CC 07-20-2021 (Special)
APPROVED MINUTES
CUPERTINO CITY COUNCIL
Tuesday, July 20, 2021
SPECIAL MEETING
At 5:30 p.m. Mayor Darcy Paul called the Special City Council meeting to order. This was a
teleconference meeting with no physical location.
ROLL CALL
Present: Mayor Darcy Paul, Vice Mayor Liang Chao, and Councilmembers Kitty Moore, Hung
Wei, and Jon Robert Willey (5:32 p.m.). Absent: None. All Councilmembers teleconferenced
for the meeting.
ORDINANCES AND ACTION ITEMS
1. Subject: Consider Blackberry Farm Golf Course Feasibility Study Options (includes
options for minimal repairs, a renovated golf course, and returning the golf course to
natural habitat); provide direction to staff.
Recommended Action: 1. Direct staff to update the study for minimal repairs to the
golf course (Option 1) and to study returning the golf course to natural habitat (Option
3)
2. Approve Budget Modification Number 2122‐148 to appropriate $26,400 for these
studies.
Written Communications for this item included a staff presentation, a list of Council
meetings regarding the Stevens Creek Corridor Master Plan (2014)/Blackberry Farm
Golf Course, and emails to Council.
Parks and Recreation Director Joanne Magrini gave a presentation.
Councilmembers asked questions and made comments.
Mayor Paul opened the public comment period and the following people spoke.
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Giulianna Pendleton, on behalf of the Santa Clara Valley Audubon Society, supported
Option 3 (returning the golf course to natural habitat) and opposed Option 2 (a
renovated golf course).
John Ennals opposed Option 3 and supported Option 2 and supported Option 1
(minimal repairs to the golf course) if Option 2 is not affordable.
Jennifer Griffin supported Option 1.
Jill Halloran supported Option 3 and supported Option 1 to a lesser degree.
Peggy Griffin supported Options 1 and 3 and opposed Option 2.
Housing Commissioner Connie Cunningham (representing self) supported Option 3
and supported Option 1 with less interest.
David McLeroy supported Option 1 with a preference for plastic piping in the ground
for efficiency.
Susan Moore supported Option 1, said there were pros and cons for Options 2 and 3,
and supported having a restaurant.
Rhoda Fry supported Options 1 or 3, said to consider old plans, and asked for clarity on
the water rights.
Lisa Warren supported Option 1 over Option 3 but also supported more options and
opposed Option 2.
Robert Hirt supported Option 1, opposed Option 2, and said Option 3 needed more
options.
Mayor Paul closed the public comment period.
During discussion, Council provided direction to staff to examine ecological
conscientiousness (specifically vegetation and water rights), obtain further cost
estimates for improvements to the other associated properties (including pro shop,
restaurant, and Stocklmeir property), provide a roadmap on the process going forward,
conduct community outreach to gauge support on the facilities, check‐in with Council
at 6 months, and come back with a budget amendment (if necessary);
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Chao moved and Wei seconded to:
1. Direct staff to update the study for minimal repairs to the golf course (Option 1) and
to study returning the golf course to natural habitat (Option 3); and
2. Approve Budget Modification Number 2122‐148 to appropriate $26,400 for these
studies.
The motion carried unanimously.
ADJOURNMENT
REGULAR MEETING
At 6:45 p.m. Mayor Darcy Paul called the Regular City Council meeting to order. This was a
teleconference meeting with no physical location.
ROLL CALL
Present: Mayor Darcy Paul, Vice Mayor Liang Chao, and Councilmembers Kitty Moore, Hung
Wei, and Jon Robert Willey. Absent: None. All Councilmembers teleconferenced for the
meeting.
CEREMONIAL MATTERS AND PRESENTATIONS
1. Subject: Proclamation recognizing July as Parks and Recreation Month
Recommended Action: Present proclamation recognizing July as Parks and Recreation
Month
Parks and Recreation Director Joanne Magrini received the proclamation.
Mayor Paul presented the proclamation recognizing July as Parks and Recreation
Month.
2. Subject: Proclamation Acknowledging the Lowenthals for their Land Donation for the
Stevens Creek Trail.
Recommended Action: Present Proclamation Acknowledging the Lowenthals for their
Land Donation for the Stevens Creek Trail.
Richard Lowenthal received the proclamation.
Mayor Paul presented the proclamation acknowledging the Lowenthals for their land
donation for the Stevens Creek Trail.
POSTPONEMENTS AND ORDERS OF THE DAY
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Paul moved and Moore seconded to reorder the agenda to hear item 24 immediately after
Postponements and Orders of the Day. The motion carried unanimously.
Council recessed from 6:54 p.m. to 7:00 p.m.
As noted under Postponements and Orders of the Day, Council heard agenda item 24 before
Oral Communications.
ORAL COMMUNICATIONS
Charlene Lee was concerned about election fraud and her arrest record and police report.
Jennifer Griffin supported the Lowenthals land donation to the City and was concerned about
AB 1401.
Call in User 1 was concerned a City citation and code violation regarding a structure that was
built in her backyard and requested a permit.
REPORTS BY COUNCIL AND STAFF (10 minutes)
3. Subject: Brief reports on councilmember activities and brief announcements
Recommended Action: Receive brief reports on councilmember activities and brief
announcements
Council received brief reports on councilmember activities and brief announcements.
4. Subject: City Manager update on emergency response efforts
Recommended Action: Receive City Manager update on emergency response efforts
Interim City Manager Greg Larson reported on COVID‐19 case counts, vaccination
rates, Delta variant rates, face covering recommendations and requirements, and
vaccination and testing locations.
Council received the City Manager update on emergency response efforts.
5. Subject: Report on Committee assignments
Recommended Action: Report on Committee assignments
Councilmembers highlighted the activities of their various committees.
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CONSENT CALENDAR (Items 6‐20)
Willey moved and Wei seconded to approve the items on the Consent Calendar except for Item
Nos. 6 and 20 which were pulled for discussion. Ayes: Paul, Chao, Moore, Wei, and Willey.
Noes: None. Abstain: None. Absent: None.
6. Subject: Approve the June 1 City Council minutes
Recommended Action: Approve the June 1 City Council minutes
Written Communications for this item included Amended Attachment A – Draft
Minutes.
Wei moved and Willey seconded to apply the redline changes as outlined in Amended
Attachment A – Draft Minutes and approve the minutes as amended. The motion
carried unanimously.
7. Subject: Approve the June 4 City Council minutes
Recommended Action: Approve the June 4 City Council minutes
8. Subject: Approve the June 15 City Council minutes
Recommended Action: Approve the June 15 City Council minutes
9. Subject: Approve the June 18 City Council minutes
Recommended Action: Approve the June 18 City Council minutes
10. Subject: Consider Award of a Contract for Crossing Guard Services for a Term of Three
Years with the Option to Extend for Two Additional Years.
Recommended Action: Authorize the City Manager to Award a Contract for Crossing
Guard Services for a Term of Three Years with the Option to Extend for Two
Additional Years in an Amount Not to Exceed the Appropriated Budget of $435,185 to
the Lowest Responsive Bidder if there Are no Unresolved Bid Protests.
Written Communications for this item included emails to Council.
11. Subject: Accept Accounts Payable for the period ending May 10, 2021
Recommended Action: Adopt Resolution No. 21‐060 accepting Payable for the period
ending May 10, 2021
12. Subject: Accept Accounts Payable for the period ending May 17, 2021
Recommended Action: Adopt Resolution No. 21‐061 accepting Payable for the period
ending May 17, 2021
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13. Subject: Accept Accounts Payable for the period ending May 24, 2021
Recommended Action: Adopt Resolution No. 21‐062 accepting Payable for the period
ending May 24, 2021
14. Subject: Accept Accounts Payable for the period ending May 31, 2021
Recommended Action: Adopt Resolution No. 21‐063 accepting Payable for the period
ending May 31, 2021
15. Subject: Accept Accounts Payable for the period ending June 7, 2021
Recommended Action: Adopt Resolution No. 21‐064 accepting Payable for the period
ending June 7, 2021
16. Subject: Accept Accounts Payable for the period ending June 14, 2021
Recommended Action: Adopt Resolution No. 21‐065 accepting Payable for the period
ending June 14, 2021
17. Subject: Accept Accounts Payable for the period ending June 21, 2021
Recommended Action: Adopt Resolution No. 21‐066 accepting Payable for the period
ending June 21, 2021
18. Subject: Accept Accounts Payable for the period ending June 28, 2021
Recommended Action: Adopt Resolution No. 21‐067 accepting Payable for the period
ending June 28, 2021
19. Subject: Consideration of Award of Construction Contract for the 2021 Pavement
Maintenance Phase 2 ‐ Project No. 2021‐106.
Recommended Action: Award a Construction Contract for 2021 Pavement
Maintenance Phase 2 Project, Authorize the City Manager to Execute a Contract in the
Amount of $906,906.00 with Intermountain Slurry Seal, Inc., and Authorize the Director
of Public Works to Execute any Necessary Change Orders, up to the Construction
Contingency Amount of $90,690.00, for a Total Authorized Contract Amount of
$997,596.00.
20. Subject: Consideration of Approval of a Contract Amendment with Nomad Transit,
LLC (Via) to 1) Extend Via‐Cupertino Shuttle Pilot Program by Extending the Contract
Time; 2) Update Contract Language Due to California Assembly Bill (AB) 5, and
Proposition 22; and 3) to Increase Driver Compensation.
Recommended Action: Approve a Contract Amendment with Nomad Transit, LLC
(Via) (Attachment A) Extending the Contract End Date from August 20, 2021 to
October 31, 2022, Including Revisions to Contract Language Pursuant to AB 5 and
Proposition 22, and to Increase Driver Compensation.
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Written communications for this item included a staff presentation and an email to
Council.
Mayor Paul opened the public comment period and the following people spoke.
Peggy Griffin said the ridership heat map did not include pickup locations for the
Sunnyvale Caltrain station and Kaiser hospital.
Mayor Paul closed the public comment period.
Senior Transit and Transportation Planner Chris Corrao gave a presentation.
Councilmembers asked questions and made comments.
Paul moved and Moore seconded to:
Approve a contract amendment with Nomad Transit, LLC (Via) extending the contract
end date from August 20, 2021 to October 31, 2022, including revisions to contract
language pursuant to AB 5 and Proposition 22, and to increase driver compensation;
with staff direction to provide a presentation regarding relaunch status to Council
approximately two months after the program launch.
The motion carried unanimously.
SECOND READING OF ORDINANCES
21. Subject: Consider and Act on Ordinance No. 21‐2228: ʺAn Ordinance of the City
Council of the City of Cupertino Amending City Code Section 11.27.145, Designation of
Preferential Parking Zones, to Add Serra Street (All Saturdays, Sundays, and Holidays,
from 6 a.m. to 2 p.m.)ʺ
Recommended Action: Conduct a Second Reading and Enact Ordinance No. 21‐2228:
ʺAn Ordinance of the City Council of the City of Cupertino Amending City Code
Section 11.27.145, Designation of Preferential Parking Zones, to Add Serra Street (All
Saturdays, Sundays, and Holidays, from 6 a.m. to 2 p.m.)ʺ
Councilmembers asked questions and made comments.
Mayor Paul opened the public comment period and, seeing no speakers, closed the
public comment period.
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City Clerk Kirsten Squarcia read the title of Ordinance No. 21‐2228: ʺAn Ordinance of
the City Council of the City of Cupertino Amending City Code Section 11.27.145,
Designation of Preferential Parking Zones, to Add Serra Street (All Saturdays, Sundays,
and Holidays, from 6 a.m. to 2 p.m.)ʺ
Moore moved and Wei seconded to read Ordinance No. 21‐2228 by title only, and that
the City Clerk’s reading constitutes the second reading thereof; and that Ordinance No.
21‐2228 be enacted. Ayes: Moore, Wei, Willey, Chao, and Paul. Noes: None. Abstain:
None. Absent: None.
PUBLIC HEARINGS
22. Subject: Hearing to approve lien 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
Recommended Action: Conduct a hearing to consider objections from any property
owners listed on the revised assessment report; and adopt Resolution No. 21‐068
approving the lien assessment and collection of fees on private parcels for the annual
Weed and Brush Abatement Programs to allow the County to recover the cost of
abatement
Written Communications for this item included a staff presentation.
City Clerk Kirsten Squarcia gave a presentation.
Councilmembers asked questions and made comments.
Mayor Paul opened the public hearing and the following people spoke.
Wen Wanling said that she complied with abatement and asked when her parcel would
be removed from the program.
Mayor Paul closed the public hearing.
Moore moved and Wei seconded to adopt Resolution No. 21‐068 approving the lien
assessment and collection of fees on private parcels for the annual Weed and Brush
Abatement Programs to allow the County to recover the cost of abatement. The
motion carried unanimously.
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23. Subject: Consideration of the Lease, Sale or City Operation of the Cupertino Municipal
Water System and Provide Direction on These Options.
Recommended Action: 1. Conduct a Public Hearing to Consider Options for the
Continued Operation of the Cupertino Municipal Water System; and
2. Adopt Resolution 21‐069, Authorizing Initiation of the Public Utilities Code § 10061
Process to Approve a Future Long‐term Lease of Real Property (Cupertino Municipal
Water System) that May be Effective as Early as October 1, 2022 (Attachment A.)
Written communications for this item include a staff presentation and an email to
Council.
Public Works Director Roger Lee gave a presentation.
Councilmembers asked questions and made comments.
Mayor Paul opened the public comment period and the following people spoke.
Jean Bedord supported the staff recommendation and limiting the lease to 10 years.
John Ennals supported consideration of a City operated water company, changing the
evaluation criteria to benefit those served, and considering other water retailers.
Peggy Griffin supported consideration of the water pipes and earthquake risks with the
geology of Cupertino and specifying and verifying fulfillment of the lease terms.
Mayor Paul closed the public comment period.
Paul moved and Wei seconded to:
Adopt Resolution 21‐069, Authorizing Initiation of the Public Utilities Code § 10061
Process to Approve a Future Long‐term Lease of Real Property (Cupertino Municipal
Water System) that May be Effective as Early as October 1, 2022; with staff direction to
limit lease terms to either 10 or 12 years with a renewal option, bring back rate
discussion prior to going out for requests for proposals and to follow‐up as to what it
would require for the City to manage the utility with in‐house staff.
The motion carried unanimously.
ORDINANCES AND ACTION ITEMS
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24. Subject: Consider Proposed Amendments to Appointed Employees Compensation
Program to include City Attorney Classification and to Reflect Annual Salary Amount,
and Consider Proposed First Amendment to Employment Agreement for the City
Attorney Changing Appointment Date to July 20, 2021.
Recommended Action: 1. Adopt Resolution No. 21‐070 amending the Appointed
Employees’ Compensation Program (Attachment B), and
2. Adopt Resolution No. 21‐071 approving the First Amendment to City Attorney
Employment Agreement (Attachment C); Authorize the Mayor to execute the First
Amendment to Employment Agreement with the new City Attorney for the City of
Cupertino (Attachment D).
Paul moved and Moore seconded to:
1. Adopt Resolution No. 21‐070 amending the Appointed Employees’ Compensation
Program (Attachment B), and
3. Adopt Resolution No. 21‐071 approving the First Amendment to City Attorney
Employment Agreement (Attachment C); Authorize the Mayor to execute the First
Amendment to Employment Agreement with the new City Attorney for the City of
Cupertino (Attachment D).
The motion carried unanimously.
25. Subject: Consider increasing the current 0.75 Full‐time Equivalent (FTE) Community
Relations Coordinator (Block Leader Program) by 0.25 to make 1.0 Full‐time Position
Recommended Action: Approve increasing the current 0.75 FTE Community Relations
Coordinator (Block Leader Program) position by 0.25 and approve Budget Modification
Number 2122‐153 to appropriate $38,352 for the 0.25 FTE addition.
Assistant to the City Manager Katy Nomura introduced the item.
Emergency Services Coordinator Tom Chin gave a presentation.
Councilmembers asked questions and made comments.
Mayor Paul opened the public comment period and the following people spoke.
Peggy Griffin supported expanding the job description, new requirements for block
leaders, and combining the Neighborhood Watch and Block Leader positions.
Mayor Paul closed the public comment period.
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Motion 1. Wei moved and Paul seconded to approve increasing the current 0.75 FTE
Community Relations Coordinator (Block Leader Program) position by 0.25 and
approve Budget Modification Number 2122‐153 to appropriate $38,352 for the 0.25 FTE
addition. The motion carried unanimously.
Willey moved a substitute motion for the City Manager to evaluate the position and his
staff and come back with an expanded job description that is focused on community
engagement. There was no seconder, and the motion was not considered.
Motion 2. Chao moved and Willey seconded to direct the City Manager to come back
with a recommendation for a significantly enhanced community engagement and
outreach program for the City. The motion carried with Moore voting no.
Council recessed from 11:02 p.m. to 11:08 p.m.
26. Subject: Receive Internal Audit Enterprise Risk Assessment and Consider Approving
Internal Audit Plan for FY 2021‐22
Recommended Action: 1. Receive Internal Audit Enterprise Risk Assessment
2. Approve the Internal Audit Plan for FY 2021‐22
Written Communications for this item included a consultant presentation.
Moss Adams Partner Mark Steranka gave a presentation.
Councilmembers asked questions and made comments.
Mayor Paul opened the public comment period and the following people spoke.
Peggy Griffin was concerned about contract invoice submittal and payment issues and
requested tighter procedures. (Submitted written comments).
Mayor Paul closed the public comment period.
Moore moved and Willey seconded to:
1. Receive Internal Audit Enterprise Risk Assessment; and
2. Approve the Internal Audit Plan for FY 2021‐22
The motion carried unanimously.
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27. Subject: Receive 2021 Drought Condition Information and Update on the Cityʹs
Ongoing Water Conservation Measures for City Operations; Provide Input to Staff on
Potential Further Water Conservation Measures.
Recommended Action: Receive the Staff Presentation on the Countyʹs Drought
Conditions and Provide Any Input.
Written Communications for this item included a staff presentation and Updated
Attachment D – California Water Service Rule 14.1 Restrictions.
Paul moved and Wei seconded to table this item to a special meeting on Thursday, July
22. The motion carried unanimously.
ORAL COMMUNICATIONS ‐ CONTINUED (As necessary) ‐ None
COUNCIL AND STAFF COMMENTS AND FUTURE AGENDA ITEMS
Council did not hear this item.
ADJOURNMENT
At 11:57 p.m., Mayor Paul adjourned the meeting.
_____________________________
Kirsten Squarcia, City Clerk