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June 4, 2024 ·6:00 PM Final ·Non-Televised Closed Session (6:00) and Televised Open Session 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 “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, June 4 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. 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_jLGVrA0dRfyQkifPHj4faw Phone Dial: 669‐900‐6833 and enter Webinar ID: 945 9103 9858 (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: 945 9103 9858 SIP: 94591039858@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 - 6:00 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 (Harshit Sharma et al. v. City of Cupertino, Santa Clara County Superior Court Case No. 22CV39297) 24-13112
  5. 5 RECESS
  6. 6 CALL TO ORDER - 6:45 PM 10350 Torre Avenue, Community Hall and via Teleconference
  7. 7 PLEDGE OF ALLEGIANCE
  8. 8 ROLL CALL
  9. 9 CLOSED SESSION REPORT
  10. 10 CEREMONIAL ITEMS
  11. 2. Subject: Proclamation recognizing June as Lesbian, Gay, Bisexual, Transgender, and Queer (LGBTQ) Pride Month 24-12931
  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, 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.
  15. 15 CONSENT CALENDAR (Items 3-12)
  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. 3. Subject: Approval of amended May 7, 2024 City Council minutes 24-13204
  18. 4. Subject: Approval of the May 14, 2024 (Closed Session) City Council minutes 24-13205
  19. 5. Subject: Approval of the May 14, 2024 (Open Session) City Council minutes 24-13101
  20. 6. Subject: Approval of the May 21, 2024 City Council minutes
  21. 7. Subject: Law Enforcement Contract Extension with the County of Santa Clara Sheriff's Office 24-13069
  22. 8. Subject: Construction contract and a proposed amendment to the design consultant agreement and construction management services for the All-Inclusive Playground at Jollyman Park project
  23. 9. Subject: Approve an agreement with the City of San Jose to provide animal management services for a not-to-exceed amount of $330,730 for fiscal year 2024-2025, $343,959.20 for fiscal year 2025-2026, and $357,717.57 for fiscal year 2026-2027, for a total of $1,032,406.70, and delegate authority to the City Manager to award contract extensions through June 30, 2033, depending on approved budget and acceptable services. 24-13020
  24. 10. Subject: Memorandum of Understanding (MOU) between the Santa Clara County Recycling and Waste Reduction Technical Advisory Committee (TAC) member jurisdictions establishing ongoing management and operation of the edible food recovery program to comply with the requirements of Senate Bill (SB) 1383 (California's Short-Lived Climate Pollutant Reduction Strategy). 24-13053
  25. 11. Subject: Memorandums of Agreement on behalf of the City of Cupertino, as a coalition partner with other partner agencies, for the purpose of securing grant funds from the United States Environmental Protection Agency’s (EPA) Climate Pollution Reduction Grants program for funding electrification of municipal facilities and implementing a regional reusable takeout foodware program. 24-13055
  26. 12. Subject: Three-year agreement between the City of Cupertino and the County of Santa Clara (County) for the City's participation in the Countywide Household Hazardous Waste (HHW) Collection Program for Fiscal Years (FY) 2024/2025-2026/2027 using earmarked funds within the Resource Recovery Fund 520. 24-13138
  27. 27 PUBLIC HEARINGS
  28. 28 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.
  29. 13. Subject: Approve the renewal (with no increase) of the 1992 Storm Drain Fee and renewal of the 2019 Clean Water and Storm Protection Fee with a 2.62% increase 24-12937
  30. 14. Subject: Consider the Recommended Operating and Capital Improvement Program Budgets for Fiscal Year (FY) 2024-25, adoption of the Operating and Capital Improvement Program Budgets for FY 2024-25, establishment of the Appropriation Limit, and related actions.
  31. 31 ACTION CALENDAR - None
  32. 32 ITEMS REMOVED FROM THE CONSENT CALENDAR
  33. 33 CITY MANAGER REPORT
  34. 34 ORAL COMMUNICATIONS - CONTINUED
  35. 35 COUNCILMEMBER REPORTS
  36. 15. 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 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.