APPROVED MINUTES
CUPERTINO CITY COUNCIL
Wednesday, September 4, 2024
SPECIAL MEETING
At 5:00 p.m., Mayor Sheila Mohan called the Special City Council Meeting to order in the City Hall Conference Room C, 10300 Torre Avenue.
ROLL CALL
Present: Mayor Sheila Mohan, Vice Mayor J.R. Fruen, and Councilmembers Liang Chao and Kitty Moore. Absent: Councilmember Hung Wei.
CLOSED SESSION
In open session prior to closed session, Mayor Mohan opened the public comment period regarding the items on the agenda. The following members of the public requested to speak.
Peggy Griffin
Lisa Warren
Mayor Mohan closed the public comment period.
1. Subject: Public Employee Performance Evaluation (Gov. Code § 54957(b)(1)); Title: City Manager
Written communications for this item included emails to Council.
Council conducted the closed session regarding Public Employee Performance Evaluation for the City Manager.
2. Subject: Conference with Legal Counsel - Existing Litigation pursuant to Government Code § 54956.9: National Opioids Settlement (Kroger Co.)
Council met with Legal Counsel regarding the existing litigation: National Opioids
City Council Minutes September 4, 2024
Settlement (Kroger Co.).
At 5:51 p.m., Mayor Mohan recessed the Special City Council Meeting.
OPEN SESSION
At 6:47 p.m., Mayor Sheila Mohan reconvened the Special City Council Meeting and led the Pledge of Allegiance in the Cupertino Community Hall Council Chamber, 10350 Torre Avenue and via teleconference.
ROLL CALL
Present: Mayor Sheila Mohan, Vice Mayor J.R. Fruen, and Councilmembers Liang Chao and Kitty Moore. Absent: Councilmember Hung Wei.
CLOSED SESSION REPORT
City Attorney Chris Jensen conducted the open session report regarding the closed session held at 5:00 p.m. City Attorney Jensen reported that Council authorized (by a 4-0 vote) that the City enter into the nationwide opioid settlement with Kroger Company and authorized the City Attorney to execute the settlement participation form in that settlement.
CEREMONIAL ITEMS
3. Subject: Recognition of September as National Preparedness Month
Recommended Action: Recognize September as National Preparedness Month
Mayor Mohan recognized September as National Preparedness Month.
4. Subject: Recognition of National Hispanic Heritage Month (September 15- October 15)
Recommended Action: Recognize National Hispanic Heritage Month (September 15- October 15)
Mayor Mohan recognized National Hispanic Heritage Month, observed annually from September 15th to October 15th.
PRESENTATIONS
5. Subject: Annual Report of the Audit Committee
Recommended Action: Receive report of annual activities of the Audit Committee
City Council Minutes September 4, 2024
Written communications for this item included a presentation.
Council received the report of annual activities of the Audit Committee.
Chao and Moore added a future agenda item to discuss the City Investment Policy and Treasurer’s Report with the Audit Committee.
6. Subject: Annual Report of the Bicycle Pedestrian Commission
Recommended Action: Receive report of annual activities of the Bicycle Pedestrian Commission
Written communications for this item included a presentation.
Council received the report of annual activities of the Bicycle Pedestrian Commission.
POSTPONEMENTS AND ORDERS OF THE DAY – None
ORAL COMMUNICATIONS
Written communications for this item included emails to Council.
The following members of the public spoke:
Rhoda Fry discussed the BMR (Below Market Rate) Fund, City Investment Policy, Housing Element, and Builder’s Remedy Projects.
R Wang discussed the proposed developments in the Linda Vista and Scofield neighborhoods.
Lisa Warren discussed city councilmember voting.
Parks and Recreation Commissioner Jennifer Shearin (representing self) discussed the De Anza Blvd Buffered Bike Lanes Project.
Planning Commissioner Seema Lindskog, representing Walk Bike Cupertino, discussed the De Anza Blvd Buffered Bike Lanes Project.
Cate Crockett discussed the De Anza Blvd Buffered Bike Lanes Project.
Dan Marshall discussed a proposed development on Evulich Court.
Helena Cohen discussed a proposed development on Linda Vista Drive.
Veronica Lentfer discussed proposed development projects in the Linda Vista Drive area.
Siuki Chan discussed a proposed development on Linda Vista Drive.
Nhung Khuu discussed a proposed development on Linda Vista Drive.
Manuel Valerio, representing Cupertino Historical Society, discussed the Cupertino Historical City Council Minutes September 4, 2024
Society organization.
W. Ishak discussed the proposed Vista Heights Project.
Peter Friedland discussed the proposed Vista Heights Project.
Randy Ong discussed a proposed development project in the Linda Vista Drive area.
David Ritchie discussed a proposed development project in the Linda Vista Drive area.
Paul, representing United Sovereign Americans USA, discussed elections. (Submitted written comments).
Laurie Mathews, representing United Sovereign Americans USA, discussed elections. (Submitted written comments).
Brian Bertacini, representing United Sovereign Americans USA, discussed elections. (Submitted written comments).
Eric Matthews, representing United Sovereign Americans USA, discussed elections. (Submitted written comments).
Sherman Wang discussed the De Anza Blvd Buffered Bike Lanes Project.
Jean Bedord discussed the Housing Element and Scofield Drive SB330 Preliminary Application pursuant to Builder’s Remedy Informational Memo.
Hema Kundargi ceded time to Jean Bedord.
Janet Riddell ceded time to Jean Bedord.
Debra Timmers ceded time to Jean Bedord.
Donna Austin ceded time to Jean Bedord.
Parks and Recreation Commissioner Claudio Bono (representing self) ceded time to Jean Bedord.
Louise Fishler ceded time to Jean Bedord.
Bicycle Pedestrian Commissioner Herve Marcy (representing self) discussed the De Anza Blvd Buffered Bike Lanes Project.
Ishan Khosla discussed the De Anza Blvd Buffered Bike Lanes Project.
Sujai Majela discussed a proposed development project in the Linda Vista Drive area.
Bicycle Pedestrian Commissioner Joel Wolf (representing self) discussed Builder’s Remedy Projects and the Housing Element.
Ying Sosic discussed the proposed development projects in the Linda Vista Drive area.
Robert Hogin discussed the proposed development projects in the Linda Vista Drive area.
Planning Commissioner Steven Scharf (representing self) discussed Builder’s Remedy Projects and the Housing Element.
City Council Minutes September 4, 2024
Janaka Ranatunga discussed a fire at Lawrence Mitty Park and homeless encampments.
Yue Lim discussed a proposed development project on Linda Vista Drive.
Harry Neil discussed the De Anza Blvd Buffered Bike Lanes Project and a proposed project on Linda Vista.
Aaryan Doshi discussed the De Anza Blvd Buffered Bike Lanes Project.
Chris discussed the De Anza Blvd Buffered Bike Lanes Project.
Ahmad Yazdi discussed the proposed development projects in the Linda Vista Drive area.
San R discussed the De Anza Blvd Buffered Bike Lanes Project and a proposed development project on Evulich Court.
Tracy K discussed the De Anza Blvd Buffered Bike Lanes Project and proposed developments on Linda Vista and Scofield.
Parks and Recreation Commissioner Seema Swamy (representing self) discussed the De Anza Blvd Buffered Bike Lanes Project.
Gauri Chawla discussed the Housing Element.
Caller 3524 discussed the De Anza Blvd Buffered Bike Lanes Project.
XY Yang discussed the Housing Element and De Anza Blvd Buffered Bike Lanes Project.
Babu Srinivasan discussed the De Anza Blvd Buffered Bike Lanes Project.
Louise Saadati discussed the Housing Element.
Chao request ed an info rmational memo on the current notification method for general plan amendments and zoning ordinances for parcels, preliminary applications, and project proposals.
Chao and Moore added a future agenda item to consider increasing radius notifications from 300 feet to 500 feet and adding notification s to affected neighborhoods for general plan amendments and rezoning ordinances.
Chao and Moore added a future agenda item for a presentation by the Cupertino Historical Society with questions from Council allowed.
At 8:47 p.m., Mayor Mohan recessed the meeting. The meeting reconvened at 8:58 p.m. with all Councilmembers present (Wei absent).
CONSENT CALENDAR (Items 7-13)
Item 10 was removed from the Consent Calendar by Councilmember Moore and Item 13 was removed by Councilmember Chao.
City Council Minutes September 4, 2024
Mayor Mohan opened the public comment period and, seeing no one, closed the public comment period.
MOTION: Fruen moved and Moore seconded to approve the items on the Consent Calendar except as indicated. The motion carried with the following vote: Ayes: Mohan, Fruen, Chao, and Moore. Noes: None. Abstain: None. Absent: Wei.
Items 10 and 13 were placed after the Action Calendar for consideration per rule.
7. Subject: Approve the July 16, 2024 City Council minutes
Recommended Action: Approve the July 16, 2024 City Council minutes
8. Subject: Approve the July 22, 2024 City Council minutes Recommended Action: Approve the July 22, 2024 City Council minutes
9. Subject: Ratifying Accounts Payable for the periods ending July 5, 2024; July 12, 2024; July 19, 2024; and July 26, 2024
Recommended Action: A. Adopt Resolution No. 24-079 ratifying Accounts Payable for the Period ending July 5, 2024;
B. Adopt Resolution No. 24-080 ratifying Accounts Payable for the Period ending July 12, 2024;
C. Adopt Resolution No. 24-081 ratifying Accounts Payable for the Period ending July 19, 2024; and
D. Adopt Resolution No. 24-082 ratifying Accounts Payable for the Period ending July 26, 2024
11. Subject: Designation of voting delegate and an alternate to vote at the Annual Business Meeting (General Assembly) during the League of California Cities Annual Conference and Expo, October 16-18, 2024
Recommended Action: Designate the Mayor as voting delegate and the Vice Mayor as the alternate to vote at the Annual Business Meeting (General Assembly) during the League of California Cities Annual Conference and Expo, October 16-18, 2024
12. Subject: Approve an agreement with Sweeping Corp of America (SCA) for street sweeping services of City of Cupertino's residential, commercial, and bicycle lanes in the amount not to exceed $2,215,705 and approve a budget modification in the amount of $41,090
Recommended Action: 1. Authorize the City Manager to award a five -year contract for Street Sweeping Services (Project No. 2024 -104) to Sweeping Corp of America at a baseline amount of $443,141 per year and in an amount not to exceed $2,215,705 City Council Minutes September 4, 2024
2. Adopt Resolution No. 24 -084 approving budget modification #2425 -353, of an appropriation increase of $20,545 in both the Resource Recovery Fund (520) for account 520-81-801 700-702 and $20,545 the Environmental Management/Clean Creek/Storm Drain Fund (230) to account 230-81-802 700-702
PUBLIC HEARINGS – None
ACTION CALENDAR
14. Subject: Review City Work Program funding to develop new ELI (Extremely Low Income) and BMR housing units for Developmentally Disabled individuals (IDD) on City-owned property along Mary Avenue (APN: 326-27-053)
Recommended Action : Receive presentation and authorize staff to utilize the entire remaining budgeted amount (up to $235,000) to evaluate the proposal received for the City-owned property on Mary Ave
Presenter: Gian Martire, Senior Planner
Written communications for this item included a staff presentation and a supplemental report with staff responses to councilmember questions.
Senior Planner Gian Martire gave a presentation.
Councilmembers asked questions and made comments.
Mayor Mohan opened the public comment period and the following people spoke.
Rhoda Fry
Jennifer Griffin
Jean Bedord
Peggy Griffin
Sandhana Siva
Mayor Mohan closed the public comment period.
Moore requested an info rmational memo on how much assistance developmentally disabled individuals receive.
MOTION: Fruen moved and Chao seconded to authorize staff to utilize the entire remaining budgeted amount (up to $235,000) to evaluate the proposal received for the City-owned property on Mary Ave.
City Council Minutes September 4, 2024
FRIENDLY AMENDMENT: Chao made a friendly amendment to amend the staff recommendation to add language that would ask the City Council to consider , at such time that this project may not move forward, using general fund revenues to reimburse the BMR funds that are being appropriated today. (Fruen declined the friendly amendment and it was not included in the motion).
The motion carried with the following vote: Ayes: Mohan, Fruen, Chao, and Moore. Noes:
None. Abstain: None. Absent: Wei.
ITEMS REMOVED FROM THE CONSENT CALENDAR
10. Subject: Amendments to the City of Cupertino Conflict of Interest Code for officials and designated employees per State law requirement on a biennial basis; 2024 Local Agency Biennial Notice
Recommended Action: a.) Adopt Resolution No. 24-083 rescinding Resolution No. 22-120 and amending the City of Cupertino Conflict of Interest Code for officials and designated employees; and
b.) Authorize the City Manager to sign the required 2024 Local Agency Biennial Notice
Councilmembers asked questions and made comments.
Mayor Mohan opened the public comment period and the following people spoke.
Peggy Griffin
Jennifer Griffin
San R
Babu Srinivasan
Tessa Parish
Mayor Mohan closed the public comment period.
MOTION: Fruen moved and Mohan seconded to approve the staff recommendation, and bring it back for a more fulsome policy discussion on how Council might streamline the current categories, if that's warranted , and what the impacts would be , in the second Regular Council meeting of November.
FRIENDLY AMENDMENT: Moore made a friendly amendment that the Council will review the disclosure categories as well as compare the Cit y’s list of designated positions/position titles with the City of Sunnyvale’s designated positions . (Fruen accepted the friendly amendment).
City Council Minutes September 4, 2024
The amended motion carried with the following vote: Ayes: Mohan, Fruen, Chao, and Moore. Noes: None. Abstain: None. Absent: Wei.
At 10:13 p.m., Mayor Mohan recessed the meeting. The meeting reconvened at 10:20 p.m. with all Councilmembers present (Wei absent).
13. Subject: Award of a construction contract for the 2024 Concrete Reconstruction Project to Duran Construction Group for removal and replacement of concrete curbs, gutters, sidewalks, and pedestrian ramps in the amount of $1,586,842 Recommended Action : 1. Award a construction contract for the 2024 Concrete Reconstruction Project (project number 2024 -103) in the amount of $1,586,842 to Duran Construction Group;
2. Authorize the City Manager to execute the construction contract when all conditions have been met; and
3. Authorize the Director of Public Works to execute any necessary change orders up to a construction contingency amount of $158,684 (10%) for a total contract amount of $1,745,526
Written communications for this item included a supplemental report with staff responses to councilmember questions, Attachment B - Concrete Reconstruction Location List, Attachment C - Bid Results, and emails to Council.
Councilmembers asked questions and made comments.
Mayor Mohan opened the public comment period and the following people spoke.
Rhoda Fry
Peggy Griffin
San R
MOTION: Fruen moved and Mohan seconded the Recommended Action to:
1. Award a construction contract for the 2024 Concrete Reconstruction Project (project number 2024-103) in the amount of $1,586,842 to Duran Construction Group;
2. Authorize the City Manager to execute the construction contract when all conditions have been met; and
3. Authorize the Director of Public Works to execute any necessary change orders up to a construction contingency amount of $158,684 (10%) for a total contract amount of $1,745, 526.
The motion carried with the following vote: Ayes: Mohan, Fruen, Chao, and Moore. Noes:
None. Abstain: None. Absent: Wei.
City Council Minutes September 4, 2024
CITY MANAGER REPORT
City Manager Pamela Wu shared a video of the Annual India Flag Raising Ceremony.
ORAL COMMUNICATIONS - CONTINUED – None
COUNCILMEMBER REPORTS
15. Subject: Councilmember Reports
Councilmembers reported on their various committees and events as provided in the published agenda.
FUTURE AGENDA ITEMS
As noted under Presentations and Oral Communications, Councilmembers added the following future agenda items.
• Discuss the City Investment Policy and Treasurers Report with the Audit Committee (Chao and Moore)
• Consider increasing radius notifications from 300 feet to 500 feet and adding notifications to affected neighborhoods for general plan amendments and rezoning ordinances ( Chao and Moore)
• Presentation by the Cupertino Historical Society with questions from Council (Chao and Moore)
ADJOURNMENT
At 10:37 p.m., Mayor Mohan adjourned the Special City Council Meeting.
Minutes prepared by:
Kirsten Squarcia, City Clerk