Cupertino Matters
- In the News
- UPCOMING – Planning Commission, Tues., May 13, 2025, 6:45 p.m. Regular
- UPCOMING – City Council, Thurs., May 15, 6:00 p.m., Special
- RECAP – City Council, May 6, 2025, Regular
I hope all of you had an enjoyable Mother’s Day. Local restaurants were booming–one of their busiest days of the year.
The city manager situation remains in limbo following a city press release, Statement Regarding Administrative Leave of City Manager Pamela Wu. Rather than acknowledging the obvious personality conflict between the mayor and the city manager, and dismissing her in accordance with her employment contract, the city has hired a private investigator who has recently interviewed members of the public to purportedly “find” some “cause” to terminate her, a result would allow the city to withhold payment of the city manager’s severance. Expect the legal bills to escalate as more lawsuits are brought against the city due to poor governance.
The city council meeting was among the most bizarre yet. The meeting started late and ended abruptly at approximately 10:15 after considering a single agenda item. Councilmember Ray Wang was travelling and the meeting was publicly noticed at the Dubai Airport, United Arab Emirates Departure terminal. This in itself was a likely Brown Act violation, since the “public” needed an airline ticket, visa and membership access to the business lounge in order to participate. How the interim city attorney allowed the meeting to proceed is a mystery. Instead, the interim city attorney, belatedly, halted the meeting due to another and separate Brown Act problem when Councilmember Wang needed to get on a plane, rendering his location no longer available to the public as noticed and required under the Brown Act. So why was this snafu allowed? The agenda was published on April 30, which provided ample time for Councilmember Wang to simply declare an absence. Instead, the remainder of the packed agenda was continued to another council meeting. The Westport Assisted Living development, a key housing project, has been delayed again by the city council, which professes to support housing development.
The sole agenda item was the unprecedented action initiated by Mayor Chao, without direction from council, to create and agendize No. 9 approval of an Interim Urgency Ordinance Imposing a Moratorium on the Transition of Multiple-Family Use Housing to Student Housing within a One Half Mile Radius of Foothill-De Anza Community College in the City of Cupertino. This was targeted at the District’s acquisition of the McClellan Terrace Apartments–a market-rate apartment building in close proximity to the De Anza campus. The District’s Board of Trustees had previously approved this purchase at their regular board meeting on May 5. Council was notified by email the same day that Prometheus, the current owner, would seek legal action if such a moratorium were passed. During public comment, a representative of FHDA clearly stated that the city has no “jurisdictional authority” citing relevant law. The president of the FHDA Board of Trustees asserted that (1) there would be no conversion of use, since the property would continue as multi-family housing, contrary to the interim city attorney’s statements regarding zoning, and (2) the resolution would provoke a legal dispute. A former mayor clearly disputed the language of the ordinance drafted by the interim city attorney. The chancellor of the District refuted the mayor’s statements about unwillingness to meet, citing Mayor Chao’s lack of follow through for a meeting with both attorneys present. Mayor Chao made the extraordinary move of arguing with the chancellor from the dais.
Meanwhile, the council chamber was packed with De Anza students, staff and their supporters, with thirty-four speakers, mainly in support of the district’s acquisition, and a handful of nay-sayers. The importance of housing for the large number of homeless and housing insecure students was clearly articulated by very passionate student leaders. A long-time community member stated the value of FHDA to the community, noting that the District plan shows both compassion and progress. Moreover, Silicon Valley at Home, the county’s most widely recognized advocacy voice on affordable housing issues, pointed out the District’s move is consistent with numerous affordable housing preservation strategies that encourage the acquisition of existing multifamily housing by nonprofits or public entities to then hold them as permanently affordable housing and expressed support for the District and opposition to the ordinance. Senator Josh Becker and Assemblymember Patrick Ahrens also submitted a joint letter in support of the District’s acquisition–highly unusual advocacy that only further underscores the Mayor’s peculiar intrusion into the District’s affairs.
Council discussion was equally odd and highlighted the slapdash character of the ordinance. Upon questioning by Councilmember Fruen, pointing out internal inconsistencies in the factual findings, the interim city attorney was persistently unable to explain the choices of facts listed, noting at one point that that her office had just found information through “online research.” She was likewise unable to explain the Housing Element policies cited in the draft urgency ordinance and related resolution that formed part of the justification for the ordinance.
At the end of public comment and council discussion, Mayor Chao made a motion to (1) abandon the urgency ordinance and (2) approve the hamfisted face-saving “Resolution Encouraging the Building of Newly Constructed Student Housing and Preventing the Conversion of Multiple-Family Use Housing to Student Housing within the City of Cupertino”. This passed 3-2 with Fruen and Mohan voting nay, rather than waste yet more city resources and time on a meaningless, factually problematic recommendation.
For research, past issues back to January 2020 of Cupertino Matters are posted on the website. Encourage your friends who would like to become better informed about our community to subscribe to our email newsletter at CupertinoMatters.org.
UPCOMING – CITY COUNCIL, Thurs., May 15, 2025, 6:00 p.m., Special Meeting
City council failed to complete the published agenda on May 6, so a special meeting has been called to make progress on time critical agenda items.
Consent Item No. 1: Accept City Council Subcommittee recommendation regarding the 2025 July 4th fireworks. These were cancelled during COVID, and not resurrected due to budget cuts last year. This approval would allow the city to move ahead with spending $140,000 on a nice-to-have amenity when the city faces significant legal costs.
Item No. 2: Public Hearing Pursuant to Government Code Section 3502.3 to Receive a Report on City of Cupertino Vacancies, and Recruitment and Retention Efforts. (Continued from May 6, 2025) Public agencies are now required to hold a public hearing to address the status of job vacancies in bargaining units prior to the adoption of the upcoming final budget. This is a routine hearing to comply with state law.
Item No. 3: Per the Council’s direction, review potential Capital Improvement Plan (CIP) projects to be defunded from the current approved list. (Continued from May 6, 2025) These are approved projects which are already in various stages of progress. The city is likely to lose grants, money, and staff time spent on work in progress. Councilmember Wang aggressively targets bikeway projects and the Bollinger traffic safety study as well EV parking for the Hopper.
Item No. 4: Initial Study Session on Fiscal Year (FY) 2025-26 Proposed Budget and FY 2025-26 Capital Improvement Programs. The budget process has been delayed this year due to turmoil with the abrupt move by council to put the city manager on leave and Mayor Chao’s choice to interfere with the FHDA Community College District’s property acquisition. With the city manager on leave, with only an acting city manager (and no assistant city manager, or deputy city manager), and an apparently ineffective contract city attorney, approval of a final budget by June 30 will be challenging.
UPCOMING – Planning Commission, Tues., May 13, 2025, 6:45 p.m., Regular meeting
Item No. 2: Multifamily and Residential Mixed-Use Objective Design Standards. The Cupertino Planning Department is preparing new residential design standards, known as objective design standards (ODS), to adapt to changes in State law. The City is currently performing outreach to residents and elected officials to inform the ODS. This session provides background on relevant state laws and a progress report on this effort. The Planning Commission is expected to provide feedback and recommendations regarding objective design standards for new multifamily and residential mixed-use development.
Item No. 3: Stevens Creek Boulevard Corridor Vision Study. This is a multi-agency planning study between the Cities of Cupertino, San Jose, and Santa Clara, together with the County of Santa Clara, and the Santa Clara Valley Transportation Authority (VTA). It outlines a shared vision for the future of the nine-mile Stevens Creek Boulevard/West San Carlos Street Corridor, emphasizing the need for coordinated planning and transportation improvements across the participating jurisdictions. The Study builds on prior local planning efforts and incorporates extensive community input to develop recommendations for future infrastructure and policy changes that reflect community priorities.
RECAP – CITY COUNCIL, Tues., May 6, 2025, 6:45 p.m. Regular; 6:00 p.m. Closed Session; 5:15 Closed Session
YouTube: 2 hr. 54 min.
Closed Session Report: No reportable action. The May 2 Closed Session vote (3-2 with Fruen and Mohan voting no) to put the city manager on paid administrative leave was NOT announced. Supposedly, the result was publicly announced after the session ended when no member of the public was waiting outside the door. Is this transparency?
Item No. 9: Approval of an Interim Urgency Ordinance Imposing a Moratorium on the Transition of Multiple-Family Use Housing to Student Housing within a One Half Mile Radius of Foothill-De Anza Community College in the City of Cupertino; or approval of a Resolution Encouraging the Building of Newly Constructed Student Housing and Preventing the Conversion of Multiple-Family Use Housing to Student Housing within the City of Cupertino. As referenced above, only the Resolution was approved on a 3-2 vote with Fruen and Mohan voting nay.
Item No. 10: Approval of the Fiscal Year (FY) 2025-26 Fee Schedule Update. Continued to a future date.
Item No. 11: Public Hearing Pursuant to Government Code Section 3502.3 to Receive a Report on City of Cupertino Vacancies, and Recruitment and Retention Efforts. Continued to a future date.
Item No. 12: Review future agenda items requested by City Councilmembers (Continued from April 15, 2025). Continued to a future date.
Item No. 13: Modification to a previously approved Development Permit and Architectural & Site Approval for the Westport Development including, but not limited to, dwelling count and ground floor retail, Park Land Dedication Fees and minor changes to Building 1. (Application No(s): M-2024-003, ASA-2024-003; Applicant(s): Related California (Cascade Zak); Location: 21267 Stevens Creek Boulevard; APN #326-27-048). Continued.
Item No. 14: Per the Council’s direction, review potential Capital Improvement Plan (CIP) projects to be defunded from the current approved list. Continued to a special meeting.
Item No. 15: Introduce an Ordinance amending Municipal Code Section 2.04.010 pertaining to Removal of Closed Session Start Time and Clarification that Meetings Rescheduled Due to Holidays or Elections Retain Regular Meeting Status. Continued date uncertain.
RECAP – CITY COUNCIL, Mon., May 2, 2025, 12:15 p.m. Closed Session
Item No. 1 Public employee performance evaluation/discipline; Title: City Manager; California Government Code Sections 54954.5(e) and 54957(b). City Manager Pamela Wu was placed on paid administrative leave on a 3-2 vote with Fruen and Mohan voting nay.
RECAP – CITY COUNCIL, Tues., Apr. 29, 2025, 6:00 p.m. Closed Session
Item No. 1: Public employee performance evaluation; Title: City Manager; California Government Code Section 54954.5(e) and 54957(b). This follows a previous closed session on April 3, 2025. No reportable action was taken.
CUPERTINO COURIER: May 9, 2025
The front page and photo on page 5 is entitled Finding homes for teachers: Cupertino project is part of a growing trend among Bay Area cities. Housing project part of trend for teachers to live near schools. Community briefs are (1) Voter count, (2) Symphonic band concert and (3) AAPI Art Show. Page 7 is a previously published Mercury News article entitled Council opts to place city manager on leave. The sole legal notice is a Public Notice of Unclaimed Funds on pg. A21.
Warm regards,
Jean Bedord
Cupertino Matters
Publisher and Editor
