CC 04-21-2020
APPROVED MINUTES
CUPERTINO CITY COUNCIL
Tuesday, April 21, 2020
REGULAR CITY COUNCIL MEETING
At 6:15 p.m. Mayor Steven Scharf called the Regular City Council meeting to order. This was
a teleconference meeting with no physical location.
ROLL CALL
Present: Mayor Steven Scharf, Vice Mayor Darcy Paul, and Councilmembers Liang Chao, Rod
Sinks, and Jon Robert Willey. Absent: None. All Councilmembers teleconferenced for the
meeting.
CLOSED SESSION
Council went into closed session at 6:15 p.m. and reconvened in open session at 6:45 p.m. This
was a teleconference meeting with no physical location.
Before Council went into closed session, Mayor Scharf opened public comment and, seeing no
speakers, closed public comment.
1. Subject: Conference with Legal Counsel ‐ Anticipated Litigation; (Government Code
Section 54956.9(d)): Possible Initiation of Litigation (Government Code Section
54956.9(d)(4)) (1 matter).
In open session, Mayor Scharf announced that Council confirmed approval to initiate
litigation by joining a coalition of cities and counties by a unanimous vote of all
councilmembers.
RECESS
OPEN SESSION
At 6:45 p.m. Mayor Steven Scharf reconvened the Regular City Council meeting. This was a
teleconference meeting with no physical location.
City Council Minutes April 21, 2020
ROLL CALL
Present: Mayor Steven Scharf, Vice Mayor Darcy Paul, and Councilmembers Liang Chao, Rod
Sinks, and Jon Robert Willey. Absent: None. All Councilmembers teleconferenced for the
meeting.
CEREMONIAL MATTERS AND PRESENTATIONS ‐ None
POSTPONEMENTS – None
ORAL COMMUNICATIONS
Housing Commissioner Connie Cunningham (representing herself), requested donations to
West Valley Community Services (WVCS), to continue paying for usual services during the
closures, and purchase gift cards to support small businesses.
Mihai Beffa said the numbers for Coronavirus deaths are small compared to the total deaths this
year and requested reopening the Sports Center, and the social separation on the tennis courts
was adequate.
REPORTS BY COUNCIL AND STAFF (10 minutes)
2. Subject: City Manager update on COVID‐19 response efforts
Recommended Action: Receive City Manager update on COVID‐19 response efforts
City Manager Deborah Feng gave an update.
City Attorney Heather Minner provided an overview on the City’s authority to ease
shelter‐in‐place restrictions and open local businesses.
Councilmembers made comments and asked questions.
City Clerk Kirsten Squarcia read an email on behalf of Lynda Wyckoff, concerning issues
with the teleconference pre‐registration protocol for the recent Environmental Review
Committee (ERC) meeting.
Council received the City Manager update on COVID‐19 response efforts.
City Council Minutes April 21, 2020
3. Subject: Report on Homeless
Recommended Action: Receive the Report on Homeless
Assistant Director of Community Development/Building Official Albert Salvador gave a
report.
Housing Manager Kerri Heusler and Santa Clara County Sheriff’s Office Captain Rich
Urena answered questions from Council.
Lisa Warren, said the encampment visits should also include collecting census data and
for the City to conduct outreach to residents for completing the census survey, and to use
City employees needing essential hours.
Housing Commissioner Connie Cunningham (representing herself) was concerned about
the City doing homeless sweeps when prior discussions were about mitigating COVID‐
19 and health issues.
Planning Commissioner Kitty Moore (representing herself), asked about the kinds of
items that were causing individuals to not follow the rules established by the shelters.
Councilmembers asked questions and made comments.
Council received the report on homeless.
4. Subject: Report on Committee assignments
Recommended Action: Report on Committee assignments
Councilmembers highlighted the activities of their various committees.
CONSENT CALENDAR
Paul moved and Scharf seconded to approve the items on the Consent Calendar as presented.
Ayes: Scharf, Paul, Chao, Sinks, and Willey. Noes: None. Abstain: None. Absent: None.
5. Subject: Approve the March 31 City Council minutes.
Recommended Action: Approve the March 31 City Council minutes.
6. Subject: Approve the April 7 City Council minutes
Recommended Action: Approve the April 7 City Council minutes
City Council Minutes April 21, 2020
7. Subject: Proclaiming May 2020 as “Keep it Clean Santa Clara County” Month
Recommended Action: Proclaim May 2020 as “Keep it Clean Santa Clara County”
Month
SECOND READING OF ORDINANCES
8. Subject: Second reading of a Development Agreement for a new 155‐room 7‐story hotel
(24‐hour operations) with underground parking, event meeting rooms, a ground floor
restaurant with separate bar and a rooftop lounge with separate bar by demolishing a
commercial building with an area of 8,323 sq. ft. (Application No: DA‐2018‐01;
Applicant(s): John Vidovich (De Anza Properties); Location: 10931 N De Anza Blvd.;
APN #326‐10‐061
Recommended Action: That the City Council conduct a second reading and enact
Ordinance No. 20‐2195: “An Ordinance of the City Council of the City of Cupertino
Approving a Development Agreement for the Development of a New 7‐Story, 155 Room
Hotel and Associated Site and Landscaping Improvements Located at 10931 N. De Anza
Blvd. (APN #326‐10‐061)”
City Clerk Kirsten Squarcia read the title of Ordinance No. 20‐2195: “An Ordinance of
the City Council of the City of Cupertino Approving a Development Agreement for the
Development of a New 7‐Story, 155 Room Hotel and Associated Site and Landscaping
Improvements Located at 10931 N. De Anza Blvd. (APN #326‐10‐061).”
Paul moved and Sinks seconded to enact Ordinance No. 20‐2195.
Paul amended his motion and Sinks seconded to include that the City Clerk’s reading by
title only would constitute the second reading thereof.
Ayes: Scharf, Paul, Chao, and Sinks. Noes: Willey. Abstain: None. Absent: None. Recuse:
None.
PUBLIC HEARINGS
9. Subject: Consider an appeal of the Planning Commissionʹs approval of a Minor
Residential Permit to allow a second‐story balcony. (Application: RM‐2017‐39;
Applicant: Francis Kun (Tsai residence); Project Location: 21865 San Fernando Avenue;
A.P.N.: 357‐15‐043; Appellant(s): Shayjan Huang and Eric and Cindy Fang)
Recommended Action: That the City Council Adopt Resolution No. 20‐036 denying the
appeal and upholding the Planning Commission’s decision to approve the application,
in accordance with the draft resolution (see Attachment A).
City Council Minutes April 21, 2020
Written Communications for this item included presentations from staff, appellants, and
homeowner.
The following people gave presentations.
Associate Planner Erika Poveda
Elizabeth Fang, on behalf of appellants Eric and Cindy Fang
Appellant Jay Huang
Homeowner David Tsai
Councilmembers asked questions and made comments.
Appellant Cindy Fang responded to comments.
Mayor Scharf opened the public hearing, and seeing no speakers, closed the public
hearing.
Sinks moved and Scharf seconded to adopt Resolution No. 20‐036 denying the appeal
and upholding the Planning Commission’s decision to approve the application.
After further discussion, Sinks withdrew his motion.
Willey made a new motion and Chao seconded to adopt Resolution No. 20‐036 denying
the appeal and upholding the Planning Commission’s decision to approve the
application in accordance with the draft resolution, with the a revision to the second‐
story deck that, prior to building permit issuance, the plans shall be revised to indicate
that the depth of the second‐story deck shall not exceed 12’ as measured from the second‐
story rear wall. The proposed width of the deck shall not be increased. The new motion
carried unanimously.
Council recessed from 9:39 p.m. to 9:45 p.m.
10. Subject: Fiscal Year (FY) 2020‐21 Fee Schedule Update
Recommended Action: Adopt Resolution No. 20‐037 Amending Below Market Rate
Housing Mitigation Fees to adopt fee categories and amounts for self‐storage and
warehouse uses; and, Adopt Resolution No. 20‐038 adopting FY 2020‐21 Fee Schedules
A, B, C, D, and E
Written Communications for this item included a presentation.
Finance Manager Zach Korach gave a presentation.
City Council Minutes April 21, 2020
Mayor Scharf opened the public hearing and the following people spoke.
Peggy Griffin, asked if the Clean Water and Storm Protection fee would be increased.
Mayor Scharf closed the public hearing.
Councilmembers asked questions and made comments.
Scharf moved and Chao seconded to adopt Resolution No. 20‐037 Amending Below
Market Rate Housing Mitigation Fees to adopt fee categories and amounts for self‐
storage and warehouse uses; and, Adopt Resolution No. 20‐038 adopting FY 2020‐21 Fee
Schedules A, B, C, D, and E. The motion carried unanimously.
ORDINANCES AND ACTION ITEMS
11. Subject: Authorization to execute a Fourth Amendment to Franchise Agreement
including provisions to pursue sole negotiations for a new Franchise Agreement for solid
waste collection services with Recology Cupertino; and, if negotiations are unsuccessful,
an 18‐month extension with a 5% increase on all rates effective February 1, 2021 and a
5% increase on all rates effective February 1, 2022 in order to allow time to identify
another solid waste collector.
Recommended Action: 1. Authorization of the City Manager to execute a Fourth
Amendment to Franchise Agreement with Recology Cupertino for solid waste collection
services (Attachment A) with provisions including:
1) Pursue negotiation of a new 10‐year agreement with Recology Cupertino; and
2) If negotiations are unsuccessful or are not completed by the end of the current
Franchise Agreement term on January 31, 2021, an eighteen (18) month extension to the
Franchise Agreement with no changes in service with a 5% special maximum rate
adjustment effective February 1, 2021 followed by a second 5% special maximum rate
adjustment effective February 1, 2022; and
2. Adopt Franchise Negotiations Communications Protocol (Attachment B); and
3. Adopt Resolution No. 20‐039, a resolution to negotiate a new Franchise Agreement
and define a bridge term that includes a special maximum rate adjustment (Attachment
C).
Written communications for this item included a presentation.
Director of Public Works Roger Lee and Environmental Programs Manager Ursula Syrova
gave a presentation.
Mayor Scharf opened public comment and the following people spoke.
City Council Minutes April 21, 2020
Peggy Griffin asked Council to stop approving increases in utility fees since they add up
for people without jobs and on fixed incomes, as well as for struggling businesses.
Mayor Scharf closed public comment.
Councilmembers made comments and asked questions.
Sinks moved and Scharf seconded to:
1. Authorize the City Manager to execute a Fourth Amendment to Franchise Agreement
with Recology Cupertino for solid waste collection services with provisions including:
3) Pursue negotiation of a new 10‐year agreement with Recology Cupertino; and
4) If negotiations are unsuccessful or are not completed by the end of the current
Franchise Agreement term on January 31, 2021, an eighteen (18) month extension to the
Franchise Agreement with no changes in service with a 5% special maximum rate
adjustment effective February 1, 2021 followed by a second 5% special maximum rate
adjustment effective February 1, 2022; and
4. Adopt Franchise Negotiations Communications Protocol; and
5. Adopt Resolution No. 20‐039, a resolution to negotiate a new Franchise Agreement
and define a bridge term that includes a special maximum rate adjustment.
The motion carried unanimously.
ORAL COMMUNICATIONS ‐ CONTINUED (As necessary) ‐ None
COUNCIL AND STAFF COMMENTS AND FUTURE AGENDA ITEMS
Council added the following agenda items:
‐ provide a fiscal impact analysis report of the entire response to COVID‐19 at the April 28
special meeting (Chao/Willey)
‐ request allocation of federal funding for small business support and landlord rent forgiveness
(Paul/Scharf)
‐ discuss a re‐opening plan for businesses operating after the County’s Shelter‐in‐Place at the
May 5 regular meeting or thereafter (Chao/Scharf)
‐ discuss the City’s position on development within the General Plan framework and General
Plan amendment process regarding exceptions and waivers (Willey/Chao)
City Council Minutes April 21, 2020
ADJOURNMENT
At 11:34 p.m., Mayor Scharf adjourned the meeting.
_____________________________
Kirsten Squarcia, City Clerk