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CUPERTINO
Regular Meeting
IN-PERSON AND TELECONFERENCE / PUBLIC PARTICIP ATION INFORMATION
Members of the public wishing to observe the meeting may do so in one of the following
ways:
1) Attend in person at Cupertino Community Hall, 10350 Torre Avenue.
2) Tune to Comcast Channel 26 and AT&T U-Verse Channel 99 on your TV.
3) The meeting will also be streamed live on and online at www.Cupertino.org/youtube
and www.Cupertino.org/webcast
Members of the public wishing to comment on an item on the agenda may do so in the
following ways:
1) Appear in person at Cupertino Community Hall.
2) E-mail comments by 4:00p.m. on Tuesday, September 19to the Council at
citycouncil@cupertino.org. 'These e-mail comments will also be forwarded to
Councilmembers by the City Clerk's office before the meeting and posted to the City's
website after the meeting.
Members of the public may provide oral public comments during the meeting as follows:
Oral public comments will be accepted during the meeting. Comments may be made
dtu'ing "oral communications" for matters not on the agenda, and during the public
comment period for each agenda item.
Oral public comments may be made during the public comment period for each agenda
item.
Members of the audience who address the City Council must come to the
lectern/microphone, and are requested to complete a Speaker Card and identify themselves.
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CityCouncil Agenda Septemberl9,2023
Completion of Speaker Cards and identifying yourself is voluntary and not required to
attend the meeting or provide comments.
3) Teleconferencing Instructions
To addtess the City Council, click on the link below to register in advance and access the
meeting:
Online
Register in advance for this webinar:
https://cityofcupertino.zoom.us/webinar/register/WN3'w9IhyVaT8KG5vHYoPl8xg
Phone
Dial: 669-900-6833 and enter Webinar ID: 931 0851 0691 (Type *9 to raise hand to speak, *6 to
unmute yourself). Unregistered participants will be called on by the last four digits of their
phone number.
Or an H.323/SIP room system:
H.323:
162.255.37.11 (US West)
162.255.36.11 (US East)
Meeting ID: 931 0851 0691
SIP: 93108510691@zoomcrc.com
After registering, you will receive a confirmation email containing information about
joining the webinar.
Please read the following instructions carefully:
1. You can directly download the teleconference software or connect to the meeting in your
internet browser. If you are using your browser, make sure you are using a current and
up-to-date browser: Chrome 30+, Firefox 27+, Microsoft Edge 12+, Safari 7+. Certain
functionality may be disabled in older browsers, including Internet Explorer.
2. You will be asked to enter an email address and a name, followed by an email with
instructions on how to connect to the meeting. Your email address w"ll not be disclosed to
the public. If you wish to make an oral public comment but do not wish to provide your
name, you may enter "Cupertino Resident" or similar designation.
3. When the Mayor calls for the item on which you wish to speak, click on "raise hand," or,
if you are calling in, press *9. Speakers will be notified shortly before they are called to
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City Council
speak.
Agenda September 19, 2023
4. When called, please limit your temarks to the time allotted and the specific agenda topic.
5. Members of the public that wish to share a document must email cityclerk@cupertino.org
prior to speaking. These documents will posted to the City's
website after the meeting.
CAtL TO ORDER
PtEDGE OF A[LEGIANCE
RO[L CALL
CtOSED SESSION REPORT
CEREMONIA[, ITEMS
1.
2. : Recognize September as National Preparedness Month
Recommended Action: Recognize September as National Preparedness Month
POSTPONEMENTS AND ORDERS OF THE DAY
ORAL COMNICATIONS
This portion of the meeting is reserved for persons zoishing to address the Cotmci( on any matter zoith'm
the jurisdictioyi of the Council and yiot on the agenda for discussio'n, irtcluding informationa[ items. The
totctl time for Ora7 Commtmiccttions will ordinarily be Limited to one hour. Individual speakers are
Limited to three (3) minutes. As necessary, tlie Chair may fiirther limit the time allowed to individual
speakers, or reschedule remaining comments to the end of the meeting on a first come first heard basis,
zoit7z priorih) given to students. In most cases, State raw will prohibit the Council from discussing or
making any decisions with respect to a matter not Listed on the agenda. A councibrteynber may,
liowever, briefly respond to statements made or questioyis posed by speakers. A coymcilme'inber may also
ask a question for c7arificcttion, provide a refererxce for factua! information, request staff to rqiort back
concerning ct matter, or request that an item be added to a future Cih) Coxmc'd agenda'm response to
public comment.
CONSENT CALENDAR (Items 3-7)
Items appearing 07? the Consent Calendar are coyisidered routine City business and may be approved by
one motion. Typical items may include meeting minutes, awards of contracts, the ratification of
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City Council Agenda September 19, 2023
accounts payable, and second readings of ordinances. Arty member of the Cormcil may request to have
an item removed from the Consent Calertdar based on the rules set fortli in the Cih) Council Procedures
Manual. Members of the public may provide input 072 one or more consertt calendar items when the
Mayor asks for public comments on the Co'nse;nt Ca(ertdar.
3. : Approve the July 18 City Council minutes (continued from September 6, 2023)
Recommended Action: Approve the July 18 City Council minrites
A - Draft Minrites
4. : Approve the September 6 City Council minutes
Recommended Action: Approve the September 6 City Council minutes
A - Draft Minutes
5.
6.
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City Council Agenda September 19, 2023
A - Avolve Software Corporation Software-as-a-Service Agreement
7. %: Award a Cooperative Services Agreement to ReDesign Group, for City's
server and storage infrastructure, for a total cost of $389,692.60, including 10o/o
contingency over five years.
Recommended Action: 1. Find under A/hinicipal Code section 3.22.070(C) that this
procurement from the National Association of State Procurement Officials is exempt
from formal competitive bidding procedures.
2. Authorize the City Manager to execute a Cooperative Services Agreement with
ReDesign Group, for Technology Refresh of the City's server and storage infrastructure,
for a total cost of $389,692.60, including 10o/o contingency over five years.
A - Cooperative Agreement NASPO C-109
B - Amendments No. I to 6 to NASPO C-109
C - California Participating Addendum
D - Amendments No. 1 & 2 to CA Partiapating Addendrim
E - Data Center Refresh Proposal
F - Disaster Recovery Site (Phoenix) 5 Year quote
G - Production Site 5 Year quote
H - Insuraiice for Consultants Contracts
I - Proof of Insurance
PUBLIC HEARINGS - None
Effective Jamtctry 1, 2023, Government Code Section 65103.5 (SB 1214) Limits the distribution of
copyrighted materia( associated with the revie;xo of developynent projects. Members of t7ie public wislii;ng
to viezo p(ans that cannot otherwise be distributed ;imder SB 1214 may yrtalce an appointment zoith the
P(anning Division to view them at City Hall by sending an emai7 to p7ayming@cupertino.org. Plans
will also be made ava'dctble digitally during tlie hearing to consider the proposal
ACTION CALENDAR
8.FY 2023-24 Internal Audit Program
Recommended Action: Approve the FY 2023-24 Internal Audit Program
Presenter: Jonathan Orozco, Finance Manager
A - FY 23-24 hiternal Audit Program
9. : Adoption of amendments to the Cupertino Municipal Code, Chapter 9.22,
expanding existing property maintenance requirements in accordance with California
Health and Safety Code 17970.5
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City Council Agenda September 19, 2023
Recommended Action: Conduct the first reading of Ordinance No. 23-2250: "An
Ordinance of the City Council of the City of Cupertino Amending City Code Chapter
9.22 of Title 9 (Health and Sanitation) to Prohibit Substandard Housing Conditions.
Presenter: Monica Diaz, Senior Code Enforcement Officer
A - Draft Ordinance
B - Assembly Bill 838
C - California Health and Safety Code section 17970.5
D - California Health and Safety Code section 17920.3
E - California Health and Safety Code section 17920.10
10. : Amendments to the Cupertino Municipal Code Chapter 5.50 of Title 5
(Business Licenses and Regulations), regulating the sale of tobacco products
Recommended Action: Conduct the first reading of Ordinance No. 23-2251: "An
Ordinance of the City Corincil of the City of Cupertino Amending Chapter 5.50 to Title
5 (Business Licenses and Regulations) to Regulate the Sale of Tobacco Products"
Presenter: Christopher Jensen, City Attorney
A - Agreement Between the Corinty and Cupertino for a Tobacco Retail Permit Program
B - Draft Ordinance (Redline)
C - Draft Ordinance (Clean)
D - Letter to Tobacco Retailers in Cupertino
11. : Revisions to City of Cupertino Ethics Policy
Recommended Action: Direct the City Attorney to revise the City of Cupertino Ethics
Policy to incorporate the provisions of the 2018 City's Ethics Code, as amended to
ensure consistency with the City Council Procedures Manual and to address
recommendations of the City's internal auditor, and provide direction on any
additional Ethics Policy revisions
Presenter: Christopher Jensen, City Attorney
A - Resolution No. 20-011 (Adopting the City of Cupertino Ethics Policy
B - Resolution No. 18-115 (Adopting the City of Cupertino Code of Ethics and Condrict for Elected and
Appointed Officials)
C - Civil Grand Jury Report, "A House Divided: Cupertino City Council and Staff"
D - Fact-Finding Report
E - Enterprise Leadership Assessment
F - Btlncs Code Menu/Worksheet
G - Survey Results
COUNCI[ REPORTS AND COMMENTS
12. : Councilmember Reports
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City Council Agenda September 19, 2023
A - Council Reports Fruen
B - Council Reports Mohan
C - Corincil Reports Wei
CITY MANAGER REPORT
ORAL COMMUNICATIONS - CONTINUED
INFORMATIONAL ITEMS
Information iteins are intended to provide backgroxmd i;nformatio;n and routine reports to
Coxmci7ynembers and the public, without discussion by Cotmcil. Members of the pubdic wishing to
coyrtment on informcttiona( items should do so during oral commvmications
13. : Receive the Monthly Treasurer's Report for August 2023
Recommended Action: Receive the Monthly Treasurer's Report for August 2023
Staff Reoort
A - Report of City-wide Receipts, Disbursements, and Cash Balances August 2023
B - Report of City-wide Fund BalancesNet Position August 2023
14, : Receive the Monthly Treasurer's Investment Report for August 2023
Recommended Action: Receive the Monthly Treastrer's Investment Report for August
2023
A - Chandler Investment Report August 2023
COUNCI[ AND STAFF COMMENTS AND FUTURE AGENDA ITEMS
ADJOURNMENT
Lobbyist Registration and Reporting Requirements: Individuals zoho influeyice or attempt to influence
legislative or administrative action may be required by the City of Cupertino's Lobbyiyig ordinance
(Cupertino Municipa7 Code Chapter 2.100) to register and report lobbying activiti). Persons whose
communicrttions regarding any (egis(ative or admiizistrative are so(ely limited to appearing at or
submitting testimony for any public yneetiyig field by the Cih) are not required to register as Lobbyists.
For inore infor'ination about the lobbying ordinance, please contact the Citi) Clerk's Office at 10300
Torre Avenue, Cupertino, CA 94107; telep)'xone (408) 777-3223; emai7 cih)c7erk@cupertino.org; and
website: zowto.cupertino.org/Lobbyist.
The Citi) of Cupertino lias adopted the provisions of Code of Civi7 Procedure §1094.6; 7itigcttion
chcdlenging ct find decision of the City Coxmc'd must be brought within 90 days after a decision is
annourtced u'rdess a shorter time is required by State or Federal law.
Prior to seeking judicia7 review of any adjudicatory (quctsi-fitdicial) decision, interested persons must
file a petition for reconsidercition witJiirt ten calendar days of the date t)ie City Clerk mails notice of th.e
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City Council Agenda September 19, 2023
City's decision. Reconsiderrttxon petitions must compiy zoith tlie requirements of Cupertino Municipal
Code §2.08.096. Contact the City Clerk's office for more information or go to
littp://www.cupertino.org/cityclerk for a reconsideration petition fmm.
77? compliance with the Americans witli Disabilities Act (ADA), anyone who is p(anning to attend this
meeting who is visually or hearing iynpaired or has any disabilih) that needs specia( assistance shou(d
caL7 the City Clerk's Office at 408-777-3223, at Least 48 liours in advance of the meeting to arrange for
assistance. In addition, upon request, in advance, by a person with a disctb'dity, meeting agendas and
writings distributed for the meeting that are public recmds wiu be made available in the appropriate
alternrttive formctt.
Any zoritings or doc;im;xe;nts provided to a majoriti) of the Cupertirto City Coxmci7 after publication of
the packet will be made ctvailable for public inspection in the City Clerk's Office located at Cih) Hall,
10300 Torre Avewe, Cupertino, California 95014, during norma7 business hours; and 'm Counci7
packet archives li;nked from the agenda/minutes page on the Cupertino zoeb site.
IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Mzmicipa7 Code section
2.08.100 written communicatioyis sent to the Cupertino City Courtci[, Commissioners or Cih) staff
concer'ning a matter on tlie agertda are included as suppLementct7 material to tl'te agertdized item. These
ziyritten comymmications are accessibre to the public tl'trough the Citi)'s website and kept in packet
archives. Do not include any personal or private information in zoritten commmicatioris to the City
tliat you do not wish to make public, as zoritten com'tmmications are considered p'ttblic records and will
be made publicly available on the City website.
Page 8
THECITYCOUNCIL ANDSTAFF
CITY COUNCIL
Cupertino is a General Law city organized under and subject to statutes of the State of California. It is governed by
the five-member City Council with the Mayor as the presiding officer. City Council members are elected at-large to
four-year, overlapping terms. Each November a mayor and a vice-mayor are selected by the City Council for a one-
year term.
The City Council receives advice and assistance from eleven advisory bodies, which are appointed by the Council.
These are the Audit Committee, Bicycle Pedestrian Commission, Fine Arts Commission, Housing Commission,
Library Commission, Parks and Recreation Commission, Planning Commission, Public Safety Commission,
Sustainability Commission, Teen Commission, and Technology, Information, and Communications Commission.
Council members also serve on a variety of regional bodies, including:
- Association of Bay Area Governments
League of California Cities
Santa Clara County (SCC) Cities Association
SCC Emergency Preparedness Council
SCC Library District
- SCC Emergency Preparedness Commission
- SantaC1araValleyWaterCommissionandWaterDistrict
- SCCTransportationAuthoritym
- West Valley Mayors and Managers
STAFF
The City Manager and the City Attorney are appointed by the Council. The City Manager is responsible for
interpreting and carrying out Council policies and direction, and as the chief administrative officg the City Manager
coordinates the many activities of the city and appoints the professional and technical staff. The City Attorney is the
advisor to the City Council as a whole.
TYPES OF COUNCII ACTIONS
ORDINANCES
Ordinances are the means by which the City enacts its local laws. Unless an urgent situation exists, ordinances will
first be presented at a Council meeting as a "first reading." At a subsequent Council meeting, there will be a "second
reading and adoption." Ordinances go into effect after a waiting period of thirty days, in most cases, during which
time the summary of the ordinance is published in a local newspaper approved far this purpose.
RESOLUTIONS
Resolutions and minute orders are the means by which the City Council formally adopts policies or approves specific
actions. These go into effect when adopted.
APPEALS
Any interested person, including a Council member, may appeal a Planning Commission or Director of Community
Development decision to the City Council. An appeal must be submitted in writing to the City Clerk within 14
calendar days of the mailing of the notice of the decision.
RECONSIDERATION
Prior to seeking iudicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition
for reconsideration within ten calendar days of the date the City Clerk mails notice of the City's decision.
Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the
City Clerk's office for more information or go to www.http://www.cupertino.org/index.aspx?page=l25 for a
reconsideration petition form.
COMMUNICATING WITH COUNCIL
All Council members:
Hung Wei
Sheila Mohan
Liang Chao
J.R. Fruen
Kitty Moore
Executive Assistant
City Hall
citycouncil@cupertino.org
HWei@cupertino.org
SMohan@cupertino.org
LiangChao@cupertino.org
JRFruen@cupertino.org
KMoore@cupertino.org
Debran@cupertino.org
www.cupertino.org
408 777-3139
408 777-1326
408 777-3192
408 777-1316
408 777-1389
408 777-3212
408 777-CITY
Please note: the City Council discourages submission of written materials on the day of the meeting as this does not
provide enough time to give the materials fair evaluation. If you must provide written materials on the day of the
meeting, as least one copy must be given to the City Clerk for the permanent record, and ten copies are preferred.
NEWS AND NOTICES FROM CITY HALL
EMAIL
Sign up for e-notification of agendas, elections, and other news on the city website at www.cupertino.org/notify
TELEVISION
The City Channel broadcasts City Council and Planning Commission meetings, as well as agenda previews, public
service announcements, and other programs of community interest, on Channel 26 in Cupertino. The meetings
are shown at these times:
Tuesday (live) 6:45 p.m.
Thursday (replay) 7:00 p.m.
INTERNET
City Council and Planning Commission videos are available on demand at www.cupertino.org. Select "I Want
To, View City Council meetings".
Friday (replay) 10:00 a.m.
Saturday (replay) 9:00a.m.
News and community information can also be found at:
https://www.facebook.com/cityofcupertino/
https://twitter.com/CityofCupertino
https://www.instagram.com/cityofcupertino
AUDIO
Tune into Radio Cupertino, 1670 AM, for meeting announcements, public service messages, and emergency
annou ncements.
USEFUL TEIEPHONE NUMBERS
City of Cupertino (City Hall) General Information and Comments (408) 777-CITY
Fire (Emergency) Santa Clara County Fire Dept. dispatch 911
Fire (Non-Emergency ) Santa Clara County Fire Dept. (408) 378-4010
Garbage RecologySouthBay (408)725-4020
Gas & Electricity Pacific Gas & Electric (PG&E) 1-800-743-5000
Recreation&Community QuinlanCommunityCenter (408)777-3120
SeWces
Police (Emergency) Santa Clara County Sheriff dispatch 911
Police (Non-Emergency) Santa Clara County Sheriff (408) 868-6600
Public Health Santa Clara County Public Health (408) 732-3720
SanitarySewers CupertinoSanitary District (408)253-7071
Water SanJoseWater (408)279-7900
CaliforniaWater (650)917-0152