City Council

10350 Torre Avenue, Council Chamber and via Teleconference

Agenda — 36 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 at Cupertino Community Hall. 2) E-mail comments by 4:00 p.m. on Tuesday, June 18 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. 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. 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/WN_sfL5L8FEQTuXO1Fxi2pTSw Phone Dial: 669‐900‐6833 and enter Webinar ID: 959 8830 1535 (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: 959 8830 1535 SIP: 95988301535@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. 3 CALL TO ORDER
3. 4 PLEDGE OF ALLEGIANCE
4. 5 ROLL CALL
5. 6 CLOSED SESSION REPORT
6. 7 CEREMONIAL ITEMS
7. 8 POSTPONEMENTS AND ORDERS OF THE DAY
8. 9 ORAL COMMUNICATIONS
9. 10 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, including informational items. 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.
10. 11 CONSENT CALENDAR (Items 1-12)
11. 12 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.
12. 1. Subject: Approval of the June 4, 2024 City Council minutes
13. 2. Subject: A resolution calling for a consolidated General Municipal Election on November 5, 2024 to fill two City Council seats and requesting election services from the Santa Clara County Registrar of Voters
14. 3. Subject: Ratifying Accounts Payable for the periods ending May 3, 2024; May 10, 2024; May 17, 2024; May 24, 2024; and May 31, 2024
15. 4. Subject: Adopt a Resolution to request the Metropolitan Transportation Commission (MTC) allocate Fiscal Year (FY) 2024/2025 Transportation Development Act Article 3 (TDA 3) Pedestrian/Bicycle Project Funding in the amount of $330,000 for the development of a Citywide Active Transportation Plan. 24-13140
16. 5. Subject: Award a construction contract for 2024 Pavement Maintenance Phase 1 Project to G. Bortolotto & Co. for asphalt mill & fill and patching on identified roadways throughout the City of Cupertino in the amount of $2,662,786. 24-13141
17. 6. Subject: Approve a first amendment with All City Management Services, Inc. (ACMS) to provide crossing guard services for a total not-to-exceed amount of $1,688,800 extending the agreement date to June 30, 2026, and approve a budget modification in the amount of $78,707. 24-13154
18. 7. Subject: Approve a First Amendment with Dan Gertmenian to provide educational classes and educational events for a total not-to-exceed amount of $879,348 and extending the contract date to August 31, 2025. 24-13212
19. 8. Subject: Award an agreement to Cascadia Consulting Group, Inc. for waste characterization services in an amount not to exceed $223,466. 24-13223
20. 9. Subject: Minor correction to amendment to MIG, Inc. Design Professional Agreement approved at the June 4 City Council meeting to increase not-to-exceed amount of contract by $45,000, to amount of $512,411. 24-13235
21. 10. Subject: Termination of loan agreement between the City of Cupertino and the Pacific Autism Center for Education 24-13220
22. 11. Subject: Sale of city-owned property at 10301 Byrne Avenue 24-13221
23. 12. Subject: Consider acquisition of property located at 19400 Stevens Creek Blvd, and appointment of real property negotiator for acquisition of property 24-13230
24. 25 PUBLIC HEARINGS
25. 26 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.
26. 13. Subject: Proposed Municipal Code Amendments to Chapter 19.48 (Fences), Chapter 19.12 (Administration), and Chapter 19.08 (Definitions) and related CEQA exemption. (Application No.: MCA-2024-001; Applicant: City of Cupertino; Location: Citywide) 24-13103
27. 28 ACTION CALENDAR
28. 14. Subject: Future agenda items requested by City Councilmembers (“TBD List”) 24-13197
29. 30 ITEMS REMOVED FROM THE CONSENT CALENDAR
30. 31 CITY MANAGER REPORT
31. 32 ORAL COMMUNICATIONS - CONTINUED
32. 33 COUNCILMEMBER REPORTS
33. 15. Subject: Councilmember Reports
34. 35 FUTURE AGENDA ITEMS
35. 36 ADJOURNMENT
36. 37 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 Cupertino web site. IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipal Code section 2.08.100 written communications sent to the Cupertino City Council, Commissioners or City 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’s 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.