City Council

CITY OF CUPERTINO AGENDA CITY COUNCIL This will be a teleconference meeting without a physical location. Tuesday, February 2, 2021 6:45 PM 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 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 by 5:00 p.m. on Tuesday, February 2 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 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: 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 Page 1 City Council Agenda February 2, 2021 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 Register in advance for this webinar: https://cityofcupertino.zoom.us/webinar/register/WN_bimvL2HPQ52RfIaoTK24oA Phone Dial: 669-900-6833 and enter Webinar ID: 942 7346 2156 (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: 162.255.37.11 (US West) Meeting ID: 942 7346 2156 SIP: 94273462156@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 Page 2 City Council Agenda February 2, 2021 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. PLEDGE OF ALLEGIANCE ROLL CALL CEREMONIAL MATTERS AND PRESENTATIONS 1. Subject: Recognition of Fine Arts Commission Artists Award winners Recommended Action: Present awards to Fine Arts Commission Artist Award winners POSTPONEMENTS 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. REPORTS BY COUNCIL AND STAFF (10 minutes) 2. Subject: City Manager update on emergency response efforts Recommended Action: Receive City Manager update on emergency response efforts 3. 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. 4. Subject: Approve the January 19 City Council minutes Recommended Action: Approve the January 19 City Council minutes A - Draft Minutes Page 3 City Council Agenda February 2, 2021 5. Subject: Award of a construction contract for the Bubb Road Separated Bikeway Improvements Project (Project 2020-06) for the construction of the separation of bike lanes on Bubb Road, between McClellan Road and Stevens Creek Boulevard. Recommended Action: Award a construction contract for Bubb Road for a Separated Bikeway Improvement Project, authorize the City Manager to execute a contract in the amount of $663,247.50 with Granite Rock Company, and authorize the Director of Public Works to execute any necessary change orders, up to the construction contingency amount of $66,325.00, for a total authorized contract amount of $729,572.50 Staff Report A - Draft Contract B - Shuttle Stop Detail 6. Subject: Accept Accounts Payable for the period ending October 12, 2020 Recommended Action: Adopt Resolution No. 21-003 accepting Accounts Payable for the period ending October 12, 2020 A - Draft Resolution B - AP Report 7. Subject: Accept Accounts Payable for the period ending October 19, 2020 Recommended Action: Adopt Resolution No. 21-004 accepting Accounts Payable for the period ending October 19, 2020 A - Draft Resolution B - AP Report 8. Subject: Accept Accounts Payable for the period ending October 26, 2020 Recommended Action: Adopt Resolution No. 21-005 accepting Accounts Payable for the period ending October 26, 2020 A - Draft Resolution B - AP Report 9. Subject: Accept Accounts Payable for the period ending October 30, 2020 Recommended Action: Adopt Resolution No. 21-006 accepting Accounts Payable for the period ending October 30, 2020 A - Draft Resolution B - AP Report 10. Subject: Accept Accounts Payable for the period ending November 09, 2020 Recommended Action: Adopt Resolution No. 21-007 accepting Accounts Payable for the period ending November 09, 2020 A - Draft Resolution B - AP Report 11. Subject: Accept Accounts Payable for the period ending November 16, 2020 Page 4 City Council Agenda February 2, 2021 Recommended Action: Adopt Resolution No. 21-008 accepting Accounts Payable for the period ending November 16, 2020 A - Draft Resolution B - AP Report 12. Subject: Accept Accounts Payable for the period ending November 23, 2020 Recommended Action: Adopt Resolution No. 21-009 accepting Accounts Payable for the period ending November 23, 2020 A - Draft Resolution B - AP Report 13. Subject: Accept Accounts Payable for the period ending November 30, 2020 Recommended Action: Adopt Resolution No. 21-010 accepting Accounts Payable for the period ending November 30, 2020 A - Draft Resolution Payment Register for Council 11.30.2020 SECOND READING OF ORDINANCES 14. Subject: Second reading of Ordinance No. 21-2220 adopting Municipal Code Amendments to update existing Mobile Vending regulations, including conforming edits to Titles 5 and 13 in the Municipal Code, for new regulations of Sidewalk Vending in compliance with SB 946. Application No(s).: MCA-2020-004; Applicant(s): City of Cupertino; Location: citywide. Recommended Action: Conduct the second reading and enact Ordinance No. 21-2220: “An Ordinance of the City Council of the City of Cupertino amending Chapter 5.04, Business Licenses Generally, Chapter 5.20, Solicitors, Chapter 5.48, Mobile Vendors, and Chapter 13.04, Parks” to: A. find that the proposed actions are exempt from CEQA; B. Adopt regulations to allow sidewalk vending in compliance with SB 946; and C. Find that the restrictions and requirements contained in the regulations are directly related to objective health, safety, and/or public welfare concerns. A - Draft Ordinance PUBLIC HEARINGS 15. Subject: Consider modifications to the Procedures for Processing General Plan Amendment Applications to implement the Fiscal Year 2020/21 City Work Program items related to quality of life. Application No(s).: CP-2020-003; Applicant(s): City of Cupertino; Location: citywide Page 5 City Council Agenda February 2, 2021 Recommended Action: That the City Council: 1) Find that the proposed action is exempt from CEQA; and 2)Adopt Resolution No. 21-011 Amending the Procedures for Processing General Plan Amendment Applications Staff Report A - Draft Resolution CP-2020-003 B - Redlines C - Planning Commission Resolution No. 6915 D - Proposed Workflow E - Existing Workflow ORDINANCES AND ACTION ITEMS 16. Subject: Consider Municipal Code Amendments adding Chapter 2.100 (“Regulation of Lobbying Activities”) to Title 2 (“Administration and Personnel”) of the Cupertino Municipal Code to create lobbying registration and reporting requirements. Recommended Action: Conduct the first reading of Ordinance No. 21-2222: “An Ordinance of the City Council of the City of Cupertino Adding Chapter 2.100 (“Regulation of Lobbying Activities”) to Title 2 (“Administration and Personnel”) of the Cupertino Municipal Code,” which includes a finding that adoption of the ordinance is exempt from the California Environmental Quality Act. Staff Report A - Draft Ordinance B- San Jose Reporting Requirements 17. Subject: Consider adopting the 2021 Legislative Platform Recommended Action: Adopt the proposed 2021 Legislative Platform Staff Report A- 2021 Proposed Legislative Platform B- 2021 Proposed Legislative Platform - Redline Draft 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 Page 6 City Council Agenda February 2, 2021 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 7