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04-06-21 Agenda1 TELECONFERENCE MEETING WITHOUT A PHYSICAL LOCATION For more information: (408) 777-3200 │ www.cupertino.org Tuesday, April 6, 2021 Regular Meeting Non-Televised Closed Session (6:15) and Televised Open Session (6:45) AMENDED AGENDA OF THE CUPERTINO CITY COUNCIL CITY COUNCIL DARCY PAUL, MAYOR LIANG CHAO, VICE MAYOR KITTY MOORE, COUNCILMEMBER HUNG WEI, COUNCILMEMBER JON ROBERT WILLEY, COUNCILMEMBER 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 teleconference 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. Staff reports and makes recommendation Applicant or Appellant makes presentation (up to 10 mins.) 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 Councilmembers ask questions. For appeals of approvals, the applicant may respond to appellants presentation. City Council votes on the agenda item Council holds initial discussions and/or a Councilmember makes a motion and obtains a second. The City Council then discusses and deliberates on the motion(s) and votes. Mayor closes the 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 repond to public CITY OF CUPERTINO CITY COUNCIL AGENDA This will be a teleconference meeting without a physical location . Tuesday, April 6, 2021 6:15 PM Regular Meeting Non-Televised Closed Session (6:15) and Televised Open Session (6:45) TELECONFERENCE / PUBLIC PARTICIPATION INFORMATION TO HELP STOP THE SPREAD OF COVID-19 In accordance with Governor Newsom’s Executive Order No-29-20, this will be a teleconference meeting without a physical location to help stop the spread of COVID-19. Members of the public wishing to observe the open session meeting may do so in one of the following ways: 1) Tune to Comcast Channel 26 and AT&T U-Verse Channel 99 on your TV. 2) 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 comment on an item on the agenda may do so in the following ways: 1) E-mail comments for closed or open session by 4:30 p.m. on Tuesday, April 6 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. 2) E-mail comments for closed or open session during the times for public comment during the meeting to the City Clerk at cityclerk@cupertino.org. The City Clerk will read the emails into the record, and display any attachments on the screen, for up to 3 minutes (subject to the Mayor’s discretion to shorten time for public comments). Members of the public that wish to share a document must email cityclerk@cupertino .org prior to speaking. 3) Teleconferencing Instructions Members of the public may provide oral public comments during the teleconference meeting as follows: Page 1 City Council Agenda April 6, 2021 Oral public comments will be accepted during the teleconference meeting. Comments may be made during “oral communications” for matters not on the agenda, and during the public comment period for each agenda item . To address the City Council, click on the links below to access the closed and open session meetings: CLOSED SESSION Members of the public may provide oral public comments in open session prior to the closed session teleconference meeting as follows: To address the City Council, click on the link below to register in advance and access the meeting: Online Join Meeting: https://cityofcupertino.zoom.us/j/94718744854 Phone Dial: 669-900-6833 and enter Meeting ID: 947 1874 4854 (Type *9 to raise hand to speak). OPEN SESSION Members of the public may provide oral public comments during the open session teleconference meeting as follows: Oral public comments will be accepted during the open session teleconference meeting . Comments may be made during “oral communications” for matters not on the agenda, and during the public comment period for each agenda item . To address the City Council, click on the link below to register in advance and access the meeting: Online R e g i s t e r i n a d v a n c e f o r t h i s w e b i n a r : https://cityofcupertino.zoom.us/webinar/register/WN_rXy0aqhfR-WftEAiA9LJqA Phone Dial: 669-900-6833 and enter Webinar ID: 912 8578 7172 (Type *9 to raise hand to speak). Unregistered participants will be called on by the last four digits of their phone number . Or an H.323/SIP room system: H.323: Page 2 City Council Agenda April 6, 2021 162.255.37.11 (US West) Meeting ID: 912 8578 7172 SIP: 91285787172@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.” 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 . In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend this teleconference City Council 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 Council meeting to arrange for assistance . In addition, upon request, in advance, by a person with a disability, City Council meeting agendas and writings distributed for the meeting that are public records will be made available in the appropriate alternative format. ROLL CALL - 6:15 PM CLOSED SESSION 1.Subject: Public Employee Employment (Gov’t Code 54957(b)(1)); Title: City Attorney Recruitment. RECESS ROLL CALL - 6:45 PM Page 3 City Council Agenda April 6, 2021 OPEN SESSION PLEDGE OF ALLEGIANCE CEREMONIAL MATTERS AND PRESENTATIONS 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. 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 . REPORTS BY COUNCIL AND STAFF (10 minutes) 2.Subject: Brief reports on councilmember activities and brief announcements Recommended Action: Receive brief reports on councilmember activities and brief announcements 3.Subject: City Manager update on emergency response efforts Recommended Action: Receive City Manager update on emergency response efforts 4.Subject: Report on Committee assignments Recommended Action: Report on Committee assignments CONSENT CALENDAR Unless there are separate discussions and/or actions requested by council, staff or a member of the public, it is requested that items under the Consent Calendar be acted on simultaneously. 5.Subject: Approve the February 6 City Council minutes Recommended Action: Approve the February 6 City Council minutes A - Draft Minutes (and Exhibit A) B - Exhibit A 6.Subject: Approve the March 16 City Council minutes Page 4 City Council Agenda April 6, 2021 Recommended Action: Approve the March 16 City Council minutes A - Draft Minutes 7.Subject: Fiscal Year (FY) 2021-22 projects proposed to receive funding from the Road Maintenance and Rehabilitation Account (RMRA), created by Senate Bill 1 (SB 1) Recommended Action: Adopt Resolution No. 21-024 to list FY 2021-22 projects proposed to receive RMRA (SB 1) funding. Staff Report A - Draft Resolution 8.Subject: FY 2019-20 Comprehensive Annual Financial Report (CAFR) and related supplemental reports. Recommended Action: Accept the FY 2019-20 Comprehensive Annual Financial Report (CAFR) and related supplemental reports. Staff Report A - FY 19-20 CAFR B - FY 19-20 GAGAS C - FY 19-20 Appropriations Limit AUP D - FY 19-20 TDA E - FY 19-20 Investment AUP 9.Subject: Accept Accounts Payable for the period ending January 31, 2021. Recommended Action: Adopt Resolution No. 21-021 accepting Accounts Payable for the period ending January 31, 2021. A - Draft Resolution B - AP Report 10.Subject: Accept Accounts Payable for the period ending February 08, 2021 Recommended Action: Adopt Resolution No. 21-025 accepting Accounts Payable for the period ending February 08, 2021 A - Draft Resolution B - AP Report 11.Subject: Accept Accounts Payable for the period ending February 16, 2021 Recommended Action: Adopt Resolution No. 21-026 accepting Accounts Payable for the period ending February 16, 2021 A - Draft Resolution B - AP Report 12.Subject: Accept Accounts Payable for the period ending February 22, 2021 Recommended Action: Adopt Resolution No. 21-027 accepting Accounts Payable for the period ending February 22, 2021 A - Draft Resolution B - AP Report Page 5 City Council Agenda April 6, 2021 13.Subject: Accept Accounts Payable for the period ending February 28, 2021 Recommended Action: Adopt Resolution No. 21-028 accepting Accounts Payable for the period ending February 28, 2021 A - Draft Resolution B - AP Report 14.Subject: Consultant agreement for the Residential and Mixed-Use Residential Design Standards Work Program item for the fiscal year 2020-21 and associated budget modification. Recommended Action: That the City Council adopt Resolution No. 21-029 (Attachment A) to: 1) Award a consultant agreement for the Residential and Mixed-Use Residential Design Standards Work Program item for the fiscal year 2020-21; and 2) Authorize the City manager to negotiate and execute a consultant agreement with RRM Design Group to provide these services to the City, for an amount not to exceed $226,757; and 3) Approve a Budget Modification #2021-114 to increase appropriations in 100-71-702 750-090 by $75,757 for the residential and mixed-use residential design standards for the fiscal year 2020-21 Work Program. Staff Report A - Draft Resolution B - Contract, Scope of Work, & Fee Estimate 15.Subject: Authorization of a Sixth Amendment to Agreement 15-206 between the City of Cupertino and Professional Turf Management. Recommended Action: Approve the Sixth Amendment of Agreement 15-206 between the City of Cupertino and Professional Turf Management, to extend the term of the agreement up to one year. Staff Report A – Draft Agreement Sixth Amendment B - Original Agreement Amendments 1-5 SECOND READING OF ORDINANCES 16.Subject: Municipal Code Amendments to adopt glazing and lighting regulations to implement the Fiscal Year 2019/20 City Council Work Program items related to Dark Sky and Bird-Safe Design. (Application No. MCA-2019-003 and MCA-2019-004; Applicant: City of Cupertino; Location: City-wide) Page 6 City Council Agenda April 6, 2021 Recommended Action: That the City Council conduct the second reading and enact Ordinance No. 21-2225 “An Ordinance of the City Council of the City of Cupertino Amending City Code to add 19.102: Glass and Lighting Standards and to Amend Chapter 19.40 Residential Hillside (RHS) Zones, Chapter 19.60 General Commercial (GC) Zones, Chapter 19.72 Light Industrial (ML) and Industrial Park (MP) Zones, and Chapter 19.124 Parking Regulations to Implement Bird-safe and Dark Sky Policies,” (Attachment A) which includes a finding that the proposed actions are exempt from CEQA. Staff Report A - Draft Ordinance No. 21-2225 B – Redlines from March 16, 2021 PUBLIC HEARINGS 17.Subject: Consider whether to authorize the formal submission and processing of a General Plan Amendment Authorization for a change to the Land Use Designation from Low Density (1-5 DU/Ac.) to Low/ Medium Density (5-10 DU/Ac.), which would allow construction of four small lot single family homes where one single family home currently exists. Applicant(s): Homestead Homes; Application No(s).: GPAAuth-2020-001; Location: 19820 Homestead Road APN# 316-04-064 Recommended Action: That the City Council conduct the public hearing and: 1) Find that the proposed application is exempt from CEQA; and 2) Adopt Resolution No. 21-030 approving the request for a General Plan Amendment; or deny the request for a General Plan Amendment. Staff Report A - Draft Resolution B - City Council Policy for General Plan Amendment Application Procedures C - Project Plans D - Project Description E - Homestead Homes Feasibility Analysis, prepared by Kelly Snider of Land use Analysis & Entitlement Services, dated November 5 , 2020. F - Fiscal Analysis of the Homestead GPA Application, prepared by Economics and Planning Systems, Inc., dated December 23 , 2020. 18.Subject: Fiscal Year (FY) 2021-22 Community Development Block Grant (CDBG) Program and Below Market Rate (BMR) Affordable Housing Fund (AHF) funding allocations. Recommended Action: 1) Adopt Resolution No. 21-031 recommending the FY 2021-22 CDBG and BMR AHF funding allocations. 2) Authorize the City Manager to negotiate and execute FY 2021-22 CDBG and BMR AHF funding agreements. Page 7 City Council Agenda April 6, 2021 Staff Report A - Draft Resolution B - FY 21-22 NOFA RFP C - FY 2021-22 CDBG and BMR AHF Funding Application Descriptions D- Housing Commission Resolution 21-01 19.Subject: Consider amendments to Cupertino Municipal Code Sections 19.56.030A (Table 19.56.030) and 19.56.030F (Density Bonus Ordinance) to incentivize the development of affordable housing by allowing for density bonuses of up to 40 percent (Application No: MCA-2021-002; Applicant: City of Cupertino; Location: Citywide. Recommended Action: That the City Council conduct the first reading of Ordinance No. 21-2226, "An Ordinance of the City Council of the City of Cupertino Amending Cupertino Municipal Code Section 19.56.030A (Table 19.56.030) and 19.56.030F (Density Bonus Ordinance) to Incentivize the Development of Affordable Housing by Allowing for Density Bonuses of up to 40 Percent," which includes a finding that adoption of the ordinance is exempt from the California Environmental Quality Act . Staff Report A - Draft Ordinance B- Sally Nielsen, Hausrath Economics Group, Economic Evaluation of City of Cupertino Housing Program to Incentivize the Production of Affordable Housing C - California Rural Legal Assistance Foundation and Western Center on Law & Poverty, Letter in Opposition to AB 2345 20.Subject: Consideration of Municipal Code Amendments to the Cupertino Municipal Code, Chapter 10.90, expanding existing policies to reduce exposure to secondhand smoke, including in multi-unit housing, entryways, public events, service areas, and outdoor worksites. Recommended Action: 1.Reintroduce with amendments and conduct the first reading of Ordinance No. 21-2227: “An Ordinance of the City Council of the City of Cupertino amending City Code Chapter 10.90 of Title 10 (Public Peace, Safety, and Morals) to prohibit smoking in multi-unit housing and certain outdoor areas,” which adds setback requirements for designated smoking areas and includes detached ADUs and JADUs in the regulations; or 2.Conduct the second reading and enact Ordinance No. 21-2224 “An Ordinance of the City Council of the City of Cupertino amending City Code Chapter 10.90 of Title 10 (Public Peace, Safety, and Morals) to prohibit smoking in multi-unit housing and certain outdoor areas.” Staff Report A - Draft Ordinance 21-2224 to Regulate Smoking (First Reading Approved on 3/2/21) Clean B - Draft Ordinance 21-2224 to Regulate Smoking (First Reading Approved on 3/2/21) Redline C - Revised Draft Ordinance to Regulate Smoking Clean D - Revised Draft Ordinance to Regulate Smoking Redline E - March 2, 2021 Staff Report F - Tobacco Free Communities Policies in Santa Clara County Page 8 City Council Agenda April 6, 2021 ORDINANCES AND ACTION ITEMS ORAL COMMUNICATIONS - CONTINUED (As necessary) COUNCIL AND STAFF COMMENTS AND FUTURE AGENDA ITEMS ADJOURNMENT 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 teleconference 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, 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 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 written communications are accessible to the public through the City’s website and kept in packet archives. You are hereby admonished not to include any personal or private information in written communications to the City that you do not wish to make public; doing so shall constitute a waiver of any privacy rights you may have on the information provided to the City . Page 9 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) 777‐3195 (408) 777‐3192 (408) 777‐1398 (408) 777‐3139 (408) 777‐3193 (408)777‐8204 All Council members: Darcy Paul Liang Chao Kitty Moore Hung Wei Jon Robert Willey      Executive Assistant     City Hall citycouncil@cupertino.org DPaul@cupertino.org       LiangChao@cupertino.org         Kmoore@cupertino.org    HWei@cupertino.org    JWilley@cupertino.org       AshleyS@cupertino.org       www.cupertino.org (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