CC 02-06-2024
APPROVED MINUTES
CUPERTINO CITY COUNCIL
Tuesday, February 6, 2024
At 6:45 p.m., Mayor Sheila Mohan 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.
ROLL CALL
Present: Mayor Sheila Mohan, Vice Mayor J.R. Fruen, and Councilmembers Liang Chao, Kitty
Moore, and Hung Wei. Absent: none.
CLOSED SESSION REPORT - None
CEREMONIAL ITEMS
1. Subject: Recognition of STEM Winners from the City of Cupertino who participated in
the Santa Clara County 2023 Synopsys Championship Science Fair
Recommended Action: Recognize STEM Winners from the City of Cupertino who
participated in the Santa Clara County 2023 Synopsys Championship Science Fair
Santa Clara Valley Science and Engineering Fair Association (SCVSEFA) representative
Aulena Chaudhuri spoke.
Mayor Mohan recognized the STEM Winners from the City of Cupertino who participated
in the Santa Clara County 2023 Synopsys Championship Science Fair.
2. Subject: Recognition of February as Black History Month
Recommended Action: Recognize February as Black History Month
Mayor Mohan recognized February as Black History Month.
As part of ceremonial matters, Mayor Mohan recognized the passing of former Cupertino Mayor
Philip Johnson. Mr. Johnson’s wife, Petchie Johnson, and mother, Barbara Johnson, also spoke.
City Council Minutes February 6, 2024
Page 2
POSTPONEMENTS AND ORDERS OF THE DAY
MOTION: Wei moved and Moore seconded to postpone Item 11 Cessation of Hybrid
Commission and Committee Meetings to February 21. The motion carried with the following
vote: Ayes: Mohan, Fruen, Moore, and Wei. Noes: Chao. Abstain: None. Absent: None.
ORAL COMMUNICATIONS
Written communications for this item included emails to Council.
The following people spoke:
Jennifer Griffin discussed the Regional Housing Needs Allocation (RHNA) and Housing
Element.
Parks and Recreation Commissioner Hemant Buch (representing self) discussed the Athletic
Field Use Policy.
Brooke Ezzat discussed the recent weather event and the Housing Element.
Prabhu K discussed the Athletic Field Use Policy.
Rinky Gupta discussed the Athletic Field Use Policy.
Srividya Sundaresan discussed Cupertino Sports Center operations.
Srikantan Nagarajan discussed Cupertino Sports Center operations.
Parks and Recreation Commissioner Claudio Bono (representing self) discussed the Transient
Occupancy Tax (TOT).
Louise Saadati discussed City finances and revenue strategies.
Parks and Recreation Commissioner Jennifer Shearin (representing self) discussed Regnart
Creek Trail access.
San R discussed Fremont Union High School District (FUHSD) Board meetings and Cupertino
Sports Center operations.
Babu Srinavasan discussed hybrid Commission meetings (Item 11) and City Commission
appointments.
City Council Minutes February 6, 2024
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Tracy K discussed FUHSD Board meetings.
Call-In User 1 discussed a Code Enforcement matter.
CONSENT CALENDAR (Items 3-10)
Mayor Mohan opened the public comment period and, seeing no one, closed the public comment
period.
MOTION: Wei moved and Fruen seconded to approve the items on the Consent Calendar except
for items 7, 8, and 9 which were pulled for discussion. The motion carried with the following
vote: Ayes: Mohan, Fruen, Chao, Moore, and Wei. Noes: None. Abstain: None. Absent: None.
Items 7, 8, and 9 were placed after the Action Calendar for consideration.
3. Subject: Approve the December 19, 2023 (Closed Session) City Council minutes
Recommended Action: Approve the December 19, 2023 (Closed Session) City Council
minutes
4. Subject: Approve the January 12, 2024 City Council minutes
Recommended Action: Approve the January 12, 2024 City Council minutes
5. Subject: Approve the January 17, 2024 City Council minutes
Recommended Action: Approve the January 17, 2024 City Council minutes
6. Subject: Approve the January 29, 2024 (Closed Session) City Council minutes
Recommended Action: Approve the January 29, 2024 (Closed Session) City Council
minutes
10. Subject: Approve a Cooperative Services Agreement with SHI International Corporation
for Managed, Detection, and Response (MDR) Cybersecurity services, for a total not-to-
exceed amount of $180,025.50.
Recommended Action: Authorize the City Manager to execute a Cooperative Services
Agreement with SHI International Corp., for Managed, Detection, and Response (MDR)
Cybersecurity services for a total not-to-exceed amount of $180,025.50.
PUBLIC HEARINGS - None
ACTION CALENDAR
11. Subject: Cessation of Hybrid Commission and Committee Meetings
City Council Minutes February 6, 2024
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Recommended Action: Conduct City Council and Planning Commission meetings in a
hybrid format while continuing to utilize in-person only meetings for all other
Commissions and Committee meetings
Presenter: Bill Mitchell, Chief Technology Officer
Written communications for this item included a staff presentation, supplemental report
with staff responses to councilmember questions, and emails to Council.
As noted under Postponements and Orders of the Day, this item was postponed to
February 21.
12. Subject: Cost Allocation Plan, User Fee Study, and Cost Recovery Policy
Recommended Action: Receive and File Cost Allocation Plan and User Fee Study and
provide direction on the components of a Cost Recovery Policy
Presenter: Kristina Alfaro, Director of Administrative Services
Written communications for this item included staff and consultant presentations, a
supplemental report with staff responses to councilmember questions, and emails to
Council.
Administrative Services Director Kristina Alfaro and Finance Manager Jonathan Orozco
gave a presentation.
Courtney Ramos, Senior Vice President/Chief Financial Officer with Matrix Consulting
Group, gave a presentation.
Councilmembers asked questions and made comments.
Mayor Mohan opened the public comment period and the following people spoke.
Peggy Griffin
Jennifer Griffin
San R
Tessa Parish
Mayor Mohan closed the public comment period.
At 8:37 p.m., Mayor Mohan recessed the meeting. The meeting reconvened at 8:46 p.m.
with all Councilmembers present.
Council received and filed the Cost Allocation Plan and User Fee Study and provided the
following input as potential components of a Cost Recovery Policy:
City Council Minutes February 6, 2024
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• The Council was supportive of the five policy components proposed by staff
• Councilmembers provided various comments specific to the fee study
ITEMS REMOVED FROM THE CONSENT CALENDAR
7. Subject: Second reading of Municipal Code Amendment to Chapter 19.76 to allow
privately operated educational uses and privately operated public serving uses in the BA
zoning district. (Application No. MCA-2023-003; Applicant: City of Cupertino; Location:
BA-zoned (Public Building) properties in Cupertino)
Recommended Action: Conduct the second reading and enact Ordinance No. 23-2253:
“An Ordinance of the City Council of the City of Cupertino to amend Cupertino
Municipal Code Chapter 19.76 (Table 19.76.030) to allow privately operated educational
uses and privately operated public serving uses in the BA zoning district”.
Written communications for this item included a supplemental report with staff responses
to councilmember questions, Attachment B - Table of BA Zoned Sites, and emails to
Council.
This item was pulled from the Consent Calendar for discussion.
Councilmembers asked questions and made comments.
Mayor Mohan opened the public comment period and the following people spoke.
Susan Wuthrich
Peggy Griffin (submitted written comments)
Jennifer Griffin
Lisa Warren
Louise Saadati
Babu Srinivasan
San R
Tessa Parish
Mayor Mohan closed the public comment period.
MOTION: Moore moved and Chao seconded a motion to direct staff to return for a first
reading with the following changes:
• Under Table 19.76.030 - Permitted, Conditional, and Excluded Uses in BA, BQ and
T Zones, Uses:
2. Privately operated educational uses and privately operated public serving
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uses, including but not limited to, day care and private educational facilities and
current school sites only….; and
• Staff return with suggestions for definitions on public serving uses at future date.
Council did not vote on this motion.
SECOND SUBSTITUTE MOTION: Chao moved and Moore seconded a second substitute
motion to direct staff to return for a first reading with the following changes:
• Revise Item 2 of the table: Table 19.76.030 - Permitted, Conditional, and Excluded
Uses in BA, BQ and T Zones to Revise it to remove the reference to the term
“public serving uses” and “opinion of the Director of Community Development”.
2. Privately operated educational uses and privately operated public serving
uses, including, but not limited to, day care and private educational facilities,
which, in the opinion of the Director of Community Development, are similar
to the existing permitted uses in the BA zoning district, and which do not
create significant adverse impacts to the surrounding area.
o With “CUP - PC” – Conditional Use Permit issued by the Planning
Commission
• Add Item 3 to the table for “privately operated public serving uses” and with
“CUP - CC” – Conditional Use Permit issued by the City Council
o Include a list of all BA zoned properties and a map in the agenda packet
• Consider adding field use for non-school hours for Conditional Use Permit
The second substitute motion failed with the following vote: Ayes: Chao and Moore.
Noes: Mohan, Fruen, and Wei. Abstain: None. Absent: None.
SUBSTITUTE MOTION: Fruen moved and Mohan seconded a substitute motion to
approve the recommended action to conduct the second reading and enact Ordinance No.
23-2253, with further direction to:
• Return to Council as part of the Zoning Code cleanup later in the year, with a
definition of the expression “privately operated public serving uses,” and any other
suggestions by staff on potential rezonings for other sites that would resolve some
of the concerns that were raised during the meeting; and
• With additional direction to reach out to the resident who was concerned about
access at Regnart.
The substitute motion carried with the following vote: Ayes: Mohan, Fruen, Moore, and
Wei. Noes: Chao. Abstain: None. Absent: None.
8. Subject: Second reading of amendments to Municipal Code Chapter 19.12, Chapter
19.28 and Chapter 19.112 regarding Two-Story Permit and Accessory Dwelling Unit
(ADU) laws. (Application No. MCA-2023-002; Applicant: City of Cupertino; Location:
City-wide)
Recommended Action: Conduct the second reading and enact Ordinance No. 23-2254:
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“An Ordinance of the City Council of the City of Cupertino to amend Municipal Code
Chapter 19.12, Chapter 19.28 and Chapter 19.112 regarding Two-Story Permit and
Accessory Dwelling Unit (ADU) Laws.”
Written communications for this item included an email to Council.
This item was pulled from the Consent Calendar for discussion.
Councilmembers asked questions and made comments.
Mayor Mohan opened the public comment period and the following people spoke.
Jennifer Griffin
Louise Saadati
Jean Bedord
Tessa Parish
Planning Commissioner Seema Lindskog
Mayor Mohan closed the public comment period.
MOTION: Wei moved and Mohan seconded a motion to extend the meeting to 11:00 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.
MOTION: Chao moved and Wei seconded to move the recommended action to conduct
the second reading and enact Ordinance No. 23-2254. The motion carried with the
following vote: Ayes: Mohan, Fruen, Chao, Moore, and Wei. Noes: None. Abstain: None.
Absent: None.
At 10:36 p.m., Mayor Mohan recessed the meeting. The meeting reconvened at 10:41 p.m.
with all Councilmembers present.
9. Subject: Exclusive Negotiation Agreement (ENA) with an affordable housing developer
on a City owned parcel within the Mary Avenue right-of-way (APN: 326-27-053)
Recommended Action: Consider the Draft Agreement attached (Attachment A) and
decide whether to enter into the Agreement.
This item was pulled from the Consent Calendar for discussion.
Councilmembers asked questions and made comments.
Mayor Mohan opened the public comment period and the following people spoke.
City Council Minutes February 6, 2024
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Jennifer Griffin
Jean Bedord
Orrin Mahoney (representing Cupertino Rotary), on behalf of Jacob Billilleri (representing
Charities Housing) and Arts and Culture Commissioner Kiran Varshneya Rohra
(representing Cupertino Rotary)
Louise Saadati
Mayor Mohan closed the public comment period.
MOTION: Chao moved and Fruen seconded to approve the recommended action to enter
into the Agreement.
FRIENDLY AMENDMENT: Chao made a friendly amendment to include in the action to
involve the Housing Commission, when possible. The friendly amendment was not
included in the motion.
The motion carried with the following vote: Ayes: Wei, Mohan, Chao, Fruen, and Moore.
Noes: None. Abstain: None. Absent: None.
COUNCIL REPORTS AND COMMENTS
13. Subject: Councilmember Reports
Written communications for this item included a desk item Council Report for
Councilmember Moore.
Councilmembers reported on their various committees and activities as provided in the
published agenda.
CITY MANAGER REPORT
City Manager Pamela Wu reported on how the City prepared for and responded to the recent
weather event.
ORAL COMMUNICATIONS - CONTINUED – None
INFORMATIONAL ITEMS - None
COUNCIL AND STAFF COMMENTS AND FUTURE AGENDA ITEMS
Council did not hear this item.
ADJOURNMENT
City Council Minutes February 6, 2024
Page 9
14. Subject: Adjourn in memory of former Cupertino Mayor Philip Johnson
At 10:58 p.m., Mayor Mohan adjourned the Regular City Council Meeting in memory of former
Cupertino Mayor Philip Johnson.
Minutes prepared by:
Kirsten Squarcia, City Clerk