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HomeMy WebLinkAboutCC 12-02-2025 APPROVED MINUTES CUPERTINO CITY COUNCIL Tuesday, December 2, 2025 SPECIAL MEETING At 6:04 p.m., Mayor Chao called the Special City Council Meeting to order in the Cupertino Community Hall Council Chamber, 10350 Torre Avenue and via teleconference; Teleconference Location Pursuant to Gov. Code 54953(b)(2): Wynn Resort, 3131 Las Vegas Blvd S, Las Vegas, NV 89109. ROLL CALL Present: Mayor Liang Chao, Vice Mayor Kitty Moore, and Councilmembers J.R. Fruen, Sheila Mohan, and R “Ray” Wang (participated remotely). Absent: None. ACTION CALENDAR 1. Subject: Submit comments for Draft Plan Bay Area 2050+ and the Draft EIR; Adopt a resolution authorizing the Mayor to sign and transmit the comment letter to MTC and ABAG Recommended Action: 1. Submit comments for Draft Plan Bay Area 2050+ and the Draft EIR; and 2. Adopt Resolution No. 25-100 authorizing the submittal of a comment letter on the Draft Plan Bay Area 2050+ and the associated Draft Environmental Impact Report and authorizing the Mayor to sign and transmit the letter to the Metropolitan Transportation Commission (MTC) and the Association of Bay Area Governments (ABAG) Written communications for this item included a presentation by Mayor Chao, comments from Vice Mayor Moore (representing self), and emails to the Council. Mayor Liang Chao gave a presentation. Councilmembers asked questions and made comments. City Council Minutes December 2, 2025 Page 2 Mayor Chao opened the public comment period and the following members of the public spoke. Jennifer Griffin Louise Saadati Mayor Chao closed the public comment period. MOTION: Chao moved and Wang seconded to: 1. Submit comments for Draft Plan Bay Area 2050+ and the Draft EIR; and 2. Adopt Resolution No. 25-100 authorizing the submittal of a comment letter on the Draft Plan Bay Area 2050+ and the associated Draft Environmental Impact Report and authorizing the Mayor to sign and transmit the letter to the Metropolitan Transportation Commission (MTC) and the Association of Bay Area Governments (ABAG). FRIENDLY AMENDMENT: Mohan made a friendly amendment to request an explanation from MTC and ABAG about the discrepancy in the numbers. Chao declined the friendly amendment, and it was not added to the motion. FRIENDLY AMENDMENT: Chao made a friendly amendment to include, instead of just submitting to the public comment portal, also sending a letter to the MTC-ABAG committee members to request an explanation of their growth numbers (Wang and Mohan accepted the friendly amendment). FRIENDLY AMENDMENT: Moore made a friendly amendment requesting staff fact- checking of the draft letter and review of the Vice Mayor’s submitted comments (Chao and Wang accepted the friendly amendment). AMENDED MOTION: Chao moved and Wang seconded as amended to: 1. Submit comments for Draft Plan Bay Area 2050+ and the Draft EIR; 2. Adopt Resolution No. 25-100 authorizing the submittal of a comment letter on the Draft Plan Bay Area 2050+ and the associated Draft Environmental Impact Report and authorizing the Mayor to sign and transmit the letter to the Metropolitan Transportation Commission (MTC) and the Association of Bay Area Governments (ABAG); and 3. Submit the comment letter through the comment portal with no changes to the draft letter, with staff fact checking and review of Vice Mayor’s submitted comments before it is delivered, and separately send the letter to MTC-ABAG leadership with a cover letter requesting an explanation of the growth numbers. The amended motion passed with the following vote: Ayes: Chao, Moore, Mohan, and City Council Minutes December 2, 2025 Page 3 Wang. Noes: None. Abstain: Fruen. Absent: None. ADJOURNMENT At 6:48 p.m., Mayor Chao adjourned the Special City Council Meeting. REGULAR MEETING At 6:48 p.m., Mayor Chao 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; Teleconference Location Pursuant to Gov. Code 54953(b)(2): Wynn Resort, 3131 Las Vegas Blvd S, Las Vegas, NV 89109. ROLL CALL Present: Mayor Liang Chao, Vice Mayor Kitty Moore, and Councilmembers J.R. Fruen, Sheila Mohan, and R “Ray” Wang (participated remotely). Absent: None. CLOSED SESSION REPORT – None CEREMONIAL ITEMS 1. Subject: Proclamation recognizing the work of the City Manager’s Office Recommended Action: Present proclamation recognizing the work of the City Manager’s Office City Manager Tina Kapoor made comments, and the following City staff received the proclamation: Daniel Degu, Marta Drown, Jim Fine, Samantha LoCurto, Lakshmi Ramachandran, Melissa Robertson, Astrid Robles, Lauren Sapudar, Kirsten Squarcia, Serena Tu, Paulina Vu, Tina Kapoor, and Floy Andrews. Mayor Chao presented the proclamation recognizing the work of the City Manager’s Office 2. Subject: Proclamation recognizing Dr. Darrel Lum for His Exemplary Contributions to Grassroots Democracy and Civic Engagement Recommended Action: Present proclamation recognizing Dr. Darrel Lum for His Exemplary Contributions to Grassroots Democracy and Civic Engagement Written communications for this item included a desk item staff report and Attachment B – Revised Proclamation, and a statement from Mayor Chao. City Council Minutes December 2, 2025 Page 4 Cheryl Lum, the wife of Dr. Darrel Lum, received the proclamation. The following individuals joined the Council on stage for a photo: Ned Britt, Ignatius Ding, Brooke Ezzat, Rhoda Fry, Jennifer Griffin, Peggy Griffin, Tom Hugunin, Bob McKibbin, Eric Shaefer, and Lisa Warren. Mayor Chao presented the proclamation recognizing Dr. Darrel Lum for his exemplary contributions to grassroots democracy and civic engagement. PRESENTATIONS 3. Subject: Presentation from Solving Fun on the First Cupertino Puzzle Hunt Month-Long Event Recommended Action: Receive presentation from Solving Fun on the First Cupertino Puzzle Hunt Month-Long Event Written communications for this item included a presentation. Solving Fun Co-Founders Hillary Miller and Marcy Tivol gave a presentation. Council received the presentation from Solving Fun on the First Cupertino Puzzle Hunt Month-Long Event. POSTPONEMENTS AND ORDERS OF THE DAY MOTION: Chao moved and Moore seconded to postpone Item 5 to a date to be determined. The motion passed with the following vote: Ayes: Chao, Moore, Fruen, Mohan, and Wang. Noes: None. Abstain: None. Absent: None. ORAL COMMUNICATIONS Written communications for this item included emails to the Council. The following members of the public spoke: Michael Chang discussed Morro Bay Terrace noise and traffic. Susan Bloomfield discussed sound barriers at Memorial Park pickleball courts. Arif discussed noise and traffic on Morro Bay Terrace and vaping on pickleball courts. Brook Ezzat discussed Mayor Chao’s service and Dr. Darrel Lum, and councilmember City Council Minutes December 2, 2025 Page 5 conduct. Peggy Griffin discussed Mayor Chao’s service and Dr. Darrel Lum. Rhoda Fry discussed Mayor Chao’s service and Dr. Darrel Lum, and councilmember conflict of interest. Planning Commissioner San Rao (representing self) discussed Mayor Chao’s service. Call-in User 1 discussed a Code Enforcement matter regarding their home. CONSENT CALENDAR (Items 4-9) Mayor Chao opened the public comment period and, seeing no one, closed the public comment period. MOTION: Moore moved and Fruen seconded to approve Items 4 and 6–9 on the Consent Calendar as presented; and excluding Item 5, which was postponed. The motion passed with the following vote: Ayes: Chao, Moore, Fruen, Mohan, and Wang. Noes: None. Abstain: None. Absent: None. 4. Subject: Approval of November 18, 2025 City Council minutes Recommended Action: Approve the November 18, 2025 City Council minutes 5. Subject: Second reading and enactment of amendments to the Municipal Code, Title 5 (Business Licenses and Regulations) to Establish Chapter 5.51 to Regulate Film Production Recommended Action: Conduct the second reading and enact Ordinance No. 25-2279: “An Ordinance of the City Council of the City of Cupertino Amending City Code Title 5 (Business Licenses and Regulations) to Establish Chapter 5.51 to Regulate Film Production.” As noted under Postponements and Orders of the Day, this item was postponed to a date to be determined. 6. Subject: Declare properties as having potential fire hazards from weeds or other potential nuisances for the Cupertino Weed Abatement Program; set hearing on March 3, 2026 to declare a public nuisance and to consider objections for proposed removal Recommended Action: Adopt Resolution No. 25-101 declaring properties as having potential fire hazards from weeds or other potential nuisances (Attachment A) and set hearing on March 3, 2026 to declare a public nuisance and to consider objections for City Council Minutes December 2, 2025 Page 6 proposed removal 7. Subject: Receive the Monthly Treasurer's Report for October 2025 Recommended Action: Receive the Monthly Treasurer's Report for October 2025 8. Subject: Receive the Monthly Treasurer's Investment Report for October 2025 Recommended Action: Receive the Monthly Treasurer's Investment Report for October 2025 9. Subject: Establishment of New Friendship City Relationships with Xuhui District, Shanghai, People’s Republic of China and Danzhou, Hainan Province, People’s Republic of China Recommended Action: Approve the establishment of new Friendship City relationships with: 1. Xuhui District, Shanghai, People’s Republic of China; and 2. Danzhou, Hainan Province, People’s Republic of China PUBLIC HEARINGS 10. Subject: Amendments to the Fiscal Year (FY) 2025-26 Fee Schedule to establish a new fee for Film Permit Applications and Film Production Recommended Action: Adopt Resolution No. 25-102 to amend the City’s Master Fee Schedule - Schedule A - to establish a new fee for Film Permit Applications and Film Production Written communications for this item included a presentation slide. City Attorney Floy Andrews gave a presentation. Councilmembers asked questions and made comments. Mayor Chao opened the public comment period and, seeing no one, closed the public comment period. MOTION: Wang moved and Moore seconded to Adopt Resolution No. 25-102 to amend the City’s Master Fee Schedule - Schedule A - to establish a new fee for Film Permit Applications and Film Production. The motion passed with the following vote: Ayes: Chao, Moore, Fruen, Mohan, and Wang. Noes: None. Abstain: None. Absent: None. ACTION CALENDAR 11. Subject: OpenGov Budget Format Review Presentation and Finalize Recommendations City Council Minutes December 2, 2025 Page 7 Recommended Action: a. Receive Budget Format Review presentation as outlined in the Budget Format Implementation Action Plan (IAP) recommendation numbers 15, 17, 18, 19, and 30 b. Approve OpenGov budget format recommendations Written communications for this item included a supplemental report and emails to the Council. At 7:52 p.m., Mayor Chao recessed the meeting. The meeting reconvened at 8:02 p.m. with all Councilmembers present. Director of Administrative Services Kristina Alfaro and Acting Budget Manager Toni Oasay-Anderson gave a presentation. Mayor Chao opened the public comment period and, seeing no one, closed the public comment period. Councilmembers asked questions and made comments. MOTION: Moore moved and Fruen seconded to: 1. Receive Budget Format Review presentation as outlined in the Budget Format Implementation Action Plan (IAP) recommendation numbers 15, 17, 18, 19, and 30 2. Approve OpenGov budget format recommendations The motion passed with the following vote: Ayes: Chao, Moore, Fruen, Mohan, and Wang. Noes: None. Abstain: None. Absent: None. STUDY SESSION 12. Subject: Conduct Study Session on the Mary Avenue Project (“Project”), including project history, project siting, the conditional transfer of City-owned property rights, affordability restrictions, and remaining steps prior to entitlement and closing on the Project; and 2) Consider Appointing Negotiator(s) for the possible transfer of certain rights to City-owned property (APN: 326-27-053), in the form of a ground lease or a sale with the City’s future right to repurchase Recommended Action: Consider Mary Ave. project and provide direction on next steps including appointing the City Manager and Interim City Attorney as Negotiators with the Nonprofit Public Benefit Corporations Cupertino Rotary Housing Corporation, Housing Choices Coalition for Persons with Developmental Disabilities, Inc., and Charities Housing Development Corporation of Santa Clara County (collectively, the “Developer”), regarding the possible transfer of property rights in the form of a ground lease or sale with the City’s future right to repurchase on terms established by the City Council City Council Minutes December 2, 2025 Page 8 Written communications for this item included a presentation, a supplemental report with staff answers to councilmember questions, and emails to the Council. Senior Planner Gian Martire and Interim Deputy City Attorney Michelle Hernadez gave a presentation. Councilmembers asked questions and made comments. Mayor Chao opened the public comment period and the following members of the public spoke. Arif Lina Lang Roberta Murai Rachel Rose Nikhil Junankar Rehesh Ranjan Desai Rati Michael Housing Commissioner Connie Cunningham (representing self) Giam Pham, representing Housing Choices Orrin Mahoney, representing Mary Avenue Housing Coalition Jean Bedord Steven Quan Andy Lief, representing Charities Housing Nataraj Yvonne Thorstenson Jordan Behmke Pamela Hershey ceded time to Jordan Behmke Trevor Lang ceded time to Jordan Behmke Planning Commissioner San Rao (representing self) Richard Gallo Jennifer Shearin Louise Saadati Manuel Salazar, representing Silicon Valley at Home Planning Commissioner Seema Lindskog (representing self) Mayor Chao closed the public comment period. MOTION: Chao moved and Moore seconded to extend the meeting until 11:00 p.m. The motion City Council Minutes December 2, 2025 Page 9 passed with the following vote: Ayes: Chao, Moore, Fruen, Mohan, and Wang. Noes: None. Abstain: None. Absent: None. MOTION: Fruen moved and Moore seconded to extend the meeting to 11:15 p.m. FRIENDLY AMENDMENT: Moore made a friendly amendment to continue the meeting in order to complete Item 12 (Fruen accepted the friendly amendment). The amended motion passed with the following vote: Ayes: Chao, Moore, Fruen, Mohan, and Wang. Noes: None. Abstain: None. Absent: None. This item was continued to a future City Council meeting. ADJOURNMENT At 11:06 p.m., Mayor Chao adjourned the Regular City Council Meeting. There was no further discussion on the remaining agenda items. ITEMS REMOVED FROM THE CONSENT CALENDAR – None CITY MANAGER REPORT 13. Subject: City Manager Report City Manager Tina Kapoor reported on recent highlights and upcoming events as provided in the published agenda. ORAL COMMUNICATIONS - CONTINUED - None COUNCILMEMBER REPORTS 14. 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. 15. Subject: Upcoming Draft Agenda Items Report A tentative council meeting agenda calendar was provided in the published agenda. City Council Minutes December 2, 2025 Page 10 Minutes prepared by: Kirsten Squarcia, City Clerk