CC 11-19-2019 (Special) CUPERTINO
APPROVED MINUTES
CUPERTINO CITY COUNCIL
Tuesday, November 19, 2019
SPECIAL CITY COUNCIL MEETING
At 5:31 p.m. Mayor Steven Scharf called the Special City Council meeting to order in the
Cupertino Community Hall Council Chambers, 10350 Torre Avenue.
ROLL CALL
Present: Mayor Steven Scharf, Vice-Mayor Liang Chao, and Councilmembers Darcy Paul,
Rod Sinks, and Jon Robert Willey. Absent: None.
STUDY SESSION
1. Subject:Study session regarding policy options to reduce the use of natural gas and increase
electrification of Cupertino's building stock via local amendments to the 2019 California
Energy & Green Building Standards Codes (Reach Codes).
Recommended Action: Provide direction on policy options to reduce the use of natural gas
and increase electrification of Cupertino's building stock via local amendments to the 2019
California Energy and Green Building Standards Codes.
Written communications for study session included emails to Council and a presentation.
Sustainability Manager Andre Duuvoort introduced consultant John Supp, Silicon Valley
Clean Energy Authority Account Services Manager, and reviewed the presentation.
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Staff and consultant answered questions from Council.
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Mayor Scharf opened public comment and the following individuals spoke:
Jennifer Griffin- discuss and study
Anika Huang(Santa Clara resident) on behalf of Cupertino Youth Climate Action Team- in
favor
Sanat Singhal on behalf of Cupertino Youth Climate Action Team- in favor (provided
written comments).
City Council Minutes November 19, 2019
Sofia Wang (Cupertino resident)- in favor
Helen Deng-in favor
Linda Sell (Sunnyvale resident) on behalf of Bay Area for Clean Environment-in favor
Rose Grymes (Cupertino resident)-in favor
Vignesh Swaminathan (Cupertino resident) on behalf of the Sustainability Commission -
in favor
Dashiell Leeds on behalf of Sierra Club Loma Prieta Chapter-in favor
Gary Latshaw (Cupertino resident) on behalf of Bay Area for Clean Environment-in favor
Hoi Yung Poon (San Jose resident) on behalf of Silicon Valley Youth Climate Action- in
favor
Ida Rose Sylvester (Mountain View resident) on behalf of Fossil Free Buildings Campaign-
in favor
James Tulaya (Sunnyvale resident) on behalf of Carbon Free Silicon Valley-in favor
Danielle Burnett-Foster (Cupertino resident)-in favor
Patrick Ahrens (Cupertino resident)-in favor
Neil (Cupertino resident)-in favor
Mayor Scharf closed public comment.
Council conducted the study session regarding policy options to reduce the use of natural
gas and increase electrification of Cupertino's building stock via local amendments to the
2019 California Energy and Green Building Standards Codes.
Council comments included:
• Overall support for going all-electric
• Climate change crisis/urgency
• Need community outreach and education
• Conduct induction demonstration workshop at Quinlan Community Center. To be
recorded for availability on website.
• Look into solutions along lines of parking
• Look into cost savings
ADJOURNMENT
At 6:54 p.m., Mayor Scharf adjourned the Special meeting.
REGULAR CITY COUNCIL MEETING
PLEDGE OF ALLEGIANCE
City Council Minutes November 19,2019
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At 6:54 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
Present: Mayor Steven Scharf, Vice Mayor Liang Chao, and Councilmembers Darcy Paul,
Rod Sinks, and Jon Robert Willey. Absent: None.
Council voted to reorder the agenda to hear Item No. 7 before Item No. 6 (unanimous).
CEREMONIAL MATTERS AND PRESENTATIONS
1. Subject:Certificates of Appreciation to the Cupertino Citizen Corps for their assistance with
the recent Public Safety Power Shutdown (PSPS)
Recommended Action: Present Certificates of Appreciation to the Cupertino Citizen Corps
for their assistance with the recent Public Safety Power Shutdown (PSPS)
Mayor Scharf presented Certificates of Appreciation to the Cupertino Citizen Corps for
their assistance with the recent Public Safety Power Shutdown (PSPS).
2. Subject: Certificates of Appreciation to volunteers at the Silicon Valley Korean School
(SVKS)
Recommended Action: Present Certificates of Appreciation to volunteers at the Silicon
Valley Korean School (SVKS)
Silicon Valley Korean School Young Vice Principal Sook Kim introduced a student
representative who gave a brief presentation.
Mayor Scharf presented Certificates of Appreciation to volunteers to the Silicon Valley
Korean School (SVKS).
3. Subject: Proclamation for Lung Cancer Awareness Month
Recommended Action: Present proclamation for Lung Cancer Awareness Month
Yoyo Wang, co-founder of the American Lung Cancer Screening Initiative gave a brief
presentation regarding lung cancer awareness.
Mayor Scharf presented a proclamation to Yoyo Wang for Lung Cancer Awareness Month.
City ColunCil Minutes November 19, 2019
4. Subject: Presentation by Cupertino-Copertino,Italy Sister City Committee adult delegation
regarding recent trip
Recommended Action: Receive presentation by Cupertino-Copertino, Italy Sister City
Committee adult delegation regarding recent trip
Helene Davis, President of the Cupertino-Copertino, Italy Sister City Committee
introduced representatives from the adult delegation who gave a brief presentation
regarding the recent trip.
The delegation presented the Mayor with a ceremonial gift.
Council received the presentation.
5. Subject: Presentation by Judy Miner, Chancellor of Foothill-De Anza Community College
on the planning process for the facility that will replace De Anza's Flint Center
Recommended Action:Receive Presentation by Judy Miner, Chancellor of Foothill-De Anza
Community College on the planning process for the facility that will replace De
Anza's Flint Center
Judy Miner, Chancellor of Foothill-De Anza Community College and Board of Trustees
President Pearl Cheng gave a presentation on the planning process for the facility that will
replace De Anza's Flint Center.
The presenters answered questions from Council.
Council received the presentation.
REPORTS BY COUNCIL AND STAFF (10 minutes)
7. Subject: Report on Committee assignments
Recommended Action: Report on Committee assignments
City Manager Deb Feng gave a statement regarding the Vallco demolition.
POSTPONEMENTS
6. Subject: Continue Item No. 15 Adoption of the 2019 California Energy and Green Building
Standards Codes with local amendments to a future meeting date and item will be
renoticed. These topics will be discussed in the study session.
City Council Minutes November 19, 2019
Recommended Action: Continue Item No. 15 Adoption of the 2019 California Energy
and Green Building Standards Codes with local amendments to a future meeting date.
Continued Item No. 15 Adoption of the 2019 California Energy and Green Building
Standards Codes with local amendments to a future meeting date.
ORAL COMMUNICATIONS
Sujatha Venkatraman, on behalf of West Valley Community Services, talked about fighting
hunger and homelessness, partnership with the City (submitted written comments).
Jennifer Griffin talked about San Jose's urban village shopping center and those students
going to Cupertino High School, and the nearby Safeway remaining open.
Shirley Hung (San Jose resident) talked about food safety concerns from purchasing expired
foods from Marina Foods and related health issues for seniors.
Shiv Shah (Santa Clara resident) talked about bike safety on N. Tantau to Cupertino High
School and suggestions for the bike lanes.
Jean Bedord provided written comments regarding Planning Commissioner Ray Wang on
behalf of Ian Greensides.
Pamela Hershey talked about Vallco and the demolition of the Sears Auto Center,
reassurance about black dust and toxicity.
Lisa Warren talked about improving R1 requirements for balconies and trees, addressing
tree size and distance requirements, and balcony privacy concerns.
Dana Techmanski talked about Vallco and Sand Hill, materials being removed, exposure to
dust and asbestos around adjacent homes.
R Wang (representing self) talked about ways to communicate with citizens, complaints
about balconies and trees, and maintaining privacy; and free speech and defamation.
Qin Pan (representing herself) talked about the demolition at Vallco and the City taking
measures to protect the neighbors from debris and materials.
Council recessed from 8:45 p.m. to 8:55 p.m.
City Council Minutes November 19, 2019
CONSENT CALENDAR
Paul moved and Scharf seconded to approve items on the Consent Calendar as presented
except for item numbers 8, 9, and 10 which were pulled for discussion. Ayes: Scharf, Chao,
Paul, and Willey. Noes: None. Abstain: None. Absent: Sinks.
8. Subject: Annual adoption of Other Post-Employment Benefits ("OPEB") Trust Investment
Policy.
Recommended Action: Adopt Resolution No. 19-135 accepting the City Investment Policy
for the OPEB Trust.
Finance Manager Zachary Korach answered questions from Council.
Paul moved and Chao seconded to Adopt Resolution No. 19-135 accepting the City
Investment Policy for the OPEB Trust. The motion carried with Sinks absent.
9. Subject: Annual adoption of Pension Trust Investment Policy.
Recommended Action: Adopt Resolution No. 19-136 accepting the City Investment Policy
for the Pension Trust.
Finance Manager Zachary Korach answered questions from Council.
Paul moved and Chao seconded to Adopt Resolution No. 19-136 accepting the City
Investment Policy for the Pension Trust. The motion carried with Sinks absent.
10. Subject: Treasurer's Investment Report for period ending September 30, 2019
Recommended Action: Accept staff report and provide recommendations.
Finance Manager Zachary Korach answered questions from Council.
Paul moved and Chao seconded to Accept Treasurer's Investment Report for period ending
September 30, 2019. The motion carried with Sinks absent.
11. Subject: Department of Housing and Community Development (HCD) Senate Bill (SB) 2
Planning Grants Program Application
Recommended Action: Adopt Resolution No. 19-137 authorizing application for, and
receipt of, SB 2 Planning Grants Program Funds
12.Subject:Application for Alcoholic Beverage License for Welcome Market Inc (dba 99 Ranch
Market), 10425 S. De Anza Boulevard
City Council Minutes November 19, 2019
Recommended Action: Recommend approval to the California Department of Alcoholic I
Beverage Control of the Application for Alcoholic Beverage License for Welcome Market 9
Inc (dba 99 Ranch Market), 10425 S. De Anza Boulevard.
13.Subject: Application for Alcoholic Beverage License for Welcome Market,Inc(dba 99 Ranch
Market), 10983 N. Wolfe Rd.
Recommended Action: Recommend approval to the California Department of Alcoholic
Beverage Control of the Application for Alcoholic Beverage License for Welcome Market
Inc (dba 99 Ranch Market), 10983 N. Wolfe Road.
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SECOND READING OF ORDINANCES
14.Subject: Second reading of Municipal Code Amendments to the Cupertino Municipal Code,
Title 5, adopting new policies regulating the sale of tobacco, such as requiring a local permit
to sell tobacco products, prohibiting the sale of flavored tobacco, prohibiting new
businesses from selling tobacco near schools and reducing tobacco retailer density,
prohibiting tobacco sales at pharmacies and in vending machines, and limiting storefront
signage.
Recommended Action: Conduct second reading and enact Ordinance No. 19-2190; "An
ordinance of the City Council of the City of Cupertino adding chapter 5.50 to title 5
(Business Licenses and Regulations) to regulate the sale of tobacco products and repealing
chapter 10.27 of the Municipal Code (Cigarette and/or Tobacco Vending Machines)"
Deputy City Clerk Kirsten Squarcia read the title of Ordinance No. 19-2190; "An ordinance
of the City Council of the City of Cupertino adding chapter 5.50 to title 5 (Business Licenses
and Regulations) to regulate the sale of tobacco products and repealing chapter 10.27 of the
Municipal Code (Cigarette and/or Tobacco Vending Machines)"
Paul moved and Scharf seconded to read Ordinance No. 19-2190 by title only and that the
City Clerk's reading would constitute the second reading thereof. Ayes: Scharf, Chao,Paul,
and Willey. Noes: None. Abstain: None. Absent: Sinks. Recuse: None.
Paul moved and Scharf seconded to enact Ordinance No. 19-2190.Ayes:Scharf, Chao,Paul,
and Willey. Noes: None. Abstain: None. Absent: Sinks. Recuse: None.
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REPORTS BY COUNCIL AND STAFF (10 minutes) - CONTINUED
7. Subject: Report on Committee assignments
Recommended Action: Report on Committee assignments
City Council Minutes November 19, 2019
Councilmembers highlighted the activities of their various committees.
PUBLIC HEARINGS
15. Subject: Adoption of the 2019 California Energy and Green Building Standards Codes with
local amendments has been continued to a future meeting date and item will be renoticed.
These topics will be discussed in the study session.
Recommended Action: Adoption of the 2019 California Energy and Green Building
Standards Codes with local amendments has been continued to a future meeting date.
Under Postponements, this item was continued to a future meeting and will be renoticed.
ORDINANCES AND ACTION ITEMS
16. Subject: Update on Library Expansion Project, selection of Conceptual Design, approval of
project delivery method, and direction on project funding.
Recommended Action: 1. Conceptual Design: Select either the One-Story or the Two-Story
Conceptual Design. Additional actions listed below as determined by Conceptual Design
selection.2. One-Story Conceptual Design a.Approve use of a traditional Design-Bid-Build
project delivery method. b. Authorize the City Manager or her designee to negotiate and
enter into all agreements as necessary with a qualified architectural firm and
construction/project management firm for an amount not-to-exceed $808,200. 3. Two-Story
Conceptual Design a. Authorize use of a Design-Build project delivery method, using best
value selection, assuming Design-Build is determined to be feasible.b. Approve Resolution
19-138 executing a loan agreement of up to $3,000,000 from the General Fund to Capital
Fund for the Library Room Expansion. c.Approve Budget Amendment 1920-070 increasing
appropriation by $3,000,000 for the Library Expansion Project. d. Authorize the City
Manager or her designee to negotiate and enter into all agreements as necessary with a
qualified architectural firm and construction/project management firm for an amount not-
to-exceed $1,870,500. 4. Staffing: Authorize transfer of a 3-year Limited Term Project
Manager in the Department of Public Works from the new City Hall project to the Library
Expansion Project.
Written communications for this item included a presentation.
Director of Public Works Roger Lee, Assistant City Manager Dianne Thompson, Capital
Improvement Program Manager Michael Zimmerman, and County Librarian and
Executive Director of the Santa Clara County Library District Nancy Howe reviewed the
presentation.
City Council Minutes November 19, 2019
Mayor Scharf opened public comment and the following individuals spoke:
Amanda Wo (Cupertino resident) on behalf of the Library Commission- in favor of two-
story option
Kitty Moore (representing self)-in favor of two-story option 1
Qin Pan (Cupertino resident, representing self) - in favor of two-story option
Liana Crabtree (representing self)-in favor, parking constraints, overflow and signage
Gilbert Wong (representing self)-in favor
Kirin Varshneya on behalf of Cupertino Library Foundation-in favor
Art Cohen (Morgan Hill resident) on behalf of the Cupertino Library Foundation- in favor
of two-story option
Henry Sang on behalf of Cupertino Library Foundation- in favor of two-story option
(provided written comments)
Lisa Warren-in favor of two-story option, bird safety
Rahul Vasanth (representing self)-in favor of two-story option
Mayor Scharf closed public comment.
Staff and presenters answered questions from Council.
Paul moved and Scharf seconded to:
1.Select the two-story conceptual design provided in the staff report accompanying agenda
item 16 with the following additional elements of:
a. Further partitioning off the second-story spaces of the divided program room into
meeting-oriented sub-spaces.
b. Opportunities for fundraising within the physical design.
c. Potential re-design of the restrooms.
d. Potential opening up of the first floor on the northern and/or southern sides of the story
room to the courtyard and redwood grove, respectively.
e. Potential integration of design elements of the library expansion with the natural
elements contained in the courtyard and redwood grove.
f. A potential balcony on the second story.
2. Further, for the Two-Story Conceptual Design:
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a. Authorize use of a Design-Build project delivery method, using best value selection,
assuming Design-Build is determined to be feasible.
b. Approve Resolution 19-138 executing a loan agreement of up to $3,000,000 from the
General Fund to Capital Fund for the Library Room Expansion.
c. Approve Budget Amendment 1920-070 increasing appropriation by $3,000,000 for the
Library Expansion Project.
City CoLmcil Minutes November 19,2019
d. Authorize the City Manager or her designee to negotiate and enter into all agreements as
necessary with a qualified architectural firm and construction/project management firm for
an amount not-to-exceed $1,870,500.; and
3. For Staffing: Authorize transfer of a 3-year Limited Term Project Manager in the
Department of Public Works from the new City Hall project to the Library Expansion
Project.
The motion carried with Sinks absent.
17. Subject: Approve the First Quarter Financial Report for Fiscal Year 2019-20
Recommended Action: 1. Accept the City Manager's First Quarter Financial Report for
Fiscal Year 2019-20 2. Adopt Resolution No. 19-139 approving First Quarter budget
adjustments 3. Adopt Resolution No. 19-140 amending the Compensation Program for the
Unrepresented (Management and Confidential) Employees
Written communications for this item included a presentation.
Director of Administrative Services Kristina Alfaro introduced the item and Finance
Manager Zachary Korach reviewed the presentation.
Mayor Scharf opened public comment and the following individuals spoke:
Jennifer Griffin- rezoning Lehigh quarry, protecting sensitive environmental areas.
Mayor Scharf closed public comment.
Staff answered questions from Council.
Paul moved and Willey seconded to:
1.Accept the City Manager's First Quarter Financial Report for Fiscal Year 2019-20 2.Adopt
Resolution No. 19-139 approving First Quarter budget adjustments 3.Adopt Resolution No.
19-140 amending the Compensation Program for the Unrepresented (Management and
Confidential) Employees.
The motion carried with Sinks absent.
ORAL COMMUNICATIONS - CONTINUED (As necessary)
COUNCIL AND STAFF COMMENTS AND FUTURE AGENDA ITEMS
Councilmembers highlighted the activities of their various community events.
City Council Minutes November 19, 2019
Willey/Scharf concurred to agendize a presentation by Cupertino High School seniors on
Vallco
Willey/Paul concurred to agendize a study session on Apple's bay area affordable housing
projects.
ADJOURNMENT
At 1:10 a.m. on Wednesday, November 20, Mayor Scharf adjourned the meeting.
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Kirsten Squarcia, Deputy City Clerk