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Home My WebLink AboutCC - 10.10.2023IN-PERSON AND TELECONFERENCE / PUBLIC PARTICIPATION INFORMATION X'f 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 4:00p.m. on Tuesday, October 10to 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 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. Page I CityCouncil Agenda OctoberlO,2023 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 meeting: Online Register in advance for this webinar: https://cityofcupertino.zoom.us/webinar/register/WNTFqEsCGQ-SOaoqk4H6gCg Phone Dial: 669-900-6833 and enter Webinar ID: 964 7470 4072 (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: 964 7470 4072 SIP: 96474704072@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 Page 2 City Council speak. Agenda October 10, 2023 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 documerit must email cityclerk@cupertino.org prior to speaking. These documents will be posted to the City's website after the meeting. NOTICE AND CAI,I, FOR A SPECIAt MEETING OF THE CUPERTINO CITY COUNCI[ NOTICE IS HEREBY GIVEN that a special meeting of the Cupertino City Council is hereby called for Tuesday, October 10, 2023, commencing 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 CALL TO ORDER PLEDGE OF Al,[EGIANCE ROI,L CALL CtOSED SESSION REPORT CEREMONIAt ITEMS 1. : Recognition of October as Hindu Heritage and Awareness Month Recommended Action: Recognize October as Hindu Heritage and Awareness Month 2.$: Recognition of 2nd week of October as Code Enforcement Officer Week Recommended Action: Recognize 2nd week of October as Code Enforcement Officer Week 3.$: Silicon Valley Clean Energy (SVCE) Electric Showcase Award honoring Cupertino resident winner Recommended Action: Receive presentation for SVCE Electric Showcase Award honoring Cupertino resident winner POSTPONEMENTS AND ORDERS OF THE DAY ORA[ COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the Counc'd on ayiy matter within Page 3 City Council Agenda October 10, 2023 tlie jurisdiction of the Counci7 and not 07'l the agenda for discussion, including informational items. The tota7 time for Oral Communications will ordinarily be limited to one hour. Individi.tal speakers are Limited to three (3) minutes. As necessary, the Chair may fitrther limit the time ctuorned to individua7 speakers, or reschedu7e rema'ming comments to the end of the meeting on a first come first heard basis, with prioriti) given to students. In ynost cases, State lazo wil) prohibit the Coymcil from discussing or making any decisions with respect to a matter not Listed on tlie agenda. A councilmember may, 7xowever, briefLy respond to statements made or questions posed by speakers. A councilmember may also ask a question for c(arification, 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 Coxmcil agenda in response to public comment. CONSENT CALENDAR (Items 4-10) Items appearing on the Consent Calendar are considered routine City business arid may be approved by one motion. Typical items may incrude meeting minutes, awards of contracts, tlie ratification of accou;nts payable, and second readings of ordinances. Any member of the Counci7 may req;itest to have an item removed from t7ie Consent Calendar based 07? the rtdes set forth in the Citi) Counci7 Procedures ManuaL Members of the public may provide input O?? one or more consent cct[endar items when the Mayor asks for public comments on the Consent Cctlendrtr. 4. : Approval of the September 19 City Council minutes Recommended Action: Approve the September 19 City Council minrites A - Draft Minutes 5.: Updates to the Policies and Guidelines on Sister Cities, Friendship Cities, and International Delegations Recommended Action: Adopt the ripdated City of Cupertino's Policies and Guidelines on Sister Cities, Friendship Cities, and International Delegations, which aim to ensure efficiency within the Sister and Friendship City program and clarity on travel expenses and gifts Staff Report A - 2018 Policies and Giidelines on Sister Cities, Friendship Cities, and International Delegations B - Redline: Policies and Guidelines on Sister Cities, Friendship Cities, and International Delegations C - Clean: Policies and Guidelines on Sister Cities, Friendship Cities, and International Delegations 6. : Community Development Block Grant (CDBG) Program finding allocation for the Senior Center Fire Alarm Upgrade Project Page 4 City Council Agenda October 10, 2023 Recommended Action: 1. Authorize the use of CDBG funding to upgrade the fire alarm system at the City's Senior Center, as part of the Capital Improvement Programs (CIP) Building Condition Assessment (BCA) Improvements project. 2. Adopt Resolution No. 23-103 approving Budget Modification No. 2324-305 increasing appropriations in the Capital Improvement Programs Capital Project Fund for the Building Condition Assessment (BCA) Improvements project by $367,951.38 through the use of CDBG funding Staff Report A - Senior Center Building Condition Assessment Report B - Draft Resolrition : First amendment to the Agreement Creating the Santa Clara County Recyding and Waste Reduction Technical Advisory Committee (TAC) to allow members to participate in TAC meetings using teleconference technology pursuant to Brown Act prOVlSIOnS. Recommended Action: Atithorize the City Manager to execute the first amendment to the Agreement Creating the Santa Clara County Recycling and Waste Reduction TAC to allow members to participate in TAC meetings using teleconference technology pursuant to Brown Act provisions. Staff Report A - TAC MOA Agreement Amendment B - TAC MOA 2013 Agreement : Updated Resolution Authorizing the City of Cupertino to Apply for CalRecycle Payment Programs. Recommended Action: Adopt Resolution No. 23-104, aritliorizing submittal of applications for CalRecycle's Payment Programs using an updated resolution as required by CalRecycle. Staff Report A - Draft Resolrition : Award a construction contract for the McClellan Road Separated Bike Corridor Phase 3 Project to Redgwick Construction Company for improvements at the intersection of De Anza Boulevard and McClellan Road/Pacifica Drive and approve a budget modification in the amount of $975,000. Page 5 City Council Agenda October 10, 2023 Recommended Action: 1. Award a construction contract for the McClellan Road Separated Bike Corridor, Phase 3 Project (Project 2020-12) in the amount of $1,569,386 to Redgwick Construction Company; 2. Authorize the City Manager to execute the contract when all conditions have been met; 3. Authorize the Director of Public Works to exeaite any necessary construction change orders up to a construction contingency amount of $156,939 (10%) for a total contract amount of $1,726,325; and 4. Adopt Resolution No. 23-105 approving budget modification #2324-304, approving a transfer of $948,552from the Capital Improvement Fund (budget rinit 420-99-036 900-905, ST 047) to the Transportation Fund (budget unit 270-99-269 900-905) and approving a transfer of $975,000 within the Transportation Fund from Senate Bill (SB) I Capital Outlay (budget unit 270-85-821 900-971) to the project (budget unit 270-99-269 900-905), for a total authorized project expenditure of $2,299,410. Staff Reoort A - Draft Contract B - Draft Resolution 10. $: Stevens Creek Boulevard/Calabazas Creek Storm Drain Repair Emergency Work Declaration, and authorization for the City Manager to negotiate and execute contract(s) for the repair work Recommended Action: 1. Adopt Resolution No. 23-106 declaring the repairs necessary to restore Stevens Creek Storm Drain as Emergency Work, per City of Cupertino Municipal Code (CMC) Section 3.23.130 C and Public Contract Code Section 22050; 2. Adopt Resolution No. 23-107 approvin(g budget modification #2324-306, approving a transfer out appropriation of $580,000 from the Capital Reserve Frind (429), a transfer in revenue and incteased appropriations of $460,000to the project (budget unit 420-99-266), for a total arithorized project expenditure of $880,000; and 3. Authorize the City Manager to negotiate and execute a construction contract to perform the repairs, without a public bidding process, for an amount (CIP Project number 2024-01) not to exceed the project's approved funding level of $880,000 A - Draft Resolution - Emergency Declaration B - Stevens Creek Boulevard-Calabazas Creek SD Work Area Exhibit C - Draft Resolution - Budget Modification PUBLIC HEARINGS - None Effective January 1, 2023, Government Code Section 65103.5 (SB 1214) limits the distribution of copyrighted mrtterinl associated zuith the review of development projects. Members of t1ie public wishirtg to riier.ti p'ictrts that cannot otherwise be distributed under SB 1214 may make an cippointment wit7i tlie Plaming Division to vie;xo tliem at Citi) HalL by send'mg an email to p7awi;ng@cupertino.org. P4ans wil( also be mrtde available digitally during tlie liearing to consider Uie proposal. Page 6 City Council Agenda October 10, 2023 ACTION CA'tENDAR 11. $: Establish a General Fund Sales Tax Repayment Reserve Recommended Action: A. Approve an amendment to the City's Cornrnitted, Unassigned Fund Balance, and Use of One Time Finds Policy to: i. Create a General Fund Sales Tax Repayment Reserve with an initial allocation of $56.5 million ii. Authorize staff to increase the Sales Tax Repayment Reserve when the City receives additional sales tax revenue in dispute iii. Decrease the General Fund Capital Projects Reserve by $10.0 million iv. Decrease the General Fund Economic Uncertainty Reserve by $6.0 million Presenter: Kristiiia Alfaro, Director of Administrative Services Staff Reoort A - Committed, Unassigned, and Use of One Time Funds Policy Clean B - Committed, Unassigned, and Use of One Time Funds Policy Redline COUNCIL REPORTS AND COMMENTS 12. CITY MANAGER REPORT ORA[ COMMUNICATIONS - CONTINUED INFORMATIONAL ITEMS - None Information items are inteyided to provide backgrotmd informatioyi and routine reports to Counc'dmembers and the public, without discx.tssion by Council. Members of the pub(ic wishiyig to conmxent on informationa( iteyns should do so during ora7 comymmications COUNCIL AND ST AFF COMMENTS AND FUTURE AGENDA ITEMS ADJOURNMENT Lobbyist Registration arxd Reporting Requirements: Individuals zoho influence or attempt to influence 1egisLative or administratxve actioyi may be required by t7ze City of Cupertino's lobbying ordinance (Cupertino Municipal Code Chapter 2.100) to register and report lobbying activity. Persons whose commymiccttions regarding any (egisLcttivc or administrative tyre solely Limited to appearing at or submitting testimony for any public meeting held by the Citi) are not required to register as lobbyists. For more inforynation about the lobbying ordinance, please contact the City Clerk's Office at 10300 Page 7 CityCouncil Agenda OctoberlO,2023 Torre Avewe, Cupertino, CA 94107; telephone (408) 777-3223; email cityclerk@cx.ipertmo.org; and website: mow.cupertino.org/lobbyist The City of Cupertino has adopted the provisions of Code of Civi7 Procedure §1094.6; 7itigation chctllenging a fina7 decision of the Cih) Cormci7 must be brought within 90 days after a decision is announced unless a shorter time is required by State or Federal lctw. Prior to seek'nig judicial revie'co of any adjudicatory (quasi-judicirtD decision, interested persons must fi(e a petitio;rt for reconsiderrttion within ten calendar days of the date the City Clerk mctils notice of the City's decision. Reconsideratxon petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the Cif4 Clerk's office for more 'n4ormation or go to http://wmu.cupertino.org/cifi)c7erk for a reconsideraho;n petition fornx. In compliance with the Americans with Disabilities Act (ADA), an3ione zti7zo is planning to attend tliis meeting who is visually or hearing impaired or has any disab'dih) that needs specia7 assistcmce 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 zoith a disability, meeting ctgendas and zoritings distributed for the meeting that are public records will be made available in the appropriate rtlterrtative format. A7?!/ writings or documents provided to a majority of the Cupertino City Coymcil after publicatio;iz of the packet wi(7 be made avai(abre for public inspection in the City Clerk's Office Located tit Cih) Hail, 10300 Torre Avewe, Cupertino, Ccdifornia 95014, during normctl business hours; rind in Co;ymci7 pctcket archives Linked from the agenda/minutes page on the Ci.tpertino web site. IMPORTANT NOTICE: P4ease be advised tliat pursuctnt to Cupertino Mmicipal Code section 2.08.l00written commrmicrttions sent to the Cupert'mo Cifi) Council, Coynmissioners or City staff concerning a matter on the agenda are 'mcluded as supp7emerttal mctterial to tlie ctgertdized 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 privctte information'm written communications to t1ie Cifi) that you do not wish to make public, as written cortmztmications are corysidered pub(ic records and zoi77 be made publicly avai7able 07? 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 WestValley 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 adiudicatory (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=l25 for a reconsideration petition form. COMMUNICATING WITH COUNCIL All Council members: Hung Wei Sheila Mohan Liang Chao J.R. Fruen Kitty Moore Executive Assistant City Hall citycouncil@cupertino.org HWei@cupertino.org SMohan@cupertino.org LiangCha4>cupertino.org J RFruen@cupertino.org KMoore@cupertino.org ; Debran@cupertino.org www.cupertino.org (408 777-3139 408 777-1326 408 777-3192 408 777-1316 408 777 -1389 408 777-3212 408 777-CITY Please note: the City Council discourages submission of written materials on the day ofthe 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 HALI 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) 6:45p.m. Friday(replay) lO:OOa.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 "l 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-ClTY Fire (Emergency) Santa Clara County Fire Dept. dispatch 911 Fire (Non-Emergency ) Santa Clara County Fire Dept. (408) 378-4010 Garbage RecologySouthBay (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) SantaClaraCountySheriff dispatch 911 Police (Non-Emergency) Santa Clara County Sheriff (408) 868-6600 Public Health Santa Clara County Public Health (408) 732-3720 SanitarySewers CupertinoSanitaryDistrict (408')253-7071 Water SanJoseWater (408)279-7900 CaliforniaWater (650)917-0152 _l 01 IllllNllulllull lllullllla}ulllll ul Ill iilliijl Inniii 111111 Ill lullullllTjffillli lumljulll 1111 ITmliii 111111 Imll Ill * 101111010 I 0 I I I #l} @ a II . 111111111111 .llliillllll 1101% la#l#0lllll II # 0 101 I 10 #0 lal}l Ila Ill II II 101 00 CITY OF CUPERTINO STATE OF CALIFORNIA OFFICE OF NOTICE IS HEREBY GIVEN that the regular meeting of the Cupertino City Council scheduled for Tuesday, October 03, 2023 beginning at 6:45 p.m. in Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, CA 95014 and via teleconference, is caricelled. A special meeting will be held on Tuesday, October 10, 2023 beginning at 6:45 p.m. in Cornrnunity Hall Council Chamber, 10350 Torre Avenue, Cupertino, CA 95014 and via teleconference Dated this 26th day of September, 2023 Lauren Sapudar Deputy City Clerk STATE OF CALIFC>["JTA a-Xl 10350 Torre Avenue, Council CR'tinjmff"!m Tfdled6rif!irences:z DATE ( i '; ': ' -' E klAL'L. CUPERTINO Regular Meeting IN-PERSON AND TELECONFERENCE / PUBLIC PARTICIP ATION 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 4:00p.m. on Tuesday, September 19to 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 may provide oral public comments during the meeting as follows: Oral public comments will be accepted during the meeting. Comments may be made dtu'ing "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. Page I CityCouncil Agenda Septemberl9,2023 Completion of Speaker Cards and identifying yourself is voluntary and not required to attend the meeting or provide comments. 3) Teleconferencing Instructions To addtess 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/WN3'w9IhyVaT8KG5vHYoPl8xg Phone Dial: 669-900-6833 and enter Webinar ID: 931 0851 0691 (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: 931 0851 0691 SIP: 93108510691@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 w"ll 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 Page 2 City Council speak. Agenda September 19, 2023 4. When called, please limit your temarks 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 speaking. These documents will posted to the City's website after the meeting. CAtL TO ORDER PtEDGE OF A[LEGIANCE RO[L CALL CtOSED SESSION REPORT CEREMONIA[, ITEMS 1. 2. : Recognize September as National Preparedness Month Recommended Action: Recognize September as National Preparedness Month POSTPONEMENTS AND ORDERS OF THE DAY ORAL COMNICATIONS This portion of the meeting is reserved for persons zoishing to address the Cotmci( on any matter zoith'm the jurisdictioyi of the Council and yiot on the agenda for discussio'n, irtcluding informationa[ items. The totctl time for Ora7 Commtmiccttions will ordinarily be Limited to one hour. Individual speakers are Limited to three (3) minutes. As necessary, tlie Chair may fiirther limit the time allowed to individual speakers, or reschedule remaining comments to the end of the meeting on a first come first heard basis, zoit7z priorih) given to students. In most cases, State raw will prohibit the Council from discussing or making any decisions with respect to a matter not Listed on the agenda. A councibrteynber may, liowever, briefly respond to statements made or questioyis posed by speakers. A coymcilme'inber may also ask a question for c7arificcttion, provide a refererxce for factua! information, request staff to rqiort back concerning ct matter, or request that an item be added to a future Cih) Coxmc'd agenda'm response to public comment. CONSENT CALENDAR (Items 3-7) Items appearing 07? the Consent Calendar are coyisidered routine City business and may be approved by one motion. Typical items may include meeting minutes, awards of contracts, the ratification of Page 3 City Council Agenda September 19, 2023 accounts payable, and second readings of ordinances. Arty member of the Cormcil may request to have an item removed from the Consent Calertdar based on the rules set fortli in the Cih) Council Procedures Manual. Members of the public may provide input 072 one or more consertt calendar items when the Mayor asks for public comments on the Co'nse;nt Ca(ertdar. 3. : Approve the July 18 City Council minutes (continued from September 6, 2023) Recommended Action: Approve the July 18 City Council minrites A - Draft Minrites 4. : Approve the September 6 City Council minutes Recommended Action: Approve the September 6 City Council minutes A - Draft Minutes 5. 6. Page 4 City Council Agenda September 19, 2023 A - Avolve Software Corporation Software-as-a-Service Agreement 7. %: Award a Cooperative Services Agreement to ReDesign Group, for City's server and storage infrastructure, for a total cost of $389,692.60, including 10o/o contingency over five years. Recommended Action: 1. Find under A/hinicipal Code section 3.22.070(C) that this procurement from the National Association of State Procurement Officials is exempt from formal competitive bidding procedures. 2. Authorize the City Manager to execute a Cooperative Services Agreement with ReDesign Group, for Technology Refresh of the City's server and storage infrastructure, for a total cost of $389,692.60, including 10o/o contingency over five years. A - Cooperative Agreement NASPO C-109 B - Amendments No. I to 6 to NASPO C-109 C - California Participating Addendum D - Amendments No. 1 & 2 to CA Partiapating Addendrim E - Data Center Refresh Proposal F - Disaster Recovery Site (Phoenix) 5 Year quote G - Production Site 5 Year quote H - Insuraiice for Consultants Contracts I - Proof of Insurance PUBLIC HEARINGS - None Effective Jamtctry 1, 2023, Government Code Section 65103.5 (SB 1214) Limits the distribution of copyrighted materia( associated with the revie;xo of developynent projects. Members of t7ie public wislii;ng to viezo p(ans that cannot otherwise be distributed ;imder SB 1214 may yrtalce an appointment zoith the P(anning Division to view them at City Hall by sending an emai7 to p7ayming@cupertino.org. Plans will also be made ava'dctble digitally during tlie hearing to consider the proposal ACTION CALENDAR 8.FY 2023-24 Internal Audit Program Recommended Action: Approve the FY 2023-24 Internal Audit Program Presenter: Jonathan Orozco, Finance Manager A - FY 23-24 hiternal Audit Program 9. : Adoption of amendments to the Cupertino Municipal Code, Chapter 9.22, expanding existing property maintenance requirements in accordance with California Health and Safety Code 17970.5 Page 5 City Council Agenda September 19, 2023 Recommended Action: Conduct the first reading of Ordinance No. 23-2250: "An Ordinance of the City Council of the City of Cupertino Amending City Code Chapter 9.22 of Title 9 (Health and Sanitation) to Prohibit Substandard Housing Conditions. Presenter: Monica Diaz, Senior Code Enforcement Officer A - Draft Ordinance B - Assembly Bill 838 C - California Health and Safety Code section 17970.5 D - California Health and Safety Code section 17920.3 E - California Health and Safety Code section 17920.10 10. : Amendments to the Cupertino Municipal Code Chapter 5.50 of Title 5 (Business Licenses and Regulations), regulating the sale of tobacco products Recommended Action: Conduct the first reading of Ordinance No. 23-2251: "An Ordinance of the City Corincil of the City of Cupertino Amending Chapter 5.50 to Title 5 (Business Licenses and Regulations) to Regulate the Sale of Tobacco Products" Presenter: Christopher Jensen, City Attorney A - Agreement Between the Corinty and Cupertino for a Tobacco Retail Permit Program B - Draft Ordinance (Redline) C - Draft Ordinance (Clean) D - Letter to Tobacco Retailers in Cupertino 11. : Revisions to City of Cupertino Ethics Policy Recommended Action: Direct the City Attorney to revise the City of Cupertino Ethics Policy to incorporate the provisions of the 2018 City's Ethics Code, as amended to ensure consistency with the City Council Procedures Manual and to address recommendations of the City's internal auditor, and provide direction on any additional Ethics Policy revisions Presenter: Christopher Jensen, City Attorney A - Resolution No. 20-011 (Adopting the City of Cupertino Ethics Policy B - Resolution No. 18-115 (Adopting the City of Cupertino Code of Ethics and Condrict for Elected and Appointed Officials) C - Civil Grand Jury Report, "A House Divided: Cupertino City Council and Staff" D - Fact-Finding Report E - Enterprise Leadership Assessment F - Btlncs Code Menu/Worksheet G - Survey Results COUNCI[ REPORTS AND COMMENTS 12. : Councilmember Reports Page 6 City Council Agenda September 19, 2023 A - Council Reports Fruen B - Council Reports Mohan C - Corincil Reports Wei CITY MANAGER REPORT ORAL COMMUNICATIONS - CONTINUED INFORMATIONAL ITEMS Information iteins are intended to provide backgroxmd i;nformatio;n and routine reports to Coxmci7ynembers and the public, without discussion by Cotmcil. Members of the pubdic wishing to coyrtment on informcttiona( items should do so during oral commvmications 13. : Receive the Monthly Treasurer's Report for August 2023 Recommended Action: Receive the Monthly Treasurer's Report for August 2023 Staff Reoort A - Report of City-wide Receipts, Disbursements, and Cash Balances August 2023 B - Report of City-wide Fund BalancesNet Position August 2023 14, : Receive the Monthly Treasurer's Investment Report for August 2023 Recommended Action: Receive the Monthly Treastrer's Investment Report for August 2023 A - Chandler Investment Report August 2023 COUNCI[ AND STAFF COMMENTS AND FUTURE AGENDA ITEMS ADJOURNMENT Lobbyist Registration and Reporting Requirements: Individuals zoho influeyice or attempt to influence legislative or administrative action may be required by the City of Cupertino's Lobbyiyig ordinance (Cupertino Municipa7 Code Chapter 2.100) to register and report lobbying activiti). Persons whose communicrttions regarding any (egis(ative or admiizistrative are so(ely limited to appearing at or submitting testimony for any public yneetiyig field by the Cih) are not required to register as Lobbyists. For inore infor'ination about the lobbying ordinance, please contact the Citi) Clerk's Office at 10300 Torre Avenue, Cupertino, CA 94107; telep)'xone (408) 777-3223; emai7 cih)c7erk@cupertino.org; and website: zowto.cupertino.org/Lobbyist. The Citi) of Cupertino lias adopted the provisions of Code of Civi7 Procedure §1094.6; 7itigcttion chcdlenging ct find decision of the City Coxmc'd must be brought within 90 days after a decision is annourtced u'rdess a shorter time is required by State or Federal law. Prior to seeking judicia7 review of any adjudicatory (quctsi-fitdicial) decision, interested persons must file a petition for reconsidercition witJiirt ten calendar days of the date t)ie City Clerk mails notice of th.e Page 7 City Council Agenda September 19, 2023 City's decision. Reconsiderrttxon petitions must compiy zoith tlie requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's office for more information or go to littp://www.cupertino.org/cityclerk for a reconsideration petition fmm. 77? compliance with the Americans witli Disabilities Act (ADA), anyone who is p(anning to attend this meeting who is visually or hearing iynpaired or has any disabilih) that needs specia( assistance shou(d caL7 the City Clerk's Office at 408-777-3223, at Least 48 liours in advance of the meeting to arrange for assistance. In addition, upon request, in advance, by a person with a disctb'dity, meeting agendas and writings distributed for the meeting that are public recmds wiu be made available in the appropriate alternrttive formctt. Any zoritings or doc;im;xe;nts provided to a majoriti) of the Cupertirto City Coxmci7 after publication of the packet will be made ctvailable for public inspection in the City Clerk's Office located at Cih) Hall, 10300 Torre Avewe, Cupertino, California 95014, during norma7 business hours; and 'm Counci7 packet archives li;nked from the agenda/minutes page on the Cupertino zoeb site. IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Mzmicipa7 Code section 2.08.100 written communicatioyis sent to the Cupertino City Courtci[, Commissioners or Cih) staff concer'ning a matter on tlie agertda are included as suppLementct7 material to tl'te agertdized item. These ziyritten comymmications are accessibre to the public tl'trough the Citi)'s website and kept in packet archives. Do not include any personal or private information in zoritten commmicatioris to the City tliat you do not wish to make public, as zoritten com'tmmications are considered p'ttblic records and will be made publicly available on the City website. Page 8 THECITYCOUNCIL ANDSTAFF 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 - SantaC1araValleyWaterCommissionandWaterDistrict - SCCTransportationAuthoritym - 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 officg 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 COUNCII 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 far 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 iudicial 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=l25 for a reconsideration petition form. COMMUNICATING WITH COUNCIL All Council members: Hung Wei Sheila Mohan Liang Chao J.R. Fruen Kitty Moore Executive Assistant City Hall citycouncil@cupertino.org HWei@cupertino.org SMohan@cupertino.org LiangChao@cupertino.org JRFruen@cupertino.org KMoore@cupertino.org Debran@cupertino.org www.cupertino.org 408 777-3139 408 777-1326 408 777-3192 408 777-1316 408 777-1389 408 777-3212 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. Thursday (replay) 7:00 p.m. INTERNET City Council and Planning Commission videos are available on demand at www.cupertino.org. Select "I Want To, View City Council meetings". Friday (replay) 10:00 a.m. Saturday (replay) 9:00a.m. 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 annou ncements. USEFUL TEIEPHONE 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 RecologySouthBay (408)725-4020 Gas & Electricity Pacific Gas & Electric (PG&E) 1-800-743-5000 Recreation&Community QuinlanCommunityCenter (408)777-3120 SeWces 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 SanitarySewers CupertinoSanitary District (408)253-7071 Water SanJoseWater (408)279-7900 CaliforniaWater (650)917-0152 PQS [2 '!! ta'x-i J J- S I IN-PERSON AND TELECONFERENCE / PUBLIC PARTICIPATION INFORMATION Members of the public wishing to obsetve 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 4:00p.m. on Wednesday, September 6to 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 may provide oral public comments during the Special Meeting as follows: Otal 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 Page I CityCounci-l Agenda Septembet6,2023 lectern/microphone, and are requested to complete a Speaker Card and identify themselves. Completion of Speaker Cards and idetttifying 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 meeting: Online Register in advance for this webinar: https://cityofcupertino.zoom.us/webinar/register/WNDLmEqiYER3SA48vWDCCVLQ Phone Dial: 669-900-6833 and enter Webinar ID: 990 5322 6294 (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: 990 5322 6294 SIP: 99053226294@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, Page 2 CityCouncil Agenda September6,2023 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 speaking. These documents will posted to the City's website after the meeting. 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 06, 2023, commencing 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 CALL TO ORDER PLEDGE OF AL[EGIANCE ROLL CALL CLOSED SESSION REPORT CEREMONIAL ITEMS 1.$: Prodamation recognizing September as National Suicide Prevention Month Recommended Action: Present proclamation recognizing September as National Suicide Prevention Month A - Prodamation POSTPONEMENTS AND ORDERS OF THE DAY ORAL COMMUNICATIONS This portiort of the meeting is reserved for persorrs zoishing to address the Co'bmcil on any matter with'm the jurisdictiorx of the Cormcil and not on the agenda for discussion, inc7uding irxformationa7 items. The tota) time for Oral Commrmications zoil7 ordinarily be limited to one hour. Individual speakers are limited to three (3) minutes. As necessary, the Chair may fitrther Limit the time allowed to individual speakers, or reschedtde remain'mg comments to the end of the meeting on a first come first heard basis, zoith priority given to studertts. In most cases, State Law zoil7 prohibit the Courtci7 from discuss'mg or making any decisions roith respect to a matter not (isted on the agenda. A councilmember may, Page 3 City Council Agenda September 6, 2023 however, briefly respond to statements made or questiorts posed by speakers. A councilmember may also ask a question for clarification, provide a reference for factual i;nformation, 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 2-5) Items appearing on the Consent Calendar are considered routine Cih) busirtess arid may be approved by orte motion. Typical items may include meeting mimttes, azoards of corxtracts, the ratification of accourxts payable, and second readirtgs of ordirxances. Any member of the Covmcil may request to have an item removed from the Consent Calendar based on the rules set forth in the City Co'bmcil Procedures Manual. Members of the public may provide input O?Z one or more consent calendar items whert the Mayor asks for public comments on the Consent Calendar. 2. $: Approve the July 18 City Cou"icil minutes Recommended Action: Approve the July 18 City Council minrites A - Draft Minutes 3. $: Approve of the July 25 City Council minutes Recomrnended Action: Approve the July 25 City Council minutes A - Draft A/Iinutes 4.Ratifying Accorints Payable for the periods ending July 7, 2023; July 14, 2023; Jily 21, 2023; and July 28, 2023. Recommended Action: A. Adopt Resolution No. 23-095 ratifying Accotnts Payable for the Period ending July 7, 2023; B. Adopt Resolution No. 23-096 ratifying Accounts PayabIe for the Period ending July 14, 2023; C. Adopt Resolution No. 23-097 ratifying Accoints Payable for the Period ending July 21. 2023: and D. Adopt Resolution No. 23-098 ratifying Accounts Payable for the Period ending July 28. 2023. A - Draft Resolution 7.7.23 B - Weekly AP Payment Reg'ster for the Period Ending 7.7.23 C - Draft Resolution 7.14.23 D - Weekly AP Payment Register for the Period Ending 7.14.23 E - Draft Resolution 7.21.23 F - Weekly AP Payment Register for the Period Ending 7.21.23 G - Draft Resolution 7.28.23 H - Weekly AP Payment Register for the Period Ending 7.28.23 5. $: Approve a First Amendment to the agreement with NexInite, LLC., to support the functionality of the Capital Improvement Program (CIP) Management Hub. Page 4 City Council Agenda September 6, 2023 Recommended Action: Authorize the City Manager to exeaite a First Amendment to the agreement with NexInite, LLC., to support the functionality of the Capital Improvement Program (CIP) Management Hub, increasing the not-to-exceed contract amount to $255,000 and extending the term of the agreement to June 30, 2026. Staff Repoort A - Agreement No. 21-278 NexInite, LLC., for CIP Management Hub B - First Amendment to CIP Management Hub Agreement PUBLIC HEARINGS - None Effective January 1, 2023, Government Code Section 65103.5 (SB 1214) limits the distribution of copyrighted materia7 associated with the review of development projects. Members of the public wishing to view plans that cannot otherwise be distributed urtder SB 1214 may make an appointment with the Plarming Division to view them at City Hall by sending an email to plartning@cupertino.org. Plarxs wiu also be made available digitally during the hearing to consider the proposaL ACTION CALENDAR 6.$: Enterprise Leadership Assessment Audit Final Report Recommended Action: Receive the Enterprise Leadership Assessment Audit Final Report Presenter: Kristina Alfaro, Director of Administrative Services Staff repoort A - City of Cupertino Enterprise Leadership Assessment Audit Final Report 7.$: Review of Corincilmember compliance with Municipal Code Chapter 2.17, recommendations in May 2023 Fact Finding Report, and related governance issues Recommended Action: Consider findings regarding Councilmember compliance with Minicipal Code Chapter 2.17, recornrnendations in May 2023 Fact Finding Report, and related governance issues, and provide direction on further measures to improve govemance practices, as recommended below Presenter: Christopher Jensen, City Attorney Staff Report A - Grand Jury Report - "A House Divided: Cupertino City Corincil and City Staff" B - City of Cupertino Response to Grand Jury Report C - Fact Finding Report D - Enterprise Leadership Assessment E - Enterprise Risk Assessment 8.$: Revisions to Cupertino City Coincil Procedures Manual Recommended Action: Provide input regarding revisions to Cupertino City Council Procedures Manual Presenter: Christopher Jensen, City Attorney Page 5 City Council Agenda September 6, 2023 Staff Report A - Resolution No. 23-021 (Cupertino City Corincil Procedrires Manual) B - Enterprise Leadership Assessment COUNCIL REPORTS AND COMMENTS 5: Coincilmember Reports A - Corincil Reports Fnien B - Council Reports Wei CITY MANAGER REPORT ORAL COMMUNICATIONS - CONTINUED INFORMATIONAL ITEMS Informatiorx items are irttertded to provide backgrovmd i4ormation arid routirte reports to Councilmembers a;nd the public, without discussion by CounciL Members of the public wishing to comyrtent on informational items shordd do so dur'mg oral commrmicatiorts. 10. $: Update on renewed Friendship City Organizations Recornrnended Action: Receive update on renewed Friendship City Organizations Informational Memorandum A - Sister and Friendship City Policy B - New Taipei City Renewal Doaunents C - Taiching Renewal Documents D - Tongxiang Renewal Documents E - Xianning Renewal Docirnents 11.6: Receive the Treasurer's Investment Report for the Quarter Ending June 30, 2023 Recommended Action: Receive the Treasurer's Investment Report for the Quarter Ending June 30, 2023 A - Chandler Investment Report Jine 2023 B - Chandler Custodial Statement Jine 2023 C - PARS Pension and OPEB Accoint Statement June 2023 D - LAIF Accoint Statement June 2023 12. 6: Receive the Monthly Treasurer's Report for July 2023 Recornrnended Action: Receive the Monthly Treasurer's Report for July 2023 A - Report of City-vvide Receipts, Disbursements, and Cash Balances July 2023 B - Report of City-wide Fiu'id BalancesNet Position July 2023 13. $: Receive the Monthly Treasurer's Investment Report for July 2023 Page 6 City Council Agenda September6,2023 Recommended Actioi"i: Receive the Monthly Treasurer's Investment Report for July 2023 A - Chandler Investment Report July 2023 COUNCIL AND ST AFF COMMENTS AND FUTURE AGENDA ITEMS ADJOURNMENT Lobbyist Registration and Reporting Requirements: Individuals who influence or attempt to influence legislative or administrative actio;n may be required by the Cih) of Cupertino's lobbying ordinance (Cupert'mo Municipa7 Code Chapter 2.100) to register arxd report lobbyirtg activity. Persons zohose communications regardiryg any legislative or administrative are solely )imited to appearing at or submitting testimo;ny for any public meeting held by the Cih) are not required to register as 7obbyists. For more information about the lobbying ordinance, please contact the City Clerk's Office at 10300 Torre Avemte, Cupertino, CA 94107; telephone (408) 777-3223; email cityclerk@cupertino.org; and website: zozow.cupertino.org/lobbyist. The City of Cupert'mo has adopted the provisions of Code of Civil Procedure §1094.6; Litigation challenging a final decision of the Cih) Cormcil must be brought with'm 90 days after a decision is armounced urdess a shorter time is required by State or Federal Jaw. Prior to seelcing judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration with'm ten calendar days of tlie date the City Clerk mails rxotice 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:/howw.cupertirxo.org/cih)clerk for a reconsideratiory petition form. Irx compliartce zoith the Americans with Disabilities Act (ADA), arxyone who is planning to attend this meeting who is visually or hearing impaired or has any disability that rteeds specia7 assistance should call the City Clerk's Office at 408-777-3223, at Least 48 hours in advance of the meeting to arrarxge for assistance. h additiory, upon request, irx advance, by a person with a disability, meeting agendas and 'xoritings distributed for t7ie meetirtg that are public records zoil7 be made available 'm the appropriate alternative format. Arxy writings or documents provided to a majority of the Cupertino City Cou;ncil after publication oj the packet wil7 be made avai7able for public inspection irx the Cih) Clerk's Office located at City Hall, 10300 Torre Avertue, Cupertino, California 95014, during norma7 bus'mess hours; and in Cormci7 packet archives Linked from the agertda/minutes page orx the Cupertirto zoeb site. IMPORTANT NOTICE: Please be advised that pursuant to Cupert'mo Municipa7 Code sectio;n 2.08.100 written commurxications sent to the Cupertirxo Cih) Covmcil, Commissio;+'yers or City staff Page 7 City Council Agenda September 6, 2023 concerning a matter on the agenda are included as supplemerxtal material to the agendized item. These zoritten commurticatiorxs are accessible to the public through the City's roebsite and kept in packet archives. Do not inchtde any persoryal or private irxformation in written communications to the City that you do not wish to make public, as roritten communications are considered public records and will be made publicly available on the City website. Page 8 THE CITY COUNCIL AND ST AFF 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 G2.08.096. Contact the City Clerk's office for more information or go to www.http://www.cupertino.org/index.aspx?page=l25 for a reconsideration petition form. COMMUNICATING WITH COUNCIL All Council members: citycouncil@cupertino.org HungWei HWei@cupertino.org (408)777-3139 i Sheila Mohan SMohan@cupertino.org (408) 777-1326 Liang Chao LiangChao@cupertino.org (408) 777-3192 J.R. Fruen JRFruen@cupertino.org (408) 777-1316 Kitty Moore KMoore@cupertino.org (408) 777-1389 Executive Assistant Debran@cupertino.org (408) 777-3212 CityHall www.cupertino.org (408)777-ClTY 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,asleastonecopymustbegiventotheCityClerkforthepermanentrecord,andtencopiesarepreferred. ' 10:00 a.m. 9:00 a.m. 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) Thursday (replay) 7:00 p.m. Saturday (replay) INTERNET City Council and Planning Commission videos are available on demand at www.cupertino.org. Select "l 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 a nnouncements. 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 RecologySouthBay (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 SanJoseWater (408)279-7900 CaliforniaWater (650)917-0152 CITY OF CuPERTINO OFFICE OF THE CITY CLERK CITY HALL 10300 TORRE AVENUE - CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3223 - FAX: (408) 777-3366 CUPERTINO.ORG CUPERTINO CITY COUNCIL NOTICE OF CANCELI,ATION NOTICE IS HEREBY GIVEN that the regiilar meeting of the Cupertino City Council scheduled for Tuesday, August 15, 2023 beginning at 6:45 p.m. in Cornmtunty Hall Council Chamber, 10350 Torre Avenue, Cupertino, CA 95014 and via teleconference, is cancelled. Tlie next meetiiig will be held on Wednesday, September 06, 2023 beginning at 6:45 p.m. in Community Hall Coincil Chamber, 10350 Torre Avenue, Cupertino, CA 95014 and via teleconference. Dated this 3" day of August, 2023 ST.A"t '}2 0F' €Ij'tL-xb'(.-o:< it-ai PC.i'SalF.!) a-l-)iuE i'. Laffren Sapudar Deputy City Clerk CITY OF ST,'TE OF CALIF, CUPERTINO BULLETIN BOARD AT CNTY fIALL. NOTICE IS HEREBY GIVEN that the regular meeting of the Cupertino City Council scheduled for Tuesday, August 01, 2023 begiru'iing at 6:45 p.m. in Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, CA 95014 and via teleconference, is cancelled. The next meeting will be held on Wednesday, September 06, 2023 beginning at 6:45 p.m. in Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, CA 95014 and via teleconference. Dated this 26'h day of July, 2023 Lauren Sapudar Deputy City Clerk S"('t':ZEC'?t-C'f'L-n:a' a'. Tuesday, July 25, 202,S Televised Special Meeting IN-PERSON AND TELECONFERENCE / PUBLIC PARTICIP ATION 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 4:00p.m. on Tuesday, July 25to the Council at citycouncil@cupertino.org. These e-mail comments will also be fomarded 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 may provide oral public comments during the Special Meeting as follows: 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. Page I City Council 3) Teleconferencing Instructions Agenda July 25, 2023 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/WNPFadKKNmRe6JdQDG-81C3w Phone Dial: 669-900-6833 and enter Webinar ID: 924 1500 2859 (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: 924 1500 2859 SIP: 92415002859@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 wall 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. Page 2 City Council Agenda July 25, 2023 5. Members of the public that wish to share a document must email cityclerk@cupertino.org prior to speaking. These documents will posted to the City's website after the meeting. 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 Tuesday, July 25, 2023, commencing at 5:00 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." SPECIA[ MEETING ROL[ CALL STUDY SESSION 1.$: SUtdy Session and staff presentation on the 6th Cycle Housing Element Update Recommended Action: Receive the staff presentation on the 6th Cycle Housing Element Update and confirm sites selection strategy and provide policy direction. A - Presentation ACTION CALENDAR 2.Consider taking a position in support of, in opposition to, or otherwise regarding Senate BilI ("SB") 423: Streamlined Housing Approvals: Multifamily Housing Developments Recommended Action: Consider taking a position in support of, in opposition to, or otherwise regarding SB 423 A - SB 423 (redline) B - SB 423 Assembly Natural Resources Summary ADJOURNMENT Lobbyist Registration and Reportirtg Requirements: Irtdividuals who influence or attempt to influence Legislative or administrative action may be required by the Cih) of Cupertino's lobbying ordinance (Cupert'mo Municipal Code Chapter 2.100) to register arid report (obbying activity. Persons zohose communications regarding any legislative or adm'mistrative are solely limited to appearing at or submitting testimony for any public meeting held by the City are not required to register as Iobbyists. For more informatio+z about the lobbying ordinance, please contact the City Clerk's Office at 10300 Page 3 CityCouncil Agenda July25,2023 Torre Avenue, Cupertirxo, CA 94107; telephone (408) 777-3223; email cityclerk@cupertmo.org; and zoebsite: wrozo.cupertino.orgl(obbyist. The Cih) of Cupertino has adopted the provisions of Code of Civi( Procedure §1094.6; Litigation challeng'mg a j-mal decisiory of the City Counci( must be brought within 90 days after a decisiort is announced urdess 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 zoithin ten calertdar days of the date the City Clerk mails rxotice of the City's decision. Recortsideration petitions must comply with the requirements of Cupert'mo Municipal Code §2.08.096. Contact the City C(erk's office for more i4ormation or go to http://zozoro.cupertino.org/cih)clerk for a reconsiderahon petition form. h compliance with the Americans zoith Disabilities Act (ADA), anyone zoho is planrting to attend this meetirtg who is visually or hear'mg impaired or has any disability that needs special assistance shoudd call the City Clerk's Office at 408-777-3223, at least 48 hours in advarzce of the meeting to arrange for assistance. In addition, upo;n request, in advance, by a person with a disability, meeting agendas and writ'mgs distributed for the meeting that are pub(ic records zoi7l be made avai7ab7e'm the appropriate alternative format. Arty writings or documents provided to a majority of the Cupertino City Council after publicatiort of the packet will be made available for public inspection in the City Clerk's Office 7ocated at City Hail 10300 Torre Avertue, Cupertino, California 95014, during normal busirtess hours; and ire Counci7 packet archives Linked from the agertda/minutes page on the Cupertino web site. IMPORTANT NOTICE: P4ease be advised that pursuant to Cupert'mo Murticipal Code sectiort 2.08.100 written communications sent to the Cupertirgo City Coycil Commissio;ners or Cify staff concerning a matter on the agertda are included as supplemerttal material to the agertdized 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 i4ormatiort iri written communications to the City that you do not wish to make puMic, as written communications are considered public records and will be made puMicly avai7able 072 the City website. Page 4 CITY OF C{JPE,RTTN0 < ,)"SC-" a-a - 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 commertts 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 "oral communications" for matters not on the agenda, and 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 Tuesday, July 18 to the Council at citycouncil@cupertino.org. These e-mail comments will also be posted to the Page 1 City Council Agenda July 18, 2023 City's website before and after 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: pnline Register in advance for this webinar: https://cityofcupertino.zoom.us/webinar/register/WNaKGfqHdsT2SYjmKpeoAww Phone Dial: 669-900-6833 and enter Webinar ID: 926 1397 9821 (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: 926 1397 9821 SIP: 92613979821@zoomcrc.com After registering, you will receive a confirmation email containing information about joining the webinar. Please read the following instt'uctions 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. Page 2 City Council Agenda July 18, 2023 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 speaking. These documents will posted to the City's website after the meeting. ROLL CALL - 6:00 PM 10300 Torre Avenue, Conference Room C CLOSED SESSION 1. $: Conference with legal counsel - existing litigation pursuant to Government Code § 54956.9 (one case) - California Housing Defense Fund et al. v. City of Cupertino, Santa Clara County Superior Court Case No. 23CV410817 RECESS CALL TO ORDER - 6:45 PM 10350 Torre Avenue, Community Hall and via Teleconference PLEDGE OF ALLEGIANCE ROLL CALL C[OSED SESSION REPORT CEREMONIAL ITEMS - None POSTPONEMENTS AND ORDERS OF THE DAY ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the Cormci7 07? any matter within the jurisdiction of the Cormcil and not 07? the agenda for discussion, including informational items. The tota! time for Oral Commtmications wi(L ordinarily be limited to o;ne liour. Individua7 speakers are Limited to three (3) mimttes. As ;necessary, the Chair may fitrther limit the time allowed to individual speakers, or reschedule rema'tning commertts to the ertd of the meeting on a first come first heard basis, with priorih) given to students. In most cases, State 7aw wil7 prohibit the Council from discussing or making any decisions with respect to a matter not Listed 07? 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 informatio;n, request staff to report back concerning a matter, or request tliat an item be added to a fitture City Counci7 agertda in response to pub(ic commertt. Page 3 City Council Agenda July 18, 2023 CONSENT CALENDAR (Items 2-9) Items appearing on the Consent Calendar are considered routine Cih) business and may be approved by one motion. Typical items may include meeting minutes, awards of contracts, the ratification of acco'vmts payable, and second readings of ordinances. Arty member of the Co;imci7 may request to have a;n item removed from the Consent Ca(endar based 07? the rtdes set forth in the City Council Procedures Mamtal. Members of the public may provide input 07? one or more consent calertdar items whert the Mayor asks for public comments 07? the Consent Calendar. 2. $: Consider approval of the July 6 City Council minutes Recommended Action: Approve the July 6 City Council minutes A - Draft Minutes 3.$: Consider ratifying Accounts Payable for the periods ending June 2, 2023; June 9, 2023; June 16, 2023; June 23, 2023; and June 30, 2023. Recommended Action: A. Adopt Resolution No. 23-085 ratifying Accounts Payable for the Period ending June 2, 2023; B. Adopt Resolution No. 23-086 ratifying Accounts Payable for the Period ending June 9, 2023; C. Adopt Resolution No. 23-087 ratifying Accounts Payable for the Period ending June 16, 2023; D. Adopt Resolution No. 23-088 ratifying Accounts Payable for the Period ending June 23, 2023; and E. Adopt Resolution No. 23-089 ratifying Accounts Payable for the Period ending June 30, 2023. Staff report A - Draft Resolution 6.2.23 B - Weekly AP Payment Register for the Period Ending 6.2.23 C - Draft Resolution 6.9.23 D - Weekly AP Payment Register for the Period Ending 6.9.23 E - Draft Resolution 6.16.23 F - Weekly AP Payment Register for the Period Ending 6.I6.23 G - Draft Resolution 6.23.23 H - Weekly AP Payment Register for tlie Period Ending 6.23.23 I - Draft Resolution 6.30.23 l - Weekly AP Payment Register for the Period Ending 6.30.23 4.$: Consider a second reading and act on Ordinance No. 23-2249, amending Municipal Code Chapter 2.100 (Regulation of Lobbying Activities) Recommended Action: Conduct a second reading and enact Ordinance No. 23-2249; "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING CITY CODE CHAPTER 2.100," (Regulation of Lobbying Activities) A - Draft Ordinance Page 4 City Council Agenda July 18, 2023 $: Consider authorizing the City Manager to execute the Fourth Amendment to the recreation agreement with Red Line Gymnastics LLC, DBA Bay Aerials Gymnastics, a Limited Liability Company for Gymnastics Classes and Programs Recommended Action: Authorize the City Manager to execute a Fourth Amendment to the recreation agreement with Red Line Gymnastics LLC, DBA Bay Aerials Gymnastics, a limited liability company, increasing the amount by $643,028.80 for a total amount not to exceed $817,028.80 and extending the term of the agreement to December 31, 2026 Staff Report A - Bay Aerials Gymnastics Agreement, First, Second, and Third Amendments B - Draft Fourth Amendment $: Award of a construction contract for the Blackberry Farms Pool Improvements Project to Adams Pool Solutions for replastering the pools Recommended Action: 1. Award a construction contract for the Blackberry Farms Pool Improvements Project (Project No. 2022-107P) in the amount of $320,609.25 to Adams Pool Solutions; 2. Authorize the City Manager to execute the contract when all conditions have been met; and 3. Authorize the Director of Public Works to execute any necessary construction change orders up to a construction contingency amount of $32,060.93 (10%) for a total contract amount of $352,670.18 Staff Report A - Draft Contract $: Annual Evaluation Report on the Federal Emergency Management Agency (FEMA) Community Rating System's (CRS) Program for Public Information Recommended Action: Adopt Resolution No. 23-090 accepting the Annual Evaluation Report for Fiscal Year (FY) 2023 (year two) of the 2021 Santa Clara County Multi-Jurisdictional Program for Public Information Staff Reoort A - Draft Resolution B - Annual Evaluation Report for FY 23 $: Acceptance of $3,205,620 in the Highway Safety Improvement Program (HSIP) grant funding from the State of California (State) for improving safety on 17 roadway segments in the City of Cupertino Recommended Action: 1. Adopt Resolution No. 23-091 accepting $3,205,620 in HSIP grant funding from the State of California for safety improvements on 17 roadway segments in the City of Cupertino; and 2. Authorize the City Manager to execute all documentation necessary to accept the grant funding Page 5 City Council Agenda July 18, 2023 Staff Report A - Draft Resolution 9.$: Cost sharing agreement between the City of Cupertino and the Midpeninsula Regional Open Space District for the Cristo Rey Bike Lanes Project Recommended Action: 1. Authorize the City Manager to negotiate and execute a cost sharing agreement between the City of Cupertino and the Midpeninsula Regional Open Space District for the Cristo Rey Bike Lanes Project; and 2. Adopt Resolution No. 23-092 approv'mg budget modification #2324-295, increasing appropriations in the Capital Improvement Program Capital Projects Fund (420-99-036) by $30,000 and Capital Reserve (429-90-001) by $30,000, transferring $15,000 funds from the Capital Reserve to Capital Improvement Program Capital Projects Fund (420-99-036) and increasing estimated revenues by $15,000 Staff Report A - Draft Agreement B - Draft Resolution PUBLIC HEARINGS Effective January 1, 2023, Government Code Section 65103.5 (SB 1214) Limits the distribution of copyrighted materia7 associated with the review of developme;nt projects. Members of the public wishing to view plans that camot otherwise be distributed vmder SB 1214 may malce an appointment with the P(amting Divisio;n to view them at City Hal7 by sending an email to planning@cupertino.org. PJans wil7 also be made available digitally during the hearing to consider the proposaL 10. $: Hearing to consider approval of lieu assessment and collection of fees on private parcels resulting from abatement of public nuisance (weeds and/or brush) for the annual Weed and Brush Abatement Programs and accompanying budget appropriation request Recommended Action: 1. Conduct public hearing to consider objections from any property owners listed on the assessment report; 2. Adopt the Resolution No. 23-093 approvmg the lien assessment and collection of fees on private parcels for the annual Weed and Brush Abatement Programs; and 3. Approve budget appropriations of $7,454 in the General Fund (100-13-133 480-401) to fund properties that passed the initial inspection Presenter: Kirsten Squarcia, City Clerk A - Draft Resolution and Exhibit A B - Assessment Report (Exhibit A) C - Passed Inspection Report D - Adopted Resolution Ordering Abatement E - City Mailed Hearing Notice F - November 2. 2020 Minutes Page 6 City Council Agenda July 18, 2023 23-094 approving FY 2023-24 Fee and Schedules B and C effective 11. $: Fiscal Year (FY) 2023-24 Fee Schedule Update Recommended Action: Adopt Resolution No. 23-094approving effective July 19, 2023, and Schedules B aSchedules A. D. and E September 17, 2023 Presenter: Jonathan Orozco, Finance Manager A - FY 2023-24 Proposed Fee Schedule A - General (Redline) B - FY 2023-24 Proposed Fee Scliedule B - Engineering (Redline) C - FY 2023-24 Proposed Fee Schedule C - Planning (Redline) D - FY 2023-24 Proposed Fee Schedule D - Building (Redline) E - FY 2023-24 Proposed Fee Schedule E - Parks & Recreation (Redline) F - FY 2023-24 Proposed Fee Schedule A - General (Clean) G - FY 2023-24 Proposed Fee Schedule B - Engineering (Clean) H - FY 2023-24 Proposed Fee Scliedule C - Planning (Clean) I - FY 2023-24 Proposed Fee Schedule D - Building (Clean T - FY 2023-24 Proposed Fee Schedule E - Parks & Recreation (Clean) K - User Fee Study 2016 L - Draft Resolution No. 23-XXX approving FY 2023-24 Fee Schedules A, B, C, D, and E ACTION CALENDAR 12. $: Consider scheduling a Council agenda item to update the FY 23-25 City Work Program to include an item relating to the Noise Ordinance Recommended Action: Direct staff to 1) proceed or 2) not proceed with necessary analysis regarding preparing an update to the FY 23-25 City Work Program Presenter: Pamela Wu, City Manager Staff Report 13. $: Consider taking a position in support of, in opposition to, or otherwise regarding or in response to Senate Bill 403, amending the Unruh Civil Rights Act to clarify that existing state law prohibitions on discrimination based on ancestry prohibit discrimination based on caste or other inherited status Recommended Action: Consider taking a position in support of, in opposition to, or otherwise regarding or in response to Senate Bill 403, amending the Unruh Civil Rights Act to clarify that existing state law prohibitions on discrimination based on ancestry prohibit discrimination based on caste or other inherited status Presenter: Christopher Jensen, City Attorney Staff Reoort A - Senate Bill 403 B - SB 403 Assembly Judiciary Bill Summary COUNCIL REPORTS AND COMMENTS 14. $: Councilmember Reports Page 7 City Council Agenda July 18, 2023 Council Report, Fruen Council Report, Mohan Council Report, Wei CITY MANAGER REPORT ORA[ COMMUNICATIONS - CONTINUED INFORMATIONAL ITEMS Information items are 'mtended to provide baclcgrormd information and routine reports to Co'bmcilmembers and the public, without discussio;n by Cormcil. Members of the public wishing to comment on'mformational items should do so during oral commrmications. 15.$: Legislative Process and Bill Watch List Recommended Action: Receive update on Legislative Process and Bill Watch List Informational Memorandum A - Resolution No. 23-026 B - Bill Watch List 16. $: FY 2022-2023 City Work Program Fourth Quarter Update Recommended Action: Receive FY 2022-2023 City Work Program Fourth Quarter Update Informational Memorandum A - FY 22-23 City Work Program 04 Dashboard Printout 17.$: Streetlight Transition Assessment Report Recommended Action: Receive the Streetlight Transition Assessment Information Report Informational Memorandum A - Streetlight Transition Assessment Report B - LED Streetlight Fixture Pilot Report C - Memo to Council Re: Pilot LED Installations 18. : Receive the Monthly Treasurer's Report for June 2023 Recornrnended Action: Receive the Monthly Treasurer's Report for June 2023 A - Report of City-wide Receipts, Disbursements, and Cash Balances June 2023 B - Report of City-wide Fund BalancesNet Position Ju"ie 2023 19. $: Receive the Monthly Treasurer's Investment Report for June 2023 Recommended Action: Receive the Monthly Treasurer's Investment Report for June 2023 A - Chandler Investment Report June 2023 Page 8 City Council Agenda July 18, 2023 COUNCIL AND ST AFF COMMENTS AND FUTURE AGENDA ITEMS ADJOURNMENT Lobbyist Registration and Reporting Requirements: Individuals who influence or attempt to influe;nce Legislative or adm'mistrative actio;n may be required by the Cih) of Cupertino's lobbying ord'mance (Cupertino M;bmicipa7 Code C7iapter 2.100) to register and report lobbying activiti). Persons whose communications regarding any Legislative or administrative are so(ely limited to appearing at or submitting testimony for any public meeting hedd by the Cih) are not required to register as lobbyists. For more information about the lobbying ordinance, please contact t7ie Cih) Clerk's Office at 10300 Torre Avemie, Cupert'mo, CA 94107; telep7ione (408) 777-3223; email cih)clerk@cupertino.org; and website: www.cupertino.org/lobbyist. The Cih) of Cupertino has adopted the provisions of Code of Civi7 Procedure §1094.6; litigation cliallengi;ng a fina7 decision of the City Council must be brought wit7iin 90 days after a decision is a;nnormced rtrdess a shorter time is required by State or Federa7 Law. Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must fde a petition for reconsideration zoith'm ten calendar days of t7ie date the City Clerk mails ;notice of the City's decision. Reconsideration petitions must comply zoith t7ie requirements of Cupertino Municipa( Code §2.08.096. Contact the City C7erk's office for more information or go to http://www.cupertino.org/cih)clerk for a reconsideration petition form. 17? complia;nce with the Americans with Disab'dities Act (ADA), anyone who is plan;ning to attend this meeting who is visually or hearing impaired or has any disability that needs special assistance shotdd cau the Cih) Clerk's Office at 408-777-3223, at least 48 hours in advance of the meeting to arrange for assistance. Irt addition, upon request, in advance, by a person witli a disabilih), meeting age;ndas and writings distributed for the meeting that are public records w'd7 be made available in the appropriate a'Lternative format. Any writings or documents provided to a majority of the Cupertino City Co't,mcil after publication of the packet will be made avai(ab7e for public inspection in the Cih) Clerk's Office Located at Cih) Hall 10300 Torre Avenue, Cupertino, California 95014, during norma7 business hours; and in Counci7 packet archives Linked from the agenda/mimttes page on tlie Cupertino web site. IMPORTANT NOTICE: Please be advised that pursuant to Cupertino rAtmicipal Code section 2.08.l00written comrmmications sertt to the Cupertino Cih) Cormcil Commissioners or City staff concerning a matter 07? 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 perso;nal or private information 7:72 written communications to the City that you do not wish to make public, as written communications are considered public records and wil7 Page 9 City Council Agenda July 18, 2023 be made publicly available 07? the Cih) website. Page 10 THECITYCOUNCIL ANDSTAFF 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 l 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=l25 for a reconsideration petition form. COMMUNICATINGWITHCOUNCIL j All Council members: citycouncil@cupertino.org HungWei HWei@cupertino.org (408)777-3139 Sheila Mohan SMohan@cupertino.org (408) 777-1326 Liang Chao LiangChao@cupertino.org (408) 777-3192 J.R. Fruen JRFruen@cupertino.org (408) 777-1316 KittyMoore KMoore@cupertino.org (408)777-1389 Executive Assistant Debran@cupertino.org (408) 777-3212 CityHall 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) 7:00p.m. Saturday (replay) 9:00a.m. INTERNET City Council and Planning Commission videos are available on demand at www.cupertino.org. Select "l 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. I USEFUI TEIEPHONE 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 RecologySouthBay (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 SanJoseWater (408)279-7900 CaliforniaWater (650)917-0152 STATE OF CALJF()fl-". iA CITY OF CUPERTINO POSTED Tl-{E NC)KC.'E;AGENDA ON TJ-18 BULLETiN BOAR CiTY HALL. IN PERSON AND TELECONFERENCE MEETING For more information: (408) 777-3200 I www.cupertino.org CONDUCTOFBUSINESS i 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 resu,It 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 yourse(f is voluntary and not required to attend the meeting or provide comments. FLOWCHART FOR HEARING ITEMS: Mayor introduces agenda item - + (Mayoropensthepublichearin"4 VcloQllu+.nc,irim,ell+mQpl;prs,,rempmo"11naln,y.+slnitne_ . I - - - -- - -- -- - = - I + StaffrerWpmorkmseannodat7onakes # qCuoeusntcoilnmsembersaskclarifying I + ApplicantorAppellant % Forappealsofapprovals,the makes presentation 7 applicant mad respond tO (up to 8 mi(l) ' l appellants presentation. + Councilmembers ask questions of staff or applicanUappellant + Mayorinvitesmembersof % SpeakerssubmitaRequesttoSpeak the public to speak about i card, and are allowed up to 3 minutes , the agenda item i per individual. Council members may I ask questions of speakers. , Mayorinvites I applicant/appellant to respond to public comments (2 min) " ' + (Mayorclosesthepublichearin)g ' + I City'!unc'ilv7teson' <-d TahseecMoan'ooa5tmearythreeqcuioesse'aotmthoe"opnubainicd ' 1 tlle agenda item . I hearing. Council then deliberates and ' l votes. I 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.orH, 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 for a reconsideration petition form. iia*ias**ai*-alaja*as*sasaasaaimtaauata CITY OF CUPERTINO AGENDA CITY COUNCILCUPERTINO 10300 Torre Avenue and 10350 Torre Avenue and via Teleconference Thursday, July 6, 2023 5:00 PM REGULAR BUSINESS ITEMS WILL BE HEARD BEGINNING AT 8 :OO PM Special Meeting Non-Televised Closed Session (5:00) and Televised City Council Meeting (8:00) 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 "oral communications" for matters not on the agenda, and 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 Thursday, July 6 to Page 1 CityCouncil Agenda July6,2023 the Council at citycouncil@cupertino.org. These e-mail comments wili also be posted to the City's website before and after 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 Register in advance for this webinar: https://cityofcupertino.zoom.us/webinar/register/WN7xgBIlRSxetH6tquSq74Q Phone Dial: 669-900-6833 and enter Webinar ID: 971 7240 5483 (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: 971 7240 5483 SIP: 97172405483@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 Page 2 City Council Agenda July 6, 2023 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 speaking. These documents will posted to the City's website after the meeting. 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 Thursday, July 06, 2023, commencing at 5:00 p.m. for Closed Session in 10300 Torre Avenue, Conference Room C and at 8:00 p.m. for Open Session regular business items in 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 ROtL CALL - 5:00 PM 10300 Torre Avenue, Conference Room C CLOSED SESSION 1. $: Conference with Labor Negotiators pursuant to Government Code § 54957.6 (Kristina Alfaro and Christopher Bouier) 2. $: Public Employee Performance Evaluation (Gov. Code S, 54957(b)(1)); Title: City Attorney 3. $: Public Employee Performance Evaluation (Gov. Code FB 54957(b)(1)); Title: City Manager RECESS OPEN SESSION CALL TO ORDER - 8:00 PM 10350 Torre Avenue, Community Hall and via Teleconference PLEDGE OF AI,LEGIANCE RO[L CALL CLOSED SESSION REPORT Page 3 City Council Agenda July 6, 2023 CEREMONIAL ITEMS 4.$: Presentation from Midpei-iiiisula Open Space Regional District ("Midpen") Recommended Action: Receive presentation from Midpen Board member Craig Gleason on district activities update A - Presentation POSTPONEMENTS AND ORDERS OF THE DAY 5.$: Brush abatement for public nuisance and potential fire hazard pursuant to Cupertino Municipal Code (Section 16.40.200) regarding defensible space (brush) and Resolution No. 23-053 Recornrnended Action: Remove this item from the agenda since there are no properties reported as being non-compliant in removing brush A - 2023 WUI Enforced Safety Regulations List of Non-Compliant Properties B - Approved Resolution No. 23-053 ORAL COMMUNICATIONS This portion of the meeting is reserved for persorts zoishirtg to address the Courtc'd on any matter roithin the jurisdiction of the Council arid not on the agenda for discussion, includirtg informational items. The tota7 time for Oral Communications'xo'dl 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 ertd of the meeting ort a first come first heard basis, with priority given to students. In most cases, State law wi77 prohibit the Counci7 from discussing or mak'mg any decisiorts with respect to a matter not listed on the agenda. A courtcilmember may, however, briefly resportd to statements made or questions posed by speakers. A councilmember may also ask a question for c(arification, provide a referertce for factua7 informatiort, request staff to report back cortcerning a matter, or request that an item be added to a future City Council agenda irt response to public comment. CONSENT CALENDAR (Items 6-12) Items appearing on the Consent Calertdar 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 payab7e, and second readirtgs of ordirtances. Any member of the Council may request to have an item removed from the Consent Calendar based on the rules set forth irt the Cih) Council Procedures Manual Members of the public may provide'mput on one or more cortsertt calendar items whery the Mayor asks for public comments on the Consent Calendar. 6. $: Consider approval of the June 12 City Council minutes Recommended Action: Approve the June 12 City Council minutes Page 4 City Council Agenda July 6, 2023 A - Minutes 7. $: Consider approval of the June 21 City Council rni'iiutes Recommended Action: Approve the June 21 City Council minutes A - Minutes Consider the adoption of City Council Grant Policy Recommended Action: Adopt Resolution No. 23-081 approving the City Council Grant Policy A - City Coincil Grant Policy B - Grant Authority and Reporting Matrix C - Draft Resolution $: Consider awarding a contract to Grassroots Ecology for the maintenance of McClellan Ranch Preserve and Stevens Creek Corridor. Recommended Action: 1. Award a contract to Grassroots Ecology for work related to maintenance of McClellan Ranch Preserve and Stevens Creek Corridor in the amount not to exceed $104,240 per year for three years, totaling $312,720; and 2. Authorize the City Manager to execute the contract with Grassroots Ecology when all contractual obligations have been met; and 3. Authorize the City Manager to extend the contract for up to two additional years, totaling $208,480, for a five-year total of $521,200, provided pricing and services remain acceptable. Staff Rei:iort A - Draft Agreement 10. $: Consider rejection of all bids received for the Bridge Preventative Maintenance Program. Recommended Action: Authorize the Director of Public Works to reject all bids received for the Bridge Preventative Maintenance Program. Staff Report 11. $: Award a construction contract for the Regnart Road Improvements Phase I Project to Brannon Corporation for road reconstruction to mitigate roadway embankment failure. Page 5 City Council Agenda July 6, 2023 Recommended Action: 1. Award a construction contract for the Regnart Road Improvements Phase 1 Project (Project No. 2019-08) in the amoiu"it of $1,290J20 to Brannon Corporation; 2. Authorize the City Manager to execute the contract; 3. Authorize the Director of Public Works to execute any necessary construction change orders up to a construction contingency amount of $129,012 (10%) for a total authorized contract amount of $1,419,132: and 4. Adopt Resolution No. 23-082 approving bud(3,et modification #2324-285, increasing appropriations in the Capital Improvement Program Capital Projects Fund (420-99-068) and the Capital Reserve (429-90-001) by $8761765.99, and transferring said funds from the Capital Reserve to Capital Improvement Program Capital Projects Fund (420-99-068) A - Draft Resolution B - Draft Contract C - Project Manual D - Project Drawings E - Project Addendum I F - Project Addendtim 2 12. $: Award a contract for the Creekside Park School Age Play Area to Ross Recreation Equipment, Inc. for the purchase and installation of themed playground equipment. Recommended Action: 1. Award an equipment procurement and installation contract for the Creekside Park School Age Play Area (Budget Unit 420-99-085) in the amount of $283,873.50 to Ross Recreation Equipment, h"ic. using pricing established through the National Purchasing Partriers; 2. Authorize the City Manager to execute an equipment procurement and installation contract when all conditions have been met; and 3. Authorize the Director of Public Works to execute any necessary change orders up to a contingency amount of $28,388 (10%) for a total contract amount of $312,261.50. Staff Repoort A - Representation of Proposed Playgroind Eqriipment B - Draft Contract PUBLIC HEARINGS - None Effective Jartuary 1, 2023, Government Code Section 65103.5 (SB 1214) limits the distribution of copyrighted materia7 associated with the review of developmertt projects. Members of the pub(ic wishing to view p7ans that cartnot otherwise be distributed tmder SB 1214 may make an appointment with the Planrting Division to viezo them at City Hail by sendirtg an email to planning@cupert'mo.org. Plans wil7 also be made available digitauy during the hearing to cortsider the proposal. Page 6 City Council Agenda July 6, 2023 ACTION CALENDAR 13. $: Introduction of Ordii"iaiice No. 23-2249, amendii'ig Muincipal Code Cliapter 2.100 (Regulation of Lobbying Activities) Recommended Action: Conduct a first reading of Ordinance No. 23-2249; "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING CITY CODE CHAPTER 2.100," (Regulation of Lobbying Activities) Staff Report A -Draft Ordinance Amending Chapter 2.100 (dean) B - Draft Ordinance Amending Chapter 2.100 (blackline) 14. $: Consider actions for the surplus determination and disposal of 10301 Byme Avenue, Assessor Parcel Number (APNI 357-11-020 RecommendedAction: 1. Authorize the City Manager to record a Roadway Dedication (Attachment A) for a portion of 10301 Byrne Avenue, APN 357-11-020 (Property); and 2. Adopt Resolution No. 23-083 (Attadunent B) declaring the remaining property at 10301 Byrne Ave, APN 357-11-020 surplus to the needs of the City and direct the City Manager to proceed with outreach as required by the Surplus Land Act; and 3. Authorize the City Manager to offer the Property for sale subsequent to completion of the requirements of the Surplus Land Act A - 10301 Byme Ave - Plat And Legal Description B - Resohition Byrne Surplus C - 10301 Byiwe Ave Aerial 15. l: Consideration of a resolution amending the established City Council meeting calendar through January 2, 2024 Recommended Action: Adopt Resolution 23-084 amending the established City Council meeting calendar through January 2, 2024 A - Draft Resolution COUNCIL REPORTS AND COMMENTS 16. $: Councilmember Reports Cou-icil Report, Friien Council Report, Moore Coincil Report, Mohan Coincil Report, Wei CITY MANAGER REPORT ORAL COMMUNICATIONS - CONTINUED Page 7 City Council Agenda July 6, 2023 INFORMATIONAL ITEMS - None Information items are intended to provide background irtformation and routirie reports to Courtcilmembers arid the pub(ic, without discussion by Council. Members of the public wishing to comment 072 informational items should do so during ora7 comm'tmications. COUNCIL AND ST AFF COMMENTS AND FUTURE AGENDA ITEMS ADJOURNMENT Lobbyist Registration and Reporting Requiremertts: Individuals who i4uence or attempt to i4uence Legislative or administrative action may be required by the Cih) of Cupertino's Iobbying ordirtance (Cupertirto Municipa7 Code Chapter 2.100) to register arxd report lobbying activity. Persons whose communications regard'mg any legislative or admirtistrative are solely limited to appearirtg at or submitti;ng testimony for any public meeting herd 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, Cupert'mo, CA 94207; telephone (408) 777-3223; email cityclerk@cupertino.org; and website: roww.cuperti;no.org/Iobbyist. The City of Cupertino has adopted the provisions of Code of Civi7 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 lava. Prior to seeking judicial review of any adjudicatory (quasi-judicial) decisiorx, interested persons must file a petition for reconsideratiorx 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/cih)clerk for a reconsideratton petition form. bat compliance with the Americans with Disabilities Act (ADA), anyone zt.iho is plamtirxg to attertd this meeting who is visually or hearing impaired or has any disability that needs specia7 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, uporx request, in advance, by a person voith a disability, meeting agendas and writings distributed for the meeti;ng that are public records will be made available in the appropriate alterrtative format. Arty voritings or documents provided to a majority of the Cuperti;no Cih) Counci[ after publicatiory of the packet wil7 be made available for public inspection in the City Clerk's Office Located at City Hall 10300 Torre Avenue, Cuperti;no, Ca(ifornia 95014, dur'tng norma7 bus'mess hours; and in Courtci7 packet archives Linked from the agertda/minutes page ort the Cupertino web site. IMPORTANT NOTICE: Please be advised that pursuant to Cupertirto Municipal Code section Page 8 CityCouncil Agenda July6,2023 2.08.l00written communications sent to the Cupertino City Couricil, Conwissioners or Citay staff concerning a matter oyi t)ie agenda are included as supplementa7 material to the agendized item. These writteyi commurtications are accessiMe to the public through the City's website and kept irx packet archives. Do not include any personal or private information in roritten commurticatiorxs to the City that you do not zoish to make public, as written communications are considered public records and zoill be made publicly ava'dable ort the Cih) zoebsite. Page 9 I THECITYCOUNCIL ANDSTAFF 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, SustainabilityCommission,TeenCommission,and Technology,Information,andCommunicationsCommission. 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 - SCCTransportation 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 Cupemno 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=l25 for a reconsideration petition form. COMMUNICATING WITH COUNCIL All Council members: citycouncil@cupertino.org HungWei HWei@cupertino.org (408)777-3139 Sheila Mohan SMohan@cupertino.org (408) 777-1326 Liang Chao LiangChao@cupertino.org (408) 777-3192 J.R. Fruen JRFruen@cupertino.org (408) 777-1316 Kitty Moore KMoore@cupertino.org (408) 777-1389 Executive Assistant Debran@cupertino.org (408) 777-3212 CityHall www.cupertino.org (408)777-CITY Please note: the City Council discourages submission of written materials on the day of the meetinz 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 i 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 RecologySouthBay (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 SanJoseWater (408)279-7900 CaliforniaWater (650)917-0152 ST7-X""ai-'L"0' C'z":t-i -' -------- ----13rJlJJEl 'r CKTY N-J.:i,.L.I Wednesday, June 21, 2023 PUBLIC HEARINGS WILL NOT BEGIN EARLIER THAN 6:45 PM Special Televised Meeting IN-PERSON AND TELECONFERENCE / PUBLIC PARTICIP ATION 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. 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. 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. Members of the audience who address the City Council must come to the lectern/microphone, and are requested to complete a Speaker Card and id-entify 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 the meeting by 4:00 p.m. on Wednesday, June 21 to the Council at Page I CityCouncil Agenda June21,2023 citycouncil@cupertino.org. These e-mail comments will also be posted to the City's website before and after the meeting. Teleconferencing Instructions To address the City Council, click on the Iink below to register in advance and access the meeting: Online Register in advance for this webinar: https://cityofcupertino.zoom.us/webinar/register/WNTLr55ghDQmWwpOope6eCUQ Phone Dial: 669-900-6833 and enter Webinar ID: 990 0761 5912 (Type '9 to raise hand to speak, '6 to unmute yourself). Unregistered participants will be called on by the Iast four digits of their phone number. Or an H.323/SIP room system: H.323: 162.255.37.:Ll (US West) 162.255.36.11 (US East) Meeting ID: 990 0761 5912 SIP: 99007615912@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 Page 2 City Council Agenda Jiuie 21, 2023 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 speaking. These documents will posted to the City's website after the meeting. 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, June 21, 2023, commencing at 5:00 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 CALL TO ORDER - 5:00 PM PLEDGE OF ALLEGIANCE ROLL CALL CLOSED SESSION REPORT - None CEREMONIAL ITEMS - None ACTION CALENDAR 1.$: Consider the Memorial Park Specific Plan conceptiial design Recommended Action: Staff recommends the City Council to: 1. Receive the Memorial Park Specific Plan design updates; 2. Confirm the Memorial Park Specific Plan design direction of the Conceptual Plan; and 3. Proceed with the Memorial Park Specific Plan schematic design. Presenter: Susan Michael, Capital Improvement Programs Manager A - MPSP Preferred Draft Concept 06-01-2023 B - MPSP Rorind 2 Survey Results C - PRC A&uites 02-02-2023 D - BPC Minutes 02-23-2023 E - Parks and Recreation Commission Inprit 06-01-2023 POSTPONEMENTS AND ORDERS OF THE DAY Page 3 City Council Agenda June 21, 2023 ORAL COMMUNICATIONS This portion of the meetirxg is reserved for persorts wishing to address the Council on any matter within the jurisdiction of the Cotmci7 and not on the agenda for discussion, inc7ud'mg informational items. The total time for Oral Communicatiorxs will ordirtari7y be limited to one hour. Individual speakers are limited to three (3) mirtutes. As rtecessary, the Chair may further limit the time allowed to'mdividua[ speakers, or reschedule remaining comments to the end of the meeting ort a first come first heard basis, with priority given to students. h most cases, State law will prohibit the Courycil from discussing or making arty 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 ([Sk a question for clarification, provide a reference for factual i;nformation, request, staff to report back concernirtg a matter, or request that an item be added to a future City Counci7 agenda in resportse to public comment. CONSENT CALENDAR (Items 2-9) Items appearing 072 the Consent Calertdar are corxsidered routine City bus'mess and may be approved by one motion. Typical items may include meeting m'mutes, awards of corxtracts, the ratification of accounts payable, and secortd readings of ordinances. Any member of the Cotmcil may request to have an item removed from the Cortsent Ca7endar based on the rules set forth irt the City Council Procedures Manual. Members of the public may provide input ort orte or more conserxt calendar items when the Mayor asks for public comments on tlie Consent Calendar. 2.l: Consider a Joint Policy Framework Agreement Regarding the Restoration and Potential Future Development of the Lehigh Quarry Property between the City of Cupertino and Santa Clara County Recommended Action: Authorize the City Manager to execute a Joint Policy Framework Agreement Regarding the Restoration and Potential Future Development of the Lehigh Quari7 Property between the City of Cupertino and Santa Clara County A - Lel'iigh 0uarry Parcel Map B - Joint Policy Framework Agreement Regarding the Restoration aitd Potential Future Development of the Lelngli Quarry Property 3.$: Consider approval of the June 6 City Council minutes Recoinmended Action: Approve the June 6 City Council minutes A - Draft Minutes 4. l: Consider ratifying Accounts Payable for the periods ending May 5, 2023; May 12, 2023; May 19, 2023; and May 26, 2023 Page 4 City Council Agenda June 21, 2023 Recommended Action: A. Adopt Resolution No. 23-071 ratifying Accounts Payable for the Period ending May 5, 2023; B. Adopt ResoMion No. 23-072 ratifying Accounts Payable for the Period ending May 12, 2023; C. Adopt Resolution No. 23-073 ratifying Accounts Payable for the Period endif'ig May 19. 2023: and D. Adopt Resolution No. 23-074 ratifying Accounts Payable for the Period ending May 26. 2023 A - Draft Resolution 5.5.23 B - Weekly AP Payment Register for the Period Ending 5.5.23 C - Draft Resolution 5.12.23 D - Weekly AP Payment Register for the Period Ending 5.12.23 E - Draft Resolution 5.19.23 F - Weekly AP Payment Register for tlie Period Ending 5.19.23 G - Draft Resolution 5.26.23 H - Weekly AP Payment Register for the Period Ending 5.26.23 l: Consider authorizing the City Manager to execute a Second Amendment to the Professional Services Agreement with Moss Adams, LLP Recommended Action: Authorize the City Manager to execute a Second Amendment to the Professional Services Agreement with Moss Adams, LLP for continued internal auditor services, extending the current contract term by three years to Jine 30, 2026, and increasing the total contract amount to $500,000 ($100,000 annually) Staff reoort A - Moss Adams, LLP Agreement B - Moss Adams, LLP First Amendment C - Draft Second Amendment Consider authorizing the City Manager to execute a Professional Services Agreement with The Pin Group, LLP for professional auditing services RecornrnendedAction: 1. Award a Professional Services Agreement for auditing services from June 2023 through June 2025 in a total not to exceed contract amount of $420,859, with an option to extend the contract for two additional years in the amount of $316,813 for a total contract amount of '3p737,672, to The Pin Group, LLP; 2. Authorize the City Manager to execute a Professional Services Agreement with The Pun Group, LLP, when all conditions have been met; and 3. Authorize the City Manager to extend the contract for up to two years A - Draft Agreement 7. l: Consider To Be Determined list ("TBD List") of agenda items requested by City Councilmembers Page 5 City Counciluncil Agenda June 21, 2023 Recommended Action: Review the TBD List and modify the list as recommended below 8. $: Consider approval of tlie May 16 City Council minutes (Continued from June 6, 2023) Recommended Action: Approve the May 16 City Council minutes A - Draft Minutes Receive the FY 2021-22 Annual Comprehensive Financial Report (ACFR) and related supplemental reports (Continued from June 6, 2023) Recommended Action: Receive the FY 2021-22Annual Comprehensive Financial Report (ACFR) and related supplemental reports A - FY 2021-22 ACFR B - FY 2021-22 Management Letter C - FY 2021-22 SAS 114 D - FY 2021-22 Single Audit E - FY 2021-22 GANN AUP Report F - FY 2021-22 Investment AUP Report G - FY 2021-22 Storm Draiii AUP Report H - Responses to ACFR 0uestions l- ACFR Supplemental Staff Report from 6.6.23 Council Meeting PUBLIC HEARINGS Effective January 1, 2023, Governmerxt 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 urxder SB 1214 may make (27! appoi;ntment with the P7artrting Division to view them at City Hal'L by sertdirxg an email to plann'mg@cupertino.org. Plans wi(( also be made available digitally during the hearing to consider the proposal. 10. $: Consider a proposed mixed-use redevelopment project consisting of 34 residential units and approximately 7,482 square feet of commercial space. Project includes the removal and replacement of 51 development trees and a range of site and landscape improvements. Consider the adoption of a Mitigated Negative Declaration for the project, which includes the following discretionary approvals: Application Numbers TM-2021-003, ASA-202I-004, DP-2021-002, U-2021-001, TR-2022-006, EA-2022-005. Applicant(s): Carlson Chan (Prospect Venture LLC); Location: 1655 S. De Anza Blvd., APNs 366-10-061, -126. Page 6 City Council Agenda June21,2023 Staff recornrnends that the City Corincil adopt the ResolutionsRecommended Action: (Attachments A-F) to: 1. Adopt Resolution No. 23-075 adopting the Mitigated Negative Declaration (EA-2022 -005) 2. Adopt Resolution No. 23-076 approving the Development Permit (DP-2021-002) 3. Adopt Resolution No. 23-077 approving the Architectural and Site Approval Permit (ASA-2021-004) 4. Adopt Resolution No. 23-078 approving the Use Permit (U-2021-001) 5. Adopt Resolution No. 23-079 approving the Tentative Map (TM-2021-003); and 6. Adopt Resolution No. 23-080 approvmg the Tree Removal Permit (TR-2022-006) Presenter: Gian Martire, Senior Planner A - Draft Resolution for EA-2022-005 B - Draft Resohttion for DP-2021-002 C - Draft Resolution for ASA-2021-004 D - Draft Resolution for U-2021-001 E - Draft Resolution for TM-2021-003 F - Draft Resolution for TR-2022-006 G - Planning Commission Resolution 2023-08 (EA-2022-005) H - Plaru'iing Commission Resolution 2023-09 (DP-2021-002) I - Planning Commission Resolution 2023-10 (ASA-2021-004) T - Plaiwing Commission Resotution 2023-11 (TM-2021-003) K - Planning Commission Resolution 2023-12 (U-2021-001) L - Planning Commission Resolution 2023-13 (TR-2022-006) M - Letter from Brandon Airoli, of Propriis dated Marcli 9, 2021 N - BMR Program 1655 S De Anza Blvd Cupertino Project, Brandon Arioli 0-1655 South De Anza Borilevard Mixed-Use Project Initial Study, Final IS/MND, May 2023 P - Response to Comment Memorandum, Dated May 15, 2023 0 - Site Plan and Renderings R - Public Comment COUNCIL REPORTS AND COMMENTS 11. l: Councilmember Reports Council Reports, Fruen Corincil Reports, Moore Council Reports, Mohan Corincil Reports, Wei CITY MANAGER REPORT ORAL COMMUNICATIONS - CONTINUED INFORMATIONAL ITEMS Information items are intertded to provide background information and routirxe reports to Councilmembers and the public, zoithout discussion by CounciL Members of the public wishing to Page 7 CityCouncil Agenda comment on i4ormational items should do so during oral commwicahorxs June 21, 2023 12. $: Receive the MontMy Treasurer's Report for May 2023 Recommended Action: Receive the Monthly Treasurer's Report for May 2023 A - Report of City-wide Receipts, Disbursements, aiid Cash Balances May 2023 B - Report of City-wide Fund BalancesNet Position May 2023 13. $: Receive the MontMy Treasurer's Investment Report for May 2023 Recornrnended Action: Receive the Monthly Treasurer's Investment Report for May 2023 A - Cliandler hwestment Report May 2023 COUNCIL AND ST AFF COMMENTS AND FUTURE AGENDA ITEMS ADJOURNMENT Lobbyist Registration arid Reporting Requirements: Individuals who i4ue;nce or attempt to influence legislative or admirtistrative action may be required by the City of Cupertino's lobbying ordinance (Cupert'mo M;bmicipal Code Chapter 2.100) to register arid 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 7obbyists. For more information about the lobbying ordi;+zance, please contact the City Clerk's Office at 10300 Torre Avertue, Cupertino, CA 94107; telepho;ne (408) 777-3223; email cityclerk@cupertino.org; artd website: www.cupertirto.org/7obbyist. The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6; 7itigation challenging a final decision of the City Council must be brought within 90 days after a decision is annormced urdess a shorter time is required by State or Federa( Law. Prior to seelcing judicial review of any adjudicatory (quasi-judicial) decisio;+z, interested persons must file a petition for reconsideratiort within ten ca)ertdar days of the date the City Clerk maids notice of the City's decision. Reconsideration petitions must comply with the requirements of Cupertirto Municipal Code §2.08.096. Contact the Cih) Clerk's office for more i4ormation or go to htfp://www.cupertirto.org/cityclerlc for a reconsideratzort petition form. bt compliartce with the Americans roith Disabilities Act (ADA), anyorxe who is p7anrting to attend this meeting who is visually or hearing impaired or has arty disability that needs special assistance shouU call the City Clerlc'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 witli a disability, meeting agertdas and writings distributed for the meeting that are public records will be made available in the appropriate alternative format. Page 8 City Council Agenda June 21, 2023 Any writ'mgs or documents provided to a majority of the Cupertino City Council after publication of the packet wil7 be made available for public inspection'm the Cih) Clerk's Office Located at City Hall, 10300 Torre Avenue, Cupertino, California 95014, during normal business hours; artd in Counc'd packet archives l'mked from the agertda/m'mutes page 07? the Cupertino web site. IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Mrmicipal Code section 2.08.l00zoritten communications sent to the Cupertirxo Cih) Co'bmcil Commissioryers or Cih) staff concern'mg a matter on the agenda are inclu,ded as supplemental materia7 to the agendized item. These zoritten communications are accessible to the public through the City's website and lcept in packet archives. Do not include any persona7 or private information'm writtert communications to the City that you do not wish to make public, as written communications are considered puMic records and will be made publicly available ort the Cih) website. Page 9 THECITYCOUNCIL ANDSTAFF 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 I - SCC Library District - SCC Emergency Preparedness Commission - Santa Clara Valley Water Commission and Water District SCCTransportationAuthoritym - 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 (4o 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. RESOIUTIONS 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 j2.08.096. Contact the City Clerk's office for more information or gp to www.http://www.cupertino.org/index.aspx?page=l25 for a , reconsideration petition form. -= ==-===-==--= --- --= - -=--== =.- ===-== = - =--- n..nl uii iuuniil iii xi ==- === = == = = = = =-=-- = -=-=- - -= - -----li === -=--==iii +h==-= - A-=-----=-=--- - -= === = =---.--...............-.-...- -.. .....----1 COMMUNICATINGWITHCOUNCIL i All Council members: citycouncil@cupertino.org HungWei HWei@cupertino.org (408)777-3139 Sheila Mohan SMohan@cupertino.org (408) 777-1326 LiangChao LiangChao@cupertino.org (408) 777-3192 J.R. Fruen JRFruen@cupertino.org (408) 777-1316 Kitty Moore KMoore@cupertino.org (408) 777-1389 Executive Assistant Debran@cupertino.org (408) 777-3212 CityHall www.cupertino.org (408)777-CITY Please note: the City Council discourages submission of written materials on the day of the meetinz 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 I 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 ' serviceannouncements,andotherprogramsofcommunityinterest,onChannel26inCupertino. Themeetings are shown at these times: Tuesday (live) 6:45 p.m. Friday (replay) 10:00 a.m. Thursday (replay) 7:00p.m. Saturday (replay) 9:00a.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 i https://www.instagram.com/cityofcupertino I I AUDIO I Tune into Radio Cupertino, 1670 AM, for meeting announcements, public service messages, and emergency annou ncements. ninuiviiiiiiiiiaiauuaiiii+xiixanixniiiniiinuiiuniiiiiiumaiiivniiimuiixuiu+iivuaaiixiiinuaviininiiiiiiinnuiinnuimiim m*tiiiapiuiiinuniianiiiiiixiiiiininmnnnmiuiiiianiiiinnnnnnuiniiiuii-= = =-j-------=--=.. 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 RecologySouthBay (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 SanJoseWater (408)279-7900 CaliforniaWater (650)917-0152 CITY OF CUPERTINO STATE OF CALIFORN[ A COUNTYOFS T (-' ARA r OFFICE OF THE CITY BULLETIN BOARD -Vr C'.NTY HALL. NOTICE OF CA8(SYtATIO S""""'TU"'E NOTICE IS HEREBY GIVEN that the regular meeting of the Cupertino City Council scheduled for Tuesday, June 20, 2023 beginning at 6:45 p.m., Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, CA 95014 and via teleconference, is cancelled. A special meeting will be held on Wednesday, June 21, 2023 beginning at 5:00 p.m. Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, CA 95014 and via teleconference. Dated this 14' day of June, 2023 Lauren Sapudar Deputy City Clerk