CC 06-21-2022 (Special Meeting)
APPROVED MINUTES
CUPERTINO CITY COUNCIL
Tuesday, June 21, 2022
SPECIAL MEETING
At 5:30 p.m., Vice Mayor Liang Chao called the Special City Council Meeting to order in the
Cupertino Community Hall Council Chamber, 10350 Torre Avenue and via teleconference.
ROLL CALL
Present: Vice Mayor Liang Chao and Councilmembers Kitty Moore, Hung Wei, and Jon Robert
Willey. Absent: Mayor Darcy Paul. Vice Mayor Liang Chao. Councilmember Jon Robert Willey
attended via teleconference.
1. Subject: Public Review Draft Climate Action Plan 2.0 Study Session
Recommended Action: Provide feedback to staff on the Public Review Draft Climate
Action Plan 2.0
Presenter: Andre Duurvoort, Sustainability Division Manager
Written Communications for this item included a staff presentation and emails to Council.
Climate and Utilities Analyst Gilee Corral gave a presentation.
Vice Mayor Chao opened the public comment period and the following people spoke.
Jennifer Griffin supported the Climate Action Plan (CAP) study and opposed citywide
parking minimums and active transportation targets.
Dashiell Leeds, representing Sierra Club Loma Prieta Chapter, supported the CAP with
amendments, as referenced in a letter submitted to Council.
Peggy Griffin was concerned about water conservation, preferred trees and tree removal,
and supported corrections as addressed in a letter sent to Council.
Housing Commissioner Connie Cunningham (representing self) supported the CAP with
modifications to housing definitions and goals.
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Darren Chiu, representing Silicon Valley Youth Climate Action, supported the CAP and
long term carbon neutrality and public and urban planting projects.
Vice Mayor Chao closed the public comment period.
Councilmembers asked questions and made comments.
Council conducted the Public Review Draft Climate Action Plan 2.0 Study Session and
provided direction to staff to take Council’s comments and bring the item back for another
study session.
During the Study Session, individual Councilmembers gave the following feedback:
• More information was requested about the target to increase alternative forms of
transportation
• Another study session was requested before the CAP 2.0 is brought for adoption
• More clarification was requested to educate the public about the connection
between the CAP 2.0 and CEQA environmental review process
• Several councilmembers noted that electrification of existing buildings will be a big
challenge for technical and financial reasons
• More information was requested about how the building decarbonization targets
were derived, especially between the residential and commercial sectors.
- Support for the efforts of the Climate Action Plan update, acknowledged
contribution from the Sustainability Commission
- Desire for the City to be a leader and implement the CAP policies in its own
facilities
- Interest in working with Silicon Valley Clean Energy, Valley Water, and other
partners through CAP implementation
At 6:44 p.m., Vice Mayor Chao adjourned the Special City Council Meeting.
ADJOURNMENT
REGULAR MEETING
At 6:45 p.m., Vice Mayor Liang Chao called the Regular City Council Meeting to order and led
the Pledge of Allegiance in the Cupertino Community Hall Council Chamber, 10350 Torre
Avenue and via teleconference.
ROLL CALL
Present: Vice Mayor Liang Chao and Councilmembers Kitty Moore, Hung Wei, and Jon Robert
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Willey. Absent: Mayor Darcy Paul. Vice Mayor Liang Chao. Councilmember Jon Robert Willey
attended via teleconference.
CEREMONIAL MATTERS AND PRESENTATIONS – None
POSTPONEMENTS AND ORDERS OF THE DAY – None
ORAL COMMUNICATIONS
Jennifer Griffin was concerned about state density housing laws including SB 9 and 10 and
coastal area zoning and loss of local control.
REPORTS BY COUNCIL AND STAFF
1. Subject: Brief reports on councilmember activities and brief announcements
Recommended Action: Receive brief reports on councilmember activities and brief
announcements
Council received brief reports on councilmember activities and brief announcements
(Paul absent).
2. Subject: Report on Committee assignments
Recommended Action: Report on Committee assignments
Councilmembers highlighted the activities of their various committees (Paul absent).
3. Subject: Report on Subcommittee assignments
Recommended Action: Report on Subcommittee assignments
Councilmembers reported on Subcommittee assignments (Paul absent).
4. Subject: City Manager update
Recommended Action: Receive City Manager update on City business
Council received the City Manager update on City business (Paul absent).
CONSENT CALENDAR (Items 5 - 17)
Wei moved and Willey seconded to approve the items on the Consent Calendar except for Items
10-15 and 17 which were pulled for discussion. Ayes: Chao, Moore, Wei, and Willey. Noes: None.
Abstain: None. Absent: Paul.
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Moore moved and Chao seconded to continue items 10-14 on the Consent Calendar to the July
7, 2022 City Council meeting. Chao made a friendly amendment to continue items 10-14 on the
Consent Calendar to the July 19, 2022 Regular City Council Meeting. (Moore accepted the
friendly amendment).
Final motion:
Moore moved and Chao seconded to continue items 10-14 on the Consent Calendar to the July
19, 2022 Regular City Council Meeting. Ayes: Chao, Moore, Wei, and Willey. Noes: None.
Abstain: None. Absent: Paul.
5. Subject: Consider approval of the May 31 City Council minutes
Recommended Action: Approve the May 31 City Council minutes
6. Subject: Consider approval of the June 1 City Council minutes
Recommended Action: Approve the June 1 City Council minutes
7. Subject: Consider approval of the June 7 City Council minutes
Recommended Action: Approve the June 7 City Council minutes
8. Subject: Consider approval of the June 9 (Closed Session) City Council minutes
Recommended Action: Approve the June 9 (Closed Session) City Council minutes
9. Subject: Consider approval of the June 9 (Continued from June 7) City Council minutes
Recommended Action: Approve the June 9 (Continued from June 7) City Council
minutes
10. Subject: Consider accepting Accounts Payable for the period ending May 2, 2022
Recommended Action: Adopt Resolution No. 22-071 accepting Accounts Payable for
the period ending May 2, 2022
Written communications for this item included a Supplemental Staff Report Response
to Council Inquiries.
11. Subject: Consider accepting Accounts Payable for the period ending May 9, 2022
Recommended Action: Adopt Resolution No. 22-072 accepting Accounts Payable for
the period ending May 9, 2022
Written communications for this item included a Supplemental Staff Report Response
to Council Inquiries.
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12. Subject: Consider accepting Accounts Payable for the period ending May 16, 2022
Recommended Action: Adopt Resolution No. 22-073 accepting Accounts Payable for
the period ending May 16, 2022
Written communications for this item included a Supplemental Staff Report Response
to Council Inquiries.
13. Subject: Consider accepting Accounts Payable for the period ending May 23, 2022
Recommended Action: Adopt Resolution No. 22-074 accepting Accounts Payable for
the period ending May 23, 2022
Written communications for this item included a Supplemental Staff Report Response
to Council Inquiries.
14. Subject: Consider accepting Accounts Payable for the period ending May 31, 2022
Recommended Action: Adopt Resolution No. 22-075 accepting Accounts Payable for
the period ending May 31, 2022
Written communications for this item included a Supplemental Staff Report Response
to Council Inquiries.
15. Subject: Consider authorizing the City Manager to execute a services agreement with
Carahsoft to renew Accela Permitting, Licensing and Land-use Management System
subscription service for the total cost of $1,261,851.26 over five years
Recommended Action: Authorize the City Manager to execute a services agreement with
Carahsoft to renew Accela Permitting, Licensing and Land-use Management System
subscription service for the total cost of $1,261,851.26 over five years
Chief Technology Officer Bill Mitchell gave a presentation.
Councilmembers asked questions and made comments.
Vice Mayor Chao opened the public comment period and the following people spoke.
Peggy Griffin asked about incorporating development agreements and verification of
zoning overlays.
Vice Mayor Chao closed the public comment period.
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Wei moved and Moore seconded to authorize the City Manager to execute a services
agreement with Carahsoft to renew Accela Permitting, Licensing and Land-use
Management System subscription service for the total cost of $1,261,851.26 over five
years. The motion carried unanimously (Paul absent).
16. Subject: Maintenance agreements for the Blackberry Farm Golf Course (Continued
from June 7, 2022)
Recommended Action: Receive report on the maintenance agreements for the
Blackberry Farm Golf Course.
Written communications for this item included an Updated Attachment H – BBF Golf
Maintenance 2010 Project Manual and Bid Documents and an Updated Attachment K –
15-206 Professional Turf Management, Blackberry Farm Golf Course Maintenance
(Original Contract and Amendments 1-5).
17. Subject: Consider authorizing the City Manager to execute a Funding Agreement
between the City of Cupertino and the City of San Jose for a budget allocation of
$154,079 to participate in the Stevens Creek Boulevard Vision Study, which includes a
10% contingency
Recommended Action: 1. Authorize the City Manager to execute a Funding Agreement
between the City of Cupertino and City of San Jose for the Stevens Creek Corridor Vision
Study; and
2. Adopt Resolution No. 22-076 approving Budget Modification #2122-191 in the amount
of $154,079 for the City of Cupertino's contribution toward the Stevens Creek Corridor
Vision Study, an amount that includes a 10% contingency (Attachment A)
Senior Transit & Transportation Planner Chris Corrao reviewed the staff report.
Vice Mayor Chao opened the public comment period and the following people spoke.
Jennifer Griffin opposed the contribution of the funds to the City of San Jose and
supported alternative uses for the funds.
Vice Mayor Chao closed the public comment period.
Moore moved and Wei seconded to:
1. Authorize the City Manager to execute a Funding Agreement between the City of
Cupertino and City of San Jose for the Stevens Creek Corridor Vision Study; and
2. Adopt Resolution No. 22-076 approving Budget Modification #2122-191 in the amount
of $154,079 for the City of Cupertino's contribution toward the Stevens Creek Corridor
Vision Study, an amount that includes a 10% contingency
The motion carried unanimously (Paul absent).
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Council recessed from 8:05 p.m. to 8:08 p.m.
SECOND READING OF ORDINANCES - None
PUBLIC HEARINGS
18. Subject: Brush Abatement Program hearing to consider objections to proposed removal
of brush and order abatement of the public nuisance; and consideration of a resolution
ordering abatement of potential fire hazard pursuant to Cupertino Municipal Code
(Section 16.40.200) regarding Defensible Space (brush) and Resolution No. 22-055
Recommended Action: 1.) Conduct Brush Abatement Program hearing to note
objections of property owners having their name on the list of properties that have been
non-compliant in removing brush; and
2.) Adopt Resolution 22-077 ordering abatement of public nuisance and potential fire
hazard pursuant to Cupertino Municipal Code (Section 16.40.200) regarding Defensible
Space (brush) and Resolution No. 22-055 (Attachment A)
Presenter: Kirsten Squarcia, City Clerk
Written Communications for this item included a staff presentation.
City Clerk Kirsten Squarcia gave a presentation.
Vice Mayor Chao opened the public hearing and the following people spoke.
Deb and Jem Taysi, representing 21952 Lindy Lane, said that they were working with
County Fire to complete the work on the property.
Vice Mayor Chao closed the public hearing.
Councilmembers asked questions and made comments.
Deputy Fire Chief Hector Estrada answered questions.
Moore moved and Wei seconded to adopt Resolution 22-077 ordering abatement of public
nuisance and potential fire hazard pursuant to Cupertino Municipal Code (Section
16.40.200) regarding Defensible Space (brush) and Resolution No. 22-055. The motion
carried unanimously (Paul absent).
ORDINANCES AND ACTION ITEMS
19. Subject: Consider accepting Accounts Payable for the period ending December 20, 2021
(Continued from June 7, 2022)
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Recommended Action: Adopt Resolution No. 22-015 accepting Accounts Payable for
the period ending December 20, 2021
Presenter: Tina Kapoor, Economic Development Manager
Written Communications for this item included a staff presentation and emails to Council.
Economic Development Manager Tina Kapoor gave a presentation.
Vice Mayor Chao opened the public comment period and the following people spoke.
Peggy Griffin opposed payments for “I Love Cupertino” website maintenance and
subscription and supported City reimbursement and discontinuing Chamber work.
Rhoda Fry opposed approving payments for Chamber of Commerce meeting space and
“I Love Cupertino” website and supported the City being reimbursed.
City Clerk Kirsten Squarcia read a letter on behalf of Rick Kitson, representing the
Chamber of Commerce, regarding a correction to comments at the June 6, 2022 Council
meeting.
Vice Mayor Chao closed the public comment period.
Councilmembers asked questions and made comments.
Chao moved and Willey seconded to ratify the Accounts Payable for period ending
December 20, 2021 except for the installment payment for the Chamber of Commerce. The
motion carried with Wei voting no (Paul absent).
20. Subject: Update on the Status of the Research from the City Council Subcommittee
Meetings for the Cupertino Historical Society
Recommended Action: Receive an update on the status of the research from the City
Council subcommittee meetings for the Cupertino Historical Society and provide
direction on next steps
Presenter: Rachelle Sander, Assistant Director of Parks and Recreation
Written Communications for this item included a staff presentation and emails to Council.
Assistant Parks and Recreation Director Rachelle Sander gave a presentation.
Vice Mayor Chao opened the public comment period and the following people spoke.
Bruce Parsons supported City assistance for the Historical Society in any way possible.
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Gilbert Wong supported Council assistance and funding for the Historical Society.
Neeraj Mathur supported the Council helping the Historical Society.
Jennifer Griffin supported a plan for the Snyder Hammond House and Stocklmeir
House.
Jean Bedord supported a $50,000 annual line item in the City budget for the Historical
Society. (Submitted written comments).
Sharon Blaine supported adding a line in the City budget for the Historical Society.
Vice Mayor Chao closed the public comment period.
Jennifer Furlong, Darryl Stowe, and Bill Kerr, representing the Cupertino Historical
Society, gave a presentation.
Councilmembers asked questions and made comments.
Chao moved and Moore seconded to provide the following direction to staff.
• Bring back an agreement for facility use of the Quinlan museum space and meeting
spaces in Quinlan.
• Bring back an agreement or Memorandum of Understanding (MOU) between the City
and Cupertino Historical Society (CHS) to clarify what services CHS will provide and
what processes will be used to ensure transparency and accountability for taxpayer
dollars?
o Potential budget amount: $20,000 - $40,000
o Potential methods to consider:
Semi-annual update and an annual report with a list of events
demonstrating the number of Cupertino residents served
Annual work plan presented to Council and/or Parks and Rec
Commission to provide feedback and allow public to provide input
City Council representatives on the Cupertino Historical Society Board
or liaisons as committee assignments
Partial funding for staffing, provided that there is strong oversight by
the city on the staff work.
Commitment for fundraising goals so the funding from the city
maintains at 20% of the budget, for example
Hybrid method with both grant funding and agreement with some
funding
3-5 year agreement
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Wei made a friendly amendment that staff does not need to consider every item and can
also come up with additional items. (Chao and Moore accepted the friendly amendment).
Final motion:
Chao moved and Moore seconded to provide the following direction to staff.
• Bring back an agreement for facility use of the Quinlan museum space and meeting
spaces in Quinlan.
• Bring back an agreement or Memorandum of Understanding (MOU) between the City
and Cupertino Historical Society (CHS) to clarify what services CHS will provide and
what processes will be used to ensure transparency and accountability for taxpayer
dollars?
o Potential budget amount: $20,000 - $40,000
o Potential methods to consider (not limited to the items below):
Semi-annual update and an annual report with a list of events
demonstrating the number of Cupertino residents served
Annual work plan presented to Council and/or Parks and Recreation
Commission to provide feedback and allow public to provide input
City Council representatives on Cupertino Historical Society (CHS)
Board or liaisons as committee assignments
Partial funding for staffing, provided that there is strong oversight by
the city on the staff work.
Commitment for fundraising goals so the funding from the city
maintains at 20% of the budget, for example
Hybrid method with both grant funding and agreement with some
funding
3-5 year agreement
The amended motion carried unanimously (Paul absent).
Council recessed from 11:18 p.m. to 11:23 p.m.
21. Subject: Consider conducting a first reading of an ordinance for amendments to
Cupertino Municipal Code Chapter 2.80 and Sections 19.102.040, 19.148.030, 19.148.050,
19.148.060, and 19.148.090 to Adopt a Name Change for the Fine Arts Commission to the
Arts and Culture Commission
Recommended Action: Conduct the first reading of Ordinance No. 22-2241: “An
Ordinance of the City Council of the City of Cupertino Amending Cupertino Municipal
Code Chapter 2.80 and Sections 19.102.040, 19.148.030, 19.148.050, 19.148.060, and
19.148.090 to adopt a name change for the Fine Arts Commission to the Arts and Culture
Commission"
Presenter: Rachelle Sander, Assistant Director of Parks and Recreation
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Assistant Parks and Recreation Director Rachelle Sander gave a presentation.
Vice Mayor Chao opened the public comment period and, seeing no one, closed the
public comment period.
Councilmembers asked questions and made comments.
City Clerk Kirsten Squarcia read the title of Ordinance No. 22-2241: “An Ordinance of
the City Council of the City of Cupertino Amending Cupertino Municipal Code Chapter
2.80 and Sections 19.102.040, 19.148.030, 19.148.050, 19.148.060, and 19.148.090 to
adopt a name change for the Fine Arts Commission to the Arts and Culture Commission"
Moore moved and Wei seconded to read Ordinance No. 22-2241 by title only, and that
the City Clerk’s reading constitutes the first reading thereof. Ayes: Moore, Wei, Willey,
and Chao. Noes: None. Abstain: None. Absent: Paul.
22. Subject: Consider conducting a first reading of an ordinance amending Municipal Code
Chapter 2.84: Environmental Review Committee
Recommended Action: Conduct the first reading and approve the introduction of
Ordinance No. 22-2242: "An Ordinance of the City Council of the City of Cupertino
amending Municipal Code Chapter 2.84: Environmental Review Committee"
Presenter: Chris Jensen, City Attorney
Moore moved and Chao seconded to continue this item until the July 7, 2022 Special City
Council Meeting. The motion carried unanimous (Paul absent).
COUNCIL AND STAFF COMMENTS AND FUTURE AGENDA ITEMS
Chao and Moore add the following direction for future agenda items:
1. Bring back a future agenda item for a study session to review past partnership and
support for Cupertino Chamber of Commerce and discuss options of future partnership
with the Chamber.
• Including information:
o Information on other cities and their relationship with Chamber
o What other payments are made to contracts which do not have any written
agreements?
o What other payments are made for evergreen contracts, which will continue
without any Council approval?
o What process is there to confirm an invoice contains enough information to justify
the amount of the invoice?
o Whether Chamber qualifies for nonprofit fees for facility rental,
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o What communication methods do we have with all businesses who have
Cupertino business licenses?
o How do we support ALL Cupertino businesses?
o Liability insurance certificate from Chamber or waiver signed by staff?
o I Love Cupertino contract and subscription and itemized expenses
o Why IT Department did not help build the website
2. Amend Muni code so the “2.80.080 Powers and Functions” to reflect the role of Arts and
Cultural Commission on Public Art recommendation
3. Public Art Guidelines for larger projects
• $100,000 cap right now
• For larger projects with a higher amount, perhaps the Fine Art Commission makes a
recommendation and the final approval by the Council
• Consider Public Art Master Plans as other cities have, such as Palo Alto, Sunnyvale,
and San Jose
ADJOURNMENT
At 12:01 a.m. on Wednesday, June 22, Vice Mayor Chao adjourned the Regular City Council
Meeting.
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Kirsten Squarcia City Clerk