CC 07-06-2023 Agenda1
IN PERSON AND TELECONFERENCE MEETING
For more information:
(408)777-3200 │ www.cupertino.org
AGENDA OF THE
CUPERTINO CITY COUNCIL
Thursday, July 6, 2023
Special Meeting Non-Televised Closed Session (5:00)
and Televised City Council Meeting (8:00)
CITY COUNCIL
HUNG WEI, MAYOR
SHEILA MOHAN, VICE MAYOR
LIANG CHAO, COUNCILMEMBER
J.R. FRUEN, COUNCILMEMBER
KITTY MOORE, COUNCILMEMBER
CONDUCT OF BUSINESS
The Mayor is the presiding officer of the City Council. Any member of
the public may speak on any item on the agenda for up to three
minutes. All statements and questions must be addressed to the
Mayor.
City Council hearings serve as a venue for the discussion of sometimes
divergent points of view. Please respect the opinions of others and
refrain from cheering or clapping. That may delay the meeting or
intimidate other persons wishing to express alternate views. Actions
that disrupt the meeting will result in a warning, followed by removal
if disruption continues.
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.
Identifying yourself is voluntary and not required to attend the
meeting or provide comments.
FLOWCHART FOR HEARING ITEMS:
Mayor introduces
agenda item
Councilmembers report any site
visits or outside communications.
Speakers submit a Request to Speak
card, and are allowed up to 3 minutes
per individual. Council members may
ask questions of speakers.
Mayor invites members of
the public to speak about
the agenda item
For appeals of approvals, the
applicant may respond to
appellants presentation.
The Mayor may request a motion and
a second after the close of the public
hearing. Council then deliberates and
votes.
Mayor closes the public hearing
Councilmembers ask clarifying
questions.
PUBLIC HEARINGS
The City Council is required by law to
hold public hearings on certain matters
prior to making its decision. Notice to
interested parties is given by legal
advertisement in the local newspaper of
general circulation at least 10 calendar
days preceding the hearing date.
Applications requiring public hearings
include change of zoning, variances, use
permits, and tentative maps.
COUNCIL MEETINGS
The City Council regularly meets the first
and third Tuesdays of each month. These
meetings are held at 6:45 p.m. Closed
sessions, when needed, are normally held
at 6:00 p.m. Closed sessions cover items
such as personnel, litigation, or the sale ,
purchase, or lease of property. The law
requires certain actions taken in closed
session to be reported in open session.
Urgent business, holidays, or election
days may trigger special or adjourned
meetings. These meetings will be noticed
beforehand.
AGENDAS, MINUTES, AND PACKETS
AVAILABLE ON THE WEB
Agendas, minutes, and packets for
current and prior City Council and
Planning Commission meetings are
available at www.cupertino.org, or you
can purchase the items on CD.
CITY COUNCIL DECISION IS FINAL
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.as
px?page=125 for a reconsideration
petition form.
Mayor invites
applicant/appellant to
respond to public
comments (2 min)
City Council votes on
the agenda item
Staff reports and makes
recommendation
Applicant or Appellant
makes presentation
(up to 8 min)
Councilmembers ask
questions of staff or
applicant/appellant
Mayor opens the public hearing
CITY OF CUPERTINO
CITY COUNCIL
AGENDA
10300 Torre Avenue and 10350 Torre Avenue and via Teleconference
Thursday, July 6, 2023
5:00 PM
REGULAR BUSINESS ITEMS WILL BE HEARD BEGINNING AT 8 :00 PM
Special Meeting Non-Televised Closed Session (5 :00) and Televised City Council Meeting (8 :00)
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 Thursday, July 6 to
Page 1
City Council Agenda July 6, 2023
the Council at citycouncil@cupertino.org. These e-mail comments will also be posted to the
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:
Online
Register in advance for this webinar:
https://cityofcupertino.zoom.us/webinar/register/WN_7xgB_IlRSxetH6tquSq74Q
Phone
Dial: 669-900-6833 and enter Webinar ID: 971 7240 5483 (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: 971 7240 5483
SIP: 97172405483@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
Page 2
City Council Agenda July 6, 2023
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 posted to the City’s
website after the meeting.
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 Thursday, July 06, 2023, commencing at 5:00 p.m. for Closed Session in 10300
Torre Avenue, Conference Room C and at 8:00 p.m. for Open Session regular business
items in 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."
SPECIAL MEETING
ROLL CALL - 5:00 PM
10300 Torre Avenue, Conference Room C
CLOSED SESSION
1.Subject: Conference with Labor Negotiators pursuant to Government Code § 54957.6
(Kristina Alfaro and Christopher Boucher)
2.Subject: Public Employee Performance Evaluation (Gov. Code § 54957(b)(1)); Title: City
Attorney
3.Subject: Public Employee Performance Evaluation (Gov. Code § 54957(b)(1)); Title: City
Manager
RECESS
OPEN SESSION
CALL TO ORDER - 8:00 PM
10350 Torre Avenue, Community Hall and via Teleconference
PLEDGE OF ALLEGIANCE
ROLL CALL
CLOSED SESSION REPORT
Page 3
City Council Agenda July 6, 2023
CEREMONIAL ITEMS
4.Subject: Presentation from Midpeninsula Open Space Regional District ("Midpen")
Recommended Action: Receive presentation from Midpen Board member Craig
Gleason on district activities update
A - Presentation
POSTPONEMENTS AND ORDERS OF THE DAY
5.Subject: Brush abatement for public nuisance and potential fire hazard pursuant to
Cupertino Municipal Code (Section 16.40.200) regarding defensible space (brush) and
Resolution No. 23-053
Recommended Action: Remove this item from the agenda since there are no properties
reported as being non-compliant in removing brush
Staff Report
A - 2023 WUI Enforced Safety Regulations List of Non-Compliant Properties
B – Approved Resolution No. 23-053
ORAL COMMUNICATIONS
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.
CONSENT CALENDAR (Items 6-12)
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.
6.Subject: Consider approval of the June 12 City Council minutes
Recommended Action: Approve the June 12 City Council minutes
Page 4
City Council Agenda July 6, 2023
A - Minutes
7.Subject: Consider approval of the June 21 City Council minutes
Recommended Action: Approve the June 21 City Council minutes
A - Minutes
8.Subject: Consider the adoption of City Council Grant Policy
Recommended Action: Adopt Resolution No. 23-081 approving the City Council Grant
Policy
Staff Report
A – City Council Grant Policy
B - Grant Authority and Reporting Matrix
C - Draft Resolution
9.Subject: Consider awarding a contract to Grassroots Ecology for the maintenance of
McClellan Ranch Preserve and Stevens Creek Corridor .
Recommended Action: 1. Award a contract to Grassroots Ecology for work related to
maintenance of McClellan Ranch Preserve and Stevens Creek Corridor in the amount
not to exceed $104,240 per year for three years, totaling $312,720; and
2. Authorize the City Manager to execute the contract with Grassroots Ecology when
all contractual obligations have been met; and
3. Authorize the City Manager to extend the contract for up to two additional years,
totaling $208,480, for a five-year total of $521,200, provided pricing and services remain
acceptable.
Staff Report
A - Draft Agreement
10.Subject: Consider rejection of all bids received for the Bridge Preventative Maintenance
Program.
Recommended Action: Authorize the Director of Public Works to reject all bids
received for the Bridge Preventative Maintenance Program.
Staff Report
11.Subject: Award a construction contract for the Regnart Road Improvements Phase 1
Project to Brannon Corporation for road reconstruction to mitigate roadway
embankment failure.
Page 5
City Council Agenda July 6, 2023
Recommended Action: 1. Award a construction contract for the Regnart Road
Improvements Phase 1 Project (Project No. 2019-08) in the amount of $1,290,120 to
Brannon Corporation;
2. Authorize the City Manager to execute the contract;
3. Authorize the Director of Public Works to execute any necessary construction change
orders up to a construction contingency amount of $129,012 (10%) for a total authorized
contract amount of $1,419,132; and
4. Adopt Resolution No. 23-082 approving budget modification #2324-285, increasing
appropriations in the Capital Improvement Program Capital Projects Fund (420-99-068)
and the Capital Reserve (429-90-001) by $876,765.99, and transferring said funds from
the Capital Reserve to Capital Improvement Program Capital Projects Fund
(420-99-068).
Staff Report
A - Draft Resolution
B - Draft Contract
C - Project Manual
D - Project Drawings
E - Project Addendum 1
F - Project Addendum 2
12.Subject: Award a contract for the Creekside Park School Age Play Area to Ross
Recreation Equipment, Inc. for the purchase and installation of themed playground
equipment.
Recommended Action: 1. Award an equipment procurement and installation contract
for the Creekside Park School Age Play Area (Budget Unit 420-99-085) in the amount of
$283,873.50 to Ross Recreation Equipment, Inc. using pricing established through the
National Purchasing Partners;
2. Authorize the City Manager to execute an equipment procurement and installation
contract when all conditions have been met; and
3. Authorize the Director of Public Works to execute any necessary change orders up to
a contingency amount of $28,388 (10%) for a total contract amount of $312,261.50.
Staff Report
A - Representation of Proposed Playground Equipment
B - Draft Contract
PUBLIC HEARINGS - None
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.
Page 6
City Council Agenda July 6, 2023
ACTION CALENDAR
13.Subject: Introduction of Ordinance No. 23-2249, amending Municipal Code Chapter
2.100 (Regulation of Lobbying Activities)
Recommended Action: Conduct a first reading of 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)
Staff Report
A –Draft Ordinance Amending Chapter 2.100 (clean)
B – Draft Ordinance Amending Chapter 2.100 (blackline)
14.Subject: Consider actions for the surplus determination and disposal of 10301 Byrne
Avenue, Assessor Parcel Number (APN) 357-11-020
Recommended Action: 1.Authorize the City Manager to record a Roadway
Dedication (Attachment A) for a portion of 10301 Byrne Avenue, APN 357-11-020
(Property); and
2.Adopt Resolution No. 23-083 (Attachment B) declaring the remaining property at
10301 Byrne Ave, APN 357-11-020 surplus to the needs of the City and direct the City
Manager to proceed with outreach as required by the Surplus Land Act; and
3.Authorize the City Manager to offer the Property for sale subsequent to completion
of the requirements of the Surplus Land Act
Staff Report
A - 10301 Byrne Ave - Plat And Legal Description
B - Resolution Byrne Surplus
C - 10301 Byrne Ave Aerial
15.Subject: Consideration of a resolution amending the established City Council meeting
calendar through January 2, 2024
Recommended Action: Adopt Resolution 23-084 amending the established City
Council meeting calendar through January 2, 2024
Staff Report
A - Draft Resolution
COUNCIL REPORTS AND COMMENTS
16.Subject: Councilmember Reports
Council Report, Fruen
Council Report, Moore
Council Report, Mohan
Council Report, Wei
CITY MANAGER REPORT
ORAL COMMUNICATIONS - CONTINUED
Page 7
City Council Agenda July 6, 2023
INFORMATIONAL ITEMS - None
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 .
COUNCIL AND STAFF COMMENTS AND FUTURE AGENDA ITEMS
ADJOURNMENT
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 94107; 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
Page 8
City Council Agenda July 6, 2023
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.
Page 9
THE CITY COUNCIL AND STAFF
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
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=125 for a
reconsideration petition form.
COMMUNICATING WITH COUNCIL
(408)777‐3139
(408)777‐1326
(408)777‐3192
(408)777‐1316
(408) 777‐1389
(408)777‐3212
All Council members:
Hung Wei
Sheila Mohan
Liang Chao
J.R. Fruen
Kitty Moore
Executive Assistant
City Hall
citycouncil@cupertino.org
HWei@cupertino.org
SMohan@cupertino.org
LiangChao@cupertino.org
JRFruen@cupertino.org
KMoore@cupertino.org
Debran@cupertino.org
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) 7:00 p.m. Saturday (replay) 9:00 a.m.
INTERNET
City Council and Planning Commission videos are available on demand at www.cupertino.org. Select "I 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.
USEFUL TELEPHONE 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 Recology South Bay (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 San Jose Water (408) 279‐7900
California Water (650) 917‐0152