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Cupertino City Council
October 1, 2024

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October 1, 2024
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CC 10-01-2024
Presentations
City Council
Parks and Recreation
Commission
October 1, 2024
CC 1 0-01-202 4 Item No. 2
Who Are We
Jennifer Shearin, Chair Hemant Buch, Vice Chair
Carol Stanek Seema Swamy Claudio Bono
What We Do
As per Section 2.86.080 of the City’s Municipal Code, the powers and functions of the Parks and Recreation Commission shall be as follows:

A. To hold hearings on matters pertaining to planning and development of parks, cultural activities, historical resources, recreation, community services (including but not limited to schools and senior services), and capital expenditures related to community activities and facilities; B. To conduct such other hearings as are necessary and in accordance with its own rules and regulations;
C. To report its decisions and recommendations in writing to the City Council.; D. To consider, formulate and propose programs, activities, resources, plans and development designed to provide for, regulate and direct the future growth and development of community activities, parks and a recreation system in order to secure the City and its inhabitants better service;
E. To make investigations and reports for future acquisition of park sites; F. To make, in its advisory capacity, any and all recommendations to the City Council relating to the above matters, including the extension of the parks, recreation system and community activities to outlying areas of the City;
G. In cooperation with the Director of Recreation and Community Services, the Commission will consider, review, and evaluate parks, recreation programs, and community activities; H. To consider, formulate, and propose cultural activities and historical preservation for the City and its residents.

What We’ve Done
• March 2024 - Parks & Recreation System Master Plan initial study/mitigated declaration and Memorial Park Specific Plan design
• April 2024 - Community Funding Grant Program for FY 24-25 • June 2024 - Lawrence-Mitty Park and Trail Project Final Conceptual Design Initial Study/Mitigated Negative Declaration • August 2024 - Cupertino Historical Society Annual Report • Ongoing - Review department programs
What We Plan on Doing
• Community Funding Grant Applications and Program Evaluation Process.
• Community Funding Grant Application Program for FY 25-26 • Capital Improvement projects
• Cupertino Historical Society Annual Report
• Review department programs
Thank you!
Teen Commission
City of Cupertino
October 1, 2024
CC 10-01 -2024 Item No. 3
Who Are We

What We Do
The Commission consists of nine members with the intention to include at least one person from each public middle school and public high school in Cupertino, if possible. Membership on the Commission is limited to Cupertino residents. Members may attend schools outside of the City limits, or be schooled at home.

Commissioners must be in grades 8 through 11. Commissioners should reflect the broadest possible representation of Cupertino youth.

Teen Commissioners serve two-year staggered terms.

Municipal Code 2.95.080
Powers and Functions
A. Advise the City Council and staff on issues and projects important to youth.

B. Perform such other tasks as may be expressly requested of it by the City Council.

What We’ve Done
• Participated in events and programs as
speakers, moderators, judges, and Masters of
Ceremony.
• Received presentations and gave feedback
on City teen programs.
• Participated in the first annual Teen Resource
Fair on Main Street where we met with teens
and spoke about what we do.

What We Plan On Doing
• Continue our roles as moderators, judges,
speakers.
• Receive presentations from Youth Led
Organizations in the community and help to
promote resources available to the
community.
• Continue to give feedback on teen programs
in the City of Cupertino.

Thank you!
Public Safety Commission
City of Cupertino
October 1, 2024
Who are we
Bobby Toda, Chair
Sidharth Rajaram,
Vice Chair
Nirmalendu Das Neal Evans
Municipal Code 2.60.070 Duties–Responsibilities
The duties and responsibilities of the Public Safety Commission shall be to:

A. Act in an advisory capacity to the City Council in all matters pertaining to safety, traffic, police, fire and other areas wherein the matter of public safety may be of concern;
B. Hold hearings and formulate policies and procedures with respect to the foregoing for approval by the City Council;
C. Perform such other tasks as may be expressly requested of it by the City Council.

What we do
What we have done
Advisory for the annual Public Safety Forum
Review data reports from the Fire Department and Sheriff’s Office Advise the emergency management program on new initiatives • REACH Program with Block Leaders and Citizen Corps
• Build a Kit Events for Volunteers
Reviewed and recommended to Council major planning initiatives:
• Automated License Plate Readers Draft Policy
• Multijurisdictional Hazard Mitigation Plan
What we plan to do
Continue advisory to the development of the annual Public Safety Forum Advisory for emergency plans and exercises
Emergency Operations Plan update Annual Emergency Exercises Advise and improve review of public safety performance data Sheriff’s Office Fire Department
Thank you!
City Council
October 1, 2024
PROPOSED AMENDMENTS TO MUNICIPAL CODE CHAPTERS 19.04
(GENERAL PROVISIONS), 19.08 (DEFINITIONS), AND 19.60 (GENERAL

COMMERCIAL (CG) ZONES) AND ASSOCIATED ENVIRONMENTAL
REVIEW
MCA-2024-002
Background
General Plan Community Vision 2040 lists a guiding principle to support vibrant and mixed-use businesses to ensure that the City’s major mixed-use corridors and commercial nodes are vibrant, successful, and attractive.

LU-9.1.4: Regulations. Periodically review and update land use and zoning requirements for retail, commercial and office development in order to attract high-quality sales-tax producing businesses and services, while adapting to the fast changing retail, commercial and office environment.

Planning Commission
Recommendation
● Planning Commission convened on September 10, 2024.
● Recommended (3-2) that City Council adopt the
proposed amendments to the Municipal Code with the
following modifications:
● Replicate City of Palo Alto’s definition of Farmer’s
Market.
● Outdoor seating is permitted without a 20% cap so
long as parking requirements are met.
● “Convenience Market” use class shall continue to
require a Conditional Use Permit.
● Entertainment facilities (e.g., dancing, live music) in full-service or fast-food/self-service restaurants shall be a permitted use.

Analysis
● Chapter 19.04, General Provisions
● Added Section 19.04.100 Exclusionary Zoning to clarify that if uses are not listed in any land use table as permitted or conditional, they are deemed prohibited.
● Chapter 19.08, Definitions
● Bar Facility – Clarifying that a bar facility is a facility in a restaurant. ● Farmers Market – Added definition and use class.
● Food Store – Added definition as a new general category; includes “Grocery Store”, “Convenience Market”, & “Specialty food stores.” ● Pet Day Care – Added definition which clarifies the existing “Pet shop” use.
● Restaurant – Expanded the existing definition to add “Self-Service” to the existing “Restaurant, Fast-Food” use.
● Specialized School – Added definition for an existing use.

Analysis –Chapter 19.60: General
Commercial (CG) Zones
● Table 19.60.030: Permitted, Conditional and Excluded Uses in General Commercial Zoning Districts
● Eliminated “Specialty Food Stores”, and “Fast-food” as separate uses now permitted without a Use Permit.
● Adding Farmers Markets as a use.
● Changing the approval authority for the following uses from a “Use Permit – Planning Commission” to “Use Permit – Admin Hearing”
● Eating establishments with separate bar facilities.
● Late evening activities.
● Pet shops located in structures that are not sound-proof. ● Moved ‘outdoor display’ and ‘outdoor seating’ standards from CMC 19.60.50 Land Use Activity to CMC Table 19.60.030.

Analysis –Chapter 19.60: General
Commercial (CG) Zones
● Table 19.60.060: Development Standards
● Added language that referenced standards
to General Plan, Specific Plan, or any other
underlying land use document where the
commercial establishment is located.
● Referenced Standards to Landscape
Ordinance, Municipal Code Chapter 14.
● Added standards for Odor Abatement
systems in eating establishments.

Recommended Action
That the City Council conduct the public hearing and conduct the first reading of Ordinance No. 24-_____ 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.

Next Steps
If Council approves the introduction of the ordinance,
a second reading would be scheduled for the next
regular meeting of the City Council.

October 1, 2024
City-Owned Automated License
Plate Reader (ALPR) Program
Tom Chin
Emergency Manager
Agenda
• Recommended Action
• Background and ALPR Technology
• Policy Development and Community Input
• Key Documents
• Proposed Locations
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 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).

Background: ALPR Technology
• ALPR Technology Overview (What it is, What it is Not) • Law Enforcement Applications
• Active Investigations

Policy Development and Community Input
Policy Development
•Conducted an in-depth examination of state legislation, privacy issues, and regulatory standards for ALPRs
City's Policy Enactment Delayed
•County of Santa Clara and Sheriff's Office adjusted ALPR Surveillance policy •Permitted data exchanges across policing agencies
•Due to review of data exchange amendments
Staff Assessment of Policies and MOUs
•Reviewed policies from Palo Alto, Los Altos Hills, Saratoga, and Los Gatos •Gathered perspectives from county officials, the City Attorney's Office, the City Manager's Office, Innovation and Technology, and Cupertino residents
Community Input
•Presented preliminary program to TICC and PSC in 2023
•Returned to PSC in 2024 for final recommendation
Key Documents
• Proposed City ALPR Policy:
• Explicitly allows the system to obtain data from privately owned or leased ALPR cameras.
• Note – even privately owned camera data cannot be accessed by the owner. • Draft MOU W/ SCC Sheriff:
• Incorporates the City and the County's ALPR Surveillance Use Policy • Sets standards and procedures for the lawful and ethical use of the ALPR system and data.
• Requires updates to reflect the current best practices and legal requirements. • Agreement W/Flock Safety:
• Recommendation
• Nearby Cities Deployment
• Proposed Camera Locations
Proposed Locations for ALPR Cameras

1. Foothill Boulevard at Starling Drive

2. North Sterling Road at Homestead Road

3. Stern Avenue at Stevens Creek Boulevard

4. Bollinger Road at Lawrence Expressway

5. Prospect Road at De Anza Boulevard

6. Stevens Creek Boulevard at Peninsula Avenue

7. Bubb Road at Stevens Creek Boulevard

8. Wolfe Road at Vallco Parkway

9. Wolfe Road at PruneridgeAvenue

10. Stevens Creek Boulevard at Campus
Drive

11. Wolfe Road at Perimeter Road

12. Stevens Creek Boulevard at City Limit

13. De Anza Boulevard at Eastbound I-280
Off Ramp

14. De Anza Boulevard at Infinite Loop

15. De Anza Boulevard at Rainbow Drive
Recommended Action

1. Adopt Resolution No. 24- _____ establishing the City of Cupertino ALPR Policy

2. Authorize the City Manager to negotiate and execute a memorandum of understanding 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).

Questions

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