CC 07-02-2024 (Special)
APPROVED MINUTES
CUPERTINO CITY COUNCIL
Tuesday, July 2, 2024
SPECIAL MEETING
At 5:30 p.m., Mayor Sheila Mohan 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 Sheila Mohan, Vice Mayor J.R. Fruen, and Councilmembers Liang Chao, Kitty
Moore, and Hung Wei. Absent: none.
ACTION CALENDAR
1. Subject: Accept the Enterprise Risk Assessment Final Report and FY 2024-25 Internal
Audit Work Plan
Recommended Action: 1. Accept the Enterprise Risk Assessment Final Report
2. Accept the FY 2024-25 Internal Audit Work Plan
Presenter: Kristina Alfaro, Director of Administrative Services
Written communications for this item included a consultant presentation and an email to
Council.
Colleen Rozillis, Partner at Moss Adams, gave a presentation.
Councilmembers asked questions and made comments.
Mayor Mohan opened the public comment period and the following people spoke.
Donna Austin
Parks and Recreation Commissioner Claudio Bono (representing self)
San R
Jennifer Griffin
Mayor Mohan closed the public comment period.
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MOTION: Chao moved and Fruen seconded to:
1. Accept the Enterprise Risk Assessment Final Report; and
2. Accept the FY 2024-25 Internal Audit Work Plan.
The motion carried with the following vote: Ayes: Mohan, Fruen, Chao, Moore, and Wei.
Noes: None. Abstain: None. Absent: None.
ADJOURNMENT
At 6:40 p.m., Mayor Mohan adjourned the Special City Council Meeting.
REGULAR MEETING
At 6:46 p.m., Mayor Sheila Mohan 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.
ROLL CALL
Present: Mayor Sheila Mohan, Vice Mayor J.R. Fruen, and Councilmembers Liang Chao, Kitty
Moore, and Hung Wei. Absent: none.
CLOSED SESSION REPORT – None
CEREMONIAL ITEMS
1. Subject: Recognition of July as Parks and Recreation Month
Recommended Action: Recognize July as Parks and Recreation Month
Written communications for this item included supplemental Attachment A-
Proclamation.
Mayor Mohan recognized July as Parks and Recreation Month.
POSTPONEMENTS AND ORDERS OF THE DAY – None
ORAL COMMUNICATIONS
Written communications for this item included emails to Council.
The following members of the public spoke:
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Page 3
Jennifer Griffin discussed housing bill AB 1893: Housing Accountability Act.
R. Jerry Lami, representing West Coast Farmers Market Association, discussed the West Coast
Farmers Market. (Submitted written comments).
Lisa Warren discussed the acquisition of property located at 19400 Stevens Creek Blvd.
San R discussed the farmers market, the acquisition of property located at 19400 Stevens Creek
Blvd, and Council procedures.
Danessa Techmanski discussed the acquisition of property located at 19400 Stevens Creek Blvd.
CONSENT CALENDAR (Items 2-6)
Item 5 was removed from the Consent Calendar by Councilmember Chao.
Mayor Mohan opened the public comment period and, seeing no one, closed the public
comment period.
MOTION: Wei moved and Fruen seconded to approve the items on the Consent Calendar
except as indicated. The motion carried with the following vote: Ayes: Mohan, Fruen, Chao,
Moore, and Wei. Noes: None. Abstain: None. Absent: None.
Item 5 was placed after the Action Calendar for consideration per rule.
2. Subject: Approve the June 18, 2024 City Council minutes
Recommended Action: Approve the June 18, 2024 City Council minutes
3. Subject: Approve the June 19, 2024 City Council minutes
Recommended Action: Approve the June 19, 2024 City Council minutes
4. Subject: Second reading of Municipal Code Amendments to Chapter 19.48 (Fences),
Chapter 19.12 (Administration), and Chapter 19.08 (Definitions) and related CEQA
exemption. (Application No.: MCA-2024-001; Applicant: City of Cupertino; Location:
Citywide)
Recommended Action: Conduct the second reading and enact Ordinance No. 24-2260:
"AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO TO
AMEND MUNICIPAL CODE CHAPTER 19.08, CHAPTER 19.12, AND CHAPTER
19.48 REGARDING FENCES", which includes a finding to find the actions exempt from
CEQA.
6. Subject: Bridge Preventative Maintenance Program construction contract.
City Council Minutes July 2, 2024
Page 4
Recommended Action: 1. Award a construction contract for the Bridge Preventative
Maintenance Program in the amount of $1,647,475 with American Civil Constructors
West Coast LLC.;
2. Authorize the City Manager to execute the construction contract;
3. Authorize the Director of Public Works to execute any necessary change orders up to
a construction contingency amount of $164,750 (10%) for a total contract amount of
$1,812,225; and
4. Adopt Resolution No. 24-066 approving budget modification #2425-347, approving
an appropriation of $300,000 in the Transportation Fund (270) for the project (budget
unit 270-90-960) and a transfer of $300,000 from the Capital Reserve Fund (429) to the
Transportation Fund (270).
PUBLIC HEARINGS
7. Subject: Municipal Code Text, Specific Plan, Below Market Rate Mitigation Manual and
Zoning Map Amendments related to implementing the 6th Cycle Housing Element
(Application No.(s): MCA-2023-001, SPA-2023-001, CP-2024-002, Z-2024-001,
EA-2024-001; Applicant: City of Cupertino; Location: city-wide)
Recommended Action: That the City Council take the following actions for consistency
with the 6th Cycle Housing Element, and minor edits for clarity and compliance with
State law, as follows:
1. Conduct the first reading of Ordinance No. 24-2261 “An Ordinance of the City
Council of the City Of Cupertino Amending Various Chapters in Title 14, Title 17 And
Title 19, Including But Not limited to the Addition of Three New Chapters in Title 19, to
Implement Policies in the General Plan and for Clarity” (Attachment A) as further
described in the staff report; and
2. Adopt Resolution No. 24-067 approving amendments to the Heart of the City
Specific Plan and the Below Market Rate Housing Mitigation Manual to allow
implementation of the Housing Element and meet the requirements of State Law
(Attachment B): and
3. Conduct the first reading of Ordinance No. 24-2262 “An Ordinance of the City
Council of the City of Cupertino Rezoning Certain Sites in the City for Conformance
with General Plan and Housing Element” (Attachment C) to reflect changes to Priority
Housing Sites and other minor changes for internal consistency.
Presenters: Luke Connolly, Assistant Director of Community Development and Piu
Ghosh, Planning Manager
Written communications for this item included a staff presentation, a supplemental
report, and emails to Council.
Assistant Community Development Director Luke Connolly gave a presentation.
City Council Minutes July 2, 2024
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Councilmembers asked questions and made comments.
Mayor Mohan opened the public hearing and the following people spoke.
Lisa Warren
Jennifer Griffin
Yvonne Thorstenson
Housing Commissioner Connie Cunningham (representing self)
Jean Bedord
Louise Saadati
Sandhana Siva
Donna Austin
Phillip Nguyen
Danessa Techmanski
Sashi Begur
Parks and Recreation Commissioner Claudio Bono (representing self)
San R
Rod Sinks
Ju-Xiong Hughes
Venkatesan Ranganathan
Gauri Chawla
Call-In User_2
Mayor Mohan closed the public hearing.
MOTION: Chao moved and Moore seconded to approve the staff recommended action
plus a maximum 70 feet height limit in R-4 zones and a 20% difference between units in
a duplex.
FRIENDLY AMENDMENT: Fruen made a friendly amendment to increase the floor area
ratio to 65%. (Chao declined Fruen’s friendly amendment and it was not included in the
motion).
Council did not vote on this motion.
SUBSTITUTE MOTION: Fruen moved and Wei seconded a substitute motion to approve
the staff-recommended action as modified to:
1. Conduct the first reading of Ordinance No. 24-2261 “An Ordinance of the City
Council of the City of Cupertino Amending Various Chapters in Title 14, Title 17
And Title 19, Including But Not limited to the Addition of Three New Chapters in
Title 19, to Implement Policies in the General Plan and for Clarity” as further
described in the staff report; and
2. Adopt Resolution No. 24-067 approving amendments to the Heart of the City
City Council Minutes July 2, 2024
Page 6
Specific Plan and the Below Market Rate Housing Mitigation Manual to allow
implementation of the Housing Element and meet the requirements of State Law;
and
3. Conduct the first reading of Ordinance No. 24-2262: “An Ordinance of the City
Council of the City of Cupertino Rezoning Certain Sites in the City for
Conformance with General Plan and Housing Element” to reflect changes to
Priority Housing Sites and other minor changes for internal consistency.
Modifications:
With the following modest modifications reflected in the public comment to the
proposed Municipal Code amendments in Attachment A:
1. That with respect to the new R-4 zone, that the story restriction be removed;
2. That the change in definition of a "duplex" under Municipal Code Section 19.08.030
be removed;
3. That with respect to the duplex overlay implementing Strategy HE 1.3.6:
1. That the 55% floor area ratio be changed to 65%;
2. That the existing constraint of 1.5 enclosed and 1.5 exposed parking spaces per
dwelling unit be reduced to 1 enclosed and 1 exposed to align with
neighboring single-family R-1 standards;
3. That interior side yard set backs be set at a flat 5 feet to align with minimum
single-family R-1 standards; and
4. That the lot coverage standard be increased to 50%; and
4. That with respect to R-3 zones for developments up to 4 units, that the permissible lot
coverage be expanded to 50%; and
Further, to direct the City Manager to align and harmonize these standards in the
upcoming Objective Design Standards for our other zoning districts with a focus on
feasibility and architectural flexibility.
The substitute motion passed with the following vote: Ayes: Mohan, Fruen, and Wei.
Noes: Chao and Moore. Abstain: None. Absent: None.
At 9:11 p.m., Mayor Mohan recessed the meeting. The meeting reconvened at 9:22 p.m. with all
Councilmembers present.
ACTION CALENDAR
8. Subject: Review Lawrence-Mitty Park and Trail Project Final conceptual Design and
consider the proposed Initial Study/Mitigated Negative Declaration
Recommended Action: 1. Adopt Resolution No. 24-068, adopting Lawrence-Mitty Park
and Trail Project's Initial Study/Mitigated Negative Declaration; and
2. Approve the Lawrence-Mitty Park and Trail Project Final Conceptual Design
Presenter: Susan Michael, Capital Improvement Programs Manager
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Page 7
Written communications for this item included a staff presentation.
Mike Campbell, Director of Environmental Analysis, and Jan Eisland, Director of Parks
and Play, with MIG, Inc. gave a presentation.
Councilmembers asked questions and made comments.
Mayor Mohan opened the public comment period and the following people spoke.
Jennifer Griffin
Lisa Warren
San R
Mayor Mohan closed the public comment period.
MOTION: Fruen moved and Chao seconded a motion to:
1. Adopt Resolution No. 24-068, adopting Lawrence-Mitty Park and Trail Project's
Initial Study/Mitigated Negative Declaration; and
2. Approve the Lawrence-Mitty Park and Trail Project Final Conceptual Design
The motion passed with the following vote: Ayes: Mohan, Fruen, Chao, Moore, and Wei.
Noes: None. Abstain: None. Absent: None.
9. Subject: Repeal of the existing General Plan Amendment (GPA) Authorization
procedure and process
Recommended Action: Adopt Resolution No. 24-069 (Attachment A) repealing the
existing General Plan Amendment Authorization procedure and process and
rescinding Resolution 15-078
Presenter: Benjamin Fu, Director of Community Development
Written communications for this item included a staff presentation and emails to
Council.
Community Development Director Ben Fu gave a presentation.
Councilmembers asked questions and made comments.
Mayor Mohan opened the public comment period and the following people spoke.
Jennifer Griffin
Greg Endom, representing the owners of Marina Plaza
San R
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Page 8
Mayor Mohan closed the public comment period.
MOTION: Moore moved to direct staff to bring this item to the Planning Commission for
discussion on proposed community benefits and then a recommendation to the City
Council. There was no second and the motion died.
Chao and Wei added a future agenda item to consider a community meeting
requirement for any project requiring a general plan amendment, so when it comes to
the Planning Commission or City Council, there is community input on the amendment.
MOTION: Fruen moved and Wei seconded the staff recommended action to adopt
Resolution No. 24-069 repealing the existing General Plan Amendment Authorization
procedure and process and rescinding Resolution 15-078. Council did not vote on this
motion.
SUBSTITUTE MOTION: Moore moved and Fruen seconded a substitute motion to
approve the recommended action and to direct staff to send the community benefits
proposed by projects to the Planning Commission for review and recommendation to the
City Council. The substitute motion passed with the following vote: Ayes: Mohan,
Fruen, Chao, Moore, and Wei. Noes: None. Abstain: None. Absent: None.
MOTION: Wei moved and Mohan seconded to extend the meeting to consider Item 5. The
motion passed with the following vote: Ayes: Mohan, Fruen, Chao, Moore, and Wei. Noes:
None. Abstain: None. Absent: None.
ITEMS REMOVED FROM THE CONSENT CALENDAR
5. Subject: Status update for prior Internal Audit Work Plans in Fiscal Year (FY) 2021-22
and FY 2022-23
Recommended Action: Receive status update report for prior Internal Audit Work
Plans in FY 2021-22 and FY 2022-23
Written communications for this item included an email to Council.
This item was pulled from the Consent Calendar for discussion.
Councilmembers asked questions and made comments.
Mayor Mohan opened the public comment period and, seeing no one, closed the public
comment period.
City Council Minutes July 2, 2024
Page 9
MOTION: Wei moved and Fruen seconded a motion to receive status update report for
prior Internal Audit Work Plans in FY 2021-22 and FY 2022-23. The motion passed with
the following vote: Ayes: Mohan, Fruen, Chao, Moore, and Wei. Noes: None. Abstain:
None. Absent: None.
ADJOURNMENT
At 11:05 p.m., Mayor Mohan adjourned the Regular City Council Meeting per rule. There was no
Council discussion on the remaining agenda items.
CITY MANAGER REPORT
Council did not hear this item.
ORAL COMMUNICATIONS - CONTINUED – None
COUNCILMEMBER REPORTS
10. Subject: Councilmember Reports
Councilmembers reported on their various committees and events as provided in the
published agenda.
FUTURE AGENDA ITEMS
Council did not hear this item. As noted under Item 9, Chao and Wei added a future agenda
item to consider a community meeting requirement for any project requiring a general plan
amendment, so when it comes to the Planning Commission or City Council, there is community
input on the amendment.
Minutes prepared by:
__________________________
Kirsten Squarcia, City Clerk