HomeMy WebLinkAboutCC - 09.06.2023PQS [2 '!!
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IN-PERSON AND TELECONFERENCE / PUBLIC PARTICIPATION INFORMATION
Members of the public wishing to obsetve 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 Wednesday, September 6to 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 Special Meeting as
follows:
Otal 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
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CityCounci-l Agenda Septembet6,2023
lectern/microphone, and are requested to complete a Speaker Card and identify themselves.
Completion of Speaker Cards and idetttifying 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/WNDLmEqiYER3SA48vWDCCVLQ
Phone
Dial: 669-900-6833 and enter Webinar ID: 990 5322 6294 (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: 990 5322 6294
SIP: 99053226294@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,
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CityCouncil Agenda September6,2023
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 speaking. 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
called for Wednesday, September 06, 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
ROLL CALL
CLOSED SESSION REPORT
CEREMONIAL ITEMS
1.$: Prodamation recognizing September as National Suicide Prevention Month
Recommended Action: Present proclamation recognizing September as National
Suicide Prevention Month
A - Prodamation
POSTPONEMENTS AND ORDERS OF THE DAY
ORAL COMMUNICATIONS
This portiort of the meeting is reserved for persorrs zoishing to address the Co'bmcil on any matter with'm
the jurisdictiorx of the Cormcil and not on the agenda for discussion, inc7uding irxformationa7 items. The
tota) time for Oral Commrmications zoil7 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 reschedtde remain'mg comments to the end of the meeting on a first come first heard basis,
zoith priority given to studertts. In most cases, State Law zoil7 prohibit the Courtci7 from discuss'mg or
making any decisions roith respect to a matter not (isted on the agenda. A councilmember may,
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City Council Agenda September 6, 2023
however, briefly respond to statements made or questiorts posed by speakers. A councilmember may also
ask a question for clarification, provide a reference for factual i;nformation, 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 2-5)
Items appearing on the Consent Calendar are considered routine Cih) busirtess arid may be approved by
orte motion. Typical items may include meeting mimttes, azoards of corxtracts, the ratification of
accourxts payable, and second readirtgs of ordirxances. Any member of the Covmcil may request to have
an item removed from the Consent Calendar based on the rules set forth in the City Co'bmcil Procedures
Manual. Members of the public may provide input O?Z one or more consent calendar items whert the
Mayor asks for public comments on the Consent Calendar.
2. $: Approve the July 18 City Cou"icil minutes
Recommended Action: Approve the July 18 City Council minrites
A - Draft Minutes
3. $: Approve of the July 25 City Council minutes
Recomrnended Action: Approve the July 25 City Council minutes
A - Draft A/Iinutes
4.Ratifying Accorints Payable for the periods ending July 7, 2023; July 14, 2023;
Jily 21, 2023; and July 28, 2023.
Recommended Action: A. Adopt Resolution No. 23-095 ratifying Accotnts Payable for
the Period ending July 7, 2023;
B. Adopt Resolution No. 23-096 ratifying Accounts PayabIe for the Period ending July
14, 2023;
C. Adopt Resolution No. 23-097 ratifying Accoints Payable for the Period ending July
21. 2023: and
D. Adopt Resolution No. 23-098 ratifying Accounts Payable for the Period ending July
28. 2023.
A - Draft Resolution 7.7.23
B - Weekly AP Payment Reg'ster for the Period Ending 7.7.23
C - Draft Resolution 7.14.23
D - Weekly AP Payment Register for the Period Ending 7.14.23
E - Draft Resolution 7.21.23
F - Weekly AP Payment Register for the Period Ending 7.21.23
G - Draft Resolution 7.28.23
H - Weekly AP Payment Register for the Period Ending 7.28.23
5. $: Approve a First Amendment to the agreement with NexInite, LLC., to support
the functionality of the Capital Improvement Program (CIP) Management Hub.
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City Council Agenda September 6, 2023
Recommended Action: Authorize the City Manager to exeaite a First Amendment to
the agreement with NexInite, LLC., to support the functionality of the Capital
Improvement Program (CIP) Management Hub, increasing the not-to-exceed contract
amount to $255,000 and extending the term of the agreement to June 30, 2026.
Staff Repoort
A - Agreement No. 21-278 NexInite, LLC., for CIP Management Hub
B - First Amendment to CIP Management Hub Agreement
PUBLIC HEARINGS - None
Effective January 1, 2023, Government Code Section 65103.5 (SB 1214) limits the distribution of
copyrighted materia7 associated with the review of development projects. Members of the public wishing
to view plans that cannot otherwise be distributed urtder SB 1214 may make an appointment with the
Plarming Division to view them at City Hall by sending an email to plartning@cupertino.org. Plarxs
wiu also be made available digitally during the hearing to consider the proposaL
ACTION CALENDAR
6.$: Enterprise Leadership Assessment Audit Final Report
Recommended Action: Receive the Enterprise Leadership Assessment Audit Final
Report
Presenter: Kristina Alfaro, Director of Administrative Services
Staff repoort
A - City of Cupertino Enterprise Leadership Assessment Audit Final Report
7.$: Review of Corincilmember compliance with Municipal Code Chapter 2.17,
recommendations in May 2023 Fact Finding Report, and related governance issues
Recommended Action: Consider findings regarding Councilmember compliance with
Minicipal Code Chapter 2.17, recornrnendations in May 2023 Fact Finding Report, and
related governance issues, and provide direction on further measures to improve
govemance practices, as recommended below
Presenter: Christopher Jensen, City Attorney
Staff Report
A - Grand Jury Report - "A House Divided: Cupertino City Corincil and City Staff"
B - City of Cupertino Response to Grand Jury Report
C - Fact Finding Report
D - Enterprise Leadership Assessment
E - Enterprise Risk Assessment
8.$: Revisions to Cupertino City Coincil Procedures Manual
Recommended Action: Provide input regarding revisions to Cupertino City Council
Procedures Manual
Presenter: Christopher Jensen, City Attorney
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City Council Agenda September 6, 2023
Staff Report
A - Resolution No. 23-021 (Cupertino City Corincil Procedrires Manual)
B - Enterprise Leadership Assessment
COUNCIL REPORTS AND COMMENTS
5: Coincilmember Reports
A - Corincil Reports Fnien
B - Council Reports Wei
CITY MANAGER REPORT
ORAL COMMUNICATIONS - CONTINUED
INFORMATIONAL ITEMS
Informatiorx items are irttertded to provide backgrovmd i4ormation arid routirte reports to
Councilmembers a;nd the public, without discussion by CounciL Members of the public wishing to
comyrtent on informational items shordd do so dur'mg oral commrmicatiorts.
10. $: Update on renewed Friendship City Organizations
Recornrnended Action: Receive update on renewed Friendship City Organizations
Informational Memorandum
A - Sister and Friendship City Policy
B - New Taipei City Renewal Doaunents
C - Taiching Renewal Documents
D - Tongxiang Renewal Documents
E - Xianning Renewal Docirnents
11.6: Receive the Treasurer's Investment Report for the Quarter Ending June 30,
2023
Recommended Action: Receive the Treasurer's Investment Report for the Quarter
Ending June 30, 2023
A - Chandler Investment Report Jine 2023
B - Chandler Custodial Statement Jine 2023
C - PARS Pension and OPEB Accoint Statement June 2023
D - LAIF Accoint Statement June 2023
12. 6: Receive the Monthly Treasurer's Report for July 2023
Recornrnended Action: Receive the Monthly Treasurer's Report for July 2023
A - Report of City-vvide Receipts, Disbursements, and Cash Balances July 2023
B - Report of City-wide Fiu'id BalancesNet Position July 2023
13. $: Receive the Monthly Treasurer's Investment Report for July 2023
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City Council Agenda September6,2023
Recommended Actioi"i: Receive the Monthly Treasurer's Investment Report for July
2023
A - Chandler Investment Report July 2023
COUNCIL AND ST AFF COMMENTS AND FUTURE AGENDA ITEMS
ADJOURNMENT
Lobbyist Registration and Reporting Requirements: Individuals who influence or attempt to influence
legislative or administrative actio;n may be required by the Cih) of Cupertino's lobbying ordinance
(Cupert'mo Municipa7 Code Chapter 2.100) to register arxd report lobbyirtg activity. Persons zohose
communications regardiryg any legislative or administrative are solely )imited to appearing at or
submitting testimo;ny for any public meeting held by the Cih) are not required to register as 7obbyists.
For more information about the lobbying ordinance, please contact the City Clerk's Office at 10300
Torre Avemte, Cupertino, CA 94107; telephone (408) 777-3223; email cityclerk@cupertino.org; and
website: zozow.cupertino.org/lobbyist.
The City of Cupert'mo has adopted the provisions of Code of Civil Procedure §1094.6; Litigation
challenging a final decision of the Cih) Cormcil must be brought with'm 90 days after a decision is
armounced urdess a shorter time is required by State or Federal Jaw.
Prior to seelcing judicial review of any adjudicatory (quasi-judicial) decision, interested persons must
file a petition for reconsideration with'm ten calendar days of tlie date the City Clerk mails rxotice 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:/howw.cupertirxo.org/cih)clerk for a reconsideratiory petition form.
Irx compliartce zoith the Americans with Disabilities Act (ADA), arxyone who is planning to attend this
meeting who is visually or hearing impaired or has any disability that rteeds specia7 assistance should
call the City Clerk's Office at 408-777-3223, at Least 48 hours in advance of the meeting to arrarxge for
assistance. h additiory, upon request, irx advance, by a person with a disability, meeting agendas and
'xoritings distributed for t7ie meetirtg that are public records zoil7 be made available 'm the appropriate
alternative format.
Arxy writings or documents provided to a majority of the Cupertino City Cou;ncil after publication oj
the packet wil7 be made avai7able for public inspection irx the Cih) Clerk's Office located at City Hall,
10300 Torre Avertue, Cupertino, California 95014, during norma7 bus'mess hours; and in Cormci7
packet archives Linked from the agertda/minutes page orx the Cupertirto zoeb site.
IMPORTANT NOTICE: Please be advised that pursuant to Cupert'mo Municipa7 Code sectio;n
2.08.100 written commurxications sent to the Cupertirxo Cih) Covmcil, Commissio;+'yers or City staff
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City Council Agenda September 6, 2023
concerning a matter on the agenda are included as supplemerxtal material to the agendized item. These
zoritten commurticatiorxs are accessible to the public through the City's roebsite and kept in packet
archives. Do not inchtde any persoryal or private irxformation in written communications to the City
that you do not wish to make public, as roritten communications are considered public records and will
be made publicly available on the City website.
Page 8
THE CITY COUNCIL AND ST AFF
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 G2.08.096. 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: citycouncil@cupertino.org
HungWei HWei@cupertino.org (408)777-3139 i
Sheila Mohan SMohan@cupertino.org (408) 777-1326
Liang Chao LiangChao@cupertino.org (408) 777-3192
J.R. Fruen JRFruen@cupertino.org (408) 777-1316
Kitty Moore KMoore@cupertino.org (408) 777-1389
Executive Assistant Debran@cupertino.org (408) 777-3212
CityHall www.cupertino.org (408)777-ClTY
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,asleastonecopymustbegiventotheCityClerkforthepermanentrecord,andtencopiesarepreferred.
'
10:00 a.m.
9:00 a.m.
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)
Thursday (replay) 7:00 p.m. Saturday (replay)
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
a nnouncements.
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 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) 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 SanJoseWater (408)279-7900
CaliforniaWater (650)917-0152