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HomeMy WebLinkAboutCC - 10.10.2023IN-PERSON AND TELECONFERENCE / PUBLIC PARTICIPATION INFORMATION X'f Members of the public wishing to observe the meeting may do so in one of the following ways: 1) Attend in person at Cupertino Community Hall, 10350 Torre Avenue. 2) Tune to Comcast Channel 26 and AT&T U-Verse Channel 99 on your TV. 3) The meeting will also be streamed live on and online at www.Cupertino.org/youtube and www.Cupertino.org/webcast Members of the public wishing to comment on an item on the agenda may do so in the following ways: 1) Appear in person at Cupertino Community Hall. 2) E-mail comments by 4:00p.m. on Tuesday, October 10to the Council at citycouncil@cupertino.org. These e-mail comments will also be forwarded to Councilmembers by the City Clerk's office before the meeting and posted to the City's website after the meeting. Members of the public may provide oral public comments during the Meeting as follows: Oral public comments will be accepted during the meeting. Comments may be made during "oral communications" for matters not on the agenda, and during the public comment period for each agenda item. Oral public comments may be made during the public comment period for each agenda item. Members of the audience who address the City Council must come to the lectern/microphone, and are requested to complete a Speaker Card and identify themselves. Page I CityCouncil Agenda OctoberlO,2023 Completion of Speaker Cards and identifying yourself is voluntary and not required to attend the meeting or provide comments. 3) Teleconferencing Instructions To address the City Council, click on the link below to register in advance and access the meeting: Online Register in advance for this webinar: https://cityofcupertino.zoom.us/webinar/register/WNTFqEsCGQ-SOaoqk4H6gCg Phone Dial: 669-900-6833 and enter Webinar ID: 964 7470 4072 (Type *9 to raise hand to speak, *6 to unmute yourself). Unregistered participants will be called on by the last four digits of their phone number. Or an H.323/SIP room system: H.323: 162.255.37.11 (US West) 162.255.36.11 (US East) Meeting ID: 964 7470 4072 SIP: 96474704072@zoomcrc.com After registering, you will receive a confirmation email containing information about joining the webinar. Please read the following instructions carefully: 1. You can directly download the teleconference software or connect to the meeting in your internet browser. If you are using your browser, make sure you are using a current and up-to-date browser: Chrome 30+, Firefox 27+, Microsoft Edge 12+, Safari 7+. Certain functionality may be disabled in older browsers, including Internet Explorer. 2. You will be asked to enter an email address and a name, followed by an email with instructions on how to connect to the meeting. Your email address will not be disclosed to the public. If you wish to make an oral public comment but do not wish to provide your name, you may enter "Cupertino Resident" or similar designation. 3. When the Mayor calls for the item on which you wish to speak, click on "raise hand," or, if you are calling in, press *9. Speakers will be notified shortly before they are called to Page 2 City Council speak. Agenda October 10, 2023 4. When called, please limit your remarks to the time allotted and the specific agenda topic. 5. Members of the public that wish to share a documerit must email cityclerk@cupertino.org prior to speaking. These documents will be posted to the City's website after the meeting. NOTICE AND CAI,I, FOR A SPECIAt MEETING OF THE CUPERTINO CITY COUNCI[ NOTICE IS HEREBY GIVEN that a special meeting of the Cupertino City Council is hereby called for Tuesday, October 10, 2023, commencing at 6:45 p.m. in Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, California 95014 and via teleconference. Said special meeting shall be for the purpose of conducting business on the subject matters listed below under the heading, "Special Meeting." SPECIAL MEETING CALL TO ORDER PLEDGE OF Al,[EGIANCE ROI,L CALL CtOSED SESSION REPORT CEREMONIAt ITEMS 1. : Recognition of October as Hindu Heritage and Awareness Month Recommended Action: Recognize October as Hindu Heritage and Awareness Month 2.$: Recognition of 2nd week of October as Code Enforcement Officer Week Recommended Action: Recognize 2nd week of October as Code Enforcement Officer Week 3.$: Silicon Valley Clean Energy (SVCE) Electric Showcase Award honoring Cupertino resident winner Recommended Action: Receive presentation for SVCE Electric Showcase Award honoring Cupertino resident winner POSTPONEMENTS AND ORDERS OF THE DAY ORA[ COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the Counc'd on ayiy matter within Page 3 City Council Agenda October 10, 2023 tlie jurisdiction of the Counci7 and not 07'l the agenda for discussion, including informational items. The tota7 time for Oral Communications will ordinarily be limited to one hour. Individi.tal speakers are Limited to three (3) minutes. As necessary, the Chair may fitrther limit the time ctuorned to individua7 speakers, or reschedu7e rema'ming comments to the end of the meeting on a first come first heard basis, with prioriti) given to students. In ynost cases, State lazo wil) prohibit the Coymcil from discussing or making any decisions with respect to a matter not Listed on tlie agenda. A councilmember may, 7xowever, briefLy respond to statements made or questions posed by speakers. A councilmember may also ask a question for c(arification, provide a reference for factual information, request staff to report back concerning a matter, or request that an item be added to a future City Coxmcil agenda in response to public comment. CONSENT CALENDAR (Items 4-10) Items appearing on the Consent Calendar are considered routine City business arid may be approved by one motion. Typical items may incrude meeting minutes, awards of contracts, tlie ratification of accou;nts payable, and second readings of ordinances. Any member of the Counci7 may req;itest to have an item removed from t7ie Consent Calendar based 07? the rtdes set forth in the Citi) Counci7 Procedures ManuaL Members of the public may provide input O?? one or more consent cct[endar items when the Mayor asks for public comments on the Consent Cctlendrtr. 4. : Approval of the September 19 City Council minutes Recommended Action: Approve the September 19 City Council minrites A - Draft Minutes 5.: Updates to the Policies and Guidelines on Sister Cities, Friendship Cities, and International Delegations Recommended Action: Adopt the ripdated City of Cupertino's Policies and Guidelines on Sister Cities, Friendship Cities, and International Delegations, which aim to ensure efficiency within the Sister and Friendship City program and clarity on travel expenses and gifts Staff Report A - 2018 Policies and Giidelines on Sister Cities, Friendship Cities, and International Delegations B - Redline: Policies and Guidelines on Sister Cities, Friendship Cities, and International Delegations C - Clean: Policies and Guidelines on Sister Cities, Friendship Cities, and International Delegations 6. : Community Development Block Grant (CDBG) Program finding allocation for the Senior Center Fire Alarm Upgrade Project Page 4 City Council Agenda October 10, 2023 Recommended Action: 1. Authorize the use of CDBG funding to upgrade the fire alarm system at the City's Senior Center, as part of the Capital Improvement Programs (CIP) Building Condition Assessment (BCA) Improvements project. 2. Adopt Resolution No. 23-103 approving Budget Modification No. 2324-305 increasing appropriations in the Capital Improvement Programs Capital Project Fund for the Building Condition Assessment (BCA) Improvements project by $367,951.38 through the use of CDBG funding Staff Report A - Senior Center Building Condition Assessment Report B - Draft Resolrition : First amendment to the Agreement Creating the Santa Clara County Recyding and Waste Reduction Technical Advisory Committee (TAC) to allow members to participate in TAC meetings using teleconference technology pursuant to Brown Act prOVlSIOnS. Recommended Action: Atithorize the City Manager to execute the first amendment to the Agreement Creating the Santa Clara County Recycling and Waste Reduction TAC to allow members to participate in TAC meetings using teleconference technology pursuant to Brown Act provisions. Staff Report A - TAC MOA Agreement Amendment B - TAC MOA 2013 Agreement : Updated Resolution Authorizing the City of Cupertino to Apply for CalRecycle Payment Programs. Recommended Action: Adopt Resolution No. 23-104, aritliorizing submittal of applications for CalRecycle's Payment Programs using an updated resolution as required by CalRecycle. Staff Report A - Draft Resolrition : Award a construction contract for the McClellan Road Separated Bike Corridor Phase 3 Project to Redgwick Construction Company for improvements at the intersection of De Anza Boulevard and McClellan Road/Pacifica Drive and approve a budget modification in the amount of $975,000. Page 5 City Council Agenda October 10, 2023 Recommended Action: 1. Award a construction contract for the McClellan Road Separated Bike Corridor, Phase 3 Project (Project 2020-12) in the amount of $1,569,386 to Redgwick Construction Company; 2. Authorize the City Manager to execute the contract when all conditions have been met; 3. Authorize the Director of Public Works to exeaite any necessary construction change orders up to a construction contingency amount of $156,939 (10%) for a total contract amount of $1,726,325; and 4. Adopt Resolution No. 23-105 approving budget modification #2324-304, approving a transfer of $948,552from the Capital Improvement Fund (budget rinit 420-99-036 900-905, ST 047) to the Transportation Fund (budget unit 270-99-269 900-905) and approving a transfer of $975,000 within the Transportation Fund from Senate Bill (SB) I Capital Outlay (budget unit 270-85-821 900-971) to the project (budget unit 270-99-269 900-905), for a total authorized project expenditure of $2,299,410. Staff Reoort A - Draft Contract B - Draft Resolution 10. $: Stevens Creek Boulevard/Calabazas Creek Storm Drain Repair Emergency Work Declaration, and authorization for the City Manager to negotiate and execute contract(s) for the repair work Recommended Action: 1. Adopt Resolution No. 23-106 declaring the repairs necessary to restore Stevens Creek Storm Drain as Emergency Work, per City of Cupertino Municipal Code (CMC) Section 3.23.130 C and Public Contract Code Section 22050; 2. Adopt Resolution No. 23-107 approvin(g budget modification #2324-306, approving a transfer out appropriation of $580,000 from the Capital Reserve Frind (429), a transfer in revenue and incteased appropriations of $460,000to the project (budget unit 420-99-266), for a total arithorized project expenditure of $880,000; and 3. Authorize the City Manager to negotiate and execute a construction contract to perform the repairs, without a public bidding process, for an amount (CIP Project number 2024-01) not to exceed the project's approved funding level of $880,000 A - Draft Resolution - Emergency Declaration B - Stevens Creek Boulevard-Calabazas Creek SD Work Area Exhibit C - Draft Resolution - Budget Modification PUBLIC HEARINGS - None Effective January 1, 2023, Government Code Section 65103.5 (SB 1214) limits the distribution of copyrighted mrtterinl associated zuith the review of development projects. Members of t1ie public wishirtg to riier.ti p'ictrts that cannot otherwise be distributed under SB 1214 may make an cippointment wit7i tlie Plaming Division to vie;xo tliem at Citi) HalL by send'mg an email to p7awi;ng@cupertino.org. P4ans wil( also be mrtde available digitally during tlie liearing to consider Uie proposal. Page 6 City Council Agenda October 10, 2023 ACTION CA'tENDAR 11. $: Establish a General Fund Sales Tax Repayment Reserve Recommended Action: A. Approve an amendment to the City's Cornrnitted, Unassigned Fund Balance, and Use of One Time Finds Policy to: i. Create a General Fund Sales Tax Repayment Reserve with an initial allocation of $56.5 million ii. Authorize staff to increase the Sales Tax Repayment Reserve when the City receives additional sales tax revenue in dispute iii. Decrease the General Fund Capital Projects Reserve by $10.0 million iv. Decrease the General Fund Economic Uncertainty Reserve by $6.0 million Presenter: Kristiiia Alfaro, Director of Administrative Services Staff Reoort A - Committed, Unassigned, and Use of One Time Funds Policy Clean B - Committed, Unassigned, and Use of One Time Funds Policy Redline COUNCIL REPORTS AND COMMENTS 12. CITY MANAGER REPORT ORA[ COMMUNICATIONS - CONTINUED INFORMATIONAL ITEMS - None Information items are inteyided to provide backgrotmd informatioyi and routine reports to Counc'dmembers and the public, without discx.tssion by Council. Members of the pub(ic wishiyig to conmxent on informationa( iteyns should do so during ora7 comymmications COUNCIL AND ST AFF COMMENTS AND FUTURE AGENDA ITEMS ADJOURNMENT Lobbyist Registration arxd Reporting Requirements: Individuals zoho influence or attempt to influence 1egisLative or administratxve actioyi may be required by t7ze City of Cupertino's lobbying ordinance (Cupertino Municipal Code Chapter 2.100) to register and report lobbying activity. Persons whose commymiccttions regarding any (egisLcttivc or administrative tyre solely Limited to appearing at or submitting testimony for any public meeting held by the Citi) are not required to register as lobbyists. For more inforynation about the lobbying ordinance, please contact the City Clerk's Office at 10300 Page 7 CityCouncil Agenda OctoberlO,2023 Torre Avewe, Cupertino, CA 94107; telephone (408) 777-3223; email cityclerk@cx.ipertmo.org; and website: mow.cupertino.org/lobbyist The City of Cupertino has adopted the provisions of Code of Civi7 Procedure §1094.6; 7itigation chctllenging a fina7 decision of the Cih) Cormci7 must be brought within 90 days after a decision is announced unless a shorter time is required by State or Federal lctw. Prior to seek'nig judicial revie'co of any adjudicatory (quasi-judicirtD decision, interested persons must fi(e a petitio;rt for reconsiderrttion within ten calendar days of the date the City Clerk mctils notice of the City's decision. Reconsideratxon petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the Cif4 Clerk's office for more 'n4ormation or go to http://wmu.cupertino.org/cifi)c7erk for a reconsideraho;n petition fornx. In compliance with the Americans with Disabilities Act (ADA), an3ione zti7zo is planning to attend tliis meeting who is visually or hearing impaired or has any disab'dih) that needs specia7 assistcmce should call the City Clerk's Office at 408-777-3223, at least 48 hours in advance of the meeting to arrange for assistance. In addition, upon request, in advance, by a person zoith a disability, meeting ctgendas and zoritings distributed for the meeting that are public records will be made available in the appropriate rtlterrtative format. A7?!/ writings or documents provided to a majority of the Cupertino City Coymcil after publicatio;iz of the packet wi(7 be made avai(abre for public inspection in the City Clerk's Office Located tit Cih) Hail, 10300 Torre Avewe, Cupertino, Ccdifornia 95014, during normctl business hours; rind in Co;ymci7 pctcket archives Linked from the agenda/minutes page on the Ci.tpertino web site. IMPORTANT NOTICE: P4ease be advised tliat pursuctnt to Cupertino Mmicipal Code section 2.08.l00written commrmicrttions sent to the Cupert'mo Cifi) Council, Coynmissioners or City staff concerning a matter on the agenda are 'mcluded as supp7emerttal mctterial to tlie ctgertdized item. These written communications are accessible to the public through the City's website and kept in packet archives. Do not include any personal or privctte information'm written communications to t1ie Cifi) that you do not wish to make public, as written cortmztmications are corysidered pub(ic records and zoi77 be made publicly avai7able 07? the City website. Page 8 THE CITY COUNCIL AND STAFF CITY COUNCIL Cupertino is a General Law city organized under and subject to statutes of the State of California. It is governed by the five-member City Council with the Mayor as the presiding officer. City Council members are elected at-large to four-year, overlapping terms. Each November a mayor and a vice-mayor are selected by the City Council for a one- year term. The City Council receives advice and assistance from eleven advisory bodies, which are appointed by the Council. These are the Audit Committee, Bicycle Pedestrian Commission, Fine Arts Commission, Housing Commission, Library Commission, Parks and Recreation Commission, Planning Commission, Public Safety Commission, Sustainability Commission, Teen Commission, and Technology, Information, and Communications Commission. Council members also serve on a variety of regional bodies, including: - Association of Bay Area Governments League of California Cities Santa Clara County (SCC) Cities Association SCC Emergency Preparedness Council SCC Library District SCC Emergency Preparedness Commission Santa Clara Valley Water Commission and Water District SCC Transportation Authoritym WestValley Mayors and Managers STAFF The City Manager and the City Attorney are appointed by the Council. The City Manager is responsible for interpreting and carrying out Council policies and direction, and as the chief administrative officer, the City Manager coordinates the many activities of the city and appoints the professional and technical staff. The City Attorney is the advisor to the City Council as a whole. TYPES OF COUNCIL ACTIONS ORDINANCES Ordinances are the means by which the City enacts its local laws. Unless an urgent situation exists, ordinances will first be presented at a Council meeting as a "first reading." At a subsequent Council meeting, there will be a "second reading and adoption." Ordinances go into effect after a waiting period of thirty days, in most cases, during which time the summary of the ordinance is published in a local newspaper approved for this purpose. RESOLUTIONS Resolutions and minute orders are the means by which the City Council formally adopts policies or approves specific actions. These go into effect when adopted. APPEALS Any interested person, including a Council member, may appeal a Planning Commission or Director of Community Development decision to the City Council. An appeal must be submitted in writing to the City Clerk within 14 calendar days of the mailing of the notice of the decision. RECONSIDERATION Prior to seeking judicial review of any adiudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City's decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's office for more information or go to www.http://www.cupertino.org/index.aspx?page=l25 for a reconsideration petition form. COMMUNICATING WITH COUNCIL All Council members: Hung Wei Sheila Mohan Liang Chao J.R. Fruen Kitty Moore Executive Assistant City Hall citycouncil@cupertino.org HWei@cupertino.org SMohan@cupertino.org LiangCha4>cupertino.org J RFruen@cupertino.org KMoore@cupertino.org ; Debran@cupertino.org www.cupertino.org (408 777-3139 408 777-1326 408 777-3192 408 777-1316 408 777 -1389 408 777-3212 408 777-CITY Please note: the City Council discourages submission of written materials on the day ofthe meeting as this does not provide enough time to give the materials fair evaluation. If you must provide written materials on the day of the meeting, as least one copy must be given to the City Clerk for the permanent record, and ten copies are preferred. NEWS AND NOTICES FROM CITY HALI EMAIL Sign up for e-notification of agendas, elections, and other news on the city website at www.cupertino.org/notify TELEVISION The City Channel broadcasts City Council and Planning Commission meetings, as well as agenda previews, public service announcements, and other programs of community interest, on Channel 26 in Cupertino. The meetings are shown at these times: Tuesday (live) 6:45p.m. Friday(replay) lO:OOa.m. Thursday (replay) 7:00 p.m. Saturday (replay) 9:00 a.m. INTERNET City Council and Planning Commission videos are available on demand at www.cupertino.org. Select "l Want To, View City Council meetings". News and community information can also be found at: https://www.facebook.com/cityofcupertino/ https://twitter.com/CityofCupertino https://www.instagram.com/cityofcupertino AUDIO Tune into Radio Cupertino, 1670 AM, for meeting announcements, public service messages, and emergency announcements. USEFUL TELEPHONE NUMBERS City of Cupertino (City Hall) General Information and Comments (408) 777-ClTY Fire (Emergency) Santa Clara County Fire Dept. dispatch 911 Fire (Non-Emergency ) Santa Clara County Fire Dept. (408) 378-4010 Garbage RecologySouthBay (408)725-4020 Gas & Electricity Pacific Gas & Electric (PG&E) 1-800-743-5000 Recreation & Community Quinlan Community Center (408) 777-3120 Services Police(Emergency) SantaClaraCountySheriff dispatch 911 Police (Non-Emergency) Santa Clara County Sheriff (408) 868-6600 Public Health Santa Clara County Public Health (408) 732-3720 SanitarySewers CupertinoSanitaryDistrict (408')253-7071 Water SanJoseWater (408)279-7900 CaliforniaWater (650)917-0152 _l 01 IllllNllulllull lllullllla}ulllll ul Ill iilliijl Inniii 111111 Ill lullullllTjffillli lumljulll 1111 ITmliii 111111 Imll Ill * 101111010 I 0 I I I #l} @ a II . 111111111111 .llliillllll 1101% la#l#0lllll II # 0 101 I 10 #0 lal}l Ila Ill II II 101 00