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Home My WebLink AboutCC - 11.16.2021CITY OF f)['ATE OF CALIFORNIA 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, November 16to the Council at citycouncil@cupertino.org. These e-mail comments will also be forwarded to Councilmembers by the City Clerk's office before the meeting and posted to the City's website after the meeting. 2) E-mail comments during the times for public comment during the meeting to the City Clerk at cityclerk@cupertino.org. The City Clerk will read the emails into the record, and display any attachments on the screen, for up to 3 minutes (subject to the Mayor's discretion to shorten time for public comments). Members of the public that wish to share a document must email cityclerk@cupertino.org prior to speaking. 3) Teleconferencing Instructions Members of the public may provide oral public comments during the teleconference meeting as follows: Page I City.Council Agenda .Novemberl6,2021 Oral public comments will be accepted dttring the teleconference meeting. Comments may be made during "oral communications" 'for matters not on the agenda, and during the public comment period for each agenda item. To address the City Council, click on the 7ink below to register in advance and access the meeting: Online httns':7/citjof?upertino.zoom.us/webmjr'/rrgister/WN5c2LdpUmQeWOOGFz94sChQ Phone Dial: 669-900-6833 and enter Webinar ID: 924 9860 4363 (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: 924 9860 4363 SIP: 92498604363@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 hame, 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, dick 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 November 16, 2021 In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend this teleconference City Council meeting who is visually or hearing impaired or has any disability that needs special assistance should call the City Clerk's Office at 408-777-3223, at least 48 hours in advance of the Council meeting to arrange for assistance. In addition, upon request, in advance, by a person with a disability, City Council meeting agendas and writings distributed for the meeting that are public records will be made available in the appropriate alternative format. NOTICE AND 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, November 16, 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 ROLL CALL - 5:15 PM STUDY SESSION 1. $: Housing Element Update: Sites inventory and upcoming community engagement Recommended Action: That the City Council receive the report and provide input to staff on the sites inventory and community engagement. Staff Repoort Attaaiment A - EMC Planning Group Report Attachment A.I - ABAG Draft RHNA Methodology Report 2023-2032 (Appendix 4, Santa Clara Attachment A.2 - General Plan Excerpts of Special Areas and Neighborhood Maps 2.$: Consider Climate Action Plan Update draft measures Recommended Action: Provide input on Climate Action Plan Update draft measures Staff Ret+ort A - Draft CAP Update Measures and Actions B - Workshop Summaries C - Survey Results ADJOURNMENT Page 3 City Council Agenda November 16, 2021 REGULAR MEETING PLEDGE OF ALLEGIANCE - 6:45 PM ROLL CALL ORDERS OF THE DAY CEREMONIAL MATTERS AND PRESENT ATIONS 1.$: Proclamation to Women Impacting Public Policy (WIPP) and the Small Business Saturday Coalition supporting Small Business Saturday in Cupertino Recommended Action: Present proclamation to Women Impacting Public Policy (WIPP) and the Small Business Saturday Coalition supporting Small Business Saturday in Cupertino A -Proclamation POSTPONEMENTS ORAL COMMUNICATIONS This portion of the meetirxg is reserved for persons wishing to address the Counci( on any matter within the jurisdiction of the Counci7 and not on the agenda. The total time for Ora7 Communications will ordinarily be 7imited to one hour. Individual speakers are limited to three (3) minutes. As necessary, the Chair may further limit the time allowed to individual speakers, or reschedtde remairxing comments to the ertd of the meetirtg on a first come first heard basis, with priority givert to students. In most cases, State Law roill prohibit the Council from discussi;ng or making any decisions with respect to a matter not listed on the agertda. A councilmember may, however, briefly respond to statemertts made or questions posed by speakers. A counc'dmember may also ask a question for clarification, provide a reference for factual irtformation, request staff to report back concernirtg a matter, or request that art item be added to a future City Counc'd agertda in resportse to public commertt. REPORTS BY COUNCIL AND STAFF (10 minutes) 2.l: Brief reports on councilmember activities and brief announcements Recommended Action: Receive brief reports on councilmember activities and brief announcements 3. $: Report on Committee assignments Recommended Action: Report on Committee assignments 4. Page 4 City Council Agenda November 16, 2021 CONSENT CALENDAR (Items 5-13) Urdess there are separate discussions and/or actions requested by council, staff or a member of the public, it is requested that items under the Consent Calendar be acted on sim'tdtaneously. 5. $: Approve the November 2 City Council rninrites Recommended Action: Approve the November 2 City Council minutes A - Draft Minutes l: Department of Housing and Community Development (HCD) Permanent Local Housing Allocation Funding (PHLA) Grants Program Application Recommended Action: Adopt Resolution No. 21-100 authorizing application for, and receipt of, PHLA Grants Program Funds Staff Report A - Draft Resolution (County of Santa Clara PLHA Consortium) B - Sample Consortiiun Agreement $: Adopt a resolution increasing the employer's contribution for medical and hospitalization insurance consistent with the Public Employees' Medical and Hospital Care Act ("PEMHCA" or the "Act") for the Unrepresented (Management and Confidential), Cupertino Employees' Association (Employees Association), Operating Engineers, Local Union No. 3 (Operating Engineers), Appointed (City Attorney and City Manager), Elected Official groups and retired annuitants. Recornrnended Action: 1. Adopt Resolution No. 21-101fixing the employer contribution tu'ider the public employees' medical and hospital care act at an equal amount for employees and annuitants. (Employees and Annuitants hired prior to August 1, 2004). 2. Adopt Resolution No. 21-102 fixing the employer's contribution for public agency vesting under section 22893 of the public employees' Medical and Hospital Care Act. (Retirees hired on/after August 1, 2004). Staff Reoort A - Draft Resolution Employees and At'u"iuitants Hired Prior to August 1, 2004 B - Draft Resolution Retirees hired on after August 1, 2004 $: Accept Accounts Payable for the period ending October 4, 2021 Recornrnended Action: Adopt Resolution No. 21-103 accepting Accounts Payable for the period ending October 4, 2021 A - Draft Resolution B - AP Report 9. l: Accept Accounts Payable for the period ending October 11, 2021 Recommended Action: Adopt Resolution No. 21-104 accepting Accounts Payable for the period ending October 11, 2021 Page 5 City Council Agenda November 16, 2021 A - Draft Resolution B - AP Report 10. $: Accept Accounts Payable for the period ending October 18, 2021 Recommended Action: Adopt Resolution No. 21-105 accepting Accounts Payable for the period ending October 18, 2021 A - Draft Resolution B - AP Report 11. $: Accept Accounts Payable for the period ending October 25, 2021 Recommended Action: Adopt Resolution No. 21-106 accepting Accotu"its Payable for the period ending October 25, 2021 A - Draft Resolution B - AP Report 12. $: Consider accepting Treasurer's Investment Report for period ending September 30, 2021 Recommended Action: Consider accepting Treasurer's Investment Report for period ending September 30, 2021 A - Treasurer's Investment Report 9.30.2021 B - WF Custodial Statement 9.30.2021 C - LAIF Statement 9.30.2021 D - WF Operating Statement 9.30.2021 E - WF Operating Statement 9.30.2021 13. $: 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 Reoort A - Resolution 17-102 and Attached Donation Policy B - Completed Standard Donation Form SECOND READING OF ORDINANCES - None PUBLIC HEARINGS - None ORDINANCES AND ACTION ITEMS 14. $: Consider appointment of the selected candidate as City Manager, approval of the employment agreement, and amending the Appointed Employee's Compensation Program Page 6 City Council Agenda November 16, 2021 Recommended Action: Appoint the selected candidate as City Manager, effective January 3, 2022; authorize the Mayor to execute the Employment Agreement for City Manager; and adopt Resolution No. 21-107to amend the Appointed Employees Compensation Program 15. $: City Manager's First Quarter Financial Report for Fiscal Year 2021-22 Recommended Action: Consider adopting Resolution No. 21-108which approves Budget Modification #2122-167 increasing appropriations and revenues by $1,601,245 and $495,289, respectively. Staff Reoort A - FY 2021-22 First 0uarter Finan6al Report B - Draft Resolution C - Detailed Description of Year End Adjustments Made Through 9-30-21 D - Budget Transfers made through 9.30.21 E - First 0uarter Budget Adjustment Journal 16. $: Consider approval of a Final Map, the Subdivision Improvement Agreement, and the Affordable Housing ReguIatory Agreement and DecIaration of Restrictive Covenants (the BMR Agreement) for Westport Cupertino Development Project; Tract No. 10579; Applicant: 190 West St. James, LLC (KT Urban); Location: 21267 Stevens Creek Boulevard; APN #326-27-042 & 043. Recommended Action: Adopt Resolution No 21-109: 1) Approving the final map; 2) Accepting the street dedication and public service easements and abandoning redundant public roadway and drainage easements as shown on the map; 3) Authorizing the City Engineer to execute and record the Subdivision Improvement Agreement; 4) Authorizing the City Manager to execute and record the Affordable Housing Regulatory Agreement and Declaration of Restrictive Covenants (the BMR Agreement); and 5) Consider a request for deferral of payment for parkland dedication in-lieu fees. Staff Report A - Draft Resolution B - Final Map C - Subdivision Improvement Agreement D - Affordable Housing Regulatory Agreement and Declaration of Restrictive Covenants 17. $: Consider conducting a first reading of an ordinance that prohibits parking along the west side of Vista Drive between Forest Avenue and Merritt Drive, and aIong the south side of Merritt Drive between Vista Drive and the western end, to accommodate the construction of a Class IV bicycIe Ianes. Page 7 City Council Agenda Novembet 16, 2021 Recommended Action: Conduct the first reading of Ordinance No. 21-2233, "An Ordinance of the City Council of the City of Cupertino amending Table 11.24.150 of the Cupertino Municipal Code Relating to Prohibition of Parking Along Certain Streets. A - Draft Ordinance B - Bike Path Alignment and Proposed On-Street Parking Prohibition C - September 7, 2021 Letter to Property Owners D - October 26, 2021 Letter to Property Owners 18. $: Consider conducting a first 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 first reading of 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 ORAL COMMUNICATIONS - CONTINUED (As necessary) COUNCIL AND ST AFF COMMENTS AND FUTURE AGENDA ITEMS ADJOURNMENT The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6; Jitigation cha7lenging a final decision of the City Counci( must be brought within 90 days after a decisiort is artnounced artless a shorter time is required by State or Federal raw. Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must fde a petition for recortsideration withirt ten calendar days of the date the City Clerk mails notice of the City's decision. Re,corxsideration petitions must comply zoith the requirements of Cuperti;no Municipal Code §2.08.096. Corttact the City Clerk's office for more'mformation or go to http://www.cupertirto.org/cityclerk for a recortsideration petitiort form. bat compliance with the Americans with Disabilities Act (ADA), anyone who is plartnirtg to attend this teleconference meeting who is visually or hearing impaired or has any disabilih) that needs special Page 8 City Council Agenda November 16, 2021 assistance should call the City Clerk's Office at 408-777-3223, at least 48 hours in advance of the meeting to arrange for assistance. by addition, upon request, in advance, by a person zoith a disability, meeting agendas arid writirtgs distributed for the meeting that are public records wil7 be made available in the appropriate a7ter;hative format. Arxy writings or documents provided to a majority of the Cupertino City Council after publication of the packet will be made avai(able for public inspection in the Cih) Clerk's Office Located at City Hall 10300 Torre Avenue, Cupertino, California 95014, during normal business hours; and in Cotmci7 packet archives linked from the agenda/minutes page ort the Cupertino roeb site. IMPORTANT NOTICE: P4ease be advised that pursuant to Cupertino Municipar Code section 2.08.l00written communications sent to the Cupertino Cih) Courxcil Commissioners or Cih) staff concerning a matter on the agenda are included as supplementa7 materia7 to the agendized item. These written communications are accessible to the public through the City's website and kept in packet archives. Do not include any personal or private information in writtert communications to the City that you do not wish to make pub7ic, as written communications are considered public records and will be made publicly avai7able on the City website. Page 9 THE CITY COUNCIL AND ST AFF CITY COUNCII Cupertino is a General Law city organized under and subject to statutes of the State of California. It is governed by the five-member City Council with the Mayor as the presiding officer. City Council members are elected at-large to four-year, overlapping terms. Each November a mayor and a vice-mayor are selected by the City Council for a one- year term. The City Council receives advice and assistance from eleven advisory bodies, which are appointed by the Council. These are the Audit Committee, Bicycle Pedestrian Commission, Fine Arts Commission, Housing Commission, Library Commission, Parks and Recreation Commission, Planning Commission, Public Safety Commission, Sustainability Commission, Teen Commission, and Technology, Information, and Communications Commission. Council members also serve on a variety of regional bodies, including: - Association of Bay Area Governments - League of California Cities - Santa Clara County (SCC) Cities Association - SCC Emergency Preparedness Council - SCC Library District - SCC Emergency Preparedness Commission - Santa Clara Valley Water Commission and Water District - SCC Transportation Authoritym - West Valley Mayors and Managers STAFF The City Manager and the City Attorney are appointed by the Council. The City Manager is responsible for interpreting and carrying out Council policies and direction, and as the chief administrative officer, the City Manager coordinates the many activities of the city and appoints the professional and technical staff. The City Attorney is the advisor to the City Council as a whole. TYPES OF COUNCIL ACTIONS ORDINANCES Ordinances are the means by which the City enacts its local laws. Unless an urgent situation exists, ordinances will first be presented at a Council meeting as a "first reading." At a subsequent Council meeting, there will be a "second reading and adoption." Ordinances go into effect after a waiting period of thirty days, in most cases, during which time the summary of the ordinance is published in a local newspaper approved for this purpose. RESOLUTIONS Resolutions and minute orders are the means by which the City Council formally adopts policies or approves specific actions. These go into effect when adopted. APPEALS Any interested person, including a Council member, may appeal a Planning Commission or Director of Community Development decision to the City Council. An appeal must be submitted in writing to the City Clerk within 14 calendar days of the mailing of the notice of the decision. RECONSIDERATION Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City's decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's office for more information or go to www.http://www.cupertino.org/index.aspx?page=l25 for a reconsideration petition form. COMMUNICATING WITH COUNCIL All Council members: citycouncil@cupertino.org DarcyPaul DPaul@cupertino.org (408)777-3195 Liang Chao LiangChao@cupertino.org (408) 777-3192 Kitty Moore Kmoore@cupertino.org (408) 777-1398 HungWei HWei@cupertino.org (408)777-3139 Jon Robert Wil!ey 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 dav of the meeting as this does not provide enough time to give the materials fair evaluation. If you must provide written materials on the day of the meeting, as least one copy must be given to the City Clerk for the permanent record, and ten copies are preferred. NEWS AND NOTICES FROM CITY HALL EMAIL Sign up for e-notification of agendas, elections, and other news on the city website at www.cupertino.org/notify TELEVISION The City Channel broadcasts City Council and Planning Commission meetings, as well as agenda previews, public serviceannouncements,andotherprogramsofcommunityinterest,onChannel26inCupertino. Themeetings are shown at these times: Tuesday (live) 6:45 p.m. Friday (replay) 10:00 a.m. Thursday (replay) 7:00p.m. Saturday (replay) 9:00a.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 i Tune into Radio Cupertino, 1670 AM, for meeting announcements, public service messages, and emergency a nnou ncements. USEFULTELEPHONE NUMBERS 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 I Gas & Electricity Pacific Gas & Electric (PG&E) 1-800-743-5000 Recreation & Community Quinlan Community Center (408) 777-3120 Services Police(Emergency) SantaClaraCountySheriff dispatch 911 I Police (Non-Emergency) Santa Clara County Sheriff (408) 868-6600 Public Health Santa Clara County Public Health (408) 732-3720 SanitarySewers Cupertino Sanitary District (408) 253-7071 Water SanJoseWater (408)279-7900 CaliforniaWater (650)917-0152