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HomeMy WebLinkAboutCC - 08.17.2021CITY OF STATE OF CALIFORNIA UM E-I I k' br;"i I%J\I CUPERTINO DEFA RJC- MENT, S'T'AI'E ttr.iLCiER PENALTY CF WIYI l STED J!CHE N i 2 aAGENDA ON Tt-IE TELECONFERENCE MEETING WITHOUT A PHYSICAL LOCATION For more information: (408) 777-3200 I www.cuper+ino.org CONDUCTOFBUSINESS i 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 to 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. That may delay the meeting 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 accepted during the telecor)ference meeting. Comments may be made during "oral communications" 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. FLOWCHART FOR HEARING ITEMS: Maaygoern%taroidteumces I vCios:utsncorlmoeumtsbi:erscormepmou'n:caantyionssfe. i mrecommenahOn ,__l Cquoeusntcioilnmsembersaskclarifying + / Applicant or / Councilmembers ask questions. / Appellant makes / 4__1 For appeals of approvals, the / presentation / 'l applicantmayrespondto / (up to 10 mins.) / i appellants presentation. + Mayorinvitesmembersof 4--1 Speakers submit a Request to the public to speak about i Speak card, and are allowed up to the agenda item i 3 minutes per individual. Council l members may ask questions of i speakers.+ Mayor Invites applicanUappellant to repond to public + ( Mayor closes the '\ hearing ) + Council holds initial discussions and/or a Councilmember makes a G-,, Council motion and obtains a second. " votesonthe agendaitem , The City Council then discusses and deliberates on the motion(s) and votes. Is 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 firstI 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 AVAILABLE 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 COUNCII DECISION IS FINAI 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 I l CUPERTINO CITY OF CUPERTINO AGENDA CITY COUNCIL This will be a teleconference meeting without a physical location. Tuesday, August 17, 2021 6:45 PM Amended Televised Regular Meeting Amended at 4:20 p.m. on Friday, August 13, 2021 to update the staff report for item 19 Consideration of a Professional Services Agreement for Plan Check Services for the Westport Cupertino Project. TELECONFERENCE / PUBLIC PARTICIPATION INFORMATION TO HELP STOP THE SPREAD OF COVID-19 In accordance with Govetnor 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, August 17to 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 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 Page I CityCouncil Agenda Augustl7,2021 Members of the public may provide oral public comments during the teleconference meeting as follows: 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 link below to register in advance and access the meeting: Onlin(3 Register in advance for this webinar: https://cityofcupertino.zoom.us/webinar/register/WNaiDQPoFiSX27gRHiXOXEbw Phone Dial: 669-900-6833 and enter Webinar ID: 980 2090 9915 (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: 980 2090 9915 SIP: 98020909915@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 Page 2 City Council Agenda August 17, 2021 speak. 4. When called, please limit your remarks to the time allotted and the specific agenda topic. 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 ALLEGIANCE ROLL CALL CEREMONIAL MATTERS AND PRESENT ATIONS 1.l: Presentation from the Santa Clara Valley Urban Forestry Alliance on raising awareness to protect and expand the urban tree canopy for our region Recornrnended Action: Receive presentation from the Santa Clara Valley Urban Forestry Alliance on raising awareness to protect and expand the urban tree canopy for our region 2.$: Presentation on online resources for the public to participate in the legislative process Recommended Action: Receive presentation on online resources for the public to participate in the legislative process Staff Report A - Instructions on how to rise the California Legislature Letter Portal B - Flowchart of California's Legislative Process 3.l: Proclamation Acknowledging Drought Conditions Regarding Local Water Conservation Efforts. Recommended Action: Present Proclamation Acknowledging Drought Conditions Regarding Local Water Conservation Efforts. A - Prodamation POSTPONEMENTS AND ORDERS OF THE DAY Page 3 City Council Agenda August 17, 2021 4.$: Consider approval of 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: 21267Stevens Creek Boulevard; APN #326-27-042, -043 has been continued to September 7, 2021 ORAL COMMUNICATIONS This portion of the meeting is reserved for perso;ns wishing to address the Courtcil on any matter within the jurisdiction of the Counci7 and not on the agenda. The tota7 time for Ora7 Communications will ord'marily be 7imited to one hour. Individual speakers are Limited to three (3) minutes. As rtecessary, the Chair may further Limit the time allozoed to'mdividual spealcers, or reschedule rema'ming commertts to the end of the meeting ort a first come first heard basis, with priority given to students. Ir't most cases, State Iazo will prohibit the Council from discussing or making any decisions with respect to a matter not Listed on the agertda. A councilmember may, however, briefly respond to statements made or questions posed by speakers. A councilmember may also ask a question for c7arificatio;n, provide a referertce for factual information, request staff to report back cortcerrtirtg a matter, or request that art item be added to a future City Council agenda in response to public comment. REPORTS BY COUNCIL AND STAFF (10 minutes) 5. $: Brief reports on councilmember activities and brief announcements Recommended Action: Receive brief reports on councilmember activities and brief announcements 6. $: City Manager update on emergency response efforts Recomtnended Action: Receive City Manager update on emergency response efforts 7. $: Report on Cornrnittee assignments Recommended Action: Report on Committee assignments CONSENT CALENDAR (Items 8-18) Urdess there are separate discussions a;+zd/or actiorts requested by council staff or a member of the pub(ic, it is requested that items u;nder the Consent Ca7ertdar be acted O?! simultaneou'Ay. 8. $: Approve the July 20 City Council minutes Recommended Action: Approve the July 20 City Council minutes A - Draft Minutes 9. l: Approve the July 22 City Council minutes Recommended Action: Approve the July 22 City Council minutes Page 4 City Council Agenda August 17, 2021 A - Draft Minutes 10. $: Approve the July 27 City Council minutes Recommended Action: Approve the July 27 City Council minutes A - Draft Minutes 11. $: Consider Adopting a Resolution of Support for the Annexation of the Lawrence Expressway and Mitty Avenue Properties and Authorize the City Manager to Submit Documentation for Annexation. Recommended Action: li Adopt Resolution No. 21-072 Supporting the Annexation of Assessor Parcel Numbers (APN) 375-21-001 and 375-22-001, Located Along the Westerly Boundary of Lawrence Expressway and Mitty Avenue (Lawrence-Mitty) Properties into the City of Cupertino; and 2) Authorize the City Manager to Submit to the Local Agency Formation Commission of Santa Clara County (LAFCO) Applications for Sphere of Influence (SOI) and UrbanService Area (USA) Amendments, and Detaent and Annexation of the Properties, and Execute All Documentation and Take All Steps Necessary to Complete the Annexation of the Lawrence-Mitty Properties Staff Reoort A - Draft Resolution B - Vicinity Map of Lawrence-Mitty Properties 12. $: Consider Adoption of a Resolution Accepting the 2021 Santa Clara County Multi-Jurisdictional Program for Public Information, a Program Under the Community Rating System of the Federal Emergency Management Agency's National Flood Insurance Program. Recommended Action: Adopt Resolution No. 21-073 Accepting the 2021 Santa Clara County Multi-Jurisdictional Program for Public Information, a Program Under the Cornrnunity Rating System of the Federal Emergency Management Agency's National Flood Insurance Program. Staff Report A - Draft Resotution B - 2021 Santa Clara Cointy Multi4urisdictional Program for Public Information 13. Recommended Action: Adopt Resolution No. 21-074 accepting Accounts Payable for the period ending July 5, 2021 Draft Resolution B - AP Report 14. $: Accept Accoiu'its Payable for the period ending July 12, 2021 Recommended Action: Adopt Resolution No. 21-075 accepting Accounts Payable for the period ending July 12, 2021 Page 5 City Council Agenda August 17, 2021 A - Draft Resolution B - AP Report 15. $: Accept Accounts Payable for the period ending July 19, 2021 Recommended Action: Adopt Resolution No. 21-076 accepting Accounts Payable for the period ending July 19, 2021 A - Draft Resolution B - AP Report 16. 2: Accept Accounts Payable for the period ending July 26, 2021 Recommended Action: Adopt Resolution No. 21-077 accepting Accounts Payable for the period ending July 26, 2021 A - Draft Resolution B - AP Report 17. $: Consider approving Resolution No. 21-XXX and Budget Modification #2122-159 increasing Compensated Absences Internal Service Fund appropriations (641-44-420) by $240,000. Recornrnended Action: Consider approving Resolution No. 21-078and Budget Modification #2122-159iricreasirig Compensated Absences Internal Service Fund appropriations (641-44-420) by $240,000. A - Staff Report B - Draft Resolution 18. $: Accept Treasurer's Investment Report for period ending June 30, 2021 Recommended Action: Accept Treasurer's Investment Report for period ending June 30, 2021 A - Staff Report B - Treasurer's Report 6.30.2021 C - WF Custodial Statement 6.30.2021 D - WF Workers' Compensation Statement 6.30.2021 E - WF Operating Statement 6.30.2021 F - LAIF Statement 6.30.2021 SECOND READING OF ORDINANCES - NONE PUBLIC HEARINGS - NONE ORDINANCES AND ACTION ITEMS 19. l: Consideration of a Professional Services Agreement for Plan Check Services for the Westport Cupertino Project Page 6 City Council Agenda August 17, 2021 Recommended 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 &iilding Division (100-73-714) Staff Reoort A - Draft Contract 20. $: Consider modifications to the Procedures for Processing General Plan Amendment Applications to implement the Fiscal Year 2020/21 City Work Program items related to quality of life. (Application No. CP-2020-003; Applicant: City of Cupertino; Location: City-Wide). (Tabled on February 2, 2021). Recommended Action: That the City Council consider arid potentially adopt Resolution No 21-079 (Attachment A) to: 1) Find the action exempt from CEQA; and 2) Amend the Procedures for Processing of General Plan Amendment Applications Staff Report A - Draft Resolution CP-2020-003 B - Redlines C - Proposed Workflow D - Existing Workflow 21. $: Consideration of an Utgency Ordinance of the Cupertino City Council extending authorization of outdoor operations of qualifying establishments (restaurants, wineries, breweries, and bars) pursuant to a Special Temporary Outdoor Dining Permit Recommended Action: 1. Find that the proposed actions are exempt from CEQA; and, 2. Conduct the one and only reading and enact Urgency Ordinance No. 21-2229: "An urgency ordinance of the City Council of the City of Cupertino authorizing the outdoor operations of qualifying establishments (restaurants, wineries, breweries, and bars) pursuant to a special temporary outdoor dining permit." Staff Report A - Draft Urgency Ordinance B - Outdoor dining srirvey C - TOD Permit Application ORAL COMMUNICATIONS - CONTINUED (As necessary) COUNCIL AND ST AFF COMMENTS AND FUTURE AGENDA ITEMS ADJOURNMENT The Cify of Cupertino has adopted the promsxons of Code of Civ'd Procedure §1094.6; litigation Page 7 CityCouncil Agenda Augustl7,2021 challertging a final decisiort of the City Counci7 must be brought with'm 90 days after a decision is artriounced'tmless 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 petition for reconsideration voithin ten calendar days of the date the City Clerk mails notice of the City's decision. Recorxsideration petitions must comply with the requirements of Cupertirto Municipar Code §2.08.096. Contact the City Clerk's office for more irtformation or go to http://www.cupertino.org/cih)c[erk for a reconsiderahon petitio;n form. by compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend this teleconferertce meetirtg who is visually or hearing impaired or has arty disability that rteeds speciaL assistance should cal7 the Cih) 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 with a disability, meeting agendas a'nd writings distributed for the meetirtg that are public records wil7 be made avai[ab(e in the appropriate alterrtative format. Any writings or documents provided to a majority of the Cupertino City Counci7 after publication of the packet r.oil7 be made available for pu'Mic irxspection in the City Clerk's Office located at City Hail, 10300 Torre Avenue, during normal business hours and in Council packet archives linked from the agenda/minutes page on the Cupertino zoeb site. IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Mtmicipal Code 2.08.100 written communications sertt to the Cupertino City Council, Commissioners or City staff co;ncerrting a matter on the agenda are i;ncluded as supplemerttal materia7 to the agettdized item. These written commurtications are accessible to the public through the Cih)'s website and kept in packet archives. You are hereby admortished not to'mclude any personal or private irtformation in written communications to the City that you do not roish to make pub(ic; doing so shall constitute a roaiver of arty privacy rights you may have ort the information provided to the Cih). Page 8 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 - 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 02.08.096. 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. COMMUNICATINGWITHCOUNCIL $ All Council members: citycouncil@cupertino.org DarcyPaul DPaul@cupertino.org (408)777-3195 LiangChao LiangChao@cupertino.org (408)777-3192 i 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 AshleyS@cupertino.org (408) 777-8204 CityHall www.cupertino.org (408)777-CITY , Please note: the City Council discourages submission of written materials on the day of the meetinz 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,asleastonecopymustbegiventotheCityClerkforthepermanentrecord,andtencopiesarepreferred. i 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 we(l 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. 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 "l WantI 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 annou ncements. USEFUL TELEPHONE NUMBERS City of Cupertino (City Hall) General Information and Comments (408) 777-ClTY 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 CupertinoSanitary District (408) 253-7071 Water SanJoseWater (408)279-7900 CaliforniaWater (650)917-0152 I !' CITY OF CUPERTINO STATE OF CALIFORNIA EMPLQYEE QFI THE CITY OF CUPERTINO :',:";ATE :$F;RuPE44,Y OF TELECONFERENCE MEETING WITHOUT A PHYSICAL LOCATION For more information: (408) 777-3200 www.cupertino.org .,JNDUCT OF BUSINESS" " " " + ; a"' "= o "' " a"""' TAe#ayer-iMhe presiding.officer of the.City Council. Al'iy. mg3'nber of tH'e public may 4peak on an9 item on fhe agenda for ui:i to three minutes. All _4tatements and questions must be addresses to the ' Mayor. " :- - i: "' > City Couricil heaHid@s se'rve as a venue'forthe discuss.ion of sometimes diveFgent points of view. Please respect the 'ppinions of others and refrain from cheering or clapping.'that may:'delay the meeting or intimidate other 5ersons wishing to.express a.lterhate viewN,i Actions that disrupt the meeting will result in a.warning, followed by removal if disruptio,n continues. Oral public comments will be accepted during the teleconference meeting. Comments may be madq, during_':or,11,g,Br44nicq9ons" for ': matters not on the agenda, and during the public coBment.6eriod for each agenda item. Identifying yourself is voluntary and not required to attend the meeting or provide comments. (7a " t FLOWCHART FOR HEARING ITEMS: Maaygoern%taroidteumces I ' vc:osiutsncor'moeumtsbi:erscormepmou'nicaa'?onss'a. l ffi J Councilmembers ask clarifying questions. l / Applicant or / Councilmembers ask questions. / Appellant makes / 4__1 For appeals of approvals, the / presentation / i applicantmayrespondto / (up to 10 mins.) / i appellants presentation. % Mayorinvitesmembersof 4--1 Speakers submit a Request to the public to speak about l Speak card, and are allowed up to the agenda item i 3 minutes per individual. Council i members may ask questions of I speakers. i Mayor Invites applicanUappellant to repond to public l (Mayohrecalorlnsegsthe ) l Council holds initial discussions and/or a Councilmember makes a , city Council ., motion and obtains a second. votes on the .i agendattem The City Council then discusses and deliberates on the motion(s) and votes. I 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 loca( 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 he(d 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 AVAILABIE ON THE WEB Agendas, minutes, and packets for current and prior City Council and Planning Commission meetings are available at www.cupertino.orH, or you can purchase the items on CD. Cl"IY COUNCIL DECISION IS FINAL Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for recr>nsideration 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.orz/index.as for a reconsideration petition form. I CUPERTINO CITY OF CUPERTINO AGENDA CITY COUNCIL This will be a teleconference meeting without a physical location. Tuesday, August 17, 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, August 17to 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 August 17, 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 link below to register in advance and access the meeting: Online Register in advance for this webinar: https://cityofcupertino.zoom.us/webinar/register/WNaiDQPoFiSX27gRHiXOXEbw Phone Dial: 669-900-6833 and enter Webinar ID: 980 2090 9915 (Type '9 to raise hand to speak, *6 to unmute yourself). Unregistered participants will be called on by the last four digits of their phonenumber. = Or an H.323/SIP room system: H.323: 162.255.37.11 (US Went) Meeting ID: 980 2090 9915 SIP: 98020909915@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 August 17, 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 ALLEGIANCE ROLL CAtI, CEREMONIAL MATTERS AND PRESENT ATIONS 1.l: Presentation from the Santa Clara Valley Urban Forestry Alliance on raising awareness to protect and expand the urban tree canopy for our region Recommended Action: Receive presentation from the Santa Clara Valley Urban Forestry Alliance on raising awareness to protect and expand the urban tree canopy for our region 2. J: Presentation on online resources for the public to participate in the legisIative process Recornrnended Action: Receive presentation on online resources for the public to participate in the legislative process Staff Reoort A - Instructions on how to use the California Legislature Letter Portal B - Flowdiart of California's Legislative Process 3.$: Proclamahon Acknowledging Drought Conditions Regarding Local Water Conservation Efforts. Recommended Action: Present Proclamation Acknowledging Drought Conditions Regarding Local Water Conservation Efforts. A - Proclamation POSTPONEMENTS AND ORDERS OF THE DAY 4.$: Consider approval of a Vesting Tentative Map to replace a previously approved Vesting Tentative Map (TM-2018-03) for the Westport Cupertino development project to create a separate parcel for the age restricted senior below market rate building. City approval would be a Vesting Tentative Map; (Application No(s): TM-2021-002; Applicant(s): KT Urban (Mark Tersini); Location: 21267 Stevens Creek Boulevard; APN #326-27-042, -043 has been continued to September 7, 2021 Page 3 Cit5r Council Agenda August 17, 2021 ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the Counci( on any matter within the jurisdiction of the Council arid rtot O?'l the agertda. The total time for Oral Communications will ordinari7y be limited to one hour. Individual speakers are Limited to three (3) m'mutes. As necessary, the Chair may further limit the time allovoed to individual speakers, or reschedtde remaining comments to the end of the meeting on a first come first heard basis, with priority given to stude;nts. by most cases, State law roi77 prohibit the Courtci7 from discussing or makirtg any decisions with respect to a matter not listed on the agenda. A counc'dmember may, however, briefly respond to statements made or questiorxs posed by speakers. A counci7member may also ask a question for clarification, provide a referertce for factua7 information, request staff to report back concerning a matter, or request that an item be added to a future City Council agertda in response to public commerxt. REPORTS BY COUNCIL AND STAFF (10 minutes) 5.$: Brief reports on councilmember activities and brief announcements Recommended Action: Receive brief reports on councilmember activities and brief announcement-s 6. $: City Manager update on emergency response efforts Recommended Action: Receive City Manager update on emergency response efforts 7. $: Report on Committee assignments Recommended Action: Report on Committee assignments CONSENT CALENDAR (Items 8-18) unless there are separate discussions and/or actiorts requested by council, staff or a member of the public, it is requested that items under the Co;nsent Calertdar be acted on simu7tarteously. 8. $: Approve the July 20 City Council minutes Recommended Action: Approve the July 20 City Council minutes A - Draft Minutes 9. $: Approve the July 22 City Council minutes Recommended Action: Approve the July 22 City Council minutes A - Draft Minutes 10. : Approve the July 27 City Council minutes Recommended Action: Approve the July 27 City Council minutes A - Draft Minutes Page 4 City Council Agenda August 17, 2021 11. $: Consider Adopting a Resolution of Support for the Annexation of the Lawrence Expressway and Mitty Avenue Properties and Arithorize the City Manager to Submit Documentation for Annexation. Recommended Action: 1) Adopt Resolution No. 21-072 Supporting the Annexation of Assessor Parcel N'iunbers (APN) 375-21-001 and 375-22-001, Located Along the Westerly Boundary of Lawrence Expressway and Mitty Avenue (Lawrence-Mitty) Properties into the City of Cupertino; and 2) Authorize the City Manager to Submit to the Local Agency Formation Commission of Santa Clara County (LAFCO) Applications for Sphere of Influence (SOI) and UrbanService Area (USA) Amendments, and Detadiment and Annexation of the Properties, and Execute All Documentation and Take All Steps Necessary to Complete the Annexation of the Lawrence-Mitty Properties. Staff Report A - Draft Resolution B - Vicinity Map of Lawrence-Mitty Properties 12, Q: Consider Adoption of a Resolution Accepting the 2021 Santa Clara County Multi-Jurisdictional Program for Public Information, a Program Under the Community Rating System of the Federal Emergency Management Agency's National Flood Insurance Program. Recommended Action: Adopt Resolution No. 21-073 Accepting the 2021 Santa Clara County Multi-Jurisdictional Program for Public Information, a Program Under the Community Rating System of the Federal Emergency Management Agency's National Flood Insurance Program. Staff Report A - Draft Resolution B - 2021 Santa Clara County Multi-Jurisdictional Program for Public Information 13. l: Accept Accounts Payable for the period ending July 5, 2021 Recommended Action: Adopt Resolution No. 21-074 accepting Accounts Payable for the period ending July 5, 2021 Draft Resolution B - AP Report 14. $: Accept Accounts Payable for the period ending July 12, 2021 Recommended Action: Adopt Resolution No. 21-075 accepting Accounts Payable for the period ending July 12, 2021 A - Draft Resolution B - AP Report 15. $: Accept Accounts Payable for the period ending July 19, 2021 Recommended Action: Adopt Resolution No. 21-076 accepting Accounts Payable for the period ending July 19, 2021 Page 5 City Council Agenda August 17, 2021 A - Draft Resolution B - AP Report 16. $: Accept Accounts Payable for the period ending July 26, 2021 Recommended Action: Adopt ResoIution No. 21-077 accepting Accounts Payable for the period ending July 26, 2021 A - Draft Resolution B - AP Report 17. $: Consider approving Resolution No. 21-078 and Budget Modification #2122-159 increasing Compensated Absences Internal Service Fund appropriations (641-44-420) by $240,000. Recommended Action: Consider approving Resolution No. 21-078 and Budget Modification #2122-159iricreasirig Compensated Absences Internal Service Fund appropriations (641-44-420) by $240,000. A - Staff Report B - Draft Resolution 18.$: Accept Treasurer's Investment Report for period ending June 30, 2021 Recommended Action: Accept Treasurer's Investment Report for period ending June 30, 2021 A - Staff Report B - Treasurer's Report 6.30.2021 C - WF Custoctial Statement 6.30.202I D - WF Workers' Compensation Statement 6.30.2021 E - WF Operating Statement 6.30.2021 F - LAIF Statement 6.30.2021 SECOND READING OF ORDINANCES - NONE PUBLIC HEARINGS - NONE ORDINANCES AND ACTION ITEMS 19. $: Consideration of a Professional Services Agreement for Plan Check Services for the Westport Cupertino Project. Recommended Action: Staff recommends that City Council authorize the City Manager to sign a Professional Services Agreement with to provide plan dieck services for all buildings proposed in the Westport Cupertino project in the amount not-to-exceed A - Draft Contract Page 6 CityCouncil Agenda Augustl7,2021 20. $: Consider modifications to the Procedures for Processing General Plan Amendment Applications to implement the Fiscal Year 2020/21 City Work Program items related to quality of life. (Application No. CP-2020-003; Applicant: City of Cupertino; Location: City-Wide). (Tabled on February 2, 2021). Recommended Action: That the City Council consider and potentially adopt Resolution No 21-079 (Attaent A) to: 1) Find the action exempt from CEQA; and 2) Amend the Procedures for Processing of General Plan Amendment Applications Staff Report A - Draft Resolution CP-2020-003 B - Redlines C - Proposed Worldlow D - Existing Workflow 21. $: Consideration of an Urgency Ordinance of the Cupertino City Council extending authorization of outdoor operations of qualifying establishments (restaurants, wineries, breweries, and bars) pursuant to a Special Temporary Outdoor Dining Permit Recommended Action: 1. Find that the proposed actions are exempt from CEQA; and, 2. Conduct the one and only reading and enact Urgency Ordinance No. 21-2229: "An urgency ordinance of the City Council of the City of Cupertino authorizing the outdoor operations of qualifying establishments (restaurants, wineries, breweries, and bars) pursuant to a special temporary outdoor dining permit." Staff Reoort A - Draft Urgency Ordinance B - Oiitdoor dining survey C - TOD Permit Application 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 firtal decision of the Cih) Counc'd must be brought withirt 90 days after a decision is announced unless a shorter time is required by State or Federal 7aw. Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persorts must fi7e a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City's decision. Recortsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Corytact the Cih) Clerk's office for more informatiort or go to http://www.cupertirto.org/cityclerk for a recortsiderahon petition form. Page 7 City Council Agenda August 17, 2021 Irt compliance with the Americarts voith Disabilities Act (ADA), anyorte who is plarming to attend this teleconferertce meeting who is visually or hearing impaired or has any disability that needs special assistartce shou7d ca77 the City Clerk's Office at 408-777-3223, at Least 48 hours inn advance of the meeting to arrange for assistance. Irz addition, upon request, irt advartce, by a persory with a disability, meeting agendas artd writings distributed for the meeting that are pub7ic records will be made availab7e i;+z the appropriate alternative format. Arty writings or documents provided to a majority of the Cupertiryo City Council after publicatiort of the packet will be made available for puMic inspection in the Cih) Clerk's Office located at City Hall, 10300 Torre Avenue, during normal busirxess hours and in Counci7 packet archives Linked from the agenda/minutes page on the Cupertino web site. IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipal Code 2.08.100 writtert commurtications sent to the Cupertirto City Courtcil, Commissioners or Cih) staff concerrting a matter 07! the agertda are included as supplemerttal material to the agendized item. These writte;n communications are accessible to the public through the City's zoebsite artd kept in packet archives. You are hereby admonished not to include any personal or private information in written communications to the Cih) that you do riot wish to make puMic; doing so shall constitute a waiver of any privacy rights you may have on the irtformatiort provided to the City. Page g 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- yearterm. 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 KittyMoore Kmoore@cupertino.org (408) 777-1398 HungWei HWei@cupertino.org (408)777-3139 Jon Robert Willey JWilley@cupertino.org (408) 777-3193 Executive Assistant AshleyS@cupertino.org (408) 777-8204 CityHall www.cupertino.org (408)777-CITY Please note: the City Council discourages submission of written materials on the day ofthe meetinz as this does not provide enough time to give the materials fair evaluation. If you must provide written materia(s 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. = - - - - . iiiii iiinn nniiin -=-=-= =- -==-- -== - . - = ==-=- -= . . -- = ------ --= --=- - aaa I 01111111T!! 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) 6:45p.m. Friday(replay) IO:OOa.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 "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 nnouncements. 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