Cupertino City Council Meeting - June 9, 2022 (Live Streamed Version)

Introduction

The meeting begins with music playing in the background and the Mayor introducing the special meeting of the Cupertino City Council.

Roll Call

• The Mayor conducts a roll call to confirm attendance of all council members.

• A motion is made to hear item 39 first, followed by items 14 and 38. The motion is seconded and passed unanimously.

• Madam City Clerk conducts a roll call vote to approve hearing item 39 first.

Community Funding Grant Program

The council discusses the recommended action to consider funds for the community funding grant program.

Recommended Action

• The recommended action is to approve funds in the amount of $96,460.46 for the fiscal year 2022-23 community funding grant program.

• Council's role is to determine and approve final funding amounts for the program and provide direction to staff.

Time Management

• The Mayor reminds everyone that they have about four hours for this meeting due to a labor discussion in closed session at 6:30 pm.

• He suggests taking a collective effort to try and get this done within an hour.

Conclusion

• No further discussion or comments are made on this topic.

Introduction and Overview

The speaker discusses the need to conclude the meeting and move forward with upcoming fiscal year plans. They mention that time is of the essence and propose looking at staff proposals if progress is not made by 10:30.

Community Funding Grant Program

The speaker introduces item one, which is the community funding grant program. They confirm that there was no motion on the table when they continued this item. A default motion is put forth to adopt recommended grant allocations as examined and recommended by the parks and recreation commission.

Deliberation Process

• A council member seconds the default motion.

• Another council member raises concerns about supporting only newer, smaller nonprofits.

• Deliberation begins with a general statement from a council member who has experience serving on non-profit boards.

• The same council member argues in favor of supporting established, reputable organizations that contribute to the community in various ways.

• Another council member raises concerns about summer programs for economically disadvantaged students.

Conclusion

The transcript ends abruptly without any clear conclusion or resolution reached regarding item one of the community funding grant program.

Introduction

In this section, the speaker discusses the importance of supporting non-profit organizations in the community and highlights some of the valuable assets they bring to the community.

Supporting Non-Profits

• Everyone has a good cause, and there is no right or wrong in supporting who we choose to support.

• Non-profits are valuable assets to our community.

• We should support all projects if we have the money.

• It's important to support non-profits when they open up their time and volunteering for festivals.

Follow-Up Questions

In this section, council members ask staff follow-up questions about materials requested during Tuesday's meeting.

Written Communications

• Staff provides written communications that answer questions from Tuesday's meeting.

• The memo in written communications addresses questions from council member's motion on Tuesday night's meeting.

Reviewing Written Communications

In this section, council members review written communications provided by staff.

Reviewing Community Grant Funding Program

• Council member Moore requests someone from staff put up written communications on screen for review.

• Staff shares updated attachment c evaluation totals and parks and rec commission recommendation desk item.

• Council member Moore directs attention to blue and white striped table showing vendor invoice item detail description fiscal calendar 2018 19 20 21 and 22 grand total.

• Festival fee waiver requests were not included in packet but requirements were sent as an attachment.

Conclusion

The transcript covers a discussion about supporting non-profit organizations in the community and council members reviewing written communications provided by staff. The importance of supporting non-profits is highlighted, and it's noted that there is no right or wrong in supporting who we choose to support. Council members ask follow-up questions about materials requested during Tuesday's meeting, and staff provides written communications that answer those questions. Council members review the updated attachment c evaluation totals and parks and rec commission recommendation desk item.

Festival Fee Costs

In this section, Councilmember Moore expresses concern about the festival fee costs and waivers. She questions whether the proposal has come to council yet and clarifies that the waiver is a grant. She also raises concerns about gifting funds to a lobbying organization like the Chamber of Commerce.

Concerns About Festival Fee Waivers

• The waiver is a grant, and it might not cover the whole cost.

• Festival fee costs are not free, and they are a cost to the city.

• Giving funds to a lobbying organization like the Chamber of Commerce for political purposes is questionable.

• Some sister cities aren't receiving any waivers at all of festival fee costs, which raises equity concerns.

Clarifications from Staff

• The Parks and Recreation Commission is being asked to make recommendations rather than decisions.

• The Chamber of Commerce separates its 501c6 organization from its political action committee (PAC), so giving money to one does not necessarily mean supporting or opposing candidates.

Additional Information

• There was an item postponed that discussed $65,000 given to the Chamber of Commerce for them to make a website advertising their chamber.

Introduction

The council discusses the legal distinction between entities and fee waivers.

Legal Distinction Between Entities

• There was no contract for the money given.

• Fee waivers were presented as part of the proposed budget study session PowerPoint presentation.

• They get implemented as part of the final budget if council approves those fee waivers.

• Councilmember Moore suggests setting a cap on festival fee waivers at $90,000 with a maximum of $20,000 per entity and 501(c)(3) designation requirement.

Volunteer Fair Funding

The council discusses how to allocate funding for events such as the volunteer fair.

Allocation of Mayor's Budget

• Mayor's budget is $15,000 a year, allocated $7,500 for each half of the fiscal year.

• Staff suggested that funding for volunteer fair would come out of mayor's budget.

• Councilmember Moore questions how other items get on the list for consideration of an automatic waiver while historically established events like volunteer fair are not automatically waived.

• Councilmember Moore suggests finding another mechanism to fund events like these rather than relying on discretionary funding.

Funding for Non-Profit Organizations

In this section, the council discusses funding for non-profit organizations and a substitute motion proposed by Council Member Moore.

Removing Organizations from Primary List

• Council Member Moore proposes removing CUSD, FUHSD Foundation, and West Valley Community Services from the primary list of recommended non-profit organizations.

Vice Mayor Chow Seconds the Motion

• Vice Mayor Chow seconds Council Member Moore's substitute motion.

Discussion of Remaining Organizations

• There are nine organizations recommended by the Parks and Recreation Commission on page 303 of the original agenda packet from June 7th. The first, fourth, and ninth would be removed under Council Member Moore's substitute motion. This would leave six organizations to be funded.

Conflict of Interest Question

• Vice Mayor Chow asks about conflict of interest regarding council members who are members or officers of non-profit organizations seeking funding. Legal counsel Chris advises recusal if there is any financial or other interests that warrants it.

Recusal Remedy for Conflict of Interest

• Chris explains that recusing oneself from consideration of the item and leaving the meeting is the remedy for conflict of interest in this case. If necessary, items can be spread out and voted on separately.

I'm sorry, but I cannot provide a summary of the transcript without having access to it. Please provide me with the transcript so that I can create a comprehensive and informative markdown file.

Withdrawal of Motion

In this section, the council discusses withdrawing a motion and creating a new one.

Withdrawal of Second from Substitute Motion

• Vice Mayor Chow withdraws her second from the substitute motion.

• Councilmember Moore proposes a new motion to approve the recommended action while removing certain items and adding Young Zine.

Deliberation on New Motion

In this section, the council deliberates on Councilmember Moore's new motion.

Concerns with Other Organizations

• Vice Mayor Chow expresses concerns about other organizations that applied for grants.

• She believes that some do not meet grant guidelines or are not specific enough in their proposals.

Approval of Young Zine Grant

• The council approves adding Young Zine to the list of approved grants.

• Vice Mayor Chow suggests that they could have applied for a grant from Valley Water instead.

Funding for Community Organizations

In this section, the council discusses funding for various community organizations and programs. They discuss the need to explore additional funding sources and update the manual to make it clearer for organizations to identify specific projects that can be funded.

Councilmember Willie's Commentary

• Councilmember Willie supports the staff recommendation but also supports funding for Young Zine and STEM Boost programs.

• He suggests updating the manual to make it clearer for West Valley Community Services to identify specific projects that can be funded.

• He believes all organizations are great, but some may not meet requirements due to details in their proposals.

• He gives a shoutout to Friends of Deer Hollow, which did not ask for money this time.

Other Key Points

• The city should explore additional funding sources beyond relying solely on the city budget.

• Festivals such as Holly and Diwali Fest were funded by grants from Santa Clara Valley Water District, while Earth Fast Festival was not applied for by the city.

• STEM Boost program was unable to meet all requirements previously, but Councilmember Willie suggests revisiting its eligibility.

I'm sorry, but I cannot provide a summary of the transcript without having access to it. Please provide me with the transcript so that I can create a comprehensive and informative markdown file.

Introduction

The speaker introduces the topic and encourages the council members to focus on the motion at hand. Councilmember Moore seeks modifications to her motion, but the speaker questions whether it is necessary.

Motion Modifications

• Councilmember Moore seeks modifications to her motion.

• The speaker questions whether it is necessary to make modifications or if they should proceed with a vote.

Grant Amount Discussion

The discussion centers around grant amounts and staying within policy guidelines. Mayor Paul suggests adding more organizations to meet the policy range of $70,000-$90,000.

Adding More Organizations

• Mayor Paul suggests adding more organizations to meet policy guidelines.

• Mayor Paul believes that adding more organizations will help them stay within policy guidelines.

• West Valley Community Services' Gift of Hope would put the numbers squarely in line with policy guidelines.

Yang Zing Program Funding

• Vice Mayor Chow asks about funding for Yang Zing's program.

• Vice Mayor Chow expresses concern about funding an organization that charges for their program.

• Vice Mayor Chow believes that relaxing rules for one organization is unfair to others who did not apply because they thought they didn't qualify.

• Rochelle explains that Young Zine will use funding as scholarships for children rather than paying towards their program.

CT Fund Use

• Last year, there was interest in funding additional things like this providing assistance, but it is not within current grant community guideline.

Funding for Organizations

The council discusses funding for different organizations and whether to add new ones or continue funding existing ones.

Compassionate Care Program

• Parks and Rec did not recommend funding the Compassionate Care program.

• Councilmember asks if there are any concerns about the program, staff says there are none.

• Council decides to add Chinese American Coalition for Compassionate Care to the motion.

Young Zine Program

• Councilmember suggests adding Young Zine program but others express concern that it does not qualify under current guidelines.

• Council decides not to fund Young Zine program but adds West Valley Community Services and Chinese American Coalition for Compassionate Care to the motion.

Final Comments

The council makes final comments before ending the meeting.

• Councilmember Willie notes that some organizations are absent from the meeting.

• Meeting is adjourned.

Introduction

The council member moves the staff recommendation for an item on the agenda, but there is no second. A roll call vote is conducted and the motion carries with one recusal. The next item on the agenda is introduced.

• Council member moves staff recommendation for an item on the agenda.

• No second is given.

• Roll call vote is conducted and motion carries with one recusal.

• Next item on the agenda is introduced.

Storm Water Fees

Ursula Sirova, Environmental Programs Manager, presents information about two property-based fees in place to support compliance with municipal regional permit as regulated by California Regional Water Control Board and to support storm protection infrastructure work on storm drain system.

Renewal of Storm Drainage Fee

• Ursula Sirova presents information about two property-based fees in place to support compliance with municipal regional permit as regulated by California Regional Water Control Board and to support storm protection infrastructure work on storm drain system.

• Annual renewal process required in advance of county assessing fee on individual properties via property tax bills or direct billed by city.

• Certain entities are exempt from 1992 storm drainage fee such as city itself, county, fire district, and schools.

• Current rates for 2019 clean water and storm protection fee are sensitive to land area and land use commensurate to cost to provide service.

Recommendation for Clean Water Fee

• Council has option to increase clean water and storm protection fee at CPI with a three percent cap if actual program expenditures increase or fund balance is insufficient to cover shortfall.

• Staff recommends renewal of this fee with no increase for fiscal year 2223.

• Preventative responsive and educational activities funded by two fees ensure compliance with stormwater permit to prevent pollution to creeks and bay and maintain storm drain system.

• 1992 fees remain the same each year while clean water fee allows for an annual increase up to three percent.

• Staff is not recommending any increase to clean water fee for 2223.

• Expenses for fiscal use 2223 are expected to be above revenues, but there is an eligible balance in the environmental management clean creek special revenue fund fund 230 to cover the difference.

Storm Drainage Fee and Annual Budget for Stormwater Pollution Prevention

This section covers the requirements of the new municipal regional permit, the annual budget for stormwater pollution prevention, and rebate programs.

Requirements of New Municipal Regional Permit

• A new five-year permit was adopted in May with certain requirements phased in for 2023.

• Several new and expanded requirements will take additional staff time coordination and investment in green stormwater infrastructure.

Annual Budget for Stormwater Pollution Prevention

• The storm drainage infrastructure program includes money for several rainwater capture rebates and a cost-share program for low-income residents.

• Rebate programs have a first-come-first-served maximum budget of $12,500. Participation has not been as high as expected despite outreach efforts.

• The cost-share program is available to low-income property owners. 231 people have already qualified for this, but more residents are likely eligible to receive the fee reduction.

Nonpoint Source Program and Storm Drain Maintenance Audit

This section covers the audit process for nonpoint source program and storm drain maintenance revenues and expenses.

Audit Process

• Nonpoint source program and storm drain maintenance revenues and expenses are annually audited during the regular external audit.

• A full calendar year of expenses and revenues will be audited prior to bringing this item to council each year through an agreed-upon procedures audit established with finance staff.

• Both 2021 and 2022 are expected to be reviewed by the audit committee before appearing at council in 2023 for the next renewal cycle.

Recommended Actions

This section covers the recommended actions for renewing both fees at no increase.

Renewal of Fees

• The recommended action is to renew both fees at no increase.

Purpose of AB 1600 Storm Drain Fund

In this section, the council members discuss the purpose of the AB 1600 storm drain fund and request clarification on its intended use.

Purpose of AB 1600 Storm Drain Fund

• Council member Moore requests clarification on the purpose of the AB 1600 storm drain fund.

• City Manager Jim explains that the fund is used to expand the storm drain system for new housing or buildings.

• Council member Moore expresses confusion about the different funds and their purposes.

• City Manager Jim offers to provide more information offline.

Recommended Action: Set Fees Static

This section covers the recommended action to set fees static and approve two resolutions related to storm drain fees.

Renewal and Collection of Storm Drain Fees

• The recommended action is to set fees static and approve two resolutions related to storm drain fees.

• The first resolution approves renewal and collection of the 1992 storm drain fee with no increases in rates for fiscal year 22 to 23 starting on July 1st.

• The second resolution approves renewal and collection of the 2019 clean water and storm protection fee with no increases in rates for fiscal year 22 to 23 starting on July 1st.

Purpose of Municipal Code Section Related to Fees

In this section, council members discuss a specific section in the municipal code related to fees and request clarification on its purpose.

Purpose of Municipal Code Section Related to Fees

• Council member Moore requests clarification on the purpose of a specific section in the municipal code related to fees.

• Council member Moore expresses difficulty finding information about the fee's purpose in the agenda packet.

• Ursula, who works under fund 230, explains that it is for complying with the municipal regional stormwater permit and covers various activities such as education and inspections.

• Ursula also explains that there was added scope to help maintain infrastructure with the 2019 fee.

I'm sorry, but I cannot provide a summary of the transcript as there is no transcript provided. Please provide me with the transcript so that I can create a markdown file for you.

Council Meeting Discussion

This section covers a council meeting discussion on voting for increases and conducting a roll call vote.

Voting Against Increases

• Council member states commitment to not vote for any increases.

• Will be voting against any increase, even if it's another motion.

Roll Call Vote

• Madam city clerk conducts a roll call vote on the motion.

• Motion carries with 4 yes votes and 1 no vote.

Break Time

This section covers the break time during the council meeting.

Taking a Break

• Council takes a brief break at 9:30 PM.

• Will resume at 9:38 PM to discuss work plan item.

Work Plan Item Discussion

This section covers the discussion of work plan item during the council meeting.

Final Priority Ranking of Adopted Fiscal Year City Work Program

• Astrid presents final priority ranking of adopted fiscal year city work program.

• Attachment A shows council member ratings compiled into attachment.

Request for Modification

• Member of public requests modification to include council member names in attachment A.

• Astrid shares new document with modified attachment A that includes council member names alphabetically by last name except for top two rankings which remain anonymous as originally requested by staff.

Presentation Summary

• Original item was put on consent to show final ranking of 38 items adopted by council on May 17th, 2021.

Introduction and Review of Agenda Items

In this section, Esther presents the agenda items for review. She mentions that scrolling through all the items will take a few minutes and suggests referring to everyone's accessible material. She also notes that there is no motion requested here, just receiving.

Review of Agenda Items

• Esther reviews the project tasks and objectives, including old priority numbers to show changes throughout.

• She notes that most items stayed the same with some changes during final prioritization but were adopted in the final work program.

• Esther mentions that any items with the same rating were tied so the number continues.

• The agenda will be posted as written communication on page 452 to 463 of a 1517-page packet from Tuesday, July 7th.

Public Comment on Homeless Jobs Program

In this section, Josh Silo speaks about his support for the homeless jobs program and shares a testimonial from one of its clients.

Testimonial from Homeless Jobs Program Client

• Josh shares a testimonial from one of the clients who participated in the program this year. The client returned to full employment, received rapid rehousing, was reunited with her children, learned new life skills and how to be more responsible.

Introduction and Clarifying Questions

In this section, the council members ask clarifying questions about the presentation. They discuss the rankings of CIP items and how they overlap with the city work program. They also inquire about other cities' practices regarding combining their CIP items into their city work program.

Rankings of CIP Items

• Council member points out that seismic retrofit and upgrade is ranked number seven in the presentation but fell low on the list when they ranked CIPs.

• Director Jim explains that this is his first city where they have a city work plan instead of an operational budget plus a CIP budget. He says that whatever is approved becomes part of the budget.

• Director Matt adds that even if there are 38 items in the work plan, they are not bound to them, nor will staff get all 38 items done or addressed over the course of the fiscal year.

Combining CIP Items into City Work Program

• Council member asks if other cities combine their CIP items into their city work program.

• Director Jim says that he has never seen it before, but in this case, they have a city work plan 2 which could be adopted by itself just like a CIP could be adopted by itself.

• Director Matt says that there tend to be some items that were CIP but ended up on the work program because it adds emphasis to those items being important to the council.

Conclusion

In this section, Director Matt concludes by saying that while the work plan process is a well-formed document, it does not absolutely bind them to how they proceed going forward. He advises the council to examine the rankings as they are but not to get too lost in the weeds of it.

Introduction

The speaker discusses the budget and how it affects the city's progress. Council members provide feedback on various programs, including a jobs program that has garnered interest from other cities.

Budget Discussion

• The budget is where "the rubber meets the road" in terms of progress for the upcoming fiscal year.

• Feedback is given on a jobs program that has garnered interest from other cities.

Work Plan Items

Council members discuss work plan items and their feasibility. They also discuss the importance of having items on the work plan to track progress.

Feasibility of Work Plan Items

• There are 35 work plan items, but some may be beyond staff's ability to accomplish.

• The city manager believes that staff can realistically accomplish what is on the work plan.

• A seismic upgrade for City Hall is discussed as an important item.

• Quarterly updates will be requested for this item.

Importance of Work Plan Items

• Work plan items are important to track progress and answer calls from the community.

• Parking analysis at City Hall and Community Center is suggested as another item to add to the work plan.

Moving Forward with CIP and Budget

The council moves on to discussing CIP (Capital Improvement Program) and budget, which will determine what projects will be financially supported in the upcoming fiscal year.

Moving Forward with CIP and Budget

• The council moves on to discussing CIP (Capital Improvement Program) and budget, which will determine what projects will be financially supported in the upcoming fiscal year.

Introduction and Overview

The city council is meeting to consider supplemental information for the capital improvements program and to consider the recommended budget for fiscal year 22-23 starting on July 1st. The presentation will cover changes since the proposed budget was printed on May 1st, revenues, expenditures, and fund balance by fund.

Proposed Budget Changes

• The proposed budget has increased by $0.8 million due to operating changes and timing of the city work program and capital improvement program.

• City work program projects and transfers are increasing the budget by $800,000.

• Capital improvement program and transfers are increasing the budget by $3.5 million leading to a proposed budget as of June 9th of $130.6 million.

Revenues, Expenditures, and Fund Balance

• General fund expenditures are $95.2 million funded by revenues of $94.7 million with a fund balance of about $500,000.

• Total expenditures for all funds are $130.6 million funded by revenues of $130.2 million with a fund balance of $361,000.

Operating Changes

• Assistant city manager and legislative aid positions were added at a management analyst level based on information to seek.

• Economic development fuse fellow was removed.

• Community funding requests recommended by parks and recreation commission were added after June 7th meeting totaling $96,461 but approved today for a new total of $69,461.

Grant from California Governor's Office of Emergency Services (Cal OES)

• CUPICHINO was awarded a grant worth one million dollars from Cal OES to help initiate the business continuity resilience program which will provide.

City Council Meeting Budget Discussion

This is a transcript of a city council meeting where the proposed budget for the upcoming fiscal year is being discussed. The meeting covers changes to revenue estimates, operating expenses, and capital improvement projects.

Proposed Budget Changes

• An increase of $300,000 to Senate Bill One gas tax revenue estimate.

• Removal of fixed asset requests for vehicle and equipment replacement.

• Total expenses are $117,768 and total revenues are $1.3 million.

City Work Program Projects

• Lost and Middle School bikeway and Vision Zero were already included in the printed proposed budget.

• Visitor center and youth work projects are currently on hold until additional staff resources can be allocated.

• Study session on city-owned properties and Blackberry Farm golf course needs assessments are budgeted in the CIP budget.

• Total expenses are $844,000 and total revenues are $107,500.

Capital Improvement Program

• Adjustments have been made at council direction to the list of projects that came forward in the proposed budget.

• Redlined through some of the projects that we think the council is not supporting based on motions that we've heard in previous meetings.

Next Steps

• Plan to publish adopted budget in July or August.

• Present first quarter report to city council in November updating them on year-end results for current fiscal year as well as update council on first quarter results for next fiscal year.

Overall, this was a discussion about changes made to the proposed budget for the upcoming fiscal year. The changes included an increase in gas tax revenue estimates, removal of fixed asset requests, and adjustments to capital improvement projects. The meeting also covered the city work program projects and the capital improvement program. The next steps involve publishing the adopted budget in July or August and presenting a first quarter report to city council in November.

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