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HomeMy WebLinkAboutCity Council -2024STATE OF CA Ll F,-) -� 41.E IN— 0 F S A CITY OF CU L R "i NO L)I-LiARr- T1 ENT, STA-VE p i- -E-�)FIN BOAkD �r CITY SIGNAf U RE, CUPERTINO AGENDA Televised Regular Meeting (6:45) Tuesday, December 17,2024 6:45 PM 10350 Torre Avenue, Council Chamber and via Teleconference City Council O SHEILA MOHAN, MAYOR J.R. FRUEN, VICE MAYOR LIANG CHAO, COUNCILMEMBER KIT7`YMOORE, COUNCILMEMBER R "RAY" WANG, COUNCILMEMBER-ELECT IN PERSON AND TELECONFERENCE MEETING For more information: (408) 777-3200 1 WWW.cupertino.gov CONDUCT OF BUSINESS The Mayor is the presiding officer of the City Council. Any member of the public may speak on any item on the agenda for up to three minutes. All statements and questions must be addressed to the Mayor. City Council hearings serve as a venue for the discussion of sometimes divergent points of view. Please respect the opinions of others and refrain from cheering or clapping. That may delay the meeting or intimidate other persons wishing to express alternate views. Actions that disrupt the meeting will result in a warning, followed by removal if disruption continues. Oral public comments will be accepted during the meeting. Comments may be made during "oral communications" for matters not on the agenda, and during the public comment period for each agenda item. Identifying yourself is voluntary and not required to attend the meeting or provide comments. FLOWCHART FOR HEARING ITEMS: Mayor introduces agenda item i Mayor opens the public hearing Councilmembers report any site visits or outside communications i Staff reports and makes Councilmembers ask clarifying recommendation questions. i Applicant or Appellant For appeals of approvals, the makes presentation applicant may respond to (up to 8 min) appellants presentation. i Councilmembers ask questions of staff or applicant/appellant i Mayor invites members of Speakers submit a Request to Speak the public to speak about card, and are allowed up to 3 minutes the agenda item per individual. Council members may questions of speakers. iask Mayor invites applicant/appellant to respond to public comments (2 min) i Mayor closes the public hearing i The Mayor may request a motion and City Council votes on a second after the close of the public the agenda item hearing. Council then deliberates and votes. PUBLIC HEARINGS The City Council is required by law to hold public hearings on certain matters prior to making its decision. Notice to interested parties is given by legal advertisement in the local newspaper of general circulation at least 10 calendar days preceding the hearing date. Applications requiring public hearings include change of zoning, variances, use permits, and tentative maps. COUNCIL MEETINGS The City Council regularly meets the first and third Tuesdays of each month. These meetings are held at 6:45 p.m. Closed sessions, when needed, are normally held at 6:00 p.m. Closed sessions cover items such as personnel, litigation, or the sale , purchase, or lease of property. The law requires certain actions taken in closed session to be reported in open session. Urgent business, holidays, or election days may trigger special or adjourned meetings. These meetings will be noticed beforehand. AGENDAS, MINUTES, AND PACKETS AVAILABLE ON THE WEB Agendas, minutes, and packets for current and prior City Council and Planning Commission meetings are available at www.cupertino.org, or you can purchase the items on CD. CITY COUNCIL DECISION IS FINAL Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City's decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's office for more information or go to www.httr)://www.cupertino.ore/index.as px?page=125 for a reconsideration petition form. City Council Agenda December 17, 2024 IN -PERSON AND TELECONFERENCE / PUBLIC PARTICIPATION INFORMATION Members of the public wishing to observe the meeting may do so in one of the following ways: 1) Attend in person at Cupertino Community Hall, 10350 Torre Avenue. 2) Tune to Comcast Channel 26 and AT&T U-Verse Channel 99 on your TV. 3) The meeting will also be streamed live on and online at www.Cupertino.org/youtube and www.Cupertino.org/webcast Members of the public wishing to comment on an item on the agenda may do so in the following ways: 1) Appear in person at Cupertino Community Hall 2) E-mail comments by 4:00 p.m. on Tuesday, December 17 to the Council at citycouncil@cupertino.org. These e-mail comments will also be forwarded to Councilmembers by the City Clerk's office before the meeting and posted to the City's website after the meeting. Members of the public that wish to share a document must email cityclerk@cupertino.org prior to the meeting. Emailed comments that are related to an agenda item and received following the agenda publication, prior to or during the meeting, will be posted to the City's website. 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. 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 Page 2 City Council Agenda December 17, 2024 meeting: Online Register in advance for this webinar: https://cityofcupertino.zoom.us/webinar/register/WN_gkUtLcPSQ_G10z1RLyzXBQ Phone Dial: 669-900-6833 and enter Webinar ID: 934 7061 7378 (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. Join from an H.323/SIP room system: H.323: 162.255.37.11 (US West) 162.255.36.11 (US East) Meeting ID: 934 7061 7378 SIP: 93470617378@zoomcrc.com After registering, you will receive a confirmation email containing information about joining the webinar. Please read the following instructions carefully: 1. You can directly download the teleconference software or connect to the meeting in your internet browser. If you are using your browser, make sure you are using a current and up-to-date browser: Chrome 30+, Firefox 27+, Microsoft Edge 12+, Safari 7+. Certain functionality may be disabled in older browsers, including Internet Explorer. 2. You will be asked to enter an email address and a name, followed by an email with instructions on how to connect to the meeting. Your email address will not be disclosed to the public. If you wish to make an oral public comment but do not wish to provide your name, you may enter "Cupertino Resident" or similar designation. 3. When the Mayor calls for the item on which you wish to speak, click on "raise hand," or, if you are calling in, press *9. Speakers will be notified shortly before they are called to speak. 4. When called, please limit your remarks to the time allotted and the specific agenda topic. 5. Members of the public that wish to share a document must email cityclerk@cupertino.org prior to the meeting. These documents will be posted to the City's website after the Page 3 City Council Agenda December 17, 2024 meeting. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL CLOSED 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 Council on any matter within the jurisdiction of the Council and not on the agenda for discussion. The total time for Oral Communications will ordinarily be limited to one hour. Individual speakers are limited to three (3) minutes. As necessary, the Chair may further limit the time allowed to individual speakers, or reschedule remaining comments to the end of the meeting on a first come first heard basis, with priority given to students. In most cases, State law will prohibit the Council from discussing or making any decisions with respect to a matter not listed on the agenda. A councilmember may, however, briefly respond to statements made or questions posed by speakers. A councilmember may also ask a question for clarification, provide a reference for factual information, request staff to report back concerning a matter, or request that an item be added to a future City Council agenda in response to public comment. CONSENT CALENDAR (Items 1-4) 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. 1. Subject: Approve the November 21, 2024 City Council minutes Recommended Action: Approve the November 21, 2024 City Council minutes A - Draft Minutes 2. Subject: Approve the December 3, 2024 City Council minutes Recommended Action: Approve the December 3, 2024 City Council minutes A - Draft Minutes Page 4 City Council Agenda December 17, 2024 3. Subject: Ratifying Accounts Payable for the periods ending November 1, 2024; November 8, 2024; November 15, 2024; November 22, 2024 and November 29, 2024 Recommended Action: A. Adopt Resolution No. 24-116 ratifying Accounts Payable for the Period ending November 1, 2024; B. Adopt Resolution No. 24-117 ratifying Accounts Payable for the Period ending November 8, 2024; C. Adopt Resolution No. 24-118 ratifying Accounts Payable for the Period ending November 15, 2024; D. Adopt Resolution No. 24-119 ratifying Accounts Payable for the Period ending November 22, 2024; and E. Adopt Resolution No. 24-120 ratifying Accounts Payable for the Period ending November 29, 2024 Staff report A - Draft Resolution 11.1.24 B - Weekly AP Payment Register for the Period Ending_11.1,24 C - Draft Resolution 11.8.24 D - Weekly AP Payment Register for the Period Ending 11.8.24 E - Draft Resolution 11.15.24 F - Weekly AP Payment Register for the Period Ending 11.15.24 G - Draft Resolution 11.22.24 H - Weekly AP Payment Register for the Period Ending 11.22.24 I - Draft Resolution 11.29.24 - Weekly AP Payment Register for the Period Ending 11.29.24 4. Subject: City Council meeting schedule through January 21, 2026 Recommended Action: Adopt Resolution No. 24-121 establishing the City Council meeting schedule through January 21, 2026 Staff Report A - Draft Resolution 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 5. Subject: Appointment of 2025 Council Committee assignments Recommended Action: Ratify 2025 Council Committee assignments Staff Report A - Draft 2025 Council Committee Assignments (forthcoming on December 17) Page 5 City Council Agenda December 17, 2024 ITEMS REMOVED FROM THE CONSENT CALENDAR CITY MANAGER REPORT ORAL COMMUNICATIONS - CONTINUED COUNCILMEMBER REPORTS 6. Subject: Councilmember Reports A - Councilmember Report, Fruen B - Councilmember Report, Mohan C - Councilmember Report, Moore FUTURE AGENDA ITEMS ADJOURNMENT Lobbyist Registration and Reporting Requirements: Individuals who influence or attempt to influence legislative or administrative action may be required by the City of Cupertino's lobbying ordinance (Cupertino Municipal Code Chapter 2.100) to register and report lobbying activity. Persons whose communications regarding any legislative or administrative are solely limited to appearing at or submitting testimony for any public meeting held by the City are not required to register as lobbyists. For more information about the lobbying ordinance, please contact the City Clerk's Office at 10300 Torre Avenue, Cupertino, CA 95014, telephone (408) 777-3223; email cityclerk@cupertino.org, and website: www.cupertino.org/lobbyist. The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6; litigation challenging a final decision of the City Council must be brought within 90 days after a decision is announced unless a shorter time is required by State or Federal law. Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City's decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096.. Contact the City Clerk's office for more information or go to http://www.cupertino.org/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. Page 6 City Council Agenda December 17, 2024 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 City web site. IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipal Code section 2.08.100 written communications sent to the City Council, Commissioners or 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 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 7 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, Housing Commission, Library Commission, Parks and Recreation Commission, Planning Commission, Public Safety Commission, Sustainability Commission, Teen Commission, and Technology, Information, and Communications Commission. Council members also serve on a variety of regional bodies, including: Association of Bay Area Governments League of California Cities Santa Clara County (SCC) Cities Association SCC Emergency Preparedness Council SCC Library District SCC Emergency Preparedness Commission Santa Clara Valley Water Commission and Water District SCC Transportation Authoritym West Valley Mayors and Managers STAFF The City Manager and the City Attorney are appointed by the Council. The City Manager is responsible for interpreting and carrying out Council policies and direction, and as the chief administrative officer, the City Manager coordinates the many activities of the city and appoints the professional and technical staff. The City Attorney is the advisor to the City Council as a whole. TYPES OF COUNCIL ACTIONS ORDINANCES Ordinances are the means by which the City enacts its local laws. Unless an urgent situation exists, ordinances will first be presented at a Council meeting as a "first reading." At a subsequent Council meeting, there will be a "second reading and adoption." Ordinances go into effect after a waiting period of thirty days, in most cases, during which time the summary of the ordinance is published in a local newspaper approved for this purpose. RESOLUTIONS Resolutions and minute orders are the means by which the City Council formally adopts policies or approves specific actions. These go into effect when adopted. APPEALS Any interested person, including a Council member, may appeal a Planning Commission or Director of Community Development decision to the City Council. An appeal must be submitted in writing to the City Clerk within 14 calendar days of the mailing of the notice of the decision. RECONSIDERATION Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City's decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's office for more information or go to www.http://www.cupertino.org/index.aspx?page=125 for a reconsideration petition form. COMMUNICATING WITH COUNCIL All Council members citycouncil@cupertino.gov Sheila Mohan SMohan@cupertino.gov (408) 777-1326 J.R. Fruen JRFruen@cupertino.gov (408) 777-1316 Liang Chao LiangChao@cupertino.gov (408) 777-3192 Kitty Moore KMoore@cupertino.gov (408) 777-1389 R "Ray" Wang RWang@cupertino.gov (408) 777-3200 Executive Assistant Debran@cupertino.gov (408) 777-3139 City Hall www.cupertino.gov (408) 777-CITY Please note: the City Council discourages submission of written materials on the day of the meeting as this does not provide enough time to give the materials fair evaluation. If you must provide written materials on the day of the meeting, as least one copy must be given to the City Clerk for the permanent record, and ten copies are preferred. NEWS AND NOTICES FROM CITY HALL EMAIL Sign up for e-notification of agendas, elections, and other news on the city website at www.cupertino.org/notify TELEVISION The City Channel broadcasts City Council and Planning Commission meetings, as well as agenda previews, public service announcements, and other programs of community interest, on Channel 26 in Cupertino. The meetings are shown at these times: Tuesday (live) 6:45 p.m. Friday (replay) 10:00 a.m. Thursday (replay) 7:00 p.m. Saturday (replay) 9:00 a.m. INTERNET City Council and Planning Commission videos are available on demand at www.cupertino.org. Select "I Want To, View City Council meetings". News and community information can also be found at: https://www.faceboo k.com/cityofcuperti no/ https:Htwitter.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) Fire (Emergency) Fire (Non -Emergency ) Garbage Gas & Electricity Recreation & Community Services Police (Emergency) Police (Non -Emergency) Public Health Sanitary Sewers Water General Information and Comments (408) 777-CITY Santa Clara County Fire Dept. dispatch 911 Santa Clara County Fire Dept. (408) 378-4010 Recology South Bay (408) 725-4020 Pacific Gas & Electric (PG&E) 1-800-743-5000 Quinlan Community Center (408) 777-3120 Santa Clara County Sheriff dispatch 911 Santa Clara County Sheriff (408) 868-6600 Santa Clara County Public Health (408) 732-3720 Cupertino Sanitary District (408) 253-7071 San Jose Water (408) 279-7900 California Water (650) 917-0152 STATE OF CALIF'. 1 ) CITY OF CUPERT T p <- 1, �_ lS�a j - - � AGEN15A Ill 0'Y` LE OF "1- 1. �_,i. Clio _. --- - CITY COUNCIh' C U P E RT I N O R RY I r 1 l'i 10350 Torre Avenue, Council Chamber -a d---Q _rw1 Teleconference Location Pursuant to Government C,?de;; section ;549k3(b)(2) t r 5th Floor, No 19, Tongshan Street, Taipei, Taiwan Thursday, December 12, 2024�_�I Televised Special Meeting (Election Results and Swearing -in Ceremony) 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, December 12, 2024, commencing at 6:00 p.m. in Community Hall Council Chamber,10350 Torre Avenue, Cupertino, California 95014 and via teleconference location: 5th Floor, No 19, Tongshan Street, Taipei, Taiwan. 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 ALLEGIANCE ROLL CALL PUBLIC COMMENTS This portion of the meeting is reserved for persons wishing to address the Council regarding all items on the agenda. ELECTION RESULTS Subject: Statement of results of the General Municipal Election held on November 5, 2024 and declaration of candidates who received the most votes and were elected for the position of City of Cupertino Council Member. Recommended Action: Adopt the Resolution 24-115 stating the election results for the General Municipal Election held on November 5, 2024 and declaring the candidates who received the most votes and were elected for the position of City of Cupertino Council Member. Page 1 City Council Agenda December 12, 2024 Staff Report A - Draft Resolution and Exhibit A B — Certificates of Election and Oaths of Office RECOGNITION OF OUTGOING COUNCILMEMBERS Subject: Recognize outgoing Cotulcilmember Hung Wei OATH OF OFFICE OF RECENTLY ELECTED COUNCILMEMBERS Subject: Oath of Office of Recently Elected Councilmembers ELECTION AND OATH OF MAYOR AND VICE MAYOR Subject: a. Councilmembers elect Mayor b. Councilmembers elect Vice Mayor c. Mayor and Vice Mayor Oath of Office ADJOURNMENT Lobbyist Registration and Reporting Requirements: Individuals who influence or attempt to influence legislative or administrative action may be required by the City of Cupertino's lobbying ordinance (Cupertino Municipal Code Chapter 2.100) to register and report lobbying activity. Persons whose communications regarding any legislative or administrative are solely limited to appearing at or submitting testimony for any public meeting held by the City are not required to register as lobbyists. For more information about the lobbying ordinance, please contact the City Clerk's Office at 10300 Torre Avenue, Cupertino, CA 95014, telephone (408) 777-3223; email cittjclerk@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://zv7vzv.cupertino.org/cityclerkfor a reconsideration petition form. In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend this Page 2 City Council Agenda December 12, 2024 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 agendalminutes page on the City web site. IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipal Code section 2.08.100 written communications sent to the City Council, Commissioners or 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 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 3 s,FATE OF CA L'i P'() S. CITY OF CoptKiNd, AN -7--'YCIF CUPE'M!N0 D F, STATE OF P T:7:.F�-IRY THAT OT"%'(rj�-'JF.) A L F, PW P <S'-- E D D THE AiO��-i�,-'--E/AGENDA ON PI ETIN BOARD xr ciTy H \LL. SIGNA CUPERTINO AGENDA Non Televised Closed Session (6:15) and Televised Regular Meeting (6:45) Tuesday, December 3, 2024 6:15 PM 10350 Torre Avenue, Council Chamber and via Teleconference City Council SHEILA MOHAN, MAYOR J.R. FRUEN, VICE MAYOR LIANG CHAO, COUNCILMEMBER KITTYMOORE, COUNCILMEMBER HUNG WEI, COUNCILMEMBER IN PERSON AND TELECONFERENCE MEETING For more information: (408) 777-3200 1 www.cupertino.gov City Council Agenda December 3, 2024 IN -PERSON AND TELECONFERENCE / PUBLIC PARTICIPATION INFORMATION Members of the public wishing to observe the meeting may do so in one of the following ways: 1) Attend in person at Cupertino Community Hall,10350 Torre Avenue. 2) Tune to Comcast Channel 26 and AT&T U-Verse Channel 99 on your TV. 3) The meeting will also be streamed live on and online at www.Cupertino.org/youtube and www.Cupertino.org/webcast Members of the public wishing`fo 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 4:00 p.m. on Tuesday, December 3 to the Council at citycouncil@cupertino.org. These e-mail comments will also be forwarded to Councilmembers by the City Clerk's office before the meeting and posted to the City's website after the meeting. Members of the public that wish to share a document must email cityclerk@cupertino.org prior to the meeting. Entailed comments that are related to an agenda item and received following the agenda publication, prior to or during the meeting, will be posted to the City's website. 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. 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 Page 2 City Council Agenda December 3, 2024 meeting: Online Register in advance for this webinar: https:Hcityofcupertino.zoom.us/webinar/register/WN_LP_uxvYCSCizgNCxHS6-nQ#/ Phone Dial: 669-900-6833 and enter Webinar ID: 925 8735 1472 (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: 925 87351472 SIP: 92587351472@zoomcrc.com After registering, you will receive a confirmation email containing information about joining the webinar. Please read the following instructions carefully: 1. You can directly download the teleconference software or connect to the meeting in your internet browser. If you are using your browser, make sure you are using a current and up-to-date browser: Chrome 30+, Firefox 27+, Microsoft Edge 12+, Safari 7+. Certain functionality may be disabled in older browsers, including Internet Explorer. 2. You will be asked to enter an email address and a name, followed by an email with instructions on how to connect to the meeting. Your email address will not be disclosed to the public. If you wish to make an oral public comment but do not wish to provide your name, you may enter "Cupertino Resident" or similar designation. 3. When the Mayor calls for the item on which you wish to speak, click on "raise hand," or, if you are calling in, press *9. Speakers will be notified shortly before they are called to speak. 4. When called, please limit your remarks to the time allotted and the specific agenda topic. 5. Members of the public that wish to share a document must email cityclerk@cupertino.org Page 3 City Council Agenda December 3, 2024 prior to the meeting. These documents will be posted to the City's website after the meeting. ROLL CALL - 6:15 PM 10300 Torre Avenue, Conference Room C CLOSED SESSION 1. Subject: Conference with legal counsel - existing litigation pursuant to Government Code § 54956.9 and initiation of litigation pursuant to Government Code § 54956.9(c) (Ali et al. v. City of Cupertino et al., Santa Clara County Superior Court Case No. 24CV439697) RECESS CALL TO ORDER - 6:45 PM 10350 Torre Avenue, Community Hall and via Teleconference PLEDGE OF ALLEGIANCE ROLL CALL CLOSED SESSION REPORT CEREMONIAL ITEMS POSTPONEMENTS AND ORDERS OF THE DAY ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the Council on any matter within the jurisdiction of the Council and not on the agenda for discussion. The total time for Oral Communications will ordinarily be limited to one hour. Individual speakers are limited to three (3) minutes. As necessary, the Chair may further limit the time allowed to individual speakers, or reschedule remaining comments to the end of the meeting on a first come first heard basis, with priority given to students. In most cases, State law will prohibit the Council from discussing or making any decisions with respect to a matter not listed on the agenda. A councilmember may, however, briefly respond to statements made or questions posed by speakers. A councilmember may also ask a question for clarification, provide a reference for factual information, request staff to report back concerning a matter, or request that an item be added to a future City Council agenda in response to public comment. CONSENT CALENDAR (Items 2-10) Items appearing on the Consent Calendar are considered routine Citlj 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 Page 4 City Council Agenda December 3, 2024 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: Resolution amending the City of Cupertino Conflict of Interest Code for officials and designated employees; Amended 2024 Local Agency Biennial Notice (Continued from November 19, 2024) Recommended Action: 1.) Adopt Resolution No. 24-099 rescinding Resolution No. 24-083 and amending the City of Cupertino Conflict of Interest Code for officials and designated employees; and 2.) Authorize the City Manager to sign the amended 2024 Local Agency Biennial Notice Staff Report A — Adopted Resolution No. 24-083 and 2024 Local Agency Biennial Notice B - Draft Resolution and Conflict of Interest Code (redline) C — Draft Resolution and Conflict of Interest Code (clean) D — Amended 2024 Local Agency Biennial Notice 3. Subject: Adopt the OPEB and Pension Trust Investment Policies (Continued from November 19, 2024) Recommended Action: A. Adopt Resolution No. 24-107 for the OPEB Trust Investment Policy; and B: Adopt Resolution No. 24-108 for the Pension Trust Investment Policy Staff Report A - OPEB Trust Investment Policy (Redline) B - OPEB Trust Investment Policy (Clean) C - OPEB Trust Investment Policy Draft Resolution D - Pension Trust Investment Policy (Redline) E - Pension Trust Investment Policy (Clean) F - Pension Trust Investment Policy Draft Resolution 4. Subject: Approve the November 18, 2024 City Council minutes Recommended Action: Approve the November 18, 2024 City Council minutes A - Draft Minutes 5. Subject: Approve the November 19, 2024 City Council. minutes Recommended Action: Approve the November 19, 2024 City Council minutes A - Draft Minutes 6. Subject: Declare properties as having potential fire hazards from weeds or other potential nuisances for the Cupertino Weed Abatement Program. Page 5 City Council Agenda December 3, 2024 Recommended Action: Adopt Resolution No. 24-111 declaring properties as having potential fire hazards from weeds or other potential nuisances (Attachment A) and set hearing on January 22, 2025 to declare a public nuisance and to consider objections for proposed removal. Staff Report ' B — Cupertino Commencement Report (Exhibit Al 7. Subject: Receive the FY 2023-24 Annual Comprehensive Financial Report (ACFR) Recommended Action: Receive the FY 2023-24 Annual Comprehensive Financial Report (ACFR) Staff Report A - FY 2023-24 ACFR 8. Subject: The Fourth Amendment to the SimpliGov agreement for Business Process Automation Software. Recommended Action: Authorize the City Manager to execute a Fourth Amendment with SimpliGov, for Business Process Automation Software, for a total not -to -exceed amount of $307,000, extending the term through March 30, 2027. Staff Report A - Draft Fourth Amendment 22-042 B - Third Amendment 22-042 C - Second Amendment 22-042 D - First Amendment 22-042 E - Base Agreement 22-042 9. Subject: Award a construction contract for the Light Emitting Diode (LED) Streetlight Installation Project to Bear Electrical Solutions in the amount of $628,449 and approve a third amendment to the construction management agreement with Tanko Lighting for a total contract amount not to exceed $306,914. Recommended Action: 1. Award a construction contract for the LED Streetlight Installation Project (budget unit 420-99-258, project number 2022-13) in the amount of $629,449 to Bear Electrical Solutions. 2. Authorize the City Manager to execute the construction contract when all conditions have been met. 3. Authorize the Director of Public Works to execute any necessary change orders up to a construction contingency amount of $62,945 (10%) for a total contract amount of $692,394. 4. Authorize the third amendment to an agreement with Tanko Lighting for ConstructionManagement and Consulting Services on various Capital Improvement Programs (CIP) Projects, by increasing the contract amount by $156,914, for a total contract amount not to exceed $306,914. Page 6 City Council Agenda December 3, 2024 Staff Report A - Draft Contract B - Draft Amended Agreement Tanko Lighting 10. Subject: Approval of a contract with Alta Planning + Design, Inc. for the Development of an Active Transportation Plan (ATP) in the amount of $300,000. (PW - David Stillman) Recommended Action: 1. Approve a contract services agreement with Alta Planning + Design, Inc. in the amount of $300,000 for the development of a citywide Active Transportation Plan. 2. Authorize the City Manager to execute the agreement and any necessary amendments within the approved budget of $330,000. 3. Authorize the City Manager to execute any change orders up to a project contingency amount of $30,000 (10%), for a total contract amount of $330,000. Staff Report A - Draft Contract PUBLIC HEARINGS - None Effective January 1, 2023, Government Code Section 65103.5 (SB 1214) limits the distribution of copyrighted material associated with the review of development projects. Members of the public wishing to view plans that cannot otherwise be distributed under SB 1214 may make an appointment with the Planning Division to view them at City Hall by sending an email to planningCcupertino.org. Plans will also be made available digitally during the hearing to consider the proposal. ACTION CALENDAR 11. Subject: City Manager's First Quarter Financial Report for Fiscal Year (FY) 2024-25 (Continued from November 19, 2024) Recommended Action: A. Accept the City Manager's First Quarter Financial Report for Fiscal Year 2024-25; and B. .Adopt Resolution No. 24-106 approving Budget Modification No. 2425-367, increasing appropriations by $331,128 fund by unassigned fund balance. Presenter: Kristina Alfaro, Director of Administrative Services Staff Report A - FY24-25 First Quarter Financial Report B - Draft Resolution C — Description of Carryovers and Adjustments as of September 30, 2024 D — Description of Budget Transfers as of September 30, 2024 E - First Quarter Recommended Budget Adjustments F — FY 2023-24 Special Projects Update G — FY 2024-25 First Quarter Special Projects Update as of September 30, 2024 H — Competitive and Non -Competitive Citywide Grants Tracking I — FY 2024-25 First Quarter CIP Project Status Page 7 City Council Agenda December 3, 2024 12. Subject: Capital Improvement Program Photovoltaic Systems Design and Installation Project. Recommended Action: Approve the Capital Improvement Programs Photovoltaic Systems Design and Installation Project conceptual design for three City of Cupertino facilities: Community Hall, Cupertino Sports Center, and Quinlan Community Center. Presenter: Susan Michael, Capital Improvement Programs Manager Staff Report A - FY 24-25 CIP Project Narratives Excerpt B - Preliminary Cost Estimates C - Programming Cost Funding Report D - SCCLD Letter of Support for Postponement 13. Subject: Approve the third amendment to the City Attorney's employment contract and revise the Appointed Employees' Compensation Program Recommended Action: A. Adopt Resolution No. 24-112 approving the third amendment to the City Attorney's employment contract; B. Adopt Resolution No. 24-113 to amend the Appointed Employees' Compensation Program effective December 3, 2024; and C. Adopt Resolution No. 24-114 approving Budget Modification No. 2425-370, increasing appropriations by $19,691, resulting in the use of unassigned fund balance of $19,691 Presenter: Kristina Alfaro, Director of Administrative Services A — Draft Resolution approving the third Amendment to City Attorney Employment Agreement B — Draft Third Amendment to the City Attorney Employment Agreement C — Draft Resolution amending Appointed Employees' Compensation Program D — Amendments to the Appointed Employees' Compensation Program (Redline) E — Amendments to the Appointed Employees' Compensation Program (Clean F — Draft Resolution approving budget modification ITEMS REMOVED FROM THE CONSENT CALENDAR CITY MANAGER REPORT ORAL COMMUNICATIONS - CONTINUED COUNCILMEMBER REPORTS 14. Subject: Councilmember Reports A - Councilmember Report, Fruen B - Councilmember Report, Mohan FUTURE AGENDA ITEMS ADJOURNMENT Page 8 City Council Agenda December 3, 2024 Lobbyist Registration and Reporting Requirements: Individuals who influence or attempt to influence legislative or administrative action may be required by the City of Cupertino's lobbying ordinance (Cupertino Municipal Code Chapter 2.100) to register and report lobbying activity. Persons whose communications regarding any legislative or administrative are solely limited to appearing at or submitting testimony for any public meeting held by the City are not required to register as lobbyists. For more information about the lobbying ordinance, please contact the City Clerk's Office at 10300 Torre Avenue, Cupertino, CA 95014, telephone (408) 777-3223; email cityclerk@cupertino.org; and website: www.cupertino.org/lobbyist. The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6; litigation challenging a final decision of the City Council must be brought within 90 days after a decision is announced unless a shorter time is required by State or Federal law. Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City's decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's office for more information or go to http://www.cupertino.org/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 City web site. IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipal Code section 2.08.100 written communications sent to the City Council, Commissioners or 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 website and kept in packet archives. Do not include any personal or private information in written communications to the City that you do not wish to make public, as written communications are considered public records and will be made publicly available on the City website. Page 9 STATE OF CALIFORNIA COUNTY OF MCL. RA�� CITY OF CLyPERTTHE CITY OF CUPE MENT, STAI'E UNLjER PLI PERJ URY At AT ON (DATE) EN(TIME) )AM I PE SO E NOTICE/AGENDA O BOAI-W AT CITY SIGN.Xf U CUPERTINO AGENDA Televised Regular Meeting (6:45) Tuesday, November 19, 2024 6:45 PM SS. AN 1 INO PA IZT 'OF iY I'1 IE IALL. 10350 Torre Avenue, Council Chamber and via Teleconference; and eleconference Location Pursuant to Government Code section 54953(b)(2 ; 5th Floor, No 19, Tongshan Street, Taipei, Taiwan City Council SHEILA MOHAN, MAYOR J.R. FRUEN, VICE MAYOR LIANG CHAO, COUNCILMEMBER KITTYMOORE, COUNCILMEMBER HUNG WEI, COUNCILMEMBER IN PERSON AND TELECONFERENCE MEETING CONDUCT OF BUSINESS The Mayor is the presiding officer of the City Council. Any member of the public may speak on any item on the agenda for up to three minutes. All statements and questions must be addressed to the Mayor. City Council hearings serve as a venue for the discussion of sometimes divergent points of view. Please respect the opinions of others and refrain from cheering or clapping. That may delay the meeting or intimidate other persons wishing to express alternate views. Actions that disrupt the meeting will result in a warning, followed by removal if disruption continues. Oral public comments will be accepted during the meeting. Comments may be made during "oral comm6ffication"s'�for'matters not'on the agenda, and during the public comment period for each agenda item. Identifying yourself is voluntary and not required to attend the meeting or provide comments. FLOWCHART FOR HEARING ITEMS: Mayor introduces agenda item Mayor opens the public hearing f--� Councilmembers report any site visits or outside communications. i Staff reports and makes Councilmembers ask clarifying recommendation questions. i Applicant or Appellant makes presentation For appeals of approvals, the applicant may respond to (up to 8 min) appellants presentation. i Councilmembers ask questions of staff or applicant/appellant i Mayor invites members of Speakers submit a Request to Speak the public to speak about card, and are allowed up to 3 minutes the agenda item per individual. Council members may questions of speakers. iask Mayor invites applicantlappellant to respond to public comments (2 min) i Mayor closes the public hearing i The Mayor may request a motion and City Council votes on a second after the close of the public the agenda item hearing. Council then deliberates and votes. PUBLIC HEARINGS The City Council is required by law to hold public hearings on certain matters prior to making its decision. Notice to interested parties is given by legal advertisement in the local newspaper of general circulation at least 10 calendar days preceding the hearing date. Applications requiring public hearings include change of zoning, variances, use permits, and tentative maps. COUNCIL MEETINGS The City Council regularly meets the first and third Tuesdays of each month. These meetings are held at 6:45 p.m. Closed sessions, when needed, are normally held at 6:00 p.m. Closed sessions cover items such as personnel, litigation, or the sale , purchase, or lease of property. The law requires certain actions taken in closed session to be reported in open session. Urgent business, holidays, or election days may trigger special or adjourned meetings. These meetings will be noticed beforehand. AGENDAS, MINUTES, AND PACKETS AVAILABLE ON THE WEB Agendas, minutes, and packets for current and prior City Council and Planning Commission meetings are available at www.cupertino.org, or you can purchase the items on CD. CITY COUNCIL DECISION IS FINAL Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City's decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's office for more information or go to www.httD://WWW.CUDertino.ore/index.as px?page=125 for a reconsideration petition form. City Council Agenda November 19, 2024 IN -PERSON AND TELECONFERENCE / PUBLIC PARTICIPATION INFORMATION Members of the public wishing to observe the meeting may do so in one of the following ways: 1) Attend in person at Cupertino Community Hall, 10350 Torre Avenue. 2) Tune to Comcast Channel 26 and AT&T U-Verse Channel 99 on your TV. 3) The meeting will also be streamed live on and online at www.Cupertino.org/youtube and www.Cupertino.org/webcast Members of the public wishing to comment on an item on the agenda may do so in the following ways: 1) Appear in person at Cupertino Community Hall or at the teleconference location. 2) E-mail comments by 4:00 p.m. on Tuesday, November 19 to the Council at citycouncil@cupertino.gov. These e-mail comments will also be forwarded to Councilmembers by the City Clerk's office before the meeting and posted to the City's website after the meeting. Members of the public that wish to share a document must email cityclerk(@cupertino.org prior to the meeting. Emailed comments that are related to an agenda item and received following the agenda publication, prior to or during the meeting, will be posted to the City's website. 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. 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 Page 2 City Council Agenda November 19, 2024 meeting: Online Register in advance for this webinar: https:Hcityofcupertino.zoom.us/webinar/register/WN_SdtDA9PgQc6kisccjmh-cg Phone Dial: 669-900-6833 and enter Webinar ID: 989 91851105 (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: 989 91851105 SIP: 98991851105@zoomcrc. com After registering, you will receive a confirmation email containing information about joining the webinar. Please read the following instructions carefully: 1. You can directly download the teleconference software or connect to the meeting in your internet browser. If you are using your browser, make sure you are using a current and up-to-date browser: Chrome 30+, Firefox 27+, Microsoft Edge 12+, Safari 7+. Certain functionality may be disabled in older browsers, including Internet Explorer. 2. You will be asked to enter an email address and a name, followed by an email with instructions on how to connect to the meeting. Your email address will not be disclosed to the public. If you wish to make an oral public comment but do not wish to provide your name, you may enter "Cupertino Resident" or similar designation. 3. When the Mayor calls for the item on which you wish to speak, click on "raise hand," or, if you are calling in, press *9. Speakers will be notified shortly before they are called to speak. 4. When called, please limit your remarks to the time allotted and the specific agenda topic. 5. Members of the public that wish to share a document must email cityclerk@cupertino.org prior to the meeting. These documents will be posted to the City's website after the Page 3 City Council Agenda November 19, 2024 meeting. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL CLOSED SESSION REPORT CEREMONIAL ITEMS 1. Subject: Recognition of November 30, 2024 as Small Business Saturday Recommended Action: Recognize November 30, 2024 as Small Business Saturday A - Proclamation PRESENTATIONS 2. Subject: Annual Report of the Technology, Information, and Communications Commission Recommended Action: Receive report of annual activities of the Technology, Information, and Communications Commission 3. Subject: Presentation from Cupertino Bhubaneswar Sister City Recommended Action: Receive presentation from Cupertino Bhubaneswar Sister City 4. Subject: Presentation from Cupertino Toyokawa Sister City Recommended Action: Receive presentation from Cupertino Toyokawa Sister City POSTPONEMENTS AND ORDERS OF THE DAY ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the Council on any matter within the jurisdiction of the Council and not on the agenda for discussion. The total time for Oral Communications will ordinarily be limited to one hour. Individual speakers are limited to three (3) minutes. As necessary, the Chair may further limit the time allowed to individual speakers, or reschedule remaining comments to the end of the meeting on a first come first heard basis, with priority given to students. In most cases, State law will prohibit the Council from discussing or making any decisions with respect to a matter not listed on the agenda. A councilmember may, however, briefly respond to statements made or questions posed by speakers. A councilmember may also ask a question for clarification, provide a reference for factual information, request staff to report back concerning a matter, or request that an item be added to a f iture City Council agenda in response to public comment. Page 4 City Council Agenda November 19, 2024 CONSENT CALENDAR (Items 5-15) 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 regitest 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. 5. Subject: Approve the October 15, 2024 City Council minutes Recommended Action: Approve the October 15, 2024 City Council minutes A - Draft Minutes 6. Subject: Approve the October 23, 2024 City Council minutes Recommended Action: Approve the October 23, 2024 City Council minutes A - Draft Minutes 7. Subject: Resolution amending the City of Cupertino Conflict of Interest Code for officials and designated employees; Amended 2024 Local Agency Biennial Notice Recommended Action: 1.) Adopt Resolution No. 24-099 rescinding Resolution No. 24-083 and amending the City of Cupertino Conflict of Interest Code for officials and designated employees; and 2.) Authorize the City Manager to sign the amended 2024 Local Agency Biennial Notice Staff Report A - Adopted Resolution No. 24-083 and 2024 Local Agency Biennial Notice B - Draft Resolution and Conflict of Interest Code (redline) C - Draft Resolution and Conflict of interest Code (clean) D - Amended 2024 Local Agencv Biennial Notice 8. Subject: Ratifying Accounts Payable for the periods ending October 4, 2024; October 11, 2024; October 18, 2024; and October 25, 2024 Recommended Action: A. Adopt Resolution No. 24-100 ratifying Accounts Payable for the Period ending October 4, 2024; B. Adopt Resolution No. 24-101 ratifying Accounts Payable for the Period ending October 11, 2024; C. Adopt Resolution No. 24-102 ratifying Accounts Payable for the Period ending October 18, 2024; and D. Adopt Resolution No. 24-103 ratifying Accounts Payable for the Period ending October 25, 2024 Page 5 City Council Agenda November 19, 2024 Staff report A - Draft Resolution 10.4.24 B - Weekly AP Payment Register for the Period Ending 10.4.24 C - Draft Resolution 10.11.24 D - Weekly AP Payment Register for the Period Ending 10.11.24 E - Draft Resolution 10.18.24 F - Weekly AP Payment Register for the Period Ending 10.18.24 G - Draft Resolution 10.25.24 H - Weekly AP Payment Register for the Period Ending 10.25.24 9. Subject: Adoption of amendments to Cupertino Municipal Code Chapter 2.32 (Planning Commission), Chapter 2.74 (Technology, Information, and Communications Commission), Chapter 2.86 (Housing Commission), Chapter 11.08 (Bicycles), and Chapter 13.04 (Parks), and repeal of Municipal Code Chapter 15.04 (Waterworks System - Rates and Charges). Recommended Action: Conduct the second reading of and adopt Ordinance No. 24-2267: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO REPEALING MUNICIPAL CODE CHAPTER 15.04 AND AMENDING MUNICIPAL CODE CHAPTERS 2.32, 2,74, 2.86, 11.08, AND 13.04." Staff Report A - Draft Ordinance No. 24-2267 (Clean) B - Draft Ordinance No. 24-2267 (Redline) 10. Subject: Mitigation Fee Act - the Annual & Five -Year Report for Fiscal Year (FY) 2023-2024 Recommended Action: Adopt Resolution No. 24-104 entitled "A Resolution of the City of Cupertino City Council approving the Annual and Five -Year Mitigation Fee Report for Fiscal Year ending June 30, 2024, and making required findings" to: 1. Make the required findings; and 2. Approve the Annual & Five -Year Mitigation Fee Report for the Fiscal Year ending June 30, 2024, as required by Government Code Section 66000 et seq. Staff Report A - Annual & Five -Year Report for FY 2024 B - Draft Resohition 11. Subject: Adopt a maximum rate schedule for Rate Period Five (RP 5) for Recology to provide recycling, organics, and solid waste collection, recycling and organics processing services, and transport for disposal as calculated using the allowed and approved methodology in the Franchise Agreement (Attachment A) Page 6 City Council Agenda November 19, 2024 Recommended Action: Adopt Resolution No. 24-105 (Attachment B) to: 1) Adopt a maximum rate schedule for RP 5 for Recology to provide recycling, organics, and solid waste collection, recycling and organics processing services, and transport for disposal pursuant to the Franchise Agreement (Attachment A (FA Exhibit E1)); and 2) Authorize the use of $394,465 of restricted -use Enterprise Funds to smooth and mitigate the RP 5 adjustment Staff Report A - Recology Franchise Agreement B - Draft Resolution 12. Subject: Award a contract to Lifetime Activities Inc. for Sports Center Instruction, Court Maintenance, and Retail Services at the Cupertino Sports Center for a total not -to -exceed amount of $24,000,000. Recommended Action: 1. Award a 10-Year contract to Lifetime Activities Inc. to provide Sports Center Instruction, Court Maintenance, and Retail Services at the Cupertino Sports Center for a total not -to -exceed amount of $24,000,000 with the estimated revenue amount of $3,450,000; and 2. Authorize the City Manager to execute the contract with Lifetime Activities Inc. consistent with City Council direction. Staff Report A - Draft Agreement 13. Subject: First Amendment to contract with Azteca Systems, LLC., for Cityworks, Cupertino's Asset Management System subscription service, for a total not -to -exceed amount of $362,584.37, and extending the contract date to December 30, 2028. Recommended Action: Authorize the City Manager to execute a First Amendment of the contract with Azteca Systems, LLC., for Cityworks, Cupertino's Asset Management System subscription service, for a total not -to -exceed amount of $362,584.37 and extending the contract date to December 30, 2028. Staff Report A - Draft First Amendment B - Base Agreement C - Sole Source Letter 14. Subject: City Manager's First Quarter Financial Report for Fiscal Year (FY) 2024-25 Recommended Action: A. Accept the City Manager's First Quarter Financial Report for Fiscal Year 2024-25; and B. Adopt Resolution No. 24-106 approving Budget Modification No. 2425-367, increasing appropriations by $331,128 fund by unassigned fund balance. Page 7 City Council Agenda November 19, 2024 Staff Report A - FY24-25 First Quarter Financial Report B - Draft Resolution C — Description of Carryovers and Adjustments as of September 30, 2024 D — Description of Budget Transfers as of September 30, 2024 E - First Quarter Recommended Budget Adjustments F — FY 2023-24 Special Projects Update G — FY 2024-25 First Quarter Special Projects Update as of September 30, 2024 H — Competitive and Non -Competitive Citywide Grants Tracking I — FY 2024-25 First Quarter CIP Project Status 15. Subject: Adopt the OPEB and Pension Trust Investment Policies Recommended Action: A. Adopt Resolution No. 24-107 for the OPEB Trust Investment Policy; and B. Adopt Resolution No. 24-108 for the Pension Trust Investment Policy Staff Report A - OPEB Trust Investment Policy (Redline) B - OPEB Trust Investment Poligy Qeanj C - OPEB Trust Investment Policy Draft Resolution D - Pension Trust Investment Policy (Redline) E - Pension Trust Investment Policy (Clean) F - Pension Trust Investment Policy Draft Resolution PUBLIC HEARINGS - None Effective Januanj 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 tinder SB 1214 may make an appointment with the Planning Division to view them at City Hall by sending an email to planning@citpertino.org. Plans will also be made available digitally during the hearing to consider the proposal. ACTION CALENDAR 16. Subject: Adopt an allocation plan for funds uncommitted from the Sales Tax Repayment reserve Page 8 City Council Agenda November 19, 2024 Recommended Action: Option A: A. Adopt Option A Option B: A. Adopt Option B B. Adopt Resolution No. 24-109 approving budget modification No. 2425-366, increasing appropriations by $11,688,705 C. Adopt Resolution No. 24-110 amending the Unrepresented Employees' Compensation Program D. Approve new three-year limited term Grants Analyst position for grants management E. Approve new Assistant Director of Administrative Services, Grants Analyst, Senior Business Systems Analyst and Supervising Code Enforcement classifications Option C: A. Adopt Option C B. Adopt Resolution No. 24-109 approving budget modification No. 2425-366, increasing appropriations by $11,688,705 C. Adopt Resolution No. 24-110 amending the Unrepresented Employees' Compensation Program D. Approve new three-year limited term Grants Analyst position for grants management E. Approve new Assistant Director of Administrative Services, Grants Analyst, Senior Business Systems Analyst and Supervising Code Enforcement classifications Staff Report A — One-time Funds Allocation Plan Fiscal Year 2024-25 B - Committed, Unassigned Fund Balance, and Use of One Time Funds Policy 012tions A and B Redline C - Option A Committed, Unassigned Fund Balance, and Use of One Time Funds Policy (Clean) D — Option B Committed, Unassigned Fund Balance, and Use of One Time Funds Policy (Clean) E — Detailed allocation plan for current use F - Draft Resolution Budget Modification G — Assistant Director of Administrative Services Position Description H — Grants Management Analyst Position Description I — Code Enforcement Supervisor Position Description I — Senior Business Systems. Analyst Position Description K — Unrepresented Employees' Compensation Program (Redline) L — Draft Resolution Amending the Unrepresented Employees' Compensation Program M — Unfunded CIP List ITEMS REMOVED FROM THE CONSENT CALENDAR CITY MANAGER REPORT Page 9 City Council Agenda November 19, 2024 ORAL COMMUNICATIONS - CONTINUED COUNCILMEMBER REPORTS 17. Subject: Councilmember Reports A - Councilmember Report, Chao B - Councilmember Report, Fruen C - Councilmember Report, Mohan D - Councilmember Report, Moore FUTURE AGENDA ITEMS ADJOURNMENT Lobbyist Registration and Reporting Requirements: Individuals who influence or attempt to influence legislative or administrative action may be required by the City of Cupertino's lobbying ordinance (Cupertino Municipal Code Chapter 2.100) to register and report lobbying activity. Persons whose communications regarding any legislative or administrative are solely limited to appearing at or submitting testimony for any public meeting held by the City are not required to register as lobbyists. For more information about the lobbying ordinance, please contact the City Clerk's Office at 10300 Torre Avenue, Cupertino, CA 95014, telephone (408) 777-3223, email cihjclerk@citpertino.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 adjudicatonj (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://zt;urw.citpertino.org/cihjclerkfor 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, Page 10 City Council Agenda November 19, 2024 10300 Torre Avenue, Cupertino, California 95014, during normal business hours; and In Council packet archives linked from the agenda/minutes page on the Cihj web site. IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipal Code section 2.08.100 written communications sent to the Cihj Council, Commissioners or 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 website and kept in packet archives. Do not include any personal or private information in written communications to the Cihj 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 11 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, Housing Commission, Library Commission, Parks and Recreation Commission, Planning Commission, Public Safety Commission, Sustainability Commission, Teen Commission, and Technology, Information, and Communications Commission. Council members also serve on a variety of regional bodies, including: Association of Bay Area Governments League of California Cities Santa Clara County (SCC) Cities Association SCC Emergency Preparedness Council SCC Library District SCC Emergency Preparedness Commission Santa Clara Valley Water Commission and Water District SCC Transportation Authoritym West Valley Mayors and Managers STAFF The City Manager and the City Attorney are appointed by the Council. The City Manager is responsible for interpreting and carrying out Council policies and direction, and as the chief administrative officer, the City Manager coordinates the many activities of the city and appoints the professional and technical staff. The City Attorney is the advisor to the City Council as a whole. TYPES OF COUNCIL ACTIONS ORDINANCES Ordinances are the means by which the City enacts its local laws. Unless an urgent situation exists, ordinances will first be presented at a Council meeting as a "first reading." At a subsequent Council meeting, there will be a "second reading and adoption." Ordinances go into effect after a waiting period of thirty days, in most cases, during which time the summary of the ordinance is published in a local newspaper approved for this purpose. RESOLUTIONS Resolutions and minute orders are the means by which the City Council formally adopts policies or approves specific actions. These go into effect when adopted. APPEALS Any interested person, including a Council member, may appeal a Planning Commission or Director of Community Development decision to the City Council. An appeal must be submitted in writing to the City Clerk within 14 calendar days of the mailing of the notice of the decision. RECONSIDERATION Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City's decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's office for more information or go to www.http://www.cupertino.org/index.aspx?page=125 for a reconsideration petition form. COMMUNICATING WITH COUNCIL All Council members citycouncil@cupertino.gov Sheila Mohan SMohan@cupertino.gov (408) 777-1326 J.R. Fruen JRFruen@cupertino.gov (408) 777-1316 Liang Chao LiangChao@cupertino.gov (408) 777-3192 Kitty Moore KittyMoore@cupertino.gov (408) 777-1389 Hung Wei HWei@cupertino.gov (408) 777-1389 Executive Assistant Debran@cupertino.gov (408) 777-3139 City Hall www.cupertino.gov (408) 777-CITY Please note: the City Council discourages submission of written materials on the day of the meetine 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:Htwitter.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 1zCITY OF CUPERTINO ' ) SS. AGENDA_,`,-'. AN CITY COUNCI CUPERTINO 10300 rTF - Torre Avenue, Conference Roo#i\ C nd Teleconference Location Pursuant to GovernmentC'ode s ce hon 54953(b)(2), 5th Floor, No 19, Tongshan Street, Taipei, Taiwan` , .N,i Monday, November- 8, `2 24 5:00 PM I L _ h Special Meeting Non -Televised Nosed Session (5:00) 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 Monday, November 18, 2024, commencing at 5:00 p.m. in City Hall, Conference Room C,10300 Torre Avenue, Cupertino, California 95014. Said special meeting shall be for the purpose of conducting business on the subject matters listed below under the heading, "Special Meeting." SPECIAL MEETING ROLL CALL - 5:00 PM CLOSED SESSION 1. Subject: Public Employee Performance Evaluation (Gov. Code § 54957(b)(1)); Title: City Manager RECESS ROLL CALL - 8:00 PM 2. Subject: Public Employee Performance Evaluation (Gov. Code § 54957(b)(1)); Title: City Attorney OPEN SESSION REPORT REGARDING CLOSED SESSION ADJOURNMENT Lobbyist Registration and Reporting Retluirements: Individuals who influence or attempt to influence legislative or administrative action may be retlttired by the City of Citpertino's lobbying ordinance (Crtpertino 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 Arge 1 City Council Agenda November 28, 2024 submitting testimony far any public meeting held by the City acre not required to register as lobbyists. For ntore information about [lie lobbying ordinance, please contact the City Clerk's Office at 10300 Torre Avenue, Cupertino, CA 95014, telephone (408) 777-3223; email cihjclerk@t-tipertino.org, and website: zt7ztnt7.citpertino.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 retest comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's office for more inforination or go to littp:ll7t7ztyzi7.citpertino.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 Bearing 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 majorihj 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 City web site. IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipal Code section 2.08.100 written communications sent to the City Council, Commissioners or staff concerning a matter on the agenda are included as supplemental material to the aagendized item. These written communications are accessible to the public through the City-website and kept in packet archives. Do not include any personal or private information in written communications to the Cihj 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 2 CITY OF CUP'MT NO ; -,:: --� ) SS. AGED,l1 CUPERTINO CITY CO�CJI �, ,l. C) - .'tAL UI 10300 Torre Avenue, Conference, Room_ -;.and h :)IA 0 tlr- _ Teleconference Location Pursuant to (�o�e�r gnt1-d1 0 ``y�` cEion 54953(b)(2j,� 5th Floor, No 19, Tongshan pei�T`alwan `� 1 C 1 I Monday, Nover�24 _ 7:00 SIGNATUt\t, Cupertino Public Facilities Corporation Meeting (7:00) Members of the public wishing to observe the meeting may do so in one of the following ways: 1) Attend in person at City Hall, Conference Room C, 10300 Torre Avenue or the Teleconference Location. 2) The meeting will also be streamed live online at cupertino.gov/citymeetingvideos Members of the public wishing to comment on an item on the agenda may do so in the following ways: 1) Attend in person at City Hall, Conference Room C, 10300 Torre Avenue or the Teleconference Location. 2) E-mail comments by 4:00 p.m. on Monday, November 18 to the Corporation at citycouncil@cupertino.gov. These e-mail comments will also be forwarded to Corporation by the City Clerk's office before the meeting and posted to the City's website after the meeting. Oral public comments may be made during the public comment period for each agenda item. Members of the audience who address the Corporation 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. ROLL CALL ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the Corporation on any matter zt7ithin the jurisdiction of the Corporation and not on the agenda. Speakers are limited to three (3) inintttes. In most cases, State laze zoill prohibit the Corporation from making any decisions zt7ith respect Page 1 City Council Agenda November 18, 2024 t0 17 11117ttel" not oil the ageildl7. CONSENT CALENDAR Items appearing on the Consent Calendar are considered routine City business and may be approved by one motion. 1. Subject: Approval of €he October 6, 2020 Cupertino Public Facilities Corporation minutes Recommended Action: Approve the October 6, 2020 Cupertino Public Facilities Corporation minutes A - Draft Minutes ACTION CALENDAR 2. Subject: Cupertino Public Facilities Corporation Management Report Recommended Action: Receive the Cupertino Public Facilities Corporation Management Report A - Management Report ADJOURNMENT Lobbyist Registration and Reporting Requirements: Individuals who inflitence or attempt to inflitenee legislative or administrative action may be required by the City of Citpertino'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 sitbmitting testimony for any public meeting held by the Cihj are not required to register as lobbyists. For more information about the lobbying ordinance; please contact the City Clerk's Office at 10300 Torre Avenue, Cupertino, CA 95014, telephone (408) 777-3223; email cihjclerkoctipertino.org; and avebsite: 7tgt77i7.cltpertino.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 mast be brought Within 90 days after a decision is announced unless a shorter time is regidred by State or Federal law. Prior to seeking judicial review of any adjttdicatory (gtiasi judicial) decision, interested persons mitst file a petition for reconsideration Within ten calendar days of the date the City Clerk mails notice of the City's decision. Reconsideration petitions mast comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's office for more information or go to http://7t77vw.citpertino.org/cityclerk for a reconsideration petition form. In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend this meeting who is visnally or hearing unpaired or has any disability that needs special assistance should Page 2 City Council Agenda November 18, 2024 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 Cihj 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 agendaitninutes page on the Cihj web site. IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipal Code section 2_00.I00 ulfitttAen co nurtunirations sent to the City Council, Commissioners or staff concerning a matter on the qgenda are included as supplemental material to the agendized item. These written communications are accessible to the public through the Cihj 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 3 STATE OF CALIF(", N4 T11k ) CITY OF CUPERTINQ ) SS. AGENDAt)1' C U P E RT I N O CITY COUNChL ,, i, RyT .\'rat 10300 Torre Avenue, Conference Room Q anV 4 Teleconference Location Pursuant to Government `Code'section 54953(bt(2) f, 1 , � i 5th Floor, No 19, Tongsha& S64'vi T4ei, Taiwan LL. Monday, Nove 24 5:00 POKFE. SiGi NI'URE Special Meeting Non -Televised Closed Session (5:00) 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 Monday, November 18, 2024, commencing at 5:00 p.m. in City Hall, Conference Room C,10300 Torre Avenue, Cupertino, California 95014. Said special meeting shall be for the purpose of conducting business on the subject matters listed below under the heading, "Special Meeting." SPECIAL MEETING ROLL CALL - 5:00 PM CLOSED SESSION 1. Subject: Public Employee Performance Evaluation (Gov. Code § 54957(b)(1)); Title: City Manager RECESS ROLL CALL - 8:00 PM 2. Subject: Public Employee Performance Evaluation (Gov. Code § 54957(b)(1)); Title: City Attorney OPEN SESSION REPORT REGARDING CLOSED SESSION 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 (Ctepertino 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 Page 1 City Council Agenda November 18, 2024 submitting testimony for any public meeting held by the City are not required to register as lobbyists. For more information about the lobbying ordinance, please contact the City Clerk's Office at 10300 Torre Avenue, Cupertino, CA 95014, telephone (408) 777-3223; email cityclerk@cupertino.org, and website: www.cupertino.org/lobbyist. The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6, litigation challenging a final decision of the City Council must be brought within 90 days after a decision is announced unless a shorter time is required by State or Federal law. Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City's decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's office for more information or go to http://u)urw.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 City web site. IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipal Code section 2.08.100 written communications sent to the City Council, Commissioners or 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 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 2 CITY OF CUPERTINO ,J. NN OFFICE OF THE CITY CLERK' CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3223 • FAX: 408) 777-3366 CUPERTINO.ORG _ ' 000Nr� i.y i IA' iL, L. CUPERTINO CITYL ------=----- NOTICE OF CANCELLATION NOTICE IS HEREBY GIVEN that the regular meeting of the Cupertino City Council scheduled for Monday, November 04, 2024 beginning at 6:45 p.m. in Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, CA 95014 and via teleconference, is cancelled. Dated this 30t" day of October, 2024 Lauren Sapudar Deputy City Clerk STATE OF CALIFORNTA } ) SS. CITY OF CUPERTIN_0 0�e�- ) , AN AGENDAr- i F 't' C) CITY COUNCIL, fi C O P E RT I N O ('> f, A, r Y. `i 10350 Torre Avenue, Council Chamber and via'Teleconference E' �' . , .I C;I Wednesday, October 23, I'Y il.'�,�L. 2024 6:00 PM id l-1 W r- Special 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. 2)E-mail comments by 4:00 p.m. on Wednesday, October 23 to the Council at citycouncil@cupertino.org. These e-mail comments will also be forwarded to Councilmembers by the City Clerk's office before the meeting and posted to the City's website after the meeting. Members of the public that wish to share a document must email cityclerk@cupertino.org prior to the meeting. 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. 3) Teleconferencing Instructions Page 1 City Council Agenda October 23, 2024 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:Hcityofcupertino.zoom.us/webinar/register/WN_cQtcjBRQRRuACasfGly2jA Phone Dial: 669-900-6833 and enter Webinar ID: 9321582 8075 (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: 9321582 8075 SIP: 93215828075C@zoomcrc.com After registering, you will receive a confirmation email containing information about joining the webinar. Please read the following instructions carefully: 1. You can directly download the teleconference software or connect to the meeting in your internet browser. If you are using your browser, make sure you are using a current and up-to-date browser: Chrome 30+, Firefox 27+, Microsoft Edge 12+, Safari 7+. Certain functionality may be disabled in older browsers, including Internet Explorer. 2. You will be asked to enter an email address and a name, followed by an email with instructions on how to connect to the meeting. Your email address will not be disclosed to the public. If you wish to make an oral public comment but do not wish to provide your name, you may enter "Cupertino Resident" or similar designation. 3. When the Mayor calls for the item on which you wish to speak, click on "raise hand," or, if you are calling in, press *9. Speakers will be notified shortly before they are called to speak. 4.When called, please limit your remarks to the time allotted and the specific agenda topic. 5. Members of the public that wish to share a document must email cityclerk@cupertino.org Page 2 City Council Agenda October 23, 2024 prior to the meeting. These documents will be 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, October 23, 2024, commencing at 6:00 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 ROLL CALL STUDY SESSION 1. Subject: Statewide Housing Laws that Apply to Applications for Housing Development Projects Recommended Action: Receive report regarding statewide housing laws that apply to applications for housing development projects in the City of Cupertino Presenter: Barbara Kautz, Goldfarb & Lipman LLP ADJOURNMENT Lobbyist Registration and Reporting Requirements: Individuals who influence or attempt to influence legislative or administrative action may be required by the City of Cupertino's lobbying ordinance (Cupertino Municipal Code Chapter 2.100) to register and report lobbying activity. Persons whose communications regarding any legislative or administrative are solely limited to appearing at or submitting testimony for any public meeting held by the City are not required to register as lobbyists. For more information about the lobbying ordinance, please contact the City Clerk's Office at 10300 Torre Avenue, Cupertino, CA 95014, telephone (408) 777-3223; email cityclerk@cupertino.org, and website: zvzvw.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 lazo. 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://zvzuzv.eupertino.orglcihjclerk for a reconsideration petition form. Page 3 City Council Agenda October 23, 2024 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 City web site. IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipal Code section 2.08.100 written communications sent to the City Council, Commissioners or 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 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 4 STATE OF CALII~0PNI,X CITY OF CU COUNTY_U 1 TA LARA 7 ATIN,� 'I�` rrY �F c I tic NT, S I NI'E 1`:' %i_;IZ PEN Al PERJURY THAT' ON �DAII—E) I(:�5 (TIME) I P I= .S E NOT;C'E/ GENDA BOARD AT CITY CUPERTINO AGENDA Televised Regular Meeting (6:45) Tuesday, October 15, 2024 051 ) SS. AN - N IO I=i�-'ARl r A' OF �.IY N -L1',E 11,,'� LL. SIGN-ATURE 10350 Torre Avenue, Council Chamber and via Teleconference eleconference Location Pursuant to Government Code section 54953(b)(2 ; 5th Floor, No 19, Tongshan Street, Taipei, Taiwan City Council SHEILA MOHAN, MAYOR J.R. FRUEN, VICE MAYOR LIANG CHAO, COUNCILMEMBER KITTYMOORE, COUNCILMEMBER HUNG WEI, COUNCILMEMBER IN PERSON AND TELECONFERENCE MEETING CONDUCT OF BUSINESS The Mayor is the presiding officer of the City Council. Any member of the public may speak on any item on the agenda for up to three minutes. All statements and questions must be addressed to the Mayor. City Council hearings serve as a venue for the discussion of sometimes divergent points of view. Please respect the opinions of others and refrain from cheering or clapping. That may delay the meeting or intimidate other persons wishing to express alternate views. Actions that disrupt the meeting will result in a warning, followed by removal if disruption continues. Oral public comments will be accepted during the meeting. Comments may be made during "oral communications" for matters not on the agenda, and during the public comment period for each agenda item. Identifying yourself is voluntary and not required to attend the meeting or provide comments. FLOWCHART FOR HEARING ITEMS: Mayor introduces agenda item i Mayor opens the public hearing Councilmembers report any site visits or outside communications. i Staff reports and makes Councilmembers ask clarifying recommendation questions. 4 Applicant or Appellant For appeals approvals, the makes presentation applicant may respond to (up to 8 min) appellants presentation. i Councilmembers ask questions of staff or applicanUappellant i Mayor invites members of Speakers submit a Request to Speak the public to speak about card, and are allowed up to 3 minutes the agenda item per individual. Council members may questions of speakers. iask Mayor invites applicant/appellant to respond to public comments (2 min) i Mayor closes the public hearing i The Mayor may request a motion and City Council votes on a second after the close of the public the agenda item hearing. Council then deliberates and votes. PUBLIC HEARINGS The City Council is required by law to hold public hearings on certain matters prior to making its decision. Notice to interested parties is given by legal advertisement in the local newspaper of general circulation at least 10 calendar days preceding the hearing date. Applications requiring public hearings include change of zoning, variances, use permits, and tentative maps. COUNCIL MEETINGS The City Council regularly meets the first and third Tuesdays of each month. These meetings are held at 6:45 p.m. Closed sessions, when needed, are normally held at 6:00 p.m. Closed sessions cover items such as personnel, litigation, or the sale , purchase, or lease of property. The law requires certain actions taken in closed session to be reported in open session. Urgent business, holidays, or election days may trigger special or adjourned meetings. These meetings will be noticed beforehand. AGENDAS, MINUTES, AND PACKETS AVAILABLE ON THE WEB Agendas, minutes, and packets for current and prior City Council and Planning Commission meetings are available at www.cupertino.org, or you can purchase the items on CD. CITY COUNCIL DECISION IS FINAL Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City's decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's office for more information or go to www.htto://www.cuoertino.ore/index.as px?paee=125 for a reconsideration petition form. City Council Agenda October 15, 2024 IN -PERSON AND TELECONFERENCE / PUBLIC PARTICIPATION INFORMATION Members of the public wishing to observe the meeting may do so in one of the following ways: 1) Attend in person at Cupertino Community Hall,10350 Torre Avenue. 2) Tune to Comcast Channel 26 and AT&T U-Verse Channel 99 on your TV. 3) The meeting will also be streamed live on and online at www.Cupertino.org/youtube and www.Cupertino.org/webcast Members of the public wishing to comment on an item on the agenda may do so in the following ways: 1) Appear in person at Cupertino Community Hall or at the teleconference location. 2) E-mail comments by 4:00 p.m. on Tuesday, October 15 to the Council at citycouncilCcupertino.org. These e-mail comments will also be forwarded to Councilmembers by the City Clerk's office before the meeting and posted to the City's website after the meeting. Members of the public that wish to share a document must email cityclerk@cupertino.org prior to the meeting. Emailed comments that are related to an agenda item and received following the agenda publication, prior to or during the meeting, will be posted to the City's website. 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. 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 Page 2 City Council Agenda October 15, 2024 meeting: Online Register in advance for this webinar: https:Hcityofcupertino.zoom.us/webinar/register/WN_var8WKOuQFasUsvoEf_NOQ Phone Dial: 669-900-6833 and enter Webinar ID: 979 7337 3343 (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: 979 7337 3343 SIP: 97973373343C zoomcrc.com After registering, you will receive a confirmation email containing information about joining the webinar. Please read the following instructions carefully: 1. You can directly download the teleconference software or connect to the meeting in your internet browser. If you are using your browser, make sure you are using a current and up-to-date browser: Chrome 30+, Firefox 27+, Microsoft Edge 12+, Safari 7+. Certain functionality may be disabled in older browsers, including Internet Explorer. 2. You will be asked to enter an email address and a name, followed by an email with instructions on how to connect to the meeting. Your email address will not be disclosed to the public. If you wish to make an oral public comment but do not wish to provide your name, you may enter "Cupertino Resident" or similar designation. 3. When the Mayor calls for the item on which you wish to speak, click on "raise hand," or, if you are calling in, press *9. Speakers will be notified shortly before they are called to speak. 4. When called, please limit your remarks to the time allotted and the specific agenda topic. S. Members of the public that wish to share a document must email cityclerk@cupertino.org prior to the meeting. These documents will be posted to the City's website after the Page 3 City Council Agenda October 15, 2024 meeting. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL CLOSED SESSION REPORT CEREMONIAL ITEMS PRESENTATIONS 6:50(10)1. Subject: Annual Report of the Planning Commission Recommended Action: Receive report of annual activities of the Planning Commission 7:00(10)2. Subject: Annual Report of the Sustainability Commission Recommended Action: Receive report of annual activities of the Sustainability Commission POSTPONEMENTS AND ORDERS OF THE DAY 7:10(30) ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the Coitncil on any matter within the jurisdiction of the Council and not on the agenda for discussion. The total time for Oral Communications will ordinarily be limited to one hoar. 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 laze will prohibit the Council from discussing or making any decisions with respect to a matter not listed on the agenda. A cottncilmember may, however, briefly respond to statements made or questions posed by speakers. A cottncilmember 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. 7:40(30) CONSENT CALENDAR (Items 3-5) Items appearing on the Consent Calendar are considered routine City business and may be approved by one motion. Typical items may inchtde 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. Page 4 City Council Agenda October 15, 2024 3. Subject: Approve the October 1, 2024 City Council minutes Recommended Action: Approve the October 1, 2024 City Council minutes A - Draft Minutes 4. Subject: Ratifying Accounts Payable for the periods ending September 6, 2024; September 13, 2024; September 20, 2024; and September 27, 2024 Recommended Action: A. Adopt Resolution No. 24-095 ratifying Accounts Payable for the Period ending September 6, 2024; B. Adopt Resolution No. 24-096 ratifying Accounts Payable for the Period ending September 13, 2024; C. Adopt Resolution No. 24-097 ratifying Accounts Payable for the Period ending September 20, 2024; and D. Adopt Resolution No. 24-098 ratifying Accounts Payable for the Period ending September 27, 2024 Staff Report A - Draft Resolution 9.6.24 B - Weekly AP Payment Register for the Period Ending 9.6.24 C - Draft Resolution 9.13.24 D - Weekly AP Payment Register for the Period Ending 9.13,24 E - Draft Resolution 9.20.24 F - Weekly AP Payment Register for the Period Ending 9.20.24 G - Draft Resolution 9.27.24 H - Weekly AP Payment Register for the Period Ending 9.27.24 5. Subject: Adoption of amendments to Municipal Code Chapters 19.04 (General Provisions), 19.08 (Definitions), and 19.60 (General Commercial (CG) Zones) and Associated Environmental Review. (Application No. MCA-2024-002; Applicant: City of Cupertino; Location: City-wide) Recommended Action: Conduct the second reading and enact Ordinance No. 24-2266: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO TO AMEND MUNICIPAL CODE CHAPTERS 19.04 (GENERAL PROVISIONS), 19.08 (DEFINITIONS), AND 19.60 (GENERAL COMMERCIAL (CG) ZONES)" Staff Report A - Draft Ordinance No. 24-2266 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 zvishing to view plans that cannot otherwise be distribitted under SB 1214 may make an appointment with the Planning Division to view them at City Hall by sending an entail to planning@ctipertino.org. Plans Will also be made available digitally daring the hearing to consider the proposal. Page 5 City Council Agenda October 15, 2024 STUDY SESSION 8:10(60)6. Subject: Study Session on Unhoused Services and Programs Recommended Action: Staff recommend the City Council to consider the following options: 1. Continue the current model based on the City's Unhoused Task Force, Process for Assisting Unhoused Residents, and partnerships with the County of Santa Clara to measurably serve the City based on the relative needs of existing unhoused residents, including continuing to seek partnerships and possible grant opportunities; or 2. Direct the City Manager to propose an item for the Fiscal Year 2025-2027 City Work Program to develop an encampment management policy by evaluating examples from other jurisdictions in the Bay Area and incorporating best practices for review by the City Council. Presenter: Tom Chin, Emergency Manager Staff Report A - City of Cupertino Process for Assisting Unhoused Residents B - Santa Clara County Community Plan to End Homelessness 2020-2025 C - 2024 Mid -Year Progress Report on the 2020-2025 Community Plan to End Homelessness D - City of Berkeley City Council Policy Encampment Policy Resolution to Promote Healthy and Safe Neighborhoods and Related First Reading of Ordinance Amending Chapter 14.48 of the Berkeley Municipal Code ACTION CALENDAR 9:10(30) 7. Subject: Amendments to Cupertino Municipal Code Chapter 2.32 (Planning Commission), Chapter 2.74 (Technology, Information, and Communications Commission), Chapter 2.86 (Housing Commission), Chapter 11.08 (Bicycles), and Chapter 13.04 (Parks), and repeal of Municipal Code Chapter 15.04 (Waterworks System - Rates and Charges). Recommended Action: Conduct the first reading of and introduce Ordinance No. 24-2267: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO REPEALING MUNICIPAL CODE CHAPTER 15.04 AND AMENDING MUNICIPAL CODE CHAPTERS 2.32, 2,74, 2.86, 11.08, AND 13.04." Presenter: Christopher Jensen, City Attorney Staff Report A - Draft Ordinance (clean) B - Draft Ordinance (redline) 9:40(30)8. Subject: Unassign funds from the Committed Sales Tax Repayment Reserve Page 6 City Council Agenda October 15, 2024 Recommended Action: Approve an amendment to the City's Committed, Unassigned Fund Balance, and Use of One Time Funds Policy to uncommit $74.5 million dollars from the Sales Tax Repayment Reserve, resulting in those funds becoming unassigned fund balance Presenter: Kristina Alfaro, Director of Administrative Services Staff Report A - Redline Policy B - Clean Policy ITEMS REMOVED FROM THE CONSENT CALENDAR CITY MANAGER REPORT ORAL COMMUNICATIONS - CONTINUED COUNCILMEMBER REPORTS 9. Subject: Councilmember Reports A - Councilmember Report, Chao B - Councilmember Report, Fruen C - Councilmember Report, Mohan D - Councilmember Report, Moore 10:10(10)FUTURE AGENDA ITEMS 10:20 ADJOURNMENT Lobbyist Registration and Reporting Requirements: Individuals who inflitence or attempt to influence legislative or administrative action may be required by the City of Citpertino's lobbying ordinance (Cupertino Municipal Code Chapter 2.100) to register and report lobbying activity. Persons whose communications regarding any legislative or administrative are solely limited to appearing at or submitting testimony for any public meeting held by the City are not required to register as lobbyists. For more information about the lobbying ordinance, please contact the City Clerk's Office at 10300 Torre Avenue, Cupertino, CA 95014; telephone (408) 777-3223; email cityclerk@ctipertino.org, and website: ztrcvzo.cttpertino.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 mast be brought within 90 days after a decision is annoiinced 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 mast comply with the regttirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's office for more information or go to Page 7 City Council Agenda October 15, 2024 http://www.citpertino.orglcityclerk for a reconsideration petition form. In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend this meeting who is visually or hearing impaired or has any disability that needs special assistance should call the City Clerk's Office at 408-777-3223, at least 48 hours in advance of the meeting to arrange for assistance. In addition, upon request in advance by a person with a disability, meeting agendas and 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 City web site. IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipal Code section 2.08.100 written communications sent to the City Council, Commissioners or 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 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 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- 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, Housing Commission, Library Commission, Parks and Recreation Commission, Planning Commission, Public Safety Commission, Sustainability Commission, Teen Commission, and Technology, Information, and Communications Commission. Council members also serve on a variety of regional bodies, including: Association of Bay Area Governments League of California Cities Santa Clara County (SCC) Cities Association SCC Emergency Preparedness Council SCC Library District SCC Emergency Preparedness Commission Santa Clara Valley Water Commission and Water District SCC Transportation Authoritym West Valley Mayors and Managers STAFF The City Manager and the City Attorney are appointed by the Council. The City Manager is responsible for interpreting and carrying out Council policies and direction, and as the chief administrative officer, the City Manager coordinates the many activities of the city and appoints the professional and technical staff. The City Attorney is the advisor to the City Council as a whole. TYPES OF COUNCIL ACTIONS ORDINANCES Ordinances are the means by which the City enacts its local laws. Unless an urgent situation exists, ordinances will first be presented at a Council meeting as a "first reading." At a subsequent Council meeting, there will be a "second reading and adoption." Ordinances go into effect after a waiting period of thirty days, in most cases, during which time the summary of the ordinance is published in a local newspaper approved for this purpose. RESOLUTIONS Resolutions and minute orders are the means by which the City Council formally adopts policies or approves specific actions. These go into effect when adopted. APPEALS Any interested person, including a Council member, may appeal a Planning Commission or Director of Community Development decision to the City Council. An appeal must be submitted in writing to the City Clerk within 14 calendar days of the mailing of the notice of the decision. RECONSIDERATION Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City's decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's office for more information or go to www.http://www.cupertino.org/index.aspx?page=125 for a reconsideration petition form. COMMUNICATING WITH COUNCIL All Council members citycouncil@cupertino.gov Sheila Mohan SMohan@cupertino.gov (408) 777-1326 J.R. Fruen JRFruen@cupertino.gov (408) 777-1316 Liang Chao LiangChao@cupertino.gov (408) 777-3192 Kitty Moore KittyMoore@cupertino.gov (408) 777-1389 Hung Wei HWei@cupertino.gov (408) 777-1389 Executive Assistant Debran@cupertino.gov (408) 777-3139 City Hall www.cupertino.gov (408) 777-CITY Please note: the City Council discourages submission of written materials on the day of the meeting as this does not provide enough time to give the materials fair evaluation. If you must provide written materials on the day of the meeting, as least one copy must be given to the City Clerk for the permanent record, and ten copies are preferred. NEWS AND NOTICES FROM CITY HALL EMAIL Sign up for e-notification of agendas, elections, and other news on the city website at www.cupertino.org/notify TELEVISION The City Channel broadcasts City Council and Planning Commission meetings, as well as agenda previews, public service announcements, and other programs of community interest, on Channel 26 in Cupertino. The meetings are shown at these times: Tuesday (live) 6:45 p.m. Friday (replay) 10:00 a.m. Thursday (replay) 7:00 p.m. Saturday (replay) 9:00 a.m. INTERNET City Council and Planning Commission videos are available on demand at www.cupertino.org. Select "I Want To, View City Council meetings". News and community information can also be found at: https://www.facebook.com/cityofcupertino/ https:Htwitter.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 AN kl' CITY OF CUHk' i - ---- ;- OF ,ICY iI iAI li N' ;,i D "IIE Ni-,, r 0 11IE 1-FeW,MAJETIN 1130. LAW \V C il'Y A :\LL. W1_q WMa S I G NAT U 14 E CUPERTINO AGENDA Amended Televised Regular Meeting (6:45) Tuesday, October 1, 2024 6:45 PM 10350 Torre Avenue, Council Chamber and via Teleconference City Council SHEILA MOHAN, MAYOR J.R. FRUEN, VICE MAYOR LIANG CHAO, COUNCILMEMBER KITTY MOORE, COUNCILMEMBER HUNG WEI, COUNCILMEMBER IN PERSON AND TELECONFERENCE MEETING For more information: (408) 777-3200 1 wzvwxupertino.gov CONDUCT OF BUSINESS The Mayor is the presiding officer of the City Council. Any member of the public may speak on any item on the agenda for up to three minutes. All statements and questions must be addressed to the Mayor. City Council hearings serve as a venue for the discussion of sometimes divergent points of view. Please respect the opinions of others and refrain from cheering or clapping. That may delay the meeting or intimidate other persons wishing to express alternate views. Actions that disrupt the meeting will result in a warning, followed by removal if disruption continues. Oral public comments will be accepted during the meeting. Comments may be made during "oral communications" for matters not on the agenda, and during the public comment period for each agenda item. Identifying yourself is voluntary and not required to attend the meeting or provide comments. FLOWCHART FOR HEARING ITEMS: Mayor introduces agenda item i Mayor opens the public hearing Councilmembers report any site visits or outside communications. i Staff reports and makes Councilmembers ask clarifying recommendation questions. 4 Applicant or Appellant For appeals of approvals, the makes presentation applicant may respond to (up to 8 min) appellants presentation. i Councilmembers ask questions of staff or applicant/appellant i Mayor invites members of Speakers submit a Request to Speak the public to speak about card, and are allowed up to 3 minutes the agenda item per individual. Council members may questions of speakers. iask Mayor invites applicant/appellant to respond to public comments (2 min) i Mayor closes the public hearing a The Mayor may request a motion and City Council votes on a second after the close of the public the agenda item hearing. Council then deliberates and votes. PUBLIC HEARINGS The City Council is required by law to hold public hearings on certain matters prior to making its decision. Notice to interested parties is given by legal advertisement in the local newspaper of general circulation at least 10 calendar days preceding the hearing date. Applications requiring public hearings include change of zoning, variances, use permits, and tentative maps. COUNCIL MEETINGS The City Council regularly meets the first and third Tuesdays of each month. These meetings are held at 6:45 p.m. Closed sessions, when needed, are normally held at 6:00 p.m. Closed sessions cover items such as personnel, litigation, or the sale , purchase, or lease of property. The law requires certain actions taken in closed session to be reported in open session. Urgent business, holidays, or election days may trigger special or adjourned meetings. These meetings will be noticed beforehand. AGENDAS, MINUTES, AND PACKETS AVAILABLE ON THE WEB Agendas, minutes, and packets for current and prior City Council and Planning Commission meetings are available at www.cupertino.org, or you can purchase the items on CD. CITY COUNCIL DECISION IS FINAL Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City's decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's office for more information or go to www.httr)://www.cur)ertino.or2/index.as px?page=125 for a reconsideration petition form. City Council Agenda October 1, 2024 Agenda amended on September 26, 2024 at 2:05 p.m. to update the Subject, Recommended Action and Staff Report for Agenda Item No.12. 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 2) E-mail comments by 4:00 p.m. on Tuesday, October 1 to the Council at citycouncilCcupertino.org. These e-mail comments will also be forwarded to Councilmembers by the City Clerk's office before the meeting and posted to the City's website after the meeting. Members of the public that wish to share a document must email cityclerk@cupertino.org prior to the meeting. Emailed comments that are related to an agenda item and received following the agenda publication, prior to or during the meeting, will be posted to the City's website. 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. Completion of Speaker Cards and identifying yourself is voluntary and not required to attend the meeting or provide comments. 3) Teleconferencing Instructions Page 2 City Council Agenda October 1, 2024 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:Hcityofcupertino.zoom.us/webinar/register/WN_p6ZlSROIRjeWC4Ej WVMgRg Phone Dial: 669-900-6833 and enter Webinar ID: 994 7719 4989 (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: 994 7719 4989 SIP: 99477194989@zoomcrc. com After registering, you will receive a confirmation email containing information about joining the webinar. Please read the following instructions carefully: 1. You can directly download the teleconference software or connect to the meeting in your internet browser. If you are using your browser, make sure you are using a current and up-to-date browser: Chrome 30+, Firefox 27+, Microsoft Edge 12+, Safari 7+. Certain functionality may be disabled in older browsers, including Internet Explorer. 2. You will be asked to enter an email address and a name, followed by an email with instructions on how to connect to the meeting. Your email address will not be disclosed to the public. If you wish to make an oral public comment but do not wish to provide your name, you may enter "Cupertino Resident" or similar designation. 3. When the Mayor calls for the item on which you wish to speak, click on "raise hand," or, if you are calling in, press *9. Speakers will be notified shortly before they are called to speak. 4. When called, please limit your remarks to the time allotted and the specific agenda topic. Page 3 City Council Agenda October 1, 2024 5. Members of the public that wish to share a document must email cityclerk0cupertino.org prior to the meeting. These documents will be posted to the City's website after the meeting. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL CLOSED SESSION REPORT CEREMONIAL ITEMS 1. Subject: Recognition of 2nd week of October as Code Enforcement Officer Appreciation Week Recommended Action: Recognize 2nd week of October as Code Enforcement Officer Appreciation Week PRESENTATIONS 2. Subject: Annual Report of the Parks and Recreation Commission Recommended Action: Receive report of annual activities of the Parks and Recreation Commission 3. Subject: Annual Report of the Teen Commission Recommended Action: Receive report of annual activities of the Teen Commission 4. Subject: Annual Report of the Public Safety Commission Recommended Action: Receive report of annual activities of the Public Safety Commission POSTPONEMENTS AND ORDERS OF THE DAY ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the Council on any matter within the jurisdiction of the Council and not on the agenda for discussion. The total time for Oral Commitnications zvill ordinarily be limited to one hoar. 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 lazy will prohibit the Council from discussing or making any decisions with respect to a matter not listed on the agenda. A councilmember may, hozvever, briefly respond to statements made or questions posed by speakers. A cotincilmember may also ask a question for clarification, provide a reference for factual information, request staff to report back concerning a Page 4 City Council Agenda October 1, 2024 matter, or request that an item be added to a fittttre City Council agenda in response to public comment. CONSENT CALENDAR (Items 5-10) 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. 5. Subject: Second reading of Ordinance No. 24-2263 "An Ordinance of the City Council of the City of Cupertino amending Table 11.24.150 of the Cupertino Municipal Code Relating to Prohibition of Parking along certain streets," prohibiting parking along the west side of Vista Dive between Forest Avenue and Merritt Drive. (Continued from September 17, 2024) Recommended Action: Conduct the second reading and enact Ordinance 24-2263, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING TABLE 11.24.150 OF THE CUPERTINO MUNICIPAL CODE RELATING TO PROHIBITION OF PARKING ALONG CERTAIN STREETS." [Note: First Reading Agenda Item: Implementation of an on -street two-way Class IV bike lane on Vista Drive and Forest Avenue (Alternative 3) along the Lawson Middle School frontage and prohibition of parking along the west side of Vista Dive between Forest Avenue and Merritt Drive for the accommodation of Class IV bicycle lanes and adoption of an Ordinance Municipal Code Table 11.24.150, relating to prohibition of parking along certain streets.] Staff Report A - Draft Ordinance B - July 9, 2024 City Council Staff Report 6. Subject: Approve the September 17, 2024 City Council minutes Recommended Action: Approve the September 17, 2024 City Council minutes A - Draft Minutes 7. Subject: Second reading of Ordinance No. 24-2264, designating a Residential Permit Parking (RPP) Zone on the north side of Lauretta Drive between Ann Arbor Avenue to 200 feet east of Ann Arbor Avenue, the south side of Lauretta Drive between Ann Arbor Avenue and a point 150 feet east of Ann Arbor Avenue, and on Ann Arbor Avenue between Lauretta Drive and Hazelbrook Drive, daily between 7 a.m. and 10 p.m. Page 5 City Council Agenda October 1, 2024 Recommended Action: Conduct the second reading and enact Ordinance No. 24-2264, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING CITY CODE SECTION 11.27.145, DESIGNATION OF PREFERENTIAL PARKING ZONES, TO ADD LAURETTA DRIVE BETWEEN ANN ARBOR AVENUE AND A POINT 200 FEET EAST OF ANN ARBOR AVENUE, (NORTH SIDE), LAURETTA AVENUE BETWEEN ANN ARBOR AVENUE AND A POINT 150 FEET EAST OF ANN ARBOR AVENUE (SOUTH SIDE)AND ANN ARBOR AVE BETWEEN LAURETTA DRIVE AND HAZELBROOK DRIVE (DAILY, 7:00 A.M. TO 10:00 P.M.)" Staff Report A - Draft Ordinance B - Permit Parking Map C - September 17, 2024 City Council Staff Report 8. Subject: Adoption of local amendments to the California Energy Code and repeal of Municipal Code Chapter 16.32 (Local Sustainability Requirements for Newly Adopted Buildings) Recommended Action: Conduct the second reading and enact Ordinance No. 24-2265, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO REPEALING MUNICIPAL CODE CHAPTER 16.32: LOCAL SUSTAINABILITY REQUIREMENTS FOR NEWLY CONSTRUCTED BUILDINGS, AND ADOPTING LOCAL AMENDMENTS TO CALIFORNIA ENERGY CODE" Staff Report A - Draft Ordinance 9. Subject: Approve a design -build project delivery method for the Photovoltaic Systems Design and Installation Capital Improvement Program Project. Recommended Action: 1. Authorize the City Manager to undertake a design -build project delivery method for the Photovoltaic Systems Design and Installation Capital Improvement Program Project; and 2. Adopt Resolution No. 24-092 approving the procurement of a design -build contract for the Photovoltaic Systems Design and Installation Capital Improvement Program Project. Staff Report A - Draft Resolution B - Public Contract Code Extracts C- FY 24-25 CIP Project Narratives Excerpt 10. Subject: Adoption of the 2023 Santa Clara County Multijurisdictional Hazard Mitigation Plan Volume 1 Base Plan and Volume 2 City of Cupertino Annex Recommended Action: Adopt Resolution No. 24-093 adopting the 2023 Santa Clara County Multijurisdictional Hazard Mitigation Plan Volume 1 Base Plan and Volume 2 City of Cupertino Annex Page 6 City Council Agenda October 1, 2024 Staff Report A - Draft Resolution B - Santa Clara County Multijurisdictional Hazard Mitigation Plan - Volume 1 Base Plan C - Draft Santa Clara County Multijurisdictional Hazard Mitigation Plan - Volume 2 Ci , of Cupertino Annex PUBLIC HEARINGS Effective January 1, 2023, Government Code Section 65103.5 (SB 1214) limits the distribittion of copyrighted material associated zaith the reviezo of development projects. Members of the patblic znishing 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 plamzing@cttpertino.org. Plans Will also be made available digitally during the hearing to consider the proposal. 11. Subject: Proposed amendments to Municipal Code Chapters 19.04 (General Provisions), 19.08 (Definitions), and 19.60 (General Commercial (CG) Zones) and Associated Environmental Review. (Application No. MCA-2024-002; Applicant: City of Cupertino; Location: City-wide) Recommended Action That the City Council conduct the public hearing and conduct the first reading of Ordinance No. 24-2266 (Attachments A &B) adopt an ordinance to: 1. Find that the proposed actions are exempt from the California Environmental Quality Act (CEQA) and CEQA Guidelines; and 2. Amend the following: a. Chapter 19.04, General Provisions, and b. Chapter 19.08, Definitions, and c. Chapter 19.60, General Commercial (CG) Zones. Staff Report A - Draft Ordinance No. 24-2266 (clean). B - Draft Ordinance No. 24-2266 (redline) C - Planning Commission Resolution No. 2024-13 D - Public Comment ACTION CALENDAR 12. Subject: City -Owned Automated License Plate Reader (ALPR) Program and award of a contract for the lease of ALPR cameras to Flock Safety for an amount not to exceed $300,000 Page 7 City Council Agenda October 1, 2024 Recommended Action: 1. Adopt Resolution No. 24-094 establishing the City of Cupertino ALPR Policy 2. Authorize the City Manager to negotiate and execute a memorandum of understanding (MOU) between the County of Santa Clara and the City of Cupertino regarding the use of ALPRs, 3. Authorize the City Manager to negotiate and approve an agreement with Flock Safety to lease ALPR cameras not to exceed $185,000 for three years, with the option for two additional years and a maximum total compensation of $300,000 (approximately $60,000 annually) Staff Report A - Draft Resolution B - Memorandum of Understanding on Use of ALPR System C — Flock Safety Quote for Services D - Proposed Camera Locations ITEMS REMOVED FROM THE CONSENT CALENDAR CITY MANAGER REPORT ORAL COMMUNICATIONS - CONTINUED COUNCILMEMBER REPORTS 13. Subject: Councilmember Reports A - Councilmember Report, Chao B - Councilmember Report, Fruen C - Councilmember Report, Mohan D - Councilmember Report, Moore FUTURE AGENDA ITEMS ADJOURNMENT Lobbyist Registration and Reporting Requirements: Individuals who influence or attempt to influence legislative or administrative action may be required by the City of Cupertino's lobbying ordinance (Cupertino Municipal Code Chapter 2.100) to register and report lobbying activity. Persons whose communications regarding any legislative or administrative are solely limited to appearing at or submitting testimony for any public meeting held by the City are not required to register as lobbyists. For more information about the lobbying ordinance, please contact the City Clerk's Office at 10300 Torre Avenue, Cupertino, CA 95014, telephone (408) 777-3223; email cityclerk@citpertino.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. Page 8 City Council Agenda October 1, 2024 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://wunv.ctipertino.org/cihjclerkfor 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 City web site. IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipal Code section 2.08.100 written communications sent to the City Council, Commissioners or 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 website and kept in packet archives. Do not include any personal or private information in written communications to the City that you do not wish to make public, as written communications are considered public records and will be made publicly available on the City website. Page 9 THE CITY COUNCIL AND STAFF CITY COUNCIL Cupertino is a General Law city organized under and subject to statutes of the State of California. It is governed by the five -member City Council with the Mayor as the presiding officer. City Council members are elected at -large to four-year, overlapping terms. Each November a mayor and a vice -mayor are selected by the City Council for a one- 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, Housing Commission, Library Commission, Parks and Recreation Commission, Planning Commission, Public Safety Commission, Sustainability Commission, Teen Commission, and Technology, Information, and Communications Commission. Council members also serve on a variety of regional bodies, including: Association of Bay Area Governments League of California Cities Santa Clara County (SCC) Cities Association SCC Emergency Preparedness Council SCC Library District SCC Emergency Preparedness Commission Santa Clara Valley Water Commission and Water District SCC Transportation Authoritym West Valley Mayors and Managers STAFF The City Manager and the City Attorney are appointed by the Council. The City Manager is responsible for interpreting and carrying out Council policies and direction, and as the chief administrative officer, the City Manager coordinates the many activities of the city and appoints the professional and technical staff. The City Attorney is the advisor to the City Council as a whole. TYPES OF COUNCIL ACTIONS ORDINANCES Ordinances are the means by which the City enacts its local laws. Unless an urgent situation exists, ordinances will first be presented at a Council meeting as a "first reading." At a subsequent Council meeting, there will be a "second reading and adoption." Ordinances go into effect after a waiting period of thirty days, in most cases, during which time the summary of the ordinance is published in a local newspaper approved for this purpose. RESOLUTIONS Resolutions and minute orders are the means by which the City Council formally adopts policies or approves specific actions. These go into effect when adopted. APPEALS Any interested person, including a Council member, may appeal a Planning Commission or Director of Community Development decision to the City Council. An appeal must be submitted in writing to the City Clerk within 14 calendar days of the mailing of the notice of the decision. RECONSIDERATION Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City's decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's office for more information or go to www.http://www.cupertino.org/index.aspx?page=125 for a reconsideration petition form. COMMUNICATING WITH COUNCIL All Council members citycouncil@cupertino.gov Sheila Mohan SMohan@cupertino.gov (408) 777-1326 J.R. Fruen 1RFruen@cupertino.gov (408) 777-1316 Liang Chao LiangChao@cupertino.gov (408) 777-3192 Kitty Moore KittyMoore@cupertino.gov (408) 777-1389 Hung Wei HWei@cupertino.gov (408) 777-1389 Executive Assistant Debran@cupertino.gov (408) 777-3139 City Hall www.cupertino.gov (408) 777-CITY Please note: the City Council discourages submission of written materials on the day of the meetine 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:Htwitter.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 COUNTY OF S kNTA c i� ) , AN CITY F - 1YP -1,� ` r�cY Or- cup EV',!-!��O ' k D E I 1�iCN'I; 5T!'el' t' '' %i:k PEV�LI Y OF P1 I? `s' IRY TH 'r o.'� W%FE) � 2io `i fIi.I Y E NOTICE/AGENDA ON 'FIE BOARD AT CITY 1I,,�,L.L. W— SIGNXFU RE CUPERTINO AGENDA Televised Regular Meeting (6:45) Tuesday, October 1, 2024 6:45 PM 10350 Torre Avenue, Council Chamber and via Teleconference City Council SHEILA MOHAN, MAYOR J.R. FRUEN, VICE MAYOR LIANG CHAO, COUNCILMEMBER KITTYMOORE, COUNCILMEMBER HUNG WEI, COUNCILMEMBER IN PERSON AND TELECONFERENCE MEETING For more information: (408) 777-3200 1 www.cupertino.gov CONDUCT OF BUSINESS The Mayor is the presiding officer of the City Council. Any member of the public may speak on any item on the agenda for up to three minutes. All statements and questions must be addressed to the Mayor. City Council hearings serve as a venue for the discussion of sometimes divergent points of view. Please respect the opinions of others and refrain from cheering or clapping. That may delay the meeting or intimidate other persons wishing to express alternate views. Actions that disrupt the meeting will result in a warning, followed by removal if disruption continues. Oral public comments will be accepted during the meeting. Comments may be made during "oral communications" for matters not on the agenda, and during the public comment period for each agenda item. Identifying yourself is voluntary and not required to attend' the meeting or provide comments. FLOWCHART FOR HEARING ITEMS: Mayor introduces agenda item i Mayor opens the public hearing Councilmembers report any site visits or outside communications. i Staff reports and makes Councilmembers ask clarifying recommendation questions. 4 ApplicantAppellant For appeals approvals, the makes presentation applicant may respond to (up to 8 min) appellants presentation. i Councilmembers ask questions of staff or applicant/appellant i Mayor invites members of Speakers submit a Request to Speak the public to speak about card, and are allowed up to 3 minutes the agenda item per individual. Council members may ask questions of speakers. i Mayor invites applicantlappellant to respond to public comments (2 min) 4- Mayor closes the public hearing i The Mayor may request a motion and City Council votes on a second after the close of the public the agenda item hearing. Council then deliberates and votes. PUBLIC HEARINGS The City Council is required by law to hold public hearings on certain matters prior to making its decision. Notice to interested parties is given by legal advertisement in the local newspaper of general circulation at least 10 calendar days preceding the hearing date. Applications requiring public hearings include change of zoning, variances, use permits, and tentative maps. COUNCIL MEETINGS The City Council regularly meets the first and third Tuesdays of each month. These meetings are held at 6:45 p.m. Closed sessions, when needed, are normally held at 6:00 p.m. Closed sessions cover items such as personnel, litigation, or the sale , purchase, or lease of property. The law requires certain actions taken in closed session to be reported in open session. Urgent business, holidays, or election days may trigger special or adjourned meetings. These meetings will be noticed beforehand. AGENDAS, MINUTES, AND PACKETS AVAILABLE ON THE WEB Agendas, minutes, and packets for current and prior City Council and Planning Commission meetings are available at www.cupertino.org, or you can purchase the items on CD. CITY COUNCIL DECISION IS FINAL Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City's decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's office for more information or go to www.htto://www.cuoertino.orL7/index.as px?page=125 for a reconsideration petition form. City Council Agenda October 1, 2024 IN -PERSON AND TELECONFERENCE / PUBLIC PARTICIPATION INFORMATION Members of the public wishing to observe the meeting may do so in one of the following ways: 1) Attend in person at Cupertino Community Hall,10350 Torre Avenue. 2) Tune to Comcast Channel 26 and AT&T U-Verse Channel 99 on your TV. 3) The meeting will also be streamed live on and online at www.Cupertino.org/youtube and www.Cupertino.org/webcast Members of the public wishing to comment on an item on the agenda may do so in the following ways: 1) Appear in person at Cupertino Community Hall 2) E-mail comments by 4:00 p.m. on Tuesday, October 1 to the Council at citycouncil@cupertino.org. These e-mail comments will also be forwarded to Councilmembers by the City Clerk's office before the meeting and posted to the City's website after the meeting. Members of the public that wish to share a document must email cityclerk@cupertino.org prior to the meeting. Emailed comments that are related to an agenda item and received following the agenda publication, prior to or during the meeting, will be posted to the City's website. 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. 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 Page 2 City Council Agenda October 1, 2024 meeting: Online Register in advance for this webinar: https://cityofcupertino.zoom.us/webinar/register/WN_p6Z1SROIRj eWC4Ej WVMgRg Phone Dial: 669-900-6833 and enter Webinar ID: 994 7719 4989 (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: 994 7719 4989 SIP: 99477194989@zoomcrc.com After registering, you will receive a confirmation email containing information about joining the webinar. Please read the following instructions carefully: 1. You can directly download the teleconference software or connect to the meeting in your internet browser. If you are using your browser, make sure you are using a current and up-to-date browser: Chrome 30+, Firefox 27+, Microsoft Edge 12+, Safari 7+. Certain functionality may be disabled in older browsers, including Internet Explorer. 2. You will be asked to enter an email address and a name, followed by an email with instructions on how to connect to the meeting. Your email address will not be disclosed to the public. If you wish to make an oral public comment but do not wish to provide your name, you may enter "Cupertino Resident" or similar designation. 3. When the Mayor calls for the item on which you wish to speak, click on "raise hand," or, if you are calling in, press *9. Speakers will be notified shortly before they are called to speak. 4. When called, please limit your remarks to the time allotted and the specific agenda topic. 5. Members of the public that wish to share a document must email cityclerk@cupertino.org prior to the meeting. These documents will be posted to the City's website after the Page 3 City Council Agenda October 1, 2024 meeting. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL CLOSED SESSION REPORT CEREMONIAL ITEMS 1. Subject: Recognition of 2nd week of October as Code Enforcement Officer Appreciation Week Recommended Action: Recognize 2nd week of October as Code Enforcement Officer Appreciation. Week PRESENTATIONS 2. Subject: Annual Report of the Parks and Recreation Commission Recommended Action: Receive report of annual activities of the Parks and Recreation Commission 3. Subject: Annual Report of the Teen Commission Recommended Action: Receive report of annual activities of the Teen Commission 4. Subject: Annual Report of the Public Safety Commission Recommended Action: Receive report of annual activities of the Public Safety Commission POSTPONEMENTS AND ORDERS OF THE DAY ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the Council on any matter within the jurisdiction of the Council and not on the agenda for discussion. The total time for Oral Communications will ordinarily be limited to one hour. Individual speakers are limited to three (3) minutes. As necessary, the Chair may ficrther 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. Page 4 City Council Agenda October 1, 2024 CONSENT CALENDAR (Items 5-10) 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. 5. Subject: Second reading of Ordinance No. 24-2263 "An Ordinance of the City Council of the City of Cupertino amending Table 11.24.150 of the Cupertino Municipal Code Relating to Prohibition of Parking along certain streets," prohibiting parking along the west side of Vista Dive between Forest Avenue and Merritt Drive. (Continued from September 17, 2024) Recommended Action: Conduct the second reading and enact Ordinance 24-2263, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING TABLE 11.24.150 OF THE CUPERTINO MUNICIPAL CODE RELATING TO PROHIBITION OF PARKING ALONG CERTAIN STREETS." [Note: First Reading Agenda Item: Implementation of an on -street two-way Class IV bike lane on Vista Drive and Forest Avenue (Alternative 3) along the Lawson Middle School frontage and prohibition of parking along the west side of Vista Dive between Forest Avenue and Merritt Drive for the accommodation of Class IV bicycle lanes and adoption of an Ordinance Municipal Code Table 11.24.150, relating to prohibition of parking along certain streets.] Staff Report A - Draft Ordinance B - July 9, 2024 City Council Staff Rel2ort 6. Subject: Approve the September 17, 2024 City Council minutes Recommended Action: Approve the September 17, 2024 City Council minutes A - Draft Minutes 7. Subject: Second reading of Ordinance No. 24-2264, designating a Residential Permit Parking (RPP) Zone on the north side of Lauretta Drive between Ann Arbor Avenue to 200 feet east of Ann Arbor Avenue, the south side of Lauretta Drive between Ann Arbor Avenue and a point 150 feet east of Ann Arbor Avenue, and on Ann Arbor Avenue between Lauretta Drive and Hazelbrook Drive, daily between 7 a.m. and 10 p.m. Page 5 City Council Agenda October 1, 2024 Recommended Action: Conduct the second reading and enact Ordinance No. 24-2264, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING CITY CODE SECTION 11.27.145, DESIGNATION OF PREFERENTIAL PARKING ZONES, TO ADD LAURETTA DRIVE BETWEEN ANN ARBOR AVENUE AND A POINT 200 FEET EAST OF ANN ARBOR AVENUE, (NORTH SIDE), LAURETTA AVENUE BETWEEN ANN ARBOR AVENUE AND A POINT 150 FEET EAST OF ANN ARBOR AVENUE (SOUTH SIDE)AND ANN ARBOR AVE BETWEEN LAURETTA DRIVE AND HAZELBROOK DRIVE (DAILY, 7:00 A.M. TO 10:00 P.M.)" Staff Report A - Draft Ordinance B - Permit Parking Map C - September 17, 2024 City Council Staff Report 8. Subject: Adoption of local amendments to the California Energy Code and repeal of Municipal Code Chapter 16.32 (Local Sustainability Requirements for Newly Adopted Buildings) Recommended Action: Conduct the second reading and enact Ordinance No. 24-2265, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO REPEALING MUNICIPAL CODE CHAPTER 16.32: LOCAL SUSTAINABILITY REQUIREMENTS FOR NEWLY CONSTRUCTED BUILDINGS, AND ADOPTING LOCAL AMENDMENTS TO CALIFORNIA ENERGY CODE" Staff Report A - Draft Ordinance 9. Subject: Approve a design -build project delivery method for the Photovoltaic Systems Design and Installation Capital Improvement Program Project. Recommended Action: 1. Authorize the City Manager to undertake a design -build project delivery method for the Photovoltaic Systems Design and Installation Capital Improvement Program Project; and 2. Adopt Resolution No. 24-092 approving the procurement of a design -build contract for the Photovoltaic Systems Design and Installation Capital Improvement Program Project. Staff Report A - Draft Resolution B - Public Contract Code Extracts C- FY 24-25 C1P Project Narratives Excerpt 10. Subject: Adoption of the 2023 Santa Clara County Multijurisdictional Hazard Mitigation Plan Volume 1 Base Plan and Volume 2 City of Cupertino Annex Recommended Action: Adopt Resolution No. 24-093 adopting the 2023 Santa Clara County Multijurisdictional Hazard Mitigation Plan Volume 1 Base Plan and Volume 2 City of Cupertino Annex Page 6 City Council Agenda October 1, 2024 Staff Report A - Draft Resolution B - Santa Clara County Multijurisdictional Hazard Mitigation Plan - Volume 1 Base Plan C - Draft Santa Clara County Multijurisdictional Hazard Mitigation Plan - Volume 2 Ci!y of Cupertino Annex PUBLIC HEARINGS 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@ciipertino.org. Plans will also be made available digitally during the hearing to consider the proposal. 11. Subject: Proposed amendments to Municipal Code Chapters 19.04 (General Provisions), 19.08 (Definitions), and 19.60 (General Commercial (CG) Zones) and Associated Environmental Review. (Application No. MCA-2024-002; Applicant: City of Cupertino; Location: City-wide) Recommended Action That the City Council conduct the public hearing and conduct the first reading of Ordinance No. 24-2266 (Attachments A &B) adopt an ordinance to: 1. Find that the proposed actions are exempt from the California Environmental Quality Act (CEQA) and CEQA Guidelines; and 2. Amend the following: a. Chapter 19.04, General Provisions, and b. Chapter 19.08, Definitions, and c. Chapter 19.60, General Commercial (CG) Zones. Staff Report A - Draft Ordinance No. 24-2266 (clean) B - Draft Ordinance No. 24-2266 (redline) C - Planning Commission Resolution No. 2024-13 D - Public Comment ACTION CALENDAR 12. Subject: City -Owned Automated License Plate Reader (ALPR) Program Recommended Action: Adopt Resolution No. 24-094 Establishing a Policy for Automated License Plate Readers Staff Report A - Draft Resolution B - Memorandum of Understanding on Use of ALPR System C — Flock Safety Quote for Services D - Proposed Camera Locations Page 7 City Council Agenda October 1, 2024 ITEMS REMOVED FROM THE CONSENT CALENDAR CITY MANAGER REPORT ORAL COMMUNICATIONS - CONTINUED COUNCILMEMBER REPORTS 13. Subject: CoLmcilmember Reports A - Councilmember Report, Chao B - Councilmember Report, Fruen C - Councilmember Report, Mohan D - Councilmember Report, Moore FUTURE AGENDA ITEMS ADJOURNMENT Lobbyist Registration and Reporting Requirements: Individuals who influence or attempt to influence legislative or administrative action may be required by the City of Cupertino's lobbying ordinance (Cupertino Municipal Code Chapter 2.100) to register and report lobbying activity. Persons whose communications regarding any legislative or administrative are solely limited to appearing at or submitting testimony for any public meeting held by the City are not required to register as lobbyists. For more information about the lobbying ordinance, please contact the City Clerk's Office at 10300 Torre Avenue, Cupertino, CA 95014, telephone (408) 777-3223; email cihjclerk@cupertino.org, and zvebsite: 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 lazy. 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://zvzvzv.citpertin6.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. Page 8 City Council Agenda October 1, 2024 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 City web site. IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipal Code section 2.08.100 written communications sent to the City Council, Commissioners or 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 website and kept in packet archives. Do not include any personal or private information in written communications to the City that you do not wish to make public, as written communications are considered public records and will be made publicly available on the City website. Page 9 THE CITY COUNCIL AND STAFF CITY COUNCIL Cupertino is a General Law city organized under and subject to statutes of the State of California. It is governed by the five -member City Council with the Mayor as the presiding officer. City Council members are elected at -large to four-year, overlapping terms. Each November a mayor and a vice -mayor are selected by the City Council for a one- 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, Housing Commission, Library Commission, Parks and Recreation Commission, Planning Commission, Public Safety Commission, Sustainability Commission, Teen Commission, and Technology, Information, and Communications Commission. Council members also serve on a variety of regional bodies, including: Association of Bay Area Governments League of California Cities Santa Clara County (SCC) Cities Association SCC Emergency Preparedness Council SCC Library District SCC Emergency Preparedness Commission Santa Clara Valley Water Commission and Water District SCC Transportation Authoritym West Valley Mayors and Managers STAFF The City Manager and the City Attorney are appointed by the Council. The City Manager is responsible for interpreting and carrying out Council policies and direction, and as the chief administrative officer, the City Manager coordinates the many activities of the city and appoints the professional and technical staff. The City Attorney is the advisor to the City Council as a whole. TYPES OF COUNCIL ACTIONS ORDINANCES Ordinances are the means by which the City enacts its local laws. Unless an urgent situation exists, ordinances will first be presented at a Council meeting as a "first reading." At a subsequent Council meeting, there will be a "second reading and adoption." Ordinances go into effect after a waiting period of thirty days, in most cases, during which time the summary of the ordinance is published in a local newspaper approved for this purpose. RESOLUTIONS Resolutions and minute orders are the means by which the City Council formally adopts policies or approves specific actions. These go into effect when adopted. APPEALS Any interested person, including a Council member, may appeal a Planning Commission or Director of Community Development decision to the City Council. An appeal must be submitted in writing to the City Clerk within 14 calendar days of the mailing of the notice of the decision. RECONSIDERATION Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City's decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's office for more information or go to www.http://www.cupertino.org/index.aspx?page=125 for a reconsideration petition form. COMMUNICATING WITH COUNCIL All Council members: citycouncil@cupertino.gov Sheila Mohan SMohan@cupertino.gov (408) 777-1326 J.R. Fruen JRFruen@cupertino.gov (408) 777-1316 Liang Chao LiangChao@cupertino.gov (408) 777-3192 Kitty Moore KittyMoore@cupertino.gov (408) 777-1389 Hung Wei HWei@cupertino.gov (408) 777-1389 Executive Assistant Debran@cupertino.gov (408) 777-3139 City Hall www.cupertino.gov (408) 777-CITY Please note: the City Council discourages submission of written materials on the day of the meeting as this does not provide enough time to give the materials fair evaluation. If you must provide written materials on the day of the meeting, as least one copy must be given to the City Clerk for the permanent record, and ten copies are preferred. NEWS AND NOTICES FROM CITY HALL EMAIL Sign up for e-notification of agendas, elections, and other news on the city website at www.cupertino.org/notify TELEVISION The City Channel broadcasts City Council and Planning Commission meetings, as well as agenda previews, public service announcements, and other programs of community interest, on Channel 26 in Cupertino. The meetings are shown at these times: Tuesday (live) 6:45 p.m. Friday (replay) 10:00 a.m. Thursday (replay) 7:00 p.m. Saturday (replay) 9:00 a.m. INTERNET City Council and Planning Commission videos are available on demand at www.cupertino.org. Select "I Want To, View City Council meetings". News and community information can also be found at: https://www.facebook.com/cityofcupertino/ https:Htwitter.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 S'PATE OF CALIFG ,`-JA ) SS. COUNT'; Ur A IA AN CITY OF CUi - i y r,1, U Cc PTL-1, 1NC) Nit-Xl; S!'-V!'! ! 111-'Nj I'I'Y OI~ PERJ U RY ThAF ON I'E) (TIME) _ I P RS N �LiY ED TIE NC) riCEiAGENDA ON TI IE ETIN BOARD AT CITY r ALL. IGNr1rU CUPERTINO AGENDA Televised Regular Meeting (6:45) Tuesday, September 17, 2024 6:45 PM 10350 Torre Avenue, Council Chamber and via Teleconference eleconference Location Pursuant to Government Code section 54953(b)(2 ; 10969 Maria Rosa Way, Cupertino, CA 95014 City Council SHEILA MOHAN, MAYOR J.R. FRUEN, VICE MAYOR LIANG CHAO, CO UNCILMEMBER KITTYMOORE, COUNCILMEMBER HUNG WEI, CO UNCILMEMBER IN PERSON AND TELECONFERENCE MEETING CONDUCT OF BUSINESS The Mayor is the presiding officer of the City Council. Any member of the public may speak on any item on the agenda for up to three minutes. All statements and questions must be addressed to the Mayor. City Council hearings serve as a venue for the discussion of sometimes divergent points of view. Please respect the opinions of others and refrain from cheering or clapping. That may delay the meeting or intimidate other persons wishing to express alternate views. Actions that disrupt the meeting will result in a warning, followed by removal if disruption continues. Oral public comments will be accepted during the meeting. Comments may be made during ''oral communication's " 'for'Aatters not on the agenda, and during the public comment period for each agenda item. Identifying yourself is voluntary and not required to attend the meeting or provide comments. FLOWCHART FOR HEARING ITEMS: Mayor introduces agenda item i Mayor opens the public hearing *1 Councilmembers report any site visits or outside communications. i Staff reports and makes Councilmembers ask clarifying recommendation questions. i Applicant or Appellant For appeals of approvals, the makes presentation applicant may respond to (up to 8 min) appellants presentation. i Councilmembers ask questions of staff or applicant/appellant i Mayor invites members of Speakers submit a Request to Speak the public to speak about card, and are allowed up to 3 minutes the agenda item per individual. Council members may ask questions of speakers. i Mayor invites applicant/appellant to respond to public comments (2 min) i Mayor closes the public hearing i The Mayor may request a motion and City Council votes on a second after the close of the public Qhe agenda item hearing. Council then deliberates and votes. PUBLIC HEARINGS The City Council is required by law to hold public hearings on certain matters prior to making its decision. Notice to interested parties is given by legal advertisement in the local newspaper of general circulation at least 10 calendar days preceding the hearing date. Applications requiring public hearings include change of zoning, variances, use permits, and tentative maps. COUNCIL MEETINGS The City Council regularly meets the first and third Tuesdays of each month. These meetings are held at 6:45 p.m. Closed sessions, when needed, are normally held at 6:00 p.m. Closed sessions cover items such as personnel, litigation, or the sale , purchase, or lease of property. The law requires certain actions taken in closed session to be reported in open session. Urgent business, holidays, or election days may trigger special or adjourned meetings. These meetings will be noticed beforehand. AGENDAS, MINUTES, AND PACKETS AVAILABLE ON THE WEB Agendas, minutes, and packets for current and prior City Council and Planning Commission meetings are available at www.cupertino.org, or you can purchase the items on CD. CITY COUNCIL DECISION IS FINAL Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City's decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's office for more information or go to www.httD://www.cuDertino.ore/index.as px?page=125 for a reconsideration petition form. City Council Agenda September 17, 2024 IN -PERSON AND TELECONFERENCE / PUBLIC PARTICIPATION INFORMATION Members of the public wishing to observe the meeting may do so in one of the following ways: 1) Attend in person at Cupertino Community Hall,10350 Torre Avenue. 2) Tune to Comcast Channel 26 and AT&T U-Verse Channel 99 on your TV. 3) The meeting will also be streamed live on and online at www.Cuperfino.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 or at the teleconference location. 2) E-mail comments by 4:00 p.m. on Tuesday, September 17 to the Council at citycouncil@cupertino.org. These e-mail comments will also be forwarded to Councilmembers by the City Clerk's office before the meeting and posted to the City's website after the meeting. Members of the public that wish to share a document must email cityclerk@cupertino.org prior to the meeting. Emailed comments that are related to an agenda item and received following the agenda publication, prior to or during the meeting, will be posted to the City's website. Emailed comments related to non -agenda items and received following the agenda publication, prior to or during the meeting, will be posted upon request. 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. Completion of Speaker Cards and identifying yourself is voluntary and not required to attend the meeting or provide comments. 3) Teleconferencing Instructions Page 2 City Council Agenda September 17, 2024 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:Hcityofcupertino.zoom.us/webinar/register/WN_DX6IevTTgmlp9CXBz2E9g Phone Dial: 669-900-6833 and enter Webinar ID: 9521877 7387 (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: 9521877 7387 SIP: 95218777387CCzoomcrc.com After registering, you will receive a confirmation email containing information about joining the webinar. Please read the following instructions carefully: 1. You can directly download the teleconference software or connect to the meeting in your internet browser. If you are using your browser, make sure you are using a current and up-to-date browser: Chrome 30+, Firefox 27+, Microsoft Edge 12+, Safari 7+, Certain functionality may be disabled in older browsers, including Internet Explorer. 2. You will be asked to enter an email address and a name, followed by an email with instructions on how to connect to the meeting. Your email address will not be disclosed to the public. If you wish to make an oral public comment but do not wish to provide your name, you may enter "Cupertino Resident" or similar designation. 3. When the Mayor calls for the item on which you wish to speak, click on "raise hand," or, if you are calling in, press *9. Speakers will be notified shortly before they are called to speak. 4. When called, please limit your remarks to the time allotted and the specific agenda topic. Page 3 City Council Agenda September 17, 2024 5. Members of the public that wish to share a document must email cityclerk@cupertino.org prior to the meeting. These documents will be posted to the City's website after the meeting. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL CLOSED SESSION REPORT CEREMONIAL ITEMS 1. Subject: Recognition of Joe Simitian, Santa Clara County Supervisor for his service to Cupertino Recommended Action: Recognize Joe Simitian, Santa Clara County Supervisor A - Proclamation 2. Subject: Recognition of September 21-27, 2024 as United Against Hate Week Recommended Action: Recognize September 21-27, 2024 as United Against Hate Week A - Proclamation PRESENTATIONS 3. Subject: Annual Report of the Arts and Culture Commission Recommended Action: Receive report of annual activities of the Arts and Culture Commission 4. Subject: Annual Report of the Housing Commission Recommended Action: Receive report of annual activities of the Housing Commission 5. Subject: Annual Report of the Library Commission Recommended Action: Receive report of annual activities of the Library Commission POSTPONEMENTS AND ORDERS OF THE DAY ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the Council on any matter within the jurisdiction of the Council and not on the agenda for discussion. The total time for Oral Communications will ordinarily be limited to one hour. Individual speakers are limited to three (3) minutes. As necessary, the Chair may further limit the time allowed to individual speakers, or reschedule remaining comments to the end of the meeting on a first come first heard basis, with priority Page 4 City Council Agenda September 17, 2024 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 itent-be_added_to a fieture City Council-agendain response to public comment. CONSENT CALENDAR (Items 6-10) 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. 6. Subject: Approve the September 4, 2024 City Council minutes Recommended Action: Approve the September 4, 2024 City Council minutes A - Draft Minutes 7. Subject: Ratifying Accounts Payable for the periods ending August 2, 2024; August 9, 2024; August 9, 2024 MISC; August 16, 2024; August 23, 2024 and August 30, 2024 Recommended Action: A. Adopt Resolution No. 24-085 ratifying Accounts Payable for the Period ending August 2, 2024; B. Adopt Resolution No. 24-086 ratifying Accounts Payable for the Period ending August 9, 2024; C. Adopt Resolution No. 24-087 ratifying Accounts Payable for the Period ending August 9, 2024 MISC; D. Adopt Resolution No. 24-088 ratifying Accounts Payable for the Period ending August 16, 2024; E. Adopt Resolution No. 24-089 ratifying Accounts Payable for the Period ending August 23, 2024; and F. Adopt Resolution No. 24-090 ratifying Accounts Payable for the Period ending August 30, 2024 Page 5 City Council Agenda September 17, 2024 Staff report A — Draft Resolution 8.2.24 B — Weekly AP Payment Register for the Period Ending 8.2.24 C — Draft Resolution 8.9.24 D — Weekly AP Payment Register for the Period Ending 8.9.24 E — Draft Resolution 8.9.24 MISC F — Weekly AP Payment Register for the Period Ending 8.9.24 MISC G — Draft Resolution 8.16.24 H — Weekly AP Payment Register for the Period Ending 8.16.24 I — Draft Resolution 8.23.24 1— Weekly AP Payment Register for the Period Ending 8.23.24 K — Draft Resolution 8.30.24 L — Weekly AP Payment Register for the Period Ending 8.30.24 8. Subject: Second reading of Ordinance No. 24-2263 "An Ordinance of the City Council of the City of Cupertino amending Table 11.24.150 of the Cupertino Municipal Code Relating to Prohibition of Parking along certain streets." Recommended Action: Conduct the second reading and enact Ordinance 24-2263, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING TABLE 11.24.150 OF THE CUPERTINO MUNICIPAL CODE RELATING TO PROHIBITION OF PARKING ALONG CERTAIN STREETS." David Stillman, Transportation Manager Staff Report A - Draft Ordinance B - iuly 9, 2024 City Council Staff Report 9. Subject: Future agenda items requested by City Councilmembers ("TBD List") Recommended Action: Review the TBD list and modify the list as recommended below Staff Report A - TBD List 10. Subject: Adopt a resolution increasing the employer's contribution for medical and hospitalization insurance consistent with the Public Employees' Medical and Hospital Care Act ("PEMHCA" or the "Act") for retired annuitants hired with the City of Cupertino prior to August 2004 Recommended Action: Adopt Resolution No. 24-091 increasing the employer's contribution for medical and hospitalization insurance for retired annuitants hired with the City of Cupertino prior to August 2004 Staff Report A — Draft Resolution 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 Page 6 City Council Agenda September 17, 2024 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 plan ning@cupertino.org. Plans will also be made available digitally during the hearing to consider the proposal. ACTION CALENDAR 11. Subject: Designation of Residential Permit Parking (RPP) on the north side of Lauretta Drive between Ann Arbor Avenue to 200 feet east of Ann Arbor Avenue, the south side of Lauretta Drive between Ann Arbor Avenue and a point 150 feet east of Ann Arbor Avenue, and on Ann Arbor Avenue between Lauretta Drive and Hazelbrook Drive. Recommended Action: Conduct the first reading of and introduce Ordinance 24-2264, entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING CITY CODE SECTION 11.27.145, DESIGNATION OF PREFERENTIAL PARKING ZONES, TO ADD LAURETTA DRIVE BETWEEN ANN ARBOR AVENUE AND A POINT 200 FEET EAST OF ANN ARBOR AVENUE (NORTH SIDE), LAURETTA AVENUE BETWEEN ANN ARBOR AVENUE AND A POINT 150 EAST OF ANN ARBOR (SOUTH SIDE), AND ANN ARBOR AVE BETWEEN LAURETTA DRIVE AND HAZELBROOK DRIVE (DAILY, 7:00 A.M. TO 10:00 P.M.)" Presenter: David Stillman, Transportation Manager Staff Report A - Draft Ordinance B - Permit Parking Map 12. Subject: Adoption of local amendments to the California Energy Code and repeal of Municipal Code Chapter 16.32 (Local Sustainability Requirements for Newly Adopted Buildings) Recommended Action: Conduct a first reading of and introduce Ordinance No. 24-2265, entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO REPEALING MUNICIPAL CODE CHAPTER 16.32: LOCAL SUSTAINABILITY REQUIREMENTS FOR NEWLY CONSTRUCTED BUILDINGS, AND ADOPTING LOCAL AMENDMENTS TO CALIFORNIA ENERGY CODE" Presenter: Christopher Jensen, City Attorney Staff Report A - Draft Ordinance B — Memorandum Re: Reach Code Energy Performance A122roach ITEMS REMOVED FROM THE CONSENT CALENDAR CITY MANAGER REPORT ORAL COMMUNICATIONS - CONTINUED COUNCILMEMBER REPORTS Page 7 City Council Agenda September 17, 2024 13. Subject: Councilmember Reports A - Councilmember Report, Chao B - Councilmember Report, Fruen C - Councilmember Report, Mohan D - Councilmember Report, Moore FUTURE AGENDA ITEMS ADJOURNMENT Lobbyist Registration and Reporting Requirements: Individuals who influence or attempt to influence legislative or administrative action may be required by the City of Cupertino's lobbying ordinance (Cupertino Municipal Code Chapter 2.100) to register and report lobbying activity. Persons whose communications regarding any legislative or administrative are solely limited to appearing at or submitting testimony for any public meeting held by the City are not required to register as lobbyists. For more information about the lobbying ordinance, please contact the City Clerk's Office at 10300 Torre Avenue, Cupertino, CA 95014, telephone (408) 777-3223; email cityclerk@cupertino.org, and website: www.cupertino.org/lobbyist. The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6; litigation challenging a final decision of the City Council must be brought within 90 days after a decision is announced unless a shorter time is required by State or Federal law. Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City's decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's office for more information or go to http://www..cupertino.org/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 City web site. IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipal Code section Page 8 City Council Agenda September 17, 2024 2.08.100 written communications sent to the City Council, Commissioners or 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 website and kept in packet archives. Do not include any personal or private information in written communications to the City that you do not wish to make public, as written communications are considered public records and will be made publicly available on the City website. Page 9 THE CITY COUNCIL AND STAFF CITY COUNCIL Cupertino is a General Law city organized under and subject to statutes of the State of California. It is governed by the five -member City Council with the Mayor as the presiding officer. City Council members are elected at -large to four-year, overlapping terms. Each November a mayor and a vice -mayor are selected by the City Council for a one- year term. The City Council receives advice and assistance from eleven advisory bodies, which are appointed by the Council. These are the Audit Committee, Bicycle Pedestrian Commission, Fine Arts Commission, Housing Commission, Library Commission, Parks and Recreation Commission, Planning Commission, Public Safety Commission, Sustainability Commission, Teen Commission, and Technology, Information, and Communications Commission. Council members also serve on a variety of regional bodies, including: Association of Bay Area Governments League of California Cities Santa Clara County (SCC) Cities Association SCC Emergency Preparedness Council SCC Library District SCC Emergency Preparedness Commission Santa Clara Valley Water Commission and Water District SCC Transportation Authoritym West Valley Mayors and Managers STAFF The City Manager and the City Attorney are appointed by the Council. The City Manager is responsible for interpreting and carrying out Council policies and direction, and as the chief administrative officer, the City Manager coordinates the many activities of the city and appoints the professional and technical staff. The City Attorney is the advisor to the City Council as a whole. TYPES OF COUNCIL ACTIONS ORDINANCES Ordinances are the means by which the City enacts its local laws. Unless an urgent situation exists, ordinances will first be presented at a Council meeting as a "first reading." At a subsequent Council meeting, there will be a "second reading and adoption." Ordinances go into effect after a waiting period of thirty days, in most cases, during which time the summary of the ordinance is published in a local newspaper approved for this purpose. RESOLUTIONS Resolutions and minute orders are the means by which the City Council formally adopts policies or approves specific actions. These go into effect when adopted. APPEALS Any interested person, including a Council member, may appeal a Planning Commission or Director of Community Development decision to the City Council. An appeal must be submitted in writing to the City Clerk within 14 calendar days of the mailing of the notice of the decision. RECONSIDERATION Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City's decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's office for more information or go to www.http://www.cupertino.org/index.aspx?page=125 for a reconsideration petition form. COMMUNICATING WITH COUNCIL All Council members: citycouncil@cupertino.gov Sheila Mohan SMohan@cupertino.gov (408) 777-1326 J.R. Fruen JRFruen@cupertino.gov (408) 777-1316 Liang Chao LiangChao@cupertino.gov (408) 777-3192 Kitty Moore KittyMoore@cupertino.gov (408) 777-1389 Hung Wei HWei@cupertino.gov (408) 777-1389 Executive Assistant Debran@cupertino.gov (408) 777-3139 City Hall www.cupertino.gov (408) 777-CITY Please note: the City Council discourages submission of written materials on the day of the meeting as this does not provide enough time to give the materials fair evaluation. If you rp'ust 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 ire 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:Htwitter.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) Fire (Emergency) Fire (Non -Emergency ) Garbage Gas & Electricity Recreation & Community Services Police (Emergency) Police (Non -Emergency) Public Health Sanitary Sewers Water General Information and Comments (408) 777-CITY Santa Clara County Fire Dept. dispatch 911 Santa Clara County Fire Dept. (408) 378-4010 Recology South Bay (408) 725-4020 Pacific Gas & Electric (PG&E) 1-800-743-5000 Quinlan Community Center (408) 777-3120 Santa Clara County Sheriff dispatch 911 Santa Clara County Sheriff (408) 868-6600 Santa Clara County Public Health (408) 732-3720 Cupertino Sanitary District (408) 253-7071 San Jose Water (408) 279-7900 California Water (650) 917-0152 COUNTY OF S CITY OF CUP'ERTTC C CITY OF CUPC > DI M ENT, STATE U N I' %- R PE tb� PER.IU �T ON (DXE) E)J I PPSO EDTH1'EE NC'iCJ DEO LTIN BOA -,,T I CITY 1 E stClrv,ar CUPERTINO AGENDA Special Meeting Non -Televised Closed Session (5:00) and Televised Open Session (6:45) Wednesday, September 4, 2024 5:00 PM 10300 Torre Avenue and 10350 Torre Avenue and via Teleconference City Council SHEILA MOHAN, MAYOR J.R. FRUEN, VICE MAYOR LIANG CHAO, CO UNCILMEMBER KITTYMOORE, COUNCILMEMBER HUNG WEI, CO UNCILMEMBER IN PERSON AND TELECONFERENCE MEETING For more information: (408) 777-3200 1 www.cupertino.gov SS. AN NNO A P\T [OF _)LI Y TILE IAEL. E CONDUCT OF BUSINESS The Mayor is the presiding officer of the City Council. Any member of the public may speak on any item on the agenda for up to three minutes. All statements and questions must be addressed to the Mayor. City Council hearings serve as a venue for the discussion of sometimes divergent points of view. Please respect the opinions of others and refrain from cheering or clapping. That may delay the meeting or intimidate other persons wishing to express alternate views. Actions that disrupt the meeting will result in a warning, followed by removal if disruption continues. Oral public comments will be accepted during the meeting. Comments may be made during "oral communicatiprJs, for..matters not on the agenda, and during the public comment period for each agenda item. Identifying yourself is voluntary and not required to attend the meeting or provide comments. FLOWCHART FOR HEARING ITEMS: Mayor introduces agenda item Mayor opens the public hearing Councilmembers report any site visits or outside communications i Staff reports and makes Councilmembers ask clarifying recommendation questions. i Applicant or Appellant For appeals of approvals, the makes presentation applicant may respond to (up to S min) appellants presentation. i Councilmembers ask questions of staff or applicant/appellant i Mayor invites members of Speakers submit a Request to Speak the public to speak about card, and are allowed up to 3 minutes the agenda item per individual. Council members may questions of speakers. iask Mayor invites applicanUappellant to respond to public comments (2 min) Mayor closes the public hearing i The Mayor may request a motion and City Council votes on a second after the close of the public the agenda item hearing. Council then deliberates and votes. 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.orgor 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.httc)://www.cuDertino.orL7/index.as px?page=125 for a reconsideration petition form. City Council Agenda September 4, 2024 IN -PERSON AND TELECONFERENCE / PUBLIC PARTICIPATION INFORMATION Members of the public wishing to observe the meeting may do so in one of the following ways: 1) Attend in person at Cupertino Community Hall,10350 Torre Avenue. 2) Tune to Comcast Channel 26 and AT&T U-Verse Channel 99 on your TV. 3) The meeting will also be streamed live on and online at www.Cupertino.org/youtube and www.Cupertino.org/webcast Members of the public wishing to comment on an item on the agenda may do so in the following ways: 1) Appear in person for Closed Session in City Hall, Conference Room C or for Open Session in Cupertino Community Hall. Members of the public may provide oral public comments pertaining to the agenda prior to the beginning of Closed Session and after Roll Call. Members of the public may provide oral public comments during the Open Session as follows: Oral public comments will be accepted during the meeting. Comments may be made during the public comment period for each agenda item. Members of the audience who address the City Council must come to the lectern/microphone, and are requested to complete a Speaker Card and identify themselves. Completion of Speaker Cards and identifying yourself is voluntary and not required to attend the meeting or provide comments. 2) E-mail comments for Closed Session or Open Session by 4:00 p.m. on Wednesday, September 4 to the Council at citycouncil@cupertino.org. These e-mail comments will also be forwarded to Councilmembers by the City Clerk's office before the meeting and posted to the City's website after the meeting. Members of the public that wish to share a document must email cityclerk@cupertino.org prior to the meeting. 3) Open Session Teleconferencing Instructions To address the City Council, click on the link below to register in advance and access the meeting: Online Page 2 City Council Agenda September 4, 2024 Register in advance for this webinar: https:Hcityofcupertino.zoom.us/webinar/register/WN_CjXppZ2zTV-g3JV3ZE9WXw Phone Dial: 669-900-6833 and enter Webinar ID: 9212584 6245 (Type *9 to raise hand to speak, *6 to unmute yourself). Unregistered participants will be called on by the last four digits of their phone number. Or an H.323/SIP room system: H.323: 162.255.37.11(US West) 162.255.36.11(US East) Meeting ID: 9212584 6245 SIP: 92125846245@zoomcrc.com 92829380331C zoomcrc.com After registering, you will receive a confirmation email containing information about joining the webinar. Please read the following instructions carefully: 1. You can directly download the teleconference software or connect to the meeting in your internet browser. If you are using your browser, make sure you are using a current and up-to-date browser: Chrome 30+, Firefox 27+, Microsoft Edge 12+, Safari 7+. Certain functionality may be disabled in older browsers, including Internet Explorer. 2. You will be asked to enter an email address and a name, followed by an email with instructions on how to connect to the meeting. Your email address will not be disclosed to the public. If you wish to make an oral public comment but do not wish to provide your name, you may enter "Cupertino Resident" or similar designation. 3. When the Mayor calls for the item on which you wish to speak, click on "raise hand," or, if you are calling in, press *9. Speakers will be notified shortly before they are called to speak. 4. When called, please limit your remarks to the time allotted and the specific agenda topic. 5. Members of the public that wish to share a document must email cityclerk@cupertino.org prior to the meeting. These documents will be posted to the City's website after the meeting. Page 3 City Council Agenda September 4, 2024 NOTICE AND CALL FOR A SPECIAL MEETING OF THE CUPERTINO CITY COUNCIL NOTICE IS HEREBY GIVEN that a special meeting of the Cupertino City Council is hereby called for Wednesday, September 04, 2024, for a Closed Session commencing at 5:00 p.m. in City Hall, Conference Room C, 10300 Torre Avenue, Cupertino, California 95014 and an Open Session at 6:45 p.m. in Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, California 95014 and via teleconference. Said special meeting shall be for the purpose of conducting business on the subject matters listed below under the heading, "Special Meeting." SPECIAL MEETING ROLL CALL - 5:00 PM 10300 Torre Avenue, Conference Room C CLOSED SESSION 1. Subject: Public Employee Performance Evaluation (Gov. Code § 54957(b)(1)); Title: City Manager 2. Subject: Conference with Legal Counsel - Existing Litigation pursuant to Government Code § 54956.9: National Opioids Settlement (Kroger Co.) RECESS OPEN SESSION ROLL CALL - 6:45 PM 10350 Torre Avenue, Community Hall and via Teleconference CLOSED SESSION REPORT CEREMONIAL ITEMS 3. Subject: Recognition of September as National Preparedness Month Recommended Action: Recognize September as National Preparedness Month 4. Subject: Recognition of National Hispanic Heritage Month (September 15- October 15) Recommended Action: Recognize National Hispanic Heritage Month (September 15- October 15) PRESENTATIONS 5. Subject: Annual Report of the Audit Committee Recommended Action: Receive report of annual activities of the Audit Committee Page 4 City Council Agenda September 4, 2024 6. Subject: Annual Report of the Bicycle Pedestrian Commission Recommended Action: Receive report of annual activities of the Bicycle Pedestrian Commission POSTPONEMENTS AND ORDERS OF THE DAY ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the Council on any matter within the jurisdiction of the Council and not on the agenda for . discussion. The total time for Oral Communications will ordinarily be limited to one hour. Individual speakers are limited to three (3) minutes. As necessary, the Chair may further limit the time allowed to individual speakers, or reschedule remaining comments to the end of the meeting on a first come first heard basis, with priority given to students. In most cases, State law will prohibit the Council from discussing or making any decisions with respect to a matter not listed on the agenda. A councilmember may, however, briefly respond to statements made or questions posed by speakers. A councilmember may also ask a question for clarification, provide a reference for factual information, request staff to report back concerning a matter, or request that an item be added to a future City Council agenda in response to public comment. CONSENT CALENDAR (Items 7-13) Items appearing on the Consent Calendar are considered routine City business and may be approved by one motion. Typical items may include meeting minutes, awards of contracts, the ratification of accounts payable, and second readings of ordinances. Any member of the Council may request to have an item removed from the Consent Calendar based on the rules set forth in the City Council Procedures Manual. Members of the public may provide input on one or more consent calendar items when the Mayor asks for public comments on the Consent Calendar. 7. Subject: Approve the July 16, 2024 City Council minutes Recommended Action: Approve the July 16, 2024 City Council minutes A - Draft Minutes 8. Subject: Approve the July 22, 2024 City Council minutes Recommended Action: Approve the July 22, 2024 City Council minutes A - Draft Minutes 9. Subject: Ratifying Accounts Payable for the periods ending July 5, 2024; July 12, 2024; July 19, 2024; and July 26, 2024 Page 5 City Council Agenda September 4, 2024 Recommended Action: A. Adopt Resolution No. 24-079 ratifying Accounts Payable for the Period ending July 5, 2024; B. Adopt Resolution No. 24-080 ratifying Accounts Payable for the Period ending July 12, 2024; C. Adopt Resolution No. 24-081 ratifying Accounts Payable for the Period ending July 19, 2024; and D. Adopt Resolution No. 24-082 ratifying Accounts Payable for the Period ending July 26, 2024 Staff report A — Draft Resolution 7.5.24 B — Weekly AP Payment Register for the Period Ending 7.5.24 C — Draft Resolution 7.12.24 D — Weekly AP Payment Register for the Period Ending 7.12.24 E — Draft Resolution 7.19.24 F — Weekly AP Payment Register for the Period Ending 7.19.24 G — Draft Resolution 7.26.24 H — Weekly AP Payment Register for the Period Ending 7.26.24 10. Subject: Amendments to the City of Cupertino Conflict of Interest Code for officials and designated employees per State law requirement on a biennial basis; 2024 Local Agency Biennial Notice Recommended Action: a.) Adopt Resolution No. 24-083 rescinding Resolution No. 22-120 and amending the City of Cupertino Conflict of Interest Code for officials and designated employees; and b.) Authorize the City Manager to sign the required 2024 Local Agency Biennial Notice Staff Report A - Draft Resolution and Conflict of Interest Code (redline) B — Draft Resolution and Conflict of Interest Code (clean) C — Adopted Resolution No. 22-120 D - 2024 Local Agency Biennial Notice 11. Subject: Designation of voting delegate and an alternate to vote at the Annual Business Meeting (General Assembly) during the League of California Cities Annual Conference and Expo, October 16-18, 2024 Recommended Action: Designate the Mayor as voting delegate and the Vice Mayor as the alternate to vote at the Annual Business Meeting (General Assembly) during the League of California Cities Annual Conference and Expo, October 16-18, 2024 Staff Report A - 2024 Voting Delegate Packet 12. Subject: Approve an agreement with Sweeping Corp of America (SCA) for street sweeping services of City of Cupertino's residential, commercial, and bicycle lanes in the amount not to exceed $2,215,705 and approve a budget modification in the amount of $41,090 Page 6 City Council Agenda September 4, 2024 Recommended Action: 1. Authorize the City Manager to award a five-year contract for Street Sweeping Services (Project No. 2024-104) to Sweeping Corp of America at a baseline amount of $443,141 per year and in an amount not to exceed $2,215,705 2. Adopt Resolution No. 24-084 approving budget modification #2425-353, of an appropriation increase of $20,545 in both the Resource Recovery Fund (520) for account 520-81-801700-702 and $20,545 the Environmental Management/Clean Creek/Storm Drain Fund (230) to account 230-81-802 700-702 Staff Report A - Draft Agreement B - Draft Resolution 13. Subject: Award of a construction contract for the 2024 Concrete Reconstruction Project to Duran Construction Group for removal and replacement of concrete curbs, gutters, sidewalks, and pedestrian ramps in the amount of $1,586,842 Recommended Action: 1. Award a construction contract for the 2024 Concrete Reconstruction Project (project number 2024-103) in the amount of $1,586,842 to Duran Construction Group; 2. Authorize the City Manager to execute the construction contract when all conditions have been met; and 3. Authorize the Director of Public Works to execute any necessary change orders up to a construction contingency amount of $158,684 (10%) for a total contract amount of $1,745,526 Staff Report A - Draft Contract PUBLIC HEARINGS - None Effective January 1, 2023, Government Code Section 65103.5 (SB 1214) limits the distribution of copyrighted material associated with the review of development projects. Members of the public wishing to view plans that cannot otherwise be distributed under SB 1214 may make an appointment with the Planning Division to view them at City Hall by sending an email to planning@cupertino.org. Plans will also be made available digitally during the hearing to consider the proposal. ACTION CALENDAR 14. Subject: Review City Work Program funding to develop new ELI (Extremely Low Income) and BMR housing units for Developmentally Disabled individuals (IDD) on City -owned property along Mary Avenue (APN: 326-27-053) Recommended Action: Receive presentation and authorize staff to utilize the entire remaining budgeted amount (up to $235,000) to evaluate the proposal received for the City -owned property on Mary Ave Presenter: Gian Martire, Senior Planner Page 7 City Council Agenda September 4, 2024 Staff Report A — Signed Exclusive Negotiating Agreement — Mary Avenue ITEMS REMOVED FROM THE CONSENT CALENDAR CITY MANAGER REPORT ORAL COMMUNICATIONS - CONTINUED COUNCILMEMBER REPORTS 15. Subject: Councilmember Reports A - Councilmember Report, Chao B - Councilmember Report, Fruen C - Councilmember Report, Mohan D - Councilmember Report, Moore FUTURE AGENDA ITEMS ADJOURNMENT Lobbyist Registration and Reporting Requirements: Individuals who influence or attempt to influence legislative or administrative action may be required by the City of Cupertino's lobbying ordinance (Cupertino Municipal Code Chapter 2.100) to register and report lobbying activity. Persons whose communications regarding any legislative or administrative are solely limited to appearing at or submitting testimony for any public meeting held by the City are not required to register as lobbyists. For more information about the lobbying ordinance, please contact the City Clerk's Office at 10300 Torre Avenue, Cupertino, CA 95014, telephone (408) 777-3223; email cityclerk@cupertino.org, and website: www.cupertino.org/lobbyist. The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6; litigation challenging a final decision of the City Council must be brought within 90 days after a decision is announced unless a shorter time is required by State or Federal law. Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City's decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's office for more information or go to http://www.cupertino.org/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 Page 8 City Council Agenda September 4, 2024 writings distributed for the meeting that are public records will be made available in the appropriate alternative format. Any writings or documents provided to a majority of the Cupertino City Council after publication of the packet will be made available for public inspection in the City Clerk's Office located at City Hall, 10300 Torre Avenue, Cupertino, California 95014, during normal business hours, and in Council packet archives linked from the agenda/minutes page on the Cupertino web site. IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipal Code section 2.08.100 written communications sent to the Cupertino City Council, Commissioners or City staff concerning a matter on the agenda are included as supplemental material to the agendized item. These written communications are accessible to the public through the City's website and kept in packet archives. Do not include any personal or private information in written communications to the City that you do not wish to make public, as written communications are considered public records and will be made publicly available on the City website. Page 9 THE CITY COUNCIL AND STAFF CITY COUNCIL Cupertino is a General Law city organized under and subject to statutes of the State of California. It is governed by the five -member City Council with the Mayor as the presiding officer. City Council members are elected at -large to four-year, overlapping terms. Each November a mayor and a vice -mayor are selected by the City Council for a one- year term. The City Council receives advice and assistance from eleven advisory bodies, which are appointed by the Council. These are the Audit Committee, Bicycle Pedestrian Commission, Fine Arts Commission, Housing Commission, Library Commission, Parks and Recreation Commission, Planning Commission, Public Safety Commission, Sustainability Commission, Teen Commission, and Technology, Information, and Communications Commission. Council members also serve on a variety of regional bodies, including: Association of Bay Area Governments League of California Cities Santa Clara County (SCC) Cities Association SCC Emergency Preparedness Council SCC Library District SCC Emergency Preparedness Commission Santa Clara Valley Water Commission and Water District SCC Transportation Authoritym West Valley Mayors and Managers STAFF The City Manager and the City Attorney are appointed by the Council. The City Manager is responsible for interpreting and carrying out Council policies and direction, and as the chief administrative officer, the City Manager coordinates the many activities of the city and appoints the professional and technical staff. The City Attorney is the advisor to the City Council as a whole. TYPES OF COUNCIL ACTIONS ORDINANCES Ordinances are the means by which the City enacts its local laws. Unless an urgent situation exists, ordinances will first be presented at a Council meeting as a "first reading." At a subsequent Council meeting, there will be a "second reading and adoption." Ordinances go into effect after a waiting period of thirty days, in most cases, during which time the summary of the ordinance is published in a local newspaper approved for this purpose. RESOLUTIONS Resolutions and minute orders are the means by which the City Council formally adopts policies or approves specific actions. These go into effect when adopted. APPEALS Any interested person, including a Council member, may appeal a Planning Commission or Director of Community Development decision to the City Council. An appeal must be submitted in writing to the City Clerk within 14 calendar days of the mailing of the notice of the decision. RECONSIDERATION Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City's decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's office for more information or go to www.http://www.cupert!no.org/index.aspx?page=125 for a reconsideration petition form. COMMUNICATING WITH COUNCIL All Council members: citycouncil@cupertino.gov Sheila Mohan SMohan@cupertino.gov (408) 777-1326 J.R. Fruen JRFruen@cupertino.gov (408) 777-1316 Liang Chao LiangChao@cupertino.gov (408) 777-3192 Kitty Moore KittyMoore@cupertino.gov (408) 777-1389 Hung Wei HWei@cupertino.gov (408) 777-1389 Executive Assistant Debran@cupertino.gov (408) 777-3139 City Hall www.cupertino.gov (408) 777-CITY Please note: the City Council discourages submission of written materials on the day of the meeting as this does not provide enough time to give the materials fair evaluation. If you must provide written materials on the day of the meeting, as least one copy must be given to the City Clerk for the permanent record, and ten copies are preferred. NEWS AND NOTICES FROM CITY HALL EMAIL Sign up for e-notification of agendas, elections, and other news on the city website at www.cupertino.org/notify TELEVISION The City Channel broadcasts City Council and Planning Commission meetings , as well as agenda previews, public service announcements, and other programs of community interest, on Channel 26 in Cupertino. The meetings are shown at these times: Tuesday (live) 6:45 p.m. Friday (replay) 10:00 a.m. Thursday (replay) 7:00 p.m. Saturday (replay) 9:00 a.m. INTERNET City Council and Planning Commission videos are available on demand at www.cupertino.org. Select "I Want To, View City Council meetings". News and community information can also be found at: https://www.facebook.com/cityofcupertino/ https://twitter.com/CityofCupertino https://www.instagram.com/cityofcupertino AUDIO Tune into Radio Cupertino, 1670 AM, for meeting announcements, public service messages, and emergency announcements. [m 1:10 1►1fi1:14;;l City of Cupertino (City Hall) Fire (Emergency) Fire (Non -Emergency ) Garbage Gas & Electricity Recreation & Community Services Police (Emergency) Police (Non -Emergency) Public Health Sanitary Sewers Water General Information and Comments (408) 777-CITY Santa Clara County Fire Dept. dispatch 911 Santa Clara County Fire Dept. (408) 378-4010 Recology South Bay (408) 725-4020 Pacific Gas & Electric (PG&E) 1-800-743-5000 Quinlan Community Center (408) 777-3120 Santa Clara County Sheriff dispatch 911 Santa Clara County Sheriff (408) 868-6600 Santa Clara County Public Health (408) 732-3720 Cupertino Sanitary District (408) 253-7071 San Jose Water (408) 279-7900 California Water (650) 917-0152 CITY OF STATE OF CALIFORN,111A ) I= OFFICE OF THE CITY CLERK r J �� ` ,. _ --- )SS. m AN CITY HALL 10300 TORRE AVENUE • CUPERTINO,- CA Abl'4-3-5 Ilr� TELEPHONE: (408) 777-3223 • FAX: (408) 777-3366 'i .'i� CUPERTINO CUPERTINO.ORG �'£' 4 -; �' OF r P,U.=li<i:r :1- C'i i'Y [ILALL. CUPERTINO CIT L o NOTICE OF CANS r DATE SIGN',VFU RE NOTICE IS HEREBY GIVEN that the regular meeting of the Cupertino City Council scheduled for Tuesday, September 03, 2024 beginning at 6:45 p.m. in Community Hall Co-uncil Chamber, 10350 Torre Avenue, Cupertino, CA 95014 and via teleconference, is cancelled. A special meeting will be held on Wednesday, September 04, 2024 beginning at 6:45 p.m. in Comm -unity Hall Council Chamber, 10350 Torre Avenue, Cupertino, CA 95014 and via teleconference. Dated this 2011, day of August, 2024 jajz,— Sapudar Deputy City Clerk STATE OF CALIFO F '•41 [ A CITY OF - -- __ ��s- CO�rN Y of $A ; �' °�.-� .-� PAOFFICE OF THE CITY rLERK ' N EI�IPLOYEE OF -11 CITY HALL D1.YrI 10300 TORRE AVENUE •;,CUPERTfIT6 55----��Gi Y (1 TELEPHONE: (408) 777- 23 (40$i 777-3366Ai .� CUPERTINO CUPERTINO.ORG P IDSO r,l_y POSTED TEIE N(--) 1 F. z AG CN DA ON 1 ►-1 E BULLETIN BOARD AF CITY HALL. CUPERTINO CIT-1YI COUNCIL _ NOTICE OF CAT�tt IATION SIGNATURIJ NOTICE IS HEREBY GIVEN that the regular meeting of the Cupertino City Council scheduled for Tuesday, August 06, 2024 beginning at 6:45 p.m. in Community Hall Coi.mcil Chamber, 10350 Torre Avenue, Cupertino, CA 95014 and via teleconference, is cancelled. Dated this 23rd day of July, 2024 Lauren Sapudar Deputy City Clerk CITY OF CUPERTINO r :) I•;!J`L' NoCI H ED ETIN BOARD AX CITY I CUPERTI )_ DATE S1GNr-\TU R AGENDA Televised Special Meeting (6:30) Monday, July 22, 2024 6:30 PM 10350 Torre Avenue, Council Chamber and via Teleconference City Council SHEILA MOHAN, MAYOR J.R. FRUEN, VICE MAYOR LIANG CHAO, CO UNCILMEMBER KITTYMOORE, COUNCILMEMBER HUNG WEI, CO UNCILMEMBER IN PERSON AND TELECONFERENCE MEETING For more information: (408) 777-3200 1 wwzv.cupertino.gov sS. OF City Council Agenda July 22, 2024 IN -PERSON AND TELECONFERENCE / PUBLIC PARTICIPATION INFORMATION Members of the public wishing to observe the meeting may do so in one of the following ways: 1) Attend in person at Cupertino Community Hall,10350 Torre Avenue. 2) Tune to Comcast Channel 26 and AT&T U-Verse Channel 99 on your TV. 3) The meeting will also be streamed live on and online at www.Cupertino.org/youtube and www.Cupertino.org/webcast Members of the public wishing to comment on an item on the agenda may do so in the following ways: 1) Appear in person at Cupertino Community Hall. 2) E-mail comments by 4:00 p.m. on Monday, July 22 to the Council at citycouncil@cupertino.org. These e-mail comments will also be forwarded to Councilmembers by the City Clerk's office before the meeting and posted to the City's website after the meeting. Members of the public that wish to share a document must email cityclerk@cupertino.org prior to the meeting. 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. 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:Hcityofcupertino.zoom.us/webinar/register/WN_VWXM8NG2R8KfvQhdj WBgWA Phone Dial: 669-900-6833 and enter Webinar ID: 9891060 0744 (Type *9 to raise hand to speak, *6 to unmute yourself). Unregistered participants will be called on by the last four digits of their Page 2 City Council Agenda July 22, 2024 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: 9891060 0744 SIP: 989106007440zoomcrc.com After registering, you will receive a confirmation email containing information about joining the webinar. Please read the following instructions carefully: 1. You can directly download the teleconference software or connect to the meeting in your internet browser. If you are using your browser, make sure you are using a current and up-to-date browser: Chrome 30+, Firefox 27+, Microsoft Edge 12+, Safari 7+, Certain functionality may be disabled in older browsers, including Internet Explorer. 2. You will be asked to enter an email address and a name, followed by an email with instructions on how to connect to the meeting. Your email address will not be disclosed to the public. If you wish to make an oral public comment but do not wish to provide your name, you may enter "Cupertino Resident" or similar designation. 3. When the Mayor calls for the item on which you wish to speak, click on "raise hand," or, if you are calling in, press *9. Speakers will be notified shortly before they are called to speak. 4. When called, please limit your remarks to the time allotted and the specific agenda topic. 5. Members of the public that wish to share a document must email cityclerkocupertino.org prior to the meeting. These documents will be 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 Monday, July 22, 2024, commencing at 6:30 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." Page 3 City Council Agenda July 22, 2024 SPECIAL MEETING ROLL CALL PUBLIC HEARINGS 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. 1. Subject: Approval of lien 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 Recommended Action: 1. Conduct a public hearing to consider objections from any property owners listed on the assessment report; and 2. Adopt Resolution No. 24-078 approving the lien assessment and collection of fees on private parcels for the annual Weed and Brush Abatement Programs. Staff Report A - Draft Resolution and Exhibit A B - Assessment Report (Exhibit A) C - Adopted Resolution Ordering Abatement D - Cites Mailed Hearing Notice ADJOURNMENT Lobbyist Registration and Reporting Requirements: Individuals who influence or attempt to influence legislative or administrative action may be required by the City of Cupertino's lobbying ordinance (Cupertino Municipal Code Chapter 2.100) to register and report lobbying activity. Persons whose communications regarding any legislative or administrative are solely limited to appearing at or submitting testimony for any public meeting held by the City are not required to register as lobbyists. For more information about the lobbying ordinance, please contact the City Clerk's Office at 10300 Torre Avenue, Cupertino, CA 95014, telephone (408) 777-3223; email cityclerk@cupertino.org, and website: www.citpertino.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 Page 4 City Council Agenda July 22, 2024 Code §2.08.096. Contact the City Clerk's office for more information or go to http://www.cupertino.org/cihjclerkfor 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 majorihj 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 5 STATE OF CALIFORNIA SS. CITY OF C COI NTY 0.. `�= m;O-----_,, LARA I,� � AN ft tw r "- CIiY OF CUPEI INO nAkA DE A I= NiENT, STATE !: PE 1 <A,L � OF PI RJURY THAT' ON (D,-I'E) � �� (TIME) �' Q�,�n. I PRSON ILLY E NCT'1 E,',,,GENDA ON THE BOARD AT CITY HALL. SIGNA CUPERTINO AGENDA Televised Special Meeting (5:00) and Regular City Council Meeting (6:45) Tuesday, July 16, 2024 5:00 PM 10350 Torre Avenue, Council Chamber and via Teleconference City Council SHEILA MOHAN, MAYOR J.R. FRUEN, VICE MAYOR LIANG CHAO, COLINCILMEMBER KITTYMOORE, COUNCILMEMBER HUNG WEI, CO UNCILMEMBER IN PERSON AND TELECONFERENCE MEETING For more information: (408) 777-3200 1 zvww.cupertino.gov CONDUCT OF BUSINESS The Mayor is the presiding officer of the City Council. Any member of the public may speak on any item on the agenda for up to three minutes. All statements and questions must be addressed to the Mayor. City Council hearings serve as a venue for the discussion of sometimes divergent points of view. Please respect the opinions of others and refrain from cheering or clapping. That may delay the meeting or intimidate other persons wishing to express alternate views. Actions that disrupt the meeting will result in a warning, followed by removal if disruption continues. Oral public comments will be accepted during the meeting. Comments may be made during "oral communications" for matters not on the agenda, and during the public comment period for each agenda item. Identifying yourself is voluntary and not required to attend the meeting or provide comments. FLOWCHART FOR HEARING ITEMS: Mayor introduces agenda item Mayor opens the public hearing Councilmembers report any site visits or outside communications. i Staff reports and makes Councilmembers ask clarifying recommendation questions. i Applicant or Appellant For appeals of approvals, the makes presentation applicant may respond to (up to 8 min) appellants presentation. i Councilmembers ask questions of staff or applicant/appellant i Mayor invites members of Speakers submit a Request to Speak the public to speak about card, and are allowed up to 3 minutes the agenda item per individual. Council members may ask questions of speakers. i Mayor invites applicant/appellant to respond to public comments (2 min) Mayor closes the public hearing i The Mayor may request a motion and City Council votes on a second after the close of the public the agenda item hearing. Council then deliberates and votes. PUBLIC HEARINGS The City Council is required by law to hold public hearings on certain matters prior to making its decision. Notice to interested parties is given by legal advertisement in the local newspaper of general circulation at least 10 calendar days preceding the hearing date. Applications requiring public hearings include change of zoning, variances, use permits, and tentative maps. COUNCIL MEETINGS The City Council regularly meets the first and third Tuesdays of each month. These meetings are held at 6:45 p.m. Closed sessions, when needed, are normally held at 6:00 p.m. Closed sessions cover items such as personnel, litigation, or the sale , purchase, or lease of property. The law requires certain actions taken in closed session to be reported in open session. Urgent business, holidays, or election days may trigger special or adjourned meetings. These meetings will be noticed beforehand. AGENDAS, MINUTES, AND PACKETS AVAILABLE ON THE WEB Agendas, minutes, and packets for current and prior City Council and Planning Commission meetings are available at www.cupertino.org, or you can purchase the items on CD. CITY COUNCIL DECISION IS FINAL Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City's decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's office for more information or go to www.httr)://www.cuioertino.org/index.as px?paee=125 for a reconsideration petition form. City Council Agenda July 16, 2024 IN -PERSON AND TELECONFERENCE / PUBLIC PARTICIPATION INFORMATION Members of the public wishing to observe the meeting may do so in one of the following ways: 1) Attend in person at Cupertino Community Hall,10350 Torre Avenue. 2) Tune to Comcast Channel 26 and AT&T U-Verse Channel 99 on your TV. 3) The meeting will also be streamed live on and online at www.Cupertino.org/youtube and www.Cupertino.org/webcast Members of the public wishing to comment on an item on the agenda may do so in the following ways: 1) Appear in person at Cupertino Community Hall. 2) E-mail comments by 4:00 p.m. on Tuesday, July 16 to the Council at citycouncilacupertino.org. These e-mail comments will also be forwarded to Councilmembers by the City Clerk's office before the meeting and posted to the City's website after the meeting. Members of the public that wish to share a document must email cityclerk@cupertino.org prior to the meeting. 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. 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 Page 2 City Council Agenda July 16, 2024 Register in advance for this webinar: https:Hcityofcupertino.zoom.us/webinar/register/WN_ADW2zHlIQneWLrKn_xot_Q Phone Dial: 669-900-6833 and enter Webinar ID: 960 7537 0091 (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: 960 7537 0091 SIP: 96075370091@zoomcrc.com After registering, you will receive a confirmation email containing information about joining the webinar. Please read the following instructions carefully: 1. You can directly download the teleconference software or connect to the meeting in your internet browser. If you are using your browser, make sure you are using a current and up-to-date browser: Chrome 30+, Firefox 27+, Microsoft Edge 12+, Safari 7+. Certain functionality may be disabled in older browsers, including Internet Explorer. 2. You will be asked to enter an email address and a name, followed by an email with instructions on how to connect to the meeting. Your email address will not be disclosed to the public. If you wish to make an oral public comment but do not wish to provide your name, you may enter "Cupertino Resident" or similar designation. 3. When the Mayor calls for the item on which you wish to speak, click on "raise hand," or, if you are calling in, press *9. Speakers will be notified shortly before they are called to speak. 4. When called, please limit your remarks to the time allotted and the specific agenda topic. 5. Members of the public that wish to share a document must email cityclerk@cupertino.org prior to the meeting. These documents will be posted to the City's website after the meeting. Page 3 City Council Agenda July 16, 2024 NOTICE AND CALL FOR A SPECIAL MEETING OF THE CUPERTINO CITY COUNCIL NOTICE IS HEREBY GIVEN that a special meeting of the Cupertino City Council is hereby called for Tuesday, July 16, 2024, 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 ROLL CALL - 5:00 PM PUBLIC HEARINGS 1. Subject: Lease agreement with San Jose Water Company for the operation of the Cupertino Municipal Water System Recommended Action: Adopt Resolution No. 24-071 authorizing the City Manager to execute a lease agreement with San Jose Water Company for the operation of the Cupertino Municipal Water System Presenter: Jimmy Tan, Assistant Director of Public Works Staff Report A - Draft Resolution B - Water Service Area C - Draft Lease Agreement ADJOURNMENT REGULAR MEETING CALL TO ORDER - 6:45 PM PLEDGE OF ALLEGIANCE ROLL CALL CLOSED SESSION REPORT CEREMONIAL ITEMS POSTPONEMENTS AND ORDERS OF THE DAY ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the Council on any matter within the jurisdiction of the Council and not on the agenda for discussion. The total time for Oral Communications will ordinarily be limited to one hour. Individual spealcers are limited to three (3) Page 4 City Council Agenda . July 16, 2024 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 1-9) 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. 1. Subject: Receive the FY 2022-23 Annual Comprehensive Financial Report (ACFR) (Continued from July 9, 2024) Recommended Action: Receive the FY 2022-23 Annual Comprehensive Financial Report (ACFR) Staff Report A — FY 2022-23 ACFR 2. Subject: Approve the Amended June 19, 2024 City Council minutes Recommended Action: Approve the Amended June 19, 2024 City Council minutes Staff Report A - Amended Minutes (redline) 3. Subject: Approve the June 26, 2024 City Council minutes Recommended Action: Approve the June 26, 2024 City Council minutes A - Draft Minutes 4. Subject: Approve the June 27, 2024 City Council minutes Recommended Action: Approve the June 27, 2024 City Council minutes A - Draft Minutes 5. Subject: Approve the July 2, 2024 City Council minutes Recommended Action: Approve the July 2, 2024 City Council minutes A - Draft Minutes 6. Subject: Ratifying Accounts Payable for the periods ending June 7, 2024; June 14, 2024; June 21, 2024; and June 28, 2024 Page 5 City Council Agenda July 16, 2024 Recommended Action: A. Adopt Resolution No. 24-072 ratifying Accounts Payable for the period ending June 7, 2024; B. Adopt Resolution No. 24-073 ratifying Accounts Payable for the period ending June 14, 2024; C. Adopt Resolution No. 24-074 ratifying Accounts Payable for the period ending June 21, 2024; and D. Adopt Resolution No. 24-075 ratifying Accounts Payable for the period ending June 28, 2024 Staff report A - Draft Resolution 6.7.24 B - Weekly AP Payment Register for the Period Ending 6.7.24 C - Draft Resolution 6.14.24 D - Weekly AP Payment Register for the Period Ending 6.14.24 E - Draft Resolution 6.21.24 F - Weekly AP Payment Register for the Period Ending 6.21.24 G - Draft Resolution 6.28.24 H - Weekly AP Payment Register for the Period Ending 6.28.24 7. Subject: Second reading of Municipal Code Amendments and Zoning Map Amendments to ensure conformance with the Housing Element and related CEQA exemption. (Application No.: MCA-2023-001, Z-2024-001; Applicant: City of Cupertino; Location: Citywide) Recommended Action: 1. Conduct the second reading and enact Ordinance No. 24-2261 "An Ordinance of the City Council of the City of Cupertino Amending Various Chapters in Title 14, Title 17 And Title 19, Including But Not limited to the Addition of Three New Chapters in Title 19, to Implement Policies in the General Plan and for Clarity" (Attachment A); and 2. Conduct the second reading and enact Ordinance No. 24-2262 "An Ordinance of the City Council of the City of Cupertino Rezoning Certain Sites in the City for Conformance with General Plan and Housing Element" (Attachment B) to reflect changes to Priority Housing Sites and other minor changes for internal consistency. Staff Report A - Draft Ordinance No. 24-2261 B - Draft Ordinance No. 24-2262 8. Subject: Approve a Third Amendment with M-Group for planning services for an additional $22,000 for a total not -to -exceed amount of $221,200 Recommended Action: Authorize the City Manager to execute a Third Amendment with M-Group for $22,000 in additional planning services delivered through June 30, 2024, for a total compensation amount of $221,200 Page 6 City Council Agenda July 16, 2024 Staff Report A — Draft Third Amendment B — Original Agreement 2023-015 C — First Amendment D — Second Amendment 9. Subject: Annual Evaluation Report on the Federal Emergency Management Agency (FEMA) Community Rating System's (CRS) Program for Public Information Recommended Action: Adopt Resolution No. 24-076 accepting the Annual Evaluation Report for Fiscal Year 2024 (Year 3) of the 2021 Santa Clara County Multi -Jurisdictional Program for Public Information Staff Report A - Draft Resolution B - Annual Evaluation Report for FY 24 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 malce 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 10. Subject: Waiver of Below Market Rate Housing Mitigation Fees ("BMR Fees") and Zoning/Planning Municipal Code Fees ("Planning Fees') imposed on Vallco/Rise SB 35 project (10101-10330 North Wolfe Road) Recommended Action: Adopt Resolution No. 24-077 waiving BMR and Planning Fees imposed of the Vallco/Rise SB 35 project Presenter: Christopher Jensen, City Attorney Staff Report A — February 2024 Modified Project Approval B — Settlement Agreement and Release C — Draft Resolution ITEMS REMOVED FROM THE CONSENT CALENDAR CITY MANAGER REPORT ORAL COMMUNICATIONS - CONTINUED COUNCILMEMBER REPORTS 11. Subject: Councilmember Reports Page 7 City Council Agenda July 16, 2024 A - Councilmember Report, Fruen B - Councilmember Report, Mohan C - Councilmember Report, Wei FUTURE AGENDA ITEMS ADJOURNMENT Lobbyist Registration and Reporting Requirements: Individuals who influence or attempt to influence legislative or administrative action may be required by the City of Cupertino's lobbying ordinance (Cupertino Municipal Code Chapter 2.100) to register and report lobbying activity. Persons whose communications regarding any legislative or administrative are solely limited to appearing at or submitting testimony for any public meeting held by the City are not required to register as lobbyists. For more information about the lobbying ordinance, please contact the City Clerk's Office at 10300 Torre Avenue, Cupertino, CA 95014, telephone (408) 777-3223; email cityclerk@cupertino.org, and website: www.cupertino.org/lobbyist. The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6, litigation challenging a final decision of the City Council must be brought within 90 days after a decision is announced unless a shorter time is required by State or Federal law. Prior to seeking judicial review of any adjudicatonj (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. 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 Page 8 City Council Agenda July 16, 2024 written communications are accessible to the public through the City's website and kept in packet archives. Do not include any personal or private information in written communications to the City that you do not wish to make public, as written communications are considered public records and will be made publicly available on the City website. Page 9 THE CITY COUNCIL AND STAFF CITY COUNCIL Cupertino is a General Law city organized under and subject to statutes of the State of California. It is governed by the five -member City Council with the Mayor as the presiding officer. City Council members are elected at -large to four-year, overlapping terms. Each November a mayor and a vice -mayor are selected by the City Council for a one- 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, Housing Commission, Library Commission, Parks and Recreation Commission, Planning Commission, Public Safety Commission, Sustainability Commission, Teen Commission, and Technology, Information, and Communications Commission. Council members also serve on a'variety of regional bodies, including: Association of Bay Area Governments League of California Cities Santa Clara County (SCC) Cities Association SCC Emergency Preparedness Council SCC Library District SCC Emergency Preparedness Commission Santa Clara Valley Water Commission and Water District SCC Transportation Authoritym West Valley Mayors and Managers STAFF The City Manager and the City Attorney are appointed by the Council. The City Manager is responsible for interpreting and carrying out Council policies and direction, and as the chief administrative officer, the City Manager coordinates the many activities of the city and appoints the professional and technical staff. The City Attorney is the advisor to the City Council as a whole. TYPES OF COUNCIL ACTIONS ORDINANCES Ordinances are the means by which the City enacts its local laws. Unless an urgent situation exists, ordinances will first be presented at a Council meeting as a "first reading." At a subsequent Council meeting, there will be a "second reading and adoption." Ordinances go into effect after a waiting period of thirty days, in most cases, during which time the summary of the ordinance is published in a local newspaper approved for this purpose. RESOLUTIONS Resolutions and minute orders are the means by which the City Council formally adopts policies or approves specific actions. These go into effect when adopted. APPEALS Any interested person, including a Council member, may appeal a Planning Commission or Director of Community Development decision to the City Council. An appeal must be submitted in writing to the City Clerk within 14 calendar days of the mailing of the notice of the decision. RECONSIDERATION Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City's decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's office for more information or go to www.http://www.cupertino.org/index.aspx?page=125 for a reconsideration petition form. COMMUNICATING WITH COUNCIL All Council members: citycouncil@cupertino.gov Sheila Mohan SMohan@cupertino.gov (408) 777-1326 J.R. Fruen 1RFruen@cupertino.gov (408) 777-1316 Liang Chao LiangChao@cupertino.gov (408) 777-3192 Kitty Moore KittyMoore@cupertino.gov (408) 777-1389 Hung Wei HWei@cupertino.gov (408) 777-1389 Executive Assistant Debran@cupertino.gov (408) 777-3139 City Hall www.cupertino.gov (408) 777-CITY Please note: the City Council discourages submission of written materials on the day of the meeting as this does not provide enough time to give the materials fair evaluation. If you must provide written materials on the day of the meeting, as least one copy must be given to the City Clerk for the permanent record, and ten copies are preferred. NEWS AND NOTICES FROM CITY HALL EMAIL Sign up for e-notification of agendas, elections, and other news on the city website at www.cupertino.org/notify TELEVISION The City Channel broadcasts City Council and Planning Commission meetings , as well as agenda previews, public service announcements, and other programs of community interest, on Channel 26 in Cupertino. The meetings are shown at these times: Tuesday (live) 6:45 p.m. Friday (replay) 10:00 a.m. Thursday (replay) 7:00 p.m. Saturday (replay) 9:00 a.m. INTERNET City Council and Planning Commission videos are available on demand at www.cupertino.org. Select "I Want To, View City Council meetings". News and community information can also be found at: https://www.facebook.com/cityofcupertino/ https:Htwitter.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 s,r&, FE 0L= `ALIT . .- 1 .,` CITY OF CUPERTINO ; 76 Ti i CUPERTINO AGENDA Special Meeting Non -Televised Closed Session (5:00) and Televised Open Session (6:45) Tuesday, July 9, 2024 5:00 PM 10300 Torre Avenue and 10350 Torre Avenue and via Teleconference City Council O SHEILA MOHAN, MAYOR J.R. FRUEN, VICE MAYOR LIANG CHAO, COUNCILMEMBER KITTYMOORE, COUNCILMEMBER HUNG WEI, COUNCILMEMBER IN PERSON AND TELECONFERENCE MEETING For more information: (408) 777-3200 1 wiviv.cupertino.gov r2 CONDUCT OF BUSINESS The Mayor is the presiding officer of the City Council. Any member of the public may speak on any item on the agenda for up to three minutes. All statements and questions must be addressed to the Mayor. City Council hearings serve as a venue for the discussion of sometimes divergent points of view. Please respect the opinions of others and refrain from cheering or clapping. That may delay the meeting or intimidate other persons wishing to express alternate views. Actions that disrupt the meeting will result in a warning, followed by removal if disruption continues. Oral public comments will be accepted during the meeting. Comments may be made during "oral communications" for matters not on the agenda, and during the public comment period for each agenda item. Identifying yourself is voluntary and not required to attend the meeting or provide comments. FLOWCHART FOR HEARING ITEMS: Mayor introduces agenda item i Mayor opens the public hearing Councilmembers report any site visits or outside communications. Staff reports and makes Councilmembers ask clarifying recommendation questions. 4 Applicant or Appellant For appeals of approvals, the makes presentation applicant may respond to (up to 8 min) appellants presentation. i Councilmembers ask questions of staff or applicant/appellant -W Mayor invites members of the public to speak about the agenda item i Mayor invites applicant/appellant to respond to public comments (2 min) i Mayor closes the public hearing i City Council vWes -an the agenda item Speakers submit a Request to Speak card, and are allowed up to 3 minutes per individual. Council members may ask questions of speakers. The Mayor may request a motion and a second after the close of the public hearing. Council then deliberates and votes. PUBLIC HEARINGS The City Council is required by law to hold public hearings on certain matters prior to making its decision. Notice to interested parties is given by legal advertisement in the local newspaper of general circulation at least 10 calendar days preceding the hearing date. Applications requiring public hearings include change of zoning, variances, use permits, and tentative maps. COUNCIL MEETINGS The City Council regularly meets the first and third Tuesdays of each month. These meetings are held at 6:45 p.m. Closed sessions, when needed, are normally held at 6:00 p.m. Closed sessions cover items such as personnel, litigation, or the sale , purchase, or lease of property. The law requires certain actions taken in closed session to be reported in open session. Urgent business, holidays, or election days may trigger special or adjourned meetings. These meetings will be noticed beforehand. AGENDAS, MINUTES, AND PACKETS AVAILABLE ON THE WEB Agendas, minutes, and packets for current and prior City Council and Planning Commission meetings are available at www.cupertino.org, or you can purchase the items on CD. CITY COUNCIL DECISION IS FINAL Prior to seeking judicial review of any adjudicatory, (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City's decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's office for more information or go to www.httD://www.cuoertino.orL,/index.as px?page=125 for a reconsideration petition form. City Council Agenda July 9, 2024 IN -PERSON AND TELECONFERENCE / PUBLIC PARTICIPATION INFORMATION Members of the public wishing to observe the meeting may do so in one of the following ways: 1) Attend in person at Cupertino Community Hall, 10350 Torre Avenue. 2) Tune to Comcast Channel 26 and AT&T U-Verse Channel 99 on your TV. 3) The meeting will also be streamed live on and online at www.Cupertino.org/youtube and www.Cupertino.org/webcast Members of the public wishing to comment on an item on the agenda may do so in the following ways: 1) Appear in person for Closed Session in City Hall, Conference Room C or for Open Session in Cupertino Community Hall. Members of the public may provide oral public comments pertaining to the agenda prior to the beginning of Closed Session and after Roll Call. Members of the public may provide oral public comments during the Open Session as follows: Oral public comments will be accepted during the meeting. Comments may be made during the public comment period for each agenda item. Members of the audience who address the City Council must come to the lectern/microphone, and are requested to complete a Speaker Card and identify themselves. Completion of Speaker Cards and identifying yourself is voluntary and not required to attend the meeting or provide comments. 2) E-mail comments for Closed Session or Open Session by 4:00 p.m. on Tuesday, July 9 to the Council at citycouncil@cupertino.org. These e-mail comments will also be forwarded to Councilmembers by the City Clerk's office before the meeting and posted to the City's website after the meeting. Members of the public that wish to share a document must email cityclerk@cupertino.org prior to the meeting. 3) Open Session Teleconferencing Instructions To address the City Council, click on the link below to register in advance and access the meeting: Online Page 2 City Council Agenda July 9, 2024 Register in advance for this webinar: https://cityofcupertino.zoom.us/webinar/register/WN_-XF72RxES7mObblcPce3lA Phone Dial: 669-900-6833 and enter Webinar ID: 928 2938 0331 (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: 928 2938 0331 SIP: 92829380331@zoomcrc.com After registering, you will receive a confirmation email containing information about joining the webinar. Please read the following instructions carefully: 1. You can directly download the teleconference software or connect to the meeting in your internet browser. If you are using your browser, make sure you are using a current and up-to-date browser: Chrome 30+, Firefox 27+, Microsoft Edge 12+, Safari 7+. Certain functionality may be disabled in older browsers, including Internet Explorer. 2. You will be asked to enter an email address and a name, followed by an email with instructions on how to connect to the meeting. Your email address will not be disclosed to the public. If you wish to make an oral public comment but do not wish to provide your name, you may enter "Cupertino Resident" or similar designation. 3. When the Mayor calls for the item on which you wish to speak, click on "raise hand," or, if you are calling in, press *9. Speakers will be notified shortly before they are called to speak. 4. When called, please limit your remarks to the time allotted and the specific agenda topic. 5. Members of the public that wish to share a document must email cityclerk@cupertino.org prior to the meeting. These documents will be posted to the City's website after the meeting. NOTICE AND CALL FOR A SPECIAL MEETING OF THE CUPERTINO CITY COUNCIL Page 3 City Council Agenda July 9, 2024 NOTICE IS HEREBY GIVEN that a special meeting of the Cupertino City Council is hereby called for Tuesday, July 09, 2024, for a Closed Session commencing at 5:00 p.m. in City Hall, Conference Room C, 10300 Torre Avenue, Cupertino, California 95014 and an Open Session at 6:45 p.m. in Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, California 95014 and via teleconference. Said special meeting shall be for the purpose of conducting business on the subject matters listed below under the heading, "Special Meeting." SPECIAL MEETING ROLL CALL - 5:00 PM 10300 Torre Avenue, Conference Room C CLOSED SESSION 1. Subject: Conference with real property negotiator pursuant to Government Code §54956.8 Property: 19400 Stevens Creek Blvd., Cupertino (APN 375 01 023) Agency Negotiator: Pamela Wu Negotiating Party: Yuki Farms Under Negotiation: Price and terms of payment RECESS OPEN SESSION ROLL CALL - 6:45 PM 10350 Torre Avenue, Community Hall and via Teleconference CLOSED SESSION REPORT CONSENT CALENDAR Items appearing on the Consent Calendar are considered routine City business and may be approved by one motion. Typical items may include meeting minutes, azvards 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: Receive the FY 2022-23 Annual Comprehensive Financial Report (ACFR) Recommended Action: Receive the FY 2022-23 Annual Comprehensive Financial Report (ACFR) Page 4 City Council Agenda July 9, 2024 Staff Report A — FY 2022-23 ACFR ACTION CALENDAR 3. Subject: Adoption of Vision Zero Action Plan Recommended Action: Adopt Resolution No. 24-070, adopting the Cupertino Vision Zero Action Plan Presenter: David Stillman, Transportation Manager Staff Report A - Draft Resolution B - Draft Vision Zero Action Plan 4. Subject: Implementation of an on -street two-way Class IV bike lane on Vista Drive and Forest Avenue (Alternative 3) along the Lawson Middle School frontage and prohibition of parking along the west side of Vista Dive between Forest Avenue and Merritt Drive for the accommodation of Class IV bicycle lanes and adoption of an Ordinance Municipal Code Table 11.24.150, relating to prohibition of parking along certain streets. Recommended Action: 1. Authorize the implementation of an on -street two-way Class IV bikeway on the west side of Vista Drive between Forest Avenue and Merritt Drive and the north side of Forest Avenue between Vista Drive (west) and Vista Drive (east) and proceed with preparation of final design. 2. Conduct the first reading of Ordinance 24-2263, "An Ordinance of the City Council of the City of Cupertino amending Table 11.24.150 of the Cupertino Municipal Code Relating to Prohibition of Parking along certain streets." Presenter: David Stillman, Transportation Manager Staff Report A - Draft Ordinance B - On -Street Two -Way Class IV Bike Lane Concept C - Lawson Middle School Bikeway Feasibility Study ADJOURNMENT Lobbyist Registration and Reporting Requirements: Individuals who influence or attempt to influence legislative or administrative action may be required by the City of Cupertino's lobbying ordinance (Cupertino Municipal Code Chapter 2.100) to register and report lobbying activity. Persons whose communications regarding any legislative or administrative are solely limited to appearing at or submitting testimony for any public meeting held by the City are not required to register as lobbyists. For more information about the lobbying ordinance, please contact the City Clerk's Office at 10300 Torre Avenue, Cupertino, CA 95014; telephone (408) 777-3223; email citjclerk@cupertino.org; and website: www.cupertino.org/lobbyist. Page 5 City Council Agenda July 9, 2024 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. 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 6 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, Housing Commission, Library Commission, Parks and Recreation Commission, Planning Commission, Public Safety Commission, Sustainability Commission, Teen Commission, and Technology, Information, and Communications Commission. Council members also serve on a variety of regional bodies, including: Association of Bay Area Governments League of California Cities Santa Clara County (SCC) Cities Association SCC Emergency Preparedness Council SCC Library District SCC Emergency Preparedness Commission Santa Clara Valley Water Commission and Water District SCC Transportation Authoritym West Valley Mayors and Managers STAFF The City Manager and the City Attorney are appointed by the Council. The City Manager is responsible for interpreting and carrying out Council policies and direction, and as the chief administrative officer, the City Manager coordinates the many activities of the city and appoints the professional and technical staff. The City Attorney is the advisor to the City Council as a whole. TYPES OF COUNCIL ACTIONS ORDINANCES Ordinances are the means by which the City enacts its local laws. Unless an urgent situation exists, ordinances will first be presented at a Council meeting as a "first reading." At a subsequent Council meeting, there will be a "second reading and adoption." Ordinances go into effect after a waiting period of thirty days, in most cases, during which time the summary of the ordinance is published in a local newspaper approved for this purpose. RESOLUTIONS Resolutions and minute orders are the means by which the City Council formally adopts policies or approves specific actions. These go into effect when adopted. APPEALS Any interested person, including a Council member, may appeal a Planning Commission or Director of Community Development decision to the City Council. An appeal must be submitted in writing to the City Clerk within 14 calendar days of the mailing of the notice of the decision. RECONSIDERATION Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City's decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's office for more information or go to www.http://www.cupertino.org/index.aspx?page=125 for a reconsideration petition form. COMMUNICATING WITH COUNCIL All Council members: citycouncil@cupertino.gov Sheila Mohan SMohan@cupertino.gov (408) 777-1326 J.R. Fruen JRFruen@cupertino.gov (408) 777-1316 Liang Chao LiangChao@cupertino.gov (408) 777-3192 Kitty Moore KittyMoore@cupertino.gov (408) 777-1389 Hung Wei HWei@cupertino.gov (408) 777-1389 Executive Assistant Debran@cupertino.gov (408) 777-3139 City Hall www.cupertino.gov (408) 777-CITY Please note: the City Council discourages submission of written materials on the day of the meeting as this does not provide enough time to give the materials fair evaluation. If you must provide written materials on the day of the meeting, as least one copy must be given to the City Clerk for the permanent record, and ten copies are preferred. NEWS AND NOTICES FROM CITY HALL EMAIL Sign up for e-notification of agendas, elections, and other news on the city website at www.cupertino.org/notify TELEVISION The City Channel broadcasts City Council and Planning Commission meetings, as well as agenda previews, public service announcements, and other programs of community interest, on Channel 26 in Cupertino. The meetings are shown at these times: Tuesday (live) 6:45 p.m. Friday (replay) 10:00 a.m. Thursday (replay) 7:00 p.m. Saturday (replay) 9:00 a.m. INTERNET City Council and Planning Commission videos are available on demand at www.cupertino.org. Select "I Want To, View City Council meetings". News and community information can also be found at: https://www.face book.com/cityofcu pe rti no/ https:Htwitter.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 STATE OF CALL 1 =S. CITY OF CUP RTINO�Aq\ AN onn 'ED TE ��;_ H- ETIN BOARD X Ci•TY !ALL. j., a SiGNiVfURjB CUPERTINO AGENDA Televised Special Meeting (5:30) and Regular City Council Meeting (6:45) Tuesday, July 2, 2024 5:30 PM 10350 Torre Avenue, Council Chamber and via Teleconference City Council SHEILA MOHAN, MAYOR I.R. FRUEN, VICE MAYOR LIANG CHAO, CO UNCILMEMBER KITTY MOORS, CO UNCILMEMBER HUNG WEI, CO UNCILMEMBER IN PERSON AND TELECONFERENCE MEETING For more information: (408) 777-3200 1 zvwzv.cupertino.gov CONDUCT OF BUSINESS The Mayor is the presiding officer of the City Council. Any member of the public may speak on any item on the agenda for up to three minutes. All statements and questions must be addressed to the Mayor. City Council hearings serve as a venue for the discussion of sometimes divergent points of view. Please respect the opinions of others and refrain from cheering or clapping. That may delay the meeting or intimidate other persons wishing to express alternate views. Actions that disrupt the meeting will result in a warning, followed by removal if disruption continues. Oral public comments will be accepted during the meeting. Comments may be made during "oral communications" for matters not on the agenda, and during the public comment period for.each agenda item. Identifying yourself is voluntary and not required- to attend the meeting or provide comments. FLOWCHART FOR HEARING ITEMS: Mayor introduces agenda item Mayor opens the public hearing *1 Councilmembers report any site visits or outside communications. Staff reports and makes Councilmembers ask clarifying recommendation questions. i Applicant or Appellant makes presentation For appeals of approvals, the applicant may respond to (up to 8 min) appellants presentation. i Councilmembers ask questions of staff or applicant/appellant i Mayor invites members of Speakers submit a Request to Speak the public to speak about card, and are allowed up to 3 minutes the agenda item per individual. Council members may questions of speakers. iask Mayor invites applicant/appellant to respond to public comments (2 min) i Mayor closes the public hearing i The Mayor may request a motion and City Council votes on a second after the close of the public the agenda Rem hearing. Council then deliberates and votes. PUBLIC HEARINGS The City Council is required by law to hold public hearings on certain matters prior to making its decision. Notice to interested parties is given by legal advertisement in the local newspaper of general circulation at least 10 calendar days preceding the hearing date. Applications requiring public hearings include change of zoning, variances, use permits, and tentative maps. COUNCIL MEETINGS The City Council regularly meets the first and third Tuesdays of each month. These meetings are held at 6:45 p.m. Closed sessions, when needed, are normally held at 6:00 p.m. Closed sessions cover items such as personnel, litigation, or the sale , purchase, or lease of property. The law requires certain actions taken in closed session to be reported in open session. Urgent business, holidays, or election days may trigger special or adjourned meetings. These meetings will be noticed beforehand. AGENDAS, MINUTES, AND PACKETS AVAILABLE ON THE WEB Agendas, minutes, and packets for current and prior City Council and Planning Commission meetings are available at www.cupertino.org, or you can purchase the items on CD. CITY COUNCIL DECISION IS FINAL Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City's decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's office for more information or go to www.httD://www.cuDertino.ore/index.as px?page=125 for a reconsideration petition form. City Council Agenda July 2, 2024 IN -PERSON AND TELECONFERENCE / PUBLIC PARTICIPATION INFORMATION Members of the public wishing to observe the meeting may do so in one of the following ways: 1) Attend in person at Cupertino Community Hall,10350 Torre Avenue. 2) Tune to Comcast Channel 26 and AT&T U-Verse Channel 99 on your TV. 3) The meeting will also be streamed live on and online at www.Cupertino.org/youtube and www.Cupertino.org/webcast Members of the public wishing to comment on an item on the agenda may do so in the following ways: 1) Appear in person at Cupertino Community Hall. 2) E-mail comments by 4:00 p.m. on Tuesday, July 2 to the Council at citycouncil@cupertino.org. These e-mail comments will also be forwarded to Councilmembers by the City Clerk's office before the meeting and posted to the City's website after the meeting. Members of the public that wish to share a document must email cityclerk@cupertino.org prior to 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. 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 Page 2 City Council Agenda July 2, 2024 Register in advance for this webinar: https:Hcityofcupertino.zoom.us/webinar/register/WN_4j-BvCSnQ5K804tKRUZwgQ Phone Dial: 669-900-6833 and enter Webinar ID: 983 7515 5185 (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: 983 7515 5185 SIP: 98375155185@zoomcrc.com After registering, you will receive a confirmation email containing information about joining the webinar. Please read the following instructions carefully: 1. You can directly download the teleconference software or connect to the meeting in your internet browser. If you are using your browser, make sure you are using a current and up-to-date browser: Chrome 30+, Firefox 27+, Microsoft Edge 12+, Safari 7+. Certain functionality may be disabled in older browsers, including Internet Explorer. 2. You will be asked to enter an email address and a name, followed by an email with instructions on how to connect to the meeting. Your email address will not be disclosed to the public. If you wish to make an oral public comment but do not wish to provide your name, you may enter "Cupertino Resident" or similar designation. 3. When the Mayor calls for the item on which you wish to speak, click on "raise hand," or, if you are calling in, press *9. Speakers will be notified shortly before they are called to speak. 4. When called, please limit your remarks to the time allotted and the specific agenda topic. 5. Members of the public that wish to share a document must email cityclerk@cupertino.org prior to the meeting. These documents will be posted to the City's website after the meeting. NOTICE AND CALL FOR A SPECIAL MEETING OF THE CUPERTINO CITY COUNCIL Page 3 City Council Agenda July 2, 2024 NOTICE IS HEREBY GIVEN that a special meeting of the Cupertino City Council is hereby called for Tuesday, July 02, 2024, commencing at 5:30 p.m. in Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, California 95014 and via teleconference. Said special meeting shall be for the purpose of conducting business on the subject matters listed below under the heading, "Special Meeting." SPECIAL MEETING ROLL CALL - 5:30 PM ACTION CALENDAR 1. Subject: Accept the Enterprise Risk Assessment Final Report and FY 2024-25 Internal Audit Work Plan Recommended Action: 1. Accept the Enterprise Risk Assessment Final Report 2. Accept the FY 2024-25 Internal Audit Work Plan Presenter: Kristina Alfaro, Director of Administrative Services Staff Report A — City of Cupertino Enterprise Risk Assessment Final Report B — FY 2024-25 Internal Audit Work Plan ADJOURNMENT REGULAR MEETING CALL TO ORDER - 6:45 PM PLEDGE OF ALLEGIANCE ROLL CALL CLOSED SESSION REPORT CEREMONIAL ITEMS 1. Subject: Recognition of July as Parks and Recreation Month Recommended Action: Recognize July as Parks and Recreation Month POSTPONEMENTS AND ORDERS OF THE DAY ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the Council on any matter within the jurisdiction of the Council and not on the agenda for discussion. The total time for Oral Communications will ordinarily be limited to one hour. Individual speakers are limited to three (3) Page 4 City Council Agenda July 2, 2024 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 2-6) 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: Approve the June 18, 2024 City Council minutes Recommended Action: Approve the June 18, 2024 City Council minutes A - Draft Minutes 3. Subject: Approve the June 19, 2024 City Council minutes Recommended Action: Approve the June 19, 2024 City Council minutes A - Draft Minutes 4. Subject: Second reading of Municipal Code Amendments to Chapter 19.48 (Fences), Chapter 19.12 (Administration), and Chapter 19.08 (Definitions) and related CEQA exemption. (Application No.: MCA-2024-001; Applicant: City of Cupertino; Location: Citywide) Recommended Action: Conduct the second reading and enact Ordinance No. 24-2260: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO TO AMEND MUNICIPAL CODE CHAPTER 19.08, CHAPTER 19.12, AND CHAPTER 19.48 REGARDING FENCES", which includes a finding to find the actions exempt from CEQA. Staff Report A - Draft Ordinance No. 24-2260 5. Subject: Status update for prior Internal Audit Work Plans in Fiscal Year (FY) 2021-22 and FY 2022-23 Recommended Action: Receive status update report for prior Internal Audit Work Plans in FY 2021-22 and FY 2022-23 Page 5 City Council Agenda July 2, 2024 Staff Report A — Procurement Operational Review - Audit Recommendation Update B — Fiscal Policy Inventory & Gap Analysis - Audit Recommendation Update C — Capital Program Effectiveness - Audit Recommendation Update D — Fraud, Waste, and Abuse Program - Audit Recommendation Update E — Budget Process Review - Audit Recommendation Update F — Enterprise Leadership Assessment - Audit Recommendation Update G — Library Expansion Construction - Audit Recommendation Update 6. Subject: Bridge Preventative Maintenance Program construction contract. Recommended Action: 1. Award a construction contract for the Bridge Preventative Maintenance Program in the amount of $1,647,475 with American Civil Constructors West Coast LLC.; 2. Authorize the City Manager to execute the construction contract; 3. Authorize the Director of Public Works to execute any necessary change orders up to a construction contingency amount of $164,750 (10%) for a total contract amount of $1,812,225; and 4. Adopt Resolution No. 24-066 approving budget modification #2425-347, approving an appropriation of $300,000 in the Transportation Fund (270) for the project (budget unit 270-90-960) and a transfer of $300,000 from the Capital Reserve Fund (429) to the Transportation Fund (270). Staff Report A - Draft Contract B - Draft Resolution PUBLIC HEARINGS 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 planningCcupertino.org. Plans will also be made available digitally during the hearing to consider the proposal. 7. Subject: Municipal Code Text, Specific Plan, Below Market Rate Mitigation Manual and Zoning Map Amendments related to implementing the 6th Cycle Housing Element (Application No.(s): MCA-2023-001, SPA-2023-001, CP-2024-002, Z-2024-001, EA-2024-001; Applicant: City of Cupertino; Location: city-wide) Page 6 City Council Agenda July 2, 2024 Recommended Action: That the City Council take the following actions for consistency with the 6th Cycle Housing Element, and minor edits for clarity and compliance with State law, as follows: 1. Conduct the first reading of Ordinance No. 24-2261 "An Ordinance of the City Council of the City Of Cupertino Amending Various Chapters in Title 14, Title 17 And Title 19, Including But Not limited to the Addition of Three New Chapters in Title 19, to Implement Policies in the General Plan and for Clarity" (Attachment A) as further described in the staff report; and 2. Adopt Resolution No. 24-067 approving amendments to the Heart of the City Specific Plan and the Below Market Rate Housing Mitigation Manual to allow implementation of the Housing Element and meet the requirements of State Law (Attachment B): and 3. Conduct the first reading of Ordinance No. 24-2262 "An Ordinance of the City Council of the City of Cupertino Rezoning Certain Sites in the City for Conformance with General Plan and Housing Element" (Attachment C) to reflect changes to Priority Housing Sites and other minor changes for internal consistency. Presenters: Luke Connolly, Assistant Director of Community Development and Piu Ghosh, Planning Manager Staff Report A - MCA Draft Ordinance B - SPA and CP Draft Resolution C - Z Map Draft Ordinance D - Letter from Cupertino for All dated 6.18.2024 ACTION CALENDAR 8. Subject: Review Lawrence-Mitty Park and Trail Project Final conceptual Design and consider the proposed Initial Study/Mitigated Negative Declaration Recommended Action: 1. Adopt Resolution No. 24-068, adopting Lawrence-Mitty Park and Trail Project's Initial Study/Mitigated Negative Declaration; and 2. Approve the Lawrence-Mitty Park and Trail Project Final Conceptual Design Presenter: Susan Michael, Capital Improvement Programs Manager Staff Report A - Draft Resolution B - Conceptual Plan Report C - Draft ISMND and Appendices D - Final Memo and Response to Comments E - PC RES-2024-06 Lawrence-Mitty General Plan Consistency F - PC RES 2024-07 Lawrence-Mitty IS-MND G - SCVAS Support Lawrence-Mitty 06-06-24 H - 01-17-2023 Council Staff Report 9. Subject: Repeal of the existing General Plan Amendment (GPA) Authorization procedure and process Page 7 City Council Agenda July 2, 2024 Recommended Action: Adopt Resolution No. 24-069 (Attachment A) repealing the existing General Plan Amendment Authorization procedure and process and rescinding Resolution 15-078 Presenter: Benjamin Fu, Director of Community Development Staff Report A - Draft Resolution B - City Council Resolution 15-078 C - Flowchart indicating GPA Authorization Process D - GPA Authorization projects since 2015 E - List of cities with GPA initiation/screening/authorization procedures ITEMS REMOVED FROM THE CONSENT CALENDAR CITY MANAGER REPORT ORAL COMMUNICATIONS - CONTINUED COUNCILMEMBER REPORTS 10. Subject: Councilmember Reports A - Councilmember Report, Chao B - Councilmember Report, Fruen C - Councilmember Report, Mohan D - Councilmember Report, Moore E - Councilmember Report, Wei FUTURE AGENDA ITEMS ADJOURNMENT Lobbyist Registration and Reporting Requirements: Individuals who influence or attempt to influence legislative or administrative action may be required by the City of Cupertino's lobbying ordinance (Cupertino Municipal Code Chapter 2.100) to register and report lobbying activity. Persons whose communications regarding any legislative or administrative are solely limited to appearing at or submitting testimony for any public meeting held by the City are not required to register as lobbyists. For more information about the lobbying ordinance, please contact the City Clerk's Office at 10300 Torre Avenue, Cupertino, CA 95014, telephone (408) 777-3223; email cityclerk@cupertino.org, and website: www.cupertino.org/lobbyist. The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6; litigation challenging a final decision of the City Council must be brought within 90 days after a decision is announced unless a shorter time is required by State or Federal law. Prior to seeking judicial review of any adjudieatory (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 Page 8 City Council Agenda July 2, 2024 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://wurw.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 NOTICE: Please be advised that pursuant to Cupertino Municipal Code section 2.08.100 written communications sent to the Cupertino City Council, Commissioners or City staff concerning a matter on the agenda are included as supplemental material to the agendized item. These written communications are accessible to the public through the City's website and kept in packet archives. Do not include any personal or private information in written communications to the City that you do not wish to make public, as written communications are considered public records and will be made publicly available on the City website. Page 9 THE CITY COUNCIL AND STAFF CITY COUNCIL Cupertino is a General Law city organized under and subject to statutes of the State of California. It is governed by the five -member City Council with the Mayor as the presiding officer. City Council members are elected at -large to four-year, overlapping terms. Each November a mayor and a vice -mayor are selected by the City Council for a one- 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, Housing Commission, Library Commission, Parks and Recreation Commission, Planning Commission, Public Safety Commission, Sustainability Commission, Teen Commission, and Technology, Information, and Communications Commission. Council members also serve on a variety of regional bodies, including: Association of Bay Area Governments League of California Cities Santa Clara County (SCC) Cities Association SCC Emergency Preparedness Council SCC Library District SCC Emergency Preparedness Commission Santa Clara Valley Water Commission and Water District SCC Transportation Authoritym West Valley Mayors and Managers STAFF The City Manager and the City Attorney are appointed by the Council. The City Manager is responsible for interpreting and carrying out Council policies and direction, and as the chief administrative officer, the City Manager coordinates the many activities of the city and appoints the professional and technical staff. The City Attorney is the advisor to the City Council as a whole. TYPES OF COUNCIL ACTIONS ORDINANCES Ordinances are the means by which the City enacts its local laws. Unless an urgent situation exists, ordinances will first be presented at a Council meeting as a "first reading." At a subsequent Council meeting, there will be a "second reading and adoption." Ordinances go into effect after a waiting period of thirty days, in most cases, during which time the summary of the ordinance is published in a local newspaper approved for this purpose. RESOLUTIONS Resolutions and minute orders are the means by which the City Council formally adopts policies or approves specific actions. These go into effect when adopted. APPEALS Any interested person, including a Council member, may appeal a Planning Commission or Director of Community Development decision to the City Council. An appeal must be submitted in writing to the City Clerk within 14 calendar days of the mailing of the notice of the decision. RECONSIDERATION Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City's decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's office for more information or go to www.http://www.cupertino.org/index.aspx?page=125 for a reconsideration petition form. COMMUNICATING WITH COUNCIL All Council members: citycouncil@cupertino.gov Sheila Mohan SMohan@cupertino.gov (408) 777-1326 J.R. Fruen JRFruen@cupertino.gov (408) 777-1316 Liang Chao LiangChao@cupertino.gov (408) 777-3192 Kitty Moore KittyMoore@cupertino.gov (408) 777-1389 Hung Wei HWei@cupertino.gov (408) 777-1389 Executive Assistant Debran@cupertino.gov (408) 777-3139 City Hall www.cupertino.gov (408) 777-CITY Please note: the City Council discourages submission of written materials on the day of the meeting as this does not provide enough time to give the materials fair evaluation. If you must provide written materials on the day of the meeting, as least one copy must be given to the City Clerk for the permanent record, and ten copies are preferred. NEWS AND NOTICES FROM CITY HALL EMAIL Sign up for e-notification of agendas, elections, and other news on the city website at www.cupertino.org/notify TELEVISION The City Channel broadcasts City Council and Planning Commission meetings, as well as agenda previews, public service announcements, and other programs of community interest, on Channel 26 in Cupertino. The meetings are shown at these times: Tuesday (live) 6:45 p.m. Friday (replay) 10:00 a.m. Thursday (replay) 7:00 p.m. Saturday (replay) 9:00 a.m. INTERNET City Council and Planning Commission videos are available on demand at www.cupertino.org. Select "I Want To, View City Council meetings". News and community information can also be found at: https://www.facebook.com/cityofcupertino/ https:Htwitter.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) Fire (Emergency) Fire (Non -Emergency ) Garbage Gas & Electricity Recreation & Community Services Police (Emergency) Police (Non -Emergency) Public Health Sanitary Sewers Water General Information and Comments (408) 777-CITY Santa Clara County Fire Dept. dispatch 911 Santa Clara County Fire Dept. (408) 378-4010 Recology South Bay (408) 725-4020 Pacific Gas & Electric (PG&E) 1-800-743-5000 Quinlan Community Center (408) 777-3120 Santa Clara County Sheriff dispatch 911 Santa Clara County Sheriff (408) 868-6600 Santa Clara County Public Health (408) 732-3720 Cupertino Sanitary District (408) 253-7071 San Jose Water (408) 279-7900 California Water (650) 917-0152 CITY OF CUPERTINO AGENDA CITY COUNCIL CUPERTINO 10350 Torre Avenue, Council Chamber - Wednesday, June 26, 2024 . 5:30 PM (v2/7`� T--; , --- - - - Special Meeting (Teen Commission Interviews) 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 26, 2024, commencing at 5:30 p.m. in Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, California 95014. Said special meeting shall be for the purpose of conducting business on the subject matters listed below under the heading, "Special Meeting." SPECIAL MEETING ROLL CALL COMMISSION INTERVIEWS 1. Subject: Teen Commission Interviews Recommended Action: Conduct Teen Commission interviews and make appointments for four vacancies A - Interview Schedule (Tune 26) B - Ordinance No. 18-2181 to Establish the Teen Commission C - Commission Diversity Resolution D - Powers and Functions of the Teen Commission E - Current Teen Commission F - Commission Attendance Report G - Sample Questions H - 8th Grade Applications I - 9th Grade Applications T - loth Grade Applications K - 11 th Grade Applications 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 Page 1 City Council Agenda June 26, 2024 communications regarding any legislative or administrative are solely limited to appearing at or submitting testimony for any public meeting held by the City are not required to register as lobbyists. For more information about the lobbying ordinance, please contact the City Clerk's Office at 10300 Torre Avenue, Cupertino, CA 95014, telephone (408) 777-3223; email cityclerk@cupertino.org; and website: www.cupertino.org/lobbyist. The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6; litigation challenging a final decision of the City Council must be brought within 90 days after a decision is announced unless a shorter time is required by State or Federal law. Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City's decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's office for more information or go to http://www.cupertino.org/cityclerk for a reconsideration petition form. In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend this meeting who is visually or hearing impaired or has any disability that needs special assistance should call the City Clerk's Office at 408-777-3223, at least 48 hours in advance of the meeting to arrange for assistance. In addition, upon request, in advance, by a person with a disability, meeting agendas and writings distributed for the meeting that are public records will be made available in the appropriate alternative format. Any writings or documents provided to a majority of the Cupertino City Council after publication of the packet will be made available for public inspection in the City Clerk's Office located at City Hall, 10300 Torre Avenue, Cupertino, California 95014, during normal business hours; and in Council packet archives linked from the agenda/minutes page on the Cupertino web site. IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipal Code section 2.08.100 written communications sent to the Cupertino City Council, Commissioners or City staff concerning a matter on the agenda are included as supplemental material to the agendized item. These written communications are accessible to the public through the City's website and kept in packet archives. Do not include any personal or private information in written communications to the City that you do not wish to make public, as written communications are considered public records and will be made publicly available on the City website. Page 2 CITY OF CUPERTINO AGENDA c CUPERTINO CITY COUNCIL 10350 Torre Avenue, Council Chamber Thursday, June 27, 2024-, Ti i 5:30 PM BLJLLE"I7N Special Meeting (Teen Commissionrvi , — - - e r;1 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, June 27, 2024, commencing at 5:30 p.m. in Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, California 95014. Said special meeting shall be for the purpose of conducting business on the subject matters listed below under the heading, "Special Meeting." SPECIAL MEETING ROLL CALL COMMISSION INTERVIEWS 1. Subject: Teen Commission Interviews Recommended Action: Conduct Teen Commission interviews and make appointments for four vacancies A - Interview Schedule (Tune 27) B - Ordinance No. 18-2181 to Establish the Teen Commission C - Commission Diversity Resolution D - Powers and Functions of the Teen Commission E- Current Teen Commission F - Commission Attendance Report G - Sample Questions H - 8th Grade Applications I - 9th Grade Applications I - loth Grade Applications K -11th Grade Applications ADJOURNMENT Lobbyist Registration and Reporting Requirements: Individuals zuho 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 Page 1 City Council Agenda June 27, 2024 communications regarding any legislative or administrative are solely limited to appearing at or submitting testimony for any public meeting held by the City are not required to register as lobbyists. For more information about the lobbying ordinance, please contact the City Clerk's Office at 10300 Torre Avenue, Cupertino, CA 95014, telephone (408) 777-3223; email cityclerk@cupertino.org; and website: www.cupertino.org/lobbyist. The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6; litigation challenging a final decision of the City Council must be brought within 90 days after a decision is announced unless a shorter -time is required by State or Federal law. Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City's decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's office for more information or go to http://zuwzv.cupertino.orglcitttclerk for a reconsideration petition form. In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend this meeting who is visually or hearing impaired or has any disability that needs special assistance should call the City Clerk's Office at 408-777-3223, at least 48 hours in advance of the meeting to arrange for assistance. In addition, upon request, in advance, by a person with a disability, meeting agendas and writings distributed for the meeting that are public records will be made available in the appropriate alternative format. Any writings or documents provided to a majority of the Cupertino City Council after publication of the packet will be made available for public inspection in the City Clerk's Office located at City Hall, 10300 Torre Avenue, Cupertino, California 95014, during normal business hours; and in Council packet archives linked from the agenda/minutes page on the Cupertino web site. IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipal Code section 2.08.100 written communications sent to the Cupertino City Council, Commissioners or City staff concerning a matter on the agenda are included as supplemental material to the agendiaed 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 2 STNI-E OF CALIF(1 "TA CITY OF CUP-ERTINO ) SS. C 0UNTY OF \:,. AN AGENT? P! C)YLE OF'I- ;! "[TY OF CI -'Pi= O C U P E RT I N O CITY COUNCIL S f'A I I] + P L- N /\ LI' Y OF PL[:.;tJRYTHA`()r i`') J i(IM �?, N. y 10300 Torre Avenue, City 11417 C&if�erence Room C' �,�a : r" ; �% r ; ; Wednesday, Jurle 19 2024 ! I E I\ L `�C; L?`: I�).,1 O'."�! 'f ! ! I 4:00 PNY(HLETIN BOARD \C CITY F1ALL.. Non -Televised Special Mee"1 10osed Session) S I G NAT U R E 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 19, 2024, commencing at 4:00 p.m. in City Hall, Conference Room C,10300 Torre Avenue, Cupertino, California 95014. Said special meeting shall be for the purpose of conducting business on the subject matters listed below under the heading, "Special Meeting." SPECIAL MEETING ROLL CALL CLOSED SESSION 1. Subject: Conference with real property negotiator pursuant to Government Code § 54956.8 Property: 19400 Stevens Creek Blvd., Cupertino (APN 375 01 023) Agency Negotiator: Pamela Wu (Appointment Pending) Negotiating Party: Yuki Farms Under Negotiation: Price and terms of payment 2. Subject: Conference with legal counsel - anticipated litigation: significant exposure to litigation pursuant to Government Code § 54956.9(b) (one case) OPEN SESSION REPORT REGARDING CLOSED SESSION ADJOURNMENT Lobbyist Registration and Reporting Requirements: Individuals zvho 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 zvhose 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. Page 1 City Council Agenda June 19, 2024 For more information about the lobbying ordinance, please contact the City Clerk's Office at 10300 Torre Avenue, Cupertino, CA 95014, telephone (408) 777-3223; email cityclerk@cupertino.org, and website: www.cupertino.org/lobbyist. The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6; litigation challenging a final decision of the City Council must be brought within 90 days after a decision is announced unless a shorter time is required by State or Federal law. Prior to seeking judicial review of any---adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City's decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's office for more information or go to http://www.cupertino.org/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 6 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 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 SS. CITY OF CUPERTIN'TI NA O_Gl = I't_TZ.►L�RY'III,�1I' �;. i.�:! I-) �P�3_ � P S I-ED THE NA' MIRIEWARJUETIN I3OArti L) AT ,A. i Y CUPERTINO AGENDA Televised Regular Meeting (6:45) Tuesday, June 18, 2024 6:45 PM 10350 Torre Avenue, Council Chamber and via Teleconference City Council SHEILA MOHAN, MAYOR J.R. FRUEN, VICE MAYOR LIANG CHAO, COUNCILMEMBER KITTY MOORE, COUNCILMEMBER HUNG WEI, COUNCILMEMBER IN PERSON AND TELECONFERENCE MEETING For more information: (408) 777-3200 1 www.cnpertino.gov CONDUCT OF BUSINESS The Mayor is the presiding officer of the City Council. Any member of the public may speak on any item on the agenda for up to three minutes. All statements and questions must be addressed to the Mayor. City Council hearings serve as a venue for the discussion of sometimes divergent points of view. Please respect the opinions of others and refrain from cheering or clapping. That may delay the meeting or intimidate other persons wishing to express alternate views. Actions that disrupt the meeting will result in a warning, followed by removal if disruption continues. Oral public comments will be accepted during the meeting. Comments may be made during "oral communications" for matters not on the agenda, and during the public comment period for each agenda item. Identifying yourself is voluntary and not required to attend the meeting or provide comments. FLOWCHART FOR HEARING ITEMS: Mayor introduces agenda item ( Mayor opens the public hearing ) 41 Councilmembers report any site visits or outside communications. i Staff reports and makes Councilmembers ask clarifying recommendation questions. 4 Applicant or Appellant For appeals of approvals, the makes presentation applicant may respond to (up to S min) appellants presentation. i Councilmembers ask questions of staff or applicant/appellant i Mayor invites members of Speakers submit a Request to Speak the public to speak about card, and are allowed up to 3 minutes the agenda item per individual. Council members may ask questions of speakers. i Mayor invites applicant/appellant to respond to public comments (2 min) Mayor closes the public hearing i City Council votes on the agenda item The Mayor may request a motion and a second after the close of the public hearing. Council then deliberates and votes. PUBLIC HEARINGS The City Council is required by law to hold public hearings on certain matters prior to making its decision. Notice to interested parties is given by legal advertisement in the local newspaper of general circulation at least 10 calendar days preceding the hearing date. Applications requiring public hearings include change of zoning, variances, use permits, and tentative maps. COUNCIL MEETINGS The City Council regularly meets the first and third Tuesdays of each month. These meetings are held at 6:45 p.m. Closed sessions, when needed, are normally held at 6:00 p.m. Closed sessions cover items such as personnel, litigation, or the sale , purchase, or lease of property. The law requires certain actions taken in closed session to be reported in open session. Urgent business, holidays, or election days may trigger special or adjourned meetings. These meetings will be noticed beforehand. AGENDAS, MINUTES, AND PACKETS AVAILABLE ON THE WEB Agendas, minutes, and packets for current and prior City Council and Planning Commission meetings are available at www.cupertino.org, or you can purchase the items on CD. CITY COUNCIL DECISION IS FINAL Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City's decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's office for more information or go to www.htto://www.cui)ertino.ore/index.as px?paee=125 for a reconsideration petition form. City Council Agenda June 18, 2024 IN -PERSON AND TELECONFERENCE / PUBLIC PARTICIPATION INFORMATION Members of the public wishing to observe the meeting may do so in one of the following ways: 1) Attend in person at Cupertino Community Hall, 10350 Torre Avenue. 2) Tune to Comcast Channel 26 and AT&T U-Verse Channel 99 on your TV. 3) The meeting will also be streamed live on and online at www.Cupertino.org/youtube and www.Cupertino.org/webcast Members of the public wishing to comment on an item on the agenda may do so in the following ways: 1) Appear in person at Cupertino Community Hall. 2) E-mail comments by 4:00 p.m. on Tuesday, June 18 to the Council at citycouncil@cupertino.org. These e-mail comments will also be forwarded to Councilmembers by the City Clerk's office before the meeting and posted to the City's website after the meeting. Members of the public that wish to share a document must email cityclerk@cupertino.org prior to the meeting. 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. 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 Page 2 City Council Agenda June 18, 2024 Register in advance for this webinar: https:Hcityofcupertino.zoom.us/webinar/register/WN_sfL5L8FEQTuXOlFxi2pTSw Phone Dial: 669-900-6833 and enter Webinar ID: 959 8830 1535 (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: 959 88301535 SIP: 95988301535@zoomcrc.com After registering, you will receive a confirmation email containing information about joining the webinar. Please read the following instructions carefully: 1. You can directly download the teleconference software or connect to the meeting in your internet browser. If you are using your browser, make sure you are using a current and up-to-date browser: Chrome 30+, Firefox 27+, Microsoft Edge 12+, Safari 7+. Certain functionality may be disabled in older browsers, including Internet Explorer. 2. You will be asked to enter an email address and a name, followed by an email with instructions on how to connect to the meeting. Your email address will not be disclosed to the public. If you wish to make an oral public comment but do not wish to provide your name, you may enter "Cupertino Resident" or similar designation. 3. When the Mayor calls for the item on which you wish to speak, click on "raise hand," or, if you are calling in, press *9. Speakers will be notified shortly before they are called to speak. 4. When called, please limit your remarks to the time allotted and the specific agenda topic. 5. Members of the public that wish to share a document must email cityclerk@cupertino.org prior to the meeting. These documents will be posted to the City's website after the meeting. Page 3 City Council Agenda June 18, 2024 CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL CLOSED SESSION REPORT CEREMONIAL ITEMS 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 1-12) 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. 1. Subject: Approval of the June 4, 2024 City Council minutes Recommended Action: Approve the June 4, 2024 City Council minutes A - Draft Minutes 2. Subject: A resolution calling for a consolidated General Municipal Election on November 5, 2024 to fill two City Council seats and requesting election services from the Santa Clara County Registrar of Voters Page 4 City Council Agenda June 18, 2024 Recommended Action: Adopt Resolution No. 24-057 calling for a consolidated General Municipal Election on November 5, 2024 to fill two City Council seats and requesting performance of services from the Registrar of Voters of the County of Santa Clara Staff Report A - Draft Resolution B — 2024 Election Calendar C - Election Cost Estimate 3. Subject: Ratifying Accounts Payable for the periods ending May 3, 2024; May 10, 2024; May 17, 2024; May 24, 2024; and May 31, 2024 Recommended Action: A. Adopt Resolution No. 24-058 ratifying Accounts Payable for the Period ending May 3, 2024; B. Adopt Resolution No. 24-059 ratifying Accounts Payable for the Period ending May 10, 2024; C. Adopt Resolution No. 24-060 ratifying Accounts Payable for the Period ending May 17, 2024; D. Adopt Resolution No. 24-061 ratifying Accolmts Payable for the Period ending May 24, 2024; and E. Adopt Resolution No. 24-062 ratifying AccoLmts Payable for the Period ending May 31, 2024 Staff report A — Draft Resolution 5.3.24 B — Weekly AP Payment Register for the Period Ending 5.3.24 C — Draft Resolution 5.10.24 D — Weekly AP Payment Register for the Period Ending 5.10.24 E — Draft Resolution 5.17.24 F — Weekly AP Payment Register for the Period Ending 5.17.24 G — Draft Resolution 5.24.24 H — Weekly AP Payment Register for the Period Ending 5.24.24 I — Draft Resolution 5.31.24 1— Weekly AP Payment Register for the Period Ending 5.31.24 4. Subject: Adopt a Resolution to request the Metropolitan Transportation Commission (MTC) allocate Fiscal Year (FY) 2024/2025 Transportation Development Act Article 3 (TDA 3) Pedestrian/Bicycle Project Funding in the amount of $330,000 for the development of a Citywide Active Transportation Plan. Recommended Action: Adopt Resolution No. 24-063 (Attachment A), to request the Metropolitan Transportation Commission allocation of FY 2024-2025 Transportation Development Act Article 3 Pedestrian/Bicycle Project funding for the development of an Active Transportation Plan. Staff Report A - Draft Resolution Page 5 City Council Agenda June 18, 2024 5. Subject: Award a construction contract for 2024 Pavement Maintenance Phase 1 Project to G. Bortolotto & Co. for asphalt mill & fill and patching on identified roadways throughout the City of Cupertino in the amount of $2,662,786. Recommended Action: 1. Award a construction contract for the 2024 Pavement Maintenance Phase 1 project (project number 2024-101) in the amount of $2,662,786 to G. Bortolotto & Co. 2. Authorize the City Manager to execute the construction contract when all conditions have been met; and 3. Authorize the Director of Public Works to execute any necessary change orders up to a construction contingency amount of $266,279 (10%) for a total contract amount of $2,929,065. Staff Report A - Draft Contract B - Location List C - Location Map 6. Subject: Approve a first amendment with All City Management Services, Inc. (ACMS) to provide crossing guard services for a total not -to -exceed amount of $1,688,800 extending the agreement date to June 30, 2026, and approve a budget modification in the amount of $78,707. Recommended Action: 1. Authorize the City Manager to execute a First Amendment with All City Management Services, Inc. (ACMS) to continue to provide Crossing Guard Services, increasing the contract amount by $785,000 for a total not to exceed amount of $1,688,800 and extending the agreement date to June 30, 2026. 2. Adopt Resolution No. 24-064 approving budget modification #2324-304 and a budget adjustment in the amount of $78,707 in the General Fund for Fiscal Year 2024-2025 crossing guard services (100-88-846 700-709). Staff Retort A - Draft Contract B - Draft Resolution 7. Subject: Approve a First Amendment with Dan Gertmenian to provide educational classes and educational events for a total not -to -exceed amount of $879,348 and extending the contract date to August 31, 2025. Recommended Action: Authorize the City Manager to execute a First Amendment with Dan Gertmenian, increasing the amount by $106,305 for a total contract amount not to exceed $879,348 and extending the term of the agreement to August 31, 2025. Staff Report A - Dan Gertmenian Agreement B - Draft First Amendment 8. Subject: Award an agreement to Cascadia Consulting Group, Inc. for waste characterization services in an amount not to exceed $223,466. Page 6 City Council Agenda June 18, 2024 Recommended Action: Authorize the City Manager to execute an agreement with Cascadia Consulting Group, Inc. for waste characterization services in an amount not to exceed $223,466. Staff Report A - Draft Agreement 9. Subject: Minor correction to amendment to MIG, Inc. Design Professional Agreement approved at the June 4 City Council meeting to increase not -to -exceed amount of contract by $45,000, to amount of $512,411. Recommended Action: Approve the corrected not -to -exceed total agreement amotmt as outlined in the draft amendment to the MIG, Inc. Design Professional Agreement. Staff Report A - Draft Agreement Amendment - MIG, Inc. (6-4-2024 attachment) 10. Subject: Termination of loan agreement between the City of Cupertino and the Pacific Autism Center for Education Recommended Action: Authorize the City Manager to terminate a loan agreement between the City of Cupertino and the Pacific Autism Center for Education pursuant to a settlement agreement between the parties, in consideration for a payment of $50,000 into the City's BMR fund Staff Report A - Loan Agreement B - Settlement Agreement 11. Subject: Sale of city -owned property at 10301 Byrne Avenue Recommended Action: 1. Adopt Resolution No. 24-065 authorizing the sale of surplus real property located at 10301 Byrne Avenue, Cupertino, California. (Attachment A) 2. Approve a deed restriction substantially similar to Attachment B in compliance with the State Surplus Land Act for the property, to be completed prior to the close of escrow. 3. Authorize the City Manager to execute sales agreements (Attachment C) and related documents for the property at 10301 Byrne Avenue with Zhao Han. Staff Resort A - Draft Resolution B - Draft Deed Restriction C - Sales Agreement 12. Subject: Consider acquisition of property located at 19400 Stevens Creek Blvd, and appointment of real property negotiator for acquisition of property Recommended Action: Appoint City Manager Pamela Wu as real property negotiator for acquisition of property located at 19400 Stevens Creek Blvd PUBLIC HEARINGS Page 7 City Council Agenda June 18, 2024 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. 13. Subject: Proposed Municipal Code Amendments to Chapter 19.48 (Fences), Chapter 19.12 (Administration), and Chapter 19.08 (Definitions) and related CEQA exemption. (Application No.: MCA-2024-001; Applicant: City of Cupertino; Location: Citywide) Recommended Action: Conduct the first reading of Ordinance No. 24-2260: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO TO AMEND MUNICIPAL CODE CHAPTER 19.08, CHAPTER 19.12, AND CHAPTER 19.48 REGARDING FENCES, which includes a finding to find the actions exempt from CEQA Presenter: Emi Sugiyama, Associate Planner Staff Report A - Draft Ordinance B - Redlined and Annotated Ordinance ACTION CALENDAR 14. Subject: Future agenda items requested by City Councilmembers ("TBD List") Recommended Action: Review the TBD list and modify the list as recommended below Presenter: Pamela Wu, City Manager Staff Report ITEMS REMOVED FROM THE CONSENT CALENDAR CITY MANAGER REPORT ORAL COMMUNICATIONS - CONTINUED COUNCILMEMBER REPORTS 15. Subject: Councilmember Reports A - Councilmember Report, Fruen B - Councilmember Report, Mohan C - Councilmember Report, Moore D - Cotmcitmember Report, Wei FUTURE AGENDA ITEMS ADJOURNMENT Lobbyist Registration and Reporting Requirements: Individuals who influence or attempt to influence Page 8 City Council Agenda June 18, 2024 legislative or administrative action may be required by the City of Cupertino's lobbying ordinance (Cupertino Municipal Code Chapter 2.100) to register and report lobbying activity. Persons whose communications regarding any legislative or administrative are solely limited to appearing at or submitting testimony for any public meeting held by the City are not required to register as lobbyists. For more information about the lobbying ordinance, please contact the City Clerk's Office at 10300 Torre Avenue, Cupertino, CA 95014, telephone (408) 777-3223; email cihjclerk@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://wzvw.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 NOTICE: Please be advised that pursuant to Cupertino Municipal Code section 2.08.100 written communications sent to the Cupertino City Council, Commissioners or City staff concerning a matter on the agenda are included as supplemental material to the agendized item. These written communications are accessible to the public through the City's website and kept in packet archives. Do not include any personal or private information in written communications to the City that you do not wish to make public, as written communications are considered public records and will be made publicly available on the City website. Page 9 THE CITY COUNCIL AND STAFF CITY COUNCIL Cupertino is a General Law city organized under and subject to statutes of the State of California. It is governed by the five -member City Council with the Mayor as the presiding officer. City Council members are elected at -large to four-year, overlapping terms. Each November a mayor and a vice -mayor are selected by the City Council for a one- 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, Housing Commission, Library Commission, Parks and Recreation Commission, Planning Commission, Public Safety Commission, Sustainability Commission, Teen Commission, and Technology, Information, and Communications Commission. Council members also serve on a variety of regional bodies, including: Association of Bay Area Governments League of California Cities Santa Clara County (SCC) Cities Association SCC Emergency Preparedness Council SCC Library District SCC Emergency Preparedness Commission Santa Clara Valley Water Commission and Water District SCC Transportation Authoritym West Valley Mayors and Managers STAFF The City Manager and the City Attorney are appointed by the Council. The City Manager is responsible for interpreting and carrying out Council policies and direction, and as the chief administrative officer, the City Manager coordinates the many activities of the city and appoints the professional and technical staff. The City Attorney is the advisor to the City Council as a whole. TYPES OF COUNCIL ACTIONS ORDINANCES Ordinances are the means by which the City enacts its local laws. Unless an urgent situation exists, ordinances will first be presented at a Council meeting as a "first reading." At a subsequent Council meeting, there will be a "second reading and adoption." Ordinances go into effect after a waiting period of thirty days, in most cases, during which time the summary of the ordinance is published in a local newspaper approved for this purpose. RESOLUTIONS Resolutions and minute orders are the means by which the City Council formally adopts policies or approves specific actions. These go into effect when adopted. APPEALS Any interested person, including a Council member, may appeal a Planning Commission or Director of Community Development decision to the City Council. An appeal must be submitted in writing to the City Clerk within 14 calendar days of the mailing of the notice of the decision. RECONSIDERATION Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City's decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's office for more information or go to www.http://www.cupertino.org/index.aspx?page=125 for a reconsideration petition form. COMMUNICATING WITH COUNCIL All Council members citycouncil@cupertino.gov Sheila Mohan SMohan@cupertino.gov (408) 777-1326 J.R. Fruen JRFruen@cupertino.gov (408) 777-1316 Liang Chao LiangChao@cupertino.gov (408) 777-3192 Kitty Moore KittyMoore@cupertino.gov (408) 777-1389 Hung Wei HWei@cupertino.gov (408) 777-1389 Executive Assistant Debran@cupertino.gov (408) 777-3139 City Hall www.cupertino.gov (408) 777-CITY Please note: the City Council discourages submission of written materials on the day of the meeting as this does not provide enough time to give the materials fair evaluation. If you must provide written materials on the day of the meeting, as least one copy must be given to the City Clerk for the permanent record, and ten copies are preferred. NEWS AND NOTICES FROM CITY HALL EMAIL Sign up for e-notification of agendas, elections, and other news on the city website at www.cupertino.org/notify TELEVISION The City Channel broadcasts City Council and Planning Commission meetings , as well as agenda previews, public service announcements, and other programs of community interest, on Channel 26 in Cupertino. The meetings are shown at these times: Tuesday (live) 6:45 p.m. Friday (replay) 10:00 a.m. Thursday (replay) 7:00 p.m. Saturday (replay) 9:00 a.m. INTERNET City Council and Planning Commission videos are available on demand at www.cupertino.org. Select "I Want To, View City Council meetings". News and community information can also be found at: https://www.facebook.com/cityofcupertino/ https://twitter.com/CityofCupertino https://www.instagram.com/cityofcupertino AUDIO Tune into Radio Cupertino, 1670 AM, for meeting announcements, public service messages, and emergency announcements. USEFUL TELEPHONE NUMBERS City of Cupertino (City Hall) General Information and Comments (408) 777-CITY Fire (Emergency) Santa Clara County Fire Dept. dispatch 911 Fire (Non -Emergency) Santa Clara County Fire Dept. (408) 378-4010 Garbage Recology South Bay (408) 725-4020 Gas & Electricity Pacific Gas & Electric (PG&E) 1-800-743-5000 Recreation & Community Quinlan Community Center (408) 777-3120 Services Police (Emergency) Santa Clara County Sheriff dispatch 911 Police (Non -Emergency) Santa Clara County Sheriff (408) 868-6600 Public Health Santa Clara County Public Health (408) 732-3720 Sanitary Sewers Cupertino Sanitary District (408) 253-7071 Water San Jose Water (408) 279-7900 California Water (650) 917-0152 CITY OF CUPERTFNO _ CUPERTINO AGENDA Non -Televised Closed Session (6:00) and Televised Open Session Regular Meeting (6:45) Tuesday, June 4, 2024 6:00 PM 10300 Torre Avenue and 10350 Torre Avenue and via Teleconference City Council SHEILA MOHAN, MAYOR J.R. FRUEN, VICE MAYOR LIANG CHAO, CO UNCILMEMBER KITTYMOORE, COUNCILMEMBER HUNG WEI, CO UNCILMEMBER IN PERSON AND TELECONFERENCE MEETING For more information: (408) 777-3200 1 zvww.cupertino.gov CONDUCT OF BUSINESS The Mayor is the presiding officer of the City Council. Any member of the public may speak on any item on the agenda for up to three minutes. All statements and questions must be addressed to the Mayor. City Council hearings serve as a venue for the discussion of sometimes divergent points of view. Please respect the opinions of others and refrain from cheering or clapping. That may delay the meeting or intimidate other persons wishing to express alternate views. Actions that disrupt the meeting will result in a warning, followed by removal if disruption continues. Oral public comments will be accepted during the meeting. Comments may be made during "oral communications" for matters not on the agenda, and during the public comment period for each agenda item. Identifying yourself is voluntary and not required to attend the meeting or provide comments. FLOWCHART FOR HEARING ITEMS: Mayor introduces agenda item Mayor opens the pubric hearing *1 Councilmembers report any site visits or outside communications. Staff reports and makes Councilmembers ask clarifying recommendation questions. i Applicant or Appellant makes presentation For appeals of approvals, the applicant may respond to (up to 8 min) appellants presentation. i Councilmembers ask questions of staff or applicant/appellant i Mayor invites members of Speakers submit a Request to Speak the public to speak about card, and are allowed up to 3 minutes the agenda item per individual. Council members may questions of speakers. iask Mayor invites applicant/appellant to respond to public comments (2 min) Mayor closes the public hearing i The Mayor may request a motion and City Council votes on a second after the close of the public the agenda item hearing. Council then deliberates and votes. PUBLIC HEARINGS The City Council is required by law to hold public hearings on certain matters prior to making its decision. Notice to interested parties is given by legal advertisement in the local newspaper of general circulation at least 10 calendar days preceding the hearing date. Applications requiring public hearings include change of zoning, variances, use permits, and tentative maps. COUNCIL MEETINGS The City Council regularly meets the first and third Tuesdays of each month. These meetings are held at 6:45 p.m. Closed sessions, when needed, are normally held at 6:00 p.m. Closed sessions cover items such as personnel, litigation, or the sale , purchase, or lease of property. The law requires certain actions taken in closed session to be reported in open session. Urgent business, holidays, or election days may trigger special or adjourned meetings. These meetings will be noticed beforehand. AGENDAS, MINUTES, AND PACKETS AVAILABLE ON THE WEB Agendas, minutes, and packets for current and prior City Council and Planning Commission meetings are available at www.cupertino.org, or you can purchase the items on CD. CITY COUNCIL DECISION IS FINAL Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City's decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's office for more information or go to www.httr)://www.cur)ertino.org/index.as px?page=125 for a reconsideration petition form. City Council Agenda June 4, 2024 IN -PERSON AND TELECONFERENCE / PUBLIC PARTICIPATION INFORMATION Members of the public wishing to observe the meeting may do so in one of the following ways: 1) Attend in person at Cupertino Community Hall,10350 Torre Avenue. 2) Tune to Comcast Channel 26 and AT&T U-Verse Channel 99 on your TV. 3) The meeting will also be streamed live on and online at www.Cupertino.org/youtube and www.Cupertino.org/webcast Members of the public wishing to comment on an item on the agenda may do so in the following ways: 1) Appear in person for Closed Session in City Hall, Conference Room C or for Open Session in Cupertino Community Hall. Members of the public may provide oral public comments pertaining to the agenda prior to the beginning of Closed Session and after Roll Call. Members of the public may provide oral public comments during the Open Session as follows: Oral public comments will be accepted during the meeting. Comments may be made during "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, June 4 to the Council at citycouncil@cupertino.org. These e-mail comments will also be forwarded to Councilmembers by the City Clerk's office before the meeting and posted to the City's website after the meeting. Members of the public that wish to share a document must email cityclerkC cupertino.org prior to the meeting. 3) Open Session Teleconferencing Instructions To address the City Council, click on the link below to register in advance and access the meeting: Page 2 City Council Agenda June 4, 2024 Online Register in advance for this webinar: https:Hcityofcupertino.zoom.us/webinar/register/WN_j LGVrAOdRfyQkifPHj 4faw Phone Dial: 669-900-6833 and enter Webinar ID: 945 9103 9858 (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: 945 9103 9858 SIP: 94591039858@zoomcrc.com After registering, you will receive a confirmation email containing information about joining the webinar. Please read the following instructions carefully: 1. You can directly download the teleconference software or connect to the meeting in your internet browser. If you are using your browser, make sure you are using a current and up-to-date browser: Chrome 30+, Firefox 27+, Microsoft Edge 12+, Safari 7+. Certain functionality may be disabled in older browsers, including Internet Explorer. 2. You will be asked to enter an email address and a name, followed by an email with instructions on how to connect to the meeting. Your email address will not be disclosed to the public. If you wish to make an oral public comment but do not wish to provide your name, you may enter "Cupertino Resident" or similar designation. 3. When the Mayor calls for the item on which you wish to speak, click on "raise hand," or, if you are calling in, press *9. Speakers will be notified shortly before they are called to speak. 4. When called, please limit your remarks to the time allotted and the specific agenda topic. 5. Members of the public that wish to share a document must email cityclerk@cupertino.org prior to the meeting. These documents will be posted to the City's website after the meeting. Page 3 City Council Agenda June 4, 2024 ROLL CALL - 6:00 PM 10300 Torre Avenue, Conference Room C CLOSED SESSION 1. Subject: Conference with legal counsel - existing litigation pursuant to Government Code § 54956.9 (Harshit Sharma et al. v. City of Cupertino, Santa Clara County Superior Court Case No. 22CV39297) RECESS CALL TO ORDER - 6:45 PM 10350 Torre Avenue, Community Hall and via Teleconference PLEDGE OF ALLEGIANCE ROLL CALL CLOSED SESSION REPORT CEREMONIAL ITEMS 2. Subject: Proclamation recognizing June as Lesbian, Gay, Bisexual, Transgender, and Queer (LGBTQ) Pride Month Recommended Action: Present proclamation recognizing June as Lesbian, Gay, Bisexual, Transgender, and Queer (LGBTQ) Pride 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 3-12) Page 4 City Council Agenda June 4, 2024 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. 3. Subject: Approval of amended May 7, 2024 City Council minutes Recommended Action: Approve the amended May 7, 2024 City Council minutes Staff Report A — Amended May 7, 2024 City Council Minutes (redline) 4. Subject: Approval of the May 14, 2024 (Closed Session) City Council minutes Recommended Action: Approve the May 14, 2024 (Closed Session) City Council minutes A - Draft Minutes 5. Subject: Approval of the May 14, 2024 (Open Session) City Council minutes Recommended Action: Approve the May 14, 2024 City Council minutes A - Draft Minutes 6. Subject: Approval of the May 21, 2024 City Council minutes Recommended Action: Approve the May 21, 2024 City Council minutes A - Draft Minutes 7. Subject: Law Enforcement Contract Extension with the County of Santa Clara Sheriff's Office Recommended Action: Authorize the City Manager to extend the existing law enforcement contract with the County of Santa Clara Sheriff's Office for two years, from July 1, 2024, through July 1, 2026, and amend the terms of the agreement as needed during the extension Staff Report A - 14-127 Law Enforcement Contract with the County of Santa Clara Original B - Law Enforcement Contract - First Amendment to Agreement 8. Subject: Construction contract and a proposed amendment to the design consultant agreement and construction management services for the All -Inclusive Playground at Jollyman Park project Page City Council Agenda June 4, 2024 Recommended Action: 1. Award a construction contract for the All -Inclusive Playground at Jollyman Park Project (budget unit 420-99-051) in the amount of $3,863,430 to QLM, Inc.; 2. Authorize the City Manager to execute the contract with QLM, Inc. when all conditions have been met; 3. Authorize the Director of Public Works to execute any necessary construction change orders with QLM, Inc., up to a contingency amount of $386,350 (10%), for a total contract amount of $4,249,780; 4. Authorize the City Manager to execute an amendment to the agreement with MIG, Inc. for Design Professional Services on the All -Inclusive Playground at Jollyman Park project (420-99-051, PO# 2022-0326) increasing the contract amount by $45,000, for a new total not -to -exceed contract amount of $467,411; 5. Authorize the City Manager to execute a professional services agreement with 4Leaf, Inc. for construction management services for a total not -to -exceed contract amount of $393,081; and 6. Adopt Resolution No. 24-049 approving budget modification #2324-304, approving a transfer out of $500,000 from the Park Dedication Fund (280) and a transfer into the All -Inclusive Playground at Jollyman Park Project (budget unit 420-99-051) and appropriating $500,000 to this project. Staff Report A - Draft Contract - OLM, Inc. B - DRAFT Agreement Amendment - MIG, Inc. C - DRAFT Agreement - 4Leaf, Inc. D - Draft Resolution 9. Subject: Approve an agreement with the City of San Jose to provide animal management services for a not -to -exceed amount of $330,730 for fiscal year 2024-2025, $343,959.20 for fiscal year 2025-2026, and $357,717.57 for fiscal year 2026-2027, for a total of $1,032,406.70, and delegate authority to the City Manager to award contract extensions through June 30, 2033, depending on approved budget and acceptable services. Recommended Action: That the City Council the agreement (Attachment A) to: 1. Authorize the City Manager to execute an agreement with City of San Jose to provide animal management services including Field Services, Shelter Services, and Dead Animal Services for a total not -to -exceed amount of $1,032,406.70 for three years between fiscal years 2024-2025 and 2026-2027. 2. Authorize the City Manager to execute up to two (2) 3-year contract extensions, provided budget is available and services remain acceptable. Staff Report A - Draft Agreement Page 6 City Council Agenda June 4, 2024 10. Subject: Memorandum of Understanding (MOU) between the Santa Clara County Recycling and Waste Reduction Technical Advisory Committee (TAC) member jurisdictions establishing ongoing management and operation of the edible food recovery program to comply with the requirements of Senate Bill (SB) 1383 (California's Short -Lived Climate Pollutant Reduction Strategy). Recommended Action: Authorize the City Manager to sign a MOU between the Santa Clara County Recycling and Waste Reduction Technical Advisory Committee (TAC) member jurisdictions establishing ongoing management and operation of the edible food recovery program to comply with the requirements of SB 1383 (California's Short -Lived Climate Pollutant Reduction Strategy). Staff Report A - Draft MOU for Countywide Edible Food Recovery 11. Subject: Memorandums of Agreement on behalf of the City of Cupertino, as a coalition partner with other partner agencies, for the purpose of securing grant funds from the United States Environmental Protection Agency's (EPA) Climate Pollution Reduction Grants program for funding electrification of municipal facilities and implementing a regional reusable takeout foodware program. Recommended Action: Adopt Resolution 24-050 authorizing the City Manager to: 1) Negotiate and sign Memorandums of Agreement and any amendments on behalf of the City of Cupertino, as a coalition partner with other partner agencies, for the purpose of securing grant funds from the EPA Climate Pollution Reduction Grants program for funding electrification of municipal facilities and implementing a regional reusable takeout foodware program; and 2) Negotiate and execute any documents necessary to accept and effectuate the grants. Staff Report A - Draft MOA - Public Facility Resiliency Implementation B - Draft MOA - Community -Scale Reusable Foodware System C - Draft Resolution 12. Subject: Three-year agreement between the City of Cupertino and the County of Santa Clara .(County) for the City's participation in the Countywide Household Hazardous Waste (HHW) Collection Program for Fiscal Years (FY) 2024/2025-2026/2027 using earmarked funds within the Resource Recovery Fund 520. Recommended Action: Adopt Resolution No. 24-051 authorizing the City Manager to sign a three-year agreement between the City of Cupertino and the County of Santa Clara (County) for the City's participation in the Countywide Household Hazardous Waste (HHW) Collection Program for Fiscal Years (FY) 2024/2025-2026/2027 using earmarked funds within the Resource Recovery Fund 520. Staff Report A - AB 939 Implementation Fee Agreement FY 2025-2027 B - Countywide HHW Program Agreement FY 2025-2027 C - Draft Resolution Page 7 City Council Agenda June 4, 2024 PUBLIC HEARINGS 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. 13. Subject: Approve the renewal (with no increase) of the 1992 Storm Drain Fee and renewal of the 2019 Clean Water and Storm Protection Fee with a 2.62% increase Recommended Action: Adopt: 1. Resolution No. 24-052 (Attachment A) approving the renewal and collection of the 1992 Storm Drain Fee with no increase in rates for Fiscal Year (FY) 2024-25 2. Resolution No. 24-053 (Attachment B) approving the renewal and collection of the 2019 Clean Water and Storm Protection Fee with a 2.62% increase in rates for FY 2024- 25 Presenter: Ursula Syrova, Environmental Programs and Sustainability Manager Staff Report A - Draft Resolution 1992 Fee B - Draft Resolution 2019 Fee C - Clean Water and Storm Protection Fee Ordinance with Fee Report 14. Subject: Consider the Recommended Operating and Capital Improvement Program Budgets for Fiscal Year (FY) 2024-25, adoption of the Operating and Capital Improvement Program Budgets for FY 2024-25, establishment of the Appropriation Limit, and related actions. Page 8 City Council Agenda June 4, 2024 Recommended Action: 1. Adopt Resolution No. 24-054 establishing an Operating Budget of $120,495,113 for FY 2024-25, which includes the following changes to the FY 2024-25 Proposed Budget, published on May 1, 2024: a. Approve the operating budget of $120,392,308 outlined in the FY 2024-25 Proposed Budget. b. Approve additional appropriations of $32,500 for the Community Funding Grant Program as included in Attachment D. c. Approve additional appropriations of $3,905 for festival costs as included in Attachment D. d. Approve additional appropriations of $2,050 for the Artist Awards program as included in Attachment D. e. Approve additional appropriations of $64,350 for the animal services contract as included in Attachment D. f. Approve a reduction in revenues of $21,200 due to the elimination of the proposed permit parking and crane lift fees as included in Attachment D. g. Approve additional revenues of $212,614 for SB 1 as included in Attachment D. h. Approve Community Funding Grants for the following organizations, allocating a total of $32,500: i. AINAK: $2,750 ii. Cupertino Little League: $16,000 iii. Cupertino Symphonic Band: $3,000 iv. Rotary Club of Cupertino: $4,000 v. STEMBoost Corporation: $3,000 vi. West Valley Community Services: $3,750 2. Adopt Resolution No. 24-055 establishing a Capital Improvement Program Budget of $26,151,380 for FY 2024-25 3. Adopt Resolution No. 24-056 establishing an Appropriation Limit of $132,542,385 for FY 2024-25 Presenters: Kristina Alfaro, Director of Administrative Services and Thomas Leung, Budget Manager Staff Report A — Draft Resolution — Operating Budget for Fiscal Year 2024-25 B — Draft Resolution — Capital Budget for Fiscal Year 2024-25 C — Draft Resolution — Appropriations Limit for Fiscal Year 2024-25 D - Budget Adjustments Summary and Detail E - Appropriation Limit for Fiscal Year 2024-25 F — Appropriation Limit Price and Population Factors for Fiscal Year 2024-25 G — Proposed Budget Study Session Supplemental Report H - Planning Commission Adopted Resolution I - Adopted FY 2024-25 City Work Program Budget Details ACTION CALENDAR - None Page 9 City Council Agenda June 4, 2024 ITEMS REMOVED FROM THE CONSENT CALENDAR CITY MANAGER REPORT ORAL COMMUNICATIONS - CONTINUED COUNCILMEMBER REPORTS 15. Subject: Councilmember Reports A - Councilmember Report, Fruen B - Councilmember Report, Mohan C - Councilmember Report, Moore D - Councilmember Report, Wei FUTURE AGENDA ITEMS ADJOURNMENT Lobbyist Registration and Reporting Requirements: Individuals who influence or attempt to influence legislative or administrative action may be required by the City of Cupertino's lobbying ordinance (Cupertino Municipal Code Chapter 2.100) to register and report lobbying activity. Persons whose communications regarding any legislative or administrative are solely limited to appearing at or submitting testimony for any public meeting held by the City are not required to register as lobbyists. For more information about the lobbying ordinance, please contact the City Clerk's Office at 10300 Torre Avenue, Cupertino, CA 95014, telephone (408) 777-3223; email cityclerk@cupertino.org, and website: www.cupertino.org/lobbyist. The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6; litigation challenging a final decision of the City Council must be brought within 90 days after a decision is announced unless a shorter time is required by State or Federal law. Prior to seeking judicial review of any adjidieatory (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. Page 10 City Council Agenda June 4, 2024 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 11 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, Housing Commission, Library Commission, Parks and Recreation Commission, Planning Commission, Public Safety Commission, Sustainability Commission, Teen Commission, and Technology, Information, and Communications Commission. Council members also serve on a variety of regional bodies, including: Association of Bay Area Governments League of California Cities Santa Clara County (SCC) Cities Association SCC Emergency Preparedness Council SCC Library District SCC Emergency Preparedness Commission Santa Clara Valley Water Commission and Water District SCC Transportation Authoritym West Valley Mayors and Managers STAFF The City Manager and the City Attorney are appointed by the Council. The City Manager is responsible for interpreting and carrying out Council policies and direction, and as the chief administrative officer, the City Manager coordinates the many activities of the city and appoints the professional and technical staff. The City Attorney is the advisor to the City Council as a whole. TYPES OF COUNCIL ACTIONS ORDINANCES Ordinances are the means by which the City enacts its local laws. Unless an urgent situation exists, ordinances will first be presented at a Council meeting as a "first reading." At a subsequent Council meeting, there will be a "second reading and adoption." Ordinances go into effect after a waiting period of thirty days, in most cases, during which time the summary of the ordinance is published in a local newspaper approved for this purpose. RESOLUTIONS Resolutions and minute orders are the means by which the City Council formally adopts policies or approves specific actions. These go into effect when adopted. APPEALS Any interested person, including a Council member, may appeal a Planning Commission or Director of Community Development decision to the City Council. An appeal must be submitted in writing to the City Clerk within 14 calendar days of the mailing of the notice of the decision. RECONSIDERATION Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City's decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's office for more information or go to www.http://www.cupertino.org/index.aspx?page=125 for a reconsideration petition form. COMMUNICATING WITH COUNCIL All Council members: Sheila Mohan J.R. Fruen Liang Chao Kitty Moore Hung Wei Executive Assistant City Hall citycouncil@cupertino.gov SMohan@cupertino.gov (408) 777-1326 1RFruen@cupertino.gov (408) 777-1316 LiangChao@cupertino.gov (408) 777-3192 KittyMoore@cupertino.gov (408) 777-1389 HWei@cupertino.gov (408) 777-1389 Debran@cupertino.gov (408) 777-3139 www.cupertino.gov (408) 777-CITY Please note: the City Council discourages submission of written materials on the day of the meeting as this does not provide enough time to give the materials fair evaluation. If you must provide written materials on the day of the meeting, as least one copy must be given to the City Clerk for the permanent record, and ten copies are preferred. NEWS AND NOTICES FROM CITY HALL EMAIL Sign up for e-notification of agendas, elections, and other news on the city website at www.cupertino.org/notify TELEVISION The City Channel broadcasts City Council and Planning Commission meetings, as well as agenda previews, public service announcements, and other programs of community interest, on Channel 26 in Cupertino. The meetings are shown at these times: Tuesday (live) 6:45 p.m. Friday (replay) 10:00 a.m. Thursday (replay) 7:00 p.m. Saturday (replay) 9:00 a.m. INTERNET City Council and Planning Commission videos are available on demand at www.cupertino.org. Select "I Want To, View City Council meetings". News and community information can also be found at: https://www.facebook.com/cityofcupertino/ https:Htwitter.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) Fire (Emergency) Fire (Non -Emergency ) Garbage Gas & Electricity Recreation & Community Services Police (Emergency) Police (Non -Emergency) Public Health Sanitary Sewers Water General Information and Comments (408) 777-CITY Santa Clara County Fire Dept. dispatch 911 Santa Clara County Fire Dept. (408) 378-4010 Recology South Bay (408) 725-4020 Pacific Gas & Electric (PG&E) 1-800-743-5000 Quinlan Community Center (408) 777-3120 Santa Clara County Sheriff dispatch 911 Santa Clara County Sheriff (408) 868-6600 Santa Clara County Public Health (408) 732-3720 Cupertino Sanitary District (408) 253-7071 San Jose Water (408) 279-7900 California Water (650) 917-0152 STATE OF CALIFORNIA CITY OF C L RA SS. L\AC` C ANT Emv,P OYEtQF TH1 (-,I- Y OF CLIPS 1 NO D ARr- MENTT, STATE UNDER PE�gALT OF 'E) -� 1 I PLI SC)1 1LIY GFNDA ON 'i IJE T CITY I AI_L. SIGNATU CUPERTINO AGENDA Non -Televised Closed Session (6:00) and Televised Open Session Regular Meeting (6:45) Tuesday, May 21, 2024 6:00 PM 10300 Torre Avenue and 10350 Torre Avenue and via Teleconference City Council SHEILA MOHAN, MAYOR J.R. FRUEN, VICE MAYOR LIANG CHAO, CO UNCILMEMBER KITTYMOORE, COUNCILMEMBER HUNG WEI, CO UNCILMEMBER IN PERSON AND TELECONFERENCE MEETING For more information: (408) 777-3200 1 www.cupertino.gov CONDUCT OF BUSINESS The Mayor is the presiding officer of the City Council. Any member of the public may speak on any item on the agenda for up to three minutes. All statements and questions must be addressed to the Mayor. City Council hearings serve as a venue for the discussion of sometimes divergent points of view. Please respect the opinions of others and refrain from cheering or clapping. That may delay the meeting or intimidate other persons wishing to express alternate views. Actions that disrupt the meeting will result in a warning, followed by removal if disruption continues. Oral public comments will be accepted during the meeting. Comments may be made during "oral communications" for matters not on the agenda, and during the public comment period for each agenda item. Identifying yourself is voluntary and ndt-mquired to attend the meeting or provide comments. FLOWCHART FOR HEARING ITEMS: Mayor introduces agenda item Mayor opens the public hearing Councilmembers report any site visits or outside communications. i Staff reports and makes Councilmembers ask clarifying recommendation questions. i Applicant or Appellant For appeals of approvals, the makes presentation (up to 8 min) applicant may respond to appellants presentation. i Councilmembers ask questions of staff or applicant/appellant i Mayor invites members of Speakers submit a Request to Speak the public to speak about card, and are allowed up to 3 minutes the agenda item per individual. Council members may ask questions of speakers. i Mayor invites - applicanUappellant to respond to public comments (2 min) Mayor closes the public hearing i City Council votes on ttre agenda item The Mayor may request a motion and a second after the close of the public hearing. Council then deliberates and votes. PUBLIC HEARINGS The City Council is required by law to hold public hearings on certain matters prior to making its decision. Notice to interested parties is given by legal advertisement in the local newspaper of general circulation at least 10 calendar days preceding the hearing date. Applications requiring public hearings include change of zoning, variances, use permits, and tentative maps. COUNCIL MEETINGS The City Council regularly meets the first and third Tuesdays of each month. These meetings are held at 6:45 p.m. Closed sessions, when needed, are normally held at 6:00 p.m. Closed sessions cover items such as personnel, litigation, or the sale , purchase, or lease of property. The law requires certain actions taken in closed session to be reported in open session. Urgent business, holidays, or election days may trigger special or adjourned meetings. These meetings will be noticed beforehand. AGENDAS, MINUTES, AND PACKETS AVAILABLE ON THE WEB Agendas, minutes, and packets for current and prior City Council and Planning Commission meetings are available at www.cupertino.org, or you can purchase the items on CD. CITY COUNCIL DECISION IS FINAL Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City's decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's office for more information or go to www.httr)://www.cupertino.org/index.as px?page=125 for a reconsideration petition form. City Council Agenda May 21, 2024 Online Register in advance for this webinar: https:Hcityofcupertino.zoom.us/webinar/register/WN_SwmXMrCZR2eHjdhsRuwG8g Phone Dial: 669-900-6833 and enter Webinar ID: 983 64116302 (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: 983 64116302 SIP: 983641163020zoomcrc.com After registering, you will receive a confirmation email containing information about joining the webinar. Please read the following instructions carefully: 1. You can directly download the teleconference software or connect to the meeting in your internet browser. If you are using your browser, make sure you are using a current and up-to-date browser: Chrome 30+, Firefox 27+, Microsoft Edge 12+, Safari 7+. Certain functionality may be disabled in older browsers, including Internet Explorer. 2. You will be asked to enter an email address and a name, followed by an email with instructions on how to connect to the meeting. Your email address will not be disclosed to the public. If you wish to make an oral public comment but do not wish to provide your name, you may enter "Cupertino Resident" or similar designation. 3. When the Mayor calls for the item on which you wish to speak, click on "raise hand," or, if you are calling in, press *9. Speakers will be notified shortly before they are called to speak. 4. When called, please limit your remarks to the time allotted and the specific agenda topic. 5. Members of the public that wish to share a document must email cityclerk@cupertino.org prior to the meeting. These documents will be posted to the City's website after the meeting. Page 3 City Council Agenda May 21, 2024 IN -PERSON AND TELECONFERENCE / PUBLIC PARTICIPATION INFORMATION Members of the public wishing to observe the meeting may do so in one of the following ways: 1) Attend in person at Cupertino Community Hall,10350 Torre Avenue. 2) Tune to Comcast Channel 26 and AT&T U-Verse Channel 99 on your TV. 3) The meeting will also be streamed live on and online at www.Cupertino.org/youtube and www.Cupertino.org/webcast Members of the public wishing to comment on an item on the agenda may do so in the following ways: 1) Appear in person for Closed Session in City Hall, Conference Room C or for Open Session in Cupertino Community Hall. Members of the public may provide oral public comments pertaining to the agenda prior to the beginning of Closed Session and after Roll Call. Members of the public may provide oral public comments during the Open Session as follows: Oral public comments will be accepted during the meeting. Comments may be made during "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, May 21 to the Council at citycouncil@cupertino.org. These e-mail comments will also be forwarded to Councilmembers by the City Clerk's office before the meeting and posted to the City's website after the meeting. Members of the public that wish to share a document must email cityclerk@cupertino.org prior to the meeting. 3) Open Session Teleconferencing Instructions To address the City Council, click on the link below to register in advance and access the meeting: Page 2 City Council Agenda May 21, 2024 ROLL CALL - 6:00 PM 10300 Torre Avenue, Conference Room C CLOSED SESSION 1. Subject: Workers compensation claim pursuant to Government Code § 54956.95(b) (Ricardo Acevedo v. City of Cupertino, WCAB No. ADJ17329936) RECESS CALL TO ORDER - 6:45 PM 10350 Torre Avenue, Community Hall and via Teleconference PLEDGE OF ALLEGIANCE ROLL CALL CLOSED SESSION REPORT CEREMONIAL ITEMS 2. Subject: Recognition of National Public Works Week, May 19-25, 2024 Recommended Action: Recognize National Public Works Week, May 19-25, 2024 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 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, 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 facture City Council agenda in response to public comment. CONSENT CALENDAR (Items 3-9) 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 Page 4 9 City Council Agenda May 21, 2024 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. 3. Subject: Approval of May 7, 2024 City Council minutes Recommended Action: Approve the May 7, 2024 City Council minutes A - Draft Minutes 4. Subject: Ratifying Accounts Payable for the periods ending April 5, 2024; April 12, 2024; April 19, 2024; and April 26, 2024 Recommended Action: A. Adopt Resolution No. 24-043 ratifying Accounts Payable for the Period ending April 5, 2024; B. Adopt Resolution No. 24-044 ratifying Accounts Payable for the Period ending April 12, 2024; C. Adopt Resolution No. 24-045 ratifying Accounts Payable for the Period ending April 19, 2024; and D. Adopt Resolution No. 24-046 ratifying Accounts Payable for the Period ending April 26, 2024 Staff report A — Draft Resolution 4.5.24 B — Weekly AP Payment Register for the Period Ending 4.5.24 C — Draft Resolution 4.12.24 D — Weekly AP Payment Register for the Period Ending 4.12.24 E — Draft Resolution 4.19.24 F — Weekly AP Payment Register for the Period Ending 4.19.24 G — Draft Resolution 4.26.24 H — Weekly AP Payment Register for the Period Ending 4.26.24 5. Subject: Approve a First Amendment with Tyler Technologies for continued Enterprise Resource Planning (ERP) Software Maintenance and Support, for a total not -to -exceed amount of $672,924.92 including a 10% contingency and extending the contract date to June 30, 2028. Recommended Action: Authorize the City Manager to execute a First Amendment with Tyler Technologies for continued Enterprise Resource Planning (ERP) Software Maintenance and Support, for a total not -to -exceed amount of $672,924.92 including a 10% contingency and extending the term of the agreement to June 30, 2028. Staff Report A - Draft Amendment B - Standard Software License and Service agreement C - Maintenance Services Agreement 6. Subject: Lease agreement with the Regents of the University of California for the Rolling Hills 4-H Club for facilities at the McClellan Ranch Preserve Page 5 City Council Agenda May 21, 2024 Recommended Action: Authorize the City Manager to execute a new lease agreement with the Regents of the University of California for the Rolling Hills 4-H Club for facilities at the McClellan Ranch Preserve for a period of ten years, through August 31, 2034 Staff Report A - Draft Agreement 7. Subject: Fiscal Year (FY) 2024/2025 projects proposed to receive funding from the Road Maintenance and Rehabilitation Account (RMRA), created by Senate Bill (SB) 1. Recommended Action: Adopt Resolution No. 24-047 (Attachment A) establishing a list of projects proposed to be funded by $1,549,796 of SB 1 revenues, estimated to be received in FY 2024/2025. Staff Report A - Draft Resolution 8. Subject: Approve a Third Amendment with Chandler Asset Management to continue investment advisory services for a total not -to -exceed amount of $600,000 and extending the contract date to December 31, 2028 Recommended Action: Authorize the City Manager to execute the Third Amendment with Chandler Asset Management, reinstating the Professional Services Agreement to continue investment advisory services for a new not -to -exceed contract amount of $600,000 and extending the contract date to December 31, 2028 Staff Report A - Draft Third Amendment B — Original Agreement C — First Amendment with Chandler D — Second Amendment with Chandler 9. Sub-ect: Approve a Fourth Amendment with Hinderliter, de Llamas & Associates (HdL) to continue Sales, Use, and Transaction Tax Audit services for a total not -to -exceed amount of $230,000 Recommended Action: Authorize the City Manager to execute the Fourth Amendment with Hinderliter, de Llamas & Associates (HdL) for continued sales, use, and transaction tax audit services, increasing the contract amount by $60,000 for a new total not -to -exceed contract amount of $230,000 Staff Report A — Draft Fourth Amendment B — Original Agreement C — First Amendment with HdL D — Second Amendment with HdL E — Third Amendment with HdL PUBLIC HEARINGS - None Page 6 City Council Agenda May 21, 2024 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 10. Subject: City Manager's Third Quarter Financial Report for Fiscal Year 2023-24 Recommended Action: 1. Receive the City Manager's Third Quarter Financial Report for Fiscal Year 2023-24; and 2. Adopt Resolution No. 24-048 and Budget Modification appropriations by $464,980 and increasing revenues by $20,010,094 Presenters: Kristina Alfaro, Director of Administrative Services Budget Manager Staff Report A - FY 2023-24 Third Ouarter Financial Report B - Draft Resolution C - Description of Carryovers and Adjustments through March 31, 2024 D - Description of Budget Transfers through March 31, 2024 E - FY 2023-24 Third Quarter Recommended Adjustments F - FY 2023-24 Third Quarter Special Projects Report G - Competitive and Non -Competitive Grants Tracking H - FY 2023-24 Third Quarter CIP Project Status STUDY SESSION 2324-340 decreasing and Thomas Leung, 11. Subject: Initial Study Session on Fiscal Year (FY) 2024-25 Proposed Operating and Capital Improvement Program Budgets Recommended Action: Initial Study Session on Fiscal Year (FY) 2024-25 Proposed Operating and Capital Improvement Program Budgets Presenters: Kristine Alfaro, Director of Administrative Services and Thomas Leung, Budget Manager Page 7 City Council Agenda May 21, 2024 A - Table of Contents B - Introduction C - Budget Message D - Budget Guide E - Community Profile F - Financial Policies G - All Funds Financial Schedules H - General Fund Financial Schedules I - Council and Commissions i - Administration K - Law Enforcement L - Innovation and Technology M - Administrative Services N - Parks and Recreation O - Community Development P - Public Works O - Non -Departmental R - Appendix S - FY 2024-25 CIP new Project Narratives T - FY 2024-25 CIP 5-year Project Info ITEMS REMOVED FROM THE CONSENT CALENDAR CITY MANAGER REPORT ORAL COMMUNICATIONS - CONTINUED COUNCILMEMBER REPORTS 12. Subject: Councilmember Reports A - Councilmember Report, Fruen B - Councilmember Report, Mohan C - Councilmember Report, Wei FUTURE AGENDA ITEMS ADJOURNMENT Lobbyist Registration and Reporting Requirements: Individuals who influence or attempt to influence legislative or administrative action may be required by the City of Cupertino's lobbying ordinance (Cupertino Municipal Code Chapter 2.100) to register and report lobbying activity. Persons whose communications regarding any legislative or administrative are solely limited to appearing at or submitting testimony for any public meeting held by the City are not required to register as lobbyists. For more information about the lobbying ordinance, please contact the City Clerk's Office at 10300 Torre Avenue, Cupertino, CA 95014, telephone (408) 777-3223; email cityclerk@cupertino.org, and website: www.cupertino.org/lobbyist. Page 8 City Council Agenda May 21, 2024 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-orglcityclerkfor 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 NOTICE: Please be advised that pursuant to Cupertino Municipal Code section 2.08.100 written communications sent to the Cupertino City Council, Commissioners or City staff concerning a matter on the agenda are included as supplemental material to the agendized item. These written communications are accessible to the public through the City's website and kept in packet archives. Do not include any personal or private information in written communications to the City that you do not wish to make public, as written communications are considered public records and will be made publicly available on the City website. Page 9 THE CITY COUNCIL AND STAFF CITY COUNCIL Cupertino is a General Law city organized under and subject to statutes of the State of California. It is governed by the five -member City Council with the Mayor as the presiding officer. City Council members are elected at -large to four-year, overlapping terms. Each November a mayor and a vice -mayor are selected by the City Council for a one- 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, Housing Commission, Library Commission, Parks and Recreation Commission, Planning Commission, Public Safety Commission, Sustainability Commission, Teen Commission, and Technology, Information, and Communications Commission. Council members also serve on a variety of regional bodies, including: Association of Bay Area Governments League of California Cities Santa Clara County (SCC) Cities Association SCC Emergency Preparedness Council SCC Library District SCC Emergency Preparedness Commission Santa Clara Valley Water Commission and Water District SCC Transportation Authoritym West Valley Mayors and Managers STAFF The City Manager and the City Attorney are appointed by the Council. The City Manager is responsible for interpreting and carrying out Council policies and direction, and as the chief administrative officer, the City Manager coordinates the many activities of the city and appoints the professional and technical staff. The City Attorney is the advisor to the City Council as a whole. TYPES OF COUNCIL ACTIONS ORDINANCES Ordinances are the means by which the City enacts its local laws. Unless an urgent situation exists, ordinances will first be presented at a Council meeting as a "first reading." At a subsequent Council meeting, there will be a "second reading and adoption." Ordinances go into effect after a waiting period of thirty days, in most cases, during which time the summary of the ordinance is published in a local newspaper approved for this purpose. RESOLUTIONS Resolutions and minute orders are the means by which the City Council formally adopts policies or approves specific actions. These go into effect when adopted. APPEALS Any interested person, including a Council member, may appeal a Planning Commission or Director of Community Development decision to the City Council. An appeal must be submitted in writing to the City Clerk within 14 calendar days of the mailing of the notice of the decision. RECONSIDERATION Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City's decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's office for more information or go to www.http://www.cupertino.org/index.aspx?page=125 for a reconsideration petition form. COMMUNICATING WITH COUNCIL All Council members: citycouncil@cupertino.gov Sheila Mohan SMohan@cupertino.gov (408) 777-1326 J.R. Fruen JRFruen@cupertino.gov (408) 777-1316 Liang Chao LiangChao@cupertino.gov (408) 777-3192 Kitty Moore KittyMoore@cupertino.gov (408) 777-1389 Hung Wei HWei@cupertino.gov (408) 777-1389 Executive Assistant Debran@cupertino.gov (408) 777-3139 City Hall www.cupertino.gov (408) 777-CITY Please note: the City Council discourages submission of written materials on the day of the meeting as this does not provide enough time to give the materials fair evaluation. If you must provide written materials on the day of the meeting, as least one copy must be given to the City Clerk for the permanent record, and ten copies are preferred. NEWS AND NOTICES FROM CITY HALL EMAIL Sign up for e-notification of agendas, elections, and other news on the city website at www.cupertino.org/notify TELEVISION The City Channel broadcasts City Council and Planning Commission meetings, as well as agenda previews, public service announcements, and other programs of community interest, on Channel 26 in Cupertino. The meetings are shown at these times: Tuesday (live) 6:45 p.m. Friday (replay) 10:00 a.m. Thursday (replay) 7:00 p.m. Saturday (replay) 9:00 a.m. INTERNET City Council and Planning Commission videos are available on demand at www.cupertino.org. Select "I Want To, View City Council meetings". News and community information can also be found at: https://www.facebook.com/cityofcupertino/ https:Htwitter.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) Fire (Emergency) Fire (Non -Emergency ) Garbage Gas & Electricity Recreation & Community Services Police (Emergency) Police (Non -Emergency) Public Health Sanitary Sewers Water General Information and Comments (408) 777-CITY Santa Clara County Fire Dept. dispatch 911 Santa Clara County Fire Dept. (408) 378-4010 Recology South Bay (408) 725-4020 Pacific Gas & Electric (PG&E) 1-800-743-5000 Quinlan Community Center (408) 777-3120 Santa Clara County Sheriff dispatch 911 Santa Clara County Sheriff (408) 868-6600 Santa Clara County Public Health (408) 732-3720 Cupertino Sanitary District (408) 253-7071 San Jose Water (408) 279-7900 California Water (650) 917-0152 CITY OF CUPERTINO AGENDA C U P E RT 1 N O CITY COUNCIL 3 5A-1 Zy _ 10300 Torre Avenue, City Hall Conference Room C Tuesday, May 14, 2024 5:30 PM Non -Televised Special Meeting (Closed Session) 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, May 14, 2024, commencing at 5:30 p.m. in City Hall, Conference Room C, 10300 Torre Avenue, Cupertino, California 95014. Said special meeting shall be for the purpose of conducting business on the subject matters listed below under the heading, "Special Meeting." SPECIAL MEETING ROLL CALL CLOSED SESSION 1. Subject: Conference with legal counsel - existing litigation pursuant to Government Code § 54956.9 (Pacific Autism Center for Education v. City of Cupertino, Santa Clara Superior Court Case No. 23CV423995) 2. Subject: Conference with legal counsel - existing litigation pursuant to Government Code § 54956.9 (City of Cupertino v. Jennifer Chang, Santa Clara County Superior Court Case No. 21CV380291). OPEN SESSION REPORT REGARDING CLOSED SESSION ADJOURNMENT Lobbyist Registration and Reporting Requirements: Individuals zvho 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 zvhose communications regarding any legislative or administrative are solely limited to appearing at or submitting testimony for any public meeting held by the City are not required to register as lobbyists. For more information about the lobbying ordinance, please contact the City Clerk's Office at 10300 Torre Avenue, Cupertino, CA 95014; telephone (408) 777-3223; email cityclerlc@cupertino.org; and Page 1 City Council Agenda May 14, 2024 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/cihjclerkfor 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 6 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 fi,om 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 Cihj 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 2 STATE OF CALIFORNIA ('0UN'Vf-OFS - )SS. MrAt t.� L An, AN JWL. 1-i CITY OF C P" W-1111' L' Cir it Y C'F 0-1 P F NO MEN'1; �)I`,TL L'; Pl-�INN OF PERJUWi T1 IT, �,T F-) TIME O.qc 6 LED L. A i, E Bu, CUPERTINO AGENDA Televised Special Meeting (6:45) Tuesday, May 14, 2024 6:45 PM 10350 Torre Avenue, Council Chamber and via Teleconference City Council SHEILA MOHAN, MAYOR J.R. FRUEN, VICE MAYOR LIANG CHAO, COUNCILMEMBER KITTYMOORE, COUNCILMEMBER HUNG WEI, COUNCILMEMBER IN PERSON AND TELECONFERENCE MEETING For more information: (408) 777-3200 1 wiviv.cupertino.gov CONDUCT OF BUSINESS The Mayor is the presiding officer of the City Council. Any member of the public may speak on any item on the agenda for up to three minutes. All statements and questions must be addressed to the Mayor. City Council hearings serve as a venue for the discussion of sometimes divergent points of view. Please respect the opinions of others and refrain from cheering or clapping. That may delay the meeting or intimidate other persons wishing to express alternate views. Actions that disrupt the meeting will result in a warning, followed by removal if disruption continues. Oral public comments will be accepted during the meeting. Comments may be made during "oral communications" for matters not on the agenda, and during the public comment period for each agenda item. Identifying yourself is voluntary and not required to attend the meeting or provide comments. FLOWCHART FOR HEARING ITEMS: Mayor introduces agenda item i Mayor opens the public hearing Councilmembers report any site visits or outside communications i Staff reports and makes Councilmembers ask clarifying recommendation . questions. 4 Applicant or Appellant For appeals approvals, the makes presentation applicant may respond to (up to 8 min) appellants presentation. i Councilmembers ask questions of staff or applicant/appellant -i Mayor invites members of Speakers submit a Request to Speak the public to speak about card, and are allowed up to 3 minutes the agenda item per individual. Council members may questions of speakers. iask Mayor invites applicant/appellant to respond to public comments (2 min) i Mayor closes the public hearing i The Mayor may request a motion and City Council votes on a second after the close of the public the agenda item hearing. Council then deliberates and votes. 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.cul)ertino.org, or you can purchase the items on CD. CITY COUNCIL DECISION IS FINAL Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City's decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's office for more information or go to www.htti)://www.cuDertino.ora/index.as px?page=125 for a reconsideration petition form. City Council Agenda May 14, 2024 IN -PERSON AND TELECONFERENCE / PUBLIC PARTICIPATION INFORMATION Members of the public wishing to observe the meeting may do so in one of the following ways: 1) Attend in person at Cupertino Community Hall, 10350 Torre Avenue. 2) Tune to Comcast Channel 26 and AT&T U-Verse Channel 99 on your TV. 3) The meeting will also be streamed live on and online at www.Cupertino.org/youtube and www.Cupertino.org/webcast Members of the public wishing to comment on an item on the agenda may do so in the following ways: 1)Appear in person at Cupertino Community Hall. 2)E-mail comments by 4:00 p.m. on Tuesday, May 14 to the Council at citycouncil@cupertino.org. These e-mail comments will also be forwarded to Councilmembers by the City Clerk's office before the meeting and posted to the City's website after the meeting. Members of the public that wish to share a document must email cityclerk@cupertino.org prior to the meeting. 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. 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:Hcityofcupertino.zoom.us/webinar/register/WN_dtevls8LRSi4vyKGI4oD5Q Page 2 City Council Agenda May 14, 2024 Phone Dial: 669-900-6833 and enter Webinar ID: 917 66615804 (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: 917 66615804 SIP: 917666158040zoomcrc.com 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 will be notified shortly before they are called to speak. 4. When called, please limit your remarks to the time allotted and the specific agenda topic. 5. Members of the public that wish to share a document must email cityclerk@cupertino.org prior to the meeting. These documents will 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 Page 3 City Council Agenda May 14, 2024 called for Tuesday, May 14, 2024, 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 ROLL CALL PUBLIC HEARINGS 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 tinder 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. 1. Subject: 6th Cycle Housing Element and Associated General Plan Amendments Recommended Action: That the City Council adopt Resolution No. 24-039 (Attachment 1) adopting proposed General Plan Amendments, including but not limited to, the Chapter 3 (Land Use and Community Character Element), Chapter 4 (Housing Element), Chapter 5 (Mobility Element), Appendix A (Land Use Definitions, Appendix B (Housing Element Technical Appendix), and Appendix G (Community Vision 2040 General Plan and Zoning Amendments Environmental Assessment). Staff Report 1 - Draft Resolution Exhibit GPA-1- Ch 3 - Land Use Element amendments Exhibit GPA-2 - Ch 4 - Housing Element - Draft for adoption Exhibit GPA-3 - Ch 5 - Mobility Element Exhibit GPA-4 - App A - Land Use Definitions Amendments Exhibit GPA-5 - App B - HE Technical Report - Draft for adoption Exhibit GPA-6 - A1212 G - Environmental Assessment Exhibit GPA-7 - Draft General Plan Land Use Map 2 - Letter from HCD dated 4.10.2024 2. Subject: Fiscal Year 2024-25 Fee Schedule (continued from May 7, 2024) Recommended Action: 1. Adopt Resolution No. 24-040 approving FY 2024-25 Fee Schedules A, B, C, and D. If adopted, new fees will be effective by July 14, 2024. 2. Adopt Resolution No. 24-041 adopting User Fee Cost Recovery Policy Page 4 City Council Agenda May 14, 2024 Staff Report A — FY 2024-25 Proposed Fee Schedule A — General (Redline) B — FY 2024-25 Proposed.Fee Schedule B — Engineering (Redline) C — FY 2024-25 Proposed Fee Schedule C — Planning (Redline) D — FY 2024-25 Proposed Fee Schedule D — Building (Redlinel E — FY 2024-25 Proposed Fee Schedule A — General (,Clean) F — FY 2024-25 Proposed Fee Schedule B — Engineering (Clean) G — FY 2024-25 Proposed Fee Schedule C — Planning (Clean, H — FY 2024-25 Proposed Fee Schedule D — Building (Clean) I — Draft Resolution No. 24-040 approving FY 2024-25 Fee Schedules A, B, C, and D T — User Fee Study 2023 K — Cost Allocation Plan and Fee Study Staff Report L — User Fee Cost Recovery Policy M — Draft Resolution No. 24-041 User Fee Cost Recovery Polio CONSENT CALENDAR 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. 3. Subject: Consider accepting the City's Investment Policy Recommended Action: Adopt Resolution No. 24-042 accepting the City's Investment Policy Staff Report A - Cupertino Investment Policy (clean) B - Cupertino Investment Policy (redlinel C - Cupertino Investment Policy Statement Review Memo D - Draft Resolution ADJOURNMENT Lobbyist Registration and Reporting Requirements: Individuals who influence or attempt to influence legislative or administrative action may be required by the City of Cupertino's lobbying ordinance (Cupertino Municipal Code Chapter 2.100) to register and report lobbying activity. Persons whose communications regarding any legislative or administrative are solely limited to appearing at or submitting testimony for any public meeting held by the City are not required to register as lobbyists. For more information about the lobbying ordinance, please contact the City Clerk's Office at 10300 Torre Avenue, Cupertino, CA 95014, telephone (408) 777-3223; email cityclerk@citpertino.org; and website: www.cupertino.org/lobbyist. The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6; litigation Page 5 City Council Agenda May 14, 2024 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. 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 6 THE CITY COUNCIL AND STAFF CITY COUNCIL Cupertino is a General Law city organized under and subject to statutes of the State of California. It is governed by the five -member City Council with the Mayor as the presiding officer. City Council members are elected at -large to four-year, overlapping terms. Each November a mayor and a vice -mayor are selected by the City Council for a one- year term. The City Council receives advice and assistance from eleven advisory bodies, which are appointed by the Council. These are the Audit Committee, Bicycle Pedestrian Commission, Fine Arts Commission, Housing Commission, Library Commission, Parks and Recreation Commission, Planning Commission, Public Safety Commission, Sustainability Commission, Teen Commission, and Technology, Information, and Communications Commission. Council members also serve on a variety of regional bodies, including: Association of Bay Area Governments League of California Cities Santa Clara County (SCC) Cities Association SCC Emergency Preparedness Council SCC Library District SCC Emergency Preparedness Commission Santa Clara Valley Water Commission and Water District SCC Transportation Authoritym West Valley Mayors and Managers STAFF The City Manager and the City Attorney are appointed by the Council. The City Manager is responsible for interpreting and carrying out Council policies and direction, and as the chief administrative officer, the City Manager coordinates the many activities of the city and appoints the professional and technical staff. The City Attorney is the advisor to the City Council as a whole. TYPES OF COUNCIL ACTIONS ORDINANCES Ordinances are the means by which the City enacts its local laws. Unless an urgent situation exists, ordinances will first be presented at a Council meeting as a "first reading." At a subsequent Council meeting, there will be a "second reading and adoption." Ordinances go into effect after a waiting period of thirty days, in most cases, during which time the summary of the ordinance is published in a local newspaper approved for this purpose. RESOLUTIONS Resolutions and minute orders are the means by which the City Council formally adopts policies or approves specific actions. These go into effect when adopted. APPEALS Any interested person, including a Council member, may appeal a Planning Commission or Director of Community Development decision to the City Council. An appeal must be submitted in writing to the City Clerk within 14 calendar days of the mailing of the notice of the decision. RECONSIDERATION Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City's decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's office for more information or go to www.http://www.cupertino.org/index.aspx?page=125 for a reconsideration petition form. COMMUNICATING WITH COUNCIL All Council members citycouncil@cupertino.gov Sheila Mohan SMohan@cupertino.gov (408) 777-1326 J.R. Fruen JRFruen@cupertino.gov (408) 777-1316 Liang Chao LiangChao@cupertino.gov (408) 777-3192 Kitty Moore KittyMoore@cupertino.gov (408) 777-1389 Hung Wei HWei@cupertino.gov (408) 777-1389 Executive Assistant Debran@cupertino.gov (408) 777-3139 City Hall www.cupertino.gov (408) 777-CITY Please note: the City Council discourages submission of written materials on the day of the meeting as this does not provide enough time to give the materials fair evaluation. If you must provide written materials on the day of the meeting, as least one copy must be given to the City Clerk for the permanent record, and ten copies are preferred. NEWS AND NOTICES FROM CITY HALL EMAIL Sign up for e-notification of agendas, elections, and other news on the city website at www.cupertino.org/notify TELEVISION The City Channel broadcasts City Council and Planning Commission meetings, as well as agenda previews, public service announcements, and other programs of community interest, on Channel 26 in Cupertino. The meetings are shown at these times: Tuesday (live) 6:45 p.m. Friday (replay) 10:00 a.m. Thursday (replay) 7:00 p.m. Saturday (replay) 9:00 a.m. INTERNET City Council and Planning Commission videos are available on demand at www.cupertino.org. Select "I Want To, View City Council meetings". News and community information can also be found at: https://www.facebook.com/cityofcupertino/ https://twitter.com/CityofCupertino https://www.instagram.com/cityofcupertino AUDIO Tune into Radio Cupertino, 1670 AM, for meeting announcements, public service messages, and emergency announcements. USEFUL TELEPHONE NUMBERS City of Cupertino (City Hall) General Information and Comments Fire (Emergency) Fire (Non -Emergency ) Garbage Gas & Electricity Recreation & Community Services Police (Emergency) Police (Non -Emergency) Public Health Sanitary Sewers Water Santa Clara County Fire Dept. dispatch Santa Clara County Fire Dept. Recology South Bay Pacific Gas & Electric (PG&E) Quinlan Community Center Santa Clara County Sheriff dispatch Santa Clara County Sheriff Santa Clara County Public Health Cupertino Sanitary District San Jose Water California Water (408) 777-CITY 911 (408)378-4010 (408) 725-4020 1-800-743-5000 (408) 777-3120 911 (408) 868-6600 (408)732-3720 (408)253-7071 (408)279-7900 (650) 917-0152 TA AN CITY OF CUPERTINO""� Pi'.'vA 1 Y OF -- - - - - -- r �. CUPERTINO AGENDA Non -Televised Closed Session (6:00) and Televised Open Session Regular Meeting (6:45) Tuesday, May 7, 2024 6:00 PM 10300 Torre Avenue and 10350 Torre Avenue and via Teleconference City Council 0 SHEILA MOHAN, MAYOR J.R. FRUEN, VICE MAYOR LIANG CHAO, COUNCILMEMBER KITTY MOORE, CO UNCILMEMBER HUNG WEI, CO UNCILMEMBER IN PERSON AND TELECONFERENCE MEETING For more information: (408) 777-3200 1 7MM.cnpertino.gov CONDUCT OF BUSINESS The Mayor is the presiding officer of the City Council. Any member of the public may speak on any item on the agenda for up to three minutes. All statements and questions must be addressed to the Mayor. City Council hearings serve as a venue for the discussion of sometimes divergent points of view. Please respect the opinions of others and refrain from cheering or clapping. That may delay the meeting or intimidate other persons wishing to express alternate views. Actions that disrupt the meeting will result in a warning, followed by removal if disruption continues. Oral public comments will be accepted during the meeting. Comments may be made during "oral communications" for matters not on the agenda, and during the public comment period for each agenda item. Identifying yourself is voluntary and not required to attend the meeting or provide comments. FLOWCHART FOR HEARING ITEMS: Mayor introduces agenda item i Mayor opens the public hearing Councilmembers report any site visits or outside communications. i Staff reports and makes Councilmembers ask clarifying recommendation questions. i Applicant or Appellant I For appeals approvals, the makes presentation �jl applicant mayy respond to (up to S min) appellants presentation. i Councilmembers ask questions of staff or applicant/appellant i Mayor invites members of the public to speak about the agenda item i Mayor invites applicant/appel lant to respond to public comments (2 min) i Mayor closes the public hearing i City Ceuncil votes on the agenda item Speakers submit a Request to Speak card, and are allowed up to 3 minutes per individual. Council members may ask questions of speakers. The Mayor may request a motion and a second after the close of the public hearing. Council then deliberates and votes. PUBLIC HEARINGS The City Council is required by law to hold public hearings on certain matters prior to making its decision. Notice to interested parties is given by legal advertisement in the local newspaper of general circulation at least 10 calendar days preceding the hearing date. Applications requiring public hearings include change of zoning, variances, use permits, and tentative maps. COUNCIL MEETINGS The City Council regularly meets the first and third Tuesdays of each month. These meetings are held at 6:45 p.m. Closed sessions, when needed, are normally held at 6:00 p.m. Closed sessions cover items such as personnel, litigation, or the sale , purchase, or lease of property. The law requires certain actions taken in closed session to be reported in open session. Urgent business, holidays, or election days may trigger special or adjourned meetings. These meetings will be noticed beforehand. AGENDAS, MINUTES, AND PACKETS AVAILABLE ON THE WEB Agendas, minutes, and packets for current and prior City Council and Planning Commission meetings are available at www.cupertino.org, or you can purchase the items on CD. CITY COUNCIL DECISION IS FINAL Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City's decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's office for more information or go to www.httr)://www.cuoertino.oriz/index.as px?page=125 for a reconsideration petition form. City Council Agenda May 7, 2024 IN -PERSON AND TELECONFERENCE / PUBLIC PARTICIPATION INFORMATION Members of the public wishing to observe the meeting may do so in one of the following ways: 1) Attend in person at Cupertino Community Hall, 10350 Torre Avenue. 2) Tune to Comcast Channel 26 and AT&T U-Verse Channel 99 on your TV. 3) The meeting will also be streamed live on and online at www.Cupertino.org/youtube and www.Cupertino.org/webcast Members of the public wishing to comment on an item on the agenda may do so in the following ways: 1) Appear in person for Closed Session in City Hall, Conference Room C or for Open Session in Cupertino Community Hall. Members of the public may provide oral public comments pertaining to the agenda prior to the beginning of Closed Session and after Roll Call. Members of the public may provide oral public comments during the Open Session as follows: Oral public comments will be accepted during the meeting. Comments may be made during "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, May 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 that wish to share a document must email cityclerk@cupertino.org prior to the meeting. 3) Open Session Teleconferencing Instructions To address the City Council, click on the link below to register in advance and access the meeting: Page 2 City Council Agenda May 7, 2024 Online Register in advance for this webinar: https://cityofcupertino.zoom.us/webinar/register/WN_9BOJFv5PTSGLnicdatAa3A Phone Dial: 669-900-6833 and enter Webinar ID: 972 6237 8809 (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: 972 6237 8809 SIP: 97262378809@zoomcrc.com After registering, you will receive a confirmation email containing information about joining the webinar. Please read the following instructions carefully: 1. You can directly download the teleconference software or connect to the meeting in your internet browser. If you are using your browser, make sure you are using a current and up-to-date browser: Chrome 30+, Firefox 27+, Microsoft Edge 12+, Safari 7+. Certain functionality may be disabled in older browsers, including Internet Explorer. 2. You will be asked to enter an email address and a name, followed by an email with instructions on how to connect to the meeting. Your email address will not be disclosed to the public. If you wish to make an oral public comment but do not wish to provide your name, you may enter "Cupertino Resident" or similar designation. 3. When the Mayor calls for the item on which you wish to speak, click on "raise hand," or, if you are calling in, press *9. Speakers will be notified shortly before they are called to speak. 4. When called, please limit your remarks to the time allotted and the specific agenda topic. 5. Members of the public that wish to share a document must email cityclerk@cupertino.org prior to the meeting. These documents will be posted to the City's website after the meeting. Page 3 City Council Agenda May 7, 2024 ROLL CALL - 6:00 PM 10300 Torre Avenue, Conference Room C CLOSED SESSION Subject: Conference with legal counsel - existing litigation pursuant to Government Code § 54956.9 (City of Cupertino v. Jennifer Chang, Santa Clara County Superior Court Case No. 21CV380291) RECESS CALL TO ORDER - 6:45 PM 10350 Torre Avenue, Community Hall and via Teleconference PLEDGE OF ALLEGIANCE ROLL CALL CLOSED SESSION REPORT CEREMONIAL ITEMS 2. Subject: Recognition of May as Asian American and Pacific Islander Heritage Month Recommended Action: Recognize May as Asian American and Pacific Islander Heritage Month A - Proclamation 3. Subject: Recognition of May as Affordable Housing Month Recommended Action: Recognize May as Affordable Housing 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 Page 4 City Council Agenda May 7, 2024 public comment. CONSENT CALENDAR (Items 4-8) 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. 4. Subject: Approve a fifth amendment with Moore Iacofano Goltsman, Inc. (MIG) to provide additional design and project management services for the Lawrence-Mitty Park and Trail Project for a total not -to -exceed amount of $955,403 and extend the contract date to December 31, 2027(Continued from April 16, 2024) Recommended Action: Authorize the City Manager to execute a fifth amendment (Agreement #402, P.O 2022-0325) with MIG to extend the contract term end date to December 31, 2027, and to provide additional design and project management services on the Lawrence-Mitty Park and Trail Project, for a revised total and additional service amount of $661,619, increasing the maximum compensation amount to $955,403 Staff Rel2ort A - Draft Contract B - Al2ril 16, 2024 Desk Item 5. Subject: Approval of April 16, 2024 City Council minutes Recommended Action: Approve the April 16, 2024 City Council minutes A - Draft Minutes 6. Subject: Setting a hearing date of June 18, 2024 to declare brush with potential fire hazard a public nuisance and for objections to proposed removal through the Cupertino Brush Abatement Program (Wildland-Urban Interface Fire Area); and adopting a resolution declaring properties as having potential fire hazards from brush and authorizing removal Recommended Action: Adopt Resolution No 24-037 declaring properties as having potential fire hazards from brush; and set a hearing date of June 18, 2024 to declare brush with potential fire hazard a public nuisance and to hear objections to proposed removal Page 5 City Council Agenda May 7, 2024 Staff Report A - Draft Resolution B — Property owner 30' WUI Letter C - Property owner 100' WUI Letter D — Wildfire Preparedness Flyer E - Clupning Program Flyer F — Cupertino WUI Map G - Notice of Inspection H - Notice of Violation 7. Subject: Appointment of the City of Cupertino's Bicycle Pedestrian Commission (BPC) representative, Herve Marcy, to the Santa Clara County Valley Transportation Authority (VTA) Bicycle and Pedestrian Advisory Committee (BPAC). Recommended Action: Appoint Herve Marcy to the VTA BPAC for the upcoming term, beginning July 1, 2024 and ends June 30, 2026. Staff Report 8. Subject: Approve a first amendment with HF&H Consultants, LLC, to provide solid waste consultant services for a not -to -exceed amount of $430,000 and extend the contract date to August 31, 2026. Recommended Action: 1. Authorize the City Manager to execute a first amendment with HF&H Consultants, LLC, increasing the contract amount by $80,000 for a new total not -to -exceed contract amount of $430,000, and extending the term from August 31, 2025, to August 31, 2026; 2. Approve a Budget Adjustment in the amount of $80,000 in the Resource Recovery Fund for HF&H Consultants, LLC (520-81-801 750-174); 3. Adopt Resolution No. 24-038 approving budget modification #2324-339, approving a Budget Adjustment in the amount of $80,000 in the Resource Recovery Fund for HF&H Consultants, LLC (520-81-801 750-174). Staff Report A - First Amendment to HF&H Master Agreement B - HF&H MSA for Solid Waste Consulting Services C - Draft Resolution PUBLIC HEARINGS 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. 9. Subject: Fiscal Year 2024-25 Fee Schedule (continued from April 16, 2024) Recommended Action: Continue the item to May 14, 2024 Page 6 City Council Agenda May 7, 2024 ACTION CALENDAR 10. Subject: 2024 Legislative Update Recommended Action: Receive an overview of pending legislation and direct staff to prepare and send letters taking positions on the following: 1) Bay Area Affordable Housing Measure (BAHFA) - Affordable Housing 2) Assembly Bill (AB) 1779 (Irwin) - Public Safety 3) Senate Bill (SB) 1143 (Allen) - Environmental - Waste Management Presenters: Tina Kapoor, Deputy City Manager and Gonsalves and Son Staff Report A - Legislative Update B - 2024 State Legislative Bills of Interest ITEMS REMOVED FROM THE CONSENT CALENDAR CITY MANAGER REPORT ORAL COMMUNICATIONS - CONTINUED COUNCILMEMBER REPORTS 11. Subject: Councilmember Reports A - Councilmember Report, Chao B - Councilmember Report, Fruen C - Cotmcilmember Report, Mohan D - Councilmember Report, Moore E - Councilmember Report, Wei FUTURE AGENDA ITEMS ADJOURNMENT Lobbyist Registration and Reporting Requirements: Individuals who influence or attempt to influence legislative or administrative action may be required by the City of Cupertino's lobbying ordinance (Cupertino Municipal Code Chapter 2.100) to register. and report lobbying activity. Persons whose communications regarding any legislative or administrative are solely limited to appearing at or submitting testimony for any public meeting held by the City are not required to register as lobbyists. For more information about the lobbying ordinance, please contact the City Clerk's Office at 10300 Torre Avenue, Cupertino, CA 95014, telephone (408) 777-3223; email cityclerk@cupertino.org, and website: www.cupertino.org/lobbyist. The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6, litigation challenging a final decision of the City Council must be brought within 90 days after a decision is announced unless a shorter time is required by State or Federal law. Page 7 City Council Agenda May 7, 2024 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.orglcityclerkfor 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 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 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- 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, Housing Commission, Library Commission, Parks and Recreation Commission, Planning Commission, Public Safety Commission, Sustainability Commission, Teen Commission, and Technology, Information, and Communications Commission. Council members also serve on a variety of regional bodies, including: Association of Bay Area Governments League of California Cities Santa Clara County (SCC) Cities Association SCC Emergency Preparedness Council SCC Library District SCC Emergency Preparedness Commission Santa Clara Valley Water Commission and Water District SCC Transportation Authoritym West Valley Mayors and Managers STAFF The City Manager and the City Attorney are appointed by the Council. The City Manager is responsible for interpreting and carrying out Council policies and direction, and as the chief administrative officer, the City Manager coordinates the many activities of the city and appoints the professional and technical staff. The City Attorney is the advisor to the City Council as a whole. TYPES OF COUNCIL ACTIONS ORDINANCES Ordinances are the means by which the City enacts its local laws. Unless an urgent situation exists, ordinances will first be presented at a Council meeting as a "first reading." At a subsequent Council meeting, there will be a "second reading and adoption." Ordinances go into effect after a waiting period of thirty days, in most cases, during which time the summary of the ordinance is published in a local newspaper approved for this purpose. RESOLUTIONS Resolutions and minute orders are the means by which the City Council formally adopts policies or approves specific actions. These go into effect when adopted. APPEALS Any interested person, including a Council member, may appeal a Planning Commission or Director of Community Development decision to the City Council. An appeal must be submitted in writing to the City Clerk within 14 calendar days of the mailing of the notice of the decision. RECONSIDERATION Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City's decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's office for more information or go to www.http://www.cupertino.org/index.aspx?page=125 for a reconsideration petition form. COMMUNICATING WITH COUNCIL All Council members citycouncil@cupertino.gov Sheila Mohan SMohan@cupertino.gov (409) 777-1326 J.R. Fruen JRFruen@cupertino.gov (408) 777-1316 Liang Chao LiangChao@cupertino.gov (408) 777-3192 Kitty Moore KittyMoore@cupertino.gov (408) 777-1389 Hung Wei HWei@cupertino.gov (408) 777-1389 Executive Assistant Debran@cupertino.gov (408) 777-3139 City Hall www.cupertino.gov (408) 777-CITY Please note: the City Council discourages submission of written materials on the day of the meeting as this does not provide enough time to give the materials fair evaluation. If you must provide written materials on the day of the meeting, as least one copy must be given to the City Clerk for the permanent record, and ten copies are preferred. NEWS AND NOTICES FROM CITY HALL EMAIL Sign up for e-notification of agendas, elections, and other news on the city website at www.cupertino.org/notify TELEVISION The City Channel broadcasts City Council and Planning Commission meetings, as well as agenda previews, public service announcements, and other programs of community interest, on Channel 26 in Cupertino. The meetings are shown at these times: Tuesday (live) 6:45 p.m. Friday (replay) 10:00 a.m. Thursday (replay) 7:00 p.m. Saturday (replay) 9:00 a.m. INTERNET City Council and Planning Commission videos are available on demand at www.cupertino.org. Select "I Want To, View City Council meetings". News and community information can also be found at: https://www.facebook.com/cityofcupertino/ https://twitter.com/CityofCupertino https://www.instagram.com/cityofcupertino AUDIO Tune into Radio Cupertino, 1670 AM, for meeting announcements, public service messages, and emergency announcements. USEFUL TELEPHONE NUMBERS City of Cupertino (City Hall) General Information and Comments (408) 777-CITY Fire (Emergency) Santa Clara County Fire Dept. dispatch 911 Fire (Non -Emergency) Santa Clara County Fire Dept. (408) 378-4010 Garbage Recology South Bay (408) 725-4020 Gas & Electricity Pacific Gas & Electric (PG&E) 1-800-743-5000 Recreation & Community Quinlan Community Center (408) 777-3120 Services Police (Emergency) Santa Clara County Sheriff dispatch 911 Police (Non -Emergency) Santa Clara County Sheriff (408) 868-6600 Public Health Santa Clara County Public Health (408) 732-3720 Sanitary Sewers Cupertino Sanitary District (408) 253-7071 Water San Jose Water (408) 279-7900 California Water (650) 917-0152 5TN- T E OF CALI 1C CITY OF CUPERoNO�� i ,i? AN EMPLOYE, - F Te-{ i'(-Y 0_' CL�PLP, I;N'O L? . 1-IT 1tIEi�lT, STATE i_", %' is IT kL' Y (a" ON (i-'CIE) 1�_q� , I PE S 1 �,__ Y NO f iC'i ;',1GL1�IL};� ON TI lE BOARD AT C'I-ry FALL. 1A() _ SIGNXrUR CUPERTINO AGENDA Televised Regular Meeting Open Session (6:45 PM) and Non -Televised Closed Session (10:00 PM) Tuesday, April 16, 2024 6:45 PM 10350 Torre Avenue and via Teleconference and 10300 Torre Avenue City Council SHEILA MOHAN, MAYOR J.R. FRUEN, VICE MAYOR LIANG CHAO, COUNCILMEMBER KITTY MOORS, CO UNCILMEMBER HUNG WEI, CO UNCILMEMBER IN PERSON AND TELECONFERENCE MEETING For more information: (408) 777-3200 1 www.cupertino.gov CONDUCT OF BUSINESS The Mayor is the presiding officer of the City Council. Any member of the public may speak on any item on the agenda for up to three minutes. All statements and questions must be addressed to the Mayor. City Council hearings serve as a venue for the discussion of sometimes divergent points of view. Please respect the opinions of others and refrain from cheering or clapping. That may delay the meeting or intimidate other persons wishing to express alternate views. Actions that disrupt the meeting will result in a warning, followed by removal if disruption continues. Oral public comments will be accepted during the meeting. Comments may be made during "oral communications" for matters not on the agenda, and during the public comment period for each agenda item. Identifying yourself is voluntary and not required to attend the meeting or provide comments. FLOWCHART FOR HEARING ITEMS: Mayor introduces agenda item i Mayor opens the public hearing Councilmembers report any site visits or outside communications. i Staff reports and makes Councilmembers ask clarifying recommendation questions. i Applicant or Appellant For appeals of approvals, the makes presentation applicant may respond to (up to 8 min) appellants presentation. i Councilmembers ask questions of staff or applicantlappellant i Mayor invites members of Speakers submit a Request to Speak the public to speak about card, and are allowed up to 3 minutes the agenda item per individual. Council members may questions of speakers. iask Mayor invites applicant/appellant to respond to public comments (2 min) i Mayor closes the public hearing i The Mayor may request a motion and City Council votes on a second after the close of the public the agenda item hearing. Council then deliberates and votes. PUBLIC HEARINGS The City Council is required by law to hold public hearings on certain matters prior to making its decision. Notice to interested parties is given by legal advertisement in the local newspaper of general circulation at least 10 calendar days preceding the hearing date. Applications requiring public hearings include change of zoning, variances, use permits, and tentative maps. COUNCIL MEETINGS The City Council regularly meets the first and third Tuesdays of each month. These meetings are held at 6:45 p.m. Closed sessions, when needed, are normally held at 6:00 p.m. Closed sessions cover items such as personnel, litigation, or the sale , purchase, or lease of property. The law requires certain actions taken in closed session to be reported in open session. Urgent business, holidays, or election days may trigger special or adjourned meetings. These meetings will be noticed beforehand. AGENDAS, MINUTES, AND PACKETS AVAILABLE ON THE WEB Agendas, minutes, and packets for current and prior City Council and Planning Commission meetings are available at www.cupertino.org, or you can purchase the items on CD. CITY COUNCIL DECISION IS FINAL Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City's decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's office for more information or go to www.httr)://www.cur)ertino.org/index.as px?page=125 for a reconsideration petition form. City Council Agenda April 16, 2024 IN -PERSON AND TELECONFERENCE / PUBLIC PARTICIPATION INFORMATION Members of the public wishing to observe the meeting may do so in one of the following ways: 1) Attend in person at Cupertino Community Hall,10350 Torre Avenue. 2) Tune to Comcast Channel 26 and AT&T U-Verse Channel 99 on your TV. 3) The meeting will also be streamed live on and online at www.Cupertino.org/youtube and www.Cupertino.org/webcast Members of the public wishing to comment on an item on the agenda may do so in the following ways: 1) Appear in person for Open Session in Cupertino Community Hall or for Closed Session in City Hall, Conference Room C. Members of the public may provide oral public comments pertaining to the agenda after Roll Call and prior to the beginning of Closed Session. 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 Open Session or Closed Session by 4:00 p.m. on Tuesday, April 16 to the Council at citycouncil@cupertino.org. These e-mail comments will also be forwarded to Councilmembers by the City Clerk's office before the meeting and posted to the City's website after the meeting. Members of the public that wish to share a document must email cityclerk@cupertino.org prior to the meeting. 3) Open Session Teleconferencing Instructions To address the City Council, click on the link below to register in advance and access the meeting: Page 2 City Council Agenda April 16, 2024 Online Register in advance for this webinar: https://cityofcupertino.zoom.us/webinar/register/WN_vVBSPMfGSoGOXzRzgm34xA Phone Dial: 669-900-6833 and enter Webinar ID: 952 2788 0747 (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: 952 2788 0747 SIP: 95227880747@zoom crc.com After registering, you will receive a confirmation email containing information about joining the webinar. Please read the following instructions carefully: 1. You can directly download the teleconference software or connect to the meeting in your internet browser. If you are using your browser, make sure you are using a current and up-to-date browser: Chrome 30+, Firefox 27+, Microsoft Edge 12+, Safari 7+, Certain functionality may be disabled in older browsers, including Internet Explorer. 2. You will be asked to enter an email address and a name, followed by an email with instructions on how to connect to the meeting. Your email address will not be disclosed to the public. If you wish to make an oral public comment but do not wish to provide your name, you may enter "Cupertino Resident" or similar designation. 3. When the Mayor calls for the item on which you wish to speak, click on "raise hand," or, if you are calling in, press *9. Speakers will be notified shortly before they are called to speak. 4. When called, please limit your remarks to the time allotted and the specific agenda topic. 5. Members of the public that wish to share a document must email cityclerk@cupertino.org prior to the meeting. These documents will be posted to the City's website after the meeting. Page City Council Agenda April 16, 2024 CALL TO ORDER - 6:45 PM 10350 Torre Avenue, Community Hall and via Teleconference PLEDGE OF ALLEGIANCE ROLL CALL CLOSED SESSION REPORT CEREMONIAL ITEMS 1. Subject: Recognition of National Volunteer Week, April 21-27, 2024 Recommended Action: Recognize April 21-27, 2024 as National Volunteer Week POSTPONEMENTS AND ORDERS OF THE DAY 2. Subject: Fiscal Year 2024-25 Fee Schedule Recommended Action: Continue the item to May 7, 2024 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 3-10) 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. 3. Subject: Approval of April 3, 2024 City Council minutes Recommended Action: Approve the April 3, 2024 City Council minutes Page 4 City Council Agenda April 16, 2024 A - Draft Minutes 4. Subject: Ratifying Accounts Payable for the periods ending March 1, 2024; March 8, 2024; March 15, 2024; March 22, 2024; and March 29, 2024 Recommended Action: A. Adopt Resolution No. 24-031 ratifying Accounts Payable for the Period ending March 1, 2024; B. Adopt Resolution No. 24-032 ratifying Accounts Payable for the Period ending March 8, 2024; C. Adopt Resolution No. 24-033 ratifying Accounts Payable for the Period ending March 15, 2024; D. Adopt Resolution No. 24-034 ratifying Accounts Payable for the Period ending March 22, 2024; and E. Adopt Resolution No. 24-035 ratifying Accounts Payable for the Period ending March 29, 2024 Staff report A — Draft Resolution 3.1.24 B — Weekly AP Payment Register for the Period Ending`3.1.24 C — Draft Resolution 3.8.24 D — Weekly AP Payment Register for the Period Ending 3.8.24 E — Draft Resolution 3.15.24 F — Weekly AP Payment Register for the Period Ending 3.15.24 G — Draft Resolution 3.22.24 H — Weekly AP Payment Register for the Period Ending 3.22.24 1— Draft Resolution 3.29.24 1— Weekly AP Payment Register for the Period Ending 3.29.24 5. Subject: Adoption of Ordinance No. 24-2257, Regulating the Sale of Tobacco Products Recommended Action: Conduct the second reading and enact Ordinance No. 24-2257, entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING CHAPTER 5.50 OF TITLE 5 (BUSINESS LICENSES AND REGULATIONS) TO REGULATE THE SALE OF TOBACCO PRODUCTS" Staff Report A — Draft Ordinance No. 24-2257 (Amending Municipal Code Chapter 5.50) 6. Subject: Adoption of Ordinance No. 24-2258, Amendment to a Development Agreement for the Cupertino Village Boutique Hotel Project from five to eight years and associated environmental review. (Application No(s): DA-2023-002; Applicant(s): KIMCO (Sunil Plaha); Location: 10801 and 10805 N. Wolfe Rd.; APN: 316 45 017, 316 05 056) Recommended Action: Conduct the second reading and enact Ordinance No. 24-2258: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO APPROVING AN AMENDMENT TO A DEVELOPMENT AGREEMENT FOR THE CUPERTINO VILLAGE BOUTIQUE HOTEL" Page 5 City Council Agenda April 16, 2024 Staff Report A — Draft Ordinance No. 24-2258 7. Subject: Adoption of Ordinance No. 24-2259, Amendment to a Development Agreement for the De Anza Hotel Project from five to eight years and associated environmental review. (Application No(s): DA-2023-003; Applicant(s): De Anza Properties (John Vidovich); Location:10931 N De Anza Blvd.; APN: 326-10-061) Recommended Action: Conduct the second reading and enact Ordinance No. 24-2259: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO APPROVING AN AMENDMENT TO A DEVELOPMENT AGREEMENT FOR THE DE ANZA HOTEL PROJECT" Staff Report A — Draft Ordinance No. 24-2259 8. Subject: Award a construction contract for the De Anza Boulevard Buffered Bike Lanes Project (Project) in the amount of $529,680 and approve a budget modification in the amount of $5,533. Recommended Action: 1. Award a construction contract for the De Anza Boulevard Buffered Bike Lanes Project (Budget Unit 420-99-262) in the amount of $529,680 to Chrisp Company; 2. Authorize the City Manager to execute the contract when all conditions have been met; and 3. Adopt Resolution No. 24-036 approving budget modification #2324-237, approving an appropriation of $5,533 in the Capital Improvement Fund (420) and a transfer of $5,533 from the Capital Reserve Fund (429) to the project (budget unit 420-99-262 900-905) for a total authorized project expenditure of $529,680. Staff Report A - Draft Contract B - Draft Resolution 9. Subject: Approve a fifth amendment with Moore Iacofano Goltsman, Inc. (MIG) to provide additional design and project management services for the Lawrence-Mitty Park and Trail Project for a total not -to -exceed amount of $955,403 and extend the contract date to December 31, 2027. Recommended Action: Authorize the City Manager to execute a fifth amendment (Agreement #402, P.O 2022-0325) with MIG to extend the contract term end date to December 31, 2027, and to provide additional design and project management services on the Lawrence-Mitty Park and Trail Project, for a revised total and additional service amount of $661,619, increasing the maximum compensation amount to $955,403. Staff Report A - Draft Contract Page 6 City Council Agenda April 16, 2024 10. Subject: Fiscal Year (FY) 2024-25 recommended funding allocations for the Community Development Block Grant (CDBG) Program and Below Market Rate Affordable Housing Fund (BMR AHF) Recommended Action: Authorize the City Manager to execute the FY 2024-25 Housing & Human Services Grant Programs funding agreements. Staff Report A - FY 2024-25 NOFA RFP B - Housing Commission Resolution 17-02 (CDBG Contingency Plan) C - FY 2024-25 CDBG & BMR AHF Funding A1212lication Summary D - FY 2023-24 CDBG, BMR AHF, and HSG Public Service Funding Allocations 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 planningocupertino.org. Plans will also be made available digitally during the hearing to consider the proposal. ACTION CALENDAR 11. Subject: Potential service -level reductions for the FY 2024-25 Proposed and Final Budgets Recommended Action: Provide confirmation on potential service -level reductions for the FY 2024-25 Proposed and Final Budgets Presenters: Kristina Alfaro, Director of Administrative Services and Thomas Leung, Budget Manager Staff report A — Public Works Sidewalk and Trees Follow -Lip STUDY SESSION 12. Subject: Study Session and staff presentation on the 6th Cycle Housing Element Update Recommended Action: Receive the staff presentation on the 6th Cycle Housing Element Update Presenter: Luke Connolly, Assistant Director of Community Development ITEMS REMOVED FROM THE CONSENT CALENDAR CITY MANAGER REPORT ORAL COMMUNICATIONS - CONTINUED Page 7 City Council Agenda April 16, 2024 COUNCILMEMBER REPORTS 13. Subject: Councilmember Reports A - Councilmember Report, Chao B - Councilmember Report, Fruen C - Councilmember Report, Mohan D - Councilmember Report, Moore E - Councilmember Report, Wei FUTURE AGENDA ITEMS RECESS ROLL CALL -10:00 PM 10300 Torre Avenue, City Hall Conference Room C CLOSED SESSION 14. Subject: Conference with legal counsel - existing litigation pursuant to Government Code § 54956.9 (Lewis & Tibbits, Inc. v. City of Cupertino, Santa Clara County Superior Court Case No. 23CV423990) OPEN SESSION REPORT REGARDING CLOSED SESSION ADJOURNMENT Lobbyist Registration and Reporting Requirements: Individuals who influence or attempt to influence legislative or administrative action may be required by the City of Cupertino's lobbying ordinance (Cupertino Municipal Code Chapter 2.100) to register and report lobbying activity. Persons whose communications regarding any legislative or administrative are solely limited to appearing at or submitting testimony for any public meeting held by the City are not required to register as lobbyists. For more information about the lobbying ordinance, please contact the City Clerk's Office at 10300 Torre Avenue, Cupertino, CA 95014, telephone (408) 777-3223; email cityclerk@cupertino.org, and website: www.cupertino.org/lobbyist. The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6; litigation challenging a final decision of the City Council must be brought within 90 days after a decision is announced unless a shorter time is required by State or Federal law. Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City's decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's office for more information or go to http://www.cupertino.org/cityclerkfor a reconsideration petition form. Page 8 City Council Agenda April 16, 2024 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 NOTICE: Please be advised that pursuant to Cupertino Municipal Code section 2.08.100 written communications sent to the Cupertino City Council, Commissioners or City staff concerning a matter on the agenda are included as supplemental material to the agendized item. These written communications are accessible to the public through the City's website and kept in packet archives. Do not include any personal or private information in written communications to the City that you do not wish to make public, as written communications are considered public records and will be made publicly available on the City website. Page 9 THE CITY COUNCIL AND STAFF CITY COUNCIL Cupertino is a General Law city organized under and subject to statutes of the State of California. It is governed by the five -member City Council with the Mayor as the presiding officer. City Council members are elected at -large to four-year, overlapping terms. Each November a mayor and a vice -mayor are selected by the City Council for a one- 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, Housing Commission, Library Commission, Parks and Recreation Commission, Planning Commission, Public Safety Commission, Sustainability Commission, Teen Commission, and Technology, Information, and Communications Commission. Council members also serve on a variety of regional bodies, including: Association of Bay Area Governments League of California Cities Santa Clara County (SCC) Cities Association SCC Emergency Preparedness Council SCC Library District SCC Emergency Preparedness Commission Santa Clara Valley Water Commission and Water District SCC Transportation Authoritym West Valley Mayors and Managers STAFF The City Manager and the City Attorney are appointed by the Council. The City Manager is responsible for interpreting and carrying out Council policies and direction, and as the chief administrative officer, the City Manager coordinates the many activities of the city and appoints the professional and technical staff. The City Attorney is the advisor to the City Council as a whole. TYPES OF COUNCIL ACTIONS ORDINANCES Ordinances are the means by which the City enacts its local laws. Unless an urgent situation exists, ordinances will first be presented at a Council meeting as a "first reading." At a subsequent Council meeting, there will be a "second reading and adoption." Ordinances go into effect after a waiting period of thirty days, in most cases, during which time the summary of the ordinance is published in a local newspaper approved for this purpose. RESOLUTIONS Resolutions and minute orders are the means by which the City Council formally adopts policies or approves specific actions. These go into effect when adopted. APPEALS Any interested person, including a Council member, may appeal a Planning Commission or Director of Community Development decision to the City Council. An appeal must be submitted in writing to the City Clerk within 14 calendar days of the mailing of the notice of the decision. RECONSIDERATION Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City's decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's office for more information or go to www.http://www.cupertino.org/index.aspx?page=125 for a reconsideration petition form. COMMUNICATING WITH COUNCIL All Council members: citycouncil@cupertino.gov Sheila Mohan SMohan@cupertino.gov (408) 777-1326 J.R. Fruen JRFruen@cupertino.gov (408) 777-1316 Liang Chao LiangChao@cupertino.gov (408) 777-3192 Kitty Moore KittyMoore@cupertino.gov (408) 777-1389 Hung Wei HWei@cupertino.gov (408) 777-1389 Executive Assistant Debran@cupertino.gov (408) 777-3139 City Hall www.cupertino.gov (408) 777-CITY Please note: the City Council discourages submission of written materials on the day of the meeting as this does not provide enough time to give the materials fair evaluation. If you must provide written materials on the day of the meeting, as least one copy must be given to the City Clerk for the permanent record, and ten copies are preferred. NEWS AND NOTICES FROM CITY HALL EMAIL Sign up for e-notification of agendas, elections, and other news on the city website at www.cupertino.org/notify TELEVISION The City Channel broadcasts City Council and Planning Commission meetings, as well as agenda previews, public service announcements, and other programs of community interest, on Channel 26 in Cupertino. The meetings are shown at these times: Tuesday (live) 6:45 p.m. Friday (replay) 10:00 a.m. Thursday (replay) 7:00 p.m. Saturday (replay) 9:00 a.m. INTERNET City Council and Planning Commission videos are available on demand at www.cupertino.org. Select "I Want To, View City Council meetings". News and community information can also be found at: https://www.facebook.com/cityofcupertino/ https://twitter.com/CityofCupertino https://www.instagram.com/cityofcupertino AUDIO Tune into Radio Cupertino, 1670 AM, for meeting announcements, public service messages, and emergency announcements. USEFUL TELEPHONE NUMBERS City of Cupertino (City Hall) Fire (Emergency) Fire (Non -Emergency ) Garbage Gas & Electricity Recreation & Community Services Police (Emergency) Police (Non -Emergency) Public Health Sanitary Sewers Water General Information and Comments (408) 777-CITY Santa Clara County Fire Dept. dispatch 911 Santa Clara County Fire Dept. (408) 378-4010 Recology South Bay (408) 725-4020 Pacific Gas & Electric (PG&E) 1-800-743-5000 Quinlan Community Center (408) 777-3120 Santa Clara County Sheriff dispatch 911 Santa Clara County Sheriff (408) 868-6600 Santa Clara County Public Health (408) 732-3720 Cupertino Sanitary District (408) 253-7071 San Jose Water (408) 279-7900 California Water (650) 917-0152 STATE OF CALIF(DRNIA ) CITY OF CUPERTILVO ) SS. C�i"t_Y OF N-Ra ) r AN AGENDC C'Y OF CLIPFRT1N0 _ D E PA RT CUPERTINO CITY COUNCIL;p ;,;:jENA14-t-Yi OF 10350 Torre Avenue, Council Chamber and vial ele'onference [ i' �..St!NIA [_I Y Wednesday, April 3, 2024 c 1 ;, y,r r'. i ON "1 h E 5:15 PNIJ CLL r '1IN BC ,-\!�:) A` nCITY fIALL. � Ivy PUBLIC HEARINGS WILL NOT BEGI `BAR ' IER THAN 6:45 PM S [ G TNAT U R E Televised Special 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. 2) E-mail comments by 4:00 p.m. on Wednesday, April 3 to the Council at citycouncil@cupertino.org. These e-mail comments will also be forwarded to Councilmembers by the City Clerk's office before the meeting and posted to the City's website after the meeting. Members of the public that wish to share a document must email cityclerk@cupertino.org prior to the meeting. 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. Page 1 City Council Agenda April 3, 2024 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. 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:Hcityofcupertino.zoom.us/webinar/register/WN_KjseLO5KQSCilGmv8v-i_w Phone Dial: 669-900-6833 and enter Webinar ID: 929 70314784 (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: 929 70314784 SIP: 929703147840zoomcrc.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. Page 2 City Council Agenda April 3, 2024 3. When the Mayor calls for the item on which you wish to speak, click on "raise hand," or, if you are calling in, press *9. Speakers will be notified shortly before they are called to speak. 4. When called, please limit your remarks to the time allotted and the specific agenda topic. 5. Members of the public that wish to share a document must email cityclerk@cupertino.org prior to the meeting. These documents will be posted to the City's website after the meeting. 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, April 03, 2024, commencing at 5:15 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 ALLEGIANCE ROLL CALL STUDY SESSION 1. Subject: Two-year FY 2023-2025 City Work Program Recommended Action: Reaffirm and accept minor modifications to the two-year FY 2023-2025 City Work Program Presenters: Matt Morley, Assistant City Manager and Astrid Robles, Senior Management Analyst Staff Report A - FY 2023-2025 City Work Program as Adopted A12612023 and Status Updates B - Commission Proposals C - Proposed FY 2024-2025 City Work Program RECESS CLOSED SESSION REPORT CEREMONIAL ITEMS 2. Subject: Recognition of April as Fair Housing Month Recommended Action: Recognize April as Fair Housing Month Page 3 City Council Agenda April 3, 2024 Planning Division to view them at City Hall by sending an email to planning@ctipertino.org. Plans will also be made available digitally during the hearing to consider the proposal. 7. Subject: Amendment to a Development Agreement for the Cupertino Village Boutique Hotel Project from five to eight years and associated environmental review. (Application No(s): DA-2023-002; Applicant(s): KIMCO (Sunil Plaha); Location: 10801 and 10805 N. Wolfe Rd.; APN: 316 45 017,316 05 056) Recommended Action: That the City Council conduct the public hearing and conduct the first reading of Ordinance No. 24-2258, entitled: "APPROVING AN AMENDMENT TO A DEVELOPMENT AGREEMENT FOR THE CUPERTINO VILLAGE BOUTIQUE HOTEL" (Attachment A): 1. Find the amendment to the existing development agreement consistent with the project's Mitigated Negative Declaration (State Clearinghouse No. 2018112025) and 2. Adopt the ordinance to amend the existing Development Agreement (DA-2023-002). Presenter: Gian Martire, Senior Planner Staff Report A - Draft Ordinance No. 24-2258 B — Planning Commission Resolution No. 2024-03 C - Ordinance No. 19-2186 D- Justification Letter E — Public Comments 8. Subject: Amendment to a Development Agreement (DA-2018-01) for the De Anza Hotel Project from five to eight years and associated environmental review. (Application No(s): DA-2023-003; Applicant(s): De Anza Properties (John Vidovich); Location: 10931 N De Anza Blvd.; APN: 326-10-061) Recommended Action: That the City Council conduct the public hearing and conduct the first reading of Ordinance No. 24-2259, entitled: "APPROVING AN AMENDMENT TO A DEVELOPMENT AGREEMENT FOR THE DE ANZA HOTEL PROJECT" (Attachment A): 1. Find the amendment to the existing development agreement consistent with the project's Mitigated Negative Declaration (State Clearinghouse No. 2019079010) and 2. Adopt the ordinance to amend the existing Development Agreement (DA-2023-003). Presenter: Gian Martire, Senior Planner Staff Report A - Draft Ordinance No. 24-2259 B — Planning Commission Resolution No. 2024-03 C- Ordinance No. 20-2195 D- Justification Letter E — Public Comments ACTION CALENDAR Page 6 City Council Agenda April 3, 2024 9. Subject: Memorial Park Specific Plan Design and the Parks and Recreation System Master Plan Initial Study/Mitigated Negative Declaration Addendum. Recommended Action: 1. Adopt Resolution No. 24-030, Addendum to the Parks and Recreation System Master Plan Initial Study/Mitigated Negative Declaration; and 2. Approve the Memorial Park Specific Plan Design. Presenter: Susan Michael, Capital Improvement Programs Manager Staff Report A - MPSP Report B - MPSP Report Appendices C - PRSMP IS-MND Addendum-MPSP D - PRSMP IS-MND Addendum-MPSP Appendices B-F E - Draft Resolution ITEMS REMOVED FROM THE CONSENT CALENDAR CITY MANAGER REPORT ORAL COMMUNICATIONS - CONTINUED COUNCILMEMBER REPORTS 10. Subject: Councilmember Reports A - Council Reports, Chao B - Council Reports, Fruen C - Council Reports, Mohan D - Council Reports, Moore E - Council Reports, Wei FUTURE AGENDA ITEMS ADJOURNMENT Lobbyist Registration and Reporting Requirements: Individuals who influence or attempt to influence legislative or administrative action may be required by the City of Cupertino's lobbying ordinance (Cupertino Municipal Code Chapter 2.100) to register and report lobbying activity. Persons whose communications regarding any legislative or administrative are solely limited to appearing at or submitting testimony for any public meeting held by the City are not required to register as lobbyists. For more information about the lobbying ordinance, please contact the City Clerk's Office at 10300 Torre Avenue, Cupertino, CA 95014, telephone (408) 777-3223; email cityclerk@cupertino.org, and website: www.citpertino.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. Page 7 City Council Agenda April 3, 2024 Prior to seeking judicial review of any adjudieatory (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. 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 8 ,isCITY OF CUP-ERTINVO- -- ' AGENDAA"-'If- CUPERTINO CITY COUNCIL, � t ",\L' �t�i, 10350 Torre Avenue, Council Chamber and _via _Tetec�ii _erence ( f ,� RR. (_L Y Tuesday, March 19 2024 I ( i L +:_' 5:15 Pi�I' �LLL lIN 1;C1,�.i:i) Al Ci i'Y flr`>LL. _fl) P�_ Televised Special Meeting (5:15) and Regulai ty Council Meeting (6:45) SIG iN I'LI RE 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. 2) E-mail comments by 4:00 p.m. on Tuesday, March 19 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. 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 1 City Council Agenda March 19, 2024 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: http s://cityofcupertino.zoom.us/webinar/register/WN_iLUF531 GR4uLfCyHb VDB dA Phone Dial: 669-900-6833 and enter Webinar ID: 9171004 6201(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) 213.19.144.110 (Amsterdam Netherlands) Meeting ID: 9171004 6201 SIP: 91710046201Czoomcrc.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 City Council Agenda March 19, 2024 if you are calling in, press *9. Speakers will be notified shortly before they are called to speak. 4. When called, please limit your remarks to the time allotted and the specific agenda topic. 5. Members of the public that wish to share a document must email cityclerk@cupertino.org prior to the meeting. These documents will be posted to the City's website after the meeting. 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, March 19, 2024, commencing at 5:15 p.m. in Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, California 95014 and via teleconference. Said special meeting shall be for the purpose of conducting business on the subject matters listed below under the heading, "Special Meeting." SPECIAL MEETING ROLL CALL - 5:15 PM STUDY SESSION 1. Subject: Capital Improvement Programs (CIP) Fiscal Year (FY) 2024/2025 and Five-year Plan. Recommended Action: Receive presentation and provide input on the development of the proposed CIP FY 2024/2025 and five-year plan. Presenter: Susan Michael, Capital Improvement Programs Manager Staff Report A-FY 2024-25 CIP new Project Narratives B-FY 2024-25 CIP 5-year Project Info C-Master Plans Project Lists D-Capital Reserve Info ADJOURNMENT CALL TO ORDER - 6:45 PM PLEDGE OF ALLEGIANCE ROLL CALL CLOSED SESSION REPORT REGULAR MEETING Page 3 City Council Agenda March 19, 2024 CEREMONIAL ITEMS 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 1- 7) 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. 1. Subject: Second Amendment to the master agreement with Richard Yau to provide program and project management consultant services on various Capital Improvement Programs (CIP ) projects, for a not -to -exceed amount of $470,000. (Postponed from March S, 2024) Recommended Action: Authorize the City Manager to execute a Second Amendment to the master agreement with Richard Yau to provide program and project management consultant services on various Capital Improvement Programs projects, increasing the contract amount by $300,000 for a new total not -to -exceed contract amount of $470,000 and extending the term of the agreement to June 30, 2027. Staff Report A - Draft Second Amendment B - Exemption Request C - Supplemental Report 2. Subject: Approve the March 4, 2024 City Council Minutes Recommended Action: Approve the March 4, 2024 City Council Minutes A - Draft Minutes Page 4 City Council Agenda March 19, 2024 3. Subject: Approve the March 5, 2024 City Council minutes Recommended Action: Approve the March 5, 2024 City Council. minutes A - Draft Minutes 4. Subject: Revisions to Cupertino City Council Procedures Manual Recommended Action: Adopt Resolution No. 24-024 amending the Cupertino City Council Procedures Manual Staff Report A - Draft Resolution No. 24-024 and Exhibit A (Revised Cupertino City Council Procedures Manual) B - Proposed Amendments to Cupertino City Council Procedures Manual (redline) 5. Subject: Adoption of Ordinance No. 24-2256, to regularize commissioner appointments and revise commissioner qualifications Recommended Action: Conduct the second reading of and adopt Ordinance No. 24-2256, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO TO REGULARIZE CITY COMMISSION AND COMMITTEE TERMS AND REVISE COMMISSIONER QUALIFICATIONS" Staff Red ort A - Draft Ordinance No. 24-2256 6. Subject: Ratifying Accounts Payable for the periods ending February 2, 2024; February 9, 2024; February 16, 2024; and February 23, 2024 Recommended Action: A. Adopt Resolution No. 24-025 ratifying Accounts Payable for the Period ending February 2, 2024; B. Adopt Resolution No. 24-026 ratifying Accounts Payable for the Period ending February 9, 2024; C. Adopt Resolution No. 24-027 ratifying Accounts Payable for the Period ending February 16, 2024; and D. Adopt Resolution No. 24-028 ratifying Accounts Payable for the Period ending February 23, 2024 Staff report A - Draft Resolution No. 24-025 B - Weekly AP Payment Register for the Period Ending 2.2.24 C - Draft Resolution No. 24-026 D - Weekly AP Payment Register for the Period Ending 2.9.24 E - Draft Resolution No. 24-027 F - Weekly AP Payment Register for the Period Ending 2.16.24 G - Draft Resolution No. 24-028 H - Weekly AP Payment Register for the Period Ending 2.23.24 7. Subject: 2023 General Plan and Housing Element Annual Progress Report (APR) Recommended Action: Receive the General Plan and Housing Element APRs Page 5 City Council Agenda March 19, 2024 Staff Report A - 2023 General Plan APR B - 2023 Housing Element APR 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 plan ningecupertino.org. Plans will also be made available digitally during the hearing to consider the proposal. ACTION CALENDAR 8. Subject: Review city -owned properties Recommended Action: Review city -owned properties and provide direction to proceed with exploring rehabilitation and future use of the Stocklmeir site Presenter: Matt Morley, Assistant City Manager Staff Report A - City Owned Property List COUNCIL REPORTS AND COMMENTS 9. Subject: Councilmember Reports A - Council Reports, Chao B - Council Reports, Fruen C - Council Reports, Mohan D - Council Reports, Wei 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. 10. Subject: FY 23-25 City work Program Q2 update Recommended Action: Receive FY 23-25 City work Program Q2 update Informational Memorandum A — FY 23-25 City Work Program 02 Dashboard Printout 11. Subject: The Rise Development Project (formerly Vallco Town Center) update #2 (Dec 5, 2023 Informational Update follow-up) Page 6 City Council Agenda March 19, 2024 Recommended Action: Receive Rise Development Project Update Informational Memorandum 12. Subject: Receive the Monthly Treasurer's Report for February 2024 Recommended Action: Receive the Monthly Treasurer's Report for February 2024 Staff Report A — Report of City-wide Receipts, Disbursements, and Cash Balances February 2024 B — Report of City-wide Fund BalancesNet Position February 2024 13. Subject: Receive the Monthly Treasurer's Investment Report for February 2024 Recommended Action: Receive the Monthly Treasurer's Investment Report for February 2024 A - Chandler Investment Report February 2024 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 95014, telephone (408) 777-3223; email cityclerkocupertino.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/cittjclerkfor 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 Page 7 City Council Agenda March 19, 2024 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 agendalminutes 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 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- 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, Housing Commission, Library Commission, Parks and Recreation Commission, Planning Commission, Public Safety Commission, Sustainability Commission, Teen Commission, and Technology, Information, and Communications Commission. Council members also serve on a variety of regional bodies, including: Association of Bay Area Governments League of California Cities Santa Clara County (SCC) Cities Association SCC Emergency Preparedness Council SCC Library District SCC Emergency Preparedness Commission Santa Clara Valley Water Commission and Water District SCC Transportation Authoritym West Valley Mayors and Managers STAFF The City Manager and the City Attorney are appointed by the Council. The City Manager is responsible for interpreting and carrying out Council policies and direction, and as the chief administrative officer, the City Manager coordinates the many activities of the city and appoints the professional and technical staff. The City Attorney is the advisor to the City Council as a whole. TYPES OF COUNCIL ACTIONS ORDINANCES Ordinances are the means by which the City enacts its local laws. Unless an urgent situation exists, ordinances will first be presented at a Council meeting as a "first reading." At a subsequent Council meeting, there will be a "second reading and adoption." Ordinances go into effect after a waiting period of thirty days, in most cases, during which time the summary of the ordinance is published in a local newspaper approved for this purpose. RESOLUTIONS Resolutions and minute orders are the means by which the City Council formally adopts policies or approves specific actions. These go into effect when adopted. APPEALS Any interested person, including a Council member, may appeal a Planning Commission or Director of Community Development decision to the City Council. An appeal must be submitted in writing to the City Clerk within 14 calendar days of the mailing of the notice of the decision. RECONSIDERATION Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City's decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's office for more information or go to www.http://www.cupertino.org/index.aspx?page=125 for a reconsideration petition form. COMMUNICATING WITH COUNCIL All Council members: citycouncil@cupertino.gov Sheila Mohan SMohan@cupertino.gov (408) 777-1326 J.R. Fruen JRFruen@cupertino.gov (408) 777-1316 Liang Chao LiangChao@cupertino.gov (408) 777-3192 Kitty Moore KittyMoore@cupertino.gov (408) 777-1389 Hung Wei HWei@cupertino.gov (408) 777-1389 Executive Assistant Debran@cupertino.gov (408) 777-3139 City Hall www.cupertino.gov (408) 777-CITY Please note: the City Council discourages submission of written materials on the day of the meeting as this does not provide enough time to give the materials fair evaluation. If you must provide written materials on the day of the meeting, as least one copy must be given to the City Clerk for the permanent record, and ten copies are preferred. NEWS AND NOTICES FROM CITY HALL EMAIL Sign up for e-notification of agendas, elections, and other news on the city website at www.cupertino.org/notify TELEVISION The City Channel broadcasts City Council and Planning Commission meetings, as well as agenda previews, public service announcements, and other programs of community interest, on Channel 26 in Cupertino. The meetings are shown at these times: Tuesday (live) 6:45 p.m. Friday (replay) 10:00 a.m. Thursday (replay) 7:00 p.m. Saturday (replay) 9:00 a.m. INTERNET City Council and Planning Commission videos are available on demand at www.cupertino.org. Select "I Want To, View City Council meetings". News and community information can also be found at: https://www.facebook.com/cityofcupertino/ https://twitter.com/CityofCupertino https://www.instagram.com/cityofcupertino AUDIO Tune into Radio Cupertino, 1670 AM, for meeting announcements, public service messages, and emergency announcements. USEFUL TELEPHONE NUMBERS City of Cupertino (City Hail) Fire (Emergency) Fire (Non -Emergency } Garbage Gas & Electricity Recreation & Community Services Police (Emergency) Police (Non -Emergency) Public Health Sanitary Sewers Water General Information and Comments (408) 777-CITY Santa Clara County Fire Dept. dispatch 911 Santa Clara County Fire Dept. (408) 378-4010 Recology South Bay (408) 725-4020 Pacific Gas & Electric (PG&E) 1-800-743-5000 Quinlan Community Center (408) 777-3120 Santa Clara County Sheriff dispatch 911 Santa Clara County Sheriff (408) 868-6600 Santa Clara County Public Health (408) 732-3720 Cupertino Sanitary District (408) 253-7071 San Jose Water (408) 279-7900 California Water (650) 917-0152 CITY OF CUPERTILIFORNIA SS. ('()L1NTY OF SAL A CLARzA ) 01 AGENDAS , AN C U P E RT I N O CITY COUNCIL . __ D L PA RT- h���I E t_tN!)ER PA4� LT OF 10350 Torre Avenue, Council Charr ber and via TO c6gf6 t'QTuesday, March 5, 2024 �i` I PP. ,, 5:00 PM - ilE NO r?CE/AGENT )A ON TI-IE jLLETIN BOARD AT CITY HALL. Televised Special Meeting (5:00) and Regular City Council Meeting (6:45) SIGN.ATL'RE 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. 2) E-mail comments by 4:00 p.m. on Tuesday, March 5 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. 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 1 City Council Agenda March 5, 2024 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://cityofcwpertino.zoom.us/webinar/register/WN_YoyG6tsjTt6-4UdaNbLrQ Pi one Dial: 669-900-6833 and enter Webinar ID: 944 5.378 0692 (Type *9 to raise hand to speak, *6 to unmute yourself). Unregistered participants will be called on by l , e Last four digits of their phone number. Or an H.323/SIP room system: H..323: 1162.255.3'7.11(US West) 162.255.36.11 (US East) Meeting ID: 944 5378 0692 SIP: 944537806920zoomcrc.com After registering, you will receive a confirmation email containing information about joining the webinar. Please read the following instructions care ully- 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 March 5, 2024 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 be 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, March 05, 2024, 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 ROLL CALL - 5:00 PM STUDY SESSION 1. Subject: Revisions to Cupertino City Council Procedures Manual (tabled from September 6, 2023) Recommended Action: Provide input regarding revisions to Cupertino City Council Procedures Manual Presenter: Christopher Jensen, City Attorney Staff Report A - Resolution No. 23-021 (Cupertino City Council Procedures Manual) B — Enterprise Leadership Assessment ADJOURNMENT REGULAR MEETING CALL TO ORDER - 6:45 PM PLEDGE OF ALLEGIANCE ROLL CALL CLOSED SESSION REPORT CEREMONIAL ITEMS 1. Subject: Recognition of March as American Red Cross Month Recommended Action: Recognize March as American Red Cross Month Page 3 City Council Agenda March 5, 2024 A - Proclamation 2. Subject: Recognition of March as Youth Art Month Recommended Action: Recognize March as Youth Art 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 ordinardy 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 cornpcents 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 councilmernber may, however, briefly respond to staternetcts made or questions posed by speakers. A councilinember 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 facture City Council agenda in response to public comment. CONSENT CALENDAR (Items 3-5) 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 parable, and second readings of ordinances. Anil inember of the Council may request to have an item reproved 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. 3. Subject: Approve the February 21, 2024 City Council minutes Recommended Action: Approve the February 21, 2024 City Council minutes A - Draft Minutes 4. Subject,: Second reading of an ordinance to make amendments to the Cupertino Municipal Code Chapter 3.22 (Purchase ase of Supplies, Materials, Equip rnent and Services) and Chapter 3.23 (Public Works Contract and Bidding Procedures) of Title 3 (Revenue and Finance) Recommended Action: Conduct the second reading and enact Ordinance No. 24-2255: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING CHAPTERS 3.22 AND 3.23" Page 4 City 'Council Agenda March 5, 2024 Staff report A - Draft Ordinance No. 24-2255 5. Subject: Second Amendment to the master agreement with Richard Yau to provide program and project management consultant services on various Capital Improvement Programs (CIP ) projects, for a not -to -exceed amount of $470,000. Recommended Action: Authorize the City Manager to execute a Second Amendment to the master agreement with Richard Yau to provide program and project management consultant services on various Capital Improvement Programs projects, increasing the contract amount by $300,000 for a new total not -to -exceed contract mount of $470,000 and extending the term of the agreement to June 30, 2027. Staff Report A - Draft Second Amendment B - Exemption Request PUBLIC HEARINGS Effective January 1, 2023, Government Code Section 65103.5 (SB 1214) limits the distribution of copyrighted ,material associated with the review of developnient 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 theni at City Hall by sending an einail to plciiiiiing «lcupertiiio.org. Plans will also be inade available digitally during the hearing to consider the Proposal. 6. Subject: Consider an appeal of the Plaruling Commission's decision to approve a sign exception to allow two wall signs for a single tenant (Shane Co.) at an existing retail building (Application No(s): EXC-2'022-004; Applicant/Appellant: Kevin Tallman, Shane Co.; Location: 19900 Stevens Creek Blvd.; APN: 369-05-044) Recommended Action: Conduct a public hearing and adopt Resolution No. 24-021 upholding the appeal in part, approving an exception for one of the two -requested wall signs along the east facade Presenter: Gian Martire, Senior Planner Staff Report A - Draft Resolution No. 24-021 B - Appeal Form C - Planning Commission Resolution No. 2023-24 D - Plan Set E - Customer Sign Presentation ACTION CALENDAR 7. Subject: Revisions to City commission and committee administration, procedure, and governance, including an ordinance to regularize commissioner appointments and revise commissioner qualifications; and resolutions adopting revisions to advisory bodies appointment process and Commissioners' Handbook. Page 5 City Council Agenda March 5, 2024 Recommended Action: I. Conduct the first reading of Ordinance No. 24-2256 "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO TO REGULARIZE CITY COMMISSION AND COMMITTEE TERMS AND REVISE COMMISSIONER QUALIFICATIONS." 2. Adopt Resolution No. 24-022 to repeal and replace Resolution No. 16-137, regarding City advisory bodies. 3. Adopt Resolution No. 24-023 revising the Commissioners' Handbook. Presenter: Christopher Jensen, City Attorney Staff Report A - Draft Ordinance No. 24-2256 (Clean) B - Draft Ordinance No. 24-2256 (Redline) C - Draft Resolution No. 24-022 (Clean) D - Draft Resolution No. 24-022 (Redline) E - Draft Resolution No. 24-023 F - Draft Commissioners' Handbook (Redline) 8. Subject: Consider list of agenda items requested by City Councilmembers ("TBD List"). Recommended Action: Review the TBD list and modify the list as recommended below. Presenter: Pamela Wu, City Manager Staff Report COUNCIL REPORTS AND COMMENTS 9. Subject : Councilmernber Reports A - Council Reports, Chao B - Council Reports, Fruen C - Council Reports, Mohan D - Council Reports, Moore E - Council Reports, Wei CITY MANAGER REPORT ORAL COMMUNICATIONS - CONTINUED INFORMATIONAL ITEMS In formation 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. 10. Subject: Cupertino Senior Center Bingo and Hidden Treasures Recommended Action: Receive update on Cupertino Senior Center Bingo and Hidden Treasures Informational Memorandum Page 6 City Council Agenda March 5, Z'024 11. Subject: Blackberry Farm Golf Course Fee Increase Recommended Action: Receive update on Blackberry Farm Golf Course Fee Increase Informational Memorandum COUNCIL AND STAFF COMMENTS AND FUTURE AGENDA ITEMS ADJOURNMENT Lobbyist Registration and Reporting Requirements: Individuals who in or attenipt 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 lobbiting activity. Persons whose communications regarding any legislative or administrative are solely limited to appearing at or submitting testimony for any public ,meeting held by the City are not required to register as lobbyists. For more information about the lobbying ordinance, please contact the City Clerk's Office at 10300 Torre Avenue, Cupertino, CA 95014; telephone (408) 777-3223; email cityclerk9cupertino.org, and website: wwzc,.cupe,rtiiio.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 Councilmust lie 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 adjiudicatori/ (quasi-judicial) decision, interested persons must file a pet-ition for reconsideration zvithin 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 Clel-k's office for more information or go to http7://www.c,up,er,t,ino.orglcihj,cierkfor 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 ill advance of the meeting to arrange for 1ssist(Pnce. In addition, upon request, in advance, by a person with a disability, meeting agendas and writings d&tributed for the meeting that are public records will be rlulde available in the appropriate altcl'lIII tive fol'lrlat. Any writings or documents provided to a majority of the Cupertino City Council after publication of the l)acket 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 . Page 7 City Council Agenda March 5, 2024 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 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- 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, 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 effectwhen adopted. APPEALS Any interested person, including a Council member, may appeal a Planning Commission or Director of Community Development decision to the City Council. Ain appeal must be submitted in writing to the City Clerk within 14 calendar days of the mailing of the notice of the decision. RECONSIDERATION Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City's decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's office for more information or go to www.http://www.cupertino.org/index.aspx?page=125 for a reconsideration petition form. COMMUNICATING WITH COUNCIL All Council members: citycouncil@cupertino.gov Sheila Mohan SMohan@cupertino.gov (408) 777-1326 J.R. Fruen 1RFruen@cupertino.gov (408) 777-1316 Liang Chao LiangChao@cupertino.gov (408) 777-3192 Kitty Moore KittyMoore@cupertino.gov (408) 777-1389 Hung Wei HWei@cupertino.gov (408) 777-1389 Executive Assistant Debran@cupertino.gov (408) 777-3139 City Hall www.cupertino.gov (408) 777-CITY Please note: the City Council discourages submission of written materials on the day of the meeting as this does not provide enough time to give the materials fair evaluation. If you must provide written materials on the day of the meeting, as least one copy must be given to the City Clerk for the permanent record, and ten copies are preferred. NEWS AND NOTICES FROM CITY HALL EMAIL Sign up for e-notification of agendas, elections, and other news on the city website at www.cupertino.org/notify TELEVISION The City Channel broadcasts City Council and Planning Commission meetings , as well as agenda previews, public service announcements, and other programs of community interest, on Channel 26 in Cupertino. The meetings are shown at these times: Tuesday (live) 6:45 p.m. Friday (replay) 10:00 a.m. Thursday (replay) 7:00 p.m. Saturday (replay) 9:00 a.m. INTERN ET 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) Fire (Emergency) Fire (Non -Emergency ) Garbage Gas & Electricity Recreation & Community Services Police (Emergency) Police (Non -Emergency) Public Health Sanitary Sewers Water General Information and Comments (408) 777-CITY Santa Clara County Fire Dept. dispatch 911 Santa Clara County Fire Dept. (408) 378-4010 Recology South Bay (408) 725-4020 Pacific Gas & Electric (PG&E) 1-800-743-5000 Quinlan Community Center (408) 777-3120 Santa Clara County Sheriff dispatch 911 Santa Clara County Sheriff (408) 868-6600 Santa Clara County Public Health (408) 732-3720 Cupertino Sanitary District (408) 253-7071 San Jose Water (408) 279-7900 California Water (650) 917-0152 CITY OF CUPER`TINd LIFORNIA � ss. AGEND COLJNT OF d't,^;�1��;t. at21 (3Y�� AN lN_UY£ Ol CF `; C l E'Y )F CUPEP.TINO CITY COUNCIL-- D EPA RT CUPERTINO 5 i f� 1, P `AL'UY OF 10300 Torre Avenue, City Hall Confer�n,�e' Room C ) ��� �p� L I i'r :.�0,\, 1 i.I Y Monday, March_4, 2U24�-i11 ` E,11r L^�f �. ON T11E 4:00 PM' LLETI N l30A is D A i CITY HALL. Non -Televised Special Meeting-(Qosed"ession)— S 1 G U R E 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 Monday, March 04, 2024, commencing at 4:00 p.m. in City Hall, Conference Room C, 10300 Torre Avenue, Cupertino, California 95014. Said special meeting shall be for the purpose of conducting business on the subject matters listed below under the heading, "Special Meeting." SPECIAL MEETING ROLL CALL CLOSED SESSION 1. Subject: Workers compensation claim pursuant to Government Code § 54956.95(b) (Ricardo Acevedo v. City of Cupertino, WCAB No. ADJ17329936) 2. Subject: Conference with real property negotiators pursuant to Government Code § 54956.8 Property: 10301 Byrne Avenue, Cupertino, California, 95014; APN 357-11-020 Agency negotiator: Matt Morley, Assistant City Manager Negotiating parties: Bay Area Housing Corp; and Community Veteran Partners Under negotiation: price and terms of payment OPEN SESSION REPORT REGARDING CLOSED SESSION 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 Page 1 City'Council Agenda March 4, 2024 communications regarding any legislative or administrative are solely limited to appearing at or submitting testimony for any public meeting held by the City are not required to register as lobbyists. For more information about the lobbying ordinance, please contact the City Clerk's Office at 10300 Torre Avenue, Cupertino, CA 95014; telephone (408) 777-3223; email cityclerk@cupertino.org, and website: www.citpertino.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.orglcityclerk for a reconsideration petition form. In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend this meeting who is visually or hearing impaired or has any disability that needs special assistance should call the City Clerk's Office at 408-777-3223, at least 48 hours in advance of the meeting to arrange for assistance. In addition, upon request, in advance, by a person with a disability, meeting agendas and writings distributed for the meeting that are public records will be made available in the appropriate alternative format. Any writings or documents provided to a majority of the Cupertino City Council after publication of the packet will be made available for public inspection in the City Clerk's Office located at City Hall, 10300 Torre Avenue, Cupertino, California 95014, during normal business hours; and in Council packet archives linked from the agenda/minutes page on the Cupertino web site. IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipal Code section 2.08.100 written communications sent to the Cupertino City Council, Commissioners or City staff concerning a matter on the agenda are included as supplemental material to the agendized item. These written communications are accessible to the public through the City's website and kept in packet archives. Do not include any personal or private information in written communications to the City that you do not wish to make public, as written communications are considered public records and will be made publicly available on the City website. Page 2 STATE OF CALIFORNIA ) ) SS. of s.aN�r:. , _ � ..-� a ) CITY OF CUPI� Ol AN ENIPLO`YEE F 'F_H C' Y OF CUPERl INO AGENDA C� � !� DEPART Nv;1 NT, STATE L ; R PEN AL" OF 10CITY COUIICIL.�RY TH.ar c:r , l �,�I E) IS CUPERTINO [ ?, PS N,1LL,Y 10300 Torre Avenue and 10350 Torre,&Q"�_AdT4-jj'I'g66iifere �e NDA ON `11,IE Wednesday, February BOARD '1T CITY HALL. 5:30 PMADANELL SIGNATURE Non -Televised Special Meeting Closed Session (5:30) and Televised Special 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. 2) E-mail comments by 4:00 p.m. on Wednesday, February 21 to the Council at citycouncilCcupertino.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 1 City Council Agenda February 21, 2024 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:Hcityofcupertino.zoom.us/webinar/register/WN_djjDj4LXRj W4WIPC3cM3bQ Phone Dial: 669-900-6833 and enter Webinar ID: 937 9540 4123 (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) Meeting ID: 937 9540 4123 SIP: 937954041239zoomcrc.com After registering, you will receive a confirmation email containing information about joining the webinar. Please read the following instructions carefully: 1. You can directly download the teleconference software or connect to the meeting in your internet browser. If you are using your browser, make sure you are using a current and up-to-date browser: Chrome 30+, Firefox 27+, Microsoft Edge 12+, Safari 7+. Certain functionality may be disabled in older browsers, including Internet Explorer. 2. You will be asked to enter an email address and a name, followed by an email with instructions on how to connect to the meeting. Your email address will not be disclosed to the public. If you wish to make an oral public comment but do not wish to provide your name, you may enter "Cupertino Resident" or similar designation. 3. When the Mayor calls for the item on which you wish to speak, click on "raise hand," or, if you are calling in, press *9. Speakers will be notified shortly before they are called to speak. Page 2 City Council Agenda February 21, 2024 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 be 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, February 21, 2024, commencing at 5:30 p.m. in City Hall, Conference Room C,10300 Torre Avenue, Cupertino, California 95014 and an Open Session at 6:45 p.m. in Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, California 95014 and via teleconference. Said special meeting shall be for the purpose of conducting business on the subject matters listed below under the heading, "Special Meeting." SPECIAL MEETING ROLL CALL - 5:30 PM 10300 Torre Avenue, Conference Room C CLOSED SESSION 1. Subject: Conference with legal counsel - existing litigation pursuant to Government Code § 54956.9 (City of Cupertino v. California Department of Tax & Fee Administration) RECESS OPEN SESSION CALL TO ORDER - 6:45 PM 10350 Torre Avenue, Community Hall and via Teleconference PLEDGE OF ALLEGIANCE ROLL CALL CLOSED SESSION REPORT CEREMONIAL ITEMS - None POSTPONEMENTS AND ORDERS OF THE DAY 2. Subject: Cessation of Hybrid Commission and Committee Meetings (Postponed from February 6, 2024) Page 3 City Council Agenda February 21, 2024 Recommended Action: Continue the item to a date to be identified by staff in consultation with the Mayor 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 fitrther 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 3-7) 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. 3. Subject: Approve the January 29, 2024 City Council minutes Recommended Action: Approve the January 29, 2024 City Council minutes A - Draft Minutes 4. Subject: Approve the January 30, 2024 City Council minutes Recommended Action: Approve the January 30, 2024 City Council minutes A - Draft Minutes 5. Subject: Approve the February 6, 2024 City Council minutes Recommended Action: Approve the February 6, 2024 City Council minutes A - Draft Minutes 6. Subject: Ratifying Accounts Payable for the periods ending December 29, 2023; January 5, 2024; January 12, 2024; January 19, 2024; and January 26, 2024 Page 4 City Council Agenda February 21, 2024 Recommended Action: A. Adopt Resolution No. 24-015 ratifying Accounts Payable for the Period ending December 29, 2023; B. Adopt Resolution No. 24-016 ratifying Accounts Payable for the Period ending January 5, 2024; C. Adopt Resolution No. 24-017 ratifying Accounts Payable for the Period ending January 12, 2024; D. Adopt Resolution No. 24-018 ratifying Accounts Payable for the Period ending January 19, 2024; and E. Adopt Resolution No. 24-019 ratifying Accounts Payable for the Period ending January 26, 2024 Staff report A - Draft Resolution 12.29.23 B - Weekly AP Payment Register for the Period Ending 12.29.23 C - Draft Resolution 1.5.24 D - Weekly AP Payment Register for the Period Ending 1.5.24 E - Draft Resolution 1.12.24 F - Weekly AP Payment Register for the Period Ending 1.12.24 G - Draft Resolution 1.19.24 H - Weekly AP Payment Register for the Period Ending 1.19.24 I - Draft Resolution 1.26.24 1- Weekly AP Payment Register for the Period Ending 1.26.24 7. Subject: Coffee Society Lease Agreement, 10800 Torre Avenue, Cupertino, CA 95014. Recommended Action: Authorize the City Manager to execute a five-year lease agreement with the Coffee Society. Staff Report A - Draft Coffee Society Lease Agreement (2024) 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 tinder SB 1214 may make an appointment with the Planning Division to view them at City Hall by sending an email to plan ning@cttpertino.org. Plans will also be made available digitally during the hearing to consider the proposal. ACTION CALENDAR 8. Subject: Potential November 2024 Revenue Tax Measure Opinion Research Recommended Action: Forego opinion polling and additional efforts at a November 2024 revenue -generating ballot initiative Presenter: Thomas Leung, Budget Manager Staff Report A - Business Community Survey on Potential Revenue Tax Measures - Survey Results Page 5 City Council Agenda February 21, 2024 9. Subject: Accept the City Manager's Mid -Year Financial Report for Fiscal Year 2023-24 Recommended Action: 1. Accept the City Manager's Mid -Year Financial Report for Fiscal Year 2023-24 2. Adopt Resolution No. 24-020 approving Budget Modification No. 2324-326 increasing appropriations by $10,057 and revenues by $807,672. Presenter: Thomas Leung, Budget Manager Staff Report A - FY 2023-24 Mid -Year Financial Report B - Draft Resolution C - Description of Carryovers and Adjustments through December 31, 2023 D - Description of Budget Transfers through December 31, 2023 E - Mid -Year Recommended Adjustments F — Mid -Year Performance Measures and Workload Indicators G — FY 2022-23 Special Projects Update H — FY 2023-24 Mid -Year Special Projects Update I - Competitive and Non -Competitive Grants Tracking I Capital Improvement Program Project Status 10. Subject: Amendments to the Cupertino Municipal Code Chapter 3.22 (Purchase of Supplies, Materials, Equipment and Services) and Chapter 3.23 (Public Works Contract and Bidding Procedures) of Title 3 (Revenue and Finance) Recommended Action: Conduct the first reading of Ordinance No. 24-2254: "An Ordinance of the City Council of the City of Cupertino Amending Chapters 3.22 and 3.23 of the Municipal Code regarding the purchase of goods and services, and contract and bidding procedures for public work contracts." Presenter: Greg Card, Purchasing Manager Staff Report A — Administrative Purchasing Policy B — Administrative Public Works Policy C — Draft Ordinance (Redline) D — Draft Ordinance (Clean) COUNCIL REPORTS AND COMMENTS 11. Subject: Councilmember Reports A - Council Reports, Chao B - Council Reports, Fruen C - Council Reports, Mohan D - Council Reports, Moore E - Council Reports, Wei CITY MANAGER REPORT ORAL COMMUNICATIONS - CONTINUED Page b City Council Agenda Febmary 21, 2024 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. 12. Subject: Receive the Monthly Treasurer's Report for January 2024 Recommended Action: Receive the Monthly Treasurer's Report for January 2024 Staff Report A - Report of City-wide Receipts, Disbursements, and Cash Balances lanuary 2024 B - Report of City-wide Fund BalancesNet Position lanuary 2024 13. Subject: Receive the Monthly Treasurer's Investment Report for January 2024 Recommended Action: Receive the Monthly Treasurer's Investment Report for January 2024 A - Chandler Investment Report lanuary 2024 14. Subject: Receive the Treasurer's Investment Report for the Quarter Ending December 31, 2023 Recommended Action: Receive the Treasurer's Investment Report for the Quarter Ending December 31, 2023 Staff Report A - Chandler Investment Report December 2023 B - Chandler Custodial Statement December 2023 C - PARS Pension and OPEB Account Statement December 2023 D - LAM Account Statement December 2023 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 95014, telephone (408) 777-3223; email cihjclerk@cttpertino.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. Page 7 City Council Agenda February 21, 2024 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://wurw.cupertino.orglcihjclerk for a reconsideration petition form. In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend this meeting who is visually or hearing impaired or has any disability that needs special assistance should call the City Clerk's Office at 408-777-3223, at least 48 hours in advance of the meeting to arrange for assistance. In addition, upon request, in advance, by a person with a disability, meeting agendas and 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 agendalminutes 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 8 CITY OF CUPERTINO AGENDA CUPERTINO CITY COUNCIL Quinlan Community Center Cupertino Room, 10185 North Stelling Road Thursday, February 15, 2024 5:30 PM Televised Special Meeting (2024 Cupertino State of the City Address) IN -PERSON 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 Quinlan Community Center Cupertino Room, 10185 North Stelling Road. 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: Oral public comments will be accepted during the meeting. Comments may be made during the public comment period. 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, February 15, 2024, commencing at 5:30 p.m. in Quinlan Community Center Cupertino Room, 10185 North Stelling Road, Cupertino, California 95014. Said special meeting shall be for the purpose of conducting business on the subject matters listed below under the heading, "Special Meeting." SPECIAL MEETING PUBLIC MEETING 1. Subject: 2024 Cupertino State of the City Recommended Action: Receive Mayor Sheila Mohan's 2024 Cupertino State of the City Address about the current state of affairs in Cupertino and what is planned for the year ahead. Other City Councilmembers may also attend. Page 1 City Council Agenda February 15, 2024 ADJOURNMENT Lobbyist Registration and Reporting Requirements: Individuals who influence or attempt to influence legislative or administrative action may be required by the City of Cupertino's lobbying ordinance (Cupertino Municipal Code Chapter 2.100) to register and report lobbying activity. Persons whose communications regarding any legislative or administrative are solely limited to appearing at or submitting testimony for any public meeting held by the City are not required to register as lobbyists. For more information about the lobbying ordinance, please contact the City Clerk's Office at 10300 Torre Avenue, Cupertino, CA 95014; telephone (408) 777-3223; email cityclerk@cupertino.org, and zuebsite: 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 lazy. 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://zvzuzv.cupertino.org/cihjclerkfor 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 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 zuebsite 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 zuebsite. Page 2 City Council Agenda February 15, 2024 Page 3 CITY OF CUPERTINO STATE OF CALIFOPNT ) _ ) SS. COUvTi' O V" A CL 'A ) OFFICE OF THE CITY CLER AN -T, OF `CPLRI�iNO CITY HALL - - - f)EPARi:- 10300 TORRE AVENUE • CUPERTINO;'A` 11014=3255 ' R PL I' OF TELEPHONE: (408) 777-3223 • FAX�j4 "' �I �33i>� : ), * E E) CUPERTINO.ORG t i i' i=1 i f' .. i i .1 L) y ,SE:-:D Till'--, _'�w: L ,`.�;Et- _':a ON T11E Bt.1LLETIN BOA, L) \r L:II'4' L1t.LL. CUPERTINO CITY 3 L tt ( -,1 _ JIB 3i'•lA 11��L\E NOTICE OF CANCELLATION NOTICE IS HEREBY GIVEN that the regular meeting of the Cupertino City Council scheduled for Tuesday, February 20, 2024 beginning at 6:45 p.m. in Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, CA 95014 and via teleconference, is cancelled. A special meeting will be held on Wednesday, February 21, 2024 beginning at 6:45 p.m. in Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, CA 95014 and via teleconference. Dated this 121hday of February, 2024 Lauren Sapudar Deputy City Clerk CALIFORNIA CITY OF CUPERTINO jj���� = vT I AGENDA -"� —.. i ' ►— E CITY O 1 CUPERTINO CITY COUNCIL s DER Pi.. DATE) 10350 Torre Avenue, Council Chamber an l�Anforen;e I Tuesday, February 6,202 -- iAGENP L: 6:45 PM AT CIT Televised Reg�uli r Weting(6:45) -- — � SIGNAi , IN -PERSON AND TELECONFERENCE / PUBLIC PARTICIPATION INFORMATION I'S. 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 4:00 p.m. on Tuesday, February 6 to the Council at citycouncilacupertino.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 1 City Council Agenda February 6, 2024 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:Hcityofcupertino.zoom.0 s/webinar/register/WN_GriZsTB cRS-M3 GnNImQKHQ Phone Dial: 669-900-6833 and enter Webinar ID: 958 8283 2855 (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: 958 8283 2855 SIP: 95882832855@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 February 6, 2024 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 be posted to the City's website after the meeting. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL CLOSED SESSION REPORT CEREMONIAL ITEMS 1. Subject: Recognition of STEM Winners from the City of Cupertino who participated in the Santa Clara County 2023 Synopsys Championship Science Fair Recommended Action: Recognize STEM Winners from the City of Cupertino who participated in the Santa Clara County 2023 Synopsys Championship Science Fair A - Certificates 2. Subject: Recognition of February as Black History Month Recommended Action: Recognize February as Black History Month 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 fiiture City Council agenda in response to public comment. CONSENT CALENDAR (Items 3-10) Page 3 City Council Agenda February 6, 2024 Items appearing on the Consent Calendar are considered routine City business and may be approved by one motion. Typical items may include meeting minutes, azvards 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. 3. Subject: Approve the December 19, 2023 (Closed Session) City Council minutes Recommended Action: Approve the December 19, 2023 (Closed Session) City Council minutes A - Draft Minutes 4. Subject: Approve the January 12, 2024 City Council minutes Recommended Action: Approve the January 12, 2024 City Council minutes A - Draft Minutes 5. Subject: Approve the January 17, 2024 City Council minutes Recommended Action: Approve the January 17, 2024 City Council minutes A - Draft Minutes 6. Subject: Approve the January 29, 2024 (Closed Session) City Council minutes Recommended Action: Approve the January 29, 2024 (Closed Session) City Council minutes A - Draft Minutes 7. Subject: Second reading of Municipal Code Amendment to Chapter 19.76 to allow privately operated educational uses and privately operated public serving uses in the BA zoning district. (Application No. MCA-2023-003; Applicant: City of Cupertino; Location: BA -zoned (Public Building) properties in Cupertino) Recommended Action: Conduct the second reading and enact Ordinance No. 23-2253: "An Ordinance of the City Council of the City of Cupertino to amend Cupertino Municipal Code Chapter 19.76 (Table 19.76.030) to allow privately operated educational uses and privately operated public serving uses in the BA zoning district". Staff Rel2ort A - Draft Ordinance 8. Subject: Second reading of amendments to Municipal Code Chapter 19.12, Chapter 19.28 and Chapter 19.112 regarding Two -Story Permit and Accessory Dwelling Unit (ADU) laws. (Application No. MCA-2023-002; Applicant: City of Cupertino; Location: City-wide) Page 4 City Council Agenda February 6, 2024 Recommended Action: Conduct the second reading and enact Ordinance No. 23-2254: "An Ordinance of the City Council of the City of Cupertino to amend Municipal Code Chapter 19.12, Chapter 19.28 and Chapter 19.112 regarding Two -Story Permit and Accessory Dwelling Unit (ADU) Laws." Staff Report A — Draft Ordinance 9. Subject: Exclusive Negotiation Agreement (ENA) with an affordable housing developer on a City owned parcel within the Mary Avenue right-of-way (APN: 326-27-053) Recommended Action: Consider the Draft Agreement attached (Attachment A) and decide whether to enter into the Agreement. Staff Report A — Draft Exclusive Negotiation Agreement B - Draft Term Sheet 10. Subject: Approve a Cooperative Services Agreement with SHI International Corporation for Managed, Detection, and Response (MDR) Cybersecurity services, for a total not -to -exceed amount of $180,025.50. Recommended Action: Authorize the City Manager to execute a Cooperative Services Agreement with SHI International Corp., for Managed, Detection, and Response (MDR) Cybersecurity services for a total not -to -exceed amount of $180,025.50. Staff Report A - DarkTrace via SHI Intemational Corp., Base Cooperative Agreement B - Omnia Partners Cooperative Agreement no. 2018011-02 C - Amendment 4 to Omnia Partners Coop. Agreement no. 2018011-02 D - Draft Supplemental Agreement PUBLIC HEARINGS - None Effective Jantiary 1, 2023, Government Code Section 65103.5 (SB 1214) limits the distribtition 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@ciipertino.org. Plans will also be made available digitally during the hearing to consider the proposal. ACTION CALENDAR 11. Subject: Cessation of Hybrid Commission and Committee Meetings Recommended Action: Conduct City Council and Planning Commission meetings in a hybrid format while continuing to utilize in -person only meetings for all other Commissions and Committee meetings Presenter: Bill Mitchell, Chief Technology Officer Staff Report Page 5 City Council Agenda February 6, 2024 12. Subject: Cost Allocation Plan, User Fee Study, and Cost Recovery Policy Recommended Action: Receive and File Cost Allocation Plan and User Fee Study and provide direction on the components of a Cost Recovery Policy Presenter: Kristina Alfaro, Director of Administrative Services Staff Report A - Cost Allocation Plan B - User Fee Study Final Report COUNCIL REPORTS AND COMMENTS 13. Subject: Councilmember Reports A - Council Reports, Fruen B - Council Reports, Mohan C - Council Reports, Wei CITY MANAGER REPORT ORAL COMMUNICATIONS - CONTINUED INFORMATIONAL ITEMS - None 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. COUNCIL AND STAFF COMMENTS AND FUTURE AGENDA ITEMS ADJOURNMENT 14. Subject: Adjourn in memory of former Cupertino Mayor Philip Johnson Lobbyist Registration and Reporting Requirements: Individuals who influence or attempt to influence legislative or administrative action may be required by the City of Cupertino's lobbying ordinance (Cupertino Municipal Code Chapter 2.100) to register and report lobbying activity. Persons whose communications regarding any legislative or administrative are solely limited to appearing at or submitting testimony for any public meeting held by the City are not required to register as lobbyists. For more information about the lobbying ordinance, please contact the City Clerk's Office at 10300 Torre Avenue, Cupertino, CA 95014, telephone (408) 777-3223; email cihjclerk@ctipertino.org, and website: zmuzv.eitpertino.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. Page 6 City Council Agenda February 6, 2024 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://zt7zvw.citpertino.org/citljclerkfor 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 majorihj 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 zuebsite 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 zuebsite. Page 7 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, Housing Commission, Library Commission, Parks and Recreation Commission, Planning Commission, Public Safety Commission, Sustainability Commission, Teen Commission, and Technology, Information, and Communications Commission. Council members also serve on a variety of regional bodies, including: Association of Bay Area Governments League of California Cities Santa Clara County (SCC) Cities Association SCC Emergency Preparedness Council SCC Library District SCC Emergency Preparedness Commission Santa Clara Valley Water Commission and Water District SCC Transportation Authoritym West Valley Mayors and Managers STAFF The City Manager and the City Attorney are appointed by the Council. The City Manager is responsible for interpreting and carrying out Council policies and direction, and as the chief administrative officer, the City Manager coordinates the many activities of the city and appoints the professional and technical staff. The City Attorney is the advisor to the City Council as a whole. TYPES OF COUNCIL ACTIONS ORDINANCES Ordinances are the means by which the City enacts its local laws. Unless an urgent situation exists, ordinances will first be presented at a Council meeting as a "first reading." At a subsequent Council meeting, there will be a "second reading and adoption." Ordinances go into effect after a waiting period of thirty days, in most cases, during which time the summary of the ordinance is published in a local newspaper approved for this purpose. RESOLUTIONS Resolutions and minute orders are the means by which the City Council formally adopts policies or approves specific actions. These go into effect when adopted. APPEALS Any interested person, including a Council member, may appeal a Planning Commission or Director of Community Development decision to the City Council. An appeal must be submitted in writing to the City Clerk within 14 calendar days of the mailing of the notice of the decision. RECONSIDERATION Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City's decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's office for more information or go to www.http://www.cupertino.org/index.aspx?page=125 for a reconsideration petition form. COMMUNICATING WITH COUNCIL All Council members: citycouncil@cupertino.gov Sheila Mohan SMohan@cupertino.gov (408) 777-1326 J.R. Fruen JRFruen@cupertino.gov (408) 777-1316 Liang Chao LiangChao@cupertino.gov (408) 777-3192 Kitty Moore KittyMoore@cupertino.gov (408) 777-1389 Hung Wei HWei@cupertino.gov (408) 777-1389 Executive Assistant Debran@cupertino.gov (408) 777-3139 City Hall www.cupertino.gov (408) 777-CITY Please note: the City Council discourages submission of written materials on the day of the meeting as this does not provide enough time to give the materials fair evaluation. If you must provide written materials on the day of the meeting, as least one copy must be given to the City Clerk for the permanent record, and ten copies are preferred. NEWS AND NOTICES FROM CITY HALL EMAIL Sign up for e-notification of agendas, elections, and other news on the city website at www.cupertino.org/notify TELEVISION The City Channel broadcasts City Council and Planning Commission meetings, as well as agenda previews, public service announcements, and other programs of community interest, on Channel 26 in Cupertino. The meetings are shown at these times: Tuesday (live) 6:45 p.m. Friday (replay) 10:00 a.m. Thursday (replay) 7:00 p.m. Saturday (replay) 9:00 a.m. INTERNET City Council and Planning Commission videos are available on demand at www.cupertino.org. Select "I Want To, View City Council meetings". News and community information can also be found at: https://www.facebook.com/cityofcupertino/ https:Htwitter.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 STATE OF CALIFORNIA ) ) SS. CITY OF C `�� .�z�f� - ) AN E"rI^I.OY OF ' 1 E CITY OF CUPERI'INO AGENDA D f= PART MF-,N'F, STATE U`,`,F1Z' PL�1:=1 '_Y OF CUPERTINO CITY COUNCILY T IAF ON ��)2XE) I 10350 Torre Avenue :COU11 0l) a e ,r . , L ; , E : "� Tuesday, Januark-30i 2024� l� V �: ' C' 1 I I 6:00 PM iiAo►UI/Q� D.'O E'4 - Non -Televised Special Meeting (Commission Interviews) 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, January 30, 2024, commencing at 6:00 p.m. in Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, California 95014. Said special meeting shall be for the purpose of conducting business on the subject matters listed below under the heading, "Special Meeting." SPECIAL MEETING ROLL CALL COMMISSION INTERVIEWS 1. Subject: Interview applicants for commission terms expiring on the Audit Committee, Housing Commission (Community Member and Business Representative), Parks and Recreation Commission, Public Safety Commission, Sustainability Commission (Community Member, Business Representative and Educational Representative), Technology, Information, and Communications Commission; and Sourcewise Advisory Council (Cupertino Representative). Recommended Action: Conduct interviews and make appointments to the Audit Committee, Housing Commission (Community Member and Business Representative), Parks and Recreation Commission, Public Safety Commission, Sustainability Conunission (Community Member, Business Representative and Educational Representative), Technology, Information, and Communications Commission; and Sourcewise Advisory Council (Cupertino Representative); and make appointments for any alternates. Page 1 City Council Agenda January 30, 2024 A - Interview Schedule (Jan 30) B - Commission Diversity Resolution C - Adviso1y Commissions Resolution D - Duties. Powers and Functions E - Sample Interview Questions F - ARplications G - Current Commission List H - Commission Attendance Report I - Ethics Training Report I - Form 700 Filer Report ADJOURNMENT Lobbyist Registration and Reporting Requirements: Individuals who influence or attempt to influence legislative or administrative action may be required by the City of Cupertino's lobbying ordinance (Cupertino Municipal Code Chapter 2.100) to register and report lobbying activity. Persons whose communications regarding any legislative or administrative are solely limited to appearing at or submitting testimony for any public meeting held by the City are not required to register as lobbyists. For more information about the lobbying ordinance, please contact the City Clerk's Office at 10300 Torre Avenue, Cupertino, CA 95014, telephone (408) 777-3223; email cihjclerk@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://wurw.citpertino.org/cihjclerkfor 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. Page 2 City Council Agenda January 30, 2024 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 3 ,T,'17 17 ALII- C� r �,, r, � ) CITY OF CUY'ER'T� C� _ _ Em AGENDA------' F [-I '1 C i `r` (rt CUPERTINO CITY COUNCIL, Si✓ l Z TA 10350 Torre Avenue, Coune�l' T ' T C1 Monday,January 29, 202 � —• I `' i €-.;�t ; .�ti . i y -r �A� �� L 1 T Tl— E h� t'I',-�L*, . � �,l)A (J� � a.' 6:00 PM, JLiETIN BOARD AI' CITY HALL. Non -Televised Special Meeting(Cdi is ioh'Interviews) 1 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 Monday, January 29, 2024, commencing at 6:00 p.m. in Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, California 95014. Said special meeting shall be for the purpose of conducting business on the subject matters listed below under the heading, "Special Meeting." SPECIAL MEETING ROLL CALL COMMISSION INTERVIEWS 1. Subject: Interview applicants for commission terms expiring on the Audit Committee, Housing Commission (Community Member and Business Representative), Parks and Recreation Commission, Public Safety Commission, Sustainability Commission (Community Member, Business Representative and Educational Representative), Technology, Information, and Communications Commission; and Sourcewise Advisory Council (Cupertino Representative). Recommended Action: Conduct interviews and make appointments to the Audit Committee, Housing Commission (Community Member and Business Representative), Parks and Recreation Commission, Public Safety Commission, Sustainability Commission (Community Member, Business Representative and Educational Representative), Technology, Information, and Communications Commission; and Sourcewise Advisory Council (Cupertino Representative); and make appointments for any alternates. Page 1 STATE OF CALIFOIl' ° [A ) SS. CITY OF CUr l S ' c� A N L 1�A — YEE OF Tfls,[� ,, 1"11` �)F CI.?PI-.P„ ^d() AGEN-0 ___ DFlz-kisi= ENT, STA E t FED CUPERTINO CITY Coe-&'CJL=Y THAT ON t ,,-1;'E) L� (rINIE) 11't . �; ,^•;,1'f ,i `' 10300 Torre Avenue, City Iff6r0er-fir tom: -SCE E ^;1,: v! Monday, JantW2 BOARD AT CITY HAi_L,. 5:00 P'l b_q 20 DA E S GNATLiRE Non -Televised Special Meeting (Closed Session) 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 Monday, January 29, 2024, commencing at 5:00 p.m. in City Hall Conference Room C,10300 Torre Avenue, Cupertino, California 95014. Said special meeting shall be for the purpose of conducting business on the subject matters listed below under the heading, "Special Meeting." SPECIAL MEETING ROLL CALL CLOSED SESSION 1. Subject: Conference with legal counsel - existing litigation pursuant to Government Code § 54956.9 (City of Cupertino v. California Department of Tax & Fee Administration) CLOSED SESSION REPORT ADJOURNMENT Lobbyist Registration and Reporting Reguiretnents: Individuals zoho 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 ztyhose 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 Avenite, Cupertino, CA 95014; telephone (408) 777-3223; email cityclerk«cupertino.org; and website: ttnv7t�.cttpertitio.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 Page 1 City Council Agenda January 29, 2024 announced unless a shorter time is required by State or Federal law. Prior to seeking judicial review of any adjudicatorlj (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 lzttp:Hzvzvu;.ctipertino.org/cihjclerkfor a reconsideration petition forrn. In compliance with the Americans with DfMbilittes 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 agendalminutes 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 itein. 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 zoebsite. Page 2 4yT. I yss AGENDA OF THE CUPERTINO CITY COUNCIL Wednesday, January 17, 2024 Televised Special Meeting (5:00) CITY COUNCIL SHEILA MOHAN, MAYOR J.R. FRUEN, VICE MAYOR LIANG CHAO, COUNCILMEMBER KITTY MOORE COUNCILMEMBER HUNG WEI, COUNCILMEMBER CONDUCT OF BUSINESS The Mayor is the presiding officer of the City Council. Any member of the public may speak on any item on the agenda for up to three minutes. All statements and questions must be addressed to the Mayor. City Council hearings serve as a venue for the discussion of sometimes divergent points of view. Please respect the opinions of others and refrain from cheering or clapping. That may delay the meeting or intimidate other persons wishing to express alternate views. Actions that disrupt the meeting will result in a warning, followed by removal if disruption continues. Oral public comments will be accepted during the meeting. Comments may be made during "oral communications" for matters not on the agenda, and during the public comment period for each agenda item. Identifying yourself is voluntary and not required to attend the meeting or provide comments. FLOWCHART FOR HEARING ITEMS: Mayor introduces agenda item Mayor opens the public hearing *1 Councilmembers report any site visits or outside communications. Staff reports and makes Councilmembers ask clarifying recommendation questions. i Applicant or Appellant makes presentation For appeals of approvals, the applicant may respond to (up to 8 min) appellants presentation. i Councilmembers ask questions of staff or applicantlappellant i Mayor invites members of Speakers submit a Request to Speak the public to speak about card, and are allowed up to 3 minutes the agenda item per individual. Council members may questions of speakers. iask Mayor invites applicantlappellant to respond to public comments (2 min) Mayor closes the public hearing i The Mayor may request a motion and City Council votes on a second after the close of the public the agenda item hearing. Council then deliberates and votes. PUBLIC HEARINGS The City Council is required by law to hold public hearings on certain matters prior to making its decision. Notice to interested parties is given by legal advertisement in the local newspaper of general circulation at least 10 calendar days preceding the hearing date. Applications requiring public hearings include change of zoning, variances, use permits, and tentative maps. COUNCIL MEETINGS The City Council regularly meets the first and third Tuesdays of each month. These meetings are held at 6:45 p.m. Closed sessions, when needed, are normally held at 6:00 p.m. Closed sessions cover items such as personnel, litigation, or the sale , purchase, or lease of property. The law requires certain actions taken in closed session to be reported in open session. Urgent business, holidays, or election days may trigger special or adjourned meetings. These meetings will be noticed beforehand. AGENDAS, MINUTES, AND PACKETS AVAILABLE ON THE WEB Agendas, minutes, and packets for current and prior City Council and Planning Commission meetings are available at www.cupertino.org, or you can purchase the items on CD. CITY COUNCIL DECISION IS FINAL Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City's decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's office for more information or go to www.httD://www.cupertino.org/index.as px?page=125 for a reconsideration petition form. CITY OF CUPERTINO AGENDA C U P E RT I N O CITY COUNCIL 10350 Torre Avenue, Council Chamber and via Teleconference Wednesday, January 17, 2024 5:00 PM Televised Special 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. 2) E-mail comments by 4:00 p.m. on Wednesday, January 17 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. 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 1 City Council Agenda January 17, 2024 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/WN_n8Ad2cf3R4WfVB25gmgUPQ Phone Dial: 669-900-6833 and enter Webinar ID: 999 8340 6795 (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: 999 8340 6795 SIP: 99983406795@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 January 17, 2024 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 be 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, January 17, 2024, 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 STUDY SESSION 1. Subject: Provide input to staff on potential service -level reductions for the FY 2024-25 Proposed and Final Budgets Recommended Action: Provide input to staff on potential service -level reductions for the FY 2024-25 Proposed and Final Budgets Presenter: Thomas Le-ung, Budget Manager Staff Report A - Potential Service -Level Reductions Summary RECESS CLOSED SESSION REPORT - 6:45 PM CEREMONIAL ITEMS 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 zt)ithin the jurisdiction of the Council and not on the agenda for discussion, including informational items. The Page 3 City Council Agenda January 17, 2024 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 fi.trther 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 facture City Council agenda in response to public comment. CONSENT CALENDAR (Items 2-9) 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: Approval of the December 5, 2023 City Council minutes Recommended Action: Approve the December 5, 2023 City Council minutes A - Draft Minutes 3. Subject: Approval of the December 14, 2023 City Council minutes Recommended Action: Approve the December 14, 2023 City Council minutes A - Draft Minutes 4. Subject: A resolution establishing the City Council meeting schedule through January 22, 2025 Recommended Action: Adopt Resolution 24-001 establishing the City Council meeting schedule through January 22, 2025 Staff Report A - Draft Resolution 5. Subject: Appointment of 2024 Council Committee Assignments Recommended Action: Approve the draft 2024 Council Committee Assignments Staff Report A — Draft 2024 Council Committee Assignments 6. Subject: Ratifying Accounts Payable for the periods ending November 3, 2023; November 10, 2023; November 17, 2023; and November 24, 2023 Page 4 City Council Agenda January 17, 2024 Recommended Action: A. Adopt Resolution No. 24-002 ratifying Accounts Payable for the Period ending November 3, 2023; B. Adopt Resolution No. 24-003 ratifying Accounts Payable for the Period ending November 10, 2023; C. Adopt Resolution No. 24-004 ratifying Accounts Payable for the Period ending November 17, 2023; and D. Adopt Resolution No. 24-005 ratifying Accounts Payable for the Period ending November 24, 2023 Staff report A -Draft Resolution 11.3.23 B - Weekly AP Payment Register for the Period Ending 11.3.23 C - Draft Resolution 11.10.23 D - Weekly AP Payment Register for the Period Ending 11.10.23 E - Draft Resolution 11.17.23 F - Weekly AP Payment Register for the Period Ending 11.17.23 G - Draft Resolution 11.24.23 H - Weekly AP Payment Register for the Period Ending 11.24.23 7. Subject: Ratifying Accounts Payable for the periods ending December 1, 2023; December 8, 2023; December 15, 2023; and December 22, 2023 Recommended Action: A. Adopt Resolution No. 24-006 ratifying Accounts Payable for the Period ending December 1, 2023; B. Adopt Resolution No. 24-007 ratifying Accounts Payable for the Period ending December 8, 2023; C. Adopt Resolution No. 24-008 ratifying Accounts Payable for the Period ending December 15, 2023; and D. Adopt Resolution No. 24-009 ratifying Accounts Payable for the Period ending December 22, 2023 Staff report A - Draft Resolution 12.1.23 B - Weekly AP Payment Register for the Period Ending12.1.23 C - Draft Resolution 12.8.23 D - Weekly AP Payment Register for the Period Ending 12.8.23 E - Draft Resolution 12.15.23 F - Weekly AP Payment Register for the Period Ending 12.15.23 G - Draft Resolution 12.22.23 H - Weekly AP Payment Register for the Period Ending 12.22.23 8. Subject: Award of a construction contract for the Blackberry Farms Accessibility Improvements Project to Selway Construction, Inc. in the amount of $289,601 for ADA and drainage improvements and approve an increase in the amount of $85,209 in the contract for the Blackberry Farm Pool Improvements Project with Adams Pool Solutions for required equipment replacement. Page 5 City Council Agenda January 17, 2024 Recommended Action: 1. Award a construction contract for the Blackberry Farm Accessibility Improvements Project (budget unit 420-99-073) in the amount of $289,601 to Selway Construction, Inc.; 2. Authorize the City Manager to execute the contract with Selway Construction, Inc. when all conditions have been met; 3. Authorize the Director of Public Works to execute any necessary construction change orders with Selway Construction, Inc., up to a contingency amount of $28,960 (10%), for a total contract amount of $318,561; and 4. Authorize the City Manager to amend the contract amount with Adams Pool Solutions for the Blackberry Farm Pool Improvement Project (420-99-073, PO#2024-242) in the amount of $85,209, for a total contract amount of $437,880. Staff Report A - Draft Contract B - Bid Results 9. Subject: Approve a First Amendment with ReDesign Group, for additional funds for City's server and storage infrastructure project, for a new total not -to -exceed amount of $447,867.70. Recommended Action: Authorize the City Manager to execute a First Amendment with ReDesign Group for additional server and storage infrastructure funds, increasing the Contract amount by $58,175.10 for a new total not -to -exceed contract amount of $447,867.70. Staff Report A - Data Center Refresh Cooperative Agreement - signed B - Cooperative Agreement NASPO MNWNC-109 C - Amendments No. 1 to 7 to NASPO MNWNC-109 D - California Participating Addendum E - Amendments No.1 & 2 to CA Participating Addendum F - Disaster Recovery Site (Phoenix) quote G - Production Site quote H - Insurance for Consultants Contracts I - Proof of Insurance PUBLIC HEARINGS 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 tinder SB 1214 may make an appointment with the Planning Division to view them at City Hall by sending an email to planning@ctipertino.org. Plans will also be made available digitally during the hearing to consider the proposal. 10. Subject: Public hearing on the abatement of public nuisance from weeds or other fire hazards pursuant to provisions of Cupertino Municipal Code Chapter 9.08 and Resolution No. 23-117 Page 6 City Council Agenda January 17, 2024 Recommended Action: Conduct hearing for impacted property owners to contest the matter of proposed abatement and adopt Resolution No. 24-010 ordering abatement of public nuisance from weeds or other fire hazards pursuant to provisions of Cupertino Municipal Code Chapter 9.08 and Resolution No. 23-117 Presenter: Kirsten Squarcia, City Clerk Staff Report A — Draft Resolution and Exhibit A B — 2024 Cupertino Commencement Report (Exhibit AZ C — County Letter to Property Owners to Abate Weeds D — County Hearing Notice to Destroy Weeds and Program Fees E — Minimum Fire Safety Standards Program Brochure F— Return Rejly Form (RRF) Sample G — City Letter to Property Owners H — Approved Resolution No. 22-117 11. Subject: Application for a seven -unit townhome development and associated environmental review under the California Environmental Quality Act. (Application No(s): DP-2023-001, ASA-2023-002, TM-2023-001 & TR-2023-008; Applicant(s): Leon Hu of Top Mission Realty & Investment, Inc.; Location: 10046 Bianchi Way, APN: 359-07-021.) Recommended Action: 1. Find the project exempt from the California Environmental Quality Act (CEQA) Guideline Sections 15332 (Infill Development Projects) and 2. Approve the following permits: a. Adopt Resolution No. 24-011 approving the Development Permit (DP-2023-001) (Attachment A); b. Adopt Resolution No. 24-012 approving the Architectural & Site Approval Permit (ASA-2023-002) (Attachment B); c. Adopt Resolution No. 24-013 approving the Tentative Final Map (TM-2023-001) (Attachment C); and d. Adopt Resolution No. 24-014 approving the Tree Removal Permit (TR-2023-008) (Attachment D). Presenter: Danielle Condit, Associate Planner Staff Report A - Draft DP-2023-001 Resolution B - Draft ASA-2023-002 Resolution C - Draft TM-2023-001 Resolution D - Draft TR-2023-008 Resolution E - Arborist Report F - Letter from Tolie Houston Esq G - Public Comment H - Placeworks memo re Categorical Exemption I - Site Plan Page 7 City Council Agenda January 17, 2024 12. Subject: Proposed amendments to Municipal Code Chapter 19.12, Chapter 19.28 and Chapter 19.112 regarding Two -Story Permit and Accessory Dwelling Unit (ADU) laws. (Application No. MCA-2023-002; Applicant: City of Cupertino; Location: City-wide) Recommended Action: Conduct the first reading of Ordinance No. 23-2254: "An Ordinance of The City Council of the City of Cupertino to amend Municipal Code Chapter 19.12, Chapter 19.28 and Chapter 19.112 Regarding Two -Story Permit and Accessory Dwelling Unit (ADU) Laws" (Attachment A) to amend the following: a. Chapter 19.12, Administration, and b. Chapter 19.28 Single -Family Residential (R-1) Zones. c. Chapter 19.112, Accessory Dwelling Units (ADU) Presenter: Gian Martire, Senior Planner Staff Report A - Draft Ordinance (Clean) B - Draft Ordinance (Redline) C - Planning Commission Resolution No. 2023-17 D - Gov. Code Sections 65852.2 and 65852.22 E - Public Comment COUNCIL REPORTS AND COMMENTS 13. Subject: Councilmember Reports A - Council Reports, Fruen B - Council Reports, Mohan C - Council Reports, Moore D - Council Reports, Wei 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 disciission by Council. Members of the public wishing to comment on informational items should do so daring oral commitnications. 14. Subject: 2023 Legislative Activity and Priorities update Recommended Action: Receive update on 2023 Legislative Activity and Priorities Informational Memorandum A - Resolution No. 23-026 Legislative Advocacy Policy B - 2023 Council Adopted Goals 15. Subject: Receive the Monthly Treasurer's Investment Report for November 2023 Recommended Action: Receive the Monthly Treasurer's Investment Report for November 2023 Page 8 City Council Agenda January 17, 2024 A - Chandler Investment Report November 2023 16. Subject: Receive the Monthly Treasurer's Report for November 2023 Recommended Action: Receive the Monthly Treasurer's Report for November 2023 Staff Report A — Report of City-wide Receipts, Disbursements, and Cash Balances November 2023 B — Report of City-wide Fund BalancesNet Position November 2023 17. Subject: Receive the Monthly Treasurer's Investment Report for December 2023 Recommended Action: Receive the Monthly Treasurer's Investment Report for December 2023 A - Chandler Investment Report December 2023 18. Subject: Receive the Monthly Treasurer's Report for December 2023 Recommended Action: Receive the Monthly Treasurer's Report for December 2023 Staff Report A — Report of Citv-wide Receipts, Disbursements, and Cash Balances December 2023 B — Report of City-wide Fund BalancesNet Position December 2023 COUNCIL AND STAFF COMMENTS AND FUTURE AGENDA ITEMS ADJOURNMENT 19. Subject: Adjourn in memory of former Cupertino Mayor William Reed Sparks Lobbyist Registration and Reporting Requirements: Individuals who influence or attempt to influence legislative or administrative action may be required by the City of Cupertino's lobbying ordinance (Cupertino Municipal Code Chapter 2.100) to register and report lobbying activity. Persons whose communications regarding any legislative or administrative are solely limited to appearing at or submitting testimony for any public meeting held by the City are not required to register as lobbyists. For more information about the lobbying ordinance, please contact the City Clerk's Office at 10300 Torre Avenue, Cupertino, CA 95014, telephone (408) 777-3223; email cityclerk@citpertino.org; and website: zuzvzv.citpertino.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 littp:Hzv7trit)-citpertino.org/citljclerkfor a reconsideration petition form. Page 9 City Council Agenda January 17, 2024 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 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 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, Housing Commission, Library Commission, Parks and Recreation Commission, Planning Commission, Public Safety Commission, Sustainability Commission, Teen Commission, and Technology, Information, and Communications Commission. Council members also serve on a variety of regional bodies, including: Association of Bay Area Governments League of California Cities Santa Clara County (SCC) Cities Association SCC Emergency Preparedness Council SCC Library District SCC Emergency Preparedness Commission Santa Clara Valley Water Commission and Water District SCC Transportation Authoritym West Valley Mayors and Managers STAFF The City Manager and the City Attorney are appointed by the Council. The City Manager is responsible for interpreting and carrying out Council policies and direction, and as the chief administrative officer, the City Manager coordinates the many activities of the city and appoints the professional and technical staff. The City Attorney is the advisor to the City Council as a whole. TYPES OF COUNCIL ACTIONS ORDINANCES Ordinances are the means by which the City enacts its local laws. Unless an urgent situation exists, ordinances will first be presented at a Council meeting as a "first reading." At a subsequent Council meeting, there will be a "second reading and adoption." Ordinances go into effect after a waiting period of thirty days, in most cases, during which time the summary of the ordinance is published in a local newspaper approved for this purpose. RESOLUTIONS Resolutions and minute orders are the means by which the City Council formally adopts policies or approves specific actions. These go into effect when adopted. APPEALS Any interested person, including a Council member, may appeal a Planning Commission or Director of Community Development decision to the City Council. An appeal must be submitted in writing to the City Clerk within 14 calendar days of the mailing of the notice of the decision. RECONSIDERATION Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City's decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's office for more information or go to www.http://www.cupertino.org/index.aspx?page=125 for a reconsideration petition form. COMMUNICATING WITH COUNCIL All Council members: citycouncil@cupertino.gov Sheila Mohan SMohan@cupertino.gov (408) 777-1326 J.R. Fruen JRFruen@cupertino.gov (408) 777-1316 Liang Chao LiangChao@cupertino.gov (408) 777-3192 Kitty Moore KittyMoore@cupertino.gov (408) 777-1389 Hung Wei HWei@cupertino.gov (408) 777-1389 Executive Assistant Debran@cupertino.gov (408) 777-3139 City Hall www.cupertino.gov (408) 777-CITY Please note: the City Council discourages submission of written materials on the day of the meeting as this does not provide enough time to give the materials fair evaluation. If you must provide written materials on the day of the meeting, as least one copy must be given to the City Clerk for the permanent record, and ten copies are preferred. NEWS AND NOTICES FROM CITY HALL EMAIL Sign up for e-notification of agendas, elections, and other news on the city website at www.cupertino.org/notify TELEVISION The City Channel broadcasts City Council and Planning Commission meetings, as well as agenda previews, public service announcements, and other programs of community interest, on Channel 26 in Cupertino. The meetings are shown at these times: Tuesday (live) 6:45 p.m. Friday (replay) 10:00 a.m. Thursday (replay) 7:00 p.m. Saturday (replay) 9:00 a.m. INTERNET City Council and Planning Commission videos are available on demand at www.cupertino.org. Select "I Want To, View City Council meetings". News and community information can also be found at: https://www.facebook.com/cityofcupertino/ https:Htwitter.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 Fire (Emergency) Santa Clara County Fire Dept. dispatch Fire (Non -Emergency) Santa Clara County Fire Dept. Garbage Gas & Electricity Recreation & Community Services Police (Emergency) Police (Non -Emergency) Public Health Sanitary Sewers Water Recology South Bay Pacific Gas & Electric (PG&E) Quinlan Community Center Santa Clara County Sheriff dispatch Santa Clara County Sheriff Santa Clara County Public Health Cupertino Sanitary District San Jose Water California Water (408) 777-CITY 911 (408)378-4010 (408) 725-4020 1-800-743-5000 (408) 777-3120 911 (408)868-6600 (408) 732-3720 (408)253-7071 (408) 279-7900 (650)917-0152 CITY OF CUPERTINO LL i ' AGENDA CUPERTINO CITY COUNCIL' -' ` .�.—,9; °3 10800 Torre Avenue Cu art; noiilibrLi4� 1_0%.rn1rnI217'• ` p _ Friday, January 12, 202 11:00 AM I- I)s�� Non -Televised Special 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 Friday, January 12, 2024, commencing at 11:00 a.m. in Cupertino Library, Room 201, 10800 Torre Avenue, Cupertino, California 95014. Said special meeting shall be for the purpose of conducting business on the subject matters listed below under the heading, "Special Meeting." SPECIAL MEETING ROLL CALL CITY COUNCIL TRAINING 1. Subject: City Council Training Recommended Action: Conduct City Council Training A - Cupertino City Council Procedures Manual Procedures B - Rosenberg's Rules of Order ADJOURNMENT Lobbyist Registration and Reporting Requirements: Individuals who influence or attempt to influence legislative or administrative action may be required by the City of Cupertino's lobbying ordinance (Cupertino Municipal Code Chapter 2.100) to register and report lobbying activity. Persons whose communications regarding any legislative or administrative are solely limited to appearing at or submitting testimony for any public meeting held by the City are not required to register as lobbyists. For more information about the lobbying ordinance, please contact the City Clerk's Office at 10300 Torre Avenue, Cupertino, CA 95014, telephone (408) 777-3223; email cityclerk@cupertino.org; and website: www.cupertino.org/lobbyist. The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6; litigation challenging a final decision of the City Council must be brought within 90 days after a decision is Page 1 r City Council Agenda January 12, 2024 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://zvzvw.cupertino.org/cittjclerkfor 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 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 zvebsite 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 zvebsite. Page 2