CC 02-0-2024
#7
Second Reading of
Municipal Code
Amendment to Chapter
19.76 Supplemental Report
1 CITY COUNCIL STAFF REPORT
SUPPLEMENTAL 1
Meeting: February 6, 2024
Agenda Item #7
Subject
Second reading of Municipal Code Amendment to Chapter 19.76 to allow privately operated educational uses and privately operated public serving uses in the BA zoning district. (Application No. MCA‐2023‐003; Applicant: City of Cupertino; Location: BA‐zoned (Public Building) properties in Cupertino)
Recommended Action
Conduct the second reading and enact Ordinance No. 23‐2253: “An Ordinance of the City Council of the City of Cupertino to amend Cupertino Municipal Code Chapter 19.76 (Table
19.76.030) to allow privately operated educational uses and privately operated public serving uses in the BA zoning district”.
Background:
Staff’s responses to questions received from councilmember are shown in italics.
Q1: Please provide a list of the 23 BA sites (address and parcel number) and a map. (Chao) Staff response: A list of sites is attached.
Q2: What are the two sites not listed in the Zoning Map? (Chao) Staff response: Please see Attachment B for a list of BA zoned sites.
Q3: Please provide a link to the current zoning map and how use GIS to look up these BA sites (Chao)
Staff response: An interactive, online version of the City’s current zoning map is available at cupertino.gov/municode. Once on this page, visitors will select “MAP” in the upper right hand corner. Users may then search for individual properties or look through the various layers using the “Layers” tab on the left hand column. This map also has a feature called ʺ Filters” which allows visitors to search for multiple properties based on identified criteria, including specific zoning categories. The table shown in Attachment B was generated using this feature.
Q4: Explain why all BA sites need to be re‐zoned when the immediate issue is only the Regnart Elementary site. This question was answered in the Dec 5 meeting. This is a
2 common question from the public. A written answer is preferred on why we cannot make this exception on a case‐by‐case basis. (Chao)
Staff response: The proposed text amendment clarifies the Zoning Ordinance to allow for privately owned, publicly serving uses on BA‐zoned property with a Conditional Use Permit. The proposed amendment is consistent with historical City permitting practices and supports the reuse of surplus, public owned land for public serving uses. As is the case with the Tessellations School, private school use of surplus public school property would be accommodated by the Zoning Ordinance amendment.
The limited clarification of zoning for all BA‐zoned parcels supports this type of reuse and avoids case‐by‐case spot zoning, which is a disfavored practice.
Q5: From the discussion of the Dec 5 meeting, there is a council consensus that the ʺprivately operated public serving usesʺ is not ANY such public serving uses. The public serving uses should be in line with the existing public operated uses. Could you please clarity that in writing? (Chao)
Staff response: The allowed uses in the BA zone will not be changed through the approval of the text amendment. The text amendment allows private operators to perform public services that would have previously been permitted, such as schools or libraries, in the BA zoning district through the approval of a Conditional Use Permit, reviewed by the Planning Commission. The approval of a privately operated use will be contingent upon the Conditional Use Permit findings, including that the proposed use will not be “detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare, or convenience.” Q6: ʺ Can you also clarify what is the current allowed use of the BA zoned properties prior to this change and why this change is necessary.ʺ This is a common confusion by the public. Please provide a clear answer on what was the previously allowed use and what would be the new use. Why it is necessary to change the allowed use for ALL BA zoned properties? (Chao)
Staff response: Please see Attachment B for a list of BA zoned sites’ existing uses. All of them are either schools or city/county facilities such as city hall, county fire, or utilities. Each of these sites is currently permitted to operate the following, without the need for a Planning Entitlement:
Buildings and other uses on land owned or utilized by a federal, State, county, or city government or authority, or by a special district created for public purposes under the laws of the State of California.
Q7: Santosh: ʺ Also specifically is the Cupertino Sports Center zoned BA. What is the current allowed use and what will be the permitted use of CSC after this changeʺ. (Chao)
Staff response: The Cupertino Sports Center is not a BA zoned property and therefore will not be impacted by this text amendment.
Q8: There was a similar question regarding properties owned by De Anza College. Are all properties owned by De Anza College zoned BA? What would be the change in the 3 allowed use? (Chao)
Staff response: For those properties currently zoned BA, including the De Anza College site, the allowed uses will remain the same with the new conditional allowance for those uses to be operated by a private entity.
Q9: It is likely that De Anza College might consider adding staff/student housing on site.
My understanding is that they do not require any rezoning from the city for such use.
But I might be wrong. Please clarify. (Chao)
Staff response: Potential future uses that are not permitted or conditionally permitted under the proposed text amendment are not being considered as part of this item.
Q10: Some public entity has leased public property to private entity for an extended period of time, like 50 years or 99 years. Naturally, the public is concerned of the scope of impact when BA zoned properties allow ʺ privately operated public serving usesʺ, when itʹs unclear what uses are considered ʺ public serving usesʺ. For example, a shopping mall serves the public too, does it not? (Chao) Staff response: While not explicitly defined through the City’s Code, the term “public serving uses” may be best related to “public services” which will often include uses like schools, libraries, courthouses, public utilities, and other uses which are seen as being operated for the benefit of the public at large. Shopping malls, which are classified as commercial uses, although they may be accessible to the public, are provided for private benefit and, therefore, would not qualify as a public serving use. The proposed text amendment requires that the privately operated, public serving uses be first approved by the Planning Commission who may determine that a proposed use is not considered “public serving.”
Q11: How about the sites owned by PG&E and other public agencies? What sites are there? I am aware of one site on North Blaney, but there might be other sites. (Chao) Staff response: Please see Supplemental 1 Attachment B for a list of PG&E’s BA zoned sites with parcel numbers.
Attachments Provided with Original Staff Report:
A. Attachment A ‐ Draft Ordinance No. 23‐2253
Attachments Provided with Supplemental 1:
B. Supplemental 1 Attachment B – Table of BA Zoned Sites Address APN Existing Use Zoning
21710 MCCLELLAN RD 356 09 002 Lincoln Elementary BA
10300 TORRE AVE 369 31 033 City Hall, etc P(BA)
10301 VISTA DR 316 22 019 Lawson Middle School BA
821 BUBB RD 356 12 001 Kennedy Middle School BA
326 49 039, -035, -034 PG&E BA
10445 MILLER AVE 369 15 002 Portion of Creekside Park BA, PR 10555 MARY AVE 326 06 052 Cupertino Service Center BA
19200 PHIL LN 375 40 039 Sedgwick Elementary School BA
10981 FRANCO CT 326 09 071 Portion of Franco Park BA, PR 21000 SEVEN SPRINGS PKWY 366 26 035 County Fire BA
22851 MERCEDES RD 342 22 064 Water Utility BA
21840 MCCLELLAN RD 356 09 001 Monta Vista High School BA 22620 STEVENS CREEK BLVD 342 14 120 County Fire BA
1170 YORKSHIRE DR 362 08 001 Regnart Elementary BA
10253 N PORTAL AVE 316 31 039 Collins Elementary School BA 10100 FINCH AVE 375 06 002, -001 Cupertino High School BA 10500 ANN ARBOR AVE 326 40 018 Garden Gate Elementary BA 21370 HOMESTEAD RD 326 05 089 Homestead High School BA
19325 BOLLINGER RD 375 41 006 Hyde Middle School BA
10155 BARBARA LN 359 12 009 Faria Elementary School BA
21250 STEVENS CREEK BLVD 359 01 002, -004 De Anza College BA 10300 AINSWORTH DR 326 14 008, -007 Stevens Creek Elementery BA 20220 SUISUN DR 369 33 044 Eaton Elementary School BA, R1-7.5 BA Zoned Sites
CC 02-06-2024 Item No. 7.
Attachment B
CC 02-0-2024
#11
Cessation of Hybrid
Commission & Committee
Meetings
Supplemental Report
1 CITY COUNCIL STAFF REPORT
SUPPLEMENTAL 1
Meeting: February 6, 2024
Agenda Item #11
Subject
Cessation of Hybrid Commission and Committee Meetings
Recommended Action
Conduct City Council and Planning Commission meetings in a hybrid format while continuing to utilize in‐person only meetings for all other commissions and committee meetings.
Staff’s responses to questions received from councilmember are shown in italics.
Q1: What other cities still offer hybrid meetings for commission meetings? (Chao)
A survey was conducted with nine cities, revealing that seven of them, namely Mountain View, Sunnyvale, Palo Alto, San Jose, Santa Clara, Campbell, and Saratoga, have provisions in place to enable remote participation during certain Commission Meetings.
On the contrary, Milpitas and Los Gatos did not have such provisions available.
Q2: Please provide the number of views of commission meeting recordings. (Chao)
Following past practice, only Council or Commission meetings that are broadcast live on television are simultaneously streamed on YouTube. The table below displays YouTube views for Council and Commission Meetings that were streamed on YouTube during the period from November 2022 to July 2023.
2 Number of YouTube Views
Legislative
Body
Nov‐
22 Dec‐
22 Jan‐
23 Feb‐
23 Mar‐
23 Apr‐
23 May‐
23 Jun‐
23 Jul‐
23 Parks and
Recreation
Commission
49 42 * 87 69 98 60 78 *
Housing
Commission
91 City Council 857 1364 672 845 989 1164 1736 857 1995 Planning
Commission
71 58 45 80 177 56 138
*No Meeting
Q3: On the 2022‐23 Work Program agenda we had an item titled ʺHybrid Meeting for City Council and Commission Meetingsʺ with description ʺDevelop policy and infrastructure to allow hybrid meetings for both City Council, Commission meetings and future community workshops. This allows seniors, caretakers, parents with young children to participate and speak.” (Chao)
The 2022‐23 Q4 update shows that the item is ʺcompleted.ʺ
Could you please provide an update on what hybrid meeting options were considered during the 2022‐23 year?
The City explored hybrid meeting options from Zoom, Microsoft, and Cisco ultimately opting for Zoom due to its advanced features
and user‐friendly interface. Zoom also
seamlessly integrated with our TV broadcast solution. With Zoom chosen, we evaluated using Zoom meetings or webinars for public meetings. Zoom webinars were preferred for large audiences, audience control, registration, reporting, panelists, monetization, security, branding, and practice sessions, while Zoom meetings suited smaller, informal gatherings.
3 Q4: Could you provide a cost estimate for the requested options? (Chao)
4.1 The minimum option: post audio recordings and retain it for the meeting records.
An additional $50.00/meeting in staff time to trim recording and post audio recording.
4.2 Provide video recording (without call‐in option or any video operation): This could only need a stationary camera and a microphone to
record the meeting. But it is still a
good meeting record.
An additional $70.00/meeting in staff time to setup meeting, trim recording, and post video recording.
4.3 Provide audio‐only recording and hybrid option to allow call‐in: This would allow the seniors and families with young children to participate in the meeting.
4.4 Provide audio‐only recording and allow public comments to be read into the meeting records if submitted in time for an agenda item, this allows the public who cannot attend in person to participate. (But I am not sure if this might be easier to coordinate than Option 3)
For questions 4.3 & 4.4 the answer would be the same. $210 for first hour of the meeting, plus an additional $105 for each hour thereafter. Cost increase is due to at least one Video staff member being present.
4.5 Provide video recording with hybrid option with
minimal staff support: Most people
have experiences conducting zoom meetings nowadays. Provide trainings to Commission members and staff liaison to conduct zoom meetings without additional support. (We might need disclaimers that in case that hybrid meeting option will be best effort in case of technology issues.) This way we wonʹt allow rare technology issues to become roadblocks to regular hybrid video meetings.
An additional $70.00/meeting in staff time to setup meeting, trim recording and post video recording. Staff would strongly recommend against this procedure due to potential Brown Act Violations caused by technical difficulties.
CC 02-0-2024
#12
Cost Allocation Plan, User
Fee Study, and Cost
Recovery Policy
Supplemental Report
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CC 02-06-2024
#13
Council Reports, Moore
Desk Item
1 CITY COUNCIL ACTIVITY REPORT Meeting: February 6, 2024 Reporting Councilmember: Councilmember Kitty Moore Report Activity Dates: 1/8/24 to 2/5/24 Event Date, Title, and Description: January 8, 2024. 1:1 with City Manager. January 9, 2024. Housing Element update with City Attorney. January 12, 2024. Council Procedures review. January 12, 2024. Prep. Session for January 17, 2024 City Council meeting. January 16, 2024. 1:1 with City Manager. January 17, 2024. Staff meeting regarding Budget Unassigned Fund Balance. January 17, 2024. City Council meeting. January 19, 2024. CalCities Environmental Quality Policy Committee meeting. 4th year selected to serve on this CalCities committee. The committee has councilmembers from across the state discussing pending environmental legislation. • Received the CalCities General Briefing • Received the Cal Cities 2024 Advocacy Priorities: o 1. Safeguard local revenues and bolster local economic development. o 2. Strengthen climate change resiliency and disaster preparedness.
City Council Councilmember Activity Report
2 o 3. Improve public safety in California communities. o 4. Expand investments to prevent and reduce homelessness and increase the supply of affordable housing. • Updated the Existing Policy and Guiding principles with minor additions. • Had a robust discussion on SB 54 (2022) implementation. • Received a presentation on the Reusable Foodware Ordinance adopted in Mill Valley which includes a 25 cent cup charge. • Adopted the 2024 Work Plan • Received the State Legislation and Budget Review regarding the deficit. • Received information on opportunities to engage with CalCities. January 22, 2024. Weekly City Manager 1:1. January 24, 2024-January 26, 2024. CalCities Mayor and Councilmember Academy, Monterey, CA. Attended this annual educational conference. The program may be accessed here: https://www.calcities.org/docs/default-source/advocacy/2024-mayors-and-council-members-academy-program.pdf?sfvrsn=3c3bb210_3 and the session materials may be accessed here: • Resource Guide • Harassment Prevention Training for Supervisors and Officials (AB 1661) • Financial Responsibilities and City Revenues • Social Media Digital Communications And Civic Engagement • Your Legal Powers and Obligations • Policy Role in Land Use Planning • Understanding Public Service Ethics Laws and Principles: AB 1234 Training • Your Cal Cities and How to Use It • Developing an Effective City Council and Manager Team - Key to Good Governance and City Success • Effective Advocacy and Key City Issues Financial Responsibilities and City Revenues was particularly beneficial, hosted by the following presenters: • Michael Coleman, Fiscal Policy Advisor, League of California Cities, CaliforniaCityFinance.com • Christine Turner, City Manager, City of Morgan Hill January 25, 2024. Attended the Santa Clara County Library District Joint Power’s City Council Councilmember Activity Report
3 Authority Board of Director’s (SCCLD JPA BOD) meeting representing Cupertino, held in the Campbell. • Had pre-meeting regarding Agenda item questions • Directors recognized Library Employee Excellence Award Recipients • Accepted various cash donations to libraries • Received the county Audit Report and asked for updates on the IT plan implementation • Accepted the 5-yr Financial Forecast, 10-yr Capital Maintenance Plan • Approved budget increase to the Storybook library improvement plans after a robust discussion on these exciting children’s area upgrades throughout the district and coming to Cupertino this year • Volunteered for and was accepted to the Finance Committee January 26, 2024. Joint CalCities Legislative meeting with Santa Clara County Cities Association and the San Mateo County Council of Cities to hear from local Assembly and Senate members. January 28, 2024. Met with local high school students interested in manufacturing programs. January 29, 2024. 1:1 meeting with City Manager. January 29, 2024. SCCLD JPA introductory/overview meeting with SCCLD leadership. January 29, 2024. City Council meeting – Commission interviews. January 30, 2024. City Council meeting – Commission interviews/voting. New app. Streamlined the voting process. January 31, 2024. Attended the Silicon Valley Reads kickoff event “A Greener Tomorrow Starts Today” at De Anza College. You may watch the event here: https://www.youtube.com/watch?v=G63bxGdq0yw February 1, 2024. Valley Water District Water Ambassador Recognition dinner and award night. I was accepted to the Water 101 program and completed it in 2023. Volunteers from across the county were recognized for their work to improve the environment for clean creeks. The Water Ambassador program is still accepting City Council Councilmember Activity Report
4 applications for this excellent and informative program for people who care about clean water and want to know where our water comes from: https://www.valleywater.org/application_for_water_101_academy If you have an idea needing a grant, check out their Grants page here: https://www.valleywater.org/learning-center/grants-partnerships/mini-grants-program February 2, 2024. Fee Study Session prep. Session. February 3, 2024. Attended the 21st Annual SCCLD Forum. This informative forum reviewed the library district budget, programs, and projects with a special guest speaker, Author of The Playful Life – The Power of Play in Our Every Day, Jed Dearybury from South Carolina who led the group with a session on the importance of play. February 4, 2024. Attended CLF Artificial Turf presentation regarding the environmental impacts of artificial turf. February 5, 2024. 1:1 with City Manager. February 5, 2024. Interview with Moss Adams. January 8, 2024-present. Begin Winter quarter Environmental Studies courses: Environmental Management Tools: Environmental Management Systems & Environmental Performance Reporting and Environmental Resource Mgmt & Pollution Prevention: Air, Water & Land. Self-funded. Have been studying the quality management-related ISO 14001 sustainability planning standards and Air pollution controls. This is the start of my third year in Environmental Studies.