CC 09-15-2020 (Special)
APPROVED MINUTES
CUPERTINO CITY COUNCIL
Tuesday, September 15, 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 without a 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: Study Session on Proposed Revisions to the Permitting Guidelines for Small
Cell Facilities within the Public Right‐of‐Way
Recommended Action: Conduct a study session on proposed revisions to the permitting
guidelines for small cellular facilities in the public Right‐of‐Way and provide
recommendations
Written communications for the item included emails to Council and a staff presentation.
Assistant Director of Public Works Chad Mosely gave a presentation.
Councilmembers asked questions and made comments.
Mayor Scharf opened the public comment period and the following people spoke.
Jennifer Griffin was concerned about the volume of applications received and equal
distribution among the vendors and adding more poles.
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Planning Commissioner Kitty Moore (representing self) supported dark sky model
lighting and was concerned about the rear‐yard setbacks for ADUs (Accessory Dwelling
Units) with proximity to poles.
Bicycle Pedestrian Commissioner Muni Madhdhipatla (representing self) was concerned
about allowances for adding poles in proximity to ADUs in backyards.
Alex Leupp, on behalf of Verizon, said demand during the shelter‐in‐place has stressed
the network and the new network will provide equal access and lower cost broadband.
Nori was concerned about the number of applications received from certain vendors, new
5G permit requirements, and City verification of testing measurements.
Bicycle Pedestrian Commissioner Ilango Ganga (representing self) was concerned about
evaluating site options, towers in backyards, and the basis for locating small cells by
existing macro towers.
Mayor Scharf closed the public comment period.
Council provided a recommendation to create an online portal where residents can notify
the City of their preferences for, or against, installation of small cell facilities in their
immediate neighborhood.
ADJOURNMENT
REGULAR CITY COUNCIL MEETING
At 7:10 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.
Scharf moved and Willey seconded to reorder the agenda to hear Item No. 1 before Oral
Communications. The motion carried unanimously.
CEREMONIAL MATTERS AND PRESENTATIONS – None
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POSTPONEMENTS ‐ None
REPORTS BY COUNCIL AND STAFF (10 minutes)
Council heard Item No. 1 before Oral Communications.
1. Subject: City Manager update on emergency response efforts
Recommended Action: Receive City Manager update on emergency response efforts
City Manager Deborah Feng gave updates on the state’s revised COVID‐19 tier system,
Cupertino case statistics, and upcoming testing events; upcoming blood donation
events, Parks & Recreation related reopening’s and online class attendance; the County’s
COVID‐19 concerns website at sccCOVIDconcerns.org, wildfires, heat events, air quality
data website at www.airnow.gov; and homeless encampments.
Santa Clara County Office of Supportive Housing Acting Director Consuelo Hernandez
addressed housing placement options for homeless encampments.
Council received the City Manager update on emergency response efforts.
ORAL COMMUNICATIONS
Rhoda Fry was concerned about slope instability at the Lehigh Permanente Quarry and the
Permanente Creek Watershed, and health and safety. (Submitted written comments).
Jean Bedord was concerned about City funds used to support fees for litigation and legal
actions and the length of City Council meetings. (Submitted written comments).
Lisa Warren addressed previous comments regarding closed sessions and late City Council
meetings and talked about past decisions not relative to the current Council membership.
Jim Moore was concerned about the homeless encampment on north Wolfe Rd. and the
logistics of moving the residents due to a notice to vacate the site.
Bicycle Pedestrian Commissioner Muni Madhdhipatla (representing self) addressed previous
comments about the current Council and legal fees.
Library Commissioner Liana Crabtree (representing self) was concerned about the residents
being relocated from the Wolfe Road encampment and confirmed housing options for them.
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2. Subject: Report on Committee assignments
Recommended Action: Report on Committee assignments
Written communications for this item included written comments from Vice Mayor
Paul.
Councilmembers highlighted the activities of their various committees.
CONSENT CALENDAR
Paul moved and Scharf 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 August 18 City Council minutes
Recommended Action: Approve the August 18 City Council minutes
4. Subject: Approve and authorize the City Manager to execute a Master Agreement
between the City of Cupertino and Starbird Consulting, LLC to provide environmental
consulting services on various Capital Improvement Program (CIP) projects
Recommended Action: Approve a Master Agreement between the City of Cupertino
and Starbird Consulting, LLC and authorize the City Manager to execute a Master
Agreement in the amount not‐to‐exceed $400,000 for a term of three years with an
option to extend for an additional period of up to two years
5. Subject: Temporary rent reductions for Coffee Society lease of library storefront space
and for Blue Pheasant lease of restaurant space adjacent to the Blackberry Farm Golf
Course to address hardships from COVID‐19 impacts
Recommended Action: Authorize the City Manager to execute all documentation
necessary to temporarily reduce rental payments by 50‐percent (50%) for the Coffee
Society and Blue Pheasant lessees during State and County mandated Shelter‐in‐Place
orders and restrictions on indoor dining
Written Communications for this item included an email to Council.
STUDY SESSION
6. Subject: Study session regarding policy options to reduce secondhand smoke exposure
in Cupertino
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Recommended Action: Provide direction on policy options to reduce exposure to
secondhand smoke, including in multi‐unit housing
Written communications a presentation.
Santa Clara County consultant Leslie Zellers gave a presentation.
Councilmembers asked questions and made comments.
Mayor Scharf opened the public comment period and the following people spoke.
Carol Baker, on behalf of the American Cancer Society Action Network and the Santa
Clara County Tobacco‐Free Coalition, supported extending the ordinance beyond
single family homes.
Mayor Scharf closed the public comment period.
Council provided direction to move forward with exploring all five options as
presented.
SECOND READING OF ORDINANCES
7. Subject: Second reading of Ordinance No. 20‐2200 Municipal Code Amendments to
regulate Short‐Term Rental activity in the City and other minor clarification edits in
Title 19. (Application No(s).: MCA‐2018‐02; Applicant (s): City of Cupertino; Location:
Citywide)
Recommended Action: Conduct the second reading and enact Ordinance No. 20‐2200:
“An Ordinance of the City Council of the City of Cupertino Amending Title 3, Revenue
and Finance: Chapter 3.12 (Transient Occupancy Tax), Revenue and Finance,
Amending Title 5, Business License and Regulations: Chapter 5.08 (Short‐Term Rental
Activity), Amending specified chapters of Title 19, Zoning, of the Cupertino Municipal
Code Chapter 19.08 (Definitions), Chapter 19.12 (Administration), and Chapter 19.120
(Home Occupations), to regulate Short‐Term Rental uses in Residential Zoning
Districts.”
Written communications for the item included an email to Council.
Mayor Scharf opened the public comment period and the following people spoke.
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City Clerk Kirsten Squarcia read an email on behalf of Jennifer Griffin to publicly
provide the contact information for the compliance monitoring service.
Mayor Scharf closed the public comment period.
City Clerk Kirsten Squarcia read the title of Ordinance No. 20‐2200: “An Ordinance of
the City Council of the City of Cupertino Amending Title 3, Revenue and Finance:
Chapter 3.12 (Transient Occupancy Tax), Revenue and Finance, Amending Title 5,
Business License and Regulations: Chapter 5.08 (Short‐Term Rental Activity),
Amending specified chapters of Title 19, Zoning, of the Cupertino Municipal Code
Chapter 19.08 (Definitions), Chapter 19.12 (Administration), and Chapter 19.120 (Home
Occupations), to regulate Short‐Term Rental uses in Residential Zoning Districts.”
Paul moved and Scharf seconded to read the title of Ordinance No. 20‐2200 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.
Paul moved and Scharf seconded to enact Ordinance No. 20‐2200.
Ayes: Scharf, Paul, Chao, Sinks, and Willey. Noes: None. Abstain: None. Absent: None.
PUBLIC HEARINGS
8. Subject: Consider amending the Fiscal Year 2020‐21 Fee Schedule to establish a new fee
for Short‐Term Rental Registration
Recommended Action: Adopt Resolution No. 20‐113 (Attachment A) amending the
Fiscal Year 2020‐21 Fee Schedule to establish a new fee for Short‐Term Rental
Registration
Written communications for the item included emails to Council and a staff
presentation.
Councilmembers asked questions and made comments.
Mayor Scharf opened the public hearing and the following people spoke.
Jennifer Griffin asked about TOT (Transient Occupancy Tax) collections on hotels for
short term rentals and ADUs (Accessory Dwelling Units). (Submitted written
comments).
Mayor Scharf closed the public hearing period.
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Paul moved and Sinks seconded to adopt Resolution No. 20‐113 amending the Fiscal
Year 2020‐21 Fee Schedule to establish a new fee for Short‐Term Rental Registration as
amended to adopt an initial fee of $200 per year and a recital to subsidize associated
costs from the City’s General Fund for cost recovery; and directed staff to use reactive
code enforcement. The motion carried unanimously.
Council recessed from 9:36 p.m. to 9:42 p.m.
ORDINANCES AND ACTION ITEMS
9. Subject: Consideration of installing a rainbow crosswalk or intersection on City streets
and other alternatives
Recommended Action: Receive report on the consideration of installing a rainbow
crosswalk or intersection on City streets or alternative locations and provide input
Written communications for the item included an email to Council and a staff
presentation.
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.
Drew Lloyd, on behalf of the Bay Area Municipal Elections Committee (BAYMEC),
supported installation of rainbow crosswalk. (Submitted written comments).
Pat Tietgens supported making a difference, sending a message to community, and a
crosswalk installation at Stevens Creek and Finch.
Lisa Warren supported a location in the city center and discussing other options.
Justin, on behalf of Cupertino Association of Youth LGTBQ+ (CAYLA), supported a
crosswalk at Cupertino High School and exploring legal and safety concerns.
J.R. Fruen supported a rainbow crosswalk with the Traverse City coloration to
address the MTC’s (Metropolitan Transportation Commission) safety standards.
Sophie supported a rainbow crosswalk for diversity and inclusion, a location at Civic
Center, and exploring safety studies.
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Mayor Scharf closed the public comment period.
Sinks moved and Willey seconded to approve a crosswalk with a Traverse City,
Michigan pattern on the east side of Finch across Stevens Creek Boulevard. The motion
carried with Chao voting no.
Paul moved and Chao seconded to form a task force to explore further LGTBQ
diversity options in the city and provide recommendations and outreach support. The
motion carried unanimously.
10. Subject: Authorizing the sale and delivery of 2020A Certificates of Participation
(“Certificates”) to refinance outstanding Certificates of Participation (2012 Refinancing
Project) (“2012 Certificates” or “Refunded Certificates”) for debt service savings and
authorizing related documents and actions.
Recommended Action: Adopt Resolution No. 20‐114 of the City Council of the City of
Cupertino authorizing the sale and delivery of 2020A Certificates of Participation in a
principal amount not to exceed $27 million, authorizing execution and delivery of
certain documents relating thereto, and directing certain actions in connection
therewith.
Written communications for the item included a staff presentation.
Mayor Scharf opened the public comment period and the following people spoke.
Bicycle Pedestrian Commissioner Ilango Ganga (representing self) asked about the
calculation of interest rates.
Mayor Scharf closed the public comment period.
Paul moved and Sinks seconded to Adopt Resolution No. 20‐114 of the City Council of
the City of Cupertino authorizing the sale and delivery of 2020A Certificates of
Participation in a principal amount not to exceed $27 million, authorizing execution
and delivery of certain documents relating thereto, and directing certain actions in
connection therewith. The motion carried unanimously.
11. Subject: Presentation on the 2020 Blackberry Farm Entrance Road (Entrance Road)
Improvements Feasibility Study Report and request that the City Council endorse an
alternative to improve pedestrian and bicycle access to Blackberry Farm for
environmental review
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Recommended Action: Endorse an alternative to improve pedestrian and bicycle visitor
access improvements to the Blackberry Farm Entrance Road for review under the
California Environmental Quality Act
Written communications for the item included emails to Council and a staff
presentation.
Park Restoration and Improvement Manager Gail Seeds gave a presentation.
Councilmembers asked questions and made comments.
Mayor Scharf opened the public comment period and the following people spoke.
Seema Lindskog supported a separated uphill and downhill path for bikers as
recommended by the Bicycle Pedestrian Commission.
Bicycle Pedestrian Commissioner Ilango Ganga (representing self) supported a separate
shared‐use path as recommended by the Bicycle Pedestrian Commission.
Bicycle Pedestrian Commissioner Erik Lindskog (representing self) supported a
separate mixed‐use path as recommended by the Bicycle Pedestrian Commission.
City Clerk Kirsten Squarcia read an email on behalf of JR Fruen supporting a modified
Alternative B as recommended by the Bicycle‐Pedestrian Commission.
Mayor Scharf closed the public comment period.
Sinks moved and Scharf seconded to endorse Alternatives A, B, and B as recommended
by the Bicycle Pedestrian Commission to improve pedestrian and bicycle visitor access
improvements to the Blackberry Farm Entrance Road for review under the California
Environmental Quality Act.
Sinks amended his motion to endorse Alternative’s B and B as recommended by the
Bicycle Pedestrian Commission. (Scharf accepted the friendly amendment). The
amended motion carried unanimously.
12. Subject: An Urgency Ordinance temporarily waiving permit fees for certain temporary
commercial signs and banners.
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Recommended Action: That the City Council:
1. Find that the proposed actions are exempt from CEQA; and,
2. Conduct the only reading and enact Urgency Ordinance No. 20‐2211: “An Urgency
Ordinance of the City Council of the City of Cupertino temporarily waiving permit fees
for certain temporary commercial signs and banners.”
Mayor Scharf recused himself from this item and left the meeting.
Written communications for the item included a staff presentation.
Economic Development Manager Angela Tsui gave a presentation.
Councilmembers asked questions and made comments.
Vice Mayor Paul opened the public comment period and the following people spoke.
Bicycle Pedestrian Commissioner Muni Madhdhipatla (representing self) asked about
the rationale for a discussion on the item of business.
Vice Mayor Paul closed the public comment period.
City Clerk Kirsten Squarcia read the title of Urgency Ordinance No. 20‐2211: “An
Urgency Ordinance of the City Council of the City of Cupertino temporarily waiving
permit fees for certain temporary commercial signs and banners.”
Paul moved and Chao seconded to read the title of Urgency Ordinance No. 20‐2211 by
title only and that the City Clerk’s reading would constitute the only reading thereof.
Ayes: Paul, Chao, Sinks, and Willey. Noes: None. Abstain: Scharf. Absent: None.
Paul moved and Chao seconded to enact Urgency Ordinance No. 20‐2211.
Ayes: Paul, Chao, Sinks, and Willey. Noes: None. Abstain: Scharf. Absent: None.
13. Subject: An Emergency Order authorizing the outdoor operations of qualifying
establishments (retail uses, personal care services uses, and gym and fitness facilities)
pursuant to a Special Temporary Outdoor Operations Permit.
Recommended Action: Ratify the Emergency Order authorizing the outdoor operations
of qualifying establishments (retail uses, personal care services uses, and gym and
fitness facilities) pursuant to a Special Temporary Outdoor Operations Permit.
City Manager Deborah Feng reviewed the staff report.
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Vice Mayor Paul opened the public comment period and the following people spoke.
Anajli Kauser, on behalf of the Chamber of Commerce, supported the emergency order
to help local businesses.
Vice Mayor Paul closed the public comment period.
Paul moved and Chao seconded to ratify the Emergency Order authorizing the outdoor
operations of qualifying establishments (retail uses, personal care services uses, and
gym and fitness facilities) pursuant to a Special Temporary Outdoor Operations Permit.
The motion carried unanimously (Scharf absent).
14. Subject: Resolution amending the City of Cupertino Conflict of Interest Code for
officials and designated employees and requiring electronic filing of all Statements of
Economic Interest (Form 700s); 2020 Local Agency Biennial Notice
Recommended Action: a.) Adopt Resolution No. 20‐115 rescinding Resolution No. 18‐
092 and amending the City of Cupertino Conflict of Interest Code for officials and
designated employees and requiring electronic filing of all Statements of Economic
Interest; and b.) Authorize the City Manager to sign the required 2020 Local Agency
Biennial Notice
Written communications for the item included a staff presentation.
City Clerk Kirsten Squarcia gave a presentation.
Vice Mayor Paul opened the public comment period and, seeing no speakers, closed the
public comment period.
Paul moved and Sinks seconded to a.) Adopt Resolution No. 20‐115 rescinding
Resolution No. 18‐092 and amending the City of Cupertino Conflict of Interest Code for
officials and designated employees and requiring electronic filing of all Statements of
Economic Interest; and b.) Authorize the City Manager to sign the required 2020 Local
Agency Biennial Notice. The motion carried unanimously (Scharf absent).
COUNCIL AND STAFF COMMENTS AND FUTURE AGENDA ITEMS
‐ Added a future agenda item regarding homelessness and employment (Willey/Chao)
ADJOURNMENT
City Council Minutes September 15, 2020
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At 12:13 a.m., on Wednesday, September 16, Mayor Scharf adjourned the meeting. Note: A
special meeting of the Cupertino Public Facilities Corporation followed the regular City
Council meeting.
___________________________
Kirsten Squarcia, City Clerk