CC 02-16-2021 Late Written CommunicationsCC 02-16-21
02-09-2021 Closed
Session Report Out
Statement
Written Comments
Statement Regarding Search for In-House City Attorney
Two years ago, the City Council of the City of Cupertino decided to hire a law firm to provide
City Attorney services on a short-term, contract basis after being served by an in-house City
Attorney Office for more than sixty years. At that time, the City Attorney’s Office was staffed by
one deputy city attorney serving as an interim city attorney. The City conducted a competitive
search and hired Shute, Mihaly & Weinberger, LLP to provide general and special city attorney
services, with Heather Minner appointed as the lead from Shute Mihaly as City Attorney.
Heather and her team at Shute Mihaly have accomplished much in the last two years,
reestablishing important legal review procedures at the City and assisting staff in accomplishing
Council’s goals while navigating complex statutory environments.
With legal services running smoothly again, last fall the Council began a review of the structure
and economic efficiency of current contract City Attorney services. The City Council believes
that Councilmembers and City Staff having full, direct and open access to the City Attorney is a
necessary and important part of good governance. It also believes that this has been challenging
to achieve economically under a contract City Attorney model, as compared to the in-house City
Attorney model. Accordingly, the City will now begin the recruitment process for a full time, in-
house City Attorney.
“I am proud of all that the City has achieved in the last two years and am grateful that my firm
has been able to support the City in its efforts. We will continue to provide legal services to the
City during any transition period and look forward to supporting the City into the future on
special projects as needed,” said City Attorney Heather Minner. Mayor Darcy Paul thanked
Heather and her firm for their service, “Shute Mihaly provided excellent special counsel services
to the City for many years before we brought them on as contract City Attorney and we expect to
continue a strong relationship with the firm going forward. Heather Minner has done a great job
representing Shute Mihaly as City Attorney, and I look forward to seeing her continue to thrive
in the municipal law field.”
The City’s search for an in-house City Attorney will be conducted over the upcoming months.
CC 02-16-21
Oral
Communications
Written Comments
1
Lauren Sapudar
From:Alexander Espinosa Pieb <alexander.pieb@gmail.com>
Sent:Saturday, February 13, 2021 12:24 PM
To:City Council
Subject:Plesae Protect the Birds
Follow Up Flag:Follow up
Flag Status:Flagged
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the
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Dear Mayor, Vice Mayor, and Councilmembers,
I support Cupertino’s plan to protect birds and the environment with a Bird Safe and Dark Skies Ordinance. Hundreds of
millions of birds are killed every year. We have lost 30% of the bird population in the US since 1970. Glass and lighting
are a deadly combination.
Birds cannot fix this for themselves. People must stop the losses. Thank you for your work on this critical legislation.
Alexander Espinosa Pieb
Cupertino Resident
1
Lauren Sapudar
From:Connie Cunningham <cunninghamconniel@gmail.com>
Sent:Saturday, February 13, 2021 7:30 PM
To:City Council
Subject:Bird-safe Design and Dark Skies Ordinance
Follow Up Flag:Follow up
Flag Status:Flagged
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sender and know the content is safe.
Subject: Bird‐safe Design and Dark Skies Ordinance
Dear Mayor, Vice‐mayor, and Councilmembers,
Happy Lunar New Year!
I support Cupertino’s plan to protect birds and the environment with a Bird‐safe Design and
Dark Skies Ordinance. Hundreds of millions of birds are killed every year. We have lost 30% of
the bird population in the US since 1970. Glass and lighting are a deadly combination.
Birds cannot fix this for themselves. People must stop the losses. Thank you for putting
this important work on the City Work Program.
I urge you to approve this critical ordinance when it comes forward for your review on March
16, 2021.
Stay well,
Connie Cunningham
I have lived in Cupertino over 33 years.
I have been a member of Audubon for over a decade.
1
Lauren Sapudar
From:Connie Cunningham <cunninghamconniel@gmail.com>
Sent:Tuesday, February 16, 2021 7:44 PM
To:City Council
Subject:Copy of my remarks with LINK from Oral Communications
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Feb 2, 2021 Oral Communications
Good evening Mayor, Vice Mayor and Council Members,
Thank you for this time to speak.
Happy Lunar New Year!
I am speaking tonight to describe to the Council and the many viewers on line how many migrating birds pass through or
winter here in Cupertino. There are many migrating birds, including the American Robin, Cedar Waxwing, Golden‐crowned
Sparrow, Ruby‐Crowned Kinglet, Western Tanager, White‐crowned Sparrow, Yellow‐rumped Warbler, and the Hooded
Oriole. Please note that birds migrate at night. Understanding this fact makes it clear why Dark Skies standards are critical.
All these birds travel long distances, arriving at their destinations tired, in need of a place to rest, food to eat, and
water. Cities need to offer them safe passage. To that end, limiting reflective glass and clear glass that birds cannot see is,
also, critical.
I will show photographs and migration patterns for two birds: Golden‐crowned Sparrow and Ruby‐crowned Kinglet
1. Golden‐crowned Sparrow ‐‐ 7 inches long and flies 2,572 mi Distance from Nome, Alaska, to Cupertino
Golden Crowned Sparrow migration link
https://ebird.org/science/status-and-trends/gocspa/abundance-map-weekly
Golden-crowned Sparrow, found only in far western area of North America.
Breeds in Alaska then, in winter, flies to California,
I see them every year in my neighborhood
*******
2. Ruby‐crowned Kinglet, 4 inches long (hummingbird) and Breeds, also, in Alaska to Canada
Then, also, flies south thru the US including, Cupertino, and to Mexico.
Ruby‐crowned Kinglet migration link
https://ebird.org/science/status-and-trends/ruckin/abundance-map-weekly
Widespread throughout the US; Breeds in Alaska, in Canada and in US mountains;
Winters in the west, the south, and in Mexico.
2
One of my favorite photos in my personal collection is this Ruby-crowned Kinglet.
I want our grandchildren to be able to see these birds!
Collisions with glass occur wherever birds are active.
Migratory and young birds are more vulnerable. They are unfamiliar with the area.
Glass and lighting are a deadly combination.
Cupertino’s leadership to protect birds and the environment with a Bird Safe-Dark Skies Ordinance is desperately
needed.
We have lost 30% of the bird population in the US since 1970. Birds cannot fix this for themselves. People must stop the
losses.
Thank you, City Council, for your work on this critical ordinance.
I urge you to approve the Bird‐safety Design and Dark Skies Ordinance when it comes to Council.
Sincerely,
Connie Cunningham
Lived here 34 years and Audubon Society Member for a decade.
Tuesday, February 16, 2021
Cupertino City Council
Mr Mayor and City Council Members: My name is John Ennals and I am a
Cupertino home owner living in the Oakdell Ranch neighborhood, on the
banks of Stevens Creek. I am accompanied tonight by Dan Marshall, a
fellow neighbor who shares my desire for the council to act.
I am already impacted by Climate Change: my flood insurance policy
premium has risen significantly this year, and my fire insurance was
recently cancelled by Nationwide. Yes, cancelled. My agent has spent the
last two weeks unsuccessfully looking for a replacement, but has warned
me the price could increase by a factor of Five.
-I am encouraged that Cupertino has a Climate Action Plan, and indeed a
Sustainability Commission and staff.
-I am also pleased that our City of Cupertino passed Resolution No.
18-094 on September 18, 2018, declaring a climate emergency and calling
on the State of California, the United States, and all governments
worldwide to initiate an emergency mobilization effort to mitigate
climate change, stop rising greenhouse gas emissions, and immediately
initiate an effort to safely draw down carbon from the atmosphere.
-However, we are here tonight to request you sign an endorsement
regarding how the nation can address the climate change emergency
you have identified. We, as a nation, are woefully behind on responding
to this emergency declaration. I am sure you will agree that the best
efforts of the Sustainability Commission and staff in promoting low
carbon practices, by the city and its residents, are not going to solve the
problem without some help from the wider government.
1
Tuesday, February 16, 2021
-This endorsement will direct our government representatives to favor
solutions that promote puYing a price on carbon. We will continue to be
a leader in joining a number of other local governmental bodies offering
similar recommendations.
Why do I believe this action is necessary?
I believe a sustained effort is necessary to effectively address climate
change. Legislation that puts a price on carbon generates market forces
that are more durable and less likely to be reversed under different party
leadership of our country.
Market forces can produce effects far faster than regulation, and we have
liYle time to act. They will spur actions and innovations that we may not
have though of. Business is much more open to market actions than
regulation, as demonstrated by the US Chamber of Commerce recent
support for carbon pricing.
Why does Cupertino City Council need to address this issue?
The voice of a city is many times more effective than the voice of individual
citizens. Several bills to address climate change were introduced in the last
congress, and we expect a reintroduction of those bills in the near future.
Giving direction to our representatives in support of appropriate
legislation is very useful to them in making their decisions.
The exact wording of the our proposed endorsement is contained in
resident Dan Marshall's presentation which follows mine.
Thank you for your aYention.
2
URGENT REGARDING CELL TOWERS – PLEASE!
1 – Create a 100’ setback between ANY antenna installation and
residences.
2 – Require 5G antennas to be 500’ apart from ANY OTHER antenna.
DO NOT restrict it to the same carrier!
3 – Only grant limited time, 3-5 yr provisional permits.
4 – Location of proposed sites – put them on city website.
Current isolated notifications is a tactic!
Does the City know how/what Verizon is doing to address concerns?
There’s no public record of any interaction!
CC 02-16-21
Study Session #1
Mixed-Use
Developments/High
Density Residential
Guidelines
Written Comments
1
Lauren Sapudar
From:Lisa Warren <la-warren@att.net>
Sent:Tuesday, February 16, 2021 6:32 PM
To:Kirsten Squarcia; City Council; Deborah L. Feng
Cc:Piu Ghosh; Benjamin Fu
Subject:2017 letter from Cupertino to San Jose re Stevens Creek urban Village Draft Plan
Attachments:Letter from Cupertino to San Jose May 18 2017 - 2nd one re Urban Village.pdf
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Hello All,
Attached is the letter I referenced in tonight's study session - Feb 16/2021
Also, please remember that SJ Urban Village plans were 'adopted' prior to State laws
that may/will allow for 'above and beyond' (so to speak)
Lisa Warren
In Cupertino, “MIXED USE” is really “MIXED USELESS”
Consider studying what designs actually work
GROUND FLOOR COMMERCIAL – consider
Specifying a MIN and MAX FAR
Why have a MAX DEPTH of 60’?
o Does this limits/prevents grocery stores, big
department stores, office supplies, etc.
Los Gatos style use
CC 02-16-21
#16
Use Permit
Modification (M-
2020-002)
Written Comments
1
Lauren Sapudar
From:Kirsten Squarcia
Sent:Tuesday, February 16, 2021 9:06 PM
To:City Clerk
Subject:FW: M-2020-002 Catherine Che
Written comm for item #16
Kirsten Squarcia
City Clerk
City Manager's Office
KirstenS@cupertino.org
(408) 777-3225
From: catherine chen <catherinechen01@gmail.com>
Sent: Tuesday, February 16, 2021 3:48 PM
To: City Clerk <CityClerk@cupertino.org>
Cc: catherinechen01@gmail.com
Subject: Re: M‐2020‐002 Catherine Che
2
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Due to my case is item #16, I’ll be at home using my IPad (not my State Farm email).
Will you please show this one for me (Catherine Chen) 20130 Stevens Creek Blvd., Cupertino, CA?
Thanks.
Catherine Chen
Sent from my iPad
CC 02-16-21
#17
Municode
Amendment,
Transportation
Analysis
Written Comments
1
Lauren Sapudar
From:Jenny Griffin <grenna5000@yahoo.com>
Sent:Tuesday, February 16, 2021 9:49 PM
To:City Council
Subject:Los
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Dear city council,
I am very concerned that the public has to keep fighting to understand the nomenclature Of these housing bill changes. I
think the public should be able to keep understanding What these changes are trying do. I am not convinced that vmt is
better than los.
Thank you,
Jennifer griffin