CC 08-17-2021
APPROVED MINUTES
CUPERTINO CITY COUNCIL
Tuesday, August 17, 2021
REGULAR MEETING
At 6:45 p.m. Vice Mayor Liang Chao called the Regular City Council meeting to order. This was
a teleconference meeting with no physical location.
ROLL CALL
Present: Vice Mayor Liang Chao, and Councilmembers Kitty Moore, Hung Wei, and Jon Robert
Willey. Absent: Mayor Darcy Paul. All Councilmembers teleconferenced for the meeting.
CEREMONIAL MATTERS AND PRESENTATIONS
1. Subject: Presentation from the Santa Clara Valley Urban Forestry Alliance on raising
awareness to protect and expand the urban tree canopy for our region
Recommended Action: Receive presentation from the Santa Clara Valley Urban
Forestry Alliance on raising awareness to protect and expand the urban tree canopy for
our region
Written communications for this item included a presentation and an email to Council.
Olivia Rodriguez gave a presentation on behalf of the Santa Clara Valley Urban Forestry
Alliance.
Councilmembers asked questions and made comments.
Vice Mayor Chao opened the public comment period and the following people spoke.
Housing Commissioner Connie Cunningham (representing self) supported the
importance of the urban forest and trees for providing habitat and food for birds.
Jill Halloran supported rich urban tree canopies in cities which serve as bird habitats,
and for traffic calming, ambient temperature reduction, and boosting home values.
City Council Minutes August 17, 2021
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Vice Mayor Chao closed the public comment period.
Council received the presentation from the Santa Clara Valley Urban Forestry Alliance
on raising awareness to protect and expand the urban tree canopy for our region.
2. Subject: Presentation on online resources for the public to participate in the legislative
process
Recommended Action: Receive presentation on online resources for the public to
participate in the legislative process
Written communications for this item included a presentation.
Consultant Casey Elliott with Townsend Public Affairs gave a presentation.
Councilmembers asked questions and made comments.
Vice Mayor Chao opened the public comment period and the following people spoke.
Jennifer Griffin supported the presentation and was concerned about impacts to the
legislative process in the event of the Governor’s recall.
Vice Mayor Chao closed the public comment period.
Council received the presentation on online resources for the public to participate in the
legislative process.
3. Subject: Proclamation Acknowledging Drought Conditions Regarding Local
Water Conservation Efforts.
Recommended Action: Present Proclamation Acknowledging Drought Conditions
Regarding Local Water Conservation Efforts.
Director of Public Works Roger Lee received the proclamation.
Vice Mayor Chao presented the proclamation acknowledging drought conditions
regarding local water conservation efforts.
POSTPONEMENTS AND ORDERS OF THE DAY
City Council Minutes August 17, 2021
Page 3
4. Subject: Consider approval of a Vesting Tentative Map to replace a previously approved
Vesting Tentative Map (TM‐2018‐03) for the Westport Cupertino development project
to create a separate parcel for the age restricted senior below market rate building. City
approval would be a Vesting Tentative Map; (Application No(s): TM‐2021‐002;
Applicant(s): KT Urban (Mark Tersini); Location: 21267 Stevens Creek Boulevard; APN
#326‐27‐042, ‐043 has been continued to September 7, 2021.
Consideration of approval of a Vesting Tentative Map to replace a previously approved
Vesting Tentative Map (TM‐2018‐03) for the Westport Cupertino development project
was continued to September 7, 2021 and will be re‐noticed.
ORAL COMMUNICATIONS
James Apffel supported the upcoming Bloom Energy Stars and Strides Charity Run to support
frontline healthcare workers.
Jennifer Griffin was concerned about legislative housing bills SB9, SB10, and AB1401,
streamlined and ministerial review processes, and loss of local control.
Call‐In User_1 was concerned about an unpermitted structure in her backyard that must be torn
down and would like resolution with the City.
Rhoda Fry was concerned about a County notice of violation against Stevens Creek Quarry and
Lehigh Cement’s new operations of importing materials and selling unwashed rock.
Interim City Manager Greg Larson provided updates on Ms. Fry’s previous concerns regarding
Lehigh.
Peggy Griffin was concerned about a potential General Plan land use designation violation with
the proposed Bateh Brothers residential development project. (Submitted written comments).
Anjali Kausar, on behalf of the Cupertino Chamber of Commerce, supported the upcoming
STAR awards to recognizing people, organizations, and businesses.
Tushar was concerned that Chapter 10.48 of the City’s Noise Control Ordinance doesnʹt factor
distance between commercial and residential properties like other cities.
City Council Minutes August 17, 2021
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Jack Zhang and Rachel Jiang supported the Cupertino Bell Ringing for Peace Ceremony hosted
by Cupertino‐Toyokawa Sister Cities to commemorate 75 years of peace since the bombing of
Hiroshima, Nagasaki, and Toyokawa.
REPORTS BY COUNCIL AND STAFF (10 minutes)
5. 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.
6. Subject: City Manager update on emergency response efforts
Recommended Action: Receive City Manager update on emergency response efforts
Interim City Manager Greg Larson reported on COVID‐19 case counts and averages,
vaccination booster doses and rates, face covering requirements, and available City Hall
services.
7. Subject: Report on Committee assignments
Recommended Action: Report on Committee assignments
Councilmembers highlighted the activities of their various committees.
CONSENT CALENDAR (Items 8‐18)
Willey moved and Moore seconded to approve the items on the Consent Calendar. Ayes: Chao,
Moore, Wei, and Willey. Noes: None. Abstain: None. Absent: Paul.
8. Subject: Approve the July 20 City Council minutes
Recommended Action: Approve the July 20 City Council minutes
9. Subject: Approve the July 22 City Council minutes
Recommended Action: Approve the July 22 City Council minutes
10. Subject: Approve the July 27 City Council minutes
Recommended Action: Approve the July 27 City Council minutes
City Council Minutes August 17, 2021
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11. Subject: Consider Adopting a Resolution of Support for the Annexation of the Lawrence
Expressway and Mitty Avenue Properties and Authorize the City Manager to Submit
Documentation for Annexation.
Recommended Action: 1) Adopt Resolution No. 21‐072 Supporting the Annexation of
Assessor Parcel Numbers (APN) 375‐21‐001 and 375‐22‐001, Located Along the
Westerly Boundary of Lawrence Expressway and Mitty Avenue (Lawrence‐Mitty)
Properties into the City of Cupertino; and
2) Authorize the City Manager to Submit to the Local Agency Formation Commission
of Santa Clara County (LAFCO) Applications for Sphere of Influence (SOI) and
UrbanService Area (USA) Amendments, and Detachment and Annexation of the
Properties, and Execute All Documentation and Take All Steps Necessary to Complete
the Annexation of the Lawrence‐Mitty Properties.
12. Subject: Consider Adoption of a Resolution Accepting the 2021 Santa Clara County
Multi‐Jurisdictional Program for Public Information, a Program Under the Community
Rating System of the Federal Emergency Management Agencyʹs National Flood
Insurance Program.
Recommended Action: Adopt Resolution No. 21‐073 Accepting the 2021 Santa Clara
County Multi‐Jurisdictional Program for Public Information, a Program Under the
Community Rating System of the Federal Emergency Management Agencyʹs National
Flood Insurance Program.
13. Subject: Accept Accounts Payable for the period ending July 5, 2021
Recommended Action: Adopt Resolution No. 21‐074 accepting Accounts Payable for
the period ending July 5, 2021
14. Subject: Accept Accounts Payable for the period ending July 12, 2021
Recommended Action: Adopt Resolution No. 21‐075 accepting Accounts Payable for
the period ending July 12, 2021
15. Subject: Accept Accounts Payable for the period ending July 19, 2021
Recommended Action: Adopt Resolution No. 21‐076 accepting Accounts Payable for
the period ending July 19, 2021
16. Subject: Accept Accounts Payable for the period ending July 26, 2021
Recommended Action: Adopt Resolution No. 21‐077 accepting Accounts Payable for
the period ending July 26, 2021
City Council Minutes August 17, 2021
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17. Subject: Consider approving Resolution No. 21‐XXX and Budget Modification #2122‐
159 increasing Compensated Absences Internal Service Fund appropriations (641‐44‐
420) by $240,000.
Recommended Action: Consider approving Resolution No. 21‐078 and Budget
Modification #2122‐159 increasing Compensated Absences Internal Service Fund
appropriations (641‐44‐420) by $240,000.
18. Subject: Accept Treasurer’s Investment Report for period ending June 30, 2021
Recommended Action: Accept Treasurer’s Investment Report for period ending June
30, 2021
SECOND READING OF ORDINANCES – None
PUBLIC HEARINGS ‐ None
ORDINANCES AND ACTION ITEMS
19. Subject: Consideration of a Professional Services Agreement for Plan Check Services
for the Westport Cupertino Project
Recommended Action: That City Council consider authorizing the City Manager to sign
a Professional Services Agreement with ICCI and NV5 to provide plan check services
for the proposed Westport Cupertino project in the amount not‐to‐exceed
$300,000 and, consider approving Budget Modification #2122‐161 increasing
appropriations by $300,000 and increasing revenues by $461,000 in the Community
Development Department’s Building Division (100‐73‐714)
Written Communications for this item included a staff presentation.
Director of Community Development Ben Fu introduced the item.
Assistant Director of Community Development/Building Official Albert Salvador gave
a presentation.
Councilmembers asked questions and made comments.
Vice Mayor Chao opened the public comment period and the following people spoke.
Peggy Griffin was concerned that the draft contract did not include a scope of work and
only one contract was provided for two different companies.
Vice Mayor Chao closed the public comment period.
City Council Minutes August 17, 2021
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Moore moved and Willey seconded to table and continue consideration of a
Professional Services Agreement for Plan Check Services for the Westport Cupertino
Project item until September 7. The motion carried unanimously with Paul absent.
Council also directed staff to provide additional information requested by
Councilmembers when the item comes back for approval.
20. Subject: Consider modifications to the Procedures for Processing General Plan
Amendment Applications to implement the Fiscal Year 2020/21 City Work Program
items related to quality of life. (Application No. CP‐2020‐003; Applicant: City of
Cupertino; Location: City‐Wide). (Tabled on February 2, 2021).
Recommended Action: That the City Council consider and potentially adopt
Resolution No 21‐079 (Attachment A) to:
1) Find the action exempt from CEQA; and
2) Amend the Procedures for Processing of General Plan Amendment Applications
Written Communications for this item included a staff presentation.
Director of Community Development Ben Fu introduced the item.
Senior Planner Erick Serrano gave a presentation.
Councilmembers asked questions and made comments.
Vice Mayor Chao opened the public comment period and the following people spoke.
Lisa Warren was concerned about using the term “community benefits/amenities” and
supported compiling a prioritized list of items that community members agree on.
Peggy Griffin supported removing “community amenities,” modifications to
“Backgrounds/Goals” and Attachment B Redlines, and detailed postcard mailers.
Jennifer Griffin supported postcard mailers, Planning Commission review, and
reworking “community amenities.”
Vice Mayor Chao closed the public comment period.
City Council Minutes August 17, 2021
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Council consented to table consideration of modifications to the Procedures for
Processing General Plan Amendment Applications to implement the Fiscal Year 2020/21
City Work Program items related to quality of life to a future meeting date; and directed
staff to make further refinements to Council’s direction from February 2, 2021.
21. Subject: Consideration of an Urgency Ordinance of the Cupertino City Council
extending authorization of outdoor operations of qualifying establishments (restaurants,
wineries, breweries, and bars) pursuant to a Special Temporary Outdoor Dining Permit
Recommended Action: 1. Find that the proposed actions are exempt from CEQA; and,
2. Conduct the one and only reading and enact Urgency Ordinance No. 21‐2229: “An
urgency ordinance of the City Council of the City of Cupertino authorizing the outdoor
operations of qualifying establishments (restaurants, wineries, breweries, and bars)
pursuant to a special temporary outdoor dining permit.”
Written Communications for this item included a staff presentation.
Director of Community Development Ben Fu introduced the item.
Associate Planner Jeff Tsumura gave a presentation.
Councilmembers asked questions and made comments.
Vice Mayor Chao opened the public comment period and the following people spoke.
Anjali Kauser, on behalf of the Cupertino Chamber of Commerce, supported approval
of the Urgency Ordinance.
Jennifer Griffin asked about the rules regarding outdoor alcohol service and was
concerned that minors would find a way to obtain alcohol.
Vice Mayor Chao closed the public comment period.
City Clerk Kirsten Squarcia read the title of Ordinance No. 21‐2229: “An urgency
ordinance of the City Council of the City of Cupertino authorizing the outdoor
operations of qualifying establishments (restaurants, wineries, breweries, and bars)
pursuant to a special temporary outdoor dining permit.”
City Council Minutes August 17, 2021
Page 9
Moore moved and Wei seconded to 1. Find that the proposed actions are exempt from
CEQA; 2. That Ordinance No. 21‐2229 be read by title only and that the City Clerk’s
reading constitute the only reading thereof; and 3. That Ordinance No. 21‐2229 be
enacted. Ayes: Moore, Wei, Willey, and Chao Noes: None. Abstain: None. Absent: Paul.
ORAL COMMUNICATIONS ‐ CONTINUED (As necessary) – None
COUNCIL AND STAFF COMMENTS AND FUTURE AGENDA ITEMS
Added a new work program item to review the Parks and Recreation field usage rules for
cricket games and bring back a future update for Council (Wei/Moore).
ADJOURNMENT
At 10:30 p.m., Vice Mayor Chao adjourned the meeting.
_____________________________
Kirsten Squarcia, City Clerk