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HomeMy WebLinkAboutCC 03-03-2026 APPROVED MINUTES CUPERTINO CITY COUNCIL Tuesday, March 3, 2026 At 5:32 p.m., Mayor Moore called the Special City Council Meeting to order in the Cupertino Community Hall Council Chamber, 10350 Torre Avenue and via teleconference; and Teleconference Location Pursuant to Gov. Code 54953(b)(2): Boca Raton Resort, Hotel Lobby, 501 E Camino Real, Boca Raton, FL 33432. ROLL CALL Present: Mayor Kitty Moore, Vice Mayor Liang Chao, and Councilmembers J.R. Fruen, Sheila Mohan, and R “Ray” Wang (participated virtually). Councilmember Wang confirmed that he was in the noticed public location, that he had posted the notice of the meeting at his remote location and that no other individuals over the age of 18 were with him and that no one had indicated to him that they were intending to make public comment or address the Council. ACTION CALENDAR 1. Subject: Parkland Ballot Measure - Mapping, Zoning, Legal Review, and Election Considerations (Continued on February 19, 2026). Recommended Action: Receive the report and provide direction to staff on whether to pursue development of a parkland rezoning ballot measure for consideration at the November 2026 election. Written communications for this item included emails to Council. Acting Director of Administrative Services Jonathan Orozco gave a verbal report. Councilmembers asked questions and made comments. Mayor Moore opened the public hearing and the following members of the public spoke: City Council Minutes March 3, 2026 Page 2 Jennifer Griffin Jean Bedord Peggy Griffin Lisa Warren (virtually) Planning Commissioner San Rao (representing self) (virtually) Councilmembers asked questions and made comments. Mayor Moore closed the public hearing. Council conducted the following straw poll: • Moore and Chao supported the measure. • Wang supported if recreational facilities were included. • Mohan supported but questioned urgency. • Fruen opposed, but if measure proceeds, forgo polling due to cost concerns. Council unanimously consented to provide the following direction to staff: • Return to Council to consider existing designations, zoning corrections, and state law protections for recreational facilities and parkland sites. • Prepare a plan for a proposed parkland ballot measure, to be brought forward at a future date. • Return to Council with a recommended scope of work for consultant services, including a proposed budget appropriation, a detailed work plan, and a timeline. o Provide options for Council to refine the consultant’s performance, specifically evaluating whether to proceed with polling or to move directly into community outreach. • Include language regarding the inclusion of facilities and whether the way it is written could cause the ballot measure not to pass, and asked to review the wording to determine if it would create any issues. STUDY SESSION 2. Subject: Study Session on options to comply with state law related to No Net Loss (SB166) due to the lack of adequate capacity to accommodate the City’s moderate and lower-income Regional Housing Needs Allocation (RHNA). Recommended Action: Receive staff’s presentation and provide direction on housing site selection strategies to address the lack of adequate capacity to accommodate the City’s moderate and lower-income Regional Housing Needs Allocation (RHNA) as required by state law. Written communications for this item included emails to Council and staff presentation. City Council Minutes March 3, 2026 Page 3 Assistant Director of Community Development Luke Connelly gave a presentation. Councilmembers asked questions and made comments. Mayor Moore opened the public comment period and the following members of the public spoke: Greg Endom Jennifer Griffin Peggy Griffin Lisa Warren (virtually) Planning Commissioner San Rao (representing self) (virtually) Councilmembers asked questions and made comments. Mayor Moore closed the public comment period. Council unanimously consented to provide the following direction to staff: • Authorize staff to hire a consultant to assist in the site identification and rezoning process. • Maintain active dialogue with HCD (California Department of Housing and Community Development) to document the City's progress in addressing capacity deficiencies. • Expand the scope of the current work program to research best practices and broader options for preserving retail beyond the ballot measure framework. • Investigate implementing maximum unit size limits to manage the scale of future projects. • Proactively identify large-acreage or underutilized parcels and reach out to property owners to determine development interest. ADJOURNMENT At 6:56 p.m., Mayor Kitty Moore adjourned the Special City Council Meeting. REGULAR MEETING At 7:02p.m., Mayor Moore called the Regular City Council Meeting to order in the Cupertino Community Hall Council Chamber, 10350 Torre Avenue and via teleconference; and Teleconference Location Pursuant to Gov. Code 54953(b)(2): Boca Raton Resort, Hotel Lobby, 501 E Camino Real, Boca Raton, FL 33432. City Council Minutes March 3, 2026 Page 4 ROLL CALL Present: Mayor Kitty Moore, Vice Mayor Liang Chao, and Councilmembers J.R. Fruen, Sheila Mohan, and R “Ray” Wang (participated virtually). Councilmember Wang confirmed that he was in the noticed public location, that he had posted the notice of the meeting at his remote location and that no other individuals over the age of 18 were with him and that no one had indicated to him that they were intending to make public comment or address the Council. CLOSED SESSION REPORT - None CEREMONIAL ITEMS 1. Subject: Recognition of March as American Red Cross Month. Recommended Action: Present proclamation recognizing March as American Red Cross Month. American Red Cross Silicon Valley Chapter Board Member Stuart Chessen received the proclamation and provided a presentation. Mayor Moore presented the proclamation recognizing March as American Red Cross Month. 2. Subject: Recognition of March as Youth Art Month. Recommended Action: Present Proclamation recognizing March as Youth Art Month. Santa Clara County Office of Education Arts Coordinator Sofia Fojas received the proclamation and provided remarks. The following 2025 Artist Award winners were recognized: Khushi Somesh, Anahi Shaikh, Lingshan Guan, Ivy Ma, and Iris Zheng. Arts and Culture Commission Chair David Wang and Vice Chair Kiran Varshneya Rohra were present. Mayor Moore presented the proclamation recognizing March as Youth Art Month. POSTPONEMENTS AND ORDERS OF THE DAY 3. Subject: An update on the development of the Active Transportation Plan, including a summary of Phase 2, explanations of plan edits, revised scoring criteria, and next steps. (Continued on February 19, 2026) Recommended Action: Continue this item to a future meeting date. Written communications for this item included emails to Council. City Council Minutes March 3, 2026 Page 5 MOTION: Moore moved and Mohan seconded to continue this item to a future date. The motion passed with the following vote: Ayes: Moore, Chao, 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: Jennifer Griffin discussed business displacement at the Super Kyo-Po shopping center in Santa Clara. Rhoda Fry discussed the Linda Vista/Evulich development project. Mark Fantozzi discussed the Linda Vista/Evulich development project. DerChang Kau and Alice Lin discussed the Linda Vista/Evulich development project. Chris Satterlee discussed staff’s work on the pickleball attenuation project. Lisa Warren (virtually) discussed road narrowing and housing growth on traffic. Call-In User_2 (virtually) discussed a code enforcement matter involving their home. Planning Commissioner San Rao (representing self) (virtually) discussed De Anza Boulevard lanes and housing element sites. David Y (virtually) discussed the Linda Vista/Evulich development project. Louise Saadati (virtually) discussed the Cupertino for All organization and housing. Vikram Saxena (virtually) discussed the Linda Vista/Evulich development project. CONSENT CALENDAR (Items 4-6) Mayor Moore opened the public comment period and, seeing no one, closed the public comment period. MOTION: Fruen moved and Mohan seconded to approve Consent Calendar Items 4-6. The motion passed with the following vote: Ayes: Moore, Chao, Fruen, Mohan and Wang. Noes: None. Abstain: None. Absent: None. 4. Subject: Approval of February 19, 2026 City Council meeting minutes. Recommended Action: Approve the February 19, 2026 City Council meeting minutes. City Council Minutes March 3, 2026 Page 6 5. Subject: Receive the Monthly Treasurer's Report for January 2026. Recommended Action: Receive the Monthly Treasurer's Report for January 2026. 6. Subject: Receive the Monthly Treasurer's Investment Report for January 2026. Recommended Action: Receive the Monthly Treasurer's Investment Report for January 2026. PUBLIC HEARINGS 7. Subject: Public hearing on the abatement of public nuisance from weeds or other fire hazards pursuant to provisions of Cupertino Municipal Code Chapter 9.08 and Resolution No. 25-101. Recommended Action: Conduct a public hearing for impacted property owners to contest the matter of proposed abatement and adopt the Resolution No. 26-023 ordering abatement of public nuisance from weeds or other fire hazards pursuant to provisions of Cupertino Municipal Code Chapter 9.08 and Resolution No. 25-101 Written communications for this item included a staff presentation. Acting City Clerk Lauren Sapudar gave a verbal report. Councilmembers asked questions and made comments. Mayor Moore opened the public hearing and the following members of the public spoke: Anne Chiang, 10213 Minor Place County of Santa Clara Weed Abatement Manager Garik Iosilevsky answered Council questions. Councilmembers asked questions and made comments. Mayor Moore closed the public hearing. MOTION: Mohan moved and Chao seconded the staff recommendation, as amended, to adopt Resolution No. 26-023 ordering abatement of public nuisance from weeds or other fire hazards pursuant to provisions of Cupertino Municipal Code Chapter 9.08 and Resolution No. 25-101 with an amendment to remove the property located at 10213 Minor Place. APN 316-26-065 from the list. The amended motion passed with the following vote: Ayes: Moore, Chao, Fruen, Mohan and Wang. Noes: None. Abstain: None. Absent: None. City Council Minutes March 3, 2026 Page 7 8. Subject: Conduct a Noticed Public Hearing to Consider Adopting a Resolution Vacating a Portion of Public Right-of-Way Located Along the Westerly boundary of Mary Avenue (APN 326-27-053). Recommended Action: 1. Find the project exempt from the California Environmental Quality Act (CEQA). 2. Adopt Resolution No. 26-024 approving the vacation of a portion of public right-of-way located along the westerly boundary of Mary Ave (APN 326-27-053). Written communications for this item included emails to Council and staff presentation. Councilmembers disclosed ex-parte communications. Senior Civil Engineer Jennifer Chu gave a staff presentation. Councilmembers asked questions and made comments. Mayor Moore opened the public hearing and the following members of the public spoke: Jennifer Griffin Michael Chu Paul Krupka Mahesh Gurikar Ranjan Desai Lina Janet Van Zoeren, Cindy Van Zoeren, Gia Pham and Nader V. David Hollister Pradeep Housing Commissioner Connie Cunningham (representing self) Jean Bedord Yvonne Thorstenson Planning Commissioner San Rao (representing self) (virtually) Planning Commissioner Seema Lindskog (representing self) (virtually) Mark (virtually) Louise Saadati (virtually) Councilmembers asked questions and made comments. Mayor Moore closed the public hearing. MOTION: Fruen moved and Mohan seconded the staff recommendation to adopt City Council Minutes March 3, 2026 Page 8 Resolution No. 26-024 approving the vacation of a portion of public right-of-way located along the westerly boundary of Mary Ave (APN 326-27-053). The motion passed with the following vote: Ayes: Moore, Fruen, and Mohan. Noes: Chao and Wang. Abstain: None. Absent: None. ACTION CALENDAR 9. Subject: Consider Adopting a Resolution Declaring the Mary Avenue property (APN 326-27-053) Exempt Surplus Land under the California Surplus Land Act. Recommended Action: 1. Find the project exempt from the California Environmental Quality Act (CEQA). 2. Adopt Resolution No. 26-025 declaring the Mary Avenue property (APN 326-37- 053) to be exempt surplus land pursuant to the provision of the Surplus Land Act codified at California Government Code subsection 54221(f)(1)(F)(i). Written communications for this item included emails to Council and staff presentation. City Attorney Floy Andrews gave a presentation. Councilmembers asked questions and made comments. Mayor Moore opened the public comment period and the following members of the public spoke: Jennifer Griffin Sunil Ranjan Desai Housing Commissioner Connie Cunningham (representing self) Lina Jean Bedord Yvonne Thorstenson Pradeep Kiran Varshneya Planning Commissioner San Rao (representing self) (virtually) Louise Saadati (virtually) Councilmembers asked questions and made comments. Mayor Moore closed the public comment period. MOTION: Fruen moved and Moore seconded the staff recommendation as amended to City Council Minutes March 3, 2026 Page 9 adopt Resolution No. 26-025 declaring the Mary Avenue property (APN 326-27-053) to be exempt surplus land pursuant to the provision of the Surplus Land Act codified at California Government Code subsection 54221(f)(1)(F)(i) with an amendment to add additional language in the resolution at the end of Section 3 to include: “although a portion of the Property has been used for public purposes, it is not essential for the agency’s operational needs and thus appropriately declared as surplus land. (See Airport Business Center v. City of Santa Rosa et al. 2025 116 Cal.App.5th 501)”. The motion as amended passed with the following vote: Ayes: Moore, Fruen, and Mohan. Noes: Chao and Wang. Abstain: None. Absent: None. At 9:53 p.m., Mayor Moore recessed the meeting. The meeting reconvened at 10:01 p.m. with all Councilmembers present (Wang virtually). 10. Subject: Acceptance of City Manager’s Mid-Year Financial Report for Fiscal Year 2025-26; Approval of Budget Modification increasing appropriations by $663,616 and revenues by $149,578. Recommended Action: 1. Accept the City Manager’s Mid-Year Financial Report for Fiscal Year 2025-26. 2. Adopt Resolution No. 26-026 approving Budget Modification No. 2526-433, increasing appropriations by $663,616 and revenues by $149,578 Written communications for this item included a staff presentation and a revised staff presentation. Acting Director of Administrative Services Jonathan Orozco gave a presentation. Acting Budget Manager Toni Oasay-Anderson provided the mid-year financial update portion of the presentation. Councilmembers asked questions and made comments. Mayor Moore opened the public comment period and, seeing no one, closed the public comment period. Mayor Moore closed the public comment period. MOTION: Chao moved and Wang seconded the revised staff recommendation to accept the City Manager’s Mid-Year Financial Report for Fiscal Year 2025-26 and adopt Resolution No. 26-026 approving Budget Modification No. 2526-433, increasing appropriations by $653,155 and revenues by $149,578 resulting in use of $503,577 in one-time unassigned fund balance. The motion, as revised, passed with the following vote: Ayes: Moore, Chao, Fruen, Mohan and Wang. Noes: None. Abstain: None. City Council Minutes March 3, 2026 Page 10 Absent: None. 11. Subject: Fiscal Year 2026-2027 Capital Improvement Programs and Five-year Plan. Recommended Action: Receive presentation and approve the Capital Improvement Programs Project Prioritization process and the Fiscal Year 2026-2027 Capital Improvement Programs and Five-Year Plan proposal. Written communications for this item included a staff presentation and supplemental reports to include revised Staff Report, revised CIP Projects Prioritization Process, revised FY 26-27 CIP projects Prioritization Matrix, and revised FY 26-27 CIP New Project Narratives. CIP Manager Susan Michael gave a presentation. Councilmembers asked questions and made comments. Mayor Moore opened the public comment period and the following members of the public spoke: Planning Commissioner San Rao (representing self) (virtually) MOTION: Moore moved and Fruen seconded to extend the meeting past 11:00 p.m. to continue hearing Item No. 11. The motion passed with the following vote: Ayes: Moore, Chao, Fruen, Mohan and Wang. Noes: None. Abstain: None. Absent: None. Mayor Moore closed the public comment period. MOTION: Chao moved and Mohan seconded the revised staff recommendation to approve the Capital Improvement Programs Project Prioritization process and the Fiscal Year 2026-2027 Capital Improvement Programs and Five-Year Plan proposal. The motion, as revised, passed with the following vote: Ayes: Moore, Chao, Fruen, and Mohan. Noes: Wang. Abstain: None. Absent: None. FRIENDLY AMENDMENT: Wang made a friendly amendment to take the queued projects in the Prioritization Matrix Appendix B and cut anything ranked below 300, and did not support the pickleball sound project. (Chao did not accept the friendly amendment and it was not included in the motion). ITEMS REMOVED FROM THE CONSENT CALENDAR – None CITY MANAGER REPORT 12. Subject: City Manager Report City Council Minutes March 3, 2026 Page 11 City Manager Tina Kapoor reported on recent highlights and upcoming events as provided in the published agenda. 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 Council did not hear this item. 14. Subject: Upcoming Draft Agenda Items Report A tentative council meeting agenda calendar was provided in the published agenda. ADJOURNMENT Mayor Moore adjourned in memory of Cupertino resident Boris Stanley. At 11:11 p.m., Mayor Kitty Moore adjourned the Regular City Council Meeting. Minutes prepared by: _______ Lauren Sapudar, City Clerk