CC 09-04-2024 AgendaWednesday, September 4, 2024
5:00 PM
CITY OF CUPERTINO
Special Meeting Non-Televised Closed Session (5:00) and Televised
Open Session (6:45)
10300 Torre Avenue and 10350 Torre Avenue 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 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 September 4, 2024
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 for Closed Session in City Hall, Conference Room C or for Open
Session in Cupertino Community Hall. Members of the public may provide oral public
comments pertaining to the agenda prior to the beginning of Closed Session and after Roll
Call.
Members of the public may provide oral public comments during the Open Session as
follows:
Oral public comments will be accepted during the meeting. 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.
2) E-mail comments for Closed Session or Open Session by 4:00 p.m. on Wednesday,
September 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.
3) Open Session Teleconferencing Instructions
To address the City Council, click on the link below to register in advance and access the
meeting:
Online
Page 2
City Council Agenda September 4, 2024
Register in advance for this webinar:
https://cityofcupertino.zoom.us/webinar/register/WN_CJXppZ2zTV-g3JV3ZE9WXw
Phone
Dial: 669-900-6833 and enter Webinar ID: 921 2584 6245 (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: 921 2584 6245
SIP: 92125846245@zoomcrc.com
92829380331@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 September 4, 2024
NOTICE AND CALL FOR A SPECIAL MEETING OF THE CUPERTINO CITY COUNCIL
NOTICE IS HEREBY GIVEN that a special meeting of the Cupertino City Council is hereby
called for Wednesday, September 04, 2024, for a Closed Session commencing at 5:00 p.m. in
City Hall, Conference Room C, 10300 Torre Avenue, Cupertino, California 95014 and an
Open Session at 6:45 p.m. in Community Hall Council Chamber, 10350 Torre Avenue,
Cupertino, California 95014 and via teleconference. Said special meeting shall be for the
purpose of conducting business on the subject matters listed below under the heading,
“Special Meeting."
SPECIAL MEETING
ROLL CALL - 5:00 PM
10300 Torre Avenue, Conference Room C
CLOSED SESSION
1.Subject: Public Employee Performance Evaluation (Gov. Code § 54957(b)(1)); Title: City
Manager
2.Subject: Conference with Legal Counsel - Existing Litigation pursuant to Government
Code § 54956.9: National Opioids Settlement (Kroger Co.)
RECESS
OPEN SESSION
ROLL CALL - 6:45 PM
10350 Torre Avenue, Community Hall and via Teleconference
CLOSED SESSION REPORT
CEREMONIAL ITEMS
3.Subject: Recognition of September as National Preparedness Month
Recommended Action: Recognize September as National Preparedness Month
4.Subject: Recognition of National Hispanic Heritage Month (September 15- October 15)
Recommended Action: Recognize National Hispanic Heritage Month (September 15-
October 15)
PRESENTATIONS
5.Subject: Annual Report of the Audit Committee
Recommended Action: Receive report of annual activities of the Audit Committee
Page 4
City Council Agenda September 4, 2024
6.Subject: Annual Report of the Bicycle Pedestrian Commission
Recommended Action: Receive report of annual activities of the Bicycle Pedestrian
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
matter, or request that an item be added to a future City Council agenda in response to public comment .
CONSENT CALENDAR (Items 7-13)
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.
7.Subject: Approve the July 16, 2024 City Council minutes
Recommended Action: Approve the July 16, 2024 City Council minutes
A - Draft Minutes
8.Subject: Approve the July 22, 2024 City Council minutes
Recommended Action: Approve the July 22, 2024 City Council minutes
A - Draft Minutes
9.Subject: Ratifying Accounts Payable for the periods ending July 5, 2024; July 12, 2024;
July 19, 2024; and July 26, 2024
Page 5
City Council Agenda September 4, 2024
Recommended Action: A.Adopt Resolution No. 24-079 ratifying Accounts Payable for
the Period ending July 5, 2024;
B.Adopt Resolution No. 24-080 ratifying Accounts Payable for the Period ending July
12, 2024;
C.Adopt Resolution No. 24-081 ratifying Accounts Payable for the Period ending July
19, 2024; and
D.Adopt Resolution No. 24-082 ratifying Accounts Payable for the Period ending July
26, 2024
Staff report
A – Draft Resolution 7.5.24
B – Weekly AP Payment Register for the Period Ending 7.5.24
C – Draft Resolution 7.12.24
D – Weekly AP Payment Register for the Period Ending 7.12.24
E – Draft Resolution 7.19.24
F – Weekly AP Payment Register for the Period Ending 7.19.24
G – Draft Resolution 7.26.24
H – Weekly AP Payment Register for the Period Ending 7.26.24
10.Subject: Amendments to the City of Cupertino Conflict of Interest Code for officials
and designated employees per State law requirement on a biennial basis; 2024 Local
Agency Biennial Notice
Recommended Action: a.) Adopt Resolution No. 24-083 rescinding Resolution No.
22-120 and amending the City of Cupertino Conflict of Interest Code for officials and
designated employees; and
b.) Authorize the City Manager to sign the required 2024 Local Agency Biennial Notice
Staff Report
A - Draft Resolution and Conflict of Interest Code (redline)
B – Draft Resolution and Conflict of Interest Code (clean)
C – Adopted Resolution No. 22-120
D - 2024 Local Agency Biennial Notice
11.Subject: Designation of voting delegate and an alternate to vote at the Annual Business
Meeting (General Assembly) during the League of California Cities Annual Conference
and Expo, October 16-18, 2024
Recommended Action: Designate the Mayor as voting delegate and the Vice Mayor as
the alternate to vote at the Annual Business Meeting (General Assembly) during the
League of California Cities Annual Conference and Expo, October 16-18, 2024
Staff Report
A - 2024 Voting Delegate Packet
12.Subject: Approve an agreement with Sweeping Corp of America (SCA) for street
sweeping services of City of Cupertino's residential, commercial, and bicycle lanes in
the amount not to exceed $2,215,705 and approve a budget modification in the amount
of $41,090
Page 6
City Council Agenda September 4, 2024
Recommended Action: 1. Authorize the City Manager to award a five-year contract for
Street Sweeping Services (Project No. 2024-104) to Sweeping Corp of America at a
baseline amount of $443,141 per year and in an amount not to exceed $2,215,705
2. Adopt Resolution No. 24-084 approving budget modification #2425-353, of an
appropriation increase of $20,545 in both the Resource Recovery Fund (520) for account
520-81-801 700-702 and $20,545 the Environmental Management/Clean Creek/Storm
Drain Fund (230) to account 230-81-802 700-702
Staff Report
A - Draft Agreement
B - Draft Resolution
13.Subject: Award of a construction contract for the 2024 Concrete Reconstruction Project
to Duran Construction Group for removal and replacement of concrete curbs, gutters,
sidewalks, and pedestrian ramps in the amount of $1,586,842
Recommended Action: 1. Award a construction contract for the 2024 Concrete
Reconstruction Project (project number 2024-103) in the amount of $1,586,842 to Duran
Construction Group;
2. Authorize the City Manager to execute the construction contract when all conditions
have been met; and
3. Authorize the Director of Public Works to execute any necessary change orders up to
a construction contingency amount of $158,684 (10%) for a total contract amount of
$1,745,526
Staff Report
A - Draft Contract
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
14.Subject: Review City Work Program funding to develop new ELI (Extremely Low
Income) and BMR housing units for Developmentally Disabled individuals (IDD) on
City-owned property along Mary Avenue (APN: 326-27-053)
Recommended Action: Receive presentation and authorize staff to utilize the entire
remaining budgeted amount (up to $235,000) to evaluate the proposal received for the
City-owned property on Mary Ave
Presenter: Gian Martire, Senior Planner
Page 7
City Council Agenda September 4, 2024
Staff Report
A – Signed Exclusive Negotiating Agreement – Mary Avenue
ITEMS REMOVED FROM THE CONSENT CALENDAR
CITY MANAGER REPORT
ORAL COMMUNICATIONS - CONTINUED
COUNCILMEMBER REPORTS
15.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.
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
Page 8
City Council Agenda September 4, 2024
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 Cupertino web site.
IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipal Code section
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. 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 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) 777‐1326
(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
citycouncil@cupertino.gov
SMohan@cupertino.gov
JRFruen@cupertino.gov
LiangChao@cupertino.gov
KittyMoore@cupertino.gov
HWei@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