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HomeMy WebLinkAboutHousing Commission - 2021CITY OF CUPERTINO 8TATn OF CALIFORNIA AG C U PERTINO HOUSING C N 30A ()b/AGENDA Of"l -l- F-iE AT NTY i-JALL. TELECONFERENCE / PUBLIC PARTICIPATI SPREAD OF COVID-19 TO Hma}mR$E In accordarice with Governor Newsom's Executive Order No-29-20, this will be a teleconference meeting without a physical location to help stop the spread of COVID-19. Members of the public wishing comment on an item on Uhe agenda may do so in the following ways: 1) E-mail comments by 5:00p.m. on Wednesday, April 28th to the Commission at housingcommission@cupertino.org. These e-mail comments will be received by the Commission before the meeting and posted to the City's website after the meeting. 2) E-mail comments during the times for public comment during the meeting to the Commission at housingcommission@cupertino.org. The staff liaison will read the emails into the record, and display any attachments on the screen, for up to 3 minutes (subject to the Chair's discretion to shorten time for public comments). Members of the public that wish to share a document must email housingcommission@cupertino.org prior to speaking. 3) Teleconferencing Instnuctions Members of the public may observe the teleconference meeting or provide oral public comments as follows: Oral public comments will be accepted during the teleconference meeting. Comments may be made during "oral communications" for matters not on the agenda, and during the public comment period for each agenda item. To address the Commission, click on the link below to register in advance and access the meeting: Online Page I April 29, 2021 HousingCommission Agenda Please click the link below'to 'join theaweb'i';ara a' https://cityofcupertino.zoom.us/webinar/register/WNc56v-udDT9KOB3gvM8Qqjg Phone Dial 669-900-6833 and enter WebinarID: 998 7544 6677 (Type * 9 to raise hand to speak) 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: 998 7544 6677 SIP: 99875446677@zoomcrc.com After registering, you will receive a confirmation email containing irrformation about joining the webinar. Please read the following instnuctions carefullyo 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 Chair calls for the item on which you wish to speak, click on l'raise hand." Speakers will be notified shortly before they are called to speak. 4. '1/Vhen called, please limit your remarks to the time allotted and the specific agenda topic. In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend this teleconference 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 Ieast 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. Page 2 Housing Commission Agenda April 29, 2021 NOTICE AND CALL FOR A SPECIAL MEETING OF THE HOUSING COMMISSION NOTICE IS HEREBY GIVEN that a special meeting of the Housing Commission is hereby called for Thursday, April 29, 2021, commencing at 9:00 am. In accordance with Governor Newsom's Executive Order No-29-20, this is a teleconference meeting without a physical location. 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 ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the Commission on any matter within the jurisdiction of the Commission and not 07? the agenda. Speakers are 7imited to three (3) m'mutes. In most cases, State law wiu prohibit the Commission from making any decisions with respectto a matter not on the agenda. WRITTEN COMMUNICATIONS OLD BUSINESS NEW BUSINESS 1.%: FY 2020-21 City Work Program: Housing Survey. Recornrnend one Housing Commissioner to fill a vacancy on the 2-member subcommittee (Parish) to work with the City Council subcommittee (Chao and Willey) to advise on the housing survey options and question types Recommended Action: Recommend one Commissioner to serve on the Housing Survey Subcommittee Staff Report A - City Corincil Staff Report july 21, 2020 B - FY 2020-21 City Work Program Amended 7.21.20 C - HSC Agenda 4-14-21 D - HSC Agenda 12-16-20 E - HSC Agenda 11-18-20 F - HSC Agenda 10-14-20 G - HSC Agenda 9-16-20 ST AFF AND COMMISSION REPORTS FUTURE AGENDA SETTING ADJOURNMENT Page 3 Housing Commission Agenda April 29, 2021 17? compliance with the Americans with Disabilities Act (ADA), anyone who is planning to atte;nd this teleconfere;nce meeting who is visua{(y or hearing impaired or has any disability that ;needs specia1 assistance should cal7 the Cih) 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 wit7i a disability, meeting agendas and writings distributed for the meeting that are pub(ic records will be made available in the appropriate a(ternative format. Agty writings or documents provided to a majorih) of the members after publication of the agenda wi(7 be made available for puMic inspection. Please contact the City Clerk's Office in Ci% Hal7 located at 10300 Torre Avenue during normal busi;ness hours. IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipal Code 2.08.100 written communications sent to the Cupertino Cih) Council Commissioners or City staff concerning a matter 07? the agenda are included as supp(eme;nta( material to the agendized item. These written communications are accessible to the public through the City's rnebsite and kept in packet archives. You are hereby admonished ;not to include any persona7 or private information in written communications to the Cih) that you do not wish to make public; doing so sha[7 co;nstitute a waiver of any privacy rights you may have on the information provided to the City. Members of the public are entitled to address the members concerning any item that is described in the notice or agenda for this meeting, before or during consideration of that item. If you wish to address the members on any other item not on the agenda, you may do so during the public comment. Page 4 Z4URE TELECONFERENCE / PUBLIC PARTICIPATION INFORMATION TO HELP STOP THESPREAD OF COVID-19 Itt accordance with Governoz Newsom's Executive Order No-29-20, this will be ateleconference meeting without a physical location to help stop the spread of COVID-19. Members of the public wishing to observe the meeting may do so in one of the following ways: 1) Tune to Comcast Channel 26 and AT&T U-Verse Channel 99 on your TV. 2) The meeting will also be streamed live on and online at wvvw.Cupertino.org/youtube and www.Cupertino.org/webcast Members of the public wishing comment on an item on the agenda may do so in thefollowing ways: 1) E-mail comments by 5:00 p.m. on Wednesday, September 8th to the Commission athousing@cupertino.org. These e-mail comments will be received by the Commissionmembers before the meeting and posted to the City's website after the meeting. 2) E-mail comments during the times for public comment during the meeting to theCommission at housing@cupertino.org. The staff liaison will read the emails into therecord, and display any attachments on the screen, for up to 3 minutes (subject to theChair's discretion to shorten time for public comments). Members of the public that wish toshare a document must email housing@cupertino.org prior to speaking. 3) Teleconferencing Instmctions Members of the public may observe the teleconference meeting or provide oral publiccomments as follows: Oral public comments will be accepted during the teleconference meeting. Comments maybe made during "oral communications" for matters not on the agenda, and during the Page I HousingCommission Agenda public comment period for each agenda item. September 9, 2021 To address the Commission, click on the link below to register in advance and access the meeting: Online Please click the link below to join the webinar: https://cityofcupertino.zoom.us/webinar/register/WN7MV-OxicQhSOiUfzswzdpw Phone Dial 669-900-6833 and enter Webinar ID: 959 8439 6157 (Type *9 to raise hand to speak) Unregistered participants will be called on by the Iast 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: 959 8439 6157 SIP: 95984396157@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" ot similar designation. 3. When the Chair calls for the item on which you wish to speak, click on "raise hand." 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. ROtL CALL Page 2 Housing Commission Agenda September 9 2021 APPROV A'L OF MINUTES 1.l: Draft Minutes of June 10, 2021 Recommended Action: Approve or modify the Draft Minutes of June 10, 2021 1- Draft Minutes Jrine 10, 2021 POSTPONEMENTS ORAL COMMUNICATIONS This portion of the meeting is reserved for persorts wishing to address the Commission 072 any matter zoithin the jurisdiction of the Commissiort and riot 072 the agerxda. Speakers are limited to three (3) minutes. In most cases, State Lava zoil7 prohibit the Commission from making arty decisions with respectto a matter riot 07? the agenda. WRITTEN COMMUNICATIONS PUBLIC HEARINGS 2.l: Informational presentation on the FY 2020-21 Comrminity Development BlockGrant (CDBG) Consolidated Annual Performance and Evaluation Report (CAPER). Recommended Action: Conduct Public Hearing; and 1. Receive informational presentation; and 2. Adopt resolution 21-03 approving the FY 2020-21 CDBG CAPER. Staff Reoort A - Resolution No. 21-03 ( FY 20-21 CDBG Consolidated Annual Performance and Evahiation Report) OLD BUSINESS NEW BUSINESS ST AFF AND COMMISSION REPORTS FUTURE AGENDA SETTING ADJOURNMENT bat compliance with the Americans voith Disab'dities Act (ADA), anyone who is p[annirtg to attend this telecortference meeting who is visually or hearing impaired or has any disability that needs speciar assistance shou(d cal7 the City Clerk's Office at 408-777-3223, at Ieast 48 hours in advance of themeeting to arrange for assistance. In addition, upon request, in advance, by a persorx with a disab'dity, meeting agendas artd writings distributed for the meeting that are public records wi71 be made availabLein the appropriate alterrxative format. Arty writings or documents provided to a majority of the members after pubLicatiort of the agenda wil7 Page 3 HousingCommission Agenda September9,2021 be made available for public inspectiort. Please contact the City Clerk's Office in City Had( (ocated at 10300 Torre Avenue, Cupertino, California 95014, durirtg normal busirtess hours. IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipal Code section 2.08.100 roritten communications sent to the Cupertirto City Council Commissioners or Cih) staff concerrting a matter on the agenda are included as supplementa[ materia7 to the agendized item. These written communications are accessible to the public through the City's website and kept in packet archives. Do rtot include any personal or private irtformation in writtert communications to the Cih) that you do not zoish to make public, as written commuriications are cortsidered pub(ic records and will be made publicly avaiLab(e o;n the Cih) website. Members of the public are entitled to address the members concerrxirtg any item that is described irt the notice or age;nda for this meeting, before or during consideration of that item. If you wish to address the members on any other item not on the agertda, you may do so durirtg the pub(ic comment. Pay 4 CITY OF (:lB'Ja'J'l!%l -lFnRNIA C UPE RTINO DATE SJGNATURE TELECONFERENCE / PUBLIC PARTICIPATION INFORMATION TO HELP STOP THE SPREAD OF COVID-19 In accordance with Governor Newsom's Executive Order No-29-20, this will be a teleconference meeting without a physical location to help stop the spread of COVID-19. Members of the public wishing comment on an item on the agenda may do so in the following ways: 1) E-mail comments by 5:00p.m. on Wednesday, May 12th to the Commission at housingcommission@cupertino.org. These e-mail comments will be received by the Commission before the meeting and posted to the City's website after the meeting. 2) E-mail comments during the times for public comment during the meeting to the Commission at housingcommission@cupertino.org. The staff liaison will read the emails into the record, and display any attachments on the screen, for up to 3 minutes (subject to the Chair's discretion to shorten time for public comments). Members of the public that wish to share a document must email housingcommission@cupertino.org prior to speaking. 3) Teleconferencing Instmctions Members of the public may observe the teleconference meeting or provide oral public comments as follows: Oral public comments will be accepted during the teleconference meeting. Comments may be made during "oral communications" for matters not on the agenda, and during the public comment period for each agenda item. To address the Commission, click on the link below to register in advance and access the meeting: OnlinB Page 1 Phone Dial 669-900-6833 and enter Webinar ID: 999 0724 6650 (Type * 9 to raise hand to speak) 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: 999 0724 6650 SIP: 99907246650@zoomcrc.com After registering, you will receive a confirmation email containing information about joining the webinar. Please read the following insttuctions carefully: 1. You can directly download the teleconference sofhvare 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 Chair calls for the item on which you wish to speak, click on "raise hand." 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. In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attertd this teleconference 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. Page 2 Housing Commission Agenda May 13, 2021 ROLL CALL APPROV AL OF MINUTES 1.l: Draft Minutes of March 11, 2021 Recommended Action: Approve or modify the Draft Minutes of March 11, 2021 Draft Minutes of March 11, 2021 2.$: Draft Minutes of April 29, 2021 Recommended Action: Approve or modify the Draft Minutes of April 29, 2021 Draft Minutes of April 29, 2021 ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the Commission 07? any matter within the jurisdiction of the Commission and not 07? the agenda. Speakers are Limited to three (3) minutes. Irt most cases, State Law will prohibit the Commission from making any decisions with respect to a matter not on the agenda. WRITTEN COMMUNICATIONS PUBLIC HEARINGS 3.$: Fiscal Year 2021-22 Community Development Block Grant (CDBG) Annual Action Plan Recommended Action: Conduct the hearing and adopt Draft Resolution 21-02 recommending approval of the FY 2020-21 CDBG Annual Action plan to the City Council for final adoption Tentative City Council hearing: June 15, 2021 A - Resolution No. 21-02 (FY 21-22 CDBG Annual Action Plan) ST AFF AND COMMISSION REPORTS FUTURE AGENDA SETTING ADJOURNMENT In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend this teleconference meeting who is visually or hearing impaired or has any disabilih) that needs specia7 assistance shotdd cal7 the Cih) Clerk's Office at 408-777-3223, at Least 48 hours in advance of the meeting to arrange for assistance. by addition, upon request, in advance, by a person with a disabi7ih), meeting agendas and writings distributed for the meeting that are public records wil7 be made availab(e in the appropriate alternative format. Page 3 Housing Commission Agenda May 13, 2021 A7?:!/ writings or documents provided to a majority of the members after publication of the agenda will be made available for public inspection. P(ease contact the Cih) Clerk's Office in Cih) Hail located at 10300 Torre Avenue dur'mg normal business hours. IMPORTANT NOTICE: Please be advised that pursua;rtt to Cupertino Municipa7 Code 2.08.100 written communications se;nt to the Cupertino City Cormcil Commissioners or Cih) staff concerning a matter on the agenda are inchtded as supplemental material to the agendized item. These written comrmmicatiorts are accessible to the public through t7ie City's website and kept'm packet archives. You are hereby admo;nished'not to include any persona7 or private information in writtert commtmications to the City that you do not wish to make public; doi;ng so shall constitute a waiver of any privacy rights you may have 07? the information provided to the Cih). Members of the public are entitled to address the members concerning any item that is described in the notice or age;nda for this meeting, before or during consideration of that item. If you rnish to address the members 07? any other item not on the agenda, you may do so during the public comment. Page 4 CITY OF STATE OF CALIFORNIA 1, l AN cu'rttt'nh'o HOUsINGCOffi'ffA'TA\ff"h':m"5-nb.xTh.PDEPAROT" Thiswillbeateleconferencem i )\7!i!DiYJa HrqNir67,31PatjiqrENlr-DAOI,THEL"u'l"' ThurSda"/DeC ' BOARD AT NTY I-NALL. 9:001 - t i -Th(,, TELECONFERENCE / PUBLIC PARTICIPATI TIO T HELB SPREAD OF COVID-19 In accordance with Government Code 54953(e), this will be a teleconference meeting without a physical location to help stop the spread of COVID-19. Members of the public wishing comment on an item on the agenda may do so in the following ways: 1) E-mail comments by 5:00p.m. on Wednesday, December 8to the Commission at housing@cupertino.org. These e-mail comments will be received by the Commission members before the meeting and posted to the City's website after the meeting. 2) E-mail comments during the times for public comment during the meeting to the Commission at housing@cupertino.org. The staff liaison will read the emails into the record, and display any attachments on the screen, for up to 3 minutes (subject to the Chair's discretion to shorten time for public comments). Members of the public that wish to share a document must email housing@cupertino.org prior to speaking. 3) Teleconferencing Instructions Members of the public may observe the teleconference meeting or provide oral public comments as follows: Oral public comments will be accepted during the teleconference meeting. Comments may be made during "oral communications" for matters not on the agenda, and during the public comment period for each agenda item. To address the Commission, click on the link below to register in advance and access the meeting: Online Please click the link below to join the webinar: Page I 06tisingCommission Agenda December9,2021 =https://cityofcupertino.zoom.us/webinar/r6gister/WNOkmPKshQymiGb7zFUOQpQ Phone 5ial: (669) 900 6833 and enter Webinar ID: 910 6720 3813 (Type '9 to raise hand to speak) 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: 910 6720 3813 SIP: 91067203813@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 Chair calls for the item on which you wish to speak, click on "raise hand." 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. ROLL CALL APPROV AL OF MINUTES 1. $: Approve the October 14 Housing Cornrnission minutes Recommended Action: Approve the October 14 Housing Commission minutes 1- Draft Minutes POSTPONEMENTS Page 2 Housing Commission Agenda December 9 2021 ORAL COMMUNICATIONS This portion of the meeting is reserved for persorxs wish'mg to address the Commission on any matter within the jurisdiction of the Commissio;n arid not on the agenda. Speakers are limited to three (3) minutes. by most cases, State law vo'dl prohibit the Commission from making any decisions with respect to a matter not ort the agenda. WRITTEN COMMUNICATIONS OLD BUSINESS NEW BUSINESS 2.$: Introduction to Housing Element Update Process & Preparation for Mapping Exercise Recommended Action: Receive the informational presentation EMC Memorandum- Housing Element Update A- Housing Element Schedule 11-16-21 ST AFF AND COMMISSION REPORTS FUTURE AGENDA SETTING ADJOURNMENT bt compliance with the Americans with Disabilities Act (ADA), anyone voho is planning to attend this te7ecortference meetirtg 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 irt advance of the meetirtg to arrange for assistance. by addition, upon request, in advance, by a person with a disability, meetirtg agendas and writings distributed for the meeting that are public records roill be made availaMe in the appropriate alternative format. Arty writings or documents provided to a majority of the members after publication of the agertda will be made available for public inspection. Please corgtact the City Clerk's Office irt Cih) Hal7 located at 10300 Torre Avenue, Cuperti;no, California 95014, dur'mg normal business hours. IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipal Code section 2.08.l00written commtutications sent to the Cupertino City Council Commissioners or City staff cortcerning a matter 072 the agenda are included as supplementa7 material to the agendized item. These written commurxications are accessible to the public through the City's website and kept in packet archives. Do rtot'trtc7ude any personal or private irtformation'm written commurtications to the City that you do not wish to make public, as written commurticatiorts are cortsidered public records and will be made publicly available O?'l the City website. Page 3 Housing Commission Agenda December 9 2021 Members of the public are entitled to address the members concerning any item that is described'm the notice or agenda for this meeting, before or during consideration of that item. If you wish to address the members on any other item not on the agenda, you may do so during the public comment. Page 4 CITY OF CUPERTINO STATE OF CALIFORNIA AGENDA TelevisedSpecialMeetingJointStudySession-City%NOanninV ssion, asing DA'I'E SiGNArURE TELECONFERENCE / PUBLIC PARTICIPATION INFORMATION TO HELP STOP THE SPREAD OF COVID-19 In accordance with Governor Newsom's Executive Order No-29-20, this will be a teleconference meeting without a physical location to help stop the spread of COVID-19. Members of the public wishing to observe the meeting may do so in one of the following ways: 1) Tune to Comcast Channel 26 and AT&T U-Verse Channel 99 on your TV. 2) 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 comment on an item on the agenda may do so in the following ways: 1) E-mail comments by 4:30p.m. on Tuesday, April 27to the Council at citycouncil@cupertino.org, Planning Commission at planningcommission@cupertino.org and the Housing Commission at housingcommission@cupertino.org. These e-mail comments will also be forwarded to Councilmembers and Commission members by the City Clerk's office before the meeting and posted to the City's website after the meeting. 2) E-mail comments during the times for public comment during the meeting to the City Clerk at cityclerk@cupertino.org. The City-Clerk will read the emails into the record, and display any attachments on the screen, for up to 3minutes (subject to the Mayor's discretion to shorten time for public comments). Members of the public that wish to share a document must email cityclerk@cupertino.org prior to speaking. 3) Teleconferencing Instmctions Members of the public may provide oral public comments during the teleconference Page I AgendaCity Cotuicil meeting as follows: Public comments will be accepted'during:the teleconference meeting. Comments may be made during the public comment period for each agenda item. April 27, 2021 To address the City Council and Commissions, click on the link below to register in advance and access the meeting: ' Onlin@ - o- Register in advance for this webinar: 'a lit,tps://cityofcupertino.zoom.us/webinar/register/WNHdnZkC4XSN2fdw-4mHtag Phone Dial: 669-900-6833 and enter Webinar ID: 944 9867 1656 (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) Meeting ID: 944 9867 1656 SIP: 94498671656@zoomcrc.com After registering, you will receive a confirmahon email containing information about joining the webinar. Please read the following instnuctions 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. '1/Vhen the Mayor calls for the item on which you wish to speak, click on "raise hand." 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 April 27, 2021 In compliarice with the Americans with Disabilities Act (ADA), anyone who is planning to attend this teleconference City Council 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 Council meeting to arrange for assistance. In addition, upon request, in advance, by a person with a disability, City Council meeting agendas and writings distributed for the meeting that are public records will be made available in the appropriate alternative format. NOTICE AND CAL[ FOR A SPECIAL JOINT MEETING OF THE CUPERTINO CITY COUNCI[, CUPERTINO PLANNING COMMISSION AND CUPERTINO HOUSING COMMISSION NOTICE IS HEREBY GIVEN that a special joint meeting of the Cupertino City Council, Cupertino Planning Commission and Cupertino Housing Commission is hereby called for Tuesday, April 27, 2021, commencing at 6:15 p.m. In accordance with Governor Newsom's Executive Order No-29-20, this will be a teleconference meeting without a physical location. 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 STUDY SESSION 1.4: Special joint study session meeting with City Council, Planning Commission, and Housing Commission on the Housing Element update. Recommended Action: Tha't the City Council, Planning Commission, and Housing Commission receive the report and provide any input to staff. Staff Report A - Baird + Driskell Memo ADJOURNMENT 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 rtrdess a shorter tim is required by State or Federal law. Prior to seeking judicial review of any adjudicatory (qriasi-jwlfic#ar) decision, interested persons must file a petition for reconsideration within ten cale.ndar dgys of the date the City Clerk mails notice of the City's decision. Reconsideratio;n petitions must ccnqgly voith the requirements of Cupertino Municipa{ Page 3 City Council Agenda April 27, 2021 17? compliance with the Americans with Disab'dities Act (ADA), anyone who is plawing to attend this teLeconference meeti;ng who is visuauy or hearing impaired or has any disabi[ih) that needs specia[ assistance sho'tdd call the City Clerk's Office at 408-777-3223, at Least 48 hours in advance of the meeting to arrange for assistance. by addition, upon request, in advance, by a person with a disabi7ih), meeting agendas and writi;ngs distributed for the meeting that are pubiic records will be made availab7e in the appropriate alternative format. Arty writings or documents provided to a majority of the Cupertino City Counci7 after publication oj the packet will be made availab(e for public inspection in the City Clerk's Office located at Cih) Hail, 10300 Torre Avenue, during norma7 business hours and in Counci7 packet archives linked from the agenda/mi;nutes page 07? the Cupertino web site. IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Mu;nicipal Code 2.08.100 written communications sent to the Cupertino Cih) Council, Commissioners or Cih) staff concerning a matter 07? the agenda are included as supp(ementa7 materia7 to the agendized item. These writtert communications are accessib(e to the public through the Cih)'s website and kept in packet archives. You are hereby admonished not to include any personal or private i;nformatio;n in written commrmications to the Cih) that you do not wish to make public; doing so shall constitute a rnaiver of any privacy rights you may have O?Z the information provided to the City. Page 4 CITY OF CUPERTINO STATE OF CALIFORNIA AGEN8:,=, In accordance with Governot Newsom's Executive Ot'der No-29-20, this will be a teleconference meeting without a physical location to help stop the spread of COVID-19. Members of the public wishing to observe the meeting may do so in one of the following ways: 1) Tune to Comcast Channel 26 and AT&T U-Verse Channel 99 on your TV. 2) 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 comment on an item on the agenda may do so in the following ways: 1) E-mail comments by 4:30p.m. on Tuesday, March 30to 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. 2) E-mail comments during the times for public comment during the meeting to the City Clerk at cityclerk@cupertino.org. The City Clerk will read the emails into the record, and display any attachments on the screen, for up to 3minutes (subject to the Mayor's discretion to shorten time for public comments). Members of the public that wish to share a document must email cityclerk@cupertino.org prior to speaking. 3) Teleconferencing Instructions Members of the public may provide oral public comments during the teleconference meeting as follows: Page I City Council Agenda March 30, 2021 Oral public comments will be accepted during the teleconference meeting. Comments may be made during "oral communications" for matters not on the agenda, and during the public comment period for each agenda item. 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: id W.ebEiE IDTh Dial: 669-900-6833 and enter Webinar ID: (Type *9 to raise hand to speak). 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) Meeting ID: 930 G21G 773G SIP: 93062167736@zoomcrc.com After registering, you will receive a confirmation email containing information about joining the webinar. Please read the folIowing 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 instnuctions 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 l'raise hand." 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. In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to Page 2 City Council Agenda March 30, 2021 attend this teleconference City Council 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 Council meeting to arrange for assistance. In addition, upon request, in advance, by a person with a disability, City Council meeting agendas and writings distributed for the meeting that are public records will be made available in the appropriate alternative format. 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, March 30, 2021, commencing at 6:30 p.m. In accordance with Governor Newsom's Executive Order No-29-20, this will be a teleconference meeting without a physical location. 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 ORDINANCES AND ACTION ITEMS 1.Consider adopting a resolution approv'mg, the purchase of properFy at 10455 Torre Avenue, Cupertino (APN 369-40-009) Recommended Action: 1. Adopt Resolution No. 21-023 approving the purchase of the property at 10455 Torre Avenue, Assessors' Parcel Number 369-40-009, from Rudd Charitab Stephen Unitrust (Seller), in the amount of $4,450,000, authorizing the City Manager to execute all necessary documents and related steps to complete the acquisition. 2. Approve increased budget appropriation of $4,450,000 in the General Fund-Non Departmental program for the purchase of the property. A - Draft Resolution STUDY SESSION 2.Review Council goals and prioritize potential Fiscal Year 2021-2022 City Work Program items Recommended Action: Review Council goals, prioritize items for the FY 2021-2022 City Work Program, and provide input A - FY 2021-2022 City Work Program Prioritization List 2 B - FY 2019-2020 City Work Program Items Delayed Due to COVID-19 C - FY 2020-2021 City Work Program Items D - Commission and Audit Committee Proposals for FY 2021-2022 City Work Program Page 3 City Council Agenda March 30, 2021 ADJOURNMENT The Cit'y of Cupertirto has adopted the provisions of Code of Civil Procedure §1094.6; 7itigation challengiyqg a fiyial decision of the City Cou;nci7 must be brought withiyq 90 days after a decisioyq is am;tovmced rmless a shorter time is required by State or Federal law. Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persorys must fire a petitioyi far reconsideration within ten calendar days of the date the City Clerk ynai7s notice of the City's decisiort. Reconsideration petitions must comply with tlie requiremertts of Cupertino Municipal Code §2.08.096. Contact the City C7erk's office for more information or go to http:/lwwzo.cupertino.org/cityclerk for a reconsideratiori petition form. 77? compliance with the Americans zoitli Disabilities Act (ADA), anyone who is planning to attend this teleconference meeting who is visually or hearing impaired or has any disability that needs special assistance should cal7 the City Clerk's Office at 408-777-3223, at least 48 hours in advance of the meetiyig to arrayige for assistayice. In additioyq, upon request, iyi advance, by a persoyi with ct disability, meeting agendas and writings distributed for the meeting tliat are pub'Lic records wi77 be made available in the appropriate alternative format. A7?3/ writi;ngs or documeyits provided to a majority of the Cupertino Ci% Counci7 after pub7icatio;n oj the packet wi7l be made avaiLable for public inspection in the City Clerk's Office (ocated at City Hall, 10300 Torre Avertue, during normal business hours and in Counci7 packet archives Linked from the agenda/minutes page on the Cupertino web site. IMPORTANT NOTICE: Please be advised that pursua;nt to Cupertino MunicipaL Code 2.08.100 written communications sent to the Cupertino City Covmcil Commissioners or City staff co;ncerninga matter 07? the agenda are inc(uded as supp(ementa( materia7 to the agendized item. These written communications are accessib(e to the public through the City's,website and kept in packet archives. You are hereby admonished not to include any persortal or private information in written commurtications to the City that you do not voish to make public; doing so shall constitute a waiver of any privacy rights you may have on the information provided to the City. Page 4 !ENALTY :T 'llvl21 6:15 STED THE N TIC ' GENDA ON '-HE- BULLETIN B,0 D Y HALL Amended Regular Meeting Non-Televised Closed Ses4\a@\ NQ5) an Tele 4 (6:45) update Subject, Recommended Action and Staff Report for Item No. 15 Turf Management Sixth Amendment. TELECONFERENCE / PUBLIC PARTICIPATION INFORMATION TO HELP STOP THE SPREAD OF COVID-19 In accordance with Governor Newsom's Executive Order No-29-20, this will be a teleconference meeting without a physical location to help stop the spread of COVID-19. Members of the public wishing to observe the open session meeting may do so in one of the following ways: 1) Tune to Comcast Channel 26 and AT&T U-Verse Channel 99 on your TV. 2) 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 comment on an item on the agenda may do so in the following ways: 1) E-mail comments for closed or open session by 4:30 p.m. on Tuesday, April 6 to the Courtcil 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. 2) E-mail comments for closed or open session during the times for public comment during the meeting to the City Clerk at cityclerk@cupertino.org. The City Clerk will read the emails into the record, and display any attachments on the screen, for up to 3 minutes (subject to the Mayor's discretion to shorten time for public comments). Members of the public that wish to share a document must email cityclerk@cupertino.org prior to speaking. 3) Teleconferencing Instructions Page I CityCouncil Agenda April6,2021 -Members of the "public may provide oral public comments during the teleconference meeting-as follows: Oral public comments will be accepted during the teleconference meeting. Comments may be made during "oral communications" for matters not on the agenda, and during the public comment period for each agenda item. To address the City Council, click on the links below to access the closed and open session meetings: a CLOSED SESSION a ' - Members of the public may provide oral public comments in open session prior to the closed session teleconference meeting as follows: To address the City Council, click on the link below to register in advance and access the meeting: Online Join Meeting: https://cityofcupertino.zoom.us/j/94718744854 Phone Dial: 669-900-6833 and enter Meeting ID: 947 1874 4854 (Type *9 to raise hand to speak). OPEN SESSION Members of the public may provide oral public comments during the open session teleconference meeting as follows: Oral public comments will be accepted during the open session teleconference meeting. Comments may be made during "oral communications" for matters not on the agenda, and during the public comment period for each agenda item. To address the City Council, click on the link below to register in advance and access the meeting: Online R e g i s t e r i n a d v a n c e f o r t h i s w e b i n a r : https://city6fcuperhno.zoom.us/webinar/register/WNrXyOaqhfR-WftEAiA9LJqA Phone Dial: 669-900-6833 and enter Webinar ID: 912 8578 7172 (Type *9 to raise hand to speak). Unregistered participants will be called on by the last four digits of their phone number. Page 2 City Council Agenda April 6, 2021 Or an H.323/SIP room system: H.323: 162.255.37.11 (US West) Meeting ID: 912 8578 7172 SIP: 91285787172@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. '1/Vhen the Mayor calls for the item on which you wish to speak, click on "raise hand." 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. In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend this teleconference City Council 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 Council meeting to arrange for assistance. In addition, upon request, in advance, by a person with a disability, City Council meeting agendas and writings distributed for the meeting that are public records will be made available in the appropriate alternative format. ROLL CALt - 6:15 PM CtOSED SESSION 1.$: Public Employee Employment (Gov't Code 54957(b)(1)); Title: City Attorney Recruitment. RECESS Page 3 City Council Agenda April 6, 2021 ROLL CALL - 6:45 PM OPEN SESSION PtEDGE OF AtLEGIANCE CEREMONIAI, MATTERS AND PRESENT ATIONS POSTPONEMENTS AND ORDERS OF THE DAY ORAL COMMUNICATIONS This portion of the meeting is reserved for perso;ns wishing to address the Council on any matter within the jurisdiction of the Counci7 and not on the agenda. The total time for Ora7 Communications will ordinar'dy be limited to one hour. Iridividua7 speakers are Limited to three (3) minutes. As necessary, the Chair may fitrther limit the time allowed to individual speakers, or reschedule remaining comments to the ertd of the meeting 07? a first come first heard basis, with priority given to students. In most case,s, State Law roill prohibit the Council from discussing or making any decisions with respect to a matter not listed 07? the agenda. A councilmember may, however, briefly respond to statements made or questions posed by speakers. A councilmember may also ask a question for clarification, provide a referertce for factua7 information, request staff to report back concern'mg a matter, or request that an item be added to a future City Counci7 agenda in response to public comment. REPORTS BY COUNCIL AND STAFF (10 minutes) 2. $: Brief reports on councilmember activities and brief announcements Recommended Action: . Receive brief reports on councilmember activities and brief announcements 3. $: City Manager update on emergency response efforts Recommended Action: Receive City Manager update on emergency response efforts 4. $: Report on Committee assignments Recommended Action: Report on Committee assignments CONSENT CALENDAR Urdess there are separate discussions and/or actions requested by council staff or a member of the public, it is requested that items under the Consent Calendar be acted on simultaneous[y. 5,%: Approve the February 6 City Council minutes Recommended Action: Approve the February 6 City Council minutes A - Draft Minutes (and Exhibit A) B - Exhibit A Page 4 City Council Agenda April 6, 2021 6. l: Approve the March 16 City Council minutes Recommended Action: Approve the March 16 City Council minutes A - Draft Minutes 7.l: Fiscal Year (FY) 2021-22 projects proposed to receive funding from the Road Maintenaitce and Rehabilitation Account (RMRA), created by Senate Bill I (SB 1) Recommended Action: Adopt Resolution No. 21-024to list FY 2021-22projects proposed to receive RMRA (SB 1) funding. Staff Reoort A - Draft Resolution 8. l: FY 2019-20 Comprehensive Annual Financial Report (CAFR) and related supplemental reports. Recommended Action: Accept the FY 2019-20 Comprehensive Annual Financial Report (CAFR) and related supplemental reports. Staff Rei'iort A - FY 19-20 CAFR B - FY 19-20 GAGAS C - FY 19-20 Appropriations Limit AUP D - FY 19-20 TDA E - FY 19-20 Investment AUP 9.l: Accept Accounts Payable for the period ending January 31, 2021. Recommended Action: Adopt Resolution No. 21-021 accepting Accounts Payable for the period ending January 31, 2021. A - Draft Resolution B - AP Report 10. l: Accept Accounts Payable for the period ending February 08, 2021 Recommended Action: Adopt Resolution No. 21-025 accepting Accounts Payable for the period ending February 08, 2021 A - Draft Resolution B - AP Report 11. $: Accept Accounts Payable for the period ending February 16, 2021 Recommended Action: Adopt Resolution No. 21-026 accepting Accounts Payable for the period ending February 16, 2021 A - Draft Resolution B - AP Report 12. $: Accept Accounts Payable for the period ending February 22, 2021 Recommended Action: Adopt Resolution No. 21-027 accepting Accounts Payable for the period ending February 22, 2021 Page 5 City Council Agenda April 6, 2021 A - Draft Resohrtion B - AP Report 13. $: Accept Accounts Payable for the period ending February 28, 2021 Recommended Action: Adopt Resolution No. 21-028 accepting Accounts Payable for the period ending February 28, 2021 A - Draft Resolution B - AP Report 14. $: Consultant agreement for the Residential and Mixed-Use Residential Design Standards Work Program item for the fiscal year 2020-21 and associated budget modification. Recommended Action: That the City Council adopt Resolution No. 21-029 (Attachment Ai to: 1) Award a consultant agreement for the Residential and Mixed-Use Residential Design Standards Work Program item for the fiscal year 2020-21; and 2) Authorize the City manager to negotiate and execute a consultant agreement with RRM Design Group to provide these services to the City, for an amount not to exceed $226,757; and 3) Approve a Budget Modification #2021-114 to increase appropriations in 100-71-702 750-090 by $75,757 for the residential and mixed-use residential design standards for the fiscal year 2020-21 Work Program. A - Draft Resolution B - Contract, Scope of Work, & Fee Estimate 15. $: Authorization of a Sixth Amendment to Agreement 15-206 between the City of Cupertino and Professional Turf Management, extending the contract for one year and resulting in $205,200 in new turf maintenance related expenses for FY 2021-22. Recommended Action: Approve the Sixth Amendment of Agreement 15-206 between the City of Cupertino and Professional Turf Management, extending the contract for one 7ear and resulting in $205,200 in new turf maintenance related expenses for FY 2021-22. A - Draft Agreement Sixth Amendment B - Original Agreement Amendments 1-5 SECOND READING OF ORDINANCES 16. $: Municipal Code Amendments to adopt glazing and lighting regulations to implement the Fiscal Year 2019/20 City Council Work Program items related to Dark Sky and Bird-Safe Design. (Application No. MCA-2019-003arid MCA-2019-004; Applicant: City of Cupertino; Location: City-wide) Page 6 City Council Agenda April 6, 2021 Recommended Action: That the City Council conduct the second reading and enact Ordinance No. 21-2225 "An Ordinance of the City Council of the City of Cupertino Amending City Code to add 19.102: Glass and Lighting Standards and to Amend Chapter 19.40 Residential Hillside (RHS) Zones, Chapter 19.60 General Commercial (GC) Zones, Chapter 19.72 Light Industrial (ML) and Industrial Park (MP) Zor+es, and Chapter 19.124 Parking Regulations to Implement Bird-safe and Dark Sky Policies," (Attachment A) which includes a finding that the proposed actions are exempt from CEQA. Staff Report A - Draft Ordinance No. 21-2225 B - Redlines from March 16 2021 PUB[IC HEARINGS 17. $: Consider whether to authorize the formal submission and processing of a General Plan Amendment Authorization for a change to the Land Use Designation from Low Density (1-5 DU/Ac.) to Low/ Medium Density (5-10 DU/Ac.), which would allow construction of four small lot single family homes where one single family home currently exists. Applicant(s): Homestead Homes; Application No(s) GPAAuth-2020-001; Location: 19820 Homestead Road APN# 316-04-064 Recommended Action: That the City Council conduct the public hearing and: 1) Find that the proposed application is exempt from CEQA; and 2) Adopt Resolution No. 21-030 approving the request for a General Plan Amendment; or deny the request for a General Plan Amendment. A - Draft Resolution B - City Council Policy for General Plan Amendment Application Procedures C - Project Plans D - Project Description E - Homestead Homes Feasibility Analysis, prepared by Kelly Snider of Land use Analysis Entitlement Services. dated November 5. 2020. F - Fiscal Analysis of the Homestead GPA Application, prepared by Economics and Planning Systems, Inc.. dated December 23. 2020 18. $: Fiscal Year (FY) 2021-22Community Development Block Grant (CDBG) Program and Below Market Rate (BMR) Affordable Housing Fund (AHF) funding allocations. Recommended Action: 1) Adopt Resolution No. 21-031 recommending the FY 2021-22 CDBG and BMR AHF funding allocations. 2) Authorize the City Manager to negotiate and execute FY 2021-22 CDBG and BMR AHF funding agreements. Page 7 City Council Agenda April 6, 2021 A - Draft Resolution B - FY 21-22 NOFA RFP C - FY 2021-22 CDBG and BMR AHF Funding Application Descriptions D- Housing Commission Resolution 21-01 19. $: Consider amendments to Cupertino Municipal Code Sections 19.56.030A (Table 19.56.030) and 19.56.030F (Density Bonus Ordinance) to incentivize the development of affordable housing by allowing for density bonuses of up to 40 percent (Application No: MCA-2021-002; Applicant: City of Cupertino; Location: Citywide. Recornrnended Action: That the City Council conduct the first reading of Ordinance No. 21-2226, "An Ordinance of the City Co'u"icil of the City of Cupertino Amending Cupertino Municipal Code Section 19.56.030A (Table 19.56.030) and 19.56.030F (Density Bonus Ordinance) to Incentivize the Development of Affordable Housing by Allowing for Density Bonuses of up to 40 Percent," which iricludes a finding that adoption of the ordinance is exempt from the California Environmental Quality Act. A - Draft Ordinance B- Sally Nielsen, Hausratli Economics Group, Economic Evaluation of City of Cupertino Housing Progarn to Incentivize the Production of Affordable Housing C - California Rural Legal Assistance Foundation and Western Center on Law & Pover'cy, Letter in Opposition to AB 2345 20. $: Consideration of Municipal Code Amendments to the Cupertino Municipal Code, Chapter I0.90, expanding existing policies to reduce exposure to secondhand smoke, including in multi-unit housing, entryways, public events, service areas, and outdoor worksites. Recommended Action: 1. Reintroduce with amendments and conduct the first reading of Ordinance No. 21-2227: "An Ordinance of the City Council of the City of Cupertino amending City Code Chapter 10.90 of Title 10 (Public Peace, Safety, and Morals) to prohibit smoking in multi-unit housing and certain outdoor areas," which adds setback requirements for designated smoking areas and includes detached ADUs and JADUs in the regulations; or 2. Conduct the second reading and enact Ordinance No. 21-2224 "An Ordinance of the City Council of the City of Cupertino amending City Code Chapter 10.90 of Title 10 (Public Peace, Safety, and Morals) to prohibit smoking in multi-unit housing and certain outdoor areas." Staff Report A - Draft Ordinance 21-2224 to Regtilate Smoking (First Reading Approved on 3/2/21) Clean B - Draft Ordinance 21-2224 to Regulate Smoking (First Reading Approved on 3/2/21i Redline C - Revised Draft Ordinance to Regulate Smoking Clean D - Revised Draft Ordinance to Regulate Smoking Redline E - March 2, 2021 Staff Report F - Tobacco Free Communities Policies in Saitta Clara County Page 8 City Council Agenda April 6, 2021 ORDINANCES AND ACTION ITEMS ORAL COMMUNICATIONS - CONTINUED (As necessary) COUNCIL AND ST AFF COMMENTS AND FUTURE AGENDA ITEMS ADJOURNMENT The City of Cupertino has adopted the provisions of Code of Civi7 Procedure §1094.6; litigation chal(enging a fina7 decision of the City Courtcil must be brought zoith'm 90 days after a decision is aymovmced unless a shorter time is required by State or Federal Law. Prior to seeking judicia7 reviero of any adjudicatory (quasi-judicial) decision, i;nterested persons must file a petition for reconsideration with'm ten calendar days of the date the City Clerk mails notice of the City's decision. Reconsideration petitioyis must comply with the requireme;nts of Cuperti'no Mu;nicipal Code §2.08.096. Contact the City Clerk's office for more information or go to http://wwzo.cupertino.org/cityclerk for a reconsideration petition form. 17? compliayice with the Americans with Disabilities Act (ADA), anyone who is plarming to attend this teleconference meeting roho is visualLy or hearing impaired or has any disabi(ity that rteeds specia7 assistance shoudd ca77 the City Clerk's Office at 408-777-3223, at 7east 48 hours in advance of the meeting to arrange for assistance. In addition, upon request, in ctdvance, by a persort with a disability, meeting agendas and writiyqgs distributed for the meet'mg that are public records wig( be made available in the appropriate alternative format. A??!/ writings or documents provided to a majority of the Cupertino City Cotozci7 after publication of the packet will be made available for public inspection in the City Clerk's Office 7ocated at City Hall, 10300 Torre Avemte, during norma7 business hours and in Council packet archives linked from tlie agenda/mi;nutes page 072 the Cupertino web site. IMPORTANT NOTICE: Please be advised that pursua;nt to Cupertino Municipal Code 2.08.100 written communications sertt to the Cupertino City Cotmcil Commissioners or City staff concerni;ng a matter on the agenda are included as supplementa7 material to the agertdized item. These written commtmications are accessible to the public through the City's website and kept iri packet archives. You are hereby admonished not to include any personal or private information in written commvmications to the City that you do not wish to make public; doing so shal7 constitute a waiver of any privacy rights you may have on the information provided to the City. Page 9 CITY OF CUPERTINO STATE OF CALIFORNT A DEPAR.T- PERJURYTHATOi'.I DATEi 'J' TELECONFERENCE MEETING WITHOUT A PHYSICAL LOCATION For more information: (408) 777-3200 l www.cuperfino.org 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. PUBIIC 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 C3ty Council and Planning Commission meetings are available at www.cupertino.or@, 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.http://www.cul'ertino.orz/index.as px?pa@e=l25 for a reconsideration petition form. 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 te.leconference meeting. Comments may be made during "oral communications" for matters not on the agenda, and during the public,co@zent period for each agenda item. Identifying yourself is voluntary and. not required to attend the meeting or provide comments. FLOWCHART FOR HEARING ITEMS: ' Maaygoernindtaroldteumces 1 vClo,lutsncOirlmOeumtsbldeerscormepmourtn.lcaantyl0nssite l mrecommendatton ,__I qCuoeusntcioilnmsembersaskclarifyingi / Applicant or / j Councilmembers ask questions. / Appellant makes / For appeals of approvals, the / presentation / l applicantmayrespondto / (up to 10 mins.) / I appellants presentation. + Mayorinvitesmembersof +-i Speakers submit a Request to the public to speak about l Speak card, and are allowed up to the agenda item l 3 minutes per individual. Council i members may ask questions of i speakers.l Mayor Invites applicanUappellant to repond to public l (Mayohrecalorisnegsthe ) l Council holds initial discussions ' and/or a Councilmember makes a city motion and obtains a second. !otes on the - agen4s.,em The City Council then discusses and deliberates on the motion(s) and votes. I CUPERTINO CITY OF CUPERTINO AGENDA CITY COUNCIL This will be a teleconference meeting without a physical location. Tuesday, March 30, 2021 6:30 PM Televised Special Meeting (6:30) TELECONFERENCE / PUB[IC PARTICIP ATION INFORMATION TO HELP STOP THE SPREAD OF COVID-19 In accordance with Governor Newsom's Executive Order No-29-20, this will be a teleconference meeting without a physical location to help stop the spread of COVID-19. Members of the public wishing to observe the meeting may do so in orie of the following ways: 1) Tune to Comcast Channel 26 and AT&T U-Verse Channel 99 on your TV. 2) 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 comment on an item on the agenda may do so in the following ways: 1) E-mail comments by 4:30p.m. on Tuesday, March 30to the Council at citycouncil@cupertino.org. These e-mail comments will also be forwatded to Councilmembers by the City Clerk's office before the meeting and posted to the City's website after the meeting. 2) E-mail comments duri:ng the times for public comment during the meeting to the City Clerk at cityclerk@cupertino.org. The City Clerk will read the emails into the record, and display any attachments on the screen, for up to 3 minutes (subject to the Mayor's discretion to shorten time for public comments). Members of the public that wish to share a document must email cityclerk@cupertino.org prior to speaking. 3) Teleconferencing Instructions Members of the public may provide oral public comments during the teleconference meeting as follows: Page I City Council Agenda March 30, 2021 Oral public comments will be accepted during the teleconference meeting. Comments may be made during 'loral communications" for matters not on the agenda, and during the public comment period for each agenda item. 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/WNW3QNzHxSI2bgNkz3iIwmg Phone Dial: 669-900-6833 and enter Webinar ID: 930 6216 7736 (Type '9 to raise hand to speak). 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) Meeting ID: 930 6216 7736 SIP: 93062167736@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 l'raise hand." 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. In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to Page 2 City Council Agenda March 30, 2021 attend this teleconference City Council 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 Council meeting to arrange for assistance. In addition, upon request, in advance, by a person with a disability, City Council meeting agendas and writings distributed for the meeting that are public records will be made available in the appropriate alternative format. 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, March 30, 2021, commencing at 6:30 p.m. In accordance with Governor Newsom's Executive Order No-29-20, this will be a teleconference meeting without a physical location. 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 CAL[ ORDINANCES AND ACTION ITEMS 1.l: Consider adopting a resolution approving the purchase of property at 10455 Torre Avenue, Cupertino (APN 369-40-009). Recommended Action: 1. Adopt Resolution No. 21-023 approving the purchase of the property at 10455 Torre Avenue, Assessors' Parcel Number 369-40-009, from Rudd Charitab Stephen Unitrust (Seller), in the amount of $4,450,000, authorizing the City Manager to execute all necessary documents and related steps to complete the acquisition. 2. Approve increased budget appropriation of $4,450,000 in the General Fund-Non Departmental program for the purchase of the property. Staff Rei:iort A - Draft Resolution STUDY SESSION 2.Review Council goals and prioritize potential Fiscal Year 2021-2022 City Work Program items Recommended Action: Review Council goals, prioritize items for the FY 2021-2022 City Work Program, and provide input A - FY 2021-2022 City Work Program Prioritization List 2 B - FY 2019-2020 City Work Program Items Delayed Due to COVID-19 C - FY 2020-2021 City Work Program Items D - Commission and Audit Committee Proposals for FY 2021-2022 City Work Program Page 3 City Council Agenda March 30, 2021 ADJOURNMENT The City of Cupertino has adopted the provisions of Code of Civi7 Procedure F31094.6; Litigation challengiyig a final decision of the City Counci7 must be brought within 90 days after a decision is annovmced vtrdess a shorter tiyne is required by State or Federal Law. Prior to seeking judicial reviero of any adjudicatory (quasi-judicia7) decision, irtterested persons must fire a petitioyi for reconsideration within ten calendar days of the date the City Clerk mails notice of the City's decisio;n. Reconsideration petitions must comply roith tlie requiremertts of Cupert'mo Municipa7 Code §2.08.096. Contact the City Clerk's office for more information or go to http://wwvo.cupertino.org/cityc7erk for a reconsideration petition form. 77? comp7iartce with the Americans with Disabilities Act (ADA), anyone who is planning to attertd this teteconference meet'mg who is visually or hearing impaired or has any disability that needs specia7 assistance should call the City Clerk's Office at 408-777-3223, at 7east 48 hours in advance of the meetirtg to arrange for assistartce. In addition, upoyi request, iyi advarice, by a person with a disability, meeting agendas and writings distributed for the meeting that are public records wiL7 be made available 'm the appropriate alternative format. Art3/ writings or documents provided to a majority of the Cupertino City Council after publication oj the packet roill be made available for public inspection in the City Clerk's Office 7ocated at City Hail, 10300 Torre Avenue, during normal business Jiours and in Council packet archives linked from the agenda/minutes page 07? the Cupertino web site. IMPORTANT NOTICE: Piease be advised that pursuant to Cupertino Municipal Code 2.08.100 written communications sent to the Cupertino City Council, Commissio'ners or City staff concerning a matter 072 the agenda are irtcluded as supplemental materia7 to the agendized item. These written communications qre accessible to the public through the City's website and kept in packet archives. You are hereby admonished riot to i;nclude any personal or private information in written comrmmications to the City t7iat you do not zoish to make public; doing so shall constitute a zoaiver of any privacy rights you may have 07? the information provided to the City. Page 4 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, 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 j2.08.096. 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: Darcy Pau Liang Chao Kitty Moore Hung Wei Jon Robert Willey Executive Assistant City Hall citycouncil@cupertino.org DPaul@cupertino.org LiangChao@cupertino.org Kmoore@cupertino.org HWei@cupertino.org JWilley@cupertino.org AshleyS@cupertino.org www.cupertino.org 408 777-3195 408 777-3192 408 777-1398 408 777-3139 408 777-3193 408 777-8204 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) Thursday (replay) INTERNET City Council and Planning Commission videos are available on demand at www.cupertino.org. Select I Want To, View City Council meetings". Friday (replay) 10:00 a.m. Saturday (replay) 9:00a.m. 6 :45 p.m. 7 :00 p.m. 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) Fire (Emergency) Fire (Non-Emergency ) Garbage Gas & Electricity Recreation & Community Services Police (Emergency) Police (Non-Emergency) Public Health Sanitary Sewers Water General Information and Comments Santa Clara County Fire Dept. dispatch Santa Clara County Fire Dept. Recology South Bay Pacific Gas & Electric (PG&E) Quinlan Community Center Santa Clara County Sheriff dispatch Santa Clara County Sheriff Santa Clara County Public Health Cupertino Sanitary District San Jose Water California Water (408) 777-CITY 911 (408) 378-4010 (408) 725-4020 1-800-7 43-5000 (408) 777 -3120 911 (408) 868-6600 (408) 732-3720 (408) 253-7071 (408) 279-7900 (650) 917-0152 CUPERTINO TAC P.AAGW yy, -M-F-NT,STTB!il'4aT)ER@PEN4LT,YOF TELECONFERENCE / PUBLIC PARTICIPATION INFORMATIO SPREAD OF COVID-19 :!MjNATURE 0 HE[P STOP THE In accordance with Governor Newsom's Executive Order No-29-20, this will be a teleconference meeting without a physical location to help stop the spread of COVID-19. Members of the public wishing to comment on an item on the agenda may do so in the following ways: 1) E-mail commertts for the closed session by 4:30 p.m. on Wednesday, March 24 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. 2) E-mail comments for the closed session during the time for public comment before the meeting to the City Clerk at cityclerk@cupertino.org. The City Clerk will read the emails into the record, and display any attachments on the screen, for up to 3 minutes (subject to the Mayor's discretion to shorten time for public comments). Members of the public that wish to share a document must email cityclerk@cupertino.org prior to speaking. 3) Teleconferencing Instructions Members of the public may provide oral public comments in open session prior to the closed session teleconference meeting as follows: To address the City Council, click on the link below and access the meeting: Online Please click the link below to join the meeting: https://cityofcupertino.zoom.us/j/97055455427 Page I City,Council Agenda March 24, 2021 Phone Dial 669-900-6833 and enter Meeting ID: 970 5545 5427 (Type *9 to raise hand to speak) 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. If you wish to make an, oral public comment but do not wish to provide your name, you rriay say "Cupertino Resident" or similar designation. 3, When the Mayor calls for the item on which you wish to speak, click on "raise hand." 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. In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend this teleconference City Council 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 6 hours in advance of the Council meeting to arrange for assistance. In addition, upon request, in advance, by a person with a disability, City Council meeting agendas and writings distributed for the meeting that are public records will be made available in the appropriate alternative format. 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 Wednesday, March 24, 2021, commencing at 6:15 p.m. In accordance with Governor Newsom's Executive Order No-29-20, this will be a teleconference meeting without a physical location. Said special meeting shall be for the purpose of conducting business on the subject matters listed below under the heading, "Special Meeting." SPECIAL MEETING RO[L CALL CLOSED SESSION Page 2 City Council Agenda March 24, 2021 1.l: Conference with Legal Counsel - Existing Litigation. Pursuant to Government Code Section 54956.9(d)(1), conference with Legal Counsel regarding existing litigation: a. Huang Family v. City of Cupertino, Santa Clara County Superior Court Case No. 19CV347316. b. City of Arcata et al. v. Pacific Gas & Electric Co., San Francisco Cointy Superior Court Case No. CGC-20-585483 2. l: Conference with Legal Counsel - Anticipated Litigation. Initiation of litigation pursuant to Government Code Section 54956.9(d)(4) (three potential cases). ADJOURNMENT The City of Cupertino has adopted the provisions of Code of Civi7 Procedure §1094.6; litigation challenging a fina7 decision of the City Courtci7 must be brought roithiyi 90 days after a decisioyq is aymouiiced unless a shorter time is required by State or Federa7 law. Prior to seeking judicia7 review of any adjudicatory (quasi-judicial) decision, interested persons must fire a petition for reconsideration within teiq calendar days of the date the City C7erk mails notice of the City's decision. Reconsideration petitioyqs must comply zoith the requireme;nts of Cupertino Municipal Code §2.08.096. Contact the City Clerk's office for more information or go to http://www.cupertino.org/cityclerk for a reconsideration petition form. 17? compliance with the Americans roith Disabilities Act (ADA), anyone who is plamii;ng to attend this teleconference meeting zoho 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 6 hours in advance of the meetirxg to arrartge for assistayzce. h't additioyq, upoyi request, 'm advayice, by a persoyi with a disability, meetiyig agendas ayqd writ'mgs distributed for the meeting tliat are public records wil7 be made available in the appropriate alternative formctt. A7?!{ writings or documeyits provided to a majority of the Cupertirxo City Counci7 after publication of the packet wil7 be made available for public iyispection'ni the City CLerk's Office Located at City Hail, 10300 Torre Avenue, dur'mg norma( business hours and in Council packet archives linked from the agenda/minutes page 07? the Cupertino web site. IMPORTANT NOTICE: Please be advised that pursuayqt to Cupertino Muyiicipal Code 2.08.100 written communications sent to the Cupertino City Council, Commissioners or City staff concerning a matter 07? the agenda are included as supplemental material to the agendized item. These written commvmications are accessible to the public through the City's website and kept iyq packet archives. You are hereby admonislied yiot to i;nclude any personal or private information in writte;n comrmmicatiorts to the City that you do not zoish to make public; doing so shaL7 constitute a waiver of any privacy rig7its you may have on the information provided to the City. Page 3 CITY OF STATE OF CALIFORNIA QM\3" cYry oF cupp' - D TELECONFERENCE MEETING WITHOUT A PHYSICAL LOCATION For more information: (408) 777-3200 I www.cupertino.org 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 teleconference meeting. Comments may be maae'during "oral corr;munications" 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. 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 lega 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 andthirdTuesdaysofeachmonth. 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. FLOWCHARTFORHEARINGITEMS: . i Maaygoernindtaroldteumces <* VClo,lutsncoirlmOeumtsbldeerscOrmepmourtnllcaantyl0nssite I mrecommenatlOn H cquoeusntclo:inmsembers ask clarifying , + Applicant or / i Councilmembers ask questions. ,' App_ell_a_nt m_akes /_ __ _ Fo_r_ap_p_e__also_f_a_pp_rov_a_ls,_t_h_e _ __ presentation / i applicantmayrespondto ' (up to 10 mins.) / i appellants presentation.-l + Mayorinvitesmembersof 4--1 Speakers submit a Request to the public to speak about i Speak card, and are allowed up to the agenda item i 3 minutes per individual. Council i members may ask questions of i speakers.+ Mayor Invites applicant/appellant to repond to public + (vayohrecalorisnegsthe ) + Council holds initial discussions and/or a Councilmember makes a 'City Council' motion and obtains a second. yofeson'ha ' TheCityCouncilthendiscussesand - agendanam deliberates on the motion(s) and VOTES. aa I is* i iaaiii ai i s 0 I II I I Ill 101 I I II I II I n i tr i it in nn ui un i n x i m at nr nm i i t i n n i i aa * i i ii a ia i i iia i rnna I 0% 1111111- Urgent business, holidays, or election elays may trigger special or adjourned meetings. These meetings will be noticed beforehand. AGENDAS, MINUTES, AND PACKETS AVAILABLE ON THE WEB - -Agendas, minute-s,- -a current and prior City Council and Planning Commission meetings are available at www.cupertino.org, or you can purchase the items on CD. CITI 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.http://www.cupertino.org/index.as for a reconsideration petition form. CITY OF CUPERTINO AGENDA CUPERTINO CITY COUNCIL This will be a teleconference meeting without a physical Iocation. Tuesday, March 16, 2021 5:45 PM Amended Televised Special Meeting Study Session (5:45) and Regular City Council Meeting (6:45) Amended on 3/11/2021 at 5:13 pm to add the staff report for Special Meeting Study Session Item No. 1. TELECONFERENCE / PUBLIC PARTICIPATION INFORMATION TO HELP STOP THE SPREAD OF COVID-19 In accordance with Governor Newsom's Executive Order No-29-20, this will be a teleconference meeting without a physical location to help stop the spread of COVID-19. Members of the public wishing to observe the meeting may do so in one of the following ways: 1) Tune to Comcast Channel 26 and AT&T U-Verse Channel 99 on your TV. 2) 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 comment on an item on the agenda may do so in the following ways: 1) E-mail comments by 4:30p.m. on Tuesday, March 16to 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. 2) E-mail comments during the times for public comment during the meeting to the City Clerk at cityclerk@cupertino.org. The City Clerk will read the emails into the record, and display any attachments on the screen, for up to 3minutes (subject to the Mayor's discretion to shorten time for public comments). Members of the public that wish to share a document must email cityclerk@cupertino.org prior to speaking. 3) Teleconferencing Instructions Members of the public may provide oral public comments during the teleconference Page I City Council Agenda March 16, 2021 meeting as follows: Oral public comments will be accepted during the teleconference meeting. Comments may be made during "oral communications" for matters not on the agenda, and during the public comment period for each agenda item. 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/WNpE6zBIJeRgGmTjHn415Gig Phone Dial: 669-900-6833 and enter Webinar ID: 931 8177 5740 (Type *9 to raise hand to speak). 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) Meeting ID: 931 8177 5740 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 wis'h to speak, click on "raise hand." 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 March 16, 2021 In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend this teleconference City Council 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 Council meeting to arrange for assistance. In addition, upon request, in advance, by a person with a disability, City Council meeting agendas and writings distributed for the meeting that are public records will be made available in the appropriate alternative format. NOTICE AND CAtL 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, March 16, 2021, commencing at 5:45 p.m. In accordance with Governor Newsom's Executive Order No-29-20, this will be a teleconference meeting without a physical location. Said special meeting shall be for the purpose of conducting business on the subject matters listed below under the heading, "Special Meeting." SPECIAL MEETING ROLI, CALL STUDY SESSION 1.Discussion regarding the County Board of Supervisors consideration of Measure A funded potential acquisition of the shopping center site located at 10591 N. De Anza Blvd. Cupertino, where Outback Steakhouse was located. Recommended Action: Discussion regarding the County Board of Supervisors consideration of Measure A funded potential acquisition of the shopping center site located at 10591 N. De Anza Blvd. Cupertino, where Outback Steakhouse was located. ADJOURNMENT REGULAR MEETING PLEDGE OF ALLEGIANCE ROLL CALL CEREMONIAL MATTERS AND PRESENT ATIONS 1.$: Certificates of Recognition for the winner and runner-up of the Drafting Cupertino's Future Essay Contest. Recornrnended Action: Present certificates of recognition for the winner and runner-up for the Drafting Cupertino's Future Essay Contest. Page 3 City Council A - Certificates of Recognition Agenda Mardl 16, 2021 POSTPONEMENTS ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the Council 07? any matter zoithin the jurisdiction of the Council and not on the agenda. The total time for Oral Commwications wil7 ordinarily be Limited to one hour. Individual speakers are limited to three (3) minutes. As necessary, the Chair may further 7imit the time auozoed to i;ndividuar speakers, or reschedule remaining comments to the ertd of the meeting 072 a first come first heard basis, with priority givert to students. In most cases, State law zoill prohibit the Council from discussing or making arxy decisions roith respect to a matter not listed o;n the ageryda. A councilmember may, however, briefly resportd to statements made or questions posed by speakers. A counci(member may a(so ask a question for clarfication, provide a referertce for factual information, request staff to report back concern'mg a matter, or request that arx item be added to a future City Couttcil agetida in response to pub7ic comment. REPORTS BY COUNCIL AND STAFF (10 minutes) 2. $: City Manager update on emergency response efforts Recommended Action: Receive City Manager update on emergency response efforts 3. $: Report on Committee assignments CONSENT CALENDAR Unless there are separate discussions andlor actio'ns requested by council, staff or a member of the public, it is requested that items urtder the Consent Ca7ertdar be acted O?? simuttaneous7y. 4.$: Approve the Febrriary 6 City Council minutes Recornrnended Action: Approve the February 6 City Council minutes A - Draft Minrites and Exhibit A additional redlines B - Draft Minutes and Exhibit A clean version C - Draft Exhibit A dean version 5. $: Approve the Mar* 2 City Council minutes Recommended Action: Approve the March 2 City Council minutes A - Draft Minutes 6.l: Set application deadline and interview dates for six terms expiriiig on the Teen Cornrnission. Page 4 City Council Agenda March 16, 2021 Recommended Action: Set application deadline and interview dates for six terms expiring on the Teen Commission and approve: 1.) Applications due in the City Clerk's office by 4:30 p.m. on Friday, May 7; and 2.) Interviews held beginning at 5:30 p.m. on Monday, May 24 and Tuesday, May 25 (as needed) A - Adopted Resolution Governing Teen Commission Recniitment $: Consider Renewal of Friendship City Relationships Recommended Action: Approve renewal of Friendship City relationships with Taichiu'ig and Yilan Staff Report A - Policies and Guidelines on Sister Cities, Friendship Cities, and International Delegations B - Cupertino Friendslup Cities List C - Cupertino-Taichruig Friendslnp City Committee Activity Report D - (upertiiio-Yilan Friendship City Committee Activity Report $: Accept Accounts Payable for the period ending January 11, 2021 Recommended Action: Adopt Resolution No. 21-018 accepting Accounts Payable for the period ending January 11, 2021 A - Draft Resolution B - AP Report l: Accept Accounts Payable for the period ending January 19, 2021 Recommended Action: Adopt Resolution No. 21-019 accepting Accounts Payable for the period ending January 19, 2021 A - Draft Resokition B - AP Report 10. $: Accept Accounts Payable for the period ending January 25, 2021 Recommended Action: Adopt Resolution No. 21-020 accepting Accomts Payable for the period ending January 25, 2021 A - Draft Resolution B - AP Report 11. l: Accept Accounts Paya'ble for the period ending January 31, 2021 Recommended Action: Adopt Resolution No. 21-021 accepting Accounts Payable for the period ending January 31, 2021 A - Draft Resolution B - AP Report 12, l: Approval of a Professional Services Contract between the City of Cupertino and Kimley-Horn and Associates, Inc., for design of the De Anza Boulevard and McClellan Road/Pacifica Drive Intersection Modifications Project. Page 5 City Council Agenda March 16, 2021 Recommended Action: Authorize the City Manager to execute a Professional Services Contract between the City of Cupertino and Kirnley-Hom and Associates, Inc., in an amount not-to-exceed $324,410 for design of the De Anza Boulevard and McClellan Road/Pacifica Drive Intersection Modifications Project. A - Draft Contract 13. $: Approval of a Master Agreement between the City of Cupertino and Mesiti-Miller Engineering, Inc. (MME) to provide civil engineering services on various Capital Improvement Projects. Recommended Action: Authorize the City Manager to execute a Master Agreement between the City of Cupertino and MME, Inc., iit the amount not to exceed $300,000 for a term of approximately three years. A - Draft Agreement SECOND READING OF ORDINANCES PUBLIC HEARINGS 14. $: Municipal Code Amendments to adopt glazing and lighting regulations to implement the Fiscal Year 2019/20 City Coiu'icil Work Program items related to Dark Sky and Bird-Safe Design. (Application No. MCA-2019-003and MCA-2019-004; Applicant: City of Cupertino; Location: City-wide) Recommended Action: 'That the City Council conduct the first reading of Ordinance No 21-2225 "An Ordinance of the City Council of the City of Cupertino Amending City Code to add 19.102: Glass and Lighting Standards and to Amend Chapter 19.40 Residential Hillside (RHS) Zones, Chapter 19.60General Commercial (GC) Zones, Chapter 19.72 Light Industrial (ML) and Industrial Park (MP) Zones, and Chapter 19.l24Parking Regulations to Implement Bird-safe and Dark Sky Policies." (Attachment A) which includes a finding that the proposed actions are exempt from CEQA. As an alternative to conducting the first reading, the City Council could conduct the second reading of Ordinance No. 20-2219, the Bird-safe only regulations, to implement previously introduced regulations (Attadunent B), which includes a finding that the proposed actions are exempt from CEQA. Subsequently, the Council could conduct the first reading of the Dark Sky regulations, to incorporate dark sky regulations into the Bird-safe only Ordinance (Attachment C), whiai also includes a finding that the proposed actions are exempt from CEQA, Page 6 City Council Agenda March 16, 2021 Staff Reoort A - Bird-Safe and- Dark-Sky Ordinance B - Ordinance No. 20-2210 (Bird-Safe Onlv Ordinance) C - First Reading of Dark Sky regs incorporated into Bird Safe regs D - Bird-Sensitive Areas Map E - Glass Treatments F - Letter from (upertino Cliamber of Commerce ORDINANCES AND ACTION ITEMS 15, $: Consider adopting a resolution affirming the City's commitment to stand in solidarity with the Asian and Pacific Islander community Recommended Action: Adopt Resolution No. 21-022 affirming the City's commitment to stand in solidarity with the Asian and Pacific Islander community A - Draft Resolution 16. l: 2020 General Plan Annual Report, including the General Plaii Annual Housing Element Progress Report. Recornrnended Action: That the City Coincil receive the General Plan Annual Review Report, including the General Plan Annual Housing Element Progress Report (Attachments A and B) and provide any input to staff. Staff Reoort A - General Plan Annual Report B - General Plan Annual Housing Element Progress Report ORAL COMMUNICATIONS - CONTINUED (As necessary) COUNCIL AND ST AFF COMMENTS AND FUTURE AGENDA ITEMS ADJOURNMENT The Cih) of Cupertino has adopted the provisiorts of Code of Civil Procedure §1094.6; litigation challenging a final decision of the City Courtcil must be brought rnithirt 90 days after a decision is artrtounced unless a shorter time is required by State or Federal Law. Prior to seeking judicia7 review of any adjudicatory (quasi-judicial) decisiort, interested persons must file a petition for reconsideration within terx calendar days of the date the City Clerk mails notice of the City's decisiort. Reconsideration petitions must comply with the requirements of Cupert'mo Municipa[ Code §2.08.096. Contact the Cih) Clerk's office. for more information or go to htfp://www.cupertino.org/cih)clerk for a reconsiderahon petitiort form. In compliance with the Americans with Disabilities Act (ADA), anyone who is p7a;tming to attend this telecortference meeting who is visually or hearing impaired or has any disability that rteeds special assistartce should cau the City Clerk's Office at 408-777-3223, at least 48 hours irt advance of the Page 7 City Council Agenda March 16, 2021 meeting to arrange for assistartce. by addition, upon request, in advance, by a person with a disab'dity, meeting agertdas and writings distributed for the meeting that are public records will be made avai7able in the appropriate alternative format. Any writings or documents provided to a majority of the Cupertino City Council after publicatiorx of the packet roill be made ava'dable for public inspection in the Cih) Clerk's Office Located at City Hall 10300 Torre Avettue, during norma7 business hours and in Courtcil packet archives linked from the agenda/miamttes page 072 the Cupertino web site. IMPORTANT NOTICE: P4ease be advised that pursuant to Cupertino Municipal Code 2.08.100 written communications sent to the Cupertino City Council Commissioners or City staff concerning a matter 072 the agenda are included as supplemental material to the agendized item. These written communications are accessible to the public through the City's zoebsite and kept in packet archives. You are hereby admonished not to irtclude any personal or private i4ormation'm zoritten comrmmications to the Cih) that you do not wish to make public; doing so shall constitute a waiver of any privacy rights you may have on the information provided to the City. Page 8 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- 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 C!ty 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 DarcyPaul DPaul@cupertino.org (408)777-3195 Liang Chao LiangChao@cupertino.org (408) 777-3192 Kitty Moore Kmoore@cupertino.org (408) 777-1398 HungWei HWei@cupertino.org (408)777-3139 Jon Robert Willey JWilley@cupertino.org (408) 777-3193 Executive ASSiStant AshleyS@cupertino.org (408) 777-8204 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. tf j/all 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 i EMAIL Sign up for e-notification of agendas, elections, and other news on the city website at www.cupertino.org/notify TJ:LEVISION 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) ID:OOa.m. Thursday (replay) 7:00p.m. Saturday (rep'lay) 9:00a.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. ' IOlllllllllljlllllljllljlljll julalffljllllllj H I jl II 11jlll I 11111 Illlll.l.ill Ill Ill 01111 II Ill I.lll.lllN lll I I 11101 110 I 1.11111 I.lll.j.lul 1111 I 101111 nnmun n n n i nun un i ii a ii i i ai i a i * a a i i aaiii*asi i i si** 1% 101101 USEFULTELEPHONENUMBERS 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) SantaClaraCountySheriff (408)868-6600 Public Health Santa Clara County Public Health (408) 732-3720 SanitarySewers CupertinoSanitaryDistrict (408) 253-7071 Water SanJoseWater (408)279-7900 CaliforniaWater (650)917-0152 CUPERTINO This will be TELECONFERENCE / PUBLIC PARTICIPA SPREAD OF COVID-19 In accordance with Governor Newsom's Executive Order No-29-20, this will be a teleconference meeting without a physical location to help stop the spread of COVID-19. comment on an item on the agenda may do so in theMembers of the public wishing to following ways: 1) E-mail comments for the closed session Council at citycouncil@cupertino.org. These Councilmembers by the City Clerk's office website after the meeting. by 4:30 p.m. on Tuesday, February 23 to the e-mail comments will also be forwarded to before the meeting and posted to the City's 2) E-tt,ail comments for the closed session during the time for public comment before the meeting to the City Clerk at cityclerk@cupertino.org. The City Clerk will read the emails into the record, and display any attachments on the screen, for up to 3 minutes (subject to the Mayor's discretion to shorten time for public comments). Members of the public that wish to share a document must email cityclerk@cupertino.org prior to speaking. 3) Teleconferencing Instructions Members of the public may provide oral public comments in open session prior to the closed session teleconference meeting as follows: To address the City Council, click on the link below and access the meeting: Online Please click the link below to join the meeting: https://cityofcupertino.zoom.us/j/97852047339 Page I City Council Agenda February 23, 2021 Phon6 Dial 669-900-6833 and enter Meeting ID: 978 5204 7339 (Type *9 to raise hand to speak) 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 browsed: Chrome 30+, Firefox 27+, Microsoft Edge 12+, Safari 7+. Certain functionality may be disabled in older browsers, including Internet Explorer. 2. If you wish to make an oral public comment but do not wish to provide your name, you may say IICupertino Resident" or similar designation. 3. When the Mayor calls for the item on which you wish to speak, click on "raise hand." 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. In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend this teleconference City Council 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 6 hours in advance of the Council meeting to arrange for assistance. In addition, upon request, in advance, by a person with a disability, City Council meeting agendas and writings distributed for the meeting that are public records will be made available in the appropriate alternative format. NOTICE AND CAtL 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, February 23, 2021, commencing at 6:00p.m. In accordance with Governor Newsom's Executive Order No-29-20, this will be a teleconference meeting without a physical location. 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 CAtt CLOSED SESSION Page 2 City Council Agenda Febtuary 23, 2021 1.$: Conference with Legal Counsel - Existing Litigation. Pursuant to Government Code Section 54956.9(d)(1), conference with Legal Counsel regarding existing litigation: a. Huang Family v. City of Cupertino, Santa Clara Cor'u"ity Superior Court Case No. 19CV347316. b. Carla Dearmitt v. City of Cupertino, Santa Clara County Superior Court Case No.: 20CV367431 c. City of Arcata et al. v. Pacific Gas & Electric Co., San Francisco County Superior Court Case No. CGC-20-585483 d. Peter Plotzker v. City of Cupertino, Santa Clara County Superior Court Case No.: 19CV354371 2. $: Conference with Legal Counsel - Anticipated Litigation. Initiation of litigation pursuant to Government Code Section 54956.9(d)(4) (two potential cases) ADJOURNMENT Tlie City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6; Litigation cha71enging a final decision of the City Council must be brought within 90 days after a decision is anriounced vmless a shorter time is required by State or Federa7 Law. Prior to seekiyig judicial reviero of any adjudicatory (quasi-judicia7) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City CLerk ma'ds ;notice of the City's decision. Recorisideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City C(erk's office for more informatioyi or go to http://wwzo.cupertino.org/cityclerk for a reconsideration petition form. by compliance with the Americans with Disabi(ities Act (ADA), anyone who is planning to attend this te7econference meeting who is visually or hearing impaired or has a'ny disability that needs special assistance shotdd ca77 tlie City C7erk's Office at 408-777-3223, at Least 6 hours in advance of the meeting to arrange for assistance. Irt addition, upon request, in advance, by a person with a disability, meetirig agendas and writings distributed for the meet'mg that are public records wil7 be made available iyi the appropriate alternative format. Any writings or documents provided to a majority of the Cupertino City Council after publication o7 the packet wil7 be made availab(e for public inspection iri the City Clerk's Office Located at City Hall, 10300 Torre Avemte, during norma7 business hours and in Council packet archives l'mked from the agenda/minutes page 072 the Cupertino web site. IMPORTANT NOTICE: P4ease be advised that pursua;nt to Cupertino Municipal Code 2.08.100 written commuyiications sent to the Cupertino City Council Commissioners or City staff concerning a matter on the agenda are 'trtchtded as supplemental materia7 to the agendized item. These written Page 3 City Council Agenda February 23, 2021 comm;imications are accessible to the pub(ic through tlie City's website and kept in packet archives. You are hereby admonished ;not to include any personal or private information in writtert comrmmications to the City that you do not wish to make public; doing so shall constitute a waiver of a;ny privacy rights you may have 07? the information provided to the City. l Page 4 CITY OF CUPERTINO STATEOFCALIFORNIA ii Jss. EMPLOYEp,QF a'QigJ:'ITY OF CUPERTINO MENT, STATE TjN[) ER PE T 'ffli TELECONFERENCE MEETING WITHOUT A PHYSICAL LOCATION For more information: (408) 777-3200 I www.cupertino.org CONDUCT OF BUSINESS The (nayor is the presidin(,/officei of 'the' CitQE6uHciN ;Q9. ri'iJer of *,';'the, public may speak on any item on the agenda for up t.o.three ,mianyte-.;aF'rffents: arid 'qiyestions must be,)dd;e-.i:;ed % theY City Council hearings serve as ayenue for the discussion of some{times divergent points of view. Please respect the opinions of others and refrain from ch,eering 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 teleconference 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 yourseff is volunfar9 and not required to attend the meeting or provide comments. - ' ' "" II I #0# #l - - ==- - = =- = - - = = -= --- = - - - -- == - - === = - - = ==- - - = - =- = = = -l #l I I * ana A - = a * s 0 0 01 ii - -- ---a* 01 a == - - - - - - -- I FLOWCHART FOR HEARING ITEMS: Maaygoernnokaro:dteumces t vCiosiutsncorlmoeumtsbi:erscormepmou'nicaangonssle. l mrecommenalOn ,__l qCuoeusntcoilnmsembersaskclarifying + / Applicant or / Councilmembers ask questions. / Appellant makes / For appeals of approvals, the / presentation / i applicantmayrespondto / (up to 10 mins.) / l appellants presentation. + Mayorinvitesmembersof +--l Speakers submit a Request to the public to speak about l Speak card, and are allowed up to the agenda item i 3 minutes per individual. Council i members may ask questions of l speakers.+ Mayor Invites applicant/appellant to repond to public + (Mayohrecalorlsnegs the ) + Council holds initial discussions and/or a Councilmember makes a ci, counci, motion and obtains a second. votes on the _ agendaitem The City Council then discusses anddeliberates on the motion(s) and votes. J PUBLICHEARINGS i 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 ofeach 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 AV AILABLE 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.http://www.cupertino.orz/index.as for a reconsideration petition form. CUPERTINO CITY OF CUPERTINO AGENDA CITY COUNCIL This will be a teleconference meeting without a physical location. Tuesday, February 16, 2021 5:30 PM Televised Special Meeting Study Session (5:30) and Regular City Council Meeting (6:45) TELECONFERENCE / PUBLIC PARTICIPATION INFORMATION TO HELP STOP THE SPREAD OF COVID-19 In accordance with Governor Newsom's Executive Order No-29-20, this will be a teleconference meeting without a physical location to help stop the spread of COVID-19. Members of the public wishing to observe the meeting may do so in one of the following ways: 1) Tune to Comcast Channel 26 and AT&T U-Verse Channel 99 on your TV. 2) 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 comment on an item on the agenda may do so in the following ways: 1) E-mail comments by 4:30p.m. on Tuesday, February 16to 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. 2) E-mail comments during the times for public comment during the meeting to the City Clerk at cityclerk@cupertino.org. The City Clerk will read the emails into the record, and display any attachments on the screen, for up to 3minutes (subject to the Mayor's discretion to shorten time for public comments). Members of the public that wish to share a document must email cityclerk@cupertino.org prior to speaking. 3) Teleconferencing Instructions Members of the public may provide oral public comments during the teleconference meeting as follows: Page I City Council Agenda February 16, 2021 Oral public comments will be accepted during the teleconference meeting. Comments may be made during "oral communications" for matters not on the agenda, and during the public comment period for each agenda item. 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/WNOyIgaibLRx-sQ9gtnATMOw Phone Dial: 669-900-6833 and enter Webinar ID: 952 2014 8783 (Type *9 to raise hand to speak). 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) Meeting ID: 952 2014 8783 SIP: 95220148783@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." 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. In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to Page 2 City Council Agenda February 16, 2021 attend this teleconference City Council 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 Council meeting to arrange for assistance. In addition, upon request, in advance, by a person with a disability, City Council meeting agendas and writings distributed for the meeting that are public records will be made available in the appropriate alternative format. 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, February 16, 2021, commencing at 5:30p.m. In accordance with Governor Newsom's Executive Order No-29-20, this will be a teleconference meeting without a physical location. 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 STUDY SESSION 1.Study Session to compare standards for mixed-use developments aiid high density residential guidelines with other cities. Recommended Action: Receive presentation and provide any input to Staff Staff Re'oort A - Setbacks & Heights B - Groind Level Design C - FAR & Residential Density D - Open Space ADJOURNMENT REGULAR MEETING P[EDGE OF AttEGIANCE ROLL CALL CEREMONIAL MATTERS AND PRESENT ATIONS 1.$: Certificates of Appreciation to the Cupertino Citizen Corps for their response and support of the COVID-19 Test Sites Recommended Action: Present Certificates of Appreciation to the Cupertino Citizen Corps for their response and support of the COVID-19 Test Sites A - Certificates of Recognition Page 3 City Council Agenda February 16, 2021 POSTPONEMENTS ORAL COMMUNICATIONS This portion of the meeting is reserved for persorys wishing to address the Council on any matter within the jurisdiction of the Courtcil and rtot on the agertda. The total time for Ora7 Comm'tmicatiorts will ordinarily be Limited to o;ne hour. Individual speakers are limited to three (3) minutes. As necessary, the Chair may further limit the time allowed to individual speakers, or reschedule remaining comments to the end of the meeting on a first come first heard basis, with priority given to students. In most cases, State law w'dl prohibit the Courxcil from discuss'mg or making any decisions voith respect to a matter not listed on the agenda. REPORTS BY COUNCIL AND STAFF (10 minutes) 2. l: City Manager update on emergency response efforts Recornrnended Action: Receive City Manager update on emergency response efforts 3. $: Report on Committee assignments Recommended Action: Report on Committee assignments 4. $: Cupertino Union School District (CUSD) collaboration discussion update Recommended Action: Receive Cupertino Union School District (CUSD) collaboration discussion update 5. CONSENT CALENDAR Urdess there are separate discussions and/or actions requested by courtcil, staff or a member of the pub7ic, it is requested that items under the Consent Calertdar be acted on simtdtaneously. 6.$: Approve the January 25 City Council minutes Recornrnended Action: Approve the January 25 City Council minutes A - Draft Minutes 7.$: Approve the January 26 City Council minutes Recommended Action: Approve the Januar5r 26 City Council minutes A - Draft Minutes 8. : Approve the February 2 City Council minutes Page 4 City Council Agenda Fetruary 16, 2021 Recommended Action: Approve the February 2 City Council minutes A - Draft Minutes 9.l: Accept Acco'cuits Payable for the period ending December 07, 2020 Recommended Action: Adopt Resolution No. 21-012 accepting Accoiuits Payable for the period ending December 07, 2020 A - Draft Resolution B - AP Report 10. $: Accept Accounts Payable for the period ending December 14, 2020 Recommended Action: Adopt Resolution No. 21-013 accepting Accoiu"its Payable for the period ending December 14, 2020 A - Draft Resolution B - AP Report 11. $: Accept Accounts Payable for the period ending December 23, 2020 Recommended Action: Adopt Resolution No. 21-014 accepting Accounts Payable for the period ending December 23, 2020 A - Draft Resolution B - AP Report 12. $: Treasurer's Investment Report for period ending December 31, 2020 Recommended Action: Accept staff report and provide recommendations. Staff Report A - Treasurer's Report 12-31-2020 B - Wells Fargo Cristodial Statement 12-31-2020 C - Wells Fargo Operating Statement 12-31-2020 D - Wells Fargo Workers Compensation Statement 12-31-2020 E - LAIF Statement 12-31-2020 13. $: Planning Commission's recornrnendation to select R 'Ray' Wang as the Environmental Review Committee representative Recommended Action: Accept the Planning Commission's recommendation to the Environmental Review Committee Staff Reoort SECOND READING OF ORDINANCES 14. $: Consider and act on Ordinance No. 21-2220 adopting Municipal Code Amendments to update existing Mobile Vending regulations, including conforming edits to Titles 5 and 13 in the Municipal Code, for new regulations of Sidewalk Vending in compliance with SB 946. Application No(s).: MCA-2020-004; Applicant(s): City of Cupertino; Location: citywide. Page 5 City Council Agenda February 16, 2021 Recommended Action: Conduct the second readiiig and enact Ordinance No. 21-2220: "An Ordinance of the City Council of the City of Cupertino amending Chapter 5.04, Busiiiess Licenses Generally, Chapter 5.20, Solicitors, Chapter 5.48, Mobile Vendors, and Chapter 13.04, Parks" to: A. Find that the proposed actions are exempt from CEQA; B. Adopt regulations to allow sidewalk vending in compliance with SB 946; aiid C. Find that the restrictions and requirements contained in the regulations are directly related to objective health, safety, and/or public weLfare concerns Staff Report A - Draft Ordinance No. 21-2200 15. : Consider and act on Ordinance No. 21-2222: "An Ordinance of the City Council of the City of Cupertino Adding Chapter 2.100 ("Regulation of Lobbying Activities") to Title 2 ("Administration and Personnel") of the Cupertino Municipal Code" Recommended Action: Conduct the second reading and enact Ordinaiice No. 21-2222: An Ordinance of the City Council of the City of Cupertino Adding Chapter 2.100 Regulation of Lobbying Activities") to Title 2 ("Administration and Personnel") of the Cupertino Municipal Code," whidi includes a finding that adoption of the ordinance is exempt from the California Environmental Quality Act. A - Draft Ordinance Regulating Lobbying Activity B - Draft Ordinance Regulating Lobbying Activity - Redline PUBLIC HEARINGS 16. $: Consider and act on the proposed modification to an existing Use Permit (U-2004-01) to amend the conditions of approval to anow 100% non-retail commercial uses where only 50% are anowed. Application No(s).: M-2020-02; Applicant(s): Catherine Chen; Location: 20130 Stevens Creek Blvd. APN#: 369-56-001 Recommended Action: That, consistent with the Planning Commission recommendation, the City Council adopt Resolution No. 21-015 approving a Use Permit Modification to an existing Use Permit (project M-2020-002) Staff Reoort A - Draft Resolutron recoinrnendutg approval of the Use Perit Modification (M-2020-002) B - City Coincil Action Letter for U-2004-01, dated Mardi 3, 2005. C - City Cottncil Action Letter for M-2009-07, dated October 12, 2009. D - Plang Commission Resolution No. 6916 E - Letter by Richard Abdallah, Esq. of Abdallah Law Offices dated October 20, 2020 F - Letter by Sean O'Carroll, Senior Managing Director, Newmark Knight Frank, dated November 2, 2020 G - Floor and Site Plan H - Public Comments Page 6 City Council Agenda Febtuary 16, 2021 17. $: Consideration of a Municipal Code Ainendment as part of tlie transition from Level of Service (LOS) to Vehicle Miles Traveled (VMT), for a determining traiisportation impacts under the California Environmental Quality Act (CEQA) as required by Sei'iate Bill (SB) 743. Recommended Action: That the City Council conduct the first reading of Ordinance No. 21-2223 "An Ordinance of the City Council of the City of Cupertino Adding Title 17 aiid Chapter 17.08 to the Cupertiiio Municipal Code, Replaciiig Level of Service (LOS) with Vehicle Miles Traveled (VMT) For Use in Traiisportation Analysis Pursuant to the Califoinia Environmental Quality Act (CEQA)" (Attachment A), as recommended by the Plaiming Commission on January 26, 2021 to: 1. Find the proposed actions exempt from CEQA; 2. Add to the Cupertino Municipal Code Title 17 (Environmental Regulations) aiid Chapter 17.08 (Vehicle Miles Traveled Staiidards), which establishes screening criteria, a 14.4% VMT reduction threshold, and screening criteria for local-serving retail, 100% affordable housing projects, and projects located within one-quarter mile of a High-Quality Transit Corridor, for purposes of CEQA analysis. Staff Report A - Draft Ordinance B - White Paper - Implementation Decisions for Cupertino C - Summary of Neighboring Comrminity Decisions 18. l: Consider Resolution No. 21-016 approving correction to Building Fee Schedule D - Standard Commercial Foundation with Podiurn Recommended Action: Adopt Resolution No. 21-016 approving correction to Building Fee Schedule D - Standard Commercial Foundation with Podium Staff Report A - Draft Resolution B - Matrix Consulting Group Fee Study March 2016 C - FY2020-21 Fee Schedrile D - Building Fees (redline) D - FY2020-21 Fee Schedule D - Building Fees (clean) E - CC Resolution No. 16-031 Rescinding Previous Fee Resolutions and Adopting User Fees F - Matrix Consulting Grorip Memo 1-14-2021 ORDINANCES AND ACTION ITEMS ORAL COMMUNICATIONS - CONTINUED (As necessary) COUNCIL AND ST AFF COMMENTS AND FUTURE AGENDA ITEMS ADJOURNMENT The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6; 7itigatiort challenging a fmal decision of the City Council must be brought roithin 90 days after a decision is armounced urdess a shorter time is required by State or Federal law. Page 7 City Council Agenda February 16, 2021 Prior to seeking')udicia7 review of any adjudicatory (quasi-judiciar) decision, 'mterested persons must file a petition for recortsideratiort withirt tert calertdar 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 tlie Cih) Clerk's office for more information or go to http://www.cupertirto.org/cih)cler7c for a reconsiderahon petition form. In compliance with the Americans with Disabilities Act (ADA), anyone who is p(anning to attertd this teleconference meeting who is visually or hearing impaired or has any disability that rteeds special assistance sho'tdd call the City Clerk's Office at 408-777-3223, at Least 48 hours'm advance of the meeting to arrange for assistance. h addition, upon request, in advance, by a person with a disabi(ity, meeting agendas and voritings distributed for the meeting that are public records will be made availaMe 'm the appropriate alternative format. Any writings or documents provided to a majority of the Cupertirto City Counci7 after publication oj the packet wil7 be made available for public inspectiort in the Cih) CLerk's Office Located at City Hail, 10300 Torre Avenue, during normal business hours and in Counci7 packet archives Linked from the agenda/m'mutes page on the Cupertino web site. IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipal Code 2.08.100 written communications sent to the Cupertino City Courtcil Commissioners or City staff concerning a matter on the agenda are 'mc7uded as supplemental material to the agendized item. These writtert commurtications are accessible to the public through the City's website arid kept in packet archives. You are hereby admonished not to include any persortal or private information'm writtert communications to the City that you do not wish to make public; doing so shall constitute a zoaiver of arty privacy rights you may have 07? the information provided to the City. Page 8 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, 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 - SCCTransportationAuthoritym - 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. e 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 I 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 DarcyPaul DPaul@cupertino.org (408)777-3195 Liang Chao LiangChao@cupertino.org (408) 777-3192 Kitty Moore Kmoore@cupertino.org (408) 777-1398 HungWei HWei@cupertino.org (408)777-3139 Jon Robert Willey JWilley@cupertino.org (408) 777-3193 Executive Assistant AshleyS@cupertino.org (408) 777-8204 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 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 serviceannouncements,andotherprogramsofcommunityinterest,onChannel26inCupertino. Themeetings 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 also be found at: https://www.facebook.com/cityofcupertino/ https://twitter.com/CityofCupertino https://www.instagram.com/cityofcupertino AUDIO I Tune into Radio Cupertino, 1670 AM, for meeting announcements, public service messages, and emergency announcements. USEFULTELEPHONENUMBERS ' 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) 732-3720 SanitarySewers CupertinoSanitaryDistrict (408)253-7071 Water SanJoseWater (408)279-7900 CaliforniaWater (650)917-0152 i CUPERTINO This will be a teleconferencp mpp.tin Tuesday, Fe 6:00 B) POSTED Non-televised Special TELECONFERENCE / PUBLIC PARTICIPA SPREAD OF COVID-19 In accordance with Governor Newsom's Executive Order No-29-20, this will be a teleconference meeting without a physical location to help stop the spread of COVID-19. Members of the public wishing to comment on an item on the agenda may do so in the following ways: 1) E-mail comments for the closed session by 4:30 p.m. on Tuesday, February 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. 2) E-mail comments for the closed session during the time for public comment before the meeting to the City Clerk at cityclerk@cupertino.org. The City Clerk will read the emails into the record, and display any attachments on the screen, for up to 3 minutes (subject to the Mayor's discretion to shorten time for public comments). Members of the public that wish to share a document must email cityclerk@cupertino.org prior to speaking. 3) Teleconferencing Instructions Members of the public may provide oral public comments in open session prior to the closed session teleconference meeting as follows: To address the City Council, click on the link below and access the meeting: Online Please click the link below to join the meeting: https://cityofcupertino.zoom.us/j/98951411146 Page I City Council Agenda Fetruary 9, 2021 Phope Dial 669-900-6833 and enter Meeting ID: 989 5141 1146 (Type *9 to raise hand to speak) Please read t-he following instructions carefffilly: 1. You can directly download the teleconference software or connect to the meeting in your internet browser. If you aie using'your br6wser, 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. If you wish to make an oral public comment but do not wish to provide your name, you may say "Cupertino Resident".qr s8m.il@rdesignation. 3. When the Mayor calls for the item on which you wish to speak, click on "raise hand." 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. In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend this teleconference City Council 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 6 hours in advance of the Council meeting to arrange for assistance. In addition, upon request, in advance, by a person with a disability, City Council meeting agendas and writings distributed for the meeting that are public records will be made available in the appropriate alternative format. 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, February 09, 2021, commencing at 6:00p.m. In accordance with Governor Newsom's Executive Order No-29-20, this will be a teleconference meeting without a physical location. 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 CLOSED SESSION 1. $: Public Employee Structural Performance Evaluation (Gov't Code Section 54957(b)). Title: City Attorney Page 2 City Council Agenda Febnuary 9, 2021 ADJOURNMENT The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6; Litigation challengiyig a fiyqa7 decisio;n of the City Courtcil must be brought withiyi 90 days after a decisioyi is amouyiced uyiless a sliorter time is required by State or FederaL law. Prior to seek'mg judicictL review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideratiori within ten calendar days of the date the City Clerk mails notice of the City's decision. Reconsideration petitions must comply roith the requirements of Cupertino Municipar Code §2.08.096. Contact the City Clerk's office for more information or go to http:/lwwzo.cupertino.org/cityclerk for a reconsideration petition form. Irx compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend this teleconference meeting zoho 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 6 hours in advayice of the meetiyig to arrange for assistayice. In addition, upoyi request, in advance, by a persoyi 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 w'dl be made avai(able for public inspection in the City Clerk's Office Located at City Hall, 10300 Torre Avemte, during norma7 business hours a'nd in Council packet archives Linked from the agenda/minutes page on the Cupertino web site. IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipa7 Code 2.08.100 writte;n communications sent to the Cupertino City Council Commissioners or City staff concerning a matter on the agenda are included as supp7ementa7 material to the ageridized item. These written communicatio;ns are accessible to the public through the City's website and kept in packet archives. You are hereby admonished not to include any personal or private information in written commtmications to the City that you do not wish to make pub(ic; doing so sham( constitute a waiver of any privacy rights you may have 072 the iriformation provided to the City. Page 3 CITY OF CUPERTINO STATE OF CALIFORNIA COU F SANTA CLARA I, .AN MENT, S's"ATE UNDER PENALTY OF P(TEIRMJEUiRY TaON( ,(DAarEI) PEE4SOIN1ALLY TELECONFERENCE MEETING WITHOUT A PHYSICAL LOCATION For more information: (408) 777-3200 www.cupertino.org .1 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. Th,at 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 ;he teleconference 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 I:irovide comments. FLOWCHART FOR HEARING ITEMS: Maaygoern7olaro:dteumces ffi vCiosiutsncor'moeumtsb::erscormepmou'nicaanty:onssl.a i mrecOmmendahon H Cquoeusntcoilnmsembersaskclarifyingi / Applicant or / Councilmembers ask questions. / Appellant makes / 4__1 For appeals of approvals, the' / presentation / applicantmayrespondto / (up to 10 mins.) / I appellants presentation. l Mayorinvitesmembersof 4-'1 Speakers submit a Request to ' the public to speak about l Speak card, and are allowed' up to the agenda item l 3 minutes per individual. Council l members may ask questions of l speakers.l Mayor Invites applicant/appellant to repond to public l (Mayohrecalorlsnegs the ) + Council holds initial discussions and/or a Councilmember makes a -' motion and obtains a second. The City Council then discusses and deliberates on the motion(s) 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 AV AILABLE ON THE WEB Agendas, minutes, and packets for current and prior City Council and Planning Commission me:etings are available at www.cupertino.org, or you can purchase the items on CD. CITI 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.http://www.cupertino.org/index.as for a reconsideration petition form. CITY OF CUPERTINO AGENDA CUPERT!NO CITY COUNCIL This will be a teleconference meeting without a physical location. Tuesday, February 2, 2021 6:45 PM TELECONFERENCE / PUBLIC PARTICIPATION INFORMATION TO HELP STOP THE SPREAD OF COVID-19 In accordance with Governor Newsom's Executive Order No-29-20, this will be a teleconference meeting without a physical location to help stop the spread of COVID-19. Members of the public wishing to observe the meeting may do so in one of the following ways: 1) Tune to Comcast Channel 26 and AT&T U-Verse Channel 99 on your TV. 2) 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 comment on an item on the agenda may do so in the following ways: 1) E-mail comments by 5:00p.m. on Tuesday, February 2to 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. 2) E-mail comments during the times for public comment during the meeting to the City Clerk at cityclerk@cupertino.org. The City Clerk will read the emails into the record, and display any attachments on the screen, for up to 3 minutes (subject to the Mayor's discretion to shorten time for public comments). Members of the public that wish to share a document must email cityclerk@cupertino.org prior to speaking. 3) Teleconferencing Instnuctions Members of the public may provide oral public comments during the teleconference meeting as follows: Oral public comments will be accepted during the teleconference meeting. Comments may be made during "oral communications" for matters not on the agenda, and during the Page I CityCouncil Agenda public comment period for each agenda item. February 2, 2021 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/WNbimvL2HPQ52RfIaoTK24oA Phone <, Dial: 669-900-6833 and enter Webinar ID: 942 7346 2156 (Type *9 to raise hand to speak). 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) Meeting ID: 942 7346 2156 SIP: 94273462156@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. 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. In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend this teleconference City Council meeting who is visually or hearing impaired or has any disability that needs special assistance should call the City Clerk's Office at Page 2 City Council Agenda February 2, 2021 408-777-3223, at least 48 hours in advance of the Council meeting to arrange for assistance. In addition, upon request, in advance, by a person with a disability, City Coun,cil meeting agendas and writings distributed for the meeting that are public records will be made available in the appropriate alternative format. P[EDGE OF ALLEGIANCE ROIL CALL CEREMONIAL MATTERS AND PRESENT ATIONS 1.$: Recognition of Fine Arts Commission Artists Award winners Recommended Action: Present awards to Fine Arts Commission Artist Award winners POSTPONEMENTS ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the Cowci7 on any matter zoithin the jurisdiction of the Counci7 and not 072 the agenda. The total time for Oral Communications wil7 ordirtarily be Limited to one hour. Irtdividual speakers are Limited to three (3) minutes. As necessary, the Chair may further Limit the time al7owed to individual speakers, or reschedule remaining comments to the end of the meeting on a first come first heard basis, zoith priority given to students. Ivy most cases, State law zoill prohibit the Council from discussing or makirtg any decisions with respect to a matter not Listed O?2 the agenda. REPORTS BY COUNCIL AND STAFF (10 minutes) 2. , $: City Manager update on emergency response efforts Recommended Action: Receive City Manager update on emergency response efforts 3. $: Report on Committee assignments Recornrnended Action: Report on Cornrnittee assignments CONSENT CAtENDAR Urtless there are separate discussions and/or actions requested by courxcil, staff or a member of the public, it is requested that items under the Consent Calendar be acted orx simultaneously. 4. : Approve the January 19 City Council minutes Recornrnended Action: Approve the January 19 City Council minutes A - Draft Minrites Page 3 CityCouncil Agenda February2,2021 5. $: Award of a construction contract for the Bubb Road Separated Bikeway Improvements Project (Project 2020-06) for the construction of the separation of bike lanes on Bubb Road, between McCldlan Road and Stevens Creek Boulevard. Recommended Action: Award a construction contract for Bubb Road for a Separated Bikeway Improvement Project, authorize the City Manager to execute a contract in the amount of $663,247.50 with Granite Rock Company, and authorize the Director of Public Works to execute any necessary change orders, up to the construction contingency amount of $66,325.00, for a total authorized contract amount of $729,572.50 Staff Reoort A - Draft Contract B - Shuttle Stop Detail 6.$: Accept Accounts Payable for the period ending October 12, 2020 Recommended Action: Adopt Resolution No. 21-003 accepting Accounts Payable for the period ending October 12, 2020 A - Draft Resolution B - AP Report 7.$: Accept Accounts Payable for the period ending October 19, 2020 Recommended Action: Adopt Resolution No. 21-004 accepting Accounts Payable for the period ending October 19, 2020 A - Draft Resolution B - AP Report 8.$: Accept Accounts Payable for the period ending October 26, 2020 Recommended Action: Adopt Resolution No. 21-005 accepting Accotu"its Payable for the period ending October 26, 2020 A - Draft Resolution B - AP Report 9.$: Accept Accounts Payable for the period ending October 30, 2020 Recommended Action: Adopt Resolution No. 21-006 accepting Accounts Payable for the period ending October 30, 2020 A - Draft Resolution B - AP Report 10. $: Accept Accounts Payable for the periqd ending November 09, 2020 Recommended Action: Adopt Resolution No. 21-007 accepting Accounts Payable for the period ending November 09, 2020 A - Draft Resolution B - AP Report 11. $: Accept Accounts Payable for the period ending November 16, 2020 Page 4 City Council .Agenda February 2, 2021 Recommended Action: Adopt Resolution No. 21-008 acceptiitg Accounts Payable for tlie period endiiig November 16, 2020 A - Draft Resolution B - AP Report 12. $: Accept Accounts Payable for the period ending November 23, 2020 Recommended Action: Adopt Resolution No. 21-009 accepting Accounts Payable for the period ending November 23, 2020 A - Draft Resohition B - AP Report 13. $: Accept Accounts Payable for the period ending November 30, 2020 Recommended Action: Adopt Resoltition No. 21-010 accepting Accounts Payable for the period ending November 30, 2020 A - Draft Resolution Payment Register for Council 11.30.2020 SECOND READING OF ORDINANCES 14. $: Second reading of Ordinance No. 21-2220adopting Municipal Code Amendments to update existing Mobile Vending regulations, including conforming edits to Titles 5 and 13 in the Municipal Code, for new regulations of Sidewalk Vending in compliance with SB 946. Application No(s).: MCA-2020-004; Applicant(s): City of Cupertino; Location: citywide. Recommended Action: Conduct the second reading and enact Ordinance No. 21-2220: "An Ordinance of the City Coiu'icil of the City of Cupertino amending Chapter 5.04, Business Licenses Generally, Chapter 5.20, Solicitors, Chapter 5.48, Mobile Vendors, and Chapter 13.04, Parks" to: A. find that the proposed actions are exempt from CEQA; B. Adopt regulations to allow sidewalk vending in compliance with SB 946; and C. Find that the restrictions and requirements contained in the regulations are directly related to objective health, safety, and/or public welfare concerns. A - Draft Ordinance PUBLIC HEARINGS 15. $: Consider modifications to the Procedures for Processing General Plan Amendment Applications to implement the Fiscal Year 2020/21 City Work Program items related to quality of life. Application No(s).: CP-2020-003; Applicant(s): City of Cupertino; Location: citywide Page 5 City Council Agenda Febnuary 2, 2021 Recommended Action: That the City Council: 1) Fiiid that the proposed action is exempt from CEQA; and 2)Adopt Resolution No. 21-011 Amending the Procedures for Processing GeneraI PIan Amendment Applications A - Draft Resolution CP-2020-003 B - Redlines C - Planning Commission Resolution No. 6915 D - Proposed Workflow E - Existing Workflow ORDINANCES AND ACTION ITEMS 16. $: Consider Municipal Code Amendments adding Chapter 2.100 ("Regulation of Lobbying Activities") to Title 2 ("Administration and Personnel") of the Cupertino Municipal Code to create lobbying registration and reporting requirements. Recommended Action: Conduct the first reading of Ordinance No. 21-2222: "An Ordinance of the City Council of the City of Cupertino Adding Chapter 2.100 Regulation of Lobbying Activities") to Title 2 ("Administration and Personnel") of the Cupertino Municipal Code," which includes a finding that adoption of the ordinance is exempt from the California Environmental Quality Act. A - Draft Ordinance B- San Jose Reporting Reqiirements 17. $: Consider adopting the 2021 Legislative Platform Recommended Action: Adopt the proposed 2021 Legislative Platform A- 2021 Proposed Legislative Platform B- 2021 Proposed Legislative Platform - Redline Draft ORAL COMMUNICATIONSa CONTINUED (As necessary) COUNCIL AND STAFF COMMENTS AND FUTURE AGENDA ITEMS ADJOURNMENT The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6; litigation challertging a final decision of the City Courtci7 must be brought within 90 days after a decision is artrtounced urdess a shorter time is required by State or Federal law. Prior to seeking judicial review of any adjudicatory (quasi-judiciaO 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. Reco;nsiderattort petitions must comply with the requiremertts of Cupertino Murzicipal Page 6 City Council Agenda Code §2.08.096. Corttact the Cih) Clerk's office for more http://www.cupertino.org/cityc7erk for a reconsiderahort petitiort form. February 2, 2021 i4ormation or go to In compliance roith the Americans with Disabilities Act (ADA), anyone ZL77?0 is planning to attend this te7econference meeting who is visual(y or hear'mg impaired or has any disab'dity that needs special assistance shouU call the City Clerk's Office at 408-777-3223, at least 48 hours irt advance of the meetirxg to arrange for assistance. by additiort, upon request, in advance, by a person voith a disability, meeting agendas and writings distributed for the meeting that are public records wil7 be made availab7e in the appropriate alternative format. Any writings or documents provide4 to a majority of the Cupertino City Council after publicatiort of the packet will be made availab'Le for pub7ic inspection in the Cih) Clerk's Office located at City Hall 10300 Torre Avenue, during normal busirtess hours and in Counci7 packet archives Linked from the agenda/minutes page orb the Cupertiryo web site. IMPORTANT NOTICE: P4ease be advised that pursuant to Cupertino Municipa7 Code 2.08.100 written commurticatiorts sent to the Cupertirto City Council Commissioners or City staff concernirtg a matter ort the agenda are included as supplemental material to the agendized item. These writtert communications are accessible to the public through the City's website and kept irt packet archives. You are hereby admonished not to irtc(ude any perso;na7 or private informatiory in writtert communications to the City that you do not zoish to make public; doing so shall constitute a waiver of any privacy rights you may have O?2 the information provided to the City. Page 7 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 age 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 reBional 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 - SCCTransportationAuthoritym - 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 omcer, 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. RESOIUTIONS 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. I 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. i 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. II' COMMUNICATINGWITHCOUNCIL ' All Council members: citycouncil@cupertino.org DarcyPaul DPaul@cupertino.org (408)777-3195 Liang Chao LiangChao@cupertino.org (408) 777-3192 Kitty Moore Kmoore@cupertino.org (408) 777-1398 HungWei HWei@cupertino.org (408)777-3139 Jon Robert Willey JWilley@cupertino.org (408) 777-3193 Executive ASsiStant AshleyS@cupertino.org (408) 777-8204 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. 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 "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 a nnouncements. USEFULTELEPHONENUMBERS ' CityofCupertino (CityHall) Generallnformation andComments (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) SantaClaraCountySheriff (408)868-6600 Public Health Santa Clara County Public Health (408) 732-3720 SanitarySewers CupertinoSanitaryDistrict (408)253-7071 Water SanJoseWater (408)279-7900 CaliforniaWater (650)917-0152 CITY OF CUPERTINO STATE OF CALIFORNIA ) .AGF.NDA iSS. 'T'hiswillbeateleconferencemccfiiywithaut !Ty CkITYC"t, ,,LTYnCUPDE'REPTA!NRTo,, SPREAD OF COVID-19 In accordance with Governor Newsom's Executive Order No-29-20, this will be a teleconference meeting without a physical location to help stop the spread of COVID-19. Members of the public wishing to observe the meeting may do so in one of the following ways: 1) Tune to Comcast Channel 26 and AT&T U-Verse.Channel 99 on your TV. 2) 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 comment on an item on the agenda may do so in the following ways: 1) E-mail comments by 4:30p.m. on Tuesday, January 19to the Council at citycouncil@cupertino.org. These e-mail comments will also be fomarded to C6uncilmembers by the City Clerk's office before the meeting and posted to the City's website after the meeting. 2) E-mail comments during the times for public comment during the meeting to the City Clerk at cityclerk@cupertino.org. The City Clerk will read the emails into the record, and display any attachments on the screen, for up to 3minutes (subject to the Mayor's discretion to shorten time for public comments). Members of the public that wish to share a document must email cityclerk@cupertino.org prior to speaking. 3) Teleconferencing Instructions Members of the public may provide oral public comments during the teleconference meeting as follows: Page I City Council Agenda January 19, 2021 Oralpublic comme.nts will be accepted during the teleconference meeting. Comments may pi made during 'loral communications" for matters not on the agenda, and during the 1 public comment period for each agenda item. To address the City Council, click on the link below to register in advance and access the '- meeting: Online =a Register in advance for this webinar: https://cityofcupertino.zoom.us/webinar/register/WNyKTcygvgSLKPbttSGAveA Phone Dial: 669-900-6833 and enter Webinar ID: 910 6192 3803 (Type *9 to raise hand to speak). 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: 910 6192 3803 SIP: 91061923803@zoomcrc.com After registering, you will receive a confirmation email containing information about joining the webinar. Please read the following instructions carefullyo 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." 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 January 19, 2021 In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend this teleconference City Council 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 Council meeting to arrange for assistance. In addition, upon request, in advance, by a person with a disability, City Council meeting agendas and writings distributed for the meeting that are public records will be made available in the appropriate alternative format. 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, January 19, 2021, commencing at 5:30 p.m. In accordance with Governor Newsom's Executive Order No-29-20, this will be a teleconference meeting without a physical location. Said special meeting shall be for the purpose of conducting business on the subject matters listed below under the heading, "Special Meeting." The regular meeting items will be heard at 6:45 p.m. SPECIAL MEETING ROtL CALL - 5:30 PM STUDY SESSION 1.l: Study Session on Lehigh Southwest Cement Company/Permanente Quarry and Stevens Creek Quarry regarding Reclamation Plan Amendment and Use Permit Applications to Cointy of Santa Clara. Recommended Action: Receive the report and provide input to staff. Staff Report ADJOURNMENT REGULAR MEETING PtEDGE OF ALLEGIANCE - 6:45 PM ROLL CALL CEREMONIAL MATTERS AND PRESENT ATIONS 1.$: Certificates of Recognition for Cupertino Science Fair winners who participated in the 2020 Santa Clara County Synopsys Championship Recommended Action: Present Certificates of Reco:tion toCupertino Science Fair winners who participated in the 2020 Santa Clara County Synopsys Championship A - Certificates of Recognition Page 3 City Council Agenda January 19, 2021 2.$: Proclamation to Stanford University in appreciation and acknowledgement of their donation of trees to the City of Cupertino Recommended Action: Present proclamation to Stanford University in appreciation and acknowledgement of their donation of trees to the City of Cupertino A - Prodamation 3. $: Prodamation to the Santa Clara County Library District for their excellent response during COVID-19, providing continuing and invaluable resources to our residents during this time, and for working to keep our community safe and mentally healthy Recommended Action: Present proclamation to the Santa Clara County Library District for their excellent response during COVID-19, providing continuing and invaluable resources to our residents during this time, and for working to keep our community safe and rpentally healthy A - Prodaination 4.$: Proclamation to the Hindu Swayamsevak Sangh organization to support the national campaign, "Health for Humanity - Yogathon" also known as "Surya Namaskar Yajna" (Sun Salutation Yogathon) running from January 16th to January 31st, 2021 Recommended Action: Present proclamation to the Hindu Swayamsevak Sangh organization to support the national campaign, "Health for Humanity - Yogathon" also known as "Surya Namaskar Yajna" (Sun Salutation Yogathon) running from January 16th to January 31st, 2021 A - Prodamation POSTPONEMBNTS 5. $: Amending the Fiscal Year 2020-21 Fee Schedule to establish updated fees for the Comrminity Gardens. This item has been continued to a date uncertain. 6.$: Approving City of Cupertino 2020 Transportation Impact Fee Nexus Study Update, increasing the Transportation Impact Fees, and amending Schedule B of the 2020-21 Fee Schedule to incorporate the increased fees. This item has been continued to March 2. ORAL COMMUNICATIONS This portiort of the meeting is reserved for persons wishing to address the Courtci( on any matter with'm the jurisdictio;n of the Council and not on the agerida. The total time for Ora7 Commvmications wi(7 ordinari7y be 7imited to one hour. Individual speakers are Limited to three (3) minutes. As necessary, the Chair may further Limit the time allowed to individual speakers, or reschedule remaining comments to Page 4 City Council Agenda January 19, 2021 the end of t7ie meet'mg on a first come first heard basis, zoith priority given to students. In most cases, State law roil7 prohibit the Counci7 from discussing or making any decisions with respect to a matter not listed on the agertda. REPORTS BY COUNCIL AND STAFF (10 minutes) 7. l: City Manager update on emergency response efforts Recommended Action: Receive City Manager update on emergency response efforts 8. l: Report on Committee assignments Recommended Action: Report on Committee assignments CONSENT CALENDAR llrdess there are separate discussions andlor actions requested by council, staff or a member of the public, it is requested that items uyider the Cortsent Calendar be acted 071 simultayieously. 9. l: Approve the December 15 City Council minutes Recommended Action: Approve the December 15 City Council minutes A - Draft Minutes 10. l: License agreements with Pacific Coast Farmers Market Association (PCFMA) to operate weekly Friday farmers market in the Creekside Park north parking lot and with West Coast Faymers Market Association (WCFMA) to temporarily operate weekly Sunday farmers market the Senior Center/Memorial Park parking lot. Recommended Action: 1. Authorize the City Manager to negotiate and exeaite a license agreement with Pacific Coast Farmers Market Association (PCFMA) to use the Creekside Park north parking lot for a weekly Friday farmers market; and 2. Authorize the City Manager to negotiate and execute a license agreement with West Coast Farmers Market Association (WCFMA) to temporarily use the Senior Center/Memorial Park parking lot for a weekly Sunday farmers market. A - Draft License Agreement with PCFMA B - Draft License Agreemnt with WCFMA 11. $: Increase the construction contingency budget for the McClellan Rmch Preserve Community Garden Improvement Project (Project No. 2017-15) due to COVID-19. Page 5 City Council Agenda January 19, 2021 Recommended Action: 1. Authorize an increase in the Construction Contingency Budget from $64,930 to $280,530 for the McClellan Ranch Preserve Community Garden Improvement Project; and 2. Adopt Resolution No. 21-001 (Attachment A) to approve Budget Modification No. 2021-113 increasing appropriations in the Capital Improvement Fund 420-99-004 in the amount of $125,600 funded from Capital Project Fund. Staff Ret+ort A - Draft Resolution B - Contractor Proposal SECOND READING OF ORDINANCES 12. $: Second reading of Ordinance No. 20-2218: "An ordinance of the City Council of the City of Cupertino amending Cupertino Municipal Code Chapter 6.24 (Garbage, non-organic recycling and organic waste recycling collection and disposaI)" Recommended Action: Conduct the second reading and enact Ordinance No. 20-2218: "An Ordinance of the City Council of the City of Cupertino amending Cupertino Municipal Code Chapter 6.24 (Garbage, non-organic recycling and organic waste recycling collection and disposal)" A - Draft Ordinance 13. l: Second reading of Ordinance No. 20-2219adopting Municipal Code Amendments to CMC to adopt bird safety development regulations to implement the Fiscal Year 2020/21 City Council Work Program items related to bird safety. (Application No. MCA-2019-004; Applicant: City of Cupertino; I,ocation: Citywide) Recommended Action: Conduct the second Reading and enact Ordinance No. 20-2219 "An Ordinance of the City Council of the City of Cupertino amending city code to add Chapter 19.102: Bird Safe Development standards and to amend Chapter 19.08: Definitions to implement Bird Safe regulations". Staff Reoort A. Draft Ordinance No. 20-2219 B - Redlines to draft ordinance language PUBLIC HEARINGS 14. %: Abatement of public nuisance from weeds or other fire hazards pursuant to provisions of Cupertino Municipal Code Chapter 9.08 and Resolution No. 20-136; hearing for impacted property owners to contest the matter of proposed abatement. Recommended Action: Adopt Resolution No. 21-002 ordering abatement of public nuisance from weeds or other fire hazards pursuant to provisions of Cupertino Municipal Code Chapter 9.08 and Resolution No. 20-136; and conduct hearing for impacted property owners to contest the matter of proposed abatement. Page 6 City Council Agenda January 19, 2021 a% A - Draft Resolution and Exhibit A B - Weed Abatement Program Commencement Report (Exhibit A) C - Cointy Letter to Propertv Owners to Abate Weeds D - County Hearing Notice to Destroy Weeds and Program Fees E - Minimum Fire Safety Standards Program Brochure F - Return Reply Form (RRF) Sample G - City Letter to Property Owners H - Approved Resolution No. 20-136 15. l: Municipal Code Amendments to update existing Mobile Vending regulations, including conforming edits to Titles 5 and 13 in the Municipal Code, adopting new regulations for Sidewalk Vending in compliance with SB 946. Application No(s).: MCA-2020-004; Applicant(s): City of Cupertino; Location: citywide. (Continued from December 15). Recommended Action: Conduct the public hearing and find: 1) Conduct the first reading of Ordinance No. 21-2220: "An Ordinance of the City Council of the City of Cupertino amending Chapter 5.04, Business Licenses Generally, Chapter 5.20, Solicitors, Chapter 5.48, Mobile Vendors, and Chapter 13.04, Parks" to: A. find that the proposed actions are exempt from CEQA; B. Adopt regulations to allow sidewalk vending in compliance with SB 946; and C. Find that the restrictions and requirements contained in the regulations are directly related to objective health, safety, and/or public welfare concerns; and 2) Provide direction to staff regaarding whether to later present draft regulations to allow and/or restrict certain Motorized (Mobile) Vendors consistent with its FY 2020-2021 Work Program Item. Staff Re'oort A - Draft Ordinance MCA-2020-04 B - SB 946 C - Planinng Commission Resolution No. 6913 D - Planning Commission Meeting Minutes 10-27-20 16. l: Municipal Code Amendments to adopt lighting regulations to implement the Fiscal Year 2019/20 City Council Work Program items related to Dark Sky. (Application No. MCA-2019-003; Applicant: City of Cupertino; Location: City-wide) (Continue4 from December 15) Page 7 January 19, 2021CityCouncil Agenda Recommended Action: That the City Council: 1) Find the proposed actions are exempt from CEQA; and 2) Conduct the first reading of Ordinance No. 21-2221 "An Ordinance of the City Council of the City of Cupertino Amending City Code to rename and amend Chapter 19.102: Bird Safe Development Standards to Chapter 19.102: Glass and Lighting Standards and to Amend Chapter 19.40 Residential Hillside (RHS) Zones, Chapter 19.60 General Commercial (GC) Zones, Chapter 19.72 Light Industrial (ML) and Industrial Park (MP) Zones, and Chapter 19.l24Parking Regulations to Implement Dark Sky Policies." Staff Report A - Draft Ordinance B - Ordinance No. 20-2219 (Bird-Safe Ordinance) C - Redline Ordinance ORDINANCES AND ACTION ITEMS 17.$: Approve the updated Commissioner Handbook Recommended Action: Approve the updated Commissioner Handbook and provide any input Staff Report A - Draft Commissioner Handbook B - Commissioner Feedback C - Subcommittee' Recommendations D - Redline Draft Commissioner Handbook ORAL COMMUNICATIONS - CONTINUED (As necessary) COUNCI[ AND ST AFF COMMENTS AND FUTURE AGENDA ITEMS ADJOURNMENT The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6; 7itigation challenging a final decision of the City Council must be brought withirt 90 days after a decision is announced uyqless a shorter time is required by State or Federa7 law. Prior to seeking judiciaL revieto of any adjudicatory (quasi-judicial) decision, interested persons must file a petitiort for reconsideration with'm tert ca7ertdar days of the date the City Clerk mails notice of the City's decision. Reco;nsideration petitioyis must CO772777!/ with the requirements of Cupertino Municipa( Code §2.08.096. Contact the City Clerk's office for more information or go to http://wwro.cupertino.org/cityc7erk for a reconsideration petition form. In compliayice with the Americans with Disabi(ities Act (ADA), anyone who is planning to attend this teleconference meet'mg zoho is visually or hearing impaired or has any disability that needs special assista;qce should cal7 the City Clerk's Office at 408-777-3223, at Least 48 hours in advance of tlie Page 8 City Council Agenda January 19, 2021 meeting to arrange for assistance. 17? addition, upo;n request, in advance, by a perso;n with a disability, meeting agendas and writings distributed for the meet'mg 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 publicatio'ti o7 the packet will be made avai7able for public inspection in the City Clerk's Office Located at City Ha7l 10300 Torre Avertue, during normal bus'mess hours and in Council packet archives liyiked from the age;nda/minutes page 07? the Cupertino web site. IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Murticipa7 Code 2.08.100 written commuriications sent to the Cupertino City Cormcil, Commissioriers or City staff concerning a matter 07? the ageyida are inchtded as supplementa7 materia7 to the agertdized item. These written commtmicatiorts are accessible to the public through the City's website and kept in packet archives. You are hereby admonished not to include any personal or private information'm writtert comrmmications to the City that you do not roish to make public; doing so sha77 constitute a waiver of any privacy rights you may have on the information provided to the City. Page 9