CC 05-21-2024
APPROVED MINUTES
CUPERTINO CITY COUNCIL
Tuesday, May 21, 2024
At 6:00 p.m., Mayor Sheila Mohan called the Regular City Council Meeting to order in Cupertino
City Hall Conference Room C, 10300 Torre Avenue.
ROLL CALL
Present: Mayor Sheila Mohan, Vice Mayor J.R. Fruen, and Councilmembers Liang Chao, Kitty
Moore, and Hung Wei. Absent: none.
In open session prior to closed session, Mayor Mohan opened the public comment period
regarding any item on the agenda. No members of the public requested to speak, and Mayor
Mohan closed the public comment period.
CLOSED SESSION
1. Subject: Workers compensation claim pursuant to Government Code § 54956.95(b)
(Ricardo Acevedo v. City of Cupertino, WCAB No. ADJ17329936)
Council met with legal counsel on the workers compensation claim (Ricardo Acevedo v.
City of Cupertino, WCAB No. ADJ17329936).
RECESS
At 6:13 p.m., Mayor Mohan recessed the meeting. At 6:45 p.m., Mayor Mohan reconvened the
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, Kitty
Moore, and Hung Wei. Absent: none.
CLOSED SESSION REPORT
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Page 2
City Attorney Chris Jensen conducted the open session report regarding the closed session at
6:00 p.m. City Attorney Jensen reported there was no reportable action.
City Attorney Jensen also reported on the special meeting closed session held on May 14. City
Attorney Jensen announced a final settlement was reached in the case of City of Cupertino v.
Jennifer Chang, a civil case regarding the embezzlement of City funds. After a successful motion
for summary judgment, the City received a settlement agreement for over $800,000 from Ms.
Chang that would collect the balance of principle and all of the interest over to the City. Together
with the judgment and the prosecution in the criminal case against Ms. Chang, the City is made
whole for the entire amount lost, including principal and interest.
CEREMONIAL ITEMS
2. Subject: Recognition of National Public Works Week, May 19-25, 2024
Recommended Action: Recognize National Public Works Week, May 19-25, 2024
Mayor Mohan recognized May 19-25, 2024 as National Public Works Week.
POSTPONEMENTS AND ORDERS OF THE DAY - None
ORAL COMMUNICATIONS
The following members of the public spoke:
Toby Leavitt, representing the San Francisco Shakespeare Festival, discussed Free Shakespeare
in the Park.
Harley Liu discussed bicycle infrastructure and safety.
Rhoda Fry discussed revenue strategies.
Louis Saadati discussed Dog Off-Leash (DOLA) maintenance and amenities.
CONSENT CALENDAR (Items 3-9)
Item 7 was pulled from the Consent Calendar by Councilmembers Chao and Moore.
MOTION: Mohan moved and Wei seconded to hear Item 7 before the Action Calendar. The motion
passed with the following vote: Ayes: Mohan, Fruen, Chao, Moore, and Wei. Noes: None. Abstain:
None. Absent: None.
Mayor Mohan opened the public comment period and, seeing no one, closed the public comment
period.
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Councilmembers made comments.
MOTION: Wei moved and Moore seconded to approve the items on the Consent Calendar except
as indicated. The motion passed with the following vote: Ayes: Mohan, Fruen, Chao, Moore, and
Wei. Noes: None. Abstain: None. Absent: None.
Item 7 was moved before the Action Calendar for consideration.
3. Subject: Approval of May 7, 2024 City Council minutes
Recommended Action: Approve the May 7, 2024 City Council minutes
Written communications for this item included a desk item report with Amended
Attachment A – Draft Minutes (redline).
4. Subject: Ratifying Accounts Payable for the periods ending April 5, 2024; April 12,
2024; April 19, 2024; and April 26, 2024
Recommended Action: A. Adopt Resolution No. 24-043 ratifying Accounts Payable for
the Period ending April 5, 2024;
B. Adopt Resolution No. 24-044 ratifying Accounts Payable for the Period ending April
12, 2024;
C. Adopt Resolution No. 24-045 ratifying Accounts Payable for the Period ending April
19, 2024; and
D. Adopt Resolution No. 24-046 ratifying Accounts Payable for the Period ending April
26, 2024
Written communications for this item included a supplemental report with staff
responses to councilmember questions and emails to Council.
5. Subject: Approve a First Amendment with Tyler Technologies for continued Enterprise
Resource Planning (ERP) Software Maintenance and Support, for a total not-to-exceed
amount of $672,924.92 including a 10% contingency and extending the contract date to
June 30, 2028.
Recommended Action: Authorize the City Manager to execute a First Amendment with
Tyler Technologies for continued Enterprise Resource Planning (ERP) Software
Maintenance and Support, for a total not-to-exceed amount of $672,924.92 including a
10% contingency and extending the term of the agreement to June 30, 2028.
6. Subject: Lease agreement with the Regents of the University of California for the
Rolling Hills 4-H Club for facilities at the McClellan Ranch Preserve
Recommended Action: Authorize the City Manager to execute a new lease agreement
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with the Regents of the University of California for the Rolling Hills 4-H Club for facilities
at the McClellan Ranch Preserve for a period of ten years, through August 31, 2034
8. Subject: Approve a Third Amendment with Chandler Asset Management to continue
investment advisory services for a total not-to-exceed amount of $600,000 and extending
the contract date to December 31, 2028
Recommended Action: Authorize the City Manager to execute the Third Amendment
with Chandler Asset Management, reinstating the Professional Services Agreement to
continue investment advisory services for a new not-to-exceed contract amount of
$600,000 and extending the contract date to December 31, 2028
Written communications for this item included emails to Council.
9. Subject: Approve a Fourth Amendment with Hinderliter, de Llamas & Associates (HdL)
to continue Sales, Use, and Transaction Tax Audit services for a total not-to-
exceed amount of $230,000
Recommended Action: Authorize the City Manager to execute the Fourth Amendment
with Hinderliter, de Llamas & Associates (HdL) for continued sales, use, and transaction
tax audit services, increasing the contract amount by $60,000 for a new total not-to-exceed
contract amount of $230,000
PUBLIC HEARINGS - None
ITEMS REMOVED FROM THE CONSENT CALENDAR
7. Subject: Fiscal Year (FY) 2024/2025 projects proposed to receive funding from the Road
Maintenance and Rehabilitation Account (RMRA), created by Senate Bill (SB) 1.
Recommended Action: Adopt Resolution No. 24-047 (Attachment A) establishing a list
of projects proposed to be funded by $1,549,796 of SB 1 revenues, estimated to be
received in FY 2024/2025.
Written communications for this item included a supplemental report with staff
responses to councilmember questions and and emails to Council.
This item was pulled from the Consent Calendar for discussion.
Councilmembers asked questions and made comments.
Public Works Director Chad Mosley answered questions.
Mayor Mohan opened the public comment period and the following members of the
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public spoke.
Rattehalli Sudesh
Planning Commissioner Seema Lindskog, representing Walk Bike Cupertino
Parks and Recreation Commissioner Jennifer Shearin (representing self)
Peggy Griffin
Aaryan Doshi
Louise Saadati
San R
Caller 1820
Mayor Mohan closed the public comment period.
MOTION: Chao moved and Fruen seconded the staff recommended action to adopt
Resolution No. 24-047 establishing a list of projects proposed to be funded by $1,549,796
of SB 1 revenues, estimated to be received in FY 2024/2025. The motion passed with the
following vote: Ayes: Mohan, Fruen, Chao, Moore, and Wei. Noes: None. Abstain: None.
Absent: None.
ACTION CALENDAR
10. Subject: City Manager’s Third Quarter Financial Report for Fiscal Year 2023-24
Recommended Action: 1. Receive the City Manager’s Third Quarter Financial Report
for Fiscal Year 2023-24; and
2. Adopt Resolution No. 24-048 and Budget Modification 2324-340 decreasing
appropriations by $464,980 and increasing revenues by $20,010,094
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 emails to Council.
Director of Administrative Services Kristina Alfaro and Budget Manager Thomas Leung
gave a presentation.
Councilmembers asked questions and made comments.
Councilmember Moore added an informational memo for clarification on the De Anza
College student intern contract.
Mayor Mohan opened the public comment period and the following members of the
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public spoke.
Peggy Griffin
Rhoda Fry
Lisa
Mayor Mohan closed the public comment period.
MOTION: Fruen moved and Wei seconded the staff recommended action to:
1. Receive the City Manager’s Third Quarter Financial Report for Fiscal Year 2023-24; and
2. Adopt Resolution No. 24-048 and Budget Modification 2324-340 decreasing
appropriations by $464,980 and increasing revenues by $20,010,094.
The motion passed with the following vote: Ayes: Mohan, Fruen, Chao, Moore, and Wei.
Noes: None. Abstain: None. Absent: None.
At 8:08 p.m., Mayor Mohan recessed the meeting. The meeting reconvened at 8:17 p.m. with all
Councilmembers present.
STUDY SESSION
11. Subject: Initial Study Session on Fiscal Year (FY) 2024-25 Proposed Operating and
Capital Improvement Program Budgets
Recommended Action: Initial Study Session on Fiscal Year (FY) 2024-25 Proposed
Operating and Capital Improvement Program Budgets
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, Attachment U - FY 2017-18
Personnel Schedules, Attachment V - FY 2024-25 Personnel Schedules, Attachment W -
Report from Baker Tilley on budget assumptions, and emails to Council.
Director of Administrative Services Kristina Alfaro, Budget Manager Thomas Leung, and
Steve Tolar, Director with Baker Tilly, gave a presentation.
Councilmembers asked questions and made comments.
Mayor Mohan opened the public comment period and the following members of the
public spoke.
Peggy Griffin
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Rhoda Fry
Parks and Recreation Commissioner Jennifer Shearin (representing the Parks and
Recreation Commission)
San R
Mayor Mohan closed the public comment period.
MOTION: Chao moved and Moore seconded to:
• Restore the Citizens of Cupertino in the Organization Chart, which has been in
Cupertino’s budget reports every year in the past and in other cities’ budget
reports
• Remove expensive studies from the FY 2024-25 City Work Program
o Postpone Active Transportation Plan $330,000
o Postpone Feasibility study of recycled water $200,000
o Reduce the scope of Sign Ordinance to only address recent concerns, rather
than $200,000 overall of the ordinance.
Chao’s motion failed with the following vote: Ayes: Chao and Moore. Noes: Mohan,
Fruen, and Wei. Abstain: None. Absent: None.
MOTION: Mohan moved and Fruen seconded to direct staff to bring back the proposed
budget for consideration by Council for adoption on June 4. Mohan’s motion passed with
the following vote: Ayes: Mohan, Fruen, Moore, and Wei. Noes: None. Abstain: Chao.
Absent: None.
CITY MANAGER REPORT
City Manager Pamela Wu shared a video previewing the upcoming Pride Flag Raising
Ceremony.
ORAL COMMUNICATIONS - CONTINUED – None
COUNCILMEMBER REPORTS
12. Subject: Councilmember Reports
Councilmembers reported on their various committees and activities as provided in the
published agenda.
FUTURE AGENDA ITEMS
Council did not hear this item.
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ADJOURNMENT
At 10:21 p.m., Mayor Mohan adjourned the Regular City Council Meeting.
Minutes prepared by:
_
Kirsten Squarcia, City Clerk