CC 05-17-2022 Agenda1
IN-PERSON AND TELECONFERENCE MEETING
For more information:
(408)777-3200 │ www.cupertino.org
AGENDA OF THE
CUPERTINO CITY COUNCIL
Tuesday, May 17, 2022
Televised Special Meeting (5:30) and Regular City
Council Meeting (6:45)
CITY COUNCIL
DARCY PAUL, MAYOR
LIANG CHAO, VICE MAYOR
KITTY MOORE, COUNCILMEMBER
HUNG WEI, COUNCILMEMBER
JON ROBERT WILLEY, COUNCILMEMBER
CONDUCT OF BUSINESS
The Mayor is the presiding officer of the City Council. Any member of
the public may speak on any item on the agenda for up to three
minutes. All statements and questions must be addressed to the
Mayor.
City Council hearings serve as a venue for the discussion of sometimes
divergent points of view. Please respect the opinions of others and
refrain from cheering or clapping. That may delay the meeting or
intimidate other persons wishing to express alternate views. Actions
that disrupt the meeting will result in a warning, followed by removal
if disruption continues.
The proceedings of the meeting are recorded, therefore 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.
FLOWCHART FOR HEARING ITEMS:
Mayor introduces
agenda item
Councilmembers report any site
visits or outside communications.
Staff reports and makes
recommendation
Applicant or
Appellant makes
presentation
(up to 10 mins.)
Speakers submit a Request to
Speak card, and are allowed up to
3 minutes per individual. Council
members may ask questions of
speakers.
Mayor invites members of
the public to speak about
the agenda item
For appeals of approvals, the
applicant may respond to
appellants presentation.
City Council
votes on the
agenda item
Council holds initial discussions
and/or a Councilmember makes a
motion and obtains a second.
The City Council then discusses and
deliberates on the motion(s) and
votes.
Mayor closes the
hearing
Councilmembers ask questions.
PUBLIC HEARINGS
The City Council is required by law to
hold public hearings on certain matters
prior to making its decision. Notice to
interested parties is given by legal
advertisement in the local newspaper of
general circulation at least 10 calendar
days preceding the hearing date.
Applications requiring public hearings
include change of zoning, variances, use
permits, and tentative maps.
COUNCIL MEETINGS
The City Council regularly meets the first
and third Tuesdays of each month. These
meetings are held in the Council
Chamber of the Cupertino Community
Hall, 10350 Torre Avenue, at 6:45 p.m.
Closed sessions, when needed, are
normally held at 6:00 p.m. Closed
sessions cover items such as personnel,
litigation, or the sale , purchase, or lease
of property. The law requires certain
actions taken in closed session to be
reported in open session.
Urgent business, holidays, or election
days may trigger special or adjourned
meetings. These meetings will be noticed
beforehand.
AGENDAS, MINUTES, AND PACKETS
AVAILABLE ON THE WEB
Agendas, minutes, and packets for
current and prior City Council and
Planning Commission meetings are
available at www.cupertino.org, or you
can purchase the items on CD.
CITY COUNCIL DECISION IS FINAL
Prior to seeking judicial review of any
adjudicatory (quasi‐judicial) decision,
interested persons must file a petition for
reconsideration within ten calendar days
of the date the City Clerk mails notice of
the City’s decision. Reconsideration
petitions must comply with the
requirements of Cupertino Municipal
Code §2.08.096. Contact the City Clerk’s
office for more information or go to
www.http://www.cupertino.org/index.as
px?page=125 for a reconsideration
petition form.
Mayor Invites
applicant/appellant to
repond to public
THE CITY COUNCIL AND STAFF
CITY COUNCIL
Cupertino is a General Law city organized under and subject to statutes of the State of California. It is governed by
the five‐member City Council with the Mayor as the presiding officer. City Council members are elected at‐large to
four‐year, overlapping terms. Each November a mayor and a vice‐mayor are selected by the City Council for a one‐
year term.
The City Council receives advice and assistance from eleven advisory bodies, which are appointed by the Council.
These are the Audit Committee, Bicycle Pedestrian Commission, Fine Arts Commission, Housing Commission,
Library Commission, Parks and Recreation Commission, Planning Commission, Public Safety Commission,
Sustainability Commission, Teen Commission, and Technology, Information, and Communications Commission.
Council members also serve on a variety of regional bodies, including:
∙ Association of Bay Area Governments
∙ League of California Cities
∙ Santa Clara County (SCC)Cities Association
∙ SCC Emergency Preparedness Council
∙ SCC Library District
∙ SCC Emergency Preparedness Commission
∙ Santa Clara Valley Water Commission and Water District
∙ SCC Transportation Authoritym
∙ West Valley Mayors and Managers
STAFF
The City Manager and the City Attorney are appointed by the Council. The City Manager is responsible for
interpreting and carrying out Council policies and direction, and as the chief administrative officer, the City Manager
coordinates the many activities of the city and appoints the professional and technical staff. The City Attorney is the
advisor to the City Council as a whole.
TYPES OF COUNCIL ACTIONS
ORDINANCES
Ordinances are the means by which the City enacts its local laws. Unless an urgent situation exists, ordinances will
first be presented at a Council meeting as a “first reading." At a subsequent Council meeting, there will be a “second
reading and adoption." Ordinances go into effect after a waiting period of thirty days, in most cases, during which
time the summary of the ordinance is published in a local newspaper approved for this purpose.
RESOLUTIONS
Resolutions and minute orders are the means by which the City Council formally adopts policies or approves specific
actions. These go into effect when adopted.
APPEALS
Any interested person, including a Council member, may appeal a Planning Commission or Director of Community
Development decision to the City Council. An appeal must be submitted in writing to the City Clerk within 14
calendar days of the mailing of the notice of the decision.
RECONSIDERATION
Prior to seeking judicial review of any adjudicatory (quasi‐judicial) decision, interested persons must file a petition
for reconsideration within ten calendar days of the date the City Clerk mails notice of the City’s decision.
Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the
City Clerk’s office for more information or go to www.http://www.cupertino.org/index.aspx?page=125 for a
reconsideration petition form.
COMMUNICATING WITH COUNCIL
(408) 777‐3195
(408) 777‐3192
(408) 777‐1398
(408) 777‐3139
(408) 777‐3193
(408)777‐3212
All Council members:
Darcy Paul
Liang Chao
Kitty Moore
Hung Wei
Jon Robert Willey
Executive Assistant
City Hall
citycouncil@cupertino.org
DPaul@cupertino.org
LiangChao@cupertino.org
Kmoore@cupertino.org
HWei@cupertino.org
JWilley@cupertino.org
Debran@cupertino.org
www.cupertino.org (408) 777‐CITY
Please note: the City Council discourages submission of written materials on the day of the meeting as this does not
provide enough time to give the materials fair evaluation. If you must provide written materials on the day of the
meeting, as least one copy must be given to the City Clerk for the permanent record, and ten copies are preferred.
NEWS AND NOTICES FROM CITY HALL
EMAIL
Sign up for e‐notification of agendas, elections, and other news on the city website at www.cupertino.org/notify
TELEVISION
The City Channel broadcasts City Council and Planning Commission meetings , as well as agenda previews, public
service announcements, and other programs of community interest, on Channel 26 in Cupertino. The meetings
are shown at these times:
Tuesday (live) 6:45 p.m. Friday (replay) 10:00 a.m.
Thursday (replay) 7:00 p.m. Saturday (replay) 9:00 a.m.
INTERNET
City Council and Planning Commission videos are available on demand at www.cupertino.org. Select "I Want
To, View City Council meetings".
News and community information can also be found at:
https://www.facebook.com/cityofcupertino/
https://twitter.com/CityofCupertino
https://www.instagram.com/cityofcupertino
AUDIO
Tune into Radio Cupertino, 1670 AM, for meeting announcements, public service messages,and emergency
announcements.
USEFUL TELEPHONE NUMBERS
City of Cupertino (City Hall) General Information and Comments (408) 777‐CITY
Fire (Emergency) Santa Clara County Fire Dept. dispatch 911
Fire (Non‐Emergency ) Santa Clara County Fire Dept.(408)378‐4010
Garbage Recology South Bay (408) 725‐4020
Gas & Electricity Pacific Gas & Electric (PG&E) 1‐800‐743‐5000
Recreation & Community Quinlan Community Center (408) 777‐3120
Services
Police (Emergency)Santa Clara County Sheriff dispatch 911
Police (Non‐Emergency) Santa Clara County Sheriff (408) 868‐6600
Public Health Santa Clara County Public Health (408) 732‐3720
Sanitary Sewers Cupertino Sanitary District (408) 253‐7071
Water San Jose Water (408) 279‐7900
California Water (650) 917‐0152
CITY OF CUPERTINO
CITY COUNCIL
AGENDA
10350 Torre Avenue, Council Chamber and via Teleconference
Tuesday, May 17, 2022
5:30 PM
Televised 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 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 .
2) E-mail comments by 4:30 p.m. on Tuesday, May 17 to the Council at
citycouncil@cupertino.org. These e-mail comments will also be forwarded to
Councilmembers by the City Clerk’s office before the meeting and posted to the City’s
website after the meeting.
3) E-mail comments during the times for public comment during the meeting to the City
Clerk at cityclerk@cupertino.org. The City Clerk will read the emails into the record, and
display any attachments on the screen, for up to three minutes (subject to the Mayor ’s
discretion to shorten time for public comments). Members of the public that wish to share a
document must email cityclerk@cupertino.org prior to speaking.
Members of the public may provide oral public comments during the meeting as follows :
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City Council Agenda May 17, 2022
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 City Council, click on the link below to register in advance and access the
meeting:
Online
Register in advance for this webinar:
https://cityofcupertino.zoom.us/webinar/register/WN_-1PI16JGRZWwDoJAQoF5Kg
Phone
Dial: 669-900-6833 and enter Webinar ID: 993 2981 9084 (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: 993 2981 9084
SIP: 99329819084@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,
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City Council Agenda May 17, 2022
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 .
In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to
attend this teleconference City Council 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 Council meeting to arrange for assistance .
In addition, upon request, in advance, by a person with a disability, City Council meeting
agendas and writings distributed for the meeting that are public records will be made
available in the appropriate alternative format.
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, May 17, 2022, 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."
SPECIAL MEETING
ROLL CALL - 5:30 PM
ORDINANCES AND ACTION ITEMS
1.Subject: Consider the proposed Fiscal Year 2022-2023 City Work Program
Recommended Action: Provide any input and adopt the FY 2022-2023 City Work
Program
Presenter: Katy Nomura, Deputy City Manager
Staff Report
A - All Items in Priority Order
B - Proposed FY 2022-2023 City Work Program
C - All Items Divided by Department
ADJOURNMENT
REGULAR MEETING
PLEDGE OF ALLEGIANCE - 6:45 PM
ROLL CALL
CEREMONIAL MATTERS AND PRESENTATIONS
Page 3
City Council Agenda May 17, 2022
1.Subject: Consider proclamation to Silicon Valley Clean Energy (SVCEA) to recognize
the agency's Fifth Anniversary and its close connection to Cupertino
Recommended Action: Present proclamation to Silicon Valley Clean Energy (SVCEA)
to recognize the agency's Fifth Anniversary and its close connection to Cupertino
A - Proclamation
2.Subject: Consider proclamation of the Public Works Week Proclamation, May 15-21,
2022
Recommended Action: Present Proclamation for Public Works Week, May 15-21, 2022
A - Proclamation
POSTPONEMENTS AND ORDERS OF THE DAY
3.Subject: Consider accepting Accounts Payable for the period ending February 7, 2022
(Continued from May 3, 2022)
Recommended Action: Adopt Resolution No. 22-036 accepting Accounts Payable for
the period ending February 7, 2022. /// Recommended Postponement: Postponement to
June 7, 2022 meeting
A - Draft Resolution
B - AP report
4.Subject: Consider accepting Accounts Payable for the period ending February 14, 2022
(Continued from May 3, 2022)
Recommended Action: Adopt Resolution No. 22-037 accepting Accounts Payable for
the period ending February 14, 2022. /// Recommended Postponement: Postponement
to June 7, 2022 meeting
A - Draft Resolution
B - AP report
5.Subject: Consider accepting Accounts Payable for the period ending February 21, 2022
(Continued from May 3, 2022)
Recommended Action: Adopt Resolution No. 22-038 accepting Accounts Payable for
the period ending February 21, 2022. /// Recommended Postponement: Postponement
to June 7, 2022 meeting
A - Draft Resolution
B - AP report
6.Subject: Consider accepting Accounts Payable for the period ending February 22, 2022
MISC (Continued from May 3, 2022)
Recommended Action: Adopt Resolution No. 22-039 accepting Accounts Payable for
the period ending February 22, 2022 MISC. /// Recommended Postponement:
Postponement to June 7, 2022 meeting
Page 4
City Council Agenda May 17, 2022
A - Draft Resolution
B - AP report
7.Subject: Consider accepting Accounts Payable for the period ending February 28, 2022
(Continued from May 3, 2022)
Recommended Action: Adopt Resolution No. 22-040 accepting Accounts Payable for
the period ending February 28, 2022. /// Recommended Postponement: Postponement
to June 7, 2022 meeting
A - Draft Resolution
B - AP report
8.Subject: Consider accepting Accounts Payable for the period ending March 7, 2022
(Continued from May 3, 2022)
Recommended Action: Adopt Resolution No. 22-041 accepting Accounts Payable for
the period ending March 7, 2022. /// Recommended Postponement: Postponement to
June 7, 2022 meeting
A - Draft Resolution
B - AP report
9.Subject: Consider accepting Accounts Payable for the period ending March 14, 2022
(Continued from May 3, 2022)
Recommended Action: Adopt Resolution No. 22-042 accepting Accounts Payable for
the period ending March 14, 2022. /// Recommended Postponement: Postponement to
June 7, 2022 meeting
A - Draft Resolution
B - AP report
10.Subject: Consider accepting Accounts Payable for the period ending March 21, 2022
(Continued from May 3, 2022)
Recommended Action: Adopt Resolution No. 22-043 accepting Accounts Payable for
the period ending March 21, 2022. /// Recommended Postponement: Postponement to
June 7, 2022 meeting
A - Draft Resolution
B - AP report
11.Subject: Consider accepting Accounts Payable for the period ending March 28, 2022
(Continued from May 3, 2022)
Recommended Action: Adopt Resolution No. 22-044 accepting Accounts Payable for
the period ending March 28, 2022. /// Recommended Postponement: Postponement to
June 7, 2022 meeting
A - Draft Resolution
B - AP report
Page 5
City Council Agenda May 17, 2022
12.Subject: Consider accepting Accounts Payable for the period ending March 28, 2022
MISC (Continued from May 3, 2022)
Recommended Action: Adopt Resolution No. 22-045 accepting Accounts Payable for
the period ending March 28, 2022 MISC. /// Recommended Postponement:
Postponement to June 7, 2022 meeting
A - Draft Resolution
B - AP report
13.Subject: Consider accepting Accounts Payable for the period ending December 20, 2021
(Continued from May, 3, 2022)
Recommended Action: Adopt Resolution No. 22-015 accepting Accounts Payable for
the period ending December 20, 2021. /// Recommended Postponement: Postponement
to June 7, 2022 meeting
Staff Report
A - Payments to Chamber Jan 2015 - Mar 2022
B - Festivals - City Fees Waived & City Expenses
C - Reservations for Meeting Space at City Facilities
D - Draft Resolution
E - AP Report (Including Chamber Contract Payment)
F - I Love Cupertino Invoices
14.Subject: Consider accepting Accounts Payable for the period ending April 4, 2022
Recommended Action: Adopt Resolution No. 22-051 accepting Accounts Payable for
the period ending April 4, 2022. /// Recommended Postponement: Postponement to
June 7, 2022 meeting
A - Draft Resolution
B - AP report
15.Subject: Consider accepting Accounts Payable for the period ending April 11, 2022
Recommended Action: Adopt Resolution No. 22-052 accepting Accounts Payable for
the period ending April 11, 2022. /// Recommended Postponement: Postponement to
June 7, 2022 meeting
A - Draft Resolution
B - AP report
16.Subject: Consider accepting Accounts Payable for the period ending April 18, 2022
Recommended Action: Adopt Resolution No. 22-053 accepting Accounts Payable for
the period ending April 18, 2022. /// Recommended Postponement: Postponement to
June 7, 2022 meeting
A - Draft Resolution
B - AP report
17.Subject: Consider accepting Accounts Payable for the period ending April 25, 2022
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City Council Agenda May 17, 2022
Recommended Action: Adopt Resolution No. 22-054 accepting Accounts Payable for
the period ending April 25, 2022. /// Recommended Postponement: Postponement to
June 7, 2022 meeting
A - Draft Resolution
B - AP Report
18.Subject: Consider the Fiscal Year (FY) 2022-23 Fee Schedule Update (Continued from
May 3, 2022)
Recommended Action: Adopt Resolution No. 22-049 approving FY 2022-23 Fee
Schedule A, B, C, D and E effective July 18, 2022. /// Recommended Postponement:
Postponement to May 19, 2022 meeting
Staff Report
A - FY2022-23 Fee Schedule A - General Fees (redline)
B - FY2022-23 Fee Schedule B - Engineering Fees (redline)
C - FY2022-23 Fee Schedule C - Planning Fees (redline)
D - FY2022-23 Fee Schedule D - Building Fees (redline)
E - FY2022-23 Fee Schedule E - Recreation (redline)
F - FY2022-23 Fee Schedule A - General Fees (clean)
G - FY2022-23 Fee Schedule B - Engineering Fees (clean)
H - FY2022-23 Fee Schedule C - Planning Fees (clean)
I - FY2022-23 Fee Schedule D - Building Fees (clean)
J - FY2022-23 Fee Schedule E - Recreation (clean)
K - User Fee Study 2016
L - Draft Resolution No. 22-049 approving FY 2022-23 Fee Schedule A, B, C, D, and E
19.Subject: Consider conducting the first reading of an Ordinance related to regulation of
single-use plastic foodware and single-use carryout bags (continued from May 3, 2022).
Continue to a date certain at a special meeting on May 19, 2022
Recommended Action: Conduct the first reading of Ordinance No. 22-2239: “An
Ordinance of the City Council of the City of Cupertino amending City Code to change
the name of section 9.15, adopt new sections 9.15.090 and 9.15.125, and amend sections
9.15.100, 9.15.110, 9.15.120, 9.15.130, 9.17.130, and 9.17.140 to regulate the use of
single-use food service ware by food providers, regulate sale of single-use food service
ware and expanded polystyrene foam coolers, and regulate single-use carryout bags ”
(Attachment A), which includes a finding that adoption of the Ordinance is exempt
from the California Environmental Quality Act (CEQA.). /// Recommended
Postponement: Postponement to May 19, 2022 meeting
Staff Report
A - Single-Use Plastics and Bags Draft Ordinance - Blackline Version
B - Single-Use Plastics and Bags Draft Ordinance - Clean Version
C- Single-Use Plastics Ordinance Elements and Phasing Summary
D - Single-Use Foodware Cost Comparisons
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City Council Agenda May 17, 2022
20.Subject: Consideration of Municipal Code amendments to the Cupertino Municipal
Code, Title 2 to add Chapter 2.96 and codify the Economic Development Committee
(continued from May 3, 2022)
Recommended Action: 1. Conduct the first reading of Ordinance No. 22-2240; “An
Ordinance of the City Council of the City of Cupertino Adding Chapter 2.96 of Title 2
(Administration and Personnel) to Codify the Economic Development Committee "
2. Find that the proposed actions are exempt from CEQA. /// Recommended
Postponement: Postponement to May 19, 2022 meeting
Staff Report
Draft Ordinance
21.Subject: Consider approval of the April 26 City Council minutes
Recommended Action: Approve the April 26 City Council minutes. /// Recommended
Postponement: Postponement to May 19, 2022 meeting
A - Draft Minutes
22.Subject: Consider approval of the April 28 City Council minutes
Recommended Action: Approve the April 28 City Council minutes. /// Recommended
Postponement: Postponement to May 19, 2022 meeting
A - Draft Minutes
23.Subject: Consider approval of the May 2 City Council minutes
Recommended Action: Approve the May 2 City Council minutes. /// Recommended
Postponement: Postponement to May 19, 2022 meeting
A - Draft Minutes
24.Subject: Consider approval of the May 3 City Council minutes
Recommended Action: Approve the May 3 City Council minutes. /// Recommended
Postponement: Postponement to May 19, 2022 meeting
A - Draft Minutes
25.Subject: Consider setting a hearing date to declare brush with potential fire hazard a
public nuisance and for objections to proposed removal through the Cupertino Brush
Abatement Program WUI (Wildland-Urban Interface Fire Area); adopting a resolution
declaring properties as having potential fire hazards from brush and authorizing
removal
Recommended Action: Adopt Resolution No. 22-055 declaring properties as having
potential fire hazards from brush; and set a hearing date of June 21, 2022 to declare
brush with potential fire hazard a public nuisance and to hear objections to proposed
removal. /// Recommended Postponement: Postponement to May 19, 2022 meeting
Staff Report
A - Draft Resolution
Page 8
City Council Agenda May 17, 2022
26.Subject: Consider setting a voluntary campaign expenditure limit of $34,470 for the
November 8, 2022 City Council election
Recommended Action: Adopt the Resolution No. 22-056 setting a voluntary campaign
expenditure limit of $34,470 for the November 8, 2022 City Council election.
/// Recommended Postponement: Postponement to May 19, 2022 meeting
Staff Report
A - Draft Resolution
27.Subject: Consider adopting a resolution authorizing continued remote teleconference
meetings of the legislative bodies of the City of Cupertino for the period May 19, 2022
through June 18, 2022 pursuant to the Brown Act, as amended by AB 361
Recommended Action: Adopt Resolution No. 22-057 authorizing continued remote
teleconference meetings of the legislative bodies of the City of Cupertino for the period
May 19, 2022 through June 18, 2022 pursuant to the Brown Act, as amended by AB 361.
/// Recommended Postponement: Postponement to May 19, 2022 meeting
Staff Report
A - Draft Resolution
B – Adopted Resolution No. 22-050
C – Health Officer Recommendation Regarding Public Governmental Meetings
28.Subject: Consider the FY 2020-21 Annual Comprehensive Financial Report (ACFR) and
related supplemental reports
Recommended Action: Accept the FY 2020-21 Annual Comprehensive Financial Report
(ACFR) and related supplemental reports. /// Recommended Postponement:
Postponement to May 19, 2022 meeting
Staff Report
A - FY 2020-21 ACFR
B - FY 2020-21 GAGAS Report
C - FY 2020-21 Appropriation Limit AUP Report
D - FY 2020-21 Storm Drain AUP Report
E - FY 2020-21 Investment AUP Report
F - Management Letter
29.Subject: Consider accepting the City Investment Policy
Recommended Action: Adopt Resolution No. 22-058 accepting the City Investment
Policy. /// Recommended Postponement: Postponement to May 19, 2022 meeting
Staff Report
A - Draft Resolution
B - Investment Policy (redline)
30.Subject: Consider accepting the Third Quarter Financial Report for Fiscal Year 2021-22;
consider adopting a resolution approving Budget Modification #2122-198 increasing
appropriations by $529,935 and revenues by $9,448,487.
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City Council Agenda May 17, 2022
Recommended Action: 1.Accept the City Manager's Third Quarter Financial Report
for FY 2021-22.
2.Adopt Resolution 22-059 approving Budget Modification #2122-198 increasing
appropriations by $529,935 and revenues by $9,448,487. /// Recommended
Postponement: Postponement to May 19, 2022 meeting
Staff Report
A - Draft Resolution
B - FY 2021-22 Third Quarter Financial Report
C - FY 2021-22 Third Quarter Budget Adjustment Journal
D - Amended Budget Detail as of March 31, 2022
E - Budget Transfers Detail as of March 31, 2022
31.Subject: Consider the 2022 Annual Pavement Report
Recommended Action: Receive the 2022 Annual Pavement Report. /// Recommended
Postponement: Postponement to May 19, 2022 meeting
Staff Report
A - Ranges of PCI Values and Street Conditions
B- 2022 Pavement Maintenance Project Location List
32.Subject: Consider acceptance of Offers of Dedication and a Waiver of Future
Reimbursement from the property owners at 10155, 10165, and 10420 Orange Avenue,
related to the Orange Avenue Sidewalk Improvements Project .
Recommended Action: Adopt Resolution No. 22-060 (Attachment A) accepting the
Offers of Dedication and Waiver of Future Reimbursement from the property owners at
10155, 10165, and 10420 Orange Avenue, related to the Orange Avenue Sidewalk
Improvements Project. /// Recommended Postponement: Postponement to May 19,
2022 meeting
Staff Report
A - Draft Resolution
B - Signed Agreement
33.Subject: Consider award of a construction contract for the Orange Avenue Sidewalk
Improvements Project (Project 2016-10.1) for the construction of sidewalk, curb, gutter,
storm drainage modifications, and associated improvements on Orange Avenue,
between McClellan Road and Stevens Creek Boulevard.
Recommended Action: Award a construction contract for the Orange Avenue
Sidewalk Improvements Project, authorize the City Manager to execute a contract in
the amount of $1,738,875.00 with Redgwick Construction Company, and authorize the
Director of Public Works to execute any necessary change orders, up to the
construction contingency amount of $173,888.00 (10% of contract amount,) for a total
authorized contract amount of $1,912,763.00. /// Recommended Postponement:
Postponement to May 19, 2022 meeting
Staff Report
A - Draft Contract
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City Council Agenda May 17, 2022
34.Subject: Consider authorizing a Seventh Amendment of Agreement 15-206 between the
City of Cupertino and Professional Turf Management extending the contract for six
months and resulting in $102,600 in maintenance related expenses for Fiscal Year
2022-2023
Recommended Action: Consider approving the Seventh Amendment of Agreement
15-206 between the City of Cupertino and Professional Turf Management, to extend the
term of the agreement up to six months and resulting in $102,600 in maintenance
related expenses for Fiscal Year 2022-2023. /// Recommended Postponement:
Postponement to May 19, 2022 meeting
Staff Report
A - Seventh Amendment for Blackberry Farm Golf Course Maintenance
35.Subject: Consider recommendation from the Parks and Recreation Commission to
approve funds in the amount of $96,460.46 for the Fiscal Year 2022-2023 Community
Funding Grant Program and approval of final funding amounts for the Community
Funding Program, to be included in the Recommended Budget for Fiscal Year
2022-2023
Recommended Action: Consider the recommendation from the Parks and Recreation
Commission to approve funds in the amount of $96,460.46 for the Fiscal Year 2022-2023
Community Funding Grant Program. Determine and approve final funding amounts
for the Community Funding Program, to be included in the Recommended Budget for
Fiscal Year 2022-2023; and provide direction to staff. /// Recommended Postponement :
Postponement to May 19, 2022 meeting
Staff Report
A - Community Funding Applications and Preliminary Eligibility Evaluations
B - Commissioner Community Funding Evaluation Form
C - Evaluation Totals and Parks and Recreation Commission Recommendation
D - Community Funding Grant Policy
E - Community Funding Historical Funding Information FY 2018-2022
ORAL COMMUNICATIONS
This portion of the meeting is reserved for persons wishing to address the Council on any matter within
the jurisdiction of the Council and not on the agenda. The total time for Oral Communications will
ordinarily be limited to one hour. Individual speakers are limited to three (3) minutes. As necessary, the
Chair may further limit the time allowed to individual speakers, or reschedule remaining comments to
the end of the meeting on a first come first heard basis, with priority given to students. In most cases,
State law will prohibit the Council from discussing or making any decisions with respect to a matter
not listed on the agenda. A councilmember may, however, briefly respond to statements made or
questions posed by speakers. A councilmember may also ask a question for clarification, provide a
reference for factual information, request staff to report back concerning a matter, or request that an
item be added to a future City Council agenda in response to public comment .
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City Council Agenda May 17, 2022
REPORTS BY COUNCIL AND STAFF (10 minutes)
36.Subject: Brief reports on councilmember activities and brief announcements
Recommended Action: Receive brief reports on councilmember activities and brief
announcements
37.Subject: Report on Committee assignments
Recommended Action: Report on Committee assignments
38.Subject: Report on Subcommittee assignments
Recommended Action: Report on Subcommittee assignments
39.Subject: City Manager update
Recommended Action: Receive City Manager update on City business
CONSENT CALENDAR - None
Unless there are separate discussions and/or actions requested by council, staff or a member of the
public, it is requested that items under the Consent Calendar be acted on simultaneously.
STUDY SESSION
40.Subject: Consider a Study Session on the Capital Improvements Program (CIP,)
including review of the five-year CIP (Fiscal Year (FY) 22-27) and new proposed
projects for FY 22-23; Consider the supplemental information for Capital Improvements
Program (CIP) Study Session (Continued from May 3, 2022)
Recommended Action: Receive report on the five-year CIP (FY 22-27,) including new
proposed projects for FY 22-23, requesting comments and direction; Consider
incorporating additional information into the deliberations on the CIP
Presenter: Susan Michael, Capital Improvements Program Manager
Supplemental Staff Report
May 3, 2022 Staff Report
A - Proposed FY22-23 CIP Projects List
B - Proposed FY22-23 CIP Project Narratives
C – FY22-23 CIP Projects Table
D – Status Report, Current CIP Projects
E - Planning Commission Resolution 6950
F - Memo Civic Center Projects Update
G - Memo on City Hall Seismic Analysis
G1 - 2021 City Hall Tier 1 Seismic Eval
G2 - 2014 Seismic Study Tipping Mar
G3 - 2012 Essential Serv Fac Analysis AKH
G4 - 2006 Seismic Report AKH
G5 - 2011 Structural Analysis AKH
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City Council Agenda May 17, 2022
41.Subject: Initial Study Session on Fiscal Year (FY) 2022-23 Proposed Budget
Recommended Action: Conduct Initial Study Session on Fiscal Year (FY) 2022-23
Proposed Budget and provide direction to staff
Presenter: Thomas Leung, Senior Management Analyst
A - Table of Contents
B - Introduction
C - Budget Message
D - Budget Guide
E - Community Profile
F - Financial Policies
G - Financial Schedules
H - Council and Commissions
I - Administration
J - Law Enforcement
K - Innovation and Technology
L - Administrative Services
M - Parks and Recreation
N - Community Development
O - Public Works
P - Non-Departmental
Q - Appendix A
R - Appendix B
SECOND READING OF ORDINANCES - None
PUBLIC HEARINGS - None
ORAL COMMUNICATIONS - CONTINUED (As necessary)
COUNCIL AND STAFF COMMENTS AND FUTURE AGENDA ITEMS
ADJOURNMENT
The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6; litigation
challenging a final decision of the City Council must be brought within 90 days after a decision is
announced unless a shorter time is required by State or Federal law.
Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must
file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the
City’s decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal
Code §2.08.096. Contact the City Clerk’s office for more information or go to
http://www.cupertino.org/cityclerk for a reconsideration petition form.
In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend this
meeting who is visually or hearing impaired or has any disability that needs special assistance should
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City Council Agenda May 17, 2022
call the City Clerk's Office at 408-777-3223, at least 48 hours in advance of the meeting to arrange for
assistance. In addition, upon request, in advance, by a person with a disability, meeting agendas and
writings distributed for the meeting that are public records will be made available in the appropriate
alternative format.
Any writings or documents provided to a majority of the Cupertino City Council after publication of
the packet will be made available for public inspection in the City Clerk’s Office located at City Hall,
10300 Torre Avenue, Cupertino, California 95014, during normal business hours; and in Council
packet archives linked from the agenda/minutes page on the Cupertino web site.
IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipal Code section
2.08.100 written communications sent to the Cupertino City Council, Commissioners or City staff
concerning a matter on the agenda are included as supplemental material to the agendized item. These
written communications are accessible to the public through the City’s website and kept in packet
archives. Do not include any personal or private information in written communications to the City
that you do not wish to make public, as written communications are considered public records and will
be made publicly available on the City website.
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