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10350 Torre Avenue, Council ON 'I 11 E
Tuesday, Ma tJ+12&3IN BOA!z) c:rl'Y f1ALL.
5:00 PM�
I Alt SIGNY1I'URE
Televised Special Meeting (5:00) and Regular City Council Meeting (6:45)
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.
Teleconferencing Instructions
Page 1
City Council Agenda March 7, 2023
ADJOURNMENT
REGULAR MEETING
CALL TO ORDER - 6:45 PM
PLEDGE OF ALLEGIANCE
ROLL CALL
CLOSED SESSION REPORT - None
CEREMONIAL ITEMS
1. Subject: Consider a proclamation declaring March as Youth Arts Month
Recommended Action: Present proclamation declaring March as Youth Arts Month
A - Proclamation
POSTPONEMENTS AND ORDERS OF THE DAY
ORAL COMMUNICATIONS
This portion of the meeting is reserved for persons wishing to address the Council on any matter within
the jurisdiction of the Council and not on the agenda for discussion, including informational items. The
total time for Oral Communications will ordinarily be limited to one hour. Individual speakers are
limited to three (3) minutes. As necessary, the Chair may further limit the time allowed to individual
speakers, or reschedule remaining comments to the end of the meeting on a first come first heard basis,
with priority given to students. In most cases, State law will prohibit the Council from discussing or
making any decisions with respect to a matter not listed on the agenda. A councilmember may,
however, briefly respond to statements made or questions posed by speakers. A councilmember may also
ask a question for clarification, provide a reference for factual information, request staff to report back
concerning a matter, or request that an item be added to a future City Council agenda in response to
public comment.
CONSENT CALENDAR (Items 2-10)
Items appearing on the Consent Calendar are considered routine City business and may be approved by
one motion. Typical items may include meeting minutes, awards of contracts, the ratification of
accounts payable, and second readings of ordinances. Any member of the Council may request to have
an item removed from the Consent Calendar based on the rules set forth in the City Council Procedures
Manual. Members of the public may provide input on one or more consent calendar items when the
Mayor asks for public comments on the Consent Calendar.
2. Subject: Consider approval of the February 3 City Council minutes and receive
consultant workshop report
Page 4
City Council Agenda March 7, 2023
Recommended Action: Approve the February 3 City Council minutes and receive the
consultant workshop report (Exhibit A)
A - Draft Minutes (and Exhibit A Consultant ReportZ
3. Subject: Consider approval of the February 21 City Council minutes
Recommended Action: Approve the February 21 City Council minutes
A - Draft Minutes
4. Subject: Consider amending the Cupertino Municipal Code to repeal Chapters 2.84
(Environmental Review Committee), 2.90 (Design Review Committee), and 2.96
(Economic Development Committee); to adopt Chapter 17.02 (California
Environmental Quality Act), regarding local environmental review procedures; and to
amend Chapters 2.32, 2.88, 9.20, 19.08, 19.12, 19.28, 19.104, and 19.124, regarding the
duties of the Planning Commission, Audit Committee, and Local Assessment
Committee
Recommended Action: Adopt Ordinance No. 23-2247 repealing Municipal Code
Chapters 2.84, 2.90, and 2.96, adopting Municipal Code Chapter 17.02, and amending
Municipal Code Chapters 2.32, 2.88, 9.20, 19.08, 19.12, 19.28, 19.104, and 19.124, the title
of which is as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO TO REPEAL MUNICIPAL CODE CHAPTERS 2.84, 2.90, AND 2.96; TO
ADOPT MUNICIPAL CODE CHAPTER 17.02; AND TO AMEND MUNICIPAL CODE
CHAPTERS 2.32, 2.88, 9.20, 19.08, 19.12, 19.28, 19.104, AND 19.124, REGARDING CITY
COMMISSIONS AND COMMITTEES
Staff Report
A - Draft Ordinance (Commissions and Committees) Redlined
B - Draft Ordinance (Commissions and Committees) Clean
5. Subject: Consider ratifying Accounts Payable for the periods ending January 6, 2023;
January 13, 2023; January 20, 2023; January 27, 2023; and February 3, 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
Page 5
City Council Agenda
March 7, 2023
AP Staff EgRort
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 Resole ion 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 Requirements
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
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 (MOA) 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 MCA term would end on June 30, 2028, unless the MRP is extended. There are
no other amendments proposed at this time.
Page 6
City Council Agenda March 7, 2023
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 Ori ig nal
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.
Staff Report
A - Agreement 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 A112roach
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
Page 7
City Council Agenda March 7, 2023
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.
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 CIP Project Narratives
C — FY 2023 -2024 CIP Project Rankings
D - Master Plans Project Lists
COUNCIL REPORTS AND COMMENTS
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
Page 8
City Council Agenda March 7, 2023
Staff Report
A - Chandler Investment Report Tanuar, 2023
B - Chandler Custodial Statement January 2023
C - PARS Pension and OPEB Account Statement lanuary 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.
The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6; litigation
challenging a final decision of the City Council must be brought within 90 days after a decision is
announced unless a shorter time is required by State or Federal law.
Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must
file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the
City's decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal
Code §2.08.096. Contact the City Clerk's office for more information or go to
http://www.cupertino.org/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.
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City Council Agenda March 7, 2023
Any writings or documents provided to a majority of the Cupertino City Council after publication of
the packet will be made available for public inspection in the City Clerk's Office located at City Hall,
10300 Torre Avenue, Cupertino, California 95014, during normal business hours; and in Council
packet archives linked from the agenda/minutes page on the Cupertino web site.
IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipal Code section
2.08.100 written communications sent to the Cupertino City Council, Commissioners or City staff
concerning a matter on the agenda are included as supplemental material to the agendized item. These
written communications are accessible to the public through the City's website and kept in packet
archives. Do not include any personal or private information in written communications to the City
that you do not wish to make public, as written communications are considered public records and will
be made publicly available on the City website.
Page 10