CC 10-20-2020
APPROVED MINUTES
CUPERTINO CITY COUNCIL
Tuesday, October 20, 2020
REGULAR CITY COUNCIL MEETING
At 6:00 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 Rod Sinks and Jon
Robert Willey. Recused: Liang Chao. Absent: None. All Councilmembers teleconferenced for
the meeting.
CLOSED SESSION
1. Subject: Conference with Legal Counsel pursuant to Government Code section
54956.9(d)(1); Existing Litigation, Vallco Property Owner LLC v. City of Cupertino;
Santa Clara County Superior Court, Case No. 19CV355457 (2019 Vallco General Plan
and Zoning Amendments)
In open session, Mayor Scharf announced that Council discussed with legal counsel
this pending litigation for which discussion in open session would prejudice the City in
the litigation. No reportable action was taken.
Councilmember Chao recused herself out of an abundance of caution due to the
location of her property.
RECESS
At 6:45 p.m. Mayor Steven Scharf reconvened the Regular City Council meeting to order. This
was a teleconference meeting with no physical location.
ROLL CALL
City Council Minutes October 20,2020
Page 2
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
2. Subject:Proclamation recognizing Anika Palloapothu for being a finalist in the nation’s
premier STEM competition for middle school students
Recommended Action:Present proclamation recognizing Anika Palloapothu for being
a finalist in the nation’s premier STEM competition for middle school students
Anika Palloapothu received the proclamation.
Mayor Scharf presented the proclamation recognizing Anika Palloapothu for being a
finalist in the nation’s premier STEM competition for middle school students.
POSTPONEMENTS None
ORAL COMMUNICATIONS
Rhoda Fry talked about Supervisor Joe Simitian initiating a review of the Santa Clara County
Department of Planning and Development’s oversight of Stevens Creek Quarry SCQ).
REPORTS BY COUNCIL AND STAFF 10 minutes)
3. 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 counts,testing opportunities,
and new health order for indoor dining and gatherings;City events and Halloween
guidance;homeless encampments;and official ballot box and voting center locations.
Council received the City Manager update on emergency response efforts.
4. Subject:Report on Committee assignments
Recommended Action:Report on Committee assignments
Councilmembers highlighted the activities of their various committees.
CONSENT CALENDAR
City Council Minutes October 20,2020
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Paul moved and Scharf seconded to approve the items on the Consent Calendar except for
Items 9 which was pulled for discussion.Ayes:Scharf,Paul,Chao,Sinks,and Willey.Noes:
None.Abstain:None.Absent:None.
5. Subject:Approve the October 6 City Council minutes
Recommended Action:Approve the October 6 City Council minutes
6. Subject:Annual report of commission and committee members’terms expiring in
January,2021,and application submittal deadline and candidate interview dates in
January,2021.
Recommended Action:Receive report on commission and committee members’terms
expiring January,30,2021,and set an application submittal deadline of Friday,January
8,2021 and candidate interview dates of Monday and Tuesday,January 25 and 26,
2021.
7. Subject:Cancel the January 5,2021 Council meeting
Recommended Action:Cancel the January 5,2021 Council meeting
8. Subject:Adopt a resolution increasing the employers contribution for medical and hospitalization
insurance consistent with the Meyers Geddes State Employees Medical and
Hospital Care Act for the Unrepresented Management and Confidential),Cupertino
Employees’Association Employees Association),Operating Engineers,Local
Union No.3 Operating Engineers),Appointed City Attorney and City Manager),
Elected Official groups and retired annuitants.Recommended
Action:Adopt Resolution No.20 117 increasing the employers contribution for
medical and hospitalization insurance for employees under the Unrepresented,Cupertino
Employees’Association,Operating Engineers,Local union No.3,
Appointed,Elected Officials,and retired annuitant groups.9. Subject:
FY 2020 21 Interim Budget and Key Projects Update Recommended Action:
Accept City Manager’s Interim Budget and Key Projects Report Written Communications
for this item included a staff presentation.Finance Manager
Zach Korach,Director of Public Works Roger Lee,and Director of Community Development
Ben Fu gave a presentation.Paul moved
and Scharf seconded to accept the City Manager’s Interim Budget and Key Projects Report.
The motion carried unanimously.
City Council Minutes October 20,2020
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SECOND READING OF ORDINANCES None
PUBLIC HEARINGS
10. Subject:Consider 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 Public Hearing and find:
1) that the proposed action is exempt from CEQA;and
2) Conduct the first reading of Ordinance No.20 2213:An Ordinance of the City
Council of the City of Cupertino amending Chapter 10.48,Community Noise Control
for Leaf Blower Regulations.
Written communications for this item included a staff presentation.
Associate Planner Jeff Tsumura gave a presentation.
Councilmembers asked questions and made comments.
Mayor Scharf opened the public hearing and,seeing no speakers,closed the public
hearing period.
Council recessed from 8:18 p.m.to 8:25 p.m.
City Clerk Kirsten Squarcia read the title of Ordinance No.20 2213:An Ordinance of
the City Council of the City of Cupertino amending Chapter 10.48,Community Noise
Control for Leaf Blower Regulations.
Paul moved and Scharf seconded to read the title of Ordinance No.20 2213 by title only
as modified:
1.Modified Finding e”to remove types of”and added of”.
2.Revised Section 10.48.051(C)to read:C.After November 5,2022,the use of any
leaf blower other than a certified leaf blower is prohibited and shall only be used in a
manner consistent with Section 10.48.080(A)and B);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.
ORDINANCES AND ACTION ITEMS
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11. Subject:Minor,cleanup amendments to the Cupertino Municipal Code
Recommended Action:Conduct the first reading 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).”
Written communications for this item included a staff presentation and an email to
Council.
Assistant to the City Manager Katy Nomura 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 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 Scharf seconded to read the title of Ordinance No.20 2214 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.
12. Subject:Update Cupertino’s annual minimum wage with an ordinance 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 uniformity among the cities of Los Altos,Palo Alto,and Santa Clara
Recommended Action: Receive an update on regional minimum wage efforts and
conduct the first reading of Ordinance No.20 2215:An Ordinance of the City Council
to set the minimum wage for 2021 at 15.65 per hour.
Written communications for this item included a staff presentation.
City Council Minutes October 20,2020
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Economic Development Manager Angela Tsui 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 2215:An Ordinance of
the City Council of the City of Cupertino to set the minimum wage for 2021 at 15.65
per hour.
Scharf moved and Chao seconded to read the title of Ordinance No.20 2215 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.
ORAL COMMUNICATIONS CONTINUED As necessary)None
COUNCIL AND STAFF COMMENTS AND FUTURE AGENDA ITEMS
Added an agenda item regarding municipal code amendments to the Sign Ordinance
Willey/Scharf)
Added a study session on the Lehigh cement plant and Stevens Creek Quarry
Willey/Sinks/Chao)
ADJOURNMENT
At 9:15 p.m.,Mayor Scharf adjourned the meeting.
Kirsten Squarcia,City Clerk