Continued and Adjourned Notice and Agenda
NOTICE OF ADJOURNMENT OF THE FEBRUARY 15, 2022
CITY COUNCIL MEETING AND NOTICE OF CONTINUATION
OF ITEM #21 HEARING (CONSIDERATION, DELIBERATION, AND DECISIONS)
AND COUNCIL AND STAFF COMMENTS AND FUTURE AGENDA ITEMS TO
THURSDAY, FEBRUARY 17, 2022, AT 7:00 PM
NOTICE IS HEREBY GIVEN that the Regular Meeting of the Cupertino City Council held
on Tuesday, February 15, 2022 at 6:45 p.m. was adjourned to a virtual Special Meeting on
Thursday, February 17, 2022 at 7:00 p.m. for purposes of continued hearing,
consideration, deliberation, and decisions on all items listed as Item #21 and Council and
Staff Comments and Future Agenda Items on the Tuesday, February 15, 2022 City
Council agenda.
21. Subject: FY 2021‐2022 City Work Program Q2 Update
Recommended Action: Receive FY 2021‐2022 City Work Program Q2 Update
Subject: Council and Staff Comments and Future Agenda Items
In accordance with Government Code 54953(e), this will be a teleconference meeting
without a physical location to help stop the spread of COVID‐19. Directions for accessing
the meeting are posted on the agenda and noted below.
Online:
https://cityofcupertino.zoom.us/webinar/register/WN_kVYtN129T9Ceac4c‐3e7Cg
Phone:
Dial 669‐900‐6833 and enter Meeting ID: 960 4152 9749
Dated this 16th day of February, 2022
Kirsten Squarcia, City Clerk
1
TELECONFERENCE MEETING WITHOUT A PHYSICAL LOCATION
For more information:
(408) 777-3200 │ www.cupertino.org
AGENDA OF THE
CUPERTINO CITY COUNCIL
Tuesday, February 15, 2022
Televised Special Meeting (5:30) and
Regular City Council 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.
The proceedings of the meeting are recorded, therefore members of
the audience who address the City Council must come to the
lectern/microphone, and are requested to complete a Speaker Card
and identify themselves. Completion of Speaker Cards and 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
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 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 in the Council
Chamber of the Cupertino Community
Hall, 10350 Torre Avenue, 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, February 15, 2022
5:30 PM
Televised Special Meeting (5:30) and Regular City Council Meeting (6:45)
TELECONFERENCE / PUBLIC PARTICIPATION INFORMATION TO HELP STOP THE
SPREAD OF COVID-19
In accordance with Government Code 54953(e), 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, February 15 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:
Page 1
City Council Agenda February 15, 2022
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_hqHu5fhiSGih3PqZyl5c0g
H.323:
162.255.37.11 (US West)
Meeting ID: 984 1098 7336
SIP: 98410987336@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.
Page 2
__________________________________________________________________________
https://cityofcupertino.zoom.us/webinar/register/WN_kVYtN129T9Ceac4c-3e7Cg
Phone ____________960 4152 9749 NEW for 2/17/22 meeting
Dial: 669-900-6833 and enter Webinar ID: 984 1098 7336 (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:
NEWfor 2/17/22
City Council Agenda February 15, 2022
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.
NOTICE AND CALL FOR A SPECIAL MEETING OF THE CUPERTINO CITY COUNCIL
NOTICE IS HEREBY GIVEN that a special meeting of the Cupertino City Council is hereby
called for Tuesday, February 15, 2022, commencing at 5:30 p.m. In accordance with
Government Code 54953(e), this will be a teleconference meeting without a physical
location to help stop the spread of COVID-19. Said special meeting shall be for the purpose
of conducting business on the subject matters listed below under the heading, “Special
Meeting."
SPECIAL MEETING
ROLL CALL - 5:30 PM
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
Staff Report
A - Matrix of Commissions in Other Cities
B - Matrix of Committees in Other Cities
C - Scopes of Commissions and Committees
ADJOURNMENT
REGULAR MEETING
PLEDGE OF ALLEGIANCE
ROLL CALL - 6:45 PM
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
Page 3
City Council Agenda February 15, 2022
Recommended Action: Present proclamation supporting United Nations Human
Rights Council resolution recognizing access to a healthy and sustainable environment
as a universal right
A - Proclamation
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
A - Presentation
POSTPONEMENTS AND ORDERS OF THE DAY
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)
3.Subject: Brief reports on councilmember activities and brief announcements
Recommended Action: Receive brief reports on councilmember activities and brief
announcements
4.Subject: Report on Committee assignments
Recommended Action: Report on Committee assignments
5.Subject: City Manager update
Recommended Action: Receive City Manager update on emergency response efforts
and other City business
CONSENT CALENDAR (Items 6-17)
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.
Page 4
City Council Agenda February 15, 2022
6.Subject: Approve the January 24 City Council minutes
Recommended Action: Approve the January 24 City Council minutes
A - Draft Minutes
7.Subject: Approve the January 27 City Council minutes
Recommended Action: Approve the January 27 City Council minutes
A - Draft Minutes
8.Subject: Approve the February 1 (Commission Interviews) City Council minutes
Recommended Action: Approve the February 1 (Commission Interviews) City Council
minutes
A - Draft Minutes
9.Subject: Approve the February 1 City Council minutes
Recommended Action: Approve the February 1 City Council minutes
A - Draft Minutes
10.Subject: Approve the February 7 City Council minutes
Recommended Action: Approve the February 7 City Council minutes
A - Draft 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
Staff Report
A - Draft Resolution
B – Adopted Resolution No. 22-112
12.Subject: Consider Planning Commission's recommendation to select Steven Scharf as
the Environmental Review Committee representative
Recommended Action: Accept Planning Commission's recommendation to select
Steven Scharf as the Environmental Review Committee representative
Staff Report
A - Municipal Code chapter 2.84 Environmental Review Committee
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
Page 5
City Council Agenda February 15, 2022
A - Draft Resolution
B - AP Report
14.Subject: Consider Accounts Payable for the period ending January 17, 2022
Recommended Action: Adopt Resolution No. 22-027 accepting Accounts Payable for
the period ending January 17, 2022
A - Draft Resolution
B - AP Report
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
A - Draft Resolution
B - AP Report
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
A - Draft Resolution
B - AP Report
17.Subject: Consider approval of the Library Commission's recommendation to extend
Jing Jing Yang's appointment as the Cupertino Poet Laureate until the end of 2022
Recommended Action: Adopt Resolution No. 22-030 approving the Library
Commission's recommendation to extend Jing Jing Yang's appointment as the
Cupertino Poet Laureate until the end of 2022
Staff Report
A - Draft Resolution
B - City Council Resolution No. 20-023
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
Page 6
City Council Agenda February 15, 2022
Staff Report
A - Lehigh Cement Plant and Quarry Acquisition Options (Santa Clara Board of Supervisors Agenda
Item No. 13, Feb. 15, 2022)
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
Staff Report
A - Proposed Expansion Map
20.Subject: Consider an update on Stevens Creek Boulevard Steering Committee and
consideration of the City of Cupertino's participation in the Stevens Creek Boulevard
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
Staff Report
A - Resolution No. 19-089
B - Scope of Work
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
Staff Report
A - FY 21-22 City Work Program Q2 Dashboard Printout
B - FY 20-21 City Work Program Outstanding Item Dashboard Printout
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
Page 7
City Council Agenda February 15, 2022
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.
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, Cupertino, California 95014, 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 section
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. Do not include any personal or private information in written communications to the City
that you do not wish to make public, as written communications are considered public records and will
be made publicly available on the City website.
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)777‐3212
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
Debran@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