CC 10-01-2019 (Special) CUPERTINO
APPROVED MINUTES
CUPERTINO CITY COUNCIL
Tuesday, October 1, 2019
SPECIAL CITY COUNCIL MEETING
At 5:30 p.m. Mayor Steven Scharf called the Special City Council meeting to order ill the
Cupertino City Hall Conference Room A, 10300 Torre Avenue.
ROLL CALL
Present: Mayor Steven Scharf, Vice Mayor Liang Chao, and Councilmembers Darcy Paul,
Rod Sinks, and Jon Robert Willey. Absent: None. }
CLOSED SESSION
Written communications for closed session item(s) included emails to Council.
1. Subject: Conference with Legal Counsel pursuant to Government Code section
54956.9(d)(1); Re: Pending Litigation; Vallco Property Owner LLC v. City of Cupertino;
Santa Clara County Superior Court,Case No. 19CV355457(Vallco General Plan and Zoning
Amendments)
In open session, Mayor Scharf announced that with respect to this item, Vice Mayor Chao
did not attend the discussions out of an abundance of caution due to the proximity of her
home to the property line of the Vallco site. The rest of the Council discussed with legal
counsel this pending litigation for which discussion in open session would prejudice the
City in the litigation.
The Council gave its approval to the City Attorney to defend the lawsuit filed by Vallco
Property Owner LLC, which challenges the City's August 20th and September 3rd adoption
of General Plan and Zoning amendments for the Vallco Shopping District Special Area.
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This action was taken by the following vote:
Ayes: Scharf, Paul, Sinks and Willey
Noes: None j
Abstain: None
City Cow-1cil Minutes October 1, 2019
Recused: Chao
2. Subject: Conference with Legal Counsel - Anticipated Litigation. Significant exposure to
litigation pursuant to Government Code section 54956.9(d)(2): One potential case (Public
Storage).
In open session, Mayor Scharf announced that the Council discussed with legal counsel a
threat of litigation received from attorneys for the applicant of the recently approved Public
Storage project regarding imposition of fees. No reportable action was taken.
3. Subject: Conference with Legal Counsel - Anticipated Litigation; Initiation of litigation
pursuant to Government Code Section 54956.9(d)(4): One potential case.
In open session, Mayor Scharf announced that the Council discussed with legal counsel an
invitation to sign on to the Cities and Counties Amicus Brief prepared by the City of Los
Angeles and Los Angeles County in litigation to protect the children of immigrants
currently pending in the U.S. Supreme Court.
The Council gave its approval to the City Attorney to enter into the litigation, Department
of Homeland Sec. v. Regents of the University of California,by signing on to the Cities and
Counties Amicus Brief amicus brief, which to opposes the termination of the Deferred
Action for Childhood Arrivals ("DACA") program.
This action was taken by the following vote:
Ayes: Scharf, Chao, Paul, Sinks, and Willey
Noes: None
Abstain: None
ADJOURNMENT
REGULAR CITY COUNCIL MEETING
PLEDGE OF ALLEGIANCE
At 6:45 p.m. Mayor Steven Scharf called the Regular City Council meeting to order in the
Cupertino Community Hall Council Chambers, 10350 Torre Avenue and led the Pledge of
Allegiance.
ROLL CALL
City Council Minutes October 1,2019
Present: Mayor Steven Scharf, Vice Mayor Liang Chao, and Councilmembers Darcy Paul,
Rod Sinks, and Jon Robert Willey. Absent: None.
CEREMONIAL MATTERS AND PRESENTATIONS
1. Subject: Proclamations recognizing October as National Breast Cancer Awareness Month.
Recommended Action: Present proclamations recognizing October as National Breast
Cancer Awareness Month.
Mayor Scharf presented a proclamation to Executive Director Rina Bello from Bay Area
Cancer Connections.
POSTPONEMENTS —None
ORAL COMMUNICATIONS
Tim McRae (San Jose resident) on behalf of Silicon Valley Leadership Group talked about
the upcoming 15th Annual Applied Materials Annual Turkey Trot to be held on
Thanksgiving Day (provided written comments).
Jennifer Griffin talked housing concerns in Portland, OR. j
Dolly Sandoval (Cupertino resident) thanked Council for its positive vote on Regnart Creek
Trail and talked about Planning Commissioner Ray Wang's comments on NextDoor.
Rick Kitson (Cupertino resident) on behalf of the Cupertino Chamber of Commerce talked
about the upcoming Diwali Festival on October 12 from 11 a.m. —6 p.m. at Memorial Park.
Rhoda Fry(Cupertino resident)talked about letters from organizations regarding the Lehigh
Expansion Plan (provided written comments).
Jean Bedord (Cupertino resident) talked about various concerns regarding Council and
Commission members, and issues in the community (provided written comments).
Kitty Moore talked about the Environmental Review Committee (ERC) scope of work and
adding public relations items to the Council agenda.
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REPORTS BY COUNCIL AND STAFF (10 minutes)
2. Subject: Report on Committee assignments
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City Council Minutes October 1, 2019
Recommended Action: Report on Committee assignments
Councilmembers highlighted the activities of their various committees.
CONSENT CALENDAR
Paul moved and Willey seconded to approve items on the Consent Calendar as presented
except for item numbers 5 and 6 which were pulled for discussion. Ayes:Scharf, Chao,Paul,
Sinks, and Willey. Noes: None. Abstain: None. Absent: None.
3. Subject: Approve the September 17 City Council minutes
Recommended Action: Approve the September 17 City Council minutes
4. Subject: Approve the September 18 City Council minutes.
Recommended Action: Approve the September 18 City Council minutes.
5. Subject: Update on required July 1, 2020 implementation of SB743 (Environmental quality:
transit-oriented infill projects, judicial review streamlining for environmental leadership
development projects) and FY 2019-20 budget adjustment request for consultant services to
assist the City in the required transition from using Level of Services (LOS) to Vehicle Miles
Traveled (VMT) as the measure of transportation impacts under CEQA
Recommended Action: Adopt Resolution 19-116 amending the FY 2019-20 General Fund
budget in the amount of$173,400 for consultant services for the update on implementation
of SB 743
Jennifer Griffin spoke on this item.
Senior Transit and Transportation Planner Chris Corrao and Assistant Director of Public
Works Chad Mosely reviewed the staff report and answered questions from Council.
Sinks moved and Chao seconded to adopt Resolution 19-116 amending. the FY 2019-20
General Fund budget in the amount of $173,400 for consultant services for the update on
implementation of SB 743. The motion carried unanimously.
6. Subject: Amend the Fiscal Year 2019-2020 City Work Program to add a new Financial
Sustainability item to study and present options to City Council on potential changes to the
Blackberry Farm Golf Course and extend the project completion date for the Use of Athletic
Fields in Parks from June 2020 to June 2021, and approve budget modification #1920-064 to
appropriate$35,000 to fund the new work.
City Council Minutes October 1, 2019
Recommended Action: Approve amendments to the Fiscal Year 2019-2020 City Work
Program as proposed in Attachment A, adding Review and Present Options for Changes to
the Blackberry Farm Golf Course project and extending the completion date for the Use of
Athletic Fields in Parks project from June 2020 to June 2021, and approve budget
modification #1920-064 to appropriate$35,000 to fund the new work.
Written communications for this item included an email to Council.
Director of Parks and Recreation Jeff Milkes reviewed the staff report and answered
questions from Council.
The following individuals spoke on this item:
Jennifer Griffin
Kitty Moore
Rhoda Fry
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Paul moved and Scharf seconded to adjust the Community Livability page on the Council
Work Program as reflected in Attachment A of the meeting materials to indicate that the
estimated total staff hours of the item regarding to the use of athletic fields and parks be
adjusted from 2000 to 1000 hours with direction given to staff regarding the timeline. Chao
added a friendly amendment to also update the name of the department to Parks and
Recreation Department. The motion carried with Sinks abstaining.
Direction was also given to staff not to delay the use of athletic fields item in the 2019/2020
Council work program and to provide the Council background and historical information
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on the golf course to continue the discussion in the January/February time frame.
7. Subject: Application for Alcohol Beverage License for CH Cupertino, LLC (dba Curry
House), 10350 S. De Anza Boulevard
Recommended Action: Recommend approval to the California Department of Alcoholic
Beverage Control of the application for Alcohol Beverage License for CH Cupertino, LLC
(dba Curry House), 10350 S. De Anza Boulevard
8. Subject: Application for Alcohol Beverage License for Zest Food, Inc(dba Zest Food), 10881
S. Blaney Avenue
Recommended Action: Recommend approval to the California Department of Alcoholic
Beverage Control of the application for Alcohol Beverage License for Zest Food, Inc (dba
Zest Food), 10881 S. Blaney Avenue
City Council Minutes October 1, 2019
9. Subject: Application for Alcohol Beverage License for Supparod FC, Inc. (dba Pineapple
Thai), 19369 Stevens Creek Boulevard, Suite #120
Recommended Action: Recommend approval to the California Department of Alcoholic
Beverage Control of the application for Alcohol Beverage License for Supparod FC, Inc.
(dba Pineapple Thai), 19369 Stevens Creek Boulevard, Suite #120
10. Subject: Application for Alcohol Beverage License for Savo Kitchen, LLC dba
—�— pp g Savory ( Savory
Kitchen), 20530 Stevens Creek Boulevard
Recommended Action: Recommend approval to the California Department of Alcoholic
Beverage Control of the application for Alcohol Beverage License for Savory Kitchen, LLC
(dba Savory Kitchen), 20530 Stevens Creek Boulevard
11. Subject: Accept Accounts Payable for the period ending June 07, 2019
Recommended Action: Adopt Resolution No. 19-117 accepting Accounts Payable for the
period ending June 07, 2019
12. Subject: Accept Accounts Payable for the period ending June 14, 2019
Recommended Action: Adopt Resolution No. 19-118 accepting Accounts Payable for the
period ending June 14, 2019
13. Subject: Accept Accounts Payable for the period ending June 21, 2019
Recommended Action: Adopt Resolution No. 19-119 accepting Accounts Payable for the
period ending June 21, 2019
14. Subject: Accept Accounts Payable for the period ending June 28, 2019
Recommended Action: Adopt Resolution No. 19-120 accepting Accounts Payable for the
period ending June 28, 2019
15. Subject: Accept Accounts Payable for the period ending July 05, 2019
Recommended Action: Adopt Resolution No. 19-121 accepting Accounts Payable for the
period ending July 05, 2019
16. Subject: Accept Accounts Payable for the period ending July 12, 2019
Recommended Action: Adopt Resolution No. 19-122 accepting Accounts Payable for the
period ending July 12, 2019
17. Subject: Accept Accounts Payable for the period ending July 19, 2019
Recommended Action: Adopt Resolution No. 19-123 accepting Accounts Payable for the
period ending July 19, 2019
City Council Minutes October 1, 2019
18. Subject: Accept Accounts Payable for the period ending July 26, 2019
Recommended Action: Adopt Resolution No. 19-124 accepting Accounts Payable for the i
period ending July 26, 2019
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19. Subject: Accept Accounts Payable for the period ending August 02, 2019
Recommended Action: Adopt Resolution No. 19-125 accepting Accounts Payable for the
period ending August 02, 2019
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Council recessed from 8:39 p.m. to 8:48 p.m.
SECOND READING OF ORDINANCES —None
ORDINANCES AND ACTION ITEMS
20. Subject: Subject Consider possible options regarding formation of a Santa Clara County
Regional Housing Needs Allocation (RHNA) subregion allowing the City the option of
trading allocation of housing needs among participating entities.
Recommended Action: That the City Council: 1. Review the attached memo from the Cities
Association of Santa Clara County regarding RHNA subregion formation (Attachment A)
and 2. Determine which of the 4 options identified in the memo (RHNA Light, RHNA All-
In, Planning Collaborative, Do Nothing) the Council wishes to proceed with, about
formation of the Santa Clara County RHNA Subregion
Written communications for this item included a presentation.
Director of Community Development Ben Fu introduced the item and Planning Manager
Piu Ghosh reviewed the presentation.
Mayor Scharf opened public comment and the following individuals spoke:
Jennifer Griffin
Kitty Moore
Mayor Scharf closed public comment.
Sinks moved and Chao seconded to choose the Planning Collaborative option as identified
in the agenda packet materials. The motion carried unanimously.
PUBLIC HEARINGS —None
III
City Council Minutes October 1, 2019
STUDY SESSION
21. Subject: Study Session regarding status of the Objective Standards Update to General Plan
and Zoning Ordinance FY-2019-2020 Work Program Item (Application No.: CP-2019-03;
Applicant: City of Cupertino; Location: City-wide), provide direction to staff (continued
from 9/18/19).
Recommended Action: That the City Council receive this report, staff presentation, and
public comment, and provide direction to staff.
Written communications for this item included a presentation.
Director of Community Development Ben Fu reviewed the presentation.
Mayor Scharf opened public comment and the following individuals spoke:
Jennifer Griffin
Kitty Moore
Mayor Scharf closed public comment.
Council continued the study session to October 15 with the following direction:
• Create one combined document with items discussed by individual councilmembers
from,9/18/19 study session, and Attachments A, B and C
• As the Planning Commission evaluates the General Plan Annual report, they can
identify the objectivity of policies and strategies
• Present the Department of Housing and Community Development (HCD) forms to
the Planning Commission prior to presentation to the City Council
ORAL COMMUNICATIONS - CONTINUED (As necessary)
COUNCIL AND STAFF COMMENTS AND FUTURE AGENDA ITEMS
Councilmembers highlighted the activities of their various community events.
Look at the Environmental Review Committee (ERC) scope and make up to see if there is a
functional need to include the review of projects or to consider topics that affect local
legislation which are currently outside of the ERC's scope and purview and to amendments
to the Cupertino Municipal Code to reflect the additional scope (Paul/Scharf).
ADJOURNMENT
City Council Minutes October 1, 2019
At 11:15 p.m., Mayor Scharf adjourned the meeting.
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Grace Schmidt, City Clerk