CC 04-13-2023 (Special)
APPROVED MINUTES
CUPERTINO CITY COUNCIL
Thursday, April 13, 2023
SPECIAL MEETING
At 4:02 p.m. Mayor Wei called the Special City Council Meeting to order 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 Hung Wei, Vice Mayor Sheila Mohan, and Councilmembers Liang Chao, J.R.
Fruen and Kitty Moore. Absent: None.
CLOSED SESSION REPORT - None
CEREMONIAL ITEMS - None
POSTPONEMENTS AND ORDERS OF THE DAY – None
ORAL COMMUNICATIONS
Jennifer Griffin supported preserving the Stocklmeir property, including the history of the fruit
orchard.
Cathy Helgerson was concerned about construction progress at the former Vallco site and
issues of homelessness and supported youth training programs for the government job sector.
Peggy Griffin was concerned about a proposed Civic Center solar panel installation requiring
the removal of trees and supported an analysis prior to removal.
Lisa Warren was concerned about any Councilmembers potentially requiring recusal from the
Apple development item due to conflicts of interest and opposed the early meeting start time.
CONSENT CALENDAR (Items 1-3)
City Council Minutes April 13, 2023
Page 2
Mayor Wei opened the public comment period for items on the Consent Calendar and, seeing
no one, closed the public comment period.
Mohan moved and Fruen seconded to approve the items on the Consent Calendar, except for
Item 3 which was pulled for discussion. Ayes: Wei, Mohan, Chao, Fruen, and Moore. Noes:
None. Abstain: None. Absent: None.
Item 3 was placed after the Action Calendar for consideration.
1. Subject: Consider approval of the April 4 City Council minutes
Recommended Action: Approve the April 4 City Council minutes
2. Subject: Consider ratifying Accounts Payable for the periods ending February 10, 2023;
February 17, 2023; February 24, 2023; and March 3, 2023
Recommended Action: A. Adopt Resolution No. 23-043 ratifying Accounts Payable for
the Period ending February 10, 2023;
B. Adopt Resolution No. 23-044 ratifying Accounts Payable for the Period ending
February 17, 2023;
C. Adopt Resolution No. 23-045 ratifying Accounts Payable for the Period ending
February 24, 2023; and
D. Adopt Resolution No. 23-046 ratifying Accounts Payable for the Period ending
March 3, 2023
PUBLIC HEARINGS
4. Subject: Consider the proposed development of a 282,320-square-foot office building
with a detached 213,080-square-foot parking structure and removal and replacement of
113 trees subject to a Development Permit, Architectural and Site Approval, and Tree
Removal Permit, and exemption from the California Environmental Quality Act.
(Application No(s): DP-2021-001, ASA-2021-003, TR-2021-020; Applicant(s): Apple, Inc.;
Location: 19191 Vallco Parkway; APN #316-20-117)
Recommended Action: Recommends that the City Council adopt the Resolutions
(Attachments A-C) to:
1. Find the project exempt from CEQA pursuant to Guidelines section 15183;
2. Adopt Resolution No. 23-047 approving the Development Permit (DP-2021-001)
including the adoption of alternative parking standards pursuant to Municipal Code
section 19.124.060(C);
3. Adopt Resolution No. 23-048 approving the Architectural and Site Approval Permit
(ASA-2021-003); and
4. Adopt Resolution No. 23-049 approving the Tree Removal Permit (TR-2021-020).
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Presenter: Gian Martire, Senior Planner
Written communications for this item included staff and applicant presentations, a
supplemental report of Phase I ESA-Phase II Report, a supplemental report and desk
item with staff responses to councilmember questions, and emails to Council.
Senior Planner Gian Martire gave a presentation.
Gary Chao, Head of Development Services for Apple Real Estate & Development, gave a
presentation.
Councilmembers disclosed any ex parte communications prior to deliberation in this matter.
Councilmembers asked questions and made comments.
Placeworks consultants Mike Watson, Senior Geologist, and Terri McCracken, Associate
Principal, answered questions.
Mayor Wei opened the public hearing and the following people spoke.
Jennifer Griffin supported the project approval.
Peggy Griffin supported the project with additional requirements, including a covenant
to list those commercial space conditions. (Shared written comments).
Jennifer Van Every, representing Shashi Hospitality Group/Aloft Hotel, supported the
project approval.
Sean Panchal, representing First Muganson Holdings Cupertino, supported the
development approval.
Louise Saadati supported the project approval and City staff and involved residents.
Bicycle Pedestrian Commissioner Jennifer Shearin (representing self) supported the
development approval, including the bike shop.
Claudio Bono supported approval of the project.
Jean Bedord supported approval of the project.
Rhoda Fry supported the project approval and was concerned about housing, retail,
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Page 4
density, parking, a head count tax, and bird safety.
Cathy Helgerson was concerned about the facility next door on Bandley Drive emitting
pollution.
Housing Commissioner Connie Cunningham (representing self) supporting the project
and addressing the bird safety and dark sky impacts of the Alternative Plan.
Mayor Wei closed the public hearing.
Wei moved and Chao seconded the recommended action.
Fruen added a friendly amendment to include Moore’s changes, based upon errors
detected in the packet. Wei and Chao accepted the friendly amendment.
Final motion:
Wei moved and Chao seconded, as amended, to:
1. Find the project exempt from CEQA pursuant to Guidelines section 15183;
2. Adopt Resolution No. 23-047 approving the Development Permit (DP-2021-001)
including the adoption of alternative parking standards pursuant to Municipal Code
section 19.124.060(C), as amended:
• Page 3, Item 2. The granting of the exception will not be injurious to property or
improvements in the area nor be detrimental to the public safety, health and
welfare.
…VP1 Apple Office Project CEQA Guidelines Section 15183 Checklist which
concluded that the project would not create any significant impacts beyond what was
analyzed in the City’s General Plan EIR.
• Page 7, Item 13. PRE-CONSTRUCTION MEETING AND CONSTRUCTION
MANAGEMENT PLAN
a. Compliance with CEQA mitigation measures
3. Adopt Resolution No. 23-048 approving the Architectural and Site Approval Permit
(ASA-2021-003); and
4. Adopt Resolution No. 23-049 approving the Tree Removal Permit (TR-2021-020).
The amended motion carried unanimously.
Council recessed from 5:35 to 5:43 p.m.
ACTION CALENDAR
5. Subject: Consider submitting a letter in support of, or otherwise regarding, Assembly
Constitutional Amendment (“ACA”) 5, expressing the intent of the Legislature to
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amend the California Constitution to protect marriage equality
Recommended Action: Consider submitting a letter in support of ACA 5
Presenter: Christopher Jensen, City Attorney
City Attorney Christopher Jensen reviewed the staff report.
Councilmembers asked questions and made comments.
Mayor Wei opened the public comment period and the following people spoke.
Bicycle Pedestrian Commissioner Jennifer Shearin (representing self) supported
submitting a letter in support of ACA 5.
Cathy Helgerson opposed submitting a letter in support of ACA 5.
Geoff Paulsen supported submitting a letter in support of ACA 5.
Louise Saadati supported submitting a letter in support of ACA 5.
Housing Commissioner Connie Cunningham (representing self) supported submitting a
letter in support of ACA 5.
Liana Crabtree supported submitting a letter in support of ACA 5.
Mayor Wei closed the public comment period.
Fruen moved and Chao seconded to submit a letter in support of Assembly
Constitutional Amendment (“ACA”) 5, expressing the intent of the Legislature to amend
the California Constitution to protect marriage equality. The motion carried
unanimously.
6. Subject: Consider the FY 2023-24 10-Year Budget Forecast Informational Update
presentation
Recommended Action: Receive the FY 2023-24 10-Year Budget Forecast Informational
Update presentation
Presenters: Kristina Alfaro, Director of Administrative Services and Thomas Leung,
Budget Manager
Written communications for this item included a supplemental report with staff
responses to councilmember questions, and emails to Council.
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Administrative Services Director Kristina Alfaro and Budget Manager Thomas Leung
gave a presentation.
Councilmembers asked questions and made comments.
Mayor Wei opened the public comment period and the following people spoke.
Geoff Paulsen opposed selling Blackberry Farm Golf Course to generate revenue.
Cathy Helgerson opposed the budget update options and paying back sales tax
revenues and supported other solutions. (Submitted written comments).
Peggy Griffin opposed selling assets and supported spending reductions and alternate
savings ideas. (Submitted written comments).
Louise Saadati supported collaborative solutions, strategic reductions, revenue
increases, and waiting for more details to unfold before making cuts.
Bicycle Pedestrian Commissioner Jennifer Shearin (representing self) asked why the
previous Council did not discuss the matter and supported strategic reductions.
Jean Bedord was concerned about the budget balancing options presented and
supported a strategic emphasis in other areas.
Rhoda Fry opposed selling assets and was concerned about clear messaging and why
the matter wasn’t brought forward sooner by staff. (Submitted written comments).
Housing Commissioner Govind Tatachari (representing self) opposed selling assets and
supported exploring payback negotiation strategies and spending management.
San R supported spending reductions and additional details on staffing, revenue levels,
and City projects and opposed selling assets.
Lisa Warren opposed selling assets and receiving support from outside interests and
supported spending reductions.
Mayor Wei closed the public comment period.
Council received the FY 2023-24 10-Year Budget Forecast Informational Update
presentation.
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Council recessed from 7:52 p.m. to 8:30 p.m.
ITEMS REMOVED FROM THE CONSENT CALENDAR
The following item was pulled from the Consent Calendar and placed after the Action
Calendar for discussion.
3. Subject: Consider authorizing City funding of up to $2,200 for the visit to Sister City
Hsinchu, Taiwan.
Recommended Action: Authorize City funding of up to $2,200 for the visit to Sister
City Hsinchu, Taiwan.
Written communications for this item included a supplemental report and desk item
with staff responses to councilmember questions, and emails to Council.
Councilmembers asked questions and made comments.
City Manager Pamela Wu answered questions.
Mayor Wei opened the public comment period and the following people spoke.
Peggy Griffin opposed authorizing City funding.
Jean Bedord supported authorizing City funding.
Louis Saadati supported authorizing City funding.
Rhoda Fry was concerned about the short notice to authorize City funding.
San R opposed authorizing City funding.
Liana Crabtree was concerned about the role of the City Manager on the visit.
Lisa Warren opposed authorizing City funding.
Housing Commissioner Tessa Parish (representing self) was concerned about public
perception and setting a precedent by authorizing City funding.
Mayor Wei closed the public comment period.
Wei moved and Mohan seconded to authorize City funding of up to $2,200 for the visit
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to Sister City Hsinchu, Taiwan. The motion carried with Chao and Moore voting no.
COUNCIL REPORTS AND COMMENTS
7. Subject: Councilmember Reports
Written communications for this item included a Council Report from Councilmember
Chao.
Councilmembers reported on their various committees and activities, as provided in the
published agenda and written communications.
CITY MANAGER REPORT
City Manager Pamela Wu shared a video montage showing photos of the recent Big Bunny 5K
Race and Kids Fun Run event.
ORAL COMMUNICATIONS - CONTINUED
Mayor Wei reopened Oral Communications.
Stanley Young, representing IFPTE Local 21 and speaking on behalf of Local 21 members who
are CEA, supported investing in City employees and Council direction that includes fair cost of
living increases for staff.
Mayor Wei closed Oral Communications.
INFORMATIONAL ITEMS
8. Subject: Consider the Monthly Treasurer's Report for February 2023
Recommended Action: Receive the Monthly Treasurer's Report for February 2023
The informational report was provided as part of the published agenda.
9. Subject: Consider the Monthly Treasurer's Investment Report for February 2023
Recommended Action: Receive the Monthly Treasurer's Investment Report for
February 2023
The informational report was provided as part of the published agenda.
COUNCIL AND STAFF COMMENTS AND FUTURE AGENDA ITEMS
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Council did not hear this item.
Council recessed from 9:32 p.m. to 9:40 p.m.
At 9:40 p.m. Mayor Wei reconvened the Special City Council Meeting in closed session in City
Hall Conference Room C, 10300 Torre Avenue.
CLOSED SESSION
10. Subject: Conference with legal counsel - initiation of litigation pursuant to Government
Code § 54956.9(c) (two cases)
Council met with legal counsel regarding initiation of litigation (two cases).
11. Subject: Conference with Labor Negotiators pursuant to Government Code § 54957.6
(Kristina Alfaro and Christopher Boucher)
Council met with Labor Negotiators.
OPEN SESSION REPORT REGARDING CLOSED SESSION
City Attorney Chris Jensen conducted the open session report regarding the Closed Session.
City Attorney Jensen reported that Council authorized the initiation of an administrative
appeal of the anticipated CDTFA’s decision to reallocate sales tax revenue to jurisdictions
outside of Cupertino. There was no other reportable action.
ADJOURNMENT
At 11:13 p.m., Mayor Wei adjourned the Special City Council Meeting.
Minutes prepared by:
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Kirsten Squarcia, City Clerk