Tuesday, October 1, 2024
6:45 PM
CITY OF CUPERTINO
Amended Televised Regular 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 October 1, 2024
Agenda amended on September 26, 2024 at 2:05 p.m. to update the Subject, Recommended Action and Staff Report for Agenda Item No. 12.
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, October 1 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.
Emailed comments that are related to an agenda item and received following the agenda publication, prior to or during the meeting, will be posted to the City’s website.
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
City Council Agenda October 1, 2024
To address the City Council, click on the link below to register in advance and access the meeting:
Online
Register in advance for this webinar:
https://cityofcupertino.zoom.us/webinar/register/WN_p6Z1SROIRjeWC4EjWVMqRg Phone
Dial: 669-900-6833 and enter Webinar ID: 994 7719 4989 (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: 994 7719 4989
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.
City Council Agenda October 1, 2024
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.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
CLOSED SESSION REPORT
CEREMONIAL ITEMS
1. Subject: Recognition of 2nd week of October as Code Enforcement Officer Appreciation Week
Recommended Action: Recognize 2nd week of October as Code Enforcement Officer Appreciation Week
PRESENTATIONS
2. Subject: Annual Report of the Parks and Recreation Commission Recommended Action: Receive report of annual activities of the Parks and Recreation Commission
3. Subject: Annual Report of the Teen Commission
Recommended Action: Receive report of annual activities of the Teen Commission
4. Subject: Annual Report of the Public Safety Commission Recommended Action : Receive report of annual activities of the Public Safety Commission
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) 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
City Council Agenda October 1, 2024
matter, or request that an item be added to a future City Council agenda in response to public comment.
CONSENT CALENDAR (Items 5-10)
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.
5. Subject: Second reading of Ordinance No. 24-2263 “An Ordinance of the City Council of the City of Cupertino amending Table 11.24.150 of the Cupertino Municipal Code Relating to Prohibition of Parking along certain streets,” prohibiting parking along the west side of Vista Dive between Forest Avenue and Merritt Drive. (Continued from September 17, 2024)
Recommended Action: Conduct the second reading and enact Ordinance 24-2263, “AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING TABLE 11.24.150 OF THE CUPERTINO MUNICIPAL CODE RELATING TO PROHIBITION OF PARKING ALONG CERTAIN STREETS.”
[Note: First Reading Agenda Item: Implementation of an on-street two-way Class IV bike lane on Vista Drive and Forest Avenue (Alternative 3) along the Lawson Middle School frontage and prohibition of parking along the west side of Vista Dive between Forest Avenue and Merritt Drive for the accommodation of Class IV bicycle lanes and adoption of an Ordinance Municipal Code Table 11.24.150, relating to prohibition of parking along certain streets.]
Staff Report
A - Draft Ordinance
B - July 9, 2024 City Council Staff Report
6. Subject: Approve the September 17, 2024 City Council minutes Recommended Action: Approve the September 17, 2024 City Council minutes A - Draft Minutes
7. Subject: Second reading of Ordinance No. 24-2264, designating a Residential Permit Parking (RPP) Zone on the north side of Lauretta Drive between Ann Arbor Avenue to 200 feet east of Ann Arbor Avenue, the south side of Lauretta Drive between Ann Arbor Avenue and a point 150 feet east of Ann Arbor Avenue, and on Ann Arbor Avenue between Lauretta Drive and Hazelbrook Drive, daily between 7 a.m. and 10 p.m.
City Council Agenda October 1, 2024
Recommended Action: Conduct the second reading and enact Ordinance No. 24-2264, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING CITY CODE SECTION 11.27.145, DESIGNATION OF PREFERENTIAL
PARKING ZONES, TO ADD LAURETTA DRIVE BETWEEN ANN ARBOR AVENUE AND A POINT 200 FEET EAST OF ANN ARBOR AVENUE, (NORTH SIDE) , LAURETTA AVENUE BETWEEN ANN ARBOR AVENUE AND A POINT 150 FEET
EAST OF ANN ARBOR AVENUE (SOUTH SIDE)AND ANN ARBOR AVE BETWEEN LAURETTA DRIVE AND HAZELBROOK DRIVE (DAILY, 7:00 A.M. TO 10:00 P.M.)" Staff Report
A - Draft Ordinance
B - Permit Parking Map
C - September 17, 2024 City Council Staff Report
8. Subject: Adoption of local amendments to the California Energy Code and repeal of Municipal Code Chapter 16.32 (Local Sustainability Requirements for Newly Adopted Buildings)
Recommended Action: Conduct the second reading and enact Ordinance No. 24-2265, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO REPEALING MUNICIPAL CODE CHAPTER 16.32: LOCAL SUSTAINABILITY
REQUIREMENTS FOR NEWLY CONSTRUCTED BUILDINGS, AND ADOPTING LOCAL AMENDMENTS TO CALIFORNIA ENERGY CODE”
Staff Report
A - Draft Ordinance
9. Subject: Approve a design-build project delivery method for the Photovoltaic Systems Design and Installation Capital Improvement Program Project.
Recommended Action : 1. Authorize the City Manager to undertake a design-build project delivery method for the Photovoltaic Systems Design and Installation Capital Improvement Program Project; and
2. Adopt Resolution No. 24-092 approving the procurement of a design-build contract for the Photovoltaic Systems Design and Installation Capital Improvement Program Project.
Staff Report
A - Draft Resolution
B - Public Contract Code Extracts
C- FY 24-25 CIP Project Narratives Excerpt
10. Subject: Adoption of the 2023 Santa Clara County Multijurisdictional Hazard Mitigation Plan Volume 1 Base Plan and Volume 2 City of Cupertino Annex Recommended Action : Adopt Resolution No. 24-093 adopting the 2023 Santa Clara County Multijurisdictional Hazard Mitigation Plan Volume 1 Base Plan and Volume 2 City of Cupertino Annex
City Council Agenda October 1, 2024
Staff Report
A - Draft Resolution
B - Santa Clara County Multijurisdictional Hazard Mitigation Plan - Volume 1 Base Plan C - Draft Santa Clara County Multijurisdictional Hazard Mitigation Plan - Volume 2 City of Cupertino Annex
PUBLIC HEARINGS
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.
11. Subject: Proposed amendments to Municipal Code Chapters 19.04 (General Provisions),
19.08 (Definitions), and 19.60 (General Commercial (CG) Zones) and Associated Environmental Review. (Application No. MCA- 2024-002; Applicant: City of Cupertino; Location: City-wide)
Recommended Action
That the City Council conduct the public hearing and conduct the first reading of Ordinance No. 24-2266 (Attachments A &B) adopt an ordinance to:
1. Find that the proposed actions are exempt from the California Environmental Quality Act (CEQA) and CEQA Guidelines; and
2. Amend the following:
a. Chapter 19.04, General Provisions, and
b. Chapter 19.08, Definitions, and
c. Chapter 19.60, General Commercial (CG) Zones.
Staff Report
A - Draft Ordinance No. 24-2266 (clean)
B - Draft Ordinance No. 24-2266 (redline)
C - Planning Commission Resolution No. 2024-13
D - Public Comment
ACTION CALENDAR
12. Subject: City-Owned Automated License Plate Reader (ALPR) Program and award of a contract for the lease of ALPR cameras to Flock Safety for an amount not to exceed $300,000
City Council Agenda October 1, 2024
Recommended Action : 1. Adopt Resolution No. 24-094 establishing the City of Cupertino ALPR Policy
2. Authorize the City Manager to negotiate and execute a memorandum of understanding (MOU) between the County of Santa Clara and the City of Cupertino regarding the use of ALPRs,
3. Authorize the City Manager to negotiate and approve an agreement with Flock Safety to lease ALPR cameras not to exceed $185,000 for three years, with the option for two additional years and a maximum total compensation of $ 300,000 (approximately $60,000 annually)
Staff Report
A - Draft Resolution
B - Memorandum_of_Understanding_on_Use_of_ALPR_System
C – Flock Safety Quote for Services
D - Proposed Camera Locations
ITEMS REMOVED FROM THE CONSENT CALENDAR
CITY MANAGER REPORT
ORAL COMMUNICATIONS - CONTINUED
COUNCILMEMBER REPORTS
13. Subject: Councilmember Reports
A - Councilmember Report, Chao
B - Councilmember Report, Fruen
C - Councilmember Report, Mohan
D - Councilmember Report, Moore
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.
City Council Agenda October 1, 2024
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 City web site.
IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipal Code section
2.08.100 written communications sent to the City Council, Commissioners or staff concerning a matter on the agenda are included as supplemental material to the agendized item. These written communications are accessible to the public through the City 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