CC 10-01-2024APPROVED MINUTES
CUPERTINO CITY COUNCIL
Tuesday, October 1, 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 and
Kitty Moore. Absent: Councilmember Hung Wei.
CLOSED SESSION REPORT – None
CEREMONIAL ITEMS
1.Subject: Recognition of 2nd week of October as Code Enforcement Officer
Appreciation Week
Recommended Action: Recognize 2nd week of October as Code Enforcement Officer
Appreciation Week
Mayor Mohan recognized the 2nd week of October as Code Enforcement Officer
Appreciation Week.
PRESENTATIONS
2.Subject: Annual Report of the Parks and Recreation Commission
Recommended Action: Receive report of annual activities of the Parks and Recreation
Commission
Written communications for this item included a presentation.
Council received the report of annual activities of the Parks and Recreation Commission.
3.Subject: Annual Report of the Teen Commission
Recommended Action: Receive report of annual activities of the Teen Commission
City Council Minutes October 1, 2024
Page 2
Written communications for this item included a presentation.
Council received the report of annual activities of the Teen Commission.
4. Subject: Annual Report of the Public Safety Commission
Recommended Action: Receive report of annual activities of the Public Safety
Commission
Written communications for this item included a presentation.
Council received the report of annual activities of the Public Safety Commission.
POSTPONEMENTS AND ORDERS OF THE DAY – None
ORAL COMMUNICATIONS
The following members of the public spoke:
Jennifer Griffin discussed three potential Senate Bill (SB) 330 projects on Stevens Creek
Boulevard.
Ying Sosic discussed the proposed Vista Heights and Evulich Court development projects.
Peggy Griffin discussed the written communication policy.
Lisa Warren discussed the written communication policy and consultant agreements.
Veronica Lentfer discussed the proposed Evulich Court development and Housing Element.
Helena Cohen discussed the proposed Vista Heights and Evulich Court development projects.
Rhoda Fry discussed Councilmember meeting attendance, the Byrne property, City Hall
project, BMR fund, and hotel and sales tax revenues.
Louise Saadati discussed Councilmember health concerns, the proposed Vista Heights and
Evulich Court developments, Builder’s Remedy, and Housing Element.
Parks and Recreation Commissioner Claudio Bono (representing self) discussed the Housing
Element and Builder’s Remedy.
City Council Minutes October 1, 2024
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Tracy Kosolcharoen discussed the proposed Evulich Court development and City Hall project.
David Yan discussed the proposed Evulich Court and Vista Heights development projects.
Chao requested an informational memo regarding the loss of sales tax from three pending SB
330 projects (Pizza Hut, United Furniture, and Panera sites) being rezoned from commercial
property to residential.
Chao requested an informational memo regarding the guidelines for councilmembers being
absent from city council meetings for 60 days.
Chao and Moore added a future agenda item for a study session on the SB 330 preapplication
process, zoning and downzoning, amending housing element sites.
CONSENT CALENDAR (Items 5-10)
Item 9 was removed from the Consent Calendar by Councilmember Chao.
Mayor Mohan opened the public comment period and the following members of the public
spoke.
Jennifer Griffin (Item 10)
Lloyd McKee (Item 7)
Cupertino Resident (Item 7)
San R (Items 5 and 7)
Mayor Mohan closed the public comment period.
MOTION: Fruen moved and Chao 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.
MOTION: Fruen moved and Moore seconded to move Item 9 to be heard before the public
hearing. The motion carried with the following vote: Ayes: Mohan, Fruen, Chao, and Moore.
Noes: None. Abstain: None. Absent: Wei.
Item 9 was placed before Public Hearings.
5. 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,” prohibiting parking along the
west side of Vista Dive between Forest Avenue and Merritt Drive. (Continued from
City Council Minutes October 1, 2024
Page 4
September 17, 2024)
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.”
[Note: First Reading Agenda Item: Implementation of an on-street two-way Class IV
bike lane on Vista Drive and Forest Avenue (Alternative 3) along the Lawson Middle
School frontage and prohibition of parking along the west side of Vista Dive between
Forest Avenue and Merritt Drive for the accommodation of Class IV bicycle lanes and
adoption of an Ordinance Municipal Code Table 11.24.150, relating to prohibition of
parking along certain streets.]
6. Subject: Approve the September 17, 2024 City Council minutes
Recommended Action: Approve the September 17, 2024 City Council minutes
7. Subject: Second reading of Ordinance No. 24-2264, designating a Residential Permit
Parking (RPP) Zone 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, daily between 7 a.m. and 10
p.m.
Recommended Action: Conduct the second reading and enact Ordinance No. 24-2264,
"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 FEET
EAST OF ANN ARBOR AVENUE (SOUTH SIDE)AND ANN ARBOR AVE BETWEEN
LAURETTA DRIVE AND HAZELBROOK DRIVE (DAILY, 7:00 A.M. TO 10:00 P.M.)"
Written communications for this item included emails to Council.
8. 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 the second reading and enact Ordinance No. 24-2265,
“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”
10. Subject: Adoption of the 2023 Santa Clara County Multijurisdictional Hazard
City Council Minutes October 1, 2024
Page 5
Mitigation Plan Volume 1 Base Plan and Volume 2 City of Cupertino Annex
Recommended Action: Adopt Resolution No. 24-093 adopting the 2023 Santa Clara
County Multijurisdictional Hazard Mitigation Plan Volume 1 Base Plan and Volume 2
City of Cupertino Annex
ITEMS REMOVED FROM THE CONSENT CALENDAR
9. Subject: Approve a design-build project delivery method for the Photovoltaic Systems
Design and Installation Capital Improvement Program Project.
Recommended Action: 1. Authorize the City Manager to undertake a design-build
project delivery method for the Photovoltaic Systems Design and Installation Capital
Improvement Program Project; and
2. Adopt Resolution No. 24-092 approving the procurement of a design-build contract
for the Photovoltaic Systems Design and Installation Capital Improvement Program
Project.
Written communications for this item included a supplemental report with staff
responses to councilmember questions.
This item was removed from the consent calendar for discussion.
Councilmembers asked questions and made comments.
Mayor Mohan opened the public comment period and the following members of the
public spoke.
San R
Peggy Griffin
Lisa Warren
Jennifer Griffin
Mayor Mohan closed the public comment period.
Moore requested an informational memo regarding the City's current electricity bill
costs, kilowatt hours usage, and the estimated usage of the proposed photovoltaic solar
panels.
MOTION: Moore moved and Fruen seconded the recommended action to:
1. Authorize the City Manager to undertake a design-build project delivery method for
the Photovoltaic Systems Design and Installation Capital Improvement Program
Project; and
2. Adopt Resolution No. 24-092 approving the procurement of a design-build contract
City Council Minutes October 1, 2024
Page 6
for the Photovoltaic Systems Design and Installation Capital Improvement Program
Project.
The motion carried with the following vote: Ayes: Mohan, Fruen, Chao, and Moore.
Noes: None. Abstain: None. Absent: Wei.
PUBLIC HEARINGS
11. Subject: Proposed amendments to Municipal Code Chapters 19.04 (General Provisions),
19.08 (Definitions), and 19.60 (General Commercial (CG) Zones) and Associated
Environmental Review. (Application No. MCA-2024-002; Applicant: City of Cupertino;
Location: City-wide)
Recommended Action
That the City Council conduct the public hearing and conduct the first reading of
Ordinance No. 24-2266 (Attachments A &B) adopt an ordinance to:
1. Find that the proposed actions are exempt from the California Environmental
Quality Act (CEQA) and CEQA Guidelines; and
2. Amend the following:
a. Chapter 19.04, General Provisions, and
b. Chapter 19.08, Definitions, and
c. Chapter 19.60, General Commercial (CG) Zones.
Written communications for this item included a presentation and a supplemental report
with staff responses to councilmember questions and new Attachment D.
Senior Planner Gian Martire gave a presentation.
Councilmembers asked questions and made comments.
Mayor Mohan opened the public hearing and the following members of the public
spoke.
Jennifer Griffin
Peggy Griffin
Planning Commissioner David Fung (representing the Planning Commission)
San R
Mayor Mohan closed the public hearing.
MOTION: Fruen moved and Mohan seconded the staff recommended action as amended
to conduct the first reading of Ordinance No. 24-2266, adopt an ordinance to:
1. Find that the proposed actions are exempt from the California Environmental
Quality Act (CEQA) and CEQA Guidelines; and
City Council Minutes October 1, 2024
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2. Amend the following:
a. Chapter 19.04, General Provisions, and
b. Chapter 19.08, Definitions, and
c. Chapter 19.60, General Commercial (CG) Zones.
Amendment:
Omit the deletion of the expression, “excluding convenience markets” from Table
19.60.030(1a).
The motion carried with the following vote: Ayes: Mohan, Fruen, and Moore. Noes:
Chao. Abstain: None. Absent: Wei.
At 9:04 p.m., Mayor Mohan recessed the meeting. The meeting reconvened at 9:14 p.m. with all
Councilmembers present (Wei absent).
ACTION CALENDAR
12. Subject: City-Owned Automated License Plate Reader (ALPR) Program and award of a
contract for the lease of ALPR cameras to Flock Safety for an amount not to exceed
$300,000
Recommended Action: 1. Adopt Resolution No. 24-094 establishing the City of
Cupertino ALPR Policy
a. Authorize the City Manager to negotiate and execute a memorandum of
understanding (MOU) between the County of Santa Clara and the City of Cupertino
regarding the use of ALPRs,
b. Authorize the City Manager to negotiate and approve an agreement with Flock
Safety to lease ALPR cameras not to exceed $185,000 for three years, with the option for
two additional years and a maximum total compensation of $300,000 (approximately
$60,000 annually)
Written communications for this item included a presentation and a supplemental report
with staff responses to councilmember questions.
Emergency Manager Tom Chin gave a presentation.
Councilmembers asked questions and made comments.
Mayor Mohan opened the public comment period and the following members of the
public spoke.
Jennifer Griffin
Peggy Griffin
Bicycle Pedestrian Commissioner Herve Marcy (representing self)
San R
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Mayor Mohan closed the public comment period.
MOTION: Chao moved and Moore seconded the staff recommended action to:
1. Adopt Resolution No. 24-094 establishing the City of Cupertino ALPR Policy;
2. Authorize the City Manager to negotiate and execute a memorandum of
understanding (MOU) between the County of Santa Clara and the City of Cupertino
regarding the use of ALPRs; and
3. Authorize the City Manager to negotiate and approve an agreement with Flock
Safety to lease ALPR cameras not to exceed $185,000 for three years, with the option
for two additional years and a maximum total compensation of $300,000
(approximately $60,000 annually).
The motion carried with the following vote: Ayes: Mohan, Fruen, Chao, and Moore.
Noes: None. Abstain: None. Absent: Wei.
CITY MANAGER REPORT
City Manager Pamela Wu shared a video montage of photos featuring the Pooch Plunge and
Bike Fest.
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
As noted under Oral Communications, Chao and Moore added a future agenda item for a
study session on the SB 330 preapplication process, zoning and downzoning, and amending
housing element sites.
City Manager Pamela Wu summarized the following informational memos that were requested
by Councilmembers:
• Property tax assessment on license plate readers relating to landscape and lighting
districts from the City of Saratoga LLAD (Landscape and Lighting Assessment District)
(Chao)
• Cupertino parkland impact fees and pending projects (Chao)
• City's current electricity bill costs and kilowatt hours usage, and how much estimated
usage that the proposed photovoltaic solar panels will be generating (Moore)
City Council Minutes October 1, 2024
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•Loss of retail sales tax from three pending Senate Bill (SB) 330 projects (Pizza Hut, United
Furniture, and Panera sites) being rezoned from commercial property to residential
(Chao)
•Guidelines for councilmembers being absent from city council meetings for 60 days
(Chao)
ADJOURNMENT
At 9:54 p.m., Mayor Mohan adjourned the Regular City Council Meeting.
Minutes prepared by:
_________________________
Kirsten Squarcia, City Clerk