CC 11-16-2021 (Special)CUPERTINO
APPROVED MINUTES
CUPERTINO CITY COUNCIL
Tuesday, November 16, 2021
SPECIAL MEETING
At 5:15 p.m. Mayor Darcy Paul called the Special City Council meeting to order. Tliis was a
teleconference meeting with no physical location.
ROLL CALL
Present: Mayor Darcy Paul, Vice Mayor Liai'ig Chao, and Councilmembers Kitty Moore, Hung
Wei, ai'id Jon Robert Willey. Absent: None. All Councilmembers teleconferenced for the
meeting.
STUDY SESSION
l: Housing Element Update: Sites inventory and upcoming com:inunity
engagement
Recommended Action: That the City Council receive the report and provide input to
staff on the sites inventory and community engagement.
Written coinmunications for this item included a staff presentation and emails to
Council.
Cominunity Development Director Ben Fu introduced the item and EMC Planning
Group consultant Andy Flower gave a presentation.
Mayor Paul opened tlie public comment period and tlie following people spoke.
Jennifer Griffin was concerned the RHNA numbers and rules for rezoning sites that are
identified in the Housing Element and preserving the Heart of the City.
Peggy Griffin supported providing a memo on selecting adequate sites and posting a list
of stakeholders.
City Council Minutes Novembet 16, 2021
Bruce Naegel supported continuing tlie work to make buildings more sustainable
including safe aiid efficient housing.
Scott Connelly asked about ramifications if the City cannot meet the RHNA numbers
requirement and whether the Vallco development would reduce those numbers.
Ryai'i O'Connell supported greater transparency and a good faith effort to provide
housing sites that will get developed in a responsible way that benefits the community.
Mayor Paul dosed the public comment period.
Councilmembers asked questions and made comments.
Council received the report and provided input to staff on the sites inventory and
community engagement.
2. 5: Consider Climate Action Plan Update draft measures
Recommended Action: Provide input on Climate Action Plan Update draft measures
Written communications for this item included a staff presentation and emails to
Council.
Sustainability Manager Andre Duurvoort introduced the item and Climate and Utilities
Analyst Gilee Corral gave a presentation.
Mayor Paul opened the public comment period and the following people spoke.
Paul Soto supported adopting an objective defii"iit-ion for "equity."
Giuliana Pendleton, on behalf of Santa Clara Valley Audubon Society, supported the
inclusion of a tree canopy goal and adopting a biodiversity goal.
Sean Hughes supported a thorough Council review of the proposed measures and
prioritizing the l"iighest impact measures.
Housing Commissioner Connie Cunningham (representing self) supported the inclusion
of the Climate Action Plan in the City Work Program and protecting biodiversity.
Tara Sreekrishnan supported increasing cIlimate action efforts in the education sector
and submitted email comments on behalf of the following:
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City Council Minutes November 16, 2021
Elise Chiu, ox-i behalf of Silicon Valley Youth Climate Action Team, supporting
developing climate action plans in schools and regulating plai'it species;
Kunal Gupta, on belialf of Silicon Valley Youth Climate Action Team and CHS
Environmental Club, supporting ambitious carbon reduction goals in Cupertino; aitd
Gwyn Azar, on behalf of Silicon Valley Youtl"i Climate Action Team, supporting a
stronger GHG reduction goal ai"id climate action plans in schools.
Sarali Liu, on behalf of Silicon Valley Youth Climate Action Team, supported stronger
goals for the proposed Plan and climate action plans for school districts.
Jennifer Griffin was concerned about the implementation of SB 9 and SB 10 and losing
much of the tree canopy in Cupertino.
Peggy Griffin supported presenting significant impacts to businesses and residents and
modifications to the Plan. (Submitted written comments).
Lisa Warren supported the inclusion of a tree canopy goal and ait analysis of tlie impacts
of State housing bills, and modifications to the definition of "equity."
Eugene Lin supported the Plan and using native trees in the tree canopy goal.
Bruce Naegel supported continued citizen outreach, defining "equity," and ensuring
equity among households wlien managing transportation issues.
Dashiell Leeds, on behalf of Sierra Club Loma Prieta Chapter, supported increased
biodiversity and stronger goals, equity issues, and building decarbonization.
Mayor Paul closed the public comment period.
Councilmembers asked questions and made comments.
Council provided input on the Climate Action Plan Update draft measures. Some of the
comments from two or more Councilmembers included:
General support for tlie efforts of the Climate Action Plan update
Support for an aggressive/accelerated plan
Interest in a tree canopy measure with further study on indusion of native trees
and protection of existing trees
A desire for a clearer definition of equity
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ADJOURNMENT
At 6:42 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.
ROLt CALL
Present: Mayor Darcy Paul, Vice Mayor Liang Chao, and Councilmembers Kitty Moore, Hung
Wei, and Jon Robert Willey. Absent: None. All Councilme'inbers teleconferenced for the
meeting.
ORDERS OF THE DAY
Paul moved and Wei seconded to reorder the agenda to hear Item No. 14 Consider
appointment of the selected candidate as City Maiiager, approval of the employment
agreement, and amending the Appointed Employee's Compensation Program after Orders of
tl'ie Day. Tlie motion carried unanimously.
Council heard Item No. 14 before Ceremonial Matter and Presentations.
CEREMONIAL MATTERS AND PRESENT ATIONS
1.$: Proclamation to Women Impacting Public PoIicy (WIPP) and the Small
Business Saturday Coalition supporting Small Business Saturday in Cupertino
Recommended Action: Present proclamation to Women Impacting Public Policy
(WIPP) and the Small Business Saturday Coalition supporting Small Business Saturday
in Cupertino
Anjali Kauser, on behalf of the Cupertino Cliamber of Commerce, received the
proclamation.
Mayor Paul presented the proclamation supporting Small Business Saturday in
Cupertino
POSTPONEMENTS
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City Council Minutes Novembet 16 2021
Paul moved aiid Moore seconded to continue Item No. 17 Consider conducting a first reading
of ax-i ordinance that prolnbits parking along tlie west side of Vista Drive between Forest
Avenue and Merritt Drive, and along the south side of Merritt Drive between Vista Drive and
tlie western ei'id, to accommodate the construction of a Class IV bicycle lanes to a date
uncertain. The motion carried unanimously.
ORAL COMMUNICATIONS
Jennifer Griffin was concerned about potential new State housing bills being introduced in
January and loss of local control.
Planning Commissioner Muni Madhdhipatla (representing self) supported Vice Mayor Chao's
personal stance in a discussion and opposed those groups requesting an apology from her.
Tony G. was concerned tliat Vice Mayor Chao's personal comments on tl"ie Chinese Exclusion
Act were taken out of context and opposed negative comments on social media.
Yi Ding discussed the Vice Mayor's personal statement on tlie Chinese Exclusion Act aiid
expressed opposition for the Act.
Pilar Furlong, on behalf of the Bill Wilson Center, supported November as "Runaway aiid
Homeless Youth Prevention Montli" and resources for youth in crisis.
Brooke Ezzat opposed attacks against Vice Mayor Chao concerning lier personal comments in
an online parent group and supported voting for her as a City Council candidate in 2022.
Tessa Parisli opposed attacks against Vice Mayor Chao concerning her personal comments in
an online discussion and supported voting for her as a City Council candidate in 2022.
Alex Vobansa supported creating a City Commission to study Cupertino's history and role in
tlie region concerning discriminatory policies against Asian Americans.
Parks and Recreation Commissioner Minna Xu (representing self) opposed attacks against Vice
Mayor Chao concerning her personal comments in a local parents group discussion.
CC Zhou supported Vice Mayor Chao's help in the community to fight school closures and
opposed unfair comments concerning l-ier personal comments in an online discussion.
Paul Soto supported the City crafting a legal definition for "equity."
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City Council Minutes Novembet 16, 2021
Seait Hughes opposed Vice Mayor Chao's recent personal comments on racism aitd her defense
of those comments.
Lisa Warren opposed calling for public figures to apologize for expressing personal opinions as
cihzens.
Gilbert Wong thanl<ed Vice Mayor Chao for personally acknowledging that the Chinese
Exclusion Act is racist and supported a symposium on diversity, equity, and inclusion.
Calley Wang was disappointed on how Vice Mayor Chao's personal comments were reported
and found her use of tlie Chinese Exclusion Act disappointing.
REPORTS BY COUNCIL AND STAFF (10 minutes)
2.5: Brief reports on council'inember activities and brief aimouncements
Recommended Action: Receive brief reports on councilmember activities and brief
announcements
Written Communications for this item included Cupertino Mayor's Corner November
16, 2021 and Vice Mayor Cliao's personal statement.
Chao moved and Willey seconded to allow Vice Mayor Chao to read a 3-minute
personal statement. The motion carried with Paul voting no.
Council received brief reports on councilmember activities and brief a+'tnouncements.
3, $: Report on Committee assignments
Recommended Action: Report on Committee assignments
Councilmembers highlighted the activities of tlieir various committees.
4.$: City Manager update
Recommended Action: Receive City Manager update on emergency response efforts
and other City business
Interim City Manager Greg Larso:it reported on Wilson Park Upgrades, upcoming
holiday events; Covid-'I9 testing, vaccinations, boosters, and mask mandates; and the
Lawrence Mitty Master Plan.
Council received the City Manager updates on emergency response efforts and other
City business.
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CONSENT CALENDAR (Items 5-13)
Wei moved and Willey seconded to approve the items on the Consent Calendar except for Itein
No. 13 whicli was pulled for discussion. Ayes: Paul, Chao, Moore, Wei, aiid Willey. Noes:
None. Abstain: None. Absent: None.
5. $: Approve the November 2 City Council minutes
Recommended Action: Approve tlie November 2 City Council minutes
l: Department of Housing and Community Development (HCD) Permanent
Local Housing Allocation Funding (PHLA) Grants Program Application
Recommended Action: Adopt Resolution No. 21-100 authorizing application for, and
receipt of, PHLA Grants Program Funds
$: Adopt a resolution increasing the employer's contribution for medical and
hospitalization insurance consistent witl"i the Public Employees' Medical and Hospital
Care Act ("PEMHCA" or the "Act") for the Unrepresented (Management and
Confidential), Cupertino Employees' Association (Employees Association), Operating
Engineers, Local Union No. 3 (Operating Engineers), Appointed (City Attomey and
City Manager), Elected Official groups and retired annuitants.
Recommended Action: 1. Adopt Resolution No. 21-101 fixing tlie employer
contribution under the public e:inployees' medical ai"id hospital care act at an equal
amount for employees and annuitants. (Employees and Annuitants hired prior to
August 1, 2004).
2. Adopt Resolution No. 21-102 fixing the employer's contribution for public agency
vesting under section 22893 of the public employees' Medical aitd Hospital Care Act.
(Retirees hired on/after August 1, 2004). '
8. 5: Accept Accounts PayabIe for the period ending October 4, 2021
Recommended Action: Adopt Resolution No. 21-103 accepting Accounts Payable for
the period ending October 4, 2021
9. $: Accept Accounts Payable for the period ending October 11, 2021
Recommended Action: Adopt Resolution No. 21-104 accepting Accounts Payable for
the period endiitg October 11, 2021
10. l: Accept Accounts Payable for the period ending October 18, 2021
Recommended Action: Adopt ResoIution No. 21-105 accepting Accounts Payable for
the period ending October 18, 2021
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Cit'y Council Minutes . Novembet 16, 2021
11. $: Accept Accounts Payable for the period ending October 25, 2021
Recommended Action: Adopt Resolution No. 21-106 accepting Accounts Payable for
the period ending October 25, 2021
12. $: Consider accepting Treasurer's Investment Report for period ending
September 30, 2021
Recommended Action: Consider accepting Treasurer's Investn"ient Report for period
ending September 30, 2021
13, $: Consider donations from the Library Foundation for the Cupertino Library
' Expansion Project.
Recommended Action: Authorize the City of Cupertino to accept all monetary
donations from the Cupertino Library Foundation for the Library Expansion Project
(Project No. 2020-03) in accordance with the City Donation Policy (Attachment A.)
Mayor Paul opened the public comment period and the following people spoke.
Gilbert Wong supported the Cupertino Library fundraiser for Phase 1.
Mayor Paul closed the public comment period.
Councilmembers asked questions and made commei'its.
Council unanimously consented to table this item until the December 7 Regular City
Council meeting.
SECOND READING OF ORDINANCES - None
PUBLIC HEARINGS - None
ORDINANCES AND ACTION ITEMS
Mayor Paul read an oral summary prior to Council's approval of Item. No. 14 regarding the
City Manager's employment agreement.
Jim Throop was introduced as being selected to be Cuperti:i'io's next City Manager.
14. 5: Consider appointment of tlie selected candidate as City Manager, approval of
the employment agreement, and amending the Appointed Employee's Compensation
Program
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City Council Minutes Novembet 16, 2021
Recommended Action: Appoint the selected candidate as City Manager, effective
Ja+'iuary 3, 2022; adopt Resolution No. 21-110 to authorize the Mayor to execute the
Employment Agreement for City Manager; aitd adopt Resolution No. 21-107 to amend
the Appointed Employees' Compensation Program
Written communications for tlns item included: City Manager Appointment
Supplemental Staff Report, Draft Resolution approving the City Manager Employment
Agreement, Draft City Manager Employment Agreement, Draft Resolution amending
tlie Appointed Employees' Compensation Program, Appointed Employees
Compensation Policy (Cleaii), Appointed Employees Compensation Policy (RedIine).
Mayor Paul opened tlie public comment period and the following people spoke.
Paul Soto supported the new City Maitager learning the history of tlie area and adopting
a legal definition of "equity."
Peggy Griffin supported appointing Jim Throop as City Manager.
Planning Commissioner Muni Madhdhipatla (representing self) supported appointing
Jim Throop as City Maitager.
Mayor Paul closed the public comment period.
Councilmembers asked questions and made comments.
Paul moved and Moore seconded to appoint the selected candidate as City Manager,
effectiveJanuary 3, 2022; adopt Resolution No. 21-110 to authorize the Mayor to execute
the Employment Agreement for City Manager; and adopt Resolution No. 21-107 to
amend the Appointed Employees' Compensation Program. Tlie motion carried
unanimously.
15. $: City Manager's First Quarter Financial Report for Fiscal Year 2021-22
Recommended Action: Consider adopting Resolution No. 21-'J08 which approves
Budget Modification #2122-167 increasing appropriations and revenues by $1,601,245
and $495,289, respectively.
Administrative Services Director Kristina Alfaro and Finance Manager Zach Korach
gave a presentation.
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City Council Minutes Novembet 16, 2021
Mayor Paul opened the public comment period and, seeing no one, closed tlte public
comme:i'it period.
Councilmembers asked questions aiid made comments.
Cliao moved and Wei to adopt Resolution No. 21-108 whicli approves Budget
Modification #2122-167 increasing appropriations aitd revenues by $1,601,245 and
$495,289, respectively. The motion carried with Moore voting No.
Council recessed from 9:25 p.m. to 9:30 p.m.
26. l: Cot"isider approval of a Final Map, the Subdivision Improvement Agreement,
and tlie Affordable Housing Regulatory Agreement and Declaration of Restrictive
Covenants (tlte BMR Agreement) for Westport Cupertino Development Project; Tract
No. 10579; Applicant: 190 West St. James, LLC (KT Urban); Location: 21267 Stevens
Creek Boulevard; APN #326-27-042 & 043.
Recommended Action: Adopt Resolution No 21-109:
1) Approving the fix"ial map;
2) Accepting tlie street dedication and public service easen'ients aitd abandoning
redundant public roadway and drainage easements as sliown on the map;
3) Authorizing the City Engineer to execute and record the Subdivision Improvement
Agreement;
4) Authorizing the City Manager to execute and record the Affordable Housing
Regulatory Agreement and Declaration of Restrictive Covenants (the BMR Agreement);
and
5) Consider a request for deferral of payment for parklaiid dedication in-lieu fees.
Written communications for tl-as item included a staff presentation and emails to
Council.
Assistant Public Works Director/City Engineer Chad Mosely gave a presentation.
Mayor Paul opened the public comment period and the foIlowii"ig people spoke.
Peggy Griffin was concerned about relocating the bus stop in front of Westport and the
safety impacts for Senior Center pa'uox"is and De Anza College students.
Jerunfer Griffin supported releasing the development's BMR units to become part of the
Cupertino BMR program and opposed for-sale or profit BMR units.
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Lisa Warren was concerned about the relocatioi"i and safety of tlie bus stop aiid whether
the bike patli issues had been resolved.
San R was concerned about the bus stop being in a traffic congestion area and supported
a traffic study and replacing Oak trees.
Mayor Paul closed the public comment period.
Councilmembers asked questions and made comments.
Paul moved and Moore seconded the staff recommendation to Adopt Resolution No
21-109:
1) Approving the final map;
2) Accepting the street dedication and pulylic service easements and abandoning
redundant public roadway and drainage easements as shown on the map;
3) Authorizing tlie City Engineer to execute and record the Subdivision Improvement
Agreement;
4) Autliorizing tlie City Maitager to execute and record the Affordable Housing
Regulatory Agreement and Declaration of Restrictive Covenants (the BMR Agreement);
and
5) Allow deferred payment of the parklaitd dedication in-lieu fees until December 31,
2021 or closing of any proper3r transfer, whichever occurs first; and
6) Staff to provide a written explanation for the relocat-ion of the bus stop from the
eastside of the Stevens Creek Blvd/Mary Ave intersection, to the west side of tlie
intersection; Staff to investigate the usage by members of the Senior Center of the bus
stop at Mary Avenue and Stevens Creek Boulevard, and to report back to Council on
potential additional measures that may help enhai'ice the safety of pedestrians of the
intersection.
The motion as amended carried 11nai"'iimously.
27. l: Consider conducting a first reading of an ordinance that prohibits parking
along the west side of Vista Drive between Forest Avenue and Merritt Drive, and along
the south side of Merritt Drive between Vista Drive and the western end, to
accommodate the construction of a Class IV bicycle lanes.
Recommended Action: Conduct the first reading of Ordinance No. 21-2233, "An
Ordinance of the City Council of the City of Cupertino amending Table 11.24.150 of the
Cupertino Municipal Code Relating to Prohibition of Parking Along Certain Streets."
Written commui"iications for this item included a staff presentation and emails to
Council.
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As noted under Postponements, this item was continued to a date uncertain.
18. $: Consider conducting a first reading of an ordinance to make minor and
techiiical corrections to the Cupertino Municipal Code as follows: (1) enacting new
Sections 2.36.085 and 2.74.075 and new Chapter 2.110; (2) amending Sections 1.12.010,
2.48.020, 2.60.050, 2.68.050, 2.74.040, 2.80.090, 2.86.070, 2.92.090, 3.23.060, 8.06.030,
14.04.125, 14.18.090, 16.52.043, 16.52.053, 18.04.020, 19.102.030, and 19.104.220 and Table
19.124.040; and (3) repealing Section 11.08.020
Recommended Action: That the City Council conduct the first reading of Ordinaitce
No. 21-2234: "An Ordinance of the City Council of tlie City of Cupertino to update tlie
Municipal Code to improve City operations and bring the Cupertino Municipal Code
up to date by (1) enacting new Sections 2.36.085 and 2.74.075 and new Chapter 2.110; (2)
amending Sections 1.12.010, 2.48.020, 2.60.050, 2.68.050, 2.74.040, 2.80.090, 2.86.070,
2.92.090, 3.23.060, 8.06.030, 14.04.':[25, 14.18.090, 16.52.043, 16.52.053, 18.04.020,
19.102.030, and 19.104.220 and Table 19.124.040; and (3) repealing sectioi'i 11.08.020."
City Attorney Christoplier Jensen gave a presentation.
Mayor Paul opened the public comment period and the following people spoke.
Peggy Griffin supported having an in-house City Attorney.
Mayor Paul closed the public comment period.
Councilmembers asked questions and made comments.
City Clerk Kirstei"i Squarcia read the title of Ordinance No. 21-2234: "An Ordinance of
the City Council of the City of Cupertino to update the Municipal Code to improve
City operations and bring the Cupertino Municipal Code up to date by (1) enacting
new Sections 2.36.085 and 2.74.075 aitd new Cliapter 2.110; (2) an"iending Sections
1.12.010, 2.48.020, 2.60.050, 2.68.050, 2.74.040, 2.80.090, 2.86.070, 2.92.090, 3.23.060,
8.06.030, 14.04.125, 14.18.090, 16.52.043, 16.52.053, 18.04.020, 19.102.030, and 19.104.220
and Table 19.124.040; and (3) repealing section 11.08.020."
Wei moved and Chao seconded to read Ordinance No. 21-2234 by title only, and that
tl'ie City Clerk's reading constitutes the first reading tliereof, and that the item was not
subject to CEQA. Ayes: Moore, Wei, Willey, Chao, and Paul. Noes: None. Abstain:
None. Absent: None.
ORAL COMMUNICATIONS - CONTINUED (As necessary)
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Randy Shingai talked about Anti-Asian violence and opposed Vice Mayor Chao's persoi'ial
views of Chinese Americaiis and opposed lier as the next Cupertino Mayor.
Leon Zhu supported Vice Mayor Chao's work as a CUSD Board Member and a
Councilmember and was concerned about traffic impacts related to school closures.
Aegean Lee supported Vice Mayor Cliao's work in the community including during the school
closures process and disagreed with tliose requesting an apology for her personal comments.
Shaol-iua Yaiig supported Vice Mayor Chao ai"'id opposed faIse information that she personally
defended tlte Chinese Exclusion Act in a discussion group.
Fine Arts Commissioner Sudha Kasamsetty (representing self) supported Vice Mayor Cliao as
being honest and tliorough in her opinions and opposed personal attacks against lier.
Vera supported Vice Mayor Chao's work in the community and for the schools and opposed
the deliberately misconstrued attacks against her.
Neil Park McClintick, on behalf of Cupertino for All, was concerned about Vice Mayor Chao's
personal comments concerning the Chinese Exclusion Act and accountability.
San R supported the City Council investigating tlie school district closures and potential traffic
impacts, aiid graffiti on freeway signage.
COUNCIL AND ST AFF COMMENTS AND FUTURE AGENDA ITEMS
ADJOURNMENT
At 10:52 p.m., Mayor Paul adjourned the Regular City Council Meeting.
ib '
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