Loading...
HomeMy WebLinkAboutCC - 11.07.2023STATE OF CALIFORi4A Televised Special Meeting (5:30) and Rg"ul"ar" Aity Council Meeting (6:45) s'XG'lXJATUr<B CtlPERTINO IN-PERSON AND TELECONFERENCE / PUBLIC PARTICIPATION INFORMATION Members of the public wishing to observe the meeting may do so in one of the followingways: 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 thefollowing ways: 1) Appear in person at Cupertino Community Hall. 2) E-mail comments by 4:00p.m. on Tuesday, November 7to the Council atcitycouncil@cupertino.org. These e-mail comments will also be forwarded toCouncilmembers by the City Clerk's office before the meeting and posted to the City'swebsite 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 madeduring "oral communications" for matters not on the agenda, and during the publiccomment period for each agenda item. Oral public comments may be made during the public comment period for each agendaitem. Members of the audience who address the City Council must come to thelectern/mxcrophone, and are requested to complete a Speaker Card and identify themselves. Page 1 CityCouncil Agenda November7,2023 Completion of Speaker Cards and identifying yourself is voluntary and not required to attend the meeting or provide comments. 3) Teleconferencing Instructions 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/WNav416LhKR4er6ABE5WYENA Phone Dial: 669-900-6833 and enter Webinar ID: 967 5357 4342 (Type *9 to raise hand to speak, *6 to unmute yourself). Unregistered participants will 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: 967 5357 4342 SIP: 96753574342@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 "raise hand," or, if you are calling in, press *9. Speakers will be notified shortly before they are called to Page 2 aty Council Agenda November 7, 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@cupertino.org prior to speaking. These documents will be posted to the City's website after the meeting. NOTICE AND CAI.,L FOR A SPECIAt MEETING OF THE CUPERTINO CITY COUNCIL NOTICE IS HEREBY GIVEN that a special meeting of the Cupertino City Council is hereby called for Tuesday, November 07, 2023, commencing at 5:30p.m. in Community Hall Council Chamber, 10350 Torre Avertue, 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 CAtL - 5:30 PM ACTION CAtENDAR 1.Approve the Tentative Agreement revising the salary and benefits terms of the Memorandim of Understanding (MOU) for the Cupertino City Employees' Association (CEA)/IFPTE Local 21 for the term of July 1, 2022 through June 30, 2025. Recommended Action: 1. Adopt the Resolution 23-114 approving the Tentative Agreement between the City of Cupertino and Cupertino City Employees' Association (CEA)/IFPTE Local 21; and 2. Approve the corresponding Salary Schedule for CEA employees effective July 1,2023. Presenter: Kristina Alfaro, Director of Administrative Services A - CEA signed Tentative Agreement(Exhibit A) B - Draft Resolution C - CEA Salary Scliedrile 2.: Approve the Tentative Agreement revising salary and benefits terms of the Memorandun of Understanding (MOU) for the Operating Engineers Local No. 3 Union, AFL-CIO (OE3) for the term of July 1, 2022 through June 30, 2025. RecommendedAction: 1. Adopt Resolution 23-115 approving the Tentative Agreement between the Operating Engineers Local No. 3 Union, AFL-CIO (OE3); and 2. Approve the corresponding Salary Schedile for OE3 employees effective July 1,2023. Presenter: Kristina Alfaro, Director of Administrative Services Page 3 City Council Agenda November 7, 2023 A - OE3 signed Tentative .%reement (Exlubit A) B - Draft Resolution C - OE3 Salary Schedule 3.Approve and update the health benefits for Elected Officials' Compensation Program Recommended Action: Adopt Resolution No. 23-II6 revising the health benefits for the Elected Officials' Compensation Program effective July 1, 2023 Presenter: Kristina Alfaro, Director of Administrative Services A - Elected Officials' Compensation Program - Clean (Exhibit A) B - Elected Officials' Compensation Program - Redline C - Draft Resolution ADJOURNMENT REGULAR MEETING CALL TO ORDER - 6:45 PM PtEDGE OF ALI,EGIANCE ROL[ CAI,I, CLOSED SESSION REPORT CEREMONIAI., ITEMS 1.$: Proclamation recognizing November 12-18, 2023 as United Against Hate Week Recommended Action: Present proclamation recognizing November 12-18, 2023 as United Against Hate Week A - Proclan"iation 2. POSTPONEMENTS AND ORDERS OF THE DAY ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wisliing to address the Counci7 on any matter within the jurisdiction of the Cotmci7 and not on the agenda for discussion, inchtding informational items. T7'l(' tota7 time for Oral Comyntozications will ordinarily be Limited to one hour. IndividuaL speakers are (imited to three (3) minutes. As necessary, the Chair mrty fi.trther liynit the time allowed to individual P%e 4 City Council Agenda November 7, 2023 speakers, or reschedtde rema'ming comments to the end of the meeting 07? a first coyrte first heard basis, with priority given to studertts. by most cases, State law wirl prohibit t'lie Council from discussing or making any decisions with respect to a inatter not {isted on the agenda. A councilmember inay, however, briefly respond to statements made or questions posed by speakers. A counci7member may also ask a question for clarification, provide ci reference for factual information, request staff to report back concerning a matter, or request that an item be added to a future City Counci( agenda in response to public comment. CONSENT CALENDAR (Items 3-11) Items appearing on the Consertt Calendar are considered routine City business and may be approved by one motion. Typical items may include meeting minutes, azoards of contracts, the ratification of ctccovmts payable, and second readings of ordinances. Arty member of the Counci[ may request to have an item removed from tlie Consent Calendar based on the rules set forth in the City Counci7 Procedures Manual. Members of the public may provide input on one or more consertt calendar items w7"ten the Mayor asks for public comments on the Consent Calendar. 3, : Approval of the October 10 City Council minutes Recornrnended Action: Approve the October 10 City Council minutes A - Draft Minutes 4. : Approval of the October 17 City Council minutes Recommended Action: Approve the October 17 City Council minutes A - Draft Minutes 5.: Setting a hearing date on January 17, 2024 to declare a public nuisance (from weeds) and to consider objections for proposed removal; declaring properties as having potential fire hazards from weeds or other potential nuisances for the Cupertino Weed Abatement Program Recommended Action: Adopt Resolution No. 23-117 declaring properties as having potential fire hazards from weeds or other potential nuisances and set hearing on January 17, 2024 to declare a public nuisance and to consider objections for proposed removal Staff Report A - Draft Resolution and Exlnbit A B - Cupertino Commencement Report (Exhibit A) 6. : Approve and update the salary and benefits for the Unrepresented (Management and Confidential) Employees and Appointed Employees. Page 5 City Council Agenda November 7, 2023 RecornmendedAction: 1. Adopt Resolrit-ion No. 23-118 revising the Compensation Program and salary schedules for the Unrepresented (Management and Confidential) Employees effective July 1, 2023; 2. Adopt Re,solution No. 23-119 revising the Compensation Program for the Appointed Employees effective }uly 1, 2023; and 3. Approve salary realignment for the classification of Environmental Program Manager to Transportation Manager and Capital Improvement Programs Manager A - Unrepresented Comp Program - Clean (Exlubit B) B - Unrepresented Comp Program - Redline C - Appointed Comp Program- Clean (Exl"iibit A) D - Appointed Comp Program- Redline E - Draft Resohition antending the Appointed and Unrepresented Employees' Compensation Programs : Amendment to Employment Agreement for the City Manager Recommended Action: Adopt Resolution No. 23420 approving the First Amendment to Employment Agreement with the City Manager for the City of Cupertino and authorize the Mayor to execute the Agreement Staff Report A - First Amendment to City Manager Employment Agreement $: Law Enforcement Contract Extension with the County of Santa Clara Sheriff's Office Recommended Action: Authorize the City Manager to extend the existing law enforcement contract with the Corinty of Santa Clara Sheriff's Office for five years, from July 1, 2024, through July l, 2029, and amend the terms of the agreement as needed during the extension Staff Report A - 14-127 Law Enforcement Contract with the Coruity of Santa Clara B - Draft Letter to Extend the Law Enforcement Contract Approve a Fourth Amendment to the recreation agreement with Snapology of Los Gatos dba SV Kids Corp for Enrichment STEAM Programs. Recornrnended Action: Authorize the City Manager to execute a Fourth Amendment to the recreation agreement with Snapology of Los Gatos dba SV Kids Corp (Snapology), increasing the amount by $190,105 for a total contract amoint not to exceed $341,105 and extending the term of the agreement to August 31, 2026. A - Snapology Agreement, First, Second, and Third Amendments B - Draft Forirth Amendment 10. : Hingry Jacks Corporation (Blue Pheasant) lease agreement, 22100 Stevens Creek Borilevard, Cupertino, CA 95014. Page 6 City Counciluncil Agenda November 7, 2023 Recommended Action: Authorize the City Manager to execute a two-year lease agreement with three optional one-year options to extend with Hingry Jacks Corporation for 22100 Stevens Creek Boulevard, Cupertino, CA 95014 (Blue Pheasant) A - Vicinty Map B - Draft Blue Pheasant Lease 11. : Mitigation Fee Act - an Annual & Five-Year Report for Fiscal Year (FY) 2022-2023. Recommended Action: Adopt Resohition No. 23-121 entitled "A Resolution of the City of Cupertino City Council approving the Annual & Five -Year Mitigation Fee Report for Fiscal Year ending June 30, 2023 and making reqiired findings" to: 1. Make the required findings; and 2. Approve the Annual & Five-Year Mitigation Fee Report for the Fiscal Year ending June 30, 2023, as required by Governrnent Code Section 66000 et seq. A - Aruiual & Five-Year Report for FY 2023 B - Draft Resolution PUBLIC HEARINGS - None Effective Januctry 1, 2023, Government Code Section 65103.5 (SB 1214) limits the distribution ofcopyrighted material associated with the reviezo of development projects. Members of the public wis/x'mg to viezo plans that cannot otherwise be distributed vmder SB 1214 may make an appointment with the Plawing Division to viezo them at Cih) Ha(7 by send'mg an email to p7ctming@cupertino.org. Planszoiu also be made ava'dctbLe digitauy during the hearing to consider the proposaL ACTION CALENDAR 12. : Minor Amendments to Cupertino Municipal Code Chapter 1.18 (Claims Against the City), Chapter 9.15 (Prohibition of Expanded Polystyrene (EPS) Foam Food Service Ware), 9.18 (Stormwater Pollution Prevention and Watershed Protection), Chapter 15.04 (Waterworks System-Rates and Charges), and Chapter 16.72 (Recycling and Diversion of Construction and Demolition Waste). Recommended Action: Conduct the first reading of Ordinance No. 23-2252: "An Ordinance of the City Council of the City of Cupertino Amending City Code Chapters 1.18, 9.15, 9.18, 15.04, axid 16.72." Presenter: Christopher Jensen, City Attorney Staff Retiort A - Draft Ordinance B - Redline of proposed Municipal Code aniendments 13. : Adoption of Code of Ethics and Conduct for Elected and Appointed Officials Page 7 City Council Agenda November 7 2023 Recommended Action: Adopt Resolution No. 23-122 adopting the City of Cupertino Code of Ethics and Conduct for Elected and Appointed Official and rescinding the current Ethics Policy Presenter: Christopher Jensen, City Attorney A - Resolution No. 20-011 (Adopting the City of Cupertino Ethics Policy) B - Resolution No. 18-115 (Adopting the City of Cupertino Code of Ethics and Conduct for Elected and Appointed Officials) C - Civil Grand Jury Report, "A House Divided: Cupertino City Corincil and Staff" D - Fact-Finding Report E - Enterprise Leadership Assessment F - Redline of 2018 Etlncs Code (J - Draft Resolution 14. : To Be Determined list ("TBD List") of agenda items requested by City Councilmembers Recommended Action: Review the TBD List and modify the list as recommended below Presenter: Pamela Wu, City Manager Staff Report COUNCI[ REPORTS AND COMMENTS 15. : Councilmember Reports A - Council Reports, Fruen B - Corincil Reports, Mohan C - Council Reports, Moore D - Council Reports, Wei CITY MANAGER REPORT ORAL COMMUNICATIONS - CONTINUED INFORMATIONAL ITEMS Information items are intended to provide backgrovmd i;riformation a;nd routine reports to Cotmcilmembers rmd the pub(ic, without discussioyi by Coymci7. Members of the public wishing to comment on informatioryal items shouU do so during ora7 comwmications 16. $: Stevens Creek Boilevard/Calabazas Creek Storm Drain Repair Emergency Work status report Recommended Action: Receive the Stevens Creek Boulevard/Calabazas Creek Storm Drain Repair Emergency Work stahis report Informational Memorandum Page 8 City Council Agenda November 7, 2023 17. : Update on activities of the Cupertino Sanitary District Recommended Action: Receive the update on activities of the Cupertino Sanitary District Informational Memorandum 18. : Update and Status regarding Lehigh Cement Plant and Quarry Recommended Action: Receive the update and status regarding Lehigh Cement Plant and Quarry !nformational Memorandum 19. : Information regarding hybrid options for commission meetings Recornrnended Action: Receive the information regarding hybrid options for commission meetings Informational Memorandum A - MenlO Re BrOWn ACt aIaeleconference Arnendlnents COUNCIL AND ST AFF COMMENTS AND FUTURE AGENDA ITEMS ADJOURNMENT Lobbyist Registration and Reporting Requirements: Individuals who influertce or attempt to influence legislative or admi;nistrative action ynay be required by the Cih) of Cupertino's lobbying ordinance (Cupertino Municipal Code Chapter 2.100) to register and report lobbyi;ng activity. Persons whose commtmications regarding ashy legislative or administrative are solely Limited to appearing at or submitting testimony for any public meeting held by the Cih) are not required to register as lobbyists. For more informcttion ctbout the lobbying ordinance, please coyitact the Cih) Clerk's Office at 10300 Torre Avenue, Cupertino, CA 94107; teleplione (408) 777-3223; email cityclerk@cupertino.org; and website: www.cupertino.orgl(obbyist. The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6; litigcttion challenging a fi;nal decision of the City Council must be brought within 90 days after a decision is a;nnoymced vtrdess a shorter time is req'ttired by State or Federa7 Law. Prior to seeking judicictl reviero of aiiy adjudicatory (quasi-judicial) decisioyi, interested persons must file a petition for reconsideration within ten calendar days of the date t7ie City Clerk mails notice of the City's decision. Reconsidercthon petitions must comply with the requiremertts of Cupertirio Municipa7 Code §2.08.096. Coyitact tJie City Clerk's office for more informrttion or go to http://www.cupertino.org/cih)clerk for a reconsideratxon petition form. In compliance with the Americctrts with Disabilities Act (ADA), rtnyone who is plctnning to cttte;nd this meeting zoho is visually or hearing impaired or licts ctrty disabiLih) t7iat needs special assistartce should cctL7 the City Clerk's Office at 408-777-3223, at least 48 hours in advrtnce of the meeting to arrange for Page 9 CityCouncil Agenda November7,2023 cissistance. In addition, upon request, m advance, by a person zoith a disability, meeting agertdas and writirtgs distributed for t7ie meeting t/xrtt are public records zoill be made available in the appropriate alternative format. Any writings or documents provided to a majority of the Cr.tpertino City Counci( after publication of the packet will be made availctble for pubdic inspection in the City Clerk's Office located at City Hall, 10300 Torre Avenue, Cupertino, Ca(ifornia 95014, during normal business hours; and in Council packet archives (inked from the ctgenda/minutes page (77? the Cupert'mo web site. IMPORTANT NOTICE: Please be ctdvised that pursuant to Cupertino Mtmicipa7 Code section 2.08.10C) written communicatiorxs serit to the Cupertino City Cormcil, Commissioners or City staff concerning a matter on the agertda are i;nc7ytded as supp7ementa7 material to the ctgendized item. Tliese writtert communications are accessible to tlie public tliroug/i the City's website and lcept in packet arcliives. Do not include any personcd or private information in written communicatio;ns to t7ie Citi) that you do not wish to make public, as written communications are considered public records rind zoiL7 be made publicly available 07'! the City website. Page 10 THECITYCOUNCIL ANDSTAFF 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, Firie 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. COMMuNICATING WITH COUNCIL 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 meeting as this does riot 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. NEWS AND NOTICES FROM CITI HALL 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 "I Want To, View City Council meetings". News and community information can also be found at: https://www.facebook.com/cityofcupertino/ https://twitter.com/cityofcupert:no https://www.instagram.com/cityofcupertino AUDIO Tune into Radio Cupertino, 1670 AM, for meeting announcements, public service messages, and emergency announcements. USEFULTELEPHONENUMBERS j City of Cupertino (City Hall) General Information and Comments (408) 777-CITY Fire (Emergency) Santa Clara County Fire Dipt. 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) 732-3720 SanitarySewers CupertinoSanitary District (408)253-70;'1 Water SanJoseWater (408)279-7900 CaliforniaWater (650)917-0152 .. .......,...... ,,. ........,,.,.... ........-..........................,.,,...,....,.,.,.....,..,,,..,..,.,......-........ ........ ...... ...... ..........,....,.,..,......,,...,.......,........ .................. ...........................,....,.....