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Cupertino City Council
October 18, 2022

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Meeting
October 18, 2022
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Cupertino City Council
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CC 10-18-2022

Special Meeting #1

California Code of
Regulations Adoption
Ordinance – Three Year
Code Cycle

Presentation
California Code of Regulations
Adoption Ordinance
Three-Year Code Cycle
CC 10-18-2022 Special Meeting Item No. 1
Title-24 California Code of Regulations
Part 1 - 2022 California Administrative Code
Part 2 - 2022 California Building Code, Volumes 1 and 2 Part 2.5 - 2022 California Residential Code
Part 3 - 2022 California Electrical Code
Part 4 - 2022 California Mechanical Code
Part 5 - 2022 California Plumbing Code
Part 6 - 2022 California Energy Code
Part 7 – vacant (formerly known as the California Safety Construction Code) Part 8 - 2022 California Historical Code
Part 9 - 2022 California Fire Code
Part 10 – 2022 California Existing Building Code
Part 11 - 2022 California Green Building Standards Code Part 12 – 2022 California Referenced Standards Code

Local Amendments
 Tri-Chapter Uniform Code Committee
 Santa Clara County Fire Marshals
 Silicon Valley Clean Energy through the Bay
Area Reach Codes Initiative

Local Amendments - Changes Highlighted
Chapter 16.02
 Removes the Administrative Code
requirements in the building code and
places them in Chapter 16.04.
 Chapter 16.02 now acknowledges the
adoption of the 2022 California
Administrative Code in its entirety
without local amendments.

Local Amendments - Changes Highlighted
Chapter 16.28
Updated to reflect the Streamlined
Permitting Process for Electric Vehicle
Charging Stations in compliance with AB
1236 introduced for the first reading at
the October 4, 2022 City Council
meeting.

Local Amendments - Changes Highlighted
Chapter 16.32
The All-Electric Buildings Reach Codes
adopted by City Council in 2019 was
relocated from the Energy Code (Chapter

16.54) to its own Chapter (Chapter 16.32)
with no substantive changes made.

Local Amendments - Changes Highlighted
Chapter 16.40
Adopts the California Fire Code with local
Fire Code amendments.

Local Amendments - Changes Highlighted
Chapter 16.42
The Adoption of the 2021 International
Property Maintenance Code (IMPC).

Local Amendments - Changes Highlighted
Chapter 16.58
Incorporates the Green Building
requirements adopted by City Council in
2012 and re-adopted in 2019.

Timelines and Next Steps…
 July 1, 2022: California Code of Regulations (or
State Codes) were published.
 January 1, 2023: Eff. Date of State Codes.
 October 18, 2022: First reading of Ordinance.
 November 1, 2022: Second reading of Ordinance.
 January 1, 2023: Eff. Date of Local Amendments.

1. Conduct the first reading of An Ordinance of the City Council of the City of Cupertino Amending Chapters 16.02, 16.04, 16.06, 16.16, 16.20,

16.24, 16.28, 16.32, 16.40, 16.42, 16.54, 16.58, 16.62, 16.64, and 16.68 of Title 16 of the Cupertino Municipal Code adopting the California Building, Residential, Electrical, Mechanical, Plumbing, Energy, Fire, Historical Building Code, Fire, Existing Building Code, Green Building Standards Code, Referenced Standards Code, Uniform Housing Code, and Property Maintenance Code with certain exceptions, deletions, modifications, additions and amendments”;

2. Adopt a Resolution making factual findings with respect to the local geological, topographical, and climatic conditions necessary to make local amendments to the California Building Standards Code.

3. Find the project is exempt from CEQA pursuant to 14 California Code of Regulations Sections 15061(b)(3) and 15308.

Recommended Action:

Questions?
CC 10-18-2022

Special Meeting #2

City Hall Annex
10455 Torre Ave

Presentation
City Hall Annex
Progress Report
18 October 2022
CC 10-18-2022 Special Meeting Item No. 2
OCTOBER 18
Agenda

1. 10455 Torre Ave, Existing Conditions

2. Programming

3. EOC program consideration

4. Contract Actions

1. Existing Conditions

10455 Torre Avenue:

Existing building

10455 Torre Avenue: Existing building
Reception lobby Reception desk Hall Office
10455 Torre Avenue:

Existing building
Break Room Attic
Bathroom
Office
10455 Torre Avenue: Off-street Parking
Site plan - Existing

TORRE AVENUE

PACIFICA AVENUE
22 parking
spaces
10455 Torre Avenue: Street Parking
Street parking
available on
Torre and
Pacifica, east of
Torre
10455 Torre Avenue: Existing floor plans
Ground floor plan - Existing
FRONT
DOOR

TORRE AVENUE

PACIFICA AVENUE
19 offices
1 conference
room
10455 Torre Avenue: Existing floor plans
Second floor plan - Existing
FRONT
DOOR

TORRE AVENUE

PACIFICA AVENUE
Storage
1 conference
room

2. Programming

Receive an update and direct staff on the FY 2021-22 CIP project City Hall Annex (10455 Torre Avenue Improvements) to:
1) Proceed with programming, design, and construction of the building as the City’s Permit Center and Emergency Operations Center (EOC.)
2)
Authorize the Director of Public Works to execute any necessary services orchange orders, up to an amended contingency amount of $166,722 for a total contract amount of $610,202 on the design professional services agreement between theCity and DIALOG Design LP (DIALOG) for the City Hall Annex Project (Project 2022-06) for the abovementioned scope.
3) Authorize the City Manager to (a) execute a Design Professional Services Agreement between the City and Cumming Management Group, Inc. (Cumming) to provide construction management and related services for the City Hall Annex Project (Project 2022-06) in the amount of $359,805; and (b) authorize the Director of Public Works to execute any necessary services or change orders, up to a contingency amount of $71,961 (20% of base services,) for a total appropriationof $431,766.

Recommended Action
130 Staff (Feb 2022) + 5 Council + 5 Planning Commissioners = 140 occupants at City Hall . Two main business functions:
• Permit Center/Public Counters:
25 workstations, flexible meeting/conference rooms, 5
counter stations
• Executive Suite & Meetings:
14 offices, 22-32 workstations, support spaces including meeting/conference rooms
Spatially and Functionally, the Permit Center/PublicCounters is a better fit at the new City Hall Annex.
** Notes about workstation and office requirements assume the full leverage of Telework capabilities; storage, equipment, and other technical requirement s not included here.

Programming
City Hall Annex: Concept Diagram
2 public-facing
conference rooms and
1 public restroom
3-5 public counter
positions
28 workstations
indicated
Multiple meeting
spaces provided
Ground floor plan – Draft Concept
Deliveries entrance
Expanded seating and
trellis at front entrance
Staff break
room and
outdoor
patio
City Hall Annex: Concept Diagram
5 -7 workstations
possible at this level
Second floor plan – Draft Concept

3. EOC

City Hall Annex: EOC set-up
EOC: 20 desks, 8
monitors, adjacent
break-out rooms, and
electrical/data on
emergency power
2nd floor overlook will
be quite useful for
EOC management
EOC storage can be
easily mobilized
during an event
Ground floor: 1500 square feet, Second floor: 600 square feet EOC: Size comparisons
City Hall Annex
Sunnyvale EOC
Service Center
City Hall
Shown in relative scale
Cost
Comparisons
Location EOC SQ
FT

BLDG SQ

FT COST
COST
without
EOC
Notes
CURRENT City
Hall location
1,400 24,000 Previously - City
Council Chambers
City Hall
Annex 1,500 5,700 $4,265,000 *$3,900,000 $465K differential City Hall -
Renovation
1,200 24,000 $28,000,000 $27,000,000 $1M differential
Service
Center
675 2,900 $1,450,000 Using $500/SF
Senior
Center
2,950 3,500 $1,750,000 Using $500/SF
Library 2,800 5,600 $2,800,000 Using $500/SF
Community
Hall
2,100 6,200 $3,100,000 Using $500/SF
Civic Center
- New
building
2,400 2,400 $3,240,000 Using $1350/SF
City Hall -
New
1,200 36,000 $48,000,000 $44,400,000 $3.6M differenti al Quinlan
Community
Center
4,200 8,100 $4,050,000 Using $500/SF
*The projected costs of the
City Hall Annex renovation
project are currently higher
than the approved City
funding ($3M). Staff will
return to Council with more
accurate cost information
to request increased
funding at a future date.

Options are listed from
least expensive to
most expensive.

4. Contracts

Receive an update and direct staff on the FY 2021-22 CIP project City Hall Annex (10455 Torre Avenue Improvements) to:
1)
Proceed with programming, design, and construction of the building asthe City’s Permit Center and Emergency Operations Center (EOC.)
2) Authorize the Director of Public Works to execute any necessary services orchange orders, up to an amended contingency amount of $166,722 for a total contract amount of $610,202 on the design professional services agreement between theCity and DIALOG Design LP (DIALOG) for the City Hall Annex Project (Project 2022-06) for the abovementioned scope.
3) Authorize the City Manager to (a) execute a Design Professional Services Agreement between the City and Cumming Management Group, Inc. (Cumming) to provide construction management and related services for the City Hall Annex Project (Project 2022-06) in the amount of $359,805; and (b) authorize the Director of Public Works to execute any necessary services or change orders, up to a contingency amount of $71,961 (20% of base services,) for a total appropriationof $431,766.

Recommended Action
Thank You!
CC 10-18-2022

#8

City Manager's Office
Department Update

Presentation
October 18, 2022
City Manager’s Office
Department Update
Acting Assistant to the City Manager, Astrid Robles
CC 10-18-2022 Item No. 8

City Clerk
• Legislative Process
• Elections
• Programs
• AB1234 ethics compliance
• Commission/ Committee Onboarding
• Statement of Economic Interests fillings
• FPPC campaign finance filings
• Lobbyist registration
• Records retention
• Other Accomplishments
• Public Records Act Requests (PRAs)
• City Council agendas and actions
• Oversee all City Commission and Committee agendas
• Commissions and Committees Recruitment

• Climate Action Plan adopted August 12, 2022
• Climate Action Plan 2.0 underway
• Projects in collaboration with Public Works
• EV charging expansion project
• Sustainable infrastructure
• Streetlight LED assessment
• Other Projects
• Supporting drought
resilience
• Water conservation
incentives
Sustainability

• Programs
• Emergency Operations and Planning
• Block Leader Program Coordination
• Citizen Corps (CERT, MRC, and CARES)
• Accomplishments and Highlights
• Quarterly EOC Section Trainings
• Personal Emergency Preparedness Trainings
• Quarterly tabletop exercises with partner agencies and City staff • Volunteer Engagement through Block Leaders and Citizen Corps • School Districts workshops planning for coordinated response • Evacuation planning for all 34 evacuation zones (AB747) • Current Fiscal Year
• Automatic License Plate Readers (ALPR)
• Mass Care and Shelter Planning (AB2311, SB160)
Emergency Management

Office of Communications
• Public Outreach
• Community Engagement
• City Events
• Marketing and Promotion
• Citywide Support

• Accomplishments and Ongoing Projects
• New Cupertino Business Outreach Program (CBOP)
• Business Connect e-Newsletter
• Focus on Small Business Support
• Permit Facilitation for businesses locating or expanding in Cupertino
• Market Research Survey
• Upcoming Initiatives
• Cupertino Online Store
• Small Business Connect Hub
• Regulating Diversified Retail Use
• Economic Development Committee
• Overall Approach
• Partnerships
• Cross-Department Collaboration
• Private Sector Listening Mechanism
• Promoting Vibrancy and Vitality
Economic Development

Administration
City Work Program
• Quarterly Updates
• Annual adoption process
Legislative Affairs
• Working with State Lobbyists
• Legislative Review Committee
Policies and Procedures
• No Smoking Ordinance
• Commissioner’s Handbook
• FY 22-23 Safe Gun Storage Ordinance

Dashboard currently updated for Q4: cupertino.org/cityworkprogram 43 projects total
• 15 projects completed
• 5 projects pending completion
• 1 project on-hold
• 1 project operational
• 21 multi-year items carried
into FY 22-23
City Work Program FY 21-22 Q4 Update

Student Internship Program Project Update
• Mayor piloted 2022 summer internship program
• 4 high school interns participated
• Mayor’s Cup Challenge
• Angel Island Excursion
• Library Expansion
Follow-Up

Thank you!
CC 10-18-2022

#16

20860 McClellan Road
Development

Presentation
1 20860 McClellan Road
Six Lot Subdivision and Development
● City Council Meeting – October 18, 2022
Executive Summary
 10/22/21: Application for rezone, TM, and Two-Story Permit received  Staff review and Mitigated Neg. Dec. (MND) initiated
 5/19/22: ERC recommends MND appropriate document
 Directed additional soil testing prior to PC hearing
 6/14/ 22: Applicant invokes right under HAA to pursue GP consistent project but
commits to complying with mitigation measures from MND
 Does not need rezoning
 Project now eligible for Infill Exemption under CEQA
 9/13/22: PC recommends approval of project on 3-2 vote (No:

Kapil/Wang)
1 2
CC 10-18-2022 Item No. 16
2 Background
• 1.25 Acres
• SFR
• Streets:
• North - McClellan
Rd
• East - Cherryland
Dr
• Uses:
• North, East and
South: SFR
• West: Church
N
Project DataProject Data
● Tentative Map ● Six Homes with Balconies● Tentative Map ● Six Homes with Balconies Dedication
LOT 1
LOT 2
LOT 3
LOT 4
LOT 5
LOT 6
Private street
3 4
3 Analysis
Net lot area Lot
Width
FAR (not including
streamlined ADU) Height
Lot 1 8,851 sq. ft. 69 feet 3,719 sq. ft. (43.3%) 27’
Lot 2 7,535 sq. ft. 60 feet 3,385 sq. ft. (44.9%) 26’-4” Lot 3 7,532 sq. ft. 60 feet 3,385 sq. ft. (44.9%) 26’-11” Lot 4 7,526 sq. ft. 63 feet 3,385 sq. ft. (44.97%) 26’-4” Lot 5 8,469 sq. ft. 62 feet 4,745 sq. ft. (43%) 25’
Lot 6 9,615 sq. ft. 61 feet 4,025 sq. ft. (42%) 27’-1”
Project Consistency
General Plan Yes
Zoning Yes, pursuant to State law
Environmental Review Categorically Exempt per Section 15332 1Pursuant to State law, rezoning not required.

Traffic, Circulation, Ped & Bike Improvements
VMT: Small projects that generate less than
110 new trips per day, and do not exceed
square footage thresholds.

Project complies with Chapter 19.124
parking regulations.

Pedestrian and bicycle improvements
along McClellan Road.
5 6
4 Planning Commission Hearing – Public Comments
• Traffic impacts and on street parking
• ADU setbacks and layout
• Housing is needed in area and should support surrounding employees working at De Anza College/adjacent
commercial development
• Concerns related to access from Cherryland Drive, the existing private street, with shared ingress/egress easements • Privacy impacts of proposed balcony on lot six
• Fence height for lot six
Site PlanningSite Planning
Shared access on private street
LOT 1
LOT 2
LOT 3
LOT 4
LOT 5
LOT 6
7 8
5 Architectural DesignArchitectural Design
Noticing & Public Comment
Site Sign, Legal Ad, & Mailed Notices
Public comments received:
* common private street obligations;
* finished floor elevations discrepancies
* Parking impacts
* Garage locations
9 10
6 General Plan Policies
● Supports several General Plan goals:
● Policy LU-3.3: Building Design
● Strategy LU-3.3.1: Attractive Design
● Strategy LU-3.3.5: Building Location
● Strategy LU-3.3.6: Architecture and
Articulation
● Policy LU-27.2: Relationship to the Street
● Strategy LU-27.7.1: Lot Size
● Policy LU-27.4: Connections
Housing Accountability Act
• Development would have specific adverse
impact on public health or safety unless
disapproved, or approved at lower
density; and
• There is no feasible method to satisfactorily
mitigate or avoid specific adverse impact,
other than disapproval, or approval at
lower density.
11 12
7 • HAA: Local agency shall not require rezoning when
project consistent with:
• Objective General Plan standards and criteria but
current zoning is inconsistent with General Plan
designation
Project does not require rezoning
Project is consistent with R1-7.5 Zoning District standards Rezoning & HAA
Recommendation
That the City Council:

1. Find actions exempt from CEQA

2. Approve Tentative Map Application (TM-2021-006);

3. Approve Two-Story Permits (R-2021-040, -041, -042, - 043, -044, -045); and

4. Approve Minor Residential Permits (RM-2022-015, -
016, -022, -023, -024, -025)
13 14
CC 10-18-2022

#17

Regnart Creek Trail
Pedestrian Walkway
Easement Signage

Presentation
City Council
Regnart Creek Trail/Campo de Lozano
Midblock Pedestrian Crosswalk and Public
Pedestrian Walkway Easement Signage
October 18, 2022
CC 10-18-2022 Item No. 17
History
• Campo de Lozano developed early 2000’s
• Included 400’ Regnart Creek Trail along
southern boundary
• City requested and was granted 10’ wide
pedestrian easement along western
boundary to connect Regnart Creek Trail to
public sidewalks along Rodrigues
• Trail connects to publicly accessible sidewalks
at eastern end
History
• City approved extension of Regnart Creek
Trail in 2020, including a continuation
westward from Campo de Lozano to
Rodrigues and City Center
• HOA requested City vacate easement, due
to new connectivity to the west and security
concerns
• Public opening of Regnart Creek Trail
anticipated late 2022
History
• City Council discussed pathway and
pedestrian access on February 1 and
March 1, 2022. Directed staff to:
• Monitor trail and pathway usage and
return to Council after one year with report
on whether pathway should remain
• Return to Council sooner with crosswalk
concepts, including safety, and signage
suggestions
Aerial Vicinity Map
Available site distance:
• Location A: West-unlimited. East-240;
• Location B: West-200’. East-unlimited.
• Location C: (70’ east): West-200’. East-unlimited
• Location C’: (170’ east): West-310’. East-unlimited Considerations – Midblock Crosswalk
• Midblock crosswalks discouraged
• Difficult to channelize pedestrians
• Unexpected by drivers
• Site distance for approaching vehicles important
• Crosswalk at walkway not possible due to driveway, fire hydrant, storm drain, and inadequate site distance
• Minimum stopping site distance per HDM: 200 feet at 30 mph • Any midblock crossing would need to be enhanced with high visibility striping, advance warning and pedestrian-actuated flashing beacons
• Approximate cost $40,000
At Pathway
Driveway, fire hydrant and
storm drain conflicts

Location A
Looking to west - unlimited Looking to east – 240’

Location B
Looking to west – 200’ Looking to east –
unlimited’

Location C (70’ east of pathway)
Looking to west – 200’ Looking to east – unlimited’

Location C’ (170’ east of pathway)
Looking to west – 310’ Looking to east – unlimited’

Bicycle Pedestrian Commission Action
• Bicycle Pedestrian Commission considered
crosswalk concepts at July 15, 2022 meeting
• Commission motion:
• Collect data for one year following trail opening to
determine need for crosswalk at locations B or C
• Install crosswalk at location A (Rodrigues gate near
City Hall) prior to trail opening
• However, Staff does not recommend installing
crosswalk prior to trail opening
Pathway Signage
• At March 1, 2022 meeting, City Council directed staff to return to Council with suggested signage for Lozano pathway
• Proposed sign, to be placed at each end of Lozano Pathway:

Staff Recommendation
• Collect data on trail usage, walkway usage, and
vehicle speeds for one year following opening of
trail. Anticipated trail opening November 2022.
• Evaluate need for midblock crossings or trail
access closures at that time and return to
Council with recommendation. Do not install
crosswalk at this time.
• Prior to trail opening, install signage at walkway
entrances advising “Pedestrian Walkway –
Dismount Bicycle”, or similar, along with hours of
trail operation
Questions?
October 18, 2022

END SLIDE
Regnart Creek Trail/Campo de Lozano
Midblock Pedestrian Crosswalk and Public
Pedestrian Walkway Easement Signage

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