CC 07-16-2024 (Special)
APPROVED MINUTES
CUPERTINO CITY COUNCIL
Tuesday, July 16, 2024
SPECIAL MEETING
At 5:00 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.
PUBLIC HEARINGS
1. Subject: Lease agreement with San Jose Water Company for the operation of the
Cupertino Municipal Water System
Recommended Action: Adopt Resolution No. 24-071 authorizing the City Manager to
execute a lease agreement with San Jose Water Company for the operation of the
Cupertino Municipal Water System
Presenter: Jimmy Tan, Assistant Director of Public Works
Written communications for this item included a staff presentation.
Assistant Director of Public Works Jimmy Tan gave a presentation.
Councilmembers asked questions and made comments.
Mayor Mohan opened the public hearing and the following people spoke.
San R
Mayor Mohan closed the public hearing.
MOTION: Moore moved and Fruen seconded to adopt Resolution No. 24-071 authorizing
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the City Manager to execute a lease agreement with San Jose Water Company for the
operation of the Cupertino Municipal Water System. The motion carried with the
following vote: Ayes: Mohan, Fruen, Chao, Moore, and Wei. Noes: None. Abstain: None.
Absent: None.
ADJOURNMENT
At 5:30 p.m., Mayor Mohan adjourned the Special City Council Meeting.
REGULAR MEETING
At 6:45 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
City Attorney Chris Jensen conducted the open session report regarding the Special Meeting
Closed Session held on June 19. City Attorney Jensen reported that the City Council voted
unanimously to authorize the City to negotiate and execute a settlement agreement related to
the impact fees for the Vallco Rise Development Project. The details of that agreement are
described in the July 16 agenda packet with agenda Item 10. The Council will be discussing two
fee waivers related to that settlement agreement when that item is heard.
CEREMONIAL ITEMS – None
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:
Tracy K discussed a development project application on Scofield Drive and acquisition of
property at 19400 Stevens Creek.
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Anita Chamraj discussed a development project application on Scofield Drive.
Rajiv Chamraj discussed a development project application on Scofield Drive.
Rusty Britt discussed a development project application on Scofield Drive.
Edward J. Britt discussed a development project application on Scofield Drive.
R. Jerry Lami, representing West Coast Farmers Markets, discussed the Farmers Market.
(Submitted written comments).
Vivek Sagdeo discussed a development project application on Scofield Drive.
Dr. Anjali Sagdeo discussed a development project application on Scofield Drive.
Barbara Yang discussed a development project application on Scofield Drive.
Jennifer Griffin discussed a development project application on Scofield Drive and the Los Altos
Housing Element.
Lisa Warren discussed bird safe and dark sky regulations. (Submitted written comments).
Toby Leavitt, representing San Francisco Shakespeare Festival, discussed Free Shakespeare in
the Park.
Li Jiang discussed a development project application on Scofield Drive.
Gordon Lu discussed a development project application on Scofield Drive.
Mayshine Huang discussed a development project application on Scofield Drive.
Kevin Lu discussed a development project application on Scofield Drive.
Beverly Batson discussed homeless shelters and safety.
R Wang discussed community engagement and City Commission meeting schedules.
Sashi Begur discussed multi-unit housing and a development project application on Scofield
Drive.
Rhoda Fry discussed a development project application on Scofield Drive, acquisition of
property at 19400 Stevens Creek, and the Farmers Market.
Stephanie discussed an SB 330 development project application on Scofield Drive.
San R discussed homeless encampments and U.S. Supreme Court ruling: Grants Pass v. Johnson.
Kamyab Mashian discussed an SB 330 development project application on Scofield Drive.
Fruen requested an informational memorandum regarding an SB 330 preliminary housing
development application on Scofield Drive.
Chao and Moore requested a future agenda item to consider the Farmers Market on Sundays as
a community amenity for Cupertino on either Torre Avenue or other locations in the City.
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CONSENT CALENDAR (Items 1-9)
Item 1 was removed from the Consent Calendar by Councilmember Chao and Item 7 was removed
by Councilmember Moore.
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.
Items 1 and 7 were placed after the Action Calendar for consideration per rule.
2. Subject: Approve the Amended June 19, 2024 City Council minutes
Recommended Action: Approve the Amended June 19, 2024 City Council minutes
3. Subject: Approve the June 26, 2024 City Council minutes
Recommended Action: Approve the June 26, 2024 City Council minutes
4. Subject: Approve the June 27, 2024 City Council minutes
Recommended Action: Approve the June 27, 2024 City Council minutes
5. Subject: Approve the July 2, 2024 City Council minutes
Recommended Action: Approve the July 2, 2024 City Council minutes
6. Subject: Ratifying Accounts Payable for the periods ending June 7, 2024; June 14, 2024;
June 21, 2024; and June 28, 2024
Recommended Action: A. Adopt Resolution No. 24-072 ratifying Accounts Payable for
the period ending June 7, 2024;
B. Adopt Resolution No. 24-073 ratifying Accounts Payable for the period ending June
14, 2024;
C. Adopt Resolution No. 24-074 ratifying Accounts Payable for the period ending June
21, 2024; and
D. Adopt Resolution No. 24-075 ratifying Accounts Payable for the period ending June
28, 2024
8. Subject: Approve a Third Amendment with M-Group for planning services for an
additional $22,000 for a total not-to-exceed amount of $221,200
Recommended Action: Authorize the City Manager to execute a Third Amendment with
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M-Group for $22,000 in additional planning services delivered through June 30, 2024, for
a total compensation amount of $221,200
9. Subject: Annual Evaluation Report on the Federal Emergency Management Agency
(FEMA) Community Rating System's (CRS) Program for Public Information
Recommended Action: Adopt Resolution No. 24-076 accepting the Annual Evaluation
Report for Fiscal Year 2024 (Year 3) of the 2021 Santa Clara County Multi-Jurisdictional
Program for Public Information
PUBLIC HEARINGS – None
ACTION CALENDAR
10. Subject: Waiver of Below Market Rate Housing Mitigation Fees (“BMR Fees”) and
Zoning/Planning Municipal Code Fees (“Planning Fees”) imposed on Vallco/Rise SB 35
project (10101-10330 North Wolfe Road)
Recommended Action: Adopt Resolution No. 24-077 waiving BMR and Planning Fees
imposed on the Vallco/Rise SB 35 project
Presenter: Christopher Jensen, City Attorney
Written communications for this item included a staff presentation, a supplemental report
with staff responses to councilmember questions, Amended Attachment C - Draft
Resolution, and emails to Council.
City Attorney Christopher Jensen gave a presentation.
Councilmembers asked questions and made comments.
Mayor Mohan opened the public comment period and the following people spoke.
Jennifer Griffin
Jean Bedord
Reed Moulds, representing the Rise
Parks and Recreation Commissioner Claudio Bono (representing self)
Louise Saadati
Sandhana Siva
Philip Nguyen
Shivani Kavuluru
Glenn Fishler
Rhoda Fry
Kamyab Mashian
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Lisa
Danessa Techmanski
San R
Gauri Chawla
Mayor Mohan closed the public comment period.
MOTION: Wei moved and Mohan seconded to adopt Resolution No. 24-077 waiving BMR
and Planning Fees imposed on the Vallco/Rise SB 35 project. The motion carried with the
following vote: Ayes: Mohan, Fruen, Moore, and Wei. Noes: Chao. Abstain: None. Absent:
None.
At 9:08 p.m., Mayor Mohan recessed the meeting. The meeting reconvened at 9:19 pm. with all
Councilmembers present.
ITEMS REMOVED FROM THE CONSENT CALENDAR
1. Subject: Receive the FY 2022-23 Annual Comprehensive Financial Report (ACFR)
(Continued from July 9, 2024)
Recommended Action: Receive the FY 2022-23 Annual Comprehensive Financial
Report (ACFR)
Written communications for this item included a supplemental report with staff responses
to councilmember questions and emails to Council.
Councilmembers asked questions and made comments.
Mayor Mohan opened the public comment period and the following people spoke.
Jean Bedord
Rhoda Fry
Shivani Kavuluru
Mayor Mohan closed the public comment period.
MOTION: Fruen moved and Chao seconded to receive the FY 2022-23 Annual
Comprehensive Financial Report (ACFR). The motion carried with the following vote:
Ayes: Mohan, Fruen, Chao, Moore, and Wei. Noes: None. Abstain: None. Absent: None.
7. Subject: Second reading of Municipal Code Amendments and Zoning Map Amendments
to ensure conformance with the Housing Element and related CEQA exemption.
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(Application No.: MCA-2023-001, Z-2024-001; Applicant: City of Cupertino; Location:
Citywide)
Recommended Action: 1. Conduct the second reading and enact 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); and
2. Conduct the second reading and enact 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 B) to reflect changes to Priority
Housing Sites and other minor changes for internal consistency.
Written communications for this item included a supplemental report with staff responses
to councilmember questions and emails to Council.
Councilmembers asked questions and made comments.
Mayor Mohan opened the public comment period and the following people spoke.
Jennifer Griffin
Parks and Recreation Commissioner Claudio Bono (representing self)
Louise Saadati
Sandhana Siva
Peggy Griffin (submitted written comments)
Rhoda Fry
Kamyab Mashian
Shivani Kavuluru
Glenn Fishler
Gauri Chawla
Mayor Mohan closed the public comment period.
MOTION: Wei moved and Chao seconded to:
1. Conduct the second reading and enact 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”; and
2. Conduct the second reading and enact 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.
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The motion carried with the following vote: Ayes: Mohan, Fruen, Chao, and Wei. Noes:
Moore. Abstain: None. Absent: None.
CITY MANAGER REPORT
City Manager Pamela Wu shared a video montage of photos featuring Summer Camps, the
Summer Concert Series, and the 4th of July Celebration.
ORAL COMMUNICATIONS - CONTINUED - None
COUNCILMEMBER REPORTS
11. Subject: Councilmember Reports
Councilmembers reported on their various committees and events as provided in the
published agenda.
FUTURE AGENDA ITEMS
• Wei and Moore added an item to consider updating the City policy on homeless
encampments in light of the U.S. Supreme Court ruling: Grants Pass v. Johnson.
• Chao and Moore added an item to consider a policy to provide access to documents made
available for closed sessions ahead of time with proper security measures. Accordingly,
Councilmembers can read the materials before and after a closed session.
• Moore and Chao added an item to consider the City Clerk being appointed by and
reporting to the City Council.
• As noted under Oral Communications, Chao and Moore requested an item to consider the
Farmers Market on Sundays as a community amenity for Cupertino on either Torre
Avenue or other locations in the City.
ADJOURNMENT
At 10:35 p.m., Mayor Mohan adjourned the Regular City Council Meeting.
Minutes prepared by:
Kirsten Squarcia, City Clerk