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HomeMy WebLinkAboutCC - 12.21.2021STATE OF CALIFORN[A ) i SS. 4"J&F EMP,5(E27EE O;'i TH? C!T'Y 5F' CUPER"['In6 MENT, S"r'ATE Ur=JDER P ruesday,Decem'U BOARD AT JI'Y HA-L-L- DATE, SI RE Televised Regular Meeting TELECONFERENCE / PUBLIC PARTICIP ATION 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: I) 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 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 forwarded to CounciImembers 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 commertt 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 1 Agenda Decembet 21, 2021 2" Oral public comments will be accepted dqring the teleconference meeting. Comments may , be made during "oral communications" for matters not on the agenda, and during the <:,,, publiccommentperiodforeachagen4aitem. To address the City Council, click 'on the link below to register in advance and access the meeti0g: Online https://cityofcupertino.zoom.us/webinar/register/WNLplwr7iOQjmiIwYGDBmeBQ Phone Dial: 669-900-6833 and enter Webinar ID: 915 4376 5793 (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: 915 4376 5793 SIP: 91543765793@zoomcrc.com After registering, you will receive a confirmation email containing information about joining the webinar. Please read the following instructions carefully: 1. You can directly download the teleconference software or connect to the meeting in your internet browser. If you are using your browser, make sure you are using a current and up-to-date browser: Chrome 30+, Firefox 27+, Microsoft Edge 12+, Safari 7+. Certain functionality may be disabled in older browsers, including Internet Explorer. 2. You will be asked to enter an email address and a name, followed by an email with instructions on how to connect to the meeting. Your email address will not be disclosed to the public. If you wish to make an oral public comment but do not wish to provide your name, you may enter "Cupertino Resident" or similar designation. 3. When the Mayor calls for the item on which you wish to speak, click on "raise hand," or, if you are calling in, press '9. Speakers will be notified shortly before they are called to speak. 4. When called, please limit your remarks to the time allotted and the specific agenda topic. Page 2 City Council Agenda December 21, 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. PLEDGE OF Al,LEGIANCE ROLL CALL CEREMONIAL MATTERS AND PRESENT ATIONS 1.$: Recognition of 2021 STEM Wiimers from the City of Cupertiiio who participated in the Santa Clara County 2021 Synopsys Championship Science Fair Recommended Action: Presei'it Certificates of Recognition to 2021 STEM Winners from the City of Cupertino who participated iii the Santa Clara County 2021 Synopsys Championship Science Fair A - Certificates of Recognition 2.$: Prodamation recogiiiiig 25years of vohuiteer work by the Shin Shin Educational Foundation Recommended Action: Present proclamation recognizing 25 years of volunteer work by the Shin Shiii Educational Foui"idation A - Proclamation POSTPONEMENTS AND ORDERS OF THE DAY 3.l: Consider a development proposal to demolisli aitd existing commercial building aitd construct a new nine (9) uint single-family home development including one (1) home containing an Accessory Dwelling Unit (ADU). (Application No(s): EA-2020-001, Z-2020-001, DP-2020-001, TM-2020-001, ASA-2020-003, and U-2020-001; Applicant(s): Alan Enterprise LLC; Location: 22690 Stevens Creek Boulevard; APN#s 341-14-066, 342-14-104 & 105) Page 3 City Council Agenda December 21, 2021 4.l: Consider a development proposal to demolish aii existiiig commercial building and residential mffit, remove and replace forir (4) protected trees, and construct a mixed-use development consistent of 18 units (five apartments, five siiigle-family homes, and eight townhomes), aitd 4,500 square feet of coinmercial 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; Applicaitt(s): Dait Sliaw (SCR Enterprises); Location 10625 South Foothill Boulevard; APN#s 342-16-087, -088) ORAL COMMUNICATIONS Tliis portiort of the meet'mg is reserved for persons wishing to address the Council 072 any matter withirt the jurisdiction of the Council arid not on the agenda. The total time for Oral Communications roill ordinarily be Limited to one hour. Individual speakers are limited to three (3) m'mutes. As necessary, the Chair may further Limit the time a[Iowed to individua( spealcers, or reschedu(e remainning comme;nts to the ertd of the meeting on a first come first heard basis, zoith priority given to students. In most cases, State raw roill prohibit the Counci7 froyrt discussing or making any decisions zoith respect to a matter not listed on the agenda. A counc'dmember may, however, briefLy respond to statements made or questions posed by spea7cers. A counci(member may also as7c a question for clarification, provide a referertce for factual information, request staff to report back cortcerrting a matter, or request that an item be added to a future City Council agenda in response to pub7ic commertt. REPORTS BY COUNCIL AND STAFF (10 minutes) 5. $: Brief reports on councilmember activities and brief aimouncements Recommended Action: Receive brief reports on councilmember activities and brief arutouncements 6. $: Report on Cornrnittee assigninents 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) Urxless there are separate discussions artd/or actions requested by courtcil, staff or a member of the public, it is requested that items under t7ie Consent Calendar be acted on simuLtaryeou'Ay. 8. $: Approve the November 30 City Council minutes Recoinrnended Action: Approve tlie November 30 City Council minutes A - Draft Minrites Page 4 City Council Agenda December 21, 2021 9. $: Approve the December 7 City Council minutes Recommended Action: Approve the December 7 City Council miiiutes A - Draft A/nnutes 10. $: Approve the December II City Council miiiutes Recommended Action: Approve the December II City Council minutes A - Draft Minutes 11. $: Accept Accounts Payable for the period endiiig November 1, 2021 Recommended Action: Adopt Resolution No. 22-122 acceptiiig Accounts Payable for the period ending November 1, 2021 A - Draft Resotution B - AP Report 12. $: Accept Accounts Payable for the period endiiig November 8, 2021 Recommended Action: Adopt Resolution No. 21-122 acceptiiig 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 Recornrnended Action: Adopt Resolution No. 21-123 acceptiiig Accounts Payable for the period ending November 15, 2021 A - Draft Resolution B - AP Report 14. l: Accept Accoints Payable for the period ending November 22, 2021 Recommended Action: Adopt Resolution No. 21-124 acceptiiig Accounts Payable for the period ending November 22, 2021 A - Draft Resolution B - AP Report 15. l: Accept Accounts Payable for the period ending November 29, 2021 Recommended Action: Adopt Resolution No. 21-125 acceptiiig Accounts Payable for the period ending November 29, 2021 A - Draft Resolution B - AP Report 16. $: Appointment of Council Committee Assignments Recommended Action: Approve Council Committee Assignments A - 2022 Committee Assignments Page 5 City Council Agenda Decembet 21, 2021 17. $: Consider adopting a resolution authoriziiig continued remote teleconference meetii'igs of the Iegislative bodies of the City of Cupertino for tlie period December 21, 2021 through Jaiiuary 20, 2022 pursuant to the Brown Act, as amended by AB 361 Recommended Action: Adopt Resolution No. 21-126 authoriziiig continued remote teleconference meetings of the legislative bodies of the City of Cupertiito for the period December 21, 2021 through Jaiiuary 20, 2022 pursuaiit to the Brown Act, as amended by AB 361 A - Draft Resolution B - Approved Resolution No. 21-111 18. $: Consider changes to part-time salary schedules for job classifications aiid job families impacted by minimum wage adjustments Recommended Action: Adopt Resolution No. 21-127 establishing ffiaiiges to part-time salary schedules for classifications impacted by minimum wage adjustments and realigii wage increases with position advaiicement A - Draft Resolution B - Proposed Adjustments to the 2021 Part-Time Salary Schedule (Redline) C - 2021 Part-Time Salary Schediile (Clean) 19. $: Consider ait amendment to the Professional Services Agreement between the City of Cupertiiio and Riiicon Consultants, Inc. for Climate Action Plaii Update services and technical support Recornrnended Action: Authorize the City Manager to execute the First Amendment to the Professional Services Agreement between the City of Cupertiito and Rincon Consultants, Inc., increasing the amount by $78,000, for a total amoui'it not to exceed $178,000 A - Draft Contract Amendment B - Rincon Consultants Inc, Climate Action Plan Update Comrminity Oiitreach and Technical Support 20. $: Consider authorizing tlte City Manager to award a construction contract, including a contiiigency budget for the 2022 Reconstruction of Curbs, Gutters aiid Sidewalks Project - Project No. 2022-201 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 aity i'iecessary Change Orders, up to the Construction Contingency amount of $155,000.00 A - Draft Contract Page 6 City Council Agenda December 21, 2021 21. $: Consider acceptiiig $1,936,000 of grant fundiitg from Saiita Clara County 2016 Measure B Program for Fiscal Year 2022-2023. The total grant allocation is for tl"ie Juinpero Serra Trail East Segment Recommended Action; Accept $1,936,000 of grant fundii"ig 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 Metropolitai-i Traiisportation Commission for the allocation of Fiscal Year 2022-2023 Transportation Development Act Article 3 Pedestriait/Bicycle Project Fundiiig" requestiiig $1,015,022 and autliorizing acceptaiice of said ftutds wlien approved 2. Authorizing the City Mai"iager to negotiate aiid execute "Funding Agreement between the City of Cupertiiio aitd Saiita Clara Valley Traiisportation Autliority for Junipero Serra Trail, East Segment" for tlie remaiig Measure B allocation of $920,978 with Santa Clara Valley Traitsportation Authority 3. Adoptiiig Resolution No. 21-129 approviiig Budget Modification No. 2122-176 iiicreasiiig appropriations and revenues for Jru4pero Serra Trail - East Segment (420-99- 036, ST 046) by $1,936,000 Staff Repoort A - Finding Allocation B - Draft Resohition Capital Budget Amendment C - Draft Resolution to MTC D - Draft Agreement 22. $: Consider tlie Mitigation Fee Act, the aiwual and five-year report for Fiscal Year (FY) 2020-2021 RecommendedAction: 1. Accept the aiuiual and five-year review of the City of Cupertiiio's Development Impact Fees (Government Code Section 66000 et seq.); and 2. Adopt Resolution No. 21-116 entitled "A Resolution of the Cupertiiio City Council approving the aimual and five-year Development Impact Fee report for FY endiiig June 30 aiid makiiig required findiiigs" A - Annual and Five-Year Report for the Fiscal Year ending Jine 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 assistaiice for eligible housiiig-related projects and programs to assist in addressing unmet housing needs in the City Page 7 Dec(amber 21, 2021CityCouncil Agenda Recoinrnended Action: Conduct a public hearing; aiid 1. Authorize the City Manager or designee to enter into a Consortirim 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, aiid authorizes the County to admiinster the funds iii accordaiice with State requirements and iii accordaiice with the Consortiurn Agreement iiicluding an update to the fee terms; and 2. Adopt Resolution No. 21-130 authoriziitg the County to submit the PLHA program application to the State on behalf of the City (Attachment A) Staff Reoort A - Draft Resolution (Corintv of Santa Clara PLHA Consortium B - Resolution 21-100 (Cointy of Santa Clara PLHA Consortium) C - Redlined Draft Resolution (Cointy of Santa Clara PLHA Consortiurn) D- Final Consortium Agreement SECOND READING OF ORDINANCES - None PUBLIC HEARINGS 24. $: Consider modifications to the approved Westport Development project which ii"iclude adjustiiig unit mix in the assisted living facility (Building 1) to 123 assisted living uiThts and 35 memory care rooms, reclassification of approximately 8,000 square feet of public dining area to private dining, reducing the underground parking to reflect adjustments iii uses, aiid reduction of massiiig on tlie 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) Recommended Action: Consider the evidence presented aiid determine whether to adopt the following resolutions approving the proposed project modifications: 1. Resolution No. 21-117 approvii'ig the Heart of the City Exception (EXC-2021-003); 2. Resolution No. 21-118 approviiig 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 tlie project, adopt the following resolution: 1. Resolution No. 20-120 denyii"zg Development Permit (M-2021-002), Architechiral and Site Approval Perinit (ASA-2021-002), and Heart of the City Exception (EXC-2021- 003) Page 8 City Council Agenda December 21, 2021 Staff Rei:iort 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 - Corincil Update Package, dated December 14, 2021 F - Letter from Mattliew Witte and Mark Alexander to Cupertino City Staff & Corincil dated October 4, 2021 G - Plan Set (fortlicoining on an amended agenda) ORDINANCES AND ACTION ITEMS 25. $: Consider ai"i Interim Ordii"iance to implement new state legislation (Senate Bill 9), that provides for ministerial approval of up to two in"iits and/or a lot split ii-i a residential siiigle-family zone (Application No.: MCA-2021-005; Applicaiit: City of Cupertino; Location: Citywide in all residential single family zones) Recommended Actioi"i: Conduct the first aiid only reading aiid enact Interim Ordinaiice No. 21-2235: "An Ordinaiice of the City Coui'icil of the City of Cupertino adding or Amending Cupertiiio Miuncipal 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, ai'id 19.112.060 to adopt staiidards for miinsterial approval of duplexes and lot splits iii sii"igle-family residence districts" Staff Report A - Draft Interim Ordinance No. 21-2235 B - Senate Bffl 9 (2021, Atkinsj ORAL COMMUNICATIONS - CONTINUED (As necessary) COUNCIL AND ST AFF COMMENTS AND FUTURE AGENDA ITEMS ADJOURNMENT The Cih) of Cupert'mo has adopted the provisions of Code of Civi7 Procedure §1094.6; litigatiort challeryging a final decision of the Cih) Council must be brought with'm 90 days after a decision is atuatourtced urtless a s7iorter time is required by State or Federal law. Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk ma'ds notice of t7ie City's decision. Reconsideration petitions must comply with the requiremerxts of Cupertino Municipal Code §2.08.096. Contact the Cih) Clerk's office for more i4ormation or go to littp://www.cupertino.oarg/citycler7c for a reconsideration pet-itiorx form. In compliance with the Americans with Disab'dities Act (ADA), anyone who is planning to attertd this teleconference meeting who is visually or hearing impaired or has any disability that needs special Page 9 City Council Agenda December 21, 2021 assistance shoutd call the City Clerlc's Office at 408-777-3223, at least 48 hours in advance of the meet'mg to arrange for assist-aiice. 17? addition, upon request, irt advance, by a perso;n roith a disability, meeting agendas and writings distributed for the meeting that are public records zoi7l be made available in the appropriate alterrtative format. Any roritirtgs or documents provided to a majority of the Cupertino City Counci( after pub(ication of the packet wil7 be made available for public inspection in the Cih) Clerk's Office located at City Hall 10300 Torre Avertue, Cupert'mo, California 95014, during normal busirtess hours; and in Council packet archives 7i;+zlced from the agenda/minutes page on the Cupertino web site. IMPORTANT NOTICE: Please be advised that pursuant to Cupertino M'tmicipal Code sectiort 2,08,100written communications sent to the Cupertirto Cihy Council, Commissioners or Cih) staff concerrting a matter 07? the agertda are included as supplemental materiaf to the agendized item. These zoritten communications are accessible to the public through the City's zoebsite and kept in paclcet archives. Do not include any persona7 or private irtformation in written communications to the City that you do not wish to yrtake puMic, as writterx communications are considered puMic records and roill be made publicly available 07? 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-yea5 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. - -== -- - -= = ==== - =- - =- -- *is*==-=-- - -&i i . i. ii i a. i. .unu iii_niuy i iviiiin. iuu i++iiu uiiv i tiiunn. n_uiu i_.ii i.un.i n_.uuiuiu i it t. uni iii i i iinn.tniu iau.n uiuiu nu. TYPES OF COUNCIL ACTIONS ORDIN ANCES 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 ju diCial 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 f6r more information or go to www.http://www.cupertino.org/index.aspx?page=l25 for a reconsideration petition form. COMMUNICATINGWITHCOUNCIL I 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 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. iiaaaa*aJ}ll.lll01lHj.uklllllllll .lllU II}11111 Ill Ijjllllllllllllll I II II 11 111111 IlFllfillllll 111 € Illlllllllljfil 11111111€ 1111 11jl IlljllFlll I 11111 I *iia 111111111 #l I Ill aai a aaaai i I 10111 iaai saaaaaa iaaaiai aiffiiiasiaaaia*aaaluli. NEWS AND NOTICES FROM CITY HALL ' EMAII 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 Channel26 in Cupertino. The meetings are shown at these times: Tuesday (live) 6:45p.m. Friday(replay) lO:OOa.m. Thursday (replay) 7:00 p.m. Saturday (replay) 9:00 a.m. INTERNET City Council and Planning Commission videos are available on demand at www.cupertino.org. Select "l Want To, View City Council meetings". News and community information can 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. . ..-....-...............fflililmlllll.........-........................................-......-...............-......--..............-.............-.-..-..-.-.....-..-.-...J....l&........... .fflfflllfflllffll..l....................iliilii.......-&....... 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 CupertinoSanitary District (408) 253-7071 Water SanJoseWater (408)279-7900 CaliforniaWater (650)917-0152