CC 11-21-2023
APPROVED MINUTES
CUPERTINO CITY COUNCIL
Tuesday, November 21, 2023
At 6:45 p.m., Mayor Wei called the Regular 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, J.R.
Fruen and Kitty Moore. Absent: none.
CLOSED SESSION REPORT
City Attorney Chris Jensen reported out on the November 20, 2023 closed session regarding one
item:
Subject: Conference with legal counsel - existing litigation pursuant to Government Code §
54956.9 (City of Cupertino v. California Department of Tax & Fee Administration)
City Attorney Jensen reported that there was no reportable action.
CEREMONIAL ITEMS
1. Subject: Recognition of November 25, 2023 as Small Business Saturday
Recommended Action: Recognize November 25, 2023 as Small Business Saturday
Mayor Wei recognized November 25, 2023 as Small Business Saturday.
POSTPONEMENTS AND ORDERS OF THE DAY - None
ORAL COMMUNICATIONS
Written communications for this item included emails to Council.
Rhoda Fry discussed City finances, the Cupertino Public Facilities Corporation, and the Annual
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Comprehensive Financial Report (submitted written comments).
Lisa Warren discussed the recent Council Governance Workshop, Council committee
assignments, and the public comment process.
Jane Huang discussed a Code Enforcement matter.
CONSENT CALENDAR (Items 2-10)
Mayor Wei opened the public comment period and, seeing no one, closed the public comment
period.
MOTION: Fruen moved and Mohan seconded to approve the items on the Consent Calendar
except for Item 2 which was pulled for discussion. The motion carried with the following vote:
Ayes: Wei, Mohan, Chao, Fruen, and Moore. Noes: None. Abstain: None. Absent: None.
MOTION: Wei moved and Fruen seconded to reorder the agenda to hear Item 2 Mitigation Fee
Act before the Action Calendar. The motion carried with the following vote: Ayes: Wei, Mohan,
Chao, and Fruen. Noes: Moore. Abstain: None. Absent: None.
3. Subject: First Amendment to Employment Agreement for the City Manager
Recommended Action: Adopt Resolution No. 23-120 approving the First Amendment
to Employment Agreement with the City Manager for the City of Cupertino and
authorize the Mayor to execute the Agreement.
4. Subject: Approval of the November 7 City Council minutes
Recommended Action: Approve the November 7 City Council minutes
5. Subject: Second reading of an ordinance to make minor amendments to Cupertino
Municipal Code Chapter 1.18 (Claims Against the City), Chapter 9.15 (Prohibition of
Expanded Polystyrene (EPS) Foam Food Service Ware), 9.18 (Stormwater Pollution
Prevention and Watershed Protection), Chapter 15.04 (Waterworks System-Rates and
Charges), and Chapter 16.72 (Recycling and Diversion of Construction and Demolition
Waste)
Recommended Action: Conduct the second reading and enact Ordinance No. 23-2252
“AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING CITY CODE CHAPTERS 1.18, 9.15, 9.18, 15.04, AND 16.72”.
6. Subject: Adopt a resolution increasing the employer's contribution for medical and
hospitalization insurance consistent with the Public Employees’ Medical and Hospital
Care Act (“PEMHCA” or the “Act”) for retired annuitants hired with the City of
Cupertino prior to August 2004.
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Recommended Action: Adopt Resolution No. 23-123 increasing the employer's
contribution for medical and hospitalization insurance for retired annuitants hired with
the City of Cupertino prior to August 2004.
7. Subject: Ratifying Accounts Payable for the periods ending October 6, 2023; October 13,
2023; October 20, 2023; and October 27, 2023
Recommended Action: A. Adopt Resolution No. 23-124 ratifying Accounts Payable for
the Period ending October 6, 2023;
B. Adopt Resolution No. 23-125 ratifying Accounts Payable for the Period ending
October 13, 2023;
C. Adopt Resolution No. 23-126 ratifying Accounts Payable for the Period ending
October 20, 2023; and
D. Adopt Resolution No. 23-127 ratifying Accounts Payable for the Period ending
October 27, 2023
8. Subject: Approve a Second Amendment with Acuity Brands, LLC, for continued use of
the BuildingOS Energy Management Platform.
Recommended Action: Authorize the City Manager to execute a Second Amendment
with Acuity Brands, LLC, for continued use of the BuildingOS Energy Management
Platform, increasing the contract amount by $45,500 for a new total not-to-exceed
contract amount of $227,500 and extending the term of the agreement to December 9,
2024.
9. Subject: Microsoft Enterprise Software Licensing Agreement with SoftwareONE, Inc.,
for licensing of Microsoft programs, systems, and databases.
Recommended Action: 1. Authorize the City Manager to execute a Microsoft
Enterprise Software Licensing Agreement with SoftwareONE, Inc., utilizing Riverside
County’s statewide competitively awarded Microsoft Enterprise Agreement for licensing
of Microsoft programs, systems, and databases for a total amount not to exceed
$342,729.23, including a 10% contingency in the amount $31,157.20.
2. Find under Municipal Code section 3.22.070(C) that this procurement from
Riverside County is exempt from formal competitive bidding procedures.
10. Subject: Approve master agreements with CSG Consultants, Inc. and 4Leaf, Inc., to
provide construction management services on various Capital Improvement Program
(CIP) projects.
Recommended Action: 1. Authorize the City Manager to execute a master agreement
with CSG Consultants, Inc. (CSG) in the amount not to exceed $500,000 for contract
period of two years.
2. Authorize the City Manager to execute a master agreement with 4Leaf, Inc. (4Leaf) in
the amount not to exceed $500,000 for a contract period of two years.
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Written communications for this item included a supplemental report with corrected staff
report and staff responses to councilmember questions, New Attachment C - Service
Order Example, and a councilmember email.
PUBLIC HEARINGS – None
ITEMS REMOVED FROM THE CONSENT CALENDAR
2. Subject: Mitigation Fee Act - the Annual & Five-Year Report for Fiscal Year (FY)
2022-2023. (Continued from November 7, 2023)
Recommended Action: Adopt Resolution No. 23-121 entitled "A Resolution of the City
of Cupertino City Council approving the Annual & Five -Year Mitigation Fee Report for
Fiscal Year ending June 30, 2023, and making required findings" to:
1. Make the required findings; and
2. Approve the Annual & Five-Year Mitigation Fee Report for the Fiscal Year ending
June 30, 2023, as required by Government Code Section 66000 et seq.
Written communications for this item included a supplemental report with staff responses
to councilmember questions and a councilmember email.
This item was pulled from the Consent Calendar for discussion.
Director or Public Works Chad Mosley reviewed the item.
Councilmembers made comments and asked questions.
Mayor Wei opened the public comment period and the following people spoke.
Rhoda Fry
Lisa Warren
Mayor Wei closed the public comment period.
SUBSTITUTE MOTION: Moore moved and Chao seconded a substitute motion to
approve the Recommended Action with the addition that the Parkland 14.05 funds are
broken out from the 13.08 funds into a separate reporting item in the AB 1600 report. 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 Mohan seconded to adopt Resolution No. 23-121 entitled
"A Resolution of the City of Cupertino City Council approving the Annual & Five -Year
Mitigation Fee Report for Fiscal Year ending June 30, 2023, and making required
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findings" to:
1. Make the required findings; and
2. Approve the Annual & Five-Year Mitigation Fee Report for the Fiscal Year ending
June 30, 2023, as required by Government Code Section 66000 et seq.
3. Modify the report to further breakdown the funding and expenditures for
Lawrence-Mitty Park within the Park Dedication In-Lieu Fee reporting section.
The motion carried with the following vote: Ayes: Wei, Mohan, Chao, and Fruen. Noes:
Moore. Abstain: None. Absent: None.
At 7:50 p.m., Mayor Wei recessed the meeting. The meeting reconvened at 7:55 p.m. with
all Councilmembers present.
ACTION CALENDAR
11. Subject: Accept the City Manager’s First Quarter Financial Report for Fiscal Year
2023-24
Recommended Action: 1. Accept the City Manager’s First Quarter Financial Report
for Fiscal Year 2023-24
2. Adopt Resolution No. 23-128 approving Budget Modification No. 2324-314,
increasing appropriations by $464,384 and revenues by $540,141
3. Adopt Resolution No. 23-129 amending Cupertino City Employees’ Association
/IFPTE Local 21 Classification Plan and Salary Schedule
4. Adopt Resolution No. 23-130 amending the Unrepresented Employees’
Compensation Program
5. Approve new Senior Housing Coordinator and Communications and Marketing
Coordinator classifications
6. Receive FY 2023-24 First Quarter City Work Program Dashboard Update
7. Provide direction on potential service level reductions for FY 2024-25
a. Defunding the 4th of July Event in FY 2024-25
b. Defunding Community Grant Funding Program in FY 2024-25
c. Defunding Weed Abatement subsidy of $8,600 annually.
Presenters: Kristina Alfaro, Director of Administrative Services and Thomas Leung,
Budget Manager
Written communications for this item included a staff presentation, a supplemental report
with staff responses to councilmember questions, and a councilmember email.
Director of Administrative Services Kristina Alfaro and Budget Manager Thomas Leung
gave a presentation.
Councilmembers made comments and asked questions.
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Mayor Wei opened the public comment period and the following people spoke.
Rhoda Fry (submitted written comments)
Jane Huang
Lisa Warren
Mayor Wei closed the public comment period.
MOTION: Moore moved and Fruen seconded as amended to:
1. Accept the City Manager’s First Quarter Financial Report for Fiscal Year 2023-24
2. Adopt Resolution No. 23-128 approving Budget Modification No. 2324-314, increasing
appropriations by $464,384 and revenues by $540,141
3. Adopt Resolution No. 23-129 amending Cupertino City Employees’ Association/IFPTE
Local 21 Classification Plan and Salary Schedule
4. Adopt Resolution No. 23-130 amending the Unrepresented Employees’ Compensation
Program
5. Approve new Senior Housing Coordinator and Communications and Marketing
Coordinator classifications
6. Receive FY 2023-24 First Quarter City Work Program Dashboard Update
7. Approve potential service level reductions for FY 2024-25 as amended:
a. Defunding the 4th of July Event in FY 2024-25 with an amendment to direct staff to
explore options on what could continue to be funded and return to Council with
funding suggestions;
b. Defunding Community Grant Funding Program in FY 2024-25; and
c. Defunding Weed Abatement subsidy of $8,600 annually.
FRIENDLY AMENDMENT: Fruen made a friendly amendment to cap the amount for
7b at $32,500. (Moore accepted the friendly amendment).
Council did not vote on this motion.
SUBSTITUTE MOTION: Wei moved and Chao seconded a substitute motion as
amended to:
1. Accept the City Manager’s First Quarter Financial Report for Fiscal Year 2023-24
2. Adopt Resolution No. 23-128 approving Budget Modification No. 2324-314,
increasing appropriations by $464,384 and revenues by $540,141
3. Adopt Resolution No. 23-129 amending Cupertino City Employees’
Association/IFPTE Local 21 Classification Plan and Salary Schedule
4. Adopt Resolution No. 23-130 amending the Unrepresented Employees’
Compensation Program
5. Approve new Senior Housing Coordinator and Communications and Marketing
Coordinator classifications
6. Receive FY 2023-24 First Quarter City Work Program Dashboard Update
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7. Approve potential service level reductions for FY 2024-25 as amended:
a. Defunding the 4th of July Event in FY 2024-25 with amendments to direct staff to
explore options on what could continue to be funded and return to Council with
funding suggestions; and retain funding of $7,000 to continue morning events;
b. Defunding Community Grant Funding Program in FY 2024-25 with an
amendment to cap the amount at $32,500; and
c. Defunding Weed Abatement subsidy of $8,600 annually.
FRIENDLY AMENDMENT: Chao made a friendly amendment to refer 7a to the Parks
and Recreation Department to explore creative solutions on whether to continue to
defund for the following year. (Wei accepted the friendly amendment).
The amended substitute motion carried with the following vote: Ayes: Wei, Mohan,
Chao, and Fruen. Noes: Moore. 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 and written communications.
CITY MANAGER REPORT
City Manager Wu shared a video commemorating the Cupertino-Toyokawa Sister Cities
Association 45th anniversary of the Sister Cities relationship.
ORAL COMMUNICATIONS – CONTINUED - None
INFORMATIONAL ITEMS
13. Subject: Receive the Treasurer's Investment Report for the Quarter Ending September
30, 2023
Recommended Action: Receive the Treasurer's Investment Report for the Quarter
Ending September 30, 2023
The information regarding the Treasurer's Investment Report for the Quarter Ending
September 30, 2023 was provided as part of the published agenda.
14. Subject: Receive the Monthly Treasurer's Investment Report for October 2023
Recommended Action: Receive the Monthly Treasurer's Investment Report for October
2023
The information regarding the Monthly Treasurer's Investment Report for October
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2023 was provided as part of the published agenda.
15. Subject: Receive the Monthly Treasurer's Report for October 2023
Recommended Action: Receive the Monthly Treasurer's Report for October 2023
The information regarding the Monthly Treasurer's Report for October 2023 was
provided as part of the published agenda.
COUNCIL AND STAFF COMMENTS AND FUTURE AGENDA ITEMS
Councilmembers made comments and discussed requests for future agenda items.
ADJOURNMENT
At 8:57 p.m., Mayor Wei adjourned the Regular City Council Meeting.
Minutes prepared by:
_________________________
Kirsten Squarcia, City Clerk