTICIP ATION INFORMATION Members of the public wishing to obsenre the meeting may do so in one of the following ways: 1) Attend in person at Cupertino Community Hall, 10350 Torre Avenue. 2) Tune to Comcast Channel 26 and AT&T U-Verse Channel 99 on your TV. 3) The meeting will also be streamed live on and online at www.Cupertino.org/youtube and www.Cupertino.org/webcast Members of the public wishing to comment on an item on the agenda may do so in the following ways: 1) Appear in person at Cupertino Commuriity Hall. 2) E-mail comments by 4:00p.m. on Tuesday, December 5to the Council at citycouncil@cupertino.org. These e-mail comments will also be forwarded to Councilmembers by the City Clerk's office before the meeting and posted to the City's website after the meeting. Members of the public may provide oral public comments during the Meeting as follows: Oral public comments will be accepted during the meeting. Comments may be made during "oral communications" for matters not on the agenda, and during the public comment period for each agenda item. Oral public comments may be made during the public comment period for each agenda item. Members of the audience who address the City Council must come to the lectern/microphone, and are requested to complete a Speaker Card and identify-fhemselves Page 1 City Council Agenda December 5, 2023 Completion of Speaker Cards and identi,fying yourself is voluntary and not required to attend the meeting or provide comments. 3) Teleconferencing Instt'uctions To address the City Council, click on the.link below to register in advance and access the meeting: Online Register in advance for this webinar: https://cityofcupertino.zoom.us/webinar/register/WNlqDtPC31RsmLVc4WXjeYxw Phone Dial: 669-900-6833 and enter Webinar ID: 938 7738 4168 (Type '9 to raise hand to speak, *6 to unmute yourself). Unregistered participants wffl be called on by the last four digits of their phone number. Or an H.323/SIP room system: H.323: 162.255.37.11 (US West) 162.255.36.11 (US East) Meeting ID: 938 7738 4168 SIP: 93877384168@zoomcrc.com After registering, you will receive a confirmation email containing information about joining the webinar. Please read the following instructions carefully: 1. You can directly download the teleconference software or connect to the meeting in your internet browser. If you are using your browser, make sure you are using a current and up-to-date browser: Chrome 30+, Firefox 27+, Microsoft Edge 12+, Safari 7+. Certain functionality may be disabled in older browsers, including Internet Explorer. 2. You will be asked to enter an email address and a name, followed by an email with instructions on how to connect to the meeting. Your email address will not be disclosed to the public. If you wish to make an oral public comment but do not wish to provide your name, you may enter "Cupertino Resident" or similar designation. 3. When the Mayor calls for the item on which you wish to speak, click on 'lraise hand," or, if you are calling in, press *9. Speakers will be notified shortly before they are called to Page 2 City Council Agenda December 5, 2023 speak. 4. When called, please limit your remarks to the time allotted and the specific agenda topic. 5. Members of the public that wish to share a document must email cityclerk@cuperhno.org prior to speaking. These documents will be posted to the City's website after the meeting. 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, December 05, 2023, commencing at 5:00 p.m. in Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, California 95014 and via teleconference. Said special meeting shall be for the purpose of conducting business on the subject matters listed below under the heading, "Special Meeting." SPECIAL MEETING ROLL CALL - 5:00 PM STUDY SESSION 1.$: Receive presentation regarding revenue tax measure options for the City's General Fund and provide direction to staff on winch revenue tax measure(s), if any, to explore for feasibility through opinion research for the November 2024 election Recommended Action: Provide direction to staff regarding exploring the feasibility of one or more potential revenue tax measures-Transaction and Use Tax, Transient Occupancy Tax, Parcel Tax, and/or Business Operations Tax-through opiniori research for tlie November 2024 election Presenter: Kristiiia Alfaro, Director of Administrative Services Staff Reoort A - Presentation ADJOURNMENT REGULAR MEETING CALL TO ORDER - 6:45 PM PLEDGE OF ALLEGIANCE ROLL CALL CLOSED SESSION REPORT Page 3 City Council Agenda December 5, 2023 CEREMONIAL ITEMS 1. $: Certificates of appreciation to volunteers at the Silicon Valley Korean School (SVKS) Recommended Action: Present certificates of appreciation to volunteers at the Silicon Valley Korean School (SVKS) A - Certificates of Appreciation 2.$: Recognition of Manny Barragan as the City of Cupertino's longest serving employee Recommended Action: Present certificate of recognition recognizing Maniiy Barragan as the City of Cupertino's longest serving employee A - Certificate of Recognition 3.$: Recognition of Cupertino Sister City relationships Recommended Action: Present certificates of recognition to Cupertmo Sister Cities representing Copertiiio, Italy; Toyokawa, Japan; Hsinchu, Taiwan; and Bhubaneswar, India A - Certificates of Recognition POSTPONEMENTS AND ORDERS OF THE DAY ORAL COMMUNICATIONS This portion of the meeting is reserved for persons uiishing to address the Cotmcil own any matter zoitliin the jurisdiction of the Cormci( and not 07? the agenda for discussion, including informational items. The total time for Oral Communications will ordinarily be Limited to one hour. Individua7 speakers are iimited to three (3) minutes. As necessary, the Chair may fitrther (imit the time al(ozoed to individua[ speakers, or reschedu{e remaining comments to the end of the meeting on a first come first heard basis, with priority givert to studertts. Irt most cases, State law wi(l prohibit the Counci7 from discussing or making any decisions with respect to a matter not listed 07? the agenda. A counci[member may, hozoever, briefly respond to statements made or questions posed by speakers. A councilmember may also ask a question for clarificatio'n, provide a reference for factual information, request staff to report back concerni;hg a matter, or request that an item be added to a future Cih) Cormci[ agertda in response to pub(ic commertt. CONSENT CALENDAR (Items 4-9) Items appearing on the Co;nsent Calendar are considered routine City business artd may be approved by one motion. Typica7 items may include meeting minutes, awards of contracts, the ratification of accovmts payable, and second readings of ordi'nances. Any member of the Cotmcil may request to have an item removed from the Consent Calendar based on the rudes set forth in the City Covmcil Procedures Manual. Members of the public may provide input on one or more consent calendar items when the Page 4 CityCouncil Agenda Mayor asks for pub(ic comments on tlie Consent Ca(e;ndar. December 5, 2023 4. $: Approval of the November 14 City Council minutes Recommended Action: Approve the November 14 City Coincil minutes A - Draft Minutes 5, $: Approval of the November 21 City Council minutes Recornrnended Action: Approve the November 21 City Coiu'icil minutes A - Draft Minutes $: Adopt a maximum rate schedule for Rate Period Four for Recology to provide recycling, organics, and solid waste collection, recycling and organics processing services, and transport for disposal as calculated using the allowed and approved methodology iii the Franchise Agreement Recommended Action: Adopt Resolution No. 23-131 (Attachment A) to: 1. Adopt a maximum rate schedule for Rate Period Four for Recology to provide recycling, organics, and solid waste collection, recycling and organics processing services, and transport for disposal pursuant to the franclnse agreement (Attachment B; (FA Exhibit E2)); and 2 Authorize the use of $547,800of restricted-use enterprise funds to smooth and mitigate the Rate Period Four adjustment Staff Reoort A - Draft Resolution B - Recology Franchise Agreement C - HF&H Report - Review of RP 4 Application $: Adopt the OPEB aiid Pension Trust Investment Policies Recommended Action: 1. Adopt Resolution No. 23-132 for the OPEB Trust Investment Policy; and 2. Adopt Resolution No. 23-133 for the Pension Trust Investment Policy Staff Report A - OPEB Trust Investment Policy (Clean) B - OPEB Trust Investment Policy (Redline) C - OPEB Investment Policy Draft Resolution D - Pension Trust Investment Policy (Clean) E - Pension Trust Investment Policy (Redline) F - Pensioi Investment Policy Draft Resolution 8. $: Accept Silicon Valley Clean Energy Comrminity Resilience Grant in the amount of up to $233,963 to purchase two (2) Electric Vehicle Autonomous Renewable Cliarger (EV ARC) portable solar-powered charging systems Page 5 City Council Agenda December 5, 2023 Recorni'nended Action: 1. Adopt Resolution No. 23-134 accepting up to $233,963 in Community Resilience Grant fundiitg from Silicon Valley Clean Energy and approving budget modification #2324-316 increasing appropriation and estimated revenues by $233,963 in 100-87-829 900-990 for procurement of Electric Vehicle Autonomous Renewable Charger units; 2. Authorize the City Manager to execute all documentation necessary to accept the grant funding; and 3. Authorize the purchase the two (2) Electric Vehicle Autonomous Renewable Charger units, trailer and additional support and maintenance for a total cost of $233,963 from Beam Global Staff Report A - Draft Resolution B - Grant Agreement C - Beam EV ARC Price 0uote D - BEAM EV ARC Product Informaiton E - State of California Agreement 9,$: Cancellation of the December 19, 2023 City Council meeting Recommended Action: Cancel the December 19, 2023 City Council meeting Staff Report PUBLIC HEARINGS Effective January 1, 2023, Government Code Section 65103.5 (SB 1214) (imits the distribution oj copyrighted materia/ associated with the review of deve{opme;nt projects. Members of the public wishing to view plans tliat can;not otherwise be distributed vmder SB 1214 may make an appointment with the Planning Division to view tliem at City Hall by sertding an emai7 to planning@cupertino.org. Plans wiu also be made avaiiab(e digital(y during the hearing to consider the proposaL 10. $: Municipal Code Amendment to Chapter 19.76 and a Conditional Use Permit and Parking Exception for the use of a former public school site by a pre-kindergarten through 9th grade private educational facility and associated Categorical Exemption u-ider CEQA. (Application No.: MCA-2023-003; U-2023-002; EXC-2023-009 Applicant: City of Cupertino; Grace Stanat on behalf of Tessellations; Location: BA-zoned (Public Building) properties in Cupertino; 1170 Yorkshire Drive; APN# 362-08-001) Page 6 December 5, 2023CityCouncil Agenda Recommended Action: That the City Cou'icil: 1. Find the proposed actions exempt from the California Environmental Quality Act (CEQA) and CEQA Guideliiies; 2. Conduct the first reading of Ordinance No. 23-2253: "An Ordinance of the City Council of the City of Cupertino amending Cupertiiio Municipal Code Chapter 19.76 (Table 19.76.030) to allow privately operated educational uses and privately operated public serving uses in the BA zorffig district "; 3. Adopt Resolution No. 23-135 approving the Conditional Use Permit (U-2023-002); and 4. Adopt Resolution No. 23-136 approving the Parking Exception (EXC-2023-009) Presenter: Emi Sugiyama, Associate Planner Staff Report A - Draft Ordinance for MCA-2023-003 B - Draft Resolution for U-2023-002 C - Draft Resolution for BXC-2023-009 D - Plan Set (Abridged Pursuant to SB1214) E - Applicant's Project Description F - Planning Commission Resolution 2023-14 G - Planning Commission Resolution 2023-15 H - Planning Commission Resolution 2023-16 ACTION CAI,ENDAR 11. $: Proposed arnendments to Municipal Code Chapter 19.12, Chapter 19.28 and Chapter 19.112 regarding Two-Story Permit and Accessory Dwelling Unit (ADU) laws. (Application No. MCA-2023-002; Applicant: City of Cupertino; Locatioii: City-wide) Recommended Action: That the City Cou'icil conduct the public hearing and conduct the first reading of Ordinance No. 23-2254: "An Ordinance of The City Council of the City of Cupertiiio to amend Municipal Code Chapter 19.12, Chapter 19.28 and Chapter 19.ll2Regarding Two-Story Permit and Accessory Dwelling Unit (ADU) Laws" (Attachment A) to amend the following: a. Chapter 19.12, Administration, and b. Chapter 19.28 Single-Family Residential (R-1) Zones. c. Chapter 19.112, Accessory Dwelling Units (ADU) Presenter: Gian Martire, Senior Planner Staff Retiort A - Draft Ordinance (Clean> B - Draft Ordinance (Redline) C - Planning Commission Resolution No. 2023-17 D - Gov. Code Sections 65852.2 and 65852.22 E - Public Comment COUNCIL REPORTS AND COMMENTS Page 7 City Council Agenda December 5, 2023 12. $: Councilrnember Reports A - Council Reports, Fruen B - Council Reports, Mohan C - Council Reports, Moore D - Council Reports, Wei CITY MANAGER REPORT ORAt COMMUNICATIONS - CONTINUED INFORMATIONAL ITEMS I;nformation items are intended to provide background information and routine reports to Councilmembers and the pub7ic, without discussion by Council. Members of the public wishing to coynmertt on informational items should do so during ora( comrmmications 13. $: Update regardiiig Vallco's SB 35 project approval Recommended Action: Receive the update regarding Vallco's SB 35 project approval Informational Memorandum A - Email from Reed Moulds, Managing Director, Sand Hill Property Company, dated 11/29/2023 14. $: Update on Maiii Street Recommended Action: Receive the update on Main Street Informational Memorandum A - November 14 Planning Commission staff report B - Director's Decision /Main Street Note to File COUNCIL AND ST AFF COMMENTS AND FUTURE AGENDA ITEMS ADJOURNMENT Lobbyist Registration and Reporting Requiremertts: Individuals who i;nfluence or attempt to influence legislative or administrative action may be required by tlie City of Cupertino's lobbying ordinance (Cupertino Mtmicipa7 Code Chapter 2.100) to register and report lobbying activity. Persons whose commu;nications regarding any 7egis(ative or administrative are solely 7imited to appearing at or submitting testimony for any public meeting herd by the City are not required to register as Lobbyists. For more information about the iobbying ordinance, please contact t.he City Clerlc's Office at 10300 Torre Avenue, Cupertino, CA 94107; telephone (408) 777-3223; emair cityc(erk@cupertino.org; and zoebsite: zozow.cupertino.org/lobbyist. Tlie City of Cupertino has adopted the provisions of Code of Civi7 Procedure §1094.6; Litigation char(ertging a fina( decision of the City Council must be brought within 90 days after a decision is annoi.mced vmless a shorter time is required by State or FederaI law. Page 8 City Council Agenda December 5, 2023 Prior to seeking judicia( review of any adjudicatory (quasi-judicial) decision, interested persons must fi(e a petition for reconsideration zoithin ten calendar days of tlie date the City Clerk mails notice of tlie Cih)'s decision. Reconsideration petitions must comply witli the requirements ofCupertino Mtmicipal Code §2.08.096. Contact the City Clerk's office for more information or go to http://zotozo.cupertino.org/cityclerk for a reconsideratio;n petition form. In compliance with the America;ns r.oith Disabi(ities Act (ADA), anyone who is planning to attend this meet'mg zoho is visua7(y or hearing impaired or has any disability that needs specia( assista;nce shou(d call the City C7erlc's Office at 408-777-3223, at least 48 liours in advance of tlie meeting to arrange for assistance. In addition, upon request, in advance, by a person with a disabilih), meeting agendas and writings distributed for the meeting that are public records will be made availab7e in the appropriate alternative format. Any writings or documents provided to a majority of the Cupertino City Cormcil after publication of the packet zoi77 be made available for public inspection in the City Clerk's Office located at City Ha(1, 10300 Torre Avertue, Cupertino, California 95014, during norma) business hours; and in Covmcil packet archives linked from the agenda/minutes page on the Cupertino web site. IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Mtmicipa'L Code section 2.08.l00written communicatio;ns sent to the Cuperti;no City Council, Commissioners or Ci'ly staff concerning a rnatter on the agenda are included as supplementa7 materia( to the agendized item. These writtert commtmications are accessib(e to the pub(ic through the Citi)'s website and kept in packet archives. Do not include any persona7 or private information in written commtmications to the City that you do not wish to make public, as written communications are considered public records and wit( be made publicly avai7able on the City roebsite. Page 9 THE CITY COUNCIL AND STAFF CITY COUNCIL Cupertino is a General Law city organized under and subject to statutes of the State of California. It is governed by the five-member City Council with the Mayor as the presiding officer. City Council members are elected at-large to four-year, overlapping terms. Each November a mayor and a vice-mayor are selected by the City Council for a one- year term. The City Council receives advice and assistance from eleven advisory bodies, which are appointed by the Council. These are the Audit Committee, Bicycle Pedestrian Commission, Fine Arts Commission, Housing Commission, Library Commission, Parks and Recreation Commission, Planning Commission, Public Safety Commission, Sustainability Commission, Teen Commission, and Technology, Information, and Communications Commission. Council members also serve on a variety of regional bodies, including: - Association of Bay Area Governments - League of California Cities - Santa Clara County (SCC) Cities Association - SCC Emergency Preparedness Council - SCC Library District - SCC Emergency Preparedness Commission - Santa Clara Valley Water Commission and Water District - SCC Transportation Authoritym - West Valley Mayors and Managers STAFF The City Manager and the City Attorney are appointed by the Council. The City Manager is responsible for interpreting and carrying out Council policies and direction, and as the chief administrative officer, the City Manager coordinates the many activities of the city and appoints the professional and technical staff. The City Attorney is the advisor to the City Council as a whole. TYPES OF COUNCIL ACTIONS ORDINANCES Ordinances are the means by which the City enacts its local laws. Unless an urgent situation exists, ordinances will first be presented at a Council meeting as a "first reading." At a subsequent Council meeting, there will be a "second reading and adoption." Ordinances go into effect after a waiting period of thirty days, in most cases, during which time the summary of the ordinance is published in a local newspaper approved for this purpose. RESOLUTIONS Resolutions and minute orders are the means by which the City Council formally adopts policies or approves specific actions. These go into effect when adopted. APPEALS Any interested person, including a Council member, may appeal a Planning Commission or Director of Community Development decision to the City Council. An appeal must be submitted in writing to the City Clerk within 14 calendar days of the mailing of the notice of the decision. RECONSIDERATION 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 www.http://www.cupertino.org/index.aspx?page=l25 for a reconsideration petition form. .11 iiiiiiiniiniviiiii i i nnuinimaiisi i i*aia--==---===iiiuiii unnuuiiiiiiiniiin iininvi unv* aaa*ii aaaiis aa aa 111111111411 i i. mninui uiiiinvna nxiini iis*i*aas----= l === = nniuniinniia mii iiniinivminaa*aaa iaais* iasisi*i*aaaaaii **aisa+a aai aa COMMUNICATINGWITHCOUNCIL i All Council members: citycouncil@cupertino.org HungWei HWei@cupertino.org (408)777-3139 Sheila Mohan SMohan@cupertino.org (408) 777-1326 LiangChao LiangChao@cupertino.org (408)777-3192 ' J.R. Fruen JRFruen@cupertino.org (408)777-1316 Kitty Moore KMoore@cupertino.org ' (408) 777-1389 Executive Assistant Debran@cupertino.org (408) 777-3212 CityHall www.cupertino.org (408)777-CITY Please note: the City Council discourages submission of written materials on the day of the meetinz as this does not provide enough time to give the materials fair evaluation. If you must provide written materials on the day of the meeting, as least one copy must be given to the City Clerk for the permanent record, and ten copies are preferred. ).' _l_i.ii.inn.mnn uuuumuuuuuuuullllllllllllluUuiuivuvuut_tiuunlll0lllkllulllffiallajjajjiiaiiixnniviiumiitiimniuuiniiumnnninuiniuunnii.i.iin.uuiai*ixiiil<as*iiiliiiaiiasaiii II%I0III% llllllllllllllIjlllljlllllallllll41llllllll##### NEWS AND NOTICES FROM CITY HALL t EMAIL Sign up for e-notification of agendas, elections, and other news on the city website at www.cupertino.org/notify TELEVISION The City Channel broadcasts City Council and Planning Commission meetings, as well as agenda previews, public service announcements, and other programs of community interest, on Channel 26 in Cupertino. The meetings are shown at these times: Tuesday (live) 6:45 p.m. Friday (replay) 10:00 a.m. Thursday (replay) 7:00 p.m. Saturday (replay) 9:00 a.m. INTERNET City Council and Planning Commission videos are available on demand at www.cupertino.org. Select "l Want To, View City Council meetings". News and community information can also be found at: https://www.facebook.com/cityofcupertino/ https://twitter.com/CityofCupertino https://www.instagram.com/cityofcupertino AUDIO Tune into Radio Cupertino, 1670 AM, for meeting announcements, public service messages, and emergency announcements. USEFUL TELEPHONE NUMBERSI City of Cupertino (City Hall) General Information and Comments (408) 777-CITY Fire (Emergency) Santa Clara County Fire Dept. dispatch 911 Fire (Non-Emergency ) Santa Clara County Fire Dept. (408) 378-4010 Garbage RecologySouthBay (408)725-4020 Gas & Electricity Pacific Gas & Electric (PG&E) 1-800-743-5000 Recreation & Community Quinlan Community Center (408) 777-3120 Services Police (Emergency) Santa Clara County Sheriff dispatch 911 Police (Non-Emergency) Santa Clara County Sheriff (408) 868-6600 Public Health Santa Clara County Public Health (408) 732-3720ISanitarySewers CupertinoSanitary District (408)253-7C171 Water SanJoseWater (408)279-7900 CaliforniaWater (650)917-0152