CC 10-10-2023 (Special)
APPROVED MINUTES
CUPERTINO CITY COUNCIL
Tuesday, October 10, 2023
SPECIAL MEETING
At 6:45 p.m., Mayor Wei called the Special City Council Meeting to order and led the Pledge of
Allegiance in the Cupertino Community Hall Council Chamber, 10350 Torre Avenue and via
teleconference.
ROLL CALL
Present: Mayor Hung Wei, Vice Mayor Sheila Mohan, and Councilmembers Liang Chao (6:57
p.m.), J.R. Fruen, and Kitty Moore. Absent: none.
CLOSED SESSION REPORT - None
CEREMONIAL ITEMS
1. Subject: Recognition of October as Hindu Heritage and Awareness Month
Recommended Action: Recognize October as Hindu Heritage and Awareness Month
Mayor Wei recognized October as Hindu Heritage and Awareness Month.
2. Subject: Recognition of 2nd week of October as Code Enforcement Officer Week
Recommended Action: Recognize 2nd week of October as Code Enforcement Officer
Week
Mayor Wei recognized the 2nd week of October as Code Enforcement Officer Week.
3. Subject: 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
City Council Minutes October 10, 2023
Page 2
Don Bray, SVCE Director of Strategic Development, gave a presentation and introduced
awardee Amit Butala.
Council received the presentation for the SVCE Electric Showcase Award honoring a
Cupertino resident winner.
POSTPONEMENTS AND ORDERS OF THE DAY - None
ORAL COMMUNICATIONS
Dennis Whitaker (representing De Anza Optimists Club and American Legion Post 642)
discussed Optimists Club and veteran events. (Submitted written comments).
At 6:57 p.m., Councilmember Chao joined the meeting.
David Han (representing American Legion Post 642) discussed Wreaths Across America for
veterans.
Cathy Helgerson discussed homelessness and immigration and the Israel–Hamas war.
Jean Bedord discussed recorded commission meetings.
Planning Commissioner Muni Madhdhipatla (representing self) discussed Senate Bill 403 and
the Israel–Hamas war.
Keith Kreft discussed Blackberry Farm Golf Course rates. (Submitted written comments).
Rich Parker discussed the future of Blackberry Farm Golf Course.
Emily Poon (Friends of Blackberry Farm Golf) discussed the future of Blackberry Farm Golf
Course. (Submitted written comments).
Rhoda Fry discussed Blackberry Farm Golf Course, Council procedures, recorded commission
meetings, committees, and the Chamber of Commerce. (Submitted written comments).
Jenny discussed various cultural topics and a Code Enforcement matter.
San R discussed recorded commission meetings, Blackberry Farm Golf Course, Sports Center,
and Teen Center.
CONSENT CALENDAR (Items 4-10)
City Council Minutes October 10, 2023
Page 3
Mayor Wei opened the public comment period and the following people spoke.
Cathy Helgerson provided comments on Item 6.
Mayor Wei closed the public comment period.
MOTION: Fruen moved and Mohan seconded to approve the items on the Consent Calendar,
except for Items 5, 9, and 10 which were pulled for discussion. The motion carried with the
following vote: Ayes: Wei, Mohan, Chao, Fruen, and Moore. Noes: None. Abstain: None. Absent:
None.
MOTION: Fruen moved and Mohan seconded to move Item 10 Stevens Creek
Boulevard/Calabazas Creek Storm Drain Repair before the Action Calendar. The motion carried
with the following vote: Ayes: Wei, Mohan, Chao, Fruen, and Moore. Noes: None. Abstain: None.
Absent: None.
Items 5 and 9 were placed after the Action Calendar for consideration.
4. Subject: Approval of the September 19 City Council minutes
Recommended Action: Approve the September 19 City Council minutes
Written communications for this item included an Amended Attachment A - Draft
Minutes, Page 8.
6. Subject: Community Development Block Grant (CDBG) Program funding allocation
for the Senior Center Fire Alarm Upgrade Project
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
7. Subject: First amendment to the Agreement Creating the Santa Clara County Recycling
and Waste Reduction Technical Advisory Committee (TAC) to allow members to
participate in TAC meetings using teleconference technology pursuant to Brown Act
provisions.
Recommended Action: Authorize the City Manager to execute the first amendment to
the Agreement Creating the Santa Clara County Recycling and Waste Reduction TAC to
City Council Minutes October 10, 2023
Page 4
allow members to participate in TAC meetings using teleconference technology pursuant
to Brown Act provisions.
8. Subject: Updated Resolution Authorizing the City of Cupertino to Apply for CalRecycle
Payment Programs.
Recommended Action: Adopt Resolution No. 23-104, authorizing submittal of
applications for CalRecycle's Payment Programs using an updated resolution as required
by CalRecycle.
PUBLIC HEARINGS - None
ITEMS REMOVED FROM THE CONSENT CALENDAR
As moved during the Consent Calendar, the following item was pulled from the Consent
Calendar and placed before the Action Calendar for discussion.
10. Subject: 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 approving budget modification #2324-306, approving a
transfer out appropriation of $580,000 from the Capital Reserve Fund (429), a transfer in
revenue and increased appropriations of $460,000 to the project (budget unit 420-99-266),
for a total authorized 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
Written communications for this item included a supplemental report with staff responses
to councilmember questions and new Attachment D - Corrected Staff Report.
CIP Manager Susan Michael and Director of Public Works Chad Mosley reviewed the staff
report.
Councilmembers asked questions and made comments.
Mayor Wei opened the public comment period and the following people spoke.
Cathy Helgerson
City Council Minutes October 10, 2023
Page 5
Rhoda Fry
San R
Louis Saadati
Mayor Wei closed the public comment period.
MOTION: Chao moved and Fruen seconded to:
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 approving budget modification #2324-306, approving a
transfer out appropriation of $460,000 from the Capital Reserve Fund (429), a transfer
in revenue and increased appropriations of $460,000 to the project (budget unit
420-99-266), for a total authorized 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.
The motion carried with the following vote: Ayes: Wei, Mohan, Chao, Fruen, and Moore.
Noes: None. Abstain: None. Absent: None.
At 7:58 p.m., Mayor Wei recessed the meeting. The meeting reconvened at 8:04 p.m. with
all Councilmembers present.
ACTION CALENDAR
11. Subject: Establish a General Fund Sales Tax Repayment Reserve
Recommended Action: A. Approve an amendment to the City’s Committed,
Unassigned Fund Balance, and Use of One Time Funds 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: Kristina Alfaro, Director of Administrative Services
Written communications for this item included a staff presentation, a supplemental report
with staff responses to councilmember questions and written comments from
Councilmembers.
Director of Administrative Services Kristina Alfaro gave a presentation.
City Council Minutes October 10, 2023
Page 6
Councilmembers asked questions and made comments.
Mayor Wei opened the public comment period and the following people spoke.
Cathy Helgerson
Rhoda Fry
San R
Mayor Wei closed the public comment period.
MOTION: Fruen moved and Chao seconded to:
A. Approve an amendment to the City’s Committed, Unassigned Fund Balance, and Use
of One Time Funds 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; and
iv. Decrease the General Fund Economic Uncertainty Reserve by $6.0 million.
The motion carried with the following vote: Ayes: Wei, Mohan, Chao, and Fruen. Noes:
None. Abstain: Moore. Absent: None.
ITEMS REMOVED FROM THE CONSENT CALENDAR - CONTINUED
The following items were pulled from the Consent Calendar and placed after the Action
Calendar for discussion.
5. Subject: Updates to the Policies and Guidelines on Sister Cities, Friendship Cities, and
International Delegations
Recommended Action: Adopt the updated 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
Written communications for this item included a supplemental report with staff responses
to councilmember questions, new Attachments D - Updated Redline: Policies and
Guidelines on Sister Cities, Friendship Cities, and International Delegations, E - Updated
Clean: Policies and Guidelines on Sister Cities, Friendship Cities, and International
Delegations, F - Sister and Friendship City Policies and Protocols From Other Cities, and
G - Sister City Program Cost Fee Waivers, and written comments from Councilmembers.
City Council Minutes October 10, 2023
Page 7
This item was pulled from the Consent Calendar for discussion.
City Manager Pamela Wu reviewed the staff report and Deputy City Manager Tina
Kapoor answered questions.
Councilmembers asked questions and made comments.
Mayor Wei opened the public comment period and the following people spoke.
Helene Davis, representing Cupertino-Copertino Sister City Association
Alysa Sakkas, representing Cupertino Toyokawa Sister Cities (CTSC) organization
Janice Sung, representing Cupertino-Hsinchu Sister City Association (CHSCA)
Rhoda Fry
San R
Mayor Wei closed the public comment period.
SUBSTITUTE MOTION: Chao moved and Moore seconded to adopt the staff
recommendation to adopt the updated 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, with the following additions:
• Retain the minimum of five student delegations with Council approval to consider
lower numbers as needed;
• Clarify “non-City supported Sister City Committee”;
• add a “not to exceed amount of $500 per year per committee;
• The termination of sister and friendship city committees would continue to come to
the Council agenda as Consent items;
• When the city considers fee increases, bring all the fee waivers and community grant
funding for the same city resources to be considered together so we are equitable and
inclusive to all organizations.
The substitute motion failed with the following vote: Ayes: Chao and Moore. Noes: Wei,
Mohan, and Fruen. Abstain: None. Absent: None.
MOTION: Fruen moved and Wei seconded the staff recommendation to adopt the
updated 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, with the addition to
direct the City Manager to amend the proposed policy to include a definition of an
“inactive sister city committee” within the meaning of the proposed termination policy,
City Council Minutes October 10, 2023
Page 8
in coordination with the four Sister City Committees.
FRIENDLY AMENDMENT: Wei made a friendly amendment to:
1) Instead of being 5 to 9, the number of students for student delegations will be 4 to 9
throughout the policy. The City Council will consider funding for student delegations
less than four students on a case by case basis.
2) Amend the Travel Expenses section as follows:
• The City will pay for 50% of one trip per year, per for the Mayor or their designee
member, provided the trip is in conjunction with an official delegation.
• All other Council or City staff travel for Sister City programs must shall be funded
by Sister City Committee fundraising activities, when feasible, or by the individual
traveling councilmember or staff member, unless authorized in advance by the City
Council.
• The City will budget for one Sister City delegation trip per year. The number of
current Sister City relationships will determine the rotating frequency of delegate
visits (e.g. visits to each Sister City will occur every three years when three current
Sister City relationships exist, every ten years when ten relationships exist, etc.)
Travel expenses for Sister City visits occurring outside this annual rotating
schedule will be the sole responsibility of the persons traveling.
(Fruen accepted Wei’s friendly amendment).
FRIENDLY AMENDMENT: Chao made a friendly amendment to clarify “non-City
supported Sister City Committee.” (Fruen and Wei accepted Chao’s friendly amendment).
FRIENDLY AMENDMENT: Chao made a second friendly amendment to add a “not to
exceed amount of $500 per year per committee.” (Wei declined Chao’s second friendly
amendment and it was not included in the motion).
FRIENDLY AMENDMENT: Chao made a third friendly amendment: When the City
considers fee increases, bring all fee waivers and community grant funding for the same
City resources to be considered together so we are equitable and inclusive to all
organizations. (Fruen declined Chao’s third friendly amendment and it was not included
in the motion).
The amended motion carried with the following vote: Ayes: Wei, Mohan, and Fruen.
Noes: Chao and Moore. Abstain: None. Absent: None.
9. Subject: 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.
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;
City Council Minutes October 10, 2023
Page 9
3. Authorize the Director of Public Works to execute 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 $948,552 from the Capital Improvement Fund (budget unit 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) 1
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.
Written communications for this item included a supplemental report with staff responses
to councilmember questions and new Attachment C - Plan View.
This item was pulled from the Consent Calendar for discussion.
Councilmembers asked questions and made comments.
Mayor Wei opened the public comment period and the following people spoke.
Helene Davis
Rhoda Fry
Larry Dean
Henry Widjaja
Planning Commissioner Seema Lindskog (representing self)
Parks and Recreation Commissioner Jennifer Shearin (representing self)
Bicycle Pedestrian Commissioner Joel Wolf (representing self)
San R
Mayor Wei closed the public comment period.
MOTION: Chao moved and Mohan seconded the staff recommendation to:
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 execute 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 $948,552 from the Capital Improvement Fund (budget unit 420-99-036 900-
905, ST 047) to the Transportation Fund (budget unit 270-99-269 900-905) and
City Council Minutes October 10, 2023
Page 10
approving a transfer of $975,000 within the Transportation Fund from Senate Bill (SB)
1 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.
The motion carried with the following vote: Ayes: Wei, Mohan, Chao, Fruen, and Moore.
Noes: None. Abstain: None. Absent: None.
COUNCIL REPORTS AND COMMENTS
12. Subject: Councilmember Reports
Councilmembers reported on their various committees and activities as provided in the
published agenda.
CITY MANAGER REPORT
City Manager Pamela Wu shared a video showing photos of recent events for summer camps and
the Summer Concert Series.
ORAL COMMUNICATIONS – CONTINUED – None
INFORMATIONAL ITEMS – None
COUNCIL AND STAFF COMMENTS AND FUTURE AGENDA ITEMS
Chao and Mohan requested information regarding hybrid options for commission meetings.
ADJOURNMENT
At 10:20 p.m., Mayor Wei adjourned the Special City Council Meeting.
Minutes prepared by:
__
Kirsten Squarcia, City Clerk