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Home My WebLink AboutCC - 07.18.2023CITY OF C{JPE,RTTN0 < ,)"SC-" a-a - 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 commertts 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, July 18 to the Council at citycouncil@cupertino.org. These e-mail comments will also be posted to the Page 1 City Council Agenda July 18, 2023 City's website before and after 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: pnline Register in advance for this webinar: https://cityofcupertino.zoom.us/webinar/register/WNaKGfqHdsT2SYjmKpeoAww Phone Dial: 669-900-6833 and enter Webinar ID: 926 1397 9821 (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: 926 1397 9821 SIP: 92613979821@zoomcrc.com After registering, you will receive a confirmation email containing information about joining the webinar. Please read the following instt'uctions 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 July 18, 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 document must email cityclerk@cupertino.org prior to speaking. These documents will posted to the City's website after the meeting. ROLL CALL - 6:00 PM 10300 Torre Avenue, Conference Room C CLOSED SESSION 1. $: Conference with legal counsel - existing litigation pursuant to Government Code § 54956.9 (one case) - California Housing Defense Fund et al. v. City of Cupertino, Santa Clara County Superior Court Case No. 23CV410817 RECESS CALL TO ORDER - 6:45 PM 10350 Torre Avenue, Community Hall and via Teleconference PLEDGE OF ALLEGIANCE ROLL CALL C[OSED 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 Cormci7 07? any matter within the jurisdiction of the Cormcil and not 07? the agenda for discussion, including informational items. The tota! time for Oral Commtmications wi(L ordinarily be limited to o;ne liour. Individua7 speakers are Limited to three (3) mimttes. As ;necessary, the Chair may fitrther limit the time allowed to individual speakers, or reschedule rema'tning commertts to the ertd of the meeting on a first come first heard basis, with priorih) given to students. In most cases, State 7aw wil7 prohibit the Council from discussing or making any decisions with respect to a matter not Listed 07? 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 informatio;n, request staff to report back concerning a matter, or request tliat an item be added to a fitture City Counci7 agertda in response to pub(ic commertt. Page 3 City Council Agenda July 18, 2023 CONSENT CALENDAR (Items 2-9) Items appearing on the Consent Calendar are considered routine Cih) business and may be approved by one motion. Typical items may include meeting minutes, awards of contracts, the ratification of acco'vmts payable, and second readings of ordinances. Arty member of the Co;imci7 may request to have a;n item removed from the Consent Ca(endar based 07? the rtdes set forth in the City Council Procedures Mamtal. Members of the public may provide input 07? one or more consent calertdar items whert the Mayor asks for public comments 07? the Consent Calendar. 2. $: Consider approval of the July 6 City Council minutes Recommended Action: Approve the July 6 City Council minutes A - Draft Minutes 3.$: Consider ratifying Accounts Payable for the periods ending June 2, 2023; June 9, 2023; June 16, 2023; June 23, 2023; and June 30, 2023. Recommended Action: A. Adopt Resolution No. 23-085 ratifying Accounts Payable for the Period ending June 2, 2023; B. Adopt Resolution No. 23-086 ratifying Accounts Payable for the Period ending June 9, 2023; C. Adopt Resolution No. 23-087 ratifying Accounts Payable for the Period ending June 16, 2023; D. Adopt Resolution No. 23-088 ratifying Accounts Payable for the Period ending June 23, 2023; and E. Adopt Resolution No. 23-089 ratifying Accounts Payable for the Period ending June 30, 2023. Staff report A - Draft Resolution 6.2.23 B - Weekly AP Payment Register for the Period Ending 6.2.23 C - Draft Resolution 6.9.23 D - Weekly AP Payment Register for the Period Ending 6.9.23 E - Draft Resolution 6.16.23 F - Weekly AP Payment Register for the Period Ending 6.I6.23 G - Draft Resolution 6.23.23 H - Weekly AP Payment Register for tlie Period Ending 6.23.23 I - Draft Resolution 6.30.23 l - Weekly AP Payment Register for the Period Ending 6.30.23 4.$: Consider a second reading and act on Ordinance No. 23-2249, amending Municipal Code Chapter 2.100 (Regulation of Lobbying Activities) Recommended Action: Conduct a second reading and enact Ordinance No. 23-2249; "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING CITY CODE CHAPTER 2.100," (Regulation of Lobbying Activities) A - Draft Ordinance Page 4 City Council Agenda July 18, 2023 $: Consider authorizing the City Manager to execute the Fourth Amendment to the recreation agreement with Red Line Gymnastics LLC, DBA Bay Aerials Gymnastics, a Limited Liability Company for Gymnastics Classes and Programs Recommended Action: Authorize the City Manager to execute a Fourth Amendment to the recreation agreement with Red Line Gymnastics LLC, DBA Bay Aerials Gymnastics, a limited liability company, increasing the amount by $643,028.80 for a total amount not to exceed $817,028.80 and extending the term of the agreement to December 31, 2026 Staff Report A - Bay Aerials Gymnastics Agreement, First, Second, and Third Amendments B - Draft Fourth Amendment $: Award of a construction contract for the Blackberry Farms Pool Improvements Project to Adams Pool Solutions for replastering the pools Recommended Action: 1. Award a construction contract for the Blackberry Farms Pool Improvements Project (Project No. 2022-107P) in the amount of $320,609.25 to Adams Pool Solutions; 2. Authorize the City Manager to execute the contract when all conditions have been met; and 3. Authorize the Director of Public Works to execute any necessary construction change orders up to a construction contingency amount of $32,060.93 (10%) for a total contract amount of $352,670.18 Staff Report A - Draft Contract $: Annual Evaluation Report on the Federal Emergency Management Agency (FEMA) Community Rating System's (CRS) Program for Public Information Recommended Action: Adopt Resolution No. 23-090 accepting the Annual Evaluation Report for Fiscal Year (FY) 2023 (year two) of the 2021 Santa Clara County Multi-Jurisdictional Program for Public Information Staff Reoort A - Draft Resolution B - Annual Evaluation Report for FY 23 $: Acceptance of $3,205,620 in the Highway Safety Improvement Program (HSIP) grant funding from the State of California (State) for improving safety on 17 roadway segments in the City of Cupertino Recommended Action: 1. Adopt Resolution No. 23-091 accepting $3,205,620 in HSIP grant funding from the State of California for safety improvements on 17 roadway segments in the City of Cupertino; and 2. Authorize the City Manager to execute all documentation necessary to accept the grant funding Page 5 City Council Agenda July 18, 2023 Staff Report A - Draft Resolution 9.$: Cost sharing agreement between the City of Cupertino and the Midpeninsula Regional Open Space District for the Cristo Rey Bike Lanes Project Recommended Action: 1. Authorize the City Manager to negotiate and execute a cost sharing agreement between the City of Cupertino and the Midpeninsula Regional Open Space District for the Cristo Rey Bike Lanes Project; and 2. Adopt Resolution No. 23-092 approv'mg budget modification #2324-295, increasing appropriations in the Capital Improvement Program Capital Projects Fund (420-99-036) by $30,000 and Capital Reserve (429-90-001) by $30,000, transferring $15,000 funds from the Capital Reserve to Capital Improvement Program Capital Projects Fund (420-99-036) and increasing estimated revenues by $15,000 Staff Report A - Draft Agreement B - Draft Resolution PUBLIC HEARINGS Effective January 1, 2023, Government Code Section 65103.5 (SB 1214) Limits the distribution of copyrighted materia7 associated with the review of developme;nt projects. Members of the public wishing to view plans that camot otherwise be distributed vmder SB 1214 may malce an appointment with the P(amting Divisio;n to view them at City Hal7 by sending an email to planning@cupertino.org. PJans wil7 also be made available digitally during the hearing to consider the proposaL 10. $: Hearing to consider approval of lieu 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 and accompanying budget appropriation request Recommended Action: 1. Conduct public hearing to consider objections from any property owners listed on the assessment report; 2. Adopt the Resolution No. 23-093 approvmg the lien assessment and collection of fees on private parcels for the annual Weed and Brush Abatement Programs; and 3. Approve budget appropriations of $7,454 in the General Fund (100-13-133 480-401) to fund properties that passed the initial inspection Presenter: Kirsten Squarcia, City Clerk A - Draft Resolution and Exhibit A B - Assessment Report (Exhibit A) C - Passed Inspection Report D - Adopted Resolution Ordering Abatement E - City Mailed Hearing Notice F - November 2. 2020 Minutes Page 6 City Council Agenda July 18, 2023 23-094 approving FY 2023-24 Fee and Schedules B and C effective 11. $: Fiscal Year (FY) 2023-24 Fee Schedule Update Recommended Action: Adopt Resolution No. 23-094approving effective July 19, 2023, and Schedules B aSchedules A. D. and E September 17, 2023 Presenter: Jonathan Orozco, Finance Manager A - FY 2023-24 Proposed Fee Schedule A - General (Redline) B - FY 2023-24 Proposed Fee Scliedule B - Engineering (Redline) C - FY 2023-24 Proposed Fee Schedule C - Planning (Redline) D - FY 2023-24 Proposed Fee Schedule D - Building (Redline) E - FY 2023-24 Proposed Fee Schedule E - Parks & Recreation (Redline) F - FY 2023-24 Proposed Fee Schedule A - General (Clean) G - FY 2023-24 Proposed Fee Schedule B - Engineering (Clean) H - FY 2023-24 Proposed Fee Scliedule C - Planning (Clean) I - FY 2023-24 Proposed Fee Schedule D - Building (Clean T - FY 2023-24 Proposed Fee Schedule E - Parks & Recreation (Clean) K - User Fee Study 2016 L - Draft Resolution No. 23-XXX approving FY 2023-24 Fee Schedules A, B, C, D, and E ACTION CALENDAR 12. $: Consider scheduling a Council agenda item to update the FY 23-25 City Work Program to include an item relating to the Noise Ordinance Recommended Action: Direct staff to 1) proceed or 2) not proceed with necessary analysis regarding preparing an update to the FY 23-25 City Work Program Presenter: Pamela Wu, City Manager Staff Report 13. $: Consider taking a position in support of, in opposition to, or otherwise regarding or in response to Senate Bill 403, amending the Unruh Civil Rights Act to clarify that existing state law prohibitions on discrimination based on ancestry prohibit discrimination based on caste or other inherited status Recommended Action: Consider taking a position in support of, in opposition to, or otherwise regarding or in response to Senate Bill 403, amending the Unruh Civil Rights Act to clarify that existing state law prohibitions on discrimination based on ancestry prohibit discrimination based on caste or other inherited status Presenter: Christopher Jensen, City Attorney Staff Reoort A - Senate Bill 403 B - SB 403 Assembly Judiciary Bill Summary COUNCIL REPORTS AND COMMENTS 14. $: Councilmember Reports Page 7 City Council Agenda July 18, 2023 Council Report, Fruen Council Report, Mohan Council Report, Wei CITY MANAGER REPORT ORA[ COMMUNICATIONS - CONTINUED INFORMATIONAL ITEMS Information items are 'mtended to provide baclcgrormd information and routine reports to Co'bmcilmembers and the public, without discussio;n by Cormcil. Members of the public wishing to comment on'mformational items should do so during oral commrmications. 15.$: Legislative Process and Bill Watch List Recommended Action: Receive update on Legislative Process and Bill Watch List Informational Memorandum A - Resolution No. 23-026 B - Bill Watch List 16. $: FY 2022-2023 City Work Program Fourth Quarter Update Recommended Action: Receive FY 2022-2023 City Work Program Fourth Quarter Update Informational Memorandum A - FY 22-23 City Work Program 04 Dashboard Printout 17.$: Streetlight Transition Assessment Report Recommended Action: Receive the Streetlight Transition Assessment Information Report Informational Memorandum A - Streetlight Transition Assessment Report B - LED Streetlight Fixture Pilot Report C - Memo to Council Re: Pilot LED Installations 18. : Receive the Monthly Treasurer's Report for June 2023 Recornrnended Action: Receive the Monthly Treasurer's Report for June 2023 A - Report of City-wide Receipts, Disbursements, and Cash Balances June 2023 B - Report of City-wide Fund BalancesNet Position Ju"ie 2023 19. $: Receive the Monthly Treasurer's Investment Report for June 2023 Recommended Action: Receive the Monthly Treasurer's Investment Report for June 2023 A - Chandler Investment Report June 2023 Page 8 City Council Agenda July 18, 2023 COUNCIL AND ST AFF COMMENTS AND FUTURE AGENDA ITEMS ADJOURNMENT Lobbyist Registration and Reporting Requirements: Individuals who influence or attempt to influe;nce Legislative or adm'mistrative actio;n may be required by the Cih) of Cupertino's lobbying ord'mance (Cupertino M;bmicipa7 Code C7iapter 2.100) to register and report lobbying activiti). Persons whose communications regarding any Legislative or administrative are so(ely limited to appearing at or submitting testimony for any public meeting hedd by the Cih) are not required to register as lobbyists. For more information about the lobbying ordinance, please contact t7ie Cih) Clerk's Office at 10300 Torre Avemie, Cupert'mo, CA 94107; telep7ione (408) 777-3223; email cih)clerk@cupertino.org; and website: www.cupertino.org/lobbyist. The Cih) of Cupertino has adopted the provisions of Code of Civi7 Procedure §1094.6; litigation cliallengi;ng a fina7 decision of the City Council must be brought wit7iin 90 days after a decision is a;nnormced rtrdess a shorter time is required by State or Federa7 Law. Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must fde a petition for reconsideration zoith'm ten calendar days of t7ie date the City Clerk mails ;notice of the City's decision. Reconsideration petitions must comply zoith t7ie requirements of Cupertino Municipa( Code §2.08.096. Contact the City C7erk's office for more information or go to http://www.cupertino.org/cih)clerk for a reconsideration petition form. 17? complia;nce with the Americans with Disab'dities Act (ADA), anyone who is plan;ning to attend this meeting who is visually or hearing impaired or has any disability that needs special assistance shotdd cau the Cih) Clerk's Office at 408-777-3223, at least 48 hours in advance of the meeting to arrange for assistance. Irt addition, upon request, in advance, by a person witli a disabilih), meeting age;ndas and writings distributed for the meeting that are public records w'd7 be made available in the appropriate a'Lternative format. Any writings or documents provided to a majority of the Cupertino City Co't,mcil after publication of the packet will be made avai(ab7e for public inspection in the Cih) Clerk's Office Located at Cih) Hall 10300 Torre Avenue, Cupertino, California 95014, during norma7 business hours; and in Counci7 packet archives Linked from the agenda/mimttes page on tlie Cupertino web site. IMPORTANT NOTICE: Please be advised that pursuant to Cupertino rAtmicipal Code section 2.08.l00written comrmmications sertt to the Cupertino Cih) Cormcil Commissioners or City staff concerning a matter 07? 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 perso;nal or private information 7:72 written communications to the City that you do not wish to make public, as written communications are considered public records and wil7 Page 9 City Council Agenda July 18, 2023 be made publicly available 07? the Cih) website. Page 10 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 Santa Clara Valley Water Commission and Water District - SCC Transportation Authoritym - West Valley Mayors and Managers STAFF l 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=l25 for a reconsideration petition form. COMMUNICATINGWITHCOUNCIL j All Council members: citycouncil@cupertino.org HungWei HWei@cupertino.org (408)777-3139 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 KittyMoore KMoore@cupertino.org (408)777-1389 Executive Assistant Debran@cupertino.org (408) 777-3212 CityHall www.cupertino.org (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) 7:00p.m. Saturday (replay) 9:00a.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. I USEFUI 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 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