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CC 02-07-2023 Late_Oral_Written Communications (Updated 2-8-23)CC 02-07-2023 Written Communications Oral Communications From:Kirsten Squarcia To:City Clerk Subject:FW: My truncated slides for this evening (Oral Communicaitons) Date:Tuesday, February 7, 2023 10:12:23 PM Attachments:How to support biodiversity 02 trunc.pdf image001.png image003.png image005.png image007.png image009.png image011.png image013.png image015.png Kirsten Squarcia​​​​ City Clerk City Manager's Office KirstenS@cupertino.org (408) 777-3225 From: Don Halsey <donhalsey3021@gmail.com> Sent: Tuesday, February 7, 2023 8:19 PM To: Kirsten Squarcia <KirstenS@cupertino.org> Subject: My truncated slides for this evening 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. Attached are the slides I was able to present. Please post / distribute them as appropriate. While my Powerpoint deck was on my desktop, the Powerpoint program itself was not up and running, and it took a long time to boot. That won't happen again. In the next CCC meeting I'll cover the last section of the presentation. Thanks for all your help. Biodiversity Presentation to Cupertino City Council 2/7/2023 Don Halsey a coordinator of Friends of Blackberry Farm Golf Resident #2 request: (made of CCC): •“Ask how each project supports biodiversity when it comes to Council” Tonight, let me show you what scientists have to say about biodiversity and golf courses January 17 CCC meeting •Western bluebirds throughout •Red tail hawk near first tee •Blue heron on rock near ninth fairway Resident #1 comments: (bird watcher / golfer) about birds at Blackberry Farm Golf Course: Scholarly study •chrome- extension://efaidnbmnnnibpcajpcglclefindmkaj/https://sustain.ubc.ca/sites/default/file s/2020-54_Biodiversity%20Audit%20of%20Vancouver%20Park_Oyunkhishig.pdf Let’s count the birds at golf courses and nearby ‘green spaces’ In year-around, all year counts, 3 of 3 golf courses, had more bird species than nearby parks Another scholarly study, from Australia chrome- extension://efaidnbmnnnibpcajpcglclefindmkaj/https://girg.science.unimelb.edu.au/files/2020/06/Biodi versity-benefits-of-golf-courses-and-parks-Presentation-2014.pdf Ok for the birds, but what about the others? •Did the golf course have the highest measures in the other categories? •Beetles •Bugs •Bees •Insect-eating bats •Yes, yes, yes and yes If you want biodiversity, keep the golf course! From:Connie Cunningham To:City Council; City Clerk Subject:23-2-7 City Council, Oral Communications, Biodiversity Date:Tuesday, February 7, 2023 7:41:41 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 add these comments to the written record. Thank you. ! Connie  23-2-7 Oral Communications, Biodiversity Good evening, Mayor Wei, Vice-Mayor Mohan, and Councilmembers: My name is Connie Cunningham. Resident 34 years Food comes from plants and animals, not directly from the store. Just as our water comes from rivers, creeks, and wells—the last step is the faucets in our homes. To protect Biodiversity and our water, we can change how we landscape our property, and we can add property dedicated to nature. At the previous four City Council meetings, I spoke about Plunging Biodiversity worldwide, explaining that it is critical for humans to better understand what it is, how it must be turned around, and to make actions in favor of biodiversity a first priority. Many action items will come before Council asking for just “one more” change to the lighting regulations. One more change to the open space in our hills. Just one more change. Agenda Item 16 that I will speak to later is a case in point. That appellant is appealing a Planning Commission decision about lighting of business signs. Palo Alto City Council heard a case on January 23, from a homeowner that wanted a 20 feet setback from a creek, although the average distance of homes was over 50 feet, and the City had guidance in place to consider 150 feet as the minimum. With all the rains and mudslides and damage to homes along creeks and rivers, why would the homeowner ask for a 20 ft setback? Fortunately, the Palo Alto Counsel authorized 50 feet (not 20 feet) from the creek. They, also, directed staff to write an ordinance that would set the guidance for 150 feet into legally binding rules for the future. Each of us comes to understanding of biodiversity from different places. Mine grew through birdwatching. Some grow to understand human relationship to nature from losing their home to floodwaters or mudslides or fires. For Council members and others at these Council meetings, I hope to create an interest in nature and how to create policies that allow nature room to breathe within our city borders. As we consider our Housing Element, recently submitted to HCD for review, I urge Council to encourage staff to include biodiversity in all plans: —planting native trees, plants and grasses, throughout the City. --consider location of native trees and plants in all housing projects, business projects! Please focus on in-fill locations that do not encroach on dwindling natural spaces. In conclusion: What can City Council do to increase biodiversity and conserve water? <!--[if !supportLists]-->1. <!--[endif]-->Learn more about native plants! Understand biodiversity’s impact on human food sources and water sources. <!--[if !supportLists]-->2. <!--[endif]-->Ask how each project supports biodiversity when it comes to Council. <!--[if !supportLists]-->3. <!--[endif]-->Approve restoring nature to 16 acres of land, Option B, at Blackberry Farm Golf Course this year. CC 02-07-2023 Item No. 10 Consider the monthly Treasurer's Report for December 2022 Written Communications From:Peggy Griffin To:City Council Cc:City Clerk Subject:2023-02-07 CC Item 10 - Monthly Treasurer"s Report for Dec 2022 NOT MONTHLY Date:Tuesday, February 7, 2023 4:54:37 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 tis in Written Communication for this item. Dear City Council, This report is not “monthly”. This is February and we are looking at December 2022! The Treasurer’s Reports are no longer presented MONTHLY to Council and there is a move to eliminate it on the agenda entirely! Once Council changed, Staff decided they no longer needed to provide a timely public report. They are sent by Council Memo which is an EMAIL to Council with an attachment. The public has no access to it without doing a Public Records Request. It is not clear when the report is written versus when it actually is sent to Council. It’s supposed to be monthly. If Audit Committee is reviewing it, they only meet every other month so it is no longer a monthly review of this report. They’ll be reviewing 2 months at a time. This is NOT an improvement! This is NOT transparent! This is hiding the city’s finances! REQUESTING: Public access to the Monthly Treasurer’s Report online – including the email that sent it. Sincerely, Peggy Griffin CC 02-07-2023 Item No. 13 Supplemental Memo to Council Questions Written Communications From:Jose Yow To:City Council; Cupertino City Manager"s Office Subject:RE: Comments to Tonight"s Meeting Items Date:Tuesday, February 7, 2023 1:44:01 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. Hi, Councilwomen, Councilmen & City Manager: Below are the comments I have for the items that will be discussed at the council meeting tonight. I have been a long time Cupertino resident for 35 years and am a bit concerned about the changes that are proposed. I can't attend tonight's meeting due to a meeting conflict. But, I'd like to voice my opinions for the following items: Report: “40% Food Service Use Cap” Turned Into “40% Restaurant Cap: This defeats the purpose of setting this standard. All of the exceptions are parts of the food service categories. It's ridiculous to exclude them and give the cap more space than it intends to. The proposed “Cupertino City Council Procedures Manual'' (Consent Calendar Item 15) We should stay with the original method meaning two council members can propose an agenda item. We should stay with the original concept of not allowing the mayor alone to shut down the deliberation to request a vote on an agenda item. The California Public Records Act (CPRA): We should not allow the city manager to limit access to the information of the elected officials through CPRA. Taken any action on a study session item: Council members shall not take action and adopt the study session item. The Mayor has “made recommendations” to assignments of Councilmembers to the committees: The mayor can only recommend the council members to the committees, not the authority to assign the council members to the committees. Should we limit the types of items which could be put on Consent to limit public input and Council deliberation? Yes. We should not limit the public input and council deliberation. Bench Donation policy: We should follow the following steps to approve the bench donation policy and should never bypass public opinion. The policy should not be approved by council members' "On Consent), it should have discussions and public opinions and then have PArks & Rec commission make the recommendation to the council. Also, no one should buy a plaque and put it on the public bench by him or herself. 1. Put on the Council Work Program. 2. Refer to the Parks and Recreation Commission to study and make a recommendation. 3. Research similar policies in other cities and get public input. 4. Research proper locations for donated park benches or a process to identify proper locations and get public input 5. Put on Council Meeting agenda Thank you for spending the time reading my comments. All policies should be transparent to the public not dictated by one person or one organization. Public opinions are important since all policies are for the good of the citizens and they definitely need to be involved in the approval processes. Wish you a successful council meeting tonight! Regards, Jose Yow CC 02-07-2023 Item No. 14 Informational memorandum regarding retail square footage analysis of Main Street Written Communications From:Jose Yow To:City Council; Cupertino City Manager"s Office Subject:RE: Comments to Tonight"s Meeting Items Date:Tuesday, February 7, 2023 1:44:01 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. Hi, Councilwomen, Councilmen & City Manager: Below are the comments I have for the items that will be discussed at the council meeting tonight. I have been a long time Cupertino resident for 35 years and am a bit concerned about the changes that are proposed. I can't attend tonight's meeting due to a meeting conflict. But, I'd like to voice my opinions for the following items: Report: “40% Food Service Use Cap” Turned Into “40% Restaurant Cap: This defeats the purpose of setting this standard. All of the exceptions are parts of the food service categories. It's ridiculous to exclude them and give the cap more space than it intends to. The proposed “Cupertino City Council Procedures Manual'' (Consent Calendar Item 15) We should stay with the original method meaning two council members can propose an agenda item. We should stay with the original concept of not allowing the mayor alone to shut down the deliberation to request a vote on an agenda item. The California Public Records Act (CPRA): We should not allow the city manager to limit access to the information of the elected officials through CPRA. Taken any action on a study session item: Council members shall not take action and adopt the study session item. The Mayor has “made recommendations” to assignments of Councilmembers to the committees: The mayor can only recommend the council members to the committees, not the authority to assign the council members to the committees. Should we limit the types of items which could be put on Consent to limit public input and Council deliberation? Yes. We should not limit the public input and council deliberation. Bench Donation policy: We should follow the following steps to approve the bench donation policy and should never bypass public opinion. The policy should not be approved by council members' "On Consent), it should have discussions and public opinions and then have PArks & Rec commission make the recommendation to the council. Also, no one should buy a plaque and put it on the public bench by him or herself. 1. Put on the Council Work Program. 2. Refer to the Parks and Recreation Commission to study and make a recommendation. 3. Research similar policies in other cities and get public input. 4. Research proper locations for donated park benches or a process to identify proper locations and get public input 5. Put on Council Meeting agenda Thank you for spending the time reading my comments. All policies should be transparent to the public not dictated by one person or one organization. Public opinions are important since all policies are for the good of the citizens and they definitely need to be involved in the approval processes. Wish you a successful council meeting tonight! Regards, Jose Yow CC 02-07-2023 Item No. 15 Consider adopting City Council Procedures Manual Written Communications From:louise saadati To:City Council; City Clerk; Cupertino City Manager"s Office Subject:Approve Items 15 and 17 for Council Meeting Agenda 2/7/23 Date:Tuesday, February 7, 2023 4:31:29 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 approve Item 15 the Procedures Manual tonight 2/7/23. This has been discussed at length over two meetings for 10 hours item by item. The videos are available for any interested resident. We need this Council Procedures Manual which will facilitate efficient and transparent good governance. Endless talking, off point distractions and theatrical performances ad nauseam are not transparent, efficient nor in the spirit of what is good for the community. Council meetings should be run similar to court proceedings with rules of conduct, talking limited to the topic at hand and longwinded theaterics cut off. Please approve the Procedure Manual tonight. Item 17- Please complete processes and procedures that follow the grand jury findings. Please follow their recommendations. Cupertino is not a rogue city. Self-aggrandising appearing performances done with very repetitive long winded, off topic speeches with misinformation are not impressive nor helpful to the task at hand. Short and to the point facilitates good governance, efficiency and transparency. Thank you for your service, Louise Saadati Sent from my iPhone From:Liang Chao To:City Clerk Subject:Fwd: My comments for City Council on Agenda Item 15, 23-11997 Cupertino City Council Procedures Manual Date:Tuesday, February 7, 2023 6:05:02 PM Please put in it in the written communication for this item. Get Outlook for iOS Liang Chao​ Council Member City Council LiangChao@cupertino.org 408-777-3192 From: Joyce M Eden <comment@sonic.net> Sent: Tuesday, February 7, 2023 5:41 PM To: Liang Chao <LiangChao@cupertino.org> Subject: My comments for City Council on Agenda Item 15, 23-11997 Cupertino City Council Procedures Manual 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. My Comments for the Cupertino City Council on Agenda Item 15, 23-11997 Cupertino City Council Procedures Manual I object to the following changes. They are anti-democratic and would take away my rights as a resident of the City of Cupertino. It appears to me that many of the proposed procedures will make it harder or reduce or nullify the ability of residents and citizens and of the City Council Members to exercise their rights as elected representatives of the residents of the City of Cupertino and of citizens of the United States of America. This is a serious breach of rights. 1) I object to changing the current procedures in which two Council members can propose an agenda item and instead will allow three Council members to remove an item. The comments and positions of a minority are often the best positions or ideas and should be up for consideration. In many instances, when the majority heards the reasons, it becomes clear that is the best proceedure or solution. If a minority position and reasoning is removed, it can and often does lead to a proceedure or solution that is inferior or undemocratic. 2) I object to the proposal that would enable the Mayor by himself to shut down deliberation requesting a vote on an item. I will remind Council that they are elected to represent the residents and citizens of Cupertino, and are not there to make unilateral decisions. Usually in a discussion, new and different points of view and/or facts come out for consideration which can give a broader perspective or bring in facts not here-to-for considered. While I am not a fan of a motion to Call the Question as it is too often misused to prematurely stop a discussion, it normally requires a supermajority vote. 3) The California Public Records Act (CdPRA) is a critically important act bringing transparency to the public of public records. The proposal to take away the right of a City Council member to make a public Records Act request and instead put an unelected bureaucrat, the City Manager, in the position to be able to limit access of elected officials to City or other information is unacceptable. It begs the question, is there something to hide? 4) The proposal to allow Council to take action and adopt a study session resolution which allows the Mayor to make a committee assignment and the Council only to later to ratify it, eliminates discussion which would have enabled various considerations to be brought forward for consideration. Those would not surface and a unilateral decision would be made. This is not good governance. 5) Formerly the Mayor has made recommendations fo assignments to committees, but it is still and importantly discussed. This change would instead give the Mayor authority to make the assignment. 6) Any member of the public could pull an agenda item off of the Consent Calendar to make an individual comment and enable the city to discuss the item. This proposed manual would take away that public right. Instead only a Council member would be able to puill and item off the Consent Calendar before the meeting starts taking away the public’s right to comment. Is this City planning to take away transparency and rights of public input? Thank You for considering and upholding the importance of preserving and enhancing the public’s right to transparency and democratic processes, Joyce M Eden From:Jose Yow To:City Council; Cupertino City Manager"s Office Subject:RE: Comments to Tonight"s Meeting Items Date:Tuesday, February 7, 2023 1:44:01 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. Hi, Councilwomen, Councilmen & City Manager: Below are the comments I have for the items that will be discussed at the council meeting tonight. I have been a long time Cupertino resident for 35 years and am a bit concerned about the changes that are proposed. I can't attend tonight's meeting due to a meeting conflict. But, I'd like to voice my opinions for the following items: Report: “40% Food Service Use Cap” Turned Into “40% Restaurant Cap: This defeats the purpose of setting this standard. All of the exceptions are parts of the food service categories. It's ridiculous to exclude them and give the cap more space than it intends to. The proposed “Cupertino City Council Procedures Manual'' (Consent Calendar Item 15) We should stay with the original method meaning two council members can propose an agenda item. We should stay with the original concept of not allowing the mayor alone to shut down the deliberation to request a vote on an agenda item. The California Public Records Act (CPRA): We should not allow the city manager to limit access to the information of the elected officials through CPRA. Taken any action on a study session item: Council members shall not take action and adopt the study session item. The Mayor has “made recommendations” to assignments of Councilmembers to the committees: The mayor can only recommend the council members to the committees, not the authority to assign the council members to the committees. Should we limit the types of items which could be put on Consent to limit public input and Council deliberation? Yes. We should not limit the public input and council deliberation. Bench Donation policy: We should follow the following steps to approve the bench donation policy and should never bypass public opinion. The policy should not be approved by council members' "On Consent), it should have discussions and public opinions and then have PArks & Rec commission make the recommendation to the council. Also, no one should buy a plaque and put it on the public bench by him or herself. 1. Put on the Council Work Program. 2. Refer to the Parks and Recreation Commission to study and make a recommendation. 3. Research similar policies in other cities and get public input. 4. Research proper locations for donated park benches or a process to identify proper locations and get public input 5. Put on Council Meeting agenda Thank you for spending the time reading my comments. All policies should be transparent to the public not dictated by one person or one organization. Public opinions are important since all policies are for the good of the citizens and they definitely need to be involved in the approval processes. Wish you a successful council meeting tonight! Regards, Jose Yow CC 02-07-2023 Item No. 16 Consider an appeal of the Planning Commission's decision to deny Sign Exception Written Communications From:Anne Ezzat To:City Council; City Clerk Subject:Item #16 Date:Tuesday, February 7, 2023 5:10:35 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. Dear Council members, Please reject the request for the illuminated signage at the Public Storage on 280. It is distracting to drivers, probably not good for birds, and will make the city look like a honky tonk. Thank you for your time and consideration. Regards, Brooke Ezzat From:Peggy Griffin To:City Council; Gian Martire Cc:City Clerk Subject:Caltrans Scenic Highways Date:Tuesday, February 7, 2023 9:06:40 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. Dear City Council and Gian, FYI… Scenic Highways - FAQs https://dot.ca.gov/programs/design/lap-landscape-architecture-and-community-livability/lap-liv-i- scenic-highways/lap-liv-i-scenic-highways-faq2 CALTRANS Scenic Highway Guildlines https://vdocuments.net/scenic-hwy-guidelines-caltrans-highway-guidelines-general-scenic- highway.html?page=1 Sincerely, Peggy Griffin From:Peggy Griffin To:City Council; Gian Martire Cc:City Clerk Subject:RE: Caltrans Scenic Highways Date:Tuesday, February 7, 2023 9:09:46 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. This is in Appendix A of the second link below: From: Peggy Griffin <griffin@compuserve.com> Sent: Tuesday, February 7, 2023 9:06 PM To: 'City Council' <CityCouncil@cupertino.org>; Gian Martire <GianM@cupertino.org> Cc: 'City Clerk' <CityClerk@cupertino.org> Subject: Caltrans Scenic Highways Dear City Council and Gian, FYI… Scenic Highways - FAQs https://dot.ca.gov/programs/design/lap-landscape-architecture-and-community-livability/lap-liv-i- scenic-highways/lap-liv-i-scenic-highways-faq2 CALTRANS Scenic Highway Guildlines https://vdocuments.net/scenic-hwy-guidelines-caltrans-highway-guidelines-general-scenic- highway.html?page=1 Sincerely, Peggy Griffin From:Kirsten Squarcia To:City Clerk Subject:FW: Item 16. Public storage sign Date:Tuesday, February 7, 2023 9:14:39 PM Begin forwarded message: Kirsten Squarcia​ City Clerk City Manager's Office KirstenS@cupertino.org (408) 777-3225 From: Clint Uyeh <cuyeh100@gmail.com> Date: February 7, 2023 at 8:25:32 PM PST To: Cupertino City Channel <citychannel@cupertino.org> Subject: Item 16. Public storage sign Reply-To: cuyeh100@gmail.com  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. Just my comment but 'Public Storage' from the freeway is already quite visible because I see it everyday and any more would be more "in your face". Sign on the private road would be of better use to the public. -- Clinton Uyehara CC 02-07-2023 Item No. 17 Consider approval of response to 2022 Civil Grand Jury of Santa Clara Report Written Communications From:louise saadati To:City Council; City Clerk; Cupertino City Manager"s Office Subject:Approve Items 15 and 17 for Council Meeting Agenda 2/7/23 Date:Tuesday, February 7, 2023 4:31:29 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 approve Item 15 the Procedures Manual tonight 2/7/23. This has been discussed at length over two meetings for 10 hours item by item. The videos are available for any interested resident. We need this Council Procedures Manual which will facilitate efficient and transparent good governance. Endless talking, off point distractions and theatrical performances ad nauseam are not transparent, efficient nor in the spirit of what is good for the community. Council meetings should be run similar to court proceedings with rules of conduct, talking limited to the topic at hand and longwinded theaterics cut off. Please approve the Procedure Manual tonight. Item 17- Please complete processes and procedures that follow the grand jury findings. Please follow their recommendations. Cupertino is not a rogue city. Self-aggrandising appearing performances done with very repetitive long winded, off topic speeches with misinformation are not impressive nor helpful to the task at hand. Short and to the point facilitates good governance, efficiency and transparency. Thank you for your service, Louise Saadati Sent from my iPhone CC 02-07-2023 Item No. 18 Consider scheduling a study session to refine research scope regarding placing a potential vacancy tax ballot measure in the upcoming election Written Communications