CC 05-19-22 (Special Meeting)
APPROVED MINUTES
CUPERTINO CITY COUNCIL
Thursday, May 19, 2022
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. Absent: None. All Councilmembers teleconferenced for the meeting.
POSTPONEMENTS AND ORDERS OF THE DAY
Wei moved and Willey seconded to continue Item 16 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 to the City Council Meeting on June 7, 2022. The motion carried unanimously.
CONSENT CALENDAR (Items 1-14)
Willey moved and Wei seconded to approve the items on the Consent Calendar as presented
except for Items 10 and 14 which were pulled for discussion. Ayes: Paul, Chao, Moore, Wei, and
Willey. Noes: None. Abstain: None. Absent: None.
1. Subject: Approve the April 26 City Council minutes (Continued from May 17, 2022)
Recommended Action: Approve the April 26 City Council minutes
2. Subject: Approve the April 28 City Council minutes (Continued from May 17, 2022)
Recommended Action: Approve the April 28 City Council minutes
3. Subject: Approve the May 2 City Council minutes (Continued from May 17, 2022)
Recommended Action: Approve the May 2 City Council minutes
City Council Minutes May 19, 2022
Page 2
4. Subject: Approve the May 3 City Council minutes (Continued from May 17, 2022)
Recommended Action: Approve the May 3 City Council minutes
5. 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 (Continued from May 17, 2022)
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
6. Subject: Set a voluntary campaign expenditure limit of $34,470 for the November 8,
2022 City Council election (Continued from May 17, 2022)
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
7. 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 (Continued
from May 17, 2022)
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
8. Subject: Consider the FY 2020-21 Annual Comprehensive Financial Report (ACFR) and
related supplemental reports (Continued from May 17, 2022)
Recommended Action: Accept the FY 2020-21 Annual Comprehensive Financial Report
(ACFR) and related supplemental reports
9. Subject: Consider accepting the City Investment Policy (Continued from May 17, 2022)
Recommended Action: Adopt Resolution No. 22-058 accepting the City Investment
Policy
10. Subject: Consider accepting the Third Quarter Financial Report for Fiscal Year 2021-22;
consider adopting Resolution 22-059 approving Budget Modification #2122-198
increasing appropriations by $529,935 and revenues by $9,448,487 (Continued from 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
City Council Minutes May 19, 2022
Page 3
Senior Management Analyst Thomas Leung 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.
Moore moved and Chao seconded to:
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
The motion carried unanimously.
11. Subject: Consider the 2022 Annual Pavement Report (Continued from May 17, 2022)
Recommended Action: Receive the 2022 Annual Pavement Report
12. 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 (Continued from May 17,
2022)
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
13. 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 (Continued from May 17, 2022)
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
14. 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 (Continued from May 17, 2022)
Recommended Action: Consider approving the Seventh Amendment of Agreement 15-
City Council Minutes May 19, 2022
Page 4
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
Mayor Paul opened the public comment period and, seeing no one, closed the public
comment period.
Councilmembers asked questions and made comments.
Chao moved and Moore seconded to:
• Approve the staff recommendation to 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
• Bring it back as an informational item on June 7th:
o With all versions of the contracts for transparency
o Direct the staff report to include information on policy compliance, with links to
corresponding policies and provide justifications on why the 6-month extension is
needed before going out for a Request for Proposal (RFP)
The motion carried unanimously.
Council recessed between 6:46 p.m. and 6:52 p.m.
STUDY SESSION – CONTINUED FROM REGULAR MEETING ON MAY 17, 2022
Council continued the hearing, consideration, deliberation, and decisions for Item 41 (Study
Session) on the Tuesday, May 17, 2022 City Council Regular Meeting agenda. The public
comment period remained closed.
15. Subject: Initial Study Session on Fiscal Year (FY) 2022-23 Proposed Budget (Continued
from May 17, 2022)
Recommended Action: Conduct Initial Study Session on Fiscal Year (FY) 2022-23
Proposed Budget and provide direction to staff
Councilmembers asked questions and made comments.
Chao moved and Moore seconded to direct staff to consider adding a legislative aide or
government affairs position to support the City Council; and add a Deputy City Manager
position specialized in planning outreach (to both the community and the developer and
property owner community) to make strategic progress on important issues.
Moore made a friendly amendment to remove the Fixed Assets acquisition Budget Unit
City Council Minutes May 19, 2022
Page 5
630-90-985 Vehicles and Budget Unit 100-12-705 Special Project Fuse Fellow or Limited
Term Analyst and return them as an appropriation request at a later date. (Chao accepted
the friendly amendment).
Final motion:
Chao amended her motion to direct staff to:
- Add a full-time legislative aide/government relations position to support the City
Council
- Add a full-time assistant deputy city manager position to oversee strategic planning
and outreach, especially in legislative issues and advocacy, to oversee outreach to the
communities (both residents, developers and property owners), and to oversee
engagement with affordable housing developers on various ways to deliver low-
income and middle-income housing
- Remove Budget Units and bring them back as budget amendment:
o remove Budget Unit 630-90-985 Fixed Assets
o Budget Unit 100-12-705 Special Project Fuse Fellow (or the Limited Term
Analyst)
(Moore accepted the friendly amendment).
The amended motion carried with Wei voting no.
Council recessed from 9:20 p.m. to 9:26 p.m.
STUDY SESSION
16. Subject: 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 (Continued from
May 17, 2022)
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
Presenter: Rachelle Sander, Assistant Director of Parks and Recreation
As noted under Postponements and Orders of the Day, this item was continued to the
City Council Meeting on June 7, 2022.
PUBLIC HEARINGS
17. Subject: Consider the Fiscal Year (FY) 2022-23 Fee Schedule Update (Continued from
City Council Minutes May 19, 2022
Page 6
May 17, 2022)
Recommended Action: Adopt Resolution No. 22-049 approving FY 2022-23 Fee
Schedules A, B, C, D and E effective July 18, 2022
Presenter: Thomas Leung, Senior Management Analyst
Written Communications for this item included a staff presentation.
Senior Management Analyst Thomas Leung 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.
Moore moved and Chao seconded to adopt Resolution No. 22-049 approving the Fiscal
Year (FY) 2022-23 Fee Schedules A, B, C, D, and E effective July 18, 2022, with a
specification that “nonprofit” means “501c”, and the frequency of the fee study be
changed to over five years in the future.
Chao made a friendly amendment that the study in the next fee schedule includes the
different categories of cell towers to capture different efforts and different locations
(Moore accepted the friendly amendment).
The amended motion carried unanimously.
Final motion:
Moore moved and Chao seconded to adopt Resolution No. 22-049 approving the Fiscal
Year (FY) 2022-23 Fee Schedules A, B, C, D, and E effective July 18, 2022 as amended:
• with a specification that “nonprofit” means “501c”;
• the frequency of the fee study be changed to over five years in the future;
• the study in the next fee schedule will include the different categories of cell towers
to capture different efforts and different locations
The amended motion carried unanimously.
ORDINANCES AND ACTION ITEMS
18. 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 17, 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"
City Council Minutes May 19, 2022
Page 7
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.
Moore moved and Wei seconded to direct staff to come back with a modified ordinance
with a membership of two Councilmembers, one technology representative, one retail
representative, one hospitality representative, one Technology, Information, and
Communication Commission (TICC) member, one Sustainability Commission member,
one real estate representative, and one education representative (9 total members).
Chao made a substitute motion to direct the staff to bring the ordinance back with the
following modifications to the membership requirement:
• Two Councilmembers
• Two Commissioners: Sustainability and TICC
• Two Cupertino residents with business experience
• Three representatives of Cupertino businesses - with priorities in
Retail/Restaurant, Technology and Hospitality
There was no second and the substitute motion was not considered.
Paul made a friendly amendment to have staggered terms of five 2-year terms and four 4-
year terms initially, and then five 4-year terms; and four 2-year terms initially, and then
four 4-year terms. (Moore and Wei accepted the friendly amendment).
Moore amended the motion to add optional language that a majority of members must be
Cupertino residents. (Wei accepted the friendly amendment).
Final motion:
Moore moved and Wei seconded to direct staff to come back with a modified ordinance:
• Membership (9 total members): two Councilmembers, one Technology, Information,
and Communication Commission (TICC) member, one Sustainability Commission
member, one technology representative, one retail representative, one hospitality
representative, one commercial real estate representative, and one education
representative (including local community college. nonpublic schools, after-schools,
anyone offering educational services)
City Council Minutes May 19, 2022
Page 8
• Staggered Terms of Office: appointment of five members to 2-year terms and four
members to 4-year terms for the first cycle, and then five members to 4-year terms; and
four members to 2-year terms for the first cycle, and then four members to 4-year terms
• Include optional ordinance language that a majority of members must be Cupertino
residents
The amended motion carried unanimously.
ADJOURNMENT
At 10:58 p.m., Mayor Paul adjourned the Special City Council Meeting.
Kirsten Squarcia City Clerk