CC 09-17-2024
APPROVED MINUTES
CUPERTINO CITY COUNCIL
Tuesday, September 17, 2024
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 (6:47
p.m.) and Kitty Moore. Absent: Councilmember Hung Wei.
CLOSED SESSION REPORT – None
CEREMONIAL ITEMS
1. Subject: Recognition of Joe Simitian, Santa Clara County Supervisor for his service to
Cupertino
Recommended Action: Recognize Joe Simitian, Santa Clara County Supervisor
Santa Clara County Supervisor Joe Simitian made comments.
Mayor Mohan recognized Santa Clara County Supervisor Joe Simitian.
2. Subject: Recognition of September 21-27, 2024 as United Against Hate Week
Recommended Action: Recognize September 21-27, 2024 as United Against Hate Week
Mayor Mohan recognized September 21-27, 2024 as United Against Hate Week.
PRESENTATIONS
3. Subject: Annual Report of the Arts and Culture Commission
Recommended Action: Receive report of annual activities of the Arts and Culture
Commission
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Written communications for this item included a presentation.
Council received the report of annual activities of the Arts and Culture Commission.
4. Subject: Annual Report of the Housing Commission
Recommended Action: Receive report of annual activities of the Housing Commission
Written communications for this item included a presentation.
Council received the report of annual activities of the Housing Commission.
5. Subject: Annual Report of the Library Commission
Recommended Action: Receive report of annual activities of the Library Commission
Written communications for this item included a presentation.
Council received the report of annual activities of the Library Commission.
POSTPONEMENTS AND ORDERS OF THE DAY
MOTION: Chao moved and Fruen seconded to continue Item 8 Second reading of Ordinance
No. 24-2263 to the October 1, 2024 City Council Meeting. The motion carried with the following
vote: Ayes: Mohan, Fruen, Chao, and Moore. Noes: None. Abstain: None. Absent: Wei.
ORAL COMMUNICATIONS
Written communications for this item included emails to Council.
The following members of the public spoke:
Lisa Warren discussed Supervisor Joe Simitian’s public service and various proposed
developments.
Jennifer Griffin discussed Supervisor Joe Simitian’s public service, Bambi Larson, and
supportive housing.
Yuwen Su discussed regulations on sound amplification in parks.
Jerry Lami (representing West Coast Farmers Markets) discussed the Cupertino Farmers
Market.
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Kim discussed the De Anza Blvd Buffered Bike Lanes Project.
Rhoda Fry discussed Builder’s Remedy projects and the Housing Element.
Claudio Bono discussed Builder’s Remedy and the Housing Element.
San R discussed Council meeting procedures, De Anza Buffered Bike Lanes Project, and
proposed developments around Linda Vista Drive.
Tracy K discussed the City’s Investment Policy, proposed City Hall property acquisition, and
property downzoning.
CONSENT CALENDAR (Items 6-10)
Item 9 was removed from the Consent Calendar by Councilmembers Chao and Moore.
Mayor Mohan opened the public comment period and, seeing no one, closed the public
comment period.
MOTION: Fruen moved and Moore seconded to approve the items on the Consent Calendar
except as indicated. The motion carried with the following vote: Ayes: Mohan, Fruen, Chao,
and Moore. Noes: None. Abstain: None. Absent: Wei.
Item 9 was placed after the Action Calendar for consideration per rule.
6. Subject: Approve the September 4, 2024 City Council minutes
Recommended Action: Approve the September 4, 2024 City Council minutes
7. Subject: Ratifying Accounts Payable for the periods ending August 2, 2024; August 9,
2024; August 9, 2024 MISC; August 16, 2024; August 23, 2024 and August 30, 2024
Recommended Action: A. Adopt Resolution No. 24-085 ratifying Accounts Payable for
the Period ending August 2, 2024;
B. Adopt Resolution No. 24-086 ratifying Accounts Payable for the Period ending
August 9, 2024;
C. Adopt Resolution No. 24-087 ratifying Accounts Payable for the Period ending
August 9, 2024 MISC;
D. Adopt Resolution No. 24-088 ratifying Accounts Payable for the Period ending
August 16, 2024;
E. Adopt Resolution No. 24-089 ratifying Accounts Payable for the Period ending
August 23, 2024; and
F. Adopt Resolution No. 24-090 ratifying Accounts Payable for the Period ending
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August 30, 2024
8. Subject: Second reading of Ordinance No. 24-2263 “An Ordinance of the City Council
of the City of Cupertino amending Table 11.24.150 of the Cupertino Municipal Code
Relating to Prohibition of Parking along certain streets.”
Recommended Action: Conduct the second reading and enact Ordinance 24-2263, “AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING
TABLE 11.24.150 OF THE CUPERTINO MUNICIPAL CODE RELATING TO
PROHIBITION OF PARKING ALONG CERTAIN STREETS.”
David Stillman, Transportation Manager
As noted under Postponements and Orders of the Day, this item was continued to the
October 1, 2024 City Council Meeting.
10. Subject: Adopt a resolution increasing the employer's contribution for medical and
hospitalization insurance consistent with the Public Employees’ Medical and Hospital
Care Act (“PEMHCA” or the “Act”) for retired annuitants hired with the City of
Cupertino prior to August 2004
Recommended Action: Adopt Resolution No. 24-091 increasing the employer's
contribution for medical and hospitalization insurance for retired annuitants hired with
the City of Cupertino prior to August 2004
PUBLIC HEARINGS – None
ACTION CALENDAR
11. Subject: Designation of Residential Permit Parking (RPP) on the north side of Lauretta
Drive between Ann Arbor Avenue to 200 feet east of Ann Arbor Avenue, the south side
of Lauretta Drive between Ann Arbor Avenue and a point 150 feet east of Ann Arbor
Avenue, and on Ann Arbor Avenue between Lauretta Drive and Hazelbrook Drive.
Recommended Action: Conduct the first reading of and introduce Ordinance 24-2264,
entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING CITY CODE SECTION 11.27.145, DESIGNATION OF PREFERENTIAL
PARKING ZONES, TO ADD LAURETTA DRIVE BETWEEN ANN ARBOR AVENUE
AND A POINT 200 FEET EAST OF ANN ARBOR AVENUE (NORTH SIDE),
LAURETTA AVENUE BETWEEN ANN ARBOR AVENUE AND A POINT 150 EAST
OF ANN ARBOR (SOUTH SIDE), AND ANN ARBOR AVE BETWEEN LAURETTA
DRIVE AND HAZELBROOK DRIVE (DAILY, 7:00 A.M. TO 10:00 P.M.)"
Presenter: David Stillman, Transportation Manager
Written communications for this item included a presentation and emails to Council.
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Director of Public Works Chad Mosley gave a presentation.
Councilmembers asked questions and made comments.
Mayor Mohan opened the public comment period and the following people spoke.
Jennifer Griffin
Kim
Constance Chao
Jessica Rose
Lloyd McKee
Mayor Mohan closed the public comment period.
MOTION: Fruen moved and Chao seconded to conduct the first reading of and
introduce Ordinance 24-2264, entitled "An Ordinance of the City Council of the City of
Cupertino amending City Code Section 11.27.145, Designation of Preferential Parking
Zones, to add Lauretta Drive Between Ann Arbor Avenue and a Point 200 Feet East of
Ann Arbor Avenue (North Side), Lauretta Avenue between Ann Arbor Avenue and a
Point 150 East of Ann Arbor (South Side), and Ann Arbor Ave between Lauretta Drive
and Hazelbrook Drive (Daily, 7:00 A.M. to 10:00 P.M.)." The motion carried with the
following vote: Ayes: Mohan, Fruen, Chao, and Moore. Noes: None. Abstain: None.
Absent: Wei.
12. Subject: Adoption of local amendments to the California Energy Code and repeal of
Municipal Code Chapter 16.32 (Local Sustainability Requirements for Newly Adopted
Buildings)
Recommended Action: Conduct a first reading of and introduce Ordinance No.
24-2265, entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO REPEALING MUNICIPAL CODE CHAPTER 16.32: LOCAL
SUSTAINABILITY REQUIREMENTS FOR NEWLY CONSTRUCTED BUILDINGS,
AND ADOPTING LOCAL AMENDMENTS TO CALIFORNIA ENERGY CODE”
Presenter: Christopher Jensen, City Attorney
Written communications for this item included a presentation.
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.
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Daniel Lin
San R
Mayor Mohan closed the public comment period.
MOTION: Fruen moved and Moore seconded the staff recommendation to conduct a
first reading of and introduce Ordinance No. 24-2265, entitled “An Ordinance of the
City Council of the City of Cupertino Repealing Municipal Code Chapter 16.32: Local
Sustainability Requirements for Newly Constructed Buildings, and Adopting Local
Amendments to California Energy Code.” The motion carried with the following vote:
Ayes: Mohan, Fruen, Chao, and Moore. Noes: None. Abstain: None. Absent: Wei.
At 8:33 p.m., Mayor Mohan recessed the meeting. The meeting reconvened at 8:43 p.m. with all
Councilmembers present (Wei absent).
ITEMS REMOVED FROM THE CONSENT CALENDAR
9. Subject: Future agenda items requested by City Councilmembers (“TBD List”)
Recommended Action: Review the TBD list and modify the list as recommended below
Written communications for this item included a desk item report, Updated Attachment
A - TBD List, and emails 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 the following people spoke.
Jennifer Griffin
Rhoda Fry
San R
Mayor Mohan closed the public comment period.
MOTION: Chao moved the staff recommendation on items not mentioned below, such
as #2, #3-#10, #11; and
• Create a sublist in TBD list for items to be considered for Council work program
o Keep #3 (community meeting requirement for any project requiring a general
plan amendment) and #14 on the Work Program sublist of the TBD list
• Revise #1 on investment policy to an agenda request for policy on management of
cash flow with short-term investment to maximize interest earnings, while providing
fluidity for cash flow
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o Info memo - on the Advantage Checking earning 3% interest
• Keep #9: Rephrase as “Council access to all closed session documents before and after
closed sessions”
• Add: Study session/memo on legal boundaries and parameters when downsizing a
Housing Element site or a non-Housing Element site
• Add: Study session/memo on legal requirements on CEQA oversights on projects and
agencies who provide oversight
• Add: Consider allowing limited use of sound amplification devices in parks, such as
it does not reach 50 feet away
o Maybe not allowed in nature preserve to not disturb wildlife
There was no seconder, and the motion was not considered.
MOTION: Moore moved and Chao seconded to:
• Keep Item 1 (City's financial policy and best practices); and
o consolidate with Item 13 (Investment Policy and Quarterly Treasurer’s Report
with Audit Committee); and
o revise to include cash flow management policy
• Keep Item 9 (Policy for closed session documents)
• Approve the staff recommendations for all other TBD List Items
• Receive an informational memo on “downzoning”
• Add a new TBD List item regarding sound amplification regulation in parks
• Remove Item 11 (Farmers Market)
AMENDMENT: Moore amended the motion to remove Item 1 from the TBD List and add
as a City Work Program item, including a cash flow management policy. (Chao accepted the
amendment).
The amended motion carried with the following vote: Ayes: Mohan, Fruen, Chao, and
Moore. Noes: None. Abstain: None. Absent: Wei.
CITY MANAGER REPORT – None
ORAL COMMUNICATIONS - CONTINUED - None
COUNCILMEMBER REPORTS
13. Subject: Councilmember Reports
Councilmembers reported on their various committees and events as provided in the
published agenda.
FUTURE AGENDA ITEMS
City Council Minutes September 17, 2024
Page 8
Council did not hear this item.
ADJOURNMENT
At 9:38 p.m., Mayor Mohan adjourned the Regular City Council Meeting.
Minutes prepared by:
Kirsten Squarcia, City Clerk