1 TELECONFERENCE MEETING WITHOUT A PHYSICAL LOCATION
For more information:
(408) 777-3200 │ www.cupertino.org
AGENDA OF THE
CUPERTINO CITY COUNCIL
Tuesday, February 1, 2022
Televised Special Meeting Study Session (5:30)
and Regular City Council Meeting (6:45)
CITY COUNCIL
DARCY PAUL, MAYOR
LIANG CHAO, VICE MAYOR
KITTY MOORE, COUNCILMEMBER
HUNG WEI, COUNCILMEMBER
JON ROBERT WILLEY, COUNCILMEMBER
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 to three minutes. All statements and questions must be addressed to the Mayor.
City Council hearings serve as avenue for the discussionof 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 ifdisruptioncontinues.
The proceedings of the meeting are recorded, therefore 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.
FLOWCHART FOR HEARING ITEMS:
Mayor introduces
agenda item
Councilmembers report any site
visits or outside communications.
Staff reports and makes
recommendation
Applicant or
Appellant makes
presentation
(up to 10 mins.)
Speakers submit a Request to
Speak card, and are allowed up to
3 minutes per individual. Council
members may ask questions of
speakers.
Mayor invites members of
the public to speak about
the agenda item
For appeals of approvals, the
applicant may respond to
appellants presentation.
City Council
votes on the
agenda item
Council holds initial discussions
and/or a Councilmember makes a
motion and obtains a second.
The City Council then discusses and
deliberates on the motion(s) and
votes.
Mayor closes the
hearing
Councilmembers ask questions.
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,andtentative maps.
COUNCIL MEETINGS
The City Council regularly meets the first
and third Tuesdays of each month. These
meetings are held in the Council
Chamber of the Cupertino Community
Hall, 10350 Torre Avenue, 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
reportedinopensession.
Urgent business, holidays, or election
days may trigger special or adjourned
meetings. These meetings willbe 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 purchasetheitemson 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
px?page=125 for a reconsideration
petitionform.
Mayor Invites
applicant/appellant to
repond to public
CITY OF CUPERTINO
CITY COUNCIL
AGENDA
This will be a teleconference meeting without a physical location.
Tuesday, February 1, 2022
5:30 PM
Televised Special Meeting Study Session (5:30) and Regular City Council Meeting (6:45)
TELECONFERENCE / PUBLIC PARTICIPATION INFORMATION TO HELP STOP THE SPREAD OF COVID-19
In accordance with Government Code 54953(e), this will be a teleconference meeting without a physical location to help stop the spread of COVID-19.
Members of the public wishing to observe the meeting may do so in one of the following ways:
1) Tune to Comcast Channel 26 and AT&T U-Verse Channel 99 on your TV. 2) The meeting will also be streamed live on and online at www .Cupertino.org/youtube and www.Cupertino.org/webcast
Members of the public wishing to comment on an item on the agenda may do so in the following ways:
1) E-mail comments by 4:30 p.m. on Tuesday, February 1 to the Council at [email protected]. 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 [email protected] prior to speaking. 3) Teleconferencing Instructions
Members of the public may provide oral public comments during the teleconference meeting as follows:
City Council Agenda February 1, 2022
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/WN_O9S_SVWdQ6qnIzUEqjlwHQ Phone
Dial: 669-900-6833 and enter Webinar ID: 981 9559 8239 (Type *9 to raise hand to speak, *6 to unmute yourself). Unregistered participants will be called on by the last four digits of their phone number.
Or an H.323/SIP room system:
H.323:
162.255.37.11 (US West)
162.255.36.11 (US East)
Meeting ID: 981 9559 8239
SIP: [email protected]
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.
City Council Agenda February 1, 2022
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.
NOTICE AND CALL FOR A SPECIAL MEETING OF THE CUPERTINO CITY COUNCIL NOTICE IS HEREBY GIVEN that a special meeting of the Cupertino City Council is hereby called for Tuesday, February 01, 2022, commencing at 5:30 p.m. In accordance with Government Code 54953(e), this will be a teleconference meeting without a physical location to help stop the spread of COVID-19. Said special meeting shall be for the purpose of conducting business on the subject matters listed below under the heading, “Special Meeting."
SPECIAL MEETING
ROLL CALL - 5:30 PM
STUDY SESSION
1. Subject: Study session to discuss the awarded PDA Planning Grant funds from the Association of Bay Area Governments /Metropolitan Transportation Commission (ABAG/MTC) for the Heart of the City Specific Plan Update in conjunction with the Housing Element Update
Recommended Action: That the City Council receive the report and provide input on the next steps
Staff Report
A - Letter of Confirmation for Priority Development Area Planning B - Draft Scope of Work - HOC Specific Plan Update
C - PDA Planning Grant Guidance - Planning Process & Elements
ADJOURNMENT
REGULAR MEETING
PLEDGE OF ALLEGIANCE
ROLL CALL - 6:45 PM
CEREMONIAL MATTERS AND PRESENTATIONS
City Council Agenda February 1, 2022
1. Subject: Re-Issued Proclamation honoring Paul Haayer for his military service Recommended Action: Present Re-Issued Proclamation honoring Paul Haayer for his military service
A - Proclamation
2. Subject: Recognition of Fine Arts Commission Artists Award winners Recommended Action: Present awards to Fine Arts Commission Artist Award winners
POSTPONEMENTS AND ORDERS OF THE DAY
ORAL COMMUNICATIONS
This portion of the meeting is reserved for persons wishing 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 ordinarily be limited to one hour. Individual speakers are limited to three ( 3) minutes. As necessary, the Chair may further limit the time allowed to individual speakers, or reschedule remaining comments to the end of the meeting on a first come first heard basis, with priority given to students. In most cases, State law will prohibit the Council from discussing or making any 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 ask a question for clarification, provide a reference for factual information, request staff to report back concerning a matter, or request that an item be added to a future City Council agenda in response to public comment.
REPORTS BY COUNCIL AND STAFF (10 minutes)
3. Subject: Brief reports on councilmember activities and brief announcements Recommended Action : Receive brief reports on councilmember activities and brief announcements
4. Subject: Report on Committee assignments
Recommended Action: Report on Committee assignments
5. Subject: City Manager update
Recommended Action: Receive City Manager update on emergency response efforts and other City business
CONSENT CALENDAR (Items 6-10)
Unless there are separate discussions and/or actions requested by council, staff or a member of the public, it is requested that items under the Consent Calendar be acted on simultaneously.
6. Subject: Approve the January 13 City Council minutes Recommended Action: Approve the January 13 City Council minutes
City Council Agenda February 1, 2022
A - Draft Minutes
7. Subject: Approve the January 18 City Council minutes Recommended Action: Approve the January 18 City Council minutes A - Draft Minutes
8. Subject: Consider Accounts Payable for the period ending December 20, 2021 Recommended Action: Adopt Resolution No. 22-015 accepting Accounts Payable for the period ending December 20, 2021
Staff Report
A - Draft Resolution
B - AP Report
9. Subject: Consider Accounts Payable for the period ending January 3, 2022 Recommended Action: Adopt Resolution No. 22-016 accepting Accounts Payable for the period ending January 3, 2022
Staff Report
A - Draft Resolution
B - AP Report
10. Subject: Administrative Record for a development proposal to demolish an existing commercial building and construct a new nine (9) unit single-family home development including one ( 1) home containing an Accessory Dwelling Unit (ADU). (Application No(s): EA- 2020-001, Z- 2020-001, DP- 2020-001, TM- 2020-001, ASA- 2020-003, and U-2020-001; Applicant(s): Alan Enterprise LLC; Location: 22690 Stevens Creek Boulevard; APN#s 341-14-066, 342-14-104 & 105)
Recommended Action : Adopt Resolution No. 22-022 to correct the administrative record for the Bateh Brothers development project
Staff Report
A - Draft Resolution
B - Initial Study/MND - Correct Attach. H to Item#2 from 1.13.22 CC special mtg
SECOND READING OF ORDINANCES
11. Subject: Consider second reading and enactment of an Ordinance approving the Rezoning of two parcels from Planned Development with General Commercial Uses (P(CG)) to Planned Development with General Commercial and Residential Uses (P(CG, Res))" to allow the Canyon Crossing development (Application No(s):
EA-2018-06, Z- 2018-02; Applicant(s): Dan Shaw (SCR Enterprises); Location 10625 South Foothill Boulevard; APN#s 342-16-087, -088)
City Council Agenda February 1, 2022
Recommended Action: Conduct the second reading and enact Ordinance No. 22-2236:
“An Ordinance of the City Council of the City of Cupertino approving the Rezoning of two parcels from Planned Development with General Commercial Uses (P(CG)) to Planned Development with General Commercial and Residential Uses (P(CG, Res))" A - Draft Ordinance
12. Subject: Consider second reading and enactment of an Ordinance approving the Rezoning of three parcels from Planned Development Zoning with General Commercial uses (P(CG)) to Planned Development Zoning with General Commercial and Residential uses (P(CG, Res))” to allow development of the Bateh Brothers site (Application No(s): EA- 2020-001, Z- 2020-001; Applicant(s): Alan Enterprise LLC; Location: 22690 Stevens Creek Boulevard; APN#s 341-14-066, 342-14-104 & 105) Recommended Action: Conduct the second reading and enact Ordinance No. 22-2237:
“An Ordinance of the City Council of the City of Cupertino approving the Rezoning of three parcels from Planned Development Zoning with General Commercial uses (P(CG)) to Planned Development Zoning with General Commercial and Residential uses (P(CG, Res))”
A - Draft Ordinance
PUBLIC HEARINGS
13. Subject: Consider an amendment to the Fiscal Year (FY) 2021-22 Fee Schedule C - Planning Fees to add a Miscellaneous Ministerial Permit fee pursuant to Urgency Ordinance No. 21-2235 regarding the ministerial processing of up to two unit projects pursuant to Senate Bill 9
Recommended Action : Adopt Resolution No. 22-023, amending the Adopted FY 2021-22 Fee Schedule C - Planning Fees to add a Miscellaneous Ministerial Permit fee pursuant to Urgency Ordinance No. 21-2235 regarding the ministerial processing of up to two unit projects pursuant to Senate Bill 9
Staff Report
A - Draft Resolution
14. Subject: Consider an extension of an Interim Ordinance to implement new state legislation (Senate Bill 9), that provides for ministerial approval of up to two units and/or a lot split in a residential single-family zone (Application No.: MCA- 2021-005; Applicant: City of Cupertino; Location: Citywide in all residential single family zones)
City Council Agenda February 1, 2022
Recommended Action : Conduct a public hearing pursuant to Government Code section 65858(a), and following that hearing:
1. Find that the proposed action is exempt from CEQA; and
2. Conduct the one and only reading of Ordinance No. 22-2238: "An Interim Ordinance of the City Council of the City of Cupertino Extending Interim Ordinance Number 22-2235 Adding or Amending Cupertino Municipal Code Sections 18.20.170, 19.08.030,
19.12.030, 19.12.110, 19.28.040, 19.28.050, 19.28.110, 19.28.150, 19.28.170, 19.40.050,
19.40.060, 19.40.090, and 19.112.060 to Adopt Standards for Ministerial Approval of Duplexes and Lot Splits in Single-Family Residence Districts," extending the effective date of the previously adopted interim Ordinance No. 22-2235 for a period of 10 months and 15 days.
Staff Report
A - Draft Ordinance
ORDINANCES AND ACTION ITEMS
15. Subject: Consideration of Notice of Intent to Vacate a Public Pedestrian Walkway Easement through Tract 9405 (Campo De Lozano.)
Recommended Action: 1) Consider adopting Resolution No. 22-024 (Attachment A) to notice the public of the intent to vacate a public pedestrian walkway easement through Tract 9405, and to set a public hearing on March 1, 2022 at 6:45p.m. 2) Consider the option of reducing City of Cupertino collected fees, established by the adopted fee schedule, for the action
Staff Report
A - Draft Resolution
B - Aerial Exhibit
16. Subject: Consider adopting the proposed 2022 Legislative Platform Recommended Action: Adopt the proposed 2022 Legislative Platform Staff Report
A - Proposed 2022 Legislative Platform
B - Proposed 2022 Legislative Platform Redline
ORAL COMMUNICATIONS - CONTINUED (As necessary)
COUNCIL AND STAFF COMMENTS AND FUTURE AGENDA ITEMS
ADJOURNMENT
The City 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 within 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
City Council Agenda February 1, 2022
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 http://www.cupertino.org/cityclerk for a reconsideration petition form.
In compliance with the Americans with Disabilities Act ( ADA), anyone who is planning to attend this teleconference 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 meeting to arrange for assistance. In addition, upon request, in advance, by a person with a disability, meeting agendas and writings distributed for the meeting that are public records will be made available in the appropriate alternative format.
Any writings or documents provided to a majority of the Cupertino City Council after publication of the packet will be made available for public inspection in the City Clerk ’s Office located at City Hall, 10300 Torre Avenue, Cupertino, California 95014, during normal business hours; and in Council packet archives linked from the agenda/minutes page on the Cupertino web site.
IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipal Code section
2.08.100 written communications sent to the Cupertino City Council, Commissioners or City staff concerning a matter on the agenda are included as supplemental material to the agendized item. These written communications are accessible to the public through the City ’s website and kept in packet archives. Do not include any personal or private information in written communications to the City that you do not wish to make public, as written communications are considered public records and will be made publicly available on the City website.
THE CITY COUNCIL AND STAFF
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. CityCouncil 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 Commissi on, Public Safety Commission, SustainabilityCommission,TeenCommission,and Technology,Informati on,and CommunicationsCommission.
Councilmembersalsoserveonavarietyof regionalbodies,including:
∙ AssociationofBay AreaGovernments
∙ LeagueofCaliforniaCities
∙ SantaClaraCounty(SCC)CitiesAssociation
∙ SCCEmergencyPreparednessCouncil
∙ SCCLibraryDistrict
∙ SCCEmergencyPreparednessCommission
∙ SantaClaraValleyWaterCommissionandWater District
∙ SCCTransportation Authoritym
∙ WestValleyMayors andManagers
STAFF
The City Manager and the City Attorney are appointed by the Council. The City Manager is responsible for interpreting andcarrying outCouncil policies anddirection,andas the chief administrative officer,the CityManager coordinates the many activitiesof the city andappoints the professionalandtechnicalstaff. The CityAttorney is the advisortotheCityCouncilas awhole.
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 presentedat aCouncilmeeting as a“firstreading."Ata subsequentCouncilmeeting, there will be a“second reading and adoption." Ordinances go into effect after a waiting period ofthirty days, in most cases, during which time thesummaryof theordinance ispublishedinalocalnewspaperapprove dforthispurpose.
RESOLUTIONS
Resolutions andminute ordersare the means bywhich the CityCouncil formally adopts policies or approves specific actions. Thesegointoeffectwhenadopted .
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 calendardays ofthemailing ofthe noticeof thedecision.
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 mai ls 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.cuperti no.org/index.aspx?page=125 for a reconsiderationpetitionform.
COMMUNICATING WITH COUNCIL
(408)777‐3195
(408)777‐3192
(408)777‐1398
(408)777‐3139
(408) 777‐3193
(408) 777‐3212
All Council members:
Darcy Paul
Liang Chao
Kitty Moore
Hung Wei
Jon Robert Willey
Executive Assistant
City Hall
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
www.cupertino.org (408) 777‐CITY
Please note: the City Council discouragessubmission of written materials on the day 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 newson the city website at www.cupertino.org/notify
TELEVISION
The City Channel broadcasts CityCouncil 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. Friday (replay) 10:00 a.m.
Thursday (replay) 7:00 p.m. Saturday (replay) 9:00 a. m.
INTERNET
CityCouncil and Planning Commission videos are available on demand at www.cupertino.org. Select "I Want To, View City Council meetings".
News and community information can also be found at:
https://www.facebook.com/cityofcupertino/
https://twitter.com/CityofCupertino
https://www.instagram.com/cityofcupertino
AUDIO
Tuneinto Radio Cupertino, 1670 AM, for meeting announcements, public service messages,and emergency announcements.
USEFUL TELEPHONE NUMBERS
City of Cupertino (City Hall) General Information andComments (40 8) 777‐CITY Fire (Emergency) Santa Clara County Fire Dept. dispatch 911 Fire (Non‐Emergency) Santa Clara County Fire Dept. (408)378‐4010 Garbage Recology South Bay (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 San Jose Water (408) 279‐7900
California Water (650) 917‐0152