Written Communications (Updated 10-16-24) — Cupertino City Council, October 15, 2024

CC 10-15-2024
Oral
Communications
Written Communications
From: Liang Chao
To: Santosh Rao; City Clerk
Subject: Fw: Request to Declare Council Member Hung Wei’s Seat Vacant Due to Extended Absence and Relocation.

Date: Monday, October 14, 2024 1:33:09 AM
Dear Resident,
Thank you for reaching out with your comments.

Due to a change in the implementation of how written communication is collected for the upcoming council meeting, your email will not be included in the official record unless a councilmember forwards it to the City Clerk.

Dear City Clerk,
Please enter the enclosed communication as written communication for the upcoming council meeting from a councilmember, per CMC 2.08.100.

I am submitting this comment at the request of my constituents to ensure that community voices are included in written communications of council meetings as requested, rather than at the discretion of councilmembers, which might inadvertently leave out some minority voices.

Thank you for your attention to this matter.

Regards,
Liang
~ Cupertino City Council (elected in 2018, re-elected in 2022) Liang Chao
Council Member
City Council
[email protected]
408-777-3192
From: Santosh Rao <[email protected]>
Sent: Thursday, October 10, 2024 10:17 PM
To: City Council <[email protected]>; Pamela Wu <[email protected]>; City Clerk <[email protected]>
Subject: Request to Declare Council Member Hung Wei’s Seat Vacant Due to Extended Absence and Relocation.

Dear City Clerk,
Please include the below in written communications for the upcoming council meeting.

Subject: Request to Declare Council Member Hung Wei’s Seat Vacant Due to Extended Absence and Relocation
Dear Mayor Sheila Mohan and Cupertino City Council Members, I am writing to bring to your attention the extended absence of Council Member Hung Wei from Cupertino City Council meetings and her recent move to Taiwan, which has raised concerns regarding her ability to continue representing the interests of Cupertino residents effectively.

As I understand, Council Member Wei has not attended City Council meetings for over three months, and it has come to light that she moved to Taiwan approximately three weeks ago. According to California Government Code Section 1770, several provisions may now apply to this situation, specifically:

Section 1770(e): A vacancy occurs if an elected official ceases to be a resident of the jurisdiction they were elected to represent. Since Council Member Wei is no longer residing in Cupertino and has moved outside the country, she may no longer fulfill the residency requirements to retain her seat.

Section 1770(g): A vacancy also occurs if an elected official is absent from the state for more than 60 consecutive days without the consent of the legislative body. Based on her absence from both Cupertino and council meetings, it appears that no formal consent has been granted by the City Council to justify such an extended absence.

The intent of these provisions is clear: elected officials must reside within the jurisdiction they represent and must not be absent from their duties for prolonged periods without council approval. Council Member Wei’s extended absence and relocation violate both the letter and spirit of these requirements. It is crucial that Cupertino residents have a fully engaged and accessible representative to ensure their voices are heard on critical issues facing our city.

In light of the above, I respectfully request that the City Council formally review this matter and take the necessary steps to declare Council Member Hung Wei’s seat vacant in accordance with the California Government Code, ensuring Cupertino has a complete and active City Council.

Thank you for your attention and prompt action on this important matter.

Sincerely,
San Rao
From: Liang Chao
To: Sashi Begur; City Clerk
Subject: Fw: How do we get access other location?
Date: Monday, October 14, 2024 1:32:29 AM
Dear Resident,
Thank you for reaching out with your comments.

Dear City Clerk,
Please enter the enclosed communication as written communication for the upcoming council meeting from a councilmember, per CMC 2.08.100.

Thank you for your attention to this matter.

CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

To the Council & the city clerk,
I request that the following correspondence be included in the written communications of the next council meeting being held on Oct 15the 2024.

To the council & city manager
It is my understanding that Council Member Hung Wei is currently in Taiwan. Since she remains on the council, I trust she will return for the meeting. If she does not plan to return by Tuesday to attend in person, I assume the city has verified that the location from which she will be attending the meeting meets all stipulated legal requirements.

Additionally, the address from which she will be attending will be published as specified by law. Finally, I would like to know what steps the city has taken to ensure that requirements, such as ADA accessibility, have been met at the location. Did someone visit the site? Have the details been published somewhere? If so, can the city provide this information on its website for residents to see?
regards
Sashi
From: Liang Chao
To: Sashi Begur; City Clerk
Subject: Fw: Missing Signs belonging to council member Kitty Moore & city council candidate Ray Wang Date: Monday, October 14, 2024 1:31:52 AM
Dear Resident,
Thank you for reaching out with your comments.

Dear City Clerk,
Please enter the enclosed communication as written communication for the upcoming council meeting from a councilmember, per CMC 2.08.100.

Thank you for your attention to this matter.

Regards,
Liang
~ Cupertino City Council (elected in 2018, re-elected in 2022) Liang Chao
Council Member
City Council
[email protected]
408-777-3192
From: S B <[email protected]>
Sent: Thursday, October 10, 2024 11:50 PM
To: City Clerk <[email protected]>; City Council <[email protected]>; Christopher Jensen <[email protected]>; Pamela Wu <[email protected]> Subject: Missing Signs belonging to council member Kitty Moore & city council candidate Ray Wang To the council & The City Clerk,
I would like this letter to be included in the written communications for the upcoming meeting on Oct 15th 2024
To the council,
I believe a grand jury investigation is necessary, and a report should be sent to the DA's office regarding the disappearance of the signs for Kitty Moore and Ray Wang. This article clearly states that the city was responsible and removed legally installed signs without conducting due diligence.

Who authorized this removal? Was it the city manager, the mayor, the vice mayor, or was it connected to Hung Wei’s campaign, or any other candidates in the race? We need to get to the bottom of this.

In addition to compensating the candidates for the loss of their signs, the city must issue a public apology to both the candidates and the residents for this possible intentional or unintentional election interference. Additionally, the money that was compensated to the candidates must be recovered from the person who authorized the removal of signs Silicon Valley city must pay after removing
campaign signs
sanjosespotlight.com
regards
Sashi
From: Liang Chao
To: Srividya Sundaresan; City Clerk
Subject: Fwd: Removing signs
Date: Monday, October 14, 2024 1:14:44 AM
Dear Resident,
Thank you for reaching out with your comments.

Dear City Clerk,
Please enter the enclosed communication as written communication for the upcoming council meeting from a councilmember, per CMC 2.08.100.

Thank you for your attention to this matter.

Regards,
Liang
~ Cupertino City Council (elected in 2018, re-elected in 2022)

Liang Chao
Councilmember
City Council
[email protected]
408-777-3192
From: Srividya Sundaresan <[email protected]>
Sent: Tuesday, October 8, 2024 11:41 AM
To: Pamela Wu <[email protected]>; City Council <[email protected]>; Tina Kapoor <[email protected]>; Christopher Jensen <[email protected]> Subject: Removing signs
Dear Mayor Mohan, Members of the Cupertino City Council, City Attorney Jensen, and Manager Wu,
I am writing to you regarding the following article that appeared in the news recently:
https://sanjosespotlight.com/silicon-valley-city-must-pay-after-removing-campaign- signs/
We must know who initiated this action, who directed it, and whether city leadership— Manager Wu, Mayor Mohan, Vice-Mayor Fruen—were involved or aware.

We are constantly told of our budget deficits and cutting of public interest programs due to lack of funds. What a waste of hard earned tax payer money for the city to now pay for these shenanigans! This is completely unacceptable.

The city must refer this matter to the County District Attorney for investigation and request a county grand jury probe to ensure transparency and accountability.

Additionally, I request that you publish an informational memo to all residents at the earliest, disclosing on whose direction this was carried out.

I look forward to your prompt response.

Sincerely,
Srividya Sundaresan
From: Liang Chao
To: Venkat Ranganathan; City Clerk
Subject: Fwd: Perimeteter Fence separating Vallco site from our neighborhood Date: Monday, October 14, 2024 1:04:35 AM
Attachments: image.png
Dear Resident,
Thank you for reaching out with your comments.

Dear City Clerk,
Please enter the enclosed communication as written communication for the upcoming council meeting from a councilmember, per CMC 2.08.100.

Thank you for your attention to this matter.

Regards,
Liang
~ Cupertino City Council (elected in 2018, re-elected in 2022) Liang Chao
Councilmember
City Council
[email protected]
408-777-3192
From: Venkat Ranganathan <[email protected]>
Sent: Saturday, October 5, 2024 9:40 PM
To: City Council <[email protected]>; Cupertino City Manager's Office <[email protected]>; City Clerk <[email protected]> Subject: Perimeteter Fence separating Vallco site from our neighborhood

Dear City Clerk,
Please include the following message as a written communication for the agenda item "oral communications" .

Dear City Council, Manager and City Clerk
I live on Amherst Drive very close to the perimeter fence that separates the Perimeter drive (running to the west of Vallco site) from our neighborhood. One of the concerns that a lot of my neighbors raised is the damage or alteration of the fence given the development of the Vallco site. This wall, which is taller than normal fences, act as a safety buffer to the neighborhood.

Can you let clarity that the fence will not be disturbed as part of the development of Vallco as the neighbors feel this will lead to safety and noise level escalation - the neighborhood, being in close proximity to Vallco site, have already endured a lot over the years because of the Vallco development and want to make sure this is not disturbed as part of the continuing development of Vallco site.

Thanks
Venkat

From: Liang Chao
To: Vikram Saxena; City Clerk
Subject: Fwd: Public Enquiry to City Staff Removing Election Signs Date: Monday, October 14, 2024 1:03:23 AM
Dear Resident,
Thank you for reaching out with your comments.

Dear City Clerk,
Please enter the enclosed communication as written communication for the upcoming council meeting from a councilmember, per CMC 2.08.100.

Thank you for your attention to this matter.

Regards,
Liang
~ Cupertino City Council (elected in 2018, re-elected in 2022) Liang Chao
Councilmember
City Council
[email protected]
408-777-3192
From: Vikram Saxena <[email protected]>
Sent: Thursday, October 3, 2024 3:12 PM
To: City Council <[email protected]>; Pamela Wu <[email protected]>; City Attorney's Office <[email protected]>; City Clerk <[email protected]> Subject: Public Enquiry to City Staff Removing Election Signs

Dear City Clerk:

Please enter this as written record for the next City Council Meeting.

Sincerely
-Vikram
====
Dear City Council, City Attorney and City Manager:

It has come to my attention that election related yard signs have been removed from Bollinger Road.

There was no notification given to the candidates, no 2-day period to comply with the city sign ordinance, and it seems the city is claiming that the signs are no longer recoverable; this is against our code.

Our democratic process is the bedrock of our country and these actions amount to election interference.

What is making this even worse is that there are multiple eye-witnesses to have seen the City Vehicles involved in the process.

I request the city to:

1. Identify which city official instructed the staff to remove the signs

2. Put the city officials who gave the orders on immediate administrative leave.

3. Report the incident to our District Attorney Office for investigation into conspiracy to interference in elections.

Sincerely:
-Vikram Saxena
From: Liang Chao
To: City Clerk
Cc: Peggy Griffin
Subject: Fwd: 2024-10-15 City Council Meeting - Oral Communications! Date: Thursday, October 10, 2024 9:16:47 AM
Please enter into written communication of the 10/15 council meeting.

Get Outlook for iOS
Liang Chao
Councilmember
City Council
[email protected]
408-777-3192
From: Griffin <[email protected]>
Sent: Wednesday, October 9, 2024 10:31 PM
To: City Council <[email protected]>
Cc: City Clerk <[email protected]>; John Chase <[email protected]> Subject: 2024-10-15 City Council Meeting - Oral Communications!

CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

PLEASE INCUDE THIS AS WRITTEN COMMUNICATIONS FOR THE ABOVE MEETING AGENDA ITEM.

Dear City Council,
I am appalled that the Brown Act continues to be abused by the city! This is an abuse of the teleconferencing rules! It is intended for residents of Cupertino, NOT Taiwan!!!!
This location MUST have:
-The location needs to be specific enough for a member of the public to find it and attend! -The agenda needs to be posted.
-It needs to be open to the public.
-It needs to be accessible to the disabled.
-It needs to allow those present at the location to comment in the proceedings.

Unless someone is present at that location to view the proceedings, it will not be clear that councilmember Wei is voting without help.

Also, the video of the proceedings MUST NOT be deleted from the public record as was done previously!
This is appalling and sad in so many ways!
Sincerely,
Peggy Griffin
Tuesday, October 15, 2024 6:45 PM
CITY OF CUPERTINO Televised Regular Meeting (6:45)
10350 Torre Avenue, Council Chamber
and via Teleconference Teleconference Location Pursuant to Government Code section 54953(b)(2);
5th Floor, No 19, Tongshan Street, Taipei, Taiwan
Peggy
From: Liang Chao
To: Pam Hershey; City Clerk
Subject: Fw: Removal of legal candidate signs
Date: Tuesday, October 15, 2024 3:42:07 PM
Dear Resident,
Thank you for reaching out with your comments.

Dear City Clerk,
Please enter the enclosed communication as written communication for the upcoming council meeting from a councilmember, per CMC 2.08.100.

Thank you for your attention to this matter.

Regards,
Liang
~ Cupertino City Council (elected in 2018, re-elected in 2022) Liang Chao
Council Member
City Council
[email protected]
408-777-3192
From: Pam Hershey <[email protected]>
Sent: Monday, October 14, 2024 5:54 PM
To: [email protected] <[email protected]>; Liang Chao <[email protected]> Subject: Re: Removal of legal candidate signs

CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Dear Councilmember Chao:

Please include this letter in written communications for the upcoming council meeting on October 15th.

The publication of San Jose Spotlight on October 8th states that the city's pubic works department removed and threw away more than 15 election lawn signs for Kitty Moore and Ray Wang. These sign were placed legally: I am not sure why these were chosen for removal and disposal.

Another question : Why are the taxpayers dollars used to reimburse the mistake of the workers. It is my understanding that someone needs to call in
the problem before the public works comes out . If that is the case then who called them and requested the signs be removed? The person who authorized the removal should have to pay the reimbursement to the candidates, not the residents.

There needs to be a public apology to both of the candidates and the residents for the possible intentional or unintentional of interference for the elections.

This issue needs to be resolved in a timly manner as the election is at stake.

Concerned residents
Pam and Bill Hershey
From: Liang Chao
To: Helena Cohen; City Clerk
Subject: Fw: Hung Wei"s absence
Date: Tuesday, October 15, 2024 3:41:15 PM
Dear Resident,
Thank you for reaching out with your comments.

Dear City Clerk,
Please enter the enclosed communication as written communication for the upcoming council meeting from a councilmember, per CMC 2.08.100.

Thank you for your attention to this matter.

Regards,
Liang
~ Cupertino City Council (elected in 2018, re-elected in 2022) Liang Chao
Council Member
City Council
[email protected]
408-777-3192
From: Helena Cohen <[email protected]>
Sent: Monday, October 14, 2024 3:10 PM
Subject: Hung Wei's absence

CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Dear City Clerk,
Please include the below in written communications for the upcoming council meeting.

Subject: Request to Declare Council Member Hung Wei’s Seat Vacant Due to Extended Absence and Relocation
Dear Mayor Sheila Mohan and Cupertino City Council Members, I am writing to you about the extended absence of Council Member Hung Wei from Cupertino City Council meetings and her recent move to Taiwan. Without being on the ground here, how can she continue to effectively represent Cupertino residents? Council Member Wei has not physically attended City Council meetings for over three months, and we know now that she moved to Taiwan.

According to California Government Code Section 1770, several provisions may now apply to this situation, specifically:
*Section 1770(e)*: A vacancy occurs if an elected official ceases to be a resident of the jurisdiction they were elected to represent. Since Council Member Wei is no longer residing in Cupertino and has moved outside the country, she may no longer fulfill the residency requirements to retain her seat.
*Section 1770(g)*: A vacancy also occurs if an elected official is absent from the state for more than 60 consecutive days without the consent of the legislative body. Based on her absence from both Cupertino and council meetings, it appears that no formal consent has been granted by the City Council to justify such an extended absence.

I urge you to take prompt action on this important matter.

Sincerely,
Helena Cohen
408.313.2899
From: J.R. Fruen
To: Lauren Sapudar; Kirsten Squarcia; City Clerk
Cc: [email protected]
Subject: FW: Hung Wei"s absence
Date: Tuesday, October 15, 2024 4:53:13 PM
Dear Clerk,

Per the request below, I ask that you include this communication as part of the written communications in attachment to the public record and agenda for tonight’s meeting.

By CC to Helena Cohen: Please note that the City Attorney has already addressed the question of Councilmember Wei’s absence for health reasons and concludes that she remains validly in office. You can find his memo on this topic here:
https://records.cupertino.org/WebLink/DocView.aspx?
id=1128190&dbid=0&repo=CityofCupertino

J.R. Fruen
Vice Mayor
City Council
[email protected]
(408)777-1316

From: Helena Cohen <[email protected]>
Sent: Monday, October 14, 2024 3:10 PM
Subject: Hung Wei's absence

CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Dear City Clerk,

Please include the below in written communications for the upcoming council meeting.

Subject: Request to Declare Council Member Hung Wei’s Seat Vacant Due to Extended Absence and Relocation

Dear Mayor Sheila Mohan and Cupertino City Council Members,

I am writing to you about the extended absence of Council Member Hung Wei from Cupertino City Council meetings and her recent move to Taiwan. Without being on the ground here, how can she continue to effectively represent Cupertino residents?

Council Member Wei has not physically attended City Council meetings for over three months, and we know now that she moved to Taiwan.

According to California Government Code Section 1770, several provisions may now apply to this situation, specifically:

*Section 1770(e)*: A vacancy occurs if an elected official ceases to be a resident of the jurisdiction they were elected to represent. Since Council Member Wei is no longer residing in Cupertino and has moved outside the country, she may no longer fulfill the residency requirements to retain her seat.

*Section 1770(g)*: A vacancy also occurs if an elected official is absent from the state for more than 60 consecutive days without the consent of the legislative body. Based on her absence from both Cupertino and council meetings, it appears that no formal consent has been granted by the City Council to justify such an extended absence.

I urge you to take prompt action on this important matter.

Sincerely,

Helena Cohen
408.313.2899
From: J.R. Fruen
To: City Clerk; Lauren Sapudar; Kirsten Squarcia
Cc: [email protected]
Subject: FW: Requesting safety measures for pedestrians at PortalXAmherst intersection Date: Tuesday, October 15, 2024 4:38:43 PM
Per the request below, I ask that you include this communication as part of the written communications in attachment to the public record and agenda for tonight’s meeting.

J.R. Fruen
Vice Mayor
City Council
[email protected]
(408)777-1316

From: Venkat Ranganathan <[email protected]>
Sent: Sunday, October 13, 2024 11:18 PM
To: City Council <[email protected]>; City Clerk <[email protected]> Subject: Requesting safety measures for pedestrians at PortalXAmherst intersection

CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Dear City Clerk

Please add this as part of Oral communications agenda item.

Dear City Council

Many parents and students use Portal Avenue to bring kids to Collins elementary school and Bright Horizon childcare center during the school days. Parents living on Amherst, Colby, Dennison and Norwich walk twith their kids and in several instances kids walk alone.

Even though there is a speed breaker between Wheaton & Amherst on Portal and a small barricade at the intersection, the intersection is turning out to be a little dangerous for kids to cross they are too small to be seen from a distance and a couple of times I have noticed drivers have to apply sudden brakes noticing the kids at the last minute. There are cars from bright horizon that make illegal left turn (as the sign board with "no left turn" message is little obscure and not easily visible for drivers. And there are cars speeding on Portal in spite of the speed breaker and small barricade to beat the morning rush. Several years ago I send an email regarding this intersection as a problem waiting to happen and it will be better we don't allow the to happen.

So, I request that we enhance the signage in Bright Horizon to make it more prominent and properly placed and add lighted crossing so that the kids can press a button and cross similar to the one on Blaney avenue near the creek trail. While this is being done, please provide flags that can be used by kids and parents to wave so that drivers can see that kids are crossing the street.

Thanks
Venkat
From: J.R. Fruen
To: Lauren Sapudar; Kirsten Squarcia
Cc: [email protected]
Subject: FW: Press Release Regarding Ray Wang
Date: Tuesday, October 15, 2024 4:34:20 PM
Attachments: Letter from Rosanne Foust 20230306.pdf
Civil Filings RWC.pdf
Criminal Docket RWC.pdf
Name Change Docket Santa Clara.pdf
Per the request below, I ask that you include this communication as part of the written communications in attachment to the public record and agenda for tonight’s meeting.

J.R. Fruen
Vice Mayor
City

Council
[email protected]
(408)777-1316
From:

Ian Greensides <[email protected]>
Sent: Monday, October 14, 2024 7:06 PM
To: City Council <[email protected]>
Cc: City Clerk <[email protected]>; Kirsten Squarcia <[email protected]>; Lauren Sapudar <[email protected]>; Cupertino City Manager's Office <[email protected]>; Tina Kapoor <[email protected]>
Subject: Re: Press Release Regarding Ray Wang
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

I also ask that these additional attachments be entered into the public record for this Tuesday’s City Council Meeting.

Sincerely,
Ian R. Greensides, Esq.
www.greensideslaw.com
Telephone (408) 660-8050
From: Ian Greensides <[email protected]>
Date: Monday, October 14, 2024 at 1:34 PM
To: "[email protected]" <[email protected]> Cc: "[email protected]" <[email protected]>, "[email protected]" <[email protected]>, "[email protected]" <[email protected]>, "[email protected]" <[email protected]>, "[email protected]" <[email protected]>
Subject: Press Release Regarding Ray Wang

Good Afternoon –

I ask that this be entered into the public record for this Tuesday’s City Council Meeting

Sincerely,
Ian R. Greensides, Esq.
www.greensideslaw.com
Telephone (408) 660-8050

From: J.R. Fruen
To: Lauren Sapudar; Kirsten Squarcia
Cc: [email protected]
Subject: FW: Removal of legal candidate signs
Date: Tuesday, October 15, 2024 4:31:55 PM

J.R. Fruen
Vice Mayor
City Council
[email protected]
(408)777-1316
Dear City Clerk,

Per the resident’s request, I ask that you include the forwarded email as part of the written communications in attachment to the public record and agenda for tonight’s council meeting.

From: Pam Hershey <[email protected]>
Sent: Monday, October 14, 2024 5:49 PM
To: [email protected]; J.R. Fruen <[email protected]> Subject: Re: Removal of legal candidate signs

CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Dear Vice Mayor Fruen,

Please include this letter in written communications for the upcoming council meeting on
October 15th.

Another question : Why are the taxpayers dollars used to reimburse the mistake of the workers. It is my understanding that someone needs to call in the problem before the public works comes out . If that is the case then who called them and requested the signs be removed? The person who authorized the removal should have to pay the reimbursement to the candidates, not the residents.

There needs to be a public apology to both of the candidates and the residents for the possible intentional or unintentional of interference for the elections.

This issue needs to be resolved in a timly manner as the election is at stake.

Concerned residents
Pam and Bill Hershey

Case Information

SM328047A | The People of the State of California vs. RAY KUANG WANG

Case Number
SM328047A
Court
Criminal
File Date
09/19/2003
Case Type
Complaint
Case Status
Adjudicated
Party
Defendant

WANG, RAY KUANG
DOB

XX/XX/XXXX

Charge
Charges

WANG, RAY KUANG
Description
Statut
e Level Date
00 1
PC653M(B)-MISD-ANNOYING TELEPHONE CALL TO

PLACE OF WORK
653M(
B)
Misdemea
nor
06/26/2
003
00 2
PC529(3)-FEL-PERSONATE TO MAKE OTHER LIABLE 529(3) Felony 06/26/2
003
00 3
PC530.5-FEL-UNAUTHORIZED USE OF PERSONAL

IDENTIFICATION
530.5 Felony
06/26/2
003
Disposition Events
01/13/2004 Plea
Judicial Officer

SUPERIOR COURT JUDGE, SAN MATEO COUNTY
00 1
PC653M(B)-MISD-ANNOYING TELEPHONE CALL TO PLACE OF
WORK
No Contest / Nolo
Contendere

10/27/2003 Plea
Judicial Officer

SUPERIOR COURT JUDGE, SAN MATEO COUNTY
002 PC529(3)-FEL-PERSONATE TO MAKE OTHER LIABLE Not Guilty

10/27/2003 Plea
Judicial Officer

SUPERIOR COURT JUDGE, SAN MATEO COUNTY
003 PC530.5-FEL-UNAUTHORIZED USE OF PERSONAL IDENTIFICATION Not Guilty

03/13/2006 Disposition
001 PC653M(B)-MISD-ANNOYING TELEPHONE CALL TO PLACE OF WORK Dismissal: 1203.4

01/13/2004 Disposition
002 PC529(3)-FEL-PERSONATE TO MAKE OTHER LIABLE Dismissal: Negotiated Plea

01/13/2004 Disposition
00 3
PC530.5-FEL-UNAUTHORIZED USE OF PERSONAL

IDENTIFICATION
Dismissal: Negotiated
Plea

Events and Hearings

• 09/19/2003 Conversion Event
Comment
FDSAW: DECLARATION UNDER PENALTY OF PERJURY IN SUPPORT OF ARREST WARRANT, FILED.
• 09/19/2003 Conversion Event
Comment
MISEN: FILE SENT TO JUDGE ELLIS
• 09/19/2003 Conversion Event
Comment
OTHER: TO SIGN A/W
• 09/22/2003 Conversion Event
Comment
MIRFL: FILE RETURNED TO CLERK'S OFFICE.
• 09/22/2003 Conversion Event
Comment
AWAWA: ARREST WARRANT ISSUED TO RC ON 09/22/2003 . BAIL SET AT $5,000.00 . WARRANT SIGNED BY ELLIS, H. JAMES .
• 09/23/2003 Conversion Event
Comment
MISEN: FILE SENT TO JUDGE ELLIS
• 09/23/2003 Conversion Event
Comment
OTHER: SENT MEMO TO JUDGE ELLIS REQUESTING THAT ARREST
WARRANT BE RECALLED DUE TO D.A.'S ERROR IN ASKING FOR
ARREST WARRANT RATHER THAN AN NTA.
• 09/25/2003 Conversion Event
Comment
MIRFL: FILE RETURNED TO CLERK'S OFFICE.
• 09/25/2003 Conversion Event
Comment
OTHER: PER JUDGE ELLIS,O.K. TO RECALL ARREST WARRANT.
• 09/25/2003 Conversion Event
Comment
WWIRO: ARREST WARRANT ISSUED ON 09/22/2003 . RECALLED ON 09/25/2003 .
• 10/14/2003 Conversion Event
Comment
SHNTC: NOTICE TO APPEAR SENT TO DEFENDANT ON 10/14/2003 TO APPEAR ON 10/27/2003 AT 9:00 A.M. IN SUPERIOR COURT SOUTHERN BRANCH DEPT. AR FOR MISDEMEANOR ARRAIGNMENT .
• 10/24/2003 Conversion Event
Comment
SHRES: CASE SHIFTED FROM HEARING ON 10/27/2003 AT 9:00 A.M. IN

DEPARTMENT AR OF SUPERIOR COURT SOUTHERN BRANCH TO
HEARING ON 10/27/2003 AT 9:00 A.M. IN DEPARTMENT 32 OF SUPERIOR COURT SOUTHERN BRANCH .
• 10/27/2003 Conversion Event
Comment
HHELD: HEARING HELD ON 10/27/03 AT 9:00 A.M. IN SUPERIOR COURT SOUTHERN BRANCH , D- 32 . HON. SUSAN GREENBERG, COURT
COMMISSIONER , PRESIDING. CLERK: ROSA VEGA . REPORTER: BETTY GALIN . CLERK2: SARAI MORENO . DEPUTY D.A. FORD . DEFENSE COUNSEL PRESENT: PLISKA .
• 10/27/2003 Conversion Event
Comment
HHMAR: MISDEMEANOR ARRAIGNMENT
• 10/27/2003 Conversion Event
Comment
FDSPT: STIPULATION RE: JUDGE PRO TEMPORE HEARING MATTER. • 10/27/2003 Conversion Event
Comment
APAFD: DEFENDANT NOT PRESENT, BUT IS REPRESENTED BY
ATTORNEY PLISKA .
• 10/27/2003 Conversion Event
Comment
ARWVD: ARRAIGNMENT AND ADVICE OF RIGHTS WAIVED.
• 10/27/2003 Conversion Event
Comment
PLCEA: DEFENDANT THROUGH HIS/HER COUNSEL ENTERS A PLEA OF NOT GUILTY TO ALL COUNTS.
• 10/27/2003 Conversion Event
Comment
JTDEM: DEFENDANT DEMANDS TRIAL BY JURY.
• 10/27/2003 Conversion Event
Comment
WTIMJ: TIME WAIVED FOR JURY TRIAL.
• 10/27/2003 Conversion Event
Comment
SHOTA: CASE CONTINUED TO 12/30/2003 AT 8:30 A.M. IN REDWOOD CITY IN DEPT. PT FOR PRETRIAL CONFERENCE. .
• 10/27/2003 Conversion Event
Comment
SHOTA: CASE CONTINUED TO 01/20/2004 AT 9:00 A.M. IN REDWOOD CITY IN DEPT. JT FOR JURY TRIAL. .
• 10/27/2003 Conversion Event
Comment
MIENT: ENTERED BY S.MORENO ON 10/27/2003 .
• 10/31/2003 Conversion Event
Comment
SHSET: APPEARANCE SET ON 11/05/2003 AT 9:00 A.M. IN SUPERIOR COURT SOUTHERN BRANCH DEPT. AR FOR TO SET AT REQUEST OF ATTORNEY .
• 11/04/2003 Conversion Event
Comment
SHRES: CASE SHIFTED FROM HEARING ON 11/05/2003 AT 9:00 A.M. IN

DEPARTMENT AR OF SUPERIOR COURT SOUTHERN BRANCH TO
HEARING ON 11/05/2003 AT 9:00 A.M. IN DEPARTMENT 32 OF SUPERIOR COURT SOUTHERN BRANCH .
• 11/05/2003 Conversion Event
Comment
HHELD: HEARING HELD ON 11/05/03 AT 9:00 A.M. IN SUPERIOR COURT SOUTHERN BRANCH , D- 32 . HON. SUSAN GREENBERG, COURT
COMMISSIONER , PRESIDING. CLERK: ROSA VEGA . REPORTER: JENELL MULLANEL . CLERK2: MICHAEL BOLANDER . DEPUTY D.A. JOO .

DEFENSE COUNSEL PRESENT: PLISKA .
• 11/05/2003 Conversion Event
Comment
HHTOS: TO SET
• 11/05/2003 Conversion Event
Comment
FDSPT: STIPULATION RE: JUDGE PRO TEMPORE HEARING MATTER. • 11/05/2003 Conversion Event
Comment
APAFD: DEFENDANT NOT PRESENT, BUT IS REPRESENTED BY
ATTORNEY PLISKA .
• 11/05/2003 Conversion Event
Comment
WTIMD: TIME CONTINUES TO BE WAIVED BY DEFENDANT/COUNSEL. • 11/05/2003 Conversion Event
Comment
SHOTA: CASE CONTINUED TO 01/06/2004 AT 8:30 A.M. IN REDWOOD CITY IN DEPT. PT FOR PRE-TRIAL CONFERENCE AND TO SET .
• 11/05/2003 Conversion Event
Comment
SHOTA: CASE CONTINUED TO 01/13/2004 AT 9:00 A.M. IN REDWOOD CITY IN DEPT. AR FOR DISPOSITION AND TO SET .
• 11/05/2003 Conversion Event
Comment
MIVJT: JURY TRIAL SET ON 01/20/2004 AT 9:00 A.M. ORDERED VACATED.
• 11/05/2003 Conversion Event
Comment
MIVOT: PRETRIAL CONFERENCE. SET ON 12/30/2003 AT 8:30 A.M.

ORDERED VACATED.
• 11/05/2003 Conversion Event
Comment
MIENT: ENTERED BY MBOLANDER ON 11/05/2003 .
• 01/05/2004 Conversion Event
Comment
SHRES: CASE SHIFTED FROM HEARING ON 01/06/2004 AT 8:30 A.M. IN

DEPARTMENT PT OF SUPERIOR COURT SOUTHERN BRANCH TO
HEARING ON 01/06/2004 AT 8:30 A.M. IN DEPARTMENT 29 OF SUPERIOR COURT SOUTHERN BRANCH .
• 01/06/2004 Conversion Event
Comment
HHELD: HEARING HELD ON 01/06/04 AT 8:30 A.M. IN SUPERIOR COURT SOUTHERN BRANCH , D- 29 . HON. JOSEPH N GRUBER, COURT
COMMISSIONER , PRESIDING. CLERK: SARAI MORENO . REPORTER:

TRACY WOOD . CLERK2: LISABETH FALLS . DEPUTY D.A. FEASEL .

DEFENSE COUNSEL PRESENT: PLISKA .
• 01/06/2004 Conversion Event
Comment
HHPTE: PRE TRIAL CONFERENCE AND TO SET
• 01/06/2004 Conversion Event
Comment
FDSPT: STIPULATION RE: JUDGE PRO TEMPORE HEARING MATTER. • 01/06/2004 Conversion Event
Comment
APWAT: DEFENDANT APPEARED WITH ATTORNEY PLISKA .
• 01/06/2004 Conversion Event
Comment
APNAD: NEITHER ATTORNEY NOR DEFENDANT PRESENT WHEN
MATTER HEARD ON THE RECORD.
• 01/06/2004 Conversion Event
Comment
SHPDS: PREVIOUS DATES REMAIN AS SET.
• 01/06/2004 Conversion Event
Comment
MIENT: ENTERED BY L FALLS ON 01/06/2004 .
• 01/12/2004 Conversion Event
Comment
SHRES: CASE SHIFTED FROM HEARING ON 01/13/2004 AT 9:00 A.M. IN

DEPARTMENT AR OF SUPERIOR COURT SOUTHERN BRANCH TO
HEARING ON 01/13/2004 AT 9:00 A.M. IN DEPARTMENT 31 OF SUPERIOR COURT SOUTHERN BRANCH .
• 01/13/2004 Conversion Event
Comment
HHELD: HEARING HELD ON 01/13/04 AT 9:00 A.M. IN SUPERIOR COURT SOUTHERN BRANCH , D- 31 . HON. CLARK LESLIE, COURT
COMMISSIONER , PRESIDING. CLERK: IRMA LOPEZ-OCEGUEDA .

REPORTER: RHONDA GUESS . CLERK2: LISABETH FALLS . DEPUTY D.A.

FORD . DEFENSE COUNSEL PRESENT: PLISKA .
• 01/13/2004 Conversion Event
Comment
HHDOS: DISPOSITION AND TO SET
• 01/13/2004 Conversion Event
Comment
FDSPT: STIPULATION RE: JUDGE PRO TEMPORE HEARING MATTER. • 01/13/2004 Conversion Event
Comment
APAFD: DEFENDANT NOT PRESENT, BUT IS REPRESENTED BY
ATTORNEY PLISKA .
• 01/13/2004 Conversion Event
Comment
PLCEF: DEFENDANT THROUGH HIS/HER COUNSEL ENTERS A PLEA OF NOLO CONTENDERE TO COUNT 1 . DEFENDANT FOUND GUILTY BY
COURT.
• 01/13/2004 Conversion Event
Comment
FDWOR: DEFENDANT IS ADVISED OF, UNDERSTANDS, AND

KNOWINGLY AND VOLUNTARILY WAIVES ALL THE FOLLOWING
RIGHTS: WAIVES THE RIGHT TO COUNSEL; TO TRIAL BY JURY; TO CONFRONT AND CROSS-EXAMINE ADVERSE WITNESSES; THE
PRIVILEGE AGAINST SELF-INCRIMINATION. THE COURT FINDS THAT

THE DEFENDANT UNDERSTANDS THE NATURE OF THE CHARGES, THE

ELEMENTS OF THE OFFENSE, THE DEFENSE THERETO, THE
CONSEQUENCES OF PLEAS AND THE RANGE OF PENALTIES THERETO.

WAIVER OF RIGHTS SIGNED.
• 01/13/2004 Conversion Event
Comment
CDFRC: UPON MOTION OF PEOPLE ALL REMAINING COUNTS
DISMISSED. REASON: NEGOTIATED PLEA.
• 01/13/2004 Conversion Event
Comment
WTSTB: TIME WAIVED FOR SENTENCING.
• 01/13/2004 Conversion Event
Comment
ARWFS: DEFENDANT WAIVES FORMAL ARRAIGNMENT FOR
SENTENCING.
• 01/13/2004 Conversion Event
Comment
SESCB: COUNT 1 IMPOSITION OF SENTENCE SUSPENDED. DEFENDANT IS PLACED ON COURT PROBATION FOR 2 YEARS; 0 MONTHS; 0 DAYS. • 01/13/2004 Conversion Event
Comment
SECJL: AS TO COUNT 1 , DEFENDANT TO SERVE 0 YEAR(S), 0 MONTH(S), 2 DAY(S), 0 HOUR(S) IN THE COUNTY JAIL.
• 01/13/2004 Conversion Event
Comment
SESEJ: DEFENDANT TO SURRENDER TO COUNTY JAIL ON 02/28/2004 AT 10:00 A.M. .
• 01/13/2004 Conversion Event
Comment
SESWP: DEFENDANT IS RECOMMENDED TO THE SHERIFF'S WORK
PROGRAM.
• 01/13/2004 Conversion Event
Comment
SEPFX: TOTAL FINE AMOUNT PAYABLE, INCLUDING ALL
ASSESSMENTS, IS $1,230.00 .
• 01/13/2004 Conversion Event
Comment
SERET: DEFENDANT ORDERED TO PAY $110.00 TO STATE RESTITUTION FUND. THIS PAYMENT IS A CONDITION OF PROBATION
• 01/13/2004 Conversion Event
Comment
SEPRC: DEFENDANT TO PAY FINE AND ASSESSMENTS THROUGH
MUNICIPAL COURT CLERK'S OFFICE.
• 01/13/2004 Conversion Event
Comment
SEOAL: OBEY ALL LAWS. FOLLOW ALL ORDERS OF THE
COURT/PROBATION OFFICER AND REPORT AS DIRECTED. NOTIFY THE

COURT/ PROBATION OFFICER IMMEDIATELY OF ANY CHANGE OF
RESIDENCE ADDRESS.
• 01/13/2004 Conversion Event
Comment
SENOC: DEFENDANT NOT TO CONTACT, CALL OR OTHERWISE
COMMUNICATE WITH VICTIM .
• 01/13/2004 Conversion Event
Comment
MIATS: ATTORNEY MAY SIGN.
• 01/13/2004 Conversion Event
Comment
MIASE: ALL SENTENCE ELEMENTS FOR THIS PROCEEDING ENTERED. • 01/13/2004 Conversion Event
Comment
MIENT: ENTERED BY L FALLS ON 01/13/2004 .
• 01/30/2004 Conversion Event
Comment
SEFCN: FINE PAID THROUGH CLERK'S OFFICE ON 01/30/2004 . RECEIPT NUMBER 41-0005 . AMOUNT PAID $1,230.00 .
• 01/30/2004 Conversion Event
Comment
SEFCR: $110.00 RESTITUTION FUND PAID THROUGH THE CLERKS OFFICE.
• 02/11/2004 Conversion Event
Comment
HHMOD: MODIFICATION OF SENTENCE
• 02/11/2004 Conversion Event
Comment
SECSB: DEFENDANT ORDERED TO COMPLETE 50 HOURS OF PUBLIC SERVICE WORK ON OR BEFORE 08/11/2004 AS DIRECTED BY THE PUBLIC SERVICE REPRESENTATIVE.
• 02/11/2004 Conversion Event
Comment
SEPSA: SUBMIT PROOF OF COMPLETION OF PUBLIC SERVICE WORK TO THE COURT BY 08/11/2004 .
• 02/11/2004 Conversion Event
Comment
MIENT: ENTERED BY IRMA ON 02/11/2004 .
• 04/21/2004 Conversion Event
Comment
CERTC: CERTIFIED COPY OF DOCUMENTS SENT TO DEPARTMENT OF REAL ESTATE . $0.00 FEE PAID.
• 07/27/2004 Conversion Event
Comment
MISEN: FILE SENT TO DEPT 29
• 08/04/2004 Conversion Event
Comment
SHSET: APPEARANCE SET ON 08/10/2004 AT 9:00 A.M. IN SUPERIOR COURT SOUTHERN BRANCH DEPT. 29 FOR FURTHER PROCEEDINGS. AT REQUEST OF ATTY PLISKA .
• 08/10/2004 Conversion Event
Comment
HHELD: HEARING HELD ON 08/10/04 AT 9:00 A.M. IN SUPERIOR COURT SOUTHERN BRANCH , D- 29 . HON. JOSEPH N GRUBER, COURT
COMMISSIONER , PRESIDING. CLERK: ROSA VEGA . REPORTER: TRACY WOOD . CLERK2: BIANCA NEDELCU . DEPUTY D.A. BAUM . DEFENSE COUNSEL PRESENT: PLISKA .
• 08/10/2004 Conversion Event
Comment
HHFUR: FURTHER PROCEEDINGS
• 08/10/2004 Conversion Event
Comment
FDSPT: STIPULATION RE: JUDGE PRO TEMPORE HEARING MATTER. • 08/10/2004 Conversion Event
Comment
APWAT: DEFENDANT APPEARED WITH ATTORNEY PLISKA .
• 08/10/2004 Conversion Event
Comment
PROBE: PROBATION IS MODIFIED.
• 08/10/2004 Conversion Event
Comment
SEOTH: PUBLIC SHERRIF'S WORK SEEMED COMPLETED .
• 08/10/2004 Conversion Event
Comment
MIASE: ALL SENTENCE ELEMENTS FOR THIS PROCEEDING ENTERED. • 08/10/2004 Conversion Event
Comment
MIENT: ENTERED BY B NEDELCU ON 08/10/2004 .
• 03/10/2006 Conversion Event
Comment
OTHER: EXPUNGEMENT FEE OF $60.00 PAID. RECEIPT #41-0013 • 03/13/2006 Conversion Event
Comment
MIRFL: FILE RETURNED TO CLERK'S OFFICE.
• 03/13/2006 Conversion Event
Comment
FDPDC: PETITION TO DISMISS COUNT 1 PURSUANT TO SECTION
1203.4/1203.4A PENAL CODE FILED.
• 03/13/2006 Conversion Event
Comment
FDCOM: ORDER GRANTING AND DISMISSING COUNT 1 PURSUANT TO SECTION 1203.4/1203.4A PENAL CODE, FILED.
• 03/13/2006 Conversion Event
Comment
FDACI: AMENDED CII FORWARDED TO ARRESTING AGENCY.

CC 10-15-2024
Item No. 6
Study Session on Unhoused
Services and Programs
Written Communications
From: Tom Chin
To: City Clerk
Subject: Fw: Urgent Action Needed to Address Homeless Encampments and Ensure Fair City Priorities Date: Friday, October 11, 2024 12:38:38 PM
Hi Clerk team,
I am forwarding emails that may be considered Written Communication for the upcoming City Council meeting.

Thomas Chin
Emergency Manager
City Manager's Office
[email protected]
(408) 777-1310
From: Santosh Rao <[email protected]>
Sent: Friday, October 11, 2024 7:45 AM
To: City Council <[email protected]>; Pamela Wu <[email protected]>; Tina Kapoor <[email protected]>; Tom Chin <[email protected]>
Subject: Urgent Action Needed to Address Homeless Encampments and Ensure Fair City Priorities

CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Subject: Urgent Action Needed to Address Homeless Encampments and Ensure Fair City Priorities
Dear Mayor Mohan and Cupertino City Council Members,
I hope this email finds you well.

I wanted to bring to your attention the recent efforts by neighboring cities, such as San Jose, which have taken decisive action to clear homeless encampments with state support, as noted in this article: San Jose Spotlight - State Aid forClearing Homeless Camps.

Unfortunately, Cupertino has yet to take comparable steps. The encampment on Alves Drive remains a pressing concern, with no visible progress towards resolving it. Residents, myself included, have voiced concerns, but we seem to be met with silence from the council and staff. Is there a process in place to address these inquiries and prioritize action? It has become increasingly evident that our city’s resources are being diverted toward issues like political sign removal of opponents of the current council majority, while pressing matters such as homeless encampments and RV parking persist without resolution. I urge you to reconsider these priorities and direct city staff to focus on the significant resident concerns, such as addressing and evicting homeless encampments.

As representatives of Cupertino’s voters, I trust that you will act in the best interest of the community and ensure that staff is properly directed towards these urgent matters.

Thank you for your attention to this issue, and I look forward to your response.

Best regards,
San Rao
From: Tom Chin
To: City Clerk
Subject: Fw: Homeless Problem
Date: Friday, October 11, 2024 12:37:24 PM
Hi Clerk team,
I am forwarding messages that may be considered Written Communication.

Thomas Chin
Emergency Manager
City Manager's Office
[email protected]
(408) 777-1310
From: Cathy Helgerson <[email protected]>
Sent: Friday, October 11, 2024 10:51 AM
To: Tom Chin <[email protected]>; Pamela Wu <[email protected]>; Kitty Moore <[email protected]>; Liang Chao <[email protected]>; J.R. Fruen <[email protected]>; Sheila Mohan <[email protected]>; Supervisor Joe Simitian <[email protected]>; [email protected] <[email protected]>; Peggy Griffin <[email protected]>; [email protected] <e- [email protected]>; [email protected] <[email protected]> Subject: Homeless Problem

CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Hello,
I am sending this e-mail to all of you and want to address the problems with the homeless here on our streets in Cupertino and Santa Clara County.

I have complained over and over again to Tom Chin and written e-mails addressing the homeless women behind the Target Store. It seems that no one can do anything about getting her off the street where she is living. I passed by behind the store this morning and now there is another person who is homeless and he seems to have made it his home a little way down close to the corner of the street from where she has been living in a tent. She has been on the street for a good long time. Tom Chin is aware of the situation and he probably also knows of the other man living there too. Seems that Tom has no solution to these problems.

I think it is time that the City of Cupertino Staff and City Council address this problem before there are more homeless people thinking they can make this their home. One by one they will park themselves there and this is not acceptable. This is definitely a health problem. They throw their garbage on the street next to where they are staying. Many of them are mentally ill and I do believe that this woman living in the tent is very sick. My e-mails and phone calls go unheard or resolved and this is wrong. It is difficult to reach people in the City and most calls just want us to leave a message. It seems that the City Manager Pamela Wu is always at a meeting. I find that hard to believe. I visit the city office and no one is there except the receptionist. The City of Cupertino needs to be transparent and there needs to be staff working in the office. I also ask that Santa Clara County get involved, especially Joe Simitian's office. There needs to be solutions to these problems and it seems we can not leave it up to the Cities.

I have also addressed the RV problem of people parked behind the CupertinoTarget store and on side streets that are living here on our streets..Things are getting worse and worse. There has to be and should be no parking signs posted no one should park there. Sometimes there are also very large trucks parked there and I think maybe the truck drivers are sleeping in their trucks. All of this causes difficulty for people driving by, especially if there are cars, RV's and trucks parked on both sides. I would consider this a safety hazard. The people living in RV's on our streets is becoming a major problem and the Cities and Santa Clara County needs to find solutions to the problems. Maybe it is time the Cities and County establish RV parks for the RV's to be parked at before it really gets completely uncontrollable because it is coming to that point at no charge. The housing problems are great and people are forced to live under these conditions.

I have also addressed this to others with this e-mail so that they may get involved and try to do something about what is taking place. It is time that those who can make a difference come to the table and find decent living solutions for those less fortunate.

Please contact me about this ASAP!
Cathy Helgerson - 408-253-0490
Cupertino Citizen
20697 Dunbar Drive, Cupertino, Ca. 95014
From: Deborah
To: City Clerk
Subject: City Council Meeting - October 15, 2025 Item #6 Study Session: Unhoused Services and Programs Date: Tuesday, October 15, 2024 11:07:53 AM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

City Clerk,
I am the CEO of the Cupertino Chamber of Commerce and the Former City Manager of Cupertino. I served from 2019 to 2021, during the height of the pandemic and during this time, we addressed the largest homeless encampment the City has experienced. In 2020, when we dealt with the 25-person encampment along Wolfe Road:

The City’s Point in Time Count was 159; it is now 48
The City’s budget was had a surplus, so resources were not an issue On behalf of the business community, we appreciate the way the City has been addressing the unhoused residents thus far.

Effectively addressing the unhoused situation for the City takes a number of resources that may not seem obvious to everyone:

The relationship with the County Office of Supportive Housing is key and they are in the primary role.

Relationships with a number of non-profit organizations whose relationship to the City is key, but is indirect
Other government agencies whose roles are important in helping the City in addressing the unhoused
Private entities whose resources, including funding, are made available because of supportive relationships
All of this is to say that to effectively address the unhoused situation in any City takes trusting relationships that are built over time and are often delicate. No one person can ‘direct’ an action, and since people are involved, needs and rights must be at the forefront of the thinking of the professionals dealing with each of these situations. “Sweeps” or removals of unhoused people without the planned work ahead of those actions will result in lawsuits against the City and negative media, both of which waste money and time that the City does not have. Businesses contribute a significant portion of the tax revenue to the City and would rather those dollars go towards effective solutions and actions rather than protecting the City against lawsuits that could have been prevented by forethought.

Respectfully submitted on behalf of the Board of Directors of the Cupertino Chamber of Commerce and local businesses.

Deborah L. Feng, MBA
CEO
O. 408 2527054 ext.101
[email protected]
www.cupertino-chamber.org
CC 10-15-2024
Item No. 7
Amendments to Cupertino
Municipal Code
Written Communications
From: Liang Chao
To: City Clerk
Subject: Fw: Questions on Item 7 - Muni Code Amendment on Commissions etc Date: Tuesday, October 15, 2024 4:30:42 PM
Attachments: image.png
Please include in the written communication of tonight's meeting since I likely will refer to these additional questions in the meeting.

Thanks,
Liang
Liang Chao
Council Member
City Council
[email protected]
408-777-3192
From: Liang Chao <[email protected]>
Sent: Tuesday, October 15, 2024 4:29 PM
To: Pamela Wu <[email protected]>
Cc: Christopher Jensen <[email protected]>
Subject: Re: Questions on Item 7 - Muni Code Amendment on Commissions etc

The answer provided did not answer my question.

Q5: Regardless of the federal government's limitation, the city council still has a right to establish guidelines on the location and other considerations as other cities have done.

Right?
Q6 (Q1-3 followup): From the answer below, I understand that for cell towers outside of the public-right-of-way, they would be NOT under the responsibilities of the Planning Commission " in accordance with Municipal Code Chapter 19.136".

I looked up Municipal Code Chapter 19.136, which is only a chapter about "WIRELESS COMMUNICATIONS FACILITIES".

It does not in any way preclude the Planning Commission from advising the Council on this.

I don't understand it.

Please quote the specific Muni Code to that effect to help me understand it better.

Q7 (Q1-3 followup): The Responsibilities of the Planning Commission in CMC

2.32.070 includes
"B. Implement the General Plan through actions including, but not limited to, the administration of specific plans and zoning, subdivisions, and sign ordinances;" And the Muni Code chapter for CMC 19.136 "WIRELESS COMMUNICATIONS FACILITIES" is under the Chapter 19 Zoning. Thus, the regulations in CMC 19.136 clearly falls under the responsibilities of Planning Commission: "B. Implement the General Plan through actions including, but not limited to, the administration of specific plans and zoning, subdivisions, and sign ordinances;"
I could not find any language anywhere in CMC 19 or in CMC 2.32.070 that would
preclude Planning Commission from considering anything that is in the public-right-of- way.

I don't understand it.

Please quote the specific Muni Code to that effect to help me understand it better.

Q8 (Q1-3 followup): For cell towers on the public-right-of-way, does it fall under the TICC's responsibilities? If so, which item of TICC's responsibilities covers this area? If not, which commission would be able to advise the Council on cell towers on the public-right-of-way?
Thanks for clarifying that.

Liang
========
Q1-3: Would TICC advise the Council on the location of cell towers and measurement metrics of radiation? If not TICC, which commission should advise the Council on this matter?
Answer:

The Planning Commission advises the City Council regarding regulation of wireless telecommunications facilities outside of the public right-of-way in accordance with Municipal Code Chapter 19.136. Federal law preempts local regulation of wireless telecommunication facilities based on health concerns and limits the discretion of local jurisdictions to regulate the location of such facilities generally and small wireless facilities in the public right-of-way in particular. The proposed ordinance cleanup updates the Municipal Code to reflect the impact of these legal developments on the TICC’s jurisdiction and to more closely reflect current TICC practices.

Liang Chao
Council Member
City Council
[email protected]
408-777-3192
From: Liang Chao <[email protected]>
Sent: Monday, October 14, 2024 2:35 AM
To: Pamela Wu <[email protected]>
Cc: Christopher Jensen <[email protected]>
Subject: Questions on Item 7 - Muni Code Amendment on Commissions etc

Q1: TICC
Q1-1: Why is this responsibility removed from TICC? Who will do it? "Conduct periodic reviews of technology, information, and communications providers, facilities and products and make recommendations on such subjects to the City Council;" Q1-2: Why is this responsibility removed from TICC? Who will do it? "Recommend amendments to the City’s telecommunications policy of the City Council;" Q1-3: Would TICC advise the Council on location of cell towers and measurement metrics of radiation? If not TICC, which commission should advise the Council on this matter?
Q1-4: Would TICC advise the Council on the Fiber network, boradband? If not, which commission should advise the Council on this matter?
Q2: The staff report states that Section 2.86.010 (Housing Commission) is only changed to conform in format to other sections. But the redlined version shows that the composition is changed from 4 residents plus 1 business rep to 5 residents. Just wondering whether this change is intended?
Q3: Bicycles on sidewalks
Q3-1: Please include a map to show the two sections of sidewalk that would allow bicycles: "Section 11.08.180: Transportation Division staff recommends amending Section 11.08.180 to allow bicycle riding on two sections of sidewalk, to facilitate connectivity to the Regnart Creek Trail."
Q3-2: In the Section 11.08.180, there is no speed limit for bicycles on the sidewalk? Q3-3: What about electric bicycles? Electric scooters?
Q3-4: How would we ensure the safety of pedestrians on the sidewalk? Q3-5: It's unclear whether the bicycles are allowed to ride on the sidewalk in any direction or only in the direction which is the same as the on-street bicycles? Q4: The modified Section 13.04.130 prohibit: "L. Use or allow the use of powered model airplanes or drones
except in areas so designated by the department of parks and recreation;
Q4-1: Just wondering whether there is any area where model airplanes or drones are allowed right now?
Q4-2: How would anyone apply to designate an area for model airplanes or drones? Q4-3: Are model airplanes or drones allowed outside of parks? On public streest? On sidewalks? In schools?
Thanks for the effort to clean up the code.

Liang
Liang Chao

Council Member
City Council
[email protected]
408-777-3192

CC 10-15-2024
Item No. 8
Unassign funds from the
Committed Sales Tax
Repayment Reserve
Written Communications
From: Peggy Griffin
To: City Council
Cc: City Clerk
Subject: 2024-10-15 City Council Meeting-AGENDA ITEM 8-Sales Tax Repayment Committed Reserve Date: Friday, October 11, 2024 1:05:45 PM
Attachments: image001.png
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

PLEASE INCLUDE THIS EMAIL AS PART OF WRITTEN COMMUNICATIONS FOR THE ABOVE MEETING AGENDA ITEM.

Dear City Council,

I appreciate Finance Manager Jonathan Orozco’s Staff Report. It’s clear and with specific data. Thank you!

In my previous email, I said that moving these funds to the General Fund means “they can be spent with less oversight”. What I meant was that once the money is in the General Fund, budget “adjustments” come before Council all the time
. Director Alfaro said this is the norm
but this is where a pile of money can be depleted gradually with incremental changes to the budget over time.

Many contract increases appear under Consent. I’m not sure if any budget adjustments appear under Consent. Consent is where a lot of money just gradually is spent over time.

Contracts get increased then budgets need to be bumped up.

When the pile of money is sitting in a restricted committed fund, a specific action by Council to move the money must appear before Council, as do budget adjustments. The results are the same in each case, that money is moved to be spent. The BIG difference is it is very clear that THIS money is being spent! That you are dipping into a safety net.

REQUEST
Please DO NOT transfer these funds to the General Fund. Instead,

RENAME this restricted fund (leave it as restricted)
FROM: “Sales Tax Repayment Committed Reserve”
TO: something like “Economic Uncertainty Committed Reserve”

Sincerely,
Peggy Griffin

FOR REFERENCE FROM THE STAFF REPORT

From: Peggy Griffin
To: City Council
Cc: City Clerk
Subject: 2024-10-15 City Council Meeting-AGENDA ITEM 8-Sales Tax Repayment Committed Reserve Date: Friday, October 11, 2024 12:38:11 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

PLEASE INCLUDE THIS EMAIL AS PART OF WRITTEN COMMUNICATIONS FOR THE ABOVE MEETING AGENDA ITEM.

Dear City Council,

We are facing 10 years of a structural budget deficient. From what I understand, it means that the city’s income will be less than the city’s expenses leading to a negative balance that will grow over time. This is a scary thought and one that should not be taken lightly.

From the Staff Report, it sounds like the city has earned $3.1M in interest by moving the $74.5M restricted funds into an interest bearing account! That was about how much our deficient was before this year’s budget was adjusted to balance it! The $74.5M sitting in this restricted fund provides safety AND the interest it earns goes into the General Fund to help balance the budget! This is a win-win situation-having these funds available but requiring stricter oversight yet allowing the interest it earns to supplement the General Fund.

SUGGESTION
Rather than transfer these restricted funds into the general fund where they can be spent with less oversight, I suggest that you

RENAME this restricted fund (leave it as restricted)
FROM: “Sales Tax Repayment Committed Reserve”
TO: something like “Economic Uncertainty Committed Reserve”

Please do not move these funds into the General Fund where it can be spent with less oversight.

Sincerely,
Peggy Griffin

From: Rhoda Fry
To: City Clerk; Cupertino City Manager"s Office; City Council Cc: "Rhoda Fry"
Subject: 10/15/2024 Agenda Item #8 CDTFA
Date: Tuesday, October 15, 2024 12:13:47 AM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Dear City Council,

Please do not put our City’s windfall into an unassigned fund that could be frittered away.

Please put the money into the economic uncertainty fund – or even better yet, create a new fund and call it an endowment.

It is my understanding that a long-term objective of this lucrative tax-sharing agreement was that the City would build up a fund and would earn interest on it.

That was a good idea and we should go with that.

Please, stop the wasteful studies and do not buy an office building on Stevens Creek Blvd.

I have to say that when I took a look at the agenda, that I was taken aback that in November, staff would make proposals on how to spend the money.

No – it must be invested. At 5%, we would generate about $7.5M every year off of that $150M balance and that would make a significant difference in making up for lost sales-tax revenue.

In recent normal years, we had about $27M in sales-tax revenues and we’ll be going down to about $10M.

You can see that during the COVID years that we got a huge boost – several years worth!!! Here’s a graphic extracted from opengov showing net sales tax revenue with a line at the $10M mark:

You can see that the likelihood of the City getting back to $27M is extremely unlikely. We must not consider spending down the fund to cover a 10-year budget deficit because eventually the money will run out.

Even doubling sales-tax revenue is a long shot. The Vallco project has continued to shrink its retail footprint. And even if it changed course and added retail, you can see that it would be nearly impossible to get back to where we were. Most people were unaware that Cupertino had this huge income stream. For every $100 of Apple goods purchased online, Cupertino earned $0.65. The City’s Annual Report, the ACFR, referred to this income as business-to-business income (and the tax-sharing agreement with Apple as a consulting agreement) – and so what really was going on was probably forgotten over time. There will be a new law in the State that requires that Cities disclose these agreements.

THE CITY KNEW THAT IT WOULD COME TO AN END – EVEN IN 2006!!! And this was when we were doing a 50-50 split.

Here is an excerpt of the 2006/2007 Budget:

See image of the 25th page of the City’s budget Budget 2006-2007 (cupertino.org)

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PLEASE DO NOT PUT OUR PRECIOUS ONE-TIME WINDFALL INTO AN UNASSIGNED FUND – MAKE IT AN ENDOWMENT.

I know that there is some excitement about future construction and the receipt of impact fees that go along with it.

But this is a false economy because impact fees go toward funding impacts of developments.

And these fees are set at a lower actual cost - - - so it will be the residents who will be funding development.

Here is an informative video:
https://www.bloomberg.com/news/videos/2024-08-28/best-buy-and-apple-make-millions-on- tax-deals-video

Thanks for reading,
Rhoda Fry
Virus-free.www.avg.com

Cupertino City CouncilOctober 15, 2024

Cupertino City Council
October 15, 2024