Cupertino Matters

• Earth and Arbor Day – Sat., April 22
• RECAP – City Council, Thurs., April 13, 2023, Special Meeting 4:00 p.m

Spring festivals and events are happening in Cupertino!

Readers are invited to meet Cupertino Matters publisher and editor, Jean Bedord,  at the Cupertino for All booth at Earth and Arbor Day on Saturday, April 22 from 11 a.m. to 3 p.m at Library Field in Cupertino. This festival will feature more than 75 booths hosted by local nonprofits and businesses, hands-on activities, live entertainment, a family tour through Regnart Creek Trail, and more. Find resources, activities, and conversation to inspire residents, businesses, and community members to take action to reduce their own impact on our planet. Learn more at cupertino.org/earthday! The event will go on rain or shine.

The following weekend will feature the annual Cherry Blossom Festival on April 29 and 30 at Memorial Park. This is a traditional highlight of the spring festival season, with the full program available at https://www.cupertinocherryblossomfestival.org/

Mark your calendar for the annual Lehigh update hosted by County Supervisor Joe Simitian on April 26, 6:30 – 8:30 in Cupertino Community Hall. There will be a panel of representatives from various oversight agencies as well as members of the public who will be able to ask questions of the panel.

The Housing Element is inching along. There will be a public scoping meeting on Tuesday, April 18 at 6 to 7:30 pm. for participation in preparation of a program-level Subsequent Environmental Impact Report (SEIR) for the City of Cupertino General Plan 2040, and the associated Zoning Code amendments. The purpose of the meeting is to receive comments from members of the public, organizations, and interested public agencies on issues related to the physical environment that should be addressed in the EIR for the proposed project. This is the registration link..

The next city council meeting will occur on May 2.

RECAP – CITY COUNCIL – Thurs. April 13, 2023, 4:00 p.m. Special Meeting followed by Closed Session

Agenda and Presentations
YouTube: Part 1 –  1 hr. 32 min.; Part 2 – 3 hr. 14 min. beginning Item No. 5

The Consent Calendar Item No. 3 was pulled by Councilmember Chao for consideration after the action items.

Item No. 4: Consider the proposed development of a 282,320-square-foot office building with a detached 213,080-square-foot parking structure and removal and replacement of 113 trees subject to a Development Permit, Architectural and Site Approval, and Tree Removal Permit, and exemption from the California Environmental Quality Act. (Application No(s): DP-2021-001, ASA-2021-003, TR-2021-020; Applicant(s): Apple, Inc.; Location: 19191 Vallco Parkway; APN #316-20-117). The staff report detailed  compliance with the General Plan and city ordinances. The Apple presentation provided additional details which include a 2,300 sq. ft. commercial space well-suited for a bike shop to support the over 1,000 employees who commute daily to Cupertino, as well as students and residents. The project fits well with Apple’s $9.7 million support of bikes and trails. The four-story building will be a state-of-the-art structure with a public plaza  replacing a functionally obsolete two-story building designed around cars, rather than bikes and pedestrians. The project is expected to deliver roughly $7.0 million in fees and taxes (some of which are ongoing) to the city. After public comment and council discussion, the project was approved unanimously.

Item No. 5: Consider submitting a letter in support of, or otherwise regarding, Assembly Constitutional Amendment (“ACA”) 5, expressing the intent of the Legislature to amend the California Constitution to protect marriage equality.  After discussion, Council approved unanimously to submit letters of support for the repeal of 2008 Proposition 8.

Item No. 6: Consider the FY 2023-24 10-Year Budget Forecast Informational Update presentation. This was a tough session lasting just over two hours. The state is constantly making changes which affect municipal revenues. The California Department of Tax and Fee Administration (CDTFA) has targeted a sales tax agreement between the city of Cupertino and a major sales tax producer. Cupertino has long been overly dependent on a single major company for sales tax and other revenues–a weakness noted in the Moss-Adams Enterprise Risk Assessment Report. The preliminary number from the state is an ongoing reduction of $31 million (or approximately a 30% loss of revenue) according to a city press release, though this number is preliminary and represents a worst-case projection according to the staff presentation.

The Director of Finance provided an Informational Update on the impact, emphasizing that the forecast is a planning document, not the budget. Cupertino has substantial reserves which can be utilized to soften the impact for the next fiscal year, as the city seeks to stabilize finances and explore revenue generation strategies in addition to reductions in expenditures.

There will be a significant impact on the city, particularly staffing, but not immediately. The proposed budget will be printed the first week in May, with a study session scheduled for May 17. The session ended with notes from all councilmembers, including an admonition from the Mayor that we all confront this challenge together and underscoring Councilmember Fruen’s comment that “panic is the enemy of good policy making.”

Consent Item No. 3: Consider authorizing City funding of up to $2,200 for the visit to Sister City Hsinchu, Taiwan. Normally, this type of item wouldn’t appear on the council agenda. However, a peculiarity in the Sister Cities policy requires authorization for the city manager to travel with the mayor so it was put on the consent calendar. The council then proceeded to spend almost an hour questioning whether the city manager was “allowed” to travel at the invitation of the Taiwanese city manager to support Mayor Wei on her trip, even though the money was available in a small, special fringe benefit fund set aside for the city manager for travel and conferences. The Moss Adams report of role confusion and micromanagement, as well as the Grand Jury’s “councilmanic interference” findings, were on painful display through the commentary of Councilmembers Moore and Chao, with the city attorney finally calling Councilmember Chao to order at the end: “I believe Councilmember Chao has already spoken to this. We actually have important business to attend to in closed session tonight in contrast to what’s being done now which is simply kind of embarrassing to be up here listening to this.” The item was approved 3-2 with Councilmembers Chao and Moore voting nay.

CUPERTINO COURIER: April 14, 2023

The front page photo and article on page 5 is entitled A budding relationship: Cherry Blossom Festival celebrates Japanese sister city; Cupertino festival features blossoms, tea and rabbits. Community briefs include (1) Lehigh update meeting, (2) Spring events at McClellan, and (3) Picchetti poetry jaunt. Legal Notices include (1) RFP for McClellan Ranch Preserve and Stevens Creek Corridor Habitat Restoration, (2) Teen Commission vacancies, (3) Public meeting 2023-24 regarding CDBG, BMR, and HSG funding allocations, and (4) Public hearing at Planning Commission meeting on April 25 regarding  a Conditional Use Permit for sale of alcoholic beverages at a Chevron gas station at 11010 DeAnza Blvd.

Warm regards,
Jean Bedord
Cupertino Matters
Publisher and Editor