CC 03-02-2021 (Special)
APPROVED MINUTES
CUPERTINO CITY COUNCIL
Tuesday, March 2, 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: Rancho Rinconada Recreation and Park District City Work Program Item
Update and Next Steps.
Recommended Action: Receive an update on the Rancho Rinconada Recreation and
Park District City Work Program item and provide guidance for next steps.
Written communications for this item included a staff presentation.
Parks and Recreation Director Joanne Magrini gave a presentation.
Councilmembers asked questions and made comments.
Mayor Paul opened the public comment period and the following people spoke.
Jennifer Griffin supported the Rancho Rinconada Recreation and Park District (RRRPD)
retaining control without some type of compensation.
Jordan Eldridge, RRRPD Board Member, was concerned about the Parks and Recreation
Commission assessment and understanding of certain issues.
City Council Minutes March 2, 2021
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Parks and Recreation Commissioner Neesha Tambe (representing self) was concerned
about the distribution of taxes, number of residents served, and lack of oversight.
Lisa Warren supported listening to Jordan Eldridge’s concerns.
Parks and Recreation Commissioner Carol Stanek (representing self) was concerned
about the tax distribution, use of reserve assets, and the number of residents served.
Mayor Paul closed the public comment period.
Chao moved and Willey seconded to adopt Option 3 of the staff recommendation to:
Delay consideration of the acquisition,
a. Allow for engagement in long‐term planning for aquatics facilities in the
City
b. Until Rancho Rinconada Recreation and Park District (RRRPD) completes
their strategic visioning and outreach and makes a recommendation
The motion carried unanimously.
ADJOURNMENT
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.
In open session, Mayor Paul reported out on the Special Closed Session Meeting held on
February 23, 2021:
1. Pursuant to Government Code Section 54956.9(d)(1), conference with Legal Counsel
regarding existing litigation (four cases):
a. Huang Family v. City of Cupertino, Santa Clara County Superior Court Case No.
19CV347316.
City Council Minutes March 2, 2021
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b. Carla Dearmitt v. City of Cupertino, Santa Clara County Superior Court Case No.:
20CV367431
c. City of Arcata et al. v. Pacific Gas & Electric Co., San Francisco County Superior Court
Case No. CGC‐20‐585483
d. Peter Plotzker v. City of Cupertino, Santa Clara County Superior Court Case No.:
19CV354371
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.
2. Conference with Legal Counsel ‐ Anticipated Litigation. Initiation of litigation pursuant
to Government Code Section 54956.9(d)(4) (two potential cases)
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 proclaiming March as American Red Cross Month and
presentation from the American Red Cross regarding local activities
Recommended Action: Present proclamation proclaiming March as American Red
Cross Month and receive presentation from the American Red Cross regarding local
activities
Written Communications for this item included a recipient presentation.
American Red Cross Specialty Vehicle Assistant Lead Stuart Chessen received the
proclamation.
Mayor Paul presented the proclamation proclaiming March as American Red Cross
Month and received presentation from the American Red Cross regarding local
activities.
City Council Minutes March 2, 2021
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2. Subject: Presentation by American Lung Cancer Screening Initiative (ALCSI) on lung
cancer awareness
Recommended Action: Receive presentation by American Lung Cancer Screening
Initiative (ALCSI) on lung cancer awareness
Written Communications for this item included a presentation.
American Lung Cancer Screening Initiative (ALCSI) Lead Outreach Coordinator
Angela Zhou gave a presentation.
Council received the presentation by American Lung Cancer Screening Initiative
(ALCSI) on lung cancer awareness.
3. Subject: Proclamation declaring March as Youth Arts Month on behalf of those who
advocate for art education to all elementary, middle and secondary students.
Recommended Action: Present proclamation declaring March as Youth Arts Month on
behalf of those who advocate for art education to all elementary, middle and secondary
students.
Written Communications for this item included a recipient presentation.
Santa Clara County Office of Education Arts Coordinator Sofia Fojas received the
proclamation.
Mayor Paul presented the proclamation declaring March as Youth Arts Month on
behalf of those who advocate for art education to all elementary, middle and secondary
students.
POSTPONEMENTS
4. Subject: Approving City of Cupertino 2020 Transportation Impact Fee Nexus Study
Update, increasing the Transportation Impact Fees, and amending Schedule B of the
2020‐21 Fee Schedule to incorporate the increased fees. This item was previously
continued from January 19 and has been continued to a date uncertain.
Consideration of the City of Cupertino 2020 Transportation Impact Fee Nexus Study
Update, increasing the Transportation Impact Fees, and amending Schedule B of the
2020‐21 Fee Schedule to incorporate the increased fees was continued to a date
uncertain.
City Council Minutes March 2, 2021
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ORAL COMMUNICATIONS
Jennifer Griffin supported people receiving COVID‐19 vaccinations and was concerned about
new regulations for driveways in Portland, Oregon.
Aayush and Riyana Goel, on behalf of Apart But Not Alone, gave a presentation to introduce
mindfulness as a coping mechanism during the COVID pandemic. (Distributed written
comments).
John Ennals supported adding a future City Council agenda item to endorse national
legislation that would put a price on carbon.
Dan Marshall supported Council adding an agenda item to sign a draft endorsement that
would put a price on carbon.
Housing Commissioner Connie Cunningham (representing self) supported the Bird Safe and
Dark Sky Ordinance and publicly condemning anti‐Asian hate crimes. (Distributed written
comments).
Peggy Griffin was concerned about the delay in the Bird Safe and Dark Sky Ordinance and the
sufficiency of the amendments.
Tanish Savlas, on behalf of The Active Circle, gave a presentation on creating active connected
communities during the COVID‐19 pandemic. (Distributed written comments).
Lisa Warren supported outreach and discussions with staff to ensure public comments
received for the Bird Safe and Dark Sky Ordinance were addressed.
Council recessed from 7:24 p.m. to 7:30 p.m.
REPORTS BY COUNCIL AND STAFF (10 minutes)
5. Subject: City Manager update on emergency response efforts
Recommended Action: Receive City Manager update on emergency response efforts
City Manager Deborah Feng reported on changes in the State’s Tier assignments,
COVID‐19 vaccine information, testing opportunities, and case counts; and homeless
encampments; and the Take the Pledge to Keep Cupertino Healthy and Big Bunny 5k
events.
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Council received the City Manager update on emergency response efforts.
6. Subject: Report on Committee assignments
Recommended Action: Report on Committee assignments
Councilmembers highlighted the activities of their various committees.
CONSENT CALENDAR
Wei moved and Willey seconded to approve the items on the Consent Calendar except Item
No. 7 which was pulled for discussion. Ayes: Paul, Chao, Moore, Wei, and Willey. Noes:
None. Abstain: None. Absent: None.
7. Subject: Approve the February 6 City Council minutes
Recommended Action: Approve the February 6 City Council minutes
Paul moved and Willey seconded to direct staff to bring back approval of the February 6
City Council minutes in the March 16, 2021 regular Council meeting with the following
changes:
• Delete “Exhibit A” from the draft minutes
• Omit “Exhibit A” (in Item 7, “B”) as part of the attachments to the agenda item
• Delete “City Work Plan” section of the draft minutes
• Under “Wrap Up and Next Steps” section of the draft minutes:
[Delete first paragraph and insert into the beginning of this section]:
After a brief stretch break, Ms. Feng began to discuss the City’s Work Plan, but
Councilmember Moore at that point raised concerns with regard to considering the City
Council’s Work Plan at a workshop where the Work Plan had not been noticed as an
item for discussion. Mayor Paul agreed with the concern regarding notice and asked
that the City Manager bring back the item at a duly noticed meeting. The City Manager
committed to following up on the items identified by Council in the workshop to be
addressed at another meeting. The topics are listed below.
Mayor Paul opened the public comment period and the following people spoke.
Jennifer Griffin supported the proposed amendments and noticing accurately.
Lisa Warren supported the proposed amendments and noticing accurately.
Mayor Paul closed the public comment period.
City Council Minutes March 2, 2021
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Moore made a friendly amendment to add, “no members of the public were present at
the meeting.” (Paul and Willley accepted the friendly amendment).
Chao made a friendly amendment to add, “the meeting was not broadcast on the City
website or City Channel.” (Paul and Willley accepted the friendly amendment).
Moore made a friendly amendment to add, “identify the author of the minutes.” (Paul
and Willley accepted the friendly amendment).
Paul’s motion as amended by Moore and Chao carried unanimously.
Final motion:
Paul moved and Willey seconded to direct staff to bring back approval of the February
6 City Council minutes in the March 16, 2021 regular Council meeting with the
following changes:
• Delete “Exhibit A” from the draft minutes
• Omit “Exhibit A” (in Item 7, “B”) as part of the attachments
to the agenda item
• Delete “City Work Plan” section of the draft minutes
• Under “Wrap Up and Next Steps” section of the draft minutes:
[Delete first paragraph and insert into the beginning of this section]:
After a brief stretch break, Ms. Feng began to discuss the City’s Work Plan, but
Councilmember Moore at that point raised concerns with regard to considering the City
Council’s Work Plan at a workshop where the Work Plan had not been noticed as an
item for discussion. At this point in the meeting, no members of the public were
present. The meeting was not broadcast on the City website or City Channel. Mayor
Paul agreed with the concern regarding notice and asked that the City Manager bring
back the item at a duly noticed meeting. The City Manager committed to following up
on the items identified by Council in the workshop to be addressed at another meeting.
The topics are listed below.
• Identify author of the minutes
The motion carried unanimously.
8. Subject: Approve the February 16 City Council minutes
Recommended Action: Approve the February 16 City Council minutes
STUDY SESSION
City Council Minutes March 2, 2021
Page 8
9. Subject: Review Council goals, City Work Program updates, and proposed draft FY
2021‐2022 City Work Program.
Recommended Action: Review Council goals, City Work Program updates, and
proposed draft FY 2021‐2022 City Work Program and provide any input.
Written communications for this item included a staff presentation and an email to
Council.
City Manager Deborah Feng gave a presentation.
Councilmembers asked questions and made comments.
Mayor Paul opened the public comment period and the following people spoke.
Jennifer Griffin supported holding a longer special goal setting meeting.
Bicycle Pedestrian Commissioner Ilango Ganga (representing self) supported the Vision
Zero program and a longer session to explain individual work program items.
Peggy Griffin supported focusing on setting revised goals according to new priorities
and allocating adequate time to review the items. (Submitted written comments).
Housing Commissioner Connie Cunningham (representing self) supported locations for
affordable housing, Extremely‐Low Income (ELI) for disadvantaged people, and
Climate Change 2.0.
Lisa Warren supported holding a longer recorded meeting on the work program and
potentially re‐prioritizing items.
Mayor Paul closed the public comment period.
Council reviewed Council goals, City Work Program updates, and proposed draft FY
2021‐2022 City Work Program and directed staff to schedule a special goal‐setting
session in March.
SECOND READING OF ORDINANCES
City Council Minutes March 2, 2021
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10. Subject: Consider and act on Ordinance No. 21‐2223: ʺAn Ordinance of the City
Council of the City of Cupertino Adding Title 17 and Chapter 17.08 to the Cupertino
Municipal Code, Replacing Level of Service (LOS) with Vehicle Miles Traveled (VMT)
For Use in Transportation Analysis Pursuant to the California Environmental Quality
Act (CEQA)”Transition from Level of Service (LOS) to Vehicle Miles Traveled (VMT)
for determination of transportation impacts under the California Environmental
Quality Act (CEQA), as required by Senate Bill (SB) 743,ʺ which includes a finding that
adoption of the ordinance is exempt from the California Environmental Quality Act
Recommended Action: Conduct the second reading and enact Ordinance No. 21‐2223
ʺAn Ordinance of the City Council of the City of Cupertino Adding Title 17 and
Chapter 17.08 to the Cupertino Municipal Code, Replacing Level of Service (LOS) with
Vehicle Miles Traveled (VMT) For Use in Transportation Analysis Pursuant to the
California Environmental Quality Act (CEQA)”Transition from Level of Service (LOS)
to Vehicle Miles Traveled (VMT) for determination of transportation impacts under the
California Environmental Quality Act (CEQA), as required by Senate Bill (SB) 743,”
which includes a finding that adoption of the ordinance is exempt from the California
Environmental Quality Act
City Clerk Kirsten Squarcia read the title of Ordinance No. 21‐2223 ʺAn Ordinance of
the City Council of the City of Cupertino Adding Title 17 and Chapter 17.08 to the
Cupertino Municipal Code, Replacing Level of Service (LOS) with Vehicle Miles
Traveled (VMT) For Use in Transportation Analysis Pursuant to the California
Environmental Quality Act (CEQA)”Transition from Level of Service (LOS) to Vehicle
Miles Traveled (VMT) for determination of transportation impacts under the California
Environmental Quality Act (CEQA), as required by Senate Bill (SB) 743,”
Mayor Paul opened the public comment period and the following people spoke.
Jennifer Griffin supported keeping Level of Service (LOS) as a tool for transparency.
Mayor Paul closed the public comment period.
Wei moved and Willey seconded to conduct the second reading of Ordinance No. 21‐
2223 by title only and that the City Clerk’s reading would constitute the second reading
thereof; and to enact Ordinance No. 20‐2223. Ayes: Paul, Chao, Moore, Wei, and Willey.
Noes: None. Abstain: None. Absent: None.
PUBLIC HEARINGS ‐ None
ORDINANCES AND ACTION ITEMS
City Council Minutes March 2, 2021
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11. Subject: Accept the Mid‐Year Financial Report for Fiscal Year 2020‐21; consider
approving a Budget Modification increasing appropriations by $32,626,692 and
revenues by $34,509,156.
Recommended Action: 1. Accept the City Manager’s Mid‐Year Financial Report for FY
2020‐21.
2. Adopt Resolution No. 21‐017 approving Budget Modification #2021‐122 increasing
appropriations by $32,626,692 and revenues by $34,509,156.
Written communications for this item included a staff presentation.
Director of Administrative Services Kristina Alfaro and Finance Manager Zach Korach
gave a presentation.
Councilmembers asked questions and made comments.
Mayor Paul opened the public comment period and the following people spoke.
Jennifer Griffin asked about new online sales tax collections and recovery in retail brick
and mortar revenue and transiency occupancy tax (TOT).
Mayor Paul closed the public comment period.
Moore moved and Wei seconded to:
1. Accept the City Manager’s Mid‐Year Financial Report for FY 2020‐21; and
2. Adopt Resolution No. 21‐017 approving Budget Modification #2021‐122 increasing
appropriations by $32,626,692 and revenues by $34,509,156.
Paul made a friendly amendment to add “as amended” to the motion. (Wei and Moore
accepted the friendly amendment).
Final motion:
Moore moved and Wei seconded to:
1. Accept the City Manager’s Mid‐Year Financial Report for FY 2020‐21; and
2. Adopt Resolution No. 21‐017 as amended approving Budget Modification #2021‐122
increasing appropriations by $32,626,692 and revenues by $34,509,156.
City Council Minutes March 2, 2021
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Amendments to the Draft Resolution:
Appropriation
Amendment by Fund
Appropriation
Amendment
Revenue
Amendment
Fund Balance
(Use of)
General Fund $43,758,334 $32,048,517 ($11,709,817)
Capital Projects Funds $1,058,157 $20,705,438 ($19,647,281)
Total Appropriation
Amendment All Funds $44,816,491 $52,753,955 $7,937,464
Appropriation
Amendment by Fund
Appropriation
Amendment
Revenue
Amendment
Fund Balance
(Use of)
General Fund $5,076,800 $3,590,452 ($1,486,348)
Debt Service Fund $27,549,892 $25,918,704 ($1,631,188)
Capital Projects Funds $‐ $5,000,000 $5,000,000
Total Appropriation
Amendment All Funds $32,626,692 $34,509,156 $1,882,464
Moore’s motion as amended by Paul carried unanimously.
Council recessed from 10:28 p.m. to 10:33 p.m.
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.
Recommended Action: Conduct the first reading of 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 adoption of the
ordinance is exempt from the California Environmental Quality Act.
Written communications for this item included a staff presentation.
Public Health Policy & Law Consultant Leslie Zellers gave a presentation.
Councilmembers asked questions and made comments.
City Council Minutes March 2, 2021
Page 12
Mayor Paul opened the public comment period and the following people spoke.
Vanessa Marvin supported adoption of the Ordinance to prohibit smoking in multi‐unit
housing and certain outdoor areas.
Jennifer Griffin supported also regulating Accessory Dwelling Units (ADU’s) and Junior
Accessory Dwelling Units (JADU’s).
Thao Vu, on behalf of Breathe California, supported adoption of the Ordinance.
Peggy Griffin supported regulation of smoking on sidewalks and was concerned about
cigarette butts and litter. (Submitted written comments).
Housing Commissioner Tessa Parish (representing self) supported adoption of the
Ordinance.
Jen Grand‐Lejano, on behalf of the American Cancer Society Cancer Action Network,
supported adoption of the Ordinance and regulations for owner‐occupied units.
Carol Baker, on behalf of the Tobacco Coalition of Santa Clara County (SCC), supported
adoption of the Ordinance.
Mayor Paul closed the public comment period.
City Clerk Kirsten Squarcia read the title of Ordinance No. 21‐2224 as amended: “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 adoption of the
ordinance is exempt from the California Environmental Quality Act.
Moore moved and Wei seconded to conduct the first reading of Ordinance No. 21‐2224
as amended by title only and that the City Clerk’s reading would constitute the first
reading thereof. Ayes: Paul, Chao, Moore, Wei, and Willey. Noes: None. Abstain: None.
Absent: None.
City Council Minutes March 2, 2021
Page 13
Amendments to Draft Ordinance, Page 2 (in bold):
I. “Multi‐unit Residence” means property containing two or more attached units,
including, but not limited to, apartment buildings, condominiums, duplexes and
triplexes, senior and assisted living facilities, and long‐term health care facilities. Multi‐
unit Residences do not include the following:
6. a detached single‐family home with a an attached or detached accessory
dwelling unit or second unit.
Council also directed staff to return after researching how other cities address setbacks
of designated smoking areas from neighboring properties and to have a draft ordinance
amendment to include detached Accessory Dwelling Units (ADUs) and Junior
Accessory Dwelling Units (JADUs).
ORAL COMMUNICATIONS ‐ CONTINUED (As necessary) ‐ None
COUNCIL AND STAFF COMMENTS AND FUTURE AGENDA ITEMS
Councilmembers added the following future agenda items:
Adopt a resolution of support for the Asian American Pacific Islander (AAPI)
community and condemning racially motivated violence and hate crimes (Wei/Paul)
Discuss adopting a resolution in support of a carbon fee to address climate change
(Wei/Willey)
ADJOURNMENT
At 11:57 p.m., Mayor Paul adjourned the meeting.
_____________________________
Kirsten Squarcia, City Clerk