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Home My WebLink AboutCC - 06.21.2023ST7-X""ai-'L"0' C'z":t-i -' -------- ----13rJlJJEl 'r CKTY N-J.:i,.L.I Wednesday, June 21, 2023 PUBLIC HEARINGS WILL NOT BEGIN EARLIER THAN 6:45 PM Special Televised Meeting IN-PERSON AND TELECONFERENCE / PUBLIC PARTICIP ATION INFORMATION Members of the public wishing to observe the meeting may do so in one of the following ways: 1) Attend in person at Cupertino Community Hall, 10350 Torre Avenue. 2) Tune to Comcast Channel 26 and AT&T U-Verse Channel 99 on your TV. 3) 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) Appear in person at Cupertino Community Hall. Members of the audience who address the City Council must come to the lectern/microphone, and are requested to complete a Speaker Card and identify themselves. Completion of Speaker Cards and identifying yourself is voluntary and not required to attend the meeting or provide comments. Members of the public may provide oral public comments during the meeting as follows: Oral public comments will be accepted during the meeting. Comments may be made during "oral communications" for matters not on the agenda, and during the public comment period for each agenda item. Members of the audience who address the City Council must come to the lectern/microphone, and are requested to complete a Speaker Card and id-entify themselves. Completion of Speaker Cards and identifying yourself is voluntary and not required to attend the meeting or provide comments. 2) E-mail comments for the meeting by 4:00 p.m. on Wednesday, June 21 to the Council at Page I CityCouncil Agenda June21,2023 citycouncil@cupertino.org. These e-mail comments will also be posted to the City's website before and after the meeting. Teleconferencing Instructions 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/WNTLr55ghDQmWwpOope6eCUQ Phone Dial: 669-900-6833 and enter Webinar ID: 990 0761 5912 (Type '9 to raise hand to speak, '6 to unmute yourself). 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.:Ll (US West) 162.255.36.11 (US East) Meeting ID: 990 0761 5912 SIP: 99007615912@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 Jiuie 21, 2023 speak. 4. When called, please limit your remarks to the time allotted and the specific agenda topic. 5. Members of the public that wish to share a document must email cityclerk@cupertino.org prior to speaking. These documents will posted to the City's website after the meeting. 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 Wednesday, June 21, 2023, commencing at 5:00 p.m. in Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, California 95014 and via teleconference. Said special meeting shall be for the purpose of conducting business on the subject matters listed below under the heading, "Special Meeting." SPECIAL MEETING CALL TO ORDER - 5:00 PM PLEDGE OF ALLEGIANCE ROLL CALL CLOSED SESSION REPORT - None CEREMONIAL ITEMS - None ACTION CALENDAR 1.$: Consider the Memorial Park Specific Plan conceptiial design Recommended Action: Staff recommends the City Council to: 1. Receive the Memorial Park Specific Plan design updates; 2. Confirm the Memorial Park Specific Plan design direction of the Conceptual Plan; and 3. Proceed with the Memorial Park Specific Plan schematic design. Presenter: Susan Michael, Capital Improvement Programs Manager A - MPSP Preferred Draft Concept 06-01-2023 B - MPSP Rorind 2 Survey Results C - PRC A&uites 02-02-2023 D - BPC Minutes 02-23-2023 E - Parks and Recreation Commission Inprit 06-01-2023 POSTPONEMENTS AND ORDERS OF THE DAY Page 3 City Council Agenda June 21, 2023 ORAL COMMUNICATIONS This portion of the meetirxg is reserved for persorts wishing to address the Council on any matter within the jurisdiction of the Cotmci7 and not on the agenda for discussion, inc7ud'mg informational items. The total time for Oral Communicatiorxs will ordirtari7y be limited to one hour. Individual speakers are limited to three (3) mirtutes. As rtecessary, the Chair may further limit the time allowed to'mdividua[ speakers, or reschedule remaining comments to the end of the meeting ort a first come first heard basis, with priority given to students. h most cases, State law will prohibit the Courycil from discussing or making arty decisions with respect to a matter not listed on the agenda. A councilmember may, however, briefly respond to statements made or questions posed by speakers. A councilmember may also ([Sk a question for clarification, provide a reference for factual i;nformation, request, staff to report back concernirtg a matter, or request that an item be added to a future City Counci7 agenda in resportse to public comment. CONSENT CALENDAR (Items 2-9) Items appearing 072 the Consent Calertdar are corxsidered routine City bus'mess and may be approved by one motion. Typical items may include meeting m'mutes, awards of corxtracts, the ratification of accounts payable, and secortd readings of ordinances. Any member of the Cotmcil may request to have an item removed from the Cortsent Ca7endar based on the rules set forth irt the City Council Procedures Manual. Members of the public may provide input ort orte or more conserxt calendar items when the Mayor asks for public comments on tlie Consent Calendar. 2.l: Consider a Joint Policy Framework Agreement Regarding the Restoration and Potential Future Development of the Lehigh Quarry Property between the City of Cupertino and Santa Clara County Recommended Action: Authorize the City Manager to execute a Joint Policy Framework Agreement Regarding the Restoration and Potential Future Development of the Lehigh Quari7 Property between the City of Cupertino and Santa Clara County A - Lel'iigh 0uarry Parcel Map B - Joint Policy Framework Agreement Regarding the Restoration aitd Potential Future Development of the Lelngli Quarry Property 3.$: Consider approval of the June 6 City Council minutes Recoinmended Action: Approve the June 6 City Council minutes A - Draft Minutes 4. l: Consider ratifying Accounts Payable for the periods ending May 5, 2023; May 12, 2023; May 19, 2023; and May 26, 2023 Page 4 City Council Agenda June 21, 2023 Recommended Action: A. Adopt Resolution No. 23-071 ratifying Accounts Payable for the Period ending May 5, 2023; B. Adopt ResoMion No. 23-072 ratifying Accounts Payable for the Period ending May 12, 2023; C. Adopt Resolution No. 23-073 ratifying Accounts Payable for the Period endif'ig May 19. 2023: and D. Adopt Resolution No. 23-074 ratifying Accounts Payable for the Period ending May 26. 2023 A - Draft Resolution 5.5.23 B - Weekly AP Payment Register for the Period Ending 5.5.23 C - Draft Resolution 5.12.23 D - Weekly AP Payment Register for the Period Ending 5.12.23 E - Draft Resolution 5.19.23 F - Weekly AP Payment Register for tlie Period Ending 5.19.23 G - Draft Resolution 5.26.23 H - Weekly AP Payment Register for the Period Ending 5.26.23 l: Consider authorizing the City Manager to execute a Second Amendment to the Professional Services Agreement with Moss Adams, LLP Recommended Action: Authorize the City Manager to execute a Second Amendment to the Professional Services Agreement with Moss Adams, LLP for continued internal auditor services, extending the current contract term by three years to Jine 30, 2026, and increasing the total contract amount to $500,000 ($100,000 annually) Staff reoort A - Moss Adams, LLP Agreement B - Moss Adams, LLP First Amendment C - Draft Second Amendment Consider authorizing the City Manager to execute a Professional Services Agreement with The Pin Group, LLP for professional auditing services RecornrnendedAction: 1. Award a Professional Services Agreement for auditing services from June 2023 through June 2025 in a total not to exceed contract amount of $420,859, with an option to extend the contract for two additional years in the amount of $316,813 for a total contract amount of '3p737,672, to The Pin Group, LLP; 2. Authorize the City Manager to execute a Professional Services Agreement with The Pun Group, LLP, when all conditions have been met; and 3. Authorize the City Manager to extend the contract for up to two years A - Draft Agreement 7. l: Consider To Be Determined list ("TBD List") of agenda items requested by City Councilmembers Page 5 City Counciluncil Agenda June 21, 2023 Recommended Action: Review the TBD List and modify the list as recommended below 8. $: Consider approval of tlie May 16 City Council minutes (Continued from June 6, 2023) Recommended Action: Approve the May 16 City Council minutes A - Draft Minutes Receive the FY 2021-22 Annual Comprehensive Financial Report (ACFR) and related supplemental reports (Continued from June 6, 2023) Recommended Action: Receive the FY 2021-22Annual Comprehensive Financial Report (ACFR) and related supplemental reports A - FY 2021-22 ACFR B - FY 2021-22 Management Letter C - FY 2021-22 SAS 114 D - FY 2021-22 Single Audit E - FY 2021-22 GANN AUP Report F - FY 2021-22 Investment AUP Report G - FY 2021-22 Storm Draiii AUP Report H - Responses to ACFR 0uestions l- ACFR Supplemental Staff Report from 6.6.23 Council Meeting PUBLIC HEARINGS Effective January 1, 2023, Governmerxt Code Section 65103.5 (SB 1214) limits the distribution of copyrighted material associated with the review of development projects. Members of the public wishing to view plans that cannot otherwise be distributed urxder SB 1214 may make (27! appoi;ntment with the P7artrting Division to view them at City Hal'L by sertdirxg an email to plann'mg@cupertino.org. Plans wi(( also be made available digitally during the hearing to consider the proposal. 10. $: Consider a proposed mixed-use redevelopment project consisting of 34 residential units and approximately 7,482 square feet of commercial space. Project includes the removal and replacement of 51 development trees and a range of site and landscape improvements. Consider the adoption of a Mitigated Negative Declaration for the project, which includes the following discretionary approvals: Application Numbers TM-2021-003, ASA-202I-004, DP-2021-002, U-2021-001, TR-2022-006, EA-2022-005. Applicant(s): Carlson Chan (Prospect Venture LLC); Location: 1655 S. De Anza Blvd., APNs 366-10-061, -126. Page 6 City Council Agenda June21,2023 Staff recornrnends that the City Corincil adopt the ResolutionsRecommended Action: (Attachments A-F) to: 1. Adopt Resolution No. 23-075 adopting the Mitigated Negative Declaration (EA-2022 -005) 2. Adopt Resolution No. 23-076 approving the Development Permit (DP-2021-002) 3. Adopt Resolution No. 23-077 approving the Architectural and Site Approval Permit (ASA-2021-004) 4. Adopt Resolution No. 23-078 approving the Use Permit (U-2021-001) 5. Adopt Resolution No. 23-079 approving the Tentative Map (TM-2021-003); and 6. Adopt Resolution No. 23-080 approvmg the Tree Removal Permit (TR-2022-006) Presenter: Gian Martire, Senior Planner A - Draft Resolution for EA-2022-005 B - Draft Resohttion for DP-2021-002 C - Draft Resolution for ASA-2021-004 D - Draft Resolution for U-2021-001 E - Draft Resolution for TM-2021-003 F - Draft Resolution for TR-2022-006 G - Planning Commission Resolution 2023-08 (EA-2022-005) H - Plaru'iing Commission Resolution 2023-09 (DP-2021-002) I - Planning Commission Resolution 2023-10 (ASA-2021-004) T - Plaiwing Commission Resotution 2023-11 (TM-2021-003) K - Planning Commission Resolution 2023-12 (U-2021-001) L - Planning Commission Resolution 2023-13 (TR-2022-006) M - Letter from Brandon Airoli, of Propriis dated Marcli 9, 2021 N - BMR Program 1655 S De Anza Blvd Cupertino Project, Brandon Arioli 0-1655 South De Anza Borilevard Mixed-Use Project Initial Study, Final IS/MND, May 2023 P - Response to Comment Memorandum, Dated May 15, 2023 0 - Site Plan and Renderings R - Public Comment COUNCIL REPORTS AND COMMENTS 11. l: Councilmember Reports Council Reports, Fruen Corincil Reports, Moore Council Reports, Mohan Corincil Reports, Wei CITY MANAGER REPORT ORAL COMMUNICATIONS - CONTINUED INFORMATIONAL ITEMS Information items are intertded to provide background information and routirxe reports to Councilmembers and the public, zoithout discussion by CounciL Members of the public wishing to Page 7 CityCouncil Agenda comment on i4ormational items should do so during oral commwicahorxs June 21, 2023 12. $: Receive the MontMy Treasurer's Report for May 2023 Recommended Action: Receive the Monthly Treasurer's Report for May 2023 A - Report of City-wide Receipts, Disbursements, aiid Cash Balances May 2023 B - Report of City-wide Fund BalancesNet Position May 2023 13. $: Receive the MontMy Treasurer's Investment Report for May 2023 Recornrnended Action: Receive the Monthly Treasurer's Investment Report for May 2023 A - Cliandler hwestment Report May 2023 COUNCIL AND ST AFF COMMENTS AND FUTURE AGENDA ITEMS ADJOURNMENT Lobbyist Registration arid Reporting Requirements: Individuals who i4ue;nce or attempt to influence legislative or admirtistrative action may be required by the City of Cupertino's lobbying ordinance (Cupert'mo M;bmicipal Code Chapter 2.100) to register arid report lobbying activity. Persons whose communications regarding any legislative or administrative are solely limited to appearing at or submitting testimony for any public meeting held by the City are not required to register as 7obbyists. For more information about the lobbying ordi;+zance, please contact the City Clerk's Office at 10300 Torre Avertue, Cupertino, CA 94107; telepho;ne (408) 777-3223; email cityclerk@cupertino.org; artd website: www.cupertirto.org/7obbyist. The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6; 7itigation challenging a final decision of the City Council must be brought within 90 days after a decision is annormced urdess a shorter time is required by State or Federa( Law. Prior to seelcing judicial review of any adjudicatory (quasi-judicial) decisio;+z, interested persons must file a petition for reconsideratiort within ten ca)ertdar days of the date the City Clerk maids notice of the City's decision. Reconsideration petitions must comply with the requirements of Cupertirto Municipal Code §2.08.096. Contact the Cih) Clerk's office for more i4ormation or go to htfp://www.cupertirto.org/cityclerlc for a reconsideratzort petition form. bt compliartce with the Americans roith Disabilities Act (ADA), anyorxe who is p7anrting to attend this meeting who is visually or hearing impaired or has arty disability that needs special assistance shouU call the City Clerlc's Office at 408-777-3223, at least 48 hours in advance of the meeting to arrange for assistance. In addition, upon request, in advance, by a person witli a disability, meeting agertdas and writings distributed for the meeting that are public records will be made available in the appropriate alternative format. Page 8 City Council Agenda June 21, 2023 Any writ'mgs or documents provided to a majority of the Cupertino City Council after publication of the packet wil7 be made available for public inspection'm the Cih) Clerk's Office Located at City Hall, 10300 Torre Avenue, Cupertino, California 95014, during normal business hours; artd in Counc'd packet archives l'mked from the agertda/m'mutes page 07? the Cupertino web site. IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Mrmicipal Code section 2.08.l00zoritten communications sent to the Cupertirxo Cih) Co'bmcil Commissioryers or Cih) staff concern'mg a matter on the agenda are inclu,ded as supplemental materia7 to the agendized item. These zoritten communications are accessible to the public through the City's website and lcept in packet archives. Do not include any persona7 or private information'm writtert communications to the City that you do not wish to make public, as written communications are considered puMic records and will be made publicly available ort the Cih) website. Page 9 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 I - SCC Library District - SCC Emergency Preparedness Commission - Santa Clara Valley Water Commission and Water District SCCTransportationAuthoritym - West Valley Mayors and Managers STAFF The City Manager and the City Attorney are appointed by the Council. The City Manager is responsible for interpreting and carrying out Council policies and direction, and as the chief administrative officer, the City Manager coordinates the many activities of the city and appoints the professional and technical staff. The City Attorney is the advisor to the City Council as a whole. 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 (4o 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. RESOIUTIONS 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 j2.08.096. Contact the City Clerk's office for more information or gp to www.http://www.cupertino.org/index.aspx?page=l25 for a , reconsideration petition form. -= ==-===-==--= --- --= - -=--== =.- ===-== = - =--- n..nl uii iuuniil iii xi ==- === = == = = = = =-=-- = -=-=- - -= - -----li === -=--==iii +h==-= - A-=-----=-=--- - -= === = =---.--...............-.-...- -.. .....----1 COMMUNICATINGWITHCOUNCIL i All Council members: citycouncil@cupertino.org HungWei HWei@cupertino.org (408)777-3139 Sheila Mohan SMohan@cupertino.org (408) 777-1326 LiangChao LiangChao@cupertino.org (408) 777-3192 J.R. Fruen JRFruen@cupertino.org (408) 777-1316 Kitty Moore KMoore@cupertino.org (408) 777-1389 Executive Assistant Debran@cupertino.org (408) 777-3212 CityHall www.cupertino.org (408)777-CITY Please note: the City Council discourages submission of written materials on the day of the 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, 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 I 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 i https://www.instagram.com/cityofcupertino I I AUDIO I Tune into Radio Cupertino, 1670 AM, for meeting announcements, public service messages, and emergency annou ncements. ninuiviiiiiiiiiaiauuaiiii+xiixanixniiiniiinuiiuniiiiiiumaiiivniiimuiixuiu+iivuaaiixiiinuaviininiiiiiiinnuiinnuimiim m*tiiiapiuiiinuniianiiiiiixiiiiininmnnnmiuiiiianiiiinnnnnnuiniiiuii-= = =-j-------=--=.. 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) Santa Clara County Sheriff (408) 868-6600 Public Health Santa Clara County Public Health (408) 732-3720 Sanitary Sewers Cupertino Sanitary District (408) 253-7071 Water SanJoseWater (408)279-7900 CaliforniaWater (650)917-0152