Tuesday, July 16, 2024
5:00 PM
CITY OF CUPERTINO
Televised Special Meeting (5:00) and Regular City Council Meeting (6:45)
10350 Torre Avenue, Council Chamber and via Teleconference City Council
SHEILA MOHAN, MAYOR
J.R. FRUEN, VICE MAYOR
LIANG CHAO, COUNCILMEMBER
KITTY MOORE, COUNCILMEMBER
HUNG WEI, COUNCILMEMBER
IN PERSON AND TELECONFERENCE MEETING
For more information:
(408) 777-3200 | www.cupertino.gov
AGENDA
CONDUCT OF BUSINESS
The Mayor is the presiding officer of the City Council. Any member of the public may speak on any item on the agenda for up to three minutes. All statements and questions must be addressed to the Mayor.
City Council hearings serve as a venue for the discussion of sometimes divergent points of view. Please re spect the opinions of others and refrain from cheering or clapping. That may delay the meeting or intimidate other persons wishing to express alternate views. Actions that disrupt the meeting will result in a warning, followed by removal if disruption continues.
Oral public comments will be accepted during the meeting. Comments may be made during “oral communications” for matters not on the agenda, and during the public comment period for each agenda item.
Identifying yourself is voluntary and not required to attend the meeting or provide comments.
FLOWCHART FOR HEARING ITEMS:
Mayor introduces
agenda item
Councilmembers report any site
visits or outside communications.
Speakers submit a Request to Speak
card, and are allowed up to 3 minutes
per individual. Council members may
ask questions of speakers.
Mayor invites members of
the public to speak about
the agenda item
For appeals of approvals, the
applicant may respond to
appellants presentation.
The Mayor may request a motion and
a second after the close of the public
hearing. Council then deliberates and
votes.
Mayor closes the public hearing
Councilmembers ask clarifying
questions.
PUBLIC HEARINGS
The City Council is required by law to
hold public hearings on certain matters
prior to making its decision. Notice to
interested parties is given by legal
advertisement in the local newspaper of
general circulation at least 10 calendar
days preceding the hearing date.
Applications requiring public hearings
include change of zoning, variances, use
permits, and tentative maps.
COUNCIL MEETINGS
The City Council regularly meets the first
and third Tuesdays of each month. These
meetings are held at 6:45 p.m. Closed
sessions, when needed, are normally held
at 6:00 p.m. Closed sessions cover items
such as personnel, litigation, or the sale ,
purchase, or lease of property. The law
requires certain actions taken in closed
session to be reported in open session.
Urgent business, holidays, or election
days may trigger special or adjourned
meetings. These meetings will be noticed
beforehand.
AGENDAS, MINUTES, AND PACKETS
AVAILABLE ON THE WEB
Agendas, minutes, and packets for
current and prior City Council and
Planning Commission meetings are
available at www.cupertino.org, or you
can purchase the items on CD.
CITY COUNCIL DECISION IS FINAL
Prior to seeking judicial review of any
adjudicatory (quasi ‐judicial) decision,
interested persons must file a petition for
reconsideration within ten calendar days
of the date the City Clerk mails notice of
the City’s decision. Reconsideration
petitions must comply with the
requirements of Cupertino Municipal
Code §2.08.096. Contact the City Clerk’s
office for more information or go to
www.http://www.cupertino.org/index.as
px?page=125 for a reconsideration
petition form.
Mayor invites
applicant/appellant to
respond to public
comments (2 min)
City Council votes on
the agenda item
Staff reports and makes
recommendation
Applicant or Appellant
makes presentation
(up to 8 min)
Councilmembers ask
questions of staff or
applicant/appellant
Mayor opens the public hearing
City Council Agenda July 16, 2024
IN-PERSON AND TELECONFERENCE / PUBLIC PARTICIPATION INFORMATION Members of the public wishing to observe the meeting may do so in one of the following ways:
1) Attend in person at Cupertino Community Hall, 10350 Torre Avenue. 2) Tune to Comcast Channel 26 and AT&T U-Verse Channel 99 on your TV. 3) The meeting will also be streamed live on and online at www .Cupertino.org/youtube and www.Cupertino.org/webcast
Members of the public wishing to comment on an item on the agenda may do so in the following ways:
1) Appear in person at Cupertino Community Hall.
2) E-mail comments by 4:00 p.m. on Tuesday, July 16 to the Council at [email protected]. These e-mail comments will also be forwarded to Councilmembers by the City Clerk ’s office before the meeting and posted to the City ’s website after the meeting. Members of the public that wish to share a document must email [email protected] prior to the meeting.
Members of the public may provide oral public comments during the Meeting as follows:
Oral public comments will be accepted during the meeting. Comments may be made during “oral communications” for matters not on the agenda, and during the public comment period for each agenda item.
Oral public comments may be made during the public comment period for each agenda item.
Members of the audience who address the City Council must come to the lectern/microphone, and are requested to complete a Speaker Card and identify themselves.
Completion of Speaker Cards and identifying yourself is voluntary and not required to attend the meeting or provide comments.
3) Teleconferencing Instructions
To address the City Council, click on the link below to register in advance and access the meeting:
Online
City Council Agenda July 16, 2024
Register in advance for this webinar:
https://cityofcupertino.zoom.us/webinar/register/WN_ADW2zHlIQneWLrKn_xot_Q Phone
Dial: 669-900-6833 and enter Webinar ID: 960 7537 0091 (Type *9 to raise hand to speak, *6 to unmute yourself). Unregistered participants will be called on by the last four digits of their phone number.
Or an H.323/SIP room system:
H.323:
162.255.37.11 (US West)
162.255.36.11 (US East)
Meeting ID: 960 7537 0091
SIP: [email protected]
After registering, you will receive a confirmation email containing information about joining the webinar.
Please read the following instructions carefully:
1. You can directly download the teleconference software or connect to the meeting in your internet browser. If you are using your browser, make sure you are using a current and up-to-date browser: Chrome 30+, Firefox 27+, Microsoft Edge 12+, Safari 7+. Certain functionality may be disabled in older browsers, including Internet Explorer.
2. You will be asked to enter an email address and a name, followed by an email with instructions on how to connect to the meeting. Your email address will not be disclosed to the public. If you wish to make an oral public comment but do not wish to provide your name, you may enter “Cupertino Resident” or similar designation.
3. When the Mayor calls for the item on which you wish to speak, click on “raise hand,” or, if you are calling in, press * 9. Speakers will be notified shortly before they are called to speak.
4. When called, please limit your remarks to the time allotted and the specific agenda topic.
5. Members of the public that wish to share a document must email cityclerk@cupertino .org prior to the meeting. These documents will be posted to the City ’s website after the meeting.
City Council Agenda July 16, 2024
NOTICE AND CALL FOR A SPECIAL MEETING OF THE CUPERTINO CITY COUNCIL NOTICE IS HEREBY GIVEN that a special meeting of the Cupertino City Council is hereby called for Tuesday, July 16, 2024, commencing at 5:00 p.m. in Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, California 95014 and via teleconference. Said special meeting shall be for the purpose of conducting business on the subject matters listed below under the heading, “Special Meeting."
SPECIAL MEETING
ROLL CALL - 5:00 PM
PUBLIC HEARINGS
1. Subject: Lease agreement with San Jose Water Company for the operation of the Cupertino Municipal Water System
Recommended Action: Adopt Resolution No. 24-071 authorizing the City Manager to execute a lease agreement with San Jose Water Company for the operation of the Cupertino Municipal Water System
Presenter: Jimmy Tan, Assistant Director of Public Works Staff Report
A - Draft Resolution
B - Water Service Area
C - Draft Lease Agreement
ADJOURNMENT
REGULAR MEETING
CALL TO ORDER - 6:45 PM
PLEDGE OF ALLEGIANCE
ROLL CALL
CLOSED SESSION REPORT
CEREMONIAL ITEMS
POSTPONEMENTS AND ORDERS OF THE DAY
ORAL COMMUNICATIONS
This portion of the meeting is reserved for persons wishing to address the Council on any matter within the jurisdiction of the Council and not on the agenda for discussion. The total time for Oral Communications will ordinarily be limited to one hour. Individual speakers are limited to three ( 3)
City Council Agenda July 16, 2024
minutes. As necessary, the Chair may further limit the time allowed to individual speakers, or reschedule remaining comments to the end of the meeting on a first come first heard basis, with priority given to students. In most cases, State law will prohibit the Council from discussing or making any decisions with respect to a matter not listed on the agenda. A councilmember may, however, briefly respond to statements made or questions posed by speakers. A councilmember may also ask a question for clarification, provide a reference for factual information, request staff to report back concerning a matter, or request that an item be added to a future City Council agenda in response to public comment.
CONSENT CALENDAR (Items 1-9)
Items appearing on the Consent Calendar are considered routine City business and may be approved by one motion. Typical items may include meeting minutes, awards of contracts, the ratification of accounts payable, and second readings of ordinances. Any member of the Council may request to have an item removed from the Consent Calendar based on the rules set forth in the City Council Procedures Manual. Members of the public may provide input on one or more consent calendar items when the Mayor asks for public comments on the Consent Calendar.
1. Subject: Receive the FY 2022-23 Annual Comprehensive Financial Report (ACFR) (Continued from July 9, 2024)
Recommended Action : Receive the FY 2022-23 Annual Comprehensive Financial Report (ACFR)
Staff Report
A – FY 2022-23 ACFR
2. Subject: Approve the Amended June 19, 2024 City Council minutes Recommended Action: Approve the Amended June 19, 2024 City Council minutes Staff Report
A - Amended Minutes (redline)
3. Subject: Approve the June 26, 2024 City Council minutes Recommended Action: Approve the June 26, 2024 City Council minutes A - Draft Minutes
4. Subject: Approve the June 27, 2024 City Council minutes Recommended Action: Approve the June 27, 2024 City Council minutes A - Draft Minutes
5. Subject: Approve the July 2, 2024 City Council minutes Recommended Action: Approve the July 2, 2024 City Council minutes A - Draft Minutes
6. Subject: Ratifying Accounts Payable for the periods ending June 7, 2024; June 14, 2024; June 21, 2024; and June 28, 2024
City Council Agenda July 16, 2024
Recommended Action: A. Adopt Resolution No. 24-072 ratifying Accounts Payable for the period ending June 7, 2024;
B. Adopt Resolution No. 24-073 ratifying Accounts Payable for the period ending June 14, 2024;
C. Adopt Resolution No. 24-074 ratifying Accounts Payable for the period ending June 21, 2024; and
D. Adopt Resolution No. 24-075 ratifying Accounts Payable for the period ending June 28, 2024
Staff report
A – Draft Resolution 6.7.24
B – Weekly AP Payment Register for the Period Ending 6.7.24 C – Draft Resolution 6.14.24
D – Weekly AP Payment Register for the Period Ending 6.14.24 E – Draft Resolution 6.21.24
F – Weekly AP Payment Register for the Period Ending 6.21.24 G – Draft Resolution 6.28.24
H – Weekly AP Payment Register for the Period Ending 6.28.24
7. Subject: Second reading of Municipal Code Amendments and Zoning Map Amendments to ensure conformance with the Housing Element and related CEQA exemption. (Application No.: MCA-2023-001, Z-2024-001; Applicant: City of Cupertino; Location: Citywide)
Recommended Action : 1. Conduct the second reading and enact Ordinance No . 24-2261 “An Ordinance of the City Council of the City of Cupertino Amending Various Chapters in Title 14, Title 17 And Title 19, Including But Not limited to the Addition of Three New Chapters in Title 19, to Implement Policies in the General Plan and for Clarity” (Attachment A); and
2. Conduct the second reading and enact Ordinance No. 24-2262 “An Ordinance of the City Council of the City of Cupertino Rezoning Certain Sites in the City for Conformance with General Plan and Housing Element” (Attachment B) to reflect changes to Priority Housing Sites and other minor changes for internal consistency.
Staff Report
A - Draft Ordinance No. 24-2261
B - Draft Ordinance No. 24-2262
8. Subject: Approve a Third Amendment with M-Group for planning services for an additional $22,000 for a total not-to-exceed amount of $221,200 Recommended Action : Authorize the City Manager to execute a Third Amendment with M-Group for $ 22,000 in additional planning services delivered through June 30, 2024, for a total compensation amount of $221,200
City Council Agenda July 16, 2024
Staff Report
A – Draft Third Amendment
B – Original Agreement 2023-015
C – First Amendment
D – Second Amendment
9. Subject: Annual Evaluation Report on the Federal Emergency Management Agency (FEMA) Community Rating System's (CRS) Program for Public Information Recommended Action: Adopt Resolution No. 24-076 accepting the Annual Evaluation Report for Fiscal Year 2024 (Year 3) of the 2021 Santa Clara County Multi-Jurisdictional Program for Public Information
Staff Report
A - Draft Resolution
B - Annual Evaluation Report for FY 24
PUBLIC HEARINGS - None
Effective January 1, 2023, Government Code Section 65103.5 (SB 1214) limits the distribution of copyrighted material associated with the review of development projects. Members of the public wishing to view plans that cannot otherwise be distributed under SB 1214 may make an appointment with the Planning Division to view them at City Hall by sending an email to planning@cupertino .org. Plans will also be made available digitally during the hearing to consider the proposal.
ACTION CALENDAR
10. Subject: Waiver of Below Market Rate Housing Mitigation Fees ( “BMR Fees ”) and Zoning/Planning Municipal Code Fees (“Planning Fees”) imposed on Vallco/Rise SB 35 project (10101-10330 North Wolfe Road)
Recommended Action: Adopt Resolution No. 24-077 waiving BMR and Planning Fees imposed of the Vallco/Rise SB 35 project
Presenter: Christopher Jensen, City Attorney
Staff Report
A – February 2024 Modified Project Approval
B – Settlement Agreement and Release
C – Draft Resolution
ITEMS REMOVED FROM THE CONSENT CALENDAR
CITY MANAGER REPORT
ORAL COMMUNICATIONS - CONTINUED
COUNCILMEMBER REPORTS
11. Subject: Councilmember Reports
City Council Agenda July 16, 2024
A - Councilmember Report, Fruen
B - Councilmember Report, Mohan
C - Councilmember Report, Wei
FUTURE AGENDA ITEMS
ADJOURNMENT
Lobbyist Registration and Reporting Requirements: Individuals who influence or attempt to influence legislative or administrative action may be required by the City of Cupertino ’s lobbying ordinance (Cupertino Municipal Code Chapter 2.100) to register and report lobbying activity. Persons whose communications regarding any legislative or administrative are solely limited to appearing at or submitting testimony for any public meeting held by the City are not required to register as lobbyists .
For more information about the lobbying ordinance, please contact the City Clerk ’s Office at 10300 Torre Avenue, Cupertino, CA 95014; telephone ( 408) 777-3223; email cityclerk@cupertino .org; and website: www.cupertino.org/lobbyist.
The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6; litigation challenging a final decision of the City Council must be brought within 90 days after a decision is announced unless a shorter time is required by State or Federal law.
Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City’s decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk ’s office for more information or go to http://www.cupertino.org/cityclerk for a reconsideration petition form.
In compliance with the Americans with Disabilities Act ( ADA), anyone who is planning to attend this meeting who is visually or hearing impaired or has any disability that needs special assistance should call the City Clerk's Office at 408-777-3223, at least 48 hours in advance of the meeting to arrange for assistance. In addition, upon request, in advance, by a person with a disability, meeting agendas and writings distributed for the meeting that are public records will be made available in the appropriate alternative format.
Any writings or documents provided to a majority of the Cupertino City Council after publication of the packet will be made available for public inspection in the City Clerk ’s Office located at City Hall, 10300 Torre Avenue, Cupertino, California 95014, during normal business hours; and in Council packet archives linked from the agenda/minutes page on the Cupertino web site.
IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipal Code section
2.08.100 written communications sent to the Cupertino City Council, Commissioners or City staff concerning a matter on the agenda are included as supplemental material to the agendized item. These
City Council Agenda July 16, 2024
written communications are accessible to the public through the City ’s website and kept in packet archives. Do not include any personal or private information in written communications to the City that you do not wish to make public, as written communications are considered public records and will be made publicly available on the City website.
THE CITY COUNCIL AND STAFF
CITY COUNCIL
Cupertino is a General Law city organized under and subject to statutes of the State of California. It is governed by the five‐member City Council with the Mayor as the presiding officer. CityCouncil members are elected at‐large to four‐year, overlapping terms. Each November a mayor and a vice‐mayor are selected by the City Council for a one‐ yearterm.
The City Council receives advice and assistance from eleven advisory bodies, which are appointed by the Council.
These are the Audit Committee, Bicycle Pedestrian Commission, Fine Arts Commission, Housing Commission, Library Commission, Parks and Recreation Commission, Planning Commissi on, Public Safety Commission, SustainabilityCommission,TeenCommission,and Technology,Informati on,and CommunicationsCommission.
Councilmembersalsoserveonavarietyof regionalbodies,including:
∙ AssociationofBay AreaGovernments
∙ LeagueofCaliforniaCities
∙ SantaClaraCounty(SCC)CitiesAssociation
∙ SCCEmergencyPreparednessCouncil
∙ SCCLibraryDistrict
∙ SCCEmergencyPreparednessCommission
∙ SantaClaraValleyWaterCommissionandWater District
∙ SCCTransportation Authoritym
∙ WestValleyMayors andManagers
STAFF
The City Manager and the City Attorney are appointed by the Council. The City Manager is responsible for interpreting andcarrying outCouncil policies anddirection,andas the chief administrative officer,the CityManager coordinates the many activitiesof the city andappoints the professionalandtechnicalstaff. The CityAttorney is the advisortotheCityCouncilas awhole.
TYPES OF COUNCIL ACTIONS
ORDINANCES
Ordinances are the means by which the City enacts its local laws. Unless an urgent situation exists, ordinances will first be presentedat aCouncilmeeting as a“firstreading."Ata subsequentCouncilmeeting, there will be a“second reading and adoption." Ordinances go into effect after a waiting period ofthirty days, in most cases, during which time thesummaryof theordinance ispublishedinalocalnewspaperapprove dforthispurpose.
RESOLUTIONS
Resolutions andminute ordersare the means bywhich the CityCouncil formally adopts policies or approves specific actions. Thesegointoeffectwhenadopted .
APPEALS
Any interested person, including a Council member, may appeal a Planning Commission or Director of Community Development decision to the City Council. An appeal must be submitted in writing to the City Clerk within 14 calendardays ofthemailing ofthe noticeof thedecision.
RECONSIDERATION
Prior to seeking judicial review of any adjudicatory (quasi‐judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mai ls notice of the City’s decision.
Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk’s office for more information or go to www.http://www.cuperti no.org/index.aspx?page=125 for a reconsiderationpetitionform.
COMMUNICATING WITH COUNCIL
(408) 777‐1326
(408) 777‐1316
(408) 777‐3192
(408) 777‐1389
(408)777‐1389
(408) 777‐3139
All Council members:
Sheila Mohan
J.R. Fruen
Liang Chao
Kitty Moore
Hung Wei
Executive Assistant
City Hall
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
www.cupertino.gov (408) 777‐CITY
Please note: the City Council discouragessubmission of written materials on the day of the meeting as this does not provide enough time to give the materials fair evaluation. If you must provide written materials on the day of the meeting, as least one copy must be given to the City Clerk for the permanent record, and ten copies are preferred.
NEWS AND NOTICES FROM CITY HALL
EMAIL
Sign up for e‐notification of agendas, elections, and other newson the city website at www.cupertino.org/notify
TELEVISION
The City Channel broadcasts CityCouncil and Planning Commission meetings , as well as agenda previews, public service announcements, and other programs of community interest, on Channel 26 in Cupertino. The meetings are shown at these times:
Tuesday (live) 6:45 p.m. Friday (replay) 10:00 a.m.
Thursday (replay) 7:00 p.m. Saturday (replay) 9:00 a. m.
INTERNET
CityCouncil and Planning Commission videos are available on demand at www.cupertino.org. Select "I Want To, View City Council meetings".
News and community information can also be found at:
https://www.facebook.com/cityofcupertino/
https://twitter.com/CityofCupertino
https://www.instagram.com/cityofcupertino
AUDIO
Tuneinto Radio Cupertino, 1670 AM, for meeting announcements, public service messages,and emergency announcements.
USEFUL TELEPHONE NUMBERS
City of Cupertino (City Hall) General Information andComments (40 8) 777‐CITY Fire (Emergency) Santa Clara County Fire Dept. dispatch 911 Fire (Non‐Emergency) Santa Clara County Fire Dept. (408)378‐4010 Garbage Recology South Bay (408) 725‐4020
Gas & Electricity Pacific Gas & Electric (PG&E) 1‐800‐743‐5000 Recreation & Community Quinlan Community Center (408) 777‐3120 Services
Police (Emergency) Santa Clara County Sheriff dispatch 911 Police (Non‐Emergency) Santa Clara County Sheriff (408) 868‐6600 Public Health Santa Clara County Public Health (408) 732‐3720 Sanitary Sewers Cupertino Sanitary District (408) 253‐7071 Water San Jose Water (408) 279‐7900
California Water (650) 917‐0152