Council Actions Newsletter
The members of the Cupertino City Council at Memorial Park on July 4 to help celebrate Cupertino's return to full Fourth of July community celebrations.
City Council Meeting - Special Meeting
Watch the July 7, 2022 Meeting (Part 1, Part 2) (Agenda)
City Council Actions:
Closed Session
1. Conference with Labor Negotiators
Council conducted a conference with labor negotiators pursuant to Government Code § 54957.6. Upon ending the closed session, Council conducted an open session report and stated that there was no reportable action.
Reports by Council and Staff
2. Councilmembers provided brief reports and announcements on their public activities since the prior regular Council meeting.
3. Councilmembers provided updates on their Committee assignments.
4. Councilmembers provided updates on their Subcommittee assignments.
5. City Manager provided updates on City business.
Consent Calendar
Council approved Items 6-11 on the Consent Calendar as recommended in the Agenda. Council pulled Item 12 for discussion.
12. Mitigation Measure NOISE-1 for Alan Row and Canyon Crossing Mixed-Use Project
Council moved to adopt:
- Resolution No. 22-081 approving a modification to Mitigation Measure NOISE-1 for 22690 Stevens Creek Boulevard (Alan Row) with a condition amendment of 14 days' notice of planned construction activities to businesses and residents; and
- Resolution No. 22-082 approving a modification to Mitigation Measure NOISE-1 for 10625 S. Foothill Boulevard (Canyon Crossing Mixed-Use Project) with a condition amendment of 14 days' notice of planned construction activities to businesses and residents.
Study Session
13. Consider Update on Drought Conditions and Ongoing Water Conservation Measures
Council received the update on drought conditions and the City of Cupertino's ongoing water conservation measures for City operations.
Individual councilmembers supported the following:
- A toilet exchange program in lieu of the toilet rebate program
- Continued collaboration with water companies for rebate programs and conservation programs
- Valley Water reservoir extension project and long-term infrastructure investments
- Conversions to support pollinators:
- Staff look into park areas not designated for sports fields and replant with native species
- Encourage lawn conversions to native planting on private parcels
- Encourage commercial property owners to reduce turf in parkway strips and in commercial areas
- Explore a municipal code amendment to address turf reduction and help pollinators
- Encourage conversion ideas:
- Neighborhood program to adopt brown lawn areas and replant with native species
- Grants for cities to convert to drought tolerant gardens
- Bring recycled water to Blackberry Farm Golf Course and other parts of the City
Ordinances and Action Items
14. Consider Conducting a First Reading of an Ordinance Amending Municipal Code Chapter 2.84: Environmental Review Committee (continued from June 21)
Council consented to table this item indefinitely.
15. Consideration of Municipal Code Amendments to the Cupertino Municipal Code, Title 2 to add Chapter 2.96 and Codify the Economic Development Committee
City Clerk Kirsten Squarcia read the title of Ordinance No. 22-2240: "An Ordinance of the City Council of the City of Cupertino Adding Chapter 2.96 of Title 2 (Administration and Personnel) to Codify the Economic Development Committee." Council took action to read Ordinance No. 22-2240, with Option B as the selected composition option, by title only, and that the City Clerk's reading constitutes the first reading thereof.
16. Consider Designating a Voting Delegate and Up to Two Alternates at the Annual Business Meeting During the League of California Cities Annual Conference & Expo
Council voted to designate Mayor Darcy Paul as the voting delegate and Vice Mayor Chao as alternate to vote at the Annual Business Meeting (General Assembly) during the League of California Cities Annual Conference & Expo that will be held from September 7 to 9.
City Council Meeting
City Council Actions:
Ceremonial Matters
1. Proclamation Recognizing July as Parks and Recreation Month
City Council presented a proclamation to recognize July as Parks and Recreation Month. Rachelle Sander, Acting Director of Parks and Recreation, received the proclamation.
Postponements and Orders of the Day
Council moved to hear Item 28 after 9 p.m. with the notion that if Council reached Item 28 before 9 p.m., the next item would be heard first.
Reports by Council and Staff
2. Councilmembers provided brief reports and announcements on their public activities since the prior regular Council meeting.
3. Councilmembers provided updates on their Committee assignments.
4. Councilmembers provided updates on their Subcommittee assignments.
5. City Manager provided updates on City business.
Consent Calendar
Council approved Items 6-14 and 19-24 as recommended in the Agenda. Council pulled Items 15-18 for discussion before postponing them to a future meeting.
Second Reading of Ordinances
25. Second Reading of Ordinance to Adopt a Name Change for the Fine Arts Commission to the Arts and Culture Commission
City Clerk Kirsten Squarcia read the title of ordinance No. 22-2241: "An Ordinance of the City Council of the City of Cupertino Amending Cupertino Municipal Code Chapter 2.80 and Sections 19.102.040, 19.148.030, 19.148.050, 19.148.060, and 19.148.090 to adopt a name change for the Fine Arts Commission to the Arts and Culture Commission." Council took action to:
- read Ordinance No. 22-2241 by title only, and that the City Clerk's reading constitutes the second reading thereof; and
- enact Ordinance No. 22-2241.
26. Second Reading for Municipal Code Amendments to the Cupertino Municipal Code, Title 2 to add Chapter 2.96 and Codify the Economic Development Committee
City Clerk Kirsten Squarcia read the title of Ordinance No. 22-2240: "An Ordinance of the City Council of the City of Cupertino Adding Chapter 2.96 of Title 2 (Administration and Personnel) to Codify the Economic Development Committee." Council took action to:
- read Ordinance No. 22-2240 by title only, and that the City Clerk's reading constitutes the second reading thereof;
- enact Ordinance No. 22-2240; and
- find that the proposed actions are exempt from the California Environmental Quality Act (CEQA).
Public Hearings
27. Consider Approval of Lien Assessment and Collection of Fees for Annual Weed and Brush Abatement Programs
Following staff presentation and discussion, Council took action to:
- conduct public hearing to consider objections from any property owners listed on the assessment report;
- adopt Resolution No. 22-089 approving the lien assessment and collection of fees on private parcels for the annual Weed and Brush Abatement Programs; and
- approve Budget Modification 2223-221 increasing appropriation by $1,579 in the City Manager's Department's City Clerk's Division (100-13-133 480-401).
Ordinances and Action Items
As noted under Postponements and Orders of the Day, Council heard Items 29 and 30 before Item 28.
29. Proposed Second Amendment to Employment Agreement for City Attorney
Council took action to:
- adopt Resolution No. 22-092, approving the Second Amendment to Employment Agreement with the City Attorney for the City of Cupertino and authorize the Mayor to execute the Agreement;
- adopt Resolution No. 22-093 amending the Appointed Employees' Compensation Program; and
- adopt Resolution No. 22-094 to approve Budget Modification 2223-225 increasing appropriations in the General Fund, City Attorney budget (100-15-141) by $24,192 for increased salary and benefit costs.
30. Senate Bill 1338 (Umberg) - The Community Assistance, Recovery, And Empowerment (CARE) Court Program
Following staff presentation and discussion, Council took action to adopt a watch position on Senate Bill (SB) 1338, as recommended by the Legislative Review Committee; and authorize the Mayor to send a letter to Santa Clara County Office of Supportive Housing and the County Board of Supervisors to ask for the position of the County on SB 1338.
28. Appointment of Pamela Wu as City Manager
Council took action to:
- adopt Resolution No. 22-090 approving the At-Will City Manager Employment Agreement between the City of Cupertino and Pamela Wu, and authorize the Mayor to execute the contract; and
- adopt Resolution No. 22-091 amending the Appointed Employees' Compensation Program.
31. Fiscal Policy Inventory and Gap Analysis Final Report
Council received the Fiscal Policy Inventory and Gap Analysis Final Report.
32. Capital Program Effectiveness Study Final Report
Council received the Capital Program Effectiveness Study Final Report.
33. Establishing a Fraud, Waste, and Abuse Program and First Reading of Ordinance Amending Municipal Code Section 2.88.100
City Clerk Kirsten Squarcia read the title of Ordinance No. 22-2243: "An Ordinance of the City Council of the City of Cupertino Amending Municipal Code Section 2.88.100: Audit Committee - Duties-Powers-Responsibilities." Council took action to:
- establish the fraud waste and abuse program; and
- read Ordinance No. 22-2243 by title only, and that the City Clerk's reading constitutes the first reading thereof.
34. Fiscal Year 2022-2023 Internal Audit Program
Council tabled this item to a future meeting.
35. Monthly Treasurer's Report Subcommittee's Recommendation
Following staff presentation and discussion, Council took action to:
- accept the monthly Treasurer's Report Subcommittee's recommendation to include Accounts Payable reports with the monthly Treasurer's Report reviewed by the Audit Committee; and
- accept staff's recommendation to not include Accounts Receivable reports and checking account statements with the monthly Treasurer's Report.
36. Selection of Councilmembers to Serve on City Hall Project Subcommittee
Council appointed Councilmembers Moore and Willey to serve on the City Hall Project Subcommittee, and to start meeting right away.
Mayor's Corner with Darcy Paul
Dear Friends and Neighbors,
I hope that you are doing well this Summer. In July, the City Council was pleased to be able to welcome in the start of our current fiscal year with a return to our normal July 4th celebrations in the City of Cupertino.
This year, the Fourth of July occurred on a Monday, and so on that Monday morning, the members of the City Council decked out in event-appropriate costume, visited the pancake breakfast hosted by the De Anza Optimist Club of Cupertino, conducted the Flag-raising at the Veterans Memorial, and led the Children’s Parade around Memorial Park. Afterward, we had the pleasure of celebrating with many people who came out to hear Arena Band play memorable favorites in our outdoor Amphitheater.
As we continue re-establishing our past traditional practices after a couple of years of establishing best practices and results as a community for responding to the covid pandemic, we are also taking the opportunity to reflect and act upon how we as a community can continue to improve. We are on the second round of Cupertino’s Climate Action Plan at this time. It is clear that years of special-interest influence and undisclosed motivations ended up leading us not just as a community, but on a much wider scale, as a species and as a planet, down paths that now are going to take a great deal of careful thought and concerted action to correct.
We have an opportunity at this moment, as our community takes a brief and well-deserved breather during the Summer, to consider how we can proceed with improving our inter-connecting spaces, such as with the Library Expansion that we opened up earlier this calendar year. We can reflect upon how we best proceed in a fiscally responsible, and really, a generally responsible, manner. At the moment, we are able to keep on being both careful about our City’s fiscal future but also attendant to the more immediate needs of our employee pool precisely because we have made decisions not to expend, for instance, many tens of millions of dollars on new civic space. Instead, we are looking at how best to proceed step-wise and how to optimize the consideration of the possibilities together. True, as a community we may well need eventually to look at more significant capital expenditures, but we will do so together, as a community, taking into cohesive effect the combined knowledge and wisdom of our community.
At the end of July, the Cupertino City Council looks forward to the remainder of our fiscal year with a great sense of hope and optimism for what is in store for us as a community. We will continue to build our partnerships with others through engaged and detail-oriented conversations, even when some of those details are not the ones that everyone wants to address honestly if at all. That is how, when you look around at Cupertino, we have built a community people can trust as a partner in the delivery of effective and innovative solutions. It is a community built upon honesty and disclosure.
We look at the upcoming months with positive anticipation. Upon the foundations we have built with our friends, past and present, we will be working to get the best out of everyone. The issues are often fervent. I thank our friends, partners and community members for seeing that the challenges we face when trying to make improvements are often met with entrenched interests, but that the reality of this is that such engagement also presents real opportunities when met properly. We will continue to do so.
Sincerely,
Darcy Paul
Mayor
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