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CC 04-15-2025 (Special) APPROVED MINUTES CUPERTINO CITY COUNCIL Tuesday, April 15, 2025 SPECIAL MEETING At 6:02 p.m., Mayor Liang Chao called the Special City Council Meeting to order in the City Hall Conference Room C, 10300 Torre Avenue, Cupertino, CA 95014. ROLL CALL Present: Mayor Liang Chao, Vice Mayor Kitty Moore, and Councilmembers J.R. Fruen, Sheila Mohan, and Ray Wang. Absent: None. CLOSED SESSION In open session prior to closed session, Mayor Chao opened the public comment period regarding the items on the agenda. The following members of the public requested to speak. Helena Cohen Mayor Chao closed the public comment period. 1. Subject: Conference with legal counsel-anticipated litigation; California Government Code Sections 54954.5(c) and 54956.9(e)(1): (1 case) Council met with legal counsel on the anticipated litigation. 2. Subject: Conference with Legal Counsel - Existing Litigation pursuant to Government Code § 54956.9: Yes In My Back Yard; Chunhua Tang; and California Housing Defense Fund v. City of Cupertino; Community Development Department of the City of Cupertino (25CV462924) Council met with legal counsel on the existing litigation. 3. Subject: Conference with Legal Counsel - Existing Litigation pursuant to Government City Council Minutes April 15, 2025 Page 2 Code § 54956.9: Lixin (Leon) Chen; California Housing Defense Fund; and Yes in My Backyard v. City of Cupertino; City of Cupertino Community Development Department and City of Cupertino Planning Commission (25CV462857) Council met with legal counsel on the existing litigation. At 6:36 p.m., Mayor Chao recessed the meeting. OPEN SESSION At 6:45 p.m., Mayor Chao reconvened the Special City Council Meeting in open session and led the Pledge of Allegiance in the Cupertino Community Hall Council Chamber, 10350 Torre Avenue and via teleconference. ROLL CALL Present: Mayor Liang Chao, Vice Mayor Kitty Moore, and Councilmembers J.R. Fruen, Sheila Mohan, and Ray Wang. Absent: None. CLOSED SESSION REPORT City Attorney Floy Andrews conducted the open session report regarding the closed session held at 6:00 p.m. There was no reportable action. PRESENTATIONS 4. Subject: Presentation by Santa Clara County Fire Department Assistant Chief Hector Estrada on the Updated Local Responsibility Area (LRA) Fire Hazard Severity Zone Map Recommended Action: Receive presentation by Santa Clara County Fire Department Assistant Chief Hector Estrada on the Updated Local Responsibility Area (LRA) Fire Hazard Severity Zone Map Written communications for this item included a presentation. Council received the presentation by Santa Clara County Fire Department Assistant Chief Hector Estrada on the Updated Local Responsibility Area (LRA) Fire Hazard Severity Zone Map. CEREMONIAL ITEMS 5. Subject: Present proclamation honoring the life and legacy of Ty Bloomquist, a City Council Minutes April 15, 2025 Page 3 dedicated employee of the City of Cupertino, who passed away on March 28, 2025 Recommended Action: Present proclamation honoring the life and legacy of Ty Bloomquist, a dedicated employee of the City of Cupertino, who passed away on March 28, 2025 Ty Bloomquist’s wife, Renee, made comments and received the proclamation. Mayor Chao introduced the proclamation honoring the life and legacy of Ty Bloomquist, a dedicated employee of the City of Cupertino, who passed away on March 28, 2025 and Director of Public Works Chad Mosely presented the proclamation. 6. Subject: Present a proclamation and recognize Cupertino's affiliated volunteer emergency response teams during Volunteer Week, April 20-26, 2025, for their outstanding contributions and dedicated service to the Cupertino community Recommended Action: Present a proclamation and recognize the contributions of CERT (Community Emergency Response Team) neighborhood responders and organizations for Citizen Corps Emergency Response, CARES (Cupertino Amateur Radio Emergency Services) for radio communications, and MRC (Medical Reserve Corps) for medical support to the City during emergencies, as part of Volunteer Week, April 20-26, 2025 Fari Aberg, Jim Oberhofer, and Alberto Boleda, representing Cupertino’s Citizen Corps, received the proclamation. Mayor Chao presented the proclamation recognizing the contributions of CERT (Community Emergency Response Team) neighborhood responders and organizations for Citizen Corps Emergency Response, CARES (Cupertino Amateur Radio Emergency Services) for radio communications, and MRC (Medical Reserve Corps) for medical support to the City during emergencies, as part of Volunteer Week, April 20-26, 2025. 7. Subject: Receive presentation from the Santa Clara Valley Bird Alliance and present proclamation recognizing its 100 years of conservation and community Recommended Action: Receive presentation from the Santa Clara Valley Bird Alliance and present proclamation recognizing its 100 years of conservation and community Shani Kleinhaus, Environmental Advocate, and Matthew Dodder, Executive Director, with Santa Clara Valley Bird Alliance gave a verbal presentation and received the proclamation. Council received the presentation from the Santa Clara Valley Bird Alliance and Mayor Chao presented the proclamation recognizing its 100 years of conservation and City Council Minutes April 15, 2025 Page 4 community. 8. Subject: Receive presentation from Rolling Hills 4-H Club and present proclamation recognizing its contributions to youth leadership development and service to the Cupertino community Recommended Action: Receive presentation from Rolling Hills 4-H Club and present proclamation recognizing its contributions to youth leadership development and service to the Cupertino community Written communications for this item included a presentation. Kai Wu and Audrey Papasin gave a presentation on behalf of Rolling Hills 4-H Club of Cupertino. Council received the presentation from Rolling Hills 4-H Club and Mayor Chao presented the proclamation recognizing its contributions to youth leadership development and service to the Cupertino community POSTPONEMENTS AND ORDERS OF THE DAY – None ORAL COMMUNICATIONS Written communications for this item included emails to the Council. The following members of the public spoke: Rhoda Fry discussed two City lawsuits and the Foothill-De Anza Community College District’s purchase of McClellan Terrace. Devendar discussed the Foothill-De Anza Community College District’s purchase of McClellan Terrace. Abhesi discussed the Foothill-De Anza Community College District’s purchase of McClellan Terrace. Stephen Shei discussed community engagement and cultural understanding. Peggy Griffin discussed the policies for written communications and commission hybrid meetings, and state housing legislation. Jennifer Griffin discussed various housing bills and student housing. City Council Minutes April 15, 2025 Page 5 Ranjan Desai discussed the Mary Avenue Villas project. Planning Commissioner San R (representing self) discussed the agenda setting process, converting rental housing to student housing, and grant funded projects. Rathi Kartheek discussed the Foothill-De Anza Community College District’s purchase of McClellan Terrace. Venkatesan Ranganathan discussed the Foothill-De Anza Community College District’s purchase of McClellan Terrace and the Sound Wall separating N. Portal from The Rise project. David Y discussed the Evulich Court development and CAL FIRE’s updated Fire Hazard Severity Zone maps. Chao requested an informational memorandum on reactivating hybrid-format commission meetings, including potential costs and fiscal impacts. CONSENT CALENDAR (Items 9-12) Councilmember Wang removed Item 12 from the Consent Calendar for discussion. Mayor Chao opened the public comment period and, seeing no one, closed the public comment period. MOTION: Wang moved and Moore seconded to approve the items on the Consent Calendar except as indicated; and to reorder the agenda to move Item 12 before the Action Calendar. The motion passed with the following vote: Ayes: Chao, Moore, Fruen, Mohan, and Wang. Noes: None. Abstain: None. Absent: None. 9. Subject: Approval of April 2, 2025 City Council minutes Recommended Action: Approve the April 2, 2025 City Council minutes 10. Subject: Ratifying Accounts Payable for the periods ending March 14, 2025 and March 28, 2025 Recommended Action: A. Adopt Resolution No. 25-023 ratifying Accounts Payable for the Period ending March 14, 2025; and B. Adopt Resolution No. 25-024 ratifying Accounts Payable for the Period ending March 28, 2025 Written communications for this item included a supplemental report with staff responses City Council Minutes April 15, 2025 Page 6 to councilmember questions and emails to Council. 11. Subject: Second reading and enactment of an ordinance to make amendments to the Cupertino Municipal Code, Title 2 to add Chapter 2.96 and codify the Economic Development Committee Recommended Action: Conduct the second reading and enact Ordinance No. 25-2269: “An Ordinance of the City Council of the City of Cupertino Amending City Code Title 2, Chapter 2.96: Economic Development Committee" PUBLIC HEARINGS – None ITEMS REMOVED FROM THE CONSENT CALENDAR As noted under the Consent Calendar, this item was moved before the Action Calendar. 12. Subject: Fiscal Year (FY) 2025-26 Community Development Block Grant (CDBG) Program, Below Market Rate Affordable Housing Fund (BMR AHF), General Fund Human Services Grant (HSG), Permanent Local Housing Allocation (PLHA), and County funding allocations. Recommended Action: Authorize the City Manager to execute the FY 2025-26 CDBG, BMR AHF, General Fund HSG, PLHA, and County funding agreements. Written communications for this item included emails to Council. This item was removed from the Consent Calendar for discussion. Community Development Director Ben Fu and Senior Housing Planner Nicky Vu reviewed the staff report. Mayor Chao opened the public comment period and the following members of the public spoke. Eric McKinlay Nader Vahdat Gia Pham, representing Housing Choices Jennifer Lucas, representing State Council on Developmental Disabilities (SCDD) Janet and Cindy Van Zoeren, representing Housing Choices Planning Commissioner Steven Scharf (representing self) Stephen Quan Ranjan Desai Sujatha Venkatraman, representing West Valley Community Services City Council Minutes April 15, 2025 Page 7 Georgia Bacil, representing Senior Adults Legal Assistance Rathi Kartheek Lisa Mayor Chao opened the public comment period. Councilmembers asked questions and made comments. MOTION: Chao moved and Wang seconded to approve the recommended action, as modified, to authorize the City Manager to execute the FY 2025-26 CDBG, BMR AHF, General Fund HSG, PLHA, and County funding agreements, and allocate in the same way from the BMR fund, $1.9 million for Charities Housing and $1.08 million for Eden Housing; with a modification that Council will consider allocating an extra $1 million from the remaining $1.8 million BMR fund to Charities Housing, on the condition that they explore on potential ways to increase the parking stalls on their side of the project. Council did not vote on this motion. SUBSTITUTE MOTION: Moore moved and Fruen seconded to approve the recommended action, as modified, to authorize the City Manager to execute the FY 2025-26 CDBG, BMR AHF, General Fund HSG, PLHA, and County funding agreements; with a modification that $3 million of the Below Market Rate Affordable Housing Fund (BMR AHF) be committed to the Charities Housing - Mary Avenue Project and $1,083,200 be allocated to the Eden Housing - Wolf Road Project, and that a commensurate amount of funding ($1,083,200) is to be reallocated from the General Fund to the BMR AHF fund to accommodate the modified funding increase. The substitute motion passed with the following vote: Ayes: Chao, Moore, Fruen, Mohan, and. Noes: Wang. Abstain: None. Absent: None. At 9:16 p.m., Mayor Chao recessed the meeting. The meeting reconvened at 9:23 p.m. with all Councilmembers present. ACTION CALENDAR 13. Subject: Direct Staff on Commission Review of the Stevens Creek Boulevard Corridor Vision Study Recommended Action: Direct staff to present the Stevens Creek Boulevard Corridor Vision Study to either the Planning Commission or the Bicycle Pedestrian Commission for review and input. Written communications for this item included a supplemental report with staff responses to councilmember questions, Attachment B - Resolution of Support of SC Corridor Vision City Council Minutes April 15, 2025 Page 8 Study, and emails to Council. Public Works Director Chad Mosley reviewed the staff report. Mayor Chao opened the public comment period and the following members of the public spoke. Harry Neil Jennifer Griffin Beck Poltronetti Planning Commissioner Steven Scharf (representing self) Peggy Griffin Planning Commissioner Seema Lindskog (representing self) Planning Commissioner San R (representing self) Planning Commissioner Tracy K (representing self) Lisa Michael Wang Mayor Chao closed the public comment period. MOTION: Moore moved and Wang seconded to direct staff to present the Stevens Creek Boulevard Corridor Vision Study for review and input to the Bicycle Pedestrian Commission, as already scheduled, and to the Planning Commission. The motion passed with the following vote: Ayes: Chao, Moore, Fruen, Mohan, and Wang. Noes: None. Abstain: None. Absent: None. 14. Subject: Review future agenda items requested by City Councilmembers Recommended Action: 1. Review the future agenda items list and adopt the staff recommendations for items 1-13 2. Provide direction for items 14-18 Written communications for this item included a supplemental report with staff responses to councilmember questions, Updated Attachment A - February 2025 Future Agenda Items List, Updated Attachment B - April 2025 Future Agenda Items List 20 Items, Attachment C - Updated Future Agenda Items, and emails to the Council. Deputy City Manager Tina Kapoor reviewed the staff report. Councilmembers asked questions and made comments. Mayor Chao opened the public comment period and the following people spoke. City Council Minutes April 15, 2025 Page 9 Jennifer Griffin Peggy Griffin Mayor Chao closed the public comment period. MOTION: Chao moved and Wang seconded to agendize Item 18 as soon as possible to consider the Finch property for potential purchase or other form of partnership with the Cupertino Union School District (CUSD). The motion passed with the following vote: Ayes: Chao, Moore, Fruen, Mohan, and Wang. Noes: None. Abstain: None. Absent: None. MOTION: Chao moved and Wang seconded to continue review future agenda items requested by City Councilmembers to the next City Council meeting. The motion passed with the following vote: Ayes: Chao, Moore, Fruen, Mohan, and Wang. Noes: None. Abstain: None. Absent: None. ADJOURNMENT At 10:39 p.m., Mayor Chao adjourned the Regular City Council Meeting, per rule. There was no Council discussion on the remaining agenda items. CITY MANAGER REPORT The Council did not hear this item. ORAL COMMUNICATIONS – CONTINUED - None COUNCILMEMBER REPORTS 15. Subject: Councilmember Reports Councilmembers reported on their various committees and events as provided in the published agenda. FUTURE AGENDA ITEMS The Council did not hear this item. As noted under Oral Communications, Chao requested an informational memorandum on reactivating hybrid-format commission meetings, including potential costs and fiscal impacts. City Council Minutes April 15, 2025 Page 10 16. Subject: Upcoming Draft Agenda Items Report A tentative council meeting agenda calendar was provided in the published agenda. Minutes prepared by: Kirsten Squarcia, City Clerk