CC 08-17-2021 Agenda1
TELECONFERENCE MEETING WITHOUT A PHYSICAL LOCATION
For more information:
(408) 777-3200 │ www.cupertino.org
AGENDA OF THE
CUPERTINO CITY COUNCIL
Tuesday, August 17, 2021
Televised Regular Meeting (6:45)
CITY COUNCIL
DARCY PAUL, MAYOR
LIANG CHAO, VICE MAYOR
KITTY MOORE, COUNCILMEMBER
HUNG WEI, COUNCILMEMBER
JON ROBERT WILLEY, COUNCILMEMBER
CONDUCT OF BUSINESS
The Mayor is the presiding officer of the City Council. Any member of
the public may speak on any item on the agenda for up to three
minutes. All statements and questions must be addressed to the
Mayor.
City Council hearings serve as a venue for the discussion of sometimes
divergent points of view. Please respect the opinions of others and
refrain from cheering or clapping. That may delay the meeting or
intimidate other persons wishing to express alternate views. Actions
that disrupt the meeting will result in a warning, followed by removal
if disruption continues.
Oral public comments will be accepted during the teleconference
meeting. Comments may be made during “oral communications” for
matters not on the agenda, and during the public comment period for
each agenda item. Identifying yourself is voluntary and not required to
attend the meeting or provide comments.
FLOWCHART FOR HEARING ITEMS:
Mayor introduces
agenda item
Councilmembers report any site
visits or outside communications.
Staff reports and makes
recommendation
Applicant or
Appellant makes
presentation
(up to 10 mins.)
Speakers submit a Request to
Speak card, and are allowed up to
3 minutes per individual. Council
members may ask questions of
speakers.
Mayor invites members of
the public to speak about
the agenda item
Councilmembers ask questions.
For appeals of approvals, the
applicant may respond to
appellants presentation.
City Council
votes on the
agenda item
Council holds initial discussions
and/or a Councilmember makes a
motion and obtains a second.
The City Council then discusses and
deliberates on the motion(s) and
votes.
Mayor closes the
hearing
Councilmembers ask clarifying
questions.
PUBLIC HEARINGS
The City Council is required by law to
hold public hearings on certain matters
prior to making its decision. Notice to
interested parties is given by legal
advertisement in the local newspaper of
general circulation at least 10 calendar
days preceding the hearing date.
Applications requiring public hearings
include change of zoning, variances, use
permits, and tentative maps.
COUNCIL MEETINGS
The City Council regularly meets the first
and third Tuesdays of each month. These
meetings are held at 6:45 p.m. Closed
sessions, when needed, are normally held
at 6:00 p.m. Closed sessions cover items
such as personnel, litigation, or the sale ,
purchase, or lease of property. The law
requires certain actions taken in closed
session to be reported in open session.
Urgent business, holidays, or election
days may trigger special or adjourned
meetings. These meetings will be noticed
beforehand.
AGENDAS, MINUTES, AND PACKETS
AVAILABLE ON THE WEB
Agendas, minutes, and packets for
current and prior City Council and
Planning Commission meetings are
available at www.cupertino.org, or you
can purchase the items on CD.
CITY COUNCIL DECISION IS FINAL
Prior to seeking judicial review of any
adjudicatory (quasi‐judicial) decision,
interested persons must file a petition for
reconsideration within ten calendar days
of the date the City Clerk mails notice of
the City’s decision. Reconsideration
petitions must comply with the
requirements of Cupertino Municipal
Code §2.08.096. Contact the City Clerk’s
office for more information or go to
www.http://www.cupertino.org/index.as
px?page=125 for a reconsideration
petition form.
Mayor Invites
applicant/appellant to
repond to public
CITY OF CUPERTINO
CITY COUNCIL
AGENDA
This will be a teleconference meeting without a physical location .
Tuesday, August 17, 2021
6:45 PM
Televised Regular Meeting
TELECONFERENCE / PUBLIC PARTICIPATION INFORMATION TO HELP STOP THE
SPREAD OF COVID-19
In accordance with Governor Newsom’s Executive Order No-29-20, this will be a
teleconference meeting without a physical location to help stop the spread of COVID-19.
Members of the public wishing to observe the meeting may do so in one of the following
ways:
1) Tune to Comcast Channel 26 and AT&T U-Verse Channel 99 on your TV.
2) The meeting will also be streamed live on and online at www.Cupertino.org/youtube
and www.Cupertino.org/webcast
Members of the public wishing to comment on an item on the agenda may do so in the
following ways:
1) E-mail comments by 4:30 p.m. on Tuesday, August 17 to the Council at
citycouncil@cupertino.org. These e-mail comments will also be forwarded to
Councilmembers by the City Clerk’s office before the meeting and posted to the City’s
website after the meeting.
2) E-mail comments during the times for public comment during the meeting to the City
Clerk at cityclerk@cupertino.org. The City Clerk will read the emails into the record, and
display any attachments on the screen, for up to 3 minutes (subject to the Mayor’s
discretion to shorten time for public comments). Members of the public that wish to share a
document must email cityclerk@cupertino.org prior to speaking.
3) Teleconferencing Instructions
Members of the public may provide oral public comments during the teleconference
meeting as follows:
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City Council Agenda August 17, 2021
Oral public comments will be accepted during the teleconference meeting. Comments may
be made during “oral communications” for matters not on the agenda, and during the
public comment period for each agenda item.
To address the City Council, click on the link below to register in advance and access the
meeting:
Online
Register in advance for this webinar:
https://cityofcupertino.zoom.us/webinar/register/WN_aiDQPoFiSX27gRHiX0XEbw
Phone
Dial: 669-900-6833 and enter Webinar ID: 980 2090 9915 (Type *9 to raise hand to speak, *6 to
unmute yourself). Unregistered participants will be called on by the last four digits of their
phone number.
Or an H.323/SIP room system:
H.323:
162.255.37.11 (US West)
Meeting ID: 980 2090 9915
SIP: 98020909915@zoomcrc.com
After registering, you will receive a confirmation email containing information about
joining the webinar.
Please read the following instructions carefully:
1. You can directly download the teleconference software or connect to the meeting in your
internet browser. If you are using your browser, make sure you are using a current and
up-to-date browser: Chrome 30+, Firefox 27+, Microsoft Edge 12+, Safari 7+. Certain
functionality may be disabled in older browsers, including Internet Explorer.
2. You will be asked to enter an email address and a name, followed by an email with
instructions on how to connect to the meeting. Your email address will not be disclosed to
the public. If you wish to make an oral public comment but do not wish to provide your
name, you may enter “Cupertino Resident” or similar designation.
3. When the Mayor calls for the item on which you wish to speak, click on “raise hand,” or,
if you are calling in, press *9. Speakers will be notified shortly before they are called to
speak.
4. When called, please limit your remarks to the time allotted and the specific agenda topic.
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City Council Agenda August 17, 2021
In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to
attend this teleconference City Council meeting who is visually or hearing impaired or has
any disability that needs special assistance should call the City Clerk's Office at
408-777-3223, at least 48 hours in advance of the Council meeting to arrange for assistance.
In addition, upon request, in advance, by a person with a disability, City Council meeting
agendas and writings distributed for the meeting that are public records will be made
available in the appropriate alternative format.
PLEDGE OF ALLEGIANCE
ROLL CALL
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
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
Staff Report
A - Instructions on how to use the California Legislature Letter Portal
B - Flowchart of California's 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.
A - Proclamation
POSTPONEMENTS AND ORDERS OF THE DAY
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
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City Council Agenda August 17, 2021
ORAL COMMUNICATIONS
This portion of the meeting is reserved for persons wishing to address the Council on any matter within
the jurisdiction of the Council and not on the agenda. The total time for Oral Communications will
ordinarily be limited to one hour. Individual speakers are limited to three (3) minutes. As necessary, the
Chair may further limit the time allowed to individual speakers, or reschedule remaining comments to
the end of the meeting on a first come first heard basis, with priority given to students. In most cases,
State law will prohibit the Council from discussing or making any decisions with respect to a matter
not listed on the agenda. A councilmember may, however, briefly respond to statements made or
questions posed by speakers. A councilmember may also ask a question for clarification, provide a
reference for factual information, request staff to report back concerning a matter, or request that an
item be added to a future City Council agenda in response to public comment.
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
6.Subject: City Manager update on emergency response efforts
Recommended Action: Receive City Manager update on emergency response efforts
7.Subject: Report on Committee assignments
Recommended Action: Report on Committee assignments
CONSENT CALENDAR (Items 8-18)
Unless there are separate discussions and/or actions requested by council, staff or a member of the
public, it is requested that items under the Consent Calendar be acted on simultaneously.
8.Subject: Approve the July 20 City Council minutes
Recommended Action: Approve the July 20 City Council minutes
A - Draft Minutes
9.Subject: Approve the July 22 City Council minutes
Recommended Action: Approve the July 22 City Council minutes
A - Draft Minutes
10.Subject: Approve the July 27 City Council minutes
Recommended Action: Approve the July 27 City Council minutes
A - Draft Minutes
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City Council Agenda August 17, 2021
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.
Staff Report
A - Draft Resolution
B - Vicinity Map of 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 Agency's 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 Agency's National
Flood Insurance Program.
Staff Report
A - Draft Resolution
B - 2021 Santa Clara County Multi-Jurisdictional Program for Public Information
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
Draft Resolution
B - AP Report
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
A - Draft Resolution
B - AP Report
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
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City Council Agenda August 17, 2021
A - Draft Resolution
B - AP Report
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
A - Draft Resolution
B - AP Report
17.Subject: Consider approving Resolution No. 21-078 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.
A - Staff Report
B - Draft Resolution
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
A - Staff Report
B - Treasurer's Report 6.30.2021
C - WF Custodial Statement 6.30.2021
D - WF Workers' Compensation Statement 6.30.2021
E - WF Operating Statement 6.30.2021
F - LAIF Statement 6.30.2021
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: Staff recommends that City Council authorize the City
Manager to sign a Professional Services Agreement with ___________________ to
provide plan check services for all buildings proposed in the Westport Cupertino
project in the amount not-to-exceed ____________________.
Staff Report
A – Draft Contract
Page 6
City Council Agenda August 17, 2021
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
Staff Report
A - Draft Resolution CP-2020-003
B - Redlines
C - Proposed Workflow
D - Existing Workflow
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 .”
Staff Report
A - Draft Urgency Ordinance
B - Outdoor dining survey
C - TOD Permit Application
ORAL COMMUNICATIONS - CONTINUED (As necessary)
COUNCIL AND STAFF COMMENTS AND FUTURE AGENDA ITEMS
ADJOURNMENT
The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6; litigation
challenging a final decision of the City Council must be brought within 90 days after a decision is
announced unless a shorter time is required by State or Federal law.
Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must
file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the
City’s decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal
Code §2.08.096. Contact the City Clerk’s office for more information or go to
http://www.cupertino.org/cityclerk for a reconsideration petition form.
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City Council Agenda August 17, 2021
In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend this
teleconference meeting who is visually or hearing impaired or has any disability that needs special
assistance should call the City Clerk's Office at 408-777-3223, at least 48 hours in advance of the
meeting to arrange for assistance. In addition, upon request, in advance, by a person with a disability,
meeting agendas and writings distributed for the meeting that are public records will be made available
in the appropriate alternative format.
Any writings or documents provided to a majority of the Cupertino City Council after publication of
the packet will be made available for public inspection in the City Clerk’s Office located at City Hall,
10300 Torre Avenue, during normal business hours and in Council packet archives linked from the
agenda/minutes page on the Cupertino web site.
IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipal Code 2.08.100
written communications sent to the Cupertino City Council, Commissioners or City staff concerning a
matter on the agenda are included as supplemental material to the agendized item. These written
communications are accessible to the public through the City’s website and kept in packet archives. You
are hereby admonished not to include any personal or private information in written communications to
the City that you do not wish to make public; doing so shall constitute a waiver of any privacy rights
you may have on the information provided to the City .
Page 8
THE CITY COUNCIL AND STAFF
CITY COUNCIL
Cupertino is a General Law city organized under and subject to statutes of the State of California. It is governed by
the five‐member City Council with the Mayor as the presiding officer. City Council members are elected at‐large to
four‐year, overlapping terms. Each November a mayor and a vice‐mayor are selected by the City Council for a one‐
year term.
The City Council receives advice and assistance from eleven advisory bodies, which are appointed by the Council.
These are the Audit Committee, Bicycle Pedestrian Commission, Fine Arts Commission, Housing Commission,
Library Commission, Parks and Recreation Commission, Planning Commission, Public Safety Commission,
Sustainability Commission, Teen Commission, and Technology, Information, and Communications Commission.
Council members also serve on a variety of regional bodies, including:
∙ Association of Bay Area Governments
∙ League of California Cities
∙ Santa Clara County (SCC)Cities Association
∙ SCC Emergency Preparedness Council
∙ SCC Library District
∙ SCC Emergency Preparedness Commission
∙ Santa Clara Valley Water Commission and Water District
∙ SCC Transportation Authoritym
∙ West Valley Mayors and Managers
STAFF
The City Manager and the City Attorney are appointed by the Council. The City Manager is responsible for
interpreting and carrying out Council policies and direction, and as the chief administrative officer, the City Manager
coordinates the many activities of the city and appoints the professional and technical staff. The City Attorney is the
advisor to the City Council as a whole.
TYPES OF COUNCIL ACTIONS
ORDINANCES
Ordinances are the means by which the City enacts its local laws. Unless an urgent situation exists, ordinances will
first be presented at a Council meeting as a “first reading." At a subsequent Council meeting, there will be a “second
reading and adoption." Ordinances go into effect after a waiting period of thirty days, in most cases, during which
time the summary of the ordinance is published in a local newspaper approved for this purpose.
RESOLUTIONS
Resolutions and minute orders are the means by which the City Council formally adopts policies or approves specific
actions. These go into effect when adopted.
APPEALS
Any interested person, including a Council member, may appeal a Planning Commission or Director of Community
Development decision to the City Council. An appeal must be submitted in writing to the City Clerk within 14
calendar days of the mailing of the notice of the decision.
RECONSIDERATION
Prior to seeking judicial review of any adjudicatory (quasi‐judicial) decision, interested persons must file a petition
for reconsideration within ten calendar days of the date the City Clerk mails notice of the City’s decision.
Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the
City Clerk’s office for more information or go to www.http://www.cupertino.org/index.aspx?page=125 for a
reconsideration petition form.
COMMUNICATING WITH COUNCIL
(408) 777‐3195
(408) 777‐3192
(408) 777‐1398
(408) 777‐3139
(408) 777‐3193
(408)777‐8204
All Council members:
Darcy Paul
Liang Chao
Kitty Moore
Hung Wei
Jon Robert Willey
Executive Assistant
City Hall
citycouncil@cupertino.org
DPaul@cupertino.org
LiangChao@cupertino.org
Kmoore@cupertino.org
HWei@cupertino.org
JWilley@cupertino.org
AshleyS@cupertino.org
www.cupertino.org (408) 777‐CITY
Please note: the City Council discourages submission of written materials on the day of the meeting as this does not
provide enough time to give the materials fair evaluation. If you must provide written materials on the day of the
meeting, as least one copy must be given to the City Clerk for the permanent record, and ten copies are preferred.
NEWS AND NOTICES FROM CITY HALL
EMAIL
Sign up for e‐notification of agendas, elections, and other news on the city website at www.cupertino.org/notify
TELEVISION
The City Channel broadcasts City Council and Planning Commission meetings , as well as agenda previews, public
service announcements, and other programs of community interest, on Channel 26 in Cupertino. The meetings
are shown at these times:
Tuesday (live) 6:45 p.m. Friday (replay) 10:00 a.m.
Thursday (replay) 7:00 p.m. Saturday (replay) 9:00 a.m.
INTERNET
City Council and Planning Commission videos are available on demand at www.cupertino.org. Select "I Want
To, View City Council meetings".
News and community information can also be found at:
https://www.facebook.com/cityofcupertino/
https://twitter.com/CityofCupertino
https://www.instagram.com/cityofcupertino
AUDIO
Tune into Radio Cupertino, 1670 AM, for meeting announcements, public service messages,and emergency
announcements.
USEFUL TELEPHONE NUMBERS
City of Cupertino (City Hall) General Information and Comments (408) 777‐CITY
Fire (Emergency) Santa Clara County Fire Dept. dispatch 911
Fire (Non‐Emergency ) Santa Clara County Fire Dept.(408)378‐4010
Garbage Recology South Bay (408) 725‐4020
Gas & Electricity Pacific Gas & Electric (PG&E) 1‐800‐743‐5000
Recreation & Community Quinlan Community Center (408) 777‐3120
Services
Police (Emergency)Santa Clara County Sheriff dispatch 911
Police (Non‐Emergency) Santa Clara County Sheriff (408) 868‐6600
Public Health Santa Clara County Public Health (408) 732‐3720
Sanitary Sewers Cupertino Sanitary District (408) 253‐7071
Water San Jose Water (408) 279‐7900
California Water (650) 917‐0152