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City Council

December 3, 2024 ·6:15 PM Final ·Non Televised Closed Session (6:15) and Televised Regular Meeting (6:45)

10300 Torre Avenue and 10350 Torre Avenue and via Teleconference

📹 Watch video Official record ↗

Agenda — 39 items

  1. 1 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, 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. 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. 3) Open Session 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_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 8735 1472 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 prior to the meeting. These documents will be posted to the City’s website after the meeting.
  2. 2 ROLL CALL - 6:15 PM 10300 Torre Avenue, Conference Room C
  3. 3 CLOSED SESSION
  4. 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) 24-13510
  5. 5 RECESS
  6. 6 OPEN SESSION
  7. 7 CALL TO ORDER - 6:45 PM 10350 Torre Avenue, Community Hall and via Teleconference
  8. 8 PLEDGE OF ALLEGIANCE
  9. 9 ROLL CALL
  10. 10 CLOSED SESSION REPORT
  11. 11 CEREMONIAL ITEMS
  12. 12 POSTPONEMENTS AND ORDERS OF THE DAY
  13. 13 ORAL COMMUNICATIONS
  14. 14 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.
  15. 15 CONSENT CALENDAR (Items 2-10)
  16. 16 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.
  17. 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) 24-13521
  18. 3. Subject: Adopt the OPEB and Pension Trust Investment Policies (Continued from November 19, 2024) 24-13520
  19. 4. Subject: Approve the November 18, 2024 City Council minutes 24-13490
  20. 5. Subject: Approve the November 19, 2024 City Council minutes
  21. 6. Subject: Declare properties as having potential fire hazards from weeds or other potential nuisances for the Cupertino Weed Abatement Program. 24-13430
  22. 7. Subject: Receive the FY 2023-24 Annual Comprehensive Financial Report (ACFR) 24-13524
  23. 8. Subject: The Fourth Amendment to the SimpliGov agreement for Business Process Automation Software. 24-13440
  24. 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.
  25. 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) 24-13449
  26. 26 PUBLIC HEARINGS - None
  27. 27 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.
  28. 28 ACTION CALENDAR
  29. 11. Subject: City Manager’s First Quarter Financial Report for Fiscal Year (FY) 2024-25 (Continued from November 19, 2024) 24-13519
  30. 12. Subject: Capital Improvement Program Photovoltaic Systems Design and Installation Project. 24-13390
  31. 13. Subject: Approve the third amendment to the City Attorney’s employment contract and revise the Appointed Employees’ Compensation Program 24-13508
  32. 32 ITEMS REMOVED FROM THE CONSENT CALENDAR
  33. 33 CITY MANAGER REPORT
  34. 34 ORAL COMMUNICATIONS - CONTINUED
  35. 35 COUNCILMEMBER REPORTS
  36. 14. Subject: Councilmember Reports
  37. 37 FUTURE AGENDA ITEMS
  38. 38 ADJOURNMENT
  39. 39 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/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 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.