CC 12-03-2019 (Special) C U P E RT I N O APPROVED MINUTES
CUPERTINO CITY COUNCIL
Tuesday, December 3, 2019
SPECIAL CITY COUNCIL MEETING
At 5:40 p.m. Mayor Steven Scharf called the Special 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 (5:45 p.m.), and Councilmembers
Darcy Paul, Rod Sinks, and Jon Robert Willey. Absent: None.
ELECTION OF MAYOR AND VICE MAYOR
1. Subject: Councilmembers elect Mayor
Recommended Action: Make nominations and elect Mayor
Paul moved and Willey seconded to nominate and elect Steven Scharf as Mayor. The motion
carried with Chao absent.
2. Subject: Councilmembers elect Vice Mayor
Recommended Action: Make nominations and elect Vice Mayor
Willey moved and Scharf seconded to nominate and elect Darcy Paul as Vice Mayor. The
motion carried with Chao absent.
OATH OF OFFICE
3. Subject: Mayor takes Oath of Office
Recommended Action: Mayor takes Oath of Office
City Clerk Grace Schmidt gave the Oath of Office to newly-elected Mayor Steven Scharf.
4. Subject: Vice Mayor takes Oath of Office
City Council Minutes December 3, 2019
Recommended Action: Vice Mayor takes Oath of Office
City Clerk Grace Schmidt gave the Oath of Office to newly-elected Vice Mayor Darcy Paul.
COMMENTS BY NEW MAYOR
5. Subject: Comments by new Mayor
Recommended Action: Comments by new Mayor
Newly-elected Mayor Scharf made comments.
COMMENTS BY COUNCILMEMBERS AND PUBLIC
6. Subject: Comments by Councilmembers
Recommended Action: Comments by Councilmembers
Councilmembers made comments.
7. Subject: Members of the audience are invited to speak (no Speaker Cards necessary)
Recommended Action: Members of the audience are invited to speak
Members of the audience spoke.
RECEPTION
8. Subject: The public is invited to attend a reception in the lobby
Recommended Action: The public is invited to attend a reception in the lobby
Newly-elected Mayor Scharf invited the public to attend a reception in the lobby.
ADJOURNMENT
At 5:56 p.m., Mayor Scharf adjourned the Special meeting.
REGULAR CITY COUNCIL MEETING
PLEDGE OF ALLEGIANCE
At 6:46 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
City Council Minutes December 3, 2019
Allegiance.
ROLL CALL
Present: Mayor Steven Scharf, Vice Mayor Liang Chao, and Councilmembers Darcy Paul,
Rod Sinks (left meeting at 10:40 p.m.), and Jon Robert Willey. Absent: None.
CEREMONIAL MATTERS AND PRESENTATIONS - None
POSTPONEMENTS
City Clerk Grace Schmidt noted that item number 5 could be tabled as there is already a
previously scheduled alternate to fill the Bicycle Pedestrian Commission unscheduled
vacancy.
ORAL COMMUNICATIONS
Ignatius Ding (Cupertino resident) talked about the Vallco SB 35 application and the
Vallco overpass.
Connie Cunningham (Cupertino resident) talked about an emergency housing
ordinance for Cupertino. (Provided written comments).
Lisa Warren talked about the Vallco SB35 application and roadway easements, and
agendize housing bill discussions and R1 improvements related to privacy balcony
guidelines. (Provided written comments).
Neil McClintock talked about the City doing an emergency tenant protection ordinance.
Jennifer Griffin talked about concern over lack of housing and no support for SB50.
Kitty Moore talked about having an emergency ordinance before the end of the year.
REPORTS BY COUNCIL AND STAFF (10 minutes)
1. Subject: Report on Committee assignments
Recommended Action: Report on Committee assignments
Councilmembers highlighted the activities of their various committees.
City Council Minutes December 3,2019
City Manager Deb Feng mentioned that the Cities Association had asked the City
Managers to come up with a set of guidelines regarding transportation. She noted that
the City Managers had met and would finalize their top five guidelines to pass along to
the Cities Association.
CONSENT CALENDAR
Sinks moved and Paul seconded to approve items on the Consent Calendar as presented
except for item number 4 which was pulled for discussion and item number 5 which was
tabled. Ayes: Scharf, Chao, Paul, Sinks, and Willey: Noes: None. Abstain: None. Absent:
None.
2. Subject: Approve the November 5 City Council minutes
Recommended Action: Approve the November 5 City Council minutes
3. Subject: Approve the November 19 City Council minutes
Recommended Action: Approve the November 19 City Council minutes
4. Subject: Declare properties as having potential fire hazards or other potential nuisances
from weeds for the Cupertino Weed Abatement Program; set hearing date to declare a
public nuisance and to consider objections for proposed removal.
Recommended Action: Adopt Resolution No. 19-141 declaring properties as having
potential fire hazards or other potential nuisances from weeds; and set hearing on January
21, 2020 to declare a public nuisance and to consider objections for proposed removal.
Councilmember Chao recused herself on this item and left the dais.
Mayor Scharf opened public comment and the following individual spoke:
Brent Bardsley (Cupertino resident)
Sinks moved and Paul seconded to adopt Resolution No. 19-141 declaring properties as
having potential fire hazards or other potential nuisances from weeds; and set hearing on
January 21, 2020 to declare a public nuisance and to consider objections for proposed
removal. The motion carried with Chao recusing.
5. Subject: Accept termination of Bicycle Pedestrian Commission member Pete Heller and
direct staff to fill the unscheduled, partial vacancy in January 2020 concurrent with the
annual recruitment for all commission and committee members' terms expiring in January
2020.
City Council Minutes December 3,2019
Recommended Action: Accept termination of Bicycle Pedestrian Commission member Pete
Heller and direct staff to fill the unscheduled, partial vacancy in January 2020 concurrent
with the annual recruitment for all commission and committee members' terms expiring in
January 2020.
This item was tabled.
6. Subject:Reject all bids received for the Blackberry Farm Slide and Recreation Pool Remodel,
(Project No. 2020-10) and authorize the Director of Public Works to competitively solicit
contractors to only complete work necessary to resolve spot repair of rust stains in the pools.
Recommended Action: 1. Receive report on bids for the Blackberry Farm Slide and
Recreation Pool Remodel; and 2. Authorize the Director of Public Works to reject all bids
for the Blackberry Farm Slide and Recreation Pool Remodel; and 3. Authorize the Director
of Public Works to competitively solicit contractors to only complete work necessary to
resolve spot repair of rust stains in the pools.
Councilmember Chao returned to the dais.
SECOND READING OF ORDINANCES - None
PUBLIC HEARINGS
7. Subject: Municipal Code Amendments to Chapter 19.80 to clarify development standards
in the Planned Development (P) Zoning Districts (Application No. MCA-2019-005
Applicant: City of Cupertino; Location: In P zoning districts located City-wide); Adoption
of the Third Addendum to the 2014 General Plan Final EIR; and Finding the Actions Are
Not a Project Under and Exempt from CEQA.
Recommended Action: That the City Council conduct the first reading of Ordinance No. 19-
2191: "An Ordinance of the City Council of the City of Cupertino adopting the Third
Addendum to the 2014 General Plan Final EIR and Amendments to Chapter 19.80 (Planned
Development (P) Zones) of the Cupertino Municipal Code to Clarify Development
Standards in P Zones."
Written communications for this item included a presentation and an amended Attachment
A-Draft Ordinance.
Director of CommunityDevelopment Ben Fu introduced the item and Planning Manager
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Piu Ghosh reviewed the presentation.
Mayor Scharf opened the public hearing and the following individual spoke:
City Council Minutes December 3, 2019
Jennifer Griffin
Mayor Scharf closed the public hearing.
Staff answered questions from Council.
City Clerk Grace Schmidt read the title of Ordinance No. 19-2191: "An Ordinance of the
City Council of the City of Cupertino adopting the Third Addendum to the 2014 General
Plan Final EIR and Amendments to Chapter 19.80 (Planned Development (P) Zones) of the
Cupertino Municipal Code to Clarify Development Standards in P Zones."
Paul moved and Scharf seconded to read Ordinance No. 19-2191 by title only and that the
City Clerk's reading would constitute the first reading thereof with amendments to chapter
19.80.050,Development Permit to state, "...the applicant must obtain a development permit
approving the development, and approval of a required or requested definitive plan..." as
articulated by the City Attorney and shown on the screen and amendments to Section III,
Section 4 as per the desk item. Ayes: Scharf, Chao, Paul, Sinks, and Willey. Noes: None.
Abstain: None. Absent: None. Recuse: None.
Council recessed from 8:41 p.m. to 8:49 p.m.
8. Subject: Municipal Code Amendments to Chapter 13.08 (Park Land Dedication and Fee)
and Chapter 18.24 (Dedications and Reservations) to Clarify Park Land Dedication and In
Lieu Fee Requirements; Adoption of the Fourth Addendum to the 2014 General Plan Final
EIR; and Finding the Actions Are Not a Project Under and Exempt From CEQA.
Recommended Action:That the City Council conduct the first reading of Ordinance No. 19-
2192: "An Ordinance of the City Council of the City of Cupertino Adopting the Fourth
Addendum to the 2014 General Plan Final EIR and Amendments to Chapter 13.08 and
Chapter 18.24 of the Municipal Code to Clarify Standards for Park Land Dedications and
Fees In lieu Thereof."
Written communications for this item included an email to Council, presentation and an
amended Attachment A — Draft Ordinance and Attachment B - Redline Municipal Code
Amendments.
Assistant Director of Public Works Chad Mosely reviewed the presentation.
Mayor Scharf opened the public hearing and the following individual spoke:
Jean Bedord (Cupertino resident)
City Council Minutes December 3,2019
Jennifer Griffin
Janet Van Zoeren (Cupertino resident)
Mayor Scharf closed the public hearing.
Staff answered questions from Council.
City Clerk Grace Schmidt read the title of Ordinance No. 19-2192: "An Ordinance of the
City Council of the City of Cupertino Adopting the Fourth Addendum to the 2014 General
Plan Final EIR and Amendments to Chapter 13.08 and Chapter 18.24 of the Municipal Code
to Clarify Standards for Park Land Dedications and Fees In lieu Thereof."
Paul moved and Scharf seconded to read Ordinance No. 19-2192 by title only and that the
City Clerk's reading would constitute the first reading thereof with amendments to Chapter
13.08.080 B3 and Section III, Section 3 as per the desk items and the following additional
amendments: Strike row indicating "10+" in column labeled "Density (DU/acre)" in Table
13.08.050; amend language to Section 13.08.050 F4 to state, "All dedicated land must be at
least 50 feet wide in any horizontal dimension..."; add language to Table 13.08.080 under
"Mandatory Element" to state that"All dedicated land must be at least 50 feet wide in any
horizonal dimension"; request that staff consider a future nexus study on average number
of persons per dwelling be proposed to a future Council Work Program item. Ayes: Scharf,
Chao, Paul, and Willey. Noes: Sinks. Abstain: None. Absent: None. Recuse: None.
ORDINANCES AND ACTION ITEMS
9. Subject: Consider out-of-cycle Community Funding Grant for West Valley Community
Services.
Recommended Action: Consider an out-of-cycle Community Funding Grant request of
$5,000 for West Valley Community Services Gift of Hope Program and either: Approve a
Community Funding Grant of $5,000 for West Valley Community Services Gift of Hope
Program, or • Recommend that West Valley Community Services apply for a Community
Funding Grant during the City's regular grant process.
Written communications for this item included a presentation.
Director of Administrative Services Kristina Alfaro reviewed the presentation.
Mayor Scharf opened public comment and the following individuals spoke:
Vanessa Escobar on behalf of West Valley Community Services
City Council Minutes December 3,2019
Janet Van Zoeren (Cupertino resident)
Mayor Scharf closed public comment.
Paul moved and Willey seconded to approve a Community Funding Grant of $5,000 for
West Valley Community Services Gift of Hope Program. The motion carried with Sinks
voting no.
ORAL COMMUNICATIONS - CONTINUED (As necessary) - None
COUNCIL AND STAFF COMMENTS AND FUTURE AGENDA ITEMS
Councilmembers highlighted the activities of their various community events.
The following requests were made for future agenda items:
Chao/Paul/Scharf/Paul: Bring to Council an emergency tenant protection ordinance at the
next meeting if feasible and broadcast resources where people can go for help.
Scharf: Look into putting standards in place for rooftop public parks; study session to take
position on Faster Bay Area proposal; take position on PG&E to be a separate district.
City Manager Deb Feng gave an update on the Vallco Shopping Mall demolition.
ADJOURNMENT
At 11:03 p.m., Mayor Scharf adjourned the meeting.
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Grace Schmidt, City Clerk