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HomeMy WebLinkAboutCC - 12.07.2021STATE OF CALIFORNIA 1\7P%affi Cu PERTINO Oath of Office (6:45) 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 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 4:00p.m. on Tuesday, December 7to 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 Instructions Members of the public may provide oral public comments during the teleconference meeting as follows: Page I December 7 2021qity Council ,i ?. aaT .! €- , Oral public commerits fflill' bea accepted during the teleconference meeting. Comments may 'a;,l 0 be made'-during oral commffinic:i'4ions" for matters not on the agenda, and during the 4 . public comtnJent period far each agenda item. ". To address flee City Couffcil, click on the link below to register in advance and access the "" - ' m'eetiffig:' " " " " a a " " " ' 40nline . ... Register in advance for this webinar: https://cityofcupertino.zoom.us/webinar/register/WN5TuWmiEOQlmZKl8wG79jnw Phone Dial: 669-900-6833 and enter Webinar ID: 951 0939 4842 (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) 162.255.36.11 (US East) Meeting ID: 951 0939 4842 SIP: 95109394842@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 w"sh to speak, click on "raise hand," or, if you are caJIing in, press *9. Speakers will be notified shortly before they are called to speak. Page 2 City Council Agenda December 7 2021 4, When called, please limit your remarks to the time allotted and the specific agenda topic, unless your remarks pertain to Oral Communications in the Regular Meeting agenda, which address items not on the agenda. 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, December 07, 2021, commencing at 5:15 p.m. 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. 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 - 5:15 PM STUDY SESSION 1.$: Discuss public engagement strategies Recommended Action: Discuss public engagement strategies Staff Report 2.$: Information on Commissions and Committees in Cupertino and Other Cities Recommended Action: Review analysis of commissions and committees in Cupertino and in other cities, and provide direction to staff Staff Report (to be posted in a forthcoming amended agenda) ADJOURNMENT REGULAR MEETING PLEDGE OF ALLEGIANCE - 6:45 PM ROLL CALL Page 3 City Council Agenda December 7, 2021 CEREMONIAL MATTERS AND PRESENT ATIONS $: Recognition of Ar*ana Panda for receiving the President's Lifetime Aa'fflevement Award from the AmeriCorps and the office of the President of the United States Recommended Action: Recognize Archana Panda for receiving the President's Lifetime Achievement Award for her lifelong commitment to building a stronger nation through volunteer service A - Lifetime Achievement Award $: Proclamation to Roger Lee upon his retirement and recognizing his dedicated service to the City of Cupertino Recommended Action: Present proclamation to Roger Lee upon his retirement and recognizing his dedicated service to the City of Cupertino A - Prodamation ELECTION OF MAYOR AND VICE MAYOR 3. $: Councilmembers elect Mayor Recommended Action: Make nominations and elect Mayor 4. $: Councilmembers elect Vice Mayor Recommended Action: Make nominations and elect Vice Mayor OATH OF OFFICE 5. $: Oath of Office for Mayor Recommended Action: Conduct Oath of Office for Mayor 6. $: Oath of Office for Vice Mayor Recornrnended Action: Conduct Oath of Office for Vice Mayor COMMENTS BY NEW MAYOR AND VICE MAYOR 7. $: Comments by Vice Mayor Recommended Action: Receive Comments by Vice Mayor 8. $: Comments by Mayor Recornrnended Action: Receive Comments by Mayor COMMENTS BY COUNCILMEMBERS AND PUBtIC Page 4 City Council Agenda December 7, 2021 9. $: Comments by Councilmembers Recommended Action: Comments by Councilmembers 10. $: Cornrnents by the Public Recommended Action: Receive Cornrnents by the Public POSTPONEMENTS AND ORDERS OF THE DAY ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the Counci7 07? any matter withiry the jurisdiction of the Cou;nci7 and not on the agenda. The total time for Oral Communicatiorts will ordinarily be limited to one hour. Individual speakers are limited to three (3) minutes. As rxecessary, the Chair may further Limit the time allozoed to'mdividual speakers, or reschedule rema'mirtg comme;nts to the end of the meeting on a first come first heard basis, with priority given to students. Irt most cases, State lazo will prohibit the Council from discussing or making any decisiorts with respect to a matter riot Listed on the agertda. A courtcilmember may, however, briefly respond to statements made or questions posed by speakers. A councilmember may also ask a question for clarificatio;n, provide a referertce for factua7 information, request staff to report back concerning 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) 11. $: Brief reports on councilmember activities and brief announcements Recommended Action: Receive brief reports on councilmember activities and brief announcements 12. $: Report on Committee assignments Recommended Action: Report on Committee assignments 13. $: City Manager update Recommended Action: Receive City Manager update on emergency response efforts and other City business CONSENT CALENDAR (Items 14-28) Urtless 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 simultaneously. 14. $: Approve the November 16 City Council minutes Recornrnended Action: Approve the November 16 City Council minutes A - Draft Minutes Page 5 City Council Agenda December 7, 2021 15. $: Approve the November 18 City Council minutes Recommended Action: Approve the November 18 City Council minutes A - Draft Minutes 16. $: Set hearing date on January 18, 2022 to declare a public nuisance (from weeds) and to consider objections for proposed removal; declare properties as having potential fire hazards from weeds or other potential nuisances for the Cupertino Weed Abatement Program Recommended Action: Adopt Resolution No. 21-112 declaring properties as having potential fire hazards from weeds or other potential nuisances; and set hearing on January 18, 2022 to declare a public nuisance and to consider objections for proposed removal A - Draft Resolution and Exhibit A B - 2022 Cupertino Commencement Report (Exhibit A) 17. $: Consider adopting a resolution authorizing the City to parhcipate in two proposed settlements to resolve lawsuits that seek to hold certain opioid pharmaceutical supply chain participants accountable for the damage caused by their misfeasance, nonfeasance, and malfeasance Recommended Action: That the City Council adopt Resolution No. 21-113 authorizing the City Attorney to complete and execute the Settlement Participation Forms to authorize the City of Cupertino's participation in the Distributor and Janssen Settlements, and to take such further actions as necessary to' ensure that the City receives settlement proceeds allocated to it under the Distributor and Janssen Allocations Agreements Staff Report A - Draft Resolution 18. $: Consider OPEB and Pension Section 115 Trust Investment Policy Adoption Recornrnended Action: Consider adopting Resolution No. 21-114and No. 21-115 approving OPEB and Pension Section 115 Trust Investment PoLicies Staff Report A - OPEB Trust Investment Policy B - OPEB Investment Policy Draft Resolution C - Pension Trust Investment Policy D - Pension Investment Policy Draft Resolution 19. $: Consider the Mitigation Fee Act, the Annual and Five-Year Report for FiscaI Year (FY) 2020/2021 Page 6 City Council Agenda December 7 2021 Recommended Action: 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 Fiscal Year (FY) Ending June 30 and Making Required Findings" Staff Reoort A - Annual and Five-Year Report for the Fiscal Year ending June 30, 2021 B - Draft Resolution 20. $: Consider authorizing execution of a Custodial Services Contract for Citywide Custodial Services Recornrnended Action: Authorize the City Manager to execute the Custodial Services Contract between the City of Cupertino and IMPEC Group Inc. (IMPEC) to provide custodial services at various City facilities for three years, at an annual amount not-to-exceed $1/062,364.61; and if performance is satisfactory, fonowed by up to two additional years of service at an annual amount adjusted by the Consumer Price Index (CPI) A - City of Cupertino Facilities Receiving Custodial Services B - Draft Contract for Custodial Services 21. $: Consider authorization to execute a Design Professional Services Agreement between the City of Cupertino and MIG, Inc., for the All-Inclusive Playground at Jollyman Park RecornrnendedAction: 1. Authorize the City Manager to execute a Design Professional Services Agreement between the City and MIG, Inc. (MIG) to provide design services for the All-Inclusive Playground (AIPG) at Jollyman Park in the amount of $389,511; and 2. Authorize the Director of Public Works to execute any necessary services or *ange orders, up to a contingency amount of $77,900, for a total appropriation of $467,411 Staff Report A - Draft Agreement 22. $: Consider authorization to execute a Design Professional Services Agreement between the City of Cupertino and MIG, Inc. for the Lawrence-Mitty Park and Trail Master Plan RecornmendedAction: 1. Authorize the City Manager to execute a Design Professional Services Agreement between the City and MIG, Inc. (MIG) to provide design services for the Lawrence-Mitty Master Plan in the amount of $293,784; and 2. Authorize the Director of Public Works to execute any necessary services or change orders, up to a contingency amount of $50,000, for a total appropriation of $343,784 Staff Reoort A - Draft Design Professional Agreement Page 7 City Council Agenda December 7 2021 23. $: Consider a second amendment to Agreement 149, a Master Agreement between the City of Cupertino and CSG Consultants, Inc. for Consultant Construction Management services for various capital improvement projects Recommended Action: Authorize the City Manager to execute the Second Amendment to Agreement 149, a Master Agreement between the City of Cupertino and CSG Consultants, Inc., increasing the appropriation by $200,000 for a total appropriation of $738,045 Staff Report A - Draft Second Amendment to Agreement 149 between the City of Cupertino and CSG Consultants, 24. $: Consider donations from the Library Foundation for the Cupertino Library Expansion Project Recommended Action: Authorize the City of Cupertino to accept all monetary donations from the Cupertino Library Foundation for the Library Expansion Project (Project No. 2020-03) in accordance with the City Donation Policy (Attachment A) Staff Report A - Resolution 17-102 and Attached Donation Policy B - Completed Standard Donation Form 25. $: Application for Alcohol Beverage License for Chocobiscuits Inc (dba Cap't Loui), 19700 Vallco Parkway, Ste. 150 Recommended Action: Recommend approval to the California Department of Alcoholic Beverage Control of the application for Alcohol Beverage License for Chocobiscuits Inc (dba Cap't Loui), 19700 Vallco Parkway, Ste. 150 Staff Report A - Application 26. $: Application for Alcohol Beverage License for Dough Zone NCAO8 LLC (dba Dough Zone Durnpling House), 19600 Vallco Parkway, Ste. 130 Recommended Action: Recommend approval to the California Department of Alcoholic Beverage Control of the application for Alcohol Beverage License for Dough Zone NCAO8 LLC (dba Dough Zone Dumpling House), 19600 Vallco Parkway, Ste. 130 Staff Report A - Application 27. $: Application for Alcohol Beverage License for Hanlin Tea Room, Inc. (dba Hanlin Tea Room), 10271 Torre Avenue Recommended Action: Recommend approval to the California Department of Alcoholic Beverage Control of the application for Alcohol Beverage License for Hanlin Tea Room, Inc. (dba Hanlin Tea Room), 10271 Torre Avenue Page 8 City Council Agenda December 7 2021 A - Application 28. $: Application for Alcohol Beverage License for 20010 Partners LLC (dba Sweet Maple), 20010 Stevens Creek Boulevard Recornrnended Action: Recommend approval to the California Department of Alcoholic Beverage Control of the application for Alcohol Beverage License for 20010 Partners LLC (dba Sweet Maple), 20010 Stevens Creek Blvd Staff Report A - Application SECOND READING OF ORDINANCES 29. $: Consider conducting a second reading of an ordinance to make minor and technical corrections to the Cupertino Municipal Code as follows: (1) enacting new Sections 2.36.085 and 2.74.075 and new Chapter 2.110; (2) amending Sections 1.12.010, 2.48.020, 2.60.050, 2.68.050, 2.74.040, 2.80.090, 2.86.070, 2.92.090, 3.23.060, 8.06.030, 14.04.125, 14.18.090, 16.52.043, 16.52.053, 18.04.020, 19.102.030, and 19.104.220 and Table 19.124.040; and (3) repealing Section 11.08.020 Recommended Action: That the City Council conduct the second reading and enact Ordinance No. 21-2234: "An Ordinance of the City Council of the City of Cupertino to update the Municipal Code to improve City operations and bring the Cupertino Municipal Code up to date by (1) enacting new Sections 2.36.085 and 2.74.075 and new Chapter 2.110; (2) amending Sections 1.12.010, 2.48.020, 2.60.050, 2.68.050, 2.74.040, 2.80.090, 2.86.070, 2.92.090, 3.23.060, 8.06.030, 14.04.125, 14.18.090, 16.52.043, 16.52.053, 18.04.020, 19.102.030, and 19.104.220 and Table 19.124.040; and (3) repealing section 11.08.020" A - Draft Ordinance PUBLIC HEARINGS 30. $: Consider modifications to the approved Westport Development project which include adjusting unit mix in the assisted living facility (Building 1) to 123 assisted living units 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 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) Page 9 City Council Agenda December 7 2021 Recommended 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 Architectural 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), Architectural and Site Approval Permit (ASA-2021-002), and Heart of the City Exception (EXC-2021- 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 - Letter from Matthew Witte and Mark Alexander to Cupertino City Staff & Council dated October 4 2021 F - Project Plans ORDINANCES AND ACTION ITEMS 31. $: 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 19.112.060 to adopt standards for ministerial approval of duplexes and lot splits in single-family residence districts" Staff Reoort A - Draft Interim Ordinance No. 22- 2235 B - Senate Bill9 (2021, Atkins) ORAL COMMUNICATIONS - CONTINUED (As necessary) COUNCIL AND ST AFF COMMENTS AND FUTURE AGENDA ITEMS ADJOURNMENT 32. l: Adjourn in memory of City of Cupertino employee Edwin Gutierrez Page 10 City Council Agenda December 7 2021 The Cih) of Cupert'mo has adopted the provisiorys of Code of Civi( Procedure §1094.6; (itigation chal7enging a final decision of the Cih) Council must be brought roith'm 90 days after a decision is armounced urdess a shorter time is required by State or Federal Law. Prior to seeking judicial review of any adjudicatory (quasi-judicial) decisiort, irxterested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City's decision. Reconsideratio;n petitions must comply with the requiremertts of Cupertino Municipal Code §2.08.096. Co;ntact the Cih) Clerk's office for more information or go to http://roww.cupertino.org/cih)clerk for a recortsideratiort petition form. Irt compliance with the Americans with Disabi7ities Act (ADA), artyone who is plartn'mg 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 advartce of the meeting to arrartge for assistance. by additiort, upon request, in adva;nce, by a persort roith a disability, meeting agendas and writirtgs distributed for the meet'mg that are public records zoil7 be made ava'dable in the appropriate alter;native format. Any writings or documents provided to a majority of the Cupert'mo City Council after publication oj the packet will be made available for public inspection in the City Clerk's Office located at City Hall, 10300 Torre Avertue, Cupertino, Ca7ifornia 95014, during normal business hours; and in Courtcil packet archives linked from the agertda/minutes page on the Cupertirto web site. IMPORTANT NOTICE: P4ease be advised that pursuant to Cupertino Municipa7 Code section 2.08.100 written communicatiorts sent to the Cupertino Ci% Council, Commissioners or Cih) staff concerrting a matter on the agenda are included as supp7emerxta7 material to the agendized item. These written commurticatiorts are accessible to the public through the City's website and kept'm packet archives. Do not'mclude any personal or private i4ormation irt written communications to the City that you do not roish to make public, as writtert communications are considered public records and will be made publicly available O?2 the City website. Page 1l 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 - SantaClaraValleyWaterCommissionandWaterDistrict - 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. l. UxNlllllllalffil III.IIFIIIII 11 rni nn.itiit ni nn n. u m n n.llllllF.lllllllUl l I I 1111 Alll Ijl 111 II I llllIllllJlullluNAtlljllllnlllllll.TI.ml DI llIllNlallllOljlNlflU.IljllAIfflllllalaallN llllllll 1111{ImuuuU.lljj.lull_LlU I 1111111011 } I i 1 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. l: