CC 10-15-2024
APPROVED MINUTES
CUPERTINO CITY COUNCIL
Tuesday, October 15, 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, Kitty
Moore, and Hung Wei (participated remotely). Absent: None.
CLOSED SESSION REPORT
City Attorney Chris Jensen conducted the open session report. City Attorney Jensen
announced that the City has reached an agreement with the California Department of Tax and
Fee Administration (CDTFA) resolving a dispute regarding the allocation of sales and use tax
in the City. That settlement was approved by the City Council by a unanimous vote (5-0) on
February 21, 2024, in which they authorized the City Attorney to negotiate and execute a
settlement agreement. The settlement itself is confidential, but Agenda Item 8 is asking the City
Council to uncommit $74.5 million in reserves that were set aside for sales tax repayment
funds.
CEREMONIAL ITEMS – None
PRESENTATIONS
1. Subject: Annual Report of the Planning Commission
Recommended Action: Receive report of annual activities of the Planning Commission
Written communications for this item included a presentation.
Planning Commission Chair David Fung gave a presentation.
Councilmembers asked questions and made comments.
City Council Minutes October 15, 2024
Page 2
Council received the report of annual activities of the Planning Commission.
2. Subject: Annual Report of the Sustainability Commission
Recommended Action: Receive report of annual activities of the Sustainability
Commission
Written communications for this item included a presentation.
Sustainability Commission Chair Sonali Padgaonkar gave a presentation.
Councilmembers asked questions and made comments.
Council received the report of annual activities of the Sustainability Commission.
POSTPONEMENTS AND ORDERS OF THE DAY – None
ORAL COMMUNICATIONS
Written communications for this item included emails forwarded by Councilmembers.
The following members of the public spoke:
Dennis Whittaker (representing Cupertino Veterans Memorial Foundation and American
Legion Post 642) discussed the upcoming Veterans Memorial and the Wreaths Across America
events.
Ying Sosic discussed the proposed Vista Heights and Evulich Court development projects.
Jennifer Griffin discussed loss of retail space and three proposed Senate Bill (SB) 330 projects
along Stevens Creek Boulevard.
Peggy Griffin discussed election and voting information.
Jean Bedord discussed a candidate running for Cupertino City Council.
Lisa Warren discussed the monthly Chai and Chat events for community members.
Louise Saadati discussed various topics including economic development, Councilmembers,
governance, and City outreach.
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Parks and Recreation Commissioner Claudio Bono (representing self) discussed a City
Councilmember.
R Wang discussed various topics including community representation, governance, City
finances and infrastructure; and political signs.
San R discussed various topics including community representation, Council candidates and
councilmembers, and proposed City projects.
Vikram Saxena discussed political signs and a candidate running for Cupertino City Council.
Sashi Begur discussed a candidate running for Cupertino City Council, Council meeting
procedures, and political signs.
Ava Chiao discussed the Cupertino Union School District (CUSD) Measure Z School Bond
Measure.
Rhoda Fry discussed loss of retail space, a candidate running for Cupertino City Council, a City
lawsuit, and economic development.
Planning Commissioner Seema Lindskog (representing self) discussed a candidate running for
Cupertino City Council.
Tracy K discussed a candidate running for Cupertino City Council.
CONSENT CALENDAR (Items 3-5)
Mayor Mohan opened the public comment period and the following members of the public
spoke.
Peggy Griffin (Item 4)
Mayor Mohan closed the public comment period.
MOTION: Fruen moved and Moore seconded to approve the items on the Consent Calendar as
presented. The motion carried with the following vote: Ayes: Mohan, Fruen, Chao, Moore, and
Wei. Noes: None. Abstain: None. Absent: None.
3. Subject: Approve the October 1, 2024 City Council minutes
Recommended Action: Approve the October 1, 2024 City Council minutes
4. Subject: Ratifying Accounts Payable for the periods ending September 6, 2024;
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Page 4
September 13, 2024; September 20, 2024; and September 27, 2024
Recommended Action: A. Adopt Resolution No. 24-095 ratifying Accounts Payable for
the Period ending September 6, 2024;
B. Adopt Resolution No. 24-096 ratifying Accounts Payable for the Period ending
September 13, 2024;
C. Adopt Resolution No. 24-097 ratifying Accounts Payable for the Period ending
September 20, 2024; and
D. Adopt Resolution No. 24-098 ratifying Accounts Payable for the Period ending
September 27, 2024
5. Subject: Adoption of 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: Conduct the second reading and enact Ordinance No. 24-2266:
“AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO TO
AMEND MUNICIPAL CODE CHAPTERS 19.04 (GENERAL PROVISIONS), 19.08
(DEFINITIONS), AND 19.60 (GENERAL COMMERCIAL (CG) ZONES)”
PUBLIC HEARINGS – None
STUDY SESSION
6. Subject: Study Session on Unhoused Services and Programs
Recommended Action: Staff recommend the City Council to consider the following
options:
1. Continue the current model based on the City's Unhoused Task Force, Process for
Assisting Unhoused Residents, and partnerships with the County of Santa Clara to
measurably serve the City based on the relative needs of existing unhoused residents,
including continuing to seek partnerships and possible grant opportunities; or
2. Direct the City Manager to propose an item for the Fiscal Year 2025-2027 City Work
Program to develop an encampment management policy by evaluating examples from
other jurisdictions in the Bay Area and incorporating best practices for review by the
City Council.
Presenter: Tom Chin, Emergency Manager
Written communications for this item included staff and county presentations, a
supplemental report with staff responses to councilmember questions, and emails to
Council.
Interim City Manager Tina Kapoor introduced the item.
City Council Minutes October 15, 2024
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Emergency Manager Tom Chin and KJ Kaminski, Acting Director for the County of
Santa Clara Office of Supportive Housing (OSH), gave presentations.
Councilmembers asked questions and made comments.
At 8:50 p.m., Mayor Mohan recessed the meeting. The meeting reconvened at 9:00 p.m. with
all Councilmembers present.
Mayor Mohan opened the public comment period and the following members of the
public spoke.
Jennifer Griffin
Deborah Feng, representing the Cupertino Chamber of Commerce
Parks and Recreation Commissioner Claudio Bono (representing self)
Darcy
Belinda Hantout
Cassandra Magana, representing West Valley Community Services
San R
Venkat Ranganathan
Lisa
Mayor Mohan closed the public comment period.
MOTION: Chao moved and Moore seconded the recommended action Option 1, as
amended, to continue the current model based on the City's Unhoused Task Force,
Process for Assisting Unhoused Residents, and partnerships with the County of Santa
Clara to measurably serve the City based on the relative needs of existing unhoused
residents, including continuing to seek partnerships and possible grant opportunities;
Amendment:
And to agendize a study session to provide a status update in one year (October 2025),
including RVs, and provide a summary of policies and best practices adopted by other
jurisdictions and their effectiveness; for the Council to consider whether Option 2
(developing an encampment management policy by evaluating examples from other
jurisdictions in the Bay Area) is necessary, or consider other options at that time.
The motion carried with the following vote: Ayes: Mohan, Fruen, Chao, Moore, and
Wei. Noes: None. Abstain: None. Absent: None.
ACTION CALENDAR
7. Subject: Amendments to Cupertino Municipal Code Chapter 2.32 (Planning
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Commission), Chapter 2.74 (Technology, Information, and Communications
Commission), Chapter 2.86 (Housing Commission), Chapter 11.08 (Bicycles), and
Chapter 13.04 (Parks), and repeal of Municipal Code Chapter 15.04 (Waterworks
System - Rates and Charges).
Recommended Action: Conduct the first reading of and introduce Ordinance No.
24-2267: “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
REPEALING MUNICIPAL CODE CHAPTER 15.04 AND AMENDING MUNICIPAL
CODE CHAPTERS 2.32, 2,74, 2.86, 11.08, AND 13.04.”
Presenter: Christopher Jensen, City Attorney
Written communications for this item included a presentation, a supplemental report
with staff responses to councilmember questions, and Attachment C – Map of Area
Proposed for Exemption under Section 11.08.180.
City Attorney Chris Jensen 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
Lloyd McKee
Lisa
Parks and Recreation Commissioner Jennifer Shearin (representing self)
San R
Mayor Mohan closed the public comment period.
MOTION: Chao moved and Fruen seconded the recommended action, as amended by
the supplemental report and by Councilmember Chao, to conduct the first reading of
and introduce Ordinance No. 24-2267: “An Ordinance of the City Council of the City of
Cupertino Repealing Municipal Code Chapter 15.04 and Amending Municipal Code
Chapters 2.32, 2,74, 2.86, 11.08, and 13.04.”
The motion carried with the following vote: Ayes: Mohan, Fruen, Chao, Moore, and
Wei. Noes: None. Abstain: None. Absent: None.
8. Subject: Unassign funds from the Committed Sales Tax Repayment Reserve
Recommended Action: Approve an amendment to the City’s Committed, Unassigned
Fund Balance, and Use of One Time Funds Policy to uncommit $74.5 million dollars
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from the Sales Tax Repayment Reserve, resulting in those funds becoming unassigned
fund balance
Presenter: Kristina Alfaro, Director of Administrative Services
Written communications for this item included a presentation, supplemental report with
staff responses to councilmember questions, and emails to Council.
Director of Administrative Services Kristina Alfaro 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
Rod Sinks
San R
Mayor Mohan closed the public comment period.
MOTION: Moore moved and Chao seconded to form an economic uncertainty reserve
no. 2. Council did not vote on this motion.
SUBSTITUTE MOTION: Fruen moved and Wei seconded to adopt the staff
recommended action to approve an amendment to the City’s Committed, Unassigned
Fund Balance, and Use of One Time Funds Policy to uncommit $74.5 million dollars
from the Sales Tax Repayment Reserve, resulting in those funds becoming unassigned
fund balance.
The substitute motion carried with the following vote: Ayes: Mohan, Fruen, and Wei.
Noes: Chao and Moore. Abstain: None. Absent: None.
ADJOURNMENT
At 10:55 p.m., Mayor Mohan adjourned the Regular City Council Meeting per rule. There was no
Council discussion on the remaining agenda items.
ITEMS REMOVED FROM THE CONSENT CALENDAR – None
CITY MANAGER REPORT
City Council Minutes October 15, 2024
Page 8
Council did not hear this item.
ORAL COMMUNICATIONS - CONTINUED – None
COUNCILMEMBER REPORTS
9. 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.
Minutes prepared by:
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Kirsten Squarcia, City Clerk