HomeMy WebLinkAboutPFC 11-17-2025 Item No. 2 Cupertino Public Facilities Corporation Management Report_Written Communication (updated 11-17-25)PFC 11-17-2025
Oral
Communications
Written Comments
From:Santosh Rao
To:City Clerk; City Council; Tina Kapoor; Chad Mosley; Luke Connolly; Gian Martire; City Attorney"s Office
Subject:Compliance and policy concerns with Mary Ave city handling of parcel.
Date:Monday, November 17, 2025 1:07:09 PM
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Dear City Clerk,
Please include the below for 11/17/25 council meeting for items not on agenda.
[Writing on behalf of myself only as a Cupertino taxpayer, voter, resident.]
Dear Mayor Chao, Vice-Mayor Moore, Council Members, and ICM Kapoor,
Please see my comments below. Residents will keep raising these issues until the City
explains them clearly.
I appreciate your review of the ground lease risks. If that review changed the direction, the
public must be told. Closed-session outcomes that shift policy need a public summary.
Lack of disclosure raises Brown Act concerns. Residents already see problems with the failure
to vacate the public right-of-way and the lack of required findings and hearings on surplus or
exempt surplus land.
These issues cannot be moved forward on the consent calendar. Major decisions require open
explanation. Public trust depends on this.
We need clarity on who recommended the ground lease. We need to know when the decision
was made. We need to know whether it came from prior or current leadership. We need to
know which departments were involved. The public needs facts and corrective steps if errors
occurred.
We also need to know who authorized turning a roadway into a parcel without noticing,
hearings, right-of-way vacation, or surplus land findings. Please confirm how HCD was
notified. Please confirm whether a NOA was issued. Please state when the public can see
responses. These steps must follow the legal order.
Each lapse compounds the next. Accountability is required.
This is now a compliance issue, in addition to a policy issue.
Please address these lapses openly. Please correct past omissions. Please agendize each
remaining step so the process is legal, transparent, and impartial.
Please also hold study sessions with commercial real estate operators in the skilled nursing
asset class. This asset class has significant challenges. The City needs to understand the
operating risks. The City needs to understand the financing risks. The City needs to know the
track record of similar facilities and their long-term viability. Skilled nursing and specialized
care are among the hardest asset classes to finance and operate successfully.
https://www.sokolovelaw.com/blog/nursing-home-graveyard/
This parcel is currently a roadway. Before moving forward, the City has an obligation to study
comparable assets. The City must understand what happens if an operator fails, if the asset
enters bankruptcy, or if no operator is willing to take over. The City must consider what
happens if a failed operator seeks to convert the facility to general housing. The City must
consider what precedent this sets for nearby land on the same roadway. Residents are
concerned about the risk of using a bike-lane project as a path to bypass surplus land rules and
transfer public land under the label of 100% affordable housing, only to see it converted later.
These questions are serious. The City must study the asset class before taking further steps.
Please pause and fully review the long-term viability of this use.
Thank you.
Sincerely,
San Rao (writing on behalf of myself only as a Cupertino taxpayer, voter, resident).
Begin forwarded message:
On Sunday, November 16, 2025, 11:02 PM, Santosh Rao <santo_a_rao@yahoo.com> wrote:
Dear City Clerk,
Please include the below in written communications for the 11/18/25 city council
meeting.
[Writing on behalf of myself as a Cupertino taxpayer, resident and voter]
Dear Mayor Chao, Vice-Mayor Moore, Council Members, ICM Kapoor, CAO,
I am following up on agenda item 16.
I wish to bring to your attention the below CA Govt Code.
———————————-
CA Govt Code § 54221 (2024)
b) (1) “Surplus land” means land owned in fee simple by any local agency
for which the local agency’s governing body takes formal action in a
regular public meeting declaring that the land is surplus and is not
necessary for the agency’s use. Land shall be declared either
“surplus land” or “exempt surplus land,” as supported by written
findings, before a local agency may take any action to dispose of it
consistent with an agency’s policies or procedures. A local agency, on an
annual basis, may declare multiple parcels as “surplus land” or “exempt
surplus land.”
———————————-
Please provide the written findings and the public meeting date, agenda, minutes
where the above occurred. If the land was declared surplus or exempt surplus
absent the above process please assess if this is a violation of the above state law
and potentially also a violation of the Brown Act.
I urge council to enforce CA govt code is followed and and further take action to
ensure CM, department directors and staff are being held accountable to
follow state laws and Brown Act and also publish clearly artifacts from the same
as attachments should you choose to pursue agenda item 16 but still pull from
consent calendar.
Further please do not spend city money on CAO billing hours on this matter if
state laws have not been followed to vacate public right of way land and deem
surplus or exempt surplus.
The public is a key stakeholder in decisions like these. Land cannot be vacated
or deemed surplus or exempt surplus without public noticed meetings and
sufficient community input at council hearings.
Thanks,
San Rao (Writing on behalf of myself only as a Cupertino taxpayer, voter,
resident)
On Wednesday, November 12, 2025, 11:11 PM, Santosh Rao
<santo_a_rao@yahoo.com> wrote:
Dear City Clerk,
Please include the below in written communications for the
upcoming city council meeting for agenda item 16.
[Writing on behalf of myself only as a Cupertino resident]
Subject: Request to Pull Agenda Item 16 from Consent Calendar for
11/18/25 City Council Meeting
Hello Mayor Chao, Council Members, ICM Kapoor, Attorney
Andrews,
I respectfully request that Agenda Item 16 be pulled from the consent
calendar for the November 18, 2025 City Council meeting so that it
can be discussed in open session.
There are significant unanswered questions about the parcel’s legal
status. It appears that the public right of way associated with this
property has not been formally vacated through the required public
hearings or a resolution of intent. Without that process, it is unclear
whether this parcel was legally created in accordance with state law
and city procedures.
If the right of way has not been vacated, it raises serious implications
for the validity of the parcel and any potential sale. The City should
clarify whether clear title can be conveyed or if the property would
remain encumbered as a result.
This issue warrants full Council discussion, not approval on consent.
The agenda materials should include all documents and actions
related to the parcel’s formation, including any right of way
vacations, planning or council actions, and staff determinations of
General Plan conformance.
Given the potential procedural and legal implications, open
discussion would demonstrate transparency, ensure compliance with
state and city requirements, and maintain public trust.
Thank you for your attention to state and local law conformance and
ensuring the city is completely transparent with Cupertino residents
and voters. Please ensure there are no short cuts to giving public land
away to anyone. This is taxpayer land and taxpayers must be fully
involved in the process including consideration of CA Article 34.
Thanks,
San Rao (writing on behalf of myself only as a Cupertino resident)
PFC 11-17-2025
Item No. 2
Cupertino Public
Facilities Corporation
Management Report
Written Communications
From:Rhoda Fry
To:Public Comments
Cc:City Clerk; City Council
Subject:Another comment for today . . . comments November 17 cupertino public facilities - item #2
Date:Monday, November 17, 2025 11:30:45 AM
Attachments:B3150-1678.pdf
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Dear City Council (directors),
In looking through the prospectus documents and the ACFR, the list of the actual properties
being leased has been inconsistent. Can you please create a concise list of the buildings and
properties that are being leased and make sure that the official documents are correct and
match each other for both internal and external consistency?
Thanks, Rhoda
From: Rhoda Fry <fryhouse@earthlink.net>
Sent: Sunday, November 16, 2025 6:41 PM
To: 'publiccomment@cupertino.gov' <publiccomment@cupertino.gov>
Cc: 'City Clerk' <CityClerk@cupertino.org>; 'City Council' <CityCouncil@cupertino.gov>
Subject: comments November 17 cupertino public facilities - item #2
Dear City Council (directors of the corp),
I have a couple of concerns regarding the corp and the report.
1.The State REQUIRES a Statement of Information (SOI) to be filed if there is a change
in officers. This has not happened. Why not? Please see first attachment. (note, while an
SOI can be filed every other year for nonprofits, any changes in the officers requires a
new submittal)
2.I still don’t understand how the City “saved” money when they refinanced in 2020. Part
of the refi, was paying off about $5M and that looks like the amount that we saved with
the “refi” while the bond issuer made a substantial commission on the refi.
Thanks,
Rhoda Fry
From:Rhoda Fry
To:Public Comments
Cc:City Clerk; City Council
Subject:comments November 17 cupertino public facilities - item #2
Date:Sunday, November 16, 2025 6:41:17 PM
Attachments:B3150-1678.pdf
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you
recognize the sender and know the content is safe.
Dear City Council (directors of the corp),
I have a couple of concerns regarding the corp and the report.
1. The State REQUIRES a Statement of Information (SOI) to be filed if there is a change
in officers. This has not happened. Why not? Please see first attachment. (note, while an
SOI can be filed every other year for nonprofits, any changes in the officers requires a
new submittal)
2. I still don’t understand how the City “saved” money when they refinanced in 2020. Part
of the refi, was paying off about $5M and that looks like the amount that we saved with
the “refi” while the bond issuer made a substantial commission on the refi.
Thanks,
Rhoda Fry
BA20241903818
Entity Details
Corporation Name CUPERTINO PUBLIC FACILITIES CORPORATION
Entity No.1532485
Formed In CALIFORNIA
Street Address of California Principal Office of Corporation
Street Address of California Office 10300 TORRE AVE
CUPERTINO, CA 95014
Mailing Address of Corporation
Mailing Address 10300 TORRE AVE
CUPERTINO, CA 95014
Attention
Officers
Officer Name Officer Address Position(s)
Kristina Alfaro 10300 Torre Ave
Cupertino, CA 95014
Chief Financial Officer
•Pamela Wu 10300 TORRE AVE
CUPERTINO, CA 95014
Chief Executive Officer
Kirsten Squarcia 10300 Torre Ave
Cupertino, CA 95014
Secretary
Additional Officers
Officer Name Officer Address Position Stated Position
None Entered
Agent for Service of Process
Agent Name Kristina Alfaro
Agent Address 10300 TORRE AVE
CUPERTINO, CA 95014
Email Notifications
Opt-in Email Notifications No, I do NOT want to receive entity notifications via email. I
prefer notifications by USPS mail.
Electronic Signature
By signing, I affirm that the information herein is true and correct and that I am authorized by California law to sign.
Richard Wong
Signature
10/28/2024
Date
STATE OF CALIFORNIA
Office of the Secretary of State
STATEMENT OF INFORMATION
CA NONPROFIT CORPORATION
California Secretary of State
1500 11th Street
Sacramento, California 95814
(916) 657-5448
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For Office Use Only
-FILED-
File No.: BA20241903818
Date Filed: 10/28/2024