CC 05-04-2021 (Special)
APPROVED MINUTES
CUPERTINO CITY COUNCIL
Tuesday, May 4, 2021
SPECIAL MEETING
At 5:30 p.m. Mayor Darcy Paul called the Special City Council meeting to order. This was a
teleconference meeting with no physical location.
ROLL CALL
Present: Mayor Darcy Paul, Vice Mayor Liang Chao, and Councilmembers Kitty Moore, Hung
Wei, and Jon Robert Willey. Absent: None. All Councilmembers teleconferenced for the
meeting.
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.
Written communications for this item included a staff presentation, Amended
Attachment C – Proposed FY21‐22 CIP Project Table, and emails to Council.
Public Works Director Roger Lee introduced the item and Capital Improvement
Programs Manager Susan Michael gave a presentation.
Councilmembers asked questions and made comments.
Mayor Paul opened the public comment period and the following people spoke.
Peggy Griffin supported a Memorial Park Plan and expediting Lawrence‐Mitty Park
and opposed vehicle charging stations replacing parking spaces at Library/City Hall.
Mayor Paul closed the public comment period.
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Council received the report on projects proposed for Fiscal Year (FY) 21/22 and
provided the following direction:
• Amend Lawrence Mitty project to include recommended design budget. Want
outreach and design to move in parallel as is practical to the annexation process.
Move to category 2 or 3.
• Traffic gardens –Consider using those funds to purchase traffic garden pop ups /
coordinate space with schools.
• Provide Citywide Park Master Plan information relative to Memorial Park to
support proposed work, inform on status of previous park specific plan
ADJOURNMENT
REGULAR MEETING
At 6:46 p.m. Mayor Darcy Paul called the Regular City Council meeting to order. This was a
teleconference meeting with no physical location.
ROLL CALL
Present: Mayor Darcy Paul, Vice Mayor Liang Chao, and Councilmembers Kitty Moore, Hung
Wei, and Jon Robert Willey. Absent: None. All Councilmembers teleconferenced for the
meeting.
In open session, Mayor Paul reported out on the Special Closed Session Meeting held on April
29, 2021:
1. Pursuant to Government Code Section 54956.9(d)(1), conference with Legal Counsel
regarding the following existing litigation:
a. Huang Family v. City of Cupertino, Santa Clara County Superior Court Case No.
19CV347316.
b. City of Cupertino v. Jennifer Chang, Santa Clara County Superior Court Case
No.21CV380291
Council discussed with legal counsel these pending cases for which discussion in open
session would prejudice the City in the litigation.
No reportable action was taken.
Pursuant to Government Code Section 54956.9(d)(4), conference with Legal Counsel
regarding initiation of litigation, (two potential cases):
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Council discussed with legal counsel the potential initiation of litigation for two matters
for which discussion in open session would prejudice the City in the potential litigation.
No reportable action was taken.
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
Public Works Director Roger Lee accepted the proclamation for Public Works Week,
May 16‐22, 2021.
Mayor Paul presented the Proclamation.
2. Subject: Presentation from Midpeninsula Regional Open Space District (ʺMidpenʺ)
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 (ʺMidpenʺ) Board members Yoriko Kishimoto and Pete Siemens for an
introduction to Midpen and to provide an update on activities
Midpeninsula Regional Open Space District (ʺMidpenʺ) Board members Yoriko
Kishimoto and Pete Siemens gave a presentation for an introduction to Midpen and to
provide an update on activities.
Council received the Presentation.
POSTPONEMENTS AND ORDERS OF THE DAY
Wei moved and Willey seconded to reorder the agenda to hear Item No. 14 Consider
approving the updated Athletic Field Use Policy before Item No. 13 Consideration of proposed
Fiscal Year (FY) 2021‐22 Fee Schedule Update. The motion carried unanimously.
ORAL COMMUNICATIONS – None
REPORTS BY COUNCIL AND STAFF (10 minutes)
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3. Subject: Brief reports on councilmember activities and brief announcements
Recommended Action: Receive brief reports on councilmember activities and brief
announcements
Council received 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
City Manager Deborah Feng reported on California’s Blueprint for a Safer Economy tier
assignments, COVID‐19 vaccination information, testing opportunities, and case rates.
Council received the City Manager update on emergency response efforts.
5. Subject: Report on Committee assignments
Recommended Action: Report on Committee assignments
Councilmembers highlighted the activities of their various committees.
CONSENT CALENDAR
Wei moved and Moore seconded to approve the items on the Consent Calendar except for Item
No. 7 which was pulled for discussion. Ayes: Paul, Chao, Moore, Wei, and Willey. Noes: None.
Abstain: None. Absent: None.
6. Subject: Approve the April 12 City Council minutes
Recommended Action: Approve the April 12 City Council minutes
7. Subject: Approve the April 20 City Council minutes
Recommended Action: Approve the April 20 City Council minutes
Written communications for this item included an email from J.R. Fruen requesting his
public comments for Item 10 Density Bonus Ordinance be changed to, “J.R. Fruen
referred to written comments and raised concern that the Ordinance would not meet
HCDʹs definition of ʺincentivizingʺ affordable housing production.”
Paul moved and Moore seconded to make the requested amendment to the Draft
Minutes and bring back a clean version for approval at the next meeting. The motion
carried unanimously.
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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).
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.
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.
SECOND READING OF ORDINANCES
11. Subject: Consider and act on Ordinance No. 21‐2226 ʺAn 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.ʺ Application
No(s).: MCA‐2021‐002; Applicant(s): City of Cupertino; Location: citywide
Recommended Action: Conduct the second reading and enact Ordinance No. 21‐2226,
ʺAn 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,ʺ which includes a finding that adoption of the ordinance is
exempt from the California Environmental Quality Act.
Written communications for this item included an email to Council.
Councilmembers asked questions and made comments.
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Mayor Paul opened the public comment period and, seeing no speakers, closed the
public comment period.
City Clerk Kirsten Squarcia read the title of Ordinance No. 21‐2226, ʺAn 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,ʺ which includes a finding that adoption of the ordinance is exempt from the
California Environmental Quality Act.
Chao moved and Willey seconded to read Ordinance No. 21‐2226 by title only, and that
the City Clerk’s reading constitute the second reading thereof; and to enact the
Ordinance. Ayes: Paul, Chao, Moore, and Willey. Noes: Wei. Abstain: None. Absent:
None.
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.
Assistant to the City Manager Katy Nomura gave a presentation.
Councilmembers asked questions and made comments.
Mayor Paul opened the public hearing and the following people spoke.
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Jennifer Griffin supported ADUs and JADU’s to remain smoke‐free because of the
potential proximity to all property lines.
Mayor Paul closed the public hearing.
City Clerk Kirsten Squarcia read the title 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.
Wei made a friendly amendment to remove JADUs from the regulations. (Moore
declined the friendly amendment and it was not included in the motion).
Chao moved and Wei seconded a substitute motion to remove JADUs from the
regulations. The motion failed with Moore, Willey, and Paul voting no.
Moore moved and Willey seconded to read Ordinance No. 21‐2227 by title only, and
that the City Clerk’s reading constitute the first reading thereof. Ayes: Paul, Moore, and
Willey. Noes: Chao and Wei. None. Abstain: None. Absent: None.
As noted under Postponements and Orders of the Day, Council heard item 14 before Item 13.
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.
Finance Manager Zach Korach gave a presentation.
Councilmembers asked questions and made comments.
Mayor Paul opened the public hearing and the following people spoke.
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George Chong, on behalf of Cupertino Little League, supported reconsidering the field
use fees and related proposed field use policy changes.
Mayor Paul closed the public hearing.
Paul moved and Wei seconded to:
1. Adopt Resolution No. 21‐033 amending FY 2020‐21 Fee Schedule E to add a
community garden fee effective May 5, 2021; and
2. Adopt Resolution No. 21‐034 approving FY 2021‐22 Fee Schedules A, B, C, D, and E
effective July 3, 2021; and
3. Excepting Schedule E for draft field use fees and adopting field use fees as directed
by Council for Item 14 to reduce the field use fee amounts in FY 21‐22 by 50%.
The motion carried with Moore voting no.
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
Written communications for this item included emails to Council.
Jenny Koverman gave a recap of the staff recommendation and discussion points from
the last meeting.
Councilmembers asked questions and made comments.
Moore moved to approve the updated Athletic Field Use Policy with the amendment
to direct staff to conduct a review in one year.
Chao made a friendly amendment to delay the increase of fees by one year. (Moore
declined the friendly amendment and it was not included in the motion).
Wei made a friendly amendment to extend the field‐use times for the two additional
Sundays from 10 a.m. to 2 p.m. to 10 a.m. to 4 p.m. (Moore declined the friendly
amendment and it was not included in the motion).
Moore’s motion did not receive a second and it was not considered.
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Chao moved and Wei seconded to approve the updated Athletic Field Use Policy as
recommended by staff with the amendment to extend the field use times for the two
additional Sundays to 10 a.m. to 4 p.m.
Moore made a friendly amendment to exempt Creekside Park from 10 a.m. to 4 p.m. and
to direct staff to conduct a review of the Policy in one year. (Chao declined the Creekside
Park exemption and accepted a review in one year).
Chao amended her motion to add a limit of ten Sundays for each site (by either
tournaments or individual Sunday field use). (Wei accepted the amendment).
Paul made a friendly amendment for the proposed fees to be phased over two years
with a 50% increase in the first year and 100% increase in the second year. (Chao
accepted the friendly amendment).
Chao moved and Wei seconded to approve the updated Athletic Field Use Policy per the
staff recommendation, as amended.
Amendments:
1. Individual Sunday Field Use allowed from 10 a.m. to 4 p.m.
2. Add a limit of ten Sundays for each site (by either tournaments or individual
Sunday field use)
3. Staff to provide an update to Council in one year
4. Fees to be phased over two years with a 50% increase in the first year and 100%
increase in the second year
The motion carried with Moore voting no.
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.
Mayor Paul opened the public hearing and the following people spoke.
Jennifer Griffin opposed canceling consecutive meetings and supported the ability of
Council to convene for a special meeting, if necessary.
Mayor Paul closed the public hearing.
Paul moved Wei seconded to cancel the July 6 and August 3 meetings. The motion
carried with Moore voting no.
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ORAL COMMUNICATIONS ‐ CONTINUED (As necessary) – None
COUNCIL AND STAFF COMMENTS AND FUTURE AGENDA ITEMS
Council did not hear this item.
ADJOURNMENT
At 9:52 p.m. Mayor Paul adjourned the meeting.
_________________ ___
Kirsten Squarcia, City Clerk