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Home My WebLink AboutCC - 04.13.2023--- /� 115. CITY OF CUT PERTI;N"O,_LIZ& AGENDA-. _._ ► "\ 1>-_ pp ti ly t. U P E RT 1 N O CITY CO CII UN PF...,,� , 10350 Torre Avenue, Council Chamber and via Teleconference (? _4 F , E f (J A i Thursday, Aprill 20 4:00 PMLmp � Televised Special Meeting Open Session (4:00) and Non -televised Closed Session (Immediately following Open Session) 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 for Closed Session in City Hall, Conference Room C or for Regular Meeting in Cupertino Community Hall. Members of the public may provide oral public comments pertaining to the agenda prior to the beginning of Closed Session and after Roll Call. Members of the public may provide oral public comments during the Regular 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. 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. 2) E-mail comments for Closed Session or Regular Meeting by 2:00 p.m. on Thursday, April Page 1 City Council Agenda April 13, 2023 however, briefly respond to statements made or questions posed by speakers. A councilmember may also ask a question for clarification, provide a reference for factual information, request staff to report back concerning a matter, or request that an item be added to a future City Council agenda in response to public comment. CONSENT CALENDAR (Items 1-3) Items appearing on the Consent Calendar are considered routine City business and may be approved by one motion. Typical items may include meeting minutes, awards of contracts, the ratification of accounts payable, and second readings of ordinances. Any member of the Council may request to have an item removed from the Consent Calendar based on the rules set forth in the City Council Procedures Manual. Members of the public may provide input on one or more consent calendar items when the Mayor asks for public comments on the Consent Calendar. 1. Subject: Consider approval of the April 4 City Council minutes Recommended Action: Approve the April 4 City Council minutes A - Draft Minutes 2. Subject: Consider ratifying Accounts Payable for the periods ending February 10, 2023; February 17, 2023; February 24, 2023; and March 3, 2023 Recommended Action: A. Adopt Resolution No. 23-043 ratifying Accounts Payable for the Period ending February 10, 2023; B. Adopt Resolution No. 23-044 ratifying Accounts Payable for the Period ending February 17, 2023; C. Adopt Resolution No. 23-045 ratifying Accounts Payable for the Period ending February 24, 2023; and D. Adopt Resolution No. 23-046 ratifying Accounts Payable for the Period ending March 3, 2023 Staff report A — Draft Resolution 2.10.23 B — Weekly AP Payment Register for the Period Ending 2.10.23 C — Draft Resolution 2.17.23 D — Weekly AP Payment Register for the Period Ending 2.17.23 E — Draft Resolution 2.24.23 F — Weekly AP Payment Register for the Period Ending; 2.24.23 G — Draft Resolution 3.3.23 H — Weekly AP Payment Register for the Period Ending 3.3.23 3. Subject: Consider authorizing City funding of up to $2,200 for the visit to Sister City Hsinchu, Taiwan. Recommended Action: Authorize City funding of up to $2,200 for the visit to Sister City Hsinchu, Taiwan. Staff Report A - Sister City and Friendship City Policy 2018 Page 4 City Council Agenda April 13, 2023 PUBLIC HEARINGS Effective January 1, 2023, Government Code Section 65103.5 (SB 1214) limits the distribution of copyrighted material associated with the review of development projects. Members of the public wishing to view plans that cannot otherwise be distributed under SB 1214 may make an appointment with the Planning Division to view them at City Hall by sending an email to planning@cupertino.org. Plans will also be made available digitally during the hearing to consider the proposal. 4. Subject: Consider the proposed development of a 282,320-square-foot office building with a detached 213,080-square-foot parking structure and removal and replacement of 113 trees subject to a Development Permit, Architectural and Site Approval, and Tree Removal Permit, and exemption from the California Environmental Quality Act. (Application No(s): DP-2021-001, ASA-2021-003, TR-2021-020; Applicant(s): Apple, Inc.; Location: 19191 Vallco Parkway; APN #316-20-117) Recommended Action: Recommends that the City Council adopt the Resolutions (Attachments A-C) to: 1. Find the project exempt from CEQA pursuant to Guidelines section 15183; 2. Adopt Resolution No. 23-047 approving the Development Permit (DP-2021-001) including the adoption of alternative parking standards pursuant to Municipal Code section 19.124.060(C); 3. Adopt Resolution No. 23-048 approving the Architectural and Site Approval Permit (ASA-2021-003); and 4. Adopt Resolution No. 23-049 approving the Tree Removal Permit (TR-2021-020). Presenter: Gian Martire, Senior Planner Staff Report A - Draft Resolution for DP-2021-001 B - Draft Resolution for ASA-2021-003 C - Draft Resolution for TR-2021-020 D - Planning Commission Resolution 2023-03 E - Planning Commission Resolution 2023-04 F - Planning Commission Resolution 2023-05 G - VPl Apple Office Project CEOA Guidelines Section 15183 Checklist H - Site Plans and Renderings I - Project Description i - Public Comment ACTION CALENDAR 5. Subject: Consider submitting a letter in support of, or otherwise regarding, Assembly Constitutional Amendment ("ACA") 5, expressing the intent of the Legislature to amend the California Constitution to protect marriage equality Recommended Action: Consider submitting a letter in support of ACA 5 Presenter: Christopher Jensen, City Attorney Page 5 City Council Agenda April 13, 2023 Staff Report A - Assembly Constitutional Amendment 5 B - Draft Letter Re ACA 5 6. Subject: Consider the FY 2023-2410-Year Budget Forecast Informational Update presentation Recommended Action: Receive the FY 2023-2410-Year Budget Forecast Informational Update presentation Presenters: Kristina Alfaro, Director of Administrative Services and Thomas Leung, Budget Manager A - Presentation COUNCIL REPORTS AND COMMENTS CITY MANAGER REPORT 7. Subject: Councilmember Reports A - Council Report, Fruen B - Council Report, Mohan C - Council Report, Moore D - Council Report, Wei ORAL COMMUNICATIONS - CONTINUED INFORMATIONAL ITEMS Information items are intended to provide background information and routine reports to Councilmembers and the public, without discussion by Council. Members of the public wishing to comment on informational items should do so during oral communications. 8. Subject: Consider the Monthly Treasurer's Report for February 2023 Recommended Action: Receive the Monthly Treasurer's Report for February 2023 Staff Report A — Report of City --wide Receipts Disbursements, and Cash Balances February 2023 B — Report of City-wide Fund BalancesNet Position February 2023 9. Subject: Consider the Monthly Treasurer's Investment Report for February 2023 Recommended Action: Receive the Monthly Treasurer's Investment Report for February 2023 Staff Report A — Chandler Investment Report February 2023 B — Chandler Custodial Statement February 2023 C — PARS Pension and OPEB Account Statement February 2023 D — LAIF Account Statement February 2023 Page 6 City Council Agenda April 13, 2023 COUNCIL AND STAFF COMMENTS AND FUTURE AGENDA ITEMS RECESS -15 Minutes ROLL CALL 10300 Torre Avenue, Conference Room C CLOSED SESSION 10. Subject: Conference with legal counsel - initiation of litigation pursuant to Government Code § 54956.9(c) (two cases) 11. Subject: Conference with Labor Negotiators pursuant to Government Code § 54957.6 (Kristina Alfaro and Christopher Boucher) OPEN SESSION REPORT REGARDING CLOSED SESSION ADJOURNMENT Lobbyist Registration and Reporting Requirements: Individuals who 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 whose 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 website: www.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 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/cityclerkfor 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 Page 7 City Council Agenda April 13, 2023 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 8 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- yearterm. 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=125 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 (408) 777-3139 SMohan@cupertino.org (408) 777-1326 LiangChao@cupertino.org (408) 777-3192 JRFruen@cupertino.org (408) 777-1316 KMoore@cupertino.org (408) 777-1389 Debran@cupertino.org (408) 777-3212 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 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) 6:45 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/CityofCupertino https://www.instagram.com/cityofcupertino AUDIO Tune into Radio Cupertino, 1670 AM, for meeting announcements, public service messages, and emergency 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 Recology South Bay (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 Sanitary Sewers Cupertino Sanitary District (408) 253-7071 Water San Jose Water (408) 279-7900 California Water (650) 917-0152