CC 11-17-2020 (Special)
APPROVED MINUTES
CUPERTINO CITY COUNCIL
Tuesday, November 17, 2020
SPECIAL CITY COUNCIL MEETING
At 5:00 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: Review the “Regional Housing Needs Allocation Proposed Methodology
Report: San Francisco Bay Area, 2023 ‐ 2031,” discuss potential comments, and decide
whether any comments should be sent on behalf of the City.
Recommended Action: That the City Council review the “Regional Housing Needs
Allocation Proposed Methodology Report: San Francisco Bay Area, 2023 ‐ 2031” issued
by the Association of Bay Area Governments (ABAG) (Attachment A), discuss potential
comments on the RHNA methodology or proposed preliminary draft local RHNA, and
decide whether any comments should be sent on behalf of the City.
Written communications for this item included a staff presentation and emails to
Council.
Director of Community Development Ben Fu reviewed the staff report.
Planning Manager Piu Ghosh gave a presentation.
Mayor Scharf opened the public comment period and the following people spoke.
City Council Minutes November 17, 2020
Page 2
Jennifer Griffin was concerned about RHNA powers and responsibilities and board
member qualifications and funding from super PACs (political action committees).
Planning Commissioner Kitty Moore (representing self) was concerned about a higher
proportional cycle increase compared to other cities and the required number of
affordable housing units.
Mayor Scharf closed the public comment period.
Councilmembers asked questions and made comments.
Council authorized forming a subcommittee comprised of Scharf and Chao to draft a
letter on behalf of the City Council including the following points.
• address the issue of the total allocation for Association of Bay Area Governments
(ABAG) region by urging California Department of Housing and Community
Development (HCD) to reexamine the 441,000 regional housing needs number based
on the studies by Freddie Mac and Embarcadero Institute
• we are concerned that artificially high and unachievable Regional Housing Needs
Allocation (RHNA) allocations will result in a situation where affordable housing
cannot be built due to a lack of subsidies being provided
• Cupertino has a 15% and 20% inclusionary requirement but the ABAG requirement
is 57.44% for low, very low, and moderate so there is a disconnect and Cupertino is
not permitted to raise its inclusionary requirement to the required levels under
RHNA
• there should be some correlation in the affordable housing requirement percentage
and the money to build it
ADJOURNMENT
REGULAR CITY COUNCIL MEETING
At 6:48 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.
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CEREMONIAL MATTERS AND PRESENTATIONS
POSTPONEMENTS
Item #16 City of Cupertino 2020 Transportation Impact Fee Nexus Study Update, increasing the
Transportation Impact Fees, and amending Schedule B of the 2020‐21 Fee Schedule to
incorporate the increased fees has been continued to December 1.
Scharf moved and Sinks seconded to reorder the agenda to hear Item No. 20 before Item No. 17.
The motion carried unanimously.
ORAL COMMUNICATIONS
Bicycle Pedestrian Commissioner Muni Madhdhipatla (representing self) opposed the
installation of a proposed small cell site in proximity to residences and supported alternate
locations. (Submitted written comments).
Venkat Ranganathan opposed the installation of a proposed small cell site near homes, had
health safety concerns, and supported an alternate location.
Peter Chu opposed the installation of a proposed small cell site near homes and supported
reviewing Cupertino standards compared to other cities.
Ram Sripathi opposed the installation of a proposed small cell site in proximity to residences,
supported alternate sites, and was concerned with long‐term health effects.
Sateesh Madhathil opposed the installation of a proposed small cell site near homes and
supported alternate locations.
Jennifer Griffin was concerned about local super PACs (political action committees) funding
housing bills, loss of local control, and supported greater transparency.
Hongchi Shih opposed the installation of a proposed small cell site in proximity to homes.
Cindy Woo opposed the installation of a proposed small cell site and was concerned about
radiofrequency emissions.
Raj Sayana opposed the installation of a proposed small cell site located near a daycare center,
supported looking at guidelines of other cities, and was concerned about health effects.
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Prashant Deo opposed the installation of proposed Verizon cell sites and was concerned about
future carriers also installing sites.
REPORTS BY COUNCIL AND STAFF (10 minutes)
1. Subject: City Manager update on emergency response efforts
Recommended Action: Receive City Manager update on emergency response efforts
City Manager Deborah Feng reported on Santa Clara County’s COVID‐19 tier
assignment status and Cupertino COVID‐19 case counts and testing opportunities; Parks
and Recreation activities, elections, inclement weather, and homelessness.
Council received the City Manager update on emergency response efforts.
2. Subject: Report on Committee assignments
Recommended Action: Report on Committee assignments
Councilmembers highlighted the activities of their various committees.
CONSENT CALENDAR
Sinks moved and Scharf seconded to approve the items on the Consent Calendar except for
Item No. 6 which was pulled for discussion. Ayes: Scharf, Paul, Chao, Sinks, and Willey. Noes:
None. Abstain: None. Absent: None.
3. Subject: Approve the November 2 City Council minutes
Recommended Action: Approve the November 2 City Council minutes
4. Subject: Annual adoption of Pension Trust Investment Policy
Recommended Action: Adopt Resolution No 20‐130 accepting the City Investment
Policy for the Pension Trust
5. Subject: Annual adoption of Other Post‐Employment Benefits (“OPEB”) Trust
Investment Policy
Recommended Action: Adopt Resolution No. 20‐131 accepting the City Investment
Policy for the OPEB Trust
6. Subject: Treasurer’s Investment Report for period ending September 30, 2020
Recommended Action: Accept staff report and provide recommendations.
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Finance Manager Zach Korach reviewed the staff report.
Planning Commissioner Kitty Moore (representing self) requested a status of the
financial condition of the City.
Sinks moved and Scharf seconded to accept the staff report. The motion carried
unanimously.
7. Subject: Bicycle Pedestrian Commission (BPC) recommendation for appointment of
City of Cupertino representative to the Santa Clara County Valley Transportation
Authority (VTA) Bicycle & Pedestrian Advisory Committee (BPAC).
Recommended Action: Accept the Bicycle Pedestrian Commission (BPC)
recommendation to reappoint Erik Lindskog as the VTA BPAC representative to
continue serving a full two‐year term ending June 30, 2022.
8. Subject: Application for Alcohol Beverage License for Saccomuro Corporation (dba La
Pizzeria), 10088 N. Wolfe Road
Recommended Action: Recommend approval to the California Department of
Alcoholic Beverage Control of the application for Alcohol Beverage License for
Saccomuro Corporation (dba La Pizzeria), 10088 N. Wolfe Road
9. Subject: Application for Alcohol Beverage License for Pasta Armellino Group LLC (dba
Pasta Armellino), 19469 Stevens Creek Boulevard
Recommended Action: Recommend approval to the California Department of
Alcoholic Beverage Control of the application for Alcohol Beverage License for Pasta
Armellino Group LLC (dba Pasta Armellino), 19469 Stevens Creek Boulevard
10. Subject: Application for Alcohol Beverage License for Supparod FC Inc. (dba Pineapple
Thai), 19639 Stevens Creek Boulevard
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), 19639 Stevens Creek Boulevard
11. Subject: Application for Alcohol Beverage License for Bal, Gurjeet Singh (dba Emerald
Hills Associates), 21023 Christensen Drive
Recommended Action: Recommend approval to the California Department of
Alcoholic Beverage Control of the application for Alcohol Beverage License for Bal,
Gurjeet Singh (dba Emerald Hills Associates), 21023 Christensen Drive
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12. Subject: Application for Alcohol Beverage License for Golden Harbor Bay LLC (dba
Grandmaʹs Kitchen), 19541 Richwood Drive
Recommended Action: Recommend approval to the California Department of
Alcoholic Beverage Control of the application for Alcohol Beverage License for Golden
Harbor Bay LLC (dba Grandmaʹs Kitchen), 19541 Richwood Drive
13. Subject: Authorize City Manager to award a construction contract with contingency
budget for the Linda Vista Trail project.
Recommended Action: 1. Authorize the City Manager to award a construction contract
in an amount not to exceed 90% of the appropriated project budget limits to the lowest
responsive bidder if there are no unresolved bid protests; and
2. Authorize the Director of Public Works to allow a construction contingency budget
of 10% of the construction contract amount to address unforeseen conditions
discovered during construction.
Written Communications for this item included emails to Council.
14. Subject: Dedication and waiver of future reimbursement of 10260 Orange Avenue
related to the Orange Avenue Sidewalk Improvements Project.
Recommended Action: Adopt Resolution No. 20‐132 (Attachment A) accepting the
Offer of Dedication and Waiver of Future Reimbursement from the property owner at
10260 Orange Avenue for the construction of the Orange Avenue Sidewalk
Improvements Project; and authorize the City Manager to execute the Agreement
Regarding Offer of Dedication & Waiver of Future Reimbursement, Right of Entry, and
License to Use Property.
15. Subject: Authorize the Director of Public Works to increase the construction
contingency budget for the Cupertino Sports Center Seismic Retrofit Project (No. 2020‐
05)
Recommended Action: Authorize the Director of Public Works to increase the
construction contingency budget from $116,516 (15% of construction amount) to
$223,735 (29% of construction amount) for the Cupertino Sports Center Seismic Retrofit
Project.
SECOND READING OF ORDINANCES
PUBLIC HEARINGS
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16. Subject: Approving City of Cupertino 2020 Transportation Impact Fee Nexus Study
Update, increasing the Transportation Impact Fees, and amending Schedule B of the
2020‐21 Fee Schedule to incorporate the increased fees.
Recommended Action: Adopt Resolution No. 20‐133, approving City of Cupertino 2020
Transportation Impact Fee Nexus Study Update, increasing the Transportation Impact
Fees, and amending Schedule B of the 2020‐21 Fee Schedule to incorporate the
increased fees.
Written communications for this item included an email to Council.
Under Postponements, this item was continued to December 1.
Council heard Item No. 20 before Item No. 17.
20. Subject: Regnart Creek Trail private fencing allocations and authorization of
construction award for Project.
Recommended Action: 1. Receive information report on Regnart Creek Trail private
fencing allocations and projected expenditures; and
2. Authorize the City Manager to award a construction contract in an amount not to
exceed 90% of the appropriated project budget limit to the lowest responsive bidder if
there are no unresolved bid protests; and
3. Authorize a construction contingency budget of 10% of the construction contract
amount to address unforeseen conditions discovered during construction.
Written communications for this item included a staff presentation and emails to
Council.
Transportation Manager David Stillman gave a presentation.
Councilmembers asked questions and made comments.
Mayor Scharf opened the public comment period and the following people spoke.
Joel Wolfe supported construction of Regnart Creek Trail.
Byron Rovegno supported construction of Regnart Creek Trail.
Connie Cunningham supported construction of Regnart Creek Trail and opposed
additional funding for private fencing.
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Ramola Gokhale and Arnav Gokale supported construction of Regnart Creek Trail.
Helen Wiant supported construction of Regnart Creek Trail.
Christian Lei supported construction of Regnart Creek Trail.
Samil Lindskog supported construction of Regnart Creek Trail.
Jennifer Shearin supported construction of Regnart Creek Trail. (Submitted written
comments.)
Ming‐Hui Huang supported construction of Regnart Creek Trail.
Emma Shearin supported construction of Regnart Creek Trail and opposed additional
funding for private fencing.
Lawrence Fan supported construction of Regnart Creek Trail and opposed increasing
the budget.
Saloni Mahajan supported construction of Regnart Creek Trail and opposed delays or a
budget increase.
Winfred Lin supported construction of Regnart Creek Trail.
Brock Carpenter supported construction of Regnart Creek Trail and opposed delays or
a budget increase.
Tom Scannell supported construction of Regnart Creek Trail and opposed delays or a
budget increase.
Geoff Paulsen supported construction of Regnart Creek Trail.
Dino Sakkas supported construction of Regnart Creek Trail.
Alyssa Sakkas supported construction of Regnart Creek Trail and opposed delays.
Neil Park‐McClintick supported construction of Regnart Creek Trail.
Anne Ng supported construction of Regnart Creek Trail.
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Sami Laine supported construction of Regnart Creek Trail.
Matt Widmann supported construction of Regnart Creek Trail and opposed delays or a
budget increase.
Shaurya Nair supported construction of Regnart Creek Trail.
Bike Ped Commissioner Erik Lindskog (representing self) supported construction of
Regnart Creek Trail and opposed an additional vote or funding.
Helene Davis supported construction of Regnart Creek Trail and opposed an additional
vote or funding.
Katriina Laihia supported construction of Regnart Creek Trail and opposed additional
funding.
Meenakshi Biyani supported construction of Regnart Creek Trail opposed delays or an
additional vote.
Dolly Sandoval supported construction of Regnart Creek Trail and opposed delays.
Jano Banks supported construction of Regnart Creek Trail.
Kelly Tung supported construction of Regnart Creek Trail.
Jasmin Varma, on behalf of the Youth Environmental Power Initiative, supported
construction of Regnart Creek Trail and opposed delays or a budget increase.
Prashi Kale supported construction of Regnart Creek Trail and opposed delays or a
budget increase.
Prashi Kale’s sister supported construction of Regnart Creek Trail and opposed delays
or a budget increase.
Lourdes Diaz supported construction of Regnart Creek Trail and opposed delays.
Janet Van Zoeren supported construction of Regnart Creek Trail and opposed delays or
additional funds for fencing.
Sue Ranney asked about graffiti abatement.
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Revathy Narasimhan supported construction of Regnart Creek Trail and opposed
delays or an increase in budget for privacy concerns.
Larry Dean supported construction of Regnart Creek Trail.
Ari Feinsmith supported construction of Regnart Creek Trail.
Dennis Cunningham supported construction of Regnart Creek Trail.
Teresa Olson supported construction of Regnart Creek Trail.
Brenda Boyle and her husband ceded their time to Suraj Dalvi.
John Geis supported construction of Regnart Creek Trail and opposed additional
funding.
Jian supported construction of Regnart Creek Trail.
June Wang supported construction of Regnart Creek Trail and opposed delays.
Suraj Dalvi supported proper allocation of fence funds for the homes along the trail and
commented on the fencing cost breakdown. (Submitted written comments).
Jeonghee supported equitable distribution of budget funds for those abutting the trail
and a budget increase from Measure B funding.
Bicycle Pedestrian Commissioner Ilango Ganga (representing self) supported using
Measure B funds for privacy and security and was concerned about the project
approval process.
J.R. Fruen supported a final decision on the fencing allocation and moving forward on
the Regnart Creek Trail project.
Dinyar Dastoor supported transparency in the cost breakdown and amount for fencing.
Juliet Shearin, on behalf of the Youth Environmental Power Initiative, supported
construction of Regnart Creek Trail and opposed an increase in budget.
Timothy Oey supported construction of Regnart Creek Trail.
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Seema Lindskog supported construction of Regnart Creek Trail and opposed additional
funding for fencing. (Submitted written comments).
Mayor Scharf closed the public comment period.
Sinks moved and Scharf seconded to:
1. Receive information report on Regnart Creek Trail private fencing allocations and
projected expenditures; and
2. Authorize the City Manager to award a construction contract in an amount not to
exceed 90% of the appropriated project budget limit to the lowest responsive bidder if
there are no unresolved bid protests; and
3. Authorize a construction contingency budget of 10% of the construction contract
amount to address unforeseen conditions discovered during construction.
The motion carried unanimously.
Council recessed from 10:33 p.m. to 10:40 p.m.
ORDINANCES AND ACTION ITEMS
17. Subject: Accept the First Quarter Financial Report for Fiscal Year 2020‐21 and City
Work Program Updates; consider approving a Budget Modification increasing
appropriations and revenues by $1,873,298 and $1,662,300 respectively; consider
approving the conversion of limited‐term Senior Transportation Planner to permanent
Recommended Action: 1. Accept the City Manager’s First Quarter Financial Report
for Fiscal Year 2020‐21 and City Work Program Updates.
2. Adopt Resolution No. 20‐134 approving Budget Modification #2021‐106 increasing
appropriations and revenues by $1,873,298 and $1,662,300, respectively.
3. Approve the conversion of limited‐term Senior Transportation Planner to
permanent.
Written communications for this item included a staff presentation.
Finance Manager Zach Korach gave a presentation on the First Quarter Financial
Report.
Geographic Information Systems (GIS) Manager Teri Gerhardt gave a demonstration
on the City Work Program dashboard.
Councilmembers asked questions and made comments.
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Mayor Scharf opened the public comment period and, seeing no speakers, closed the
public comment period.
Scharf moved and Paul seconded to:
1. Accept the City Manager’s First Quarter Financial Report for Fiscal Year 2020‐21 and
City Work Program Updates.
2. Adopt Resolution No. 20‐134 approving Budget Modification #2021‐106 increasing
appropriations and revenues by $1,873,298 and $1,662,300, respectively.
3. Approve the conversion of limited‐term Senior Transportation Planner to
permanent.
The motion carried unanimously.
18. Subject: Proposed amendments to Chapter 2.40 (Disaster Council) of the Cupertino
Municipal Code to better reflect the Emergency Management Program
Recommended Action: Conduct the first reading of Ordinance No. 20‐2216: “An
Ordinance of the City Council of the City of Cupertino amending Cupertino Municipal
Code Chapter 2.40 (concerning the Disaster Council and the Emergency Management
Program).”
Written communications for this item included a staff presentation.
Emergency Services Coordinator Thomas Chin gave a presentation.
Councilmembers asked questions and made comments.
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. 20‐2216: “An Ordinance of
the City Council of the City of Cupertino amending Cupertino Municipal Code Chapter
2.40 (concerning the Disaster Council and the Emergency Management Program).”
Paul moved and Sinks seconded to read the title of Ordinance No. 20‐2216 by title only
and that the City Clerk’s reading would constitute the first reading thereof.
Ayes: Scharf, Paul, Chao, Sinks, and Willey. Noes: None. Abstain: None. Absent: None.
19. Subject: Cupertino participation in Stevens Creek Corridor Transit Study
Recommended Action: Receive presentation and provide input on proposed Stevens
Creek Corridor Transit Study with a required Cupertino contribution of $88,983 as
scoped, or $588,983 to include I‐280 in the Study.
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Written communications for this item included a staff presentation, and amended staff
report, and emails to Council.
Senior Transit & Transportation Planner Chris Corrao gave a presentation.
Councilmembers asked questions and made comments.
Mayor Scharf opened the public comment period and the following people spoke.
Jennifer Griffin did not support the Study.
Mayor Scharf closed the public comment period.
Council received the presentation and there was no consensus to participate in the
proposed Stevens Creek Corridor Transit Study.
ORAL COMMUNICATIONS ‐ CONTINUED (As necessary)
COUNCIL AND STAFF COMMENTS AND FUTURE AGENDA ITEMS
Added a future agenda item to discuss expanding the responsibilities of the Housing
Commission to include social services (Chao/Scharf).
ADJOURNMENT
At 12:38 a.m., Mayor Scharf adjourned the meeting.
___________________________
Kirsten Squarcia, City Clerk