Cupertino Matters

May is a busy month. It’s Affordable Housing Month with events sponsored by Silicon Valley at Home. It’s also Asian-American and Pacific Islander Heritage Month as well as Older Americans Month–accordingly, the Cupertino Senior Center is sponsoring a Live Well Age Well Health Expo on Friday, May 19, from 10 a.m. to 2 p.m.

As reported earlier, the city is facing fiscal challenges due to an audit by the California Department of Tax and Fee Administration (CDTFA), which has targeted the sales tax reporting of a major sales tax producer. The City will hold a Budget Town Hall to inform the community about the City’s financial outlook and discuss potential budget-balancing strategies. Join City staff on Thursday, May 18 at 6:30 p.m. to learn about the City’s financial standing and to give input.

Budget cuts will be necessary, so the City is asking residents to provide input on the prioritization of areas for reduction. Readers are urged to complete this 2023 Community Budget Survey to help guide the Finance Department as the new budget is prepared. The survey is open through Wednesday, May 31, and preliminary responses submitted through May 16 will be shared during the City Council Special Meeting on May 17.

Supervisor Joe Simitian held his eighth annual Leigh update on April 26. There were about 150 attendees, with approximately 50 people in the council chamber. The panel included roughly ten agencies providing regulatory oversight of the plant. Over the last ten years, more than 2,135 violations resulting in millions of dollars in fines and penalties have been identified. Sup. Simitian said he has three goals : (1) close the plant permanently, (2) stop any new quarrying activity, and (3) begin the restoration and reclamation of the 3,150 acre property, a process that will take years, if not decades.

UPCOMING – CITY COUNCIL – Tues. May 2, 2023, 6:00 Closed Session, 6:45 p.m. Regular Meeting

Agenda and Presentations (Note the new order for the agenda)

The 6:00 Closed Session is a conference with legal counsel regarding (1) existing litigation pursuant to Government Code § 54956.9(a): Harshit Shrama & Poonam Salekar v. City of Cupertino et al., Santa Clara County Superior Court Case No. 22CV392971, and (2) initiation of litigation pursuant to Government Code § 54956.9(c) (one case)

The Regular Meeting will start with a Closed Session Report. The one Ceremonial Item is a Proclamation declaring May Affordable Housing Month. This is followed by Postponements and Orders of the Day, then Oral Communications for members of the public.

The Consent Calendar has eight routine items. Note that Item No. 8 is Consider approving the use of funds from the Art In-Lieu Fees for the Jollyman All-Inclusive Playground (AIPG) Capital Improvement Programs (CIP) project, which would add public art to augment this highly anticipated city amenity in response to public outreach.    

Members of the public may speak on any or all consent calendar items when the mayor asks for public comment on the Consent Calendar. If a member of the council pulls an item from the Consent Calendar, it will be addressed after all action items. Members of the public may comment on that item when it is considered.

Item No. 12: Consider a Request for Proposals (RFP) for garbage and construction and demolition (C&D) debris disposition services, including solicitation of options to process garbage for recovery of organic and other recyclables. Staff is proposing improving its contractual agreements with waste disposal services to improve efforts to meet environmental sustainability goals–including recycling and recovery of materials–in alignment with City policies such as the Climate Action Plan (CAP).

Item No. 13: Consider a report regarding the review of potential violations of the City of Cupertino Municipal Code and City policies regarding Council- and Commissioner-Staff Relations (“Report”). On December 19, 2022, the Santa Clara County Civil Grand Jury issued a report entitled, “A House Divided: Cupertino City Council and City Staff”. On February 21, 2023, the City Council considered this Grand Jury report and approved the City’s response. As part of the City’s response, the council directed the City Attorney’s Office to investigate and report back on violations of the Municipal Code with respect to Council-staff and commissioner-staff relations. The City Attorney’s Office retained Linda Daube, Esq. to conduct an independent investigation of potential violations of the Municipal Code and related violations of City policies. The Council is being provided with a confidential Report regarding the investigation prior to the City Council meeting. The Recommended Action is to receive the confidential Report; consider waiving attorney-client privilege to allow for the public release of the Report; and consider further responses to Report.

Item No. 14: Council Reports and Comments. Attachments include reports from Mayor Wei, Vice-Mayor Mohan, Councilmembers Fruen and Chao. Councilmember Moore’s report was submitted late and appears among Written Communications.

RECAP – PLANNING COMMISSION – Tues. April 25, 2023, 6:45 p.m. Regular Meeting

YouTube: 54 min. 

Item No. 3: Consider a Conditional Use Permit for the concurrent sale of alcoholic beverages and gasoline at an existing Chevron gasoline service station. (Application No.: U-2022-006; Applicant: Steve Rawlings on behalf of Chevron Stations; Location: 11010 N De Anza Blvd; APN# 309-42-041) (Continued from February 14, 2023). After discussion, the Commission approved the permit 4-0-1 with Lindskog recused.


The front page photo and article on page 5 is entitled Extra steps take dedication: CREST Awards to recognize lifetime achievement, volunteer of the year – Fari Aberg. Community briefs include (1)Teens wanted for Safe Routes group, (2) Compost site reopens, and (3) Virtual Pollinator Party. The only legal notice is an Invitation to Bid on Pavement Maintenance Phase 2 Project.

Warm regards,
Jean Bedord
Cupertino Matters
Publisher and Editor