CC 03-05-2024 Searchable Packet.pdf — Cupertino City Council, March 5, 2024 (part 3 of 3)

1. That the literal enforcement of the provisions of the Sign Ordinance will result in restrictions inconsistent with the spirit and intent of the ordinance.

CMC 19.104 Signs has allowances for multiple wall signs on the different facades.

Allowing an exception for a single wall sign along the east façade is consistent with the spirit and intent of the Ordinance. However, allowing a third wall sign, combined with a ground sign, is far above the maximum number of signage facing a busy thoroughfare such as Stevens Creek Boulevard and would allocate multiple signage to a single business. This is contrary to the intent and purpose of this Chapter to provide architectural and aesthetic harmony of signs as they relate to building design and surrounding landscaping as well as quantity which will allow for good visibility for the public and the needs of the business.

2. That the granting of an exception will not result in a condition which is materially detrimental to the public health, safety, or welfare.

The sizes and location of the signs will not result in situation that is materially detrimental to the public health, safety, or welfare to the community as the sizes of the signs and the proposed halo illumination of their internal lighting illuminated signage are is well below the maximums standards ordained in the Municipal Code.

3. That the exception to be granted is one that will require the least modification of the prescribed design regulations and the minimum variance that will accomplish the purpose.

Allowing the two wall signs along the east façade is above the allowed number of wall signs. The exception would require a greater modification and variance to Municipal Code section 19.104 Signs than would typically be supported by staff. However, allowing a single wall sign along the east façade is within the limitations of the Municipal Code and is recommended to be approved by City Council.

NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council does hereby uphold the appeal in part, approve the sign exception with the modification of the scope to only allow for an additional wall sign along the east façade, and that the foregoing recitals are true and correct and are included herein by reference as findings.
284
CC 03-05-2024
284 of 386
Resolution No. __________________

Page 2 ends

CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.

1. APPROVED EXHIBITS
Approval is based on the plan set dated May 10, 2023 entitled, “Shane Co.

Exterior Improvements”, drawn by Stacy Hall, consisting of two (2) sheets labeled “A-1 and A-3”; except as may be amended by conditions in this resolution.

2. ACCURACY OF PROJECT PLANS
The applicant/property owner is responsible to verify all pertinent property data including but not limited to property boundary locations, building setbacks, property size, building square footage, any relevant easements and/or construction records. Any misrepresentation of any property data may invalidate this approval and may require additional review.

3. EXCEPTION APPROVAL
A Sign Exception is hereby granted to allow for an additional wall sign along the east façade, as identified in the Staff Report as Location 1.

4. ILLUMINATION INTENSITY AND HOURS OF ILLUMINATION
The intensity of all signs shall not exceed 250 foot-lamberts. All illuminated signs shall be turned off by 11:00 p.m. A letter from the business operator shall be provided prior to final building permit approval acknowledging this condition of approval and incorporated in the building permit plans.

5. LIGHTING INTENSITY ADJUSTMENT
The City reserves the right to require the applicant to utilize dimming technology to adjust the lighting intensity of the sign when deemed necessary.

6. SIGN PERMITS REQUIRED
The applicant shall consult with the City’s Building Division to obtain the necessary sign permits for this project.

7. CONSULTATION WITH OTHER DEPARTMENTS
The applicant is responsible to consult with other departments and/or agencies with regard to the proposed project for additional conditions and requirements. Any misrepresentation of any submitted data may invalidate an approval by the Community Development Department.
285
CC 03-05-2024
285 of 386
Resolution No. __________________

Page 2 ends

8. GRADING AND CONSTRUCTION HOURS AND NOISE LIMITS
a. All grading activities shall be limited to the dry season (April 15 to October 1), unless permitted otherwise by the Director of Public works. b. Construction hours and noise limits shall be compliant with all requirements of Chapter 10.48 of the Cupertino Municipal Code. c. Grading, street construction, underground utility and demolition hours for work done more than 750 feet away from residential areas shall be limited to Monday through Friday, 7 a.m. to 8 p.m. and Saturday and Sunday, 9 a.m. to 6 p.m. Grading, street construction, demolition or underground utility work within 750 feet of residential areas shall not occur on Saturdays, Sundays, holidays, and during the nighttime period as defined in Section 10.48.053(b) of the Municipal Code. d. Construction activities shall be limited to Monday through Friday, 7 a.m. to 8 p.m. and Saturday and Sunday, 9 a.m. to 6 p.m. Construction activities are not allowed on holidays as defined in Chapter 10.48 of the Municipal Code. Night time construction is allowed if compliant with nighttime standards of Section 10.48 of the Cupertino Municipal Code. e. Rules and regulations pertaining to all construction activities and limitations identified in this permit, along with the name and telephone number of an applicant appointed disturbance coordinator, shall be posted in a prominent location at the entrance to the job site. f. The applicant shall be responsible for educating all contractors and subcontractors of said construction restrictions.

The applicant shall comply with the above grading and construction hours and noise limit requirements unless otherwise indicated.

9. NOISE AND VIBRATION NOTICE
At least 10 days prior to the start of any demolition, ground disturbing, or construction activities, the project applicant/contractor shall send notices of the planned activity by first class mail to off-site businesses and residents within 500 feet of the project site. The City will provide a template notice and mailing addresses for the Applicant’s use. The notice must be approved by City staff prior to sending. The project applicant shall provide the City with evidence of mailing of the notice, upon request.

Please note that, if pile driving, the requirements for noticing and monitoring outlined in City Code Section 17.04.050 G (3) shall apply. 286
CC 03-05-2024
286 of 386
Resolution No. __________________

Page 2 ends

10. NOISE AND VIBRATION SIGNAGE
At least 10 days prior to the start of any demolition, ground disturbing, or construction activities, the project applicant/contractor shall ensure that a sign measuring at least four feet by six feet shall be posted on construction fencing at the entrance(s) to the job site, clearly visible to the public, and include the following:
a. Permitted construction days and hours;
b. A description of proposed construction activities;
c. Telephone numbers of the City’s and contractor’s authorized representatives that are assigned to respond in the event of a noise or vibration complaint; and
d. Contact information for City’s and contractor’s authorized representatives that are assigned to respond in the event of a complaint related to fugitive dust, pursuant to the requirements for compliance with BAAQMD’s CEQA Air Quality Guidelines.

If the authorized contractor’s representative receives a complaint, they shall investigate, take appropriate corrective action, and report the complaint and the action taken to the City within three business days of receiving the complaint.

11. NOISE DURING CONSTRUCTION
Prior to issuance of any demolition, grading or building permit, include on plans a note that, during project construction, the project applicant shall incorporate the following measures to reduce noise during construction and demolition activity:
a. The project applicant and contractors shall prepare and submit a Construction Noise Control Plan to the City’s Planning Department for review and approval prior to issuance of the first permit. The Construction Noise Plan shall demonstrate compliance with daytime and nighttime decibel limits pursuant to Chapter 10.48 (Community Noise Control) of Cupertino Municipal Code. The details of the Construction Noise Control Plan shall be included in the applicable construction documents and implemented by the on-site Construction Manager. Noise reduction measures selected and implemented shall be based on the type of construction equipment used on the site, distance of construction activities from sensitive receptor(s), site terrain, and other features on and surrounding the site (e.g., trees, built environment) and may include, but not be limited to, temporary 287
CC 03-05-2024
287 of 386
Resolution No. __________________

Page 2 ends

construction noise attenuation walls, high quality mufflers. During the entire active construction period, the Construction Noise Control Plan shall demonstrate that compliance with the specified noise control requirements for construction equipment and tools will reduce construction noise in compliance with the City’s daytime and nighttime decibel limits.
b. Select haul routes that avoid the greatest amount of sensitive use areas and submit to the City of Cupertino Public Works Department for approval prior to the start of the construction phase.
c. Signs will be posted at the job site entrance(s), within the on-site construction zones, and along queueing lanes (if any) to reinforce the prohibition of unnecessary engine idling. All other equipment will be turned off if not in use for more than 5 minutes.
d. During the entire active construction period and to the extent feasible, the use of noise producing signals, including horns, whistles, alarms, and bells will be for safety warning purposes only. The construction manager will use smart back-up alarms, which automatically adjust the alarm level based on the background noise level or switch off back-up alarms and replace with human spotters in compliance with all safety requirements and law.

12. DARK SKY COMPLIANCE
Prior to issuance of Building Permits, the applicant/property owner shall submit final plans in compliance with the approved lighting plans to comply with development standards of Cupertino Municipal Code Section

19.102.040 Outdoor Lighting Requirements. In the event changes are proposed from the approved plans, said changes must be reviewed and approved by the Director of Community Development or their designee.

The applicant shall provide all documentation required to determine compliance with the Municipal Code.

13. FUGITIVE DUST CONTROL
Prior to issuance of the any demolition, grading, or building permit, include on all permit plans, the full text of each of the Bay Area Air Quality Management District’s Basic Control Measures from the latest version of BAAQMD’s CEQA Air Quality Guidelines, as subsequently revised, supplemented, or replaced, to control fugitive dust (i.e., particulate matter PM2.5 and PM10) during demolition, ground disturbing activities and/or construction.
288
CC 03-05-2024
288 of 386
Resolution No. __________________

Page 2 ends

14. INDEMNIFICATION
As part of the application, to the fullest extent permitted by law, the applicant shall agree to indemnify, defend with the attorneys of the City’s choice, and hold harmless the City, its City Council, and its officers, employees, and agents (collectively, the “indemnified parties”) from and against any liability, claim, action, cause of action, suit, damages, judgment, lien, levy, or proceeding (collectively referred to as “proceeding”) brought by a third party against one or more of the indemnified parties or one or more of the indemnified parties and the applicant related to any Ordinance, Resolution, or action approving the project, the related entitlements, environmental review documents, finding or determinations, or any other permit or approval authorized for the project.

The indemnification shall include but not be limited to damages, fees, and costs awarded against the City, if any, and cost of suit, attorneys’ fees, and other costs, liabilities, and expenses incurred in connection with such proceeding whether incurred by the Applicant, the City, or the parties initiating or bringing such proceeding.

The applicant shall agree to (without limitation) reimburse the City its actual attorneys’ fees and costs incurred in defense of the litigation. Such attorneys’ fees and costs shall include amounts paid to the City’s outside counsel and shall include City Attorney time and overhead costs and other City staff overhead costs and any costs directly related to the litigation reasonably incurred by City. The applicant shall likewise agree to indemnify, defend, and hold harmless the indemnified parties from and against any damages, attorneys’ fees, or costs awards, including attorneys’ fees awarded under Code of Civil Procedure section 1021.5, assessed or awarded against the indemnified parties. The Applicant shall cooperate with the City to enter a Reimbursement Agreement to govern any such reimbursement.

The Applicant shall agree to (without limitation) reimburse the City for all costs incurred in additional investigation or study of, or for supplementing, redrafting, revising, or amending, any document (such as an Environmental Impact Report, negative declaration, specific plan, or general plan amendment) if made necessary by proceedings challenging the project approvals and related environmental review, if the applicant desires to continue to pursue the project.
289
CC 03-05-2024
289 of 386
Resolution No. __________________

Page 2 ends

The Applicant shall agree that the City shall have no liability to the Applicant for business interruption, punitive, speculative, or consequential damages.

15. NOTICE OF FEES, DEDICATIONS, RESERVATIONS, OR OTHER

EXACTIONS
The Conditions of Project Approval set forth herein may include certain fees, dedication requirements, reservation requirements, and other exactions.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 5
th day of March, 2024, by the following vote:

Members of the City Council
AYES:

NOES:

ABSENT:

ABSTAIN:

SIGNED:
________
Sheila Mohan, Mayor
City of Cupertino
________________________
Date
ATTEST:
________
Kirsten Squarcia, City Clerk
________________________
Date
290
CC 03-05-2024
290 of 386
Resolution No. __________________

Page 2 ends

291
CC 03-05-2024
291 of 386

APPEAL FORM

1. Application No.: ______________________________________________________________

2. Applicant(s) Name: ___________________________________________________________

3. Project Planner: ______________________________________________________________

4. Appellant(s) Name: __________________________________________________________ Address: _____________________________________________________________________ Phone Number: ______________________________________________________________ Email: _______________________________________________________________________

5. Please check one:

Note: Do not use this form for Administrative Citation decisions (1.16), Petitions for Reconsideration (2.08.096), or Damage to Public Trees (14.12) a. Appeals regarding Title 19 (Zoning) and 14.18 (Protected Private Trees):
 Administrative decision (14 calendar days after decision to appeal)  Planning Commission decision (14 calendar days after decision to appeal)  Design Review Committee decision (14 calendar days after decision to appeal) b. Other appeals:
 Director of Community Development decision regarding Tentative Maps (18.20) (14 calendar days after decision to appeal)
 Street Improvements (14.04) (30 calendar days after date of decision to appeal)  Code Enforcement regarding Massage Permits (9.06) (5 business days after receipt of notice of decision to appeal)
 Solicitor’s Identification Permit (5.20) (10 calendar days after denial notice to appeal)

6. Date of decision or mailing of notice of decision: _________________________________ 292
CC 03-05-2024
292 of 386

7. Specifically state the grounds and basis for appeal: ______________________________ We are filing an appeal based on the planning commission's ruling on 12/12 that we are only allowed one additional unlit sign over our front door. We are asking for two additional halo lit signs on the east side of the building. One sign would be located above our front door and the other would be on the front corner of the building closest to Steven's Creek. After moving to this location in fall of 2021 we quickly realized that customers were having trouble finding us. Customers are having a hard time finding us due to some unique challenges with the property. The building has a larger set back from Steven's Creek with substantial trees making it hard to see. Additionally, our entrance is not located on the street facing side of the building also causing confusion for customers. The overall design of the building appears to be more industrial/office use rather than a retail site. As a specialty retailer our customers tend to visit only once a year making it easy for them to forget where we are located. Finally, given our business model we pull customers from all over the region many who are not familiar with Cupertino. Given these reasons and the direct impact the lack of signage is having on our overall success in Cupertino we believe we qualify for an exception.
___________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ 293
CC 03-05-2024
293 of 386
Please complete form, include appeal fee of $379.00 pursuant to Resolution No. 23-094 ($793.57 for massage application appeals), and return to the attention of the City Clerk, 10300 Torre Avenue, Cupertino, California (408) 777-3223.

Signature(s): ________________________________________________________________________

19.12.170 Appeals.

A. An appeal may be filed by any person, firm or corporation aggrieved or affected by any grant, denial, modification or revocation of any permit, or any determination or interpretation related to any provision of this title.

B. Filing:

1. An appeal shall be in writing on forms prescribed by the City and shall be filed during regular office hours with the City Clerk within fourteen calendar days after the City decision or if a notice of decision is not required, from the date of the decision or determination, under this title. An appeal not filed within such time shall be barred. The appeal shall state the grounds and basis thereof.

2. Appeals under this chapter are subject to an appeal fee as prescribed by resolution of the City Council.

C. Noticing: Notice of hearing shall be given in the same manner in which the original notice was given. If a project with no noticing is appealed, appropriate noticing shall be determined by the Director of Community Development.

D. Appeal hearing body shall be determined in accord with Section 19.12.030.

E. Decision of the appeal hearing body: The decision or determination of the appeal hearing body on any appeal shall be final and effective immediately.

F. Notice of Decision: Notice of the appeal hearing body's decision shall be mailed to the original applicant, to the person filing the appeal, and to any other person who has filed a written request with the City Clerk.
294
CC 03-05-2024
294 of 386

CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION 2023- 24

OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A SIGN EXCEPTION TO ALLOW AN ADDITIONAt WALL SIGN ALONG THE EAST FA(;ADE AT AN EXISTING RET AIt BUII, DING LOCATED AT 19900 STEVENS CREEK BOUL, EV ARD
SECTION I: PROJECT DESCRIPTION
Application No.: EXC- 2022- 004
Applicant: Kevin Tallman, Shane Co.

Location: 19900 Stevens Creek Blvd.; APN: 369-05-044
SECTION II: FINDINGS FOR A SIGN EXCEPTION:

WHEREAS, the Planning Commission of the City of Cupertino received an application for a Sign Exception ( EXC- 2022- 004) to allow two additional wall signs for a single tenant ( Shane Co) at an existing retail building;
WHEREAS, the necessary public notices have been given as required by the Procedural Ordinance of the City of Cupertino, and the Planning Commission has held at least one public hearing in regard to the application; and
WHEREAS, pursuant to the provisions of the California Environmental Quality Act of 1970 ( Public Resources Code section 21000 et seq.) (" CEQA"), together with the State CEQA Guidelines ( California Code of Regulations, Title 14, Section 15000 et seq.) hereinafter, " CEQA Guidelines"), the City staff has independently studied the proposed Project and has determined that the Project is exempt from environmental review pursuant to the categorical exemption in CEQA Guidelines section 15301:

Existing Facilities for the reasons set forth in the staff report dated December 12, 2023 and incorporated herein; and
WHEREAS, the applicant has met the burden of proof required to support said application with the modification of the scope to only allow for an additional non295 CC 03-05-2024
295 of 386
Resolution No. 2023-24
Page - 2 -
EXC-2022-004 December 12, 2023
illumintaed wall sign above the entrance along the east faqade, as detailed in the Staff report; and

1. That the literal enforcement of the provisions of the Sign Ordinance will result in restrictions inconsistent with the spirit and intent of the ordinance.

CMC19.104Sigrtshasallowancesfor m'tdtip7ewausigrts07? thediffererttfacades. Allowing anexceptionfor asinglenon-iuuminatedwal7sigrtabovetheentrancealongtheeastfagadeis consistentwith thespirit andintent of theOrdinance. However, allowi;nga third wail sign, combinedwith a grormdsign, isfar abovethe maximumnumberof signagefacing a busy thoroughfaresuchasSteve;nsCreekBoulevardandwouldauocatemultiplesignagetoasingle business.

2. That the granting of an exception will not result in a condition which is materially detrimental to the public health, safety, or welfare.

ThesizesandLocationofthesig;nswill notresultin situationthatis materiauydetrimental to thepublichealth, safety, orwelfaretothecommunityasthesizesofthesigrtsarewell below the maximums standards ordained in the Mrmicipa7 Code, as well as its location fitrther setbackfrom thepublicright awayandnon-illuminationwill ;notcauseadistraction to motorists.

3. That the exception to be granted is one that will require the least modification of the prescribed design regulations and the minimum variance that will accomplish the purpose.

Allowing thetwowall signsalongtheeastfagadeisabovetheallowednumberofnial7sigm.

Theexceptionwouldrequireagreatermodificationandvarianceto CMC19.104Sigrtsthan wouldh)pica71ybesupportedbystaff. However, allowingasi;nglenon-illuminatedwa(lsigrt abovetheentrancealongtheeastfagadeis within theLimitationsoftheMtmicipal Codeand is recommended to be approved by the Plaming Commissio; n.

WHEREAS, the Planning Commission is the approval authority for this project and is granted the authority by the Municipal Code to exercise its independent judgment, based on the record before it, for purposes of the California Environmental Quality Act; and
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission takes the following actions:

1. Exercises its independent judgment and determines that the Project is exempt from CEQA pursuant to CEQA Guidelines section 15301. The Class 1 exemption applies to existing facilities that involve negligible or no expansion of existing or former use..

Therefore, the proposed project would not involve the expansion of the former use Section 15301, Class 1), will not significantly expand the use beyond the current use 296
CC 03-05-2024
296 of 386
Resolution No. 2023-24
Page - 3 -
EXC- 2022- 004 December 12, 2023
that already exists or previously existed, and will not have a significant effect on the environment.

2. Approves the application for a Sign Exception, Application no. EXC- 2022- 004 subject to the conditions which are enumerated in this Resolution beginning on PAGE 3 thereof. The conclusions and sub conclusions upon which the findings and conditions specified in this resolution are based, including those contained in the Public Hearing record concerning Application no. EXC- 2022- 004 as set forth in the Minutes of Planning Commission Meeting of December 12, 2023, are hereby incorporated by reference as though fully set forth herein.

SECTION III: CONDITIONS
DEVEL, OPMENT DEPT.

ADMINISTERED BY THE COMMUNITY

1. APPROVED EXHIBITS
Approval is based on the plan set dated May 10, 2023 entitled, " Shane Co. Exterior Improvements", drawn by Stacy Hall, consisting of two ( 2) sheets labeled " A-I and A-3"; except as may be amended by conditions in this resolution.

2. MODIFCATION OF SCOPE
The Planning Commission at its hearing approved only one non-illuminated wall sign above the entrance along the east faqade.

2. ACCURACY OF PRO' jECT PLANS
The applicant/ property owner is responsible to verify all pertinent property data including but not limited to property boundary locations, building setbacks, properff size, building square footage, any relevant easements and/ or construction records. Any misrepresentation of any property data may invalidate this approval and may require additional review.

3. SIGN PERMITS RE0UIRED
The applicant shall consult with the City's Building Division to obtain the necessary sign permits for this project.

4. CONSULT ATION ' l/VITH OTHER DEPARTMENTS
The applicant is responsible to consult with other departments and/or agencies with regard to the proposed project for additional conditions and requirements. Any misrepresentation of any submitted data may invalidate an approval by the Community Development Department.
297
CC 03-05-2024
297 of 386
Resolution No. 2023-24
Page - 4 -
EXC-2022-004 December 12, 2023

5. GRADING AND CONSTRUCTION HOURS AND NOISE LIMITS
a. All grading activities shall be limited to the dry season ( April 15 to October 1), unless permitted otherwise by the Director of Public works. b. Construction hours and noise limits shall be compliant with all requirements of Chapter 10.48 of the Cupertino Municipal Code.
c. Grading, street constniction, underground utility and demolition hours for work done more than 750 feet away from residential areas shall be limited to Monday through Friday, 7 a.m. to 8 p.m. and Saturday and Sunday, 9 a.m. to 6 p.m. Grading, street construction, demolition or underground utility work within 750 feet of residential areas shall not occur on Saturdays, Sundays, holidays, and during the nighttime period as defined in Section 10.48.053(b) of the Municipal Code.
d. Construction activities shall be limited to Monday through Friday, 7 a.m. to 8 p.m. and Sahirday and Sunday, 9 a.m. to 6 p.m. Construction activities are not allowed on holidays as defined in Chapter 10.48 of the Municipal Code.

Night time construction is allowed if compliant with nighttime standards of Section 10.48 of the Cupertino Municipal Code.
e. Rules and regulations pertaining to all construction activities and limitations identified in this permit, along with the name and telephone number of an applicant appointed disturbance coordinator, shall be posted in a prominent location at the entrance to the job site.
f. The applicant shall be responsible for educating all contractors and subcontractors of said construction restrictions.

The applicant shall comply with the above grading and construction hours and noise limit requirements unless otherwise indicated.

6. NOISE AND VIBRATION NOTICE
At least 10 days prior to the start of any demolition, ground disturbing, or construction activities, the project applicant/contractor shall send notices of the plaru"ied activity by first class mail to off-site businesses and residents within 500 feet of the project site. The City will provide a template notice and mailing addresses for the Applicant' s use. The notice must be approved by City staff prior to sending. The project applicant shall provide the City with evidence of mailing of the notice, upon request.

Please note that, if pile driving, the requirements for noticing and monitoring outlined in City Code Section 17.04.050 G ( 3) shall apply.

7. NOISE AND VIBRATION SIGNAGE
298
CC 03-05-2024
298 of 386
Resolution No. 2023-24
Page - 5 -
EXC-2022-004 December 12, 2023
At least 10 days prior to the start of any demolition, ground disturbing, or construction activities, the project applicant/contractor shall ensure that a sign measuring at least four feet by six feet shall be posted on construction fencing at the entrance( s) to the job site, clearly visible to the public, and include the following:
a. Permitted construction days and hours;
b. A description of proposed construction activities;
c. Telephone numbers of the City's and contractor' s authorized representatives that are assigned to respond in the event of a noise or vibration complaint; and
d. Contact information for City's and contractor' s authorized representatives that are assigned to respond in the event of a complaint related to fugitive dust, pursuant to the requirements for compliance with BAAOMD's CE0A Air 0uality Guidelines.

If the authorized contractor' s representative receives a complaint, they shall investigate, take appropriate corrective action, and report the complaint and the action taken to the City within three business days of receiving the complaint.

8. NOISE DURING CONSTRUCTION
Prior to issuance of any demolition, grading or building permit, include on plans a note that, during project construction, the project applicant shall incorporate the following measures to reduce noise during construction and demolition activity:
a. The project applicant and contractors shall prepare and submit a Construction Noise Control Plan to the City's Planning Department for review and approval prior to issuance of the first permit. The Construction Noise Plan shall demonstrate compliance with daytime and nighttime decibel limits pursuant to Chapter 10.48 ( Community Noise Control) of Cupertino Municipal Code. The details of the Construction Noise Control Plan shall be included in the applicable construction documents and implemented by the on-site Construction Manager. Noise reduction measures selected and implemented shall be based on the type of construction equipment used on the site, distance of construction activities from sensitive receptor( s), site terrain, and other features on and surrounding the site ( e.g., trees, built environment) and may include, but not be limited to, temporary construction noise attenuation walls, high quality mufflers. During the entire active construction period, the Construction Noise Control Plan shall demonstrate that compliance with the specified noise control requirements for 299
CC 03-05-2024
299 of 386
Resolution No. 2023-24
Page - 6 -
EXC-2022-004 December 12, 2023
construction equipment and tools will reduce construction noise in compliance with the City's daytime and nighttime decibel limits. b. Select haul routes that avoid the greatest amount of sensitive use areas and submit to the City of Cupertino Public Works Department for approval prior to the start of the construction phase.
c. Signs will be posted at the job site entrance( s), within the on-site construction zones, and along queueing lanes ( if any) to reinforce the prohibition of uru"iecessary engine idling. All other equipment will be turned off if not in use for more than 5 minutes.
d. During the entire active construction period and to the extent feasible, the use of noise producing signals, including horns, whistles, alarms, and bells will be for safety warning purposes only. The construction manager will use smart back-up alarms, which automatically adjust the alarm level based on the background noise level or switch off back-up alarms and replace with human spotters in compliance with all safety requirements and law.

9. DARK SKY COMPLIANCE
Prior to issuance of Building Permits, the applicant/property owner shall submit final plans in compliance with the approved lighting plans to comply with development standards of Cupertino Municipal Code Section 19.102.040 Outdoor Lighting Requirements. In the event changes are proposed from the approved plans, said changes must be reviewed and approved by the Director of Community Devetopment or their designee. The applicant shall provide all documentation required to determine compliance with the Municipal Code.

10. FUGITIVE DUST CONTROL
Prior to issuance of the any demolition, grading, or building permit, include on all permit plans, the full text of each of the Bay Area Air Quality Management District's Basic Control Measures from the latest version of BAAOMD's CE0A Air 0uality Guidelines, as subsequently revised, supplemented, or replaced, to control fugitive dust ( i.e., particulate matter PM2.5 and PMIO) during demolition, ground disturbing activities and/or construction.

11. INDEMNIFICATION
As part of the application, to the fullest extent permitted by law, the applicant shall agree to indemnify, defend with the attorneys of the City's choice, and hold harmless the City, its City Council, and its officers, employees, and agents collectively, the " indemnified parties") from and against any liability, claim, action, cause of action, suit, damages, judgment, lien, levy, or proceeding ( collectively 300
CC 03-05-2024
300 of 386
Resolution No. 2023-24
Page - 7 -
EXC-2022-004 December 12, 2023
referred to as " proceeding") brought by a third party against one or more of the indemnified parties or one or more of the indemnified parties and the applicant related to any Ordinance, Resolution, or action approving the project, the related entitlements, environmental review documents, finding or determinations, or any other permit or approval authorized for the project. The indemnification shall include but not be limited to damages, fees, and costs awarded against the City, if any, and cost of suit, attorneys' fees, and other costs, liabilities, and expenses incurred in connection with such proceeding whether incurred by the Applicant, the City, or the parties initiating or bringing such proceeding.

The applicant shall agree to ( without limitation) reimburse the City its actual attorneys' fees and costs incurred in defense of the litigation. Such attorneys' fees and costs shall include amounts paid to the City's outside counsel and shall include City Attorney time and overhead costs and other City staff overhead costs and any costs directly related to the litigation reasonably incurred by City. The applicant shall likewise agree to indemnify, defend, and hold harmless the indemnified parties from and against any damages, attorneys' fees, or costs awards, including attorneys' fees awarded under Code of Civil Procedure section 1021.5, assessed or awarded against the indemnified parties. The Applicant shall cooperate with the City to enter a Reimbursement Agreement to govern any such reimbursement.

The Applicant shall agree to ( without limitation) reimburse the City for all costs incurred in additional investigation or study of, or for supplementing, redrafting, revising, or amending, any document ( such as an Environmental Impact Report, negative declaration, specific plan, or general plan amendment) if made necessary by proceedings challenging the project approvals and related environmental review, if the applicant desires to continue to pursue the project.

The Applicant shall agree that the City shall have no liability to the Applicant for business interruption, punitive, speculative, or consequential damages.

12. NOTICE OF FEES, DEDICATIONS, RESERV ATIONS, OR OTHER EXACTIONS The Conditions of Project Approval set forth herein may include certain fees, dedication requirements, reservation requirements, and other exactions. 301
CC 03-05-2024
301 of 386
Resolution No. 2023-24
Page - 8 -
EXC- 2022- 004 December 12, 2023
PASSED AND ADOPTED this 12th day of December, 2023, at a regular Meeting of the Planning Commission Committee of the City of Cupertino, State of California, by the following roll call vote:

AYES:

NOES:

ABST AIN:

ABSENT:

COMM[ SSIONERS: Lindskog, Fung, Madhdhipatla, Scharf
COMMISSIONERS: None
COMMISSIONERS: None
COMMISSIONERS: Mistry
ATTEST:

Piu Ghosh
Planning Manager
APPROVED:

Steven Scharf
Chair, Planning Commission
302
CC 03-05-2024
302 of 386

CAPABLE
EV

CAPABLE
EV
S0
°
1 3
'
0 0
"
E
3 7
2 .
2 8
'
N 0°13'00" W 372.28'
S 89°36 0' 0" W 224.96'
N 89°36 0' 0" E 224.96'

PROPERTY LINE
P
R
O
P
E
R
TY
LIN
E

PROPERTY LINE

PROPERTY LINE
P
A
R
K
I
N
G
N
O
G
N
I
K
R
A
P
O
N
G
N
I
K
R
A
P
O
N
N
A
V
Exception #8 of Prelim Title
G
A-32
A-34
A-33
A-3
1 A-1
2 ADJACENT TENANT SPACE
S T E V E N S C R E E K B L V D.

SHANE CO SUITE
S2
S3
S3
S3
S3 S3
S3
S3
S3
S3 S3
S3
S3
S6
S7
S7 S7 S7
S7
S7
S7 S7 S7 S7
S7 S7
S7
S8
S8
S12 S11
S13
S14
S15
S16 S16 S17 S18
S21 S22
S24
S24
S24
S24
S24
S26
S26
S31
S33
CLR.
4' - 3" MIN.

S19
S34
S35 S35 S35 S35
S35
S35
L1
L1
L3
L2
L3 L3 L3 L3
L3
L3

DEMO PROPOSED

DEMO PROPOSED
S3
S3
S7
S36
S37
S38
S38
S38

SETBACK

DIAGRAM
49' - 3"
S2
L4 L4
L4
L4 L4
L4
(E) ROOF LINE (VARIEIS)
113' - 6"
FIRST FLOOR (F.F.)
100' - 0"
(E) HIGH PARAPET LEVEL
120' - 1"
(E) LOW PARAPET LEVEL
116' - 1"
(N) ENTRY TOWER LEVEL
122' - 0"
45°
1:1 SLOPE

MARK DESCRIPTION TYPE
L1 4" OUTDOOR CYLINDER - FC OUTDOOR LIGHTING ZFCC410 (DOWN LT ONLY) WALL MTD L2 4" RECESSED SOFFIT - LITHONIA LIGHTING LBR4 RECESSED L3 LED FLOOD LIGHT - RSXF1 (FIXTURE TO MATCH (E) L.L. PROVIDED FIXTURES) WALL MTD L4 18" WALL SCONCE - WDGE3 LED (FIXTURE TO MATCH (E) L.L. PROVIDED FIXTURES) WALL MTD NOTES

BENJ AMIN TALPOS
REVISIONS: C-31704
E:\Shane Co_Cupertino\EXTERIOR\VE Option\SHANE CO_CUPERTINO_VE.rvt5/10/2023 2:07:07 PM 5/10/23
SHANE CO. EXTERIOR IMPROVEMENTS

PLANNINGSUBMITTAL
SITE PLAN A-1
STACEY HALL 19900 STEVENS CREEK BLVD., CUPERTINO, CA

KEYNOTES - SITE
Key
Value Keynote Text
S2 (E) ACCESSIBLE PARKING STALLS AND
SIGNAGE TO REMAIN.

S3 (E) PARKING STALL TO REMAIN, TYP.

S6 (E) PAVING/WALKABLE SURFACE TO
REMAIN, TYP.

S7 (E) LANDSCAPE PLANTING AREA TO REMAIN.

GC TO REPLACE (E) PLANTINGS AS REQ'D
FOR NEW WORK. VERIFY PLANTING TYPE w/
AS-BUILTS AND MATCH (E). GC TO MODIFY
(E) IRRIGATION SYSTEM AS REQ'D FOR NEW
WORK. VERIFY EXTENTS IN THE FIELD.

S8 (E) SHORT-TERM BIKE RACK TO REMAIN.

S11 (E) TRANSFORMER TO REMAIN.

S12 (E) TRUNCATED INDICATOR DOMES, TYP.

S13 (E) TRASH ENCLOSURE TO REMAIN.

S14 (E) FIRE DEPARTMENT VEHICLE TURNING
RADIUS - PREVIOUSLY APPROVED, TYP.

S15 (E) GAS METER AND FIRE SPRINKLER
SERVICE TO REMAIN.

S16 (E) "FUTURE" ELECTRIC VEHICLE PARKING
STALL, TYP. VERIFY FINAL LOCATION AND
QUANTITY W/ L.L. DWGS.

S17 (E) MAIL/PARCEL BOX TO REMAIN.

S18 (E) WHEELSTOP TO REMAIN, TYP.

S19 ACCESSIBLE PATH OF TRAVEL.

S21 (E) LONG-TERM BIKE STORAGE ROOM TO
REMAIN. NOT PART OF SHANE CO LEASABLE
AREA.

S22 (E) MAIN BUILDING ELECTRICAL ROOM AND
MAIN DISTRIBUTION PANEL TO REMAIN. NOT
PART OF SHANE CO LEASABLE AREA.

S23 (E) ADJACENT STRUCTURES TO REMAIN,
TYP.

S24 (E) BUILDING ENTRANCE TO REMAIN.

S26 (E) PARKING AREA TO REMAIN, TYP.

S31 (N) PLANTER AND INTEGRAL BENCH -

REQUIRED AS A SECURITY ELEMENT TO

PROTECT FRONT ENTRY FROM VEHICLE
ENTRY.

S33 (N) SUITE ENTRANCE AND ENTRANCE
TOWER ELEMENT. ENTRANCE TOWER IS

NON-CONDITIONED SPACE AND NOT

CONSIDERED AS PART OF THE OVERALL
OCCUPIABLE BUILDING AREA.

S34 (E) DEMISING WALL TO REMAIN.

S35 (N) DECORATIVE SITE BOLLARD W/

INTEGRAL LIGHTING COMPONENT
(LIGHTWAVE 2 STRAIGHT BOLLARD,
ULW-10874, W/ SECURITY CORE IN FRONT OF
ALL FENESTRATION AREAS), TYP.

S36 (N) PERMEABLE PAVER HARDSCAPE PATIO
w/ MAX. 2% SLOPE IN ANY DIRECTION. MAX

BEVEL TRANSITIONS BETWEEN ALL PAVERS
TO BE 1/2" OR LESS w/ MAX. 1/4" BEVEL.

PAVERS TO MATCH PREVIOUSLY L.L.

APPROVED DESIGN.

S37 (N) CONCRETE WALKWAY. MAX 2% SLOPE IN
ANY DIRECTION w/ 0" TRANSITION BETWEEN
(E) CONCRETE WALKWAY/LANDING AND
PAVER PATIO.

S38 (N) LANDSCAPE AREA. PLANTING TO MATCH
(E) AREA PLANTERS.

SCALE: 1/16" = 1'-0"

SITE PLAN - PROPOSED PLANNING VE
A-1 SCALE: 1/16" = 1'-0" 2 ELEVATION - EAST (BUILDING BULK SETBACK DIAGRAM) LOT AREA 83,766 SF

BUILDING AREA
EXISTING BUILDING AREA: 28,813 SF
LOT COVERAGE: 35.1%

REQUIRED PARKING
*THERE IS NO NEW SF

PROPOSED AS PART OF

THIS SCOPE OF WORK
TOTAL PARKING PROVIDED: 114 SPACES

SITE STATISTICS / PARKING ANALYSIS
NOTE:

WITH THE EXCEPTION OF WORK REQUIRED

TO PREPARE EXISTING SITE ELEMENTS FOR

THE NEW ENTRY TOWER AND PERMEABLE

HARDSCAPING PATIO PROPOSED HEREIN AS

PART OF THE SCOPE WORK, ALL SITE

ELEMENTS ARE EXISTING TO REMAIN AND
NOT INCLUDED IN THIS APPLICATION.

THE (E) SITE PLAN AND SITE ELEMENTS NOT

IDENTIFIED AS (N) WERE PREPARED AND
PROVIDED BY L.L. AND SHOWN FOR
REFERENCE ONLY. ORIGINAL SITE WORK
COMPLETED UNDER PERMIT #
BLD-2020-0387.

NORTH

LIGHTING SCHEDULE

PROPOSED SIGN A

PROPOSED SIGN B

PROPOSED SIGN C
(PREVIOUSLY

APPROVED)
303
CC 03-05-2024
303 of 386
EXTERIOR MATERIAL FINISHES (M#)

DESIGNATION

MATERIAL TYPE MANUFACTURER COLOR COMMENTS
M1 PAINT

BENJAMIN MOORE REGAL

SELECT EXTERIOR PAINT

MIDNIGHT OIL - FLAT
FINISH

PAINT CONCRETE WALL BEHIND (N)

DECORATIVE LOUVERS
M2 METAL CLADDING ALUCOBOND AXCENT MATCH EXISTING SEE AS-BUILTS M3 METAL CLADDING ALUCOBOND AXCENT GRAPHITE MICA
M4 CERAMIC WALL TILE

CREATIVE MATERIALS

CORP - MOSA SOLID, V
(SMOOTH)
5102 VIVID WHITE
16"x24"
CONTROL/EXPANSION JOINTS EVERY 8'
TO 10' IN EA. DIRECTION W/ MIN. 1/2" JOINT
WIDTH
M5 FIBER CEMENT SIDING

ASPYRE COLLECTION -

ARTISAN V-GROOVE

SIDING (HARDIE BOARD

PRODUCT)
PRIMED
PAINT MATERIAL: BENJAMIN MOORE CHELSEA
GREY HC-168
M7 METAL ACCENT TRIM CUSTOM STEEL - 10GA PRIMED
PAINT MATERIAL: BENJAMIN MOORE DINNER
PARTY AF-300
M8

LOUVERS -

COMPOSITE WOOD

TBD WESTERN CEDAR
M9 CANVAS SUNBRELLA SLATE GREY 4684 DEFERRED SUBMITTAL
M11

ALUMINUM

STOREFRONT
KAWNEER (OR EQUIV.)
FRAME: CLEAR

ANODIZED
GLASS:

TRANSLUCENT

INSULATED

GLASS TO BE FROSTED FOR SECURITY AND

BIRD SAFETY PURPOSES
M12

COMPOSITE WOOD
PLANKS

TBD WESTERN CEDAR
M13

ALUMINUM

STOREFRONT
KAWNEER (OR EQUIV.)
FRAME:

GRAPHITE
GLASS: CLEAR

INSULATED
(E) ROOF LINE (VARIEIS)
113' - 6"
FIRST FLOOR (F.F.)
100' - 0"
(E) HIGH PARAPET LEVEL
120' - 1"
E1 E2 E8 E8 E7 E8
E12 E9 E12
E13 E8
E16
E18 E18 E18
E19 E20
E1
(E) ROOF LINE (VARIEIS)
113' - 6"
FIRST FLOOR (F.F.)
100' - 0"
(E) HIGH PARAPET LEVEL
120' - 1"
(N) ENTRY TOWER LEVEL
122' - 0"
3' - 6"
NE4
M9
M8
M5
M4
NE11
NE11
NE7
NE9
NE5
16' - 11" 14' - 0"
NE6 NE6
8' - 11"
NE9
NE15
7' - 6"
13' - 0"
1' - 0"
(E) ROOF LINE (VARIEIS)
113' - 6"
FIRST FLOOR (F.F.)
100' - 0"
FIRST FLOOR (F.F.)
100' - 0"
(E) HIGH PARAPET LEVEL
120' - 1"
(E) LOW PARAPET LEVEL
116' - 1"
E1
E1
E1
E1
E14
E10 E11 E8 E12 E3
E9 E12
E8
E12 E9
E8
E14 E9 E7 E8 E12
E12 E8 E6
9' - 8"
V.I.F.

V.I.F.
9' - 6"
E18 E18 E18 E18 E18
E20 E20 E20 E20
BEYOND

METAL PANEL
E17
E19 E18 E18 E18
E19 E19 E19
(E) ROOF LINE (VARIEIS)
113' - 6"
FIRST FLOOR (F.F.)
100' - 0"
FIRST FLOOR (F.F.)
100' - 0"
(E) HIGH PARAPET LEVEL
120' - 1"
(E) LOW PARAPET LEVEL
116' - 1"
(N) ENTRY TOWER LEVEL
122' - 0"
24' - 0" 11' - 11"
9' - 5" 3' - 2" 8' - 10" 2' - 7"
49' - 7"
NE6
8' - 4" 3' - 0" 9' - 6" 3' - 0" 9' - 0" 2' - 11" 9' - 0" NE10 NE9
8' - 2"

MATCH (E) OPENING
9' - 10"
NE7
NE8 NE7
NE5
M5
M9
M4
M8 M8
M8
M7
NE11 NE11
M11
16' - 1"
M13
M12
NE17
8' - 0"
10' - 3"
7' - 6"
NE11 NE11
7' - 6"
M1 M1 M1
TYP.
6"
NE10
M1 M1
NE9 NE9
NE7 NE7 NE7 NE7
NE11 NE11
NE9 NE9
NE6 NE6
M5
M4
M9 M9
M8 M8
M9
NE17
1' - 0"
NE18 NE18 NE18 NE18 NE18 NE18 NE18
13' - 0"

BENJ AMIN TALPOS
REVISIONS: C-31704
E:\Shane Co_Cupertino\EXTERIOR\VE Option\SHANE CO_CUPERTINO_VE.rvt5/10/2023 2:08:56 PM 5/10/23
SHANE CO. EXTERIOR IMPROVEMENTS

PLANNINGSUBMITTAL
EXTERIOR ELEVATIONS - DEMO/PROPOSED A-3
STACEY HALL 19900 STEVENS CREEK BLVD., CUPERTINO, CA
A-3 SCALE: 1/8" = 1'-0" 1 ELEVATION - NORTH DEMO
A-3 SCALE: 1/8" = 1'-0" 2 ELEVATION - NORTH PROPOSED
A-3 SCALE: 1/8" = 1'-0" 3 ELEVATION - EAST DEMO
A-3 SCALE: 1/8" = 1'-0" 4 ELEVATION - EAST PROPOSED

KEYNOTES - EXTERIOR EXISTING/DEMO
Key
Value Keynote Text
E1 (E) METAL CLADDING TO BE REMOVED.

E2 (E) SIGNAGE TO BE REMOVED AND SAVED FOR RELOCATION.

E3 (E) STOREFRONT ASSEMBLY TO BE REMOVED.

E6 (E) EXTERIOR FINISH AND WALL INFILL TO BE REMOVED FOR NEW ENTRY.

E7 (E) WOOD PLANKING TO REMAIN.

E8 (E) METAL CLADDED ACCENT ELEMENT TO REMAIN.

E9 (E) STOREFRONT WINDOW TO REMAIN.

E10 (E) DOWNSPOUT TO REMAIN.

E11 (E) DOOR/FRAME TO REMAIN.

E12 (E) CANOPY TO REMAIN.

E13 (E) BRICK FINISH AND EXTERIOR WALL TO REMAIN, TYP.

E14 (E) EXTERIOR WALL TO REMAIN, TYP.

E16 (E) STUCCO AND WALL INFILL TO REMAIN.

E17 (E) ROOF DRAIN DOWNSPOUT TO BE REROUTED AS
NECESSARY.

E18 (E) BRICK FINISH ONLY TO BE REMOVED.

E19 (E) BRICK ARCHWAY TO BE REMOVED.

E20 (E) STUCCO AND WALL TO REMAIN.

KEYNOTES - EXTERIOR NEW
Key
Value Keynote Text
NE4 (E) APPROVED BACK-LIT ILLUMINATED SIGNAGE TO BE
REINSTALLED.

NE5 (N) PLANTER AND INTEGRAL BENCH - REQUIRED AS A

SECURITY ELEMENT TO PROTECT FRONT ENTRY FROM
VEHICLE ENTRY.

NE6 (N) EXTERIOR METAL STUD WALL.

NE7 (N) AWNING (DEFERRED SUBMITTAL).

NE8 (N) CANOPY AND ANCHOR ROD SUPPORTS (DEFERRED

SUBMITTAL) - SEE STRUCTURAL FOR WALL SUPPORT
FRAMING..

NE9 (N) DECORATIVE LOUVERS.

NE10 (N) STOREFRONT WINDOW/DOOR ASSEMBLY. MATCH (E)
CONFIGURATION. VERIFY w/ AS-BUILTS.

NE11 (N) LIGHT FIXTURE, TYP.

NE15 TILE CONTROL/EXPANSION JOINT. SPACING PER
MANUFACTURER AND AS SHOWN.

NE17 (N) POTENTIAL BACK-LIT ILLUMINATED SIGNAGE. OWNER TO APPLY FOR SEPARATE SIGNAGE VARIANCE.

NE18 (N) SITE SECURITY BOLLARD, TYP.

NOTES:
• ALL PARAPET COPING SHALL MATCH ADJACENT WALL MATERIAL. GC TO SUBMIT COLOR CHART TO ARCHITECT AND OWNER FOR PREMANUFACTURED OPTIONS. IF NO COLOR OPTION IS SATISFACTORY, COPING TO BE PAINTED.

NOTES:
• ALL EXISTING EXTERIOR DESIGN ELEMENTS NOT IDENTIFIED

AS NEW (N) WERE PREVIOUSLY APPROVED UNDER THE
BUILDING OWNER'S SUBMITTAL FOR PLANNING APPROVAL.

REFERENCE PLANNING APPROVALS ARE AS SUCH:

DIR-2020-015 AND DP-2019-001.

PROPOSED SIGN A
50 SF
4'-8"
10'-10"
3'-6"
9'-8"

PROPOSED SIGN B
34 SF
3'-6"
9'-8"

PROPOSED SIGN C (PREVIOUSLY APPROVED AND

CURRENTLY INSTALLED ON EXISTING BUILDING -

WILL BE REMOVED AND REINSTALLED IN SAME

LOCATION AFTER NEW EXTERIOR FINISHES ARE

INSTALLED)
34 SF
304
CC 03-05-2024
304 of 386

CUSTOM SIGNAGE PRESENTATION
19900 STEVENS CREEK BLVD., CUPERTINO, CA
Prepared for Shane Co.
proctor productions
305
CC 03-05-2024
305 of 386
02 proctor productions
Shane Co. Custom Building Signage Design | 2023 (CUPERTINO, CA - SITE LOCATION) (conceptual visual only)
Shane Co
19900 Stevens Creek Blvd, Cupertino, CA 95014
NORTH SIGN BUILDING LOCATION EAST SIGN BUILDING LOCATION 1 EAST SIGN BUILDING LOCATION 2
306
CC 03-05-2024
306 of 386
03 proctor productions
Shane Co. Custom Building Signage Design | 2023 (CUPERTINO, CA - EXISTING & PROPOSED EXTERIOR ELEVATION) (conceptual visual only)

SCALE - NTS
280”
[7112 mm]

8.40”
[213.36 mm]

84.08”
[2135.63 mm]

56.34”
[1431.04 mm]
163.83”
[4161.28 mm]
Full Face & Side Lit letters

14.46”
[367.28 mm]

22.22”
[564.39 mm]

40.17”
[1020.32 mm]
Segmentations
Full Side Lit Letters Black / Satin Finish
117”
[2971.8 mm]
Black / Satin Finish
Black / Satin Finish
Full Side Lit Letters
Full Side Lit Letters

32.64 SQFT - TOTAL SIGN AREA
NOTE: Wall signs attached to exterior walls of solid masonry, concrete or stone shall be safely and securely attached by means of metal anchors, bolts or expansion screws of not less than 3/8 inch (9.5 mm) diameter and shall be embedded not less than 5 inches (127 mm). Wood blocks shall not be used for anchorage, except in the case of wall signs attached to buildings with walls of wood. A wall sign shall not be supported by anchorages secured to an unbraced parapet wall.

SIGN ILLUMINATION IS

CONTROLLED BY THE

PELICAN SYSTEM
Specifications
Package
1 1st Surface
Painted
Polished Sand-blasted Brushed
Plated
5 Wire Whip
8 Qty
4 Mounting Back Top Bo om Side etc
Location Interior Exterior
from the Ground Level < 5’ ’8 - ‘5 ’41 - ‘8 14‘ <
7 3 LEDs
6 Drain Hole n/a Yes - Refer to C1
Shipping Mode Standard( ) Expedite( )
Dimensions Box Crate
- Size
- Weight
- # of Boxes
Included Moun ng Pa ern Moun ng Accessories Dimmer ETL Label Power Supply Enclosure(Paige Box) RGB Package
2 Return GlacierWhite™ Colored
C1 Drain hole Location - Bottom View
Backer Drain
Hole

0.25”
(6mm)
* Drain hole may be visible from the bottom
B1.1 Typical Section Elevation
B2 Isometric Elevation
AA
6 5
1 2
3 4
Fastening Screws located
on the backs of letters for
serviceability
B1 Section Elevation
ZZ
ZZ AA
A1 Sign Elevation

SCALE - NTS
< RS-AC-S1 Style >
- Reference -
1 set
Note
Note
18AWG - 10’ long Loca on : TBD
Flush Wall Mount, M-6/3” Long moun ng pins
Note

1.25” Deep
White, 6500k, Exterior
Note
1T Stainless Steel
(Black/Sa n finish)
Op ons
(Horizontal / Ver cal)
Notes:
∙ Mounting pattern and accessories supplied with letters To be fastened to building facade. Building construction type: wood frame with plywood sheathing and stucco
nish. (As per City Code: Wall signs attached to exterior walls of solid masonry, concrete or stone shall be safely and securely attached by means of metal anchors, bolts or expansion screws of not less than 3/8 inch (9.5 mm) diameter and shall be embedded not less than 5 inches (127 mm). Wood blocks shall not be used for anchorage, except in the case of wall signs attached to buildings with walls of wood. Signs shall not be supported by anchorages secured to an unbraced parapet wall.)
∙ Class II 5A ASU-60-12U variable primary with 12VDC secondary power supplies ∙ Electrical connections by customer
∙ Permitting if applicable by customer
∙ Installation by customer
Full Face & Side Lit letters

25.92”
[658.39 mm]

39.84” 72” [1011.94 mm]
[1828.8 mm]
Segmentations
Full Side Lit Letters Black / Satin Finish
227.54”
[5779.516 mm]

6.6”
[167.64 mm]
72”
[1828.8 mm]

48.5”
[1231.9 mm]
141.01”
[3581.65mm]
209.72”
[5326.89 mm]
Black / Satin Finish
Black / Satin Finish
Full Side Lit Letters
Full Side Lit Letters
Shane Co
19900 Stevens Creek Blvd, Cupertino, CA 95014
307
CC 03-05-2024
307 of 386
03 proctor productions
Shane Co. Custom Building Signage Design | 2023 (CUPERTINO, CA - EXISTING & PROPOSED EXTERIOR EAST ELEVATION 1) (conceptual visual only)

SCALE - NTS
280”
[7112 mm]

8.40”
[213.36 mm]

84.08”
[2135.63 mm]

56.34”
[1431.04 mm]
163.83”
[4161.28 mm]
Full Face & Side Lit letters

14.46”
[367.28 mm]

22.22”
[564.39 mm]

40.17”
[1020.32 mm]
Segmentations
Full Side Lit Letters Black / Satin Finish
117”
[2971.8 mm]
Black / Satin Finish
Black / Satin Finish
Full Side Lit Letters
Full Side Lit Letters

SIGN ILLUMINATION IS

CONTROLLED BY THE

SCALE - NTS
< RS-AC-S1 Style >
- Reference -
1 set
Note
Note
18AWG - 10’ long Loca on : TBD
Flush Wall Mount, M-6/3” Long moun ng pins
Note

25.92”
[658.39 mm]

39.84” 72” [1011.94 mm]
[1828.8 mm]
Segmentations
Full Side Lit Letters Black / Satin Finish
227.54”
[5779.516 mm]

6.6”
[167.64 mm]
72”
[1828.8 mm]

48.5”
[1231.9 mm]
141.01”
[3581.65mm]
209.72”
[5326.89 mm]
Black / Satin Finish
Black / Satin Finish
Full Side Lit Letters
Full Side Lit Letters
Shane Co
19900 Stevens Creek Blvd, Cupertino, CA 95014
308
CC 03-05-2024
308 of 386
04 proctor productions
Shane Co. Custom Building Signage Design | 2023 (CUPERTINO, CA - EXISTING & PROPOSED EXTERIOR EAST ELEVATION 2) (conceptual visual only)

SCALE - NTS
280”
[7112 mm]

8.40”
[213.36 mm]

84.08”
[2135.63 mm]

56.34”
[1431.04 mm]
163.83”
[4161.28 mm]
Full Face & Side Lit letters

14.46”
[367.28 mm]

22.22”
[564.39 mm]

40.17”
[1020.32 mm]
Segmentations
Full Side Lit Letters Black / Satin Finish
117”
[2971.8 mm]
Black / Satin Finish
Black / Satin Finish
Full Side Lit Letters
Full Side Lit Letters

SIGN ILLUMINATION IS

CONTROLLED BY THE

SCALE - NTS
< RS-AC-S1 Style >
- Reference -
1 set
Note
Note
18AWG - 10’ long Loca on : TBD
Flush Wall Mount, M-6/3” Long moun ng pins
Note

25.92”
[658.39 mm]

39.84” 72” [1011.94 mm]
[1828.8 mm]
Segmentations
Full Side Lit Letters Black / Satin Finish
227.54”
[5779.516 mm]

6.6”
[167.64 mm]
72”
[1828.8 mm]

CITY OF CUPERTINO
Agenda Item
23-12435 Agenda Date: 3/5/2024
Agenda #: 7.

Subject: Revisions to City commission and committee administration, procedure, and governance, including an ordinance to regularize commissioner appointments and revise commissioner qualifications; and resolutions adopting revisions to advisory bodies appointment process and Commissioners’ Handbook.

1. Conduct the first reading of Ordinance No. 24-2256 “AN ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF CUPERTINO TO REGULARIZE CITY COMMISSION AND COMMITTEE TERMS AND REVISE COMMISSIONER QUALIFICATIONS.”

2. Adopt Resolution No. 24-022 to repeal and replace Resolution No. 16-137, regarding City advisory bodies.

3. Adopt Resolution No. 24-023 revising the Commissioners’ Handbook.

Presenter: Christopher Jensen, City Attorney
CITY OF CUPERTINO Page 1 of 1 Printed on 2/28/2024
powered by Legistar™311
CC 03-05-2024
311 of 386

CITY COUNCIL STAFF REPORT
Meeting: March 5, 2024
Subject
Revisions to City commission and committee administration, procedure, and governance, including an ordinance to regularize commissioner appointments and revise commissioner qualifications; and resolutions adopting revisions to advisory bodies appointment process and Commissioners’ Handbook.

Recommended Action

1. Conduct the first reading of Ordinance No. 24-2256 “AN ORDINANCE OF

THE CITY COUNCIL OF THE CITY OF CUPERTINO TO REGULARIZE

CITY COMMISSION AND COMMITTEE TERMS AND REVISE
COMMISSIONER QUALIFICATIONS.”

2. Adopt Resolution No. 24-022 to repeal and replace Resolution No. 16-137, regarding City advisory bodies.

3. Adopt Resolution No. 24-023 revising the Commissioners’ Handbook.

Reasons for Recommendation
The City Council identified the Commission Governance Reform Package as a priority item and added it to the FY 2023-2024 City Work Program. This item’s objective is to 1) revise the Commissioners Handbook, 2) review potential Municipal Code violations by City commissioners, 3) realign and regularize commissioner terms of office, and 4) establish or revise commissioner qualifications.

An investigation of potential commissioner violations of the Municipal Code was completed by Linda Daube, esq. in May 2023. This item addresses the remaining components of the Work Program item, directed at updating commission and committee administration, procedure, and governance.

Council is asked to consider adopting an ordinance to regularize the time of appointment of City Commissions, a resolution revising updating the governing 312
CC 03-05-2024
312 of 386
rules for appointments to City advisory bodies, and a second resolution adopting a revised Commissioners’ Handbook. In developing the proposed ordinance and policy updates, staff considered both prior Council direction, via the City Work Program, and other considerations such as recommendations from the City’s internal auditor. Specifically, the internal auditor recommended integrating commission- and committee-related policies with citywide policies (e.g., the 2023 Ethics Code). Policy revisions are also intended to ensure consistency with administrative practices.

The proposed ordinance and policy revisions are summarized below.

Ordinance No. 24-2256 (Commissioner Terms)
Currently, vacancies at many commissions/committees occur at irregular times.

Staff recommends that Council adopt an uncodified ordinance to ensure that vacancies occur at regular intervals (2-3 vacancies per commission biannually, beginning in 2025). The proposed ordinance would shorten or extend the terms of a limited number of commissioners/committee members to regularize the appointment process. The proposed ordinance would also remove business representative requirements from the Housing and Sustainability Commission in order to improve the recruitment process and increase accessibility for interested, eligible community members. Proposed revisions to the Ordinance are included in Attachment A and can be viewed in redline in Attachment B.

Advisory Bodies Appointments Resolution
Staff proposes amending the City’s Advisory Bodies Appointment Resolution (Resolution No. 16-137) to revise the policy that reflects the use of technology in the application process for advisory bodies. These revisions are also meant to reflect legal, staff, and community input on noticing procedures for vacancies.

Staff recommendations include:

1. Extending current removal procedures to address poor attendance and allow for the automatic removal of commissioners or committee members who fail to complete legally required training or conflict of interest reporting. This recommendation is based in part on the findings of July 2023 Enterprise Leadership Assessment prepared by the City’s internal auditor, Moss Adams LLP.

2. Establishing criteria for service on each commission or committee. Under the proposed policy, the City Manager or their designee would establish criteria for service based on familiarity with the subject matter of the 313
CC 03-05-2024
313 of 386
respective commission or committee and/or demonstrated ability to conduct the work of the advisory body as well as existing criteria in the Municipal Code. The City Manager or their designee would then present all applicants meeting established criteria to Council for an interview.

However, all Councilmembers would retain the ability to review all applications to invite candidates who submitted responsive applications and were not selected for an interview, and Council would retain full discretion to appoint the candidate of its choosing.

3. The City Attorney’s Office recommends ending the appointment of alternate commissioners to ensure transparency in noticing requirements.

The proposed Advisory Bodies Appointments Resolution is revised accordingly.

Proposed revisions to the Advisory Bodies Appointments Resolution are included in Attachment C and can be viewed in redline in Attachment D.

Commissioners’ Handbook Update
Proposed revisions to the Commissioners’ Handbook include:
 Clarification of the role of the City Clerk’s Office and City Attorney’s Office in the administration of commissions and committees
 Updates to the City Work Program process
 Clarification of the applicability of the Commissioners’ Handbook to appointed members of City committees (e.g., the Audit Committee), consistent with the recommendations of the July 2023 Enterprise Leadership Assessment.
 Provisions for the dismissal of commissioners who fail to meet legally required training and conflict of interest reporting requirements.

These updates are consistent with the City Council Procedures Manual adopted in February 2023 and the revised Ethics Code adopted by the City Council in November 2023. All changes to the Commissioners’ Handbook are included in Attachment D and can be viewed in redline in Attachment E.

Next Steps
If approved by the City Council, Resolution Nos. 24-022 and 24-023 will be effective upon adoption. If Council conducts the first reading of and introduces Ordinance No. 24-2256, the Ordinance will return to Council for a second reading and adoption on March 19.

Sustainability Impact
314
CC 03-05-2024
314 of 386
No sustainability impact.

Fiscal Impact
No fiscal impact.

California Environmental Quality Act
Not applicable.
_____________________________________
Prepared by: Astrid Robles, Senior Management Analyst
Reviewed by: Tina Kapoor, Deputy City Manager
Matt Morley, Assistant City Manager
Christopher D. Jensen, City Attorney
Approved for Submission by: Pamela Wu, City Manager
Attachments:

A – Draft Ordinance No. 24-2256 (Clean)
B – Draft Ordinance No. 24-2256 (Redline)
C – Draft Resolution No. 24-022 (Clean)
D – Draft Resolution No. 24-022 (Redline)
E – Draft Resolution No. 24-023
F – Draft Commissioners’ Handbook (Redline)
315
CC 03-05-2024
315 of 386

ATTACHMENT A
Attachment A- Page 1
ORDINANCE NO. __________________

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO TO

REGULARIZE CITY COMMISSION AND COMMITTEE TERMS AND REVISE

COMMISSIONER QUALIFICATIONS
The City Council of the City of Cupertino finds that:

WHEREAS, the Cupertino City Council recognizes the importance of City Commissions and Committees in ensuring that the Council receives community input into Council decision making; and
WHEREAS, the City Council has identified a need to regularize the appointment process of Commission and Committee members as part of the 2023-2025 City Work Program and to align with the intent of the Municipal Code; and WHEREAS, the City Council finds that qualifications for certain Commissioner appointments should be revised to improve the recruitment process and increase accessibility for interested, eligible community members.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES ORDAIN AS FOLLOWS:

SECTION 1.: Adoption of Uncodified Ordinance.

A. Notwithstanding Municipal Code Chapter 2.36, the terms of the three longestserving Parks and Recreation Commissioners shall expire on January 30, 2025, and the terms of the remaining two Commissioners shall expire on January 30, 2027.

B. Notwithstanding Municipal Code Chapter 2.60, the terms of the two longestserving Public Safety Commissioners shall expire on January 30, 2025, and the terms of the remaining three Commissioners shall expire on January 30, 2027.

C. Notwithstanding Municipal Code Chapter 2.74, the terms of the three longestserving Technology, Information, and Communications Commissions shall expire on January 30, 2027, and the terms of the remaining two Commissioners shall expire on January 30, 2029.
316
CC 03-05-2024
316 of 386

ATTACHMENT A
Attachment A- Page 2
D. Notwithstanding Municipal Code Chapter 2.80, the terms of the two longestserving Arts and Culture Commissioners shall expire on January 30, 2025, and the terms of the remaining three Commissioners shall expire on January 30, 2027.

E. Notwithstanding Municipal Code Chapter 2.86, the terms of the two longestserving Housing Commissioners shall expire on January 30, 2025, and the terms of the remaining three Commissioners shall expire on January 30, 2027.

F. Notwithstanding Municipal Code Chapter 2.88, the term of the longest-serving Council-appointed Audit Committee member shall expire on January 30, 2025, and the terms of the remaining two Council-appointed Audit Committee members shall expire on January 30, 2027.

G. Notwithstanding Municipal Code Chapter 2.94, the terms of the two longestserving Sustainability Commissioners shall expire on January 30, 2025, and the terms of the remaining three Commissioners shall expire on January 30, 2027.

H. For purposes of this Ordinance, “longest-serving” shall be determined by the length of service during the Commissioner’s current term, and shall not include the length of service during any preceding term on any Commission, but shall include the length of service of the successor to any Commissioner serving a partial term.

I. In the event that two or more Commissioners or appointed committee members have served terms of equal length that would otherwise each qualify to be lengthened or shortened by Paragraphs A through G of this Section 1, the City Clerk shall draw lots to determine the resulting term of each such Commissioner or committee member such that the members’ terms expire on the dates set forth in Sections A through H.

SECTION 2: Adoption of Municipal Code Amendments.

A. Section 2.86.020 of the Municipal Code is revised as follows:

A. The Housing Commission members must be residents of Cupertino.

B. In selection of commissioners, the City Council may give priority to:

1. Applicants who represent the Community Development Block Grant (CDBG) target areas as described in the city's Consolidated Plan.

2. Applicants who are familiar with the operation of affordable housing; 317
CC 03-05-2024
317 of 386

ATTACHMENT A
Attachment A- Page 3

3. Applicants who represent non-profit community organizations; and

4. Applicants who are knowledgeable about the housing needs of groups targeted for affordable housing development which include, but are not limited to, the following:

1. Seniors,

2. Single parent families,

3. Homeless persons,

4. Families of low income,

5. Disabled persons,

6. Renters,

7. First time homebuyers.

B. Section 2.94.010 of the Municipal Code is revised as follows:

A. The Sustainability Commission of the City of Cupertino is established. The Sustainability Commission (hereinafter referred to in this Chapter as "Commission") shall consist of five members as follows:

1. One representative from a Cupertino-based primary, secondary, or higher educational institution;

2. Four community members.

B. Commission members who are representatives of a business or educational institution are not required to be Cupertino residents, but the educational institution must be located in Cupertino. The four community members must be residents of Cupertino.

C. In selection of community members, the City Council may give priority to:

1. Applicants who represent the target sectors and partners as described in the Cupertino Climate Action Plan (hereinafter referred to in this Chapter as "CAP"). 318
CC 03-05-2024
318 of 386

ATTACHMENT A
Attachment A- Page 4

2. Applicants who are familiar with climate change mitigation and adaptation strategies, greenhouse gas emissions inventories, resource and utility conservation, sustainability and behavior change.

3. Applicants who represent non-profit community organizations and environmental interest groups.

D. None of these representatives shall be officials or employees of the City, nor cohabit with, as defined by law, nor be related by blood or marriage to any other member of the Commission, to the City Manager or to any staff person(s) who may be assigned to assist this Commission.

E. Members of the Commission shall be appointed by the City Council.

F. The Sustainability Manager, or his or her designee, shall provide technical assistance to the Commission.

SECTION 3: Severability and Continuity.

The City Council declares that each section, sub-section, paragraph, sub-paragraph, sentence, clause and phrase of this ordinance is severable and independent of every other section, sub-section, paragraph, sub-paragraph, sentence, clause and phrase of this ordinance. If any section, sub-section, paragraph, sub-paragraph, sentence, clause or phrase of this ordinance is held invalid, or its application to any person or circumstance, be determined by a court of competent jurisdiction to be unlawful, unenforceable or otherwise void, the City Council declares that it would have adopted the remaining provisions of this ordinance irrespective of such portion, and further declares its express intent that the remaining portions of this ordinance should remain in effect after the invalid portion has been eliminated. To the extent the provisions of this Ordinance are substantially the same as previous provisions of the Cupertino Municipal Code, these provisions shall be construed as continuations of those provisions and not as an amendment to or readoption of the earlier provisions.

SECTION 4: Effective Date.

This Ordinance shall take effect thirty days after adoption as provided by Government Code Section 36937.

SECTION 5: Publication.

The City Clerk shall give notice of adoption of this Ordinance as required by law.

Pursuant to Government Code Section 36933, a summary of this Ordinance may be 319
CC 03-05-2024
319 of 386

ATTACHMENT A
Attachment A- Page 5
prepared by the City Clerk and published in lieu of publication of the entire text. The City Clerk shall post in the office of the City Clerk a certified copy of the full text of the Ordinance listing the names of the City Council members voting for and against the ordinance.

INTRODUCED at a regular meeting of the Cupertino City Council on March 5, 2024 and ENACTED at a regular meeting of the Cupertino City Council on March 19, 2024 by the following vote:

Members of the City Council
AYES:

NOES:

ABSENT:

ABSTAIN:

SIGNED:
________________________________
Shelia Mohan, Mayor
City of Cupertino
________________________
Date
ATTEST:
________________________________
Kirsten Squarcia, City Clerk
________________________
Date
APPROVED AS TO FORM:
_________________________________
Christopher D. Jensen, City Attorney
________________________
Date
320
CC 03-05-2024
320 of 386

ATTACHMENT B
Attachment B- Page 1
ORDINANCE NO. __________________

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO TO

REGULARIZE CITY COMMISSION AND COMMITTEE TERMS AND REVISE

COMMISSIONER QUALIFICATIONS
The City Council of the City of Cupertino finds that:

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES ORDAIN AS FOLLOWS:

SECTION 1.: Adoption of Uncodified Ordinance.

ATTACHMENT B
Attachment B- Page 2
D. Notwithstanding Municipal Code Chapter 2.80, the terms of the two longestserving Arts and Culture Commissioners shall expire on January 30, 2025, and the terms of the remaining three Commissioners shall expire on January 30, 2027.

SECTION 2: Adoption of Municipal Code Amendments.

A. Section 2.86.020 of the Municipal Code is revised as follows:

A. The Housing Commission members that is the representative of a business is not required to be a Cupertino resident, but the business represented must be located in Cupertino. The four community members must be residents of Cupertino.

B. In selection of community members commissioners, the City Council may give priority to:
322
CC 03-05-2024
322 of 386

ATTACHMENT B
Attachment B- Page 3

1. Applicants who represent the Community Development Block Grant (CDBG) target areas as described in the city's Consolidated Plan.

2. Applicants who are familiar with the operation of affordable housing;

3. Applicants who represent non-profit community organizations; and

4. Applicants who are knowledgeable about the housing needs of groups targeted for affordable housing development which include, but are not limited to, the following:

1. Seniors,

2. Single parent families,

3. Homeless persons,

4. Families of low income,

5. Disabled persons,

6. Renters,

7. First time homebuyers.

B. Section 2.94.010 of the Municipal Code is revised as follows:

1. One representative from a Cupertino-based business;

21. One representative from a Cupertino-based primary, secondary, or higher educational institution;

32. Three Four community members.

B. Commission members who are representatives of a business or educational institution are not required to be Cupertino residents, but the business and educational institution must be located in Cupertino. The three four community members must be residents of Cupertino.
323
CC 03-05-2024
323 of 386

ATTACHMENT B
Attachment B- Page 4
C. In selection of community members, the City Council may give priority to:

1. Applicants who represent the target sectors and partners as described in the Cupertino Climate Action Plan (hereinafter referred to in this Chapter as "CAP").

2. Applicants who are familiar with climate change mitigation and adaptation strategies, greenhouse gas emissions inventories, resource and utility conservation, sustainability and behavior change.

3. Applicants who represent non-profit community organizations and environmental interest groups.

E. Members of the Commission shall be appointed by the City Council.

F. The Sustainability Manager, or his or her designee, shall provide technical assistance to the Commission.

SECTION 3: Severability and Continuity.

SECTION 4: Effective Date.

This Ordinance shall take effect thirty days after adoption as provided by Government Code Section 36937.
324
CC 03-05-2024
324 of 386

ATTACHMENT B
Attachment B- Page 5
SECTION 5: Publication.

The City Clerk shall give notice of adoption of this Ordinance as required by law.

Pursuant to Government Code Section 36933, a summary of this Ordinance may be prepared by the City Clerk and published in lieu of publication of the entire text. The City Clerk shall post in the office of the City Clerk a certified copy of the full text of the Ordinance listing the names of the City Council members voting for and against the ordinance.

INTRODUCED at a regular meeting of the Cupertino City Council on March 5, 2024 and ENACTED at a regular meeting of the Cupertino City Council on March 19, 2024 by the following vote:

Members of the City Council
AYES:

NOES:

ABSENT:

ABSTAIN:

ATTACHMENT C
RESOLUTION NO. 24-___

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO RESCINDING RESOLUTION NO. 16-137 AND AMENDING THE

RESOLUTION ESTABLISHING RULES GOVERNING RECRUITMENT,

ATTENDANCE, APPOINTMENTS, AND VACANCIES ON CITY

ADVISORY BODIES
WHEREAS, the City of Cupertino wishes to establish uniform terms and conditions of office for advisory commissions; and
WHEREAS, there are within the City of Cupertino many citizens with talent, expertise, and experience who wish to serve the community; and WHEREAS, the City Council believes it is important to provide these citizens the opportunity to contribute to their community;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino rescinds Resolution No. 16-137 and establishes the following rules governing recruitment, appointment, and reappointment to City of Cupertino Advisory bodies.

A. RECRUITMENT

1. Two months before regular terms expire, or immediately following receipt of a resignation, the City Clerk distributes the vacancy notice through a broad variety of resources when available, such as:
 The Cupertino Scene
 The Cupertino Courier
 The World Journal
 The Cupertino City Channel
 City Hall bulletin board
 The City Clerk’s Office
 The Cupertino Library
 The Cupertino Chamber of Commerce
 Cupertino City Web site
 Other organizations that the City Clerk determine to be appropriate to solicit applications for the vacant positions
 All persons with applications on file for that particular commission 326
CC 03-05-2024
326 of 386
Resolution No. 24 - ______ ATTACHMENT C

Page 2 ends

2. Two months before regular terms expire, the City Clerk’s Office also distributes the vacancy notice to the following individuals:
 Members and interested residents registered with the Cupertino Citizen Corps, including Community Emergency Response Team (CERT), Medical Reserve Corps, and Cupertino Amateur Radio in Emergency Services (CARES)
 Neighborhood Block Leaders and Neighborhood Watch volunteers  Individuals who have signed up for notification for City Council meetings or commission meetings

3. All vacancy notices and posting shall be done in accordance with the provisions of the Maddy Act, California Government Code 54970 et seq. Specifically, vacancy notices shall be posted for a minimum of 10 days.

4. Applications will remain active for one year after Council review.

After that time, applicants shall submit a new application if they wish to remain on the list for consideration.

5. Those persons with applications on file within one year of Council review are advised of the vacancy by the City Clerk and may activate that application. Upon receipt of the vacancy notice, the applicant must contact the City Clerk’s Office and ask that the application be reactivated.

6. An applicant may file for a maximum of two commissions at any one application period.

7. A member of an advisory body, having completed two consecutive terms, must wait two years after the term would have normally ended before being eligible to apply for the same commission or committee.

8. Application forms will be available on the City’s website.

9. No application shall be accepted after the deadline.

10. When the final deadline has passed, the City Clerk’s Office will email applicants the date, time and location of the interviews along with sample questions to consider.
327
CC 03-05-2024
327 of 386
Resolution No. 24 - ______ ATTACHMENT C

Page 3 ends

11. The City Clerk’s Office will copy the applicants’ written material for Council members. The written material will also be available for public review in the City Clerk’s Office.

B. INTERVIEWS AND APPOINTMENTS

1. When Council meets to conduct interviews, it is a public meeting subject to the Brown Act and therefore open to the public. The candidates will be asked by the City Clerk (either in person or by written instructions left in the waiting area) to remain seated in the waiting area until they are called in for the interview. Candidates will also be asked to return to the waiting area until the announcement of the vote, or to go home and contact the City Clerk’s Office the next day regarding the results. However, all applicants and members of the public have the option of remaining in the room for any or all of the meeting.

2. The City Manager or their designee shall establish criteria for service on each commission or committee based on familiarity with the subject matter of the commission or committee and/or demonstrated ability to conduct the work of the advisory body. The City Manager or their designee shall present all applicants meeting established criteria to Council for an interview. However, all Councilmembers would retain the ability to review all applications to invite candidates who submitted responsive applications and were not selected for an interview. Council would retain full discretion to appoint the candidate of its choosing.

3. The order in which interviews are scheduled to take place will be determined by a drawing of names. The City Clerk will do this in advance.

4. Interviews are informal and usually last 5-8 minutes. Council members are looking for:
 Familiarity with the subject and/or demonstrated ability to conduct the work of the advisory body
 Decision-making ability
 Commitment to the position for which they have applied

5. Appointments will be made following a vote in public. The City Clerk will announce the votes.
328
CC 03-05-2024
328 of 386
Resolution No. 24 - ______ ATTACHMENT C

Page 4 ends

C. UNSCHEDULED VACANCIES, ATTENDANCE, AND TRAINING

1. If a vacancy occurs for an unexpired term and interviews for appointment to that advisory body have been conducted within the previous ninety days, the unexpired term may be filled from those applications following the required posting of the vacancy.

2. The notice of unscheduled vacancy shall be posted no earlier than 20 days before nor later than 20 days after the vacancy occurs, and at least 10 working days before appointment. The notice of unscheduled vacancy must be posted in the Office of the City Clerk, at the City Hall bulletin board, at the Cupertino Library, and in other places designated by the City Clerk.

3. A member shall be considered removed from an advisory body under the following conditions:
 A member misses more than three consecutive meetings
 A member misses more than 25% of the advisory body’s regular meetings in a calendar year
 A member fails to comply with legally required training or conflict of interest reporting requirements after receiving notice and a reasonable opportunity to correct the noncompliance

4. It is the responsibility of the advisory body’s staff liaison to notify the City Clerk of a member’s attendance record to allow sufficient time to send a warning notice if the member has missed three consecutive meetings or 25% of the regular meetings, and to send a termination notice if the member has missed more three consecutive meetings or more than 25% of the regular meetings in a calendar year.

5. A member who has been removed from an advisory body for inadequate attendance, failure to complete a legally required training, or noncompliance with conflict of interest reporting requirements may request a waiver of this provision by submitting a letter to the City Council setting forth the reason for the absences and confirming future availability.
329
CC 03-05-2024
329 of 386
Resolution No. 24 - ______ ATTACHMENT C

Page 5 ends

D. GENERAL PROVISIONS

1. Term limit restrictions listed in this resolution do not apply to temporary appointments for unexpired terms.

2. All provisions of this resolution shall apply unless otherwise decided by the City Council on a case-by-case basis.

3. In the event that any provision of this resolution conflicts with the provisions of any other ordinance or City Council resolution governing a particular advisory body, the provisions of the ordinance or the resolution governing the particular advisory body shall prevail.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 5th day of March, 2024, by the following vote:

Members of the City Council
AYES:

NOES:

ABSENT:

ABSTAIN:

SIGNED:
________
Sheila Mohan, Mayor
City of Cupertino
________________________
Date
ATTEST:
________
Kirsten Squarcia, City Clerk
________________________
Date
330
CC 03-05-2024
330 of 386

ATTACHMENT D
RESOLUTION NO. 24‐___

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO RESCINDING RESOLUTION NO. 10‐04816‐137 AND AMENDING THE

RESOLUTION ESTABLISHING RULES GOVERNING RECRUITMENT,

ATTENDANCE, APPOINTMENTS, AND VACANCIES ON CITY ADVISORY

BODIES TO ADD DESIGNATED ALTERNATES TO THE INTERVIEWS AND

APPOINTMENTS PROCESS
WHEREAS, the City of Cupertino wishes to establish uniform terms and conditions of office for advisory commissions; and
WHEREAS, there are within the City of Cupertino many citizens with talent, expertise, and experience who wish to serve the community; and WHEREAS, the City Council believes it is important to provide these citizens the opportunity to contribute to their community;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino rescinds Resolution No. 10‐04816‐137 and establishes the following rules governing recruitment, appointment, and reappointment to City of Cupertino Advisory bodies.

A. RECRUITMENT

1. Two months before regular terms expire, or immediately following receipt of a resignation, the City Clerk distributes the vacancy notice through a broad variety of resources when available, such as:as follows:
 The Cupertino Scene
 The Cupertino Courier
 The World Journal
 The Cupertino City Channel
 City Hall bulletin board
 The City Clerk’s Office
 The Cupertino Library
 The Cupertino Chamber of Commerce
 Cupertino City Web site
 Other organizations as that the City Clerk determine to be appropriate with respect to the openings to solicit applications for the vacant positions
 All persons with applications on file for that particular commission 331
CC 03-05-2024
331 of 386
Resolution No. 24 ‐ ______ ATTACHMENT D

Page 2 ends

2. Two months before regular terms expire, the City Clerk’s Office also distributes mails the vacancy notice to the following individuals:
 Students Members and graduates of
Cupertino interested residents registered with the
Cupertino Citizen Corps, including Community Emergency
Response Training
 Students or graduates of LeadershipTeam (CERT), Medical Reserve Corps, and Cupertino Amateur Radio in Emergency Services (CARES)
 Neighborhood Block Leaders and Neighborhood Watch volunteers  Individuals who have signed up for notification at the Cupertino Town Hallfor City Council meetings. or commission meetings

4. Applications will be retainedremain active for a maximum of one year after Council review. After that time, applicants shall submit a new application if they wish to remain on the list for consideration.

6. An applicant may file for a maximum of two commissions at any one application period.

8. Application forms will be available in the City Clerk’s Office and will be mailed upon request with information about the opening(s).

Application forms) will also be available on the City’s Web site.website.

9. No application shall be accepted after the deadline. 332
CC 03-05-2024
332 of 386
Resolution No. 24 ‐ ______ ATTACHMENT D

Page 3 ends

10. When the final deadline has passed, the City Clerk’s Office will mailemail applicants the date, time and location of the interviews along with sample questions to consider.

11. The City Clerk’s Office will copy the applicants’ written material for Council members. The written material will also be available for public review in the City Clerk’s Office.

12. An applicant who is unable to attend the interview may submit a 5‐ minute video presentation in advance of the interview meeting. The tape will be reviewed at the meeting. The video will be made by City staff at the applicant’s request upon the approval of the City Clerk.

The City will fund these costs.

B. INTERVIEWS AND APPOINTMENTS

2. The City Manager or their designee shall establish criteria for service on each commission or committee based on the requirements of the Municipal Code, familiarity with the subject matter of the commission or committee, and/or demonstrated ability to conduct the work of the advisory body. The City Manager or their designee shall present all applicants meeting established criteria to Council for an interview.

However, all Councilmembers would retain the ability to review all applications to invite candidates who submitted responsive applications and were not selected for an interview. Council would retain full discretion to appoint the candidate of its choosing.

2.3. The order in which interviews are scheduled to take place will be determined by a drawing of names. The City Clerk will do this in advance.
333
CC 03-05-2024
333 of 386
Resolution No. 24 ‐ ______ ATTACHMENT D

Page 4 ends

3.4. Interviews are informal and usually last 5‐8 minutes. Council members are looking for:
 Familiarity with the subject and/or demonstrated ability to conduct the work of the advisory body
 Decision‐making ability
 Commitment to the position for which they have applied

4.5. Appointments will be made following a vote in public. Ballots will be distributed, and Council members will vote and sign the ballots. The City Clerk will announce the votes.

5. The City Council may appoint alternates to serve on boards, commissions and committees in the event of a vacancy. Such alternates may attend and participate in meetings of the board, commission, or committee but shall not vote in such meetings until such time as a vacancy has occurred and the alternate has filled such vacancy. If the City Council appoints more than one alternate for a particular board, commission or committee, the City Council shall designate the alternates as first alternate, second alternate and so on such that immediately upon a vacancy occurring in a board, commission, or committee, the first alternate shall fill such vacancy without the need for further City Council action.

C. UNSCHEDULED VACANCIES AND, ATTENDANCE, AND TRAINING

3. A member shall be considered removed from an advisory body under the following conditions.:
 A member misses more than three consecutive meetings
 A member misses more than 25% of the advisory body’s regular meetings in a calendar year 334
CC 03-05-2024
334 of 386
Resolution No. 24 ‐ ______ ATTACHMENT D

Page 5 ends

 A member fails to comply with legally required training or conflict of interest reporting requirements after receiving notice and a reasonable opportunity to correct the noncompliance

D. GENERAL PROVISIONS

1. Term limit restrictions listed in this resolution do not apply to temporary appointments for unexpired terms.

2. All provisions of this resolution shall apply unless otherwise decided by the City Council on a case‐by‐case basis.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 5th day of March, 2024, by the following vote:

Members of the City Council
AYES:

NOES:

ABSENT:

ABSTAIN:
335
CC 03-05-2024
335 of 386
Resolution No. 24 ‐ ______ ATTACHMENT D

Page 6 ends

SIGNED:
________
Sheila Mohan, Mayor
City of Cupertino
________________________
Date
ATTEST:
________
Kirsten Squarcia, City Clerk
________________________
Date
336
CC 03-05-2024
336 of 386
Resolution No. 24-____ EXHIBIT A ATTACHMENT E

Page 1 ends

RESOLUTION NO. 24-___

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ADOPTING THE 2024 COMMISSIONERS’ HANDBOOK
WHEREAS, the Cupertino City Council has identified a need to update the 2021 Commissioner’s Handbook as part of the 2023-2025 City Work Program; and WHEREAS, on March 5, 2024, the City Council considered proposed policies and procedures at a duly noticed regular meeting of the City Council.

NOW, THEREFORE, BE IT RESOLVED that:

1. The 2021 Commissioner's Handbook and the procedures, policies, and rules therein are hereby repealed and rescinded.

2. The City Council hereby adopts the 2024 Commissioners’ Handbook attached hereto as Exhibit A.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 5th day of March, 2024, by the following vote:

Members of the City Council
AYES:

NOES:

ABSENT:

ABSTAIN:

SIGNED:
________
Sheila Mohan, Mayor
City of Cupertino
________________________
Date
ATTEST:
________
Kirsten Squarcia, City Clerk
________________________
Date
337
CC 03-05-2024
337 of 386
Resolution No. 24-____ EXHIBIT A ATTACHMENT E

Page 2 ends

COMMISSIONERS’

HANDBOOK
2024
338
CC 03-05-2024
338 of 386
Resolution No. 24-____ ATTACHMENT E

Page 2 ends

Table of Contents
STRUCTURE OF GOVERNMENT 3
Form of Government
City Council
City Manager and Staff
Commissions
Committees
COMMISSION MEMBERSHIP 6
Quorum and Attendance
Vacancies
Resignations and Removals
Ethics
MEETINGS 7
Regular Meetings
Adjourned Meetings
Special Meetings
Subcommittees
Agendas
Preparation for Meetings
Minutes
Procedure
Decorum at Meetings
Basis for your Decision
Recommendations to City Council
CITY WORK PROGRAM 10
COMMUNICATIONS 11
RESOURCES 11
339
CC 03-05-2024
339 of 386
Resolution No. 24-____ ATTACHMENT E

Page 1 ends

1 THE STRUCTURE OF GOVERNMENT

FORM OF GOVERNMENT
The City of Cupertino operates as a general law city with a City Council-City Manager form of government where the City Council sets policy. The City Manager manages the implementation and administration of those policies.

CITY COUNCIL
The City Council is the governing legislative body of the City, consisting of five members elected in odd numbered years to staggered four-year terms. These councilmembers then elect the mayor and vice mayor to one-year terms. The City Council sets goals and priorities and establishes policies. The Mayor is the presiding officer of the Council and the official spokesperson and representative of the City.

CITY MANAGER AND STAFF
City Manager
The City Manager has complete responsibility and authority for the administration of the City’s government. The City Manager is appointed by and serves at the pleasure of the Council and is the appointing authority for the City, selecting the department heads and other employees. The City Manager coordinates and directs the services of the City staff. Commissioners should not attempt to direct or prioritize work for departments or individual staff.

City Clerk
The City Clerk administers the recruitment, appointment, and onboarding of the appointed commissioners. The City Clerk administers the necessary steps for commissioners to begin their service, including administering the Oath of Office to commissioners and providing an orientation to the commissioners regarding the role of the commission to which they have been appointed. The City Clerk oversees commission membership, including annual attendance, ensuring commissioners submit a signed Code of Ethics and complete the AB 1234 Local Ethics and Harassment Prevention trainings, as required by State law. The City Clerk is the filing officer for Statements of Economic Interests (Form 700s), and any other required filing as identified by the City Council and the State. 340
CC 03-05-2024
340 of 386
Resolution No. 24-____ ATTACHMENT E

Page 2 ends

2 City Attorney
The City Attorney’s Office provides legal advice to City commissions and staff supporting the commissions. The City Attorney may provide advice regarding matters pending before a commission, compliance with the Brown Act, and other legal issues. In addition, commissioners may seek informal advice from the City Attorney’s Office regarding conflicts of interest; provided, however, that it is understood that a commissioner is automatically protected from potential liability for conflict of interest only upon taking action that conforms to a written opinion issued by the California Fair Political Practices Commission.

Staff
When assigned by the City Manager, staff assist and act in a technical advisory capacity to the commissions. It is not expected that every staff recommendation will be followed; however, because of the staff’s technical knowledge, full consideration should be given to their recommendation. Staff are at liberty to make their recommendation to the City Council through the City Manager, even though the commission may have taken a different position. However, in these cases, the commission recommendation will be made clear to the City Council.

Staff Liaison
A staff liaison is assigned to each commission. Their main duties include facilitating meetings, preparing agendas, advising commissioners, and preparing meeting minutes. Commissioners should reach out to their liaison if they have any questions regarding matters of the commission or if they would like to contact other staff regarding official business.

COMMISSIONS
Commissions are subsidiary legislative bodies, subject to the Brown Act, comprised solely of members appointed by the City Council. The primary purpose of the City’s commissions is to serve as advisory bodies to Council by weighing public input and rendering recommendations to the City Council. There are times when the advisory body’s recommendation will not be sustained or will be modified by the City Council. It is important to recognize this not as a rejection of the integrity of the recommendation, but as an inevitable part of the process of community decision-making. The Council has appointed commissioners as advisors to them. This underlying philosophy makes it improper for an individual commissioner, acting in their official capacity, to try to persuade the Council into the acceptance of a recommendation other than that voted by the majority of the 341
CC 03-05-2024
341 of 386
Resolution No. 24-____ ATTACHMENT E

Page 3 ends

3 commission. The role of a commission is to assist the City Council in the formation of policy, having been created for the purpose of advising. The scope of work, purpose, and other primary functions for each commission can be found in the City Municipal Code Title 2.

Chair and Vice Chair
Each year, every commission will elect from its membership a Chairperson (Chair) and a vice Chairperson (Vice Chair) who serve at the pleasure of the commission for a one-year term. The Vice Chair acts in this capacity when the Chair is not available.

The Chair should:
 Maintain order of the meeting, ensure respect for all opinions, protect commissioners, staff, and the public from personal attacks.  Keep discussion focused on the issue at hand.
 Solicit opinions from commissioners. Encourage evaluation of new, tentative, or incomplete ideas. Discourage overly dominant commissioners from having disproportionate control over the discussion.  Attempt to reach decisions expeditiously on action items. At those times when action would be premature, guide discussion toward a timeline or framework for responsible action.
 Set meeting rules early and make sure everyone abides by them without exception.
 Set an acceptable time limit for public testimony (generally three minutes per individual and 10 minutes per group) and stick to it. At the Chair’s discretion, the public can interact with the members of the commission beyond the public-comment time limit in order to facilitate better communication of the agendized topic. However, the Chair should take care that all members of the public are given the same opportunities to participate in commission meetings.
 Provide periodic updates, approved by the full body, to Council regarding the status of their activities at least every six months.

COMMITTEES
Committees, for purposes of this Handbook, are subsidiary legislative bodies that are comprised in part of members appointed by the City Council (either directly or ex officio). Committees may also include Councilmembers or City staff among 342
CC 03-05-2024
342 of 386
Resolution No. 24-____ ATTACHMENT E

Page 4 ends

4 their membership. Where applicable, the requirements of this Handbook shall apply to Council-appointed committee members and to committee meetings and procedures.

COMMISSION MEMBERSHIP

QUORUM, ATTENDANCE, TRAINING, AND REPORTING
A quorum consists of a majority of the members of the commission. A quorum is required to conduct business at any meeting whether it is a regular, adjourned, or special meeting. While it is expected that members be present at all meetings, the Chair should be notified if a member knows in advance that he/she will be absent.

Each member should complete all training required by state or federal law or by a City rule or policy. A member shall be considered removed from an advisory body under the following conditions:
 A member misses more than three consecutive meetings
 A member misses more than 25% of the advisory body’s regular meetings in a calendar year
 A member fails to comply with legally required training or conflict of interest reporting requirements after receiving notice and a reasonable opportunity to correct the noncompliance

VACANCIES
Vacancies are filled by appointment by the Council. Appointments made in the middle of a term are for the unexpired portion of that term.

RESIGNATIONS AND REMOVALS
If a member is unable to continue serving because of health, business requirements or personal reasons, a letter of resignation should be submitted to the City Council.

Page 5 ends

5 ETHICS
The citizens and businesses of Cupertino and the general public are entitled to have fair, ethical, and accountable local government. To this end, the City Council has adopted a Code of Ethics and Conduct for Elected and Appointed Officials (Resolution No. 23-122). Commissioners should be familiar with and must comply with the Ethics Code in conducting City business.

MEETINGS

REGULAR MEETINGS
Commissions are required to hold regular meetings open to the public as provided by the enabling ordinance. The agenda for this meeting must be posted at least 72 hours prior to the meeting. A meeting may be cancelled by the staff liaison in consultation with the Chair if there is no Commission business to be conducted.

ADJOURNED MEETINGS
If the business to be considered at a regular meeting cannot be completed, the commission then may designate a time and date for an adjourned meeting.

SPECIAL MEETINGS
A special meeting may be called by the Chair or a majority of the members with coordination with the staff liaison.

SUBCOMMITTEES
The Chair may appoint special subcommittees of less than a quorum of the commission who then may meet at their convenience to carry out the purpose of the subcommittee. If the subcommittee has a continuing subject matter or a regularly scheduled meeting time, it may qualify as a Brown Act committee and public notice provisions will apply.

AGENDAS
Each commission has a staff liaison responsible for preparing agendas in consultation with the Chair. If a commissioner or staff member intends to bring up 344
CC 03-05-2024
344 of 386
Resolution No. 24-____ ATTACHMENT E

Page 6 ends

6 an item for discussion or action, the item must be included on the agenda in accordance with the Brown Act. For each meeting, a date should be scheduled for the Chair and staff liaison to set the agenda. Commissioners can propose agenda items within the purpose of the commission to the staff liaison prior to the agenda setting date. No agenda item requiring preparation of a staff report may be scheduled without approval of the City Manager or their designee.

Future Agenda Setting
The staff liaison will maintain a list of future agenda items that the commission plans to discuss. The Chair, the staff liaison, or any two commissioners can add an agenda item within their purpose to the future agenda item list and it will be scheduled at the discretion of the Chair and staff liaison. To provide commissioners an opportunity to discuss whether to add an item to the future agenda item list, each regularly scheduled agenda will include a “Future Agenda Setting” item. Once an item is added to the future agenda item list, it cannot be removed until it is discussed for removal at a regularly scheduled meeting during the item for “Future Agenda Setting.” In addition, the item will not be removed if the Chair or at least two commissioners wish for the item to remain on the future agenda item list.

Staff Updates and Commissioner Activity Report
Each regularly scheduled agenda will also include a “Staff Updates and Commissioner Activity Report” item for staff to report on updates and the members to provide a concise report on any activities they have taken part in related to the commission since the prior regularly scheduled meeting.

PREPARATION FOR MEETINGS
 Thoroughly review the agenda packet, including agenda reports, and any other materials before the meeting. Check if you may have a conflict of interest with any of the items due to property or monetary interests. If it is unclear, the commissioner can explain the situation to the staff liaison who can seek legal counsel from the City Attorney. For more information on conflicts of interest, please review the Fair Political Practices Commission (FPPC) Conflicts of Interest Rules.
 Understand what action you are being called upon to take for each particular agenda item.
 Contact the Chair or your staff liaison before the meeting to clarify questions about the agenda or request further information. 345
CC 03-05-2024
345 of 386
Resolution No. 24-____ ATTACHMENT E

Page 7 ends

7  Understand the responsibilities of your commission. As a member of an advisory body, you will be asked to provide recommendations to the City Council about specific issues. Keep in mind that your appointment does not empower you to supervise or direct City staff.

MINUTES
The approved minutes are placed on file by the City Clerk for public access.

Commissions should strive to keep summary minutes as opposed to action minutes, unless automatic transcription of the meeting is available. If automatic transcription is made available to supplement official minutes, action minutes may be sufficient.

PROCEDURE
Commissions follow the guidelines on parliamentary procedure contained in Rosenberg’s Rules of Order (Rules). These Rules outline how motions are made and the basic format for an agenda item discussion.

DECORUM AT MEETINGS
 Discourage outward signs of agreement or disagreement from the audience such as cheering or clapping. Such demonstrations can intimidate those wishing to express alternate views and delay the meeting. Also see Conduct of Members in the Cupertino Ethics Code.  Limit your own comments to the issues before the commission. Avoid the appearance of straying from the subject or "grandstanding".

BASIS FOR YOUR DECISION
Commission decisions should be based principally on the information presented to you in the open public meeting process. If you collect pertinent information outside of the public process through a meeting with stake holders or site visits, you should share that information with your fellow commissioners in the public meeting. This sharing of information will ensure that other commissioners and members of the public have a better understanding of the rationale for your decision.

Commissioners are free to meet or refuse to meet with residents, resident groups, 346
CC 03-05-2024
346 of 386
Resolution No. 24-____ ATTACHMENT E

Page 8 ends

8 developers or prospective contractors, or any persons outside of the public meeting process concerning issues before the commission. Commissioners shall disclose any ex parte contact with parties to or participants in a quasi-judicial matter. (A quasijudicial matter is typically a hearing in which a commission hears evidence and makes findings of fact to reach a conclusion based on the applicable law.) Commissioners are encouraged to disclose meetings with other individuals that provide information upon which to base the commissioners’ decisions.

All quasi-judicial procedures and process must follow due process and allow an affected party a right to be heard, and to present controverting fact or testimony on the question of right in the matter involved. Unfair determinations, such as bias, predetermination or refusal to hear an issue, may invalidate actions.

Keep an open mind. An objective, balanced, and receptive approach will help you assess the facets of a given issue and evaluate new ideas. When receiving written and oral public testimony it will be necessary to discern between fact and opinion, as well as between those concerns which are relevant and those which are secondary to the issue at hand. Keeping an open mind will make it easier for you to understand all sides of an issue before you make a judgment or take a position.

RECOMMENDATIONS TO CITY COUNCIL
The Chair shall select a member to represent the commission at any City Council meeting where a commission recommendation is agendized for discussion. The commission representative should strive to represent the position of the commission as a whole at the meeting, as necessary, regardless of the personal views of the member.

CITY WORK PROGRAM
The City Council approves an annual City Work Program to guide the work of the City. Prior to the first draft of the City Work Program each year, staff may reach out to the commissions to review current City Work Program items and ask for recommendations for additional items within the scope of the commission’s jurisdiction, if any. These recommendations will be provided to the City Council for consideration, but ultimately the City Council will determine the final items on the City Work Program. Since the City Council sets the City Work Program to guide the priority efforts in the City, commission agendas should be aligned accordingly. 347
CC 03-05-2024
347 of 386
Resolution No. 24-____ ATTACHMENT E

Page 9 ends

9 COMMUNICATIONS

STAYING INFORMED
Commissioners should sign up for City email notifications to stay informed of various community events and public meetings.

The City uses social media outlets, surveys, email notifications, the Scene, and the City website for outreach to the community. For appropriate conduct on social media, see the City’s Social Media Policy.

USE OF CITY EMAIL
All newly appointed City commissioners will be assigned a mandatory City email address after reviewing and signing the Technology Use Policy.

As noted under the Brown Act, care should be taken with regard to emails. Never select “Reply All” to an email to all commissioners or forward an email sent to you by one commissioner to another commissioner since that would constitute a quorum. All questions and concerns should be directed to the Chair and staff liaison.

All City emails are subject to the Public Records Act and you should use your City email only to conduct City business as a commissioner. Please do not forward or reply to a City email from your personal email address. Once your term on the commission is over, your City email will be terminated.

RESOURCES
Commissioners should familiarize themselves with the following resources:

City policies relating to ethics, social media, commissions, diversity, and technology, as well as the City organizational chart, a Rosenberg’s Rules of Order cheat sheet, and other resources can be found online in the Commission Resources folder.
348
CC 03-05-2024
348 of 386

ATTACHMENT F

COMMISSIONER’S
’ HANDBOOK
2021
2024
349
CC 03-05-2024
349 of 386
ii

ATTACHMENT F
Table of Contents
WELCOME AND ORIENTATION ii
STRUCTURE OF GOVERNMENT 43
Form of Government 4
City Council 4
City Manager and Staff 4
Commissions 5
Committees
COMMISSION MEMBERSHIP 6
Quorum, and Attendance, Training, and Reporting 6
Vacancies 6
Resignations and Removals 6
Ethics
MEETINGS 67
Regular Meetings 6
Adjourned Meetings 6
Special Meetings 7
Subcommittees 7
Agendas 7
Preparation for Meetings 7
Minutes 8
Procedure 8
Decorum at Meetings 8
Basis for your Decision 8
Recommendations to City Council
CITY WORK PROGRAM 910
COMMUNICATIONS 119
Staying Informed 9
Use of City Email 10
RESOURCES 110
350
CC 03-05-2024
350 of 386
3 ATTACHMENT F

THE STRUCTURE OF GOVERNMENT

FORM OF GOVERNMENT
The City of Cupertino operates as a general law city with a City Council‐City Manager form of government where the City Council sets policy and the. The City Manager manages the implementation and administration of those policies.

CITY COUNCIL
The City Council is the governing legislative body of the City, consisting of five members elected in odd numbered years to staggered four‐year terms. These councilmembers then elect the mayor and vice mayor to one‐year terms. ItThe City Council sets goals and priorities and establishes policies. The Mayor is the presiding officer of the Council, and the official spokesperson and representative of the City.

CITY MANAGER AND STAFF
City Manager
The City Manager has complete responsibility and authority forthe administration of the City’s government. This individualThe City Manager is appointed by and serves at the pleasure of the Council and is the appointing authority for the City, selecting the department heads and other employees. The City Manager coordinates and directs the services of the City staff, and commissioners.

Commissioners should not attempt to direct or prioritize work for departments or individual staff.

City Clerk
The City Clerk plays an important role for advisory bodies.administers the recruitment, appointment, and onboarding of the appointed commissioners. The City Clerk accepts and maintains applications, processes appointments, updatesadministers the necessary steps for commissioners to begin their service, including administering the Oath of Office to commissioners and providing an orientation to the commissioners regarding the role of the commission to which they have been appointed. The City Clerk oversees commission membership rosters, bylaws, informational booklets, and yearly, including annual attendance records., ensuring commissioners submit a signed Code of Ethics and complete the AB 1234 Local Ethics and Harassment Prevention trainings, as required by State law. The City Clerk is the filing officer for Statements of Economic Interests, 351
CC 03-05-2024
351 of 386
4 ATTACHMENT F
(Form 700s), and any other required filing as identified by the City Council and the State.

City Attorney
The City Attorney’s Office provides legal advice to City commissions and staff supporting the commissions. The City Attorney may provide advice regarding matters pending before a commission, compliance with the Brown Act, and other legal issues. In addition, commissioners may seek informal advice from the City Attorney’s Office regarding conflicts of interest; provided, however, that it is understood that a commissioner is automatically protected from potential liability for conflict of interest only upon taking action that conforms to a written opinion issued by the California Fair Political Practices Commission.

Staff
When assigned by the City Manager, staff assist and act in a technical advisory capacity to the commissions. It is not expected that every staff recommendation will be followed; however, because of the staff’s technical knowledge, full consideration should be given to theirrecommendation. Staff are at liberty to make their recommendation to the City Council through the City Manager, even though the commission may have taken a different position. However, in these cases, the commission recommendation will be made clear to the City Council.

Staff Liaison
A staff liaison is assigned to each commission. Their main duties include facilitating meetings, preparing agendas, advising commissioners, and writingpreparing meeting minutes. Commissioners should reach out to their liaison if they have any questions regarding matters of the commission or if they would like to contact other staff regarding official business.

COMMISSIONS
Commissions are subsidiary legislative bodies, subject to the Brown Act, comprised solely of members appointed by the City Council. The primary purpose of the City’s commissions is to serve as advisory bodies to Council by weighing public input and rendering recommendations to the City Council. There are times when the advisory body’s recommendation will not be sustained or will be modified by the City Council. It is important to recognize this not as a rejection of the integrity of the recommendation, but as an inevitable part of the process of community decision‐making. The Council has appointed commissioners as advisors to them. This underlying philosophy makes it improper for an individual 352
CC 03-05-2024
352 of 386
5 ATTACHMENT F
commissioner, acting in their official capacity, to try to persuade the Council into the acceptance of a recommendation other than that voted by the majority of the commission. The role of a commission is to assist the City Council in the formation of policy, having been created for the purpose of advising. The scope of work, purpose, and other primary functions for each commission can be found in the City Municipal Code ChapterTitle 2.

Chair and Vice Chair
Each year, every commission will elect from its membership a Chairperson (Chair) and a vice Chairperson (Vice Chair) who serve at the pleasure of the commission for a one‐year term. The Vice Chair acts in this capacity when the Chair is not available.

The Chair should:
 Maintain order of the meeting, ensure respect for all opinions, protect commissioners, staff, and the public from personal attacks.  Keep discussion focused on the issue at hand.
 Solicit opinions from commissioners. Encourage evaluation of new, tentative, orincomplete ideas. Discourage overly dominant commissioners from having disproportionate control over the discussion.  Attempt to reach decisions expeditiously on action items. At those times when action would be premature, guide discussion toward a timeline or framework for responsible action.
 Set meeting rules early and make sure everyone abides by them without exception.
 Set an acceptable time limit for public testimony (generally three minutes per individual and 10 minutes per group) and stick to it. At the Chairʹs discretion, the public can interact with the members of the commission beyond the public‐comment time limit in order to facilitate better communication of the agendized topic. However, the Chair should take care that all members of the public are given the same opportunities to participate in commission meetings.
 Provide periodic written updates, approved by the full body, to Council regarding the status of their activities at least every six months.

COMMITTEES
Committees, for purposes of this Handbook, are subsidiary legislative bodies that are comprised in part of members appointed by the City Council (either directly 353
CC 03-05-2024
353 of 386
6 ATTACHMENT F
or ex officio). Committees may also include Councilmembers or City staff among their membership. Where applicable, the requirements of this Handbook shall apply to Council‐appointed committee members and to committee meetings and procedures.

COMMISSION MEMBERSHIP

QUORUM AND, ATTENDANCE, TRAINING, AND REPORTING
A quorum consists of a majority of the members of the commission. A quorum is required to conduct business at any meeting whether it is a regular, adjourned, or special meeting. While it is expected that members be present at all meetings, the Chair should be notified if a member knows in advance that he/she will be absent.

Each member should complete all training required by state or federal law or by a City rule or policy. A member shall be considered removed from an advisory body under the following conditions:
 A member misses more than three consecutive meetings
 A member misses more than 25% of the advisory body’s regular meetings in a calendar year (16‐137)
 A member fails to comply with legally required training or conflict of interest reporting requirements after receiving notice and a reasonable opportunity to correct the noncompliance

VACANCIES
Vacancies are filled by appointment by the Council. Appointments made in the middle of a term are for the unexpired portion of that term. Council‐appointed Alternates will automatically fill a vacancy.

RESIGNATIONS AND REMOVALS
If a memberis unable to continue serving because of health, business requirements or personal reasons, a letter ofresignation should be submitted to the City Council.

The position of any member is automatically vacated when the member ceases to meet the qualifications for office, when Council accepts the member’s resignation, when the member fails to comply with requirements of Section A, above, or when the Council so declares.
354
CC 03-05-2024
354 of 386
7 ATTACHMENT F
ETHICS
The citizens and businesses of Cupertino and the general public are entitled to have fair, ethical, and accountable local government. To this end, the City Council has adopted a Code of Ethics and Conduct for Elected and Appointed Officials (Resolution No. 23‐122). Commissioners should be familiar with and must comply with the Ethics Code in conducting City business.

MEETINGS

ADJOURNED MEETINGS
If the business to be considered at a regular meeting cannot be completed, the commission then may designate a time and date for an adjourned meeting.

SPECIAL MEETINGS
A special meeting may be called by the Chair or a majority of the members with coordination with the staff liaison.

AGENDAS
Each commission has a staff liaison responsible for preparing agendas in consultation with the Chair. If a commissioner or staff member intends to bring up an item for discussion or action, the item must be included on the agenda in 355
CC 03-05-2024
355 of 386
8 ATTACHMENT F
accordance with the Brown Act. For each meeting, a date should be scheduled for the Chair and staff liaison to set the agenda. Commissioners can propose agenda items within the purpose of the commission to the staff liaison prior to the agenda setting date. No agenda item requiring preparation of a staff report may be scheduled without approval of the City Manager or their designee.

Future Agenda Setting
The staff liaison will maintain a list of future agenda items that the commission plans to discuss. The Chair, the staff liaison, or any two commissioners can add an agenda item within their purpose to the future agenda item list and it will be scheduled at the discretion of the Chair and staff liaison. To provide commissioners an opportunity to discuss whether to add an item to the future agenda item list, each regularly ‐scheduled agenda will include a “Future Agenda Setting” item. Once an item is added to the future agenda item list, it cannot be removed until it is discussed for removal at a regularly scheduled meeting during the item for “Future Agenda Setting.” In addition, the item will not be removed if the Chair or at least two commissioners wish for the item to remain on the future agenda item list.

PREPARATION FOR MEETINGS
 Thoroughly review the agenda packet, including agenda reports, and any other materials before the meeting. Check if you may have a conflict of interest with any of the items due to property or monetary interests. If it is unclear, the commissioner
 can explain the situation to the staff liaison who can seek legal counsel from the City Attorney. For more information on conflicts of interest, please review the Fair Political Practices Commission (FPPC) Conflicts of Interest Rules.
 Understand what action you are being called upon to take for each particular agenda item.
 Contact the Chair or your staff liaison before the meeting to clarify questions about the agenda or request further information.  Understand the responsibilities of your commission. As a member of an 356
CC 03-05-2024
356 of 386
9 ATTACHMENT F
advisory body, you will be asked to provide recommendations to the City Council about specific issues. Keep in mind that your appointment does not empower you to supervise or direct City staff.

MINUTES
The approved minutes are placed on file by the City Clerk for public access.

Commissions should strive to keep summary minutes as opposed to action minutes., unless automatic transcription of the meeting is available. If automatic transcription is made available to supplement official minutes, action minutes may be sufficient.

DECORUM AT MEETINGS
 Discourage outward signs of agreement or disagreement from the audience such as cheering or clapping. Such demonstrations can intimidate those wishing to express alternate views and delay the meeting. Also see Conduct of Members in the Cupertino Ethics PolicyCode.
 Limit your own comments to the issues before the commission.

Avoid the appearance of straying from the subject or
ʺgrandstandingʺ.

Commissioners are free to meet or refuse to meet with residents, resident groups, 357
CC 03-05-2024
357 of 386
10 ATTACHMENT F
developers or prospective contractors, or any persons outside of the public meeting process concerning issues before the commission. If you meetCommissioners shall disclose any ex parte contact with any parties to or participants in a quasi‐judicial matter. (A quasi‐judicial matter is typically a hearing in which a commission hears evidence and makes findings of fact to reach a conclusion based on the applicable law.) Commissioners are encouraged to disclose meetings with other individuals outside of the public meeting you should disclose the content of that meeting in the public meeting to again ensure that everybody is aware of the facts and have similarprovide information upon which to base their decision; this disclosure is required for quasi‐ judicial matters.the commissioners’ decisions.

All governmentalquasi‐judicial procedures and process must follow due process and allow an affected party a right to be heard, and to present controverting fact or testimony on the question of right in the matter involved. Unfair determinations, such as bias, predetermination, or refusal to hear, etc., an issue, may invalidate actions.

CITY WORK PROGRAM
The City Council approves an annual City Work Program to guide the work of the City. Prior to the first draft of the City Work Program each year, staff willmay reach out to the commissions to review current City Work Program items and ask for recommendations for additional items within the scope of items to addthe commission’s jurisdiction, if any. These recommendations will be provided to the 358
CC 03-05-2024
358 of 386
11 ATTACHMENT F
City Council for consideration, but ultimately the City Council will determine the final items on the City Work Program. Commissions support City Work Program items within their scope by reviewing the items and making recommendations to City Council. Since the City Council sets the City Work Program to guide the priority efforts in the City, commission agendas should be aligned accordingly. By August 15, each commission should provide an annual report of all of the topics the commission has addressed in the prior year.

COMMUNICATIONS

STAYING INFORMED
Commissioners should sign up for City email notifications to stay informed of various community events and public meetings. Council encourages commissioners to attend at least two community meetings or meetings of other commissions each year.

The City uses social media outlets, surveys, email notifications, the Scene, and the City website to performfor outreach for City businessto the community. For appropriate conduct on social media, see the City’s Social Media Policy. For questions about City outreach, speak with your staff liaison.

USE OF CITY EMAIL
All newly appointed City commissioners will be assigned a mandatory City email address after reviewing and signing the Technology Use Policy.

RESOURCES
Commissioners should familiarize themselves with the following resources:
359
CC 03-05-2024
359 of 386
12 ATTACHMENT F
City policies relating to ethics, social media, commissions, diversity, and technology, as well as the City organizational chart, a Rosenberg’s Rules of Order cheat sheet, and guidance on imposed restraints,other resources can be found online in the Commission Resources folder.

League of California Cities
Institute for Local Government
360
CC 03-05-2024
360 of 386

CITY OF CUPERTINO
Agenda Item
24-12965 Agenda Date: 3/5/2024
Agenda #: 8.

Subject: Consider list of agenda items requested by City Councilmembers (“TBD List”).

Review the TBD list and modify the list as recommended below.

Presenter: Pamela Wu, City Manager
CITY OF CUPERTINO Page 1 of 1 Printed on 2/28/2024
powered by Legistar™361
CC 03-05-2024
361 of 386
1 CITY COUNCIL STAFF REPORT
Meeting: March 5, 2024
Subject
Consider list of agenda items requested by City Councilmembers (“TBD List”).

Recommended Action
Review the TBD list and modify the list as recommended below.

Reasons for Recommendation
As required per the Council’s adopted Procedures Manual, the City Manager provides a quarterly report to Council regarding the status of future agenda items. These are items that two Councilmembers have requested to be added to a future City Council agenda.

On November 7, 2023, staff presented a list of seven TBD items for Council consideration. Council accepted the staff recommendation and added an item for hybrid meetings.

The list below reflects new items that have been added since the November 7, 2023 update. Any item may be removed by a majority vote of the City Council. The most current TBD list and staff recommendation for each of them follows:
#
When TBD Item was
added by whom Subject Recommendation
1 Moore and Chao
added in October
2023
City Treasurer Appointment Staff recommends
removing this item.
2 Moore and Chao
added in November
2023
Public facilities corporation’s
tax-exempt status
This has been
addressed
administratively and
Council has been
updated.
3 Moore and Chao
added February 2024
Housing Element Study
Session
Staff is preparing this
for Council.
4 Moore and Chao
added February 2024
Moving Council meetings to
Wednesday’s
Staff recommends
removing this item.
362
CC 03-05-2024
362 of 386
2 Sustainability Impact
No sustainability impact.

Fiscal Impact
No fiscal impact.

California Environmental Quality Act
Not applicable.
_____________________________________
Prepared by: Astrid Robles, Senior Management Analyst
Reviewed by: Tina Kapoor, Deputy City Manager
Matt Morley, Assistant City Manager
Chris Jensen, City Attorney
Approved for Submission by: Pamela Wu, City Manager
363
CC 03-05-2024
363 of 386

CITY OF CUPERTINO
Agenda Item
23-12670 Agenda Date: 3/5/2024
Agenda #: 9.

Subject: Councilmember Reports
CITY OF CUPERTINO Page 1 of 1 Printed on 2/28/2024
powered by Legistar™364
CC 03-05-2024
364 of 386
CITY COUNCIL ACTIVITY REPORT*
Meeting: Tuesday, March 5, 2024
+for the “Councilmember Reports” agenda item under the “COUNCIL REPORTS AND COMMENTS” section
Reporting Councilmember: Councilmember Liang Chao
Report Activity Dates: 2/13/24 to 2/26/24
Section 1: Events Attended (Date, Title, and Description):
(This list does not include internal meetings with staff only, such as prep sessions or meetings with the City Manager.)
2024-02-13 spoke at the FUHSD Board Meeting on their decision to transition to by-trustee area election, at the request of Cupertino residents.
- At the 2/6 Council Meeting and other informal setting, a few Cupertino residents told the Council that Sunnyvale Councilmembers have spoken at FUHSD in person multiple times, but Cupertino Councilmembers never spoke there on this issue. - I attended the 2/13 FUHSD Board meeting in person to speak, representing myself only, of course. My speech titled “By-trustee-area election undercuts voters' ability to influence the board” was also sent to the FUHSD Board as written communication. 2024-02-15 Virtual Meeting with 5 UC Merced Computer Science students on the Capstone project on a tool to help train medical coder to use the new system with 15,000 codes to classify symptoms.
2024-02-19 Watched the video of the 2/15 State of the City Address on a later date https://www.youtube.com/watch?v=mHInGoI0tYA
- Similar to the 2023 State of the City Address, the City allowed the same two nonprofits to take up 6 to 8 minutes each to highlight their own organizations in this city event before the Mayor spoke. 2024-02-16 Attended Cupertino-CUSD-FUHSD 1x2x2 Strategic Partnership as a member of the audience
- I spoke to request that the agenda setting process is made more clear so the members of the public could propose agenda items. For example, some member wished to discuss the staggered school start time to relieve traffic congestion in the morning, but the item could not be added as there was no venue to propose agenda items.
1 365
CC 03-05-2024
365 of 386
- This is the first meeting where Cupertino has only one Councilmember as a representative, while there are two board members from each school district.
2024-02-16 IvyMax Lunar New Year Appreciation Event to present awards to students for their volunteer or community work and recognition to parent volunteers. 2024-02-19 Meeting with FUHSD Student Board Member - about by-trustee area election, student board selection process, budget for electives when a Basic Aid district has reduced student population. 2024-02-24 Lunar New Year Performance, organized by Silicon Valley Community United (SVCU) Youth group.
- There was a group poem reading as a mini drama, amazing Chinese and Indian dances and singing.

Section 2: Other Activities:
(This list includes other activities of interest, which I have done or paid attention to because of issues brought up by the city staff or community members.) NOTE: In the past, for this agenda item, each Councilmember reports their activities on the dias and also makes any comments/announcements they feel are important for the community to know. Thus, I am continuing that tradition here.

1. Cupertino Budget Discussions:
- Mid-Year Financial Report was on the 2/21 agenda. The G – FY 2022-23 Special Projects Update has a list of current programs, their budget and status. - A member of the public shared this 10-year Staffing and Population Growth Chart - Misc. info:
- Cupertino’s revenue from sales tax is expected to plunge by $30M from the 2021 2 366
CC 03-05-2024
366 of 386
level due to a CDTFA audit. (city site, news article)
- The Annual Actuals from 2012 to 2022 could be found from Cupertino’s OpenGov Transparency Portal (click on “Annual Actuals”), where you can see how much of our annual revenue comes from sales tax, property tax etc. - The City Council has started to look at potential revenue generation options (increasing sales taxes/TOT tax etc, increasing fees for services) and cost-cutting options (cutting services, stopping hybrid commission meetings) - A roadmap of what’s upcoming is in the Feb. 6 Staff Presentation for the Fee Study Agenda Item:
- The Community Workshop on Budget will be on Thursday 2/29.

2. Housing Element Update:
- The deadline to have a compliant HE is Jan. 31, 2023 and the deadline to complete all 3 367
CC 03-05-2024
367 of 386
rezoning is Jan. 31, 2024. Cupertino has failed to meet both deadlines, but is expected to submit a compliant HE by May 2024 and finish rezoning properties in another 3 months. - The third draft was posted on 2/16 for a 7-day commenting period and then the draft and all public comments are submitted to HCD (the State’s Housing and Community Development agency) on 5/23.
- Since none of the earlier Housing Element draft was put on the Council agenda for Council deliberation or direction, I felt that the only way for me, a Councilmember, to provide input is through submitting comments like other members of the public. So, I have submitted my comments.
- Comment on Third HE Draft: Discourage Projects which Worsen Job-Housing Balance
- Comment for Third HE Draft: Limit Amenity Space for Rental Units - Comment on Third HE Draft: Limit Square Footage of For-Sale Homes With Incentives for Middle Income
- Comment on HE Draft: Prioritize for-sale homes, rather than rentals - Comment on Third HE Draft: No Waiver/Exemption allowed to lower BMR percentage or standards
- Comment Third HE Draft: Comments sent to HCD and other Public Comments not posted
- Comment for Third HE draft: Policies to turn R1 sites to R3 sites came out of no where
- Comment for Third HE Draft: Lack of Public/Council Participation on HE Process - The HE draft contains quite a few new policies never presented on any Council agenda with promises for implementation through ordinances in 6 months or 12 months. - I have submitted an agenda request to have a study session on the current HE draft before the final adoption, as the Council should not be expected to rubber stamp such the set of extensive and important legislative documents with many new policies and commitments to be adopted all in one meeting.

3. Monthly Development Activity Reports: Feb. 2024 report - Other news:
- Update on city-owned Mary Ave. Project (APN: 326-27-053): On 2/6, the Council approved the Exclusive Negotiation Agreement (ENA) with Cupertino Rotary Housing Corporation, Housing Choices Coalition for Persons with Developmental Disabilities, Inc., and Charities Housing. The proposal envisions a 100% affordable, 40-unit, two-story, apartment development, structured as a Special Needs project with 18 units reserved for a special needs population.
- Update on Simeon Project: The County Board of Supervisors approved a proposal from Eden Housing “to build affordable teacher and school worker housing in Cupertino. … The project, located at 10333 N. Wolfe Road, will sit on approximately 5 acres of land owned by Apple. The site can fit up to 257 apartments and homes and could include other kinds of affordable housing, according to Eden Housing. … Eden Housing aims to have an approved 4 368
CC 03-05-2024
368 of 386
development plan by the end of this year, with construction slated for 2026 and a move-in date of 2028, according to the county.” (Santa Clara County deal brings teacher housing to Cupertino, Kron4.com)
- Vallco SB-35 Project: The 2nd revised plan, submitted on Dec. 5, 2023 is already approved by the City. To be considered a revision, not a new project, there should be less than 25% change.
- Highlights from this news article: reduce retail space from 430,000 square feet to about 230,000 square feet; reduce below-market-rate units from 50% to one third; increase the total housing units from 2,402 to 2,669 units; office space reduced slightly from 1.98 million square feet of office space. - Westport: Westport BMR Building now accepting applications for residents. Townhomes currently for sale.

4. FUHSD By-Trustee-Area Election in November 2024
- FUHSD is drawing boundaries of the 5 Trustee Areas. The FUHSD Board is expected to adopt the final map right after the 4th Public Hearing on April 24, 2024. - Oct. 17, 2023 (Presentation - includes proposed maps and revised timeline) - Upcoming meetings:
- Wednesday,March 20, 2024 (6 p.m.) - likely to finalize the maps - April 24, 2024 (6 p.m.) - likely final adoption of the resolution - I have spent some time studying the issues and have sent the following emails. representing myself only of course, to the FUHSD Board to express my concerns on the shortened timeline and inadequate outreach to Cupertino and West San Jose K-8 schools with students who will attend FUHSD in the immediate future:
- My 2/13 speech titled “By-trustee-area election undercuts voters' ability to influence the board”.
- Why follow a shorter timeline than City of Sunnyvale and Foothill-De Anza 5 369
CC 03-05-2024
369 of 386
College District?
- FUHSD never received any challenge letter, but they rushed to decide to transition without any evidence of racial polling or without considering pros/cons or other options.
- Inadequate outreach to non-Sunnyvale K-8 schools, compared with Sunnyvale K-8 schools
- The outreach to Sunnyvale K-8 schools started in August 2023 in multiple Back-to-School Nights, while there has been zero outreach to West San Jose or Cupertino K-8 schools until February 15, 2023 with on PTA meeting.

Almost 6 months late.
- Important New CVRA Case: about the August 2023 California Supreme Court decision to clarify that by-trustee-area election is not the only alternative to comply with CVRA
-
(Last Activity Report in the Feb. 21, 2024 Council Meeting Agenda.) 6 370
CC 03-05-2024
370 of 386
1 CITY COUNCIL ACTIVITY REPORT
Meeting:  March 5, 2024
Reporting Councilmember:  Vice Mayor J.R. Fruen
Report Activity Dates:  2/13/24 to 2/27/24
Event Date, Title, and Description:

Event 1. February 15, 2024 – State of the City Address – Together with Councilmembers Moore and Wei, I attended Mayor Mohan’s State of the City Address. The Mayor recapped 2023’s achievements and challenges and laid out her hopes and vision for 2024 under the theme of “Stronger Together.” Numerous other local elected officials attended, and the address was broadly well‐received. In addition to the Mayor’s address, the assembled public received comments from the sponsors of the evening, the Cupertino Chamber of Commerce, and the Rotary Club of Cupertino. The County Sheriff and the Santa Clara County Fire District Chief also offered remarks as part of the principal address. The city’s Poet Laureate closed out the ceremonies with a poem she had composed for the occasion.

Event 2. February 16, 2024 – Weekly Meeting with the City Manager – I attended my weekly meeting with City Manager Wu to discuss the upcoming council agenda, resident concerns, and items of interest.

Event 3. February 16, 2024 – Mid‐Year Budget and Purchasing Ordinance Preparatory Session – I received a briefing from staff on the Mid‐Year Budget report and the Purchasing Ordinance set for council’s consideration on the February 21, 2024, council agenda. The briefing was well‐ organized and illuminating.

Event 4. February 20, 2024 – Follow Up Meeting with the City Manager – I attended a follow up meeting with City Manager Wu and Mike Foulkes (Apple, Inc.). 371
CC 03-05-2024
371 of 386
City Council Councilmember Activity Report
2 Event 5. February 23, 2024 – Weekly Meeting with the City Manager – I attended my weekly meeting with City Manager Wu to discuss the upcoming council agenda, resident concerns, and items of interest.

Event 6. February 23, 2024 – Cupertino Chamber of Commerce Lunar New Year Celebration – Together with Mayor Mohan, and Councilmembers Moore and Wei, I attended the Cupertino Chamber of Commerce’s annual Lunar New Year celebration honoring the commencement of the Year of the Dragon at Quinlan Community Center.

372
CC 03-05-2024
372 of 386
1 CITY COUNCIL ACTIVITY REPORT
Meeting: Tuesday, March 5, 2024
Reporting Councilmember:   Mayor Sheila Mohan
Report Activity Dates:  2/13/24 to 2/26/24
Event Date, Title, and Description:
2/13/24: Attended an introductory meeting with Sheriff Bob Johnson, prior to the State of the City address, to hear what his focus would be in his speech. Discussion centered on issues generally raised by residents: the one unhoused person near Target, auto thefts (catalytic converters), home burglaries.   The Sheriff suggested precautions that homeowners and residents should and could take to protect themselves and their property. 2/13/24: Attended a meeting with Foothill De Anza College Chancellor Lee Lambert to follow up on issues raised in January in my meeting with Lloyd Holmes, De Anza College President.  These included parking, internships, update on campus medical clinic, and student/teacher housing.

2/14/24: Met with Santa Clara County Fire District Chief Kerdkaew and received an update on how first responders respond to fire and rescue emergencies in the Cupertino operational area.
2/15/24: The 2024 State of the City event was held at the Quinlan Center.  I delivered the annual address in front of an audience of about 200.  The theme was Stronger Together, and I emphasized the need to forge and/or strengthen partnerships with community organizations and businesses to be able to boost the City’s commitment to community needs.  A big thank you to staff who put in considerable time and effort to make the event successful. 2/16/24: Attended a prep session conducted by City staff on the status of the 373
CC 03-05-2024
373 of 386
City Council Councilmember Activity Report
2 mid‐year budget.  Despite much uncertainty surrounding the City’s structural deficit situation, I was heartened to see that the midyear budget reflected the City’s focus on being prudent and responsible in its operations. 2/16/24: Attended the Santa Clara County Mayors Gathering hosted by mayors of Sunnyvale and San Jose.   The Housing Element and the challenges it presented was the focus of discussion.       Other issues that the mayors touched upon were the complexities with the unhoused population, builders remedy cases that most cities were facing, and ERAF uncertainty.
2/17/24: Celebrated the Lunar New Year with Diana Ding and her Media Company at their Santa Clara Office.   It was a whole day of festivities which included multicultural dance and music performances and was well attended by local officials.  Councilmember Wei and I represented Cupertino. 2/17/24: Attended a dance performance by the Sri Vidya Dance School, a Cupertino area fixture for many years.   The school’s artistic director is a long‐time resident of Cupertino and has trained many young dancers mostly in the ancient Indian tradition of Bharatanatyam.
2/22/24: Met with a group of residents from Cupertino who presented details of a meditation program(“Heartfulness”) they have designed which is intended to reduce stress for all and especially young people. The group was interested in promoting their program to schools and residents.
2/23/24: Attended the Lunar New Year luncheon at the Quinlan Center hosted by the Chamber of Commerce.  Fire‐breathing dragons mingled with guests and a good time was had by all.

374
CC 03-05-2024
374 of 386
1 CITY COUNCIL ACTIVITY REPORT
Meeting: March 5, 2024
Reporting Councilmember: Councilmember Kitty Moore
Report Activity Dates: 2/12/24 to 2/23/24
Event Date, Title, and Description:

February 16, 2024. City Council prep. Session RE Budget update and additional topics.

February 20, 2024. 2:1 meeting with CA and CM.

February 21, 2024. Cupertino City Council meeting.

February 22, 2024. Attended Stevens Creek Steering Committee as audience.

February 22, 2024. Attended Dignity Moves event in San Jose which included a guest speech by SJ Mayor Mahan and information regarding unhoused opportunities for assistance with private owner land leases for limited (5 year) horizons.

February 23, 2024. First time attendee at the Cupertino Chamber of Commerce Lunar New Year Celebration. Met many our business community leaders.

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. I have been studying the quality management-related ISO 14001 sustainability planning standards, air pollution controls, and water law and clean-up standards post Cuyahoga River fire 375
CC 03-05-2024
375 of 386
City Council Councilmember Activity Report
2 and Clean Water Act of 1972. This is the start of my third year in Environmental Studies.
376
CC 03-05-2024
376 of 386
1 CITY COUNCIL ACTIVITY REPORT
Meeting:  March 5, 2024
Reporting Councilmember:  Councilmember Hung Wei
Report Activity Dates:  2/13/24 to 2/27/24
Event Date, Title, and Description:

Event 1. Tuesday February 13, 2024 @ 3:45pm, meeting with students re Public Safety Met with two students from Fremont Union High School District to discuss public safety issues in Cupertino.

Event 2. Thursday February 15, 2024 @ 9:45am, meeting with a resident regarding the Housing Element
Met with a resident to answer questions on the Housing Element.

Event 3. Thursday February 15, 2024 @ 5:30pm, Cupertino State of the City Address by Mayor Sheila Mohan
Attended the State of the City Address at Quinlan Center.

Event 4. Friday February 16, 2024 @ 11:30am, Meeting of CUSD, FUHSD, and the City of Cupertino
Chaired the Meeting with CUSD, FUHSD, and Cupertino City to discuss issues to collaborate, report on current topics of each agency, and set up future meeting schedules.

Event 5. Saturday 17, 2024 @ 11:30am, 2nd Celebrate Lunar New Year Together event hosted by Ding Ding TV
Attended the 2nd Annual “Celebrate Lunar New Year Together” event at Ding Ding TV with public officials, representatives from state elected officials, community volunteers, and residents to celebrate Lunar New Year with emphasis on “We All Belong Here”. 377
CC 03-05-2024
377 of 386
City Council Councilmember Activity Report
2 Event 6. Saturday February 17, 2024 @ 7:00pm, Chinese Performing Arts of America (CPAA) Annual Performance at San Jose Performing Arts Center
Attended the Annual Performance of CPAA and presented a Certificate of Appreciation to the organizer on behalf of Mayor Mohan and the City of Cupertino.

Event 7. Sunday February 18, 2024 @ 8:00pm, ZOOM meeting with a Monta Vista FBLA (Future Business Leaders of America) student
Attended a ZOOM meeting with a Monta Vista FBLA student to discuss City services to support youths with disabilities and how students can initiate activities in support of students with disabilities.

Event 8. Wednesday February 21, 2024 @ 9:30am, Via West Campus Tour in Cupertino Toured the Via West Campus in Cupertino with Soheila Mozayan, Vice President of Board Relations and Legislative Affairs, and Byran Neider, Chief Executive Officer, to discuss community goals and Camp Via West update.

Event 9. Thursday February 22, 2024 @ 10:00am, Steven Creek Corridor Steering Committee Meeting @ Cupertino Community Hall
Attended the Stevens Creek Corridor Steering Committee Meeting on reflection of the Stevens Creek Corridor Tour, Vision Statement discussions, next steps, and future meeting dates.

Event 10. Thursday February 22, 2024 @ 4:30pm, Consul General of Japan’s invitation to celebrate His Majestic Birthday
Attended the Birthday Celebration at the Consul General of Japan’s residence in San Francisco with Mayor Sheila Mohan and Ram, and Cupertino‐Toyokawa Sister City President Alysa Sakkas.

Event 11. Friday February 23, 2024 @ 11:30am, Lunar New Year Celebration hosted by the Asian American Business Council (AABC) of Cupertino Chamber of Commerce @ Cupertino Quinlan Community Cener
Attended the Annual Lunar New Year Celebration with fellow Councilmembers, City staff, and public officials as well as community leaders and members to celebrate the Year of the Dragon.

Event 12. Friday February 23, 2024 @ 2:30pm, Cities Association of Santa Clara County Executive Board Meeting @ Los Altos Community Center
378
CC 03-05-2024
378 of 386
City Council Councilmember Activity Report
3 Attended the Cities Association of Santa Clara County E‐Board Meeting as Secretary/Treasurer to discuss the Budget proposal for the newly formed JPA, procedures to update Bylaws, and future meeting dates/time.

Event 13. Saturday February 24, 2024 @ 4:00pm, 2024 Taiwan Lantern Festival hosted by the Northern California South Bay Taiwanese Association
Attended the 2024 Taiwan Lantern Festival representing Cupertino – a wonderful festival with Arts and Craft, cultural performances, and traditional Lunar New Year food/goodies.

Event 14. Monday February 26, 2024 @ 2:00pm, Silicon Valley Clean Energy Finance and Administrative Committee Meeting
Attended and chaired the Finance and Administrative Committee meeting at Silicon Valley Clean Energy office, received report on stress test in determining Reserve/Budget issues, approved recommended February Budget update, information of personnel hiring and Policy and Procedures update.

Event 15. Tuesday February 27, 2024 @ 1:00pm ZOOM meeting with Cities Association E‐Board members and Cisco
ZOOM meeting to go over May 22 Event at Cisco with President and Immediate Past President of Cities Association of Santa Clara County, Executive Director of Cal Cities Peninsula Division, and representative from Cisco.
379
CC 03-05-2024
379 of 386

CITY OF CUPERTINO
Agenda Item
23-12693 Agenda Date: 3/5/2024
Agenda #: 10.

Subject: Cupertino Senior Center Bingo and Hidden Treasures Receive update on Cupertino Senior Center Bingo and Hidden Treasures CITY OF CUPERTINO Page 1 of 1 Printed on 2/28/2024
powered by Legistar™380
CC 03-05-2024
380 of 386

CITY COUNCIL INFORMATIONAL MEMORANDUM
Meeting: March 5, 2024
To: Cupertino City Council
From: Parks and Recreation Department
Re: Cupertino Senior Center Bingo and Hidden Treasures
Background
Senior Center Bingo Activities
The bingo operation by Senior Advisory Council has been a continuous part of the Senior Center activities since 1994. Bingo offerings are regulated by the Municipal Code Chapter 5.32. In 2018, staff worked with the City Attorney’s Office to bring forward a fee waiver for room use pertaining to the bingo program. Staffing changes have allowed for a more accurate interpretation of the Municipal Code requirements governing how the bingo program should be administered in Senior Center. The Director of Parks and Recreation, working with the City Attorney, has refined and clarified the process to meet those requirements.

The bingo program is operated by the Senior Advisory Council. The Senior Advisory Council treasurer oversees the Advisory Council’s bank account and payments for the Bingo applications. The Senior Advisory Council appoints Bingo committee members responsible for any proceeds brought in by the Bingo operation and then disbursed in the daily winnings. Bingo funds, purchasing of supplies, and cards are all administered through the Senior Advisory Board’s bank account. Volunteers for the Senior Advisory Board will assist in selling supplies and running bingo games. If there are not enough volunteers available for the game, bingo is canceled for that day. City staff will only be responsible for setting up the room, which is consistent with any rental at the Senior Center. 381
CC 03-05-2024
381 of 386
Consistent with state law, staff are not involved in the operation, running the game, sales or purchasing of any equipment.

Hidden Treasures
The first Hidden Treasures event took place at the Senior Center in 2002. Hidden Treasures is a staff run event with immense support from senior center volunteers. The event accepts donations from the community and in turn sells the donations for reasonable prices. The proceeds are then used to cover the direct costs of the event, including rental expenses, marketing, and materials and supplies. The remaining amount is incorporated into the Stay Active Fund. The Stay Active Fund is a city administered fund that helps members ages 50 and over remain active and engaged at the Cupertino Senior Center. This fund provides financial assistance through scholarships for members to offset the cost of a Senior Center membership and registration for classes and events. This fund is also used to bring in specialized speakers, secure educational films, and purchase resource materials, etc. for events and programs that promote prevention and preparedness of aging issues such as the Health Fair. The Stay Active Fund is a general fund account within the Senior Center budget. The use of funds from the proceeds of the Hidden Treasures event are submitted for Council approval in one of the Quarterly budget updates each year. On February 21, 2024, the City Council accepted the City Manager’s mid-year financial report for fiscal year 2023-24. The key recommendations in that report included “Increase revenues by $12,414 and appropriations by $10,057 to account for Hidden Treasures proceeds.” The October 2023 Hidden Treasures revenue covered $1,168 in rental expenses, $457 in marketing, and $732 in materials and supplies. The remaining revenue is added to the Senior Center’s Stay Active Fund.

Sustainability Impact
No Sustainability Impact.

Fiscal Impact
Bingo – $17,750 for five years of facility fee waivers (approved by City Council July 16, 2019)
Hidden Treasures – Fiscal year 2023-2024 increase revenues by $12,414 and appropriations by $10,057 (approved by City Council February 21, 2024) California Environmental Quality Act
Not Applicable.
382
CC 03-05-2024
382 of 386
Prepared by: Rachelle Sander, Director of Parks and Recreation Reviewed by: Matt Morley, Assistant City Manager
Chris Jensen, City Attorney
Approved for Submission by: Pamela Wu, City Manager
383
CC 03-05-2024
383 of 386

CITY OF CUPERTINO
Agenda Item
23-12696 Agenda Date: 3/5/2024
Agenda #: 11.

Subject: Blackberry Farm Golf Course Fee Increase
Receive update on Blackberry Farm Golf Course Fee Increase CITY OF CUPERTINO Page 1 of 1 Printed on 2/28/2024
powered by Legistar™384
CC 03-05-2024
384 of 386

CITY COUNCIL INFORMATIONAL MEMORANDUM
Meeting: March 5, 2024
To: Cupertino City Council
From: Parks and Recreation Department
Re: Blackberry Farm Golf Course Fee Increase
Background
At the July 18, 2023, City Council meeting, Councilmembers unanimously approved the Fiscal Year 2023-24 Fee schedule relating to annual CPI adjustment and recommended adding the golf course fee increase as a future agenda item. Councilmember Wei made a friendly amendment to approve the FY 2023-24 Fee Schedules as recommended and add the golf course fee increase and nexus study for traffic impact fee as future agenda items. Councilmember Chao accepted Councilmember Wei’s friendly amendment. The motion as amended by Councilmember Wei was carried unanimously.

At the February 6, 2024, City Council meeting, the Council was presented with the cost allocation plan, user fee study, and cost recovery policy item. The staff report for this item reported that Parks and Recreation fees are market-driven and that fees will be administratively updated per Resolutions No. 04-350, authorizing the City Manager to set all recreation fees. Council consensus at the February 6, 2024, Council meeting agreed that Parks and Recreation fees should be based on market rate. To assess market rates for Blackberry Farm Golf Course fees, staff researched similar 9-hole courses in Santa Clara County. Results are shown in the chart below:
385
CC 03-05-2024
385 of 386
In chart: R = Resident, NR = Non-Resident
Based on the results and rates of other similar 9-hole golf course charges, an announcement to increase the Blackberry Farm rates was made on February 26. On April 1, new fees will be as follows:

In chart: R = Resident, NR = Non-Resident
Customers will be notified of the fee increases through signs posted at Blackberry Farm Golf Course, a message on the webpage, e-blast, and social media posts.

Sustainability Impact
No Sustainability Impact.

Fiscal Impact
Based on previous years rounds and rentals the fee increase would bring in approximately $61,000 more revenue per fiscal year.

California Environmental Quality Act
Not Applicable.

Prepared by: Rachelle Sander, Director of Parks and Recreation Reviewed by: Matt Morley, Assistant City Manager
Chris Jensen, City Attorney
Approved for Submission by: Pamela Wu, City Manager
386
CC 03-05-2024
386 of 386

Cupertino City CouncilMarch 5, 2024

Cupertino City Council
March 5, 2024