CC 12-03-2024
APPROVED MINUTES
CUPERTINO CITY COUNCIL
Tuesday, December 3, 2024
At 6:16 p.m., Mayor Sheila Mohan called the Regular City Council Meeting to order in Cupertino
City Hall Conference Room C, 10300 Torre Avenue.
Present: Mayor Sheila Mohan, Vice Mayor J.R. Fruen, and Councilmembers Liang Chao and
Kitty Moore. Absent: Councilmember Hung Wei.
CLOSED SESSION
1. Subject: Conference with legal counsel - existing litigation pursuant to Government Code
§ 54956.9 and initiation of litigation pursuant to Government Code § 54956.9(c) (Ali et al.
v. City of Cupertino et al., Santa Clara County Superior Court Case No. 24CV439697)
Council conducted the Conference with legal counsel regarding the existing litigation
pursuant and initiation of litigation (Ali et al. v. City of Cupertino et al., Santa Clara
County Superior Court Case No. 24CV439697).
At 6:27 p.m. Mayor Mohan recessed the meeting.
At 6:46 p.m., Mayor Mohan reconvened the Regular City Council Meeting in open session 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
conducted at 6:15 p.m. City Attorney Jensen reported that the City Council heard the case Ali et
al. v. City of Cupertino et al., Santa Clara County Superior Court Case No. 24CV439697 and the
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Page 2
Council voted 4-0 (Wei absent) to authorize the City Attorney to file a cross complaint in that
action.
CEREMONIAL ITEMS – None
POSTPONEMENTS AND ORDERS OF THE DAY – None
ORAL COMMUNICATIONS
Written communications for this item included emails forwarded by Councilmembers.
The following members of the public spoke:
Ken Gudan, representing Cupertino Symphonic Band, discussed the Cupertino Symphonic Band
organization.
Rhoda Fry discussed a trail project near Linda Vista Park and City Manager performance.
Housing Commissioner Connie Cunningham (representing self) discussed City Manager
performance and a proposed development project in the Linda Vista area.
Cathy Chiu, representing Cupertino Pickleball Club, discussed the Cupertino Pickleball Club
organization.
Debbie Timmers discussed City Manager performance.
Jean Bedord discussed City Manager performance.
Peggy Griffin discussed City Manager performance.
Louise Saadati discussed City Manager performance.
San R discussed the General Municipal Election and incoming and outgoing Councilmembers.
Sandhana Siva discussed City Manager performance.
Siva Singaram discussed City Manager performance.
Philip Nguyen discussed City Manager performance.
CONSENT CALENDAR (Items 2-10)
City Council Minutes December 3, 2024
Page 3
Item 10 was removed from the Consent Calendar by Councilmember Chao.
Mayor Mohan opened the public comment period and, seeing no one, closed the public comment
period.
MOTION: Fruen moved 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.
Item 10 was placed after the Action Calendar for consideration per rule.
2. Subject: Resolution amending the City of Cupertino Conflict of Interest Code for officials
and designated employees; Amended 2024 Local Agency Biennial Notice (Continued
from November 19, 2024)
Recommended Action: 1.) Adopt Resolution No. 24-099 rescinding Resolution No.
24-083 and amending the City of Cupertino Conflict of Interest Code for officials and
designated employees; and
2.) Authorize the City Manager to sign the amended 2024 Local Agency Biennial Notice
3. Subject: Adopt the OPEB and Pension Trust Investment Policies (Continued from
November 19, 2024)
Recommended Action: A. Adopt Resolution No. 24-107 for the OPEB Trust Investment
Policy; and
B. Adopt Resolution No. 24-108 for the Pension Trust Investment Policy
4. Subject: Approve the November 18, 2024 City Council minutes
Recommended Action: Approve the November 18, 2024 City Council minutes
5. Subject: Approve the November 19, 2024 City Council minutes
Recommended Action: Approve the November 19, 2024 City Council minutes
Written communications for this item included a desk item report and Attachment B -
Amended Draft Minutes (redline).
6. Subject: Declare properties as having potential fire hazards from weeds or other
potential nuisances for the Cupertino Weed Abatement Program.
Recommended Action: Adopt Resolution No. 24-111 declaring properties as having
potential fire hazards from weeds or other potential nuisances (Attachment A) and set
hearing on January 22, 2025 to declare a public nuisance and to consider objections for
proposed removal.
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7. Subject: Receive the FY 2023-24 Annual Comprehensive Financial Report (ACFR)
Recommended Action: Receive the FY 2023-24 Annual Comprehensive Financial
Report (ACFR)
Written communication for this item included a desk item report with staff responses to
councilmember questions and emails to Council.
8. Subject: The Fourth Amendment to the SimpliGov agreement for Business Process
Automation Software.
Recommended Action: Authorize the City Manager to execute a Fourth Amendment
with SimpliGov, for Business Process Automation Software, for a total not-to-exceed
amount of $307,000, extending the term through March 30, 2027.
9. Subject: Award a construction contract for the Light Emitting Diode (LED) Streetlight
Installation Project to Bear Electrical Solutions in the amount of $628,449 and approve a
third amendment to the construction management agreement with Tanko Lighting for a
total contract amount not to exceed $306,914.
Recommended Action: 1. Award a construction contract for the LED Streetlight
Installation Project (budget unit 420-99-258, project number 2022-13) in the amount of
$629,449 to Bear Electrical Solutions.
2. Authorize the City Manager to execute the construction contract when all conditions
have been met.
3. Authorize the Director of Public Works to execute any necessary change orders up to
a construction contingency amount of $62,945 (10%) for a total contract amount of
$692,394.
4. Authorize the third amendment to an agreement with Tanko Lighting for
Construction Management and Consulting Services on various Capital Improvement
Programs (CIP) Projects, by increasing the contract amount by $156,914, for a total
contract amount not to exceed $306,914.
Written communications for this item included a desk item report with staff responses to
councilmember questions and emails to Council.
PUBLIC HEARINGS – None
ACTION CALENDAR
11. Subject: City Manager’s First Quarter Financial Report for Fiscal Year (FY) 2024-25
(Continued from November 19, 2024)
Recommended Action: A. Accept the City Manager’s First Quarter Financial Report
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for Fiscal Year 2024-25; and
B. Adopt Resolution No. 24-106 approving Budget Modification No. 2425-367,
increasing appropriations by $331,128 fund by unassigned fund balance.
Presenter: Kristina Alfaro, Director of Administrative Services
Written communications for this item included a presentation.
Administrative Services Director Kristina Alfaro gave a presentation.
Councilmembers asked questions and made comments.
Mayor Mohan opened the public comment period and, seeing no one, closed the public
comment period.
MOTION: Fruen moved and Chao seconded the staff recommended action to:
A. Accept the City Manager’s First Quarter Financial Report for Fiscal Year 2024-25; and
B. Adopt Resolution No. 24-106 approving Budget Modification No. 2425-367,
increasing appropriations by $331,128 fund by unassigned fund balance.
The motion carried with the following vote: Ayes: Mohan, Fruen, Chao, and Moore. Noes:
None. Abstain: None. Absent: Wei.
12. Subject: Capital Improvement Program Photovoltaic Systems Design and Installation
Project.
Recommended Action: Approve the Capital Improvement Programs Photovoltaic
Systems Design and Installation Project conceptual design for three City of Cupertino
facilities: Community Hall, Cupertino Sports Center, and Quinlan Community Center.
Presenter: Susan Michael, Capital Improvement Programs Manager
Written communications for this item included a presentation, supplemental report with
staff responses to councilmember questions, and emails to Council.
Capital Improvement Programs Manager Susan Michael gave a presentation.
Councilmembers asked questions and made comments.
Mayor Mohan opened the public comment period and the following members of the public
spoke.
Jean Bedord
Rhoda Fry
Peggy Griffin
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Lisa Warren
San R
Caryl Gorska
Vidya
Mayor Mohan closed the public comment period.
MOTION: Fruen moved and Chao seconded the staff recommended action to approve the
Capital Improvement Programs Photovoltaic Systems Design and Installation Project
conceptual design for three City of Cupertino facilities: Community Hall, Cupertino Sports
Center, and Quinlan Community Center. Moore made a friendly amendment that any trees
that are removed will be replaced by a 24” box size tree which is climate appropriate or
California native, and those trees would be placed within City properties. (Fruen and Chao
accepted the friendly amendment). The amended motion carried with the following vote:
Ayes: Mohan, Fruen, Chao, and Moore. Noes: None. Abstain: None. Absent: Wei.
13. Subject: Approve the third amendment to the City Attorney’s employment contract
and revise the Appointed Employees’ Compensation Program
Recommended Action: A. Adopt Resolution No. 24-112 approving the third
amendment to the City Attorney’s employment contract;
B. Adopt Resolution No. 24-113 to amend the Appointed Employees’ Compensation
Program effective December 3, 2024; and
C. Adopt Resolution No. 24-114 approving Budget Modification No. 2425-370,
increasing appropriations by $19,691, resulting in the use of unassigned fund balance of
$19,691
Presenter: Kristina Alfaro, Director of Administrative Services
Written communications for this item included a desk item report with staff responses to
councilmember questions, Attachment G - Staff Report, Attachment H - Revised Draft
Resolution, Attachment I - Comparison Table for City Attorney Salaries, Attachment J -
First and Second Amendments to City Attorney Employment Agreement, and emails to
Council.
At 8:52 p.m., City Attorney Chris Jensen left the meeting.
Senior Assistant City Attorney Michael Woo gave a staff report.
Councilmembers asked questions and made comments.
Mayor Mohan opened the public comment period and the following members of the public
spoke.
City Council Minutes December 3, 2024
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Jean Bedord
Peggy Griffin
Louise Saadati
Glenn Fishler
Rhoda Fry
Housing Commissioner Connie Cunningham (representing self)
Debbie Timmers
Tracy K
San R
Sandhana Siva
Mayor Mohan closed the public comment period.
Mayor Mohan provided an oral summary of the recommended action.
MOTION: Fruen moved and Mohan seconded the recommended action to:
A. Adopt Revised Resolution No. 24-112 approving the third amendment to the City
Attorney’s employment contract (Attachment H);
B. Adopt Resolution No. 24-113 to amend the Appointed Employees’ Compensation
Program effective December 3, 2024; and
C. Adopt Resolution No. 24-114 approving Budget Modification No. 2425-370,
increasing appropriations by $19,691, resulting in the use of unassigned fund balance
of $19,691.
The motion carried with the following vote: Ayes: Mohan, Fruen, and Moore. Noes: Chao.
Abstain: None. Absent: Wei.
At 9:36 p.m., City Attorney Chris Jensen rejoined the meeting.
ITEMS REMOVED FROM THE CONSENT CALENDAR
10. Subject: Approval of a contract with Alta Planning + Design, Inc. for the Development
of an Active Transportation Plan (ATP) in the amount of $300,000.
Recommended Action: 1. Approve a contract services agreement with Alta Planning +
Design, Inc. in the amount of $300,000 for the development of a citywide Active
Transportation Plan.
2. Authorize the City Manager to execute the agreement and any necessary
amendments within the approved budget of $330,000.
3. Authorize the City Manager to execute any change orders up to a project contingency
amount of $30,000 (10%), for a total contract amount of $330,000.
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Written communications for this item included a supplemental report with staff responses
to councilmember questions, Attachment B - Request for Proposals, and emails 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.
Louise Saadati
Planning Commissioner Seema Lindskog (representing self)
Sandhana Siva
San R
Mayor Mohan closed the public comment period.
MOTION: Fruen moved and Mohan seconded the staff recommended action to:
1. Approve a contract services agreement with Alta Planning + Design, Inc. in the
amount of $300,000 for the development of a citywide Active Transportation Plan.
2. Authorize the City Manager to execute the agreement and any necessary
amendments within the approved budget of $330,000.
3. Authorize the City Manager to execute any change orders up to a project contingency
amount of $30,000 (10%), for a total contract amount of $330,000.
The motion carried with the following vote: Ayes: Mohan, Fruen, Chao, and Moore. Noes:
None. Abstain: None. Absent: Wei.
CITY MANAGER REPORT
City Manager Pamela Wu shared a video montage showing photos of recent events for the
Veterans Day Memorial and Cupertino Community Service Awards.
ORAL COMMUNICATIONS - CONTINUED – None
COUNCILMEMBER REPORTS
14. Subject: Councilmember Reports
Councilmembers reported on their various committees and events as provided in the
published agenda.
FUTURE AGENDA ITEMS
City Council Minutes December 3, 2024
Page 9
Chao and Moore added the following future agenda items:
• Review the City Work Program;
• Review the Cupertino City Council Procedures Manual; and
• Review the current list of future agenda items requested by City Councilmembers
(“TBD List”).
ADJOURNMENT
At 10:08 p.m., Mayor Mohan adjourned the Regular City Council Meeting.
Minutes prepared by:
Kirsten Squarcia, City Clerk