CC 05-04-2021 Agenda1
TELECONFERENCE MEETING WITHOUT A PHYSICAL LOCATION
For more information:
(408) 777-3200 │ www.cupertino.org
Tuesday, May 4, 2021
Televised Special Meeting Study Session (5:30) and
Regular City Council Meeting (6:45)
AGENDA OF THE
CUPERTINO CITY COUNCIL
CITY COUNCIL
DARCY PAUL, MAYOR
LIANG CHAO, VICE MAYOR
KITTY MOORE, COUNCILMEMBER
HUNG WEI, COUNCILMEMBER
JON ROBERT WILLEY, COUNCILMEMBER
CONDUCT OF BUSINESS
The Mayor is the presiding officer of the City Council. Any member of
the public may speak on any item on the agenda for up to three
minutes. All statements and questions must be addressed to the
Mayor.
City Council hearings serve as a venue for the discussion of sometimes
divergent points of view. Please respect the opinions of others and
refrain from cheering or clapping. That may delay the meeting or
intimidate other persons wishing to express alternate views. Actions
that disrupt the meeting will result in a warning, followed by removal
if disruption continues.
Oral public comments will be accepted during the teleconference
meeting. Comments may be made during “oral communications” for
matters not on the agenda, and during the public comment period for
each agenda item. Identifying yourself is voluntary and not required to
attend the meeting or provide comments.
FLOWCHART FOR HEARING ITEMS:
Mayor introduces
agenda item
Councilmembers report any site
visits or outside communications.
Staff reports and makes
recommendation
Applicant or
Appellant makes
presentation
(up to 10 mins.)
Speakers submit a Request to
Speak card, and are allowed up to
3 minutes per individual. Council
members may ask questions of
speakers.
Mayor invites members of
the public to speak about
the agenda item
Councilmembers ask questions.
For appeals of approvals, the
applicant may respond to
appellants presentation.
City Council
votes on the
agenda item
Council holds initial discussions
and/or a Councilmember makes a
motion and obtains a second.
The City Council then discusses and
deliberates on the motion(s) and
votes.
Mayor closes the
hearing
Councilmembers ask clarifying
questions.
PUBLIC HEARINGS
The City Council is required by law to
hold public hearings on certain matters
prior to making its decision. Notice to
interested parties is given by legal
advertisement in the local newspaper of
general circulation at least 10 calendar
days preceding the hearing date.
Applications requiring public hearings
include change of zoning, variances, use
permits, and tentative maps.
COUNCIL MEETINGS
The City Council regularly meets the first
and third Tuesdays of each month. These
meetings are held at 6:45 p.m. Closed
sessions, when needed, are normally held
at 6:00 p.m. Closed sessions cover items
such as personnel, litigation, or the sale ,
purchase, or lease of property. The law
requires certain actions taken in closed
session to be reported in open session.
Urgent business, holidays, or election
days may trigger special or adjourned
meetings. These meetings will be noticed
beforehand.
AGENDAS, MINUTES, AND PACKETS
AVAILABLE ON THE WEB
Agendas, minutes, and packets for
current and prior City Council and
Planning Commission meetings are
available at www.cupertino.org, or you
can purchase the items on CD.
CITY COUNCIL DECISION IS FINAL
Prior to seeking judicial review of any
adjudicatory (quasi‐judicial) decision,
interested persons must file a petition for
reconsideration within ten calendar days
of the date the City Clerk mails notice of
the City’s decision. Reconsideration
petitions must comply with the
requirements of Cupertino Municipal
Code §2.08.096. Contact the City Clerk’s
office for more information or go to
www.http://www.cupertino.org/index.as
px?page=125 for a reconsideration
petition form.
Mayor Invites
applicant/appellant to
repond to public
CITY OF CUPERTINO
CITY COUNCIL
AGENDA
This will be a teleconference meeting without a physical location .
Tuesday, May 4, 2021
5:30 PM
Televised Special Meeting Study Session (5:30) and Regular City Council Meeting (6:45)
TELECONFERENCE / PUBLIC PARTICIPATION INFORMATION TO HELP STOP THE
SPREAD OF COVID-19
In accordance with Governor Newsom’s Executive Order No-29-20, this will be a
teleconference meeting without a physical location to help stop the spread of COVID-19.
Members of the public wishing to observe the meeting may do so in one of the following
ways:
1) Tune to Comcast Channel 26 and AT&T U-Verse Channel 99 on your TV.
2) The meeting will also be streamed live on and online at www.Cupertino.org/youtube
and www.Cupertino.org/webcast
Members of the public wishing comment on an item on the agenda may do so in the
following ways:
1) E-mail comments by 4:30 p.m. on Tuesday, May 4 to the Council at
citycouncil@cupertino.org. These e-mail comments will also be forwarded to
Councilmembers by the City Clerk’s office before the meeting and posted to the City’s
website after the meeting.
2) E-mail comments during the times for public comment during the meeting to the City
Clerk at cityclerk@cupertino.org. The City Clerk will read the emails into the record, and
display any attachments on the screen, for up to 3 minutes (subject to the Mayor’s
discretion to shorten time for public comments). Members of the public that wish to share a
document must email cityclerk@cupertino.org prior to speaking.
3) Teleconferencing Instructions
Members of the public may provide oral public comments during the teleconference
meeting as follows:
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City Council Agenda May 4, 2021
Oral public comments will be accepted during the teleconference meeting. Comments may
be made during “oral communications” for matters not on the agenda, and during the
public comment period for each agenda item .
To address the City Council, click on the link below to register in advance and access the
meeting:
Online
Register in advance for this webinar:
https://cityofcupertino.zoom.us/webinar/register/WN_4BTh7W2XTmG_92YXzIEvkQ
Phone
Dial: 669-900-6833 and enter Webinar ID: 977 4081 0385 (Type *9 to raise hand to speak, *6 to
unmute yourself). Unregistered participants will be called on by the last four digits of their
phone number.
Or an H.323/SIP room system:
H.323:
162.255.37.11 (US West)
Meeting ID: 977 4081 0385
SIP: 97740810385@zoomcrc.com
After registering, you will receive a confirmation email containing information about
joining the webinar.
Please read the following instructions carefully:
1. You can directly download the teleconference software or connect to the meeting in your
internet browser. If you are using your browser, make sure you are using a current and
up-to-date browser: Chrome 30+, Firefox 27+, Microsoft Edge 12+, Safari 7+. Certain
functionality may be disabled in older browsers, including Internet Explorer .
2. You will be asked to enter an email address and a name, followed by an email with
instructions on how to connect to the meeting. Your email address will not be disclosed to
the public. If you wish to make an oral public comment but do not wish to provide your
name, you may enter “Cupertino Resident” or similar designation.
3. When the Mayor calls for the item on which you wish to speak, click on “raise hand,” or,
if you are calling in, press *9. Speakers will be notified shortly before they are called to
speak.
4. When called, please limit your remarks to the time allotted and the specific agenda topic .
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City Council Agenda May 4, 2021
In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to
attend this teleconference City Council meeting who is visually or hearing impaired or has
any disability that needs special assistance should call the City Clerk's Office at
408-777-3223, at least 48 hours in advance of the Council meeting to arrange for assistance .
In addition, upon request, in advance, by a person with a disability, City Council meeting
agendas and writings distributed for the meeting that are public records will be made
available in the appropriate alternative format.
NOTICE AND CALL FOR A SPECIAL MEETING OF THE CUPERTINO CITY COUNCIL
NOTICE IS HEREBY GIVEN that a special meeting of the Cupertino City Council is hereby
called for Tuesday, May 04, 2021, commencing at 5:30 p.m. In accordance with Governor
Newsom’s Executive Order No-29-20, this will be a teleconference meeting without a
physical location. Said special meeting shall be for the purpose of conducting business on
the subject matters listed below under the heading, “Special Meeting."
SPECIAL MEETING
ROLL CALL - 5:30 PM
STUDY SESSION
1.Subject: Study Session on the Capital Improvement Programs (CIP): Review of Projects
Proposed for Fiscal Year (FY) 21/22.
Recommended Action: Receive the Report on Projects Proposed for FY 21-22 and
Provide Comments.
Staff Report
A - Proposed FY21-22 CIP Projects
B - Proposed FY21-22 CIP Project Narratives
C - Proposed Existing FY21-22 CIP Project Table
ADJOURNMENT
REGULAR MEETING
PLEDGE OF ALLEGIANCE - 6:45 PM
ROLL CALL
CEREMONIAL MATTERS AND PRESENTATIONS
1.Subject: Proclamation for Public Works Week, May 16-22, 2021
Recommended Action: Present Proclamation for Public Works Week, May 16-22, 2021
A - Proclamation
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City Council Agenda May 4, 2021
2.Subject: Presentation from Midpeninsula Regional Open Space District ("Midpen")
Board members Yoriko Kishimoto and Pete Siemens for an introduction to Midpen and
to provide an update on activities
Recommended Action: Receive presentation from Midpeninsula Regional Open Space
District ("Midpen") Board members Yoriko Kishimoto and Pete Siemens for an
introduction to Midpen and to provide an update on activities
POSTPONEMENTS AND ORDERS OF THE DAY
ORAL COMMUNICATIONS
This portion of the meeting is reserved for persons wishing to address the Council on any matter within
the jurisdiction of the Council and not on the agenda. The total time for Oral Communications will
ordinarily be limited to one hour. Individual speakers are limited to three (3) minutes. As necessary, the
Chair may further limit the time allowed to individual speakers, or reschedule remaining comments to
the end of the meeting on a first come first heard basis, with priority given to students. In most cases,
State law will prohibit the Council from discussing or making any decisions with respect to a matter
not listed on the agenda. A councilmember may, however, briefly respond to statements made or
questions posed by speakers. A councilmember may also ask a question for clarification, provide a
reference for factual information, request staff to report back concerning a matter, or request that an
item be added to a future City Council agenda in response to public comment .
REPORTS BY COUNCIL AND STAFF (10 minutes)
3.Subject: Brief reports on councilmember activities and brief announcements
Recommended Action: Receive brief reports on councilmember activities and brief
announcements
4.Subject: City Manager update on emergency response efforts
Recommended Action: Receive City Manager update on emergency response efforts
5.Subject: Report on Committee assignments
Recommended Action: Report on Committee assignments
CONSENT CALENDAR
Unless there are separate discussions and/or actions requested by council, staff or a member of the
public, it is requested that items under the Consent Calendar be acted on simultaneously.
6.Subject: Approve the April 12 City Council minutes
Recommended Action: Approve the April 12 City Council minutes
A - Draft Minutes
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City Council Agenda May 4, 2021
7.Subject: Approve the April 20 City Council minutes
Recommended Action: Approve the April 20 City Council minutes
A - Draft Minutes
8.Subject: Consider Authorizing the City Manager to Execute a Lease Agreement with
the Library Joint Powers Authority of Santa Clara County for the Cupertino Library
Located at 10800 Torre Avenue, Cupertino, Ca 95014.
Recommended Action: Authorize the City Manager to Execute a Lease Agreement
with the Library Joint Powers Authority of Santa Clara County for the Cupertino
Library Located at 10800 Torre Avenue, Cupertino, CA 95014, for a 25-year Term
Starting January 1, 2019. (Attachment A).
Staff Report
A - Draft Library Lease Agreement for Cupertino Library
B - 1996 Library Lease Agreement
9.Subject: Consider Fiscal Year 2021-22 projects proposed to receive $1,170,317 in
funding from the Road Maintenance and Rehabilitation Account (RMRA), created by
Senate Bill 1 (SB 1).
Recommended Action: Adopt Resolution No. 21-024 establishing a list of projects
proposed to be funded by $1,170,317 of RMRA (SB1) revenues, estimated to be received
in FY 2021-22.
Staff Report
A - Draft Resolution
10.Subject: Consideration of Resolution, allowing the City of Cupertino to accept $177,952
in per capita grant funds from the State of California, to be used for the implementation
of a full-size outdoor basketball court.
Recommended Action: Adopt Resolution No. 21-035, allowing the City of Cupertino to
enter into a contract(s) with the State of California to accept $177,952 in per capita grant
funds under Proposition 68, to be used for the implementation of a full-size outdoor
basketball court.
Staff Report
A - Draft Resolution
SECOND READING OF ORDINANCES
11.Subject: Consider and act on Ordinance No. 21-2226 "An Ordinance of the City Council
of the City of Cupertino to adopt changes to Chapter 19.56, Density Bonus, of the
Cupertino Municipal Code to allow increased density bonuses for projects providing
higher percentages of affordable units in a housing development project." Application
No(s).: MCA-2021-002; Applicant(s): City of Cupertino; Location: citywide
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City Council Agenda May 4, 2021
Recommended Action: Conduct the second reading and enact Ordinance No. 21-2226,
"An Ordinance of the City Council of the City of Cupertino to adopt changes to Chapter
19.56, Density Bonus, of the Cupertino Municipal Code to allow increased density
bonuses for projects providing higher percentages of affordable units in a housing
development project," which includes a finding that adoption of the ordinance is
exempt from the California Environmental Quality Act.
A - Draft Ordinance No. 21-2226
PUBLIC HEARINGS
12.Subject: Consideration of Municipal Code Amendments to the Cupertino Municipal
Code, Chapter 10.90, expanding existing policies to reduce exposure to secondhand
smoke, including in multi-unit housing, entryways, public events, service areas, and
outdoor worksites. (Postponed from April 20)
Recommended Action: 1.Reintroduce with amendments and conduct the first reading
of Ordinance No. 21-2227: “An Ordinance of the City Council of the City of Cupertino
amending City Code Chapter 10.90 of Title 10 (Public Peace, Safety, and Morals) to
prohibit smoking in multi-unit housing and certain outdoor areas,” which adds setback
requirements for designated smoking areas and includes detached ADUs and JADUs in
the regulations, and which includes a finding that the Ordinance is exempt from CEQA;
or
2.Conduct the second reading and enact Ordinance No. 21-2224 “An Ordinance of the
City Council of the City of Cupertino amending City Code Chapter 10.90 of Title 10
(Public Peace, Safety, and Morals) to prohibit smoking in multi-unit housing and
certain outdoor areas,” which includes a finding that the Ordinance is exempt from
CEQA.
Staff Report
A - Draft Ordinance 21-2224 to Regulate Smoking (First Reading Approved on 3/2/21) Clean
B - Draft Ordinance 21-2224 to Regulate Smoking (First Reading Approved on 3.2.21) Redline
C - Revised Draft Ordinance to Regulate Smoking Clean
D - Revised Draft Ordinance to Regulate Smoking Redline
E - March 2, 2021 Staff Report
F - Tobacco Free Communities Policies in Santa Clara County
13.Subject: Consideration of proposed Fiscal Year (FY) 2021-22 Fee Schedule Update.
(Postponed from April 20)
Recommended Action: Consider proposed Fiscal Year (FY) 2021-22 Fee Schedule
Update.
1.Adopt Resolution No. 21-033 amending FY 2020-21 Fee Schedule E to add a
community garden fee effective May 5, 2021.
2.Adopt Resolution No. 21-034 approving FY 2021-22 Fee Schedules A, B, C, D, and E
effective July 3, 2021.
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City Council Agenda May 4, 2021
Staff Report
A. FY2021-22 Fee Schedule A - General Fees (redline)
B. FY2021-22 Fee Schedule B - Engineering Fees (redline)
C. FY2021-22 Fee Schedule C - Planning Fees (redline)
D. FY2021-22 Fee Schedule D - Building Fees (redline)
E. FY2021-22 Fee Schedule E - Recreation (redline)
F. FY2021-22 Fee Schedule A - General Fees (clean)
G. FY2021-22 Fee Schedule B - Engineering Fees (clean)
H. FY2021-22 Fee Schedule C - Planning Fees (clean)
I. FY2021-22 Fee Schedule D - Building Fees (clean)
J. FY2021-22 Fee Schedule E - Recreation (clean)
K. FY2020-21 Fee Schedule E - Recreation (redline)
L. FY2020-21 Fee Schedule E - Recreation (clean)
M. Community Garden Fee Calculator
N. Field Use Fees and Comparison
O. Senior Center Membership Comparison
P. User Fee Study 2016
Q. Draft Resolution amending FY 20-21 Fee Schedule E
R. Draft Resolution approving FY 21-22 Fee Schedule A, B, C, D, & E
ORDINANCES AND ACTION ITEMS
14.Subject: Consider approving the updated Athletic Field Use Policy. (Continued from
April 20. The public comment has been closed and remains closed).
Recommended Action: Approve the updated Athletic Field Use Policy and provide
any input
Staff Report
A - Proposed City of Cupertino Athletic Field Use Policy
B - Sunday Field Use and Annual Field Closure Survey Results
C - Comparison of Other Cities
D - Fee Comparison and Cost Recovery Chart
E - Current City of Cupertino Athletic Field Use Policy
F - Policy Comparison Chart
15.Subject: Consideration of a City Council summer recess and cancellation of meeting(s).
Recommended Action: Consider a City Council summer recess and cancel suggested
July 6 and/or August 3 meeting(s) or provide direction to staff.
Staff Report
A – Council Upcoming Draft Agenda Items
ORAL COMMUNICATIONS - CONTINUED (As necessary)
COUNCIL AND STAFF COMMENTS AND FUTURE AGENDA ITEMS
ADJOURNMENT
The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6; litigation
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City Council Agenda May 4, 2021
challenging a final decision of the City Council must be brought within 90 days after a decision is
announced unless a shorter time is required by State or Federal law.
Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must
file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the
City’s decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal
Code §2.08.096. Contact the City Clerk’s office for more information or go to
http://www.cupertino.org/cityclerk for a reconsideration petition form.
In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend this
teleconference meeting who is visually or hearing impaired or has any disability that needs special
assistance should call the City Clerk's Office at 408-777-3223, at least 48 hours in advance of the
meeting to arrange for assistance. In addition, upon request, in advance, by a person with a disability,
meeting agendas and writings distributed for the meeting that are public records will be made available
in the appropriate alternative format.
Any writings or documents provided to a majority of the Cupertino City Council after publication of
the packet will be made available for public inspection in the City Clerk’s Office located at City Hall,
10300 Torre Avenue, during normal business hours and in Council packet archives linked from the
agenda/minutes page on the Cupertino web site.
IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipal Code 2.08.100
written communications sent to the Cupertino City Council, Commissioners or City staff concerning a
matter on the agenda are included as supplemental material to the agendized item. These written
communications are accessible to the public through the City’s website and kept in packet archives. You
are hereby admonished not to include any personal or private information in written communications to
the City that you do not wish to make public; doing so shall constitute a waiver of any privacy rights
you may have on the information provided to the City .
Page 8
THE CITY COUNCIL AND STAFF
CITY COUNCIL
Cupertino is a General Law city organized under and subject to statutes of the State of California. It is governed by
the five‐member City Council with the Mayor as the presiding officer. City Council members are elected at‐large to
four‐year, overlapping terms. Each November a mayor and a vice‐mayor are selected by the City Council for a one‐
year term.
The City Council receives advice and assistance from eleven advisory bodies, which are appointed by the Council.
These are the Audit Committee, Bicycle Pedestrian Commission, Fine Arts Commission, Housing Commission,
Library Commission, Parks and Recreation Commission, Planning Commission, Public Safety Commission,
Sustainability Commission, Teen Commission, and Technology, Information, and Communications Commission.
Council members also serve on a variety of regional bodies, including:
∙ Association of Bay Area Governments
∙ League of California Cities
∙ Santa Clara County (SCC)Cities Association
∙ SCC Emergency Preparedness Council
∙ SCC Library District
∙ SCC Emergency Preparedness Commission
∙ Santa Clara Valley Water Commission and Water District
∙ SCC Transportation Authoritym
∙ West Valley Mayors and Managers
STAFF
The City Manager and the City Attorney are appointed by the Council. The City Manager is responsible for
interpreting and carrying out Council policies and direction, and as the chief administrative officer, the City Manager
coordinates the many activities of the city and appoints the professional and technical staff. The City Attorney is the
advisor to the City Council as a whole.
TYPES OF COUNCIL ACTIONS
ORDINANCES
Ordinances are the means by which the City enacts its local laws. Unless an urgent situation exists, ordinances will
first be presented at a Council meeting as a “first reading." At a subsequent Council meeting, there will be a “second
reading and adoption." Ordinances go into effect after a waiting period of thirty days, in most cases, during which
time the summary of the ordinance is published in a local newspaper approved for this purpose.
RESOLUTIONS
Resolutions and minute orders are the means by which the City Council formally adopts policies or approves specific
actions. These go into effect when adopted.
APPEALS
Any interested person, including a Council member, may appeal a Planning Commission or Director of Community
Development decision to the City Council. An appeal must be submitted in writing to the City Clerk within 14
calendar days of the mailing of the notice of the decision.
RECONSIDERATION
Prior to seeking judicial review of any adjudicatory (quasi‐judicial) decision, interested persons must file a petition
for reconsideration within ten calendar days of the date the City Clerk mails notice of the City’s decision.
Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the
City Clerk’s office for more information or go to www.http://www.cupertino.org/index.aspx?page=125 for a
reconsideration petition form.
COMMUNICATING WITH COUNCIL
(408) 777‐3195
(408) 777‐3192
(408) 777‐1398
(408) 777‐3139
(408) 777‐3193
(408)777‐8204
All Council members:
Darcy Paul
Liang Chao
Kitty Moore
Hung Wei
Jon Robert Willey
Executive Assistant
City Hall
citycouncil@cupertino.org
DPaul@cupertino.org
LiangChao@cupertino.org
Kmoore@cupertino.org
HWei@cupertino.org
JWilley@cupertino.org
AshleyS@cupertino.org
www.cupertino.org (408) 777‐CITY
Please note: the City Council discourages submission of written materials on the day of the meeting as this does not
provide enough time to give the materials fair evaluation. If you must provide written materials on the day of the
meeting, as least one copy must be given to the City Clerk for the permanent record, and ten copies are preferred.
NEWS AND NOTICES FROM CITY HALL
EMAIL
Sign up for e‐notification of agendas, elections, and other news on the city website at www.cupertino.org/notify
TELEVISION
The City Channel broadcasts City Council and Planning Commission meetings , as well as agenda previews, public
service announcements, and other programs of community interest, on Channel 26 in Cupertino. The meetings
are shown at these times:
Tuesday (live) 6:45 p.m. Friday (replay) 10:00 a.m.
Thursday (replay) 7:00 p.m. Saturday (replay) 9:00 a.m.
INTERNET
City Council and Planning Commission videos are available on demand at www.cupertino.org. Select "I Want
To, View City Council meetings".
News and community information can also be found at:
https://www.facebook.com/cityofcupertino/
https://twitter.com/CityofCupertino
https://www.instagram.com/cityofcupertino
AUDIO
Tune into Radio Cupertino, 1670 AM, for meeting announcements, public service messages,and emergency
announcements.
USEFUL TELEPHONE NUMBERS
City of Cupertino (City Hall) General Information and Comments (408) 777‐CITY
Fire (Emergency) Santa Clara County Fire Dept. dispatch 911
Fire (Non‐Emergency ) Santa Clara County Fire Dept.(408)378‐4010
Garbage Recology South Bay (408) 725‐4020
Gas & Electricity Pacific Gas & Electric (PG&E) 1‐800‐743‐5000
Recreation & Community Quinlan Community Center (408) 777‐3120
Services
Police (Emergency)Santa Clara County Sheriff dispatch 911
Police (Non‐Emergency) Santa Clara County Sheriff (408) 868‐6600
Public Health Santa Clara County Public Health (408) 732‐3720
Sanitary Sewers Cupertino Sanitary District (408) 253‐7071
Water San Jose Water (408) 279‐7900
California Water (650) 917‐0152