CC 06-04-2024
APPROVED MINUTES
CUPERTINO CITY COUNCIL
Tuesday, June 4, 2024
At 6:00 p.m., Mayor Sheila Mohan called the Regular City Council Meeting to order in 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: Hung Wei.
CLOSED SESSION
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.
1. Subject: Conference with legal counsel - existing litigation pursuant to Government
Code § 54956.9 (Harshit Sharma et al. v. City of Cupertino, Santa Clara County Superior
Court Case No. 22CV39297)
Council met with legal counsel regarding the existing litigation (Harshit Sharma et al. v.
City of Cupertino, Santa Clara County Superior Court Case No. 22CV392971).
RECESS
At 6:22 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 (participated remotely). Absent: none.
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MOTION: Mohan moved and Fruen seconded to allow Councilmember Wei to participate in
the meeting remotely. The motion passed with the following vote: Ayes: Mohan, Fruen, Chao,
Moore. Noes: None. Abstain: None. Absent: Wei.
CLOSED SESSION REPORT
City Attorney Chris Jensen conducted the open session report regarding the closed session
held at 6:00 PM. City Attorney Jensen reported that there was nothing to report.
CEREMONIAL ITEMS
2. Subject: Proclamation recognizing June as Lesbian, Gay, Bisexual, Transgender, and
Queer (LGBTQ) Pride Month
Recommended Action: Present proclamation recognizing June as Lesbian, Gay,
Bisexual, Transgender, and Queer (LGBTQ) Pride Month
Written communications for this item included an email to Council.
Huy Le, De Anza College Equity & Engagement Division Counselor & Instructor, received
the proclamation.
Mayor Mohan recognized June as LGBTQ+ Pride Month.
POSTPONEMENTS AND ORDERS OF THE DAY – None
ORAL COMMUNICATIONS
Written communications for this item included an email to Council.
The following members of the public spoke:
Helene Davis, Judy Wilson, Dawn McLeod, Ruhi Aggarwal, and Jocelyn Leanos, representing
Cupertino Copertino Sister Cities Association, discussed the ir 2024 Student Exchange Program.
(Submitted written comments).
Audit Committee Member Angela Chen (representing self), Angelo Noguero, Grace Lin, Alina
Wong, Anav Daya, and Betty Huang, representing Cupertino-Hsinchu Sister City Association,
discussed their 2024 Student Exchange Program. (Submitted written comments).
Brooke Ezzat discussed the City Organizational Chart and Council procedures.
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Housing Commissioner Connie Cunningham (representing self) discussed SB 330 preliminary
application No. PR-2024-017. (Submitted written comments).
Susan Bassi discussed the WomenSV organization.
Patricia Boone discussed the WomenSV organization.
Peggy Griffin discussed the City Organizational Chart. (Submitted written comments).
CONSENT CALENDAR (Items 3-12)
Item 7 was removed from the Consent Calendar by Councilmember Moore.
MOTION: Chao moved and Moore seconded to remove Item 8 from the Consent Calendar. The
motion failed with the following roll call vote: Ayes: Chao and Moore. Noes: Mohan, Fruen, and
Wei. Abstain: None. Absent: None.
Mayor Mohan opened the public comment period and the following members of the public spoke.
Peggy Griffin (Item 8)
San R (Item 9)
Louise Saadati (Item 8)
Lisa (Item 8)
Rhoda Fry (Items 8 and 9)
Mayor Mohan closed the public comment period.
Councilmembers asked questions and made comments.
MOTION: Moore and Chao moved to continue Items 8 and 9 to the next meeting. The motion failed
with the following roll call vote: Ayes: Chao and Moore. Noes: Mohan, Fruen, and Wei. Abstain:
None. Absent: None.
MOTION: Fruen moved and Mohan seconded approve the items on the Consent Calendar except as
indicated. The motion passed with the following roll call vote:
Items 3, 4, 5, 6, 10, 11, 12: Ayes: Mohan, Fruen, Chao, Moore, and Wei. Noes: None. Abstain: None.
Absent: None; and
Items 8 and 9: Ayes: Mohan, Fruen, and Wei. Noes: Moore. Abstain: Chao. Absent: None.
Item 7 was moved after the Action Calendar for consideration.
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3. Subject: Approval of amended May 7, 2024 City Council minutes
Recommended Action: Approve the amended May 7, 2024 City Council minutes
4. Subject: Approval of the May 14, 2024 (Closed Session) City Council minutes
Recommended Action: Approve the May 14, 2024 (Closed Session) City Council
minutes
5. Subject: Approval of the May 14, 2024 (Open Session) City Council minutes
Recommended Action: Approve the May 14, 2024 City Council minutes
6. Subject: Approval of the May 21, 2024 City Council minutes
Recommended Action: Approve the May 21, 2024 City Council minutes
8. Subject: Construction contract and a proposed amendment to the design consultant
agreement and construction management services for the All-Inclusive Playground at
Jollyman Park project
Recommended Action: 1. Award a construction contract for the All-Inclusive
Playground at Jollyman Park Project (budget unit 420-99-051) in the amount of
$3,863,430 to QLM, Inc.;
2. Authorize the City Manager to execute the contract with QLM, Inc. when all
conditions have been met;
3. Authorize the Director of Public Works to execute any necessary construction change
orders with QLM, Inc., up to a contingency amount of $386,350 (10%), for a total
contract amount of $4,249,780;
4. Authorize the City Manager to execute an amendment to the agreement with MIG,
Inc. for Design Professional Services on the All-Inclusive Playground at Jollyman Park
project (420-99-051, PO# 2022-0326) increasing the contract amount by $45,000, for a
new total not-to-exceed contract amount of $467,411;
5. Authorize the City Manager to execute a professional services agreement with 4Leaf,
Inc. for construction management services for a total not-to-exceed contract amount of
$393,081; and
6. Adopt Resolution No. 24-049 approving budget modification #2324-304, approving a
transfer out of $500,000 from the Park Dedication Fund (280) and a transfer into the All-
Inclusive Playground at Jollyman Park Project (budget unit 420-99-051) and
appropriating $500,000 to this project.
Written communications for this item included an email to Council.
9. Subject: Approve an agreement with the City of San Jose to provide animal
management services for a not-to-exceed amount of $330,730 for fiscal year 2024-2025,
$343,959.20 for fiscal year 2025-2026, and $357,717.57 for fiscal year 2026-2027, for a
total of $1,032,406.70, and delegate authority to the City Manager to award contract
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extensions through June 30, 2033, depending on approved budget and acceptable
services.
Recommended Action: That the City Council the agreement (Attachment A) to:
1. Authorize the City Manager to execute an agreement with City of San Jose to provide
animal management services including Field Services, Shelter Services, and Dead
Animal Services for a total not-to-exceed amount of $1,032,406.70 for three years
between fiscal years 2024-2025 and 2026-2027.
2. Authorize the City Manager to execute up to two (2) 3-year contract extensions,
provided budget is available and services remain acceptable.
Written communications for this item included an email to Council.
10. Subject: Memorandum of Understanding (MOU) between the Santa Clara County
Recycling and Waste Reduction Technical Advisory Committee (TAC) member
jurisdictions establishing ongoing management and operation of the edible food
recovery program to comply with the requirements of Senate Bill (SB) 1383 (California's
Short-Lived Climate Pollutant Reduction Strategy).
Recommended Action: Authorize the City Manager to sign a MOU between the Santa
Clara County Recycling and Waste Reduction Technical Advisory Committee (TAC)
member jurisdictions establishing ongoing management and operation of the edible
food recovery program to comply with the requirements of SB 1383 (California's
Short-Lived Climate Pollutant Reduction Strategy).
11. Subject: Memorandums of Agreement on behalf of the City of Cupertino, as a coalition
partner with other partner agencies, for the purpose of securing grant funds from the
United States Environmental Protection Agency’s (EPA) Climate Pollution Reduction
Grants program for funding electrification of municipal facilities and implementing a
regional reusable takeout foodware program.
Recommended Action: Adopt Resolution 24-050 authorizing the City Manager to:
1) Negotiate and sign Memorandums of Agreement and any amendments on behalf of
the City of Cupertino, as a coalition partner with other partner agencies, for the
purpose of securing grant funds from the EPA Climate Pollution Reduction Grants
program for funding electrification of municipal facilities and implementing a regional
reusable takeout foodware program; and
2) Negotiate and execute any documents necessary to accept and effectuate the grants.
12. Subject: Three-year agreement between the City of Cupertino and the County of Santa
Clara (County) for the City's participation in the Countywide Household Hazardous
Waste (HHW) Collection Program for Fiscal Years (FY) 2024/2025-2026/2027 using
earmarked funds within the Resource Recovery Fund 520.
Recommended Action: Adopt Resolution No. 24-051 authorizing the City Manager to
sign a three-year agreement between the City of Cupertino and the County of Santa
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Clara (County) for the City's participation in the Countywide Household Hazardous
Waste (HHW) Collection Program for Fiscal Years (FY) 2024/2025-2026/2027 using
earmarked funds within the Resource Recovery Fund 520.
At 8:03 p.m., Mayor Mohan recessed the meeting. The meeting reconvened at 8:10 p.m. with all
Councilmembers present.
PUBLIC HEARINGS
13. Subject: Approve the renewal (with no increase) of the 1992 Storm Drain Fee and
renewal of the 2019 Clean Water and Storm Protection Fee with a 2.62% increase
Recommended Action: Adopt:
1. Resolution No. 24-052 (Attachment A) approving the renewal and collection of the
1992 Storm Drain Fee with no increase in rates for Fiscal Year (FY) 2024-25
2. Resolution No. 24-053 (Attachment B) approving the renewal and collection of the
2019 Clean Water and Storm Protection Fee with a 2.62% increase in rates for FY 2024-
25
Presenter: Ursula Syrova, Environmental Programs and Sustainability Manager
Written communications for this item included a staff presentation.
Environmental Programs and Sustainability Manager Ursula Syrova gave a presentation.
Councilmembers asked questions and made comments.
Mayor Mohan opened the public hearing and, seeing no one, closed the public hearing.
MOTION: Moore moved and Fruen seconded to approve the Recommended Action to
adopt:
1. Resolution No. 24-052 approving the renewal and collection of the 1992 Storm Drain
Fee with no increase in rates for Fiscal Year (FY) 2024-25; and
2. Resolution No. 24-053 approving the renewal and collection of the 2019 Clean Water
and Storm Protection Fee with a 2.62% increase in rates for FY 2024- 25.
The motion passed with the following roll vote: Ayes: Mohan, Fruen, Chao, Moore, and
Wei. Noes: None. Abstain: None. Absent: None.
14. Subject: Consider the Recommended Operating and Capital Improvement Program
Budgets for Fiscal Year (FY) 2024-25, adoption of the Operating and Capital
Improvement Program Budgets for FY 2024-25, establishment of the Appropriation
Limit, and related actions.
Recommended Action: 1. Adopt Resolution No. 24-054 establishing an Operating
Budget of $120,495,113 for FY 2024-25, which includes the following changes to the FY
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2024-25 Proposed Budget, published on May 1, 2024:
a. Approve the operating budget of $120,392,308 outlined in the FY 2024-25 Proposed
Budget.
b. Approve additional appropriations of $32,500 for the Community Funding Grant
Program as included in Attachment D.
c. Approve additional appropriations of $3,905 for festival costs as included in
Attachment D.
d. Approve additional appropriations of $2,050 for the Artist Awards program as
included in Attachment D.
e. Approve additional appropriations of $64,350 for the animal services contract as
included in Attachment D.
f. Approve a reduction in revenues of $21,200 due to the elimination of the proposed
permit parking and crane lift fees as included in Attachment D.
g. Approve additional revenues of $212,614 for SB 1 as included in Attachment D.
h. Approve Community Funding Grants for the following organizations, allocating a
total of $32,500:
i. AINAK: $2,750
ii. Cupertino Little League: $16,000
iii. Cupertino Symphonic Band: $3,000
iv. Rotary Club of Cupertino: $4,000
v. STEMBoost Corporation: $3,000
vi. West Valley Community Services: $3,750
2. Adopt Resolution No. 24-055 establishing a Capital Improvement Program Budget
of $26,151,380 for FY 2024-25
3. Adopt Resolution No. 24-056 establishing an Appropriation Limit of $132,542,385
for FY 2024-25
Presenters: Kristina Alfaro, Director of Administrative Services and Thomas Leung,
Budget Manager
Written communications for this item included an updated staff presentation, a desk
item report with staff responses to questions received from councilmembers, and emails
to Council.
Director of Administrative Services Kristina Alfaro and Budget Manager Thomas Leung
gave a presentation.
Mayor Mohan opened the public hearing and the following members of the public
spoke.
San R
Louise Saadati
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Mayor Mohan closed the public hearing.
Councilmembers asked questions and made comments.
At 8:49 p.m., Mayor Mohan recessed the meeting. The meeting reconvened at 8:55 p.m. with all
Councilmembers present (Wei 8:59 p.m.).
MOTION: Fruen moved and Wei seconded the Recommended Action to:
1. Adopt Resolution No. 24-054 establishing an Operating Budget of $120,495,113 for FY
2024-25, which includes the following changes to the FY 2024-25 Proposed Budget,
published on May 1, 2024:
a. Approve the operating budget of $120,392,308 outlined in the FY 2024-25
Proposed Budget.
b. Approve additional appropriations of $32,500 for the Community Funding Grant
Program as included in Attachment D.
c. Approve additional appropriations of $3,905 for festival costs as included in
Attachment D.
d. Approve additional appropriations of $2,050 for the Artist Awards program as
included in Attachment D.
e. Approve additional appropriations of $64,350 for the animal services contract as
included in Attachment D.
f. Approve a reduction in revenues of $21,200 due to the elimination of the
proposed permit parking and crane lift fees as included in Attachment D.
g. Approve additional revenues of $212,614 for SB 1 as included in Attachment D.
h. Approve Community Funding Grants for the following organizations, allocating a
total of $32,500:
i. AINAK: $2,750
ii. Cupertino Little League: $16,000
iii. Cupertino Symphonic Band: $3,000
iv. Rotary Club of Cupertino: $4,000
v. STEMBoost Corporation: $3,000
vi. West Valley Community Services: $3,750
2. Adopt Resolution No. 24-055 establishing a Capital Improvement Program Budget of
$26,151,380 for FY 2024-25; and
3. Adopt Resolution No. 24-056 establishing an Appropriation Limit of $132,542,385 for
FY 2024-25.
FRIENDLY AMENDMENT 1: Chao made a friendly amendment to restore the Citizens
of Cupertino in the City Organizational Chart. (Fruen and Wei accepted the friendly
amendment).
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FRIENDLY AMENDMENT 2: Chao made a friendly amendment to place the City
Treasurer position next to the Director of Administrative Services position on the City
Organizational Chart. Fruen declined the friendly amendment, and it was not included
in the motion.
FRIENDLY AMENDMENT 3: Chao made a friendly amendment to correct the Adopted
FY 24-25 City Work Program (Attachment I) to move Item 20 Active Transportation Plan
to the Projects That Require Additional Funding category. Fruen declined the friendly
amendment and offered a modified amendment to provide authorization to staff to
make various textual changes with relation to the item discussion. (Chao accepted the
modified amendment). Wei declined the modified amendment, and it was not included
in the motion.
The motion as amended (Friendly Amendment 1) passed with the following roll call
vote: Ayes: Mohan, Fruen, Chao, Moore, and Wei. Noes: None. Abstain: None. Absent:
None.
ACTION CALENDAR - None
ITEMS REMOVED FROM THE CONSENT CALENDAR
7. Subject: Law Enforcement Contract Extension with the County of Santa Clara Sheriff's
Office
Recommended Action: Authorize the City Manager to extend the existing law
enforcement contract with the County of Santa Clara Sheriff's Office for two years, from
July 1, 2024, through July 1, 2026, and amend the terms of the agreement as needed
during the extension
Written communications for this item included an email to Council.
This item was pulled from the consent calendar for discussion.
Mayor Mohan opened the public comment period and the following members of the public
spoke.
Jennifer Griffin
Rhoda Fry (submitted written comments)
San R
Mayor Mohan closed the public comment period.
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Councilmembers asked questions and made comments.
MOTION: Wei moved and Fruen seconded the Recommended Action to authorize the City
Manager to extend the existing law enforcement contract with the County of Santa Clara
Sheriff's Office for two years, from July 1, 2024, through July 1, 2026, and amend the terms of
the agreement as needed during the extension. The motion passed with the following roll
call vote: Ayes: Mohan, Fruen, Chao, Moore, and Wei. Noes: None. Abstain: None.
Absent: None.
CITY MANAGER REPORT
City Manager Pamela Wu shared a video highlighting the Cupertino 311 issue reporting
application.
ORAL COMMUNICATIONS - CONTINUED - None
COUNCILMEMBER REPORTS
15. Subject: Councilmember Reports
Councilmembers reported on their various committees and activities as provided in the
published agenda.
FUTURE AGENDA ITEMS
Moore added an informational memo to Council on funding to WomenSV.
ADJOURNMENT
At 9:49 p.m., Mayor Mohan adjourned the Regular City Council Meeting.
Minutes prepared by:
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Kirsten Squarcia, City Clerk