Cupertino Matters

Where did May go?  Memorial weekend is over, and summer is here.

The controversy over city council dysfunction continues. Majority council took several actions on May 9 to follow up the Grand Jury Report and the independent Fact Finding Report commissioned through the City Attorney’s office. One action was to remove Councilmembers Kitty Moore and Liang Chao from their committee assignments and to monitor their behavior for possible censure in the fall. At the same time, evidence that former mayor Darcy Paul interfered with hiring/firing decisions was forwarded to the District Attorney for consideration. What evidence the DA ultimately considered is unknown, but his office found that a one year statute of limitations applied, and issued a letter stating that there was “no evidence in the last year” of influence on hiring/firing so actions prior to May, 2022, could not be considered. The independent Fact Finding Report covered a longer period of time. The Mercury News covered the matter here.  

UPCOMING – CITY COUNCIL – Tues. June 6, 2023, 6:45, Regular Meeting

Agenda and Presentations (note new order for the agenda)

The Consent Calendar has ten routine items. Item No. 4 Consider executing an Agreement between the City of Cupertino (City) and the Cupertino Chamber of Commerce (Chamber) is likely to be pulled. The Chamber has had a strong mutually beneficial working relationship with the city for decades. This agreement codifies the relationship, explicitly identifying roles and responsibilities. The city faces reduction of their services, so having the Chamber provide services to the business community, particularly small businesses with employees is sound policy. The agreement is for $52,000 annually, considerably less than city costs in providing such services.

Members of the public may speak on any or all consent calendar items when the mayor asks for public comment on the Consent Calendar. If a member of the council pulls an item from the Consent Calendar, it will be addressed after all action items. Members of the public may comment on that item when it is considered.

Item No. 11 is a Public Hearing Consider approval of the renewal (with no increase) of the 1992 Storm Drain Fee and renewal of the 2019 Clean Water and Storm Protection Fee with a 3% increase. This should be a routine approval, with a minor increase in the one fee. In addition, minor tweaks to various components of the program are proposed.

Item No. 12 is Consider the Recommended Operating and Capital Improvement Program Budgets for Fiscal Year (FY) 2023-24, adoption of the Operating and Capital Improvement Program Budgets for FY 2023-24, establishment of the Appropriation Limit, and related actions. This will be a lengthy item incorporating feedback from the council study session and public town hall. The staff report is well worth reading as it details the budget cuts due to an audit by the California Department of Tax and Fee Administration (CDTFA). Per council direction at their last meeting, Community Grant Funding was restored along with Movies in the Park.

However, Festival Fee Waivers totaling $84,218 have been proposed for elimination in the draft document, including $43,051 for the Cherry Blossom Festival, voted the Best Festival in Silicon Valley. Cupertino is known for its festivals which attract many out-of-towners to spend money. Shouldn’t festivals be considered an economic development expense? Is the city being “penny-wise and pound-foolish”?

Council Reports and Comments will follow, then the City Manager Report. There is one  Informational Item: Informational Memorandum update on drought conditions

RECAP – PLANNING COMMISSION – Tues. May 25, 2023, 6:45 p.m. Regular Meeting

YouTube: 2 hr:28 min

Agenda and Presentations

There was a single action item: Consider a proposed mixed-use development with 34 residential units, 7,595 sq. ft. commercial space, and the removal and replacement of 51 development trees. (Application No(s): TM-2021-003, ASA-2021-004, DP-2021-002, U-2021-001, TR-2022-006, EA-2022-005; Applicant(s): Carlson Chan (Prospect Venture LLC); Location: 1655 S. De Anza Blvd., APNs 366-10-061, -126. This project was first submitted May, 2020, and has had three different planners during the approval process, a significant waste of resources. Discussion of the project was robust, with commissioners suggesting improvements to the e-bike program, storage and bike racks, as well as noting that balcony design needs additional codification. The commission unanimously recommended approval.


The front page photo and article on page 5 is entitled ‘Transformative leader’: Foothill-DeAnza Community College District names its eighth chancellor. Lee Lambert has led innovative workforce education programs at other institutions. Community briefs include (1) Cupertino Symphonic Band and (2) ‘Find Your Voice’ at library,  summer reading program. Page 6 is a Commentary entitled Santa Clara County indictment shows value of civil grand jury. There are no legal notices.


The front page photo and article on page 5 is entitled Paul & Eddie’s celebrates 80 years:  Father and son founded neighborhood bar in 1943. Community briefs include (1) Visionary teen and (2) Clean energy grants. Page 8 is a previously published Mercury News article entitled Emails reveal conduct of duo on council: Councilmembers accuse staffers of cutting backroom deals, criticize their work. Legal notices are (1) Renewal of storm drain fees, (2) Invitation to bid on Regnart Road Phase 1 Project and (3) First Reading of Ordinance to amend Stormwater Pollution Prevention and Watershed Protection..

Warm regards,
Jean Bedord
Cupertino Matters
Publisher and Editor