HomeMy WebLinkAboutCC - 09.07.2021CITY OF
CUPERTINO
MENT. STATE tit"IL;ER PEN.'-LTY OF
TELECONFERENCE MEETING WITHOUT A PHYSICAL LOCATION
For more information:
(408) 777-3200 l www.cuper+ino.org
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CONDUCT OF BUSINESS
The Mayor is the presiding officer of the City Council. Any member'of
the public may speak on any item on the agenda for up. 4o three
minutes. All statements and questions must be addressed to the
Mayor.
City Council hearings serve as a venue for the discussion of sometimes
divergent points of view. Please respect the opinions of others and
refrain from cheering or clapping. Th.at may.delay the me:eting or
intimidate other persons wishing to express alternate views, Actions
that disrupt the meeting will result in a warning, followed by removal
if disruption continues.
Oral public comments will be acceptedJurirlg, tjie_telegqpference
meeting. Comments may be made during "oral communicatlons" for
matters not on the agenda, and during the public comment period for
each agenda item. Identifying yourself is voluntary and not required to
attend the meeting or provide comments.
PUBLIC HEARINGS
The City Council is required by law to
hold public hearings on certain matters
prior to making its decision. Notice to
interested parties is given by legal
advertisement in the local newspaper of
general circulation at least 10 calendar
days preceding the hearing date.
Applications requiring public hearings
include change of zoning, variances, use
permits, and tentative maps.
COUNCIL MEETINGS
The City Council regularly meets the first
and third Tuesdays of each month. These
meetings are held at 6:45 p.m. Closed
sessions, when needed, are normally held
at 6:00 p.m. Closed sessions cover items
such as personnel, litigation, or the sale,
purchase, or lease of property. The law
requires certain actions taken in closed
session to be reported in open session.
Urgent business, holidays, or election
days may trigger special or adjourned
meetings. These meetings will be noticed
beforehand.
AGENDAS, MINUTES, AND PACKETS
AV AILABLE ON THE WEB
Agendas, minutes, and packets for
current and prior City Council and
Planning Commission meetings are
available at www.cupertino.org, or you
can purchase the items on CD.
CITY COUNCIL DECISION IS FINAL
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.as
for a reconsideration
petition form.
I
FLOWCHART FOR HEARING ITEMS:
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Council holds initial discussions
and/or a Councilmember makes a
city Council motion and obtains a second.
votes on the
agendaitem The City Council then discusses and
deliberates on the motion(s) and
VOtes.
CUPERTINO
CITY OF CUPERTINO
AGENDA
CITY COUNCIL
This will be a teleconference meeting without a physical location.
Tuesday, September 7, 2021
6:45 PM
Televised Regular Meeting
TELECONFERENCE / PUBLIC PARTICIPATION INFORMATION TO HELP STOP THE
SPREAD OF COVID-19
In accordance with Governor Newsom's Executive Order No-29-20, 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 4:30p.m. on Tuesday, September 7to the Council at
citycouncil@cupertino.org. These e-mail comments will also be fomarded to
Councilmembers by the City Clerk's office before the meeting and posted to the City's
website after the meeting.
2) E-mail comments during the times for public comment during the meeting to the City
Clerk at cityclerk@cupertino.org. The City Clerk will read the emails into the record, and
display any attachments on the screen, for up to 3minutes (subject to the Mayor's
discretion to shorten time for public comments). Members of the public that wish to share a
document must email cityclerk@cupertino.org prior to speaking.
3) Teleconferencing Instructions
Members of the public may provide oral public comments during the teleconference
meeting as follows:
Page I
City Council Agenda September 7, 2021
Oral public comments will be accepted during 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 Iink below to register in advance and access the
meeting:
Online
Register in advance for this webinar:
https://cityofcupertino.zoom.us/webinar/register/WNCFzjR-TfShWh2t-lNQ7FRA
Phone
Dial: 669-900-6833 and enter Webinar ID: 953 8500 7073 (Type '9 to raise hand to speak, *6 to
unmute youtself). Unregistered participants will be called on by the Iast four digits of their
phone number.
Or an H.323/SIP room system.
H.323:
162.255.37.11 (US Went)
Meeting ID: 953 8500 7073
SIP: 95385007073@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 Iimit your remarks to the time allotted and the specific agenda topic.
Page 2
City Council Agenda September 7, 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[EGIANCE
ROLL CALL
CEREMONIAL MATTERS AND PRESENT ATIONS
1.l: Proclamation recognizing September as National Preparedness Month (NPM)
Recommended Action: Present proclamation recognizing September as National
Preparedness Month (NPM)
A - Proclamation
POSTPONEMENTS AND ORDERS OF THE DAY
ORAL COMMUNICATIONS
This portion of the meeting is reserved for persons zoishing to address the Council on any matter within
the jurisdiction of the Council and not on the agenda. The total time for Oral Communications will
ord'marily be Limited to one hour. Individua7 speakers are Limited to three (3) m'mutes. As rtecessary, the
Chair may further limit the time allowed to individual speakers, or reschedu7e remainirtg comments to
the end of the meet'mg on a first come first heard basis, with priority given to students. In most cases,
State 7aw wig( prohibit the Council from discussing or making any decisions with respect to a matter
ryot Listed 07? the agertda. A councilmember may, hozoever, briefiy respond to statements made or
questions posed by speakers. A courtcilmember may also ask a question for c7arification, provide a
referertce for factual'mformation, request staff to report back concerning a matter, or request that an
item be added to a future City Courxcil agenda in response to public comment.
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. $: City Manager update on emergency response efforts
Recornrnended Action: Receive City Manager update on emergency response efforts
Page 3
City Council Agenda September 7, 2021
4. $: Report on Committee assignments
Recommended Action: Report on Committee assignments
CONSENT CALENDAR (Items 5-10)
?btless there are separate discussions and/or actiorts requested by courtcil, staff or a member of the
pub7ic, it is requested that items urtder the Consertt Calendar be acted ort simultaneously.
5. $: Approve the August 17 City Council minutes
Recommended Action: Approve the August 17 City CounciI minutes
A - Draft Minrites
$: Approve the August 24 City Council minutes
Recommended Action: Approve the August 24 City Council minutes
A - Draft Minutes
Consider adopting a resolution allowing Sudha Kasamsetty and Adhya
Kasamsetty to serve simultaneously as commissioners on the Teen Commission and
Fine Arts Commission, respectively
Recommended Action: Adopt Resolution No. 21-080 allowing Sudha Kasamsetty and
Adhya Kasamsetty to serve simultaneously as cornrnissioners
A - Draft Resolution
Consider amending the Council Committee Assignments to designate a voting
delegate and up to two alternate voting deIegates to vote at the General AssembIy
during the 2021 League of California Cities Annual Conference
Recommended Action: Approve amendments to the Council Committee Assignments
to designate Vice Mayor Chao as the voting delegate and Councilmember Moore and
Councilmember Wei as the alternate voting delegates to vote at the General Assembly
during the 2021 League of California Cities Annual Conference
A - 2021 Council Committee Assignments Clean
B - 2021 Corincil Committee Assignments Redline
C - Annual Conference Voting Procedures
$: Approve use of American Rescue Plan Act of 2021 funding allocation and
approve Budget Modification #2122-162 increasing appropriations in the General Fund
(100-90-001 page 583 of the FY 2021-22 Adopted Budget) by $4,847,386.50 and revenues
in the GeneraI Fund by $4,847,386.50 as shown in Attadunent C.
Page 4
City Council Agenda September 7, 2021
Recommended Action: Approve use of American Rescue Plan Act of 2021 funding
allocation and approve Budget Modification #2122-162 increasing appropriations in the
General Fund (100-90-001 page 583 of the FY 2021-22 Adopted Budget) by $4,847,386.50
and revenues in the General Fund by $4,847,386.50 as shown in Attachment C.
ARP Staff Report
A - U.S. Department of the Treasury Interim Final Iule
B - Revenue Loss Calailation
C - Budget Adjustment
10. $: Consideration of a Professional Services Agreement for Plan Check Services
for the Westport Cupertino Project (Continued from August 17, 2021)
Recornrnended Action: That City Council consider authorizing the City Manager to
sign a Professional Services Agreement with ICCI and NV5 to provide plan check
services for the proposed Westport Cupertino project in the amount not-to-exceed
$300,000 and, consider approving Budget Modification #2122-161 increasing
appropriations by $300,000 and increasing revenues by $461,000 in the Community
Development Department's Building Division (100-73-714)
Staff Report
A - Draft Contract - ICCI
B - Draft Contract - NV5
SECOND READING OF ORDINANCES - None
PUBLIC HEARINGS
11. $: Consider approving a Vesting Tentative Map to replace a previously approved
Vesting Tentative Map (TM-2018-03) for the Westport Cupertino development project
to create a separate parcel for the age restricted senior below market rate building. City
approval would be a Vesting Tentative Map; (Application No(s): TM-2021-002;
Applicant(s): KT Urban (Mark Tersini); Location: 21267 Stevens Creek Boulevard; APN
#326-27-042, -043
Recommended Action: City Council consider the evidence presented and determine
whether the project can be approved in accordance with the Resoltition No. 21-081 to
approve the Vesting Tentative Map (TM-2021-002).
Page 5
City Council Agenda September 7, 2021
A - Draft Resolution for Ta#I-2021-002
B - Planning Commission Resolution No. 6927
C - Project Plans
D - Letter from Mike Kelly, The Pacific Company, to the Planning Coinmission, titled Westport
Cupertino - Parcel Reqiirement, dated Jrine 28, 2021
E - Letter from Mark Tersini KT Urban to the Planning Commission titled Westport Project Tentative
Nap Application No TM-2021-002 dated June 28 2021
F - Memorai'idrun from Frederick Venter, P.E. and Anthony Nuti, Kimley Horn and Associates to Mark
Tersiin, KT Urban, titled Westport Cupertino - Transportation Analysis, dated November 27, 2018.
G - MeInOrandllln frOfll Fredertck Ventert P.E. Of Kirnley Horn and ASSOClateS tO Mark Terstnlt KT
Urban, titled Westport Cupertiiio - Altemative Proposal: Trip Generation Corporation, dated March 27,
2020.
H - Memoraiidum from Frederick Venter, P.E. and Anthony Nuti, Kimlev Horn and Associates to Mark
Tersini, KT Urban, titled Approved Westport Trip Generation, dated Ju'ie 7, 2021.
ORDINANCES AND ACTION ITEMS
12. $: Status Report on the Vanco Town Center SB 35 Development Project
Recommended Action: Accept report
A - Detailed Stahis Report on the Vallco SB 35 Development Project
ORAL COMMUNICATIONS - CONTINUED (As necessary)
COUNCIL AND ST AFF COMMENTS AND FUTURE AGENDA ITEMS
ADJOURNMENT
The Cih) of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6; Litigation
challenging a final decision of the City Council must be brought zoithirt 90 days after a decision is
announced unless a shorter time is required by State or Federal law.
Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must
file a petitiort for reconsideration within tert calendar days of the date the City Clerk mails notice of the
Cih)'s decision. Reconsideratiort petitiorts must comply with the requirements of Cupertino Municipal
Code §2.08.096. Contact the Cih) Clerk's office for more information or go to
http:/lwww.cupertino.org/cih)c7erk for a reconsideratiort petition form.
In compliance with the Americans with Disabilities Act (ADA), anyone zoho is plannirtg to attend this
teleco4erence meeti;ng':[(7/2Cl is visually or hearing impaired or has arty disability that needs special
assistance shouU call the City Clerk's Office at 408-777-3223, at 7east 48 hours irt advance of the
meeting to arrange for assistance. by addition, upon request, irt advance, by a person with a disabi7ih),
meeting agertdas and writings distributed for the meeting that are public records zoill be made available
in the appropriate alterrtative format.
Page 6
City Council Agenda September 7, 2021
Any writings or documents provided to a majorih) of the Cupertino City Council after publication of
the packet zoill be made avai)aMe for pub7ic inspection in the Cih) Clerk's Office located at City Hall,
10300 Torre Avenue, Cupertirto, California 95014, during normal business hours; and in Cotmcil
packet archives linked from the agertda/minutes page on the Cupertirto web site.
IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipa7 Code section
2.08.l00written communications sent to the Cupertino Cih) Council, Commissioners or Cih) staff
concerning a matter on the agenda are included as supplemental materia'L to the agendized item. These
written communicatiorts are accessible to the public through the City's website and kept'm packet
archives. Do not include arty persorta( or private information in written communications to the Cih)
that you do not wish to make public, as zoritten communications are considered public records and voill
be made publicly available on the Cih) website.
Page 7
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 Counci
SCC Library District
SCC Emergency Preparedness Commission
Santa Clara Valley Water Commission and Water District
SCCTransportation 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 perior3 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.
APPEAIS
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 i
reconsideration petition form.
COMMUNICATING WITH COUNCIL
All Council members:
Darcy Pau
Liang Chao
Kitty Moore
Hung Wei
Jon Robert Willey
Executive Assistant
City Hal
citycouncil@cupertino.org
DPaul@cupertino.org
LiangChao@cu pertino.org
Kmoore@cupertino.org
HWei@cupertino.org
JWilley@cupertino.org
AshleyS@cupertino.org
www.cu perti no.org
408 777-3195
408 777-3192
408 777-1398
408 777-3139
408 777-3193
408 777-8204
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
service announcements, and other programs of community interest, on Channel 26 in Cupertino. The meetings
are shown at these times:
Tuesday (live) 6:45 p.m.
Thursday (replay) 7:00 p.m.
INTERNET
Friday (replay) 10:00 a.m.
Saturday (replay) 9:00a.m.
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.
USEFUL TELEPHONE 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
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) SantaClaraCountySheriff (408)868-6600
Public Health Santa Clara County Public Health (408) 732-3720
SanitarySewers CupertinoSanitaryDistrict (408) 253-7071
Water SanJoseWater (408)279-7900
CaliforniaWater (650)917-0152