CC 07-07-2022 (Special Meeting)
APPROVED MINUTES
CUPERTINO CITY COUNCIL
Thursday, July 7, 2022
SPECIAL MEETING
At 5:00 p.m., Mayor Darcy Paul called the Special City Council Meeting to order via
teleconference.
ROLL CALL
Present: Mayor Darcy Paul, Vice Mayor Liang Chao, and Councilmembers Kitty Moore, Hung
Wei, and Jon Robert Willey. Absent: None. All Councilmembers attended via teleconference.
In open session before Council convened in closed session, the Mayor called for any members of
the public who were present to provide comment regarding any item on the agenda. The
following people spoke.
Neil Park-McClintick supported staff direction to give fair direction to labor negotiators.
Stanley Young, representing IFPTE Local 21 and speaking on behalf of Local 21 members who
are CEA, supported directing staff to negotiate a fair contract.
Gian Martire, representing Cupertino Employee’s Association (CEA), opposed the current
conditions of the negotiations.
Alex Corbalis, representing CEA, supported direction for a fair and reasonable wage increase.
Rodney Weathers supported the City looking at the proposals from the union in a fair way.
Kathy Tran, representing IFPTE Local 21, supported a fair contract negotiation.
Written Communications for this item included an email from J.R. Fruen supporting a fair and
reasonable contract.
Mayor Paul closed the session.
City Council Minutes July 7, 2022
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CLOSED SESSION
1. Subject: Conference with Labor Negotiators pursuant to Government Code § 54957.6
(Kristina Alfaro and Christopher Boucher)
Council conducted the Conference with Labor Negotiators pursuant to Government
Code § 54957.6 (Kristina Alfaro and Christopher Boucher).
Mayor Paul ended the closed session.
Mayor Paul conducted an open session report regarding closed session. Mayor Paul
reported that there was no reportable action.
Council recessed from 6:27 p.m. to 6:45 p.m.
OPEN SESSION
At 6:45 p.m., Mayor Darcy Paul reconvened the Special City Council Meeting in open session and
led the Pledge of Allegiance in the Cupertino Community Hall Council Chamber, 10350 Torre
Avenue and via teleconference.
ROLL CALL
Present: Mayor Darcy Paul, Vice Mayor Liang Chao, and Councilmember Kitty Moore. Absent:
None. Councilmembers Hung Wei and Jon Robert Willey attended via teleconference.
CEREMONIAL MATTERS AND PRESENTATIONS - None
POSTPONEMENTS AND ORDERS OF THE DAY - None
ORAL COMMUNICATIONS
Written Communications for this item included an email from Housing Commissioner Connie
Cunningham (representing self) regarding decorum at Planning Commission meetings.
Jennifer Griffin was concerned about loss of local zoning control and the future impacts of SB
9 and SB 10.
Rhoda Fry supported Planning Commissioner R Wang, retaining local control, and walkability
in Cupertino, and opposed delays in the Housing Element process.
City Council Minutes July 7, 2022
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REPORTS BY COUNCIL AND STAFF
2. 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.
3. Subject: Report on Committee assignments
Recommended Action: Report on Committee assignments
Councilmembers highlighted the activities of their various committees.
4. Subject: Report on Subcommittee assignments
Recommended Action: Report on Subcommittee assignments
Councilmembers reported on Subcommittee assignments.
5. Subject: City Manager update
Recommended Action: Receive City Manager update on City business
Council received the City Manager update on City business.
CONSENT CALENDAR (Items 6-12)
Wei moved and Willey seconded to approve the items on the Consent Calendar except for Item
12 which was pulled for discussion. Ayes: Paul, Chao, Moore, Wei, and Willey. Noes: None.
Abstain: None. Absent: None.
6. Subject: Consider approval of the June 21 City Council minutes
Recommended Action: Approve the June 21 City Council minutes
7. Subject: Consider approval of the June 24 City Council minutes
Recommended Action: Approve the June 24 City Council minutes
8. Subject: Consider approval of the June 26 City Council minutes
Recommended Action: Approve the June 26 City Council minutes
9. Subject: Consider adopting a resolution authorizing continued remote teleconference
meetings of the legislative bodies of the City of Cupertino for the period July 7, 2022
City Council Minutes July 7, 2022
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through August 6, 2022 pursuant to the Brown Act, as amended by AB 361
Recommended Action: Adopt Resolution No. 22-078 authorizing continued remote
teleconference meetings of the legislative bodies of the City of Cupertino for the period
July 7, 2022 through August 6, 2022 pursuant to the Brown Act, as amended by AB 361
10. Subject: Consider authorizing the City Manager, or Designee, to execute a one-year
agreement with Crowe LLP for auditor services for a total contract amount of $148,600
Recommended Action: 1. Authorize the City Manager, or Designee, to execute a one-year
agreement with Crowe LLP for auditor services for a total contract amount of $148,600
2. Adopt Resolution No. 22-079 approving Budget Modification #2223-219 increasing
appropriations in the General Fund (100-41-405) by $43,600
11. Subject: Consider authorization to execute a Design Professional Services Agreement
between the City of Cupertino and David L. Gates and Associates (Gates) for the
Memorial Park Specific Plan project.
Recommended Action: 1. Authorize the City Manager to execute a Design Professional
Services Agreement between the City and David L. Gates and Associates to provide
design services for the Memorial Park Specific Plan in the amount of $409,589.00
2. Authorize the Director of Public Works to execute any necessary services or change
orders, up to a contingency amount of $82,000.00 (approximately 20% of base services,)
for a total appropriation of $491,589.00; and
3. Adopt Resolution No. 22-080 to approve budget modification 2223-218 transferring
the existing project budget of $500,000 in appropriations from Park Dedication
Fund ( 280 - 99 - 255 ) to Capital Improvement Fund ( 420 - 99 - 255 ) and increasing
these appropriations in the Capital Improvement Fund (420-99-255) by $150,000 for
design services and additional work by other consultants, for a total of $650,000
for the Memorial Park Specific Plan project.
12. Subject: Consider conforming Mitigation Measure NOISE-1 for 22690 Stevens Creek
Boulevard (Alan Row) and 10625 S. Foothill Boulevard (Canyon Crossing Mixed-Use
Project) with noticing requirements in the Cupertino Municipal Code (CMC) Chapter
17.04.
Recommended Action: That the City Council adopt the following resolutions (Attachments
A & B):
1. Resolution No. 22-081 approving a modification to Mitigation Measure NOISE-1 for
22690 Stevens Creek Boulevard (Alan Row)
2. Resolution No. 22-082 approving a modification to Mitigation Measure NOISE-1 for
10625 S. Foothill Boulevard (Canyon Crossing Mixed-Use Project)
Written Communications for this item included a staff presentation.
City Council Minutes July 7, 2022
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Associate Planner Erika Poveda and Associate Planner Jeff Tsumura gave a presentation.
Mayor Paul opened the public comment period and the following people spoke.
Jennifer Griffin supported adequate noticing for planned construction activity and
telephone numbers for contractors.
Mayor Paul closed the public comment period.
Councilmembers asked questions and made comments.
Paul moved and Willey seconded to adopt:
1. Resolution No. 22-081 approving a modification to Mitigation Measure NOISE-1 for
22690 Stevens Creek Boulevard (Alan Row) with a condition amendment of 14 days’ notice
of planned construction activities to businesses and residents; and
2. Resolution No. 22-082 approving a modification to Mitigation Measure NOISE-1 for
10625 S. Foothill Boulevard (Canyon Crossing Mixed-Use Project) with a condition
amendment of 14 days’ notice of planned construction activities to businesses and
residents.
The motion carried unanimously.
STUDY SESSION
13. Subject: Consider an update on drought conditions and the City of Cupertino's ongoing
water conservation measures for City operations and provide input on potential further
water conservation measures.
Recommended Action: Staff recommends that the City Council take the following action:
1. Receive staff presentation on continued drought conditions; and
2. Provide input to staff on implemented water conservation restrictions for City operations.
Presenter, Jimmy Tan, Assistant Director of Public Works, Operations
Written Communications for this item included a staff presentation and emails to Council.
The following people gave a presentation.
• Jimmy Tan, Assistant Director of Public Works, City of Cupertino
• Neeta Bijoor, Senior Water Resources Specialist, Valley Water
• Anthony Meyer, Conservation Coordinator, CalWater
• Robert Seeley, Regional Community Affairs Specialist, CalWater
• Liann Walborsky, Director of Corporate Communications, San Jose Water
City Council Minutes July 7, 2022
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Mayor Paul opened the public comment period and, seeing no one, closed the public
comment period.
Councilmembers asked questions and made comments.
Council received the update on drought conditions and the City of Cupertino's ongoing
water conservation measures for City operations.
Individual Councilmembers supported the following:
• A toilet exchange program in lieu of the toilet rebate program
• Continued collaboration with water companies for rebate programs and
conservation programs
• Valley Water reservoir extension project and long-term infrastructure investments
• Conversions to support pollinators:
o Staff look into park areas not designated for sports fields and replant with native
species
o Encourage lawn conversions to native planting on private parcels
o Encourage commercial property owners to reduce turf in parkway strips and in
commercial areas
o Explore a municipal code amendment to address turf reduction and help
pollinators
• Encourage conversion ideas:
o Neighborhood program to adopt brown lawn areas and replant with native
species
o Grants for cities to convert to drought tolerant gardens
o Bring recycled water to Blackberry Farm Golf Course and other parts of the City
Council recessed from 9:31 p.m. to 9:37 p.m.
SECOND READING OF ORDINANCES - None
PUBLIC HEARINGS - None
ORDINANCES AND ACTION ITEMS
14. Subject: Consider conducting a first reading of an ordinance amending Municipal Code
Chapter 2.84: Environmental Review Committee (continued from June 21)
Recommended Action: Conduct the first reading and approve the introduction of
Ordinance No. 22-2242: "An Ordinance of the City Council of the City of Cupertino
amending Municipal Code Chapter 2.84: Environmental Review Committee"
Presenter: Chris Jensen, City Attorney
City Council Minutes July 7, 2022
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Written Communications for this item included a staff presentation and an email to Council.
City Attorney Chris Jensen gave a presentation.
Mayor Paul opened the public comment period and the following people spoke.
Housing Commissioner Connie Cunningham (representing self) opposed the change to the
Environmental Review Committee (ERC) and supported all meetings being recorded on
video.
Jennifer Griffin was concerned about three members on the ERC and supported a
composition of four or five members.
J.R. Fruen opposed removing staff from the ERC and reconstituting the composition
entirely with elected officials and their appointees.
Mayor Paul closed the public comment period.
Councilmembers asked questions and made comments.
Council consented to table this item indefinitely.
15. Subject: Consideration of Municipal Code amendments to the Cupertino Municipal Code,
Title 2 to add Chapter 2.96 and codify the Economic Development Committee
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
Presenter: Tina Kapoor, Economic Development Manager
Written Communications for this item included a staff presentation.
Economic Development Manager Tina Kapoor gave a presentation.
Mayor Paul opened the public comment period and, seeing no one, closed the public
comment period.
Councilmembers asked questions and made comments.
City Council Minutes July 7, 2022
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City Clerk Kirsten Squarcia read the title 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"
Moore moved and Chao seconded to read Ordinance No. 22-2240, with Option B as the
selected composition option, by title only, and that the City Clerk’s reading constitutes the
first reading thereof.
Chao made a friendly amendment for [OPTION B] The Committee shall be comprised of:
(1) two Councilmembers; (2) one representative from each of the following industry
sectors - Technology, Retail, Hospitality, Education, and Commercial Real Estate; and (3)
one member who is currently serving on the sustainability Commission; and 4 one member
who is currently serving on the Technology, Information, and Communications
Commission. Industry representatives own a business or be currently employed at a
business organization located within the city of Cupertino. At least two industry sector
representative Committee Members shall be Cupertino residents. Moore declined the
friendly amendment, and it was not included in the motion.
Ayes: Moore, Wei, Willey, Chao, and Paul. Noes: None. Abstain: None. Absent: None.
16. Subject: Consider designating a voting delegate and up to two alternates to vote at the
Annual Business Meeting (General Assembly) during the League of California Cities
Annual Conference & Expo, September 7-9, 2022
Recommended Action: Designate a voting delegate and up to two alternates to vote
at the Annual Business Meeting (General Assembly) during the League of California
Cities Annual Conference & Expo, September 7-9, 2022
Presenter: Kirsten Squarcia, City Clerk
Moore moved and Wei seconded to designate Mayor Paul as the voting delegate and Vice
Mayor Chao as alternate to vote at the Annual Business Meeting (General Assembly)
during the League of California Cities Annual Conference & Expo, September 7-9, 2022.
The motion carried unanimously.
ORAL COMMUNICATIONS - CONTINUED (As necessary) - None
COUNCIL AND STAFF COMMENTS AND FUTURE AGENDA ITEMS
Councilmembers requested future agenda items based on earlier discussions and the City
Work Program and consented to allow the Mayor to review all requests with the City
Manager and City Attorney to discuss prioritization.
City Council Minutes July 7, 2022
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The following future meeting items were also added.
• study session on Code Enforcement processes (Wei and Willey)
• selection of Councilmembers for City Hall Project Subcommittee (Chao and Paul)
ADJOURNMENT
At 11:17 p.m., Mayor Paul adjourned the Special City Council Meeting.
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Kirsten Squarcia City Clerk