CC 04-07-2020 (Special)
APPROVED MINUTES
CUPERTINO CITY COUNCIL
Tuesday, April 7, 2020
SPECIAL CITY COUNCIL MEETING
At 5:31 p.m. Mayor Steven Scharf called the Special City Council meeting to order. This was
a teleconference meeting with no physical location.
ROLL CALL
Councilmembers 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.
Planning Commissioners Present: Chair Kitty Moore, Vice Chair R Wang, Commissioner
David Fung, Commissioner Vikram Saxena, Commissioner Alan Takahashi. All Planning
Commission members teleconferenced for the meeting.
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.
Written communications for this item included a presentation.
Shute, Mihaly, and Weinberger Attorneys Winter King and Caitlin Brown gave a
presentation.
Ms. King introduced City of San Francisco Principal Planner Kate Conner and Senior
Planner Carly Grove who were available for questions.
Mayor Scharf opened public comment and the following people spoke.
City Council Draft Minutes April 7, 2020
Jennifer Griffin, talked about public confusion over state housing laws and the density
bonus law text, problems with State control, and these laws incentivizing developers.
Peggy Griffin asked about City allowances to move buildings for a project.
Mayor Scharf closed public comment.
Council and Planning Commissioners asked questions and made comments.
Conducted the joint study session with the City Council and Planning Commission on
state housing law: Housing Accountability Act, SB 330, and Density Bonus Law; and
under Future Agenda Items, the City Council agreed to schedule another study session
on Density Bonus Law.
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.
CEREMONIAL MATTERS AND PRESENTATIONS – None
POSTPONEMENTS
Mayor Scharf requested postponement of Item No. 10 Emergency Assistance Funds for
Tenants at Risk of Eviction due to Impacts of the Novel Coronavirus (COVID‐19).
Council consented to postpone this item to the April 21 City Council meeting.
ORAL COMMUNICATIONS
Housing Commissioner Connie Cunningham (representing herself), was disappointed that the
renter’s assistance item was postponed and encouraged emergency assistance donations for
City Council Draft Minutes April 7, 2020
West Valley Community Services (WVCS).
Jennifer Griffin, was concerned about the development of San Jose’s El Paseo urban village and
the effects on public participation due to cancelled community meetings during the pandemic.
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
Mayor Scharf opened public comment and the following people spoke.
City Clerk Kirsten Squarcia read an email on behalf of Viji, requesting a budgetary
report of the financial impacts of COVID‐19 for the current fiscal year and next fiscal
year.
Mayor Scharf closed public comment.
Council received the City Manager update on COVID‐19 response efforts and a status
on the rental assistance item which was postponed to April 21.
2. Subject: Report on Committee assignments
Recommended Action: Report on Committee assignments
There were no reports on committee assignments.
CONSENT CALENDAR
Paul moved and Sinks seconded to approve the items on the Consent Calendar as
presented. Ayes: Scharf, Paul, Chao, Sinks, and Willey. Noes: None. Abstain: None. Absent:
None.
3. Subject: Approve the March 17 City Council minutes
Recommended Action: Approve the March 17 City Council minutes
4. Subject: Approve the March 24 City Council minutes
Recommended Action: Approve the March 24 City Council minutes
5. Subject: Arbor Day Proclamation
Recommended Action: Authorize the Mayor to proclaim April 18, 2020 as Arbor Day
for 2020
City Council Draft Minutes April 7, 2020
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.
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.
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.
SECOND READING OF ORDINANCES ‐ None
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
City Council Draft Minutes 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)”
9A) Petition for Reconsideration
Written communications for this item included a presentation.
Senior Planner Gian Martire gave a presentation.
Mayor Scharf opened the public hearing and the following people spoke.
Paige Fennie, on behalf of Laborersʹ International Union of North America, Local Union
270, said the project will have significant noise impacts during the various phases of
construction and will exceed the noise ordinance, and requested an environmental
impact report (EIR).
Mayor Scharf closed the public hearing.
City Clerk Kirsten Squarcia read a statement on behalf of John Vidovich: “The roof top
amenity was considered and when compared to other amenities of a similar hotel it is
much greater and was designed in conjunction with an agreement on the improvements
and the $500,000 was appropriate given the differences of the other hotel.”
Councilmembers asked questions and made comments.
Placeworks Associate Principal and consultant Terri McCracken answered questions.
Scharf moved and Paul seconded to adopt Resolution No. 20‐034 denying the petition,
which does not meet the requirements of Cupertino Municipal Code (CMC) Section
2.08.096. The motion carried will Willey voting no.
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).”
City Council Draft Minutes April 7, 2020
Scharf moved and Paul seconded to read Ordinance No. 20‐2195 by title only and that
the City Clerk’s reading would constitute the first reading thereof. Ayes: Scharf, Paul,
Chao, and Sinks. Noes: Willey. Abstain: None. Absent: None. Recuse: None.
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.
Under Postponements, this item was postponed to April 21.
ORAL COMMUNICATIONS ‐ CONTINUED (As necessary)
COUNCIL AND STAFF COMMENTS AND FUTURE AGENDA ITEMS
Council added the following future agenda items:
‐ Another study session on Density Bonus Law (Chao/Scharf).
‐ Examine San Jose’s 3‐month rent waiver proposal in conjunction with Federal relief funds
for landlords and include with the rental assistance item on April 21 (Paul/Scharf).
Mayor Scharf called for a Legislative Review Committee (LRC) meeting to respond to the
recent League of Cities housing proposal.
ADJOURNMENT
At 8:23 p.m., Mayor Scharf adjourned the meeting.
_____________________________
Kirsten Squarcia, City Clerk