AgendaCITY OF CUPERTINO
CITY COUNCIL
AGENDA
This will be a teleconference meeting without a physical location .
Tuesday, April 7, 2020
5:30 PM
Televised Special Meeting Joint Study Session with City Council and Planning Commission (5 :30) and
Regular City Council Meeting (6:45)
TELECONFERENCE / PUBLIC PARTICIPATION INFORMATION TO HELP STOP THE
SPREAD OF COVID-19
In accordance with Governor Newsom’s Executive Order No-29-20, this will be a
teleconference meeting without a physical location to help stop the spread of COVID-19.
Members of the public wishing to observe the meeting may do so in one of the following
ways:
1) Tune to Comcast Channel 26 and AT&T U-Verse Channel 99 on your TV.
2) The meeting will also be streamed live on and online at www.Cupertino.org/youtube
and www.Cupertino.org/webcast
Members of the public wishing comment on an item on the agenda may do so in the
following ways:
1) E-mail comments by 5:00 p.m. on Tuesday, April 7 to the Council at
citycouncil@cupertino.org. These e-mail comments will also be forwarded to
Councilmembers by the City Clerk’s office before the meeting and posted to the City’s
website after the meeting.
2) E-mail comments during the times for public comment during the meeting to the City
Clerk at cityclerk@cupertino.org. The City Clerk will read the emails into the record, and
display any attachments on the screen, for up to 3 minutes (subject to the Mayor’s
discretion to shorten time for public comments).
3) Teleconferencing Instructions
Members of the public may provide oral public comments during the teleconference
meeting as follows:
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City Council Agenda April 7, 2020
Oral public comments will be accepted during the teleconference meeting. Comments may
be made during “oral communications” for matters not on the agenda, and during the
public comment period for each agenda item .
To address the City Council, click on the link below to register in advance and access the
meeting:
https://cityofcupertino.zoom.us/webinar/register/WN_FZcAtnz4TXSW5YAF0HTGug
Or an H.323/SIP room system:
H.323:
162.255.37.11 (US West)
162.255.36.11 (US East)
Meeting ID: 254 603 776
SIP: 254603776@zoomcrc.com
After registering, you will receive a confirmation email containing information about
joining the webinar.
Please read the following instructions carefully:
1. You can directly download the teleconference software or connect to the meeting in your
internet browser. If you are using your browser, make sure you are using a current and
up-to-date browser: Chrome 30+, Firefox 27+, Microsoft Edge 12+, Safari 7+. Certain
functionality may be disabled in older browsers, including Internet Explorer .
2. You will be asked to enter an email address and a name, followed by an email with
instructions on how to connect to the meeting. Your email address will not be disclosed to
the public. If you wish to make an oral public comment but do not wish to provide your
name, you may enter “Cupertino Resident” or similar designation.
3. When the Mayor calls for the item on which you wish to speak, click on “raise hand.”
Speakers will be notified shortly before they are called to speak.
4. When called, please limit your remarks to the time allotted and the specific agenda topic .
In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to
attend this teleconference City Council meeting who is visually or hearing impaired or has
any disability that needs special assistance should call the City Clerk's Office at
408-777-3223, at least 48 hours in advance of the Council meeting to arrange for assistance .
In addition, upon request, in advance, by a person with a disability, City Council meeting
agendas and writings distributed for the meeting that are public records will be made
available in the appropriate alternative format.
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City Council Agenda April 7, 2020
NOTICE AND CALL FOR A SPECIAL JOINT MEETING OF THE CUPERTINO CITY
COUNCIL AND CUPERTINO PLANNING COMMISSION
NOTICE IS HEREBY GIVEN that a special joint meeting of the Cupertino City Council and
Cupertino Planning Commission is hereby called for Tuesday, April 07, 2020, commencing
at 5:30 p.m. In accordance with Governor Newsom’s Executive Order No-29-20, this will be
a teleconference meeting without a physical location. Said special meeting shall be for the
purpose of conducting business on the subject matters listed below under the heading,
“Special Meeting." The City Council regular meeting items will be heard at 6:45 p.m.
SPECIAL MEETING
ROLL CALL - 5:30 PM
STUDY SESSION
1.Subject: Joint study session with the City Council and Planning Commission on state
housing law: Housing Accountability Act, SB 330, and Density Bonus Law.
Recommended Action: Conduct the joint study session with the City Council and
Planning Commission on state housing law: Housing Accountability Act, SB 330, and
Density Bonus Law; provide any input to staff.
A - Housing Laws Handout
ADJOURNMENT
REGULAR MEETING
PLEDGE OF ALLEGIANCE - 6:45 PM
ROLL CALL
CEREMONIAL MATTERS AND PRESENTATIONS
POSTPONEMENTS
ORAL COMMUNICATIONS
This portion of the meeting is reserved for persons wishing to address the Council on any matter within
the jurisdiction of the Council and not on the agenda. The total time for Oral Communications will
ordinarily be limited to one hour. Individual speakers are limited to three (3) minutes. As necessary, the
Chair may further limit the time allowed to individual speakers, or reschedule remaining comments to
the end of the meeting on a first come first heard basis, with priority given to students. In most cases,
State law will prohibit the Council from discussing or making any decisions with respect to a matter
not listed on the agenda.
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City Council Agenda April 7, 2020
REPORTS BY COUNCIL AND STAFF (10 minutes)
1.Subject: City Manager update on COVID-19 response efforts
Recommended Action: Receive City Manager update on COVID-19 response efforts
2.Subject: Report on Committee assignments
Recommended Action: Report on Committee assignments
CONSENT CALENDAR
Unless there are separate discussions and/or actions requested by council, staff or a member of the
public, it is requested that items under the Consent Calendar be acted on simultaneously.
3.Subject: Approve the March 17 City Council minutes
Recommended Action: Approve the March 17 City Council minutes
A - Draft Minutes
4.Subject: Approve the March 24 City Council minutes
Recommended Action: Approve the March 24 City Council minutes
A - Draft Minutes
5.Subject: Arbor Day Proclamation
Recommended Action: Authorize the Mayor to proclaim April 18, 2020 as Arbor Day
for 2020
Staff Report
A - Arbor Day Proclamation
6.Subject: Approve the addendum to the Memorandum of Understanding between the
City of Cupertino and the Cupertino Employees Association (CEA), for the period of
July 16, 2019 to June 30, 2022.
Recommended Action: Adopt Resolution No. 20-032 to approve the addendum
providing standby compensation for certain classifications in the CEA bargaining unit .
Staff Report
A - Draft Resolution
B - Tentative Agreement: Standby Compensation
C – Public Works Department Standby Policy
7.Subject: Fiscal year 2020-21 projects proposed to receive funding from the Road
Maintenance and Rehabilitation Account (RMRA), created by Senate Bill 1(SB 1).
Recommended Action: Adopt Resolution No. 20-033 listing fiscal year 2020-21 projects
proposed to receive RMRA funding, created by Senate Bill 1(SB 1), and reaffirm
commitment to fund previously adopted projects with RMRA funding.
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City Council Agenda April 7, 2020
Staff Report
A - Draft Resolution
8.Subject: FY 2018-19 Comprehensive Annual Financial Report (CAFR) and related
supplemental reports.
Recommended Action: Accept the FY 2018-19 Comprehensive Annual Financial Report
(CAFR) and related supplemental reports.
Staff Report
A - FY 2018-19 CAFR
B - FY 2018-19 GAGAS Report
C - FY 2018-19 Appropriation Limit AUP Report
D - FY 2018-19 TDA Report
E - FY 2018-19 Investment AUP Report
SECOND READING OF ORDINANCES
PUBLIC HEARINGS
9.Subject: Item 9: De Anza Hotel project hearing items:
9A) Petition for Reconsideration regarding the City Council decision of March 3, 2020
to approve a new 155-room seven-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., General Plan Amendments to amend Table LU-1 by increasing the
development allocation of hotel rooms to 155 hotel rooms in the Homestead Special
Area and Figure LU-2 and Policy LU-23.2 adding Figure LU-5 to allow increased
heights and reduced building plane within the North De Anza Gateway specific to this
development, Development, Architectural and Site Approval, and Use Permits
(“Project”); Application No(s): GPA-2018-01, DP-2018-01, ASA-2018-02, DA-2018-01,
U-2018-02, EA-2018-03; Applicant(s): John Vidovich (De Anza Properties); Location:
10931 N De Anza Blvd.; APN #326-10-061.; and
9B) First 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
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City Council Agenda April 7, 2020
Recommended Action: That the City Council conduct a public hearing, and:
1. Adopt Resolution No. 20-034 (Attachment AA) denying the petition, which does not
meet the requirements of Cupertino Municipal Code (CMC) Section 2.08.096.
2. Introduce and conduct the first reading 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)”
Cover Staff Report
A. Staff Report and attachments for the Petition for Reconsideration of Councils 3320 approval of the
De Anza Hotel.
AA – City Council Draft Resolution
AB - Resolution EA-2018-03 (20-005)– Mitigated Negative Declaration, mitigation measures, and a
Mitigation Monitoring and Reporting Program
AC - Petition for Reconsideration filed by Michael Lozeau, Lozeau Drury, received March 13, 2020
AD - Initial Study and Mitigated Negative Declaration Response to Comments Memo for City Council
dated March 24, 2020.
AE -Initial Study/Mitigated Negative Declaration, dated July 2, 2019
AF – Initial Study Mitigated Negative Declaration Responses to Comments Memo dated December 5
2019
AG - Initial Study Mitigated Negative Declaration Responses to Comments Memo for City Council
dated February 20 2020 .
AH – Project Plans
B. Staff Report and attachments for the First 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 sep
BA - Draft Ordinance DA-2018-01 – Development Agreement between the City and Northwest
Properties LP
ORDINANCES AND ACTION ITEMS
10.Subject: Emergency Assistance Funds for Tenants at Risk of Eviction due to Impacts of
the Novel Coronavirus (COVID-19) continued
Recommended Action: 1. Adopt Resolution No. 20-035 contributing $50,000 in
emergency assistance funds [Below Market Rate (BMR) Affordable Housing Funds
(AHF) or General Fund Human Services Grant (HSG) funds] to West Valley
Community Services (WVCS) for tenants at risk of eviction due to impacts of
COVID-19.
2. Authorize the City Manager to negotiate and execute a $50,000 contribution to
WVCS.
Staff Report
A - Draft Resolution
ORAL COMMUNICATIONS - CONTINUED (As necessary)
COUNCIL AND STAFF COMMENTS AND FUTURE AGENDA ITEMS
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City Council Agenda April 7, 2020
ADJOURNMENT
The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6; litigation
challenging a final decision of the City Council must be brought within 90 days after a decision is
announced unless a shorter time is required by State or Federal law.
Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must
file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the
City’s decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal
Code §2.08.096. Contact the City Clerk’s office for more information or go to
http://www.cupertino.org/cityclerk for a reconsideration petition form.
In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend this
teleconference City Council meeting who is visually or hearing impaired or has any disability that needs
special assistance should call the City Clerk's Office at 408-777-3223, at least 48 hours in advance of
the
Council meeting to arrange for assistance. In addition, upon request, in advance, by a person with a
disability, City Council meeting agendas and writings distributed for the meeting that are public
records will be made available in the appropriate alternative format.
Any writings or documents provided to a majority of the Cupertino City Council after publication of
the packet will be made available for public inspection in the City Clerk’s Office located at City Hall,
10300 Torre Avenue, during normal business hours and in Council packet archives linked from the
agenda/minutes page on the Cupertino web site.
IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipal Code 2.08.100
written communications sent to the Cupertino City Council, Commissioners or City staff concerning a
matter on the agenda are included as supplemental material to the agendized item. These written
communications are accessible to the public through the City’s website and kept in packet archives. You
are hereby admonished not to include any personal or private information in written communications to
the City that you do not wish to make public; doing so shall constitute a waiver of any privacy rights
you may have on the information provided to the City .
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