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Affidavit of Posting 2023STz"'TE OF CALNFOR"'J[A CITY OF CTTPFRTINO ) SS- 4:00 PA4ULLETNN ROLL CAt,L ORDERS OF THE DAY APPROV At, OF MINUTES 1. $: Approve Minutes of Regular Meeting on July 24, 2023Recommended Action: Approve Minutes of Regular Meeting on July 24, 2023A - Draft Minrites POSTPONEMENTS ORAt COMMUNICATIONS This portio'>q of the meeting is reserved fo'r persoiis wis1iiiig to address the Committee oyz any mattervoithin the jurisdiction of the Coynmittee and not on the agenda. Speakers are limited to three (3)mimttes. In most cases, State law will prohibit t)'xe Commission from mctking any decisions with respectto a matter not 07'l tlie agendct. OLD BUSINESS NEW BUSINESS 2.3: INFORMATIONAL ITEM Receive OPEB & Pension Section 115 TrustPerformance Report for Quarter Ending September 30, 2023 Recommended Action: Receive OPEB & Pension Section 115 Trust Performance Reportfor Quarter Ending September 30, 2023 Presenter: PARS and US Bank 4:15(15) A - OPEB Pension Section 115 Trust Performance Report for 0uarter Ending September 30 2023 3. : ACTION ITEM Receive the Treasurer's Investment Report for the QuarterEnding September 30, 2023 Page I Audit Committee:ommittee Agenda October 23, 2023 Recommended Action: Receive the Treasurer's Investment Report for the Quarter Ending September 30, 2023 and recommend filing v- CTt5r- COti-nci-l Presenter: Thomas Leung, Budget Manager, and Chandler Asset Management 4:30(15) A - Chandler Investment Report September 2023 B - Chandler Custodia) Statement September 2023 C - PARS Pension and OPEB Account Statement September 2023 D - LAIF Account Statement September 2023 : INFORMATIONAL ITEM Receive the Internal Audit and Fraud, Waste, and Abuse program update Recommended Action: Receive the Internal Audit and Fraud, Waste, and Abuse program update Presenter: Moss Adams 4:45(15) A - Cripertino 0uarterly Internal Audit Status Report 5: ACTION ITEM Review the OPEB and Pension Trust Investment Policy Recommended Action: Review and accept the OPEB and Pension Trust Investment Policy Presenter: Jonathan Orozco, Finance Manager, and US Bank 5:00(10) A - OPEB Trust Investment Policy B - Pension Trust Investment Policy : INFORMATIONAL ITEM Receive the Annual Comprehensive Financial Report (ACFR) and AUP Update Recommended Action: Receive the Annual Comprehensive Financial Report (ACFR) and AUP Update Presenter: Jonathan Orozco, Finance Manager 5:20(15) : INFORMATIONAL ITEM Consider the Audit Cornrnittee 2024 Schedule and Work Plan Page 2 AudttCornmittee Agenda October23,2023 Recommended Action: Receive Audit Committee 2024 Schedule and Work Plan andprovide direction to staff Presenter: Jonathan Orozco, Finance Manager 5:35(10) A - Proposed Audit Con-imittee 2024 Schedule and Work Plan ST AFF AND COMMITTEE REPORTS COMMITTEEMEMBER ATTENDANCE AT UPCOMING MEETINGS AND EVENTS FUTURE AGENDA SETTING ADJOURNMENT In compgiance with the Americans rnith Disabi(ities Ad (ADA), anyone who is planning to at thismeeti'ng who is visually or hegring impaired or has any disabilih) that needs special assistance shnuldcal( the City Cierk's Office at 408-777-3223, at least 48 hours in advance of the meeting' to arrange forassistance. In addition, upon request, in advance, h) a persori with a disabiiity, meeting agendas andwritings distributed for the meeting that are public records vnill be made avaiiable in the appropriatealternative fonnat. Any writings or documents provided to a majority of the members afier publir:ation of the agenda willbe made availahle for pubfic inspection. Please contact the City Clerk's Office in City Hag/ iocated at10300 Torre Avenue, Cupertino, Cal@rnia 95014, during normal business hours. IMPORTANT NOTICE: P(ease be ctdvised t7zctt pursuant to Cupertitzo Municipa( Code section2.08.l00written comm-r.trticatiovxs sent to the Cupertino City Coxmcil, Coym'tzissioners or City staffconcerning a matter on the agenda are inchtded as suppleynental inaterial to the agertdized item. Thesewritten com'inunications are accessib(e to the pubiic through the Cih)'s roebsite and kept in paclcetarchives. Do not include any persoyza7 or private information in written conmu.tyiications to the Cityt?xctt you do not wish to make public, as zoritten commvmications are considered public records and wilLbe made pi.iblidy available on the City zoebsite. Members of the public are entitled to rtddress the members co;ncerning any item that is described in tlienotice or agenda for this ineeting, before or during consideratio;n of Uxctt item. If you wis7i to address themembers 02? ayiy otJier item not 07? the agenda, you may do so during the p'ublic commertt. Page 3 CUPERTINO ;:yOyO ;M a i?.i 'l Regular Meeting ROL[ CALL ORDERS OF THE DAY APPROV AL OF MINUTES 1.$: Approve Minutes of Regular Meeting on April 24, 2023Recommended Action: Approve Minutes of Regular Meeting on April 24, 2023A - Draft Minutes 2.$: Approve Minutes of Special Meeting on May 31, 2023Recornrnended Action: Approve Minutes of Special Meeting on May 31, 2023 A - Draft Minutes POSTPONEMENTS ORAL COMMUNICATIONS This portiort of the meet'mg is reserved for persons zoishing to address the Committee on any matterwithirt the jurisdiction of the Committee and ;not on the agertda. Speakers are limited to three (3)minutes. In most cases, State lava will prohibit the Commission from making arxy decisiorts toith respectto a matter not 072 the agenda. OLD BUSINESS NEW BUSINESS 3.J: INFORMATIONAL ITEM Consider receiving OPEB & Pension Section 115Trust Performance Report for Quarter Ending June 30, 2023 Recommended Action: Receive OPEB & Pension Section 115 Trust Performance Reportfor Quarter Ending June 30, 2023 Presenter: PARS and US Bank 4:15(15) Page I AuditCommittee Agenda July24,2023 A - OPEB Pension Section 115 Trust Performance Repoyt for 0uarter Ending June 30 2023 4.l: ACTION ITEM Consider the Treasurer's Investment Report for the Quarter Ending Jrine 30, 2023 Recommended Action: Receive the Treasurer's Investment Report for the Quarter Ending June 30, 2023 and recommend filing with City Council Presenter: Thomas Leung, Budget Manager, and Chandler Asset Management 4:30(10) Staff Report A - Chandler Investment Report Jiu"ie 2023 B - Chandler Custodial Statement June 2023 C - PARS Pension and OPEB Account Statement June 2023 D - LAIF Account Statement June 2023 5. $: INFORMATIONAL ITEM Consider the Quarterly Internal Audit Status Report Recommended Action: Receive the Quarterly Internal Audit Status Report Presenter: Moss Adams 4:40(20) A - Cupertino 0uarterly Internal Audit Status Report 6.$: ACTION ITEM Consider the Enterprise Leadership Assessment Report Recornrnended Action: Receive the Enterprise Leadership Assessment Report and forward to City Council Presenter: Moss Adams 5:00(20) A - City of Cupertino Enterprise Leadership Assessment Final Report 7.$: ACTION ITEM Consider the FY 2023-24 Internal Audit Program Recommended Action: Receive the FY 2023-24 Internal Audit Program and forward to City Council Presenter: Moss Adams 5:20(15) A - City of Cupertino FY 23-24 Intemal Audit Program 8.$: INFORMATIONAL ITEM Consider the Audit Committee 2023 Sdiedule and Work Plan Recornrnended Action: Receive Audit Committee 2023 Sdiedule and Work Plan and provide direction to staff Presenter: Jonathan Orozco, Finance Manager 5:35(10) A - Proposed Atdit Committee 2023 Schedule and Work Plan B - Proposed Audit Committee 2023 Schedule and Work Plan - Redline Page 2 Audit Committee Agenda July 24, 2023 ST AFF AND COMMITTEE REPORTS COMMITTEEMEMBER ATTENDANCE AT UPCOMING MEETINGS AND EVENTS FUTURE AGENDA SETTING ADJOURNMENT In compliance with the Americarts with Disabilities Act (ADA), anyone who is plaryning to attend thismeeting who is visually or hear'mg impaired or has arty disabi7ih) that needs specia[ assistance shouldcall the City Clerk's Office at 408-777-3223, at least 48 hours in advartce of the meeting to arra'nge forassistance. In addition, upon request, in advartce, by a person with a disability, meet'mg agendas andwritings distributed for the meeting that are public records zoill be made available in the appropriatealternative format. Any zoritings or documents provided to a majority of the members after publication of the agertda w'dlbe made available for public inspectiorx. Please contact the City Clerk's Office'm City Hail 7ocated at10300 Torre Avertue, Cupertirto, California 95014, during normal business hours. IMPORTANT NOTICE: Please be advised that pursuant to Cupertino MunicipaL Code sectiort2.08.l00voritten communications sent to the Cupertino City Courtcil Commissioners or City staffcortcerning a matter ory the agenda are included as supplemerttal materia7 to the agendized item. Thesewritten communicatiorts are accessible to the pub(ic through the City's website and kept in packetarchives. Do rxot irtclude any persona) or private information in written commurtications to the Citythat you do not wish to make public, as zoritten commwicatim'ts are considered public records and zo'dlbe made publicly avai(able 07'l the Cihy website. Members of the public are entit1ed to address the members concerning any item that is described'm thenotice or agenda for this meetirtg, before or during consideration of that item. If you wish to address themembers on any other item not on the agertda, you may do so durirgg the public comment. Page 3 CtlPERTINO ROLI, CALL CITYOF )SS- O300 Torre Avenue, City H@11 Corifeler3qi$jo.6a APPROVAL OF MINU1?.S 1.$: Approve the October 26, 2023 Administrative Hearing Minutes.Recommended Action: Approve the October 26, 2023 Administrafive Hearirig Minutes. 1- Draft Minutes POSTPONEMENTS - NONE ORAL COMMLTNICATIONS This pgtion of the g is restroed figr persons wishing to address the Cumrtnike Oft aml maderwithin the jurisdi ff k Cmrimittee and no: on the agmda. Speakers gre limited to three (3)minutes. In most cgses, State Igtn ufill prohhit the Commisswm from mdcingmy de mth respect to a matter not o'n the agenda. PUBLIC HEARmGS - NO!SJE OLD BUSINESS -NONE NEWBUSINESS Ardiitectural and Site Approval Permit and Dor's Mmor ModificationPermit to aznsider a remodel and addition to an existing ]odcer room building,constmction of a new storage area, and modifications to an existing parking lot locatedat the CuperUno Hills Swim & Racquet Club and assomted Categorical Exemptionunder CEQA. (Appli>tion No.: ASA-2022-008; DIR-2022-018Appliamt: CupertinoHills Swim and Raoquet aub; Location: 22090 Rae Lane; APNJ#356 07 027)Recommended Action: That the Hea Offiaq adopt the draft resolutions(Attadiment I &2) to: 1. Find the actions exempt from flie California Environmenti Quality Ad ("CEQA");and 2. AppmvetheArdiitecturalandSiteApproval(ASA-2022-008);and 3. AppmvetheDirector'sMmorModification(DIR-2022-018) Page I Ae Heag Agenda Deaamber 14, 2023 Staff Report 1 - Draft Resolution for ASA-2022-008, DIR-2022-018 2 - Site Plan ADJOURNMENT In mrttplignce with the Americans with Disabxlffies Ad (ADA), mymie who is planning to attend Uhis meeting who is visually gr hearing impgired or has sty disMlity that needs special assistance shouU call k City Clerk's Office at 408-777-3223, gt Newt 48 )'rs in advwce ff the meeting to mange @ assistgnee. In additim, uprm request, in advmar, by a ptrsm with a disability, meeting agendas and wvifings distnbuted for the meeting that gre puhlic reomds w'ill be made available ivy the gpte alternativefonrmt. Any witings gr documents prmAded to a m4mtyf k mmbers aJb publication of the agenda zgi11 be made mgilable fgr public inspedion. Pe cmtad flxe City Clerk's Office in C% Hall loxted at 10300 TmeAvmue, Cupertino, Cd@rnia 95014, duringngrrnal business hours. IMPORTAMI' NOTICE: Please be advised hat pumugnt to Cupertino Municipa[ Code sedim 2-08.100 rnritb communications sent to the Co City Councfl, Crwnmissimtrs or City staff cmcernmg a matter on the agertda are im:luded gs swpplemental rruiterml to the agendized item. Thesie wi'Htn amxmuniztions are acasmble to the public kmigh the City's website md kept in packet gr&tives. Do not include any ptrsgrial or primde in@rria in vgritten communications to the C% thatyou do tmt h to make public, gs wdten omnmunica' gre mnsidered public recurds and vmli be rnadepublicly mailable an the City website. Mmbgrs ff the public are mtitled to address themgmbtrs mncernmg any itm that is descnhed in the nofice or aggnda /ma this meeting, bare m durmg mratim r4 tM itm. If you aaogh to address the mmtdms an guy other item rxotm the aggmla, ymi maydoso during the public commmt. Bay2 ,S"'i";l.al ""L:, (:l -;' C ,/X i:f 'i:, . . y CITY OF APPROVAI OF MINUTES 1. POSTPONEMENTS ORAL COMMUNICAIIONS This portion of the meeting is reserved frw persms rishing to address the Commiffee m gny matterrmthin the jurisdictim of the Cmrtmke grid not on the agenda. Speakers gre l'tmited to three (3)minutes. In most cg>es, State Igm mll prohkt the Commissio;n from making any de6s'mns mth respectto a matter not on the agenda. PUBI,IC HEARINGS O[,D BUSINESS NEW BUSINESS 2,Architectural artd Site Approval to allow exterior improvements to the frorytand side facade of Shane Co. located at 19900 Stevens Creek Borilevard. (ApplicationNo(s).: ASA-2023-004; Applicant: Kevin Tallman, Shane Co.; Locatiori: 29900 StevensCreek Blvd.; APNI(s"): 369-05-044 Recommended Action: That the Hearing Officer adopt the draft resolution to:1. Find that the proposed actions are exempt from CEQA; and2. Approve the ArchitecUiral and Site Approval Permit 1. Draft Resolution for ASA-2023-004 2. Rendering Package 3. Site Plan ADJOURNMENT %e I Ae Hem'ag Agenda September28, 2023 In cmnplimice with the Americgns ufith Disabilities Ad (ADA), mymie vnho is pknning to attend this meeting mho is visually ff hegring mpaired rw has arty dimbflity that needs special assistanar should call the City Clerk's Office at 408-777-3223, at lmst 48 ?murs in advaru:e af the meeting to arrange for mistgnce. In additim, xrpm request, in advance, h) a persm vith a disafnlity, meeting agendm and vmifings distnbuted @ Uxe meeting that are p'xiblic recmds ill be made gogilable in the appropriate tilternm'#e fmnat. Any witings or docximents prguidedJo,,amqjrsrity d the members after publication of the agenda will - be made gomlable for pxiblic impection. Platse tmtad the Citi) Clerk's Office in Cih) Hall Located at 10300 TmeAven'tte, CuperHno, California 95014, during nmrml iness hours. IMPORTANT NO'nCE: Please be advised that pursugnt to CuperHno Municipal Code section 2.08.l00vmitttn a:immunications sent to the CxtperH'no City Cmmril, Cmnmissioners or Citi) staff concerning a matter rm the agenda gre included as supptal rruiterial to the agendized item. These witten munications are accessible to the public thrmtgh the City's website and kept in packet arch'mes. Do not include any personal or private infrwmation in 'written mnmxmicgtiom to the City fhgt ymt d!o not wish to make public, as wittert comrmmicatiom are cw;idered public records and will be made publicly available m the City website. Mernbm of the public are entitled to address the mmbm cmcerning my item that is described in the notice m agenda @ this meeting, before or during cmsidtration rf that km. If you wish to address the mtudim m grty other item not Off the agenda, you mgy do SO durmg the'pxiblic comment. Page 2 CITY OF CUPERTI-N-O.- ( ' i# APPROV AL OF MINUTES 1.$: October 18, 2023 Bicycle Pedestrian Commission MinutesRecommended Action: Approve the October 18, 2023 Bicycle Pedestrian CommissionMinutes A - Draft Minrites POSTPONEMENTS ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the Conwission on any matterwithin the jurisdiction of the Commission and yiot 07? the agenda. Speakers are limited to three (3)mimttes. 77? most cases, State Law wil7 prohibit the Commissioyi from makiyig ayzy decisioyis with respectto a matter not C);I? t7ie agertdct. WRITTEN COMMUNICATIONS OLD BUSINESS 2. $: Future Agenda Items (Wolf) Recommended Action: Develop and Maintain a List of Future Agenda Items for theBicycle Pedestrian Commission NEW BUSINESS 3. l: Silicon Valley (SV) Hopper Services Update (Schroeder)Recommended Action: Receive a Presentation on Cupertino's Silicon Valley (SV)Hopper Service and Expansion Areas 4. l: December 2023 Bicycle Pedestrian Commission AgendaRecommended Action: Discuss Potential Agenda Items for the December 2023 BicyclePedestrian Commission Meeting (Action Item) Page I Bicycle Pedestrian Commission Agenda November 15, 2023 ST AFF AND COMMISSION REPORTS 5. $: Staff Update and Commissioner Activity Report (All) Recommended Action: Receive Updates from Staff and Commissioners Regarding Recent Activities ADJOURNMENT 77? compliance with the America;ns with Disabilities Act (ADA), anyone who is p(cmning to attend this meetiyig zoho is visual(y or hear'mg impaired or has any disability that needs specia7 assistayice should call the City Clerk's Office at 408-777-3223, at Iectst 48 liours in adva;nce of the meeting to arra;nge for assistance. h2 addition, upon request, i;q advance, by a person zoith a disability, meeting ctgendas and zoritings distributed for the meeting that are public records will be made availab7e in the appropriate alternative format. Arty writings or documents provided to a majority of the members after publication of the agenda roill be made available for pub(ic inspection. Please contact the City Clerk's Office in City Hall located at 10300 Torre Aveyiue, Cupertino, California 950M, during norma7 business hours. IMPORTANT NOTICE: Please be advised tliat pursuant to Cripertino Municipal Code section 2.08.l00writtert communications sent to the Cupert'mo City Council, Commissioners or City staff corxcerning a matter (77? the agenda are included as supplemeyital material to the agevxdized item. These written commuryications are accessible to the pubdic tJ-'trough the City's website and kept in packet archives. Do not'mclude any personal or private information in zoritten commvmications to the City that you do not wish to make public, as zoritten comrmmications are considered public records and zoi(( be made publicly available tm the City website. Members of the public are entitled to address the members concerning any item that is described in the notice or agenda for this meeting, before or during considercttion of that item. If you wish to address the members 07? any other item not oiq the agenda, you may do so duri;ng the public comment. I%ge 2 CUPERTINO ROLL CALL APPROV AL OF MINUTES 1.$: September 20, 2023 Bicycle Pedestrian Commission Minutes Recommended Action: Approve the September 20, 2023Bicycle Pedestrian Commission Minutes A - Draft Minutes POSTPONEMENTS ORAL COMMUNICATIONS This portion of the meeting is reserved for persons voishing to address the Commissio'n on any matterzoithin the jurisdiction of the Commissiory and'not 07? the agenda. Speakers ctre limited to three (3)mimttes. In most cases, State law will proJiibit the Coyyzmission froyn making any decisions wit7i respectto a matter not on the agenda. WRITTEN COMMUNICATIONS OLD BUSINESS 2.$: Future Agenda Items (Wolf) Recommended Action: Develop and Maintain a List of Fuhire Agenda Items for the Bicycle Pedestrian Commission NEW BUSINESS 3. $: 2023 Cupertino Fall Bike Fest Recap Recommended Action: Receive Report on 10th Anniversary Cupertino Fall Bike Fest 4.l: De Anza Boulevard Buffered Bike Lane Project Update (Aumentado) Recommended Action: Receive Presentation and Provide Feedback on De Anza Boulevard Buffered Bike Lane Project (Action Item) Page f Bicycle Pedestrian Commission Agenda Octobet 18, 2023 ST AFF AND COMMISSION REPORTS 5. &: Staff Update and Commissioner Activity Report (All) Recommended Action: Receive Update from Staff and Commissioners Regarding Recent Activities ADJOURNMENT In compliance with the America;+'xs 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 sho'tdd cal2 the City Clerk's Office at 408-777-3223, at least 48 hours in advcmce of the meeting to arrange for assistartce. In additimz, upon request, in advance, by a person with a disability, meeting agendas and writings distributed for the meeting that are public records wiu be made available in the appropriate alternative format. Any zoritiyigs or documents provided to a majority of tlie ynembers after pub(ication of the ageiida wil2 be made availcible for pviblic iyispection. Please contact the City Clerk's Office in City Hall located at 10300 Torre Aveyque, Cupertino, Cctlifornia 95014, during normcd brisiness hours. IMPORTANT NOTICE: Please be advised tJiat pursuartt to Cupertino Municipcd Code section 2.08.100 writte;n commtmications se;nt to the Cupertino City Council, Commissioners or City staff concerning a matter on the agenda are inchtded as suppleynenta1 material to the agendized item. These zoritten communicatioyzs are accessible to the public through the City's website arxd kept in packet archives. Do not include ayiy persona[ or private'mformation irx written conwvmications to the City thctt you do not wish to make public, as written conmzunicatioris are considered public records and wiLr be made publicly availab7e 07? the City zoebsite. Members of the public are entit(ed to address the members concern'mg any item that is described iyi the notice or agenda for this meeting, before or during consideration of that item. If you wish to address the members 07? any other item not on the agenda, you may do so during the puMic comment. Page 2 CUPERTINO CITY OF C'[JPERTTNn ) SS. PLEDGE OF ALLEGIANCE 'ol!r'hll'\"" 'dL'sic;s.,'srtir<b ROtl, CALI, APPROV At OF MINUTES 1. : August 16, 2023 Bicycle Pedestrian Commission minutes Recommended Action: Approve the August 16, 2023 Bicycle Pedestriari Commission Minutes A - Draft Minutes POSTPONEMENTS ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the Commission on any matter within the jurisdiction of t7ie Commission and not on Uze agenda. Speakers are limited to three (3) minutes. by most cases, State Law wiL7 prohibit the Commission from making any decisions with respect to a ynatter not on t7ie agenda. WRITTEN COMMUNICATIONS OtD BUSINESS 2.: Future Agenda Items (Wolf) Recommended Action: Develop and Maintain List of Future Agenda Items for the Bicycle Pedestrian Commission NEW BUSINESS 3.: Speed Limit Setting Practices Recommended Action: Receive presentation from Staff on the practice of setting speed limits and the impacts of AB43 / AB1938. ST AFF AND COMMISSION REPORTS Page I Bicycle Pedestrian Commission Agenda September 20, 2023 4. ADJOURNMENT In compliance with the Americans with Disabilities Act (ADA), anyorte who is planning to attend this meeting zoho is visually or hearing impaired or has any disabilih) that needs specia7 assistance shou(d 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, ;i.tpon request, in advance, by a person with a disability, meeting agendas and writings distributed for the meeting that are public records will be ywde avctilable in the appropriate alternative formctt. Arty writings or documents provided to a majority) of the members after pub(ication of the agenda will be made available for public inspection. Please contact tl"te Cih) Clerk's Office in Cih) Ha(/ (ocated at 10300 Torre Avenue, Cupertino, California 95014, during normal bus'trtess hours. IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Mrmicipa! Code section 2.08.l00written communicrttions sent to the Cupertino City Council, Commissioyzers or Cih) st4 concerning a rnatter on tlie agenda are inchtded as supp7ementaL material to the agendized item. These zoritten communications are accessible to the public through tlie Citi)'s website and kept in packet archives. Do not inc(ude any persona( or private information in written commvmications to the City that 3/OZ/ do not wish to make public, as written commvmications are considered public records and zoi{l be made pubLic(y available 07? the City website. Members of the public are entit(ed to address the members concerni;rig any item that is described in tlie notice or agenda for this meeting, before or during consideration of that item. If you wish to address the members on any other ite'in not on the agenda, you may do so during the public comment. Page 2 ROL[ CA[L 7:00 PM SIGNATURE APPROV AL OF MINUTES 1. 2: July 19, 2023 Bicycle Pedestrian Commission Minutes Recommended Action: Approve the July 19, 2023 Minutes A - DraftMinutes POSTPONEMENTS ORAL COMMUNICATIONS This portioy'y of t)'xe meeting is reser'oeci for persons wishing to ctddress the Con;tmission on any ynatter within the jurisdiction of tlie Comynission and not 07? the agendct. Speakers are 7imiteti to three (3) minutes. In most cases, State lani'toill prohibit t7ye Coynmission from making any decisions zoith respect to a matter not on the agenda. aITTEN COMMUNICATIONS OLD BUSINESS 2. $: Future Agenda Items (Wolf) Recommended Action: Develop and Maintain List of Future Agenda Items for the Bicycle Pedestrian Commission NEW BUSINESS 3. $: 2023 Fall Bike Fest Planning and Coordination (Walkowiak) Recornrnended Action: Discuss Planning and Coordination for the 2023 Fall Bike Fest 4. $: Regnart Creek Trail Crossing at Blaney Avenue Recommended Action: Discuss Regnart Creek Trail Crossing at Blaney Avenue and provide recommendations for enhancing crossing safety ST AFF AND COMMISSION REPORTS Page I Bicyde Pedestrian Commission Agenda August 16, 2023 5. ADJOURNMENT Jl? complia;n.ce with the An'tericans roith Disabilities Act (ADA), ayzyone 707zo is planning to ctttend this meeting voJzo is visually or hectring impaired or 7xas any disabilih) that needs special assistance should cal7 the Cih) Clerk's Office at 408-777=3223, at Least 48 770!!/?"S in advance of tlie meeting to arrange for assistance. In additioyi, upon request, Gt ctdvrtnce, by a person roit};i a disability, yneeting agendas and niritings riistributed for the meeting that are p'r.tblic records will be nmde availa)!;7e in the appropriate ct(terwtive forynat. Any writings or docuynents provided to a mctjoriti) of the inembers after publication of the agenda wi7[ be ynade available for liublic inspection. Please contact t7xe Citi) Clerk's Office in City Hall located at 10300 Torre Avenue, Cupertiy'xo, California 95014, durit'yg norma7 l'iusiness hnurs. IMPORTANT NOTICE: Precise be advised that pursuant to Cupertino Nhmicipal Code sectioyi 2.08.100 nwitten comynunications sent to the Cxipertino City Council Commissioney-s or City staff concerning a inrttter rm the agenda are inchtded as supplenientai materia( to the agendized item. These written coywxunications are accessible to the public through the Cifi)'s ztiebsite and kept in packet archives. Do not irtc(i.tde aizy personct{ or prir,iate iivformation in roritten commtmications to the City that you cio not wish to malce public, as written comyyumications tzre considered public records and wi(l be made publicly available 07? the City website. Meynbers of the public are cntitled to address the meynbers concerning tmy item that is described in the yiotice or agenda for this meeting, before or during consideration of that item. If you wish to address the members O?? any ot7ier item riot on the agenda, you may do so dur'mg the pul'ilic coy'im'ient. Page 2 -Fi 7:00 PM IN PERSON AND TELECONFERENCE / PUBLIC PARTICIPATION INFORMATION Members of the public wishing comment on an item on the agenda may do so in the following ways: 1) Appear in person at Cupertino City Hall. Members of the audience who address the Commission 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 by 5:00p.m. on Wednesday, Julyl9to the Commission at bikepedcommission@cupertino.org. These e-mail comments will be received by the commission members before the meeting and posted to the City's website after the meeting. 3) Teleconferencing Instructions Members of the public may observe the teleconference meeting or provide oral public comments as follows: Oral public comnnents win be accepted during the teleconference meeting. Comments may be made during "oral communications" for matters not on the agenda, and during the public comment period for each agenda item. TO address the Commission, 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/WNZjjuCVZwTte0mxU805YmMg Page I Bicycle Pedesttian Commission Agenda July 19, 2023 Phone Dial 669 900 6833 and enter Webinar ID: 916 5574 4491 (Type *9 to raise hand to speak). 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) 213.19.144.110 (Amsterdam Netherlands) 213.244.140.110 (Germany) 103.122.166.55 (Australia) 69.174.57.160 (Canada) Meeting ID: 916 5574 4491 SIP: 91655744491@zoomcrc.com After registering, you will receive a confirmation email containing information about joining the webinar. Please read the following insttuctions 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 Residertt" or similar designation. 3. When the Chair calls for the item on which you wish to speak, click on "raise hand." 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 bikepedcommission@cupertino.org prior to speaking. ROLL CALL Page 2 Bicycle Pedestrian Commission APPROV A'L OF MINUTES Agenda July 19, 2023 1.$: June 21, 2023 Bicycle Pedestrian Commission Minutes Recommended Action: Approve the June 21, 2023 Bicycle Pedestrian Commission Minutes A - Draft Minutes POSTPONEMENTS ORAL COMMUNICATIONS This portion of the meeti;ng is reserved for persons zois7iing to address the Commission 07? any matter within the jurisdiction of the Commission and not on the agenda. Speakers are Limited to three (3) minutes. In most cases, State )aw will prohibit the Commission from making any decisions with respect to a matter not 07? the agenda. WRITTEN COMMUNICATIONS OLD BUSINESS 2.$: Future Agenda Items (Wolf) Recommended Action: Develop and Maintain a List of Future Agenda Items for the Bicycle Pedestrian Commission NEW BUSINESS 3.$: Go Safely, California - Education Program Presentation from the California Office of Traffic Safety (Weisburg) Recommended Action: Receive Presentation on the "Go Safely, California" Education Program from the California Office of Traffic Safety 4.$: Cupertino Transportation Division Presentation (Aumentado) Recommended Action: Receive Presentation on Cupertino's Transportation Division Staff, Roles and Responsibilities, and On-Going Projects ST AFF AND COMMISSION REPORTS 5.$: Staff Update and Cornrnissioner Activity Report (All) Recommended Action: Receive Updates from Staff and Commissioners Regarding Recent Activities ADJOURNMENT In compliance with the Americans wit7i Disabilities Act (ADA), a;nyone wlio is pla;nning to attend this meeting who is visuauy or hearing impaired or has any disabiLih) that needs special assista;nce shou(d Page 3 Bicycle Pedestrian Commission Agenda July 19, 2023 call the Cih) C7erk's Office at 408-777-3223, at least 48 hours in advance of the meeti'ng to arrange for assistance. In addition, upon request, in advance, by a person with a disabi7ih), meet'mg agertdas and writings distributed for the meeting that are public records wil7 be made available in the appropriate alternative format. Arty writings or documents provided to a majorih) of the members after publication of the agenda wi(l be made available for public inspection. P4ease contact the City Clerk's Office in Cih) Hall 7ocated at 10300 Torre Avertue, Cupertino, Califor'nia 95014, duri;ng norma7 business hours. IMPORTANT NOTICE: Please be advised that pursuant to Cupertino MunicipaL Code section 2.08.l00written communications sent to the Cupertino Cih) Co'vmcil Commissioners or Cih) staff concerni;ng a matter on the agenda are included as supplementa( materia7 to the agendized item. These written comrmmications are accessib(e to the pub(ic through the City's website and kept in packet archives. Do ;not inc7ttde any persona7 or private information in zoritten comynunicatio;ns to the Cih) that you do not wish to make pub(ic, as writtert comrmmications are considered public records and will be made public(y avai(abLe 07? the City website. Members of tlie public are entitled to address the members concerning any item that is described'm tlie notice or agenda for this meeting, before or during consideration of that item. If you wish to address the members on any other item not on the agenda, you may do so dur'mg the public comment. Page 4 CITY OF STATE OF CALIFORNtA AN IN PERSON AND TE[,ECONFERENCE / PUBLIC PARTICIP ATION INFORMATION Members of the public wishing comment on an item on the agenda may do so in the following ways: 1) Appear in person at Cupertino City Hall. Members of the audie:nce who address the Commission 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 by 5:00 p.m. on Wednesday, June 21 to the Commission at bikepedcommission@cupertino.org. These e-mail comments will be received by the commission members before the meeting and posted to the City's website after the meeting. 3) Teleconferencing Instructions Members of the public may observe the teleconference meeting or provide oral public comments gs follgws: Oral public comments will be accepted during the teleconference meeting. Comments may be made during "oral communications" for matters not on the agenda, arid during the public comment period for each agenda item. To address the Commission, 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 -9u9TSSLRC;quji9ueB-lVg Page I nicyclg %'q4estrian Commission Agenda June 21, 2023 Phone Dial 669 900 6833 and enter Webinar ID: 997 0752 3147 (Type *9 to raise hand to speak) 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) 213.19.144.110 (Amsterdam Netherlands) 213.244.140.110 (Germany) 103.122.166.55 (Australia) 69.174.57.160 (Canada) Meeting ID: 997 0752 3147 SIP: 99707523147@zoomcrc.com After registering, you will receive a confirmation email containing information about joining the webinar. Please read the following instnuctions 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 browset: 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 Chair calls for the item on which you wish to speak, click on "raise hand." 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 bikepedcommission@cupertino.org prior to speaking. ROLL CALI, Pags'2 Bicycle Pedestrian Commission APPROV AL OF MINUTES Agenda June 21, 2023 1. POSTPONEMENTS ORAt COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the Commissio;n on any matter zoithin the jurisdiction of the Commission and not on the agenda. Speakers are limited to tliree (3) minutes. In most cases, State lava zoi7l prohibit the Commission from mctking any decisions with respect to a matter not on the agertda. flITTEN COMMUNICATIONS OLD BUSINESS 2. NEW BUSINESS 3. : 2023 Fall Bike Fest Planning and Coordination (Walkowiak) Recommended Action: DiScuSs Planning and Coordination for the 2023 Fall Bike Fest 4.: Highway Safety Improvement Program Grant Update (Stillman) Recommended Action: Receive Presentation on Approved Highway Safety Improvement A - Presentation ST AFF AND COMMISSION REPORTS 5.: Staff Update and Commissioner Activity Report (All) Recommended Action: Receive Updates from Staff and Commissioners Regarding Recent Activities ADJOURNMENT Irt compliance zoith the Americans with Disabilities Act (ADA), anyone zoho is plawing to attend this meeting who is visually or hearing impaired or has any disabi(ih) that needs special assistance shouU Page 3 BicyclePedestrianCommission Agenda June21,2023 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 voritings distributed for the meeti;ng that are public records wil7 be made available in the appropriate alterncttive format. Any writings or documertts provided to a majorit'i) of the members after pub(ication of the ctgertdct will be made available for public inspection. Hease contact the Cih) Clerk's Office in City Hall located at 10300 Torre Avenue, Cupertino, Carifornia 95014, during normctl business hours. IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipa( 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 agertdized item. These writtert communications are accessible to the public tlirough tlie City's website and kept in packet archives. Do not include any perso;na( or private information in writte;n comm;tmications to the Cih) that you do not r.oish to make public, as writte;n commtmications are considered public records and zoi[[ be made publicly available on the City voebsite. Members of the public are entitled to address the members concerning any item that is described in the notice or agenda for this meeting, before or during consideration of that item. If you wish to address the members on any other item not on the agenda, you may do so during the pu'Mic comment. Page 4 STATb (Jh-' CALIF'=. CU PERTINO Thursday, December 14, 2023! Televised Special Meeting (Mayor and Vice Mayor Election) 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, December 14, 2023, commencing at 5:00 p.m. in Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, California 95014. Said special meeting shall be for the purpose of conducting business on the subject matters listed below under the heading, "Special Meeting." SPECIA[ MEETING CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL 1. ELECTION OF MAYOR AND VICE MAYOR a. Councilmembers elect Mayor b. Councilmembers elect Vice Mayor c. Mayor and Vice Mayor Oath of Office ADJOURNMENT Lobbyist Registration and Reportirtg Requirements: Individuals who i4uence or attempt to influence legislative or admirtistrative action may be required by the Cih) of Cupertino's lobby'mg ordinance (Cupertino Mtmicipa7 Code Chapter 2.100) to register and report lobbying activity. Persons zohose communicatiorxs regard'mg any legislative or admirtistrative are sorely limited to appearing at or submitt'mg testimony for arxy public meeting heU by the City are not required to register as lobbyists. For more informatiorx about the lobbying ord'mance, please contact the City Clerk's Office at 10300Torre Avertue, Cupertirto, CA 94107; telephone (408) 777-3223; emai7 cityclerk@cupertino.org; and website: zozozo.cupertino.org/)obbyist. Page I City Council Agenda December 14, 2023 The Cih) of Cupertino has adopted the provisions of Code of Civi( Procedure §1094.6; litigation cha((enging a final decision of the City Counci7 must be brought within 90 days after a decision is annourtced tmless a shorter time is required by State or Federal law. Prior to seekirtg judicial reviero of any adjudicatory (quasi-judicial) decision, interested persons must file a petitiorx for recorysideration within ten ca[ertdar days of the date the City Clerk mails rgotice of the Cih)'s decisiort. ReconsideratioA peatitiorts must comply zoith the requirements of Cupertino Municipa7 Code §2.08.096. Corttact the City Clerk's office for more i4ormation or go to http://www.cupertirxo.org/cih)clerk for a reconsiderahon petition form. Irt compliance with the Americans roith Disabilities Act (ADA), anyone zoho is plarming to attend this meet'mg zoho is visually or hearing impaired or has any disability that needs specia( assistance should ca(( the City C(erk's Office at 408-777-3223, at least 48 hours in advance of the meeting to arrartge for assistance. In addition, upon request, in advartce, by a person zoith a disability, meeti;hg agendas arid zoritings distributed for the meeting that are public records w'dl be made avai(able in the appropriate alternative format. Any writings or documents provided to a majority of the Cupertino City Counci7 after publication of the packet zoi[l be made avai(aMe for public inspection in the City Clerk's Office Located at City Hall, 10300 Torre Avenue, Cupertino, Califorrtia 95014, dur'mg norma( business hours; and in Council packet archives linked from the agenda/minutes page on the Cupertirto web site. IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipar Code section 2.08.I00written communications sent to the Cupertino Cih) Courtcil Commissioners or Cih) staff coricerning a matter on the agenda are included as suppleme;nta7 materia7 to the agertdized item. These written communications are accessible to the public through the Cih)'s website and kept in packet archives. Do not irtcrude any perso;nal or private informatiort irt written commurtications to the City that you do not wish to make public, as writtery communications are considered public records and zoill be made publicly available on the City zoebsite. Page 2 ! t i r'i 'a Televised Special Meeting (5:00) and Regular City Council Meeting (6:45) IN-PERSON AND TELECONFERENCE / PUBLIC PARTICIP ATION INFORMATION Members of the public wishing to obsenre 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 Commuriity Hall. 2) E-mail comments by 4:00p.m. on Tuesday, December 5to 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-fhemselves Page 1 City Council Agenda December 5, 2023 Completion of Speaker Cards and identi,fying yourself is voluntary and not required to attend the meeting or provide comments. 3) Teleconferencing Instt'uctions 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/WNlqDtPC31RsmLVc4WXjeYxw Phone Dial: 669-900-6833 and enter Webinar ID: 938 7738 4168 (Type '9 to raise hand to speak, *6 to unmute yourself). Unregistered participants wffl 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: 938 7738 4168 SIP: 93877384168@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 'lraise hand," or, if you are calling in, press *9. Speakers will be notified shortly before they are called to Page 2 City Council Agenda December 5, 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@cuperhno.org prior to speaking. These documents will be 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 Tuesday, December 05, 2023, commencing at 5:00 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." SPECIAL MEETING ROLL CALL - 5:00 PM STUDY SESSION 1.$: Receive presentation regarding revenue tax measure options for the City's General Fund and provide direction to staff on winch revenue tax measure(s), if any, to explore for feasibility through opinion research for the November 2024 election Recommended Action: Provide direction to staff regarding exploring the feasibility of one or more potential revenue tax measures-Transaction and Use Tax, Transient Occupancy Tax, Parcel Tax, and/or Business Operations Tax-through opiniori research for tlie November 2024 election Presenter: Kristiiia Alfaro, Director of Administrative Services Staff Reoort A - Presentation ADJOURNMENT REGULAR MEETING CALL TO ORDER - 6:45 PM PLEDGE OF ALLEGIANCE ROLL CALL CLOSED SESSION REPORT Page 3 City Council Agenda December 5, 2023 CEREMONIAL ITEMS 1. $: Certificates of appreciation to volunteers at the Silicon Valley Korean School (SVKS) Recommended Action: Present certificates of appreciation to volunteers at the Silicon Valley Korean School (SVKS) A - Certificates of Appreciation 2.$: Recognition of Manny Barragan as the City of Cupertino's longest serving employee Recommended Action: Present certificate of recognition recognizing Maniiy Barragan as the City of Cupertino's longest serving employee A - Certificate of Recognition 3.$: Recognition of Cupertino Sister City relationships Recommended Action: Present certificates of recognition to Cupertmo Sister Cities representing Copertiiio, Italy; Toyokawa, Japan; Hsinchu, Taiwan; and Bhubaneswar, India A - Certificates of Recognition POSTPONEMENTS AND ORDERS OF THE DAY ORAL COMMUNICATIONS This portion of the meeting is reserved for persons uiishing to address the Cotmcil own any matter zoitliin the jurisdiction of the Cormci( and not 07? the agenda for discussion, including informational items. The total time for Oral Communications will ordinarily be Limited to one hour. Individua7 speakers are iimited to three (3) minutes. As necessary, the Chair may fitrther (imit the time al(ozoed to individua[ speakers, or reschedu{e remaining comments to the end of the meeting on a first come first heard basis, with priority givert to studertts. Irt most cases, State law wi(l prohibit the Counci7 from discussing or making any decisions with respect to a matter not listed 07? the agenda. A counci[member may, hozoever, briefly respond to statements made or questions posed by speakers. A councilmember may also ask a question for clarificatio'n, provide a reference for factual information, request staff to report back concerni;hg a matter, or request that an item be added to a future Cih) Cormci[ agertda in response to pub(ic commertt. CONSENT CALENDAR (Items 4-9) Items appearing on the Co;nsent Calendar are considered routine City business artd may be approved by one motion. Typica7 items may include meeting minutes, awards of contracts, the ratification of accovmts payable, and second readings of ordi'nances. Any member of the Cotmcil may request to have an item removed from the Consent Calendar based on the rudes set forth in the City Covmcil Procedures Manual. Members of the public may provide input on one or more consent calendar items when the Page 4 CityCouncil Agenda Mayor asks for pub(ic comments on tlie Consent Ca(e;ndar. December 5, 2023 4. $: Approval of the November 14 City Council minutes Recommended Action: Approve the November 14 City Coincil minutes A - Draft Minutes 5, $: Approval of the November 21 City Council minutes Recornrnended Action: Approve the November 21 City Coiu'icil minutes A - Draft Minutes $: Adopt a maximum rate schedule for Rate Period Four for Recology to provide recycling, organics, and solid waste collection, recycling and organics processing services, and transport for disposal as calculated using the allowed and approved methodology iii the Franchise Agreement Recommended Action: Adopt Resolution No. 23-131 (Attachment A) to: 1. Adopt a maximum rate schedule for Rate Period Four for Recology to provide recycling, organics, and solid waste collection, recycling and organics processing services, and transport for disposal pursuant to the franclnse agreement (Attachment B; (FA Exhibit E2)); and 2 Authorize the use of $547,800of restricted-use enterprise funds to smooth and mitigate the Rate Period Four adjustment Staff Reoort A - Draft Resolution B - Recology Franchise Agreement C - HF&H Report - Review of RP 4 Application $: Adopt the OPEB aiid Pension Trust Investment Policies Recommended Action: 1. Adopt Resolution No. 23-132 for the OPEB Trust Investment Policy; and 2. Adopt Resolution No. 23-133 for the Pension Trust Investment Policy Staff Report A - OPEB Trust Investment Policy (Clean) B - OPEB Trust Investment Policy (Redline) C - OPEB Investment Policy Draft Resolution D - Pension Trust Investment Policy (Clean) E - Pension Trust Investment Policy (Redline) F - Pensioi Investment Policy Draft Resolution 8. $: Accept Silicon Valley Clean Energy Comrminity Resilience Grant in the amount of up to $233,963 to purchase two (2) Electric Vehicle Autonomous Renewable Cliarger (EV ARC) portable solar-powered charging systems Page 5 City Council Agenda December 5, 2023 Recorni'nended Action: 1. Adopt Resolution No. 23-134 accepting up to $233,963 in Community Resilience Grant fundiitg from Silicon Valley Clean Energy and approving budget modification #2324-316 increasing appropriation and estimated revenues by $233,963 in 100-87-829 900-990 for procurement of Electric Vehicle Autonomous Renewable Charger units; 2. Authorize the City Manager to execute all documentation necessary to accept the grant funding; and 3. Authorize the purchase the two (2) Electric Vehicle Autonomous Renewable Charger units, trailer and additional support and maintenance for a total cost of $233,963 from Beam Global Staff Report A - Draft Resolution B - Grant Agreement C - Beam EV ARC Price 0uote D - BEAM EV ARC Product Informaiton E - State of California Agreement 9,$: Cancellation of the December 19, 2023 City Council meeting Recommended Action: Cancel the December 19, 2023 City Council meeting Staff Report PUBLIC HEARINGS Effective January 1, 2023, Government Code Section 65103.5 (SB 1214) (imits the distribution oj copyrighted materia/ associated with the review of deve{opme;nt projects. Members of the public wishing to view plans tliat can;not otherwise be distributed vmder SB 1214 may make an appointment with the Planning Division to view tliem at City Hall by sertding an emai7 to planning@cupertino.org. Plans wiu also be made avaiiab(e digital(y during the hearing to consider the proposaL 10. $: Municipal Code Amendment to Chapter 19.76 and a Conditional Use Permit and Parking Exception for the use of a former public school site by a pre-kindergarten through 9th grade private educational facility and associated Categorical Exemption u-ider CEQA. (Application No.: MCA-2023-003; U-2023-002; EXC-2023-009 Applicant: City of Cupertino; Grace Stanat on behalf of Tessellations; Location: BA-zoned (Public Building) properties in Cupertino; 1170 Yorkshire Drive; APN# 362-08-001) Page 6 December 5, 2023CityCouncil Agenda Recommended Action: That the City Cou'icil: 1. Find the proposed actions exempt from the California Environmental Quality Act (CEQA) and CEQA Guideliiies; 2. Conduct the first reading of Ordinance No. 23-2253: "An Ordinance of the City Council of the City of Cupertino amending Cupertiiio Municipal Code Chapter 19.76 (Table 19.76.030) to allow privately operated educational uses and privately operated public serving uses in the BA zorffig district "; 3. Adopt Resolution No. 23-135 approving the Conditional Use Permit (U-2023-002); and 4. Adopt Resolution No. 23-136 approving the Parking Exception (EXC-2023-009) Presenter: Emi Sugiyama, Associate Planner Staff Report A - Draft Ordinance for MCA-2023-003 B - Draft Resolution for U-2023-002 C - Draft Resolution for BXC-2023-009 D - Plan Set (Abridged Pursuant to SB1214) E - Applicant's Project Description F - Planning Commission Resolution 2023-14 G - Planning Commission Resolution 2023-15 H - Planning Commission Resolution 2023-16 ACTION CAI,ENDAR 11. $: Proposed arnendments to Municipal Code Chapter 19.12, Chapter 19.28 and Chapter 19.112 regarding Two-Story Permit and Accessory Dwelling Unit (ADU) laws. (Application No. MCA-2023-002; Applicant: City of Cupertino; Locatioii: City-wide) Recommended Action: That the City Cou'icil conduct the public hearing and conduct the first reading of Ordinance No. 23-2254: "An Ordinance of The City Council of the City of Cupertiiio to amend Municipal Code Chapter 19.12, Chapter 19.28 and Chapter 19.ll2Regarding Two-Story Permit and Accessory Dwelling Unit (ADU) Laws" (Attachment A) to amend the following: a. Chapter 19.12, Administration, and b. Chapter 19.28 Single-Family Residential (R-1) Zones. c. Chapter 19.112, Accessory Dwelling Units (ADU) Presenter: Gian Martire, Senior Planner Staff Retiort A - Draft Ordinance (Clean> B - Draft Ordinance (Redline) C - Planning Commission Resolution No. 2023-17 D - Gov. Code Sections 65852.2 and 65852.22 E - Public Comment COUNCIL REPORTS AND COMMENTS Page 7 City Council Agenda December 5, 2023 12. $: Councilrnember Reports A - Council Reports, Fruen B - Council Reports, Mohan C - Council Reports, Moore D - Council Reports, Wei CITY MANAGER REPORT ORAt COMMUNICATIONS - CONTINUED INFORMATIONAL ITEMS I;nformation items are intended to provide background information and routine reports to Councilmembers and the pub7ic, without discussion by Council. Members of the public wishing to coynmertt on informational items should do so during ora( comrmmications 13. $: Update regardiiig Vallco's SB 35 project approval Recommended Action: Receive the update regarding Vallco's SB 35 project approval Informational Memorandum A - Email from Reed Moulds, Managing Director, Sand Hill Property Company, dated 11/29/2023 14. $: Update on Maiii Street Recommended Action: Receive the update on Main Street Informational Memorandum A - November 14 Planning Commission staff report B - Director's Decision /Main Street Note to File COUNCIL AND ST AFF COMMENTS AND FUTURE AGENDA ITEMS ADJOURNMENT Lobbyist Registration and Reporting Requiremertts: Individuals who i;nfluence or attempt to influence legislative or administrative action may be required by tlie City of Cupertino's lobbying ordinance (Cupertino Mtmicipa7 Code Chapter 2.100) to register and report lobbying activity. Persons whose commu;nications regarding any 7egis(ative or administrative are solely 7imited to appearing at or submitting testimony for any public meeting herd by the City are not required to register as Lobbyists. For more information about the iobbying ordinance, please contact t.he City Clerlc's Office at 10300 Torre Avenue, Cupertino, CA 94107; telephone (408) 777-3223; emair cityc(erk@cupertino.org; and zoebsite: zozow.cupertino.org/lobbyist. Tlie City of Cupertino has adopted the provisions of Code of Civi7 Procedure §1094.6; Litigation char(ertging a fina( decision of the City Council must be brought within 90 days after a decision is annoi.mced vmless a shorter time is required by State or FederaI law. Page 8 City Council Agenda December 5, 2023 Prior to seeking judicia( review of any adjudicatory (quasi-judicial) decision, interested persons must fi(e a petition for reconsideration zoithin ten calendar days of tlie date the City Clerk mails notice of tlie Cih)'s decision. Reconsideration petitions must comply witli the requirements ofCupertino Mtmicipal Code §2.08.096. Contact the City Clerk's office for more information or go to http://zotozo.cupertino.org/cityclerk for a reconsideratio;n petition form. In compliance with the America;ns r.oith Disabi(ities Act (ADA), anyone who is planning to attend this meet'mg zoho is visua7(y or hearing impaired or has any disability that needs specia( assista;nce shou(d call the City C7erlc's Office at 408-777-3223, at least 48 liours in advance of tlie meeting to arrange for assistance. In addition, upon request, in advance, by a person with a disabilih), meeting agendas and writings distributed for the meeting that are public records will be made availab7e in the appropriate alternative format. Any writings or documents provided to a majority of the Cupertino City Cormcil after publication of the packet zoi77 be made available for public inspection in the City Clerk's Office located at City Ha(1, 10300 Torre Avertue, Cupertino, California 95014, during norma) business hours; and in Covmcil packet archives linked from the agenda/minutes page on the Cupertino web site. IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Mtmicipa'L Code section 2.08.l00written communicatio;ns sent to the Cuperti;no City Council, Commissioners or Ci'ly staff concerning a rnatter on the agenda are included as supplementa7 materia( to the agendized item. These writtert commtmications are accessib(e to the pub(ic through the Citi)'s website and kept in packet archives. Do not include any persona7 or private information in written commtmications to the City that you do not wish to make public, as written communications are considered public records and wit( be made publicly avai7able on the City roebsite. 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=l25 for a reconsideration petition form. .11 iiiiiiiniiniviiiii i i nnuinimaiisi i i*aia--==---===iiiuiii unnuuiiiiiiiniiin iininvi unv* aaa*ii aaaiis aa aa 111111111411 i i. mninui uiiiinvna nxiini iis*i*aas----= l === = nniuniinniia mii iiniinivminaa*aaa iaais* iasisi*i*aaaaaii **aisa+a aai aa COMMUNICATINGWITHCOUNCIL i All Council members: citycouncil@cupertino.org HungWei HWei@cupertino.org (408)777-3139 Sheila Mohan SMohan@cupertino.org (408) 777-1326 LiangChao LiangChao@cupertino.org (408)777-3192 ' J.R. Fruen JRFruen@cupertino.org (408)777-1316 Kitty Moore KMoore@cupertino.org ' (408) 777-1389 Executive Assistant Debran@cupertino.org (408) 777-3212 CityHall www.cupertino.org (408)777-CITY Please note: the City Council discourages submission of written materials on the day of the meetinz 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. ).' _l_i.ii.inn.mnn uuuumuuuuuuuullllllllllllluUuiuivuvuut_tiuunlll0lllkllulllffiallajjajjiiaiiixnniviiumiitiimniuuiniiumnnninuiniuunnii.i.iin.uuiai*ixiiil<as*iiiliiiaiiasaiii II%I0III% llllllllllllllIjlllljlllllallllll41llllllll##### NEWS AND NOTICES FROM CITY HALL t 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 "l 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 NUMBERSI 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 RecologySouthBay (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) 732-3720ISanitarySewers CupertinoSanitary District (408)253-7C171 Water SanJoseWater (408)279-7900 CaliforniaWater (650)917-0152 STAT'- IN-PERSON AND TELECONFERENCE /PUBIIC PARTICIPATION INFORMATION Members of the public wishing to ohserve the meeting may do so in one of the following Wa7S: 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 go in the following ways: I) Appear in person at Cupertino Community Hall. 2) E-mail comments by 4:00p.m. on Tuesday, November 21to 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 i'[:em. Members of the audience who address the C'ity C'ouncil must come to the lectetn/ttucrophone, and are requested to complete a Speaker Card an& identify themselves. % I City Council Agenda Completion of Speaker Cards and identi$ing yourself is voluntary and not required to attend the meeting or provide comments. 3) Teleamfeang hishuctions To adsbess the City Coun click on flie link below to reg'ster in advance and access the meeting: Register in advance for this webinar: httpg://cityofcupertino.zoom.us/webinar/register/WNgpOXwBWbTfy5GHlooj-smQ Phorie Dial: 669-900-6833 and enter Webinar DD: 954 8300 1333 (I'ype '9 to raise hand to speak, *6 to umnute yomself). Unreg'stered partiapants will be called on by fiie last fom digits of their phmie number. Or an HJ231SlP room gystem: H.323: 162.255.37.11 (US West) 162.255.36.II (US East) Meeting ID: 954 8300 1333 SIP: 95483001333@zoomcrc.com Mts registeg, you will receive a confinmation anail amtg information about joining thewebinar. Please read the following :cUons carefully: 1. You can dy download flie teleconference software or mnnect to the meeting in your inteniet bmwser. If ymi are using your bmwser, e sure you are using a curt and up-to-date bmwser: Chrmne 30+, Firefm 27+, Miamoft Edge 12+, Safari 7+. Certain functioaahty may be disabledin older bmwsem, induding IntetnetExplorer. 1 You will be asked to enter an email add and a name, followed by an email with d'ons on how to aimect to the meeting. Your anail addxtass wall not be dosed to the public. If you wish to make an oml public commem but do not wish to pmvide yom namelyoumay enter"Cupert'ioResidait" orgmiilardesignalion. 3. Whai ffie Mayor calb for the item on wbidi yoiu widi to speak, ffidc m "raise hand," or, if you am. caning @ press '9. Speakem wffl be notified diordy bdme they am called to Pay2 C*y Couna Agenda speak. 4. When called, please limiit your remarks to the time allotted and the specffic agenda topic. 5. Members of the public that wish to share a document must email cityc{erk@'cupertiuo.org prior to speaking. These docuu;tents wThll be posted to the City's website after the meeting. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL CLOSED SESSION REPORT CEREMONIAL ITEMS 1. : Reoognition of November 25, 2023 as Small Business Saturday Recommended Action: Recognize November 25, 2023 as Small Business Saturday POSTPONEMENTS AND ORDERS OF THE DAY ORA[ COMNICATIONS This portion r4 the meeting is reseroed fgrpersons hing to address the Cmtnal rm wry mgtttr ufithin the jurisdictimt of the Omtn61 grid notm the agenda for discussim, including infrwmatiomd item;. Thetotal time for Ord Crmmxmications unll ordinarily be Edited to me hover. Ind'midual speakers gre Edited to three (3) minutes. As necessgry, the Omir mgy further Emit the t'tme ad to indMhual speakers, m resdwdule rtngtining catnrnmts to the end of the meeting o'n a fimt e frrst hegrd basis, *th primih) given to students. In most cases, Sktte lava mll prohffiit the Cminal frmn discussing or making any decisions *th resped to g tter not listed on the agenda. A couwlmember mgy, howuer, briefly respond to statments made or quesfirms posed by speakers. A cmimzl mgy also ask a qxiesf for dxrificatim, prm-de g reference fm fachml infmnatirm, reqxust st4 fo repmi badc concerning a matter, m reqxust that gn dm be mlded to a future City Coxm61 agenda in respmse to yntblic comment. CONSENT CALENDAR (Items 2-10) items gppegrtng m the Consent Cakndgwgre rmsidered rmitine City busirxess gnxX mggy be gppmoed by one mofion. Typiml items may include meeting minutes, gmgrds af cmttrad, fhe rguficdinn oJ gamuts pgyMe, gnd second redings 4 md'mgnces. Any merrditr of the Cmnt? regguest to hw ay itm remmed frm the Cmsent (ibdgr bttsed m the ru'ks set fmth in the Cffty Ga7 Procedures MxugL Mmbtrs 4 he pbhc mgy prmide irtput m ane or re amsent riendmr fitens when t7he Mgyor asks @ ymblicmmments m t7he Cmsent Cdgr- %3 OtyCmm'l A@nda Nmm&iet2l, 2023 Mitigation Fee Act - the Annual & F'rve-Year Report for Fisail Year (FY) 2022-2023. (Continued from November 7, 2023) Reamimended Action: Adopt Resolution Nlo- 23-121 entitled 'A Resolution of the aty of Cupertino City Couni appmving the Annua} & Five -Year Mitigation Fee Report forFiscal Year endingJune 30, 2023, and makig required fmdings" to: 1 - Make the requ#ed findings; and 2 - Approve the Annual & Five-Year Mitigation Fee Report for the Fiscal Year ending June 30, 2023, as required by Goveent Code Sedion 66000 et seq. Staff Revort A - Annual & Five-Year Report for FY 2023 B - Draft Resolution : First Amendment to Employment Agreement for ffie City Manager Recommended Action: Adopt Resolution No- 23-120 approving the First Amendment to Employment Agreement with the City Manager for the City of Cupertmo and authome the Mayor to execute the Agreement- Staff Ret+ort A - First Amendment to City Manager Employment Agreement B - Draft Resolution 4. $: ApprovaloftheNovember7CityCouniminutes ReoommendedAction: ApprovetheNovember7CityCouniminutes A - Draft Minutes : Second reading of an ordinana to make minor amendments to Cupertio Muniapal Code Chapter 1.18 (aaims Against the City), Oiapter 9.15 ( ProhMtion of Expanded Polystyrene (EPS) Foam Food Semoe Ware), 9-18 (Stmmwater Pollution Prevention and Watershed Protection), Oiapter 15.04 (Waterworks System-Rates and Charges), and aiapter 16.72 (Regding and Diversion of Cozction and Demolition Waste) Recommended Action: Condud the seamd reading and enad Ordinanoe No. 23-2252 "AN ORDJNANCE OF THE aTY COUNaL OF THE aTY OF CUPHRTJNO AMENDING aTY CODE S 1-18, 9-15, 9.18,15.04, AND 16-72". A - Draft Ordinance : Adopt a resolution inaeasing the employer's amtnThution for mediad and hosption insurance consistent wTh the Public Employees' Medical and Hospital Care Ad ("PEMHCA" or the "Ad') for retired amitts hired with the City of Cupertino prior toAugust 2004. Reended Action: Adopt Resolution No- 23-123ina'easing the employer's mrdribution for medical and hospittian :ce for retired anntts h wa flie City of Cupertino prior to August2004- Pmy4 City Counffl Agaida Nmer21,2023 A - Draft Resolution Employees aitd Annuitants Hired Prior to August 1, 2004 Ratifying Aanunts Payable for ffie periods ending October 6, 2023; October 13, 2023; October 20, 2023; and October 27, 2023 Reaimmended Action: A- Adopt Resolution No- 2'+124 ratifying Aavimts Payable for the Period aiding October 6, 2023; B. Adopt Resolution No- 23-125 ratifying Acoounts Payable for the Period ending October 13, 2023; C. Adopt Resolution No. 23-126 ratifying Acoounts Payatile for the Period ending October20, 2023; and D. Adopt Resolution No- 23-127 ratifying Acoounts Payable for the Period ending Odober 27, 2023 Staff reoort A - Draft Resolution 10.6.23 B - %eekly AP Payment Register for the Period Ending 10.6.23 (:- Draft Resolution 10.13.23 D - ekly AP Payment Regi'ster for the Period Ending 10.13.23 E - Draft Resolution 10.20.23 F - Weekly AP Payment Register for the Period Ending 10.20.23 Cl - Draff Resolution 10.27.23 H - %eekly AP Payment Register for the Period Ending 10.27.23 : Approve a Second Amendment with Acuity Brands, LLC, for continued use of the BuildingOS Energy Management Platform. Recommended Action: Authorize the City Manager to execute a Second Amerxdment with Acuity Brands, LLC, for continued use of the BuidlingOS Eriergy Management Platform, increasing the contract amount by $45,500 for a new total not-to-exceed contract amorint of $227,500 and extending the term of the agreemenf to December 9, 2024. A - Draft Second Amendment B - First Amendment C - Base Agreement with Acuity Brands Technology Services, Inc. 9. l: icrosoft Enterprise Software Licensing Agreement with SoftwareONIE, Inc., for licensing of icrosoft programs, systems, and databases. RecornmendedAction: 1. Authorize the City Manager to execute a Microsoft Enterprise Software Licensirbg Agreement with SoftwareOE., Inc., hitNizig Riverside County's s:tatewjde competitjvely awarded Microsoft EnteyprNse Agreemeryt for licensing of Microsoft pzograrns, systems, and databases for a tofa} amount not to exceed $342,729.23, including a 10%. contingency in the amount $31J57.20'- 2. Find under Munjcipa} Code section 3.22.070(C) that this. pyocturement fro Riverside Cotmty is. exempt 'from formal competitive biddirrg procedures. Page 5 (jty Cmnal Agenda Nmember21, 2m3 A - Licensing Solution Provider Agreement No. PSA-0001530 B - Amendment No. 1 to Agreement No. PSA-0001530 C - Microsoft Volume Licensing Program Agreement D - SoftwareONE, Inc., Year 2 & 3 0uotes E - Insurance Requirements F - Proof of Insurance 10. : Approve master agreemertts with CSG Consiiltants, Inc. and 4Leaf, Inc., to provide construction management services on various Capital Improvement Program (CIP) projects. Recommended Action: 1. Authorize the City Manager to execute a master agreement with CSG Consultants, Inc. (CSG) in the amount not to exceed $500,000 for contract period of two years. 2. Authorize the City Manager to execute a master agreement with 4Leaf, Inc. (4Leaf) in the amotnt not to exceed $500,000 for a contract period of two years. Staff Reoort A - Draft Master Agreement CSG Consultants Inc. B - Draft Master Agreement 4Leaf Inc. PUBLIC HEARIN(,S - None Effective lamiari) 1, 2023, Gmernmtnt Code Section 65103.5 (SB 1214) limits the distrUnttim @ ayptfighted material msociated mth the reim ffdeoekq7rntrtt pr@ects. Members r4the public zxyishing to vim plgns tM cannot otherwise be distrusted under SB 1214 may make an gppoiribnent with the Plgnning Division to view them at City HMl by sending gn mai7 to plannin.org. P{gm *ll also be made mail*le digitdly during khegring to corisider the'prqosal. ACITON CALENDAR 11. : Aaaept The City Manager's First Quarter Financial Report for Fisail Year 2023-24 Pay 6 City Cemnffl Agenda November21l2023 Recornrnended Action: 1- Accept the City Manager's First Quarter F'mancia) Report for Fiscal Year 20i23-24 2. Adopt Resolution o. 23-128 approving Budget odification Nlo- 2324-314, increasing approprjations by $464,384 and revenues by $540,I41 3. Adopt Resolution o. 23-129 amending Cupertirio City Employees' Association /IFPTE Loca} 21 Classification Plan and Salary Schedtile 4. Adopt Resolution FJo. 23-130 amending the Unrepresented Employees Compensation Program 5. Approve new Senior Housing Coordinator and Communications and Marketing Coordinator classifications 6. Receive FY 2023-24 First Quarter City Work Program Dashboard Update 7. Provide direction on potential service level reductions for FY 2024-25 a. Defunding the 4th of July Event in FY 2024-25 b. Defunding Community Grant Funding Program in FY 2024-25 c. Defunding Weed Abatement subsidy of $8,600 annually. Presenters: Kristina Alfaro, Director of Administrative Services and Thomas Leung, Budget Manager A - FY 2023-24 First 0uarter Financial Report B - Draft Resolution C - Description of Carryovers and Adjustments through September 30, 2023 D - Description of Budget Transfers through September 30, 2023 E - First 0uarter Recommended Budget Adjustments F - FY 2022-23 Special Projects Update G - FY 2023-24 First 0uarter Special Projects Update H - FY 2023-24 First Quarter Competitive and Non-Competitive Grants I - CIP Projects Status FY 2023-24 First 0uarter l - FY 2023-24 City Work Prograni First 0riarter Update K - Sr. Horising Coordinator 11-2023 L - Cortuminication and Marketing Coordinator 11-2023 M - Draft Resolution Amending the CBA Local 21 Classification and Salary Plan N - Draft Resolution Amending the Unrepresented Employees' Compensation Prograni COUNaL REPORTS AND COMMENTS 12. $: Counci}member Reports A - Council Reports, Fruen B - Corincil Reports, Mohan C - Corincil Reports, Moore D - Council Reports, Wei CITY MANAGER REPORT ORAt COMMUNIICATIONS - COTIUED Page 7 (jty Counffl Agenda Nmranber2@,2a4 WORMATIpNAL ITEMS Infigrmatim itms gre Mended to prmMe backgrmmd mfimna' gnd rmfine repm'b to Cmiruxlmembers grid the ynd:ilic, mi'flrmut discussim by Cmtnctl- Members d the public zuishing to comment on informatimal items shmtld dnso during oral cornmuraoatirms 13. $: Receive the Treasurer's Iravestment Report for the Quarter Endirhg September 30, 2023 Recommended Action: Receive the Treasurer's Investment Report for the Quarter Ending September 30, 2023 A - Chandler Investment Report September 2023 B - Chandler Custodial Statement September 2023 C - PARS Pension and OPEB Account Statement September 2023 D - LAIF Account Statement September 2023 14. 5: ReabivetheMonthlyTreasurer'shivestmentReportforOdober2023 ReoommendedAction: RemvetheMon$Treasurer'shivestmentReportfor0dober 2023 A - Chandler Investment Report October 2023 15. : Receive the Monthly Treasurer's Report for October 2023 Recommended Action: Receive the Monthly Treasurer's Report for Odober 2023 A - Report of City-wide Receipts, Disbursements, and Cash Balances October 2023 B - Report of City-wide Fund BalancesNet Position October 2023 COUNCIL AND STAFF COMMENTS AND FUTURE AGENDA ffEMS ADJOURNMENT Lnbbyist Registrat grid Repmting Reqxt#ements: IndMdwls who influena.. m dtmpt m 4uence legislative or administratme adim mgy be requrred h) the City of Cupertirui's lobg ord'gutnce (Cupertino Mxmicipal Code Chgpter 2-100) to register grid repmt lobbying m-%-'Persms vnhose cmnmuniccttiom regzdmg cm) le8sldve or admirxistrative we solely limited to ng gt or submitting teshmry @ ttny pubHc me'Hng held bx) the City gre not requ#ed to vegMer gs lobbyists. For mme infmmation dxmt the Inbbying urdce, pleme cmtad fine City aek's Off'ar d 7a300 Tme Avenue, C;no, CA 94107; tekphme (408) 777-3223; ernail 6tyckro-mg; grid vnebsite: mmn.arpertinn.rwgnob%t "e City d Cxtperbo has adqkd the prims r4 Code ff Ciml Proaslure 5105!1-6; X%tdim dm&nging a fimgl de6simri 4 the City Cmtneil must k brmight vith# 90 days 4kr a decision is gttnoum:ed unless g s/wwttr be fis required by State rFederd inn- P'g'8 aly Coun&Agenda Nawanber21, 2023 Prim to seeking judicial rtuim ff my mlfiidicatm) (quasi-judiaal) dem,'mterested persw; must file a pttitim firir recrmsidmtim *thin ten mlendar days d the dgte the City Clerk mgils rmfice 4 the City's decisirm. Reconsiderm'gm pe'Htions must amply vith the requirements rf Cuptdimy Nhmicipal Code §2.08.096- Contgd the City Clerk's rffice /ma mme infmmdim or go to http:/Ivmmo.cuperfim>-mrglatyckrkfrw a recmsideratmn petitim )!o'nn- In cmnpliance *th the Amaericans *th DisMlifies Ad (ADA), myrme who is pn'tng to attend this meeting mho is v4sually gr hegring impaled or has am) disdnlity thm needs special ssistttnce shmild call the City Clerk's Office at 408-777-3223, at least 48 ho'iivs in advmce of the meeting to grrgnge /'or assistmce. In additim, xtpan request, in advance, by a pmm *th a disdnlity, meeting agendas and uitings dishnbuted @ the meeting that gre public records amill be made mmlable in fihe gpprte altermahvefrmiat. Any wiHngs m documents prgoided to a majmih) r4 the Cxiper Cih) (mml afh publication ff the padcet will be made mgilable @ public inspectimi in the City Clerk's Office locmed at Cih) Hall, 10300 Torre Averme, CuperHrm, Califmia 95014, during nonml ksiness hmirs; grgl in Courwil packet grchives linkedfrmn the agtndalmin'i,ttes page my the Cupertino website. IMPORTANT NOTICE: Please be added that pursugnt to Cupertimi Municipi Code secfim 2.08.100 vuritten munirp' sent to the Csqiertino City Cmgial, Crmmissigners m City staff cmctniing a matter rm the agenda are induded as supplemental material to the agendized item. These written commxmi gre accessible to the public through the Cityas voebsite grid kept in packet archives. Do not irwlude my persrmal or private infmtrgdirm in witten cmnmunicafims to the City that you do not rish to make public, as vgritten cmnrmmicatims we crmsidered p'xiblic remds and rill be made publicly myaiMle m the Citi) mrbsite. Page 9 THE W COUNaL AND STAFF aTY €OUNaL Cupertino is a (tneral Law city organized under and subject to statutes of the Ste of California. tt % gowerrbed by the fm-member City Coun61 wmi the Mayor as the presidtng officer. Ctty Coun61 members are sleded at-brge to four-year, overlapping terms. Eadi Novemmr a mayor and a vice-mayor are seleded by the City County) for a one- year term. The aty Coundl reoaives advtai and assistance horn eleven advisory bodies, which are appointed by the Council. vbese are tbe Audtt Oommtttee, Bicyde Pedestnan Commission, Fine Arts Commission, Housfng Comnmnmion, library CommissJon, Parks and Recreation Commission, Planning Commmion, Public Safety Camnmmion, SustainabilityCornmmJon,TeenCommissfon,and Technology,Information,andCommunicatkinsCommmmn. Council members also serve on a wN of regional bodies, induding: - Association of Bay Area Governments - League of Caltfornm CjUes - Santa Clara County (SCC) aties Association - SCC Emergency Preparedness Council - SCC Library Dimid - SCC Emergency Preparedness Commissmn - SantaCIaraValleyWaterCommmionandWaterDistrid - SCCTranspormionAuthoritym - West Valley Mayors and Managers STAFF The City Manager and tm (ity Attorney are appointed by the Council. The City Manager is resporsible for interpreting and apm6n@ outCouncil polmies and d#ection, and as the chief administratme offia=r, the (Ay Manager coordinates the many aeUvtties ofthe cRy and appoints the professional and technial mff. The City Attorney is the advisor to the Oty Council as a whole. TYPES OF COUNCILACnONS ORDIMNCES Ordinances are the meargi by which the (?ty enacts its local laws. Unless an urgent situaUon mats, ommnaz will first be presented at a Council meeting as a "first reading.' At a subsequent Council meeting, there wtU he a "seoond reading and adoptmn-' Omirianas go mto effed after a waging perM of thirty days, in most . dunq whidi time the summary ofttie prdinance is published in a }oail newspaper approved forthis purpoe. RESOLUTK)NS Resolutions arid minute ordss are the means by which the City Council fomially adopts policm or approves specffic actmns. ThesegoNrgtoeffedtwhenadopted. APPEAL' Ariy interested person, [ria:lutfflng a Counall member, may appeal a Planning Corrimssion or Direeior d (un$ Development de6smn to the (dy CourmL Ari appeaff must be submitted in writTing to the City Oerk wn 14 ailendar days ofthe rnaNflng dthe notmz dthe deasmn. REa)NSIDaNfX)N Pnor to seeing judUaR ffiVN!'W of an7 adiudmatory (quas+judicffil) decmon, traterested perSOnS gnust Me a peuum for reaxviderabn wn ten aa)endar days d the date the (ity Ckirk mails notia= of ds aty's am- Reconsideratmn p nnust axnpny wtTh me €rements of CuperUm Muriicipaffl Code §2.0&096- (h The aty Clerk's offloe for more informatim or go to www-http://www-cupertino.org/index.aspx?page-225 hr a reainideratton petUtm hirgn- COMMUNICATING WITH COUNCIL All Council' members: !l'ung Wei. SSeilia Mohan Liang Chao. J.t'l. Fruen Kitty Moore Executive Assista.nt City Hall citycounc+l@cupertino.org HWei@cupertino.org SMohan@cupertino.org LiarigChao@cupertino.org JRFruen@cupertino.org KMoore@cupertino.org Debrari@cupertino.org www.cupertino.org 441D8), 777-3239 qA018:) 777 -2326. {aD8.} 777-3292 (1A€?8.) 77743!6 (41D8) 777-2389 (408) 777-32Th2 (4)8) 777-C)TY Please nott+: th.e City Courncf) dliscoura'ges submission of written materials on ttye da.y of tie rnesing ,75 t)iis d'oes not pvovlde enough tirrhe xo give the materials fair evafuatiori. If you must provide writterx rriia:teriaRs on the day of the rneetin.g, as least one copy rnu'st he given to the (Ay Cl'erk for the permanent record, and. teri copies are preferredl. NEWS AND NOTICES FROM CITY HAIL EMAIL Sign u.p for e-notification of agendas, elections, and other news on the city website at www.cupertino.org/notify TELEVISION The City Channel' broad'casts COty Councii and Planning Commission meetings, as ellll as. agenda previews, public service anriouncernents, arid other programs of community interest, on Channel 26 in Cupertino. The meettrigs are shown at these times: Tuesday (live) 6:45 p.m. Thursday (replay) 7:00 p.m. INTERNET City Council and Piannirig Commission videos are avaitabte on demand at www.cupertin.o.org. Select "J Want To, Vi.ew City Councili meetings"'. Friday(replay) IO:OOa.rn. Saturday (reptay) 9:00a.rri. News and community information can also be found at: https://www.facebook.com/cityofcupertino/ https://twttter.corn/CityofCupertino https://www.instagrarrx.com/ci:tyofcupertino AUDIO Turie into Radio Cu:pertino, 1670 AM, for meeting anriouncements, public service rnessa.ges, and emergency an nou.ncernents. USEFUI TELEPHONE NuMBERS CifyofCupertino ICrty!l'al:l') Fire (Emergen.cy) Fire dNon-Emergency ) Garbage' G.as & Electrfcity Recreat0on: & Comrniunity Servtces Poliice (Emergency) Pollice (Won-E.ergency) Pu.bl:ic H'ea:lmh Sanifa:ry Seers Water Generail Information arid Comments Sa.nta Clara Courhty Fire Dept. dispatch Santa Clara County Fire Dept. Recol'ogy South Bay Pacific Gas & EJectric (PGgiE) Quinl'an Corrirriuntty Certter Santa Clara County Stieriff dispatch Santa C)a.ra Couinty Sheriff San:ta Cliara Courity Publlic Health Cuipertin:o Sanitary [)fstrtct Sairi. Jiose Water Cal'iforma %#ater (408) 777-C}TY 921 (A1]18.) 378.4)10 (41018)i 725-41D201 i-8DD-7 A3-50DO (Q8) 777 -3120 921 440!') 253-7 €l71t STATE OF CALIFORN[A CITY OF NOTTCE AND CALL FOR A SPEaAL MEEG OF THE CUPERIINO aTY COUNaL NOTICE IS HEREBY GIVEN that a special meeting of the Cuperfino City Council is hereby called for Monday, November 20, 2023, commencing at 5:30 p.m. in City Ham, Conference Room C, 10300 Torre Avenue, Cupertino, California 95014. Said speaal meeting shaJl be for the purpose of coriductjng business on the subiect matters listed below under the heading, "Specia} Meeting." SPECIAL MEETING ROLL CALL a,OSED SESSION $: Conference with legal counsel - existing litigation pursuant to Government Code 83 54956.9(City of Cupertino v. California Department of Tax & Fee Administration) ADJO 'LnbbyL>t Registration and Rqmting Requirmtnts: IndMduals who influerwe 01' attmpt to influence le@>lahe or mlministrdhve ac' mgy be reqxiired by the City ff Cwperfino's kibbying mdinance (Cuper Municipi Code Chapter 2-100) to register grid rqmrt lobg admity. Pemms whose cmununicgtions regardtng gny legL>Mme or administrative re solely Edited to gppegring at or submiffing tes'Hmmty @ my public meeting hem by the City gre not requ'md to regis'kr gs lobbyists. Fg more i'tim t the lobbying m@narxrz, please cmtad the C'dy Cierk's Office gt Ia300 Tme Amzue, Cwperhw, CA 94107; telephone (408) 777-3223; emd atyckrk@atptrtino.mg; gnd wdsite: ummn.euperti'nn.ovgllnbt. The City of Cupertino hm add the prmMms ff Code r4 (5ml Procedure §1094-6; litigation chanenging a frnal decisim of the City Co'uncil mxist k ght hm 90days @er a decision is gt xi'nles a shmbw t is reqttired by State or Fedtri Igtn- ffl'agel €3kyDmmdl A@nda November20, 2023 Prim to sedang judicial rmetn of my mljudicatory (quasi-judicial) decisim, interested persmts must fHe g pditirm fm recomiderafim *thin ten cakndgr days ff the date the City Clerk mat's notix ryf the City's de*imt- Reconsideratton pdis must mriply *'h the requirmtnts of Cupertiw Municipal Code §2.08.096. Cgntact the City aerFs for mryre infmmatirm m go to http:llwmtn.cupertino.mglc%c[erkfim ffi remmiderghon petit fom. In cmrtp{'Lance vith the Amerirmm mth Disabilities Ad (ADA), anyme who is planning to attend this meeting who is *wlly or hegring;4m@red or % gml digbility tM needs special assistance should 6dl the CityCl#k's Officeat408-777-322'J,iliast48hnurs in advanceofthe meeting to mvgnge @ assistmce. bt additign, upm reqxust, in adwnce, by g perwn uyith a disabfli'hl, meeting agendas md w-tings distnbuted )'or the meeting that are public records *ll be made maflable in the gpprrate altmahefmmat. Any wibgs m documtnb prmukd to a mgjgrity ff the Cupertino City Cmtnctl after pb(icatim ff the padffl ill k made available @ publL iedim'm the Cihj Clerk's Office located at City Hall, 10300 Tme Avenue, Cuperuno, Cal@niia 95014, during riormal business hmtrs; and in Cmincil packet grdtives linked frmn the agendalminutes page on the Cupertmo voeb site. IMPORTAMI' NOTICE: Please be advised that pursugnt to Cupertino Municipal Code sectim 2.08.100 vmitttn aymmunicatiuns sent to the Cxrpertino City Cgunal, Cmnmissioners m Cih) staff coricerning a matter 071 the agtnda we induded m sxtpp/tiental material to the agendized itm. These w-tten oommunicatimzs gre accesshle to the public thrrmgh the City's website a'nd kept in packet archives. Do not indxtde guy persmud m private in@mgtirm in witten communicatiom, to Uxe City that ymt do not h to make public, as wriutn ammuiaiti are cm'sidtred public recmds and ill be made publicly available rm the Cihl wbsite. 2 CUPERTINO (')" a Ci " ' ! i-i ( ' i- (,- 't/"t l : l uesday Non-Televised Special 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 Tuesday, November 14, 2023, commencing at 6:00 p.m. in Cupertino Library, Room 101, 10800 Torre Avenue, Cupertino, California 95014. Said special meeting shall be for the putpose of conducting business on the subject matters listed below under the heading, "Special Meeting." ROLL CALL COUNCIL WORKSHOP SPECIAL MEETING 1.$: City Coincil Governance Workshop Recommended Action: Receive and discuss presentation regarding City Council govemance ADJOURNMENT Lobbyist Registration and Reporting Requiremerxts: Individuals roho influence or attempt to'mfluence Legislative or administrative action may be required by the City of Cupertino's lobbying ordinance (Cupertino Mtmicipal Code Chapter 2.100) to register and report lobbying activity. Persons zohose commtutications regarding any legislative or administrative are solely 7imited to appearing at or submitting testimony for (!773/ public meeting herd by the City are not required to register as lobbyists. For more information about the lobbyirxg ordinance, please contact the City Clerk's Office at 10300 Torre Avemte, Cupert'mo, CA 94107; te7ephone (408) 777-3223; email cityclerk@cupertino.org; artd zoebsite: www.cupertino.org/lobbyist. The Cih) of Cupertiryo has adopted the provisions of Code of Civi) Procedure §1094.6; Iitigatiort challenging a final decisiort of the Cih) Cormci7 must be brought zoithin 90 days after a decision is announced unless a shorter time is required by State or Federa7 law. Page 1 City Council Agenda November 14, 2023 Prior to seeking judicial reviero of any adjudicatory (quasi-judicial) decision, irxterested persons must fire a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City's decisiort. Reconsideration petitions must comp(y with the requiremertts of Cupertino Municipa7 Code §2.08.096. Contact the Cih) Clerk's office for more information or go to http://www.cupertino.orglcih)clerk for a reconsideration petition form. 77? compliance zoith the Americans zoith Disabilities Act (ADA), anyone zoho is plartning to attend this meeting who is visually or hearirtg impaired or has any disability that needs special assistance should call the City C(erk's Office at 408-777-3223, at least 48 hours in advance of the meeting to arrange for assistance. by addition, upon request, in advance, by a person zoith a disab'dity, meeting agendas arid writings distributed for the meeting that are public records wi(( be made ava'dable in the appropriate alternative format. Any zorit'mgs or documents provided to a majority of the Cupertino City Cou;ncil after publication oj the paclcet wi7l be made available for public inspectiori in the Cih) Clerk's Office Located at City Hail I0300 Torre Avenue, Cupertino, California 95014, during normal busirtess hours; and irt Council packet archives Ii;nked from the agenda/mirtutes page on the Cupertino'eoeb site. IMPORTANT NOTICE: Please be advised that pursuant to Cupertino AAtmicipa( Code section 2.08.100 written comrmmications sent to the Cupertino City Cormcil, Commissioners or City staff concer;h'mg a matter on the agenda are inchtded as supplemental material to the age'ndized item. These zoritten commurtications are accessible to the public through the City's website and kept'm packet archives. Do not irtclude any persona7 or private irtformation i;t written commut'ticatiorts to the City that you do not wish to make public, as zoritten communications are considered public records and will be made publicly available on the Cih) website. Page 2 STATE OF CALIFORi4A Televised Special Meeting (5:30) and Rg"ul"ar" Aity Council Meeting (6:45) s'XG'lXJATUr<B CtlPERTINO IN-PERSON AND TELECONFERENCE / PUBLIC PARTICIPATION INFORMATION Members of the public wishing to observe the meeting may do so in one of the followingways: 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 thefollowing ways: 1) Appear in person at Cupertino Community Hall. 2) E-mail comments by 4:00p.m. on Tuesday, November 7to the Council atcitycouncil@cupertino.org. These e-mail comments will also be forwarded toCouncilmembers by the City Clerk's office before the meeting and posted to the City'swebsite 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 madeduring "oral communications" for matters not on the agenda, and during the publiccomment period for each agenda item. Oral public comments may be made during the public comment period for each agendaitem. Members of the audience who address the City Council must come to thelectern/mxcrophone, and are requested to complete a Speaker Card and identify themselves. Page 1 CityCouncil Agenda November7,2023 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/WNav416LhKR4er6ABE5WYENA Phone Dial: 669-900-6833 and enter Webinar ID: 967 5357 4342 (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: 967 5357 4342 SIP: 96753574342@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 aty Council Agenda November 7, 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 be posted to the City's website after the meeting. NOTICE AND CAI.,L FOR A SPECIAt MEETING OF THE CUPERTINO CITY COUNCIL NOTICE IS HEREBY GIVEN that a special meeting of the Cupertino City Council is hereby called for Tuesday, November 07, 2023, commencing at 5:30p.m. in Community Hall Council Chamber, 10350 Torre Avertue, 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 CAtL - 5:30 PM ACTION CAtENDAR 1.Approve the Tentative Agreement revising the salary and benefits terms of the Memorandim of Understanding (MOU) for the Cupertino City Employees' Association (CEA)/IFPTE Local 21 for the term of July 1, 2022 through June 30, 2025. Recommended Action: 1. Adopt the Resolution 23-114 approving the Tentative Agreement between the City of Cupertino and Cupertino City Employees' Association (CEA)/IFPTE Local 21; and 2. Approve the corresponding Salary Schedule for CEA employees effective July 1,2023. Presenter: Kristina Alfaro, Director of Administrative Services A - CEA signed Tentative Agreement(Exhibit A) B - Draft Resolution C - CEA Salary Scliedrile 2.: Approve the Tentative Agreement revising salary and benefits terms of the Memorandun of Understanding (MOU) for the Operating Engineers Local No. 3 Union, AFL-CIO (OE3) for the term of July 1, 2022 through June 30, 2025. RecommendedAction: 1. Adopt Resolution 23-115 approving the Tentative Agreement between the Operating Engineers Local No. 3 Union, AFL-CIO (OE3); and 2. Approve the corresponding Salary Schedile for OE3 employees effective July 1,2023. Presenter: Kristina Alfaro, Director of Administrative Services Page 3 City Council Agenda November 7, 2023 A - OE3 signed Tentative .%reement (Exlubit A) B - Draft Resolution C - OE3 Salary Schedule 3.Approve and update the health benefits for Elected Officials' Compensation Program Recommended Action: Adopt Resolution No. 23-II6 revising the health benefits for the Elected Officials' Compensation Program effective July 1, 2023 Presenter: Kristina Alfaro, Director of Administrative Services A - Elected Officials' Compensation Program - Clean (Exhibit A) B - Elected Officials' Compensation Program - Redline C - Draft Resolution ADJOURNMENT REGULAR MEETING CALL TO ORDER - 6:45 PM PtEDGE OF ALI,EGIANCE ROL[ CAI,I, CLOSED SESSION REPORT CEREMONIAI., ITEMS 1.$: Proclamation recognizing November 12-18, 2023 as United Against Hate Week Recommended Action: Present proclamation recognizing November 12-18, 2023 as United Against Hate Week A - Proclan"iation 2. POSTPONEMENTS AND ORDERS OF THE DAY ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wisliing to address the Counci7 on any matter within the jurisdiction of the Cotmci7 and not on the agenda for discussion, inchtding informational items. T7'l(' tota7 time for Oral Comyntozications will ordinarily be Limited to one hour. IndividuaL speakers are (imited to three (3) minutes. As necessary, the Chair mrty fi.trther liynit the time allowed to individual P%e 4 City Council Agenda November 7, 2023 speakers, or reschedtde rema'ming comments to the end of the meeting 07? a first coyrte first heard basis, with priority given to studertts. by most cases, State law wirl prohibit t'lie Council from discussing or making any decisions with respect to a inatter not {isted on the agenda. A councilmember inay, however, briefly respond to statements made or questions posed by speakers. A counci7member may also ask a question for clarification, provide ci reference for factual information, request staff to report back concerning a matter, or request that an item be added to a future City Counci( agenda in response to public comment. CONSENT CALENDAR (Items 3-11) Items appearing on the Consertt Calendar are considered routine City business and may be approved by one motion. Typical items may include meeting minutes, azoards of contracts, the ratification of ctccovmts payable, and second readings of ordinances. Arty member of the Counci[ may request to have an item removed from tlie Consent Calendar based on the rules set forth in the City Counci7 Procedures Manual. Members of the public may provide input on one or more consertt calendar items w7"ten the Mayor asks for public comments on the Consent Calendar. 3, : Approval of the October 10 City Council minutes Recornrnended Action: Approve the October 10 City Council minutes A - Draft Minutes 4. : Approval of the October 17 City Council minutes Recommended Action: Approve the October 17 City Council minutes A - Draft Minutes 5.: Setting a hearing date on January 17, 2024 to declare a public nuisance (from weeds) and to consider objections for proposed removal; declaring properties as having potential fire hazards from weeds or other potential nuisances for the Cupertino Weed Abatement Program Recommended Action: Adopt Resolution No. 23-117 declaring properties as having potential fire hazards from weeds or other potential nuisances and set hearing on January 17, 2024 to declare a public nuisance and to consider objections for proposed removal Staff Report A - Draft Resolution and Exlnbit A B - Cupertino Commencement Report (Exhibit A) 6. : Approve and update the salary and benefits for the Unrepresented (Management and Confidential) Employees and Appointed Employees. Page 5 City Council Agenda November 7, 2023 RecornmendedAction: 1. Adopt Resolrit-ion No. 23-118 revising the Compensation Program and salary schedules for the Unrepresented (Management and Confidential) Employees effective July 1, 2023; 2. Adopt Re,solution No. 23-119 revising the Compensation Program for the Appointed Employees effective }uly 1, 2023; and 3. Approve salary realignment for the classification of Environmental Program Manager to Transportation Manager and Capital Improvement Programs Manager A - Unrepresented Comp Program - Clean (Exlubit B) B - Unrepresented Comp Program - Redline C - Appointed Comp Program- Clean (Exl"iibit A) D - Appointed Comp Program- Redline E - Draft Resohition antending the Appointed and Unrepresented Employees' Compensation Programs : Amendment to Employment Agreement for the City Manager Recommended Action: Adopt Resolution No. 23420 approving the First Amendment to Employment Agreement with the City Manager for the City of Cupertino and authorize the Mayor to execute the Agreement Staff Report A - First Amendment to City Manager Employment Agreement $: Law Enforcement Contract Extension with the County of Santa Clara Sheriff's Office Recommended Action: Authorize the City Manager to extend the existing law enforcement contract with the Corinty of Santa Clara Sheriff's Office for five years, from July 1, 2024, through July l, 2029, and amend the terms of the agreement as needed during the extension Staff Report A - 14-127 Law Enforcement Contract with the Coruity of Santa Clara B - Draft Letter to Extend the Law Enforcement Contract Approve a Fourth Amendment to the recreation agreement with Snapology of Los Gatos dba SV Kids Corp for Enrichment STEAM Programs. Recornrnended Action: Authorize the City Manager to execute a Fourth Amendment to the recreation agreement with Snapology of Los Gatos dba SV Kids Corp (Snapology), increasing the amount by $190,105 for a total contract amoint not to exceed $341,105 and extending the term of the agreement to August 31, 2026. A - Snapology Agreement, First, Second, and Third Amendments B - Draft Forirth Amendment 10. : Hingry Jacks Corporation (Blue Pheasant) lease agreement, 22100 Stevens Creek Borilevard, Cupertino, CA 95014. Page 6 City Counciluncil Agenda November 7, 2023 Recommended Action: Authorize the City Manager to execute a two-year lease agreement with three optional one-year options to extend with Hingry Jacks Corporation for 22100 Stevens Creek Boulevard, Cupertino, CA 95014 (Blue Pheasant) A - Vicinty Map B - Draft Blue Pheasant Lease 11. : Mitigation Fee Act - an Annual & Five-Year Report for Fiscal Year (FY) 2022-2023. Recommended Action: Adopt Resohition No. 23-121 entitled "A Resolution of the City of Cupertino City Council approving the Annual & Five -Year Mitigation Fee Report for Fiscal Year ending June 30, 2023 and making reqiired findings" to: 1. Make the required findings; and 2. Approve the Annual & Five-Year Mitigation Fee Report for the Fiscal Year ending June 30, 2023, as required by Governrnent Code Section 66000 et seq. A - Aruiual & Five-Year Report for FY 2023 B - Draft Resolution PUBLIC HEARINGS - None Effective Januctry 1, 2023, Government Code Section 65103.5 (SB 1214) limits the distribution ofcopyrighted material associated with the reviezo of development projects. Members of the public wis/x'mg to viezo plans that cannot otherwise be distributed vmder SB 1214 may make an appointment with the Plawing Division to viezo them at Cih) Ha(7 by send'mg an email to p7ctming@cupertino.org. Planszoiu also be made ava'dctbLe digitauy during the hearing to consider the proposaL ACTION CALENDAR 12. : Minor Amendments to Cupertino Municipal Code Chapter 1.18 (Claims Against the City), Chapter 9.15 (Prohibition of Expanded Polystyrene (EPS) Foam Food Service Ware), 9.18 (Stormwater Pollution Prevention and Watershed Protection), Chapter 15.04 (Waterworks System-Rates and Charges), and Chapter 16.72 (Recycling and Diversion of Construction and Demolition Waste). Recommended Action: Conduct the first reading of Ordinance No. 23-2252: "An Ordinance of the City Council of the City of Cupertino Amending City Code Chapters 1.18, 9.15, 9.18, 15.04, axid 16.72." Presenter: Christopher Jensen, City Attorney Staff Retiort A - Draft Ordinance B - Redline of proposed Municipal Code aniendments 13. : Adoption of Code of Ethics and Conduct for Elected and Appointed Officials Page 7 City Council Agenda November 7 2023 Recommended Action: Adopt Resolution No. 23-122 adopting the City of Cupertino Code of Ethics and Conduct for Elected and Appointed Official and rescinding the current Ethics Policy Presenter: Christopher Jensen, City Attorney A - Resolution No. 20-011 (Adopting the City of Cupertino Ethics Policy) B - Resolution No. 18-115 (Adopting the City of Cupertino Code of Ethics and Conduct for Elected and Appointed Officials) C - Civil Grand Jury Report, "A House Divided: Cupertino City Corincil and Staff" D - Fact-Finding Report E - Enterprise Leadership Assessment F - Redline of 2018 Etlncs Code (J - Draft Resolution 14. : To Be Determined list ("TBD List") of agenda items requested by City Councilmembers Recommended Action: Review the TBD List and modify the list as recommended below Presenter: Pamela Wu, City Manager Staff Report COUNCI[ REPORTS AND COMMENTS 15. : Councilmember Reports A - Council Reports, Fruen B - Corincil Reports, Mohan C - Council Reports, Moore D - Council Reports, Wei CITY MANAGER REPORT ORAL COMMUNICATIONS - CONTINUED INFORMATIONAL ITEMS Information items are intended to provide backgrovmd i;riformation a;nd routine reports to Cotmcilmembers rmd the pub(ic, without discussioyi by Coymci7. Members of the public wishing to comment on informatioryal items shouU do so during ora7 comwmications 16. $: Stevens Creek Boilevard/Calabazas Creek Storm Drain Repair Emergency Work status report Recommended Action: Receive the Stevens Creek Boulevard/Calabazas Creek Storm Drain Repair Emergency Work stahis report Informational Memorandum Page 8 City Council Agenda November 7, 2023 17. : Update on activities of the Cupertino Sanitary District Recommended Action: Receive the update on activities of the Cupertino Sanitary District Informational Memorandum 18. : Update and Status regarding Lehigh Cement Plant and Quarry Recommended Action: Receive the update and status regarding Lehigh Cement Plant and Quarry !nformational Memorandum 19. : Information regarding hybrid options for commission meetings Recornrnended Action: Receive the information regarding hybrid options for commission meetings Informational Memorandum A - MenlO Re BrOWn ACt aIaeleconference Arnendlnents COUNCIL AND ST AFF COMMENTS AND FUTURE AGENDA ITEMS ADJOURNMENT Lobbyist Registration and Reporting Requirements: Individuals who influertce or attempt to influence legislative or admi;nistrative action ynay be required by the Cih) of Cupertino's lobbying ordinance (Cupertino Municipal Code Chapter 2.100) to register and report lobbyi;ng activity. Persons whose commtmications regarding ashy legislative or administrative are solely Limited to appearing at or submitting testimony for any public meeting held by the Cih) are not required to register as lobbyists. For more informcttion ctbout the lobbying ordinance, please coyitact the Cih) Clerk's Office at 10300 Torre Avenue, Cupertino, CA 94107; teleplione (408) 777-3223; email cityclerk@cupertino.org; and website: www.cupertino.orgl(obbyist. The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6; litigcttion challenging a fi;nal decision of the City Council must be brought within 90 days after a decision is a;nnoymced vtrdess a shorter time is req'ttired by State or Federa7 Law. Prior to seeking judicictl reviero of aiiy adjudicatory (quasi-judicial) decisioyi, interested persons must file a petition for reconsideration within ten calendar days of the date t7ie City Clerk mails notice of the City's decision. Reconsidercthon petitions must comply with the requiremertts of Cupertirio Municipa7 Code §2.08.096. Coyitact tJie City Clerk's office for more informrttion or go to http://www.cupertino.org/cih)clerk for a reconsideratxon petition form. In compliance with the Americctrts with Disabilities Act (ADA), rtnyone who is plctnning to cttte;nd this meeting zoho is visually or hearing impaired or licts ctrty disabiLih) t7iat needs special assistartce should cctL7 the City Clerk's Office at 408-777-3223, at least 48 hours in advrtnce of the meeting to arrange for Page 9 CityCouncil Agenda November7,2023 cissistance. In addition, upon request, m advance, by a person zoith a disability, meeting agertdas and writirtgs distributed for t7ie meeting t/xrtt are public records zoill be made available in the appropriate alternative format. Any writings or documents provided to a majority of the Cr.tpertino City Counci( after publication of the packet will be made availctble for pubdic inspection in the City Clerk's Office located at City Hall, 10300 Torre Avenue, Cupertino, Ca(ifornia 95014, during normal business hours; and in Council packet archives (inked from the ctgenda/minutes page (77? the Cupert'mo web site. IMPORTANT NOTICE: Please be ctdvised that pursuant to Cupertino Mtmicipa7 Code section 2.08.10C) written communicatiorxs serit to the Cupertino City Cormcil, Commissioners or City staff concerning a matter on the agertda are i;nc7ytded as supp7ementa7 material to the ctgendized item. Tliese writtert communications are accessible to tlie public tliroug/i the City's website and lcept in packet arcliives. Do not include any personcd or private information in written communicatio;ns to t7ie Citi) that you do not wish to make public, as written communications are considered public records rind zoiL7 be made publicly available 07'! the City website. Page 10 THECITYCOUNCIL ANDSTAFF 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, Firie 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=l25 for a reconsideration petition form. COMMuNICATING WITH COUNCIL All Council members: citycouncil@cupertino.org HungWei HWei@cupertino.org (408)777-3139 Sheila Mohan SMohan@cupertino.org (408) 777-1326 LiangChao LiangChao@cupertino.org (408)777-3192 J.R. Fruen JRFruen@cupertino.org (408)777-1316 Kitty Moore KMoore@cupertino.org (408) 777-1389 Executive Assistant Debran@cupertino.org (408) 777-3212 CityHall 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 riot 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 CITI 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/cityofcupert:no https://www.instagram.com/cityofcupertino AUDIO Tune into Radio Cupertino, 1670 AM, for meeting announcements, public service messages, and emergency announcements. USEFULTELEPHONENUMBERS j City of Cupertino (City Hall) General Information and Comments (408) 777-CITY Fire (Emergency) Santa Clara County Fire Dipt. dispatch 911 Fire (Non-Emergency ) Santa Clara County Fire Dept. (408) 378-4010 ' Garbage RecologySouthBay (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 SanitarySewers CupertinoSanitary District (408)253-70;'1 Water SanJoseWater (408)279-7900 CaliforniaWater (650)917-0152 .. .......,...... ,,. ........,,.,.... ........-..........................,.,,...,....,.,.,.....,..,,,..,..,.,......-........ ........ ...... ...... ..........,....,.,..,......,,...,.......,........ .................. ...........................,....,..... CUPERTINO STATE OF CALIFORN[A b:ooOMLLET[N B0ARL3 Non-Televised Special lvat";'l(losed Session) NOTICE AND CA[t FOR A SPECIA[ MEETING OF THE CUPERTINO CITY COUNCIL NOTICE IS HEREBY GIVEN that a special meeting of the Cupertino City Council is herebycalled for Wednesday, October 25, 2023, commencing at 6:00 p.m. in City Hall, Conference Room C, 10300 Torre Avenue, Cupertino, California 95014. Said special meeting shall be forthe purpose of conducting business on the subject matters listed below under the heading,"Special Meeting." SPECIAI MEETING ROLL CA[I., CLOSED SESSION 1. : Conference with Labor Negotiators pursuant to Government Code § 54957.6(Kristina Alfaro and Christopher Boucher) 2. : Conference with legal counsel - initiation of litigation pursuant to Government Code § 54956.9(c) (City of Cupertino v. California Department of Tax & FeeAdministration) ADJOURNMENT Lobbyist Registrcition and Reporting Requireynents: Individuals who influence or attempt to'mfluencelegislative or administrative action may be required by the City of Cupertino's (obbying ordimmce(Cupertino Mtmicipa( Code Chapter 2.100) to register and report lobbying activity. Persons whosecommxmications regarding any legislative or administrative are solely Limited to appearing at orsubmitting testimony for any public meeting held by tlie Cih) are not required to register as lobbyists.For more information abox.tt tlie lobbying ordinance, please contact the Cih) C(erk's Office at 10300Torre Avenue, Cupertino, CA 94107; telephone (408) 777-3223; einai7 cityclerk@cupertino.org; andwebsite: www.cupertino.org/lobbyist. Page I City Council Agenda October 25, 2023 The City of Cupertino has adopted the provisions of Code of Civir Procedure §1094.6; litigation challenging a final decision of the Cih) Covmcil 7nust be brought within 90 days after a decision is aymounced unless a shorter time is required by State or Federal law. Prior to seeking judicial review of any adjudicatory (quasi-judicictl) decision, interested persons must fire a petition for reconsideration within ten calendar days of the date the City C(erk mcti(s notice of the City's decision. Reconsiderahon petitions nmst comply witJi tTie requirements of Cupertino Municipal Code §2.08.096. Contctct tlie Cih) Clerk's office for more information or go to http:/hozow.cxiperti;no.org/cityc[erk for a reconsideration petition form. In compliance with the Americans voith Disaliilities Act (ADA), ctnyone ztdzo is planning to attend this meeti;ng who is visually or 7iearing impaired or has any disctbi(iti) that needs special assistance shotdd cau the Citi) Clerk's Office at 408-777-3223, at Feast 48 hours in advance of the meeting to arrange for assistance. Irt addition, upon request, in advance, by a person zoith a disability, meeti;ng agendas and writings distributed for the meeting that are public records will be made available in the ctppropriate alternative format. Ayiy writings or documents pmvided to ct innjority of tlie Cupertino Citi) Covmcil after pubtication of the packet will be made avctilable for public inspection in tlie Citi) Clerk's Office Located at Cih) Hall, 10300 Torre Avenue, Cupertino, California 95014, during normal business )'xoyirs; and in Council packet archives linked from the agenda/minutes page on the Cuperti;no web site. IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Mtmicipar Code section 2.08.l00written coynmvmicatio;ns sent to t7ie Cupertino City Comci(, Commissioners or City staff concerning a matter 072 the ctgenda are inchtded as supp(emental material to the agendized item. T)iese zoritten comriumications are accessib(e to the public througli the Cih)'s zoebsite and kept in packet archives. Do not include any personal or private irtformation in zoritten commtmications to the Cifi) that you do not wish to malce public, as zoritten commtmications are considered pr.tb(ic records rind will be made pubticly availaMe on the Cih) zoebsite. Page 2 CUPERTINO CITY CQpN-(aIk'l :pHAp C.ii DATE SNGINA-f'URETelevised Special Meeting (5:30) and Regular City Council Meeting (6:45) 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 Commuruty 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 Uhe 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 4:00p.m. on Tuesday, October 17to 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. Page I CityCouncil Agenda Octoberl7,2023 Completion of Speaker Cards and identifying yourself is volunta:ty 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: amine Register in advance for this webinar: https://cityofcupertino.zoom.us/webinar/register/WNt2gQxXwTxCduFnpfeDbMA Phone Dial: 669-900-6833 and enter Webinar ID: 944 1370 3847 (Type '9 to raise hand to speak, *6 to unmute yourself). Uriregistered 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: 944 1370 3847 SIP: 94413703847@zoomcrc.com After registering, you wall 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 October 17, 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 be posted to the City's website after the meeting. NOTICE AND CAIL FOR A SPECIA[ MEETING OF THE CUPERTINO CITY COUNCIL NOTICE IS HEREBY GIVEN that a special meeting of the Cupertino City Council is hereby called for Tuesday, October 17, 2023, commencing at 5:30 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." SPECIAt MEETING ROLL CALL - 5:30 PM ACTION CAtENDAR 1.Approval of Joint Powers Agreement to establish tlie Cities Association of Santa Clara Count Joint Powers Agency Recommended Action: 1. Approve tlie proposed Joint Powers Agreement ("JPA 2. Delegate autliority to the City Coincil's Cities Association of Santa Clara County CASCC") Board representative to report approval of the JPA at the CASCC Board of Directors ("CASCC Board") Meeting 3. Authorize the City Manager to execute the JPA Presenter: Christopher Jensen, City Attorney A - Cities Association of Santa Clara Corinty Adnistration Agreement B - Cities Association of Santa Clara County Bylaws C - Proposed Joint Powers Agreement ADJOURNMENT REGULAR MEETING CALL TO ORDER - 6:45 PM PLEDGE OF ALt.EGIANCE ROLL CA[L Page 3 City Council Agenda October 17, 2023 Cu.,OSED SESSION REPORT CEREMONIAJL ITEMS 1. : Recognition of October as Domestic Violence Awareness Month Recommended Action: Recognize October as Domestic Violence Awareness Month POSTPONEMENTS AND ORDERS OF THE DAY ORAt COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the Cou'ncil on any matter within the jurisdiction of Uie Counci7 and not on the agenda for discussion, induding ir4oryy;iationa7 items. The total time for Oral Communications wi(( ord'mar'dy be (imited to one hour. Individual spertkers are limited to three (3) minutes. As necessary, the Chair may ft.trther limit the time a7(owed to individua{ speakers, or rescliedu(e remaining comn;ients to the end of the meeting on a first come first heard basis, zoith priority given to students. In most cases, State Law wig{ proJiibit t7ie Coxmci( from discussing or mak'mg arty decisions wit7x respect to a matter not listed 072 the ctgenda. A cormcilmember may, liozoever, briefly respond to statements made or questioyis posed by speakers. A counci7member may a7so ask a questioyi for clarification, provide rt reference for factua7 information, request staff to report back concerning a mattey: or request that /77? item be t'tdded to a fixture Cih) Co;imcil agenda in respo'i'xse to public coynment. CONSENT CALENDAR (Items 2-6) Items appear'mg on the Consent Calendar are coiisidered routine Cih) bx.tsiyiess and may be approved by one motion. Typical items may inclttde meeting minutes, awards of contracts, the ratification of accounts payab(e, and second readings of ordinances. Arty member of the Council may request to hme an iteyn reinoved froin the Consertt Calendar based on the rules set forth iyi the City Cozmcil Procedures MamtaL Members of tlie pub(ic mrty provide izzput 07? one or more consent calendar items zul'xen t7ie Mayor asks for public comments on the Consent Calendar. 2. : Ratifying Accounts Payable for the periods ending September 1, 2023; September 8, 2023; September 15, 2023; September 22, 2023; and September 29, 2023 Page 4 City Council Agenda 0ctober 17, 2023 Recommended Action: A. Adopt Resolution No. 23-108 ratifying Accounts Payable for the Period ending September 1, 2023; B. Adopt Resolution No. 23-109 ratifying Accounts Payable for the Period ending September 8, 2023; C. Adopt Resolution No. 23-110 ratifying Accotnts Payable for the Period ending September 15, 2023; D. Adopt Resolution No. 23-111 ratifying Accounts Payable for the Period ending September 22, 2023; and E. 23-112 ratifying Accounts Payable for the Period endingE. Adopt Resolution No. 23-112 ratifying Accour September 28, 2023 A - Draft Resolution 9.1.23 B - Weekly AP Payment Register for the Period Ending 9.1.23 C - Draft Resolution 9.8.23 D - Weekly AP Payment Register for the Period Ending 9.8.23 E - Draft Resolution 9.15.23 F - Weekly AP Payment Register for tlie Period Ending 9.15.23 G - Draft Resolution 9.22.23 H - Weekly AP Payment Register for the Period Ending 9.22.23 I - Draft Resolution 9.28.23 J - Weekly AP Payment Register for tlie Period Ending 9.28.23 Second reading of Cupertino Municipal Code, Chapter 9.22, expanding existing property maintenance requirements iri accordance with California Health and Safety Code 17970.5 Recommended Action: Conduct a second readiiig and enact Ordinance No. 23-2250: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING CITY CODE CHAPTER 9.22 of Title 9 (Health and Sanitationj TO PROHIBIT SUBST ANDARD HOUSING CONDITIONS" A - Draft Ordinance B - Assembly Bill 838 C - (alifornia Health and Safety Code section 17970.5 D - California Healtl'i and Safety Code section 17920.3 E - California Health and Safety Code section 17920.10 l: Second reading of Ordinance No. 23-2251 amending Tobacco Regulation Ordinance Municipal Code chapter 5.50 Recommended Action: Conduct a second reading and enact Ordinance No. 23-2251; "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING CHAPTER 5.50TO TITLE 5(BUSINESS LICENSES AND REGULATIONS) TO REGULATE THE SALE OF TOBACCO PRODUCTS". Staff Report A - September 19, 2023 Staff Report B - Draft Ordinance Page 5 City Council Agenda October 17, 2023 5.Stevens Creek Boulevard/Calabazas Creek Storm Drain Repair Emergency Work status report and authorization to continue. Recommended Action: Receive a status update on the Emergency Work at Stevens Creek Boulevard/Calabazas Creek Storm Drain Capital Improvement Programs (CIP) project and authorize the continuation of the emergency action, by four-fifths vote. 6. Recommended Action: Adopt Resolution 23-113amending tlie established City Council meeting calendar through January 17, 2024 A - Draft Resolution PUBLIC HEARINGS - None Effective 7anuary 1, 2023, Government Code Section 65103.5 (SB 1214) limits the distribution of copyrighted ynaterial associated with the review of development projects. Members of tlie puMic uiishing to view plans tliat ca;nnot ot)zerwise be distributed xmder SB 1214 may snake an appointinent with the Planning Division to view them at Citi) Hnll by sending nn email to plctnning@cupertino.org. Ilarts will also be made available digitally during the hearing to consider the proposal. ACTION CAtENDAR 7. 8.: Blackberry Farm (BBF) Golf Course Feasibility Study, considering options to complete minimal repairs and improvements to the BBF Golf Course (Option 1) or convert BBF Golf Course to a Natural Habitat (Option 3). Recommended Action: Direct staff to proceed with minimal repairs to maintain the BBF Golf Course (Option 1). Page 6 City Council Agenda October 17, 2023 Staff Report A - Existiiig Site Conditions B - NGF Report - Minimal Repairs to Golf Course C - MIG Report - Convert to Natural Habitat D - Public Survey and Outreach Summary E - Blackberry Farm Golf Course Use Analysis Comparative Costs - 25 Year Outlook F - Selected Pages from Parks Master Plan G - Public Survey 0uestions H - Parks Recreation Commission Minutes 05-18-22 I - Joint Commission Minutes 09-08-2022 J - Written Communications Joint Commission 09-08-2022 K - Summary Reports COUNCIL, REPORTS AND COMMENTS 9.$: Councilmember Reports A - Corincil Report, Fruen B - Council Report, Mohan C - Corincil Report, Moore CITY MANAGER REPORT ORAL COMMUNICATIONS - CONTINUED INFORMATIONAt ITEMS Inforynation items are intended to provide bctckground information and routine reports to Covmcilmeynbers and the pub(ic, without discussiort by Cou;nciL Meynbers of the public wishing to conm;ient on 'mformationa7 items shou(d do so during orcd commxmications 10. : Receive the Monthly Treasurer's Report for September 2023 Recommended Action: Receive the Monthly Treasirer's Report for September 2023 Staff Reoort A - Report of City-wide Receipts, Disbursements, ai"id Casli Balances September 2023 B - Report of City-wide Frind BalancesNet Position September 2023 11. : Receive the Monthly Treasurer's Investment Report for September 2023 Recornrnended Action: Receive the Monthly Treasurer's Investment Report for September 2023 A - Chandler Investment Report September 2023 COUNCIt AND ST AFF COMMENTS AND FUTURE AGENDA ITEMS ADJOURNMENT Lobbyist Registration and Reporting Requirements: Individuals w7io influence or ctttempt to influence 7egislative 07" administrative action may be required by the City of Cupertino's lobbying ordinance Page 7 CityCouncil Agenda Octoberl7,2023 (Cupertino Mxmicipal Code Chapter 2.100) to register a;nd report lobbying activity). Persons whose comrmmications regarding any legislative or administrative are solely Limited to appearing at or submitting testimony for any public meet'mg hdd by the Citi) are not required to register as lobbyists. For more information about the (obbying ordinance, please contact the Cih) Clerk's Office at 10300 Torre Avenue, Cupertino, CA 94107; telepJione (408) 777-3223; emai7 citi)clerk@cupertiiio.org; and website: www.ctipertino.org/7obbyist. The City of Cupertino lias adopted the provisions of Code of Civil Procedure §1094.6; Litigation challenging it fina1 decision of tlie City Coxmcil must be brought within 90 days after a decision is announced unless a shorter time is required by State or Federa7 (aw. Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must fi(e a petition for reconsideration within ten calendar days of the date tlie Citi) CLerk mails notice of the City)'s decision. Reconsideratzon petitions must comply with the requirements of Cupertino Municipa( Code §2.08.096. Contact tJie City Clerk's office for more information or go to http://www.cupertiyzo.org/cih)clerk for a reconsideratxon petition form. In coynp{iance with the Americans with Disabilities Act (ADA), anyone who is planning to atteyzd this meeting who is visx.trtlly or 7xearing impaired or licts any disabiliti) tliat needs specirtl assistance should call the City Clerk's Office at 408-777-3223, at (east 48 liours in advance of the meeting to arrange for assistance. I?? addition, upon reqriest, iiz advcmce, by a person witli a disabilih), yneeting agendas and writings distribxited for the meeting tliat are public records wil7 be made available in the appropriate alternative forinat. Any roritiizgs or ciocuynents provided to a majorih) of the Cupertino Cih) Counci7 after publication of t'lie packet wil7 be made available for public inspection in the Cih) Clerk's Office Located at Cih) Hall, 10300 Torre Avertue, Cupertino, Ca(ifornia 95014, during normal business hours; and in Counc'd packet archives liyqked from the ctgenda/yninutes page on the Cupertino web site. IMPORTANT NOTICE: Please be advised tJiat pursuant to Cuperti'no Municipa7 Code section 2.08.100 writterx commtmications sent to the Cupertino City Council, Coywxissioners or Cih) staff concerning rt matter on the agendct are included as supplert'tental material to the agendized item. These writteyi commtmications are accessible to the puMic through the City's website and kept in packet arcliives. Do not include any persona( or private infmmation in written conmrunications to t'lie City thrtt you do not wish to make public, as written comimmications rtre considered public records and wil7 be made public7y ctva'dable on the City) website. Page 8 THE CITY COUNCIL AND STAFF CIT'l 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 SantaCIaraValleyWaterCommissionandWaterDistrict SCC Transportation Authoritym - WestValley 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-3udicial) 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=l25 for a reconsideration petition form. COMMUNICATING WITH COUNCIL 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 J RFruen@cupertino.org KMoore@cupertino.org Debran@cupertino.org www.cupertino.org 408 777-3139 408 777-1326 408 777-3192 408 777-1316 408 777-1389 408 777-3212 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) 6:45p.m. Friday(replay) lO:OOa.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 "l Want To, View City Council meetings". News and community information can afso be found at: https://www.facebook.com/cityofcupertino/ https://twitter.com/CityofCupertino https://www.instagram.com/cityofcupertino AUDIO Tuneinto RadioCupertino,1670AM,for meetingannouncements,publicservicemessages,andemergency 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 RecologySouthBay (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 CountySheriff (408)868-6600 I Public Health Santa Clara County Public Health (408) 732-3720 SanitarySewers CupertinoSanitary District (408')253-7071 Water SanJoseWater (408)279-7900 CaliforniaWater (650)917-0152 IN-PERSON AND TELECONFERENCE / PUBLIC PARTICIPATION INFORMATION X'f 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 4:00p.m. on Tuesday, October 10to 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. Page I CityCouncil Agenda OctoberlO,2023 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/WNTFqEsCGQ-SOaoqk4H6gCg Phone Dial: 669-900-6833 and enter Webinar ID: 964 7470 4072 (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: 964 7470 4072 SIP: 96474704072@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 speak. Agenda October 10, 2023 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 documerit must email cityclerk@cupertino.org prior to speaking. These documents will be posted to the City's website after the meeting. NOTICE AND CAI,I, FOR A SPECIAt MEETING OF THE CUPERTINO CITY COUNCI[ NOTICE IS HEREBY GIVEN that a special meeting of the Cupertino City Council is hereby called for Tuesday, October 10, 2023, commencing 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." SPECIAL MEETING CALL TO ORDER PLEDGE OF Al,[EGIANCE ROI,L CALL CtOSED SESSION REPORT CEREMONIAt ITEMS 1. : Recognition of October as Hindu Heritage and Awareness Month Recommended Action: Recognize October as Hindu Heritage and Awareness Month 2.$: Recognition of 2nd week of October as Code Enforcement Officer Week Recommended Action: Recognize 2nd week of October as Code Enforcement Officer Week 3.$: Silicon Valley Clean Energy (SVCE) Electric Showcase Award honoring Cupertino resident winner Recommended Action: Receive presentation for SVCE Electric Showcase Award honoring Cupertino resident winner POSTPONEMENTS AND ORDERS OF THE DAY ORA[ COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the Counc'd on ayiy matter within Page 3 City Council Agenda October 10, 2023 tlie jurisdiction of the Counci7 and not 07'l the agenda for discussion, including informational items. The tota7 time for Oral Communications will ordinarily be limited to one hour. Individi.tal speakers are Limited to three (3) minutes. As necessary, the Chair may fitrther limit the time ctuorned to individua7 speakers, or reschedu7e rema'ming comments to the end of the meeting on a first come first heard basis, with prioriti) given to students. In ynost cases, State lazo wil) prohibit the Coymcil from discussing or making any decisions with respect to a matter not Listed on tlie agenda. A councilmember may, 7xowever, briefLy respond to statements made or questions posed by speakers. A councilmember may also ask a question for c(arification, 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 Coxmcil agenda in response to public comment. CONSENT CALENDAR (Items 4-10) Items appearing on the Consent Calendar are considered routine City business arid may be approved by one motion. Typical items may incrude meeting minutes, awards of contracts, tlie ratification of accou;nts payable, and second readings of ordinances. Any member of the Counci7 may req;itest to have an item removed from t7ie Consent Calendar based 07? the rtdes set forth in the Citi) Counci7 Procedures ManuaL Members of the public may provide input O?? one or more consent cct[endar items when the Mayor asks for public comments on the Consent Cctlendrtr. 4. : Approval of the September 19 City Council minutes Recommended Action: Approve the September 19 City Council minrites A - Draft Minutes 5.: Updates to the Policies and Guidelines on Sister Cities, Friendship Cities, and International Delegations Recommended Action: Adopt the ripdated City of Cupertino's Policies and Guidelines on Sister Cities, Friendship Cities, and International Delegations, which aim to ensure efficiency within the Sister and Friendship City program and clarity on travel expenses and gifts Staff Report A - 2018 Policies and Giidelines on Sister Cities, Friendship Cities, and International Delegations B - Redline: Policies and Guidelines on Sister Cities, Friendship Cities, and International Delegations C - Clean: Policies and Guidelines on Sister Cities, Friendship Cities, and International Delegations 6. : Community Development Block Grant (CDBG) Program finding allocation for the Senior Center Fire Alarm Upgrade Project Page 4 City Council Agenda October 10, 2023 Recommended Action: 1. Authorize the use of CDBG funding to upgrade the fire alarm system at the City's Senior Center, as part of the Capital Improvement Programs (CIP) Building Condition Assessment (BCA) Improvements project. 2. Adopt Resolution No. 23-103 approving Budget Modification No. 2324-305 increasing appropriations in the Capital Improvement Programs Capital Project Fund for the Building Condition Assessment (BCA) Improvements project by $367,951.38 through the use of CDBG funding Staff Report A - Senior Center Building Condition Assessment Report B - Draft Resolrition : First amendment to the Agreement Creating the Santa Clara County Recyding and Waste Reduction Technical Advisory Committee (TAC) to allow members to participate in TAC meetings using teleconference technology pursuant to Brown Act prOVlSIOnS. Recommended Action: Atithorize the City Manager to execute the first amendment to the Agreement Creating the Santa Clara County Recycling and Waste Reduction TAC to allow members to participate in TAC meetings using teleconference technology pursuant to Brown Act provisions. Staff Report A - TAC MOA Agreement Amendment B - TAC MOA 2013 Agreement : Updated Resolution Authorizing the City of Cupertino to Apply for CalRecycle Payment Programs. Recommended Action: Adopt Resolution No. 23-104, aritliorizing submittal of applications for CalRecycle's Payment Programs using an updated resolution as required by CalRecycle. Staff Report A - Draft Resolrition : Award a construction contract for the McClellan Road Separated Bike Corridor Phase 3 Project to Redgwick Construction Company for improvements at the intersection of De Anza Boulevard and McClellan Road/Pacifica Drive and approve a budget modification in the amount of $975,000. Page 5 City Council Agenda October 10, 2023 Recommended Action: 1. Award a construction contract for the McClellan Road Separated Bike Corridor, Phase 3 Project (Project 2020-12) in the amount of $1,569,386 to Redgwick Construction Company; 2. Authorize the City Manager to execute the contract when all conditions have been met; 3. Authorize the Director of Public Works to exeaite any necessary construction change orders up to a construction contingency amount of $156,939 (10%) for a total contract amount of $1,726,325; and 4. Adopt Resolution No. 23-105 approving budget modification #2324-304, approving a transfer of $948,552from the Capital Improvement Fund (budget rinit 420-99-036 900-905, ST 047) to the Transportation Fund (budget unit 270-99-269 900-905) and approving a transfer of $975,000 within the Transportation Fund from Senate Bill (SB) I Capital Outlay (budget unit 270-85-821 900-971) to the project (budget unit 270-99-269 900-905), for a total authorized project expenditure of $2,299,410. Staff Reoort A - Draft Contract B - Draft Resolution 10. $: Stevens Creek Boulevard/Calabazas Creek Storm Drain Repair Emergency Work Declaration, and authorization for the City Manager to negotiate and execute contract(s) for the repair work Recommended Action: 1. Adopt Resolution No. 23-106 declaring the repairs necessary to restore Stevens Creek Storm Drain as Emergency Work, per City of Cupertino Municipal Code (CMC) Section 3.23.130 C and Public Contract Code Section 22050; 2. Adopt Resolution No. 23-107 approvin(g budget modification #2324-306, approving a transfer out appropriation of $580,000 from the Capital Reserve Frind (429), a transfer in revenue and incteased appropriations of $460,000to the project (budget unit 420-99-266), for a total arithorized project expenditure of $880,000; and 3. Authorize the City Manager to negotiate and execute a construction contract to perform the repairs, without a public bidding process, for an amount (CIP Project number 2024-01) not to exceed the project's approved funding level of $880,000 A - Draft Resolution - Emergency Declaration B - Stevens Creek Boulevard-Calabazas Creek SD Work Area Exhibit C - Draft Resolution - Budget Modification PUBLIC HEARINGS - None Effective January 1, 2023, Government Code Section 65103.5 (SB 1214) limits the distribution of copyrighted mrtterinl associated zuith the review of development projects. Members of t1ie public wishirtg to riier.ti p'ictrts that cannot otherwise be distributed under SB 1214 may make an cippointment wit7i tlie Plaming Division to vie;xo tliem at Citi) HalL by send'mg an email to p7awi;ng@cupertino.org. P4ans wil( also be mrtde available digitally during tlie liearing to consider Uie proposal. Page 6 City Council Agenda October 10, 2023 ACTION CA'tENDAR 11. $: Establish a General Fund Sales Tax Repayment Reserve Recommended Action: A. Approve an amendment to the City's Cornrnitted, Unassigned Fund Balance, and Use of One Time Finds Policy to: i. Create a General Fund Sales Tax Repayment Reserve with an initial allocation of $56.5 million ii. Authorize staff to increase the Sales Tax Repayment Reserve when the City receives additional sales tax revenue in dispute iii. Decrease the General Fund Capital Projects Reserve by $10.0 million iv. Decrease the General Fund Economic Uncertainty Reserve by $6.0 million Presenter: Kristiiia Alfaro, Director of Administrative Services Staff Reoort A - Committed, Unassigned, and Use of One Time Funds Policy Clean B - Committed, Unassigned, and Use of One Time Funds Policy Redline COUNCIL REPORTS AND COMMENTS 12. CITY MANAGER REPORT ORA[ COMMUNICATIONS - CONTINUED INFORMATIONAL ITEMS - None Information items are inteyided to provide backgrotmd informatioyi and routine reports to Counc'dmembers and the public, without discx.tssion by Council. Members of the pub(ic wishiyig to conmxent on informationa( iteyns should do so during ora7 comymmications COUNCIL AND ST AFF COMMENTS AND FUTURE AGENDA ITEMS ADJOURNMENT Lobbyist Registration arxd Reporting Requirements: Individuals zoho influence or attempt to influence 1egisLative or administratxve actioyi may be required by t7ze City of Cupertino's lobbying ordinance (Cupertino Municipal Code Chapter 2.100) to register and report lobbying activity. Persons whose commymiccttions regarding any (egisLcttivc or administrative tyre solely Limited to appearing at or submitting testimony for any public meeting held by the Citi) are not required to register as lobbyists. For more inforynation about the lobbying ordinance, please contact the City Clerk's Office at 10300 Page 7 CityCouncil Agenda OctoberlO,2023 Torre Avewe, Cupertino, CA 94107; telephone (408) 777-3223; email cityclerk@cx.ipertmo.org; and website: mow.cupertino.org/lobbyist The City of Cupertino has adopted the provisions of Code of Civi7 Procedure §1094.6; 7itigation chctllenging a fina7 decision of the Cih) Cormci7 must be brought within 90 days after a decision is announced unless a shorter time is required by State or Federal lctw. Prior to seek'nig judicial revie'co of any adjudicatory (quasi-judicirtD decision, interested persons must fi(e a petitio;rt for reconsiderrttion within ten calendar days of the date the City Clerk mctils notice of the City's decision. Reconsideratxon petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the Cif4 Clerk's office for more 'n4ormation or go to http://wmu.cupertino.org/cifi)c7erk for a reconsideraho;n petition fornx. In compliance with the Americans with Disabilities Act (ADA), an3ione zti7zo is planning to attend tliis meeting who is visually or hearing impaired or has any disab'dih) that needs specia7 assistcmce 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 zoith a disability, meeting ctgendas and zoritings distributed for the meeting that are public records will be made available in the appropriate rtlterrtative format. A7?!/ writings or documents provided to a majority of the Cupertino City Coymcil after publicatio;iz of the packet wi(7 be made avai(abre for public inspection in the City Clerk's Office Located tit Cih) Hail, 10300 Torre Avewe, Cupertino, Ccdifornia 95014, during normctl business hours; rind in Co;ymci7 pctcket archives Linked from the agenda/minutes page on the Ci.tpertino web site. IMPORTANT NOTICE: P4ease be advised tliat pursuctnt to Cupertino Mmicipal Code section 2.08.l00written commrmicrttions sent to the Cupert'mo Cifi) Council, Coynmissioners or City staff concerning a matter on the agenda are 'mcluded as supp7emerttal mctterial to tlie ctgertdized 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 privctte information'm written communications to t1ie Cifi) that you do not wish to make public, as written cortmztmications are corysidered pub(ic records and zoi77 be made publicly avai7able 07? the City website. Page 8 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 WestValley 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 adiudicatory (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=l25 for a reconsideration petition form. COMMUNICATING WITH COUNCIL 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 LiangCha4>cupertino.org J RFruen@cupertino.org KMoore@cupertino.org ; Debran@cupertino.org www.cupertino.org (408 777-3139 408 777-1326 408 777-3192 408 777-1316 408 777 -1389 408 777-3212 408 777-CITY Please note: the City Council discourages submission of written materials on the day ofthe 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 HALI 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) 6:45p.m. Friday(replay) lO:OOa.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 "l 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-ClTY Fire (Emergency) Santa Clara County Fire Dept. dispatch 911 Fire (Non-Emergency ) Santa Clara County Fire Dept. (408) 378-4010 Garbage RecologySouthBay (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) SantaClaraCountySheriff dispatch 911 Police (Non-Emergency) Santa Clara County Sheriff (408) 868-6600 Public Health Santa Clara County Public Health (408) 732-3720 SanitarySewers CupertinoSanitaryDistrict (408')253-7071 Water SanJoseWater (408)279-7900 CaliforniaWater (650)917-0152 _l 01 IllllNllulllull lllullllla}ulllll ul Ill iilliijl Inniii 111111 Ill lullullllTjffillli lumljulll 1111 ITmliii 111111 Imll Ill * 101111010 I 0 I I I #l} @ a II . 111111111111 .llliillllll 1101% la#l#0lllll II # 0 101 I 10 #0 lal}l Ila Ill II II 101 00 CITY OF CUPERTINO STATE OF CALIFORNIA OFFICE OF NOTICE IS HEREBY GIVEN that the regular meeting of the Cupertino City Council scheduled for Tuesday, October 03, 2023 beginning at 6:45 p.m. in Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, CA 95014 and via teleconference, is caricelled. A special meeting will be held on Tuesday, October 10, 2023 beginning at 6:45 p.m. in Cornrnunity Hall Council Chamber, 10350 Torre Avenue, Cupertino, CA 95014 and via teleconference Dated this 26th day of September, 2023 Lauren Sapudar Deputy City Clerk STATE OF CALIFC>["JTA a-Xl 10350 Torre Avenue, Council CR'tinjmff"!m Tfdled6rif!irences:z DATE ( i '; ': ' -' E klAL'L. CUPERTINO Regular Meeting IN-PERSON AND TELECONFERENCE / PUBLIC PARTICIP ATION 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 4:00p.m. on Tuesday, September 19to 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 dtu'ing "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. Page I CityCouncil Agenda Septemberl9,2023 Completion of Speaker Cards and identifying yourself is voluntary and not required to attend the meeting or provide comments. 3) Teleconferencing Instructions To addtess 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/WN3'w9IhyVaT8KG5vHYoPl8xg Phone Dial: 669-900-6833 and enter Webinar ID: 931 0851 0691 (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: 931 0851 0691 SIP: 93108510691@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 w"ll 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 speak. Agenda September 19, 2023 4. When called, please limit your temarks 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. CAtL TO ORDER PtEDGE OF A[LEGIANCE RO[L CALL CtOSED SESSION REPORT CEREMONIA[, ITEMS 1. 2. : Recognize September as National Preparedness Month Recommended Action: Recognize September as National Preparedness Month POSTPONEMENTS AND ORDERS OF THE DAY ORAL COMNICATIONS This portion of the meeting is reserved for persons zoishing to address the Cotmci( on any matter zoith'm the jurisdictioyi of the Council and yiot on the agenda for discussio'n, irtcluding informationa[ items. The totctl time for Ora7 Commtmiccttions will ordinarily be Limited to one hour. Individual speakers are Limited to three (3) minutes. As necessary, tlie Chair may fiirther limit the time allowed to individual speakers, or reschedule remaining comments to the end of the meeting on a first come first heard basis, zoit7z priorih) given to students. In most cases, State raw will prohibit the Council from discussing or making any decisions with respect to a matter not Listed on the agenda. A councibrteynber may, liowever, briefly respond to statements made or questioyis posed by speakers. A coymcilme'inber may also ask a question for c7arificcttion, provide a refererxce for factua! information, request staff to rqiort back concerning ct matter, or request that an item be added to a future Cih) Coxmc'd agenda'm response to public comment. CONSENT CALENDAR (Items 3-7) Items appearing 07? the Consent Calendar are coyisidered routine City business and may be approved by one motion. Typical items may include meeting minutes, awards of contracts, the ratification of Page 3 City Council Agenda September 19, 2023 accounts payable, and second readings of ordinances. Arty member of the Cormcil may request to have an item removed from the Consent Calertdar based on the rules set fortli in the Cih) Council Procedures Manual. Members of the public may provide input 072 one or more consertt calendar items when the Mayor asks for public comments on the Co'nse;nt Ca(ertdar. 3. : Approve the July 18 City Council minutes (continued from September 6, 2023) Recommended Action: Approve the July 18 City Council minrites A - Draft Minrites 4. : Approve the September 6 City Council minutes Recommended Action: Approve the September 6 City Council minutes A - Draft Minutes 5. 6. Page 4 City Council Agenda September 19, 2023 A - Avolve Software Corporation Software-as-a-Service Agreement 7. %: Award a Cooperative Services Agreement to ReDesign Group, for City's server and storage infrastructure, for a total cost of $389,692.60, including 10o/o contingency over five years. Recommended Action: 1. Find under A/hinicipal Code section 3.22.070(C) that this procurement from the National Association of State Procurement Officials is exempt from formal competitive bidding procedures. 2. Authorize the City Manager to execute a Cooperative Services Agreement with ReDesign Group, for Technology Refresh of the City's server and storage infrastructure, for a total cost of $389,692.60, including 10o/o contingency over five years. A - Cooperative Agreement NASPO C-109 B - Amendments No. I to 6 to NASPO C-109 C - California Participating Addendum D - Amendments No. 1 & 2 to CA Partiapating Addendrim E - Data Center Refresh Proposal F - Disaster Recovery Site (Phoenix) 5 Year quote G - Production Site 5 Year quote H - Insuraiice for Consultants Contracts I - Proof of Insurance PUBLIC HEARINGS - None Effective Jamtctry 1, 2023, Government Code Section 65103.5 (SB 1214) Limits the distribution of copyrighted materia( associated with the revie;xo of developynent projects. Members of t7ie public wislii;ng to viezo p(ans that cannot otherwise be distributed ;imder SB 1214 may yrtalce an appointment zoith the P(anning Division to view them at City Hall by sending an emai7 to p7ayming@cupertino.org. Plans will also be made ava'dctble digitally during tlie hearing to consider the proposal ACTION CALENDAR 8.FY 2023-24 Internal Audit Program Recommended Action: Approve the FY 2023-24 Internal Audit Program Presenter: Jonathan Orozco, Finance Manager A - FY 23-24 hiternal Audit Program 9. : Adoption of amendments to the Cupertino Municipal Code, Chapter 9.22, expanding existing property maintenance requirements in accordance with California Health and Safety Code 17970.5 Page 5 City Council Agenda September 19, 2023 Recommended Action: Conduct the first reading of Ordinance No. 23-2250: "An Ordinance of the City Council of the City of Cupertino Amending City Code Chapter 9.22 of Title 9 (Health and Sanitation) to Prohibit Substandard Housing Conditions. Presenter: Monica Diaz, Senior Code Enforcement Officer A - Draft Ordinance B - Assembly Bill 838 C - California Health and Safety Code section 17970.5 D - California Health and Safety Code section 17920.3 E - California Health and Safety Code section 17920.10 10. : Amendments to the Cupertino Municipal Code Chapter 5.50 of Title 5 (Business Licenses and Regulations), regulating the sale of tobacco products Recommended Action: Conduct the first reading of Ordinance No. 23-2251: "An Ordinance of the City Corincil of the City of Cupertino Amending Chapter 5.50 to Title 5 (Business Licenses and Regulations) to Regulate the Sale of Tobacco Products" Presenter: Christopher Jensen, City Attorney A - Agreement Between the Corinty and Cupertino for a Tobacco Retail Permit Program B - Draft Ordinance (Redline) C - Draft Ordinance (Clean) D - Letter to Tobacco Retailers in Cupertino 11. : Revisions to City of Cupertino Ethics Policy Recommended Action: Direct the City Attorney to revise the City of Cupertino Ethics Policy to incorporate the provisions of the 2018 City's Ethics Code, as amended to ensure consistency with the City Council Procedures Manual and to address recommendations of the City's internal auditor, and provide direction on any additional Ethics Policy revisions Presenter: Christopher Jensen, City Attorney A - Resolution No. 20-011 (Adopting the City of Cupertino Ethics Policy B - Resolution No. 18-115 (Adopting the City of Cupertino Code of Ethics and Condrict for Elected and Appointed Officials) C - Civil Grand Jury Report, "A House Divided: Cupertino City Council and Staff" D - Fact-Finding Report E - Enterprise Leadership Assessment F - Btlncs Code Menu/Worksheet G - Survey Results COUNCI[ REPORTS AND COMMENTS 12. : Councilmember Reports Page 6 City Council Agenda September 19, 2023 A - Council Reports Fruen B - Council Reports Mohan C - Corincil Reports Wei CITY MANAGER REPORT ORAL COMMUNICATIONS - CONTINUED INFORMATIONAL ITEMS Information iteins are intended to provide backgroxmd i;nformatio;n and routine reports to Coxmci7ynembers and the public, without discussion by Cotmcil. Members of the pubdic wishing to coyrtment on informcttiona( items should do so during oral commvmications 13. : Receive the Monthly Treasurer's Report for August 2023 Recommended Action: Receive the Monthly Treasurer's Report for August 2023 Staff Reoort A - Report of City-wide Receipts, Disbursements, and Cash Balances August 2023 B - Report of City-wide Fund BalancesNet Position August 2023 14, : Receive the Monthly Treasurer's Investment Report for August 2023 Recommended Action: Receive the Monthly Treastrer's Investment Report for August 2023 A - Chandler Investment Report August 2023 COUNCI[ AND STAFF COMMENTS AND FUTURE AGENDA ITEMS ADJOURNMENT Lobbyist Registration and Reporting Requirements: Individuals zoho influeyice or attempt to influence legislative or administrative action may be required by the City of Cupertino's Lobbyiyig ordinance (Cupertino Municipa7 Code Chapter 2.100) to register and report lobbying activiti). Persons whose communicrttions regarding any (egis(ative or admiizistrative are so(ely limited to appearing at or submitting testimony for any public yneetiyig field by the Cih) are not required to register as Lobbyists. For inore infor'ination about the lobbying ordinance, please contact the Citi) Clerk's Office at 10300 Torre Avenue, Cupertino, CA 94107; telep)'xone (408) 777-3223; emai7 cih)c7erk@cupertino.org; and website: zowto.cupertino.org/Lobbyist. The Citi) of Cupertino lias adopted the provisions of Code of Civi7 Procedure §1094.6; 7itigcttion chcdlenging ct find decision of the City Coxmc'd must be brought within 90 days after a decision is annourtced u'rdess a shorter time is required by State or Federal law. Prior to seeking judicia7 review of any adjudicatory (quctsi-fitdicial) decision, interested persons must file a petition for reconsidercition witJiirt ten calendar days of the date t)ie City Clerk mails notice of th.e Page 7 City Council Agenda September 19, 2023 City's decision. Reconsiderrttxon petitions must compiy zoith tlie requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's office for more information or go to littp://www.cupertino.org/cityclerk for a reconsideration petition fmm. 77? compliance with the Americans witli Disabilities Act (ADA), anyone who is p(anning to attend this meeting who is visually or hearing iynpaired or has any disabilih) that needs specia( assistance shou(d caL7 the City Clerk's Office at 408-777-3223, at Least 48 liours in advance of the meeting to arrange for assistance. In addition, upon request, in advance, by a person with a disctb'dity, meeting agendas and writings distributed for the meeting that are public recmds wiu be made available in the appropriate alternrttive formctt. Any zoritings or doc;im;xe;nts provided to a majoriti) of the Cupertirto City Coxmci7 after publication of the packet will be made ctvailable for public inspection in the City Clerk's Office located at Cih) Hall, 10300 Torre Avewe, Cupertino, California 95014, during norma7 business hours; and 'm Counci7 packet archives li;nked from the agenda/minutes page on the Cupertino zoeb site. IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Mzmicipa7 Code section 2.08.100 written communicatioyis sent to the Cupertino City Courtci[, Commissioners or Cih) staff concer'ning a matter on tlie agertda are included as suppLementct7 material to tl'te agertdized item. These ziyritten comymmications are accessibre to the public tl'trough the Citi)'s website and kept in packet archives. Do not include any personal or private information in zoritten commmicatioris to the City tliat you do not wish to make public, as zoritten com'tmmications are considered p'ttblic records and will be made publicly available on the City website. Page 8 THECITYCOUNCIL ANDSTAFF 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 - SantaC1araValleyWaterCommissionandWaterDistrict - SCCTransportationAuthoritym - 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 officg 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 COUNCII 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 far 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 iudicial 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=l25 for a reconsideration petition form. COMMUNICATING WITH COUNCIL 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 408 777-3139 408 777-1326 408 777-3192 408 777-1316 408 777-1389 408 777-3212 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. Thursday (replay) 7:00 p.m. INTERNET City Council and Planning Commission videos are available on demand at www.cupertino.org. Select "I Want To, View City Council meetings". Friday (replay) 10:00 a.m. Saturday (replay) 9:00a.m. 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 annou ncements. USEFUL TEIEPHONE 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 RecologySouthBay (408)725-4020 Gas & Electricity Pacific Gas & Electric (PG&E) 1-800-743-5000 Recreation&Community QuinlanCommunityCenter (408)777-3120 SeWces 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 SanitarySewers CupertinoSanitary District (408)253-7071 Water SanJoseWater (408)279-7900 CaliforniaWater (650)917-0152 PQS [2 '!! ta'x-i J J- S I IN-PERSON AND TELECONFERENCE / PUBLIC PARTICIPATION INFORMATION Members of the public wishing to obsetve 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 4:00p.m. on Wednesday, September 6to 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 Special Meeting as follows: Otal 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 Page I CityCounci-l Agenda Septembet6,2023 lectern/microphone, and are requested to complete a Speaker Card and identify themselves. Completion of Speaker Cards and idetttifying 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/WNDLmEqiYER3SA48vWDCCVLQ Phone Dial: 669-900-6833 and enter Webinar ID: 990 5322 6294 (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: 990 5322 6294 SIP: 99053226294@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, Page 2 CityCouncil Agenda September6,2023 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 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 Wednesday, September 06, 2023, commencing 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." SPECIAL MEETING CALL TO ORDER PLEDGE OF AL[EGIANCE ROLL CALL CLOSED SESSION REPORT CEREMONIAL ITEMS 1.$: Prodamation recognizing September as National Suicide Prevention Month Recommended Action: Present proclamation recognizing September as National Suicide Prevention Month A - Prodamation POSTPONEMENTS AND ORDERS OF THE DAY ORAL COMMUNICATIONS This portiort of the meeting is reserved for persorrs zoishing to address the Co'bmcil on any matter with'm the jurisdictiorx of the Cormcil and not on the agenda for discussion, inc7uding irxformationa7 items. The tota) time for Oral Commrmications zoil7 ordinarily be limited to one hour. Individual speakers are limited to three (3) minutes. As necessary, the Chair may fitrther Limit the time allowed to individual speakers, or reschedtde remain'mg comments to the end of the meeting on a first come first heard basis, zoith priority given to studertts. In most cases, State Law zoil7 prohibit the Courtci7 from discuss'mg or making any decisions roith respect to a matter not (isted on the agenda. A councilmember may, Page 3 City Council Agenda September 6, 2023 however, briefly respond to statements made or questiorts posed by speakers. A councilmember may also ask a question for clarification, provide a reference for factual i;nformation, 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 2-5) Items appearing on the Consent Calendar are considered routine Cih) busirtess arid may be approved by orte motion. Typical items may include meeting mimttes, azoards of corxtracts, the ratification of accourxts payable, and second readirtgs of ordirxances. Any member of the Covmcil may request to have an item removed from the Consent Calendar based on the rules set forth in the City Co'bmcil Procedures Manual. Members of the public may provide input O?Z one or more consent calendar items whert the Mayor asks for public comments on the Consent Calendar. 2. $: Approve the July 18 City Cou"icil minutes Recommended Action: Approve the July 18 City Council minrites A - Draft Minutes 3. $: Approve of the July 25 City Council minutes Recomrnended Action: Approve the July 25 City Council minutes A - Draft A/Iinutes 4.Ratifying Accorints Payable for the periods ending July 7, 2023; July 14, 2023; Jily 21, 2023; and July 28, 2023. Recommended Action: A. Adopt Resolution No. 23-095 ratifying Accotnts Payable for the Period ending July 7, 2023; B. Adopt Resolution No. 23-096 ratifying Accounts PayabIe for the Period ending July 14, 2023; C. Adopt Resolution No. 23-097 ratifying Accoints Payable for the Period ending July 21. 2023: and D. Adopt Resolution No. 23-098 ratifying Accounts Payable for the Period ending July 28. 2023. A - Draft Resolution 7.7.23 B - Weekly AP Payment Reg'ster for the Period Ending 7.7.23 C - Draft Resolution 7.14.23 D - Weekly AP Payment Register for the Period Ending 7.14.23 E - Draft Resolution 7.21.23 F - Weekly AP Payment Register for the Period Ending 7.21.23 G - Draft Resolution 7.28.23 H - Weekly AP Payment Register for the Period Ending 7.28.23 5. $: Approve a First Amendment to the agreement with NexInite, LLC., to support the functionality of the Capital Improvement Program (CIP) Management Hub. Page 4 City Council Agenda September 6, 2023 Recommended Action: Authorize the City Manager to exeaite a First Amendment to the agreement with NexInite, LLC., to support the functionality of the Capital Improvement Program (CIP) Management Hub, increasing the not-to-exceed contract amount to $255,000 and extending the term of the agreement to June 30, 2026. Staff Repoort A - Agreement No. 21-278 NexInite, LLC., for CIP Management Hub B - First Amendment to CIP Management Hub Agreement PUBLIC HEARINGS - None Effective January 1, 2023, Government Code Section 65103.5 (SB 1214) limits the distribution of copyrighted materia7 associated with the review of development projects. Members of the public wishing to view plans that cannot otherwise be distributed urtder SB 1214 may make an appointment with the Plarming Division to view them at City Hall by sending an email to plartning@cupertino.org. Plarxs wiu also be made available digitally during the hearing to consider the proposaL ACTION CALENDAR 6.$: Enterprise Leadership Assessment Audit Final Report Recommended Action: Receive the Enterprise Leadership Assessment Audit Final Report Presenter: Kristina Alfaro, Director of Administrative Services Staff repoort A - City of Cupertino Enterprise Leadership Assessment Audit Final Report 7.$: Review of Corincilmember compliance with Municipal Code Chapter 2.17, recommendations in May 2023 Fact Finding Report, and related governance issues Recommended Action: Consider findings regarding Councilmember compliance with Minicipal Code Chapter 2.17, recornrnendations in May 2023 Fact Finding Report, and related governance issues, and provide direction on further measures to improve govemance practices, as recommended below Presenter: Christopher Jensen, City Attorney Staff Report A - Grand Jury Report - "A House Divided: Cupertino City Corincil and City Staff" B - City of Cupertino Response to Grand Jury Report C - Fact Finding Report D - Enterprise Leadership Assessment E - Enterprise Risk Assessment 8.$: Revisions to Cupertino City Coincil Procedures Manual Recommended Action: Provide input regarding revisions to Cupertino City Council Procedures Manual Presenter: Christopher Jensen, City Attorney Page 5 City Council Agenda September 6, 2023 Staff Report A - Resolution No. 23-021 (Cupertino City Corincil Procedrires Manual) B - Enterprise Leadership Assessment COUNCIL REPORTS AND COMMENTS 5: Coincilmember Reports A - Corincil Reports Fnien B - Council Reports Wei CITY MANAGER REPORT ORAL COMMUNICATIONS - CONTINUED INFORMATIONAL ITEMS Informatiorx items are irttertded to provide backgrovmd i4ormation arid routirte reports to Councilmembers a;nd the public, without discussion by CounciL Members of the public wishing to comyrtent on informational items shordd do so dur'mg oral commrmicatiorts. 10. $: Update on renewed Friendship City Organizations Recornrnended Action: Receive update on renewed Friendship City Organizations Informational Memorandum A - Sister and Friendship City Policy B - New Taipei City Renewal Doaunents C - Taiching Renewal Documents D - Tongxiang Renewal Documents E - Xianning Renewal Docirnents 11.6: Receive the Treasurer's Investment Report for the Quarter Ending June 30, 2023 Recommended Action: Receive the Treasurer's Investment Report for the Quarter Ending June 30, 2023 A - Chandler Investment Report Jine 2023 B - Chandler Custodial Statement Jine 2023 C - PARS Pension and OPEB Accoint Statement June 2023 D - LAIF Accoint Statement June 2023 12. 6: Receive the Monthly Treasurer's Report for July 2023 Recornrnended Action: Receive the Monthly Treasurer's Report for July 2023 A - Report of City-vvide Receipts, Disbursements, and Cash Balances July 2023 B - Report of City-wide Fiu'id BalancesNet Position July 2023 13. $: Receive the Monthly Treasurer's Investment Report for July 2023 Page 6 City Council Agenda September6,2023 Recommended Actioi"i: Receive the Monthly Treasurer's Investment Report for July 2023 A - Chandler Investment Report July 2023 COUNCIL AND ST AFF COMMENTS AND FUTURE AGENDA ITEMS ADJOURNMENT Lobbyist Registration and Reporting Requirements: Individuals who influence or attempt to influence legislative or administrative actio;n may be required by the Cih) of Cupertino's lobbying ordinance (Cupert'mo Municipa7 Code Chapter 2.100) to register arxd report lobbyirtg activity. Persons zohose communications regardiryg any legislative or administrative are solely )imited to appearing at or submitting testimo;ny for any public meeting held by the Cih) are not required to register as 7obbyists. For more information about the lobbying ordinance, please contact the City Clerk's Office at 10300 Torre Avemte, Cupertino, CA 94107; telephone (408) 777-3223; email cityclerk@cupertino.org; and website: zozow.cupertino.org/lobbyist. The City of Cupert'mo has adopted the provisions of Code of Civil Procedure §1094.6; Litigation challenging a final decision of the Cih) Cormcil must be brought with'm 90 days after a decision is armounced urdess a shorter time is required by State or Federal Jaw. Prior to seelcing judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration with'm ten calendar days of tlie date the City Clerk mails rxotice 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:/howw.cupertirxo.org/cih)clerk for a reconsideratiory petition form. Irx compliartce zoith the Americans with Disabilities Act (ADA), arxyone who is planning to attend this meeting who is visually or hearing impaired or has any disability that rteeds specia7 assistance should call the City Clerk's Office at 408-777-3223, at Least 48 hours in advance of the meeting to arrarxge for assistance. h additiory, upon request, irx advance, by a person with a disability, meeting agendas and 'xoritings distributed for t7ie meetirtg that are public records zoil7 be made available 'm the appropriate alternative format. Arxy writings or documents provided to a majority of the Cupertino City Cou;ncil after publication oj the packet wil7 be made avai7able for public inspection irx the Cih) Clerk's Office located at City Hall, 10300 Torre Avertue, Cupertino, California 95014, during norma7 bus'mess hours; and in Cormci7 packet archives Linked from the agertda/minutes page orx the Cupertirto zoeb site. IMPORTANT NOTICE: Please be advised that pursuant to Cupert'mo Municipa7 Code sectio;n 2.08.100 written commurxications sent to the Cupertirxo Cih) Covmcil, Commissio;+'yers or City staff Page 7 City Council Agenda September 6, 2023 concerning a matter on the agenda are included as supplemerxtal material to the agendized item. These zoritten commurticatiorxs are accessible to the public through the City's roebsite and kept in packet archives. Do not inchtde any persoryal or private irxformation in written communications to the City that you do not wish to make public, as roritten communications are considered public records and will be made publicly available on the City website. Page 8 THE CITY COUNCIL AND ST AFF 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 G2.08.096. Contact the City Clerk's office for more information or go to www.http://www.cupertino.org/index.aspx?page=l25 for a reconsideration petition form. COMMUNICATING WITH COUNCIL All Council members: citycouncil@cupertino.org HungWei HWei@cupertino.org (408)777-3139 i Sheila Mohan SMohan@cupertino.org (408) 777-1326 Liang Chao LiangChao@cupertino.org (408) 777-3192 J.R. Fruen JRFruen@cupertino.org (408) 777-1316 Kitty Moore KMoore@cupertino.org (408) 777-1389 Executive Assistant Debran@cupertino.org (408) 777-3212 CityHall www.cupertino.org (408)777-ClTY 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,asleastonecopymustbegiventotheCityClerkforthepermanentrecord,andtencopiesarepreferred. ' 10:00 a.m. 9:00 a.m. 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) Thursday (replay) 7:00 p.m. Saturday (replay) INTERNET City Council and Planning Commission videos are available on demand at www.cupertino.org. Select "l 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 a nnouncements. 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 RecologySouthBay (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 SanJoseWater (408)279-7900 CaliforniaWater (650)917-0152 CITY OF CuPERTINO OFFICE OF THE CITY CLERK CITY HALL 10300 TORRE AVENUE - CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3223 - FAX: (408) 777-3366 CUPERTINO.ORG CUPERTINO CITY COUNCIL NOTICE OF CANCELI,ATION NOTICE IS HEREBY GIVEN that the regiilar meeting of the Cupertino City Council scheduled for Tuesday, August 15, 2023 beginning at 6:45 p.m. in Cornmtunty Hall Council Chamber, 10350 Torre Avenue, Cupertino, CA 95014 and via teleconference, is cancelled. Tlie next meetiiig will be held on Wednesday, September 06, 2023 beginning at 6:45 p.m. in Community Hall Coincil Chamber, 10350 Torre Avenue, Cupertino, CA 95014 and via teleconference. Dated this 3" day of August, 2023 ST.A"t '}2 0F' €Ij'tL-xb'(.-o:< it-ai PC.i'SalF.!) a-l-)iuE i'. Laffren Sapudar Deputy City Clerk CITY OF ST,'TE OF CALIF, CUPERTINO BULLETIN BOARD AT CNTY fIALL. NOTICE IS HEREBY GIVEN that the regular meeting of the Cupertino City Council scheduled for Tuesday, August 01, 2023 begiru'iing at 6:45 p.m. in Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, CA 95014 and via teleconference, is cancelled. The next meeting will be held on Wednesday, September 06, 2023 beginning at 6:45 p.m. in Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, CA 95014 and via teleconference. Dated this 26'h day of July, 2023 Lauren Sapudar Deputy City Clerk S"('t':ZEC'?t-C'f'L-n:a' a'. Tuesday, July 25, 202,S Televised Special Meeting IN-PERSON AND TELECONFERENCE / PUBLIC PARTICIP ATION 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 4:00p.m. on Tuesday, July 25to the Council at citycouncil@cupertino.org. These e-mail comments will also be fomarded 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 Special Meeting as follows: 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. Page I City Council 3) Teleconferencing Instructions Agenda July 25, 2023 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/WNPFadKKNmRe6JdQDG-81C3w Phone Dial: 669-900-6833 and enter Webinar ID: 924 1500 2859 (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: 924 1500 2859 SIP: 92415002859@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 wall 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. Page 2 City Council Agenda July 25, 2023 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 Tuesday, July 25, 2023, commencing at 5:00 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." SPECIA[ MEETING ROL[ CALL STUDY SESSION 1.$: SUtdy Session and staff presentation on the 6th Cycle Housing Element Update Recommended Action: Receive the staff presentation on the 6th Cycle Housing Element Update and confirm sites selection strategy and provide policy direction. A - Presentation ACTION CALENDAR 2.Consider taking a position in support of, in opposition to, or otherwise regarding Senate BilI ("SB") 423: Streamlined Housing Approvals: Multifamily Housing Developments Recommended Action: Consider taking a position in support of, in opposition to, or otherwise regarding SB 423 A - SB 423 (redline) B - SB 423 Assembly Natural Resources Summary ADJOURNMENT Lobbyist Registration and Reportirtg Requirements: Irtdividuals who influence or attempt to influence Legislative or administrative action may be required by the Cih) of Cupertino's lobbying ordinance (Cupert'mo Municipal Code Chapter 2.100) to register arid report (obbying activity. Persons zohose communications regarding any legislative or adm'mistrative are solely limited to appearing at or submitting testimony for any public meeting held by the City are not required to register as Iobbyists. For more informatio+z about the lobbying ordinance, please contact the City Clerk's Office at 10300 Page 3 CityCouncil Agenda July25,2023 Torre Avenue, Cupertirxo, CA 94107; telephone (408) 777-3223; email cityclerk@cupertmo.org; and zoebsite: wrozo.cupertino.orgl(obbyist. The Cih) of Cupertino has adopted the provisions of Code of Civi( Procedure §1094.6; Litigation challeng'mg a j-mal decisiory of the City Counci( must be brought within 90 days after a decisiort is announced urdess 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 zoithin ten calertdar days of the date the City Clerk mails rxotice of the City's decision. Recortsideration petitions must comply with the requirements of Cupert'mo Municipal Code §2.08.096. Contact the City C(erk's office for more i4ormation or go to http://zozoro.cupertino.org/cih)clerk for a reconsiderahon petition form. h compliance with the Americans zoith Disabilities Act (ADA), anyone zoho is planrting to attend this meetirtg who is visually or hear'mg impaired or has any disability that needs special assistance shoudd call the City Clerk's Office at 408-777-3223, at least 48 hours in advarzce of the meeting to arrange for assistance. In addition, upo;n request, in advance, by a person with a disability, meeting agendas and writ'mgs distributed for the meeting that are pub(ic records zoi7l be made avai7ab7e'm the appropriate alternative format. Arty writings or documents provided to a majority of the Cupertino City Council after publicatiort of the packet will be made available for public inspection in the City Clerk's Office 7ocated at City Hail 10300 Torre Avertue, Cupertino, California 95014, during normal busirtess hours; and ire Counci7 packet archives Linked from the agertda/minutes page on the Cupertino web site. IMPORTANT NOTICE: P4ease be advised that pursuant to Cupert'mo Murticipal Code sectiort 2.08.100 written communications sent to the Cupertirgo City Coycil Commissio;ners or Cify staff concerning a matter on the agertda are included as supplemerttal material to the agertdized 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 i4ormatiort iri written communications to the City that you do not wish to make puMic, as written communications are considered public records and will be made puMicly avai7able 072 the City website. Page 4 CITY OF C{JPE,RTTN0 < ,)"SC-" a-a - 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 commertts 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, July 18 to the Council at citycouncil@cupertino.org. These e-mail comments will also be posted to the Page 1 City Council Agenda July 18, 2023 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: pnline Register in advance for this webinar: https://cityofcupertino.zoom.us/webinar/register/WNaKGfqHdsT2SYjmKpeoAww Phone Dial: 669-900-6833 and enter Webinar ID: 926 1397 9821 (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: 926 1397 9821 SIP: 92613979821@zoomcrc.com After registering, you will receive a confirmation email containing information about joining the webinar. Please read the following instt'uctions 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. Page 2 City Council Agenda July 18, 2023 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. ROLL CALL - 6:00 PM 10300 Torre Avenue, Conference Room C CLOSED SESSION 1. $: Conference with legal counsel - existing litigation pursuant to Government Code § 54956.9 (one case) - California Housing Defense Fund et al. v. City of Cupertino, Santa Clara County Superior Court Case No. 23CV410817 RECESS CALL TO ORDER - 6:45 PM 10350 Torre Avenue, Community Hall and via Teleconference PLEDGE OF ALLEGIANCE ROLL CALL C[OSED SESSION REPORT CEREMONIAL ITEMS - None POSTPONEMENTS AND ORDERS OF THE DAY ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the Cormci7 07? any matter within the jurisdiction of the Cormcil and not 07? the agenda for discussion, including informational items. The tota! time for Oral Commtmications wi(L ordinarily be limited to o;ne liour. Individua7 speakers are Limited to three (3) mimttes. As ;necessary, the Chair may fitrther limit the time allowed to individual speakers, or reschedule rema'tning commertts to the ertd of the meeting on a first come first heard basis, with priorih) given to students. In most cases, State 7aw wil7 prohibit the Council from discussing or making any decisions with respect to a matter not Listed 07? 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 informatio;n, request staff to report back concerning a matter, or request tliat an item be added to a fitture City Counci7 agertda in response to pub(ic commertt. Page 3 City Council Agenda July 18, 2023 CONSENT CALENDAR (Items 2-9) Items appearing on the Consent Calendar are considered routine Cih) business and may be approved by one motion. Typical items may include meeting minutes, awards of contracts, the ratification of acco'vmts payable, and second readings of ordinances. Arty member of the Co;imci7 may request to have a;n item removed from the Consent Ca(endar based 07? the rtdes set forth in the City Council Procedures Mamtal. Members of the public may provide input 07? one or more consent calertdar items whert the Mayor asks for public comments 07? the Consent Calendar. 2. $: Consider approval of the July 6 City Council minutes Recommended Action: Approve the July 6 City Council minutes A - Draft Minutes 3.$: Consider ratifying Accounts Payable for the periods ending June 2, 2023; June 9, 2023; June 16, 2023; June 23, 2023; and June 30, 2023. Recommended Action: A. Adopt Resolution No. 23-085 ratifying Accounts Payable for the Period ending June 2, 2023; B. Adopt Resolution No. 23-086 ratifying Accounts Payable for the Period ending June 9, 2023; C. Adopt Resolution No. 23-087 ratifying Accounts Payable for the Period ending June 16, 2023; D. Adopt Resolution No. 23-088 ratifying Accounts Payable for the Period ending June 23, 2023; and E. Adopt Resolution No. 23-089 ratifying Accounts Payable for the Period ending June 30, 2023. Staff report A - Draft Resolution 6.2.23 B - Weekly AP Payment Register for the Period Ending 6.2.23 C - Draft Resolution 6.9.23 D - Weekly AP Payment Register for the Period Ending 6.9.23 E - Draft Resolution 6.16.23 F - Weekly AP Payment Register for the Period Ending 6.I6.23 G - Draft Resolution 6.23.23 H - Weekly AP Payment Register for tlie Period Ending 6.23.23 I - Draft Resolution 6.30.23 l - Weekly AP Payment Register for the Period Ending 6.30.23 4.$: Consider a second reading and act on Ordinance No. 23-2249, amending Municipal Code Chapter 2.100 (Regulation of Lobbying Activities) Recommended Action: Conduct a second reading and enact 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) A - Draft Ordinance Page 4 City Council Agenda July 18, 2023 $: Consider authorizing the City Manager to execute the Fourth Amendment to the recreation agreement with Red Line Gymnastics LLC, DBA Bay Aerials Gymnastics, a Limited Liability Company for Gymnastics Classes and Programs Recommended Action: Authorize the City Manager to execute a Fourth Amendment to the recreation agreement with Red Line Gymnastics LLC, DBA Bay Aerials Gymnastics, a limited liability company, increasing the amount by $643,028.80 for a total amount not to exceed $817,028.80 and extending the term of the agreement to December 31, 2026 Staff Report A - Bay Aerials Gymnastics Agreement, First, Second, and Third Amendments B - Draft Fourth Amendment $: Award of a construction contract for the Blackberry Farms Pool Improvements Project to Adams Pool Solutions for replastering the pools Recommended Action: 1. Award a construction contract for the Blackberry Farms Pool Improvements Project (Project No. 2022-107P) in the amount of $320,609.25 to Adams Pool Solutions; 2. Authorize the City Manager to execute the contract when all conditions have been met; and 3. Authorize the Director of Public Works to execute any necessary construction change orders up to a construction contingency amount of $32,060.93 (10%) for a total contract amount of $352,670.18 Staff Report A - Draft Contract $: Annual Evaluation Report on the Federal Emergency Management Agency (FEMA) Community Rating System's (CRS) Program for Public Information Recommended Action: Adopt Resolution No. 23-090 accepting the Annual Evaluation Report for Fiscal Year (FY) 2023 (year two) of the 2021 Santa Clara County Multi-Jurisdictional Program for Public Information Staff Reoort A - Draft Resolution B - Annual Evaluation Report for FY 23 $: Acceptance of $3,205,620 in the Highway Safety Improvement Program (HSIP) grant funding from the State of California (State) for improving safety on 17 roadway segments in the City of Cupertino Recommended Action: 1. Adopt Resolution No. 23-091 accepting $3,205,620 in HSIP grant funding from the State of California for safety improvements on 17 roadway segments in the City of Cupertino; and 2. Authorize the City Manager to execute all documentation necessary to accept the grant funding Page 5 City Council Agenda July 18, 2023 Staff Report A - Draft Resolution 9.$: Cost sharing agreement between the City of Cupertino and the Midpeninsula Regional Open Space District for the Cristo Rey Bike Lanes Project Recommended Action: 1. Authorize the City Manager to negotiate and execute a cost sharing agreement between the City of Cupertino and the Midpeninsula Regional Open Space District for the Cristo Rey Bike Lanes Project; and 2. Adopt Resolution No. 23-092 approv'mg budget modification #2324-295, increasing appropriations in the Capital Improvement Program Capital Projects Fund (420-99-036) by $30,000 and Capital Reserve (429-90-001) by $30,000, transferring $15,000 funds from the Capital Reserve to Capital Improvement Program Capital Projects Fund (420-99-036) and increasing estimated revenues by $15,000 Staff Report A - Draft Agreement B - Draft Resolution PUBLIC HEARINGS Effective January 1, 2023, Government Code Section 65103.5 (SB 1214) Limits the distribution of copyrighted materia7 associated with the review of developme;nt projects. Members of the public wishing to view plans that camot otherwise be distributed vmder SB 1214 may malce an appointment with the P(amting Divisio;n to view them at City Hal7 by sending an email to planning@cupertino.org. PJans wil7 also be made available digitally during the hearing to consider the proposaL 10. $: Hearing to consider approval of lieu assessment and collection of fees on private parcels resulting from abatement of public nuisance (weeds and/or brush) for the annual Weed and Brush Abatement Programs and accompanying budget appropriation request Recommended Action: 1. Conduct public hearing to consider objections from any property owners listed on the assessment report; 2. Adopt the Resolution No. 23-093 approvmg the lien assessment and collection of fees on private parcels for the annual Weed and Brush Abatement Programs; and 3. Approve budget appropriations of $7,454 in the General Fund (100-13-133 480-401) to fund properties that passed the initial inspection Presenter: Kirsten Squarcia, City Clerk A - Draft Resolution and Exhibit A B - Assessment Report (Exhibit A) C - Passed Inspection Report D - Adopted Resolution Ordering Abatement E - City Mailed Hearing Notice F - November 2. 2020 Minutes Page 6 City Council Agenda July 18, 2023 23-094 approving FY 2023-24 Fee and Schedules B and C effective 11. $: Fiscal Year (FY) 2023-24 Fee Schedule Update Recommended Action: Adopt Resolution No. 23-094approving effective July 19, 2023, and Schedules B aSchedules A. D. and E September 17, 2023 Presenter: Jonathan Orozco, Finance Manager A - FY 2023-24 Proposed Fee Schedule A - General (Redline) B - FY 2023-24 Proposed Fee Scliedule B - Engineering (Redline) C - FY 2023-24 Proposed Fee Schedule C - Planning (Redline) D - FY 2023-24 Proposed Fee Schedule D - Building (Redline) E - FY 2023-24 Proposed Fee Schedule E - Parks & Recreation (Redline) F - FY 2023-24 Proposed Fee Schedule A - General (Clean) G - FY 2023-24 Proposed Fee Schedule B - Engineering (Clean) H - FY 2023-24 Proposed Fee Scliedule C - Planning (Clean) I - FY 2023-24 Proposed Fee Schedule D - Building (Clean T - FY 2023-24 Proposed Fee Schedule E - Parks & Recreation (Clean) K - User Fee Study 2016 L - Draft Resolution No. 23-XXX approving FY 2023-24 Fee Schedules A, B, C, D, and E ACTION CALENDAR 12. $: Consider scheduling a Council agenda item to update the FY 23-25 City Work Program to include an item relating to the Noise Ordinance Recommended Action: Direct staff to 1) proceed or 2) not proceed with necessary analysis regarding preparing an update to the FY 23-25 City Work Program Presenter: Pamela Wu, City Manager Staff Report 13. $: Consider taking a position in support of, in opposition to, or otherwise regarding or in response to Senate Bill 403, amending the Unruh Civil Rights Act to clarify that existing state law prohibitions on discrimination based on ancestry prohibit discrimination based on caste or other inherited status Recommended Action: Consider taking a position in support of, in opposition to, or otherwise regarding or in response to Senate Bill 403, amending the Unruh Civil Rights Act to clarify that existing state law prohibitions on discrimination based on ancestry prohibit discrimination based on caste or other inherited status Presenter: Christopher Jensen, City Attorney Staff Reoort A - Senate Bill 403 B - SB 403 Assembly Judiciary Bill Summary COUNCIL REPORTS AND COMMENTS 14. $: Councilmember Reports Page 7 City Council Agenda July 18, 2023 Council Report, Fruen Council Report, Mohan Council Report, Wei CITY MANAGER REPORT ORA[ COMMUNICATIONS - CONTINUED INFORMATIONAL ITEMS Information items are 'mtended to provide baclcgrormd information and routine reports to Co'bmcilmembers and the public, without discussio;n by Cormcil. Members of the public wishing to comment on'mformational items should do so during oral commrmications. 15.$: Legislative Process and Bill Watch List Recommended Action: Receive update on Legislative Process and Bill Watch List Informational Memorandum A - Resolution No. 23-026 B - Bill Watch List 16. $: FY 2022-2023 City Work Program Fourth Quarter Update Recommended Action: Receive FY 2022-2023 City Work Program Fourth Quarter Update Informational Memorandum A - FY 22-23 City Work Program 04 Dashboard Printout 17.$: Streetlight Transition Assessment Report Recommended Action: Receive the Streetlight Transition Assessment Information Report Informational Memorandum A - Streetlight Transition Assessment Report B - LED Streetlight Fixture Pilot Report C - Memo to Council Re: Pilot LED Installations 18. : Receive the Monthly Treasurer's Report for June 2023 Recornrnended Action: Receive the Monthly Treasurer's Report for June 2023 A - Report of City-wide Receipts, Disbursements, and Cash Balances June 2023 B - Report of City-wide Fund BalancesNet Position Ju"ie 2023 19. $: Receive the Monthly Treasurer's Investment Report for June 2023 Recommended Action: Receive the Monthly Treasurer's Investment Report for June 2023 A - Chandler Investment Report June 2023 Page 8 City Council Agenda July 18, 2023 COUNCIL AND ST AFF COMMENTS AND FUTURE AGENDA ITEMS ADJOURNMENT Lobbyist Registration and Reporting Requirements: Individuals who influence or attempt to influe;nce Legislative or adm'mistrative actio;n may be required by the Cih) of Cupertino's lobbying ord'mance (Cupertino M;bmicipa7 Code C7iapter 2.100) to register and report lobbying activiti). Persons whose communications regarding any Legislative or administrative are so(ely limited to appearing at or submitting testimony for any public meeting hedd by the Cih) are not required to register as lobbyists. For more information about the lobbying ordinance, please contact t7ie Cih) Clerk's Office at 10300 Torre Avemie, Cupert'mo, CA 94107; telep7ione (408) 777-3223; email cih)clerk@cupertino.org; and website: www.cupertino.org/lobbyist. The Cih) of Cupertino has adopted the provisions of Code of Civi7 Procedure §1094.6; litigation cliallengi;ng a fina7 decision of the City Council must be brought wit7iin 90 days after a decision is a;nnormced rtrdess a shorter time is required by State or Federa7 Law. Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must fde a petition for reconsideration zoith'm ten calendar days of t7ie date the City Clerk mails ;notice of the City's decision. Reconsideration petitions must comply zoith t7ie requirements of Cupertino Municipa( Code §2.08.096. Contact the City C7erk's office for more information or go to http://www.cupertino.org/cih)clerk for a reconsideration petition form. 17? complia;nce with the Americans with Disab'dities Act (ADA), anyone who is plan;ning to attend this meeting who is visually or hearing impaired or has any disability that needs special assistance shotdd cau the Cih) Clerk's Office at 408-777-3223, at least 48 hours in advance of the meeting to arrange for assistance. Irt addition, upon request, in advance, by a person witli a disabilih), meeting age;ndas and writings distributed for the meeting that are public records w'd7 be made available in the appropriate a'Lternative format. Any writings or documents provided to a majority of the Cupertino City Co't,mcil after publication of the packet will be made avai(ab7e for public inspection in the Cih) Clerk's Office Located at Cih) Hall 10300 Torre Avenue, Cupertino, California 95014, during norma7 business hours; and in Counci7 packet archives Linked from the agenda/mimttes page on tlie Cupertino web site. IMPORTANT NOTICE: Please be advised that pursuant to Cupertino rAtmicipal Code section 2.08.l00written comrmmications sertt to the Cupertino Cih) Cormcil Commissioners or City staff concerning a matter 07? 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 perso;nal or private information 7:72 written communications to the City that you do not wish to make public, as written communications are considered public records and wil7 Page 9 City Council Agenda July 18, 2023 be made publicly available 07? the Cih) website. Page 10 THECITYCOUNCIL ANDSTAFF 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 l 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=l25 for a reconsideration petition form. COMMUNICATINGWITHCOUNCIL j All Council members: citycouncil@cupertino.org HungWei HWei@cupertino.org (408)777-3139 Sheila Mohan SMohan@cupertino.org (408) 777-1326 Liang Chao LiangChao@cupertino.org (408) 777-3192 J.R. Fruen JRFruen@cupertino.org (408) 777-1316 KittyMoore KMoore@cupertino.org (408)777-1389 Executive Assistant Debran@cupertino.org (408) 777-3212 CityHall 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) 7:00p.m. Saturday (replay) 9:00a.m. INTERNET City Council and Planning Commission videos are available on demand at www.cupertino.org. Select "l 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. I USEFUI TEIEPHONE 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 RecologySouthBay (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 SanJoseWater (408)279-7900 CaliforniaWater (650)917-0152 STATE OF CALJF()fl-". iA CITY OF CUPERTINO POSTED Tl-{E NC)KC.'E;AGENDA ON TJ-18 BULLETiN BOAR CiTY HALL. IN PERSON AND TELECONFERENCE MEETING For more information: (408) 777-3200 I www.cupertino.org CONDUCTOFBUSINESS i 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 resu,It 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 yourse(f is voluntary and not required to attend the meeting or provide comments. FLOWCHART FOR HEARING ITEMS: Mayor introduces agenda item - + (Mayoropensthepublichearin"4 VcloQllu+.nc,irim,ell+mQpl;prs,,rempmo"11naln,y.+slnitne_ . I - - - -- - -- -- - = - I + StaffrerWpmorkmseannodat7onakes # qCuoeusntcoilnmsembersaskclarifying I + ApplicantorAppellant % Forappealsofapprovals,the makes presentation 7 applicant mad respond tO (up to 8 mi(l) ' l appellants presentation. + Councilmembers ask questions of staff or applicanUappellant + Mayorinvitesmembersof % SpeakerssubmitaRequesttoSpeak the public to speak about i card, and are allowed up to 3 minutes , the agenda item i per individual. Council members may I ask questions of speakers. , Mayorinvites I applicant/appellant to respond to public comments (2 min) " ' + (Mayorclosesthepublichearin)g ' + I City'!unc'ilv7teson' <-d TahseecMoan'ooa5tmearythreeqcuioesse'aotmthoe"opnubainicd ' 1 tlle agenda item . I hearing. Council then deliberates and ' l votes. I 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.orH, 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 for a reconsideration petition form. iia*ias**ai*-alaja*as*sasaasaaimtaauata CITY OF CUPERTINO AGENDA CITY COUNCILCUPERTINO 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 :OO 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 CityCouncil Agenda July6,2023 the Council at citycouncil@cupertino.org. These e-mail comments wili 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/WN7xgBIlRSxetH6tquSq74Q 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 ROtL CALL - 5:00 PM 10300 Torre Avenue, Conference Room C CLOSED SESSION 1. $: Conference with Labor Negotiators pursuant to Government Code § 54957.6 (Kristina Alfaro and Christopher Bouier) 2. $: Public Employee Performance Evaluation (Gov. Code S, 54957(b)(1)); Title: City Attorney 3. $: Public Employee Performance Evaluation (Gov. Code FB 54957(b)(1)); Title: City Manager RECESS OPEN SESSION CALL TO ORDER - 8:00 PM 10350 Torre Avenue, Community Hall and via Teleconference PLEDGE OF AI,LEGIANCE RO[L CALL CLOSED SESSION REPORT Page 3 City Council Agenda July 6, 2023 CEREMONIAL ITEMS 4.$: Presentation from Midpei-iiiisula 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.$: 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 Recornrnended Action: Remove this item from the agenda since there are no properties reported as being non-compliant in removing brush 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 persorts zoishirtg to address the Courtc'd on any matter roithin the jurisdiction of the Council arid not on the agenda for discussion, includirtg informational items. The tota7 time for Oral Communications'xo'dl 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 ertd of the meeting ort a first come first heard basis, with priority given to students. In most cases, State law wi77 prohibit the Counci7 from discussing or mak'mg any decisiorts with respect to a matter not listed on the agenda. A courtcilmember may, however, briefly resportd to statements made or questions posed by speakers. A councilmember may also ask a question for c(arification, provide a referertce for factua7 informatiort, request staff to report back cortcerning a matter, or request that an item be added to a future City Council agenda irt response to public comment. CONSENT CALENDAR (Items 6-12) Items appearing on the Consent Calertdar 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 payab7e, and second readirtgs of ordirtances. Any member of the Council may request to have an item removed from the Consent Calendar based on the rules set forth irt the Cih) Council Procedures Manual Members of the public may provide'mput on one or more cortsertt calendar items whery the Mayor asks for public comments on the Consent Calendar. 6. $: 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. $: Consider approval of the June 21 City Council rni'iiutes Recommended Action: Approve the June 21 City Council minutes A - Minutes Consider the adoption of City Council Grant Policy Recommended Action: Adopt Resolution No. 23-081 approving the City Council Grant Policy A - City Coincil Grant Policy B - Grant Authority and Reporting Matrix C - Draft Resolution $: 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 Rei:iort A - Draft Agreement 10. $: 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. $: Award a construction contract for the Regnart Road Improvements Phase I 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 amoiu"it of $1,290J20 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 bud(3,et modification #2324-285, increasing appropriations in the Capital Improvement Program Capital Projects Fund (420-99-068) and the Capital Reserve (429-90-001) by $8761765.99, and transferring said funds from the Capital Reserve to Capital Improvement Program Capital Projects Fund (420-99-068) A - Draft Resolution B - Draft Contract C - Project Manual D - Project Drawings E - Project Addendum I F - Project Addendtim 2 12. $: 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, h"ic. using pricing established through the National Purchasing Partriers; 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 Repoort A - Representation of Proposed Playgroind Eqriipment B - Draft Contract PUBLIC HEARINGS - None Effective Jartuary 1, 2023, Government Code Section 65103.5 (SB 1214) limits the distribution of copyrighted materia7 associated with the review of developmertt projects. Members of the pub(ic wishing to view p7ans that cartnot otherwise be distributed tmder SB 1214 may make an appointment with the Planrting Division to viezo them at City Hail by sendirtg an email to planning@cupert'mo.org. Plans wil7 also be made available digitauy during the hearing to cortsider the proposal. Page 6 City Council Agenda July 6, 2023 ACTION CALENDAR 13. $: Introduction of Ordii"iaiice No. 23-2249, amendii'ig Muincipal Code Cliapter 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 (dean) B - Draft Ordinance Amending Chapter 2.100 (blackline) 14. $: Consider actions for the surplus determination and disposal of 10301 Byme Avenue, Assessor Parcel Number (APNI 357-11-020 RecommendedAction: 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 (Attadunent 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 A - 10301 Byme Ave - Plat And Legal Description B - Resohition Byrne Surplus C - 10301 Byiwe Ave Aerial 15. l: 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 A - Draft Resolution COUNCIL REPORTS AND COMMENTS 16. $: Councilmember Reports Cou-icil Report, Friien Council Report, Moore Coincil Report, Mohan Coincil 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 irtformation and routirie reports to Courtcilmembers arid the pub(ic, without discussion by Council. Members of the public wishing to comment 072 informational items should do so during ora7 comm'tmications. COUNCIL AND ST AFF COMMENTS AND FUTURE AGENDA ITEMS ADJOURNMENT Lobbyist Registration and Reporting Requiremertts: Individuals who i4uence or attempt to i4uence Legislative or administrative action may be required by the Cih) of Cupertino's Iobbying ordirtance (Cupertirto Municipa7 Code Chapter 2.100) to register arxd report lobbying activity. Persons whose communications regard'mg any legislative or admirtistrative are solely limited to appearirtg at or submitti;ng testimony for any public meeting herd 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, Cupert'mo, CA 94207; telephone (408) 777-3223; email cityclerk@cupertino.org; and website: roww.cuperti;no.org/Iobbyist. The City of Cupertino has adopted the provisions of Code of Civi7 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 lava. Prior to seeking judicial review of any adjudicatory (quasi-judicial) decisiorx, interested persons must file a petition for reconsideratiorx 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/cih)clerk for a reconsideratton petition form. bat compliance with the Americans with Disabilities Act (ADA), anyone zt.iho is plamtirxg to attertd this meeting who is visually or hearing impaired or has any disability that needs specia7 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, uporx request, in advance, by a person voith a disability, meeting agendas and writings distributed for the meeti;ng that are public records will be made available in the appropriate alterrtative format. Arty voritings or documents provided to a majority of the Cuperti;no Cih) Counci[ after publicatiory of the packet wil7 be made available for public inspection in the City Clerk's Office Located at City Hall 10300 Torre Avenue, Cuperti;no, Ca(ifornia 95014, dur'tng norma7 bus'mess hours; and in Courtci7 packet archives Linked from the agertda/minutes page ort the Cupertino web site. IMPORTANT NOTICE: Please be advised that pursuant to Cupertirto Municipal Code section Page 8 CityCouncil Agenda July6,2023 2.08.l00written communications sent to the Cupertino City Couricil, Conwissioners or Citay staff concerning a matter oyi t)ie agenda are included as supplementa7 material to the agendized item. These writteyi commurtications are accessiMe to the public through the City's website and kept irx packet archives. Do not include any personal or private information in roritten commurticatiorxs to the City that you do not zoish to make public, as written communications are considered public records and zoill be made publicly ava'dable ort the Cih) zoebsite. Page 9 I THECITYCOUNCIL ANDSTAFF 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, SustainabilityCommission,TeenCommission,and Technology,Information,andCommunicationsCommission. 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 - SCCTransportation 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 Cupemno 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=l25 for a reconsideration petition form. COMMUNICATING WITH COUNCIL All Council members: citycouncil@cupertino.org HungWei HWei@cupertino.org (408)777-3139 Sheila Mohan SMohan@cupertino.org (408) 777-1326 Liang Chao LiangChao@cupertino.org (408) 777-3192 J.R. Fruen JRFruen@cupertino.org (408) 777-1316 Kitty Moore KMoore@cupertino.org (408) 777-1389 Executive Assistant Debran@cupertino.org (408) 777-3212 CityHall www.cupertino.org (408)777-CITY Please note: the City Council discourages submission of written materials on the day of the meetinz 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 i 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 RecologySouthBay (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 SanJoseWater (408)279-7900 CaliforniaWater (650)917-0152 ST7-X""ai-'L"0' C'z":t-i -' -------- ----13rJlJJEl 'r CKTY N-J.:i,.L.I Wednesday, June 21, 2023 PUBLIC HEARINGS WILL NOT BEGIN EARLIER THAN 6:45 PM Special Televised Meeting IN-PERSON AND TELECONFERENCE / PUBLIC PARTICIP ATION 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. 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. 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. Members of the audience who address the City Council must come to the lectern/microphone, and are requested to complete a Speaker Card and id-entify 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 the meeting by 4:00 p.m. on Wednesday, June 21 to the Council at Page I CityCouncil Agenda June21,2023 citycouncil@cupertino.org. These e-mail comments will also be posted to the City's website before and after the meeting. Teleconferencing Instructions To address the City Council, click on the Iink below to register in advance and access the meeting: Online Register in advance for this webinar: https://cityofcupertino.zoom.us/webinar/register/WNTLr55ghDQmWwpOope6eCUQ Phone Dial: 669-900-6833 and enter Webinar ID: 990 0761 5912 (Type '9 to raise hand to speak, '6 to unmute yourself). Unregistered participants will be called on by the Iast four digits of their phone number. Or an H.323/SIP room system: H.323: 162.255.37.:Ll (US West) 162.255.36.11 (US East) Meeting ID: 990 0761 5912 SIP: 99007615912@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 Jiuie 21, 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 Wednesday, June 21, 2023, commencing at 5:00 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." SPECIAL MEETING CALL TO ORDER - 5:00 PM PLEDGE OF ALLEGIANCE ROLL CALL CLOSED SESSION REPORT - None CEREMONIAL ITEMS - None ACTION CALENDAR 1.$: Consider the Memorial Park Specific Plan conceptiial design Recommended Action: Staff recommends the City Council to: 1. Receive the Memorial Park Specific Plan design updates; 2. Confirm the Memorial Park Specific Plan design direction of the Conceptual Plan; and 3. Proceed with the Memorial Park Specific Plan schematic design. Presenter: Susan Michael, Capital Improvement Programs Manager A - MPSP Preferred Draft Concept 06-01-2023 B - MPSP Rorind 2 Survey Results C - PRC A&uites 02-02-2023 D - BPC Minutes 02-23-2023 E - Parks and Recreation Commission Inprit 06-01-2023 POSTPONEMENTS AND ORDERS OF THE DAY Page 3 City Council Agenda June 21, 2023 ORAL COMMUNICATIONS This portion of the meetirxg is reserved for persorts wishing to address the Council on any matter within the jurisdiction of the Cotmci7 and not on the agenda for discussion, inc7ud'mg informational items. The total time for Oral Communicatiorxs will ordirtari7y be limited to one hour. Individual speakers are limited to three (3) mirtutes. As rtecessary, the Chair may further limit the time allowed to'mdividua[ speakers, or reschedule remaining comments to the end of the meeting ort a first come first heard basis, with priority given to students. h most cases, State law will prohibit the Courycil from discussing or making arty 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 ([Sk a question for clarification, provide a reference for factual i;nformation, request, staff to report back concernirtg a matter, or request that an item be added to a future City Counci7 agenda in resportse to public comment. CONSENT CALENDAR (Items 2-9) Items appearing 072 the Consent Calertdar are corxsidered routine City bus'mess and may be approved by one motion. Typical items may include meeting m'mutes, awards of corxtracts, the ratification of accounts payable, and secortd readings of ordinances. Any member of the Cotmcil may request to have an item removed from the Cortsent Ca7endar based on the rules set forth irt the City Council Procedures Manual. Members of the public may provide input ort orte or more conserxt calendar items when the Mayor asks for public comments on tlie Consent Calendar. 2.l: Consider a Joint Policy Framework Agreement Regarding the Restoration and Potential Future Development of the Lehigh Quarry Property between the City of Cupertino and Santa Clara County Recommended Action: Authorize the City Manager to execute a Joint Policy Framework Agreement Regarding the Restoration and Potential Future Development of the Lehigh Quari7 Property between the City of Cupertino and Santa Clara County A - Lel'iigh 0uarry Parcel Map B - Joint Policy Framework Agreement Regarding the Restoration aitd Potential Future Development of the Lelngli Quarry Property 3.$: Consider approval of the June 6 City Council minutes Recoinmended Action: Approve the June 6 City Council minutes A - Draft Minutes 4. l: Consider ratifying Accounts Payable for the periods ending May 5, 2023; May 12, 2023; May 19, 2023; and May 26, 2023 Page 4 City Council Agenda June 21, 2023 Recommended Action: A. Adopt Resolution No. 23-071 ratifying Accounts Payable for the Period ending May 5, 2023; B. Adopt ResoMion No. 23-072 ratifying Accounts Payable for the Period ending May 12, 2023; C. Adopt Resolution No. 23-073 ratifying Accounts Payable for the Period endif'ig May 19. 2023: and D. Adopt Resolution No. 23-074 ratifying Accounts Payable for the Period ending May 26. 2023 A - Draft Resolution 5.5.23 B - Weekly AP Payment Register for the Period Ending 5.5.23 C - Draft Resolution 5.12.23 D - Weekly AP Payment Register for the Period Ending 5.12.23 E - Draft Resolution 5.19.23 F - Weekly AP Payment Register for tlie Period Ending 5.19.23 G - Draft Resolution 5.26.23 H - Weekly AP Payment Register for the Period Ending 5.26.23 l: Consider authorizing the City Manager to execute a Second Amendment to the Professional Services Agreement with Moss Adams, LLP Recommended Action: Authorize the City Manager to execute a Second Amendment to the Professional Services Agreement with Moss Adams, LLP for continued internal auditor services, extending the current contract term by three years to Jine 30, 2026, and increasing the total contract amount to $500,000 ($100,000 annually) Staff reoort A - Moss Adams, LLP Agreement B - Moss Adams, LLP First Amendment C - Draft Second Amendment Consider authorizing the City Manager to execute a Professional Services Agreement with The Pin Group, LLP for professional auditing services RecornrnendedAction: 1. Award a Professional Services Agreement for auditing services from June 2023 through June 2025 in a total not to exceed contract amount of $420,859, with an option to extend the contract for two additional years in the amount of $316,813 for a total contract amount of '3p737,672, to The Pin Group, LLP; 2. Authorize the City Manager to execute a Professional Services Agreement with The Pun Group, LLP, when all conditions have been met; and 3. Authorize the City Manager to extend the contract for up to two years A - Draft Agreement 7. l: Consider To Be Determined list ("TBD List") of agenda items requested by City Councilmembers Page 5 City Counciluncil Agenda June 21, 2023 Recommended Action: Review the TBD List and modify the list as recommended below 8. $: Consider approval of tlie May 16 City Council minutes (Continued from June 6, 2023) Recommended Action: Approve the May 16 City Council minutes A - Draft Minutes Receive the FY 2021-22 Annual Comprehensive Financial Report (ACFR) and related supplemental reports (Continued from June 6, 2023) Recommended Action: Receive the FY 2021-22Annual Comprehensive Financial Report (ACFR) and related supplemental reports A - FY 2021-22 ACFR B - FY 2021-22 Management Letter C - FY 2021-22 SAS 114 D - FY 2021-22 Single Audit E - FY 2021-22 GANN AUP Report F - FY 2021-22 Investment AUP Report G - FY 2021-22 Storm Draiii AUP Report H - Responses to ACFR 0uestions l- ACFR Supplemental Staff Report from 6.6.23 Council Meeting PUBLIC HEARINGS Effective January 1, 2023, Governmerxt 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 urxder SB 1214 may make (27! appoi;ntment with the P7artrting Division to view them at City Hal'L by sertdirxg an email to plann'mg@cupertino.org. Plans wi(( also be made available digitally during the hearing to consider the proposal. 10. $: Consider a proposed mixed-use redevelopment project consisting of 34 residential units and approximately 7,482 square feet of commercial space. Project includes the removal and replacement of 51 development trees and a range of site and landscape improvements. Consider the adoption of a Mitigated Negative Declaration for the project, which includes the following discretionary approvals: Application Numbers TM-2021-003, ASA-202I-004, DP-2021-002, U-2021-001, TR-2022-006, EA-2022-005. Applicant(s): Carlson Chan (Prospect Venture LLC); Location: 1655 S. De Anza Blvd., APNs 366-10-061, -126. Page 6 City Council Agenda June21,2023 Staff recornrnends that the City Corincil adopt the ResolutionsRecommended Action: (Attachments A-F) to: 1. Adopt Resolution No. 23-075 adopting the Mitigated Negative Declaration (EA-2022 -005) 2. Adopt Resolution No. 23-076 approving the Development Permit (DP-2021-002) 3. Adopt Resolution No. 23-077 approving the Architectural and Site Approval Permit (ASA-2021-004) 4. Adopt Resolution No. 23-078 approving the Use Permit (U-2021-001) 5. Adopt Resolution No. 23-079 approving the Tentative Map (TM-2021-003); and 6. Adopt Resolution No. 23-080 approvmg the Tree Removal Permit (TR-2022-006) Presenter: Gian Martire, Senior Planner A - Draft Resolution for EA-2022-005 B - Draft Resohttion for DP-2021-002 C - Draft Resolution for ASA-2021-004 D - Draft Resolution for U-2021-001 E - Draft Resolution for TM-2021-003 F - Draft Resolution for TR-2022-006 G - Planning Commission Resolution 2023-08 (EA-2022-005) H - Plaru'iing Commission Resolution 2023-09 (DP-2021-002) I - Planning Commission Resolution 2023-10 (ASA-2021-004) T - Plaiwing Commission Resotution 2023-11 (TM-2021-003) K - Planning Commission Resolution 2023-12 (U-2021-001) L - Planning Commission Resolution 2023-13 (TR-2022-006) M - Letter from Brandon Airoli, of Propriis dated Marcli 9, 2021 N - BMR Program 1655 S De Anza Blvd Cupertino Project, Brandon Arioli 0-1655 South De Anza Borilevard Mixed-Use Project Initial Study, Final IS/MND, May 2023 P - Response to Comment Memorandum, Dated May 15, 2023 0 - Site Plan and Renderings R - Public Comment COUNCIL REPORTS AND COMMENTS 11. l: Councilmember Reports Council Reports, Fruen Corincil Reports, Moore Council Reports, Mohan Corincil Reports, Wei CITY MANAGER REPORT ORAL COMMUNICATIONS - CONTINUED INFORMATIONAL ITEMS Information items are intertded to provide background information and routirxe reports to Councilmembers and the public, zoithout discussion by CounciL Members of the public wishing to Page 7 CityCouncil Agenda comment on i4ormational items should do so during oral commwicahorxs June 21, 2023 12. $: Receive the MontMy Treasurer's Report for May 2023 Recommended Action: Receive the Monthly Treasurer's Report for May 2023 A - Report of City-wide Receipts, Disbursements, aiid Cash Balances May 2023 B - Report of City-wide Fund BalancesNet Position May 2023 13. $: Receive the MontMy Treasurer's Investment Report for May 2023 Recornrnended Action: Receive the Monthly Treasurer's Investment Report for May 2023 A - Cliandler hwestment Report May 2023 COUNCIL AND ST AFF COMMENTS AND FUTURE AGENDA ITEMS ADJOURNMENT Lobbyist Registration arid Reporting Requirements: Individuals who i4ue;nce or attempt to influence legislative or admirtistrative action may be required by the City of Cupertino's lobbying ordinance (Cupert'mo M;bmicipal Code Chapter 2.100) to register arid 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 7obbyists. For more information about the lobbying ordi;+zance, please contact the City Clerk's Office at 10300 Torre Avertue, Cupertino, CA 94107; telepho;ne (408) 777-3223; email cityclerk@cupertino.org; artd website: www.cupertirto.org/7obbyist. The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6; 7itigation challenging a final decision of the City Council must be brought within 90 days after a decision is annormced urdess a shorter time is required by State or Federa( Law. Prior to seelcing judicial review of any adjudicatory (quasi-judicial) decisio;+z, interested persons must file a petition for reconsideratiort within ten ca)ertdar days of the date the City Clerk maids notice of the City's decision. Reconsideration petitions must comply with the requirements of Cupertirto Municipal Code §2.08.096. Contact the Cih) Clerk's office for more i4ormation or go to htfp://www.cupertirto.org/cityclerlc for a reconsideratzort petition form. bt compliartce with the Americans roith Disabilities Act (ADA), anyorxe who is p7anrting to attend this meeting who is visually or hearing impaired or has arty disability that needs special assistance shouU call the City Clerlc'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 witli a disability, meeting agertdas and writings distributed for the meeting that are public records will be made available in the appropriate alternative format. Page 8 City Council Agenda June 21, 2023 Any writ'mgs or documents provided to a majority of the Cupertino City Council after publication of the packet wil7 be made available for public inspection'm the Cih) Clerk's Office Located at City Hall, 10300 Torre Avenue, Cupertino, California 95014, during normal business hours; artd in Counc'd packet archives l'mked from the agertda/m'mutes page 07? the Cupertino web site. IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Mrmicipal Code section 2.08.l00zoritten communications sent to the Cupertirxo Cih) Co'bmcil Commissioryers or Cih) staff concern'mg a matter on the agenda are inclu,ded as supplemental materia7 to the agendized item. These zoritten communications are accessible to the public through the City's website and lcept in packet archives. Do not include any persona7 or private information'm writtert communications to the City that you do not wish to make public, as written communications are considered puMic records and will be made publicly available ort the Cih) website. Page 9 THECITYCOUNCIL ANDSTAFF 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 I - SCC Library District - SCC Emergency Preparedness Commission - Santa Clara Valley Water Commission and Water District SCCTransportationAuthoritym - 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 (4o 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. RESOIUTIONS 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 j2.08.096. Contact the City Clerk's office for more information or gp to www.http://www.cupertino.org/index.aspx?page=l25 for a , reconsideration petition form. -= ==-===-==--= --- --= - -=--== =.- ===-== = - =--- n..nl uii iuuniil iii xi ==- === = == = = = = =-=-- = -=-=- - -= - -----li === -=--==iii +h==-= - A-=-----=-=--- - -= === = =---.--...............-.-...- -.. .....----1 COMMUNICATINGWITHCOUNCIL i All Council members: citycouncil@cupertino.org HungWei HWei@cupertino.org (408)777-3139 Sheila Mohan SMohan@cupertino.org (408) 777-1326 LiangChao LiangChao@cupertino.org (408) 777-3192 J.R. Fruen JRFruen@cupertino.org (408) 777-1316 Kitty Moore KMoore@cupertino.org (408) 777-1389 Executive Assistant Debran@cupertino.org (408) 777-3212 CityHall www.cupertino.org (408)777-CITY Please note: the City Council discourages submission of written materials on the day of the meetinz 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 I 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 ' serviceannouncements,andotherprogramsofcommunityinterest,onChannel26inCupertino. Themeetings are shown at these times: Tuesday (live) 6:45 p.m. Friday (replay) 10:00 a.m. Thursday (replay) 7:00p.m. Saturday (replay) 9:00a.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 i https://www.instagram.com/cityofcupertino I I AUDIO I Tune into Radio Cupertino, 1670 AM, for meeting announcements, public service messages, and emergency annou ncements. ninuiviiiiiiiiiaiauuaiiii+xiixanixniiiniiinuiiuniiiiiiumaiiivniiimuiixuiu+iivuaaiixiiinuaviininiiiiiiinnuiinnuimiim m*tiiiapiuiiinuniianiiiiiixiiiiininmnnnmiuiiiianiiiinnnnnnuiniiiuii-= = =-j-------=--=.. 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 RecologySouthBay (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 SanJoseWater (408)279-7900 CaliforniaWater (650)917-0152 CITY OF CUPERTINO STATE OF CALIFORN[ A COUNTYOFS T (-' ARA r OFFICE OF THE CITY BULLETIN BOARD -Vr C'.NTY HALL. NOTICE OF CA8(SYtATIO S""""'TU"'E NOTICE IS HEREBY GIVEN that the regular meeting of the Cupertino City Council scheduled for Tuesday, June 20, 2023 beginning at 6:45 p.m., Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, CA 95014 and via teleconference, is cancelled. A special meeting will be held on Wednesday, June 21, 2023 beginning at 5:00 p.m. Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, CA 95014 and via teleconference. Dated this 14' day of June, 2023 Lauren Sapudar Deputy City Clerk CUPERTINO cnyoyctA-ffxN6='-"-' ,i.,l ( ': , , - Y- NOTICE AND CALL FOR A SPECIAL MEETING OF THE CUPERTINO ARTS AND CULTURE COMMISSION NOTICE IS HEREBY GIVEN that a special meeting of the Cupertino Arts and Culture Commission is hereby called for Wednesday, December 6, 2023, commencing at 6:30 p.m. in City Hall Conference Room C, 10300 Torre Avenue, Cupertino, California 95014. Said special meeting shall be for the purpose of conducting business on the subject matters listed below under the heading, "Special Meeting." CALL TO ORDER ROLL CALL APPROV AL OF MINUTES SPECIAL MEETING 1.$: Meeting Minutes for the September 25, 2023 Arts and Culture Commission Meeting. Recommended Action: Review and approve the minutes for the September 25, 2023 Arts and Culture Commission meeting. A - Draft Minutes POSTPONEMENTS ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the Commissio;n 07? any matter zoithi;n Uie jurisdiction of the Commission and not on the agenda. Speakers are Limited to three (3) mimttes. h most cases, State Lar,o wi(l prohibit the Commissio;n from making any decisions roith respect to a matter not 071 the agenda. WRITTEN COMMUNICATIONS Page 1 Arts and Culture Commission Agenda December 6, 2023 OLD BUSINESS 2.$: Consider a public art installation for Jollyman Park Recorninended Action: Receive a presentation on the proposed public art for the All-Indusive Playground Project at Jollyman Park and approve public art. Staff Report A- Draft Resolution B - Scientific Studios Resume C- UAP Resume D - Artwork NEW BUSINESS 3.$: 2023 Distinguished, Emerging, and Young Artist Award Programs Recommended Action: Evaluate participant submissions for the 2023 Distinguished, Emerging, and Young Artist Award Programs and select winners for each category. A - Artist Award Descriptions and Application Criteria B - Artist Award Evaluation Forms C - 2023 Young Artist (Group A) Award Submissions D - 2023 Young Artist (Group B) Award Submissions E - 2023 Emerging Artist Award Submissions F - 2023 Distinguished Artist Award Submissions STAFF AND COMMISSION REPORTS FUTURE AGENDA SETTING ADJOURNMENT Iri compliance zoith the Americans with Disabilities Act (ADA), anyone wlio is plan;ning to attend this meeting who is visua(ly or hearing impaired or lias any disability that ;needs specia( assistance should ca(l the City Clerk's Office at 408-777-3223, at least 48 hours in advartce of the meet'mg to arrange for assistance. Irt addition, upon request, in advance, by a person zoith a disability, meeting agertdas and writings distributed for the meeting that are public records wi{7 be made avai(able in the appropriate alternative format. Any writings or documents provided to a majority of the members after publication of the agertda will be made available for public inspection. Please contact the City Clerk's Office inn City Hal7 7ocated at 10300 Torre Avenue, Cuperti;no, California 95014, during norma7 business hours. IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipa7 Code section 2.08.100 written commtmications sent to the Cupertino City Council, Commissioners or City staff concerning a matter on the agenda are included as supplementa7 material to the agendized item. These zoritte;n communications are accessib(e to the pub(ic through the City's zoebsite and kept in packet Page 2 Arts and Culture Commission Agenda December 6, 2023 archives. Do not inctude a;rty personal or private information in zoritten communications to t)ie City that you do not zoish to make public, as zoritten communications are considered pub(ic records and will be made pub(icly avai7able 071 the Citt) website. Members of the public are entitled to address the members concerning any item that is described in the notice or agenda for this meeting, before or duri;ng consideration of that item. If you r.oish to address the members on any other item not on the agenda, you may do so during the public comment. Page 3 CITY OF CuPERTINO COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION CITY HALL 10300 TORRE AVENUE - CUPERTINO, CA 9501 43255 TELEPHONE: (408) 777-3308 - FAX: (408) 777-3333 CUPERTINO.ORG NOTICE OF CANCELLATION CUPERTINO ARTS AND CULTURE COMMISSION NOTICE IS HEREBY GIVEN that the regular meeting of the Cupertino Arts and Culture Commission scheduled for Monday, November 27, 2023, beginning at 6:30 p.m., is cancelled. The next regular meeting will be held on Monday, January 22, 2024, beginning at 6:30 p.m. in City Hall, Conference Room C, 10300 Torre Avenue, Cupertino, CA. Dated: November 27, 2023 :f '!a )'J ! a 'E "a-) F' iC :) '% L f '-"" i . t. '% /s/ Gian Martire Gian Martire, Senior Planner Community Development t-i"- y' a) :i- l'i J*: alll t" ' at a T, L. CUPERTINO CITY OF CUPERTINO AGENDA ARTS AND CULTURE COMMISSION 10300 Torre Avenue, City Hall, Conference Room C Monday, November 27, 2023 6:30 PM Amended Amended on 11/20/23 at 11:15 a.m. to update agenda item #2 staff report with the correct attachment D - Artwork ROLL CAtL APPROV AL OF MINUTES 1.l: Meetii"ig Minutes for the September 25, 2023 Arts and Culture Commission Meeting. Recommended Action: Review and approve the minutes for the September 25, 2023 Arts and Culture Commission meeting. A - Draft Mimites POSTPONEMENTS ORA[ COMMUNICATIONS This portion of the meeti;ng is reserved for persons wishing to address the Commission on any matter within the jurisdiction of the Commission and not on the agenda. Speakers are limited to three (3) mimttes. hat most cases, State Law will prohibit the Commissiort from making any decisioiis voith respect to a matter not on the agenda. WRITTEN COMMUNICATIONS OLD BUSINESS 2.l: Consider a public art installation for Jollyman Park Recommended Action: Receive a presentation on the proposed pubIic art for the All-Inclusive Playground Project at Jollyman Park and approve public art. A - Draft Resolution B - Scientific Studios Resrime C - UAP Resume D - Artwork Page I Arts and Culture Commission Agenda November 27 2023 NEW BUSINESS 3.l: 2023 Distinguished, Emerging, and Young Artist Award Programs Recommended Action: Evalyiate participant submissions for the 2023 Distinguished, Emerging, and Young Artist Award Programs and select winners for each category. A - Artist Award Descriptions and Application Criteria B - Artist Award Evaluation Forms C - 2023 Yoing Artist (Group A) Award Submissions D - 2023 Yoring Artist (Group B) Award Submissions E - 2023 Emerging Artist Award Submissions F - 2023 Distinguisl'ied Artist Award Submissions ST AFF AND COMMISSION REPORTS FUTURE AGENDA SETTING ADJOURNMENT 17? complicmce with the Americans with Disabilities Act (ADA), anyone who is plctm'ting to attend this meeting who is visucdly or hearing impaired or has any disability that needs special assistance shortld cau the City CLerk's Office at 408-777-3223, at least 48 hours in advance of the meeting to arrange for assistance. Iry additioyi, upor't request, inn advance, by a persori wit7i a disab'dity, meeting agendas ayid writiiigs distributed for the meeting t7iat are public records will be made avai7able in the appropriate cdternative format. Any writings or documeyits provided to a majority of the members after publication of t7ie ageyida zoi77 be made availabLe for public inspection. P4ease contact the City Clerk's Office in City Hal7 located at 10300 Torre Avenue, Cupertino, California 95014, duriyig norma7 business hours. IMPORTANT NOTICE: PLease be advised that pursuctnt to Cupertino MrmicipaL Code section 2.08.100 roritten comtmmications seyd to the Cupertino City Cormcil, Commissioners or City staff concerniyig a matter on the age;nda are inchtded as supplementa7 materia7 to tJie age;ndized item. These zoritten commrmications are accessible to the public through the City's roebsite and kept in packet arc7iives. Do not inchtde ayiy persona( or private information in zoritten communicatioyis to the City t7iat you do not roish to make public, as writteyi commtniications are considered public records and zoiu be made publicly available on tlie City website. Members of the public are entitled to address the members concerniyig any item that is described in the 'iiotice or agenda for this meeting, before or during coyisideration of t7iat item. If you wish to address the members 07? any other item not on the agenda, you may do so during the pubtic comment. Page 2 S[GNATURE Amended on 11/20/23 at 11:15 a.m. to update agenda item #2 staff report with the correct attachment D - Artwork ROLL CAI,L APPROV AL OF MINUTES 1.%: Meeting Minutes for the September 25, 2023 Arts and Culture Commission Meeting. Recommended Action: Review and approve the minutes for the September 25, 2023 Arts and Culture Commission meeting. A - Draft Minutes POSTPONEMENTS ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wishi;ng to address the Commission on any matter within the jurisdiction of the Commission and not on the agertda. Speakers are 7imited to three (3) minutes. Irt most cases, State law zoi77 prohibit the Commission from making any decisions with respect to a matter not on the agenda. WRITTEN COMMUNICATIONS OLD BUSINESS 2.$: Consider a public art installation for Jollyman Park Recommended Action: Receive a presentation on the proposed public art for the All-Inclusive Playground Project at Jollyman Park and approve public art. Staff Report A - Draft Resolution B - Scientific Studios Resume C - UAP Resume D - Artwork Page 1 Arts and Culture Commission Agenda November 27, 2023 NEW BUSINESS 3.$: -2023 Distinguished, Emerging, and Young Artist Award Programs Recornrnended Action: Evaluate participant submissions for the 2023 Distinguished, Emerging, and Young Artist Award Programs and select winners for each category. A - Artist Award Descriptions and Application Criteria B - Artist Award Evaluation Forms C - 2023 Young Artist (Group A) Award Submissions D - 2023 Young Artist (Group B) Award Submissions E - 2023 Emerging Artigt Award'SaFrfii%ssions F - 2023 Distinguished Artist Award Submissions ST AFF AND COMMISSION REPORTS FUTURE AGENDA SETTING ADJOURNMENT ht compliance with the Americans with Disabi(ities Act (ADA), anyone who is planning to attend this meeting who is visua(ly or hear'mg impaired or has any disab'dity that needs special assistance should ca(l the City Clerk's Office at 408-777-3223, at {east 48 hours in adva;nce of the meeting to arrange for assistance. In addition, upon request, in advance, by a person with a disability, meeting agertdas and writings distributed for the meeting that are public records will be made available in the appropriate alternative format. Arty writings or documents provided to a majority of the members after publication of tlie agenda will be made available for public inspection. Please contact the City Clerk's Office'm City Hail 7ocated at 10300 Torre Avewe, Cupertino, Ca(ifornia 95014, during normal business hours. IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipal Code section 2.08.100 written comrmmicatio'ns sent to tlie Cupert'mo City Co'bmcil, 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 Cih)'s website and kept in packet archives. Do not include any personal or private informatio;n in written communications to the City that you do not wish to make public, as writte;n commrmicatio;ns are considered pubdic records and zoiu be made publiciy avctilable on the City website. Members of the public are erttitled to address the members co;ncerning any item that is described in the notice or agenda for this meeting, before or dur'mg consideration of that item. If you wish to address the members 07? any other item not on the agenda, you may do so during the public comment. Page 2 STATE OF CALIFORN[A CUPERTINO ROLL CALL ill'7 6:30 PM APPROV AL OF MINUTES 1.: Meeting Minutes for the September 25, 2023 Arts and Culture Commission Meeting. Recommended Action: Review and approve the minutes for the September 25, 2023 Arts and Culture Commission meeting. A - Draft Minrites POSTPONEMENTS ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the Commission on rtny matter zoitliin the jurisdictioyi of the Commission and not ori the agenda. Speakers are 7imited to t7iree (3) miyiutes. In most cases, State Law wi(l prohibit the Commissioyz from making ctrty decisions with respect to a rnatter not on the agenda. WRITTEN COMMUNICATIONS OLD BUSINESS 2.: Consider a public art installation for Jollymaii Park Recommended Action: Receive a presentation on the proposed public art for the All-Inclusive Playground Project at Jollyman Park and approve public art. Staff Report A - Draft Resolution B - Scientific Studios Resume C - UAP Resrune NEW BUSINESS 3. $: 2023 Distinguished, Emerging, and Young Artist Award Programs Recommended Action: Evaluate participant submissions for the 2023 Distinguished, Emerging, and Young Artist Award Programs and select winners for each category. Page 1 Arts and Culture Commission Agenda November 27, 2023 A - Artist Award Descriptions and Application Criteria B - Artist Award Evaluation Forms C - 2023 Yoing Artist (Group A) Award Submissions D - 2023 Yoing Artist (Group B) Award Submissions E - 2023 Emerging Artist Award Submissions F - 2023 Distingiiished Artist Award Submissions ST AFF AND COMMISSION REPORTS FUTURE AGENDA SETTING ADJOURNMENT In compliance with the Aynericans with Disabilities Act (ADA), anyone w7zo is planni;ng to attend this meet'mg who is visually or hearing impaired or lias any disctbi(ifi) tl'ictt needs specia7 assistance should cctl7 tlie Cih) CIerJc's Office at 408-777-3223, at 7east 48 hours in advance of the meeting to arrange for assistance. 77? addition, upon request, in advcmce, by a person with rt disabilih), meeting agendas and writings distributed for tlie meetiyqg that are public records wi(r be made avai(rtb(e in the appropriate alternative formctt. Arty writings or docxmzents provided to a majority of t!ie ri'tembers after puli(ication of the agenda wi([ be mtde available for public inspection. Please contact the City Clerk's Office in City Hall located at 10300 Torre Avemte, Cxiperti;no, Califor;nia 95014, during normal business l'xotirs. IMPORTANT NOTICE: Please be advised that p;iirsuant to Cupertino Mxmicipal Code section 2.08.100 written cominunications sent to tlie Cupertiyzo City Council Comynissioryers or Cih) staff concerning a matter oyi the agenda are included as supp(emental material to the agendized item. These writtert con"tymmications are accessib7e to the public t7iroug)ax the Cih)'s website and kept iyi packet archives. Do ;izot inchtde any persona7 or private information in written commtmications to the Cih) that you do not wish to make public, as written cowmmications are considered pubiic records and wi(I be made pubdicly available on the City r.oebsite. Members of the public are entitled to address the members concerning cmy item that is described in the notice or agenda for tliis meetiiig, before or during consideration of that item. If you zoish to address the members on any other item riot on the agendct, you mcty do so during the public commeyit. Page 2 STATE OF CALIFC'!RNrA CUPERTINO CITY OF CUPER CAL[ TO ORDER Monday, September 25,Ig023H-..-(-'yl-.,1 53i. 6:30 PM ROLL CALL APPROV AL OF MINUTES 1.$: Meeting Minrites for the August 21, 2023 Arts and Cilhire Commission Special Meeting Recommended Action: Review and approve the minrites for the August 21, 2023 Arts and Culture Commission special meeting. A - Draft Minrites POSTPONEMENTS ORAL COMMUNICATIONS This portion of the meeting is reserved for persons roishing to address the Commission on any matter within the jurisdiction of the Commissiorx arid riot on the agerxda. Speakers are Limited to three (3) minutes. Irt most cases, State lava will prohibit the Commission from making any decisiorts with respect to a matter not on the agenda. WRITTEN COMMUNICATIONS OLD BUSINESS NEW BUSINESS 2.$: Consider a public art installation for Jollyman Park Recommended Action: Receive a presentation on the proposed public art for the All-Inclusive Playgroind Project at Jollyman Park and approve the public art. Staff Reoort A- Draft Resolution B- Scientific Studio Resume C- UAP Resume D- Artwork Page I Arts and Culture Commission Agenda September 25, 2023 ST AFF AND COMMISSION REPORTS COMMISSIONER ATTENDANCE AT UPCOMING MEETINGS AND EVENTS FUTURE AGENDA SETTING ADJOURNMENT by compliance with the Americans with Disabilities Act (ADA), a;nyorte who is p(artning to attend this meeting Z/)/'20 is visually or hearirxg impaired or has any disability that needs special assistance should call the City Clerk's Office at 408-777-3223, at 7east 48 hours in advance of the meeting to arrange for assistance. rrt addition, uport request, in advance, by a person with a disability, meeting agertdas and writings distributed for the meeting that are public records rnill be made available in the appropriate alternative format. Any zorit'mgs or documeryts provided to a majorih) of the members after pub(ication of the agenda roil7 be made available for public inspection. Please contact the City Clerk's Office in City Ha77 Located at 10300 Torre Avenue, Cupertino, California 95014, dur'mg norma7 business hours. IMPORTANT NOTICE: Please be advised that pursuartt to Cupertino Mtmicipal Code sectiorx 2.08.100 zoritten communications sent to the Cupertino Cih) Council, Commissioners or City staff concerning a matter on the agenda are included as supplemental material to the agendized item. These writte;n communications are accessible to the public through the City's website and kept in packet archives. Do not include arty personal or private informatiort in written communications to the City that you do not wish to make public, as written commtmications are considered public records and roi71 be made publicly available on the Cih) website. yembers of the public are entitled to address the members concerning any item that is described in the notice or agenda for this meeting, before or during consideration of that item. If you wish to address the members on any other item not on the agenda, you may do SO during the public comment. Page 2 CITY OF CUP STI. 'ta'r:,- OF Cr"tLjF'<" '.' NOTICE AND CALL FOR A SPECIAL MEETING OF THE CUPERTINO ARTS AND CULTURE COMMISSION NOTICE IS HEREBY GIVEN that a special meeting of the Cupertino Arts and Culture Commission is hereby called for Monday, August 21, 2023, commencing at 6:00 p.m. in City Hall Conference Room C, 10300 Torre Avenue, Cupertino, California 95014. Said special meeting shall be for the purpose of conducting business on the subject matters listed below under the heading, "Special Meeting." SPECIAL MEETING CALL TO ORDER ROLL CA[L APPROV AL OF MINUTES 1, $: Meeting Minutes for the May 22, 2023 Arts and Crilture Commission Meeting Recornrnended Action: Review and approve the minutes for the May 22, 2023 Arts and Culture Commission meeting. A - Draft Minutes POSTPONEMENTS ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the Commission on any matter within the jurisdiction of the Commission and not on the agenda. Speakers are Limited to three (3) minutes. In most cases, State lava zo'd7 prohibit the Commission from making arxy decisions with respect to a matter not ort the agenda. WRITTEN COMMUNICATIONS OLD BUSINESS Page I Arts and Culture Commission Agenda August 21, 2023 NEW BUSINESS 2.$: 2023 Artist Award Program and Theme for Yoing Artist Awards Recommended Action: Receive a presentation on the 2023 Artist Award program and finalize theme for the Young Artist Awards. Staff Report A - Artist Award Descriptions and Application Criteria B - Artist Award Evaluation Forms C - Artist Award Program Timeline D - Artist Award Program Flyers ST AFF AND COMMISSION REPORTS COMMISSIONER ATTENDANCE AT UPCOMING MEETINGS AND EVENTS FUTURE AGENDA SETTING ADJOURNMENT by compliance with the Americans with Disabilities Act (ADA), anyorte who is planning to attertd this meeting who is visually or hearing impaired or has any disabilih) that needs special assistance should call the City CJerk's Office at 408-777-3223, at least 48 hours in advance of the meeting to arrange for assistance. bt addition, upon request, in advance, by a person with a disability, meeting agendas and writirtgs distributed for the meeting that are public records zoill be made available in the appropriate alternative format. Any writings or documents provided to a majority of the members after publication of the agenda zoi[7 be made availaMe for public inspection. Please contact the City Clerk's Office in City Hal7 Located at 20300 Torre Avertue, Cupertino, Califorrtia 95014, during normaL business hours. IMPORTANT NOTICE: Please be advised that pursuartt to Cupertino Municipal Code section 2.08.100 written com'tnunications sent to the Cupertino Cih) Cormcil Commissio;ners or City staff concerning a matter 07? the agenda are included as suppLementa7 material to the agendized item. These written communications are accessible to the public through the City's website arxd kept in packet archives. Do not include any persorxa7 or private information in zoritten communications to the City that you do not wish to make public, as written communications are considered public records artd will be made puMicly available O?2 the Cih) website. Members of the public are entitled to address the members concerning arxy item that is described irt the notice or agenda for this meet'mg, before or during consideration of that item. If you zoish to address the members 072 any other item not 07? the agenda, you may do so during the public comment. Page 2 CITY OF CUPERTINO COMMUNITY DEVELOPMENT DEPARTMENT CITY HALL 10300TORRE AVENUE - CUPERTINO, CA 95014-3255TELEPHONE: (408) 777-3308 - FAX: (408) 777-3333 CUPERTINO.ORG CUPERTINO ARTS AND CULTURE COMMISSION NOTICE OF CANCELLATION NOTICE IS HEREBY GIVEN that the regular meeting of the Cupertino Arts and Culture Commission scheduled for Monday, July 24, 2023 beginning at 6:30 p.m., was canceled due to lack of quorum. The next regular meeting will be held on Monday, September 25, 2023 beginning at 6:30 p.m. at City Hall Conference Room C, 10300 Torre Avenue, Cupertino, CA 95014. Xl i"J S ;' ,' I 's I } ' - ' i" a. -'- -" '-'- 'iL CUPERTiNO CALL TO ORDER 6:30 PM ROL[ CALL APPROV AL OF MINUTES 1.$: Meeting Minrites for the May 22, 2023 Arts and Culture Commission Meeting Recommended Action: Review and approve the minutes for the May 22, 2023 Arts and Culture Commission meeting. A - Draft A/Iinutes POSTPONEMENTS ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wishirtg to address the Commission on aryy matter within the jurisdictiorx of the Commission and not on the agenda. Speakers are 7imited to three (3) minutes. Irt most cases, State law wil7 prohibit the Commission from making any decisiorts with respect to a matter not on the age;nda. WRITTEN COMMUNICATIONS OtD BUSINESS NEW BUSINESS 2. $: Consider a public art installation for Jollyman Park Recornrnended Action: Receive a presentation on the proposed public art for the All-Inclusive Playground Project at Jollyman Park and approve the public art. A - Draft Resolution B - Scientific Stuctios Resume C - Artwork 3. $: 2023 Artist Award Program and Theme for Young Artist Awards Recommended Action: Receive a presentation on the 2023 Artist Award program and finalize theme for the Young Artist Awards. Page I Arts and Culture Commission Agenda July 24, 2023 Staff Rei:iort A - Artist Award Descriptions and Application Criteria B - Artist Award Evaluation Forms C - Artist Awatd Program Timeline D - Artist Award Program Flyers ST AFF AND COMMISSION REPORTS COMMISSIONER ATTENDANCE AT UPCOMING MEETINGS AND EVENTS FUTURE AGENDA SETTING- ADJOURNMENT In compliance with the Americarts with Disabilities Act (ADA), artyone zoho is planning to attend this meeting roho is visual(y or hearing impaired or has any disability that needs specia7 assistance should call the City Clerk's Office at 408-777-3223, at Least 48 hours in advartce of the meeting to arrange for assistance. Fry addition, upon request, in advance, by a person with a disabi7ih), meeting agendas and writings distributed for the meeting that are pubdic records wi71 be made available in the appropriate alternative format. Any writings or documents provided to a majority of the members after publication of the agenda zoill be made available for public inspectiort. Please contact the City Clerk's Office in City Hall located at 10300 Torre Avertue, Cupertino, Califorrtia 95014, during rtormal business hours. IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipa7 Code sectiort 2.08.l00written communications sent to the Cupertino Cify Council Commissioners or Cih) staff concerning a matter on the agertda are inc(uded as supp(emertta7 material to the agendized item. These written commurgicatiorts are accessible to the public through the Cih)'s website and kept in packet archives. Do not include any personal or private information in zorittert commurticatiorxs to the City that you do rtot wish to make public, as written communications are considered public records and wiu be made publicly available on the Cih) website. Members of the puMic are e;ntit7ed to address the members concerning arxy item that is described irt the notice or agenda for this meet'mg, before or durirtg consideration of that item. If you wish to address the members on any other item not on the agertda, you may do so duri;ng the public comment. Page 2 aTYorcva'aIFOR>i[A A CUPERTINO NOTICE IS HEREBY GIVEN fliat a spe6al meeting of fl'ie Housing ('nmmiqqion is hereby called for Thursday, Decanber 14, 2023, commencing at 9:00 a.m. in City Hall 10300 Torre Avenue, Conferenee Room C, Cupertffio, California 95014. Said spe meeting shall be for the purpose of conducbng business on the subject matters listed below under the heading ]lSpecial Mee%' CALL TO ORDER ROLL CALL APPROVAL OF ffiS SPECIAt MEETING 1.$: Approve the September 14 Housing Commission spe6al mee'Ung minutes Reoommended Adion: Appmve the September 14 Housing Commission spe6al meeting minutes A - Draft Minutes POSTPONEMENTS ORAL COffiCAIIONS This porHgn of the g is reserved @ persmis wishing to mldress the Comrtissim m my mgttt'r within the jurisdictim 4 the Cnmmissim grid net m the-agenda. Spakrs gre Im'ded to three (3) minutes- Inwistcases,St&lgtnmllprdnbittheCmnmissionfmnmakingmydlexvithresped to a tter not gn the agtnia. aN COMMUNICAIIONS OLD BUSINESS - NONE Payl Hoais Cmnmissimi Age-da Demmaberl4,2e NEWBUSDSJESS 1 §: D City Couni Work Pmgram Items for 2024 ReaimmendedAction: RecommendCityCouniworkpmgramitemsfor2024 Staff Ret+ort A - FY 23-25 Adopted City Work Program B - Items Not Included in FY 23-25 City Work Program C - Submission Form 3. §: 2024 Housing Commission Meeting Sdiedule Recommended Aaon: Estab the Housing Commission meeting sffiedule for 2024. STAFF AND COMMISSION REPORTS 4a 5: Informational presentation on the Fisca] Year (FY) 2024-25 Notice of Funding Availability (NOFA) and Request for Pmposals (RFP! Reaimmended Action: Receive informational pretation. Informational Report A - FY 2024-25 NOFA RFP 5.$: Informational presentabon on the proposed Below Market Rate (BMR) Ownership Resa}e Fee Reoommended Action: Receive informational presentation- Informational Report 6.53: Updates on Housing Commissioner Vacan6es & Mayor's Meeting Attendanoe A - Amended 2024 Local Appointments List and Notice of Vacancies FUIIJRE AGENDA SETTING ADJOURNMENT Irx cmrrpHance with the Americans u>ith Disabilit'ies Act (ADA), anyone who is planning tr:i attend this meet-ffng upho is visually or hearing impaired or has any disabffXity that needs specia! assistance should calX the City Clerk's Office at 408-777-3223, at Least 4!3 hours in advance of the meeting to arrange for ass#s:tance. In addition, upon reqviest, in advance, bay a pevsrm vith a disability, meeting agendas and vmttfings distributed for the meeting that are p'tdb!ffc recrmds up'i!.X be made available in the apprqriate cghrtnrxaHve fmmat. Any vgrd%gs m documents prgoided to a majmaty of the members gfter puQieation of the agenda wm be made mgilabk @ public impection. Pksae amhm k City Clerk's Office in City Hall ted gt 101300 TmmAvenue, Cupertino, Califmnia 95014, durtng mrnuxl busrriess hmrs. P'l Housing Commissimi Agenda Deamber 14, 2023 IMPORTANT NOTICE: Please be adaoised that pu*uant to CuperHno Muni4al Code section 2.08.100 written ammunicatims sent to the Cupertino City Cgunctl, Crnnmissimm m City staff cmctrning a tter m the agtrida gre included as suppental material to the agtndized item. These urritten cmnmunicafims gre accesshle to the public through the City's website md brpt in packet archives. Do not iru:lude my ptrsoml or private informatirm in mritte'n amxmummatiom to the City that you do not rish to rrudce public, as mitten communicaHgm gre cmisidered public recmds and will be made publidy maMile rm the City vnebsite. Members ff the public gre mfitled to address the members concerning guy item That is desm"bed in the notice gr agenda )'o'r this meefing, before or during consideration of that itm. If ymi vmsh to address the members Of;l any other item not ori the agmda, you may do so during the public cmmt. Page3 CITY OF CUPERTINO CITY HALL NOTICE OI' (dH4?4ffl CUPERTINOHOUSINGCOMMISSION SfGN"URE NOTICE IS HEREBY GIVEN that the regular meeting of the Cupertino Housing Commission scheduled for Thursday, October 12, 2023, begirining at 9:00 a.m., at City Hall Conference Room C, 10300 Torre Ave., Cupertino, California is cancelled. Dated: September 28, 2023 /s/ Benjamin Fu Benjamin Fu, Director Community Development STATEOFCALtF( .i.l CUPERTINO CITY OF acbs#" Lo 10300 Torre Avenue, City Thursday, sPe9c:1,0,OMAM,,e,,E) ,3 SS. NOTICE AND CALL FOR A SPECIAL MEETING OF THE HOUSING COMMISSION NOTICE IS HEREBY GIVEN that a special meeting of the Housing Commission is hereby called for Thursday, September 14, 2023, commencing at 9:00 a.m. in City Hall, 10300 Torre Avenue, Conference Room C, Cupertino, California 95014. Said special meeting shall be for the purpose of conducting business on the subject matters listed below under the heading, "Special Meeting." PLEDGE OF ALLEGIANCE ROLL CAI,I, APPROV At OF MINUTES SPECIAt MEETING 1.: Approve the May II Housing Commission special meeting minutes Recommended Action: Approve the May II Housing Commission special meeting minutes A - Draft Minutes POSTPONEMENTS ORAL COMMUNICATIONS This portion of tjie meeting is reserved for persons wishing to address the Conwission on any matter within tJie jurisdictio;n of the Commission and not 07? the agenda. Speakers are limited to three (3) minutes. In most cases, State law wil7 proJiibit the Commission from making any decisions with respect to a matter ;not on the agenda. WRITTEN COMMUNICATIONS PUBLIC HEARINGS Page I ci'n OF CUPtRTINO ST ATE OF CAuFO P!-NNA ,2p , AN VENUE '( f-(,3 l 'i ') NOTICE OF CAN!gqL4.%T-N,ON OAtY NOTICE IS HEREBY GIVEN that the regular meeting of the Cupertino Housing Cornrnission sdieduled for Thrirsday, July 13, 2023, beginning at 9:30 a.m., is cancened. The next meeting will be a Special Housing Commission meeting held on Thirsday, September 14, 2023, at 9:30 a.m. at City Hall Conference Room C, 10300 Torre Ave., Cupertino, California. Dated: July 7, 2023 /s/ Benjarnin Fu Benjarnin Fu, Director Community Development STATE OF CALIFOR'!t"c CITY OF CUPERTINO ROI,L CALL APPROVAL OF MINUTES 1.$: October 4, 2023 Library Commission Meeting Minutes Recommended Action: Review and approve the October 4, 2023 Library Commission meeting minutes. A - Draft A/Iinutes POSTPONEMENTS ORAI, COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the Commission on any matter roithin the jurisdiction of the Commission and not own the agenda. Speakers are limited to three (3) miwtes. /7? most cases, State law wiu prohibit the Commission from malcing any decisions with respect to a matter not 072 the agenda. WRITTEN COMMUNICATIONS Ol,D BUSINESS 2.$: Poet Laureate Playbook Recommended Action: Discuss the Library Commission's role in the Poet Laureate Program, including expectations of the Steering Committee. A - Poet Laureate Playbook NEW BUSINESS REPORTS/UPDATES 3. $: Monthly Update Reports Page 1 Library Commission Agenda Recornrnended Action: Receive Monthly Update Reports from: Cupertino Community Librarian County Librariaii Friends of the Library Cupertiiio Library Foundation Poet Laureate December 6, 2023 ST AFF AND COMMISSION REPORTS COMMISSIONER ATTENDANCE AT UPCOMING MEETINGS AND EVENTS FUTURE AGENDA SETTING ADJOURNMENT }7? compliance with the Americans roith Disabilities Act (ADA), anyone who is planning to attend this meeting who is visually or hearing impaired or has any disability that meds special assistance should cali the Citi) Clerk's Office at 408-777-3223, at Least 48 liours in advance of the meeting to arrange for assistance. In addition, upon request, in advance, by a person zoith a disabilih), meeting agertdas and writi;ngs distributed for the meeting tliat are public records wi(( be made available in the appropriate alternative format. Arty writings or documertts provided to a majority of the members after pub7icatio;n of the agenda will be made available for public inspection. Piease contact the City C(erk's Office in City HaL7 (ocated at 10300 Torre Avenue, Cupertino, California 95014, during norma7 business hours. IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipal Code -sectio;n 2.08.l00zoritten commurtications sent to the Cupertino City Council, Commissioners or City staff concerning a matter on the agenda are inc7ttded as supplementa7 materiai to the agendized item. These written communications are accessible to the public through the City's website and kept in packet arcliives. Do not include any personal or private information inn writtert comrmmications to the City that you do not wish to make public, as written comm;imications are considered public records and zoill be made pub7ic7y available 07? the City website. Members of the public are entitled to address the members concerning a;ny item that is described in the notice or agenda for tliis meeting, before or during consideration of tliat item. If you zoish to address the members O?? any other item not 07? the agenda, you may do so during the public comment. Page 2 CUPERTINO aTY OF cUsHgcALIFOF'.N[A Amended on 12/01/23 at I p.m. to add Agenda Item #3. CALL TO ORDER ROLL CALL APPROVAL OF MINUTES 1.$: October 4, 2023 Library Commission Meeting Minutes Recommended Action: Review and approve the October 4, 2023 Library Commission meeting minutes. A - Draft Minutes POSTPONEMENTS ORAL COMMUNICATIONS This portion of the meefing is reserved for persons wishing to address the Commission Oft my matter vnithin the jurisdictim of the Commission and not on the agenda. Speakers are limited to three (3) minutes. In most cases, State law will prohibit the Commission from makingmy decisions mth respect to a matter not 072 the agenda. mN COMMUNICATIONS OLD BUSINESS 2.$: Poet Laureate Playbook Recommended Action: Discuss the Library Commission's role in the Poet Laureate Program, includiitg expectations of the Steering Committee. A - Poet Laureate Playbook NEW BUSINESS 3. $: Discuss City Council work program items for 2024 Page I LibraryCommission Agenda December6,2023 Recommended Action: Recommend City Council work program items for 2024. A - FY 23-25 Adopted City Work Program B - Submission Form REPORTS/UPDATES 4.$: Monthly Update Reports Recommended Action: Receive Monthly Update Reports from: Cupertino Community Librarian County Librarian Friends of the Library Cupertino Library Foundation Poet Laureate STAFF AND COMMISSION REPORTS COMMISSIONER ATTENDANCE AT UPCOMING MEETINGS AND EVENTS FUTURE AGENDA SETTING ADJOURNMENT In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend this meeting wlio is visually or hearing impaired or has any disability that needs specia( assistance shovdd car( the City C(erk's Office at 408-777-3223, at least 48 hours in advance of the meeting to arrange for assistance. J?'2 addition, upon request, in advance, by a person with a disability, meeting agertdas and writings distributed for the meeting that are public records wig/ be made avaiiable in the appropriate alternative format. Any writings or documents provided to a majority of Uxe me'bers after publicaHon of the agenda uAll be made available for pubiic inspection. Please contact the City Clerk's Office in City Hall {ocated at 10300 Torre Avenue, Cupertino, Califomia 95014, during mrmal busimss hours. IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipa7 Code section 2.08.l00writte;n comrmmications sent to the Cuperti;no City Coi,mcil, Commissioners or City staff concerning a matter 07? the agenda are i'ncluded as supplemental materia( to the agendized item. These written communications are accessible to tlie public through the City's website and kept in packet archives. Do not include any persona7 or private information in writte;n communications to the City that you do not wish to make public, as written communications are corisidered public records and wil7 be made public7y available 07? the City website. Members of the public are entitled to address the members concerrting any item that is described in the notice or agenda for this meeti;ng, before or during consideration of that item. If you wish to address the Page2 Library Commission Agenda December 6, 2023 members on any other item ;not on the agenda, you may do so during the public comment. Page 3 CUPERTINO CITY OF STATE OF CALIFORN[A CAI,L TO ORDER DAi'E Sn C.isryif Tat"Rb ROLL CAtl, APPROVAL OF MINUTES 1.: August 2, 2023 Library Commission Meeting Minutes Recommended Action: Review and approve the August 2, 2023 Library Commission meeting minutes. A - Draft Minutes POSTPONEMENTS ORAt COMMUNICATIONS This portio;n of the meeting is reserved for persons zoishing to address the Commission on any matter zoithin the jurisdiction of the Commission and not on the agertda. Speakers are (imited to three (3) miwtes. In most cases, State Law wi77 prohibit tlie Coynmission from mctking any decisions zoith respect to a matter not on the agenda. WRITTEN COMMUNICATIONS OLD BUSINESS 2. NEW BUSINESS REPORTS/UPDATES 3. : Monthly Update Reports Page 1 Library Commismon Agenda October 4, 2023 Recommended Action: Receive Monthly Update Reports from: Cupertino Community Librarian County Librarian Monthly Update Friends of the Library Cupertino Library Foundation Poet Laureate ST AFF AND COMMISSION REPORTS COMMISSIONER ATTENDA.N(-B,AT UPCOMING MEETINGS AND EVENTS l: k FUTURE AGENDA SETTING ADJOURNMENT In compliance with the Americans zoith Disabilities Act (ADA), anyone zoho is planning to attend this meeting who is visually or liearing impaired or has any disabiliti) that needs special assistance should cau the Cih) Clerk's Office at 408-777-3223, at Least 48 hours in advance of the meeting to arrcmge for assistance. In addition, upon request, in advance, by a person with a disabi7ih), meeting agertdas and writings distributed for the meeting that are pub(ic records wi(l be made ctvailctbde in the appropriate alternative format. Any writings or documents provided to a majority of the members after publication of the agenda will be made available for public inspectio;n. Please contact tlie Cih) Clerk's Office in Cih) Hall located at 10300 Torre Avenue, Cupertino, California 95014, during normal business hours. IMPOR-TANT NOTICE: P(ease be advised that pursuant to Cupertino Municipal Code section 2.08.I00 zoritten communications se;nt to the Cupertino City Council Commissioners or City staff concerning a matter on the agenda are included as supp7ementa( material to the agendized item. These written commurxicatio;ns are accessib(e to the public through the Citi)'s website and kept in packet archives. Do not inchtde any persona7 or private information in written communiccttions to the City that you do not zoish to make public, as zoritten commtmications are considered pub(ic records and zoill be made publicly available ort the Cit'i) website. Members of the public are entitled to address the members concerning any item that is described in the notice or agenda for this meeting, before or during consideration of that item. If you zoish to address the members on any other item not on the agenda, you may do so during the public comme;nt. Page 2 CITY OF CU'PE,RT"IN6a " a (aOl)NT QF S ': 'S CALL TO ORDER ;1,,ptl3 SIGNATURE ROLL CA[L APPROV AL OF MINUTES 1.$: June 7, 2023 Library Commission Meeting Minutes Recommended Action: Review and approve the June 7, 2023 Library Commission meeting minutes. A - Draft Minutes POSTPONEMENTS ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the Commission on any matter within the jurisdiction of the Commission and not 07? the agenda. Speakers are limited to three (3) mimttes. In most cases, State law wi71 prohibit the Commission from making any decisions with respect to a matter not on the agenda. WRITTEN COMMUNICATIONS OLD BUSINESS NEW BUSINESS 2.$: Poet Laureate Playbook Selection Process Recommended Action: Discuss and provide feedback on updates for the Poet Laureate Playbook Selection Process. A - Poet Larireate Playbook REPORTS/UPDATES 3. $: Monthly Update Reports Page I LibraryCommission Agenda Recommended Action: Receive MontMy Update Reports from: Cupertino Community Librarian County Librarian Monthly Update Friends of the Library Cupertino Library Foundation Poet Laureate August 2, 2023 ST AFF AND COMMISSION REPORTS COMMISSIONER ATTENDANCE ,AT UPCOMING MEETINGS AND EVENTS FUTURE AGENDA SETTING ADJOURNMENT Inn complia;nce with tlie Americans with Disabilities Act (ADA), a;nyone who is planning to attend this meeti;ng who is visually or hear'mg impaired or has any disabilih) that needs specia7 assista;nce should call the City Clerk's Office at 408-777-3223, at least 48 hours in advance of the meeti;ng to arra;nge for assistance. by addition, upon request, in advance, by a person with a disabilih), meeting agertdas and writings distributed for the meeting that are public records will be made available in the appropriate alternative format. Arty writings or documents provided to a majorih) of the members after publication of the agenda wiu be made availab[e for pub(ic inspection. P(ease contact the City C(erk's Office in City Hail 7ocated at 10300 Torre Avenue, Cupertino, California 95014, during normal business hours. IMPORTANT NOTICE: Please be advised that pursuant to Cuperti;no Municipa7 Code section 2.08.l00written commvmications sent to the Cupertino City Council Commissioners or Cih) staff concerning a matter 072 the agenda are inchtded as supplementa7 materia7 to the age;ndized item. These written comrmmications are accessible to the public through the City's website and kept'trt packet archives. Do not inchtde any personal or private information in written communications to the Cih) that you do not wish to make public, as writteri communications are considered public records and will be made publicly availab(e O?? the Cih) website. Members of the public are entitled to address the members co;ncerning any item that is described in the notice or agenda for this meeting, before or during consideration of that item. If you wish to address the members 07? any other item not 07? the agertda, you may do so during the public comment. Page 2 7:00 PM I g.y CALLTOORDER DArE S[GNATURE ROLI, CALL CEREMONIAL MATI'ERS AND PRESENTATIONS 1. $: Cupertino Senior Center Recommended Action: Receive a presentation on the Cupertino Senior Center. APPROVAL OF MINUTES 2.$: October 5, 2023 Parks and Recreation Commission Meeting Minutes Recommended Action: Review and approve the October 5, 2023 Parks and Recreation Coission meeting minutes. A - Draft Minutes POSTPONEMENTS ORAL COMMUNICATIONS Thus pgrtim of the meeting is reserved fr persons wishing to address the Commission on any matter mthin the jurisdiction of the Commission and not on the agenda. Speakers are limited to three (3) minutes- In most cases, State law will prohibit the Commission from making any decisions with respect to a matter not O?Z the agenda. mN COMMUNICATIONS OLD BUSINESS NEW BUSINESS 3.$: Discuss City Council Work Program Items for 2024 Recommended Action: Recommend City Council Work Program Items for 2024. Staff Re'oort A - FY 23-25 Adopted City Work Program B - Items not included in FY 23-25 City Work Program C - Submission Form Page 1 Parks and Recreation Commission Agenda Decembet 7 2023 4.$: Parks and Recreation Department Organizational Update Recommended Actioi: Receive an organizational update on the Parks and Recreatioit Department. A - Parks and Recreation Organization Chart B - Parks and Recreation Functional Organization Chart ST AFF AND COMMISSION REPORTS COMMISSIONER ATTENDANCEAT UPCOMING MEETINGS AND EVENTS FUTURE AGENDA SETTING ADJOURNMENT In compliance uyith the Americans with Disabilities Act (ADA), anyone who is p/anning to g&'nd this meeting who is visually or hegring impaired or has any disability that needs special assistance should ca(l the City Clerk's Office at 408-777-3223, at least 48 hours in advance of the meefing to arrange for assistance. Irt addition, upon request, in advance, by a persort with a disability, meeting pgmlas aml witings distributed for the meeting that are public records will be made available in the appmpriabe alternative format. Any writings or documents promded to a majority of the members after publimuon of the agenda will be made available for public impection. Please contact the City Clerk's Office in City Hall located at 10300 Torre Avertue, Cupertino, Califmrnia 95014, during normal business hours. IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipal Code section 2.08.100 written communications sent to the Cuperti;no City Cormcil, Commissioners or City staff concerning a matter on the agenda are included as supplementa7 material to the agendized item. These written communications are accessible to the public through the City's website a'nd kept in packet archives. Do not include any personal or private information i;n written communicahons to the City that you do not wish to malce public, as zoritten communications are co;nsidered pub(ic records and wi(l be maae publicly avaiJable on the City ;oebsite. Members of the pub(ic are e;ntitled to address the members concern'mg any item that is described in the ;notice or agenda for this meeting, before or during consideration of that item. If you wish to address the members 07? any other item not on the agenda, you may do so during the public comment. Page 2 CITY OF CUPERTINO CUPERTINO PARKS AND gecge4MTh COMMISSION NOTICE OF CANCELLATION NOTICE IS HEREBY GIVEN that the regular meeting of the Cupertino Parks and Recreation Commission scheduled for Thursday, November 2, 2023 beginning at 7:00 p.m., is canceled due to lack of business. The next regular meeting will be held on Thursday, December 7, 2023 beginning at 7:00 p.m. at the Quinlan Community Center Social Room, 10185 North Stelling Road, Cupertino, CA 95014. Dated this 23'd Day of October, 2023 hv:ean,gecreationmanager Parks and Reaeation Department CITY OF STATE OF CALIFORN[A ROLI, CALL CEREMONIAt MATTERS AND PRESENTATIONS 1. APPROV At OF MINUTES 2.: September 7, 2023 Parks and Recreation Cornrnission Meeting Minutes Recornrnended Action: Review and approve the September 7, 2023Parks and Recreation Commission meeting minutes. A - Draft Minutes POSTPONEMENTS ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the Commission on cmy matter within the jurisdiction of the Commission and not 072 the agenda. Speakers are limited to three (3) minutes. In most cases, State law zoilL prohibit the Commission from making any decisions with respect to a matter not on the agenda. WRITTEN COMMUNICATIONS OLD BUSINESS NEW BUSINESS 3. l: Park Amenity Improvements Project Update Recommended Action: Receive an update on the Capital Improvement Programs (CIP) Park Amenity Improvements project. Page 1 Par!and Recreation Commission Agenda October 5, 2023 A - 2021 Park Amenities - Commission Recommendations by Park B - 2021 Park Amenities - Commission Recommendations by Amenity C - 2023 Park Amenities Survey ST AFF AND COMMISSION REPORTS COMMISSIONER ATTENDANCE AT UPCOMING MEETINGS AND EVENTS FUTURE AGENDA SETTING ADJOURNMENT In compliance uiith the Americans witli Disabilities Act (ADA), anyone who is planning to attertd this meetirtg ztiJio is visually or hearing impaired or has any disability that needs special assistance should cau the City Clerk's Office at 408-777-3223, at 7east 48 liours in advance of tlie 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 zo'dl be made available in the appropriate a(terncttive format. Any zoritings or documents provided to a majorih) of tlie members after publication of the agenda zoi([ be made available for public inspection. Please contact the City Clerk's Office in City Hall Located at 10300 Torre Avenue, Cupertino, California 95014, during norma( business hours. IMPORTANT NOTICE: Please be advised tliat pursuant to Cupertino hlhmicipal Code section 2.08.I00 written commxmications se;nt to the Cupertino City Council, Commissioners or City staff concerning a matter on the agenda are'mcluded as supplemental material to the agendized item. These writtert comrmmications are accessible to tlie public tlirough tlie City's website and kept in packet archives. Do not inchtde any personal or private information in written communications to tlie Cih) that you do not wish to make public, as zorittert commvmications are considered public records and wil7 be made publicly available on the City website. Members of the public are entitled to address the members concerning any item that is described i;iz the notice or agenda for this meeting, before or during consideration of that item. If you wish to address the members on any other item not 07? the agenda, you may do so during the pub(ic comment. Page 2 CUPERTINO CAtL TO ORDER ROLL CAI,L 'B'U'JL'L'EuTIN' BOA.RD ."T (ITY HALL. HlBTB\q SNGNA7i"URE CEREMONIAt MATTERS AND PRESENTATIONS 1. : ElderAid App Presentation Recommended Action: Receive a presentation on tlie ElderAid App. 2.: Parks and Recreation Department Summer Programs and Events Recommended Action: Receive a presentation on the Parks and Recreation Department summer programs and events. APPROV AL OF MINUTES 3.: August 3, 2023 Parks and Recreation Cornrnission Meeting Minutes Recommended Action: Review and approve the August 3, 2023 Parks arxd Recreation Commission meeting minutes. A - Draft Minrites POSTPONEMENTS ORAL COMMUNICATIONS This portio;n of tlie yneetiyig is reserved for persons wishing to address the Commissiort on any tnatter within the jurisdiction of tlie Commission and not on t7ie agenda. Speakers are Limited to three (3) minutes. In most cases, State law wi(7 prohibit the Commissiort from making any decisions with respect to a matter not on the agenda. WRITTEN COMMUNICATIONS OLD BUSINESS NEW BUSINESS 4. : Fiscal Year 2022-2023 Community Fiinding Grant Program Written Reports Page 1 Parks and Recreation Commission Agenda September7,2023 Recommended Action: Receive an update on the Fiscal Year 2022-23 Community Funding Grant Program Written Reports. Staff Report A - Community Funding Grant Policy B - Community Funding Annual Reports & Checklist C - Cupertino Historical Society Annual Report ADJOURNMENT In complictrtce with the Americans with Disabilities Act (ADA), a;n!one to)'xo is planning to attertd this meeting ;tilxo is visually or hearing impaired or has any disabiliti) that needs speciai assistance should ca(( the Cih) Clerk's Office at 408-777-3223, at least 48 hours in advance of the meeting to arrange for assistance. In addition, upo;n request, in advance, by a person zoith a disability, meeting agendas and writings distributed for the meeting that are pub(ic records voill be made available in the appropriate a(ternative format. Any zoritings or documents provided to a majorih) of the members after publication of the agenda zoi(l be made available for pxibtic inspection. Please contact the City Clerk's Office in Cih) Hail located at 10300 Torre Avenue, Cxtpertino, Ca(ifornia 95014, during normal business hours. IMPORTANT NOTICE: P(ease be advised that pursuant to Cupertino Mxmicipal Code sectiort 2.08.l00uwitten coriwunicatio;ns sent to the Cupertino City Cotmcil Commissio;ners or City staff concerning a matter on the agenda are inc(uded as supplemental material to the agendized item. These zoritten communications are accessib(e to the pubric through the City's zoebsite and kept in packet archives. Do not indude any personal or private information in zoritten comwmications to the City that you do not wisli to make public, as written communications are considered public records and wi77 be made publicly availcible on the City website. Ma'bers of the public are entitled to address the members concerning gny item that is described in the notice or agenda fi this meeting, before or during consideration r4 that itm. If ymt wish to address the mernbm on mryother itm not on the agenda, you may do so during thepublic comment. Page 2 CUPERTINo PARKSANDRECREA CA[L TO ORDER SIGNATURE ROLL CALL CEREMONIAL MATTERS AND PRESENT ATIONS 1. $: McClellan Ranch Preserve Programs Recommended Action: Receive a presentation on McClellan Ranch Preserve programs. APPROV AL OF MINUTES 2.$: June 1, 2023 Parks and Recreation Commission Meeting Minutes Recommended Action: Review and approve the June 1, 2023 Parks and Recreation Commission meeting minutes. A - Draft Minutes POSTPONEMENTS ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the Commission on any matter within the jurisdiction of the Commission a;nd not 07? the agenda. Speakers are Limited to three (3) mimttes. 17? most cases, State Law wiu prohibit the Commission from mak'mg any decisio;ns with respect to a matter not on the agenda. WRITTEN COMMUNICATIONS OLD BUSINESS NEW BUSINESS 3. $: Cupertino Historical Society Annual Report Recommended Action: Receive a presentation on the Cupertino Historical Society annual report. ST AFF AND COMMISSION REPORTS Page I Parks and Recteation Commission Agenda August 3, 2023 COMMISSIONER ATTENDANCE AT UPCOMING MEETINGS AND EVENTS FUTURE AGENDA SETTING ADJOURNMENT Irt compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend this meeting who is visuauy or hear'mg impaired or has any disabi)ih) 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,'m advance, by a person with a disabilih), meeti;ng agendas and writings distributed for the meeti'ag'4M,are public records wil( be made available in the appropriate alterncttive format. Arty writings or docume;nts provided to a majorih) of the members after publication of the agenda will be made ava'dab7e for public inspection. Please contact the Cih) Clerk's Office in City Hall Located at 10300 Torre Avemte, Cupertino, Ca7ifor;nia 95014, during ;normal business hours. IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Mu;nicipal Code section 2.08.l00written comrmmications sent to the Cupertino Cih) Cormcil, Commissioners or Cih) staff concerning a matter on the age;nda are inchtded as supplementa7 material to the agendized item. These written communications are accessible to the public through the Cihfi website and kept inn packet archives. Do not inchtde any persona7 or private information in written comrmmications to the City that you do ;n.ot wish to make pubric, as written comrmmications are considered public records and wi7l be made publicly available 07? the Cih) website. Members of the public are entitled to address the members concerning any item that is described in the notice or agenda for this meeting, before or during consideration of that item. If you wish to address the members on any other item not 07? the agenda, you may do so during the public comme;nt. Page 2 CITY OF CUPERTINO CUPERTINO PARKS AND RECREATION COMMISSION NOTICE OF CANCELLATION SIGNAI'URE NOTICE IS HEREBY GIVEN that the regular meeting of the Cupertino Parks and Recreation Commission scheduled for Thursday, July 6, 2023 beginning at 7:00 p.m., is canceled. The next regular meeting will be held on Thursday, August 3, 2023 beginiung at 7:00 p.m. at Community Hall, 10350 Torre Avenue, Cupertino, CA 95014 and via teleconference. Dated this 27' Day of June, 2023 Parks and Recreation Department CITY OF CUPERTINO COMMUNITY DEVEIOPMENT DEPARTMENT PLANNING DIVISION CITY HALL 10300 TORRE AVENUE - CUPERTINO, CA 9501 4-3255 TELEPHONE: (408) 777-3308 - FAX: (408) 777-3333 CUPERTINO.ORG NOTICE OF CANCELL,ATION CUPERTINO PLANNING COMMISSION NOTICE IS HEREBY GIVEN that the regular meeting of the Cupertino Planning Commission scheduled for Tuesday, December 26, 2023, beginning at 6:45 p.m., is canceled. The next regular meeting will be held on Tuesday, January 9, 2024, beginning at 6:45 p.m. in Community Hall Council Chambers, 10350 Torre Avenue, Cupertino, CA and via teleconference. Dated this 14th day of December,,,- .T.Y O 1,,1,.-.., L !,-2 z, /s/Luke Connolly STATE OF CALIFORNtA CUPERTINO Amended 12/11/23 at 9:50 a.m. to update the meeting location. IN-PERSON AND TELBCONFERENCE / PUBLIC PARTICIPATION INFORMATIONMembers of the public wishing to observe the meeting may do so in one of the followingways: 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 at www.Cupertino.org/youtube andwww.Cupertino.org/webcast Members of the public wishing to comment on an item on the agenda may do so in thefollowing ways: 1) Appear in person at Cupertino Community Hall. Members of the audience who addressthe Commission must come to the lecteni/microphone, and are requested to complete aSpeaker Card and identify themselves. Completion of Speaker Cards and identifyingyourself is voluntary and not required to attend the meeting or provide comments meeting. 2) E-mail comments by 5:00p.m. on Tuesday, December 12to the Commission atplanriingcommission@cupertino.org. These e-mail comments will be received by thecommission members before the meeting and posted to the City's website after the Members of the public may provide oral public comments during the meeting as follows:Oral public comments will be accepted duririg the meeting. Comments may be madeduring "oral communications" for matters not on the agenda, and during the publiccomment period for each agenda item. Teleconferertcing Instructions To address the Commission, click on the link below to register in advance and access the Page I CITY OF CUPERTINO AMENDED IN PERSON AND TELECONFERENCE MEETING For more information: (408) 777-3308 I www.cupertino.org Planning Commission meeting: Online Agenda December 12, 2023 Register in advance for this webinar: https://cityofcupertino.zoom.us/webinar/register/WNRtboGiD8QLOZQaqTWrnguQ Phone Dial: 669-900-6833 and enter WEBINAR ID: 923 9897 7231 (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) 213.19.144.110 (Amsterdam Netherlands) 213.244.140.110 (Germany) 103.122.166.55 (Australia Sydney) 103.122.167.55 (Australia Melbourne) 69.174.57.160 (Canada Toronto) 65.39.152.160 (Canada Vancouver) Meeting ID: 923 9897 7231 SIP: 92398977231@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 comect 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 Chair 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. Page 2 PlanningCommission Agenda Decemberl2,2023 4. When called, please limit your remarks to the time allotted and the specific agenda topic. PLEDGE OF AI,LEGIANCE ROLL CALL APPROV AL OF MINUTES 1. $: Approve the November 14 Planning Commission minutes. Recommended Action: Approve the November 14 Planning Commission minutes. 1- Draft Minutes POSTPONEMENTS ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the Commissio;n 071 any matter within the jurisdiction of the Commissiort and not 072 the agerida. Speakers are (imited to three (3) mimttes. In most cases, State (azo wil( prohibit the Commissio;n from maki;ng any decisions r.oith respect to a matter not on the agenda. WRITTEN COMMUNICATIONS CONSENT CAtENDAR - NONE 11;nless tliere are separate discussions and/or actions requested by council, staff or a member of the public, it is requested that items under tlie Co;nsertt Calendar be acted on simtdtaneously PUBLIC HEARINGS Effective Jawary 1, 2023, Government Code Section 65103.5 (SB 1214) Limits the distribution oj copyrighted material associated with the review of developme;nt projects. Members of the public wishing to view plans that cannot otherwise be distributed under SB 2214 may make an appointment with the P'Lanning Division to view them at City Hall by sertding an email to planning@cupertino.org. Pla;ns roi(7 also be made available digitally during the hearing to consider the proposaL 2.$: Application to consider the construction of a seven-tinit townhome development and associated environmental review. The application includes demolition of an existing four-plex, subdivision for condominium purposes only, architectural review, and associated tree removal. (Application No(s): DP-2023-001, ASA-2023-002, TM-2023-001 & TR-2023-008; Applicant(s): Leon Hu of Top Mission Realty & Investment, Inc.; Location: 10046 Bianchi Way, APN: 359-07-021.) Page 3 Planning Commission Agenda December 12, 2023 Recommended Action: Staff recoinrnends that the Plat"ining Cornrnission adopt the draft resolutions recommending that the City Council: 1. Find the project exempt from the California Environmental Quality Act (CEQA) and 2. Approve the following permits: a. Development Permit (DP-2023-001) (Attachment 1); b. Architectural & Site Approval Permit (ASA-2023-002) (Attachment 2); c. Tentative Final Map (TM-2023-001) (Attachment 3); and d. Tree Removal Permit (TR-2023-008) (Attachment 4). Staff Report 1 - Draft Resolution for DP-2023-001 2 - Draft Resolution for ASA-2023-002 3 - Draft Resolution for TM-2023-001 4 - Draft Resolution for TR-2023-008 5 - Arborist Report 6 - Letter from Jolie Houston, Esq. of Berliner Cohen, LLP dated August 15, 2023, and September 21, 2023 7 - Leon Townhome Notice of Exemption 8 - Project Plans 3.$: Sign Exception to allow two wall signs for a single tenant (Shane Co) at an existing retail building (Application No(s): EXC-2022-004; Applicam(s): Kevin Tallmari, Shane Co.; Location: 19900 Stevens Creek Blvd.; AJ'N: 369-05-044) Recommended Action: That the Plaiuig Commission adopt the proposed draft resolution (Attachment A): 1. Finding the project exempt from CEQA; and 2. Approving a Sign Exception (EXC-2022-004) to allow a total of two wall signs. Staff Reoort 1 - Draft Resolution for EXC-2022-004 2 - Plan Set 3 - Customer Sign Presentation OLD BUSINESS - NONE NEW BUSINESS - NONE ST AFF AND COMMISSION REPORTS FUTURE AGENDA SETTING ADJOURNMENT If you chaLLenge t'lie action of the Planning Commission in court, you may be Limited to raising ordy those issues you or someone else raised at the public hearing described in this agenda, or in writtert correspondence delivered to the City of Cupertino at, or prior to, the public hearing. In the event an action taken by t7ie Planning Commission is deemed objectionable, the matter may be officiauy appealed Page 4 Planning Commission Agenda December 12, 2023 to the City Cotmcil'm writi;ng within fourteen (14) days of the date of the Commission's decision. Said appea7 is fded with the City Clerk (Ordinance 632). 772 compliance with the Americans roith Disabilities Act (ADA), anyone zoho is planning to attend this meeting toho is visually or hearing impaired or has any disability that meds specia7 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 r.oith a disability, meeting agendas and writings distributed for the meeting that are pubdic records wil7 be made available in the appropriate alter;native format. Any writings or docume;nts provided to a majority of the Plam;ting Commissio;rt after publication of the packet will be made available for public inspection in the Commrmih) Deve7opmertt Departmertt located at City Hall 10300 Torre Avenue, Cupertino, Ca(ifornia 95014, during norma( business hours; and in Planning packet archives 1Mced from the agenda/mimttes page on the Cupertino toeb site. IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipa( Code section 2.08.I00roritten communications settt to the Cupert'mo City Council Commissioners or City staff concerning a matter 072 the agertda are included as supplemental materia7 to the agendized item. These written commtmications are accessible to the public through the City's roebsite and kept in packet arr.hives. Do not include any persona( or private information in written commvmications to the City that you do not wish to make pubLic, as written communications are considered public records and will be made pub(icly available 072 the City zoebsite. Members of the public are entitled to address the Planning Commission co;qcerning any item that is described in the notice or agenda for this meeting, before or during co;nsideration of that item. If you wisli to address the P7a;nning Commission own any issue that is on this agertda, p(ease complete a spealcer request card (ocated in front of the Commission, and deliver it to the City Staff prim to discussion of the item. Wjxen you. are ca(led, proceed to the podium and the Chair zoili recog;nize you. If you wish to address tlie Pltmning Commission on any other item not on the agenda, you may do so by during the public comment portio;n of the meeti;ng follozoing the same procedure described above. P(ease rimit your comments to three (3) minutes or Less. For questions on any items in the agemla, or for documents re7ated to any of the items on the agenda, contact the P4aming Departnzent at (408) 777 3308 or planning@cupertino.org. Pttge 5 CONDUCT OF BUSINESS The Chair is the presiding officer of the Planning Commission. 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 Chair. Planning Commission 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. The proceedings of the meeting are recorded, therefore members of the audience who address the Commission at an in-person meeting 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. PUBLIC HEARINGS The Planning Commission 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. Effective January 1, 2023, Government Code Section 65103.5 (58 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 58 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. COMMISSION MEETINGS The Planning Commission regularly meets the second and fourth Tuesdays of each month. Urgent business, holidays, or election days may trigger special or adjourned meetings. These meetings will be noticed beforehand. AGENDAS, MINUTES, AND PACKETS AV AILABLE ON THE WEB Agendas, minutes, and packets for current and prior Planning Commission meetings are available at www.cupertino.org, or you can purchase the items on CD. PLANNING COMMISSION DECISION In the event an action taken by the Planning Commission is deemed objectionable, the matter may be officially appealed to the City Council in writing within fourteen (14) days of the date of the Commission's decision. Said appeal is filed with the City Clerk (CMC Section 19.12.170). Contact the City Clerk's office for more information or go to www.cupertino.org/cityclerkforan appeal form. FLOWCHART FOR HEARING ITEMS: . Chair introduces agenda item + (chairopensthepubiichearing) <-1 vclo,lmlQm,irs;lio,n;ilAras,repmomrtlalnnl,y_s.;It,en. I - - - -" - " " - " " -+ Staffrerceopmortmseannddatmloankes # Cquoemsmtioisnsstoners ask clarifying + Applicant Or Appellant _ For appeals of approvals, ttie makes presentation ' applicant may respond to (up to B min) I appellants presentation. + Commissioners ask questions of staff or applicant/appellant + Chairinvitesmembersof % SpeakerssubmitaRequesttoSpeak the public to speak about l card, and are allowed up to 3 theagendaitem l minutes per individual. l Commissioners may ask questions of % speakers. Chair invites applicanUappellant to respond to public comments (2 min) + (chairciosesthepubiichearin)g + 6ommisstonv7tes -q vahseeccohnadramftearytrheeqculeossieaomftohieopnuabnlisc,,,,,,o,,,n,,,,f,,h,,,,e,,,,a,5!,,,,,,,,,,,enda,,,,,:5em . l hearing. Commission then I deliberates and votes. COMMUNICATING WITH COMMISSION All Commissioners: PlanningCommission@cupertino.org Steven Scharf SScharf@cupertino.org Muni Madhdhipatla MMadhdhipatla@cupertino.org David Fung DFung@cupertino.org Seema Lindskog SLindskog@cupertino.org Tejesh Mistry TMistry@cupertino.org Planning Division Planning@cupertino.org CityHall www.cupertino.org (408) 777 -3308 (408) 777 -CITY 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) 6:45p.m_ Friday(replay) lO:OOa.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 a nnouncements. 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 RecologySouthBay (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 SanitarySewers CupertinoSanitary District (408)253-7071 Water SanJoseWater (408)279-7900 CaliforniaWater (650)917-0152 CITY OF CUPERTINO IN PERSON AND TELECONFERENCE MEEnNG For more infornnation: (408) 777-33DB I www.cupertino.org CUPERTINO CITY Or iRIINO AGENDA PLmG COMMISSION 10350 Tmre Avenue, Cound Chamberandvia Telecuii[eieitie TelecOnfa'ence IaaltionPunto Guveijuueul Code section549530)X2); 171Ludlow8helNeQYmk,NY 10002 .Tuay, Decanberl2, 2023 ffim INffiQONAND TELECONFERENCE /PUBLIC PARTIaPATION INFORMAIION Members of the public washing to obsezve the meeting may do so in one of the following Wap: 1) AtlendinpersmiatCupertinoCuuziih;lyIIallyl0350TomAvenue. 2) TmtetoComcastaiannel26andAT&TU-YeChannela99miyourTV. 3) The meeting wffl also be streanied live at www.Cupertino.org/youtube and www.Cupertino.org/webcast aMembers of the public wishing to cmnmait on an itan on the agenda may do so in the followingways: 1) Appear in perwn at Cupertinn rnmmitnity Ha Members of fl'ie au,dience who address fllP Commiaqinn must come to the lc51cu!hffaupLvaci and are requested to complde a Speaker Qanl mid idaitify themse0es. Coiletimi of Speaker Cards and identifying yomsdfisVffluntaryandnotmquired,toattaidthemcgrprOvidi tiiufflkal!i. 2) E-mafl commaits by 5:00p.m. on Tuesday, Deoanber 12to the ('nmmiaqirm at plaigcommiafflon@cupulmo.org These e-mail ammimb wffl be rved by the ou uiembers bdore the meeting and posied to die aty's website after the me"e&g. Membeys of the public mayprovide ova} pub& cuzitnbixiiRb aun';ug the meeting as folNows: Ot'aJ public comments win 'he accepted auying %he weding. Coxnments may be made during "oral rramvv'nirpfinnq" toy matteys nof on ffie agendla, and during the publc T'eIeeonfereng Irxstmctions To add the Commismon, dick mi the below to ' in advance and access the m$ Online 1 Planning Cmmaissima Agenda Deeanber 12, 2a23 Reg'ster in advance fortbis webinar. https:// ' -RtboGiD8QLOZQaqTWmguQ Phone Dial: and enter WEBINAR ID:923 9897 7231 ffype '9 to mise band to speak, '6 to unmute youxselD. Unreg'stered partieipmits will be called mi by the last four digits of their phmie number. Or an H.323/SIPmom system: H.323: 162.25537.11 (US West) 162.255.36.11 (US East) 213.19.144.110 (Aerdam Netherlands) 213.244.140.110 (y) 103.122.166.55 (Aushalia Sydney) 103.122.167.55 (Australia Melbounie) 69.174.57.160 (Canada Toronto) 65.39.152.160 (Canada Vancouver) Meeting ID: 923 9897 7231 SIP: 92398977231mzwhhat.tum After reg'stexing, you wall receive a cmifirmation exmffl contg infomation about joining the webinar. Please readthe followingins €nietions carefully: 1. You can dimctly download the teleconference sofhvare or abnnect to ffie medmg in yom internet bmwser. If you are using yom bmwser, make sure you are using a t and up-to-date bmwsa. auome 30+, Firefox 27+, Miaft Edge 12+, Safari 7+. Certam functionahtymaybe disabled in older bmwsers, induding hiteniet Explmer. 2. You wilt be asked to enter an email address and a nanie, foIlowed by an anail with inmuctimis mi how to amneet to die medmg,. Yom anail address will not be disdosed to the public. ff you wish to make an mal public comnient but do not wiffi to pde your name, you may enter "Cupertino Regident" or similar designation. 3. Whaithe Chairrsfortheitemonwhidiyouwiahto speak,didcon "hgdl" m,if you are callinginlpzess '9. Speakerswillbenotified shortly b theyaxe calledto speak. 4. Whenealled,pleasetyomranarks to fl'ie time allottedand&e specific agendatopie. Pay2 FJanmmgCommissima A@nag Deeamber 122023 PLEDGE OF ALLEGIANCE ROLL CALL APPROVAL OF MINUTES 1.$: ApprovetheNovemberl4PlmmmgCoonminu'U;s. Remmmended Action: Approve the November 14 g Coon minutes. 1- Draft Minutes POSTPONEMENTS ORAL COMMUNICATIONS This pmtion of the meeting is reserved fiat persms uMing kp gg;ms the Comm*sion gn any tttr vmthin the jurisdidim of the Cmnmissim gnd not m the agenda. Speakers gre limited to thrM (3) minutes. In mnst C#S, State Igm mll prohkt the Cgmmissim /mm making my decisimis ufith respect to a not on the agerida. WRIN COMMUNICATIONS CONSENT CALENDAR - NONE llnless There gre sgpgrate discussigns gndlgr requesW by munal, staff m a mgtnher ff the public, it is requested thgt items under t/ae Cgnstnt Cdgndgr bemed risimultanmusly PUBLIC HEARINGS Effed'roe Ignugry 1, 2023, Gmerrururnt Code Sedim 65103.5 (SB 1214) l'mits the distrflmfign of cqghted material asso*M wiU't the rmiern of dkmdot prgpds. Members of the public wishing to 'rrw p that cannot othem'se be distrbuted u'mkr SB 1214 mgy ttu&e gn gppointrnent with k Plmning Dmisim to piety flitm gt City Flg'll by sgnd'g m effigil b phtxing@cupeHno.mg. Plans vmn gjso be made mgiiabk digitAly durmg thehegrmg m ms*ler kpmposal. % Application to ader flie achon of a seven-unit townhome development and assomted envimnmental review- The application indudes demolition of an existing four-plex, on for mr4dominium purposes only, ardntectural review, and assomted h'ee removal. (Appbaition No(s): DP-2023-001, ASA-20, TM-201 & TR-203008; AppHam$): Lean Hu of Top Mission Realty & Investment, Inc-; Location: 70046 Biandff Way, APN: 359-07{)21) P3 P Commisis'imi Agenda Deaer 12,2023 Reaimmended Adian: Staff reoommends that the Planning Commission adopt the draft resolutions reoommending that the City Couni: 1. Find the pmject exempt from the California Envimm'ienti QuaM'ff Ad (CEQA) and 2. Appmve flie fonowing pets: a. DevelopmentPenmt(DP-2023-001)(Attadmentl); b. Ardiitectural&SiteApp;valPermit(ASA-2023-00)(Attadment2); c. TentativeFMap(IM-2023-001)(Attadiment3);arid d. Tree Removal Pet (TR-2023-008) (Attadiment 4). Staff Report 1 - Draft Resolution for DP-2023-001 2 - Draft Resolution for ASA-2023-002 3 - Draft Resolution for TM-2023-001 4 - Draft Resolution for TR-2023-008 5 - Arborist Repott 6 - Letter from {olie Houston, Esq. of Berliner Cohen, LLP dated August 15, 2023, and September 21, 2023 7 - Leon Townhome Notice of Exemption 8 - Projed Plans 3.$: Sign Exception to allow two wall signs for a single tenant (Shane Co) at an existing retail building (Application No(s): EXC-2022-004; Applicant(s): Kevin Tanman, Shane Co.; Location: 19900 Stevens Creek Blvd.; APN: 369-05-044) Recommended Adion: That the Planning Commission adopt tlie proposed draft resolution (Attachment A): 1.Finding the project exempt from CEQA; and 2. Approving a Sign Exception (EXC-2022-004) to allow a total of two waif signs. Staff Report 1 - Draft Resolution for EXC-2022-004 2 - Plan Set 3 - Customer Sign Presentation OLD BUSINESS - NONE NEW BUSINESS - NONE STAFF AND COMMISSIONREPORTS FUTURE AGENDA SffiG ADJOURNMENT If you chalbge Uxe gct of the Plgnning Cmnmissiori in cmirt, you mgy be Umited to raismg mly those issue> ymi m sontete else rgised at the public heMng descnbed in this agtmla, m in written cmespondence del'mtred to the City of Cupertino at, or prmr to, the public hegt#g. ln the ermit gn actima takm by the Planning Cmmnissirm is detmedobjectimable, the m k 4emlly gppealed Page4 PlamCmnmissimi Agegida Deamber 12,2023 to the City Cguncil'm vgriting mthm fourtm (14) dgys of'Uie dmeof the Commission's de*ion. Said gppeal isfled mth the City Clerk (Ordiai 632)- In mmplignce with the Americgm vith Disabilities Act (ADA), myme vnhn is plgnning b attend this meeti'ng who is aoisually or hegrmg impaired or hgs gtty disability that needs specml assistance shmU cd the Ci'ly Clerk's Office gt 408-777-3223, at lmst48 hmtrs # advmar ff the mtdHng to grmtge @ ssstgnce. In additim, 'gpm request, in advance, by a ptrsmt vxrith a dishlity, meeting agendw grid wrUings distrUiuted @ the meeting that gre public remrds wfll be made maiMle in the qqmpriate iternahefmmat. Any uwitings or *cummts prmided to a jgrity ofUxe Plgnmng Cmtmmsion after publicat of k pzket mll be made goailabk @ public inspec' in the Community Dmektnt Department located at Ci% Half, 10300 Tme Avettue, Cgpertirxo, Califignxia 95014, during nmnal ks'mess hmirs; md in Pkningpzket archives linked from the aggndajmmutes page m k Cwpertino web site. IMPORTANT NOTICE: Please be adauised that purst to Cupertino Municipal Cnde section 2.08.100 vxwitkn cgrrn'nunLatiuns sent to fihe C'gtpmino City Couna, Cmtmissiontrs o'r City st4j eonctnting a mtte 072 the agmda gre irlcluded gs swppkmerdal makfflal to the agmdized item. These uzritttn mnmmica's gre accesshle to the public'gh the' City's website gnd kept in padwt grr,h. Do not include grey personal or private in@matirm ;n w'tten mmmunicatigm to the C% thatymi d!o nrN wish to make public, gs writtt'n amxmunicgtions m m'sidtred publicrecmds grid mll be tnadepublidy mailable on k City website. Mmbers ff the public gre tnHtled to address k Phning Cmmn coning grty item Uiat is desmbed in the notice or agenda @ this meeting, bare or dwrmg cmsidgration of Umt item. If you u#h to address k Planning Cmnmissim m my mx that is m this ag 77kase cgrttpkte a speaker request cgrd Located infmntof Urie Cmmnissim, awl del it to the City St4prim to dismmsimi of the itmi. When ymi gre called, proceed to k podium gnd the vmn rea:ignix ymi. 'if ygu voish to mldress the Pkning Cmnmissimt rm any other i' nffl on fhe agmda, ymi vmq do so by dwring the public mnt pgr ff the meeting folluu#g the sgme prrml'gre deseUml abme. Plew>e'Lunit your b to tkree (3) minutes m bs. Fgr ques m guy iterm in the agenda, or /or documtnb re to my of the kms o'n the agmda, amid Uqe Pning Depgrtmtnt at (408) 777 3308 wpkning@cuperunn.vg. 'g'5 a)NDUCTOF BIISINESS The Chairisthe presiding officer ofthe Planning Commmon- Any member ofthe public may speak on any t on the agenda for up %o three minutes. All sbdements and questions must be addressed tothe Chair. Planning Commission hearings sene as a venue for the discussion d someUmes dmergent points of view. Please rspect the opWons d others and rdriin from cheering or dapping. That may delay the meeting or intimidate other persons mshing to mpress aRernate mews. AcUons that disrupt the meeUng mll resutt in a waming, followed by removal if disruption ainUnues. The proceedings of the meeting are recorded, therefore members of the audience who address the Commbsion at an in-person meeting must oome to the ledem/microphone, and are requested to comp a Speaker Cam and gdentify thernsehres. Completion df Speaker Girds and idenUfying yourss4f is voluntary and not required to attend the meeting or pmvide axmments. PUBuC HEARmGS The Planning €orriirnissior+ is requiitaed by law to ho)a @ub)tc hearings on certa)n . matters pytoc to g'naking its decision. N'ot[ce to interested @acties is gfven by )ega} adverttsemen:t irx the local newspaper of ' generaJ cOrcul'ation at least 10 catet'dac days pyeceding tt'ne hearing date. , App)icatiogis yequirfng public hearings include change of zoning, variances, use permits, an.d tentative maps. Effective January 1, 2023, Governrrient Code Sectiori 65103.5 (SB 1224) limOts the ' distribution of copyrighted material ' associated wOth the review of ' development projects. Members of the public wtshirxg to view plans that carhnot otherwise be distributed under SB 1214 may make an appointment with the Planning Division to view them at City Ha)l by sending an email to planning@cupertino.org. Plans will also be made avaitab)e digitally during the hearirig to consider the proposal. COMMISSION MEETINGS ' The Planning Commission regularly meets the second and fourth Tuesdays of each month. Urgent business, holidays, or election days may trigger special or adjourned meetings. These meetings will be noticed beforehand. AGENDAS, MINUTES, AND PACKETS AV AILABLE ON THE WEB Agendas, mirxutes, and packets for cuyrent ' and prior Plarxnirig Commission rneetirigs are avaitab)e at www.cupertino.org, or you canpurchasetheftemsonCD. ' PLANNING COMMISSI0N DECISION Irx the event an action taken by the . P)arnrx)ng Dmrriission is deemed ' objectionah)e, the matter may he officially appeafed to the Cfty Councl itq wcittng wrthOri founeen (14) days of the date oftte Corrnfsston's decks(on. Said appeal is. ffied with the CNty Cl:erk (CMC Section i jl9-{2.17O). Contact the City C)evk's office ', fOF FFiOFe OnfOF)TlaffOn Or gO kO www.cupen)nio.ovg/cityc)erk foc an a:ppea:l: foym. FLOWCHART FOR HEARING ITEMS: " Chair introduces. ' agerida iterri + (chairopensthepubiichearing) +-i lc,;o,lmf@m,irs,silolfn@elAr@s,repmomrtla}nrnl,ysl;y,en_ l ="+ -' ""-" W"=II"11"'}}"'+ S!affrerceopmort:eannddatmloankes # qCuoemsmtioisnssi.oners ask c!arifying + Applicant Or Appellant _ For appeals Of approva!s, the makes presentation ' aP!)ltCant maV respond fO ((lp i@ 8 y7i5) l appellanfs presentaiion. + , Corntriiss0oners ask ' questiongofataffor ' appl}carht/appellant + Ctaic invffles members of , % Speakers submit a Request to Speak thepubktospeakabout l card, and are al!owed up to 3 theagerdaitern I minutes per [ndfvtdua). l Commissioners may ask questfons o€ § speakers. : Cktair }nvRei I app))cant/appe))ant I toc.ore;mlpoe:ts:to<2pmuh[;)c + (chaircnosesthepubntchearing) + I TheChatyavceaues.tamoPOoiniaii' JiSSiOn VOteS on the agend6 item nhaeaaer:o:afteccthoem:o}ssse}oo:tteputh:hellifflic '- " l' die)f!:ieratesan6votes. COMMUNICATING WfTH COMMlSStON A)} €:og'ngntssfoners: PffiannNng€ornrnission@cupertfr+o.org Steven Se)tan SSc(iagf@cupertino.org Munt MadhdWpaflla MMaeBhihfpat!a@cuperttno.oyg Dav}d Fung DFung@cupertino.org Seegna L}ndskog SLNndskog@cupertino.org Tejesh M:sJ TMfst7@cupertino.org P)ant'ing DtvtsOon Plarnnfng@cupertino.org (408) 777-33D8 C[tyHa!) www.cupertino.org (408)777-CITY I NEWS AND NOTICES FROM CITY HALL EMAIL Sign up for e-notificatOon of agendas, elections, and other news on the city website at www.cuperfig'no.org/notify TELEVISION The City Channel broadcasts City Council and Planning Commission meetings, as well as agenda prey:ews, pubflc service announcemernts, and other prograrris of community interest, ori Chanrxel 26 in Cupertino. Th:e rrieetirigs are shown at these times: Tuesday 0ive) 6:45p.rn. Friday(replay) IO:OOa.m. Thursday (rep}ay) 7:00 p.rn. Saturday (replay) 9:00 a.m. INTERNET City Council and P!annirig Commission viieos are avaiiable on demand at www.cupertino.org. Select "l Want To, View City CounciJ meetings". News and community fnforrnation can also be found at: https://www.facebook.corn/cRyofcuperttrno/ https://twitter.com/CityofCupertino https://www.instagram.corn/cityofcupertino AUDIO Tune into Radio Cuperttno, 1670 AM, for rrieetirig arinouncements, public service messages, and ernevgency announcerrients. USEFUL TELEPHONE NUMBERS City of Cupertirno (City Hate) Geneva) Information and Comments (408) 777-ClTY Fire (Emergency) Sarnta C)ara Courity Fire Dept. dispatch 911 Fire (Non-Emergency ) Santa (:[ava County Fire Dept. (408) 378-4010 Garbage Reco}ogySouthBay (408)725-402D Gas & Electricity Pacff}c Gas & E)ectrfc (PG&E) 1-800-743-500D Recreation & Communily Qutn!an Community Center (408) 777-3120 Services Police (Emerget'hcy) Santa C)aca County St'xeriff dispatch 911 ' Poltce(Norh-Erneygency) SantaCffayaCountySheriff (408)868-6600 PubJfc Hea!th Santa C(ava Coug'nfy Public Health (408) 732-3720 SarnitarySeweys CupeytfnioSan0tacyDfstrict (408)253-7071 Water SanijoseWakec (408)279-7900 CaliffocniOaWafev (650)917-03152 i i, CITY OF CUPERTINO COMMUNITY DEVELOPMENT DEPARTMENT Pl ANNING DIVISION CITY HALL 10300 TORRE A\/ENUE - CUPERTINO, CA 9501 4-3255 TELEPHONE: (408) 777-330F3 - FAX: (408) 777-3333 CUPERTINO.ORG NOTICE OF CANCELATION CUPERTINO PLANNING COMMISSION NOTICE IS HEREBY GIVEN that the regular meeting of the Cupertino Planning Commission scheduled for Tuesday, November 28, 2023, beginning at 6:45 p.m., is canceled. The next regular meeting will be held on Tuesday, December 12, 2023, beginning at 6:45 p.m. in Community Hall Council Chambers, 10350 Torre Avenue, Cupertino, CA and yia teleconference, Datedthis22nddayofNovember<,2,92-3,;<,=.-l-.,H,5),-:-, -=.y ) SSii /s/Beniamin Fu Benjamin Fu, Director Development ,' : 11 ,,," ' i ' l I . L"',, CITY OF CUPERTINO STA7I'E OF CAL[FO. tJ'Jr.A S S-. IN PERSON AND TELECONFERENCE MEETING For more information: (408) 777-3308 l www.cupertino.org CUPERTINO CITY OF CUPERTINO AGENDA PLANNING COMMISSION 10350 Torre Avenue, Council Chamber and via Teleconference Tuesday, November 14, 2023 6:45 PM Amended Amended on 11/13/23 at 11:53 a.m. to update the meeting location and agenda item #4 staff report with the correct attachment. IN-PERSON AND TEtECONFERENCE / PUB[IC 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 Commuruty Hall, 10350 Torre Avenue. 2) Tune to Comcast Channel 26 and AT&T U-Verse Channel 99 on yout TV. 3) The meeting will also be streamed live 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. Members of the audience who address the Commission must come to the Iectern/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 by 5:00p.m. on Tuesday, November 14to the Commission at planningcommission@cupertino.org. These e-mail comments will be received by the commission members 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. Teleconferencing Instructions Page j Planning Commission Agenda November 14, 2023 To address the Commission, 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/WNWqEKIt02QzmyalmOZRmRlw Phone Dial: 669-900-6833 and enter WEBINAR ID: 935 4212 5978 (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) 213.19.144.110 (Amsterdam Netherlands) 213.244.140.110 (Germany) 103.122.166.55 (Australia Sydney) 103.122.167.55 (Australia Melbourne) 69.174.57.160 (Canada Toronto) 65.39.152.160 (Canada Vancouver) Meeting ID: 935 4212 5978 SIP: 93542125978@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 ettter "Cupertino Resident" or similar designation. 3. When the Chair 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. Page 2 Planning Commission Agenda November 14, 2023 4. When called, please limit your remarks to the time allotted and the specific agenda topic. PLEDGE OF AttEGIANCE ROLL CAI,[ APPROV At OF MINUTES 1. : Approve the May 23 Planning Commission minutes. Recommended Action: Approve the May 23 Planning Commission minutes. 1- Draft Minutes POSTPONEMENTS ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the Commission on any ynatter within the jurisdiction of the Commission and not on the agenda. Speakers are limited to three (3) minutes. In most cases, State lavo ruin prohibit the Commission from making any decisions with respect to a matter not 07? the agenda. WRITTEN COMMUNICATIONS CONSENT CALENDAR - None unless tliere are separate discussions and/or actions requested by council, staff or a member of the pub(ic, it is requested that items under the Consent Ca7endar be acted on simultaneously. PUBLIC HEARINGS 2.: Municipal Code Amendment to Chapter 19.76 and a Conditional Use Permit and Parking Exception for the use of a former public sffiool site for a private K-9 educational facility. (Application No.: MCA-2023-003; U-2023-002; EXC-2023-009 Applicant: City of Cupertino; Grace Stanat on behalf of Tessellations; Location: BA-zoned (Public Building) properties in Cupertino; 1170Yorkshire Drive; APN# 362-08-001) Recommended Action: That the Planning Commission adopt the proposed draft resolutions (Attachments I through 3) recommending that the City Council: 1. Adopt the MunicipaI Code Amendment (MCA-2023-003); 2. Approve the Conditional Use Permit (U-2023-002); and 3. Approve the Parking Exception (EXC-2023-009) Page 3 Planning Commission Agenda November 14, 2023 1- Draft Resolution for MCA-2023-003 2 - Draft Resolution for U-2023-002 3 - Draft Resolution for EXC-2023-009 4 - Plan Set (abridged due to limitations of state law pursuant to SB1214) 5 - Applicai'it's Project Description 6 - Public Comments : Conditional Use Permit Amendment and Architectitral & Site Approval to consider a modification of the original Main Street Use Permit (U-2008-01) for the addition of a second floor within Shop I (TD Ameritrade). (Application No.: M-2022-003; ASA-2023-009; Applicant: Main Street Cupertino Retail Property, LLC; Location: 19409 Stevens Creek Blvd. (APNs: 316-20-112) Recommended Action: That the Planning Commission adopt the proposed draft resolutions (Attachment 1 & 2) to: 1. Adopt the Third Addendum to an EIR and approve the Conditional Use Permit Amendment (M-2022-003); and 2. Approve the Architectural and Site Approval Permit (ASA-2023-009). Staff Report 1. Draft Resolution for M-2022-003 2. Draft Resolution for ASA-2023-009 3. Plan Set 4. City Coru'icil Resolution No. 12-098 5. Third Addendim to tl"ie Final Environmental Impact Report for the Main Street Cupertino Project (SCH# 2008082058) 6. Public Comment : Proposed amendments to Minicipal Code Chapter 19.12, Chapter 19.28 and Chapter 19.112 regarding Two-Story Permit and Accessory Dwelling Unit (ADU) laws. (Application No. MCA-2023-002; Applicant: City of Cupertino; Location: City-wide) Recommended Action: That the Planning Commission adopt the draft resolution (Attachment 1) recommending that the City Council adopt an ordinance to: 1. Find that the proposed actions are exempt from the California Environmental Quality Act (CEQA) and CEQA Guidelines; and 2. Amend the following: a. Chapter 19.12, Administration, and b. Chapter 19.28 Single-Family Residential (R-1) Zones. c. Chapter 19.112, Accessory Dwelling Units (ADU) Staff Report 1. Draft Resolution 2. CA Govt. Code Sections 65852.2 and 65852.22 OLD BUSINESS - None Page 4 Planning Commission Agenda November 14, 2023 NEW BUSINESS - None ST AFF AND COMMISSION REPORTS FUTURE AGENDA SETTING ADJOURNMENT If you chauertge the action of the Planning Commission in court, yo'tt may be (imited to raising on(y those issues you or someone else raised at the public hearing described in this agenda, or in written correspondence de(ivered to the City of Cupertino at, or prior to, the public hearing. In the event an action taken by the Planning Commission is deemed objectionable, the matter may be officia7(y appeared to the Citi) Counci( in writing within fourteert (14) days of the date of the Commission's decision. Said appea7 is fired zoith the Cifi) Clerk (Ordinayice 632). In compliance with the Americans zoith Disab'dities Act (ADA), anyone who is planning to attend this meeting who is visualLy or hearing impaired or hcts any disabi7ih) that needs special assistance sliould cau 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 ctdvance, by a person with a disabiliti), meetirtg agendas and writings distributed for the meetirtg that are public records void( be made available in tlie appropriate alternative format. Any writings or documents provided to a majorih) of the Planning Commission after publication of the packet wi77 be made avai7able for public inspection in the Comm;ymity Development Department (ocated at Cif'i) Hall 10300 Torre Avewe, Cupertino, California 95014, during normal business 7iours; and in Planning packet archives Linked from the age;nda/minutes page 072 tlie Cupertino web site. IMPORTANT NOTICE: Please be advised tliat pursuant to Cupertino Municipal Code section 2.08.100 written comrmmications sent to the Cuperti;n.o City Cozmcil Commissioners or City staff concerning a matter 072 the agenda are 'mcluded as supplemental materia7 to the agendized item. These written commtmications are accessible to t7ie public through tlie City's website and kept in packet archives. Do not inc7ytde any personal or private i;nformation in written communications to the City that you do ;not wish to make public, as written co'inmtmications are considered pub(ic records and wil7 be made public7y available on the City website. Members of the public are entitled to address the Planning Commission concerning any item tliat is described in the notice or agenda for this meeting, before or dur'mg consideration of tliat item. If you wish to address the Planning Commissio;n on any issue that is on this agertda, please complete a speaker request card Located in front of the Commission, and deliver it to the City Staff prior to discussion of tJie item. Wiven you are called, proceed to the podium ctrtd the Chair will recognize you. If you wish to address the Plctmting Commission 072 any otlier item not on tlie agertda, you may do so by duri;rig the public comment portion of the meeting following the same procedure described above. P7ease Limit your Page 5 Planning Commission Agenda November 14, 2023 commertts to three (3) minutes or less. For questions on any items in the agenda, or for documents related to any of the items 07? the agenda, contact the P7anni;ng Department at (408) 777 3308 or planning@cupertino.org. Page 6 CONDUCT OF BUSINESS The Chair is the presiding officer of the Planning Commission. 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 Chair. Planning Commission 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. The proceedings of the meeting are recorded, therefore members of the audience who address the Commission at an in-person meeting 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. PUBLIC HEARINGS The Planning Commission 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. 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. COMMISSION MEETINGS The Planning Commission regularly meets the second and fourth Tuesdays of each month. Urgent business, holidays, or election days may trigger special or adjourned meetings. These meetings will be noticed beforehand. AGENDAS, MINUTES, AND PACKETS AV AILABLE ON THE WEB Agendas, minutes, and packets for current and prior Planning Commission meetings are available at www.cupertino.org, or you can purchase the items on CD. PLANNING COMMISSION DECISION In the event an action taken by the Planning Commission is deemed objectionable, the matter may be officially appealed to the City Council in writing within fourteen (14) days of the date of the Commission's decision. Said appeal is filed with the City Clerk (CMC Section 19.12.170). Contact the City Clerk's office for more information or go to www.cupertino.org/cityclerk for an appeal form. t FLOWCHART FOR HEARING ITEMS: Chair introduces agenda item + (chairopensthepubiichearing) <-1 vclo,Im.@m,irs;ilo,nQelAr,s,7e,pmomrtlal,nl,yas+;t,en. + ' -- -- -- Staffrerceopmortmseannddatmloankes % qCuoemsmtioisnssi.oners ask clarifying + ApplicantorAppellant ( Forappealsofapprovals,the makes presentation applicant may respond to (up to 8 min) l appellants presentation. + Commissioners aik questions of staff or applicant/appellant + , Chairinvitesmembersof ff SpeakerssubmitaRequesttoSpeak thepublictospeakabout l card, and are allowed up to 3 I the agenda item l minutes per individual. I Commissioners may ask questions of % speakers. Chair invites applicant/appellant to respond to public comments (2 min) + (chairctosesthepublichearirg) + 6ommissio;v7tes - Tahseeccohna:amtiearyirheeqcuieossfeaomriohfeopnuabni:dc " on fhe agenda 'kam I hearing. Commission then l deliberates and votes. COMMUNICATING WITH COMMISSION All Commissioners: Steven Scharf Muni Madhdhipatla David Fung Seema Lindskog Tejesh Mistry Planning Division City Ha PlanningCommission@cupertino.org SScharf@cupertino.org M Madhdhipatla@cupertino.org DFung@cupertino.org SLindskog@cupertino.org TMistry@cupertino.org Planning@cupertino.org www.cupertino.org (408) 777-3308 (408) 777 -CIT/ 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. USEFULTELEPHONENUMBERS * I City of Cupertino (City Hall) General Information and Comments (408) 777-CITY Fire (Emergency) Santa Clara County Fire Dept. dispatch 911 l.' Fire (Non-Emergency ) Santa Clara County Fire Dept. (408) 378-4010 Garbage RecologySouthBay (408)725-4020 IGas & 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 PublicHealth Santa Clara CountyPublic Health (408)732-3720 I SanitarySewers CupertinoSanitary District (408)253-7071 Water SanJoseWater (408)279-7900 .1 CaliforniaWater (650)917-0152 ' CITY OF CUPERTINO lr 'l , IN PERSON AND TELECONFERENCE MEETING For more information: (408) 777-3308 www.cuper+ino,org CUPERTINO CITY OF CUPERTINO AGENDA PLANNING COMMISSION 10350 Torre Avenue, Council Chamber and via Teleconference Teleconference Location Pursuant to Government Code section 54953(b)(2); 10317 McKalla PI, Austin Texas, 78758 Tuesday, November 14, 2023 6:45 PM 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 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. Members of the audience who address the Commission 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 by 5:00p.m. on Tuesday, November 14to the Commission at planningcommission@cupertino.org. These e-mail comments w"ll be received by the commission members 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. Teleconferencing Instructions To address the Commission, click on the link below to register in advance and access the meeting: Online Page I Planning Commission Agenda November 14, 2023 Register in advance for this webinar: https://cityofcupertino.zoom.us/webinar/register/WNWqEKIt02QzmyalmOZRmRlw Phone Dial: 669-900-6833 and enter WEBINAR ID: 935 4212 5978 (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) 213.19.144.110 (Amsterdam Netherlands) 213.244.140.110 (Germany) 103.122.166.55 (Australia Sydney) 103.122.167.55 (Australia Melbourne) 69.174.57.160 (Canada Toronto) 65.39.152.160 (Canada Vancouver) Meeting ID: 935 4212 5978 . SIP: 93542125978@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 Chair 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. Page 2 Planning Commission Agenda November 14, 2023 PLEDGE OF ALLEGIANCE ROLL CALL APPROV AL OF MINUTES 1. $: Approve the May 23 Planning Cornmission minutes. Recommended Action: Approve the May 23 Planning Commission minutes. 1- Draft Minrites POSTPONEMENTS ORAL COMMUNICATIONS This portion of the meeting is reserved for persons zoishirtg to address the Commission ort any matter within the jurisdiction of the Commissiorx and riot 072 the agenda. Speakers are limited to three (3) mirxutes. In most cases, State lazo will prohibit the Commission from malcing any decisions zoith respect to a matter not on the agenda. WRITTEN COMMUNICATIONS CONSENT CALENDAR - None Urdess there are separate discussions arxd/or actions requested by co'bmcil staff or a member of the public, it is requested that items urtder the Corisent Calendar be acted ort simultaneously. PUBLIC HEARINGS 2.Mrinicipal Code Amendment to Chapter 19.76 and a Conditional Use Permit and Parking Exception for the use of a former public sohool site for a private K-9 educational facility. (Application No.: MCA-2023-003; U-2023-002; EXC-2023-009 Applicant: City of Cupertino; Grace Stanat on behalf of Tessellations; Location: BA-zoned (Public Building) properties in Cupertino; 1170Yorkshire Drive; APN# 362-08-001) Recommended Action: That the Planning Coznrnission adopt the proposed draft resolutions (Attachments I through 3) recommending that the City Council: 1. Adopt the Minicipal Code Amendment (MCA-2023-003) 2. Approve the Conditional Use Permit (U-2023-002); and 3. Approve the Parking Exception (EXC-2023-009) 1 - Draft Resolution for MCA-2023-003 2 - Draft Resolution for U-2023-002 3 - Draft Resolution for EXC-2023-009 4 - Plait Set (abridged due to limitations of state law prirsuant to SB1214) 5 - Applicant's Project Description 6 - Public Comments Page 3 Planning Commission Agenda Novembet 14, 2023 $: Conditional Use Permit Amendment and Architectural & Site Approval to consider a modification of the original Main Street Use Permit (U-2008-01) for the addition of a second floor within Shop 1 (TD Ameritrade). (Application No.: M-2022-003; ASA-2023-009; Applicant: Main Street Cupertino Retail Property, LLC; Location: 19409 Stevens Creek Blvd. (APNs: 316-20-112) Recommended Action: That the Planning Commission adopt the proposed draft resolutions (Attachment I & 2) to: 1. Adopt the Third Addendtirn to aii EIR and approve the Conditional Use Permit Amendment (M-2022-003); and 2. Approve the Architecttiral and Site Approval Permit (ASA-2023-009). Staff Repoort 1. Draft Resolution for M-2022-003 2. Draft Resolution for ASA-2023-009 3. Plan Set 4. City Corincil Resolution No. 12-098 5. Third Addendum to the Final Environmental Impact Report for the Main Street (upertino Project (SCH# 2008082058') 6. Public Comment $: Proposed amendments to Municipal Code Chapter 19.12, Chapter 19.28 and Chapter 19.112 regarding Two-Story Permit and Accessory Dwelling Unit (ADU) laws. (Application No. MCA-2023-002; Applicant: City of Cupertino; Location: City-wide) Recornrnended Action: That the Planning Commission adopt the draft resolution (Attachment 1) recommending that the City Coincil adopt an ordinance to: 1. Find that the proposed actions are exempt from the California Environmental Quality Act (CEQA) and CEQA Guidelines; and 2. Amend the following: a. Chapter 19.12, Administration, and b. Chapter 19.28 Single-Family Residential (R-I) Zones. c. Chapter 19.112, Accessory Dwelling Units (ADU) Staff Report 1. Draft Resotution 2. CA Govt. Code Sections 65852.2 and 65852.22 OLD BUSINESS - None NEW BUSINESS - None ST AFF AND COMMISSION REPORTS FUTURE AGENDA SETTING ADJOURNMENT Page 4 Planning Commission Agenda November 14, 2023 If you challenge the action of the P4arming Commission in court, you may be Limited to raisirtg only those issues you or someone dse raised at the public hearing described in this agenda, or iry written correspondence delivered to the Cih) of Cupert'mo at, or prior to, the public hearing. Irx the event an action taken by the Plartrting Commissiorx is deemed objectionable, the matter may be officially appealed to the Cih) Counci7 in writing voithin fourteerx (14) days of the date of the Commission's decision. Said appear is filed zoith the City Clerk (Ordinance 632). Irt compliance with the Americans with Disabilities Act (ADA), anyone who is plarxrx'mg to attend this meeting zoho is visually or hearing impaired or has arty disab'dity 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, uport request, in advance, by a person with a disability, meeting agendas and writings distributed for the meetirxg that are public records will be made avai7able irx the appropriate alternative format. Any v.oritings or documertts provided to a majority of the Plawirtg Commission after pub7icatiort of the packet zoill be made available for public irxspection in the Commurtih) Development Department located at City Hall 10300 Torre Avenue, Cupertino, Ca(ifornia 95014, during rxormal business hours; artd 'm Pla;nrting packet archives linlced from the agenda/minutes page ort the Cupertino roeb site. IMPORTANT NOTICE: r4ease be advised that pursuant to Cupertino Municipal Code section 2.08.l00roritten communications sent to the Cupertirto Cih) Council, Commissioners or Cih) staff concerrxirtg a matter orx the agenda are included as supplemerttal materia7 to the agertdized item. These zorittert commvmications are accessible to the puMic through the City's website a;nd kept in packet archives. Do not include arxy personal or private informatiort'm writtert commurtications to the City that you do riot zoish to make public, as zoritten communicatiorts are considered public records and will be made publicly available on the City zoebsite. Members of the public are entit(ed to address the Planning Commission concerning any item that is described in the notice or agenda for this meet'mg, before or during consideration of that item. If you roish to address the Plarming Commission on a;ny issue that is on this agenda, please complete a speaker request card located in front of the Commission, and deliver it to the City Staff prior to discussion of the item. W7qert you are called, proceed to the podium and the Chair wil7 recognize you. If you wish to address the Planning Commissiorx 07'! any other item not on the agenda, you may do so by during the public comment portiort of the meeting follozo'mg the same procedure described above. Please Limit your comments to three (3 ) minutes or less. For questions on cmy items 'm the agenda, or for documents related to any of the items on the agenda, contact the Plam'mg Department at (408) 777 3308 or plarming@cupertino.org. Page 5 CONDUCT OF BUSINESS The Chair is the presiding officer of the Planning Commission. 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 Chair. Planning Commission 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. The proceedings of the meeting are recorded, therefore members of the audience who address the Commission at an in-person meeting 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. FLOWCHART FOR HEARING ITEMS: Chair introduces agenda item + (-=-------------=-==-')-1 5:.:-,?:::s:=-==,=.:. I "-"-"' ""-"""""""""""'-+ Staffrerceopmortmseannodatmoankes # qcuoemsmtlo:snss:.oners ask clarifying + ApplicantorAppellant _ Forappealsofapprovals,the makes presentation aP41:carTt maV respond iO (7p to B min) I appellants presentation. + Commissioners ask questions of staff or . applicant/appellant + Chairinvitesmembersof ff SpeakerssubmitaRequesttoSpeak thepublictospeakabout i card, and are allowed up to 3 theagendaitem i minutes per individual. i Commissioners may ask questions of + speakers. Chair invites applicanUappellant to respond to public comments (2 min) + (Chairclosesthepublichearin' + , _l The Chair may request a motion andc ,omm'ss'onvofas i 'J asecondafferthecloseofthepublic on'heagenda"m I i hearing. Commission then I deliberates and votes. ' PUBLIC HEARINGS The Planning Commission 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. 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. COMMISSION MEETINGS The Planning Commission regularly meets the second and fourth Tuesdays of each month. Urgent business, holidays, or election days may trigger special or adjourned meetings. These meetings will be noticed beforehand. AGENDAS, MINUTES, AND PACKETS AV AILABIE ON THE WEB Agendas, minutes, and packets for current and prior Planning Commission meetings are available at www.cupertino.org, or you can purchase the items on CD. PLANNING COMMISSION DECISION In the event an action taken by the Planning Commission is deemed objectionable, the matter may be officially appealed to the City Council in writing within fourteen (14) days of the date of the Commission's decision. Said appeal is filed with the City Clerk (CMC Section 19.12.170). Contact the City Clerk's office for more information or go to www.cupertino.org/cityclerk for an appeal form. COMMUNICATING WITH COMMISSION All Commissioners: PlanningCommission@cupertino.org Steven Scharf SScharf@cupertino.org Muni Madhdhipatla MMadhdhipatla@cupertino.org David Fung DFung@cupertino.org Seema Lindskog SLindskog@cupertino.org Tejesh Mistry TMistry@cupertino.org Planning Division Planning@cupertino.org (408) 777-3308 CityHall www.cupertino.org (408)777-CITY 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) 7:00p.m. Saturday (replay) 9:00a.m. INTERNET City Council and Planning Commission videos are available on demand at www.cupertino.org. Select "l 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 a nnOu ncements, 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 RecologySouthBay (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 SanitarySewers CupertinoSanitary District (408) 253-7071 Water SanJoseWater (408)279-7900 CaliforniaWater (650)917-0152 CITY OF CUPERTINO CUPERTINO PtANNING COMMISSION NOTICE IS HEREBY GIVEN that the regular meeting of the Cupertino Planning Commission scheduled for Tuesday, October 24, 2023, beginning at 6:45 p.m., is canceled. The next regular meeting will be Tuesday, November 14, 2023, beginning at 6:45 p.m. at Council Chambers, 10350 Torre Avenue, Cupertino, CA and via teleconference Dated 19 0ctober 2023. /s/Ben Fu Ben Fu, Director Community Development CUPERTINO CITY OF cUP-nAWNd-FQ' "'-!- ROtt CAI,t APPROV AI, OF MINUTES '@Eo""' a ""'SI6 TURE 1. : Approve the September 28, 2023 Administrative Hearing Minutes Recommended Action: Approve tlie September 28, 2023Adrninistrative Hearing Minutes 1- Draft Minutes POSTPONEMENTS ORAL COMMUNICATIONS TJiis portion of the meeting is reserved for persons zoishing to address the Committee 07? any matter within the jurisdiction of the Committee and not on the agenda. Speakers are limited to t'liree (3) minutes. In most cases, State raw rti'd( prohibit tlie Commission from making any decisions with respect to a matter yiot on the agenda. PUBLIC HEARINGS O[,D BUSINESS NEW BUSINESS : Fence Exception for an electronic gate at an existing Church (Saint Andrew Armenian Church). Recommended Action: That the Hearing Officer adopt the draft resolution to: 1. Find that the proposed actions are exempt from CEQA; and 2. Approve the Fence Exemption Staff Report 1- Draft Resolution 2 - Site Plan 3 - Vulnerability Assessment Worksheet ADJOURNMENT Page I Administrative Hearing Agenda 0ctober 26, 2023 Irt compliance zoith the Americans zoith Disabilities Act (ADA), anyone wlio is planning to attend this meeting who is visually or 7xearing impaired or has any disabilih) that needs special assistance should call tlie Cih) Clerk's Office at 408-777-3223, at (east 48 hours in advance of the meeting to arrange for assistance. 77? ctddition, upon request, in advance, by a person witli rt disability, meeting agendas and writings distributed for tlie meeting that are public records zoill be made available in the appropriate alternative fomat. Arty writings or documents provided to a majorih) of the members after publication of the agenda toil( be made available for public iyispection. Please contact the Citi) Clerk's Office'm City Hall Located at 10300 Torre Avewe, Cupertiiqo, Calif6rraa f)5014, dx.tring normal bus'mess hours. IMPORTANT NOTICE: Please be admsed Uxat pursuant to Cupertino Municipal Code section 2.08.100 witten communicaHons sent to the Cupertiw Cih) Council, Commissioners or City staff concerning a matter on the agenda are included as supp(ernental terial to the age'ndized item. These written communications are accessible to the public through the City's vnebsite and kept in parJcet archives. Do not include any personal or private information in written rximmunications to The City that you do not wish to make public, as written cmnmunications are considered public recmds zd ill be made publicly availab(e on the City website. Members of the public are entitled to address the members concerning any item Uiat is described in the notice or agenda for tliis meeting, before or during consideration of that item. If you wish to address the members on any other item not on the agenda, you >nap do so during the public co>nment. Page 2 CITY OF CUPERTINO COMMUNITY DEVE"i " "T" PLANNING DIVISIO L-:i.l CITY HALL NOTICE IS HEREBY GIVEN that the regular meeting of the Cupertino Planning Commission scheduled for Tuesday, October 10, 2023, beginning at 6:45 p.m., is canceled. The next regular meeting will be Tuesday, October 24, 2023, beginning at 6:45 p.m. at Council Chambers, 10350 Torre Avenue, Cupertino, CA and via teleconference. Dated 5 0ctober 2023. /s/Ben Fu Ben Fu, Director Community Development STA7f'E OF CAur'7 CITY OF CUPERTINO - l' io) * CITY HALL (TIME) POSTED SIGNATURE NOTICE IS HEREBY GIVEN that the regular meeting of the Cupertino Plg Commission scheduled for Tuesday, September 26, 2023, beginning at 6:45 p.m. in Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, CA 95014 and via teleconference, is canceled. Dated 21 September 2023. /s/Ben Fu Ben Fu, Director Community Development CITY OF CUPERTINO COMMUNITY DEVElOtPa PLANNING DIVISIO$, STATEOFCALIF(:Ft :€A 'F o.: a. J 'i CUPERTINO PLANNI-NG'-COMMISSION NOTICE IS HEREBY GIVEN that the regular meeting of the Cupertino Platwing Commission scheduled for Tuesday, September 12, 2023, beginning at 6:45 p.m., is canceled. Tlie next regular meeting will be Tuesday, September 26, 2023, beginning at 6:45 p.m. at Council Chambers, 10350 Torre Avenue, Cupertino, CA and via teleconference. Dated 7 September 2023. /s/Ben Fu Ben Fu, Director Community Development CITY OF CUPERTINO COMMUNITY DEVEIOPMENT DEPARTMENT PLANNING DIVISION CITY HALL 10300 TORRE AVENUE - CUPERTINO, CA 9501 4-3255 TELEPHONE: (408) 777-3308 - FAX: (408) 777-3333 CUPERTINO.ORG NOTICE OF CANCE[ATION CUPERTINO PLANNING COMMISSION NOTICE IS HEREBY GIVEN that the regular meeting of the Cupertino Planning Cornrnission scheduled for Tuesday, August 8, 2023,beginning at 6:45 p.m., is canceled. The next regular meeting will be Tuesday, August 22, 2023, beginning at 6:45 p.m. at Council Chambers, 10350 Torre Avenue, Cupertino, CA and via teleconference Dated 3 August 2023. /s/Ben Fu Ben Fu, Director Community Development STATE OF CALIFOP.''HA CITY OF GUM!RTINO S'a(-i"xi"-i'(t'laC'i"+ia-I""/.'i-" BULLETIN BOARD Aa' C:iT\ N4ALL CUPERTINO PLANNING COMMISSION NOTICE IS HEREBY GIVEN that the regular meeting of the Cupertino Planning Commission scheduled for Tuesday, July 11, 2023, beginning at 6:45 p.m., is canceled. The next meeting will be Tuesday, July 25, 2023, beginning at 6:45 p.m. at Council Chambers, 10350 Torre Avenue, Cupertino, CA and via teleconference. Dated 5 July 2023. /s/Ben Fu Ben Fu, Director Community Development CUPERTINO RO[,I, CAI,L CITY OF STATE OF CALIF('>N,." i!.'i acbsffiMP APPROV At OF MINUTES 1. : Minutes from September 14, 2023 Recommended Action: Approve miiiutes from September 14, 2023 A - Draft Minutes POSTPONEMENTS ORAL COMMUNICATIONS This portirm of the meeting is reserved for persons wishing to address the Commission on any matter withirx the jurisdictirm of the Commission and not on the agenda. SpeaJcers are limited to three (3) minutes. In most cases, State raw wiu prohibit the Cgrnmission from making any decisions with respect to a matter not on the agenda. WRITTEN COMMUNICATIONS OtD BUSINESS 2.: Public Safety Forum Recommended Action: Review 2023 Public Safety Forum Presenter: Meredith Albert NEW BUSINESS ST AFF AND COMMISSION REPORTS 3. 4. Page 1 Public Safety Commission Agenda November 9 2023 5. : Report by the City of Cupertino Recornrnended Action: Receive report by the City of Cupertino staff liaison Presenter: Meredith Albert 6. : Commissioner's Reports Recommended Action: Receive Commissioners' reports FUTURE AGENDA SET:TING.- . , ADJOURNMENT In compliance u'iith tlie Americaiis with Disabilities Act (ADA), a;nyone who is planni;ng to attend this meeting who is visually or hearing impaired or has any disabiliti) tliat needs special assistance should ca(I 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 witli a disabilih), meeting agertdas and writings distributed for the meeting that are pub(ic records wil( be made available in tlie appropriate alternative format. Any writings or documents provided to ct majority of tlie inembers after publication of the ctgeyzda zoil[ be made available for public inspection. Please contact the City Clerk's Office in City Hall (ocated at 10300 Torre Avemie, Cupertino, Ca(iforrtia 95014, dviring norma7 business hours. IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipcd Code section 2.08.100 written commtmications sent to the Cupertino Cih) Cotmcil Conmxissioners or City staff conceryiing a matter on t}ie agenda are inchtded as supplemental material to t7te agertdized item. These writtert communicatio;ns are accessible to the public through the City's website a;nd kept in packet arcliives. Do not include any personal or private information in written co'tnimmications to the Cih) tliat you do not wisli to make public, as written cozn'inunications are considered public records and r.oil7 be made publicly available 07? the City website. Members of the public rtre entitled to address tlie members concernning any item t7xctt is described in tlie yiotice or agenda for this meetirxg, before or during consideration of t)irtt iteyn. If you wish to address the members 07? aryy otlier item not on tlie agenda, you mcty do so during the public comment. Page 2 CITY OF CUPERTINO ST,ATE OF CALIF(")R "'HA AMENDED SPECIAL CITY THURSDAY, OCTOBER 19. 2023 AT 5:00 NOTICE IS HEREBY GIVEN that a Special City of Cupertino Public Safety Commission Meeting will be held on Thursday, October 19 at 5:00 p.m. regarding the following: Public Safety Forum Speakers include Mayor Hung Wei and representatives from the Santa Clara County Sheriff's Office and Fire Department. Additional speakers include the Santa Clara County FireSafe Cou"icil and a youth spotlight on the winner of the Cupertino Cybersecurity Fair. The event will be moderated by the Cupertino Public 'Saieq Commission. City Councilmembers may also attend. Members of the public will be able to give feedback during Questions and Answer segments. Representatives from each organization win be available throughout the event. This meeting will be held Quinlan Community Center, 10185 North Stelling Road, Cupertino, California. In compliance with the Americans zoith Disabilities Act (ADA), anyone zoho is p7anni;ng to attend this Commission meeting zoho is visualLy or hearing impaired or has any disability that needs specia7 assistance should ca(l the Cih) Clerk's Office at 408-777-3223, at least 48 hours iyi advance of the Commission meeting to arrange for assistance. In addition, upon request, in advance, by a person zoith a disabiliti), Commission meeting agendas and zoritings distributed for the meeting that are public records wiu be made available in the appropriate alternative format. Dated this 17th day of October 2023. /s/Thomas Chin Thomas Chin Emergency Manager r Public Safety Commission Liaison e e e A s A A @ @" @00 FIRE A SFan,@taaearasCo,unetySAN JOSE WATER Starbucks S+evens Creek & Pasadena 6:00 PM I s ROLL CALL APPROV AL OF MINUTES 1.l: Minutes from July 13, 2023 Recommended Action: Approve minrites from July 13, 2023 A - Draft Minutes POSTPONEMENTS ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wish'mg to address the Commissiort on any matter zoithin the jurisdiction of the Commission and not on the agerxda. Speakers are limited to three (3) mimttes. 17"2 most cases, State law will prohibit the Commission from making any decisions with respect to a matter riot on the agenda. WRITTEN COMMUNICATIONS OLD BUSINESS 2.$: Public Safety Forum Recommended Action: Receive updated report on Public Safety Forum Presenter: Thomas Chin 3.$: Block Leader and Citizen Corps Program Review Recommended Action: Receive Presentation on Block Leader and Citizen Corps Presenter: Meredith Albert NEW BUSINESS 4. $: Santa Clara County Fire Department Investigation Process Recornrnended Action: Receive Presentation on Santa Clara Cointy Fire Investigations Presenter: Assistant Fire Marshall Jeremy Davis Page I Public Safety Commission Agenda September 14, 2023 ST AFF AND COMMISSION REPORTS 5.$: Report by the Santa Clara County Fire District Recommended Action: Receive Report by the Santa Clara County Fire District liaison Presenter: Deputy Chief Hector Estrada A - Public Safety Report Jul2023 CUP 6. $: Report by the Spt,y qara Cointy Sheriffs Office Recommended Action: Receive report by the Santa Clara County Sheriffs Office liaison Presenter: Captain Neil Valenzuela 7.$: Report by the City of Cupertino Recommended Action: Receive report by the City of Cupert"uio staff liaison Presenter: Meredith Albert 8. $: Cornmissioner'sReports Recommended Action: Receive Commissioners' reports FUTURE AGENDA SETTING ADJOURNMENT by comp(iance with the Americans with Disabilities Act (ADA), anyorte zoho is planning to attend this meeting zoho is visually or hearing impaired or has any disabilih) that needs special assistance should ca71 the City Clerk's Office at 408-777-3223, at least 48 hours in advance of the meetirxg to arrange for assistance. In addition, uport request, in advance, by a person with a disability, meeting agertdas artd writings distributed for the meeting that are public records will be made available in the appropriate alternative format. Arxy writ-ings or documents provided to a majority of the members after publication of the agenda will be made available for public irxspection. Please contact the City Clerk's Office in City Hall 7ocated at 10300 Torre Averxue, Cupertino, California 95014, during normal business hours. IMPORTANT NOTICE: P(ease be advised that pursuant to Cupertino Municipa7 Code section 2.08.l00toritten communications sent to the Cupertino City Council, Commissioners or Cih) staff concern'mg a matter on the agenda are irtcluded as supplemental material to the agendized item. These written communicatiorts are accessible to the public through the City's zoebsite and kept in packet archives. Do not irxclude any personal or private information in zoritte;n comrmmications to the City that you do not wish to make public, as written communications are corysidered public records and will be made publicly available ort the City website. Page 2 Public Safety Commission Agenda September 14, 2023 Members of the public are entitled to address the members concerning any item that is described in the notice or agenda for this meeting, before or during consideration of that item. If you zoish to address the members on a;+zy other item not on the agenda, you may do so during the public comment. Page 3 ROLL CALL a :I APPROV AL OF MINUTES 1. $: Minutes from May 11, 2023 Recommended Action: Approve minutes from May 11, 2023 A - Draft Minutes POSTPONEMENTS ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wish'trtg to address the Commission 07? any matter within the jurisdiction of the Commission and not on the age;nda. Speakers are Limited to three (3) mimttes. Irt most cases, State law will prohibit the Commission from making any decisions with respect to a matter ;not 07? the agenda. WRITTEN COMMUNICATIONS OLD BUSINESS 2. $: Public Safety Forum Recommended Action: Receive updated report on Public Safety Forum 3.$: Block Leader and Citizen Corps Program Review Recommended Action: Receive Presentation on Block Leader and Citizen Corps Presenter: Marta Drown NEW BUSINESS ST AFF AND COMMISSION REPORTS 4. $: Report by the Santa Clara County Fire District Recommended Action: Receive Report by the Santa Clara County Fire District liaison Presenter: Deputy Chief Hector Estrada Page I Public Safety Commission Agenda July 13, 2023 A - Public Safety Report May2023 B - Public Safety Report June 2023 5.$: Report by the Santa Clara County Sheriff's Office Recommended Action: Receive report by the Santa Clara County Sheriff's Office liaison Presenter: Captain Neil Valenzuela A - Public Safety Report May 2023 B- Public Safety Report June 2023 6.$: Report by the City of Cupertino Recommended Action: Receive report by the City of Cupertino staff liaison Presenter: Thomas Chin 7. $: Commissioner's Reports Recommended Action: Receive Commissioners' reports FUTURE AGENDA SETTING ADJOURNMENT In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend this meeting zoho is visually or heari'ng impaired or has any disabilih) that needs special assistance should ca(l t7ie Cih) Clerk's Office at 408-777-3223, at least 48 hours in advance of the meeting to arrange for assistance. Irt addition, upon request, in advance, by a person with a disabilih), meeting agertdas and writ'mgs distributed for the meeting that are public records wiu be made available in the appropriate alternative format. Any writings or documents provided to a majorih) of the members after publication of the agenda will be made available for public inspection. P7ease contact the City Clerk's Office in Cih) Ha(l located at 10300 Torre Avenue, Cupertino, California 95014, during norma7 business hours. IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipal Code section 2.08.l00written communications sent to the Cuperti;no Cih) Cou;ncil Commissio;ners or Cih) staff concerning a matter on the agenda are included as supplemental materia2 to the agendized item. These written comrmmications are accessible to the public through the Cih)'s website and kept in packet archives. Do ;not include any persona7 or private information in written commvmications to the Cih) that you do not wish to make public, as written comrmmications are considered public records and will be made pub7icly available O?? the Cih) website. Members of the public are e;ntit7ed to address the members concerning any item that is described inn the notice or agenda for this meeting, before or duri;ng consideration of that item. If you wish to address the members 07? any otlier item not 07? the agenda, you may do so during the public commertt. Page 2 Public Safety Commission Agenda Page 3 July 13, 2023 CITY RO[L CAI,L CEREMONIAL MATTERS AND PRESENTATIONS 1. 2. 3. APPROV AL OF MINUTES 4.: Approval of Minutes - October 11, 2023 Recommended Action: Review and approve the minutes from the Teen Commission meeting on October 11, 2023. A - Draft Minutes POSTPONEMENTS ORAl COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address tlie Comrt;iission 072 cmy matter wit7iin the jurisdiction of the Commission and not on the agenda. Speakers are 7iinited to three (3) minutes. Irt most cases, State Law will prohibit the Co'i'imxission from making any decisions witli respect to a matter not on the agenda. Page 1 Teen Commission Agenda November 8, 2023 WRITTEN COMMUNICATIONS OI,D BUSINESS NEW BUSINESS 5. : December Teen Cornrnission Meeting Possible Cancellation Recornrnended Action: Discuss and provide feedback on possible cancellation of December Teen Commission Meeting. ST AFF AND COMMISSION REPORTS COMMISSIONER ATTENDANCE AT UPCOMING MEETINGS AND EVENTS FUTURE AGENDA SETTING ADJOURNMENT In compliance with the Americans with Disabilities Act (ADA), anyo;ne who is planning to attend this meeting who is visually or 7xearing impaired or has any disabilih) that needs special assistance should call the City Clerk's Office at 408-777-3223, tit (east 48 hours in advance of the meeting to arrange for assistartce. 77? addition, upon request, in advance, by a perso;n with a disability, meeting agendas and writings distributed for the meeting that are public records wi7( be made ctvailctble in the appropriate a(ternative format. Any zoritings or documents provided to a majority of the members after pub(ication of the agenda will be made avai{abde for public inspection. Please contact the Cih) Clerk's Office in City Ha71 Located at 10300 Torre Avenue, Cupertino, Calfornia 95014, during normal business hours. IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipctl Code section 2.08.100 written cort;imunications sent to the Cupertino City Council Commissioners or Cih) staff concerning a matter 07? the agenda are included as supplemental materictl to the agendized item. These written communications are ctccessib7e to the public througli the Cih)'s website and kept in packet archives. Do not incLr.tde any persona7 or private i;nformrttion in written communications to the City tliat you do not wish to make public, as written coinmtmications are considered public records and zoill be made publicly available on the City website. Members of the public are entit(ed to address the members concerning any item thctt is described in the notice or agertda for this meeting, before or during consideration of that item. If you wish to address the rt'tembers on any other iteyn not on the agenda, you may do so during the pxib7ic comment. Page 2 CITY OF CUPERT'IN6 ' J=2 ST AFF AND COMMISSIONER INTRODUCTIONS APPROV AL OF MINUTES 1.l: April, 20, 2023 Sustainability Commission Miiiutes Recommended Action: Approve the April 20, 2023 Sustaiiiability Commission Miiiutes A - Draft Minutes POSTPONEMENTS ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the Commission on any matter within the jurisdiction of the Commission and not on the agertda. Speakers are Iimited to three (3) minutes. In most cases, State law zoill prohibit the Commission from making any decisions zoith respect to a matter not 07? the agerida. WRITTEN COMMUNICATIONS OLD BUSINESS ST AFF AND COMMISSION REPORTS NEW BUSINESS 2. $: Staff update on the development of the new Landfill Agreement Recommended Action: Receive staff update 3. l: Staff update on Sustainability Division restructuring Recommended Action: Receive staff update 4. l: Staff update on Sustainability Commission budget Recommended Action: Receive staff update Page I Sustainability Commission Agenda October 19, 2023 5. $: Staff update on Sustainability Division budget Recommended Action: Receive staff update FUTURE AGENDA SETTING ADJOURNMENT 17? compliance with the Americayis with Disabilities Act (ADA), anyone mho is planning to attend this meeting who is visualLy or hear'mg impaired or has any disab'dity that needs special assistance shovdd cau the City CLerk's Office at 408-777-3223, at 7east 48 hours in advance of the meeting to arrange for assistance. In addition, upon request, in advance, by a persort with a disability, meeting agendas and zoritings distributed for the meetirtg that are puMic records will be made available irt the appropriate alternative format. Any writings or documents provided to a majority of the members after publicatioyq of the agenda roiu be made avctilab7e for public inspection. Please contact the City Clerk's Office in City Hall located at 10300 Torre Avenue, Cupertino, Ca7iforrtia 95014, during normal business hours. IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipal Code section 2.08.l00writte;n commvmications seyd to the Cupert'mo City Co'bmcil Commissioners or City staff concerning a matter on the agenda are inc7ttded as suppLementa7 materia7 to the agendized item. These zoritten communications are accessible to the public through the City's zoebsite and kept in packet arcliives. Do not iyicLude any personal or private informatiory in writterx commtmications to t7ie City tliat you do yiot voish to make public, as writteyi comm'tniicatioris are considered public records ayid wiL7 be made pubdicly available 07'l the City zoebsite. Members of the public are entit(ed to address the members concerning any item that is described in the notice or agenda for this meeting, before or during consideration of that item. If you wish to address the members on (77?!/ other item not on the agenda, you may do so during the public commerit. Page 2 CITY OF CUPERTINO STATE OF CALNFO:R:,f[ A CJnfa /1/IANAGER'S OFFtCE CUPERTINO.ORG NQTICE OF CANCELATJON CUPERTINO SUSTAINABILITY COMMISSION NOTICE IS HEREBY GIVEN that the regular meeting of the Cupertino Sustainability Commission sdteduled for Thursday, July 20, 2023 is canceled due to lack of business. The next regular meeting will be Thursday, October 19, 2023, beginning at 4:00 p.m. in Community Hall, 10350 Torre Avenue, Cupertino, C A, Dated this 6th day of July, 2023 /s/ Victoria Morin Liaison CUPERTINO CALL TO ORDER SS 10185 N Stelling Rd, Qqip{HHqonference ROLL CALL CEREMONIAL MATTERS AND PRESENT ATIONS 1.3: Swearing-in Ceremony for Incoming 2023-2025 Teen Commissioners Recornrnended Action: Swear in the five incoming Teen Cornrnissioners for the 2023-2025 Teen Commissioner term. 2. 3: Teen Commission Orientation Recommended Action: Receive an overview of the Commissioner's Handbook from City Clerk. A - Commissioner's Handbook B - The Brown Act C - Rosenberg's Rules of Order D - Cupertino Ethics Policy E - Tea'inology Use Policy 3.: Community Outreach Presentation Recornrnended Action: Receive Comrminity Outreach Presentation. A - City of Cupertino Brand Guidelines B - Cupertino Style Giide C - Social Media Policy APPROVAL OF MINUTES 4.: Approval of Minutes - August 9, 2023 Recornrnended Action: Review and approve the minutes from the Teen Commission meeting on August 9, 2023. A - Draft Minutes POSTPONEMENTS ORAt COMMUNICATIONS Page 1 Teen Commission Agenda September 13, 2023 This portion of the meeting is reserved for persons zois)iing to address tJie Commission on any matter witl;i'm the jurisdiction of t)'xe Comynission and not on the agenda. Speakers are limited to three (3) rninutes. In most cases, State Law will prohibit the Commission from making any decisions witli respect to a matter not 07? tlie agenda. WRITTEN COMMUNICATIONS OtD BUSINESS 5. NEW BUSINESS : 2023-2024 Chair and Vice Chair Selection Recommended Action: Select a Chair and Vice Chair for the 2023-2024 Teen Commission term. ST AFF AND COMMISSION REPORTS COMMISSIONER ATTENDANCE AT UPCOMING MEETINGS AND EVENTS FUTURE AGENDA SETTING ADJOURNMENT In compliance with tlie Americans wit7i Discibilities Act (ADA), anyone who is planning to.attend tJiis meeting zdzo is visually or 1;iearing impaired or has ashy disabilih) that yieeds special assistayice should call the Cih) Clerk's Office at 408-777-3223, at least 48 7xours in advance of tJie meeting to arrnnge for assistance. In addition, upo'n request, in advance, by a perso;n with a disability, meeting agendas and writ'mgs distributed for the meeting fliat are public records wil7 be made available in the appropriate alternative formctt. Any writings or documents provided to a majorih) of the members after puMication of t'lie agenda will be made available for pu'Mic inspection. Please contact the City C7erk's Office in City HalL located at 10300 Torre Avenue, Cupertino, Califor;nia 95014, during norma7 business hours. IMPORTANT NOTICE: P(ease be advised that prgsuctnt to Cupertino Municipa7 Code section 2.08.100 written communications sent to tJie Cupertino City Council, Commissioners or City staff concerning a matter on tlie age'nda are included as supplemental material to the agendized item. These written communiccttions tire ctccessible to t7ie public t7irough t'lie City's website and lcept in packet archives. Do not include any persona( or private information in written commu;niccttions to t7ie City that you do ;not wisli to make public, as written commtmications are considered public records and will be made publicly avctilctb7e on the City website. Members of the public are entit7ed to address the members concerning any item Uiat is described in the notice or agenda for this meeting, before or during consideration of thctt item. If you wish to address the Page 2 Teen Commission Agenda September 13, 2023 rt'tembers on any otlier item not 07? the agenda, yoy.t may do so during tlie public comment. Page 3 CITY OF CUPERTINO ROtL CALL CEREMONIAL MATTERS AND PRESENT ATIONS SKGNATURE 1.: 2023 Summer Programs Presentation Recommended Action: Receive a presentation on 2023 Summer Programs from Recreation Coordinator, Christina Lopez. 2.: 2023 Fall Window Painting Recommended Action: Receive a presentation on 2023 Fall Window Painting from Recreation Manager, Sonya Lee. A - Window Painting Flyer APPROV AL OF MINUTES 3. POSTPONEMENTS ORAt COMMUNICATIONS Tliis portio;n of the meeting is reserved for persons zoishing to address the Commission on any matter within the jurisdiction of the Commission and not on the agenda. Speakers are limited to three (3) minutes. In most cases, State 7ctw wil7 prohibit the Commission from making any decisions with respect to a matter not 071 the agenda. WRITTEN COMMUNICATIONS OLD BUSINESS NEW BUSINESS Page I Teen Commission Agenda 0ctober 11, 2023 4.: New Youth Led Organization Highlight Program Recornrnended Action: Receive a presentation and provide feedback on the new Youth Led Organization process from Recreation Coordinator, Robert Kaifman. A - YLO Highlight Program Flyer 5. : Teen Resource Fair March 2024 Recommended Action: Receive a presentation and provide feedback on the Teen Resource Fair in March 2024 from Recreation Coordinator, Robert Kaufman. 'ST AFF AND COMMISSION REPORTS COMMISSIONER ATTENDANCE AT UPCOMING MEETINGS AND EVENTS FUTURE AGENDA SETTING ADJOURNMENT In compliance zoit7x tlie Americans with Disabilities Act (ADA), anyone ru/xo is planning to attend this meetirtg zoho is visuctl7y or hear'mg impaired or has any disabiliti) that needs special assista;nce shou(d call the City Clerk's Office at 408-777-3223, at (east 48 liours in advance of tlie meetiyig to arrange for assistance. In addition, upon request, in advance, by a person roith a disability, meeting agertdcts and writings distributed for the meeting that are public records will be made avai(able in the appropriate alternative format. Any writings or documents provided to a majority of the members after publication of the agenda will be made available for public inspection. Please contact the Cih) C(erk's Office in Citi) Ha(7 Located at 10300 Torre Avenue, Cupertino, California 95014, during'norma7 business hours. IMPORTANT NOTICE: Please be advised tliat pursuant to Cupertino Municipal Code section 2.08.100 zoritten commxmications sent to the Cupertino City Cotozcil Commissioners or City staff concerning a matter 07? the agenda tire inchtded as sx.tpplemental materia7 to the agendized item. These written communications are accessible to tlie public tlirough tlie City's u>ebsite a;nd kept in packet archives. Do not include a;ny personal or private information in uiritten coynmunications to the Cih) that you do not wish to make public, as written commvmications are considered public records and will be made pub(icly available on the Citi) zoebsite. Mmbers of the public are entitied to address the members concerning any item that is described in the notice or agenda for this meeting, before or during consideratiori of that item. If you wish to address the members Off arty other item not 071 the agenda, you mgy do so during the public a:imment. Page 2 6:00 PM 5AdZ .S CALL TO ORDER ROLL CALL APPROV AL OF MINUTES 1.$: Approval of Minutes - Ju'ie 14, 2023 Recommended Action: Review and approve the minrites from the Teen Commission meeting on Jine 14, 2023. A - Draft Minutes POSTPONEMENTS ORAL COMMUNICATIONS This portion of the meeting is reserved for persorys zoishing to address the Commission ori any matter within the jurisdictiorx of the Commission and not on the agenda. Speakers are 7imited to three (3) minutes. In most cases, State lazo will prohibit the Commission from malc'mg any decisions with respect to a matter not 07? the agenda. WRITTEN COMMUNICATIONS OLD BUSINESS NEW BUSINESS 2.$: Discussion on Youth Led Organizations and Volinteer OpporUunties Recommended Action: Discuss Youth Led Organizations Opporttinities led by Robert Kau.fman, Teen Coordinator. 3. l: Walking Tour from McClellan Ranch Preserve to Blackberry Farm Recommended Action: Take a walking tour on the Stevens Creek Trail from McClellan Ranch Preserve to Blackberry Farm Pool and back. ST AFF AND COMMISSION REPORTS Page I Teen Commission Agenda August 9, 2023 COMMISSIONER ATTENDANCE AT UPCOMING MEETINGS AND EVENTS FUTURE AGENDA SETTING ADJOURNMENT In comp(iaryce zoith the Americans with Disabilities Act (ADA), anyone who is planning to attend this meeting zoho is visually or hearing impaired or has any disability that rteeds specia7 assistartce should call the City Clerk's Office at 408-777-3223, at least 48 hours Err advartce of the meeting to arrarxge for assistance. In addition, upon request, in advartce, by a persorx with a disability, meeting agendas and zoritings distributed for the meeting that are puMic records wil7 be made available in the appropriate alterrxative format. A7?:!/ writi;ngs or documents provided to a majority of the members after publication of the agertda zo'd7 be made available for public inspection. Please contact the City Clerk's Office in City Hall Located at 10300 Torre Avenue, Cupertino, Ca(ifornia 95014, durirtg rxormal business hours. IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipal Code section 2.08.l00writtert commurtications sent to the Cupertino Cih) Courxcil, Commissiorters or Cih) staff concerning a matter on the agenda are inc7ttded as supplementa7 materia7 to the agendized item. Tliese written communications are accessible to the public through the City's website and kept in packet archives. Do not inclttde any personal or private information in zoritten commurtications to the City that you do not wish to make puMic, as written communicatio;ns are cortsidered public records and zoiLl be made publicly available on the Cih) zoebsite. Members of the public are erttitled to address the members concerning ashy item that is described in the notice or agenda for this meeting, before or dur'mg consideration of that item. If you wish to address the members on any other item riot 07? the agenda, you may do so during the public comment. Page 2 CITY OF CUPERTINO STATE OF CALIFORN[ A I, (.G . AN CUPERTINO TEEN cJ!'!SIGNATURE NOTICE OF CANCELLATION NOTICE IS HEREBY GIVEN that the regular meetiiig of the Cupertiiio Teen Commission scheduled for Wednesday, July 12, 2023 beginning at 6:00 p.m., is canceled. The next regular meeting will be held on Wednesday, August 9, 2023 beginning at 6:00 p.m., McClelIan Ranch Preserve, 22221 McClellan Road, Cupertino, CA 95014. Dated this 29'h Day of June, 2023 S=t7tp Sonya Lee, Recreation Manager Parks and Recreation Department CUPERT!NO l I A)' i iy, Jdllui 3;"D 4 € 7:00 PM I-z /"Z L /z ) ROLL CALL APPROV AL OF MINUTES 1.$: Approve the October 30, 2023, Special Meeting Minutes. Recommended Action: Approve and file the October 30, 2023, Special Meeting Minutes. A - Draft Minutes ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the Commission on any matter within the jurisdiction of the Commission and rxot on the agenda. Speakers are limited to three (3) minutes. In most cases, State law wiu prohibit the Commission from making any decisions with respect to a matter not on the agenda. WRITTEN COMMUNICATIONS NEW BUSINESS 2. $: Recognize Vice Chair Soindarara3an for his eight years of service to the Commission Recommended Action: Recognize Vice Chair Soundararajan for his eight years of service to the Comrnision 3.$: Review TICC 2024 Schedule and Work Plan Recornrnended Action: Review TICC 2024 Schedule and WORK Plan A - Schedule and Work Plan 2024 4.$: Discuss City Coincil Work Program Items for 2024 Recommended Action: Recommend City Council Work Program Items for 2024 Staff Rei:iort A - FY 23-25 Adopted City Work Program B - Items Not Included in FY 23-25 City Work Program C - Submission Form Page I TICC Agenda January 3, 2024 5.$: Receive Infrastructure Overview presentation Presenter: Tommy Yu, Infrastructure Manager Recommended Action: Receive and File Infrastructure Overview presentation A - Infrastnicture Division Overview presentation ST AFF AND COMMISSION REPORTS 6. $: Receive update from Mayor's Meeting with Commissioners Recommended Action: Receive update from the Mayor's Meeting with Commissioners 7.%: Review Mayor's Meeting 2024 Calendar Recommended Action: Review and File the Mayor's Meetings 2024 Calendar A - Mayor's Meeting 2024 Calendar 8. $: Receive Commissioners Report Recommended Action: Receive Commissioners Report FUTURE AGENDA SETTING ADJOURNMENT In compliance roith the Americans zoith Disabilities Act (ADA), anyone who is planning to attend this meetirtg who is visuauy or hearing impaired or has any disability that rteeds specia7 assistarxce shoudd call the City C1erk's Office at 408-777-3223, at Least 48 hours in advance of the meeting to arrange for assistance. Irt addition, uport request, in advance, by a persort with a disability, meeting agendas and writings distributed for the meetirtg that are public records will be made available in the appropriate alternative format. Any writings or documents provided to a majority of the members after publication of the agenda will be made available for public inspection. Please contact the City Clerk's Office in Cih) Hall located at 10300 Torre Avertue, Cupertino, California 95014, during rxormal business hours. IMPORTANT NOTICE: Please be advised that pursuant to Cupertino M'bmicipa7 Code section 2.08.I00 written commuryications sent to the Cupertino City Courtcil, Commissioners or City staff concernirtg a matter on the agenda are included as supplemental material to the agendized item. These roritten communications are accessible to the public through the City's website arid kept iri packet archives. Do not include any persona7 or private informatiort in written communications to the City that you do not wish to make public, as writtert communications are considered public records and zoil7 be made publicly available on the Cih) roebsite. Members of the public are entitled to address the members cortcerning any item that is described in the Page 2 TICC Agenda January 3, 2024 notice or agenda for this meeting, before or durirtg consideration of that item. If you wish to address the members orx any other item yiot on the agenda, you may do so during the puMic comment. Page 3 CITY OF CUPERTINO INNOVATION AND TECHNOIOGY DEPARTMENT CITY HALL 10300 TORRE AVENUE - CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3223 - FAX: (408) 777-3366 CUPERTINO.ORG TECHNOLOGY, INFORMATION, AND COMMUNICATIONS COMMISSION NOTICE OF CANCELATION NOTICE IS HEREBY GIVEN that the regular meeting of the Cupertino Technology Information, and Communications Commission scheduled for Wednesday, December 6, beginning at 7:00 p. m., in Conference Room A, City Hall, 10300 Torre Ave, Cupertino, CA 95014, has been cancelled due to a lack of business. The next regular meetir+g will be Wednesday, January 3, 2024, beginning at 7:00 p.m. in Conference Room A, City Hall, 10300 Torre Ave, Cupertino, CA 95014. Dated this 28' day of November 2023 S"-llz"'i.TE()F'a=.TAL)"F'-. Ih /s/ Marilyn Pavlov Commission Secretary 2,:C,." 'JL ::E il'a a "l .""q a La l' .' ) '(' j '- ' CUPE RTINO Special Meeting NOTICE AND CAL[ FOR A SPECIAL MEETING OF THE CUPERTINO TECHNOLOGY, INFORMATION, AND COMMUNICATIONS COMMISSION NOTICE IS HEREBY GIVEN that a special meeting of the Cupertino Technology, Information, and Communications Commission is hereby called for Monday, October 30, 2023, commencing at 7:00 p.m. in City Hall Conference Room A, 10300 Torre Avenue, Cupertino, California 95014. Said special meeting shall be for the purpose of conducting business on the subject matters listed below under the heading, "Special Meeting." ROtt CALt APPROV AL OF MINUTES SPECIAL MEETING 1.$: Approve the September 5, 2023, Special Meeting Minutes. Recommended Action: Approve and file the September 5, 2023, Special Meeting Minutes. A - Draft Miruttes 09-05-23 2.$: Approve the September 16, 2023, Special Meeting Minutes. Recommended Action: Approve and file the September 16, 2023, Special Meeting Minutes. A - Draft Minutes 09-16-23 ORAL COMMUNICATIONS This portion of the meeting is reserved for persorys wishing to address the Commission ort any matter within the jurisdiction of the Commission and not on the agenda. Speakers are limited to three (3) minutes. In most cases, State law will prohibit the Commission from making a;ny decisio;ns with respect to a matter not on the agenda. Page I TICC Agenda October 30 2023 NEW BUSINESS 3.$: TICC Meeting calendar through December 31, 2024 Recommended Action: Approve the TICC Meeting Calendar through December 31, 2024 A - TICC 2024 Meeting Calendar 4. l: Discuss Cybersecurity 2023 Next Steps Recommended Action: Disaiss and make a recommendations on 1.) Cybersecurity Public Education 2023 Video, 2.) High School Presentation, and 3.) Future Events. 5. l: Cybersecurity 2023 Lessons Learned Recommended Action: Discuss and provide 1.) TICC Cornrnissioner Impressions and 2.) Staff Impressions ST AFF AND COMMISSION REPORTS 6.$: Receive update from Mayor's Meeting with the Commissioners Recommended Action: Receive update from Mayor's Meeting with the Cornrnissioners A - Mayor's Meeting Summary - Sept. 13, 2023 7.$: Review 2023 and 2024 Activities Calendars Recommended Action: Review and file 2023 and 2024 Activities Calendars A - 2023 Activities Calendar B - 2024 Activities Calendar 8.l: Review Action Items List Recornrnended Action: Review and File Action Items List A - Action Items List 9. $: Receive Commissioners Report Recommended Action: Receive Commissioners Report FUTURE AGENDA SETTING ADJOURNMENT b't compliance zoith the Americans with Disabilities Act (ADA), anyone who is planning to attend this meeting who is visually or hearing impaired or has any disabilih) that needs special assistance should call the City Clerlc's Office at 408-777-3223, at (east 48 hours'm advartce of the meeting to arrange for assistance. In addition, upon request, irt advance, by a persorx with a disability, meeting agendas and writings distributed for the meeting that are public records wi71 be made avai(able in the appropriate alternative format. Page 2 TICC Agenda October 30, 2023 Any zoritings or documents provided to a majority of the members after publication of the agenda zoill be made available for public inspection. Please contact the City Clerk's Office in City Hall located at 10300 Torre Avertue, Cupertino, California 95014, during normal business hours. IMPORTANT NOTICE: r4ease be advised that pursuarxt to Cupert'mo Murxicipal Code section 2.08.l00zoritten communications sent to the Cupertino Cih) Council Commissioners or City staff co;ncerning a matter on the agenda are included as supplemerxtal material to the agendized item. These zoritten communications are accessible to the public through the City's website and kept in packet archives. Do not inchtde any persorxa7 or private information in written communications to the City that you do not wish to make public, as written commvmicatiorts are considered public records arid will be made publicly avai7able on the City website. Members of the public are entitled to address the members concerning any item that is described in the rxotice or agertda for this meeting, before or during consideration of that item. If you zoish to address the members on any other item not on the agenda, you may do so durirtg the public comment. Page 3 CITY OF CUPERTINO 132.i5 NOTICE IS HEREBY GIVEN that the regular meeting of the Cupertino Technology Information, and Communications Commission scheduled for Wednesday, November 1, beginning at 7:00 p. m., in Conference Room A, City Hall, 10300 Torre Ave, Cupertino, CA 95014, has been cancelled due to a lack of business. The next regular meeting will be Wednesday, December 6, 2023, beginning at 7:00 p.m. in Conference Room A, City Hall, 10300 Torre Ave, Cupertino, CA 95014 Dated this 17'h day of October 2023 /s/ Marilyn Pavlov Commission Secretary CITY OF CUPERTINO CITY HALL TECHNOLOGY, lNFq@4AIION, ANU NOTICE OF CANCELATION NOTICE IS HEREBY GIVEN that the regular meeting of the Cupertino Teology Information, and Communications Commission sdieduled for Wednesday, October 4, begini'iing at 7:00 p. m., in Corference Room A, City Hall, 10300 Torre Ave, Cupertino, CA 95014, has been cancelled due to a lack of business. The next regular meeting will be Wednesday, November 1, 2023, beginning at 7:00 p.m. in Conference Room A, City Hall, 10300 Torre Ave, Cupertino, CA 95014 Dated this 25"' day of September 2023 /s/ Marilyn Pavlov Commission Secretary CUPERTIN0 AGENDA HMPL6VE'E!'F TAE H'ffiY 6F CUPERT"ITj J X- DEPAR MENT, STA7rE UNDER PENALTY C 1035,,off,eA,nu[e,,om,ffi[I'\,!V TH:NfflWr;Fbnoh ON T TICC Special Meeting NOTICE AND CALL FOR A SPECIAL MEETING OF THE TECHNOLOGY INFORMATION AND COMMUNICATIONS COMMISSION NOTICE IS HEREBY GIVEN that a special meeting of the Cupertino Technology Information and Communications Commission is hereby called for Saturday, September 16, 2023, commencing at 9:30 a.m. in Community Hall, 10350 Torre Avenue, Cupertino, California 95014. 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 This portion of the meeting is reserved for persons wishing to address the Commission 072 any matter within the jurisdictiorx of the Commissio;n and not on the agertda. Speakers are limited to three (3) minutes. In most cases, State law will prohibit the Commission from making any decisions with respect to a matter riot 072 the agenda. NEW BUSINESS 1.$: Cybersecunty Public Education 2023 event Recornrnended Action: Present Cybersecurity Public Education 2023 event to the Community A - Cybersecurity Public Education Flyer B - Cyberseciirity Student Fair Flyer ADJOURNMENT 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 cal7 the Cih) Clerk's Office at 408-777-3223, at least 6 hours 'm advance of the meet'mg 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 Page I TICC Agenda September 16, 2023 alternative format. Any zoritings or documents provided to a majorih) of the members after publication of the agenda will be made availaMe for public inspectiort. Please contact the City Clerk's Office in City Hal7 located at 10300 Torre Avenue, Cupertino, California 95014, during normal busirxess hours. IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipa7 Code section 2.08.l00zoritten communications sertt to the Cupertino Cih) 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 zoebsite and kept in packet archives. Do not include any personal or private information in written communications to the City that you do not zoish to make puMic, as written communications are considered public records and roi7l be made publicly available on the City website. Members of the public are entitled to address the members corxcerning any item that is described in the notice or agenda for this meeting, before or during consideration of that item. If you wish to address the members 07'l a;ny other item riot ort the agenda, you may do so during the public commerxt. Page 2 C UPERTINO 7:00PM // ] 0 Special Meeting NOTICE AND CALL FOR A SPECIAL MEETING OF THE CUPERTINO TECHNOLOGY, INFORMATION, AND COMMUNICATIONS COMMISSION NOTICE IS HEREBY GIVEN that a special meeting of the Cupertino Technology, Information, and Communications Commission is hereby called for Tuesday, September 5, 2023, commencing at 7:00 p.m. in City Hall Conference Room A, 10300 Torre Avenue, Cupertino, California 95014. 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 CAIL APPROV AL OF MINUTES 1.$: Approve the August 2, 2023, regular meeting minutes. Recommended Action: Approve the August 2, 2023, regular meeting minutes. Draft Minutes ORAL COMMUNICATIONS This portion of the meeting is reserved for persons zoishing to address the Commissiorx ort any matter zoithin the jurisdiction of the Commission and not 07? the agenda. Speakers are limited to three (3) minutes. by most cases, State lazo wil7 prohibit the Commission from making arty decisiorts with respect to a matter rxot ort the age;nda. WRITTEN COMMUNICATIONS OLD BUSINESS 2. $: Receive Subcommittee Report on Cyber Seciirity Education from Commissioners Soundararajan and Du. Page I TICC Agenda September5,2023 Recornrnended Action: Receive and Accept Subcommittee Report on Cyber Security Education. A - Cybersecurity Event Presentation B - Cyberseairity Public Education Flyer C - Cybersearrity Student Fair Flyer ST AFF AND COMMISSION REPORTS 3.$: Review Action.Items List. Recommended Action: Review Action Items List. A - Action Items List 4.l: Review Activities Calendar. Recornrnended Action: Review Activities Calendar. A - Activities Calendar 5. l: Receive Commissioners Reports. Recommended Action: Receive Commissioners Reports. FUTURE AGENDA SETTING ADJOURNMENT In compliance with the Americans with Disabilities Act (ADA), anyorte roho is planning to attend this meeting zoho is visually or hearing impaired or has any disabilih) that needs special assistartce sho'tdd call the City CLerk's Office at 408-777-3223, at Least 48 hours in advance of the meeting to arrartge for assistance. by addition, uporz request, in advance, by a persort with a disability, meetirxg agendas arid writings distributed for the meeting that are public records roill be made available in the appropriate alternative format. Any zorit'mgs or documents provided to a majority of the members after publicatiort of the agertda will be made available for puMic inspection. Please contact the City Clerk's Office irt City Hall located at 10300 Torre Avenue, Cupertino, California 95014, dur'mg riormal business hours. IMPORTANT NOTICE: Please be advised that pursuant to Cupertirto Mvmicipal Code sectiorx 2.08.100 zoritten communications sent to the Cupertirto City Cotmcil, Commissioners or City staff concerning a matter on the agertda are included as supplemental material to the agendized item. These zorittery commtmications are accessible to the public through the City's zoebsite and kept in packet archives. Do not irxchtde any persona2 or private information irt written communications to the City that you do not wish to make public, as written communications are considered public records and zoill be made publicly availab(e on the City website. Page 2 TICC Agenda September 5, 2023 Members of the public are erttitled to address the members concerning arxy item that is described in the ryotice or agertda for this meeting, before or during consideration of that item. If you wish to address the members orx arty other item riot on the agenda, you may do so during the public comment. Page 3 CUPERTINO ROLL CALL APPROV At OF MINUTES 1.$: Approve the July 5, 2023, regular meetiitg minutes. Recommended Action: Approve the July 5, 2023, regular meeting minrites. A - Draft Minutes ORAL COMMUNICATIONS This portioyi of the meeting is reserved for persons wishing to address the Commission on any matter withirt the jurisdiction of the Conmzission and not on the ageyida. Speakers ctre Limited to three (3) minutes. by most cases, State lctw wig( proliibit the Commission fro'tn making any decisiorts with respect to a matter not on the agenda. WRITTEN COMMUNICATIONS 2. OLD BUSINESS 3.$: Receive Sribcommittee Report on Cyber Security Education from Commissioners Soundararajan and Du. Recommended Action: Receive and Accept Subcommittee Report on Cyber Security Education. A - Cybersecuritv Awareness Event B - Cybersecurity Awareness 2023 Flyer ST AFF AND COMMISSION REPORTS 4. l: Receive update from the Mayors Meeting. Recommended Action: Receive update from the Mayors meeting. A - Mayor's Monthly Cominission meeting Letter Page I TICC Agenda August 2, 2023 5.l: Review Action Items List. Recommended Action: Review Action Items List. A - Action Items List 6.l: Review Activities Calendar. Recommended Action: Review Activities Calendar. A - Activities Calendar 7. $: Receive Commissioners Reports. Recommended Action: Receive Commissioners Reports. FUTURE AGENDA SETTING ADJOURNMENT In compliance wit7i the Americans with Disabilities Act (ADA), anyone who is p(arming to attend this yrteet'mg who is visually or hearing impaired or has any disability that needs specia7 assistance shou(d call the City Clerk's Office at 408-777-3223, at least 48 liours in advance of the meetiyqg to arrange for assista;nce. by additiory, uport request, in advance, by a person with a disability, meeting agertdas and writings distributed for the meeting that are public records will be made ava'dab(e iry the appmpriate alternative format. Arty writings or documents provided to a majority of the members after publication of the agertda wz7L be made available for pub7ic inspection. r4ease contact the City Clerk's Office in City Hau located at 10300 Torre Avemte, Cupertino, California 95014, duri'ng norma7 busirtess hours. IMPORTANT NOTICE: P(ease be advised that pursuant to Cupertino Mtmicipal Code sectiorx 2.08.l00written commtmications sent to the Cupertino City Council Commissioners or City staff cortcerning a matter 07? the agenda are inc(uded as supp[ementa( materiaL to the agendized item. These written communicatiorgs are accessible to the public through the Cih)'s website arid kept irt packet archives. Do not i;nchtde ariy personal or private informatiort in written communications to the City that you do not wish to make pub(ic, as writtert communications are considered public records and will be made publicly ctvai[able on the City website. Members of the public are entitled to address the members concerrtirtg any item that is described in the notice or agenda for this meeting, before or dur'mg consideratiort of that item. If you wish to address the members on any other item not on the age;nda, you may do so during the public commertt. Page 2 CUPERTINO ROLL CALL utA'!M APPROV AL OF MINUTES 1.$: Approve the June 7, 2023, regular meeting minutes. Recommended Action: Approve the June 7, 2023, regular meeting minutes. A - Draft Minutes ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the Commission on any matter within the jurisdiction of the Commission and not on the agenda. Speakers are limited to three (3) m'mutes. Irt most cases, State law will prohibit the Commission from mak'mg any decisiorts with respect to a matter not on the agenda. WRITTEN COMMUNICATIONS NEW BUSINESS 2.$: Receive Fiber Optics Master Plan presentation Presenter: Bill Mitchell, Chief Teauiology Officer Recommended Action: Receive and File Presentation on Fiber Optics Master Plan 3.$: Receive Presentation on GIS Overview Presenter: Teri Gerhardt, GIS Manager Recornrnended Action: Receive and File Presentation on GIS Overview A - GIS Overview Presentation OLD BUSINESS 4.$: Review TICC FY22-23 Work Program. Recornrnended Action: Review and Accept TICC FY22-23 Work Program update. A - TICC FY22-23 Work Program Page 1 TICC Agenda July 5, 2023 5. $: Receive Subcornrnittee Report on Cyber Security Education from Commissioners Soundararajan and Du. Recommended Action: Receive and Accept Subcommittee Report on Cyber Security Education. ST AFF AND COMMISSION REPORTS 6. $: Receive update from the Mayors Meeting. Recommended Action: Receive update from the Mayors meeting. 7.$: Review Action Items List. Recommended Action: Review Action Items List. A - Action Items List 8.5: Review Activities Calendar. Recommended Action: Review Activities Calendar. A - Activities Calendar 9. $: Receive Commissioners Reports. Recommended Action: Receive Commissioners Reports. FUTURE AGENDA SETTING ADJOURNMENT h compliance with the Americans with Disabilities Act (ADA), anyone who is platming to attend this meetirtg who is visually or hear'mg impaired or has any disabilih) that rteeds specia7 assistance sho'tdd ca77 the City Clerk's Office at 408-777-3223, at Least 48 hours irx advartce of the meeting to arrange for assistance. Irt additiort, upon request, in advance, by a person with a disability, meeti;ng agendas artd writings distributed for the meeting that are public records zoiLl be made avai7able in the appropriate alternative format. Arty writings or documents provided to a majority of the members after publication of the agenda wil[ be made availab7e for pub7ic inspectiort. Please contact the City Clerk's Office in City Hall Located at 10300 Torre Avenue, Cupertino, California 95014, dur'mg normal business hours. IMPORTANT NOTICE: P4ease be advised that pursuant to Cuperti;no Municipa7 Code section 2.08.100 written communications sent to the Cupert'mo City Courtcil Commissioners or City staff corxcernirtg a matter 07'l the agertda are included as supplemental material to the agendized item. These writtert communications are accessible to the public through the Cih)'s website and kept irt packet archives. Do not irtclude any personal or private information in writtert communicatiorys to the City that you do not wish to make public, as written commurtications are cortsidered public records and will Page 2 TICC Agenda July 5, 2023 be made publicJy available on the City website. Members of the public are entitled to address the members concerni'ixg any item that is described irt the rxotice or agenda for this meeting, before or during consideration of that item. If you wish to address the members on any other item not on the agenda, you may do so dur'mg the public comment. Page 3 3 CITY OF CuPERTINO CITY MANAGER'S OFFICE CITY HALL 10300 TORRE AVENUE - CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3223 - FAX: (408) 777-3366 CUPERTINO.ORG CUPERTINO DISASTER COUNCIL NOTICE OF CANCELLATION NOTICE IS HEREBY GIVEN that the regular meeting of the Cupertino Disaster Cou'icil scheduled for Thursday, November 16, 2023, at 10300 Torre Avenue, City Hall, EOC has been canceled due to lack of business. Dated this 8th day of November 2023. /s/Thomas Chin Liaison Cupertino Safe Routes to School STAJTE OF CALfFC:= 'l j,l DATE 10300 Torre Avenue, Cupertino City Hall Conference Room C TELECONFERENCE / PUBLIC PARTICIPATTON INFORMATION TO HELP STOP THE SPREAD OF COVID-19 We welcome participation from members of the public during this meeting. To address the Safe Routes to School Working Group online, click on the link below to register in advance and access the meeting. After registering, you will receive a confirmation email containing information about joining the webinar. Register here: https://cityofcupertino.zoom.us/webinar/register/WN -mrZ-60YRrC42gTOHiXbXg To join the meeting by phone, dial: (669)900-6833 and enter Webinar ID: 950 0383 7011 (Type *9 to raise hand to speak). 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: 950 0383 7011 SIP: 95003837011@zoomcrc.com 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 rip-to- S/\FE ROUTES TO SCHOOL Cupertino Safe Rorites to School Working Grorip Meeting #76 Hosted: November 8, 2023 4PM - 5PM saferorites@cupertu"io.org vvww.cupertino.org/saferoutes CUPERTINO GREEN 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 your name, email address, organization and role. If you wish to participate in the webinar but do not wish to provide your name, you may enter "Cupertino Resident" or sirnilar designation. If you do not represent a school, school district, comrminity organization, municipality, or other partner organization, please enter your city of residence as your organization and "Resident" as your role or you may leave those fields blank. You will then be emailed instructions on how to connect to the meeting. Your email address will not be disclosed to the public. 3) Members of the public will automatically have their audio and video turned off. If you wish to speak, click on "raise hand." Speakers will be notified shortly before they are called to speak. Program partners such as designated SR2S parent champions, high school student representatives, school and.district staff liaisons, and community organization representatives who we work with will receive a separate invitation to join the meeting as a panelist. Panelists have the ability to turn on their audio and video. If you would like to partner with Cupertino Safe Routes to School, please email Cherie Walkowiak at SafeRorites@Cupertino.org at least two days before the meeting to request a panelist invitation. Requests to join as a panelist will be granted on a case by case basis, based on the alignment between requester's goal for joining the meeting and the Safe Rorites to School mission. 4) When called on to speak, please limit your remarks to the specific agenda topic. In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend this teleconference 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 or 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. S/\FE ROUTES TO SCHOOL Cupertino Safe Routes to School Working Group Meeting #76 Hosted: November 8, 2023 4PM - 5PM saferorites@cupertu"io.org www.cupertino.org/saferoutes CUPERTINO GREEN 1. Welcome 2. Public Comments 3. FAQ From the Front Lines David StilLman, Trctrtsportation Manager, Cifi) of Cupertino 4. Presentation: Commute Sharing App Saahi( Sukhija, Student, Monta Vista High School 5. Presentation: SR2S Parent Survey Results Birgit Werner, SR2S Community Coordinator, City of Cupertino 6. Cupertino Safe Routes to School Update Cherie Walkor.oia7c, SR2S Coordinator, Citi) of Cupertino 7. Reminders and Closing 10 minutes 5 minutes 5 minutes 10 minutes 20 minutes 5 minutes 5 minutes NOTES - CUPERTINO M S/'\FE ROUTES TO SCHOOL Cupertino Safe Rorites to School Working Group Meeting #76 Hosted: November 8, 2023 4PM - 5PM saferoutes@aiperhno.org www.cupertino.org/saferoutes CUPERTINO GREEN In comp(iance with the Americans with Disabilities Act (ADA), anyone who is planning to atte;nd this teleconference meeting Zoho is visually or hearing impaired or has any disctbi)ity that needs special nssistctnce should cau the City Clerk's Office at 408-777-3223, at least 48 7xours'm advance of the meeting to arrange for assistance. by addition, upon request, in advance, by a person with a disabiliti), meeting agendas arid zorit'mgs distributed for the meeting thctt are pyiblic records will be made available in the appropriate ctlterricttive format. Any writings or documents provided to a mctjority of tlie members after publication of the agenda wi71 be made avaiLable for public inspectiori. Please contact the City Clerk's Office in Cih) Hctl7 located at 10300 Torre Avenue during norma7 business hours. IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipal Code 2.08.100 zoritten communications sent to the Cupertino City Council, Conmxissioners or Cih) staff concerning a yrtatter on t7ie agenda are considered public record. These roritten communications are accessible to the public throx.tgh the City's archives. You are hereby admonished not to 'mc7xtde any personcd or private information in written commu'niccttions to the City that you do yiot wish to make public; doing so sha7l constitute a waiver of any privacy rights you may have on the information provided to tlie City. Members of the pub7ic are entitled to address the members concerning any item that is described in the notice or ctgeyida for this rneeting, before or during consideratioii of t7xat item. If you wish to address the members 07? any other item not on the rtgenda, you may do so during the public comme;+xt. CUPERTINO Ro(:h:)o S/\FE ROUTES TO SCHOOL Cupertino Safe Routes to School Working Group Meeting #75 Hosted: October 11, 2023 4PM PM saferoutes@cuperhno.org www.cupertino.org/saferoutes 10300 Torre Avenue, Cupertino City Hall Conference Room C TELECONFERENCE / PUBLIC PARTICIPATION INFORMATION TO HELP STOP THE SPREAD OF COVID-19 We welcome participation from members of the public during this meeting. To address the Safe Routes to School Working Group online, click on the link below to register in advance and access the meeting. After registering, you will receive a confirmation email containing information about joining the webinar. Register here: https://cityofcupertino.zoom.us/webinar/register/VVN 41gU60dzSsriEwEseSX68RA To join the meeting by phone, dial: (669)900-6833 and enter Webinar ID: 917 8746 4440 (Type *9 to raise hand to speak). 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: 917 8746 4440 SIP: 91787464440@zoomcrc.com Please read the following instructions carefully: 1) You can directly download the teleconference software or connect to the meeting in yorir internet browser. If you are using your browser, make sure you are using a current and up-to- S/SFE ROUTES TO SCHOOL Cupertino Safe Routes to School Working Group Meeting #75 Hosted: October 11, 2023 4PM PM saferoutes@cuperttno.org www.cupertiiio.org/saferoutes CUPERTINO GREEN date browser: Chrome 30-t-, 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 your name, email address, organization and role. U you wish to participate in the webiiiar but do not wish to provide your name, you may enter "Cupertino Resident" or similar designation. If you do not represent a school, school district, comrminity organization, municipality, or other partner organization, please enter your city of residence as your organization and "Resident" as yorir role or you may leave those fields blank. \ou will then be emailed instructions on how to connect to the meeting. Your email address will not be disclosed to the public. 3) Members of the public will automatically have their audio and video turned off. If you wish to speak, click on "raise hand." Speakers will be notified shortly before they are called to speak. Program partners such as designated SR2S parent champions, high scliool student representatives, school and district staff liaisons, and community organization representatives who we worlc with will receive a separate invitation to join the meeting as a panelist. Panelists have the ability to turn on their audio and video. If you would like to partner with Cupertino Safe Routes to School, please email Cherie Walkowiak at SafeRoutes@Cupertino.org at least two days before the meeting to reqriest a panelist invitation. Requests to join as a panelist will be granted on a case by case basis, based on the alignment between requester's goal for joining the meeting and the Safe Routes to School mission. 4) When called on to speak, please limit your remarks to the specific agenda topic. In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend this teleconference 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 horirs in advance of the meeting to arrange or 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. S/\FE ROUTES TOSCHOOL Cupertino Safe Routes to School Working Group Meeting #75 Hosted: October 11, 2023 4PM PM saferorites@cupertino.org www.cupertino.org/saferoutes 0 € CUPERTINO GREEN 1. Welcome 2. Public Comments 3. FAQ From the Front Lines David St'dlmctn, Transportation Manager, Citi) of Cupertino 4. Presentation: Setting Speed Limits Marlon Aumentctdo, Assistctrtt Engineer, City of Cupertino 5. Presentation: Commute Sharing App Saaliil Sukhija, Student, Monta Vista High Schoo7 6. Cupertino Safe Routes to School Update Birgit Werner, SR2S Community Coordinator, Citi) of Cupertino 7. Reminders and Closing 5 minutes 5 minutes 10 minutes 20 minutes 10 minutes 5 minutes 5 minutes NOTES - S/\FE ROUTES TO SCHOOL Cupertino Safe Routes to School Working Group Meeting #75 Hosted: October 11, 2023 4PM PM saferoutes@cuperttno.org www.cupertino.or3/saferoutes CUPERTINO GREEN Irt compliance with the Aynericans with Disabi(ities Act (ADA), anyone who is planning to attend this te[econference meeting who is visual(y or hertring impctired or hcts any disability that needs special assistctrtce shou(d ca(l the City Clerk's Office at 408-777-3223, at (east 48 hours in advance of the meeting to arrange for assistance. In addition, upon request, in advance, by ct person with a disabilih), meetirtg agendas ayid writings distributed for the meeting that are pub(ic records will be made avrtilable in the appropriate alternative forynat. Any writings or documents provided to a majority of the members after publication of the agerida wiu be made avai(ab(e for pub(ic inspection. P(ease contact the City Clerk's Office in City Hall (ocated at 10300 Torre Avenue during normal business hours. IMPORTANT NOTICE: P(ease be advised that pursuctnt to Cupertino Mrmicipal Code 2.08.100 toritten commxmications sertt to the Cupertino City Council, Commissioners or Citi) staff concerning a matter 077 t7ie agenda are considered public record. These written comynunications are accessible to the public through the City's arc7iives. You are hereby admonislied not to inc(ude any personal or private information in written communications to tlie City) that you do not wisli to ynalce public; doing so shall constitute a waiver of any privacy rights you may have ory the inforination provided to the Cih). Members of tjie public are entitled to address the members co'iicerning any item thctt is described in the notice or agenda for this meeting, before or during consideration of that item. If you zoish to address the members on any ot7ier item not 07? the agenda, you mcty do so during t7ie public comment. S/\FE ROUTES TOSCHOOL 10300 Torre Avenue, City Hall Conference Room C TELECONFERENCE / PUBLIC PARTICIPATION INFORMATION TO HELP STOP THE SPREAD OF COVID-19 We welcome participation from members of the public during this meeting. To address the Safe Routes to School Working Group online, click on the link below to register in advance and access the meeting. After registering, you will receive a confirmation email containing information about joining the webinar. Register here: https://cityofcupertino.zoom.us/webinar/register/WN GBbVaHrbSgKXIYD0GJc9Ew To join the meeting by phone, dial: (669)900-6833 and enter Webinar ID: 989 2671 5459 (Type *9 to raise hand to speak). 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: 989 2671 5459 SIP: 98926715459@zoomcrc.com 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- SAFE ROUTES TO SCHOOL A- Cupertino Safe Routes to"School Working Group Meeting #74 Hosted: September' 13, 2023 4PM PM saferoutes@cupertuio.org www.cupertino.org/saferoutes CUPERTINO GREEN 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 your name, email address, organization and role. If you wish to participate in the webinar but do not wish to provide your name, yori may enter "Cupertino Resident" or similar designation. If you do not represent a school, school district, commtinity organization, municipality, or other partner organization, please enter your city of residence as your organization and "Resident" as your role or you may leave those fields blank. You will then be emailed instructions on how to connect to the meeting. Your email address will not be disclosed to the public. 3) Members of the public will automatically have their audio and video turned off. If you wish to speak, click on "raise hand." Speakers will be notified shortly before they are called to speak. Program partners such as designated SR2S parent champions, high school student representatives, school and district staff liaisons, and community organization representatives who we work with will receive a separate invitation to join the meeting as a panelist. Panelists have the ability to turn on their audio and video. If you would like to partner with Cupertino Safe Routes to School, please email Cherie Walkowiak at SafeRoutes@Cupertino.org at least two days before the meeting to request a panelist invitation. Requests to join as a panelist will be granted on a case by case basis, based on the alignment between requester's goal for joining the meeting and the Safe Routes to School mission. 4) When called on to speak, please limit your remarks to the specific agenda topic. In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend this teleconference 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 or 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. S/SFE ROUTES TO SCHOOL Cupertino Safe Routes to School Working Group Meeting #74 Hosted: September 13, 2023 4PM PM saferoutes@cupertino.org www.cupertiiio.org/saferoutes CUPERTINO GREEN 1. Welcome 10 minutes 2. Public Comments 5 minutes 3. FAQ From the Front Lines David StiLlmctn, Transportation Manager, City of Cupertino 4. Presentation: Cupertino SR2S Education Programming by Modo Anna(isa Carrillo-Ftdk, Program Specialist, Modo/Ecolog) Action 5. Cupertino Safe Routes to School Update Clierie Walkowiak, SR2S Coordinator, Cih) of Cupertino 5 minutes 20 minutes 10 minutes 6. Reminders and Closing 5 minutes NOTES - S/\FE ROUTES TO SCHOOL Cupertino Safe Routes to School Working Group Meeting #74 Hosted: September 13, 2023 4PM PM saferoutes@cuperhno.org www.cupertino.org,/saferoutes CUPERTINO GREEN 17? compliance zoith tlie Americans zoith Disabilities Act (ADA), anyone zoho is planning to attend this teleconference meeting zoho is visual(y or hearing impaired or has any disability that needs special assistance should ca(( tlie Citi) C(erk's Office at 408-777-3223, at (east 48 hours in advance of tlie meet'mg to arrange for assistance. In addition, upon request, in advance, by a person with a disab'diti), n'teeting agendas and writings distributed for the meeting tliat are public records will be made avai(able in the appropriate alternative format. Any writings or documents provided to a rt;iajority of the members after publication of tjie agenda w'dl be ynade ava'dctble for pub(ic inspection. Please contact the Citi) Clerk's Office in Citi) Ha77 located at 10300 Torre Avemte during norma{ business hours. IMPORTAJNT NOTICE: P(ease be advised tliat pursuant to Cupertino Municipal Code 2.08.100 written communications sent to the Cuperti;no Cifi) Council, Commissioners or Cih) staff concerning a mrttter on the agenda are considered public record. These voritten communiccttions are accessible to tlie public through the Cih)'s arc7iives. You are liereby admonished not to include any personal or private information in written communications to the City that you do not zoish to make pub(ic; doing so shall constitute ct zoaiver of any privacy rights you may have 07? tlie infomation provided to the City. Members of t7ie pub(ic are entit(ed to address the members concerning any iteyrt thctt is described in the notice or agenda for this meeting, before or during consideration of that item. If you wis7i to address the members on any other item not 07? the agenda, you may do so during the public comment. S/\FE ROUTES TOSCHOOL (!)8:i(,8iji$ Liz Gibbons, Chair City of Campbel George Tyson, Vice Chair Town of Los Altos Hills lon Robert Willey City of Cupertino NOTICE IS HEREBY GIVEN that a possible quorum of the Silicon Valley Clean Energy Board of Directors may be in attendance at the December 13, 2023 Reflect & Recharge event at 4:00 p,m. at Cupertino Community Hall. Zach Hilton City of Gilroy There will be no vote or action taken by the Board of Directors during the event. Neysa Fligor City of Los Altos Rob Rennie Town of Los Gatos Evelyn Chua City of Milpitas laved Ellahie City of Monte Sereno Yvonne Martmez Beltran City of Morgan Hil Margaret Abe-Koga c:ty or Mountain View Tina Walia City of Saratoga lxry Klein City of Sunnyvale Otto Lee County of Santa Clara svc €eanenergy.org 333 W EI Camino Real Suite 330 Sunnyvale, CA 94087 For questions regarding this notice, please contact Silicon Valley Clean Energy at (408) 721-5301. POSTED: December 8, 2023 Page 1 oF 1 ",' ) I ( ; I a: :.' i-k Pursuant to the Americans with Disabilities Act, if you need special assistance in this meeting, please contact the Clerk for the Authority at (408) 721-5301 xl005. Notification 48 hours prior to the meeting will enable the Authority to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 35.105 ADA Title II). (!)2L6SEG George Tyson, Cliair Town of Los Altos Hills Tina Walia, Vice Cfiair City of Saratoga Elliot Scozzola City of Campbell Sheila Mohan City of Cupertino Zacli HiRon City of Gilroy Sally Meadoiiiis City of Los Altos Cupertino, CA Teleconference Meeting Webinar: https : //cityofcupertino.zoom. us/i/96339940385 Telephone (Audio Only): US: +1 669-900-6833 Webinar ID: 963 3994 0385 Rob Renme Town or Los Gatos Eve I yn C hu a City of Milpitas Bryan IVlekechuk City of Monte Sereno Yvonne Martniez Beltran City of Morgan Hill Margaret Abe-Koga City of Mountain View Members of the public may also attend this meeting in person, or observe this meeting electronically by accessing the meeting via instructions above. Public Comments can be sent in advance of the meeting via email up to three hours before the meeting begins to Board Clerk Andrea Pizano at Andrea.Pizano@svcleanenerqy.orq and will be distributed to the Board of Directors. The public will also have an opportunity to provide comments during the meeting. Members of the public participating remotely and using Zoom may comment during public comment or the applicable agenda item by using the Raise Hand feature and you will be recognized by the Chair. Those using the telephone (audio only) feature should press star 9 on your phones to initiate the "Raise Hand" function in Zoom. You will then be announced, unmuted, and your time to speak will begin. Larry Klem City of Sunnyvale Oteo Lee County of Santa Clara The public may provide comments on any matter listed on the Agenda. Speakers are customarily limited to 3 minutes each, however, the Board Chair may increase or decrease the time allotted to each speaker based on the number of speakers, the length of the agenda and the complexity of the subject matter. Speaking time will not be decreased to less than one minute. svcleanenergy.org If you are an individual with a disability and need a reasonable modification or accommodation pursuant to the Americans with Disabilities Act ("ADA") please contact Board Clerk Andrea Pizano at Andrea.Pizano(a)svcleanenerqy.orq prior to the meeting for assistance. AGENDA 333 VV EI Carnmo Rea Suite 330 Sunnyvale, CA 94087 Call to Order Page 1 of 3 Pursuant to the Americans with Disabilities Act, if you need special assistance in this meeting, please contact the Clerk for the Authority at (408) 721-5301 xl005. Notification 48 hours prior to the meeting will enable the Authority to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 35.105 ADA Title II). George Tyson, Cliair Town of Los Altos Hills Roll Call Tina bl/alia, Vice Chair City of Saratoga Public Comment on Matters Not Listed on the Aqenda Elliot Scozzola City of Campbell Sf'ieila Ivlohan City of Cupertino The public may provide comments on any matter not listed on the Agenda provided that it is within the subject matter jurisdiction of SVCE. Speakers are customarily jimited to 3 minutes each, however, the Board Chair may increase or decrease the time allotted to each speaker based on the number of speakers, the length of the agenda and the complexity of the subject matter. Speaking time will not be decreased to less than one minute. Zach HiRon City of Gilroy Sally Meadows City of Los Altos Consent Calendar (Action) la) Approve Minutes of the November 8, 2023, Board of Directors Meeting lb) Receive October 2023 Treasurer Report Rob Renrne Town of Los Gatos lc) Approve Cancellation of July 10, 2024 Board of Directors Meeting and Receive 2024 Board of Directors Regular Meeting Schedule Evelyn Chua City of Milpitas ld) Authorize the Chief Executive Officer to Execute a Five-Year Agreement with the Sacramento Municipal Utility District for Program Administration Support for Decarbonization Programs Bryan Mekechuk City Of MOnte Sereno Yvonne Martmez Beltran City of Morgan Hill le) Authorize the Chief Executive Officer to Execute a Five-Year Agreement with AIQUEOUS/Energy Orbit for Programs Portfolio Management Tool Software and Support Margaret Abe-Koga City of Mountain View Larry Klein City of Sunnyvale if) Authorize the Chief Executive Officer to Execute Service Agreements with 1) Arup; 2) Evergreen Economics; and 3) Opinion Dynamics for Data Analytics Support Services Ig) Authorize the Chief Executive Officer to Execute an Agreement with Energy and Environmental Economics (E3) for Long-term Clean Energy Pathways Portfolio Analysis Otto Lee County of Santa C{ara lh) Approve Amendments to SVCE Financial Policy 7 - Purchasing Card Policy li) Approve Plan to Delay Implementation of Net Billing Tariff (Solar Billing Plan, NEM3) in Alignment with PG&E Implementation Delays svcleanenergy.org 333 W EI Camino Real Sciii'e 330 Sunnyvale, CA 9-1087 lj) Executive Committee Report lk) Finance and Administration Committee Report 11) California Community Power Report lm) Audit Committee Report Page 2 of 3 Pursuant to the Americans with Disabilities Act, if you need special assistance in this meeting, please contact the Clerk for the Authority at (408) 721-5301 xl005. Notification 48 hours prior to the meeting will enable the Authority to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 35.105 ADA Title II). (QpL3%L: George Tyson, Chair Town of Los Altos Hills Tina Walia, Vice Chair city of Saratoga Reqular Calendar 2) CEO Report (Discussion) 3) Budget Update, 2024 Customer Rate Setting, and Additional Budget Funding Items (Action) Elliot Scozzola City of CampheU Slieila Mohan City of Cupertino 4) Approve Formation of Transition Ad Hoc Committee (Action) 5) Authorize the Chief Executive Officer to Execute a Five-Year Agreement with the Association for Energy Affordability Inc. for Multifamily Electrification Program Design and Implementation Support Services (Action) Zach Hilton City or Gilroy 6) 2024 SVCE Board Elections Information (Discussion) Sally Meadows City of Los Altos Board Member Announcements and Direction on Future Aqenda Items Rob Ren+ue Town of Los Gatos Adiourn Evelyn Chua City of Milpitas Bryan Mekechuk City of Monte Sereno Yvonne Martnqez Belkran City of Morgan Hill Margaret ALie-Koga City of Mountain View Larry Klem city of Sunnyvale CXto Lee County of Santa Clara svcleanenergy.org 333 W EI Cammo Real SuRe 330 Sunnyvale, CA 94087 Page 3 of 3 Pursuant to the Americans with Disabilities Act, if you need special assistance in this meeting, please contact the Clerk for the Authority at (408) 721-5301 xl005. Notification 48 hours prior to the meeting will enable the Authority to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 35.105 ADA Title II). (QS%i::LL$ George Tyson, Cliair Town of Los Altos Hills Tina Walia, Vice Chair City of Saratoga Elliot Scozzola City of Campbell Slieila Mohan City of Cupertino Zach Hilton City of Gilroy Sally Meadows City of Los Altos Rob Rennie Town of Los Gatos Evelyn Chua City of Milpitas Administrative Conference Room, Gilroy City Hall 7351 Rosanna St. Gilroy, CA 95020 Teleconference Meeting Webinar: https://cityofcupertino.zoom.us/i/95872555681 Telephone (Audio Only): US: +1 669-900-6833 Webinar ID: 958 7255 5681 Bryan Mekechuk City of Monte Sereno Yvonne Martinez Beltran City of Morgan Hill Margaret Abe-Koga City of Mountain View Larry Klein City of Sunnyvale Otto Lee County of Santa Clara Members of the public may also attend this meeting in person, or observe this meeting electronically by accessing the meeting via instructions above. Public Comments can be sent in advance of the meeting via email up to three hours before the meeting begins to Board Clerk Andrea Pizano at Andrea.Pizano@svcleanenerqy.orq and will be distributed to the Board of Directors. The public will also have an opportunity to provide comments during the meeting. Members of the public participating remotely and using Zoom may comment during public comment or the applicable agenda item by using the Raise Hand feature and you will be recognized by the Chair. Those using the telephone (audio only) feature should press star 9 on your phones to initiate the "Raise Hand" function in Zoom. You will then be announced, unmuted, and your time to speak will begin. The public may provide comments on any matter listed on the Agenda. Speakers are customarily limited to 3 minutes each, however, the Board Chair may increase or decrease the time allotted to each speaker based on the number of speakers, the length of the agenda and the complexity of the subject matter. Speaking time will not be decreased to less than one minute. svdeanenergy.org 333 W EI Camino Real Suite 330 Sunnyvale, CA 94087 If you are an individual with a disability and need a reasonable modification or accommodation pursuant to the Americans with Disabilities Act ("ADA") please contact Board Clerk Andrea Pizano at Andrea.Pizano@svcleanenerqy.orq prior to the meeting for assistance. AGENDA Page 1 of 3 Pursuant to the Americans with Disabilities Ad, if you need special assistance in this meeting, please contact the Clerk for the Authority at (408) 721-5301 xl005. Notification 48 hours prior to the meeting will enable the Authority to make reasonable arrangements to ensure accesslbllity to this meeting. (28 CFR 35.105 ADA Title II). @X"6SiWY George Tyson, Cliair Town of Los Altos Hills Call to Order , Tina Walia, Vice Cliair City of Saratoga Roll Call Elliot Scozzola , City of Campbell Shella Mohan City of Cupertlno Zach Hllton City of Gilroy Public Comment on Matters Not Listed on the Aqenda The public may proWdecomments on any matter not listed on the Agenda provided that it is within the subject matter jurisdiction of SVCE. Speakers are customarily limited to 3 minutes each, however, the Board Chair may increase or decrease the time allotted to each speaker based on the number of speakers, the length of the agenda and the complexity of the subject matter. Speaking time will not be decreased to less than one minute. Sally Meadows City or Los Altos Rob Rennie Town of Los Gatos Public Comment on Closed Session The public may provide comments regarding the Closed Session item(s) just prior to the Board beginning the Closed Session. Closed Sessions are not open to the public. Evelyn Chua City of Milpltas Bryan Mekechuk City of Monte Sereno Convene to Closed Session Public Employee Appointment Title: Chief Executive Officer Yvonne Martlnez Be)tran City of Morgan Hill CONFERENCE WITH LABOR NEGOTIATORS Agency Designated Representatives: George Tyson, Tina Walia and Rob Rennie Unrepresented Employee: Chief Executive Officer Margaret Abe-Koga Clty of Mountain Vlew Report from Closed Session karry Kleln Clty of Sunnyvale atto Lee County of Santa Clara svcleanenergy.org 333 W EI Camlno Real Suite 330 Srinnyvale, CA 94087 Consent Calendar (Action) la) Approve Minutes of the October 11, 2023, Board of Directors Meeting lb) Receive September 2023 Treasurer Report lc) Approve Employment Agreement with Chief Executive Officer ld) Adopt Resolution Approving Amended Conflict of Interest Code le) Approve Plan to Implement Net Billing Tariff (Solar Billing Plan, NEM3) for New Solar Customers without Modification Beginning December 15, 2023 lf) Approve Scholarship Funds for 2024 EmPower Silicon Valley Student Short-Film Competition Page 2 of 3 Pursuant to the Americans with Disabilities Ad, If you need spedal assistance In this meeting, please contact the Clerk for the Authority at (408) 721-5301 xl005. Notification 48 hours prior to the meeting will enable the Authority to make reasonable arrangements to ensure accesslblllty to this meeting. (28 CFR 35.105 ADA Title II). (!)2LgE\SlEWY George Tyson, Chair Town of Los Altos Hills Ig) Closing Report of the Ad Hoc Committee of the Board to Address Legislative Responses to Industry Transition Tina Walia, Vice Cliair City of Saratoga lh) Legislative Response to Industry Transition 2023 Ad Hoc Committee Report Elliot Scozzola City of Campbell Sheila Mohan City of Cupertino li) Executive Committee Report Ij) California Community Power Report lk) Additional Committee Reports Zach Hilton City of Gilroy Sally Meadows City of Los Altos Regular Calendar 2) CEO Report (Discussion) 3) Approve 2024 Legislative Policy Platform and Identify Focus Areas for the 2024 Legislative Ad Hoc Committee (Action) Rob Rennie Town of Los Gatos 4) Authorize the Chief Executive Officer to Make Changes to the GreenStart and GreenPrime Retail Rate Offerings (Action) Evelyn Chua City of Milpitas Bryan Mekechuk City of Monte Sereno Yvonne Martinez Belti-an City of Morgan Hill 5) Authorize the Chief Executive Officer to Execute a 15-Year Power Purchase Agreement with SunZia Wind PowerCo LLC and Potential Replacement PPAs in Substantial Form and Any Necessary Ancillary Agreements and Documents (Action) 6) Update on Permit Modernization and Policy Experimentation Program Rollout (Discussion) Margaret Abe-Koga City of Mountain View Board Member Announcements and Direction on Future Aqenda Items Larry Klein City of Sunnyvale Adiourn atto Lee County of Santa Clara svcleanenergy.org 333 W EI Camino Real Suite 330 Sunnyvale, CA 94087 Page 3 or 3 Pursuant to the Americans with Disabilities Act, if you need special assistance in thls meeting, please contact the Clerk for the Authority at (408) 721-5301 xl005. Notification 48 hours prior to the meeting will enable the Authority to make reasonable arrangements to ensure accesslbllity to this meeting. (28 CFR 35.105 ADA Title II). George Tyson, Cliair Town of Los Altos Hills Tina Walia, Vice Chair City of Saratoga Elliot Scozzola City of Campbell rbA7%u:':.:,, A, vt; iuc SJGNATURE Sheila Mohan City of Cupertino 2302 Zanker Road San Jose, CA Zach Hilton City of Gilroy Sally Mearlows City of Los Altos Teleconference Meeting Webinar: https://cityofcupertino.zoom.us/i/99156454017 Rob Rennie Town of Los Gatos Telephone (Audio Only): US: +1 669-900-6833 Webinar ID: 991 5645 4017 Evelyn Chua City of Mllpitas Bryan Mekechuk City of Monte Sereno Yvonne Martinez Beltran City of Morgan Hill Margai-et Abe-Koga City of Mountain View Larry Klein City of Sunnyvale Members of the public may also attend this meeting in person, or observe this meeting electronically by accessing the meeting via instructions above. Public Comments can be sent in advance of the meeting via email up to three hours before the meeting begins to Board Clerk Andrea Pizano at Andrea.Pizano@svcleanenerqy.orq and will be distributed to the Board of Directors. The public will also have an opportunity to provide comments during the meeting. Members of the public participating remotely and using Zoom may comment during public comment or the applicable agenda item by using the Raise Hand feature and you will be recognized by the Chair. Those using the telephone (audio only) feature should press star 9 on your phones to initiate the "Raise Hand" function in Zoom. You will then be announced, unmuted, and your time to speak will begin. atto Lee County of Santa Clara The public may provide comments on any matter listed on the Agenda. Speakers are customarily limited to 3 minutes each, however, the Board Chair may increase or decrease the time allotted to each speaker based on the number of speakers, the length of the agenda and the complexity of the subject matter. Speaking time will not be decreased to less than one minute. svcleanenergy.org 333 Vl/ EI Camino Real Sriite 330 Sunnyvale, CA 94087 If you are an individual with a disability and need a reasonable modification or accommodation pursuant to the Americans with Disabilities Act ("ADA") please contact Board Clerk Andrea Pizano at Andrea.Pizano@svcleanenerqy.orq prior to the meeting for assistance. AGENDA Page 1 of 3 Pursuant to the Americans with Disabilities Ad, if you need special assistance in this meeting, please contact the Clerk for the Authority at (408) 721-5301 xl005. Notification 48 hours prior to the meeting will enable the Authority to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 35.105 ADA Title II). (!)2L6SEWY George Tyson, Chair Town of Los Altos Hills Call to Order Tina Walia, Vice Ciiair City of Saratoga Roll Call Elliot Scozzola City of Campbell Sheila Molian City of Cupertino Zach Hilton City of Gilroy The public may provide comments on any matter not listed on the Agenda provided that it is within the subject matter jurisdiction of SVCE. Speakers are customarily limited to 3 minutes each, however, the Board Chair may increase or decrease the time allotted to each speaker based on the number of speakers, the length of the agenda and the complexity of the subject matter. Speaking time will not be decreased to less than one minute. Sally Meadows City of Los Altos Consent Calendar (Action) Rob Rennie Town or Los Gatos la) Approve Minutes of the September 13, 2023, Board of Directors Meeting Ib) Receive August 2023 Treasurer Report Evelyn Chua City of Milpitas Bryan i'ilekechuk City of Monte Sereno Yvonne Martinez Beltran City of Morgan Hill Ic) Adopt FY24 Strategic Work Plan ld) Receive FY23 Q4 Decarbonization Strategy and Programs Quarterly Report le) Authorize the Chief Executive Officer to Execute a 3-Year Agreement with Itron, Inc. for Long-term Load Forecast and Software if) Audit Committee Report Margaret Abe-Koga City of Mountain View Ig) Finance and Administration Committee Report lh) California Community Power Report Latry Klein City of Sunnyvale li) Additional Committee Reports Otto Lee County of Santa Clara Reqular Calendar 2) CEO Report (Discussion) 3) Authorize the Chief Executive Officer to Execute Agreements with Firms Providing Services to Enable SVCE to Execute its Third Prepay and to Execute the Power Supply Contract with the California Community Choice Financing Authority and Related Supporting Agreements (Action) svcleanenergy.org 333 W EI Camino Real Sciite 330 Scinnyvale, CA 94087 4) Study Session: Decarbonization Programs and Policy Overview of Residential Buildings (Discussion) Page 2 of 3 Pursuant to the Americans with Disabilities Act, if you need special assistance in this meeting, please contact the Clerk for the Authority at (408) 721-5301 xl005. Notification 48 hours prior to the meeting will enable the Authority to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 35.105 ADA Title II). (QS%:I(,%% George Tyson, Chair Town of Los Altos Hills Board Member Announcements and Direction on Future Aqenda Items Tina IA/alia, Vice Chair City of Saratoga Adiourn Elliot Scozzola City of Campbell Slieila Mohan City of Cupertino Zach Hilton City of Gilroy Sally Meadows City of Los Altos Rob Rehrue Town of Los Gatos Evelyn Chua City of Milpitas Bryan Mekechtik City of Monte Sereno Yvonne Martinez Beltian City of Morgan Hill ivlargaiet Abe-Koga City of Mountain View Larty Klem City of Suni'iyvale atto Lee County of Santa Clara svcleanenergy.org 333 Vl/ EI Camino Real Suite 330 Srinnyvale, CA 94087 Page 3 of 3 Pursuant to the Americans with Disabilities Act, if you need special asslstance In this meeting, please contact the Clerk for the Authority at (408) 721-5301 xl005. Notification 48 hours prior to the meeting wlll enable the Authority to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 35.105 ADA Title II). @)S%LI(,%N,%LL$ George Tyson, Chair Town of Los Altos Hills Tina Walia, Vice Cliair City of Saratoga Elliot Scozzola City of Campbell Sheila Mohan City of Cupertino Zach Hilton City of Gilroy Sally Meadows City of Los Altos Rob Rennie Town of Los Gatos Evelyn Chua City of Milpitas Bryan Mekechuk City of Monte Sereno STATE OF CALIFORNIA BULLETjN BOA <D Ar C:nTY HAL"L'.I :l 2 DATECupertino, CAa SNGNA"[URE Administrative Conference Room, Gilroy City Hall 7351 Rosanna St. Gilroy, CA 95020 Morgan Hill City Hall 17575 Peak Ave. Morgan Hill, CA 95037 Teleconference Meeting Webinar: https://cityofcupertino.zoom.us/i/98073701644 Telephone (Audio Only) : US: +1 669-900-6833 Webinar ID: 980 7370 1644 Yvonne Martinez Beltran City of Morgan Hill Margaret Abe-Koga City of Mountain View Larry Klem City of Sunnyvale Otto Lee County of Santa Clara Members of the public may also attend this meeting in person, or observe this meeting electronically by accessing the meeting via instructions above. Public Comments can be sent in advance of the meeting via email up to three hours before the meeting begins to Board Clerk Andrea Pizano at Andrea.Pizano@svcleanenerqy.or:1 and will be distributed to the Board of Directors. The public will also have an opportunity to provide comments during the meeting. Members of the public participating remotely and using Zoom may comment during public comment or the applicable agenda item by using the Raise Hand feature and you will be recognized by the Chair. Those using the telephone (audio only) feature should press star 9 on your phones to initiate the "Raise Hand" function in Zoom. You will then be announced, unmuted, and your time to speak will begin. svcleanenergy.org 333 W EI Camino Real Suite 330 Sunnyvale, CA 94087 The public may provide comments on any matter listed on the Agenda. Speakers are customarily limited to 3 minutes each, however, the Board Chair may increase or decrease the time allotted to each speaker based on the number of speakers, the length of the agenda and the complexity of the subject matter. Speaking time will not be decreased to less than one minute. Page 1 of 3 Pursuant to the Americans with Disabilities Act, if you need special assistance In this meeting, please contact the Clerk for the Authority at (408) 721-5301 xl005. Notification 48 hours prior to the meeting will enable the Authority to make reasonable arrangements to ensure accessibllity to this meeting. (28 CFR 35.105 ADA Title II). (!)2iFj:SiWY George Tyson, Cl'iair Town of Los Altos Hllls Tina Walia, Vice Cliair City of Saratoga If you are an individual with a disability and need a reasonable modification or accommodation pursuant to the Americans with Disabilities Act ("ADA") please contact Board Clerk Andrea Pizano at Andrea.Pizano@svcleanenerqy.orq prior to the meeting for assistance. AGENDA Elliot Scozzola City of Campbell -Call to Order Slieila Mohan City of Cupertino Roll Call Zach Hilton City of Gilroy Public Comment on Matters Not Listed on the Agenda Sally Meadows City of Los Altos Rob Rennie Town of Los Gatos The public may provide comments O/7 any matter not listed on the Agenda provided that it is within the subject matter jurisdiction of SVCE. Speakers are customarily limited to 3 minutes each, however, the Board Chair may increase or decrease the time allotted to each speaker based on the number of speakers, the length of the agenda and the complexity of the subject matter. Speaking time will not be decreased to less than one minute. Evelyn Chua City of Milpitas Bryan Siekechuk City of Monte Sereno Yvonne Martlnez Beltran City of Morgan Hill Consent Calendar (Action) la) Approve Minutes of the August 9, 2023, Board of Directors Meeting lb) Receive July 2023 Treasurer Report lc) Approve Amendment No. 6 to Employment Agreement for Chief Executive Officer Margaret Abe-Koga City of Mountaln View Larry Klein City of Sunnyvale Otto Lee County of Santa Clara Id) Adopt Salary Scale for Chief Executive Officer le) Adopt Resolution Establishing October 4, 2023 as Clean Air Day lf) Authorize the Chief Executive Officer to Execute an Agreement for FY23- 24 with HBT Energy Management LLC for Power Resource Management Services Ig) Authorize the Chief Executive Officer to Execute an Agreement for FY23- 24 with Richards, Watson & Gershon for Legal Services lh) Authorize the Chief Executive Officer to Execute Agreement with Maher Accountancy for Accountant Services svcleanenergy.org 333 W EI Camino Real Suite 330 Sunnyvale, CA 94087 li) SVCE 2022 Annual Power Source Disclosure Report Attestation lj) Authorize the Chief Executive Officer to Execute a Second Amendment to the PCE Cost Share Agreement for Technical Support for the Reach Code Program Page 2 of 3 Pursuant to the Amerlcans with Disabilities Ad, If you need special assistance In this meeting, please contact the Clerk for the Authority at (408) 721-5301 xl005. Notification 48 hours prior to the meeting will enable the Authorlty to make reasonable arrangements to ensure accessiblllty to this meeting. (28 CFR 35.105 ADA Title II). @S:I(,%%$ George Tyson, Chair Town of Los Altos Hills Tina Walia, Vice Chair City of Saratoga lk) Executive Committee Report 11) California Community Power Report lm) Additional Committee Reports Elliot Scozzola City of Campbel! Slieila Mohan City of Cupertino Zach Hilton City of Gilroy Reqular Calendar 2) CEO Report (Discussion) 3) Update on Strategic Plan and Adopt FY24 SVCE Focus Areas (Action) 4) Adopt the FY 2023-24 Recommended Operating Budget and Updated Reserves Policy (Action) Sally Meadows City of Los Altos Rob Rennie Town of Los Gatos Evelyn Chua City of Milpitas Bryan Mekechuk City of Monte Sereno Yvonne Martinez Beltran City of Morgan Hill Margaret Abe-Koga City of Mountain View Larry Klein City of Sunnyvale Otto Lee County of Santa Clara Board Member Announcements and Direction on Future Aqenda Items Public Comment on Closed Session Closed Session PUBLIC EMPLOYEE APPOINTMENT Title: Chief Executive Officer Report from Closed Session Adiourn svcleanenergy.org 333 W EI Camino Real Sriite 330 Scinnyvale, CA 94087 Page 3 of 3 Pursuant to the Americans with Disabilities Act, if you need special assistance in this meeting, please contact the Clerk for the Authority at (408) 721-5301 xl005. Notification 48 hours prlor to the meetlng will enable the Authority to make reasonable arrangements to ensure accessibllity to this meeting. (28 CFR 35.105 ADA Title II). BOARD OF 'a'4';? ,YiSNG SIGNATU RE Wednesday, June 21, 2023 9:30 a.m. Zoom Please Contact Katie Sullivan for Videoconference Information All or portions of this meeting will be conducted by teleconferencing in accordance with Government Code Section 54953(b). Teleconference locations are as follows: Sedgwick, 1750 Creekside Oak Drive, Suite 200, Sacramento, CA 95833; City of American Canyon, 4381 Broadway St, Ste 201, American Canyon, CA 94503; Town of Atherton, 91 Ashfield Rd, Atherton, CA 94027; City of Benicia, 250 East L St, Benicia, CA 94510; City of Burlingame, 501 Primrose Rd, Burlingame, CA 94010; City of Campbell, 70 North First St, Campbell, CA 95008; Town of Colma, 1198 El Camino Real, Colma, CA 94014; City of Cupertino, 10300 Torre Ave, Cupertino, CA 95014; City of Dublin, 100 Civic Plaza, Dublin, CA 94568; City of East Palo Alto, 2415 University Ave, East Palo Alto, CA 94303; City of Foster City, 610 Foster City Blvd, Foster City, CA 94404; City of Half Moon Bay, 501 Main St, Half Moon Bay, CA 94022; Town of Hillsborough, 1600 Floribunda Ave, Hillsborough, CA 94010; Town of Los Altos Hills, 26379 Fremont Rd, Los Altos Hills, CA 94022; Town of Los Gatos, 110 East Main St, Los Gatos, CA 95030; City of Millbrae, 621 Magnolia Ave, Millbrae, CA 94030; City of Milpitas, 455 East Calaveras Blvd, Milpitas, CA 95035; City of Morgan Hill, 17575 Peak Ave, Morgan Hill, CA 95037; City of Newark, 37101 Newark Blvd, Newark, CA 94560; City of Pacifica, 170 Santa Maria Ave, Pacifica, CA 94044; Town of Portola Valley, 765 Portola Rd, Portola Valley, CA 94028; Town of Ross, 31 Sir Frances Drake Blvd, Ross, CA 94957; City of San Bruno, 567 El Camino Real, San Bruno, CA 94066; City of San Carlos, 600 Elm St, San Carlos, CA 94070; City of Saratoga, 13777 Fruitvale Ave, Saratoga, CA 95070; City of South San Francisco, 400 Grand Ave, South San Francisco, CA 94080; City of Suisun City, 701 Civic Center Blvd, Suisun City, CA 94585; Town of Tiburon, 1505 Tiburon Blvd, Tiburon, CA 94920; and Town of Woodside, 2955 Woodside Rd, Woodside, CA 94062. Each location is accessible to the public, and members of the public may address the Board of Directors from any teleconference location. In compliance with the Americans with Disabilities Act, if you need a disability-related modification or accommodation to participate in this meeting, please contact Katie Sullivan at katie.sullivan@,sedgwick.com (916) 244-1164 or (916) 244-1199 (fax). Requests must be made as early as possible, and at least one full business day before the start of the meeting. * Reference materials enclosed with staff report. 1 PLAN JPA Board of Directors Agenda Meeting of June 21, 2023 Page 2 Docun'ients and i'naterials relating to an open session agei'ida item that are provided to the Pooled Liability Assurance Network Joint Powers Authority (PLAN JPA) Board of Directors less than 72 hours prior to a regular meeting will be available for public inspection at 1750 Creekside Oaks Dr., Suite 200, Sacramento, CA 95833. 1. CALL TO ORDER 2.INTRODUCTIONS ,. 3. AJ'PROVAL OF AGENDA AS POSTED (OR AMENDED) 4. PUBLIC COMMENTS - The Public may submit any questions in advance of the meeting by contacting Katie Sullivan at: katie.sullivan@sedgwick.com. This time is reserved for members of the public to address the Board relative to matters of the Board of Directors not on the agenda. No action may be taken on non-agenda items unless authorized by law. Comments will be limited to five minutes per person and twenty minutes in total. 6 15 24 29 128 135 144 145 156 158 5.CONSENT CALENDAR If a Board member would like to discuss any item listed, it may be pulled from the Consent Calendar. *A. Minutes from December 8, 2022, Board of Directors Meeting *B. Minutes from the March 23, 2023, Special Board of Directors Meeting *C. 2022/23 Risk Control Program Update and Services Summary Report as of May 26, 2023 *D. Treasurer'sReportandInvestmentPerformanceReportasofMarch31,2023 *E. Financial Statements as of March 31, 2023 *F. Investment Policy - Redlined *G. Investment Policy Memo from PFM Asset Management *H. Claims Auditing Services Contract with Farley Consulting for 2023 and 2025 *I. 2023 Sewer and Storm Water Summit Proposal *J. Precision Concrete Cutting Agreement Recommendation: Staff recommends the Board of Directors approve the 161 6. Consent Calendar. GENERAL MANAGER'S REPORT A. Report from PLAN JPA's General Manager Recommendation: None. 163 7.Al)MINISTRATIVE MATTERS *A. Governing Documents Review and Update Recommendation: Staff recommends the Board of Directors approve the 2023/24 Liability and Property Memoranda of Coverage. * Reference materials attached with staff report. 2 PLAN JPA Board of Directors Agenda Meeting of June 21, 2023 Page 3 200 241 ADMINISTRATIVE MATTERS (continued) *B. Consideration of Executive Coinmittee and Claims Committee Consolidation Recommendation: Staff recommends the Board of Directors approved the proposed changes to the Bylaws to consolidate the Executive and Claims Committees effective July 1, 2023. *C. Discussion Regarding Attendance and Consideration of Resolution to Establish Meeting Dates for the 2023/24 Program Year Recommendation: Staff recommerids the Board of Directors approve Resolution No. 2023-01: Establishing Meeting Dates for the 2023/24 Program Year. 248 Staff requests direction regarding encouraging arid increasing attendance and participation at all levels of the JPA's operations. *D. State of the Market - Liability and Property Recommendation: None. 264 268 RISK CONTROL MATTERS *A. Consideration of the 2023/24 Risk Control Plan Recommendation: Staff recommends the Board of Directors approve the proposed 2023/2024 Risk Control Service Plan. B. ResoluteGuard and Cyber Services Update Recommendation: None. 269 273 FINANCIAL MATTERS *A. Consideration of Property Program Rehabilitation Plan Recommendation: The Executive Committee recommends the Board of Directors approve Resolution No. 2023-02: Property Program Rehabilitatiort Plan. *B. Consideration of the 2023/24 Draft Operating Budget Recommendation: Staff recommends the Board of Directors approve the 2023/24 Draft Operating Budget, subject to final numbers. 10. CLOSED SESSION A. Pursuant to Government Code Section 54956.95(a), the Board of Directors will hold a closed session to discuss the following claims: * Gary Gregory v. City of Benicia * Paper and Petals v. City of Burlingame * Rolando and Susana Glorioso v. City of Millbrae, City of San Bnino, et al @ Alok Jain, et al v. City of Milpitas * Hanhong Chen v. City of Milpitas * Reference materials attached with staff report. PLAN JPA Board of Directors Agenda Meeting of June 21, 2023 Page 4 10. CLOSED SESSION (continued) B. Pursuant to Government Code Section 54957.1, the Board of Directors will report in open session any reportable action taken in closed session. 11. ELECTIONS 281 *A. Review of Candidates to Fill PLAN JPA Committees and Officer Positions Recommendation: 1) Staff recommends the Board of Directors select candidates to serve on PLAN JPA's Committees for Program Year 2023/24. 2) Staff recommends the Board of Directors elect members to fill the Officer positions for PLAN JPA's Program Year 2023/24. 12. CLOSING COMMENTS This time is reserved for comments by Board members and/or staff and to identify matters for future Board business. A. Board of Directors B. Staff 13. AJ)JOURNMENT * Reference materials attached with staff report.