CC 10-19-2021
APPROVED MINUTES
CUPERTINO CITY COUNCIL
Tuesday, October 19, 2021
At 6:45 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.
CEREMONIAL MATTERS AND PRESENTATIONS
1. Subject: Proclamation recognizing October 19 as Boris Stanley Day in Cupertino
Recommended Action: Present proclamation recognizing October 19 as Boris Stanley
Day in Cupertino
Boris Stanley received the proclamation and a plaque.
Mayor Paul opened the public comment period and the following people spoke.
Jennifer Griffin supported the proclamation honoring Boris Stanley.
Mayor Paul closed the public comment period.
Mayor Paul presented the proclamation recognizing October 19 as Boris Stanley Day in
Cupertino.
2. Subject: Presentation of 2021 Helen Putnam Award for Excellence by the League of
California Cities
Recommended Action: Receive 2021 Helen Putnam Award for Excellence Programʹs
Ruth Vreeland Award for Excellence in Engaging Youth in City Government for ʺPizza
and Politicsʺ program
Seth Miller, Regional Public Affairs Manager, Peninsula Division for the League of
California Cities, presented the award.
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Page 2
Mayor Paul and Former Teen Commission Chair and Pizza and Politics moderator Kelly
Tung received the 2021 Helen Putnam Award for Excellence Programʹs Ruth Vreeland
Award for Excellence in Engaging Youth in City Government for the ʺPizza and Politicsʺ
program.
POSTPONEMENTS AND ORDERS OF THE DAY ‐ None
ORAL COMMUNICATIONS
Jennifer Griffin was concerned about loss of local control, recent housing bills, and leadership in
Sacramento and Washington DC.
Lisa Warren supported Municipal Code amendments for privacy screening and balconies and
defining architectural features in development. (Submitted written comments).
Tara Pillai, on behalf of the Menstrual Equality Committee, supported free and accessible
menstrual products and reducing the stigma surrounding periods. (Submitted written
comments).
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
Council received brief reports on councilmember activities and brief announcements.
4. Subject: Report on Committee assignments
Recommended Action: Report on Committee assignments
Councilmembers highlighted the activities of their various committees.
5. Subject: City Manager update
Recommended Action: Receive City Manager updates on emergency response efforts
and other City business
Interim City Manager Greg Larson reported on the Jollyman Dog Off‐Leash Area (DOLA),
Via‐Cupertino Shuttle, upcoming City events, and COVID‐19 mask mandates,
vaccinations, case rates, and testing.
City Council Minutes October 19, 2021
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Council received the City Manager updates on emergency response efforts and other City
business.
CONSENT CALENDAR (Items 6‐14)
Moore moved and Wei seconded to approve the items on the Consent Calendar except for Items
10 and 13 which were pulled for discussion. Ayes: Paul, Chao, Moore, Wei, and Willey. Noes:
None. Abstain: None. Absent: None.
6. Subject: Approve the October 5 City Council minutes
Recommended Action: Approve the October 5 City Council minutes
7. Subject: Approve the October 10 City Council minutes
Recommended Action: Approve the October 10 City Council minutes
8. Subject: Annual report of commission and committee members’ terms expiring in
January, 2022, and application submittal deadline and candidate interview dates in
January, 2022
Recommended Action: Receive report on commission and committee members’ terms
expiring January, 30, 2022, and set an application submittal deadline of Friday, January
7, 2022 and candidate interview dates of Monday and Tuesday, January 24 and 25, 2022
9. Subject: Consider cancellation of the January 4, 2022 City Council meeting
Recommended Action: Cancel the January 4, 2022 City Council meeting
10. Subject: Consider Accepting Accounts Payable for pay period ending September 6,
2021
Recommended Action: Adopt Resolution No. 21‐093 accepting Accounts Payable for
pay period ending September 6, 2021
Chao moved and Wei seconded to adopt Resolution No. 21‐093 accepting Accounts
Payable for pay period ending September 6, 2021. The motion carried unanimously.
11. Subject: Consider Accepting Accounts Payable for pay period ending September 13,
2021
Recommended Action: Adopt Resolution No. 21‐094 accepting Accounts Payable for
pay period ending September 13, 2021
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12. Subject: Consider Accepting Accounts Payable for pay period ending September 20,
2021
Recommended Action: Adopt Resolution No. 21‐095 accepting Accounts Payable for
pay period ending September 20, 2021
13. Subject: Consider Accepting Accounts Payable for pay period ending September 27,
2021
Recommended Action: Adopt Resolution No. 21‐096 accepting Accounts Payable for
pay period ending September 27, 2021
Chao moved and Wei seconded to adopt Resolution No. 21‐096 accepting Accounts
Payable for pay period ending September 27, 202. The motion carried unanimously.
14. Subject: Consider a donation from an anonymous donor for a plaque commemorating
the Rolling Hills 4‐H Clubʹs founding in Cupertino.
Recommended Action: Authorize the following regarding a plaque commemorating
the Rolling Hills 4‐H Clubʹs founding in Cupertino:
1) Acceptance of the plaque donation;
2) Wording of the plaque; and
3) Installation at the McClellan Ranch property leased to the Rolling Hills 4‐H Club.
SECOND READING OF ORDINANCES
15. Subject: Consider the second reading of Ordinance No. 21‐2230 amending Cupertino
Municipal Code Sections 19.56.030 (Table 19.56.030), 19.56.030F, 19.56.040, and Table
19.56.040A and the addition of Section 19.56.080 (Density Bonus Ordinance) to allow
density bonuses and other incentives as provided by state law and a new Section
19.56.080 providing that the Density Bonus Ordinance will be interpreted consistent with
state density bonus law. (Application No: MCA‐2021‐003; Applicant: City of Cupertino;
Location: Citywide.)
Recommended Action: Conduct second reading and enact Ordinance No. 21‐2230: “An
Ordinance of the City Council of the City Cupertino amending Cupertino Municipal
Code sections 19.56.030A (table 19.56.030), 19.56.030F, table 19.56.040A and adding
section 19.56.080 (Density Bonus Ordinance) to allow density bonuses and other
incentives as provided by state law” (Attachment A).
Mayor Paul opened the public comment period and the following people spoke.
Jennifer Griffin supported sufficient due diligence and was concerned about the impacts
of recent housing bills on cities.
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Mayor Paul closed the public comment period.
City Clerk Kirsten Squarcia read the title of Ordinance No. 21‐2230: “An Ordinance of
the City Council of the City Cupertino amending Cupertino Municipal Code sections
19.56.030A (table 19.56.030), 19.56.030F, table 19.56.040A and adding section 19.56.080
(Density Bonus Ordinance) to allow density bonuses and other incentives as provided
by state law.”
Chao moved and Willey seconded to read Ordinance No. 21‐2230 by title only, and that
the City Clerk’s reading constitutes the second reading thereof; and to enact Ordinance
No. 21‐2230. Ayes: Moore, Wei, Willey, Chao, and Paul. Noes: None. Abstain: None.
Absent: None.
16. Subject: Consider the second reading of Ordinance No. 21‐2231: ʺAn Ordinance of the
City Council of the City of Cupertino Amending City Code to Repeal Section 6.24.037,
Adopt a New Section 6.24.037, Adopt a New Section 6.24.038, and Amend Sections
6.24.010, 6.24.020, 6.24.060, 6.24.240, and 9.16.030, to Mandate Organic Waste Disposal
Reduction.”
Recommended Action: Conduct Second Reading and Enact Ordinance No. 21‐2231: “An
Ordinance of the City Council of the City of Cupertino Amending City Code to Repeal
Section 6.24.037, Adopt a New Section 6.24.037, Adopt a New Section 6.24.038, and
Amend Sections 6.24.010, 6.24.020, 6.24.060, 6.24.240, and 9.16.030, to Mandate Organic
Waste Disposal Reduction,ʺ (Attachment A).
City Clerk Kirsten Squarcia read the title of Ordinance No. 21‐2231: ʺAn Ordinance of the
City Council of the City of Cupertino Amending City Code to Repeal Section 6.24.037,
Adopt a New Section 6.24.037, Adopt a New Section 6.24.038, and Amend Sections
6.24.010, 6.24.020, 6.24.060, 6.24.240, and 9.16.030, to Mandate Organic Waste Disposal
Reduction.”
Chao moved and Willey seconded to read Ordinance No. 21‐2231 by title only, and that
the City Clerk’s reading constitutes the second reading thereof; and to enact Ordinance
No. 21‐2230. Ayes: Moore, Wei, Willey, Chao, and Paul. Noes: None. Abstain: None.
Absent: None.
Council recessed from 7:59 p.m. to 8:05 p.m.
PUBLIC HEARINGS
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17. Subject: Consider adopting amendments to the Cupertino General Plan to add clarity
to existing language in Chapter 3 (Land Use) in Figure LU‐2, Policy LU‐1.1 and Goal LU‐
13, and to add emphasis to existing language in Chapter 6 (Environmental Resources and
Sustainability) (Strategy ES‐6.1.1), and Cupertino Municipal Code Title 17,
Environmental Regulations, to add a new Chapter, Chapter 17.04, to adopt standard
environmental protection requirements for construction, development and other similar
or related activities. (Application No(s): GPA‐2021‐001, MCA‐2021‐004; Applicant(s):
City of Cupertino; Location: citywide)
Recommended Action: That the City Council adopt the:
1. Resolution No. 21‐097 (Attachment A) adopting the Addendum (Addendum No. 5 to
the 2014 General Plan EIR) addressing the environmental effects of the proposed changes
and the proposed amendments to the Cupertino General Plan (Attachment 2); and
2. Introduce and conduct the first reading of Ordinance No. 21‐2232 (Attachment B),
“An Ordinance of the City Council of the City of Cupertino adding Chapter 17.04
(Standard Environmental Protection Requirements) to the Cupertino Municipal Code.”
Written Communications for this item included a staff presentation.
Community Development Director Ben Fu introduced the item.
Planning Manager Piu Ghosh gave a presentation.
Terri McCracken, Associate Principal at PlaceWorks, answered questions.
Councilmembers asked questions and made comments.
Mayor Paul opened the public hearing and the following people spoke.
Lisa Warren supported language allowing for future changes if necessary, amending
privacy screening and balcony definitions, and conducting a community workshop.
Jennifer Griffin supported the proposed amendments, incorporating a mechanism to
rewrite based on future housing bills, and concerns about architectural features.
Peggy Griffin supported modifications to the proposed amendments, including a map of
cultural areas, and enforcement of the use of architectural features.
Mayor Paul closed the public hearing.
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City Clerk Kirsten Squarcia read the title of Ordinance No. 21‐2232, “An Ordinance of
the City Council of the City of Cupertino adding Chapter 17.04 (Standard
Environmental Protection Requirements) to the Cupertino Municipal Code.”
Chao moved and Moore seconded the staff recommendation to:
1. Adopt Resolution No. 21‐097 with amendments adopting the Addendum
(Addendum No. 5 to the 2014 General Plan EIR) addressing the environmental effects
of the proposed changes and the proposed amendments to the Cupertino General
Plan.
Chao’s amendment’s to Proposed GPA ‐ Footnotes, Chapter 3 Figure LU‐2:
Building Planes:
Bullets 1 and 5 (both locations): Architectural features that do not include
usable area may encroach into the slope line.
Where slope lines or other applicable height and setback limits for projects
adjacent to residential areas is are not established in a specific plan, conceptual
zoning plan or land use plan and in any adopted design guidelines, this will
be established during project review project review shall be required.
2. Read Ordinance No. 21‐2232 by title only, and that the City Clerk’s reading
constitutes the first reading thereof.
The motion carried unanimously. Ayes: Moore, Wei, Willey, Chao, and Paul. Noes:
None. Abstain: None. Absent: None.
ORDINANCES AND ACTION ITEMS – None
ORAL COMMUNICATIONS ‐ CONTINUED (As necessary) – None
COUNCIL AND STAFF COMMENTS AND FUTURE AGENDA ITEMS
Directed staff to look into the following potential agenda items:
amending definitions for privacy screening and architectural enhancement in the
Municipal Code (Willey/Chao)
clarifying standards regarding neighborhood buffers for mixed‐use urban village
developments and setback and slope requirements along neighborhood streets in the
General Plan (Willey/Chao)
study feasibility of a school boundary change to bring the Apple Park parcel into the
Cupertino Union School District (CUSD) (Chao/Willey/Moore)
ADJOURNMENT
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At 10:27 p.m., Mayor Paul adjourned the Regular City Council Meeting.
Kirsten Squarcia, City Clerk