CC 10-17-2023 (Special)
APPROVED MINUTES
CUPERTINO CITY COUNCIL
Tuesday, October 17, 2023
SPECIAL MEETING
At 5:30 p.m., Mayor Wei called the Special City Council Meeting to order 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 (5:38
p.m.), J.R. Fruen (5:32 p.m.) and Kitty Moore. Absent: none.
ACTION CALENDAR
1. Subject: Approval of Joint Powers Agreement to establish the Cities Association of Santa
Clara Count Joint Powers Agency
Recommended Action: 1. Approve the proposed Joint Powers Agreement (“JPA”)
2. Delegate authority to the City Council’s Cities Association of Santa Clara County
(“CASCC”) Board representative to report approval of the JPA at the CASCC Board of
Directors (“CASCC Board”) Meeting
3. Authorize the City Manager to execute the JPA
Presenter: Christopher Jensen, City Attorney
Written communications for this item included a supplemental report with staff responses
to councilmember questions and a councilmember email.
Cities Association of Santa Clara County (“CASCC”) Executive Director Shali Sirkay, San
Jose Vice Mayor Chappie Jones, and CASCC Co-General Counsel Jannie Quinn of Renne
Public Law Group (RPLG) answered questions.
Councilmembers asked questions and made comments.
Councilmember Fruen joined the meeting at 5:32 p.m. and Councilmember Chao joined
City Council Minutes October 17, 2023
Page 2
the meeting at 5:38 p.m.
Mayor Wei opened the public comment period and, seeing no one, closed the public
comment period.
SUBSTITUTE MOTION: Moore moved and Chao seconded a substitute motion to
continue this item until the City of San Jose’s meeting can be viewed, and an informational
report can be provided, and then return to Council two- to four-weeks after the meeting.
FRIENDLY AMENDMENT: Chao made a friendly amendment that when the item returns
to Council, to consider approving the JPA but with comments addressing concerns on the
bylaws, and then send to the CASCC Executive Board for consideration. (Moore accepted
Chao’s friendly amendment).
FRIENDLY AMENDMENT: Chao made a second friendly amendment to provide the
following comments to the Executive Board:
1) The bylaws should address the concerns for a unified voice by majority vote and include
diverse opinions of members;
2) Increase diversity and inclusion in the representation on the Executive Board over time;
and
3) Clarify restrictions on policy representation- bylaws should outline the Legislative
Action Committee limits and what it can and cannot do in terms of representing policies.
(Moore accepted Chao’s friendly amendment).
The substitute motion failed with the following vote: Ayes: Chao and Moore. Noes: Wei,
Mohan, and Fruen. Abstain: None. Absent: None.
MOTION: Fruen moved and Mohan seconded to:
1. Approve the proposed Joint Powers Agreement (“JPA”);
2. Delegate authority to the City Council’s Cities Association of Santa Clara County
(“CASCC”) Board representative to report approval of the JPA at the CASCC Board of
Directors (“CASCC Board”) Meeting; and
3. Authorize the City Manager to execute the JPA.
The motion carried with the following vote: Ayes: Wei, Mohan, and Fruen. Noes: Chao
and Moore. Abstain: None. Absent: None.
ADJOURNMENT
At 6:12 p.m., Mayor Wei adjourned the Special City Council Meeting.
REGULAR MEETING
At 6:45 p.m., Mayor Wei 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
City Council Minutes October 17, 2023
Page 3
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
1. Subject: Recognition of October as Domestic Violence Awareness Month
Recommended Action: Recognize October as Domestic Violence Awareness Month
Mayor Wei Recognized October as Domestic Violence Awareness Month.
POSTPONEMENTS AND ORDERS OF THE DAY
Moore moved to continue Item 7 Options for construction of a City Hall facility to a date
uncertain. There was no second and the motion was not considered.
ORAL COMMUNICATIONS
Claudio Bono discussed an upcoming Cupertino Historical Society event and political matters.
Kathy Stakey discussed City staff and Domestic Violence Awareness Month.
Chester Haley, representing Carpenters Local Union 405, discussed union values and wages.
Santosh Rao discussed the processes for agenda setting and public comment and City projects
and events.
Rhoda Fry discussed recorded commission meetings, the CDTFA audit, City projects, and
revenue strategies. (Submitted written comments).
Jenny Huang discussed City policies and a Code Enforcement matter.
Patrick Kwok discussed the street sweeping program and parking enforcement.
Louis Saadati discussed the City Attorney’s response to a lawsuit.
City Council Minutes October 17, 2023
Page 4
Lisa Warren discussed the City Attorney’s response to a lawsuit, agenda item selection, and the
Housing Element.
CONSENT CALENDAR (Items 2-6)
Mayor Wei opened the public comment period and, seeing no one, closed the public comment
period.
Councilmembers made comments.
MOTION: Fruen moved and Chao seconded to approve the items on the Consent Calendar as
presented. FRIENDLY AMENDMENT: Chao made a friendly amendment to include the
Amended Draft Resolution for Item #6. (Fruen accepted the friendly amendment). The amended
motion carried with the following vote: Ayes: Wei, Mohan, Chao, Fruen, and Moore. Noes: None.
Abstain: None. Absent: None.
2. Subject: Ratifying Accounts Payable for the periods ending September 1, 2023;
September 8, 2023; September 15, 2023; September 22, 2023; and September 29, 2023
Recommended Action: A. Adopt Resolution No. 23-108 ratifying Accounts Payable for
the Period ending September 1, 2023;
B. Adopt Resolution No. 23-109 ratifying Accounts Payable for the Period ending
September 8, 2023;
C. Adopt Resolution No. 23-110 ratifying Accounts Payable for the Period ending
September 15, 2023;
D. Adopt Resolution No. 23-111 ratifying Accounts Payable for the Period ending
September 22, 2023; and
E. Adopt Resolution No. 23-112 ratifying Accounts Payable for the Period ending
September 28, 2023
Written communications for this item included a supplemental report with staff responses
to councilmember questions and a councilmember email.
3. Subject: Second reading of Cupertino Municipal Code, Chapter 9.22, expanding existing
property maintenance requirements in accordance with California Health and Safety
Code 17970.5
Recommended Action: Conduct a second reading and enact Ordinance No. 23-2250:
“AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING CITY CODE CHAPTER 9.22 of Title 9 (Health and Sanitation) TO
PROHIBIT SUBSTANDARD HOUSING CONDITIONS".
4. Subject: Second reading of Ordinance No. 23-2251 amending Tobacco Regulation
City Council Minutes October 17, 2023
Page 5
Ordinance Municipal Code chapter 5.50
Recommended Action: Conduct a second reading and enact Ordinance No. 23-2251; "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING
CHAPTER 5.50 TO TITLE 5 (BUSINESS LICENSES AND REGULATIONS) TO
REGULATE THE SALE OF TOBACCO PRODUCTS".
5. Subject: Stevens Creek Boulevard/Calabazas Creek Storm Drain Repair Emergency
Work status report and authorization to continue.
Recommended Action: Receive a status update on the Emergency Work at Stevens Creek
Boulevard/Calabazas Creek Storm Drain Capital Improvement Programs (CIP) project
and authorize the continuation of the emergency action, by four-fifths vote.
Written communications for this item included a supplemental report with staff responses
to councilmember questions, new Attachment A - Plans for Calabazas Creek at Stevens
Creek Blvd and Attachment B - Photos of Storm Drain Damage, and a councilmember
email.
6. Subject: Amend the established City Council meeting calendar through January 17,
2024
Recommended Action: Adopt Resolution 23-113 amending the established City
Council meeting calendar through January 17, 2024
Written communications for this item included new Attachment B - Amended Draft
Resolution and an email to Council.
PUBLIC HEARINGS – None
ACTION CALENDAR
7. Subject: Options for construction of a City Hall facility
Recommended Action: Direct staff to pursue conceptual development of a mixed used
Public Private Partnership for City Hall and the Sports Center properties
Written communications for this item included a staff presentation, a supplemental report
with staff responses to councilmember questions, a councilmember email, and emails to
council.
Assistant City Manager Matt Morley and CIP Manager Susan Michael gave a presentation.
Councilmembers asked questions and made comments.
City Council Minutes October 17, 2023
Page 6
Mayor Wei opened the public comment period and the following people spoke. Mayor
Wei reduced the time allotted for public comment and allowed for consolidation of time
among speakers.
Brooke Ezzat
Susan Wuthrich (submitted written comments)
Enuace, Ken, Larry, Betty, and Lauie ceded time to Susan Wuthrich.
Rocky Chen
Ravi Rajagopalan
Marcia Alicea
Vidya
Janet Chang
Madhumita Datta
Kamchan Patalay
Edward Hirschfield
Ravi Kumar, Sargon Issac, Lee See Loh, and Carrie Y ceded time to Edward Hirschfield.
Joe Stevens
Laura Carroll
Pankaj Malviya
Tak Young, Gloria Young, Kiran Kolpe, and George Mattinger ceded time to Pankaj
Malviya.
Santosh Rao
Ahmad Yazdi
Patrick Kwok
Sandra Miller
Rajeev Krishnamoorthy
Rhoda Fry
Derek Chen
Prathap Kudupu
Arjun Ghatak
Craig Cerbagi
Amir
Jean Yih
Poonam
Amy Meno
Sam Liu
Karen
Srinivas Ketavarapu
Jean Bedord
Mayor Wei closed the public comment period.
City Council Minutes October 17, 2023
Page 7
At 9:12 p.m., Mayor Wei recessed the meeting. The meeting reconvened at 9:19 p.m. with
all Councilmembers present.
SUBSTITUTE MOTION: Moore moved and Chao seconded a substitute motion to deny
the recommended action and reaffirm the prior City Council renovation and pursue the
alternative a la carte options. Moore’s substitute motion failed with the following vote:
Ayes: Chao and Moore. Noes: Wei, Mohan, and Fruen. Abstain: None. Absent: None.
SUBSTITUTE MOTION: Chao moved and Moore seconded a substitute motion to stop
spending more staff time and money on consultants to pursue options that would likely
come at a significant cost to the City; and consider putting a Council sponsored ballot
measure in the 2024 General Election to ask for voter approval of the renovation of the
City Hall project, up to $40M ($37.5M with some contingency cost). Chao’s substitute
motion failed with the following vote: Ayes: Chao and Moore. Noes: Wei, Mohan, and
Fruen. Abstain: None. Absent: None.
MOTION: Wei moved and Fruen seconded to direct staff to pursue conceptual
development with viable financing strategies for the City Hall, including a new City Hall
and/or renovation of existing City Hall, while excluding development to publicly owned
recreational facilities including the Sports Center. Also, instruct City staff to research and
bring to the public and City Council the following:
1) Examples of successful Public Private Partnership projects for reference;
2) Pursue partnership with potential development partnerships.
The motion carried with the following vote: Ayes: Wei, Mohan, and Fruen. Noes: Chao
and Moore. Abstain: None. Absent: None.
8. Subject: Blackberry Farm (BBF) Golf Course Feasibility Study, considering options to
complete minimal repairs and improvements to the BBF Golf Course (Option 1) or
convert BBF Golf Course to a Natural Habitat (Option 3).
Recommended Action: Direct staff to proceed with minimal repairs to maintain the BBF
Golf Course (Option 1).
Written communications for this item included a staff presentation and emails to Council.
Director of Public Works Chad Mosley and CIP Manager Susan Michael gave a
presentation.
Councilmembers asked questions and made comments.
Mayor Wei opened the public comment period and the following people spoke. Mayor
City Council Minutes October 17, 2023
Page 8
Wei reduced the time allotted for public comment.
Xinpei
Dave Villafana
Andy Garrido
Kathy Stakey
Pat Dowd
Emily Poon, representing Friends of Blackberry Farm Golf Course (submitted written
comments)
Rhoda Fry
Keith Kreft
Len Dumas, representing Northern California PGA
Emmy Moore Minister
Jean Bedord
Will Johnson (submitted written comments)
Rich Parker
Mayor Wei paused the public comment period.
MOTION: Wei moved and Fruen seconded to extend the meeting to 11:30 p.m. to continue
discussion on this item. The motion carried with the following vote: Ayes: Wei, Mohan,
Chao, Fruen, and Moore. Noes: None. Abstain: None. Absent: None.
Mayor Wei resumed the public comment period and the following people spoke.
Claudio Bono
Nancy Sallan
Dashiell Leeds, representing Sierra Club Loma Prieta Chapter
Shani Kleinhaus, representing Santa Clara Valley Audubon Society
San R
Nick Bailey
Lisa Warren
Mayor Wei closed the public comment period.
MOTION: Chao moved and Fruen seconded the staff recommendation (to retain the
Golf Course) to direct staff to proceed with minimal repairs to maintain the BBF Golf
Course (Option 1) and, in addition:
• prioritize (b) “Evaluate operational and fee rate changes that may improve
revenue generation and cost recovery” - the fee update since it hasn’t been
updated for many years.
City Council Minutes October 17, 2023
Page 9
• bring a simpler fee schedule update to the Council as soon as possible.
(Fruen seconded the motion with the proviso that it be discussed further).
FRIENDLY AMENDMENT Chao made a friendly amendment:
Amendment 1:
• Bring more information on Audubon certification to the Council.
• In one to two years, bring a proposal for fee restructuring to consider:
o deeper discounts for Cupertino residents.
o deeper discounts for youth 18 years or younger and/or fee waiver for younger
youth.
o deeper discounts and/or fee waiver for low income residents and public
agency employees.
Amendment 2:
• Consult with organizations like Audubon and Sierra Club on the minimal
improvements to be wildlife friendly - such as no addition of netting and
• The operation shall not exceed the current operation time to protect wildlife.
• No future discussion of leasing or selling or intensifying the site. Retain the city
ownership.
(Fruen declined the friendly amendment and it was not included in the motion).
FRIENDLY AMENDMENT: Fruen made a friendly amendment that with the
recommended direction, staff will pursue:
a. An updated scope, schedule of work, and cost estimate relating to Option 1
(minimal repairs to the golf course);
b. Evaluate operational and fee rate changes that may improve revenue generation
and cost recovery;
c. Investigate golf course and facility improvements that may increase revenue,
further reduce water use, and opportunities to increase natural habitat areas
where feasible; and
d. Explore the potential of leasing the golf course to an outside vendor to further
reduce expenditures and increase City revenues.
e. Focus plans for outdoor uses on daytime use in order to avoid significant
evening light impacts and noise impacts.
(Chao accepted the friendly amendment).
FRIENDLY AMENDMENT: Chao made a friendly amendment to bring more information
on Audubon certification to the Council. (Fruen accepted the friendly amendment).
FRIENDLY AMENDMENT: Chao made a friendly amendment for no future discussion
of leasing or selling or intensifying the site and to retain the city ownership. (Fruen
declined the friendly amendment and it was not included in the motion).
FRIENDLY AMENDMENT: Moore made a friendly amendment to modify the language
for lighting for night activities to prohibit wildlife disturbing night activities with lighting.
(Fruen declined the friendly amendment and it was not included in the motion).
Council did not vote on this motion.
City Council Minutes October 17, 2023
Page 10
MOTION: Wei moved and Chao seconded to extend the meeting to 11:45 p.m. to continue
discussion on the item. The motion carried with the following vote: Ayes: Wei, Mohan,
Chao, Fruen, and Moore. Noes: None. Abstain: None. Absent: None.
SUBSTITUTE MOTION: Wei moved and Moore seconded the recommended action.
With the recommended direction, staff will pursue:
a. An updated scope, schedule of work, and cost estimate relating to Option 1
(minimal repairs to the golf course);
b. Evaluate operational and fee rate changes that may improve revenue generation
and cost recovery;
c. Investigate golf course and facility improvements that may increase revenue,
further reduce water use, and to look for opportunities to increase natural habitat
areas where feasible; and
d. Explore the potential of leasing the golf course to an outside vendor to further
reduce expenditures and increase City revenues.
The substitute motion carried with the following vote: Ayes: Wei, Mohan, Chao, Fruen,
and Moore. Noes: None. Abstain: None. Absent: None.
ADJOURNMENT
At 11:27 p.m., Mayor Wei adjourned the Regular City Council Meeting, per Council rule. There
was no Council discussion on the remaining agenda items.
COUNCIL REPORTS AND COMMENTS
9. Subject: Councilmember Reports
Written communications for this item included a supplemental report from Mayor Wei.
Councilmembers reported on their various committees and activities as provided in the
published agenda and written communications.
CITY MANAGER REPORT
Council did not hear this item.
ORAL COMMUNICATIONS - CONTINUED - None
INFORMATIONAL ITEMS
City Council Minutes October 17, 2023
Page 11
10. Subject: Receive the Monthly Treasurer's Report for September 2023
Recommended Action: Receive the Monthly Treasurer's Report for September 2023
The Monthly Treasurer's Report for September 2023 was provided as part of the
published agenda.
11. Subject: Receive the Monthly Treasurer's Investment Report for September 2023
Recommended Action: Receive the Monthly Treasurer's Investment Report for
September 2023
The Monthly Treasurer's Investment Report for September 2023 was provided as part
of the published agenda.
COUNCIL AND STAFF COMMENTS AND FUTURE AGENDA ITEMS
Council did not hear this item.
Minutes prepared by:
_
Kirsten Squarcia, City Clerk