HomeMy WebLinkAboutCC - 10.17.2023CUPERTINO CITY CQpN-(aIk'l :pHAp C.ii
DATE SNGINA-f'URETelevised Special Meeting (5:30) and Regular City Council Meeting (6:45)
IN-PERSON AND TELECONFERENCE / PUBLIC PARTICIPATION INFORMATION
Members of the public wishing to observe the meeting may do so in one of the following
ways:
1) Attend in person at Cupertino Commuruty 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 Uhe public wishing to comment on an item on the agenda may do so in the
following ways:
1) Appear in person at Cupertino Community Hall.
2) E-mail comments by 4:00p.m. on Tuesday, October 17to 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 themselves.
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CityCouncil Agenda Octoberl7,2023
Completion of Speaker Cards and identifying yourself is volunta:ty 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:
amine
Register in advance for this webinar:
https://cityofcupertino.zoom.us/webinar/register/WNt2gQxXwTxCduFnpfeDbMA
Phone
Dial: 669-900-6833 and enter Webinar ID: 944 1370 3847 (Type '9 to raise hand to speak, *6 to
unmute yourself). Uriregistered 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: 944 1370 3847
SIP: 94413703847@zoomcrc.com
After registering, you wall 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
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City Council Agenda October 17, 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 CAIL FOR A SPECIA[ MEETING OF THE CUPERTINO CITY COUNCIL
NOTICE IS HEREBY GIVEN that a special meeting of the Cupertino City Council is hereby
called for Tuesday, October 17, 2023, commencing at 5:30 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."
SPECIAt MEETING
ROLL CALL - 5:30 PM
ACTION CAtENDAR
1.Approval of Joint Powers Agreement to establish tlie Cities Association of
Santa Clara Count Joint Powers Agency
Recommended Action: 1. Approve tlie proposed Joint Powers Agreement ("JPA
2. Delegate autliority to the City Coincil's Cities Association of Santa Clara County
CASCC") Board representative to report approval of the JPA at the CASCC Board of
Directors ("CASCC Board") Meeting
3. Authorize the City Manager to execute the JPA
Presenter: Christopher Jensen, City Attorney
A - Cities Association of Santa Clara Corinty Adnistration Agreement
B - Cities Association of Santa Clara County Bylaws
C - Proposed Joint Powers Agreement
ADJOURNMENT
REGULAR MEETING
CALL TO ORDER - 6:45 PM
PLEDGE OF ALt.EGIANCE
ROLL CA[L
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City Council Agenda October 17, 2023
Cu.,OSED SESSION REPORT
CEREMONIAJL ITEMS
1. : Recognition of October as Domestic Violence Awareness Month
Recommended Action: Recognize October as Domestic Violence Awareness Month
POSTPONEMENTS AND ORDERS OF THE DAY
ORAt COMMUNICATIONS
This portion of the meeting is reserved for persons wishing to address the Cou'ncil on any matter within
the jurisdiction of Uie Counci7 and not on the agenda for discussion, induding ir4oryy;iationa7 items. The
total time for Oral Communications wi(( ord'mar'dy be (imited to one hour. Individual spertkers are
limited to three (3) minutes. As necessary, the Chair may ft.trther limit the time a7(owed to individua{
speakers, or rescliedu(e remaining comn;ients to the end of the meeting on a first come first heard basis,
zoith priority given to students. In most cases, State Law wig{ proJiibit t7ie Coxmci( from discussing or
mak'mg arty decisions wit7x respect to a matter not listed 072 the ctgenda. A cormcilmember may,
liozoever, briefly respond to statements made or questioyis posed by speakers. A counci7member may a7so
ask a questioyi for clarification, provide rt reference for factua7 information, request staff to report back
concerning a mattey: or request that /77? item be t'tdded to a fixture Cih) Co;imcil agenda in respo'i'xse to
public coynment.
CONSENT CALENDAR (Items 2-6)
Items appear'mg on the Consent Calendar are coiisidered routine Cih) bx.tsiyiess and may be approved by
one motion. Typical items may inclttde meeting minutes, awards of contracts, the ratification of
accounts payab(e, and second readings of ordinances. Arty member of the Council may request to hme
an iteyn reinoved froin the Consertt Calendar based on the rules set forth iyi the City Cozmcil Procedures
MamtaL Members of tlie pub(ic mrty provide izzput 07? one or more consent calendar items zul'xen t7ie
Mayor asks for public comments on the Consent Calendar.
2. : Ratifying Accounts Payable for the periods ending September 1, 2023;
September 8, 2023; September 15, 2023; September 22, 2023; and September 29, 2023
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City Council Agenda 0ctober 17, 2023
Recommended Action: A. Adopt Resolution No. 23-108 ratifying Accounts Payable for
the Period ending September 1, 2023;
B. Adopt Resolution No. 23-109 ratifying Accounts Payable for the Period ending
September 8, 2023;
C. Adopt Resolution No. 23-110 ratifying Accotnts Payable for the Period ending
September 15, 2023;
D. Adopt Resolution No. 23-111 ratifying Accounts Payable for the Period ending
September 22, 2023; and
E. 23-112 ratifying Accounts Payable for the Period endingE. Adopt Resolution No. 23-112 ratifying Accour
September 28, 2023
A - Draft Resolution 9.1.23
B - Weekly AP Payment Register for the Period Ending 9.1.23
C - Draft Resolution 9.8.23
D - Weekly AP Payment Register for the Period Ending 9.8.23
E - Draft Resolution 9.15.23
F - Weekly AP Payment Register for tlie Period Ending 9.15.23
G - Draft Resolution 9.22.23
H - Weekly AP Payment Register for the Period Ending 9.22.23
I - Draft Resolution 9.28.23
J - Weekly AP Payment Register for tlie Period Ending 9.28.23
Second reading of Cupertino Municipal Code, Chapter 9.22, expanding
existing property maintenance requirements iri accordance with California Health and
Safety Code 17970.5
Recommended Action: Conduct a second readiiig and enact Ordinance No. 23-2250:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING CITY CODE CHAPTER 9.22 of Title 9 (Health and Sanitationj TO
PROHIBIT SUBST ANDARD HOUSING CONDITIONS"
A - Draft Ordinance
B - Assembly Bill 838
C - (alifornia Health and Safety Code section 17970.5
D - California Healtl'i and Safety Code section 17920.3
E - California Health and Safety Code section 17920.10
l: Second reading of Ordinance No. 23-2251 amending Tobacco Regulation
Ordinance Municipal Code chapter 5.50
Recommended Action: Conduct a second reading and enact Ordinance No. 23-2251;
"AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING CHAPTER 5.50TO TITLE 5(BUSINESS LICENSES AND
REGULATIONS) TO REGULATE THE SALE OF TOBACCO PRODUCTS".
Staff Report
A - September 19, 2023 Staff Report
B - Draft Ordinance
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City Council Agenda October 17, 2023
5.Stevens Creek Boulevard/Calabazas Creek Storm Drain Repair Emergency
Work status report and authorization to continue.
Recommended Action: Receive a status update on the Emergency Work at Stevens
Creek Boulevard/Calabazas Creek Storm Drain Capital Improvement Programs (CIP)
project and authorize the continuation of the emergency action, by four-fifths vote.
6.
Recommended Action: Adopt Resolution 23-113amending tlie established City
Council meeting calendar through January 17, 2024
A - Draft Resolution
PUBLIC HEARINGS - None
Effective 7anuary 1, 2023, Government Code Section 65103.5 (SB 1214) limits the distribution of
copyrighted ynaterial associated with the review of development projects. Members of tlie puMic uiishing
to view plans tliat ca;nnot ot)zerwise be distributed xmder SB 1214 may snake an appointinent with the
Planning Division to view them at Citi) Hnll by sending nn email to plctnning@cupertino.org. Ilarts
will also be made available digitally during the hearing to consider the proposal.
ACTION CAtENDAR
7.
8.: Blackberry Farm (BBF) Golf Course Feasibility Study, considering options to
complete minimal repairs and improvements to the BBF Golf Course (Option 1) or
convert BBF Golf Course to a Natural Habitat (Option 3).
Recommended Action: Direct staff to proceed with minimal repairs to maintain the
BBF Golf Course (Option 1).
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City Council Agenda October 17, 2023
Staff Report
A - Existiiig Site Conditions
B - NGF Report - Minimal Repairs to Golf Course
C - MIG Report - Convert to Natural Habitat
D - Public Survey and Outreach Summary
E - Blackberry Farm Golf Course Use Analysis Comparative Costs - 25 Year Outlook
F - Selected Pages from Parks Master Plan
G - Public Survey 0uestions
H - Parks Recreation Commission Minutes 05-18-22
I - Joint Commission Minutes 09-08-2022
J - Written Communications Joint Commission 09-08-2022
K - Summary Reports
COUNCIL, REPORTS AND COMMENTS
9.$: Councilmember Reports
A - Corincil Report, Fruen
B - Council Report, Mohan
C - Corincil Report, Moore
CITY MANAGER REPORT
ORAL COMMUNICATIONS - CONTINUED
INFORMATIONAt ITEMS
Inforynation items are intended to provide bctckground information and routine reports to
Covmcilmeynbers and the pub(ic, without discussiort by Cou;nciL Meynbers of the public wishing to
conm;ient on 'mformationa7 items shou(d do so during orcd commxmications
10. : Receive the Monthly Treasurer's Report for September 2023
Recommended Action: Receive the Monthly Treasirer's Report for September 2023
Staff Reoort
A - Report of City-wide Receipts, Disbursements, ai"id Casli Balances September 2023
B - Report of City-wide Frind BalancesNet Position September 2023
11. : Receive the Monthly Treasurer's Investment Report for September 2023
Recornrnended Action: Receive the Monthly Treasurer's Investment Report for
September 2023
A - Chandler Investment Report September 2023
COUNCIt AND ST AFF COMMENTS AND FUTURE AGENDA ITEMS
ADJOURNMENT
Lobbyist Registration and Reporting Requirements: Individuals w7io influence or ctttempt to influence
7egislative 07" administrative action may be required by the City of Cupertino's lobbying ordinance
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CityCouncil Agenda Octoberl7,2023
(Cupertino Mxmicipal Code Chapter 2.100) to register a;nd report lobbying activity). Persons whose
comrmmications regarding any legislative or administrative are solely Limited to appearing at or
submitting testimony for any public meet'mg hdd by the Citi) are not required to register as lobbyists.
For more information about the (obbying ordinance, please contact the Cih) Clerk's Office at 10300
Torre Avenue, Cupertino, CA 94107; telepJione (408) 777-3223; emai7 citi)clerk@cupertiiio.org; and
website: www.ctipertino.org/7obbyist.
The City of Cupertino lias adopted the provisions of Code of Civil Procedure §1094.6; Litigation
challenging it fina1 decision of tlie City Coxmcil must be brought within 90 days after a decision is
announced unless a shorter time is required by State or Federa7 (aw.
Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must
fi(e a petition for reconsideration within ten calendar days of the date tlie Citi) CLerk mails notice of the
City)'s decision. Reconsideratzon petitions must comply with the requirements of Cupertino Municipa(
Code §2.08.096. Contact tJie City Clerk's office for more information or go to
http://www.cupertiyzo.org/cih)clerk for a reconsideratxon petition form.
In coynp{iance with the Americans with Disabilities Act (ADA), anyone who is planning to atteyzd this
meeting who is visx.trtlly or 7xearing impaired or licts any disabiliti) tliat needs specirtl assistance should
call the City Clerk's Office at 408-777-3223, at (east 48 liours in advance of the meeting to arrange for
assistance. I?? addition, upon reqriest, iiz advcmce, by a person witli a disabilih), yneeting agendas and
writings distribxited for the meeting tliat are public records wil7 be made available in the appropriate
alternative forinat.
Any roritiizgs or ciocuynents provided to a majorih) of the Cupertino Cih) Counci7 after publication of
t'lie packet wil7 be made available for public inspection in the Cih) Clerk's Office Located at Cih) Hall,
10300 Torre Avertue, Cupertino, Ca(ifornia 95014, during normal business hours; and in Counc'd
packet archives liyqked from the ctgenda/yninutes page on the Cupertino web site.
IMPORTANT NOTICE: Please be advised tJiat pursuant to Cuperti'no Municipa7 Code section
2.08.100 writterx commtmications sent to the Cupertino City Council, Coywxissioners or Cih) staff
concerning rt matter on the agendct are included as supplert'tental material to the agendized item. These
writteyi commtmications are accessible to the puMic through the City's website and kept in packet
arcliives. Do not include any persona( or private infmmation in written conmrunications to t'lie City
thrtt you do not wish to make public, as written comimmications rtre considered public records and wil7
be made public7y ctva'dable on the City) website.
Page 8
THE CITY COUNCIL AND STAFF
CIT'l 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
SantaCIaraValleyWaterCommissionandWaterDistrict
SCC Transportation Authoritym
- WestValley 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-3udicial) 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:
Hung Wei
Sheila Mohan
Liang Chao
J.R. Fruen
Kitty Moore
Executive Assistant
City Hall
citycouncil@cupertino.org
HWei@cupertino.org
SMohan@cupertino.org
LiangChao@cupertino.org
J RFruen@cupertino.org
KMoore@cupertino.org
Debran@cupertino.org
www.cupertino.org
408 777-3139
408 777-1326
408 777-3192
408 777-1316
408 777-1389
408 777-3212
408 777-CITY
Please note: the City Council discourages submission of written materials on the day of the meeting 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.
NEWS AND NOTICES FROM CITY 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) 6:45p.m. Friday(replay) lO:OOa.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 afso be found at:
https://www.facebook.com/cityofcupertino/
https://twitter.com/CityofCupertino
https://www.instagram.com/cityofcupertino
AUDIO
Tuneinto RadioCupertino,1670AM,for meetingannouncements,publicservicemessages,andemergency
announcements.
USEFUL TELEPHONE NUMBERS
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 CountySheriff (408)868-6600 I
Public Health Santa Clara County Public Health (408) 732-3720
SanitarySewers CupertinoSanitary District (408')253-7071
Water SanJoseWater (408)279-7900
CaliforniaWater (650)917-0152