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HomeMy WebLinkAboutCC - 05.09.2023STATE OF CALIFORNIA MR COI. NTY OF S����iT (' :- R, ) SS. CITY OF CUPERTINO, AN C IPLC, yL=L OF I I)- CITY iY OF CLrPL-,Rt1NO AGENDA -. --, - D r P. R'F- N N LT OF C U P E RT I N O CITY COUNCIL 10350 Torre Avenue, Council Chamber and via Teleconference Tuesday, May 9, 2023 6:00 PM r-- Televised Special Meeting (6:00) 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 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 Community Hall. 2)E-mail comments by 4:00 p.m. on Tuesday, May 9 to 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 Special Meeting as follows: Oral public comments will be accepted during the meeting. 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. Completion of Speaker Cards and identifying yourself is voluntary and not required to attend the meeting or provide comments. Page 1 City Council Agenda May 9, 2023 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:Hcityofcupertino.zoom.us/webinar/register/WN_mbMKuppzQ7-E7m8403CkkQ Phone Dial: 669-900-6833 and enter Webinar ID: 9216883 7662 (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: 9216883 7662 SIP: 92168837662@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 speak. 4. When called, please limit your remarks to the time allotted and the specific agenda topic. Page 2 City Council Agenda May 9, 2023 5. Members of the public that wish to share a document must email cityclerk@cupertino.org prior to speaking. These documents will 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, May 09, 2023, commencing at 6:00 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 CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL ACTION CALENDAR 1. Subject: Consider a report regarding the review of potential violations of the City of Cupertino Municipal Code and City policies regarding Council- and commissioner -staff relations ("Report"). Recommended Action: Consider the recommendations in the Report. Staff Report A - Grand fury Report - "A House Divided: Cupertino City Coluuil and City Staff" B - City of Cupertino Response to Grand fury Report C - Fact Finding Report ADJOURNMENT Lobbyist Registration and Reporting Requirements: Individuals zvho influence or attempt to influence legislative or administrative action may be required by the City of Cupertino's lobbying ordinance (Cupertino Municipal Code Chapter 2.100) to register and report lobbying activity. Persons zvhose communications regarding any legislative or administrative are solely limited to appearing at or submitting testimony for any public meeting held by the City are not required to register as lobbyists. For more information about the lobbying ordinance, please contact the City Clerk's Office at 10300 Torre Avenue, Cupertino, CA 94107, telephone (408) 777-3223; email cityclerk@cupertino.org, and zvebsite: zvzvzv.cupertino.org/lobbyist. 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 lazy. Page 3 City Council Agenda May 9, 2023 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.orglcittjclerkfor a reconsideration petition form. In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend this 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, at least 48 hours in advance of the meeting to arrange for assistance. In addition, upon request, in advance, by a person with a disability, meeting agendas and writings distributed for the meeting that are public records will be made available in the appropriate alternative format. 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, Cupertino, California 95014, 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 section 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. Do not include any personal or private information in written communications to the City that you do not wish to make public, as written communications are considered public records and will be made publicly available on the City website. Page 4 4 y'I. 19yS AGENDA OF THE CUPERTINO CITY COUNCIL Tuesday, May 2, 2023 Non -Televised Closed Session (6:00) and Televised Open Session Regular Meeting (6:45) CITY COUNCIL HUNG WEI, MAYOR SHEILA MOHAN, VICE MAYOR LIANG CHAO, COUNCILMEMBER J.R. FRUEN, COUNCILMEMBER KITTY MOORE, COUNCILMEMBER CONDUCT OF BUSINESS The Mayor is the presiding officer of the City Council. Any member of the public may speak on any item on the agenda for up to three minutes. All statements and questions must be addressed to the Mayor. City Council hearings serve as a venue for the discussion of sometimes divergent points of view. Please respect the opinions of others and refrain from cheering or clapping. That may delay the meeting or intimidate other persons wishing to express alternate views. Actions that disrupt the meeting will result in a warning, followed by removal if disruption continues. 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. Identifying yourself is voluntary and not required to attend the meeting or provide comments. FLOWCHART FOR HEARING ITEMS: Mayor introduces agenda item i Mayor opens the public hearing Councilmembers report any site visits or outside communications. j Staff reports and makes Councilmembers ask clarifying recommendation questions. i Applicant or Appellant makes presentation (up to 8 min) For appeals of approvals, the applicant may respond to appellants presentation. i Councilmembers ask questions of staff or applicant/appellant 4 Mayor invites members of Speakers submit a Request to Speak the public to speak about card, and are allowed up to 3 minutes the agenda item per individual. Council members may questions of speakers. iask Mayor invites applicant/appellant to respond to public comments (2 min) i Mayor closes the public hearing i The Mayor may request a motion and City Council votes on a second after the close of the public the agenda item hearing. Council then deliberates and votes. PUBLIC HEARINGS The City Council is required by law to hold public hearings on certain matters prior to making its decision. Notice to interested parties is given by legal advertisement in the local newspaper of general circulation at least 10 calendar days preceding the hearing date. Applications requiring public hearings include change of zoning, variances, use permits, and tentative maps. COUNCIL MEETINGS The City Council regularly meets the first and third Tuesdays of each month. These meetings are held at 6:45 p.m. Closed sessions, when needed, are normally held at 6:00 p.m. Closed sessions cover items such as personnel, litigation, or the sale , purchase, or lease of property. The law requires certain actions taken in closed session to be reported in open session. Urgent business, holidays, or election days may trigger special or adjourned meetings. These meetings will be noticed beforehand. AGENDAS, MINUTES, AND PACKETS AVAILABLE ON THE WEB Agendas, minutes, and packets for current and prior City Council and Planning Commission meetings are available at www.cupertino.org, or you can purchase the items on CD. CITY COUNCIL DECISION IS FINAL 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.httr)://www.cui)ertino.orR/index.as px?pale=125?p gag_e=125 for a reconsideration petition form.