CC 05-18-2021 Agenda1
TELECONFERENCE MEETING WITHOUT A PHYSICAL LOCATION
For more information:
(408) 777-3200 │ www.cupertino.org
Tuesday, May 18, 2021
Non-Televised Closed Session (6:00) and
Televised Regular 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 18, 2021
6:00 PM
Non-Televised Closed Session (6:00) and Televised Regular 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 open session 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 for closed or open session by 4:30 p.m. on Tuesday, May 18 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 for closed or open session 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 18, 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 links below to access the closed and open session
meetings:
CLOSED SESSION
Members of the public may provide oral public comments in open session prior to the
closed session teleconference meeting as follows:
To address the City Council, click on the link below to register in advance and access the
meeting:
Online
https://cityofcupertino.zoom.us/j/91078860979
Phone
Dial: 669-900-6833 and enter Meeting ID: 910 7886 0979 (Type *9 to raise hand to speak).
REGULAR MEETING OPEN SESSION
Members of the public may provide oral public comments during the open session
teleconference meeting as follows:
Oral public comments will be accepted during the open session 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
R e g i s t e r i n a d v a n c e f o r t h i s w e b i n a r :
https://cityofcupertino.zoom.us/webinar/register/WN_ujHf5XumRGCVUtEJGKhC1A
Phone
Dial: 669-900-6833 and enter Webinar ID: 989 0152 3034 (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:
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City Council Agenda May 18, 2021
H.323:
162.255.37.11 (US West)
Meeting ID: 989 0152 3034
SIP: 98901523034@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. Prior to the beginning of Closed Session and after Roll Call, members of the public will
have an opportunity to speak. 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 .
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.
ROLL CALL - 6:00 PM
CLOSED SESSION
1.Subject: Public Employee Appointment (Gov’t Code 54957(b)(1)); Title:City Attorney.
RECESS
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City Council Agenda May 18, 2021
OPEN SESSION
PLEDGE OF ALLEGIANCE - 6:45 PM
ROLL CALL
CEREMONIAL MATTERS AND PRESENTATIONS - None
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)
2.Subject: Brief reports on councilmember activities and brief announcements
Recommended Action: Receive brief reports on councilmember activities and brief
announcements
3.Subject: City Manager update on emergency response efforts
Recommended Action: Receive City Manager update on emergency response efforts
4.Subject: Report on Committee assignments
Recommended Action: Report on Committee assignments
CONSENT CALENDAR (Items 5-13)
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.
5.Subject: Approve the April 20 City Council minutes
Recommended Action: Approve the April 20 City Council minutes
A - Draft Minutes
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City Council Agenda May 18, 2021
6.Subject: Approve the April 27 Joint City Council, Planning Commission, and Housing
Commission minutes
Recommended Action: Approve the April 27 Joint City Council, Planning Commission,
and Housing Commission minutes
A - Draft Minutes
7.Subject: Approve the May 4 City Council minutes
Recommended Action: Approve the May 4 City Council minutes
A - Draft Minutes
8.Subject: Approve the May 5 City Council minutes
Recommended Action: Approve the May 5 City Council minutes
A - Draft Minutes
9.Subject: Setting a hearing date of June 15, 2021 to declare brush with potential fire
hazard a public nuisance and for objections to proposed removal through the
Cupertino Brush Abatement Program (Wildland-Urban Interface Fire Area); and
consider adopting a resolution declaring properties as having potential fire hazards
from brush and authorizing removal .
Recommended Action: Adopt Resolution No. 21-036 declaring properties as having
potential fire hazards from brush; and set a hearing date of June 15, 2021 to declare
brush with potential fire hazard a public nuisance and to hear objections to proposed
removal.
Staff Report
A - Draft Resolution
10.Subject: Late submittal of six Teen Commission application letters of recommendation
Recommended Action: Waive late submittal of six Teen Commission application letters
of recommendation and direct staff to accept the applications
Staff Report
A - Adopted Resolution No. 18-019
B –Teen Commission application form
C – Email to letter of recommendation drafter
11.Subject: Award of Design Services Contract for the Stevens Creek Boulevard Class IV
Bikeway - Phase 2 Wolfe Road to Highway 85 Project (Project No. 2021-11)
Recommended Action: Authorize the City Manager to Award a Design Services
Contract with Pakpour Consulting Group in the Amount of $213,863 for the Stevens
Creek Boulevard Class IV Bikeway - Phase 2, Wolfe Road to Highway 85 Project, and
Authorize the Director of Public Works to Execute any Necessary Additional Services,
up to the Contingency Amount of $17,300 for a Total Authorized Contract Amount of
$231,163.
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City Council Agenda May 18, 2021
Staff Report
A - Draft Agreement
12.Subject: Accept Treasurer's Investment Report for period ending March 31, 2021
Recommended Action: Accept Treasurer's Investment Report for period ending March
31, 2021
Staff Report
A - Treasurer's Report 3.31.21
B - Wells Fargo Custodial Statement 3.31.21
C - Wells Fargo Workers' Compensation Statement 3.31.21
D - Wells Fargo Operating Statement 3.31.21
E - Local Agency Investment Fund Statement 3.31.21
13.Subject: Resolution No. 21-037 approving City Investment Policy
Recommended Action: Adopt Resolution No. 21-037 approving City Investment Policy
Staff Report
A - Cupertino Investment Policy (redline)
B - Resolution No. 21-XXX
SECOND READING OF ORDINANCES
14.Subject: Consider and act on 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”
Recommended Action: Conduct the second reading and enact 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 also 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
A - Draft Ordinance to Regulate Smoking
PUBLIC HEARINGS - None
ORDINANCES AND ACTION ITEMS
15.Subject: Proposed amendment to the Professional/Consulting Services Agreement
between the City of Cupertino and HdL ECONSolutions of an additional $40,800 as an
extension of the contract terms and conditions to provide supplemental Economic
Development (ED) staffing services for the City of Cupertino through the fiscal year
ending on June 30, 2021. (Previously heard on April 20)
Recommended Action: Approve the proposed amendment of an additional $40,800 for
economic development staffing services through the fiscal year ending on June 30, 2021.
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City Council Agenda May 18, 2021
Staff Report
A - Proposed Amended Professional and Consulting Services Agreement
B - Economic Development Tasks and Transition Plan
16.Subject: Accept the Third Quarter Financial Report for Fiscal Year 2020-21 and City
Work Program and Key Project Update; consider adopting Resolution 21-038
approving Budget Modification #2021-140 increasing appropriations by $787,279 and
revenues by $9,552,599; consider approving $2,000,000 contribution from the General
Fund to the City’s Section 115 Pension Trust.
Recommended Action: 1. Accept the City Manager’s Third Quarter Financial Report
for FY 2020-21 and City Work Program and Key Project Update and provide any input .
2.Adopt Resolution 21-038 approving Budget Modification #2021-140 increasing
appropriations by $787,279 and revenues by $9,552,599.
3.Approve $2,000,000 contribution from the General Fund to the City’s Section 115
Pension Trust.
Staff Report
A - Draft Resolution
B - Third Quarter Financial Report
C - Third Quarter Budget Adjustment Journal
D - Amended Budget Detail as of March 31, 2021
E - FY 2020-2021 City Work Program Third Quarter Update
STUDY SESSION
17.Subject: Initial Study Session on Fiscal Year (FY) 21-22 Proposed Budget.
Recommended Action: Conduct initial Study Session on Fiscal Year (FY) 21-22
Proposed Budget and provide direction to staff.
A. Table of Contents
B. Introduction
C. Budget Message
D. Budget Guide
E. Community Profile
F. Financial Policies
G. Financial Schedules
H. Council and Commissions
I. Administration
J. Law Enforcement
K. Innovation and Technology
L. Administrative Services
M. Parks and Recreation
N. Community Development
O. Public Works
P. Non-Departmental
Q. Appendix
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City Council Agenda May 18, 2021
18.Subject: Recommendation from the Parks and Recreation Commission to approve
funds in the amount of $92,900 for the Fiscal Year (FY) 2021-22 Community Funding
Grant Program, annual funding for the Cupertino Historical Society in the amount of
$20,000, and approval of final funding amounts for the Community Funding Program,
to be included in the Recommended Budget for FY 2021-22
Recommended Action: Consider the recommendation from the Parks and Recreation
Commission to approve funds in the amount of $92,900 for the FY 2021-22 Community
Funding Grant Program and consider annual funding for the Cupertino Historical
Society in the amount of $20,000. Determine and approve final funding amounts for the
Community Funding Program, to be included in the Recommended Budget for FY
2021-22; and provide direction to staff
Staff Report
A – Community Funding Applications and Preliminary Eligibility Evaluations
B – Commissioner Community Funding Evaluation Form
C – Evaluation Totals and Parks and Recreation Commission Recommendation
D – Community Funding Applications Summary
E - Community Funding Policy
F – Historical Society Grant Application FY 2021-22
G – Historical Society Financial Report (FY 2019-20)
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
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.
Page 8
City Council Agenda May 18, 2021
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 9
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