07-27-2021 Amended Searchable PacketCITY OF CUPERTINO
CITY COUNCIL
AGENDA
10300 Torre Avenue, Conference Room C and this meeting will also be a teleconference
meeting.
Tuesday, July 27, 2021
6:00 PM
Amended Televised Open Session Special Meeting (6:00) and Non-Televised Special Meeting Closed Session
(6:30)
Amended on 7/26/2021 at 2:15 pm to add Open Session Item No. 1, to add Closed Session
Item No. 4, to update In-Person/Teleconference Public Participation Information, to add an
additional Roll Call to the Closed Session, to change the meeting start time, and to change
the Closed Session start time.
IN-PERSON AND 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 an in-person
and a teleconference meeting to help stop the spread of COVID-19.
To comply with emergency health orders by the County of Santa Clara the following
requirements are in effect:
1. Everyone attending in-person checks-in on the Cupertino Screening App. Non-City staff
select “Public” as the reason for visit.
2. Everyone is required to wear face coverings.
Completion of the Screening App questionnaire is voluntary to attend the meeting, and all
persons may attend the meeting via teleconference as described below and/or address the
Council outside of City Hall if they do not wish to complete this screening or comply with
other emergency requirements listed above for attending the meeting in-person.
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
3) Members of the public who completed the check-in on the Cupertino Screening App
may attend the meeting in City Hall, Conference Room C.
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City Council Agenda July 27, 2021
Members of the public wishing to comment on an item on the agenda may do so in the
following ways:
1a) Members of the public who completed the check-in on the Cupertino Screening App
may provide in person oral public comments in Conference Room C at Cupertino City Hall,
10300 Torre Ave, Cupertino, CA 95014. Members of the public who address the City
Council must complete a Speaker Card and may address the Council in Conference Room
C.
OR
1b) Members of the public who decline to complete the check-in on the Cupertino
Screening App may provide in person oral public comments outside of City Hall, 10300
Torre Ave, Cupertino, CA 95014. Members of the public who address the City Council must
complete a Speaker Card and may address the Council outside of the City Hall front
entrance.
2) E-mail comments for open session or closed session by 4:30 p.m. on Tuesday, July 27 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.
3) E-mail comments for open session or closed 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.
4) Teleconferencing Instructions
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.
To address the City Council, click on the link below to register in advance and access the
meeting:
Online Link for Open Session
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City Council Agenda July 27, 2021
Register in advance for this webinar:
https://cityofcupertino.zoom.us/webinar/register/WN_8hYqhUSXTGWQDIQaoEhPfg
Phone
Dial: 669-900-6833 and enter Webinar ID: 918 0304 5582 (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: 918 0304 5582
SIP: 91803045582@zoomcrc.com
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 Link for Closed Session
Please click the link below to join the meeting:
https://cityofcupertino.zoom.us/j/92853304224
Phone
Dial 669-900-6833 and enter Meeting ID: 928 5330 4224 (Type *9 to raise hand to speak)
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. If you wish to make an oral public comment but do not wish to provide your name, you
may say “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. If 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.
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City Council Agenda July 27, 2021
4. When called, please limit your remarks to the time allotted and to 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 6 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, July 27, 2021, commencing at 6:00 p.m in City Hall, Conference Room C,
10300 Torre Avenue, Cupertino, CA 95014. In accordance with Governor Newsom’s
Executive Order No-29-20, this will also 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 - 6:00 PM
OPEN SESSION
ORDINANCES AND ACTION ITEMS
1.Subject: Consider for approval suggested changes to the City Council Agenda review
process and schedule
Recommended Action: Approve changes to the City Council Agenda review process
with the changes to become effective either A) immediately for the August 17, 2021
Council meeting or B) delayed for the September 21, 2021 Council meeting
Staff Report
RECESS
ROLL CALL - 6:30 PM
CLOSED SESSION
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City Council Agenda July 27, 2021
2.Subject: Conference with Legal Counsel - Existing Litigation. Pursuant to Government
Code Section 54956.9(d)(1), conference with Legal Counsel regarding the following
existing litigation:
(a) City of Cupertino v. Jennifer Chang, Santa Clara County Superior Court Case No.
21CV380291
(b) City of Arcata et al. v. Pacific Gas & Electric Co., San Francisco County Superior
Court Case No. CGC-20-585483
3.Subject: Conference with Legal Counsel - Anticipated Litigation. Initiation of litigation
pursuant to Government Code section 54956.9(d)(4) (three potential cases)
4.Subject: Conference with Legal Counsel - Anticipated Litigation. Significant exposure
to litigation pursuant to § 54956.9(d) (one case).
ROLL CALL
OPEN SESSION REPORT REGARDING CLOSED SESSION
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 6 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.
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City Council Agenda July 27, 2021
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.
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CITY OF CUPERTINO
Agenda Item
21-9686 Agenda Date: 7/27/2021
Agenda #: 1.
Subject:Consider for approval suggested changes to the City Council Agenda review process and schedule
Approve changes to the City Council Agenda review process with the changes to become effective either A)
immediately for the August 17, 2021 Council meeting or B) delayed for the September 21, 2021 Council
meeting
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CITY COUNCIL STAFF REPORT
July 27, 2021
Subject
Consider for approval suggested changes to the City Council Agenda review process
and schedule.
Recommended Action
Approve changes to the City Council Agenda review process with the changes to
become effective either A) immediately for the August 17, 2021 Council meeting or B)
delayed for the September 21, 2021 Council meeting.
Background
At the June 1, 2021 City Council meeting, the Council discussed and directed some
mayoral recommended changes to the City Council Agenda Review process and
scheduling to allow Council members to rotate in observation of the Mayor’s agenda
review and approval process. To date, both Vice Mayor Chao and Councilmember
Willey have each observed one of the Mayor’s agenda reviews as previously approved.
Council members Moore and Wei are scheduled to similarly observe the Mayor’s
agenda review and approval process for either the August 17, 2021 or September 7, 2021
Council meetings.
With the appointment of the new interim city manager effective July 14, 2021, the Mayor
and Interim City Manager have discussed more traditional Council agenda review
processes and scheduling for City Council consideration.
Discussion
The existing Council Agenda Review process has served the City well but is an atypical
municipal process that entails considerable staff time, creates potential Brown Act
conflicts for Council members unless carefully monitored, reduces the opportunity for
Councilmembers to raise and obtain responses to Council agenda action items in
advance of the Council meeting, and provides limited opportunities to debrief on prior
Council meetings for the purpose of continuous improvement.
Consequently, a revised Council Agenda Review process is recommended which would
entail the following key features:
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1. Continued mayoral approval of draft and final Council agendas, upon staff
recommendation.
2. Continued submission of future agenda items by the Mayor or two Council
members.
3. New regularly scheduled meetings in the days of the same week immediately
following a regular Council meeting, individually, for the Mayor and each
Council member, with the city manager, city attorney and assistant city manager
for the purposes of A) debriefing that prior Council meeting; B) reviewing the
draft agenda for the next Council meeting; and C) going over any other
constituent or other City business that needs to be discussed.
4. The Council agenda meeting packet will be provided to the City Council and
posted publicly no later than Thursday morning prior to the Council meeting.
5. The Mayor and City Council members may submit questions or information
requests they have after reviewing the agenda packet by Monday morning prior
to the Council meeting (these can be submitted by email to or phone call with the
city manager or city attorney, as appropriate).
6. City staff will typically respond to the Council’s questions and requests for
additional information, as well as provide the draft presentations to Council by
end of day on Monday. These would also be posted on the City’s agenda web
page for public access.
Attached is a sample monthly calendar for a typical month with four Tuesdays. For the
rare months with five Tuesdays or during Council recesses, an extra week would be
inserted prior to the Council meeting agenda packet distribution, with notification to the
Council of any likely changes to the draft agenda.
The advantages of the revised process described above include:
A. More structured feedback from the Mayor and Council on staff preparation
for and performance during Council meetings;
B. Earlier opportunities for the Mayor and Council to request additional
information regarding Council meeting agenda items;
C. Earlier and more consistent provision of responses to Council inquiries, as
well as submission of Council meeting presentations for both Council and
public review; and
D. Decreased staff time in agenda preparation and review meetings.
The recommended revised schedule includes one option (A) for immediate
implementation in time for the August 17, 2021 City Council meeting and another
option (B) for delayed implementation for the September 21, 2021 Council meeting. The
delayed implementation option (B) is provided if the City Council wants to complete at
least one cycle of having each Council member observe the current mayoral agenda
review and approval process, as previously approved on June 1.
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Recommendation
Approve changes to the City Council Agenda review process with the changes to
become effective either A) immediately for the August 17, 2021 Council meeting; or B)
delayed for the September 21, 2021 Council meeting.
Sustainability Impact
No sustainability impact.
Fiscal Impact
No quantifiable savings or costs have been identified, but improved efficiency and
effectiveness are anticipated through decreased staff meeting time and earlier Council
review of draft City Council agendas and Council agenda item question responses and
Council meeting presentations.
_____________________________________
Prepared by: Greg Larson, Interim City Manager
Reviewed by: Mayor Darcy Paul and Chris Jensen, City Attorney
Approved for Submission by: Greg Larson, Interim City Manager
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Attachment
Typical Monthly Council Meeting Agenda Review Process
Week 1:
By Monday morning Council submission of Council meeting agenda item questions
Monday evening Staff submission and public posting of most or all:
Council meeting agenda item presentations, and
Responses to Council inquiries, with available information.
1st Tuesday evening Regularly scheduled Council meeting
Wednesday Mayor meets with City Manager and City Attorney to
A) Debrief the prior Council meeting,
B) Approve the draft agenda for the next Council meeting, and
C) Discuss any other timely City business.
Thursday or Friday Individual meetings with each Council member to
A) Debrief the prior Council meeting,
B) Review the draft agenda for the next Council meeting, and
C) Discuss any other timely City business.
Week 2:
Monday or Tuesday Mayor approves final agenda for public distribution
By Thursday morning Council meeting agenda packet distributed to Council and public
Week 3:
By Monday morning Council submission of Council meeting agenda item questions
Monday evening Staff submission and public posting of most or all:
Council meeting agenda item presentations, and
Responses to Council inquiries, with available information.
3rd Tuesday evening Regularly scheduled Council meeting
Wednesday Mayor meets with City Manager and City Attorney to:
A) Debrief the prior Council meeting,
B) Approve the draft agenda for the next Council meeting, and
C) Discuss any other timely City business.
Thursday or Friday Individual meetings with each Council member to:
A) Debrief the prior Council meeting,
B) Review the draft agenda for the next Council meeting, and
C) Discuss any other timely City business.
Week 4:
Monday or Tuesday Mayor approves final agenda for public distribution
By Thursday morning Council meeting agenda packet distributed to Council and public
(or during Week 5 if applicable)
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CITY OF CUPERTINO
Agenda Item
21-9684 Agenda Date: 7/27/2021
Agenda #: 2.
Subject:Conference with Legal Counsel - Existing Litigation. Pursuant to Government Code Section 54956.9(d)(1),
conference with Legal Counsel regarding the following existing litigation:
(a)City of Cupertino v. Jennifer Chang, Santa Clara County Superior Court Case No. 21CV380291
(b)City of Arcata et al. v. Pacific Gas & Electric Co., San Francisco County Superior Court Case No. CGC-20-
585483
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CITY OF CUPERTINO
Agenda Item
21-9685 Agenda Date: 7/27/2021
Agenda #: 3.
Subject:Conference with Legal Counsel - Anticipated Litigation. Initiation of litigation pursuant to Government Code
section 54956.9(d)(4) (three potential cases)
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CITY OF CUPERTINO
Agenda Item
21-9687 Agenda Date: 7/27/2021
Agenda #: 4.
Subject: Conference with Legal Counsel - Anticipated Litigation.Significant exposure to litigation pursuant
to § 54956.9(d) (one case).
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