Sophia Wang, on behalf of Cupertino Youth Climate Action Team, supported adopting a replace on burnout ordinance, rebates, and Menlo Park’s ordinance goals.
Dashiell Leeds, on behalf of Sierra Club Loma Prieta Chapter, supported an ordinance like Menlo Park’s or Palo Alto’s, adopting by 2030, and moving to full electrification.
Housing Commissioner Connie Cunningham representing self), supported environmental justice, carbon neutral goals, and green infrastructure.
Shani Kleinhaus, on behalf of Santa Clara Valley Audubon Society, supported a climate action plan including biodiversity for nature and sustaining local species.
Planning Commissioner Kitty Moore representing self) supported transitioning from wood heating, new HVAC technologies, and improving diversion rates of recyclables.
Mayor Scharf closed the public comment period.
Councilmembers asked questions and made comments.
There was overall support to explore aggressive climate action goals if the data analysis is supportive and substantive.
ADJOURNMENT
REGULAR MEETING
At 6:45 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
POSTPONEMENTS
City Council Minutes December 1, 2020
1. Subject: Municipal Code Amendments to update existing Mobile Vending regulations, including but not limited to regulations in Chapter 5.48, and potential conforming edits to other chapters in the Municipal Code, including in Titles 5, 11, 13 and 19.Application No(s).: MCA 2020 004; Applicant(s): City of Cupertino; Location: citywide. This item has been continued to December 15.
2. 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. This item has been continued to December 15.
City Clerk Kirsten Squarcia noted that This item has been continued to January 19 instead of the December 15 date noted on tonight’s agenda.
ORAL COMMUNICATIONS
Written Communications for this item included an email to Council.
Jennifer Griffin was concerned about the process for funding and introducing housing bills and loss of local control and supported greater transparency.
Michael Haas, on behalf of Charlene Lee, was concerned about the November 3, 2020 election results, her candidate biography posting on the City website, and development within the City.
Rhoda Fry was opposed to naming city buildings after individuals and honorary plaques in recognition of city leaders including the Library expansion project.
Viggie34 talked about taking photos of a homeless encampment next to Vallco, his interaction with encampment residents and the police, and his plans to file a lawsuit for compensation.
Charlene Lee was concerned about the conduct and results of the November 3, 2020 election, her candidate biography posting on the City website, and collection of her campaign signs.
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 Council Minutes December 1, 2020
City Manager Deborah Feng reported on the State’s COVID 19 tier guidelines and Cupertino case counts and testing opportunities; Parks and Recreation activities; and a homeless encampment update regarding outreach and engagement for unhoused residents.
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
Scharf moved and Sinks seconded to approve the items on the Consent Calendar except for Item No. 8 which was pulled for discussion. Ayes: Scharf, Paul, Chao, Sinks, and Willey. Noes:
None. Abstain: None. Absent: None.
5. Subject: Approve the November 17 City Council minutes Recommended Action: Approve the November 17 City Council minutes
6. Subject: Approve the November 19 City Council minutes Recommended Action: Approve the November 19 City Council minutes
7. Subject: Set hearing date on January 19, 2021 to declare a public nuisance from weeds) and to consider objections for proposed removal; declare properties as having potential fire hazards from weeds or other potential nuisances for the Cupertino Weed Abatement Program.
Recommended Action: Adopt Resolution No. 20 136 declaring properties as having potential fire hazards from weeds or other potential nuisances; and set hearing on January 19, 2021 to declare a public nuisance and to consider objections for proposed removal.
8. Subject: Mitigation Fee Act Annual Five Year Report Fiscal Year 2019 2020 Recommended Action: 1. Accept the Annual Five Year Review of the City of Cupertinos Development Impact Fees Government Code Section 66000 et seq.);and 2.
Adopt Resolution No20 137 entitled A Resolution ofthe Cupertino City Council Approving the Annual Five Year Development Impact Fee Report for FY Ending June 30,2020 and Making Required Findings.
City Council Minutes December 1, 2020
Scharf moved and Willey seconded to:
1. Accept the Annual Five Year Review of the City of Cupertinos Development Impact Fees Government Code Section 66000 et seq.);and 2.
Adopt Resolution No20 137 entitled A Resolution ofthe Cupertino City Council Approving the Annual Five Year Development Impact Fee Report for FY Ending June 30,2020 and Making Required Findings.
The motion carried unanimously.
9. Subject: Consider changes to the part time salary schedules for classifications and job series impacted by minimum wage adjustments.
Recommended Action: Adopt Resolution No. 20 138 establishing changes to part time salary schedules for classifications impacted by minimum wage adjustments and realign wage increases with position advancement.
SECOND READING OF ORDINANCES
10. Subject: Second reading of Ordinance No. 20 2216 to amend Cupertino Municipal Code Chapter 2.40 concerning the Disaster Council and the emergency management program).
Recommended Action: Conduct the second reading and enact 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).”
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).”
Scharf moved and Willey seconded to read the title of Ordinance No. 20 2216 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.
Scharf moved and Willey seconded to enact Ordinance No. 20 2216.
Ayes: Scharf, Paul, Chao, Sinks, and Willey. Noes: None. Abstain: None. Absent: None.
PUBLIC HEARINGS
City Council Minutes December 1, 2020
11. Subject: Municipal Code Amendments to adopt glazing and lighting regulations to implement the Fiscal Year 2019/20 City Council Work Program items related to Dark Sky and Bird Safe Design. Application No. MCA 2019 003 and MCA 2019 004; Applicant: City of Cupertino; Location: City wide)
Recommended Action: That the City Council:
1. Find the proposed actions are exempt from CEQA; and,
2. Conduct the first reading of Ordinance No. 20 2217 An Ordinance of the City Council of the City of Cupertino Amending City Code to Add Chapter 19.102: Glass and Lighting Standards and to Amend Chapter 19.08 Definitions, Chapter 19.40 Residential Hillside RHS) Zones, Chapter 19.60 General Commercial GC) Zones, Chapter 19.72 Light Industrial ML) and Industrial Park MP) Zones, and Chapter
19.124 Parking Regulations to Implement Bird Safe and Dark Sky Policies.” Attachment A)
Written communications for this item included a staff presentation and emails to Council.
Planning Manager Piu Ghosh and Senior Planner Erick Serrano gave a presentation.
Mayor Scharf opened the public hearing and the following people spoke.
Jill Halloran supported dark skies and bird safe design.
Shani Kleinhaus, on behalf of the Santa Clara Valley Audubon Society, supported the Dark Sky and Bird Safe Design Ordinance
Housing Commissioner Connie Cunningham representing self) supported the Dark Sky and Bird Safe Design Ordinance
Peter Friedland supported the Dark Sky and Bird Safe Design Ordinance Lisa Karpinski supported the Dark Sky and Bird Safe Design Ordinance Mike Rhode was concerned about retail risks, lighting restrictions, and security and safety, and supported postponing the item.
Greg Whitney was concerned about impacts on retail and restaurants, security and safety, and uninviting lighting aspects, and supported looking at other cities first.
City Council Minutes December 1, 2020
Jean Bedord was concerned tax implications on business structures, overregulating commercial activity, and conducting commercial community outreach.
Dashiell Leeds, on behalf of the Sierra Club Loma Prieta Chapter, supported the Dark Sky and Bird Safe Design Ordinance.
Rhoda Fry supported the Dark Sky and Bird Safe Design Ordinance.
Anjali Kausar, on behalf of the Chamber Commerce, was concerned about further outreach to businesses and supported postponing the item.
Rose Friedland supported the Dark Sky and Bird Safe Design Ordinance.
Planning Commissioner Kitty Moore representing self) was concerned about string lighting regulations and addressing commercial area concerns.
Mayor Scharf closed the public hearing.
Council recessed from 8:30 p.m. to 8:35 p.m.
Councilmembers asked questions and made comments.
Paul moved to call the question. The motion carried with Sinks voting no.
Paul moved and Chao seconded to continue this item until December 15. The motion carried with Sinks voting no.
ORDINANCES AND ACTION ITEMS
12. Subject: Updated Administrative Procedures Within the Community Funding Grant Policy.
Recommended Action: Review and adopt updated administrative procedures within the Community Funding Grant Policy, including an earlier submission date for applications, program funding range, and affirmation that all qualified applicant materials will be brought to City Council.
Written communications for this item included a staff presentation, Amended Attachment B Community Funding Policy redline version), and Amended Attachment C Community Funding Policy clean version).
City Council Minutes December 1, 2020
Director of Parks and Recreation Joanne Magrini gave a presentation.
Councilmembers asked questions and made comments.
Scharf moved and Sinks seconded to adopt updated administrative procedures within the Community Funding Grant Policy, including an earlier submission date for applications, program funding range, and affirmation that all qualified applicant materials will be brought to City Council. The motion carried unanimously.
ORAL COMMUNICATIONS CONTINUED As necessary)
COUNCIL AND STAFF COMMENTS AND FUTURE AGENDA ITEMS
Added a future agenda item to discuss nonprofit funding as a line item in the budget Chao/Scharf)
Added a future agenda item to review existing policy for naming public buildings, donations, and recognition strategies Chao/Scharf)
ADJOURNMENT
At 10:13 p.m., Mayor Scharf adjourned the meeting.
Kirsten Squarcia, City Clerk
5/18/2022 Proposed Budget Meeting Questions
1. Enterprise funds – Why isn’t Blackberry farm pool/picnic an enterprise fund? Who are we serving/not serving along with profit and loss statement? a. All expenses related to Blackberry Farm pool and picnic area can be found in budget unit 100-63-612 on pages 352-354 of the FY 2022-23 proposed budget. The revenue and expenditure table shows revenues and expenditures along with any use of fund balance or General fund subsidy (General fund costs) for 2 years of actuals along with last years adopted budget and this year’s proposed budget. This budget currently operates in a deficit as fee revenues are set up to only costs recover about 60% of actual costs per City Council direction as part of the last citywide fee study. Staff is requesting additional funds to conduct a new fee study in FY 22-23 for City Council consideration in this year’s budget. Based on research conducted, the FY 2007-08 budget document appears to recommend the movement of this operation from an Enterprise Fund to the General Fund because it was not self-sustaining at that time. Given that currently you can view the profit and loss easily in the budget we have not transitioned this back to an enterprise fund. Also, it still requires a subsidy.
b. Staff utilize two metrics to measure resident/non-resident use of Blackberry Farm. The first is swimming pool users and collected when visitors check in to the kiosk to enter the pool area. The second metric is based on picnic site reservations, which are charged based on the renter’s residency status. A summary of the users from 2017 to 2021 are shown below:
Blackberry Farm User Summary 2017 to 2021
Swimming Pool Users 2017 2018 2019 2020 2021*
Residents 6582 6117 5903 COVID 5019
Non-Residents 11869 11027 9935 COVID 6467
Total Swimmers 18451 17144 15838 COVID 11486
% Residents/Non-Residents 36%/64% 36%/64% 37%/63% COVID 44%/56% Picnic Site Reservations 2017 2018 2019 2020 2021*
Residents 103 96 101 COVID 53
Non-Residents 150 130 152 COVID 32
Total Reservations 253 226 253 COVID 85
% Residents/Non-Residents 41%/59% 42%/58% 40%/60% COVID 62%/38% A few things to note:
1. Blackberry Farm was closed in 2020 due to the COVID pandemic. 5/18/2022 Proposed Budget Meeting Questions
2. *Blackberry Farm was only open for 70 days in 2021 (out of the maximum 100 days per year) due to the pandemic.
2. Where do we sit in the market compared to other jurisdictions in turnover since 2018 to the present?