CC 12-06-22
APPROVED MINUTES
CUPERTINO CITY COUNCIL
Tuesday, December 6, 2022
At 6:45 p.m., Mayor Paul called the Regular City Council Meeting to order and led the Pledge
of Allegiance in the Cupertino Community Hall Council Chamber, 10350 Torre Avenue and via
teleconference.
ROLL CALL
Present: Mayor Darcy Paul, Vice Mayor Liang Chao, and Councilmembers Kitty Moore, Hung
Wei, and Jon Robert Willey.
CEREMONIAL MATTERS AND PRESENTATIONS
1. Subject: Consider a certificate of appreciation to Captain Rich Urena for his years of
service to the Cupertino community as West Valley Patrol Captain
Recommended Action: Present certificate of appreciation to Captain Rich Urena for his
years of service to the Cupertino community as West Valley Patrol Captain
Captain Rich Urena received the certificate of appreciation.
Mayor Paul presented the certificate of appreciation to Captain Rich Urena for his years
of service to the Cupertino community as West Valley Patrol Captain.
2. Subject: Consider certificates of appreciation recognizing Rudy Lomas and Kane Wolfe
for their years of service to the City of Cupertino upon their retirement
Recommended Action: Present certificates of appreciation recognizing Rudy Lomas
and Kane Wolfe for their years of service to the City of Cupertino upon their retirement
Written communications for this item included and updated Attachment B – Corrected
Certificate of Appreciation.
Rudy Lomas and Kane Wolfe received the certificates of appreciation.
City Council Minutes December 6, 2022
Page 2
Mayor Paul presented the certificates of appreciation recognizing Rudy Lomas and
Kane Wolfe for their years of service to the City of Cupertino upon their retirement.
Council recessed from 6:55 p.m. to 7:13 p.m.
Vice Mayor Chao and Councilmember Wei left the dais and attended the remainder of the
meeting via teleconference.
POSTPONEMENTS AND ORDERS OF THE DAY
Moore moved and Willey seconded to postpone Item 11 considering the annual and five -year
Development Impact Fee report for FY ending June 30, 2022 to the December 20, 2022 City
Council meeting. The motion carried unanimously.
ORAL COMMUNICATIONS
Call-In-User_1 was concerned about a case with the City requiring demolition of an illegal
structure on their property.
Dennis Cunningham supported continuing to hold City Council meetings by teleconference
and policies allowing staff to work from home.
Peggy Griffin thanked Mayor Paul and Councilmember Willey for their service and opposed
allowing restaurants to exceed a certain percentage of the total square footage at Main Street.
San R thanked Mayor Paul and Councilmember Willey for their service and supported the
new Council considering resident needs and prioritizing crime issues. (Submitted written
comments).
Felix, Stephanie, Annie, Aspen, and Bruno of First Level League Team Tornado shared their
micro hydropower system innovation project to save energy. (Submitted written comments).
Jennifer Griffin thanked Mayor Paul and Councilmember Willey for their service and was
concerned about a fire at the Historic Graves House and preserving the Stocklmeir House.
John Kehoe supported Golf Course Feasibility Study Option B to restore nature at Blackberry
Farm Golf Course and the associated water savings plan.
Housing Commissioner Connie Cunningham (representing self) supported protecting
biodiversity and Option B to restore nature at Blackberry Farm. (Submitted written
comments).
Rhoda Fry was concerned about Lehigh plant and quarry cement distribution and
City Council Minutes December 6, 2022
Page 3
manufacturing, off-site air pollution from dust and traffic, and rock plant land-use authority.
Lisa Warren was concerned about changing the square footage limitations in the former Target
building at Main Street to allow for restaurant use.
REPORTS BY COUNCIL AND STAFF
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: Report on Subcommittee assignments
Recommended Action: Report on Subcommittee assignments
Councilmembers reported on Subcommittee assignments.
6. Subject: City Manager update
Recommended Action: Receive City Manager update on City business
Council received the City Manager update on City business.
7. Subject: Department Update - Community Development
Recommended Action: Receive update regarding the Community Development
Department
Written communications for this item included a staff presentation.
Acting Community Development Director Luke Connelly gave a presentation.
Council received the update regarding the Community Development Department.
CONSENT CALENDAR (Items 8-12)
Willey moved and Wei seconded to approve the items on the Consent Calendar, except Item 11
City Council Minutes December 6, 2022
Page 4
which was continued, and Item 12 which was pulled for discussion. Ayes: Paul, Chao, Moore,
Wei, and Willey. Noes: None. Abstain: None. Absent: None.
8. Subject: Consider approval of the November 15 City Council minutes
Recommended Action: Approve the November 15 City Council minutes
9. Subject: Consider adopting a resolution authorizing continued remote teleconference
meetings of the legislative bodies of the City of Cupertino for the period December 6,
2022 through January 5, 2023 pursuant to the Brown Act, as amended by AB 361
Recommended Action: Adopt Resolution No. 22-142 authorizing continued remote
teleconference meetings of the legislative bodies of the City of Cupertino for the
December 6, 2022 through January 5, 2023 pursuant to the Brown Act, as amended by
AB 361
Written communications for this item included an updated Attachment B – Adopted
Resolution No. 22-133.
10. Subject: Consider the OPEB and Pension Trust Investment Policies
Recommended Action: Adopt Resolution No. 22-143 accepting the OPEB Policy and
adopt Resolution No. 22-144 accepting the Pension Trust Investment Policies
11. Subject: Consider the Mitigation Fee Act - an annual and five-year report for Fiscal
Year (FY) 2021-2022
Recommended Action: Adopt Resolution No. 22-145 entitled "A Resolution of the City
of Cupertino City Council approving the annual and five -year Development Impact
Fee report for FY ending June 30, 2022" to:
1. Make the required findings as identified in the Resolution; and
2. Approve the annual and five-year Development Impact Fee report for the FY ending
June 30, 2022, as required by Government Code Section 66000 et seq
As noted under Postponements and Orders of the Day, this item was continued to
December 20.
12. Subject: Consider authorizing the City Manager to award a construction contract with
contingency budget for the Blackberry Farm Pool Improvements Capital Improvement
Program (CIP) Project
Recommended Action: 1. Authorize the City Manager to award a construction contract
in an amount not to exceed 90% of the appropriated project budget limits to the lowest
responsive bidder if there are no unresolved bid protests; and
2. Authorize the Director of Public Works to allow a construction contingency budget
of 20% of the construction contract amount to address unforeseen conditions
City Council Minutes December 6, 2022
Page 5
discovered during construction
This item was pulled from the Consent Calendar for discussion.
Written communications for this item included emails to Council.
Mayor Paul opened the public hearing and the following people spoke.
Rhoda Fry was concerned about the project scope and supported public engagement
and creating an enterprise fund to monitor spending.
Councilmembers asked questions and made comments.
Wei moved and Willey seconded to:
1. Authorize the City Manager to award a construction contract in an amount not to
exceed 90% of the appropriated project budget limits to the lowest responsive bidder if
there are no unresolved bid protests; and
2. Authorize the Director of Public Works to allow a construction contingency budget
of 20% of the construction contract amount to address unforeseen conditions
discovered during construction.
Council did not vote on this motion.
Moore moved and Chao seconded a substitute motion to:
1. Authorize the City Manager to award a construction contract in an amount not to
exceed 90% of the appropriated project budget limits to the lowest responsive bidder if
there are no unresolved bid protests; and
2. Authorize the Director of Public Works to allow a construction contingency budget
of 15% of the construction contract amount to address unforeseen conditions
discovered during construction.
The substitute motion carried with Wei voting no.
Council recessed from 9:17 p.m. to 9:23 p.m.
SECOND READING OF ORDINANCES – None
STUDY SESSION
13. Subject: Consider directing staff to prepare a City Ordinance to govern the permitting
of small cellular facilities within the public right of way
Recommended Action: Consider directing staff to prepare a City Ordinance for
Council approval to govern permitting of small cellular facilities within the public right
City Council Minutes December 6, 2022
Page 6
of way and provide input on the list of recommended modifications to the regulations
listed in the staff report
Presenter: Chad Mosley, Assistant Director of Public Works
Written communications for this item included a staff presentation.
Assistant Director of Public Works Chad Mosley gave a presentation.
Mayor Paul opened the public comment period and the following people spoke.
Venkat Ranganathan supported the proposed draft ordinance with modifications to the
number of towers, setback requirements, and locations.
San R supported providing adequate facilities to address increased consumption from
people working from home and lack of signal availability.
Nori supported the maximum notification radius and longest 21-day comment period,
providing an activation report, and more locations on the West side of town.
Jennifer Griffin was concerned about a difficult transition from 3G to 5G and the
deployment of small cell facilities on poles being disruptive to the public.
Mayor Paul closed the public comment period.
Councilmembers asked questions and made comments.
Councilmember comments:
Willey: Provide the basis for what kinds of data can be required for these types of
applications.
Wei: Review the Mackenzie & Albritton LLP letter, dated 12/5/2022, evaluate their
recommendations and incorporate appropriate modifications.
Moore: Provide guidelines/design standards for facilities on wooden utility poles and
strand mounted equipment.
Paul: Provide a Preference Tier for standalone poles.
Chao: Keep the 21-day noticing period; modify the letters from providers so that they
don’t look like advertisements; consider having letter look like a City notice; make pole
City Council Minutes December 6, 2022
Page 7
signs more visible; look into process to appeal for removal of street lights due to
brightness.
Moore moved and Chao seconded to direct staff to make modifications to the proposed
Draft Ordinance; and to address the concerns based on the comments heard and that
were raised in the Verizon attorney letter from Mackenzie & Albritton LLP letter, dated
12/5/2022.
Moore’s modifications:
• Strike “Main Streets” from Tier 1 Preference, reference General Plan information.
• Split Major and Minor Collectors into two separate tiers, reference General Plan
information.
• Reference the General Plan Figure M-2 Circulation Network for street types and
include the map on the Small Cell webpage and provide this map as an
attachment to the staff report when the ordinance returns to City Council.
• Increase setback distance to occupied structures from 20’ to 25’.
Chao made a friendly amendment to:
• Consider a larger sign for pole notification – Two 8.5”x11” (11”x17”) and add
large text at the top to provide clarity.
• Provide a sample image of the envelopes that will be used for the mailed
notifications.
• Look for opportunities to increase the notification radius from 300’ to 500’.
(Moore accepted Chao’s friendly amendment).
Willey made a friendly amendment to consider expanding the separation distances
from 500’ between facilities from the same provider to a minimum of 1000’ and require
carriers to provide data justifying any facility closer than 1000’. (Moore and Chao
accepted Willey’s friendly amendment).
The amended motion carried unanimously.
Motion Summary:
Moore moved and Chao seconded to direct staff to make modifications to the proposed
Draft Ordinance; and to address the concerns based on the comments heard and that
were raised in the Verizon attorney letter from Mackenzie & Albritton LLP letter, dated
12/5/2022.
Moore’s modifications:
• Strike “Main Streets” from Tier 1 Preference, reference General Plan information.
• Split Major and Minor Collectors into two separate tiers, reference General Plan
information.
• Reference the General Plan Figure M-2 Circulation Network for street types and
City Council Minutes December 6, 2022
Page 8
include the map on the Small Cell webpage and provide this map as an
attachment to the staff report when the ordinance returns to City Council.
• Increase setback distance to occupied structures from 20’ to 25’.
Council also directed staff to:
• Consider a larger sign for pole notification – Two 8.5”x11” (11”x17”) and add
large text at the top to provide clarity.
• Provide a sample image of the envelopes that will be used for the mailed
notifications.
• Look for opportunities to increase the notification radius from 300’ to 500’.
• Consider expanding the separation distances from 500’ between facilities from
the same provider to a minimum of 1000’ and require carriers to provide data
justifying any facility closer than 1000’.
The amended motion carried unanimously.
Council recessed from 10:58 p.m. to 11:03 p.m.
PUBLIC HEARINGS
14. Subject: Consider approval of a proposed development that will include
approximately 41,268 sq. ft. of commercial space and 206 residential condominium
units. (Application No(s): DP-2022-001, ASA-2022-002, TR-2022-026, TM-2022-003;
Applicant(s): Larry Wang (Tectonic Builders Corp.); Location: 10145 N. De Anza Blvd,
10118 Bandley Dr., APN(s): 326-34-066, 326-34-043.)
Recommended Action: Staff recommends that the City Council:
1. Adopt Resolution No. 22-146 adopting an addendum to a previously adopted
Mitigated Negative Declaration and approving the Development Permit (DP-2022-001)
(Attachment A);
2. Adopt Resolution No. 22-147 approving the Architectural and Site Approval Permit
(ASA-2022-002) (Attachment B);
3. Adopt Resolution No. 22-148 approving the Vesting Tentative Map (TM-2022-003)
(Attachment C); and
4. Adopt Resolution No. 22-149 approving the Tree Removal Permit (TR-2022-026)
(Attachment D)
Presenter: Gian Martire, Senior Planner
Written communications for this item included staff and applicant presentations and a
letter from the applicant.
Senior Planner Gian Martire gave a presentation.
Project Manager Greg Endom of Bay Pacific Properties gave a presentation.
City Council Minutes December 6, 2022
Page 9
Mayor Paul opened the public hearing and the following people spoke.
Lisa Warren supported the project and owner-occupied units.
Peggy Griffin supported the project and business-ownership units and owner-occupied
units.
Jean Bedord supported approval of the application, including the senior housing and
other elements.
Housing Commissioner Connie Cunningham (representing self) supported the project,
including the senior housing and other elements.
Ben Shyy supported the project, including the retail and affordable housing
component.
Jennifer Griffin was concerned about losing the large retail grocery store and the
designation of school districts and supported public input and limiting heights.
Mayor Paul closed the public hearing.
Applicant representatives responded to public comments.
Councilmembers asked questions and made comments.
Chao moved and Willey seconded to:
1. Adopt Resolution No. 22-146 adopting an addendum to a previously adopted
Mitigated Negative Declaration and approving the Development Permit (DP-2022-001);
2. Adopt Resolution No. 22-147 approving the Architectural and Site Approval Permit
(ASA-2022-002);
3. Adopt Resolution No. 22-148 approving the Vesting Tentative Map (TM-2022-003);
and
4. Adopt Resolution No. 22-149 approving the Tree Removal Permit (TR-2022-026).
The motion carried unanimously.
ORAL COMMUNICATIONS - CONTINUED (As necessary) – None
COUNCIL AND STAFF COMMENTS AND FUTURE AGENDA ITEMS
Written communications for this item included a future agenda item request from Mayor
City Council Minutes December 6, 2022
Page 10
Paul.
Councilmembers requested the following future agenda items:
- Study session on recommendations regarding shelter solutions for the unhoused
(Paul and Moore)
- Consideration of an Ordinance amendment regarding the Economic Development
Committee composition (Chao and Wei)
- Informational memo regarding the retail square footage analysis for Main Street
(Chao and Moore)
ADJOURNMENT
At 12:41 a.m., on Wednesday, December 7, Mayor Paul adjourned the Regular City Council
Meeting.
____________________________
Kirsten Squarcia, City Clerk