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CC 03-04-2025 AgendaTuesday, March 4, 2025 6:45 PM CITY OF CUPERTINO Televised Regular Meeting (6:45) 10350 Torre Avenue, Council Chamber and via Teleconference City Council LIANG CHAO, MAYOR KITTY MOORE, VICE MAYOR J.R. FRUEN, COUNCILMEMBER SHEILA MOHAN, COUNCILMEMBER R "RAY" WANG, 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 respect 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 March 4, 2025 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, March 4 to the Council at citycouncil@cupertino.org. 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 cityclerk@cupertino.org 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 To address the City Council, click on the link below to register in advance and access the Page 2 City Council Agenda March 4, 2025 meeting: Online Register in advance for this webinar: https://cityofcupertino.zoom.us/webinar/register/WN_0Io3Fcs1QraQi0hS-Kc5Tg Phone Dial: 669-900-6833 and enter Webinar ID: 912 7483 4890 (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. Join from an H.323/SIP room system: H.323: 144.195.19.161 (US West) Meeting ID: 912 7483 4890 SIP: 91274834890@zoomcrc.com 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. Page 3 City Council Agenda March 4, 2025 CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL CLOSED SESSION REPORT CEREMONIAL ITEMS 1.Subject: Recognition of March as Youth Art Month Recommended Action: Present proclamation recognizing March as Youth Art Month A - Proclamation 2.Subject: Recognition of March as American Red Cross Month Recommended Action: Present proclamation recognizing March as American Red Cross Month A - Proclamation 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 matter, or request that an item be added to a future City Council agenda in response to public comment . CONSENT CALENDAR (Items 3-6) 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. 3.Subject: Approval of February 12, 2025 City Council minutes Page 4 City Council Agenda March 4, 2025 Recommended Action: Approve the February 12, 2025 City Council minutes A - Draft Minutes 4.Subject: Approval of February 19, 2025 City Council minutes Recommended Action: Approve the February 19, 2025 City Council minutes A - Draft Minutes 5.Subject: Setting a hearing date of June 17, 2025 to declare brush with potential fire hazard a public nuisance and for objections to proposed removal through the Cupertino Brush Abatement Program (Wildland-Urban Interface Fire Area); and adopting a resolution declaring properties as having potential fire hazards from brush and authorizing removal Recommended Action: Adopt Resolution No 25-017 declaring properties as having potential fire hazards from brush; and set a hearing date of June 17, 2025 to declare brush with potential fire hazard a public nuisance and to hear objections to proposed removal Staff Report A - Draft Resolution B – Property owner 30’ WUI Letter C - Property owner 100’ WUI Letter D – Notice of Violation 6.Subject: Second reading for Zoning Map Amendment to correct zoning for Priority Housing Site No. 24 in the 6th Cycle Housing Element (Application No.(s): Z-2024-001, EA-2024-001; Applicant: City of Cupertino; APN: 359 13 019; Location: 20865 McClellan Road) Recommended Action: Conduct the second reading and enact Ordinance No. 25-2268: “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO CORRECTING THE ZONING OF A PRIORITY HOUSING ELEMENT SITE LOCATED AT 20865 MCCLELLAN ROAD FROM R-3 TO R-3/TH TO ENSURE CONSISTENCY WITH THE GENERAL PLAN AND HOUSING ELEMENT ” Staff Report A - Draft Ordinance 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 Page 5 City Council Agenda March 4, 2025 7.Subject: Baker Tilly Budget Format Review and Performance Measures Updates Recommended Action: Approve recommendations outlined in the recent the Budget Format Review and Performance Measures Updates report as prepared by Baker Tilly Staff Report A - Budget Document Improvements and Performance Measures Final Report B - Draft Implementation Action Plan 8.Subject: Accept the City Manager’s Mid-Year Financial Report for Fiscal Year 2024-25; Budget Modification No. 2425-383, increasing appropriations by $4,161,892 and revenues by $4,115,183. Recommended Action: 1.Accept the City Manager’s Mid-Year Financial Report for Fiscal Year 2024-25 2.Adopt Resolution No. 25-018 approving Budget Modification No. 2425-383 , increasing appropriations by $4,161,892 and revenues by $4,115,183. Staff Report A - FY 2024-25 Mid-Year Financial Report B - Draft Resolution C - Description of Budget Transfers as of December 31, 2024 D - FY 2024-25 Mid-Year Recommended Adjustments E – Mid-Year Performance Measures & Workload Indicators F – FY 2024-25 Mid-Year Special Projects Update as of December 31, 2024 G - Competitive and Non-Competitive Citywide Grants Tracking H - Capital Improvement Program Project Status 9.Subject: Amendments to the Cupertino City Council Procedures Manual (Continued from February 19, 2025 City Council Meeting) Recommended Action: Adopt Resolution No. 25-016 amending the Cupertino City Council Procedures Manual Supplemental Staff Report Staff Report from February 19, 2025 A – Redline of Cupertino City Council Procedures Manual B – Proposed Resolution STUDY SESSION 10.Subject: Study Session on updates to the Policies and Guidelines on Sister Cities, Friendship Cities, and International Delegations pertaining to international travel Recommended Action: Study Session to consider, discuss and provide direction on revisions to the Policies and Guidelines on Sister Cities, Friendship Cities, and International Delegations pertaining to 1) international travel, including the addition of appropriate prior approvals for travel expenses and staff time away from usual duties at the City, and other related matters, and 2) staff time focused on supporting delegation visits to the City from Sister Cities and Friendship Cities Page 6 City Council Agenda March 4, 2025 Staff Report A – 2023 Policies and Guidelines on Sister Cities, Friendship Cities, and International Delegations ITEMS REMOVED FROM THE CONSENT CALENDAR CITY MANAGER REPORT ORAL COMMUNICATIONS - CONTINUED COUNCILMEMBER REPORTS 11.Subject: Councilmember Reports A - Councilmember Report, Fruen B - Councilmember Report, Mohan C - 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. 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 Page 7 City Council Agenda March 4, 2025 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. Page 8 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. City Council 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‐ year term. 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 Commission, Public Safety Commission, Sustainability Commission, Teen Commission, and Technology, Information, and Communications Commission. Council members also serve on a variety of regional bodies, including: ∙ Association of Bay Area Governments ∙ League of California Cities ∙ Santa Clara County (SCC)Cities Association ∙ SCC Emergency Preparedness Council ∙ SCC Library District ∙ SCC Emergency Preparedness Commission ∙ Santa Clara Valley Water Commission and Water District ∙ SCC Transportation Authoritym ∙ West Valley Mayors and Managers STAFF The City Manager and the City Attorney are appointed by the Council. The City Manager is responsible for interpreting and carrying out Council policies and direction, and as the chief administrative officer, the City Manager coordinates the many activities of the city and appoints the professional and technical staff. The City Attorney is the advisor to the City Council as a whole. 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 presented at a Council meeting as a “first reading." At a subsequent Council meeting, there will be a “second reading and adoption." Ordinances go into effect after a waiting period of thirty days, in most cases, during which time the summary of the ordinance is published in a local newspaper approved for this purpose. RESOLUTIONS Resolutions and minute orders are the means by which the City Council formally adopts policies or approves specific actions. These go into effect when adopted. 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 calendar days of the mailing of the notice of the decision. 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 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.aspx?page=125 for a reconsideration petition form.   COMMUNICATING WITH COUNCIL (408)777‐3192 (408)777‐1389 (408)777‐1316 (408)777-1326 (408)777‐3138 (408)777‐3139 All Council members: Liang Chao Kitty Moore J.R. Fruen Sheila Mohan R "Ray" Wang Executive Assistant City Hall citycouncil@cupertino.gov LiangChao@cupertino.gov KMoore@cupertino.gov JRFruen@cupertino.gov SMohan@cupertino.gov RWang@cupertino.gov Debran@cupertino.gov www.cupertino.gov (408) 777‐CITY Please note: the City Council discourages submission 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 news on the city website at www.cupertino.org/notify TELEVISION The City Channel  broadcasts City Council 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 City Council 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 Tune into  Radio Cupertino, 1670 AM, for  meeting announcements, public service messages,and emergency  announcements. USEFUL TELEPHONE NUMBERS City of Cupertino  (City Hall) General Information  and Comments (408) 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