The URL can be used to link to this page

Home My WebLink AboutCC - 12.21.2021(Amended)r!O il (,i,["IV Tuesday, DeceMVer' 11, 2021 T,N A "'!/1 'I6:45 P,S YdVlD 0 ,X,,LNfThO:) VIN'dO,HITV) da 'J,V.LS Amended Televised Regular Meeting Amended at 4:43 p.m. on Thursday, December 16, 2021 to update the Staff Report and Attachment G - Plan Set for agenda Item No. 24. TELECONFERENCE / PUBLIC PARTICIPATION INFORMATION TO HELP STOP THE 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 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 wwvv.Cupertino.org/webcast Members of the public wishing to comment on an item on the agenda may do so in the following ways: 1) E-mail comments by 4:30p.m. on Tuesday, December 21to the Council at citycouncil@cupertino.org. These e-mail comments will also be fomarded 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 CityCouncil Agenda December21,2021 4. $: Consider a development proposal to demolish an existing commercial building and residential unit, remove and replace four (4) protected trees, and construct a mixed-use development consistent of 18 units (five apartments, five single-family homes, and eight townhomes), and 4,500 square feet of commercial space. ( Application No(s): EA-2018-06, Z-2018-02, DP-2018-07, TM-2018-04, U-2018-04, ASA-2018-09, TR-2018-39; Applicant(s): Dan Shaw (SCR Enterprises); Location 10625 South Foothill Boulevard; APN#s 342-16-087, -088) ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the Courtcil on any matter roithin the jurisdiction of the Council and not ort the agenda. The total time for Ora7 Communicatio'ns wi77 ord'marily be 7imited to one hour. Individual speakers are Limited to three (3) minutes. As rtecessary, the Chair may further Limit the time allowed to individua7 speakers, or resched'tde remainirtg comments to the end of the meeting on a first come first heard basis, with priority givert to students. In most cases, State raw wiu prohibit the Council from discussing or making arty decisions with respect to a matter not Listed ort the agenda. A councilmember may, however, briefly respond to statements made or questions posed by speakers. A counc'dmember may also ask a questiort for clarification, provide a reference for factual information, request staff to report back concerning a matter, or request that art item be added to a future City Courtci7 agenda in response to public comment. REPORTS BY COUNCIL AND STAFF (10 minutes) 5. $: Brief reports on councilmember activities and brief annotu"icements Recornrnended Action: Receive brief reports on councilmember activities and brief aru"iouncements 6. $: Report on Committee assignments Recommended Action: Report on Committee assignments 7.$: City Manager update Recommended Action: Receive City Manager update on emergency response efforts and other City business CONSENT CALENDAR (Items 8-23) llnless there are separate discussions and/or actions requested by council, staff or a member of the pub7ic, it is requested that items tmder the Consertt Calendar be acted 072 simultaneously. 8. %: Approve the November 30 City Council minutes Recommended Action: Approve the November 30 City Council minutes A - Draft A4inutes Page 4 City Council Agenda December 21, 2021 9. $: Approve the December 7 City Council minutes Recommended Action: Approve the December 7 City Coin"icil minutes A - Draft Minutes 10. $: Approve the December II City Council minutes Recommended Action: Approve the December 11 City Council minutes A - Draft A/[inrites 11. $: Accept Accounts Payable for the period ending November 1, 2021 Recommended Action: Adopt Resolution No. 21-121 accepting Accounts Payable for the period ending November 1, 2021 A - Draft Resolution B - AP Report 12. $: Accept Accounts Payable for the period ending November 8, 2021 Recommended Action: Adopt Resolution No. 21-122 accepting Accounts Payable for the period ending November 8, 2021 A - Draft Resolution B - AP Report 13. $: Accept Accounts Payable for the period ending November 15, 2021 Recommended Action: Adopt Resolution No. 21-123 accepting Accounts Payable for the period ending November 15, 2021 A - Draft Resolution B - AP Report 14. $: Accept Accounts Payable for the period ending November 22, 2021 Recommended Action: Adopt Resolution No. 21-124 accepting Accounts Payable for the period ending November 22, 2021 A - Draft Resolution B - AP Report 15. $: Accept Accounts Payable for the period ending November 29, 2021 Recornrnended Action: Adopt Resolution No. 21-125 accepting Accounts Payable for the period ending November 29, 2021 A - Draft Resolution B - AP Report 16. $: Appointment of Council Committee Assignments Recornrnended Action: Approve Council Committee Assignments A - 2022 Committee Assignments Page 5 City Council Agenda December 21, 2021 17. $: Consider adopting a resolution authorizing continued remote teleconference meetings of the legislative bodies of the City of Cupertino for the period December 21, 2021 through January 20, 2022 pursuant to the Brown Act, as amended by AB 361 Recommended Action: Adopt Resolution No. 21-126 authorizing continued remote teleconference meetings of the legislative bodies of the City of Cupertino for the period December 21, 2021 through January 20, 2022 pursuant to the Brown Act, as amended by AB 361 Staff Reoort A - Draft Resolution B - Approved Resolution No. 21-111 18. $: Consider changes to part-time salary sffiedules for job dassifications and job families impacted by minimum wage adjustments Recommended Action: Adopt Resolution No. 21-127 establishing changes to part-time salary schedules for classifications impacted by minimum wage adjustments and realign wage increases with position advancement Staff Reoort A - Draft Resolution B - Proposed Adjustments to the 2021 Part-Time Salary Saiedule (Redline) C - 2021 Part-Time Salary Saiedule (Clean) 19. $: Consider an amendment to the Professional Services Agreement between the City of Cupertino and Rincon Consultants, Inc. for Climate Action Plan Update services and techical support Recommended Action: Authorize the City Manager to execute the First Amendment to the Professional Services Agreement between the City of Cupertino and Rincon Consultants, Inc., increasing the amount by $78,000, for a total amount not to exceed $178,000 A - Draft Contract Amendment B - Rincon Consiltants Inc, Climate Action Plan Update Community Outreaa'i and Tedinical Support 20. $: Consider authorizing the City Manager to award a construction contract, including a contingency budget for the 2022 Reconstruction of Curbs, Gutters and Sidewalks Project - Project No. 2022-101 Recommended Action: 1. Authorize the City Manager to award a construction contract to JJR Construction in the amount of $1,054,968.66; and 2. Authorize the Director of Public Works to execute any necessary Change Orders, up to the Construction Contingency amount of $155,000.00 Staff Report A - Draft Contract Page 6 CityCouncil Agenda December21,2021 21. $: Consider accepting $1,936,000 of grant fin"iding from Santa Clara County 2016 Measure B Program for Fiscal Year 2022-2023. The total grant allocation is for the Junipero Serra Trail East Segment Recommended Action: Accept $1,936,000 of grant funding from Santa Clara County 2016 Measure B Program for Fiscal Year 2022-2023. The total grant allocation of $1,936,000 for Junipero Serra Trail East Segment requires: 1. Adopting Resolution No. 21-128 titled "Request of the Metropolitan Transportation Commission for the allocation of Fiscal Year 2022-2023 Transportation Development Act Article 3 Pedestrian/Bicycle Project Funding" requesting $1,015,022 and authorizing acceptance of said fin"ids when approved 2. Authorizing the City Manager to negotiate and execute "Funding Agreement between the City of Cupertino and Santa Clara Valley Transportation Authority for Junipero Serra Trail, East Segment" for the remaining Measure B allocation of $920,978 with Santa Clara Valley Transportation Authority 3. Adopting Resolution No. 21-129 approving Budget Modification No. 2122-176 increasing appropriations and revenues for Junipero Serra Trail - East Segment (420-99- 036, ST 046) by $1,936,000 Staff Report A - Funding Allocation B - Draft Resolution Capital Budget Amendment C - Draft Resolution to MTC D - Draft Agreement 22. $: Consider the Mitigation Fee Act, the annual and five-year report for Fiscal Year (FY) 2020-2021 RecommendedAction: 1. Accept the annual and five-year review of the City of Cupertino's Development Impact Fees (Government Code Section 66000 et seq.); and 2. Adopt Resolution No. 21-116 entitled "A Resolution of the Cupertino City Council approving the annual and five-year Development Impact Fee report for FY ending June 30 and making required findings" Staff Re'oort A - Annual and Five-Year Report for the Fiscal Year ending June 30, 2021 B - Draft Resolution 23. $: Consider City Participation in Santa Clara County Permanent Local Housing Allocation (PHLA) Partnership to apply for State of California PHLA funds to provide financial assistance for eligible housing-related projects and programs to assist in addressing unmet housing needs in the City Page 7 December 21, 2021CityCouncil Agenda Recommended Action: Conduct a public hearing; and 1. Authorize the City Manager or designee to enter into a Consortium Agreement with the County of Santa Clara (County), that authorizes the County to submit funding applications to the State of California on the City's behalf for the City's allocation of State PLHA program funds, and authorizes the County to administer the funds in accordance with State requirements and in accordance with the Consortiurn Agreement including an update to the fee terms; and 2. Adopt Resolution No. 21-130 authorizing the County to submit the PLHA program application to the State on behalf of the City (Attaent A) Staff Report A - Draft Resolution (County of Santa Clara PLHA Consortium B - Resolution 21-100 (County of Santa Clara PLHA Consortium) C - Reained Draft Resolution (County of Santa Clara PLHA Consortium) D- Final Consortium Agreement SECOND READING OF ORDINANCES - None [C HEARINGS- 24. l: Consider modifications to the approved Westport Development project whiai include adjusting unit mix in the assisted Iiving facility (Building 1) to 123 assisted living units and 35 memory care rooms, reaassification of approximately 8,000 square feet of public dining area to private dining, reducing the underground parking to reflect adjustments in uses, and reduction of massing on the top floor to accommodate a sixth floor aqua therapy pool; (Application No(s): M-2021-002, ASA-2021-007, EXC-2021-003; Applicant(s): Related California (Cascade Zak); Location: 21267 Stevens Creek Boulevard; APN #326-27-043) Recornrnended Action: Consider the evidence presented and determine whether to adopt the following resolutions approving the proposed project modifications: 1. Resolution No. 21-117 approving the Heart of the City Exception (EXC-2021-003); 2. Resolution No. 21-118 approving the Modified Development Permit (M-2021-002); and 3. Resolution No. 21-119 approving the Artectural and Site Approval Permit (ASA- 2021-007) If the City Council wishes to deny the project, adopt the following resolution: 1. Resolution No. 20-120 denying Development Permit (M-2021-002), Ara'ffltectural and Site Approval Permit (ASA-2021-002), and Heart of the City Exception (EXC-2021- 003) Page 8 City Council Agenda December 21, 2021 Staff Report A - Draft Resolution for EXC-2021-003 B - Draft Resolution for M-2021-002 C - Draft Resolution for ASA-2021-007 D - Draft Resolution for Denial E - Council Update Package, dated December 14, 2021 F - Letter from Matthew Witte and Mark Alexander to Cupertino City Staff & Council dated October 4, 2021 G - Plan Set ORDINANCES AND ACTION ITEMS 25. $: Consider an Interim Ordinance to implement new state legislation (Senate Bill 9), that provides for ministerial approval of up to two units and/or a lot split in a residential single-family zone (Application No.: MCA-2021-005; Applicant: City of Cupertino; Location: Citywide in all residential single family zones) Recommended Action: Conduct the first and only reading and enact Interim Ordinance No. 21-2235: "An Ordinance of the City Council of the City of Cupertino adding or Amending Cupertino Municipal Code Sections 18.20.170, 19.08.030, 19.12.030, 19.28.040, 19.28.110, 19.40.050, 19.40.060, 19.40.090, and 19.ll2.060to adopt standards for ministerial approval of duplexes and lot splits in single-family residence districts" Staff Repoort A - Draft Interim Ordinance No. 21-2235 B - Senate Bill 9 (2021, Atkins) ORAL COMMUNICATIONS - CONTINUED (As necessary) COUNCIL AND ST AFF COMMENTS AND FUTURE AGENDA ITEMS ADJOURNMENT The Cih) of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6; litigation challenging a fina7 decision of the Cih) Council must be brought voithin 90 days after a decision is artrtounced urdess a shorter time is required by State or Federa7 law. Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration with'm ten calerxdar days of the date the City Clerk mails notice of the City's decision. Recortsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's office for more information or go to http://wwzo.cupertino.org/cih)c7erk for a reconsiderat'ton petition form. In compliance zoith the Americans with Disabilities Act (ADA), anyo;ne who is planning to attend this teleco4erertce meet'mg who is visually or hearing impaired or has any disabilih) that rteeds special Page 9 City Council Agenda December 21, 2021 assistance should ca7l the City Clerk's Office at 408-777-3223, at least 48 hours iri advartce of the meeting to arrange for assistance. In addition, upon request, in advartce, by a person with a disability, meeting agendas and writings distributed for the meet'mg that are public records will be made available 'm the appropriate a7ternative format. Arty writirygs or documents provided to a majority of the Cupertino City Co'tmcil after pu77ication of the packet w'dl be made available for public inspection in the City C7erk's Office located at City Hall, 10300 Torre Avenue, Cupertirto, Califorrtia 95014, during normal business hours; arxd in Council packet archives Linked from the agenda/minutes page 07? the Cupertirto web site. IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipal Code section 2.08.l00written commu;+xications sertt to the Cupertino City Council Commissioners or Cih) staff concerrt'mg a matter on the agenda are included as supp7emertta7 materia7 to the agendized item. These zoritte;n communications are accessible to the public through the City's website and kept in packet archives. Do rtot irtclude arty personal or private information irt voritten commurtications to the City that you do not wish to make pub(ic, as r.oritten communications are considered pub7ic records and wil7 be made publicly available on the City website. Page 10 THECITYCOUNCIL ANDSTAFF CITY COUNCIL Cupertino is a General Law city organized under and subject to statutes of the State of'California. It is governed by the five-member City Council with the Mayor as the presiding officer. City Council members are elected at-large to four-year, overlapping terms. Each November a mayor and a vice-mayor are selected by the City Council for a one- yearterm. The City Council receives advice and assistance from eleven advisory bodies, which are appointed by the Council. These are the Audit Committee, Bicycle Pedestrian Commission, Fine Arts Commission, Housing Commission, Library Commission, Parks and Recreation Commission, Planning Commission, Public Safety Commission, Sustainability Commission, Teen Commission, and Technology, Information, and Communications Commission. Council members also serve on a variety of regional bodies, including: - Association of Bay Area Governments - League of California Cities - Santa Clara County (SCC) Cities Association - SCC Emergency Preparedness Council - SCC Library District - SCC Emergency Preparedness Commission - Santa Clara Valley Water Commission and Water District - SCC Transportation Authoritym - West Valley Mayors and Managers STAFF The City Manager and the City Attorney are appointed by the Council. The City Manager is responsible for interpreting and carrying out Council policies and direction, and as the chief administrative officer, the City Manager coordinates the many activities of the city and appoints the professional and technical staff. The City Attorney is the advisor to the City Council as a whole. TYPES OF COUNCIL ACTIONS ORDINANCES Ordinances are the means by which the City enacts its local laws. Unless an urgent situation exists, ordinances will first be presented at a Council meeting as a "first reading." At a subsequent Council meeting, there will be a "second reading and adoption." Ordinances go into effect after a waiting period of thirty days, in most cases, during which time the summary of the ordinance is published in a local newspaper approved for this purpose. RESOLUTIONS Resolutions and minute orders are the means by which the City Council formally adopts policies or approves specific actions. These go into effect when adopted. APPEALS Any interested person, including a Council member, may appeal a Planning Commission or Director of Community Development decision to the City Council. An appeal must be submitted in writing to the City Clerk within 14 calendar days of the mailing of the notice of the decision. RECONSIDERATION Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City's decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code 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: citycouncil@cupertino.org DarcyPaul DPaul@cupertino.org (408)777-3195 LiangChao LiangChao@cupertino.org (408)777-3192 KittyMoore Kmoore@cupertino.org (408) 777-1398 HungWei HWei@cupertino.org (408)777-3139 Jon Robert Willey JWilley@cupertino.org (408) 777-3193 Executive Assistant manager@cupertino.org (408) 777-3212 CityHall www.cupertino.org (408)777-CITY Please note: the City Council discourages submission of written materials on the day of the meeting as this does 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 EMAII I 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 nnou ncements. 7uqgqx_iu4i_i_+uu_____ A!!nA4kl%!A!!____'W!"J!a__ '4'l_'l!!_PI!!'0111!l 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 CountySheriff (408)868-6600 I Public Health Santa Clara County Public Health (408) 732-3720 Sanitary Sewers Cupertino Sanitary District (408) 253-7071 Water SanJoseWater (408)279-7900 i CaliforniaWater (650)917-0152