CC 11-02-2020 (Special)
APPROVED MINUTES
CUPERTINO CITY COUNCIL
Monday, November 2, 2020
SPECIAL CITY COUNCIL MEETING
At 5:30 p.m. Mayor Steven Scharf called the Special 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.
STUDY SESSION
1. Subject: Presentation on the transition from Level of Service (LOS) to Vehicle Miles
Traveled (VMT) for determination of transportation impacts under the California
Environmental Quality Act (CEQA), as required by Senate Bill (SB) 743
Recommended Action: Receive staff presentation and recommendations on the
transition from LOS to VMT; provide input on VMT methods, metrics, thresholds, and
the continued use of LOS outside of CEQA
Written communications for this item included a consultant presentation and emails to
Council.
Senior Transit & Transportation Planner Chris Corrao introduced Fehr and Peers
Consultants Teresa Whinery and Dan Rubins who gave a presentation.
Councilmembers asked questions and made comments.
Mayor Scharf opened the public comment period and the following people spoke.
Jennifer Griffin was said the item was very technical for the public to understand and
opposed removing LOS because the tool has been used successfully for years.
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Planning Commissioner Kitty Moore (representing self) said the white paper report
was not presented to the Planning Commission on September 22 and the item should
be heard again by the Commission.
Mayor Scharf closed the public comment period.
Council received the staff presentation and recommendations on the transition from
LOS to VMT; and provided the following input.
continue to explore these tools to reduce greenhouse gasses
send back to the Planning Commission and Bicycle Pedestrian Commission for
further input
concepts are technical/simplify for better public understanding
provide greater detail on how calculations are figured
look at objective standards for a standard condition of approval
ADJOURNMENT
REGULAR CITY COUNCIL MEETING
At 6:45 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.
CEREMONIAL MATTERS AND PRESENTATIONS
1. 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)
Cupertino High School Volunteer Team Leader and Silicon Valley Korean School
(SVKS) Team Leader Richard Oh accepted the Certificates of Appreciation on behalf of
SVKS.
Mayor Scharf presented the Certificates of Appreciation to volunteers at the Silicon
Valley Korean School (SVKS).
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POSTPONEMENTS – None
ORAL COMMUNICATIONS
Bicycle Pedestrian Commissioner Muni Madhdhipatla (representing self) was concerned about
misinformation regarding legal expenses reimbursed to the City for the Vallco SB 35 lawsuit
and new NextDoor posting rules.
Jennifer Griffin was concerned about super PACs (political action committees) funding housing
bills in the Bay Area and in Oregon.
Venkat Ranganathan was concerned about the health safety of the 5G small cell sites proposed
for installation in Cupertino and opposed locations near residences and schools.
Aparna Sayana was concerned about the health risks related to the 5G small cell sites proposed
for installation in Cupertino and opposed locations in residential areas.
Ram Sripathi Verizon was concerned about the health effects of small cell sites and opposed a
proposed site installation on McClellan Road near homes.
City Clerk Kirsten Squarcia read the following emails into the record.
‐ on behalf of Lisa Warren regarding legal fees reimbursed by Vallco Property Owner, LLC
for Friends of Better Cupertino v. City of Cupertino relating to the Vallco SB 35 project.
(Submitted written comments).
‐ on behalf of Silicon Valley Leadership Group Vice President Tim McRae to participate in
the Annual Applied Materials ʺSilicon Valley Turkey Trotʺ on Thanksgiving.
REPORTS BY COUNCIL AND STAFF (10 minutes)
2. Subject: City Manager update on emergency response efforts
Recommended Action: Receive City Manager update on emergency response efforts
City Manager Deborah Feng reported on COVID‐19 case rates, testing opportunities,
state tier assignment updates, and vaccine timeline estimates; City events; voter
information; public safety power shutoff (PSPS) and inclement weather updates;
homeless encampment updates; and Cupertino small business emergency relief grant
recipients.
Council received the City Manager update on emergency response efforts.
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3. Subject: Report on Committee assignments
Recommended Action: Report on Committee assignments
Councilmembers highlighted the activities of their various committees.
CONSENT CALENDAR
Scharf moved and Willey seconded to approve the items on the Consent Calendar as
presented. Ayes: Scharf, Paul, Chao, Sinks, and Willey. Noes: None. Abstain: None. Absent:
None.
4. Subject: Approve the October 20 City Council minutes
Recommended Action: Approve the October 20 City Council minutes
5. Subject: Accept Accounts Payable for the period ending July 13, 2020
Recommended Action: Adopt Resolution No. 20‐118 accepting Accounts Payable for
the period ending July 13, 2020
6. Subject: Accept Accounts Payable for the period ending July 20, 2020
Recommended Action: Adopt Resolution No. 20‐119 accepting Accounts Payable for
the period ending July 20, 2020
7. Subject: Accept Accounts Payable for the period ending July 27, 2020
Recommended Action: Adopt Resolution No. 20‐120 accepting Accounts Payable for
the period ending July 27, 2020
8. Subject: Accept Accounts Payable for the period ending August 03, 2020
Recommended Action: Adopt Resolution No. 20‐121 accepting Accounts Payable for
the period ending August 03, 2020
9. Subject: Accept Accounts Payable for the period ending August 10, 2020
Recommended Action: Adopt Resolution No. 20‐122 accepting Accounts Payable for
the period ending August 10, 2020
10. Subject: Accept Accounts Payable for the period ending August 17, 2020
Recommended Action: Adopt Resolution No. 20‐123 accepting Accounts Payable for
the period ending August 17, 2020
11. Subject: Accept Accounts Payable for the period ending August 24, 2020
Recommended Action: Adopt Resolution No. 20‐124 accepting Accounts Payable for
the period ending August 24, 2020
12. Subject: Accept Accounts Payable for the period ending August 31, 2020
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Recommended Action: Adopt Resolution No. 20‐125 accepting Accounts Payable for
the period ending August 31, 2020
13. Subject: Accept Accounts Payable for the period ending September 08, 2020
Recommended Action: Adopt Resolution No. 20‐126 accepting Accounts Payable for
the period ending September 08, 2020
14. Subject: Accept Accounts Payable for the period ending September 11, 2020
Recommended Action: Adopt Resolution No. 20‐127 accepting Accounts Payable for
the period ending September 11, 2020
15. Subject: Accept Accounts Payable for the period ending September 21, 2020
Recommended Action: Adopt Resolution No. 20‐128 accepting Accounts Payable for
the period ending September 21, 2020
16. Subject: Accept Accounts Payable for the period ending September 28, 2020
Recommended Action: Adopt Resolution No. 20‐129 accepting Accounts Payable for
the period ending September 28, 2020
17. Subject: Authorization to extend the 2015 Contractual Janitorial Service Contract
Recommended Action: Authorize the City Manager to extend the 2015 Contractual
Janitorial Service Contract, Project No. 2015‐23 with IMPEC Group, Inc., for a term of
up to one year due to the impacts of COVID‐19
SECOND READING OF ORDINANCES
18. Subject: Second reading of Ordinance No. 20‐2213 adopting Municipal Code
Amendments to CMC Chapter 10.48 Community Noise Control to regulate leaf
blowers to implement the Fiscal Year 2020‐21 City Council Work Program items related
to ordinance updates on gas‐powered leaf blowers. Application No(s).: MCA‐2020‐002;
Applicant(s): City of Cupertino; Location: Citywide.
Recommended Action: Conduct the second reading and enact Ordinance No. 20‐2213:
ʺAn Ordinance of the City Council of the City of Cupertino to Amend Chapter 10.48,
Community Noise Control to Adopt Leaf Blower Regulations.ʺ
Mayor Scharf opened the public comment period and, seeing no speakers, closed the
public comment period.
City Clerk Kirsten Squarcia read the title of Ordinance No. 20‐2213: ʺAn Ordinance of
the City Council of the City of Cupertino amending Chapter 10.48, Community Noise
Control for Leaf Blower Regulations.ʺ
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Scharf moved and Willey seconded to read the title of Ordinance No. 20‐2213 by title
only and that the City Clerk’s reading would constitute the second reading thereof.
Ayes: Scharf, Paul, Chao, Sinks, and Willey. Noes: None. Abstain: None. Absent: None.
Scharf moved and Willey seconded to enact Ordinance No. 20‐2213.
Ayes: Scharf, Paul, Chao, Sinks, and Willey. Noes: None. Abstain: None. Absent: None.
19. Subject: Second reading of Ordinance No. 20‐2214 to adopt minor, cleanup
amendments to the Cupertino Municipal Code: “An Ordinance of the City Council of
the City of Cupertino amending Cupertino Municipal Code Section 2.04.010
(concerning regular meetings of the City Council); Section 2.28.040 (concerning powers
and duties of the City Manager); Section 8.01.090 (concerning animals in City
buildings); Chapter 11.08 (concerning bicycle licensing and registration); and Section
13.04.190 (concerning activities prohibited in City parks).”
Recommended Action: Conduct the second reading and enact Ordinance No. 20‐2214:
“An Ordinance of the City Council of the City of Cupertino amending Cupertino
Municipal Code Section 2.04.010 (concerning regular meetings of the City Council);
Section 2.28.040 (concerning powers and duties of the City Manager); Section 8.01.090
(concerning animals in City buildings); Chapter 11.08 (concerning bicycle licensing and
registration); and Section 13.04.190 (concerning activities prohibited in City parks).”
Mayor Scharf opened the public comment period and, seeing no speakers, closed the
public comment period.
City Clerk Kirsten Squarcia read the title of Ordinance No. 20‐2214: “An Ordinance of
the City Council of the City of Cupertino amending Cupertino Municipal Code Section
2.04.010 (concerning regular meetings of the City Council); Section 2.28.040 (concerning
powers and duties of the City Manager); Section 8.01.090 (concerning animals in City
buildings); Chapter 11.08 (concerning bicycle licensing and registration); and Section
13.04.190 (concerning activities prohibited in City parks).”
Paul moved and Sinks seconded to read the title of Ordinance No. 20‐2214 by title only
and that the City Clerk’s reading would constitute the second reading thereof.
Paul moved and Sinks seconded to enact Ordinance No. 20‐2214.
Ayes: Scharf, Paul, Chao, Sinks, and Willey. Noes: None. Abstain: None. Absent: None.
20. Subject: Second reading of Ordinance No. 20‐2215 for a one‐time adjustment to the
City of Cupertino minimum wage to be consistent with the cities of Los Altos, Palo
Alto, and Santa Clara such that the minimum wage will be consistent among those
cities and the City of Cupertino in 2021 and in subsequent years to achieve a desired
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uniformity among the cities of Los Altos, Palo Alto, and Santa Clara
Recommended Action: Conduct the second reading and enact Ordinance No. 20‐2215:
ʺAn Ordinance of the City of Cupertino to set the minimum wage for 2021 at $15.65 per
hourʺ.
Mayor Scharf opened the public comment period and, seeing no speakers, closed the
public comment period.
City Clerk Kirsten Squarcia read the title of Ordinance No. 20‐2215: “An Ordinance of
the City Council of the City of Cupertino to set the minimum wage for 2021 at $15.65
per hour.ʺ
Sinks moved and Scharf seconded to read the title of Ordinance No. 20‐2215 by title
only and that the City Clerk’s reading would constitute the second reading thereof.
Sinks moved and Scharf seconded to enact Ordinance No. 20‐2215.
Ayes: Scharf, Paul, Chao, Sinks, and Willey. Noes: None. Abstain: None. Absent: None.
Council recessed from 7:52 p.m. to 7:56 p.m.
PUBLIC HEARINGS – None
ORDINANCES AND ACTION ITEMS
21. Subject: Discuss improvements to the Weed Abatement Program, and approve a
budget appropriation (BMN 2021‐105) of $8,046 to supplement outreach for the Weed
Abatement Program and to cover initial inspection fees for properties found to be in
compliance.
Recommended Action: Discuss improvements to the Weed Abatement Program, and
approve a budget appropriation (BMN 2021‐105) of $8,046 to supplement outreach for
the Weed Abatement Program and to cover initial inspection fees for properties found
to be in compliance.
Written communications for this item included a staff presentation.
Councilmember Chao recused herself and left the meeting.
Assistant to the City Manager Katy Nomura gave a presentation.
Mayor Scharf opened the public comment period and the following people spoke.
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Councilmember Liang Chao (representing self) supported paying the fine but opposed
being added to the list for three years after property compliance and abatement.
Bicycle Pedestrian Commissioner Muni Madhdhipatla (representing self) asked about
the follow‐up process when using the County mobile application to report weed issues.
Mayor Scharf closed the public comment period.
Councilmembers asked questions and made comments.
Sinks moved and Scharf seconded to approve a budget appropriation (BMN 2021‐105)
for the updated amount of $8,886 to supplement outreach for the Weed Abatement
Program and to cover initial inspection fees for properties found to be in compliance.
Paul made a friendly amendment to continue these practices moving forward and to
approve an ongoing budget allocation in the annual budget. (Sinks and Scharf accepted
the friendly amendment).
The amended motion carried unanimously with Chao recused.
Councilmember Chao returned to the meeting.
22. Subject: Consider investigating potential acquisition of Cupertino Union School District
(CUSD) property located on Finch Avenue next to D. J. Sedgwick Elementary School
and discuss other potential steps to assist CUSD in light of potential school closures in
Cupertino; provide direction to staff on these issues.
Recommended Action: Provide direction to staff to investigate potential acquisition of
CUSD property located on Finch Avenue next to D. J. Sedgwick Elementary School,
and provide direction on any other potential steps.
Written communications for this item included a staff presentation and an email to
Council.
City Manager Deborah Feng gave a presentation.
CUSD Board of Education Interim Superintendent Stacy McAfee‐Yao and President
Lori Cunningham gave statements and answered questions.
Mayor Scharf opened the public comment period and the following people spoke.
Jennifer Griffin opposed closing or selling Hyde or Sedgwick and was interested in
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pursuing the Sedgwick property.
Bicycle Pedestrian Commissioner Muni Madhdhipatla (representing self) supported
equitable parcel and property taxes and square foot‐based taxes.
Fine Arts Commissioner Sudha Kasamsetty (representing self) supported looking at
viable solutions, City collaboration, and partnering on the Finch property.
Shaohua Yang supported looking into increasing the sales taxes generated by Apple to
support the schools.
Jean Bedord opposed the timing of the non‐City work plan item, with no prior outreach
to CUSD, and the City making decisions for another jurisdiction.
Councilmember Sinks left the meeting.
Lisa Warren supported better communication of the district’s funding issues,
collaborating with the other cities in the district, and passing a parcel tax.
Planning Commissioner Vikram Saxena (representing self) supported preserving CUSD
land and collaborating with the City to address structural issues.
Liping Cui asked why CUSD was looking at school closures when other cities with
decreased enrollment were not.
Planning Commissioner Kitty Moore (representing self) supported accurate and
consistent data on CUSD needs and the City collaborating on steps to help CUSD.
Yonghui Mou supported passing a parcel tax before closing schools and postponing a
decision until next semester.
Lili Li supported passing a parcel tax and other solutions before closing schools,
transparency in enrollment status and funding, and more community involvement.
Planning Commissioner David Fung (representing self) supported CUSD actions given
the enormous decline and supported working as community with the CUSD.
Sowmya Ramarao opposed the current CUSD plan to save money with the impact on
Meyerholz Elementary School students, and supported City collaboration.
Kristen Lyn supported passing a parcel tax, exploring other solutions before closing
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schools, and greater transparency.
Peggy Griffin supported a square foot parcel tax, the City and CUSD partnering on the
Finch location, and opposed closing schools and losing parks.
Shridhar Shirahatti supported looking at other revenue increasing options before
closing schools.
Mayor Scharf closed the public comment period.
Councilmembers asked questions and made comments.
Council directed the City Manager and staff to meet with Cupertino Union School
District (CUSD) to evaluate options for collaboration including potential real property
acquisition and provide recommendations (Sinks absent).
ORAL COMMUNICATIONS ‐ CONTINUED (As necessary) ‐ None
COUNCIL AND STAFF COMMENTS AND FUTURE AGENDA ITEMS
Added the following future agenda items.
‐ Discuss a City Council policy to end City Council meetings by midnight (Paul/Scharf)
‐ Consider an amendment to the Municipal Code regarding lobbying activity (Paul/Chao)
ADJOURNMENT
At 10:01 p.m., Mayor Scharf adjourned the meeting.
___________________________
Kirsten Squarcia, City Clerk