CC 02-21-2023 (Special)
APPROVED MINUTES
CUPERTINO CITY COUNCIL
Tuesday, February 21, 2023
SPECIAL MEETING
At 5:00 p.m., Mayor Hung Wei called the Special City Council Meeting to order in the
Cupertino Community Hall Council Chamber, 10350 Torre Avenue and via teleconference.
ROLL CALL
Present: Mayor Hung Wei, Vice Mayor Sheila Mohan, and Councilmembers Liang Chao, J.R.
Fruen and Kitty Moore. Absent: none.
ACTION CALENDAR
1. Subject: Consider City Hall Renovation Project update
Recommended Action: Staff requests City Council re-affirm the direction previously
provided for the City Hall Renovation Project
Presenter: Susan Michael, Capital Improvement Programs Manager
Written communications for this item included a staff presentation, Amended
Attachment B - City Council Timeline City Hall Project, Supplemental Staff Answers to
Councilmember Questions, and emails to Council.
Capital Improvement Programs Manager Susan Michael reviewed the staff report.
Councilmembers asked questions and made comments.
Mayor Wei opened the public comment period and the following people spoke.
Housing Commissioner Connie Cunningham (representing self) supported revisiting
the previous direction, choosing a long-term investment, and adding native plants.
Gary Latshaw supported discussions of climate change issues and conservation and a
life cycle cost analysis of a new building versus a renovated building.
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Peggy Griffin was concerned about cost and what the City can afford and supported the
previous direction for renovation and risk category.
Jean Bedord supported a change from the previous direction due to staff size increases,
seismic safety, City liability, energy efficiency, and sustainability goals.
Lisa Warren supported a risk category 4 retrofit and had cost concerns for a new build
and opposed comparisons with Sunnyvale’s new City Hall.
Jennifer Griffin supported overbuilding for future growth and sizing appropriately for
Cupertino, seismic safety for employees, and using the annex building.
Mayor Wei closed the public comment period.
Fruen moved and Wei seconded:
1. That staff suspend all work on the City Hall renovation plan considered at the City
Council meeting of November 15, 2022, not including the City Hall Annex project.
2. That staff, instead, return to Council with options for a new city hall and civic center
up to approximately 80,000 square feet including flexible events programming
space(s) suitable for events hosting up to 500 people and based primarily upon
options previously provided with the City Council at its meeting on November 15,
2022, with alternatives for such flexible events programming space at other city-
owned locations, to be considered as part of the City Council’s March 7 consideration
of the Capital Improvement Program.
Moore moved and Chao seconded a substitute motion to re-affirm the direction
previously provided for the City Hall Renovation Project. The substitute motion failed
with Moore and Chao voting yes.
Fruen’s main motion carried with Chao and Moore voting no.
ADJOURNMENT
At 6:13 p.m., Mayor Wei adjourned the Special City Council Meeting.
REGULAR MEETING
At 6:45 p.m., Mayor Wei called the Regular City Council Meeting to order and led the Pledge of
Allegiance in the Cupertino Community Hall Council Chamber, 10350 Torre Avenue and via
teleconference.
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ROLL CALL
Present: Mayor Hung Wei, Vice Mayor Sheila Mohan, and Councilmembers Liang Chao, J.R.
Fruen and Kitty Moore. Absent: none.
CLOSED SESSION REPORT - None
Mayor Wei recognized February as Black History Month.
CEREMONIAL ITEMS
1. Subject: Recognition of 2022 STEM Winners from the City of Cupertino who
participated in the Santa Clara County 2022 Synopsys Championship Science Fair
Recommended Action: Present Certificates of Recognition to 2022 STEM Winners from
the City of Cupertino who participated in the Santa Clara County 2022 Synopsys
Championship Science Fair
Santa Clara Valley Science and Engineering Fair Association (SCVSEFA) Board Member
Forrest Williams received the certificates of recognition on behalf of the participants.
Mayor Wei presented the certificates of recognition to the 2022 STEM Winners from the
City of Cupertino who participated in the Santa Clara County 2022 Synopsys
Championship Science Fair.
2. Subject: Consider a proclamation recognizing the Wafu School of Ikebana
Recommended Action: Present proclamation recognizing the Wafu School of Ikebana
Mrs. Fusako “Seiga” Hoyrup received the proclamation.
Mayor Wei presented the proclamation recognizing the Wafu School of Ikebana.
3. Subject: Consider a proclamation recognizing Mrs. Fusako “Seiga” Hoyrup, a principal
instructor of the Wafu School of Ikebana
Recommended Action: Present proclamation recognizing Mrs. Fusako “Seiga”
Hoyrup, a principal instructor of the Wafu School of Ikebana
Mrs. Fusako “Seiga” Hoyrup received the proclamation.
Mayor Wei presented the proclamation recognizing Mrs. Fusako “Seiga” Hoyrup, a
principal instructor of the Wafu School of Ikebana.
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POSTPONEMENTS AND ORDERS OF THE DAY - None
ORAL COMMUNICATIONS
Jennifer Griffin was concerned about public comment procedures, the “builders remedy” law
for housing development, and the Grand Jury report basis; and supported retail at Main Street.
Housing Commissioner Connie Cunningham (representing self) supported the removal of
Commissioner R Wang from the Planning Commission.
Don Halsey (representing Friends of Blackberry Farm) supported biodiversity and increasing
wildlife as part of a Blackberry Farm Golf Course restoration. (Submitted written comments).
Sunnyvale City Councilmember Richard Mehlinger (representing self) supported the removal
of Commissioner R Wang from the Planning Commission.
Lisa Warren opposed a proposed entertainment-use project in the former Target space at Main
Street Cupertino. (Submitted written comments).
Rhoda Fry opposed the approval of a sign at Public Storage and supported Council
reconsidering the approval due to the sign location and design impact on residents.
Neil Park-McClintick supported the removal of Commissioner R Wang from the Planning
Commission.
Fruen moved and Mohan seconded to suspend the Council Procedures rules for Oral
Communications and allow public comment to continue. The motion carried unanimously.
Danessa Techmanski opposed the Council’s February 7 approval of signage at Public Storage
due to the sign location, size, and aesthetics.
Peggy Griffin opposed comments against Commissioner R Wang and supported an EIR
process with public input for a proposed project in the former Target at Main Street and
providing monthly treasurers reports to Council.
Housing Commissioner Tessa Parish (representing self) opposed new Council procedures for
public comments and comments against Planning Commissioner R Wang.
Kamyab Mashian supported the steps taken by Council for good governance and the removal
of Commissioner R Wang from the Planning Commission.
Debra Timmers supported the removal of Commissioner R Wang from the Planning
Commission.
Parks and Recreation Commissioner Jennifer Shearin (representing self) supported acceptance
of the Grand Jury report findings and the removal of R Wang from the Planning Commission.
San R supported Council reconsideration of a sign approval at Public Storage due to the sign
location and traffic safety concerns, and review of the Sign Ordinance.
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Philip Nguyen supported the removal of Commissioner R Wang from the Planning
Commission.
Fruen moved and Mohan seconded to request that staff bring back an item for discussion on a
future agenda to remove Commissioner R Wang from the Planning Commission with a resolution
attached thereto.
CONSENT CALENDAR (items 4-9)
Mayor Wei opened the public comment period and, seeing no one, closed the public comment
period.
Fruen moved and Mohan seconded to approve the items on the Consent Calendar, except for
Items 5 and 6 which were pulled for discussion. Ayes: Wei, Mohan, Chao, Fruen, and Moore.
Noes: None. Abstain: None. Absent: None.
Items 5 and 6 were placed after the Action Calendar for consideration.
4. Subject: Consider approval of the January 25 City Council minutes (continued from
February 7)
Recommended Action: Approve the January 25 City Council minutes
7. Subject: Consider approval of the January 30 City Council minutes
Recommended Action: Approve the January 30 City Council minutes
8. Subject: Consider approval of the January 31 City Council minutes
Recommended Action: Approve the January 31 City Council minutes
9. Subject: Consider approval of the February 7 City Council minutes
Recommended Action: Approve the February 7 City Council minutes
Council recessed from 7:42 p.m. to 7:47 p.m.
PUBLIC HEARINGS - None
ACTION CALENDAR
10. Subject: Consider approval of response to 2022 Civil Grand Jury of Santa Clara County
Report entitled, “A House Divided" (continued from February 7)
Recommended Action: Approve response to 2022 Civil Grand Jury of Santa Clara
County Report entitled, “A House Divided"
Presenter: Christopher Jensen, City Attorney
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Page 6
Written communications for this item included Supplemental Staff Answers to
Councilmember Questions and emails to Council.
Council continued the consideration and deliberation from February 7. The public
comment period was closed and remained closed.
Mohan moved and Chao seconded to approve the draft response to 2022 Civil Grand
Jury of Santa Clara County Report entitled, “A House Divided." Council did not vote
on this motion.
Fruen moved and Wei seconded a substitute motion to approve response to 2022 Civil
Grand Jury of Santa Clara County Report entitled, “A House Divided" with
amendments:
- Re Finding 1
Change language to not overstate the city’s actions. Change last sentence in first
paragraph to:
In addition, the City continues to make policy progress in many areas—for
example, the City Council recently approved two significant large
development projects and a number of smaller developments in a timely
fashion, and the City continues to innovate in policy areas such as its response
to climate change and the reduction of single-use plastics.
- Re Finding 4 and elsewhere as the City Attorney deems appropriate or helpful to the
strength of the response:
Adding language to note:
1. the adoption of the Council Procedures Manual,
2. that the city will revisit its Ethics Policy using the 2018 policy as a starting
point for revision,
3. that the city will revisit the Commissioner’s Handbook to bring it into
alignment with the Council Procedures Manual and to address other concerns
raised by the Civil Grand Jury Report,
4. And that the City Attorney will investigate and report back on other
violations of the Municipal Code with respect to council-staff and
commissioner-staff relations so that the City Council may establish policy to
correct or prevent such violations in future.
Chao made a friendly amendment to Fruen’s substitute motion:
- Re Finding 4 and elsewhere as the City Attorney deems appropriate or helpful to the
strength of the response:
Adding language to note:
1. the adoption of the Council Procedures Manual,
2. that the city will revisit its Ethics Policy using the 2018 policy as a starting
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Page 7
point for revision,
Fruen declined Chao’s friendly amendment and it was not considered.
Chao moved and Moore seconded a substitute motion:
- Re Finding 4 and elsewhere as the City Attorney deems appropriate or helpful to the
strength of the response:
Adding language to note:
1. the adoption of the Council Procedures Manual,
2. that the city will revisit its Ethics Policy using the 2018 policy as a starting
point for revision,
Chao’s substitute motion failed with Chao and Moore voting yes.
Fruen’s substitute motion carried with Chao abstaining and Moore voting no.
11. Subject: Consider (1) adopting Resolution No. 23-026 to repeal and replace Resolution
No. 18-010, regarding the Legislative Review Committee; (2) establishment of an
Economic Development Working Group by the City Manager; (3) amending the
Cupertino Municipal Code to repeal Chapters 2.84 (Environmental Review
Committee), 2.90 (Design Review Committee), and 2.96 (Economic Development
Committee); to adopt Chapter 17.02 (California Environmental Quality Act), regarding
local environmental review procedures; and to amend Chapters 2.32, 2.88, 9.20, 19.08,
19.12, 19.28, 19.104, and 19.124, regarding the duties of the Planning Commission, Audit
Committee, and Local Assessment Committee; and (4) finding the above actions
exempt from the California Environmental Quality Act
Recommended Action: 1. Adopt Resolution No. 23-026 to repeal and replace
Resolution No. 18-010, regarding the Legislative Review Committee.
2. Conduct the first reading of Ordinance No. 23-2247 repealing Municipal Code
Chapters 2.84, 2.90, and 2.96, adopting Municipal Code Chapter 17.02, and amending
Municipal Code Chapters 2.32, 2.88, 9.20, 19.08, 19.12, 19.28, 19.104, and 19.124.
3. Find the actions exempt from the California Environmental Quality Act.
Presenter: Pamela Wu, City Manager
Written communications for this item included a staff presentation, Supplemental Staff
Answers to Councilmember Questions, and emails to Council.
City Manager Pamela Wu gave a presentation.
Councilmembers asked questions and made comments.
Mayor Wei opened the public comment period and the following people spoke.
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Jennifer Griffin opposed eliminating or changing committees.
Rhoda Fry opposed eliminating or changing committees and supported providing
committee information as part of the Council agenda and continuing meeting minutes.
Jean Bedord supported the staff recommendation regarding consolidation of committees
and dissolving subcommittees.
Peggy Griffin opposed eliminating committees and was concerned about representation
in the economic advisory working group and supported meeting minutes.
Parks and Recreation Commissioner Jennifer Shearin (representing self) supported the
staff recommendation.
Lisa Warren opposed eliminating committees and supported providing committee
information in Council agendas and supported transparency and meeting minutes.
Mayor Wei closed the public comment period.
City Clerk Kirsten Squarcia read the title of Ordinance No. 23-2247 repealing Municipal
Code Chapters 2.84, 2.90, and 2.96, adopting Municipal Code Chapter 17.02, and
amending Municipal Code Chapters 2.32, 2.88, 9.20, 19.08, 19.12, 19.28, 19.104, and
19.124.
Mohan moved and Fruen seconded to adopt the staff report on the committees. Fruen
made a friendly amendment to adopt the staff recommendation and waive the first
reading of Ordinance No. 22-2347 repealing Municipal Code Chapters 2.84, 2.90, and
2.96, adopting Municipal Code Chapter 17.02, and amending Municipal Code Chapters
2.32, 2.88, 9.20, 19.08, 19.12, 19.28, 19.104, and 19.124. (Mohan accepted the friendly
amendment). Fruen modified the friendly amendment to also adopt Resolution No. 23-
026 to repeal and replace Resolution No. 18-010, regarding the Legislative Review
Committee. (Mohan accepted the friendly amendment).
Chao moved and Moore seconded to pause the Council meeting procedures to allow
more time to discuss the item. The motion failed with Chao and Moore voting yes.
Chao moved and Moore seconded to adopt Resolution No. 23-026 to repeal and
replace Resolution No. 18-010, regarding the Legislative Review Committee with an
amendment to strike the following paragraph:
“WHEREAS the City Council finds that this delegation of authority is
inconsistent with Municipal Code section 2.17.031, which provides that the
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Page 9
authority of the City Council “cannot be delegated to individual Council
members, nor to committees composed of council members consisting of less
than a quorum of the City Council”
Chao’s motion failed with Chao and Moore voting yes.
Moore moved and Chao seconded a substitute motion to approve the staff
recommendation as modified:
1. Adopt Resolution No. 23-026 to repeal and replace Resolution No. 18-010, regarding
the Legislative Review Committee;
2. Conduct the first reading of Ordinance No. 23-2247 as recommended with the
modification to retain 2.96 (Economic Development Committee) and remove the change
to 2.88 (Audit Committee); and
3. Find the actions exempt from the California Environmental Quality Act.
Moore’s substitute motion failed with Chao and Moore voting yes.
Mohan’s amended main motion carried with Chao and Moore voting no.
Motion Summary:
Mohan moved and Fruen seconded and amended motion to adopt the staff
recommendation:
1. Adopt Resolution No. 23-026 to repeal and replace Resolution No. 18-010, regarding
the Legislative Review Committee; and
2. Conduct the first reading of Ordinance No. 23-2247 repealing Municipal Code
Chapters 2.84, 2.90, and 2.96, adopting Municipal Code Chapter 17.02, and amending
Municipal Code Chapters 2.32, 2.88, 9.20, 19.08, 19.12, 19.28, 19.104, and 19.124; and
3. Find the actions exempt from the California Environmental Quality Act.
Ayes: Wei, Mohan, and Fruen. Noes: Chao and Moore. Abstain: None. Absent: None.
Council recessed from 9:59 p.m. to 10:02 p.m.
ITEMS REMOVED FROM THE CONSENT CALENDAR
The following items were pulled from the Consent Calendar and placed after the Action
Calendar for discussion.
Wei moved and Fruen seconded to hear Item 6 before Item 5. The motion carried with Chao
voting no and Moore abstaining.
6. Subject: Consider adoption of a resolution establishing the Commemorative Bench
Dedication Policy and waiving the commemorative fee for Marilyn Francesco .
(continued from February 7)
Recommended Action: Adopt Resolution No. 23-024 (Attachment A) establishing the
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Commemorative Bench Dedication Policy and allow a one-time waiver of the policy for
Marilyn Francesco.
This item was pulled from the Consent Calendar for discussion.
Written communications for this item included Supplemental Staff Answers to
Councilmember Questions and emails to Council.
Acting Public Works Director Chad Mosley answered questions.
Councilmembers asked questions and made comments.
Mayor Wei opened the public comment period and the following people spoke.
Jennifer Griffin supporting naming I-280 after Steve Jobs, adopting a memorial bench
policy, and looking at policies in other cities.
Peggy Griffin supported bench location alternatives, involving the Parks and Recreation
Department in the process, changes to the policy, and denying the fee waiver request.
Mayor Wei closed the public comment period.
Fruen moved and Wei seconded to adopt Resolution No. 23-024 establishing the
Commemorative Bench Dedication Policy and allow a one-time waiver of the policy for
Marilyn Francesco. Council did not vote on this motion.
Chao moved and Moore seconded a substitute motion:
- Deny the request to place a citizen-bought plaque to place on an existing park bench
without making any donation nor comply with any existing policy.
- Revise Resolution No. 23-XXX to Parks and Rec Commission to advise a procedure
II. GOVERNING RULES AND REGULATIONS
1. The Department of Public Works Parks and Recreation will accept donations for
benches that commemorate or recognize a person provided that all provisions of
the policy are met.
2. The Director of Public Works Parks and Recreation, in consultation with Parks
and Recreation Commission, shall establish a procedure for applying for
placement of a commemorative bench and has the authority to approve or deny
any bench donation.
3. The City will only accept bench donations that commemorate, memorialize, or
recognize an individual or family by name who has a direct connection to the City
of Cupertino. No organizations or groups will be considered.
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4. Only one bench shall be dedicated to any single person or family, unless there is
a compelling reason for additional dedications as shall be determined by the
Director of Public Works.
- Add on the application to describe the connection to Cupertino.
Chao’s substitute motion failed with Chao and Moore voting yes.
Wei moved and Chao seconded to extend the meeting past 11:00 p.m. to continue
consideration of Item 6. The motion carried unanimously.
Chao moved and Moore seconded a substitute motion to approve the staff
recommendation to adopt Resolution No. 23-024 establishing the Commemorative
Bench Dedication Policy. Chao’s substitute motion carried with Wei and Mohan voting
no.
Fruen moved and Wei seconded to waive the Commemorative Bench Dedication Bench
Policy to allow a one-time waiver for the policy for Marilyn Francesco. Fruen’s motion
carried with Chao and Moore voting no.
Chao moved and Mohan seconded to extend the meeting to 11:20 p.m. to consider Item 5. The
motion carried with Moore abstaining.
Motions Summary:
1. Chao moved and Moore seconded a substitute motion to approve the staff
recommendation to adopt Resolution No. 23-024 establishing the Commemorative
Bench Dedication Policy. Chao’s substitute motion carried with Wei and Mohan voting
no.
2. Fruen moved and Wei seconded to waive the Commemorative Bench Dedication
Bench Policy to allow a one-time waiver for the policy for Marilyn Francesco. Fruen’s
motion carried with Chao and Moore voting no.
5. Subject: Consider ratifying Accounts Payable for the period ending November 13, 2022
(continued from February 7)
Recommended Action: Adopt Resolution No. 23-023 ratifying Accounts Payable for the
period ending November 13, 2022
This item was pulled from the Consent Calendar for discussion.
Written communications for this item included Supplemental Staff Answers to
Councilmember Questions and emails to Council.
City Council Minutes February 21, 2023
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Mayor Wei opened the public comment period and the following people spoke.
Peggy Griffin was concerned about accounts payable items being missed in reports and
supported transparency.
Mayor Wei closed the public comment period.
Councilmembers asked questions and made comments.
Administrative Service Director Kristina Alfaro answered questions.
Fruen moved and Mohan seconded to adopt Resolution No. 23-023 ratifying Accounts
Payable for the period ending November 13, 2022.
Moore moved and Chao seconded a substitute motion postpone approval until Council
has received the requested consultant services contract and receipt information. The
substitute motion failed with Chao and Moore voting yes.
Fruen’s main motion carried with Moore voting no.
COUNCIL REPORTS AND COMMENTS
Council did not hear this item.
CITY MANAGER REPORT
Council did not hear this item.
ORAL COMMUNICATIONS - CONTINUED – None
INFORMATIONAL ITEMS
12. Subject: Consider the Monthly Treasurer's Report for December 2022 (continued from
February 7)
Recommended Action: Receive the Monthly Treasurer's Report for December 2022
The information was provided to Council.
13. Subject: Informational memorandum regarding retail square footage analysis of Main
Street (continued from February 7)
Recommended Action: Receive the informational memorandum on the retail square
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footage analysis and the provisions for restaurant use at the Main Street Cupertino
project
The information was provided to Council.
COUNCIL AND STAFF COMMENTS AND FUTURE AGENDA ITEMS
Council did not hear this item.
As noted under Oral Communications, two Councilmembers added a future agenda item to
discuss removing Commissioner R Wang from the Planning Commission (Fruen/Mohan).
ADJOURNMENT
At 11:13 p.m., Mayor Wei adjourned the Regular City Council Meeting.
___
Kirsten Squarcia, City Clerk