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February 21, 2024 ·5:30 PM Final ·Non-Televised Special Meeting Closed Session (5:30) and Televised Special Meeting (6:45)

10300 Torre Avenue and 10350 Torre Avenue and via Teleconference

📹 Watch video Official record ↗

Agenda — 42 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 Wednesday, February 21 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 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_dJJDJ4LXRjW4WlPC3cM3bQ Phone Dial: 669‐900‐6833 and enter Webinar ID: 937 9540 4123 (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) Meeting ID: 937 9540 4123 SIP: 93795404123@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 speaking. These documents will be posted to the City’s website after the meeting.
  2. 2 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, February 21, 2024, commencing at 5:30 p.m. in City Hall, Conference Room C, 10300 Torre Avenue, Cupertino, California 95014 and an Open Session 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."
  3. 3 SPECIAL MEETING
  4. 4 ROLL CALL - 5:30 PM 10300 Torre Avenue, Conference Room C
  5. 5 CLOSED SESSION
  6. 1. Subject: Conference with legal counsel - existing litigation pursuant to Government Code § 54956.9 (City of Cupertino v. California Department of Tax & Fee Administration) 24-12973 Item heard
  7. 7 RECESS
  8. 8 OPEN SESSION
  9. 9 CALL TO ORDER - 6:45 PM 10350 Torre Avenue, Community Hall and via Teleconference
  10. 10 PLEDGE OF ALLEGIANCE
  11. 11 ROLL CALL
  12. 12 CLOSED SESSION REPORT
  13. 13 CEREMONIAL ITEMS - None
  14. 14 POSTPONEMENTS AND ORDERS OF THE DAY
  15. 2. Subject: Cessation of Hybrid Commission and Committee Meetings (Postponed from February 6, 2024) 24-12970 Continued
  16. 16 ORAL COMMUNICATIONS
  17. 17 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.
  18. 18 CONSENT CALENDAR (Items 3-7)
  19. 19 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.
  20. 3. Subject: Approve the January 29, 2024 City Council minutes 24-12971 Approved
  21. 4. Subject: Approve the January 30, 2024 City Council minutes 24-12972 Approved
  22. 5. Subject: Approve the February 6, 2024 City Council minutes Approved
  23. 6. Subject: Ratifying Accounts Payable for the periods ending December 29, 2023; January 5, 2024; January 12, 2024; January 19, 2024; and January 26, 2024 Adopted
  24. 7. Subject: Coffee Society Lease Agreement, 10800 Torre Avenue, Cupertino, CA 95014. 24-12905 Approved
  25. 25 PUBLIC HEARINGS - None
  26. 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.
  27. 27 ACTION CALENDAR
  28. 8. Subject: Potential November 2024 Revenue Tax Measure Opinion Research Accepted
  29. 9. Subject: Accept the City Manager’s Mid-Year Financial Report for Fiscal Year 2023-24 Adopted
  30. 10. Subject: Amendments to the Cupertino Municipal Code Chapter 3.22 (Purchase of Supplies, Materials, Equipment and Services) and Chapter 3.23 (Public Works Contract and Bidding Procedures) of Title 3 (Revenue and Finance) Conducted first reading
  31. 31 COUNCIL REPORTS AND COMMENTS
  32. 11. Subject: Councilmember Reports Item heard
  33. 33 CITY MANAGER REPORT
  34. 34 ORAL COMMUNICATIONS - CONTINUED
  35. 35 INFORMATIONAL ITEMS
  36. 36 Information items are intended to provide background information and routine reports to Councilmembers and the public, without discussion by Council. Members of the public wishing to comment on informational items should do so during oral communications.
  37. 12. Subject: Receive the Monthly Treasurer's Report for January 2024
  38. 13. Subject: Receive the Monthly Treasurer's Investment Report for January 2024
  39. 14. Subject: Receive the Treasurer's Investment Report for the Quarter Ending December 31, 2023
  40. 40 COUNCIL AND STAFF COMMENTS AND FUTURE AGENDA ITEMS
  41. 41 ADJOURNMENT
  42. 42 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.