HomeMy WebLinkAboutCC - 12.21.2021STATE OF CALIFORN[A )
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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.
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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.
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NEWS AND NOTICES FROM CITY HALL '
EMAII
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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
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News and community information can also be found at:
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AUDIO
Tune into Radio Cupertino, 1670 AM, for meeting announcements, public service messages, and emergency
a nnou ncements.
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USEFULTELEPHONENUMBERS
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Services
Police (Emergency) Santa Clara County Sheriff dispatch 911
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