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Amended Televised Special Meeting (5:00) PlArgular City Council Meeting w441NATt1 EI
Amended on 3/2/23 at 4:40 PM to add the "Action Calendar" header under the Regular
Meeting.
IN -PERSON AND TELECONFERENCE / PUBLIC PARTICIPATION INFORMATION
Members of the public wishing to observe the meeting may do so in one of the following
ways:
1) Attend in person at Cupertino Community Hall, 10350 Torre Avenue.
2) Tune to Comcast Channel 26 and AT&T U-Verse Channel 99 on your TV.
3) The meeting will also be streamed live on and online at www.Cupertino.org/youtube
and www.Cupertino.org/webcast
Members of the public wishing to comment on an item on the agenda may do so in the
following ways:
1) Appear in person at Cupertino Community Hall. 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 by 4:00 p.m. on Tuesday, March 7 to the Council at
citycouncil@cupertino.org. These e-mail comments will also be forwarded to
Councilmembers by the City Clerk's office before the meeting and posted to the City's
website after the meeting.
Members of the public 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.
Page 1
City Council
Agenda
March 7, 2023
Recommended Action:
A. Adopt Resolution No. 23-029 ratifying
Accounts Payable for
the Period ending January
6, 2023;
B. Adopt Resolution
No. 23-030
ratifying Accounts
Payable
for the Period ending
January 13, 2023;
C. Adopt Resolution
No. 23-031
ratifying Accounts
Payable
for the Period ending
January 20, 2023;
D. Adopt Resolution
No. 23-032
ratifying Accounts
Payable
for the Period ending
January 27, 2023; and
E. Adopt Resolution
No. 23-033
ratifying Accounts
Payable
for the Period ending
February 3, 2023
AP Staff Report
A — Draft Resolution 1.6.23
B — Weekly AP Payment Register
for the Period Ending 1.6.23
C —Draft Resolution 1.13.23
D — Weekly AP Payment Register
for the Period Ending 1.13.23
E — Draft Resolution 1.20.23
F — Weekly AP Payment Register
for the Period Ending 1.20.23
G — Draft Resolution 1.27.23
H — Weekly AP Payment Register for the Period Ending 1.27.23
I — Draft Resolution 2.3.23
1— Weekly AP Payment Register
for the Period Ending 2.3.23
6. Subject: Consider authorizing the City Manager to execute a services agreement with
Azteca Systems, LLC., for Cityworks, Cupertino's Asset Management System
subscription service, for $217,502.63, plus a contingency of $21,750.26 for a total cost of
$239,252.89 over three years
Recommended Action: 1. Authorize the City Manager to execute a services agreement
with Azteca Systems, LLC., for Cityworks, Cupertino's Asset Management System
subscription service, for $217,502.63, plus a contingency of $21,750.26 for a total cost of
$239,252.89 over three years
2. Find under Municipal Code section 3.22.060(B) that the formal competitive bidding
procedures are impractical for procurement
Staff Report
A - Cityworks 2022 Order Form and Terms and Conditions
B - Sole Source Letter
C - Insurance Reduirements
D - Proof of Insurance
7. Subject: Consider adopting a resolution authorizing the City Manager to take all
necessary steps to accept $5,000,000 in specified grant funds from the Budget Act of
2022-2023 for the McClellan Road Bridge Reconstruction Project
Page 6
City Council Agenda March 7, 2023
Recommended Action: Adopt Resolution No. 23-034 (Attachment A) authorizing the
City Manager to execute a Funds Transfer Agreement and any amendments thereto
and take all necessary steps to accept $5,000,000 in specified grant funds from the
Budget Act of 2022-2023 for the McClellan Road Reconstruction Project
Staff Report
A - Draft Resolution
8. Subject: Consider amending the Santa Clara Valley Urban Runoff Pollution Prevention
Program (SCVURPPP) Memorandum of Agreement (MCA) to extend the term through
one fiscal year beyond the date of termination of the current Municipal Regional
Stormwater Permit (MRP). The current five-year permit term would end June 30, 2027,
so the MOA term would end on June 30, 2028, unless the MRP is extended. There are
no other amendments proposed at this time.
Recommended Action: Authorize the City Manager to execute the fourth amendment
(Attachment A) to an agreement providing for implementation of the Santa Clara
Valley Urban Runoff Pollution Prevention Program (Attachment B), a
multi -jurisdictional agreement between Santa Clara County, the Santa Clara Valley
Water District, and thirteen Santa Clara County municipalities.
Staff Report
A - 4TH SCVURPPP MOA Amendment
B - SCVURPPP MOA Original
9. Subject: Consider a four-year contract with Nomad Transit LLC (Via) for the Transit &
Intercity Rail Capital Program (TIRCP) funded Via expansion into the City of Santa
Clara, with two sites in Mountain View, deployment of an electric vehicle (EV) fleet,
construction of necessary charging stations, and a resolution authorizing execution of a
Master Agreement with Caltrans, which is a funding pre-requiste of the TIRCP grant
program.
Recommended Action: 1. Approve a four-year contract with Nomad Transit, LLC
(Attachment A);
2. Adopt Resolution No. 23-035 (Attachment B) authorizing the City Manager to
execute the Caltrans Master Agreement; and
3. Adopt Resolution No. 23-036 (Attachment C) approving a budget modification,
increasing appropriations in the General Fund, Transportation, Via Shuttle program
budget by $3,594,928 for the planning, launch, and operation of the
Via-Cupertino/Santa Clara expansion with two sites in Mountain View, including
design, construction, and contingency funds for installation of EV charging equipment
to support the program.
Page 7
City Council Agenda March 7, 2023
Staff Retort
A - Agrreement with Nomad Transit, LLC (Via)
B - Draft Resolution - CalTrans
C - Draft Resolution - Budget
D - 09-20-22 Council Staff Report
E - Via Letter on 4 Year Approach
F - 4 Year TIRCP Revised Budget
10. Subject: Consider a contract with Placeworks for the remainder of Housing Element
Recommended Action: Adopt Resolution No. 23-037 to complete the Sixth -Cycle
General Plan Housing Element Update, authorizing the City Manager to execute a
consultant agreement with Placeworks, and approving Budget Modification #2223-263
for the Sixth -Cycle General Plan Housing Element Update for the Fiscal Year 2022-23
Staff Report
A - Draft Resolution
B - Scopes of Work and Fee Estimates
C - Service Agreement
PUBLIC HEARINGS - None
Effective January 1, 2023, Government Code Section 65103.5 (SB 1214) limits the distribution of
copyrighted material associated with the review of development projects. Members of the public wishing
to view plans that cannot otherwise be distributed under SB 1214 may make an appointment with the
Planning Division to view them at City Hall by sending an email to planning@cupertino.org. Plans
will also be made available digitally during the hearing to consider the proposal.
ACTION CALENDAR
11. Subject: Removal of Planning Commissioner R Wang
Recommended Action: Consider the removal of Planning Commissioner R Wang
Staff Report
12. Subject: Consider the Fiscal Year (FY) 2023-24 five-year plan for Capital Improvement
Program (CIP).
Recommended Action: Receive presentation and provide input on the proposed FY
2023-24 five-year plan for the CIP.
Presenter: Susan Michael, Capital Improvement Program Manager
Staff Report
A — FY 2023 -2024 CIP 5-year Schedule
B — FY 2023 -2024 CEP Project Narratives
C — FY 2023 -2024 CIP Project Rankings
D - Master Plans Project Lists
COUNCIL REPORTS AND COMMENTS
Page 8
City Council Agenda March 7, 2023
CITY MANAGER REPORT
ORAL COMMUNICATIONS - CONTINUED
INFORMATIONAL ITEMS
Information items are intended to provide background information and routine reports to
Councilmembers and the public, without discussion by Council. Members of the public wishing to
comment on informational items should do so during oral communications.
13. Subject: Consider the Monthly Treasurer's Report for January 2023
Recommended Action: Receive the Monthly Treasurer's Report for January 2023
Staff Report
A — Report of City-wide Receipts, Disbursements, and Cash Balances Tanuary 2023
B — Report of City-wide Fund BalancesNet Position Tanuary 2023
14. Subject: Consider the Monthly Treasurer's Investment Report for January 2023
Recommended Action: Receive the Monthly Treasurer's Investment Report for January
2023
Staff Report
A — Chandler Investment Report Tanuary 2023
B — Chandler Custodial Statement Tanuary 2023
C — PARS Pension and OPEB Account Statement lanuar, 2023
D — LAIF Account Statement Tanuary 2023
15. Subject: Response to Councilmember questions regarding Cupertino Chamber of
Commerce
Recommended Action: Receive informational memorandum responding to questions
regarding Cupertino Chamber of Commerce
A - Memorandum
COUNCIL AND STAFF COMMENTS AND FUTURE AGENDA ITEMS
ADJOURNMENT
Lobbyist Registration and Reporting Requirements: Individuals who influence or attempt to influence
legislative or administrative action may be required by the City of Cupertino's lobbying ordinance
(Cupertino Municipal Code Chapter 2.100) to register and report lobbying activity. Persons whose
communications regarding any legislative or administrative are solely limited to appearing at or
submitting testimony for any public meeting held by the City are not required to register as lobbyists.
For more information about the lobbying ordinance, please contact the City Clerk's Office at 10300
Torre Avenue, Cupertino, CA 94107, telephone (408) 777-3223; email cityclerk@cupertino.org, and
website: www.cupertino.org/lobbyist.
Page 9
City Council Agenda March 7, 2023
The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6; litigation
challenging a final decision of the City Council must be brought within 90 days after a decision is
announced unless a shorter time is required by State or Federal law.
Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must
file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the
City's decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal
Code §2.08.096. Contact the City Clerk's office for more information or go to
http://wwzv.cupertino.org/cityclerkfor a reconsideration petition form.
In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend this
meeting who is visually or hearing impaired or has any disability that needs special assistance should
call the City Clerk's Office at 408-777-3223, at least 48 hours in advance of the meeting to arrange for
assistance. In addition, upon request, in advance, by a person with a disability, meeting agendas and
writings distributed for the meeting that are public records will be made available in the appropriate
alternative format.
Any writings or documents provided to a majority of the Cupertino City Council after publication of
the packet will be made available for public inspection in the City Clerk's Office located at City Hall,
10300 Torre Avenue, Cupertino, California 95014, during normal business hours; and in Council
packet archives linked from the agenda/minutes page on the Cupertino web site.
IMPORTANT NOVICE: Please be advised that pursuant to Cupertino Municipal Code section
2.08.100 written communications sent to the Cupertino City Council, Commissioners or City staff
concerning a matter on the agenda are included as supplemental material to the agendized item. These
written communications are accessible to the public through the City's website and kept in packet
archives. Do not include any personal or private information in written communications to the City
that you do not wish to make public, as written communications are considered public records and will
be made publicly available on the City website.
Page 10
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-
yearterm.
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, j-lousing 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.
7:19141&11I1017AiIs] �
Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition
for reconsideration within ten calendar days of the date the City Clerk mails notice of the City's decision.
Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the
City Clerk's office for more information or go to www.http://www.cupertino.org/index.aspx?page=125 for a
reconsideration petition form.
COMMUNICATING WITH COUNCIL
All Council members: citycouncil@cupertino.org
Hung Wei 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
City Hall www.cupertino.org (408) 777-CITY
Please note: the City Council discourages submission of written materials on the day of the meeting as this does not
provide enough time to give the materials fair evaluation. If you must provide written materials on the day of the
meeting, as least one copy must be given to the City Clerk for the permanent record, and ten copies are preferred.
NEWS AND NOTICES FROM CITY HALL
EMAIL
Sign up for e-notification of agendas, elections, and other news on the city website at www.cupertino.org/notify
TELEVISION
The City Channel broadcasts City Council and Planning Commission meetings, as well as agenda previews, public
service announcements, and other programs of community interest, on Channel 26 in Cupertino. The meetings
are shown at these times:
Tuesday (live) 6:45 p.m. Friday (replay) 10:00 a.m.
Thursday (replay) 7:00 p.m. Saturday (replay) 9:00 a.m.
INTERNET
City Council and Planning Commission videos are available on demand at www.cupertino.org. Select "I Want
To, View City Council meetings".
News and community information can also be found at:
https://www.facebook.com/cityofcupertino/
https://twitter.com/CityofCupertino
https://www.instagram.com/cityofcupertino
AUDIO
Tune into Radio Cupertino, 1670 AM, for meeting announcements, public service messages, and emergency
announcements.
USEFUL TELEPHONE NUMBERS
City of Cupertino (City Hall) General Information and Comments (408) 777-CITY
Fire (Emergency) Santa Clara County Fire Dept. dispatch 911
Fire (Non -Emergency) Santa Clara County Fire Dept. (408) 378-4010
Garbage Recology South Bay (408) 725-4020
Gas & Electricity Pacific Gas & Electric (PG&E) 1-800-743-5000
Recreation & Community Quinlan Community Center (408) 777-3120
Services
Police (Emergency) Santa Clara County Sheriff dispatch 911
Police (Non -Emergency) Santa Clara County Sheriff (408) 868-6600
Public Health Santa Clara County Public Health (408) 732-3720
Sanitary Sewers Cupertino Sanitary District (408) 253-7071
Water San Jose Water (408) 279-7900
California Water (650) 917-0152