1 TELECONFERENCE MEETING WITHOUT A PHYSICAL LOCATION
For more information:
(408) 777-3200 │ www.cupertino.org
AGENDA OF THE
CUPERTINO CITY COUNCIL
Thursday, May 19, 2022
Televised Special Meeting - Continuation from
May 17, 2022
CITY COUNCIL
DARCY PAUL, MAYOR
LIANG CHAO, VICE MAYOR
KITTY MOORE, COUNCILMEMBER
HUNG WEI, COUNCILMEMBER
JON ROBERT WILLEY, COUNCILMEMBER
AMENDED
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.
Thursday, May 19, 2022
5:30 PM
Amended Televised Special Meeting - Continuation from May 17, 2022 Amended at 3:10 p.m. on May 18, 2022 to update the day of the week from Tuesday to Thursday on the agenda cover page and to add Postponements and Orders of the Day header.
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 comment on an item on the agenda may do so in the following ways:
1) E-mail comments by 4:30 p.m. on Thursday, May 19, 2022 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 pertaining to the agenda during the teleconference meeting as follows:
Oral public comments will be accepted during the teleconference meeting. Comments may be made during the public comment period for each agenda item.
City Council Agenda May 19, 2022
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_GhAVJLMZS4GV8dSZZ77m5g Phone
Dial: 669-900-6833 and enter Webinar ID: 986 3470 5326 (Type * 9 to raise hand to speak).
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: 986 3470 5326
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.
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
City Council Agenda May 19, 2022
408-777-3223, at least 6 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 Thursday, May 19, 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
POSTPONEMENTS AND ORDERS OF THE DAY
CONSENT CALENDAR (Items 1-14)
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.
1. Subject: Approve the April 26 City Council minutes (Continued from May 17, 2022) Recommended Action: Approve the April 26 City Council minutes A - Draft Minutes
2. Subject: Approve the April 28 City Council minutes (Continued from May 17, 2022) Recommended Action: Approve the April 28 City Council minutes A - Draft Minutes
3. Subject: Approve the May 2 City Council minutes (Continued from May 17, 2022) Recommended Action: Approve the May 2 City Council minutes A - Draft Minutes
4. Subject: Approve the May 3 City Council minutes (Continued from May 17, 2022) Recommended Action: Approve the May 3 City Council minutes A - Draft Minutes
City Council Agenda May 19, 2022
5. Subject: Consider setting a hearing date to declare brush with potential fire hazard a public nuisance and for objections to proposed removal through the Cupertino Brush Abatement Program WUI (Wildland-Urban Interface Fire Area); adopting a resolution declaring properties as having potential fire hazards from brush and authorizing removal (Continued from May 17, 2022)
Recommended Action : Adopt Resolution No. 22-055 declaring properties as having potential fire hazards from brush; and set a hearing date of June 21, 2022 to declare brush with potential fire hazard a public nuisance and to hear objections to proposed removal
Staff Report
A - Draft Resolution
6. Subject: Set a voluntary campaign expenditure limit of $ 34,470 for the November 8, 2022 City Council election (Continued from May 17, 2022) Recommended Action: Adopt the Resolution No. 22-056 setting a voluntary campaign expenditure limit of $34,470 for the November 8, 2022 City Council election Staff Report
A - Draft Resolution
7. Subject: Consider adopting a resolution authorizing continued remote teleconference meetings of the legislative bodies of the City of Cupertino for the period May 19, 2022 through June 18, 2022 pursuant to the Brown Act, as amended by AB 361 (Continued from May 17, 2022)
Recommended Action : Adopt Resolution No. 22-057 authorizing continued remote teleconference meetings of the legislative bodies of the City of Cupertino for the period May 19, 2022 through June 18, 2022 pursuant to the Brown Act, as amended by AB 361 Staff Report
A - Draft Resolution
B – Adopted Resolution No. 22-050
C – Health Officer Recommendation Regarding Public Governmental Meetings
8. Subject: Consider the FY 2020-21 Annual Comprehensive Financial Report (ACFR) and related supplemental reports (Continued from May 17, 2022) Recommended Action: Accept the FY 2020-21 Annual Comprehensive Financial Report (ACFR) and related supplemental reports
Staff Report
A - FY 2020-21 ACFR
B - FY 2020-21 GAGAS Report
C - FY 2020-21 Appropriation Limit AUP Report
D - FY 2020-21 Storm Drain AUP Report
E - FY 2020-21 Investment AUP Report
F - Management Letter
City Council Agenda May 19, 2022
9. Subject: Consider accepting the City Investment Policy (Continued from May 17, 2022) Recommended Action : Adopt Resolution No. 22-058 accepting the City Investment Policy
Staff Report
A - Draft Resolution
B - Investment Policy (redline)
10. Subject: Consider accepting the Third Quarter Financial Report for Fiscal Year 2021-22; consider adopting Resolution 22-059 approving Budget Modification # 2122-198 increasing appropriations by $ 529,935 and revenues by $ 9,448,487 (Continued from May 17, 2022)
Recommended Action: 1. Accept the City Manager's Third Quarter Financial Report for FY 2021-22.
2. Adopt Resolution 22-059 approving Budget Modification #2122-198 increasing appropriations by $529,935 and revenues by $9,448,487
Staff Report
A - Draft Resolution
B - FY 2021-22 Third Quarter Financial Report
C - FY 2021-22 Third Quarter Budget Adjustment Journal
D - Amended Budget Detail as of March 31, 2022
E - Budget Transfers Detail as of March 31, 2022
11. Subject: Consider the 2022 Annual Pavement Report (Continued from May 17, 2022) Recommended Action: Receive the 2022 Annual Pavement Report Staff Report
A - Ranges of PCI Values and Street Conditions
B- 2022 Pavement Maintenance Project Location List
12. Subject: Consider acceptance of Offers of Dedication and a Waiver of Future Reimbursement from the property owners at 10155, 10165, and 10420 Orange Avenue, related to the Orange Avenue Sidewalk Improvements Project (Continued from May 17, 2022)
Recommended Action : Adopt Resolution No. 22-060 (Attachment A) accepting the Offers of Dedication and Waiver of Future Reimbursement from the property owners at 10155, 10165, and 10420 Orange Avenue, related to the Orange Avenue Sidewalk Improvements Project
Staff Report
A - Draft Resolution
B - Signed Agreement
City Council Agenda May 19, 2022
13. Subject: Consider award of a construction contract for the Orange Avenue Sidewalk Improvements Project (Project 2016-10.1) for the construction of sidewalk, curb, gutter, storm drainage modifications, and associated improvements on Orange Avenue, between McClellan Road and Stevens Creek Boulevard (Continued from May 17, 2022) Recommended Action : Award a construction contract for the Orange Avenue Sidewalk Improvements Project, authorize the City Manager to execute a contract in the amount of $ 1,738,875.00 with Redgwick Construction Company and authorize the Director of Public Works to execute any necessary change orders, up to the construction contingency amount of $ 173,888.00 (10% of contract amount,) for a total authorized contract amount of $1,912,763.00
Staff Report
A - Draft Contract
14. Subject: Consider authorizing a Seventh Amendment of Agreement 15-206 between the City of Cupertino and Professional Turf Management extending the contract for six months and resulting in $ 102,600 in maintenance related expenses for Fiscal Year 2022-2023 (Continued from May 17, 2022)
Recommended Action : Consider approving the Seventh Amendment of Agreement 15-206 between the City of Cupertino and Professional Turf Management, to extend the term of the agreement up to six months and resulting in $ 102,600 in maintenance related expenses for Fiscal Year 2022-2023
Staff Report
A - Seventh Amendment for Blackberry Farm Golf Course Maintenance
STUDY SESSION
15. Subject: Initial Study Session on Fiscal Year (FY) 2022-23 Proposed Budget (Continued from May 17, 2022)
Recommended Action : Conduct Initial Study Session on Fiscal Year (FY) 2022-23 Proposed Budget and provide direction to staff
Presenter: Thomas Leung, Senior Management Analyst
City Council Agenda May 19, 2022
A - Table of Contents
B - Introduction
C - Budget Message
D - Budget Guide
E - Community Profile
F - Financial Policies
G - Financial Schedules
H - Council and Commissions
I - Administration
J - Law Enforcement
K - Innovation and Technology
L - Administrative Services
M - Parks and Recreation
N - Community Development
O - Public Works
P - Non-Departmental
Q - Appendix A
R - Appendix B
S - FY 22-23 Proposed Budget Questions and Reponses
16. Subject: Recommendation from the Parks and Recreation Commission to approve funds in the amount of $ 96,460.46 for the Fiscal Year 2022-2023 Community Funding Grant Program and approval of final funding amounts for the Community Funding Program, to be included in the Recommended Budget for Fiscal Year 2022-2023 (Continued from May 17, 2022)
Recommended Action: Consider the recommendation from the Parks and Recreation Commission to approve funds in the amount of $96,460.46 for the Fiscal Year 2022-2023 Community Funding Grant Program. Determine and approve final funding amounts for the Community Funding Program, to be included in the Recommended Budget for Fiscal Year 2022-2023; and provide direction to staff
Presenter: Rachelle Sander, Assistant Director of Parks and Recreation Staff Report
A - Community Funding Applications and Preliminary Eligibility Evaluations B - Commissioner Community Funding Evaluation Form
C - Evaluation Totals and Parks and Recreation Commission Recommendation D - Community Funding Grant Policy
E - Community Funding Historical Funding Information FY 2018-2022
PUBLIC HEARINGS
17. Subject: Consider the Fiscal Year (FY) 2022-23 Fee Schedule Update (Continued from May 17, 2022)
Recommended Action : Adopt Resolution No. 22-049 approving FY 2022-23 Fee Schedules A, B, C, D and E effective July 18, 2022
Presenter: Thomas Leung, Senior Management Analyst
City Council Agenda May 19, 2022
Staff Report
A - FY2022-23 Fee Schedule A - General Fees (redline)
B - FY2022-23 Fee Schedule B - Engineering Fees (redline) C - FY2022-23 Fee Schedule C - Planning Fees (redline)
D - FY2022-23 Fee Schedule D - Building Fees (redline)
E - FY2022-23 Fee Schedule E - Recreation (redline)
F - FY2022-23 Fee Schedule A - General Fees (clean)
G - FY2022-23 Fee Schedule B - Engineering Fees (clean) H - FY2022-23 Fee Schedule C - Planning Fees (clean)
I - FY2022-23 Fee Schedule D - Building Fees (clean)
J - FY2022-23 Fee Schedule E - Recreation (clean)
K - User Fee Study 2016
L - Draft Resolution No. 22-049 approving FY 2022-23 Fee Schedule A, B, C, D, and E
ORDINANCES AND ACTION ITEMS
18. Subject: Consideration of Municipal Code amendments to the Cupertino Municipal Code, Title 2 to add Chapter 2.96 and codify the Economic Development Committee (Continued from May 17, 2022)
Recommended Action : 1. Conduct the first reading of Ordinance No. 22-2240; “An Ordinance of the City Council of the City of Cupertino Adding Chapter 2.96 of Title 2 (Administration and Personnel) to Codify the Economic Development Committee"
2. Find that the proposed actions are exempt from CEQA
Presenter: Tina Kapoor, Economic Development Manager
Staff Report
A - Draft Ordinance
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 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 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 6 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
City Council Agenda May 19, 2022
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