CPFC 11-18-2024 Searchable PacketCITY OF CUPERTINO
CITY COUNCIL
AGENDA
10300 Torre Avenue, Conference Room C; and
Teleconference Location Pursuant to Government Code section 54953(b)(2);
5th Floor, No 19, Tongshan Street, Taipei, Taiwan
Monday, November 18, 2024
7:00 PM
Cupertino Public Facilities Corporation Meeting (7:00)
Members of the public wishing to observe the meeting may do so in one of the following
ways:
1)Attend in person at City Hall, Conference Room C, 10300 Torre Avenue or the
Teleconference Location.
2) The meeting will also be streamed live online at cupertino.gov/citymeetingvideos
Members of the public wishing to comment on an item on the agenda may do so in the
following ways:
1) Attend in person at City Hall, Conference Room C, 10300 Torre Avenue or the
Teleconference Location.
2) E-mail comments by 4:00 p.m. on Monday, November 18 to the Corporation at
citycouncil@cupertino.gov. These e-mail comments will also be forwarded to Corporation
by the City Clerk’s office before the meeting and posted to the City’s website after the
meeting.
Oral public comments may be made during the public comment period for each agenda
item.
Members of the audience who address the Corporation must come to the
lectern/microphone and are requested to complete a Speaker Card and identify themselves.
Completion of Speaker Cards and identifying yourself is voluntary and not required to
attend the meeting or provide comments.
ROLL CALL
ORAL COMMUNICATIONS
This portion of the meeting is reserved for persons wishing to address the Corporation on any matter
within the jurisdiction of the Corporation and not on the agenda. Speakers are limited to three (3)
minutes. In most cases, State law will prohibit the Corporation from making any decisions with respect
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City Council Agenda November 18, 2024
to a matter not on the agenda.
CONSENT CALENDAR
Items appearing on the Consent Calendar are considered routine City business and may be approved by
one motion.
1.Subject: Approval of the October 6, 2020 Cupertino Public Facilities Corporation
minutes
Recommended Action: Approve the October 6, 2020 Cupertino Public Facilities
Corporation minutes
A - Draft Minutes
ACTION CALENDAR
2.Subject: Cupertino Public Facilities Corporation Management Report
Recommended Action: Receive the Cupertino Public Facilities Corporation
Management Report
A - Management Report
ADJOURNMENT
Lobbyist Registration and Reporting Requirements: Individuals who influence or attempt to influence
legislative or administrative action may be required by the City of Cupertino’s lobbying ordinance
(Cupertino Municipal Code Chapter 2.100) to register and report lobbying activity. Persons whose
communications regarding any legislative or administrative are solely limited to appearing at or
submitting testimony for any public meeting held by the City are not required to register as lobbyists.
For more information about the lobbying ordinance, please contact the City Clerk’s Office at 10300
Torre Avenue, Cupertino, CA 95014; telephone (408) 777-3223; email cityclerk@cupertino.org; and
website: www.cupertino.org/lobbyist.
The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6; litigation
challenging a final decision of the City Council must be brought within 90 days after a decision is
announced unless a shorter time is required by State or Federal law.
Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must
file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the
City’s decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal
Code §2.08.096. Contact the City Clerk’s office for more information or go to
http://www.cupertino.org/cityclerk for a reconsideration petition form.
In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend this
meeting who is visually or hearing impaired or has any disability that needs special assistance should
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City Council Agenda November 18, 2024
call the City Clerk's Office at 408-777-3223, at least 48 hours in advance of the meeting to arrange for
assistance. In addition, upon request in advance by a person with a disability, meeting agendas and
writings distributed for the meeting that are public records will be made available in the appropriate
alternative format.
Any writings or documents provided to a majority of the Cupertino City Council after publication of
the packet will be made available for public inspection in the City Clerk’s Office located at City Hall,
10300 Torre Avenue, Cupertino, California 95014, during normal business hours; and in Council
packet archives linked from the agenda/minutes page on the City web site.
IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipal Code section
2.08.100 written communications sent to the City Council, Commissioners or staff concerning a matter
on the agenda are included as supplemental material to the agendized item. These written
communications are accessible to the public through the City website and kept in packet archives. Do
not include any personal or private information in written communications to the City that you do not
wish to make public, as written communications are considered public records and will be made
publicly available on the City website.
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CITY OF CUPERTINO
Agenda Item
24-13414 Agenda Date:
11/18/2024 Agenda #: 1.
Subject:Approval of the October 6, 2020 Cupertino Public Facilities Corporation minutes
Approve the October 6, 2020 Cupertino Public Facilities Corporation minutes
CITY OF CUPERTINO Printed on 11/12/2024Page 1 of 1
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UNOFFICIAL MINUTES
CUPERTINO PUBLIC FACILITIES CORPORATION
Tuesday, October 6, 2020
SPECIAL MEETING OF THE CUPERTINO
PUBLIC FACILITIES CORPORATION
At 10:58 p.m. Chair Steven Scharf called the Special Cupertino Public Facilities Corporation
meeting to order. This was a teleconference meeting without a physical location.
ROLL CALL
Present: Chair Steven Scharf, Vice Chair Darcy Paul, and Board members Liang Chao, Rod
Sinks, and Jon Robert Willey. Absent: None. All Board members teleconferenced for the
meeting.
CONSENT CALENDAR
Sinks moved and Scharf seconded to approve the item on the Consent Calendar as presented.
Ayes: Scharf, Paul, Chao, Sinks, and Willey. Noes: None. Abstain: None. Absent: None.
1. Subject: Approve the September 15, 2020 Public Facilities Corporation minutes
Recommended Action: Approve the September 15, 2020 Public Facilities Corporation
minutes
ADJOURNMENT
At 10:59 p.m. Chair Scharf adjourned the meeting.
s/Kirsten Squarcia______________________
Kirsten Squarcia, Recording Secretary
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CITY OF CUPERTINO
Agenda Item
24-13466 Agenda Date:
11/18/2024 Agenda #: 2.
Subject: Cupertino Public Facilities Corporation Management Report
Receive the Cupertino Public Facilities Corporation Management Report
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MANAGEMENT REPORT
November 18, 2024
To: Cupertino Public Facilities Corporation
From: Kristina Alfaro, Director of Administrative Services
Re: Tax-Exempt, Reporting Requirements, and Debt Issuance Update
Background
The Cupertino Public Facilities Corporation (CPFC) was incorporated in 1986 as a vehicle
to provide financing for public improvements. The CPFC’s bylaws and other key
documents are available at on the City’s online records.
At the end of 2023, it was brought to staff’s attention that the CPFC had lost its tax-exempt
status due to a lapse in annual reporting. In response, the City contracted with external
legal counsel to address the compliance issues and apply for reinstatement. The
application was submitted to the IRS in December, and CPFC’s tax-exempt status has
since been successfully reinstated. The City is currently completing the required Form 990
filings and is pursuing an exemption from future Form 990 filing requirements.
Over the past year, staff has issued three memoranda providing background on the CPFC
formation, updates on the tax-exempt status, and responses to questions from the CPFC
Board members. These memoranda can be found at https://www.cupertino.org/our-
city/city-council/council-informational-memos.
Meeting Schedule and Board Actions
The CPFC Board has not convened regularly since 2020, likely due to a lack of agenda
items requiring board action. To ensure compliance with CPFC bylaws and City
resolutions, staff has scheduled this meeting and incorporated an annual meeting into the
November schedule. Per resolution, meetings are to take place on the third Monday in
November.
At this time, staff does not anticipate the CPFC will issue or refinance any existing debt,
and there is only one item requiring Board action: the approval of minutes from the 2020
meeting. Moving forward, staff will either adhere to the current bylaws by holding annual
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meetings or explore options to amend the bylaws to allow meetings only when necessary,
per the Board's direction.
Nest Steps
Staff will continue to monitor compliance and provide updates as necessary. Staff is also
working towards completing the Form 990 filings and obtaining an exemption from
future filing requirements.
Sustainability Impact
No sustainability impact.
Fiscal Impact
Any additional expenditures needed to come into compliance will be assumed within
existing budget appropriations.
California Environmental Quality Act
Not applicable.
_____________________________________
Prepared by: Jonathan Orozco, Finance Manager
Reviewed by: Kristina Alfaro, Director of Administrative Services
Christopher D. Jensen, City Attorney
Approved for Submission by: Tina Kapoor, Acting City Manager
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