CC 02-15-22
APPROVED MINUTES
CUPERTINO CITY COUNCIL
Tuesday, February 15, 2022
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.
COUNCIL WORKSHOP
1. Subject: Commissions and Committees Workshop
Recommended Action: Conduct Commissions and Committees Workshop and provide
direction to staff
Presenter: Katy Nomura, Deputy City Manager
Written Communications for this item included a staff presentation.
Deputy City Manager Katy Nomura gave a presentation.
Mayor Paul opened the public comment period and the following people spoke.
Jennifer Griffin opposed dissolving or consolidating the Environmental Review
Committee (ERC) or Design Review Committee (DRC). (Submitted written comments).
Jean Bedord was concerned about staff time spent on Commissions and Committees and
consultant costs and supported streamlining the commissions. (Submitted written
comments).
Housing Commissioner Govind Tatachari (representing self) supported expanding the
Housing scope to review new housing projects including affordable housing.
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Lisa Warren supported maintaining the ERC and DRC and expanding the scope of the
Committees.
Peggy Griffin supported maintaining ERC and DRC but removing staff, a Safe Routes
Committee, increasing Audit Committee meeting frequency, and other modifications.
Mayor Paul closed the public comment period.
Councilmembers asked questions and made comments.
Paul moved and Willey seconded to:
1. direct staff to prepare a proposed codification of the Economic Development
Committee in the Municipal Code, with membership comprised of two members of the
City Council and three members from the community representing retail hospitality
and the technology industry;
2. prepare a modification to the Municipal Code regarding the Environmental Review
Committee, to be comprised of two members of the City Council and one member of
the Planning Commission, and refer to the Committee the question of what scope of
subject matter they would like to review and bring an update of the latter back to
Council;
3. refer to the Planning Commission, the question of what scope of potential subject
matter related to transportation it could review;
4. provide options for an expansion of the Audit Committee following referral of the
question to a Council Subcommittee formed, comprised Vice Mayor Chao and
Councilmember Moore, and bring an update back to Council;
5. refer to the Housing Commission, the question of what scope of subject matter it has
been undertaking and what subject matter it would like to review and bring an update
back to Council.
Moore made a friendly amendment to appoint Mayor Paul to serve on the
Subcommittee instead of Councilmember Moore. (Paul and Willey accepted the
friendly amendment); Paul modified his motion to add, “and include consideration of
social services” to item 5. (Willey accepted the modification).
Final Motion
Paul moved and Willey seconded to direct staff to:
1. prepare a proposed codification of the Economic Development Committee in the
Municipal Code, with membership comprised of two members of the City Council and
three members from the community representing retail hospitality and the technology
industry;
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2. prepare a modification to the Municipal Code regarding the Environmental Review
Committee, to be comprised of two members of the City Council and one member of
the Planning Commission, and refer to the Committee the question of what scope of
subject matter they would like to review, and bring an update of the latter back to
Council;
3. refer to the Planning Commission, the question of what scope of potential subject
matter related to transportation it could review;
4. provide options for an expansion of the Audit Committee following referral of the
question to a Council Subcommittee formed tonight, comprised of Mayor Paul and Vice
Mayor Chao, and bring an update back to Council; and
5. refer to the Housing Commission, the question of what scope of subject matter it has
been undertaking and what subject matter it would like to review, and include
consideration of social services, and bring an update back to Council.
The amended motion carried unanimously.
ADJOURNMENT
At 6:44 p.m., Mayor Paul adjourned the Special City Council Meeting.
REGULAR MEETING
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 supporting United Nations Human Rights Council resolution
recognizing access to a healthy and sustainable environment as a universal right
Recommended Action: Present proclamation supporting United Nations Human
Rights Council resolution recognizing access to a healthy and sustainable environment
as a universal right
Students Vansh Mathur and Caroline Cheng, on behalf of Cupertino High School
Model United Nations, and District Director Tom Pyke, on behalf the Office of
Congressman Ro Khanna, received the presentation.
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Mayor Paul presented the proclamation supporting United Nations Human Rights
Council resolution recognizing access to a healthy and sustainable environment as a
universal right.
2. Subject: Presentation by Captain Rich Urena of the Santa Clara County Sheriff’s
Department regarding public safety
Recommended Action: Receive presentation by Captain Rich Urena of the Santa Clara
County Sheriff’s Department regarding public safety
Written Communications for this item included a sheriff presentation.
Captain Rich Urena gave a presentation.
Mayor Paul opened the public comment period and the following people spoke.
Lisa Warren supported the presentation and asked questions about PERT (Psychiatric
Emergency Response Team) training and texting 911 calls.
Peggy Griffin asked about the location accuracy of 911 calls from a cell phone, monthly
statistic postings on Nextdoor, and contact information about ransomware crimes.
Housing Commissioner Govind Tatachari (representing self) asked about the PERT
team covering responses to schools and colleges.
Mayor Paul closed the public comment period.
Councilmembers asked questions and made comments.
Council received the presentation by Captain Rich Urena of the Santa Clara County
Sheriff’s Department regarding public safety.
Council recessed from 7:46 p.m. to 7:52 p.m.
POSTPONEMENTS AND ORDERS OF THE DAY ‐ None
ORAL COMMUNICATIONS
Jennifer Griffin was concerned about the Housing Element number calculations in cities and
rezoning areas for high density housing and supported a study session on these topics.
Lisa Warren requested project updates on Westport, Lawrence‐Mitty Park, and Vallco and
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supported Council consideration of a vacancy tax.
Louise Saadati supported Council highly prioritizing more Dogs Off Leash Areas (DOLAs) in
the 2022‐23 City Work Program.
Tony Alexander supported the community benefits of DOLAs and expanding to other areas of
the City.
Mary Ellen Chell supported allowing more DOLAs and creating more trials in the City.
Peggy Griffin supported project updates including Mary Avenue ELI and County housing at
the Outback site, considering a vacancy tax, and addressing pavement cuts in Cupertino.
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 update on emergency response efforts
and other City business
Council received the City Manager update on emergency response efforts, development
projects, and other City business.
CONSENT CALENDAR (Items 6‐17)
Willey moved and Wei seconded to approve the items on the Consent Calendar except for Item
Nos. 13 which was pulled for discussion. Ayes: Paul, Chao, Moore, Wei, and Willey. Noes:
None. Abstain: None. Absent: None.
6. Subject: Approve the January 24 City Council minutes
Recommended Action: Approve the January 24 City Council minutes
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7. Subject: Approve the January 27 City Council minutes
Recommended Action: Approve the January 27 City Council minutes
8. Subject: Approve the February 1 (Commission Interviews) City Council minutes
Recommended Action: Approve the February 1 (Commission Interviews) City Council
minutes
9. Subject: Approve the February 1 City Council minutes
Recommended Action: Approve the February 1 City Council minutes
10. Subject: Approve the February 7 City Council minutes
Recommended Action: Approve the February 7 City Council minutes
11. Subject: Consider adopting a resolution authorizing continued remote teleconference
meetings of the legislative bodies of the City of Cupertino for the period February 15,
2022 through March 16, 2022 pursuant to the Brown Act, as amended by AB 361
Recommended Action: Adopt Resolution No. 22‐025 authorizing continued remote
teleconference meetings of the legislative bodies of the City of Cupertino for the period
February 15, 2022 through March 16, 2022 pursuant to the Brown Act, as amended by
AB 361
12. Subject: Consider Planning Commissionʹs recommendation to select Steven Scharf as
the Environmental Review Committee representative
Recommended Action: Accept Planning Commissionʹs recommendation to select
Steven Scharf as the Environmental Review Committee representative
13. Subject: Consider Accounts Payable for the period ending January 10, 2022
Recommended Action: Adopt Resolution No. 22‐026 accepting Accounts Payable for
the period ending January 10, 2022
Councilmembers asked questions and made comments.
Mayor Paul opened the public hearing and, seeing no one, closed the public comment
period.
Council unanimously consented to table this item to a future meeting pending staff
provisions of materials and answers to Councilmember questions.
14. Subject: Consider Accounts Payable for the period ending January 17, 2022
Recommended Action: Adopt Resolution No. 22‐027 accepting Accounts Payable for
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the period ending January 17, 2022
15. Subject: Consider Accounts Payable for the period ending January 24, 2022
Recommended Action: Adopt Resolution No. 22‐028 accepting Accounts Payable for
the period ending January 24, 2022
16. Subject: Consider Accounts Payable for the period ending January 31, 2022
Recommended Action: Adopt Resolution No. 22‐029 accepting Accounts Payable for
the period ending January 31, 2022
17. Subject: Consider approval of the Library Commissionʹs recommendation to extend
Jing Jing Yangʹs appointment as the Cupertino Poet Laureate until the end of 2022
Recommended Action: Adopt Resolution No. 22‐030 approving the Library
Commissionʹs recommendation to extend Jing Jing Yangʹs appointment as the
Cupertino Poet Laureate until the end of 2022
SECOND READING OF ORDINANCES ‐ None
PUBLIC HEARINGS ‐ None
ORDINANCES AND ACTION ITEMS
18. Subject: Options for Acquisition of Lehigh Cement Plant and Quarry by Santa Clara
County
Recommended Action: Provide direction to the City Manager and City Attorney to
prepare a letter in support of, and otherwise regarding, efforts by Santa Clara County
to explore options for the acquisition of the Lehigh Cement Plant and Quarry and the
termination of plant and quarry operations
Presenter: Christopher Jensen, City Attorney
Written Communications for this item included a staff presentation and emails to
Council.
City Attorney Christopher Jensen gave a presentation.
Mayor Paul opened the public comment period and the following people spoke.
Jennifer Griffin supported the County plan of purchasing the property, a City
annexation, referral to Midpen, and addressing floodplain and fire risks.
Lisa Warren supported the recent actions by the County Board of Supervisors and
Council sending a letter of support to the Board.
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Peggy Griffin supported Council sending a letter of support and looking into land use
and flood risk since the property lies within Cupertinoʹs boundaries.
Mayor Paul closed the public comment period.
Councilmembers asked questions and made comments.
Willey moved and Paul seconded to authorize the City Attorney to draft, prepare, and
submit a letter of support of Supervisor Simitian and the Countyʹs effort to conduct the
study for the next 90 days and to incorporate the comments shared by Councilmembers
in the discussion within the draft of that letter. The motion carried unanimously.
19. Subject: Consider an update on the Via‐Cupertino On‐Demand Community Shuttle
Pilot Program and proposed grant application: California State Transportation Agency
(CalSTA,) Transit and Intercity Rail Capital Program (TIRCP)
Recommended Action: Receive an update on Via‐Cupertino ridership since its re‐
launch on October 19, 2021 and consider authorization of a competitive grant
application to CalSTA to fund 50% of shuttle costs in the future
Presenter: Chris Corrao, Senior Transit & Transportation Planner
Written Communications for this item included a staff presentation.
Senior Transit & Transportation Planner Chris Corrao gave a presentation.
Mayor Paul opened the public comment period and the following people spoke.
Jennifer Griffin supported the program plan but was concerned about any mandates
attached to accepting the grant.
Peggy Griffin supported adding the El Camino Hospital and Mountain View Caltrain
Station destinations and was concerned about wait times.
Mayor Paul closed the public comment period.
Councilmembers asked questions and made comments.
Paul moved and Chao seconded to authorize a competitive grant application to CalSTA
to fund 50% of shuttle costs in the future. The motion carried unanimously.
20. Subject: Consider an update on Stevens Creek Boulevard Steering Committee and
consideration of the City of Cupertinoʹs participation in the Stevens Creek Boulevard
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Transit Vision Study
Recommended Action: Consider approving participation in the Stevens Creek
Boulevard Corridor Transit Study to create a cohesive vision for the Stevens Creek
Boulevard Corridor, including a study of the potential for transit
Presenter: Chris Corrao, Senior Transit & Transportation Planner
Written Communications for this item included a staff presentation and emails to
Council.
Senior Transit & Transportation Planner Chris Corrao gave a presentation.
Mayor Paul opened the public comment period and the following people spoke.
Jennifer Griffin was concerned about MTC and a Complete Streets Program, giving up
car traffic lanes, and traffic impacts from Vallco. (Submitted written comments).
Raania Mohsen, on behalf of San Jose Vice Mayor Chappie Jones, recommended
Cupertino participation in the proposed Stevens Creek Corridor Transit Vision Study.
Mayor Paul closed the public comment period.
Councilmembers asked questions and made comments.
Willey moved and Wei seconded to approve participation in the Stevens Creek
Boulevard Corridor Transit Study to create a cohesive vision for the Stevens Creek
Boulevard Corridor, including a study of the potential for transit. Wei made a friendly
amendment for the Cupertino study to extend to Foothill Boulevard. (Willey accepted
the friendly amendment). Chao made a friendly amendment to add, “preferably not
using general purpose travel lanes or adversely impact vehicular capacity on City
surface street.” (Willey accepted the friendly amendment and Wei declined the friendly
amendment and the amendment was not considered). Council did not vote on this
motion.
Final Motion:
Chao moved and Paul seconded a substitute motion to approve participation in the
Stevens Creek Boulevard Corridor Transit Study to create a cohesive vision for the
Stevens Creek Boulevard Corridor, including a study of the potential for transit, with
the amendment of preferably not using general purpose travel lanes nor adversely
impacting vehicular capacity on City surface street and extending the study to Foothill
Boulevard. The substitute motion carried unanimously.
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Council unanimously consented to continue the Regular City Council Meeting and
consideration of the remaining agenda items to a Special City Council Meeting on Thursday,
February 17 at 7:00 p.m.
21. Subject: FY 2021‐2022 City Work Program Q2 Update
Recommended Action: Receive FY 2021‐2022 City Work Program Q2 Update
Presenter: Katy Nomura, Deputy City Manager
This item was continued to Thursday, February 17 at 7:00 p.m.
ORAL COMMUNICATIONS ‐ CONTINUED (As necessary)
COUNCIL AND STAFF COMMENTS AND FUTURE AGENDA ITEMS
This item was continued to Thursday, February 17 at 7:00 p.m.
ADJOURNMENT
At 11:25 p.m., Mayor Paul adjourned the Regular City Council Meeting.
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Kirsten Squarcia City Clerk