City Council
10300 Torre Avenue and 10350 Torre Avenue, Council Chamber and via Teleconference
Agenda — 43 items
- 1 IN-PERSON AND TELECONFERENCE / PUBLIC PARTICIPATION INFORMATION OPTIONS TO OBSERVE: Members of the public wishing to observe the meeting may do so in one of the following ways: 1) Attend in person at Cupertino Community Hall, 10350 Torre Avenue. 2) Tune to Comcast Channel 24 or Channel 26 and AT&T U-Verse Channel 99 on your TV. 3) Watch a live stream online at www.Cupertino.gov/youtube and www.Cupertino.org/webcast 4) Attend in person at a remote Teleconference Location noticed pursuant to Gov. Code 54953(b)(2), which location, if noticed, would be stated on the cover page of this agenda. OPTIONS TO PARTICIPATE AND COMMENT: Members of the public wishing to address the City Council may do so in the following ways: 1) Appear in person for Closed Session in City Hall, Conference Room C or for Open Session in Cupertino Community Hall. Members of the public may provide oral public comments pertaining to the agenda prior to the beginning of Closed Session and after Roll Call. A. During “Oral Communications”, the public may comment on matters not on the agenda, and for agendized matters, the public may comment during the public comment period for each agendized item. B. Speakers are requested to complete a Speaker Card. While completion of Speaker Cards is voluntary and not required to attend the meeting or provide comments, it is helpful for the purposes of ensuring that all speakers are called upon. C. Speakers must wait to be called, then proceed to the lectern/podium and speak into the microphone when recognized by the Mayor. D. Speakers are limited to three (3) minutes each. However, the Mayor may reduce the speaking time depending on the number of people who wish to speak on an item. A speaker representing a group between 2 and 5 members of the public in attendance may have up to 2 minutes per group member to speak, up to 10 minutes maximum. E. Please note that due to cyber security concerns, speakers are not allowed to connect any personal devices at the lectern/podium. However, speakers that wish to share a document (e.g. presentations, photographs or other documents) during oral comments may do so in one of the following ways: a) At the overhead projector at the podium, or b) E-mail the document to cityclerk@cupertino.gov by 3:00 p.m. and staff will advance the slides/share the documents during your oral comment. 2) Written Communications as follows: A. E-mail comments to the City Council for Closed Session or Open Session at publiccomment@cupertino.gov as follows: a. E-mail comments must be received by 4:00 p.m. on the day of the meeting in order to be forwarded to the City Council before the meeting. b. Emailed comments received following agenda publication but prior to, or during, the meeting, will be posted to the City’s website after the meeting. c. These e-mail comments will also be received by each City Councilmember, the City Manager, and the City Clerk’s Office. Comments on non-agenda items sent to any other email address will be included upon the sender's request. B. Regular mail or hand delivered addressed to the: City Council, City Hall, 10300 Torre Avenue, Cupertino, CA 95014 3) Teleconference in one of the following ways: A. Online via Zoom on an electronic device (Audio and Video): a) To access the meeting, speakers must register individually for the closed and open sessions in advance by clicking on the links below. b) Registrants will receive a confirmation email containing information about joining the webinar. c) Speakers will be recognized by the name they use for registration. Once recognized, speakers must click ‘unmute’ when prompted to speak. d) Please read the following instructions about technical compatibility carefully: One can directly download the teleconference (Zoom) software or connect to the meeting in their internet browser. If a browser is used, make sure the most current and up-to-date browser, such as the following, is used: Chrome 30+, Firefox 27+, Microsoft Edge 12+, Safari 7+. Certain functionality may be disabled in older browsers, including Internet Explorer. e) CLOSED SESSION REGISTRATION LINK: https://cityofcupertino.zoom.us/webinar/register/WN_VPhzEHPrSTefRPEKvZqRaA f) OPEN SESSION REGISTRATION LINK: https://cityofcupertino.zoom.us/webinar/register/WN_wROWuwa8QByIKPEqfYK_dQ B. By Phone (Audio only): No registration is required in advance and speakers may join the meeting as follows: a) Dial 669-900-6833 CLOSED SESSION WEBINAR ID: 815 3238 3428 OPEN SESSION WEBINAR ID: 834 8241 5923 b) To “raise hand” to speak: Dial *9; When asked to unmute: Dial *6 c) Speakers will be recognized to speak by the last four digits of their phone number. C. Online via the teleconferencing device (Audio and Video) being used to provide access to the meeting from a remote Teleconference Location noticed pursuant to Gov. Code 54953(b)(2), which location, if noticed, would be stated on the cover page of this agenda. a) Speakers are required to notify the City Clerk via email to cityclerk@cupertino.gov prior to noon on the date of the meeting during which they plan to participate and comment from the remote location noticed to ensure the City Clerk is prepared to accept their comment. b) If the teleconferencing device malfunctions impeding access to the meeting from the remote location, the speaker may alternatively participate via the other options for remote participation provided above.
- 2 CALL TO ORDER - 5:30 P.M. 10300 Torre Avenue, Conference Room C
- 3 ROLL CALL
- 4 CLOSED SESSION
- 1. Subject: CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Existing litigation pursuant to paragraph (5) of Subdivision (c) of Section 54956.9(d)(1) of the California Government Code: a. Lixin (Leon) Chen, et al. c. City of Cupertino, et al., Santa Clara County Superior Court, Case No, 25CA462857 b. Yes in My Backyard, et al. v. City of Cupertino, et al. Santa Clara County Superior Court, Case No. 25CA263924 c. Garden Gate Coalition for Mary Avenue Safety v. City of Cupertino, Santa Clara County Superior Court, Case No. 26CV488611 d. Mark Fantozzi v. City of Cupertino, Santa Clara County Superior Court, Case No. 26CV492787
- 2. Subject: CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Anticipated litigation pursuant to paragraph (2) of subdivision (d) and paragraph (1) of subdivision (e) of Section 54956.9 of the California Government code (1 case)
- 7 RECESS
- 8 OPEN SESSION
- 9 CALL TO ORDER - 6:45 P.M. 10350 Torre Avenue, Community Hall
- 10 PLEDGE OF ALLEGIANCE
- 11 ROLL CALL
- 12 CLOSED SESSION REPORT
- 13 CEREMONIAL ITEMS - None
- 14 POSTPONEMENTS AND ORDERS OF THE DAY
- 15 ORAL COMMUNICATIONS
- 16 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 for discussion. Oral Communications shall be limited to 30 minutes. Additional speakers wishing to comment on non-agenda items may be given time to speak at the end of the agenda, after the City Manager's report. 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. A councilmember may, however, briefly respond to statements made or questions posed by speakers. A councilmember may also ask a question for clarification, provide a reference for factual information, request staff to report back concerning a matter, or request that an item be added to a future City Council agenda in response to public comment.
- 17 CONSENT CALENDAR (Items 3-9)
- 18 Items appearing on the Consent Calendar are considered routine City business and may be approved by one motion. Typical items may include meeting minutes, awards of contracts, the ratification of accounts payable, and second readings of ordinances. Any member of the Council may request to have an item removed from the Consent Calendar based on the rules set forth in the City Council Procedures Manual. Members of the public may provide input on one or more consent calendar items when the Mayor asks for public comments on the Consent Calendar.
- 3. Subject: Approval of a Final Map and the Subdivision Improvement Agreement for Phase 1 of The Rise Development Project; Acceptance of Public Street Dedications and Public Easements; and Abandonment of Unnecessary Public Easements (Tract No. 10706; Applicant: Vallco Property Owner LLC; Location: Formerly 10123 North Wolfe Road (APN: 316-20-121 & 316-20-122)
- 4. Subject: Approval of July 7, 2026 City Council meeting minutes
- 5. Subject: Ratifying Accounts Payable for the periods ending June 5, 2026, and June 18, 2026
- 6. Subject: Approval of a Third Amendment to extend the term through October 31, 2026, of the Interim City Attorney Agreement for City Attorney services by and between the City of Cupertino and Aleshire & Wynder, LLP, with Floy Andrews as Interim City Attorney.
- 7. Subject: Adoption of Resolution No. 26-083 authorizing the City Manager to accept $850,000 in federal grant funds from the Community Project Funding Program, awarding a Design Professional Services Agreement to Biggs Cardosa Associates, Inc. for a total not to exceed amount of $1,278,700, for the McClellan Road Bridge Project, and authorizing City Manager to execute the agreement.
- 8. Subject: Approval of a Resolution submitting an Ordinance to the voters to amend the General Plan and add Title 21 to the Municipal Code to Require any Rezoning of Parks, Parklands, or Open Space to be Approved by Two-Thirds of Cupertino Voters, placing this Measure on the ballot for the November 3, 2026 General Municipal Election and consolidating it with the statewide election.
- 9. Subject: Approval of a Resolution submitting an Ordinance to the voters to Extend the Current Utility Users Tax and Telecommunications Tax by 10 Years after its Expiration Date, placing this Measure on the ballot for the November 3, 2026 General Municipal Election and consolidating it with the statewide election.
- 26 PUBLIC HEARINGS
- 27 Government Code Section 65103.5 limits the distribution of copyrighted material associated with the review of development projects. Members of the public wishing to view plans that cannot otherwise be distributed under Govt. Code Section 65103.5 may make an appointment with the Planning Division to view them at City Hall by sending an email to planning@cupertino.gov. Plans will also be made available digitally during the hearing to consider the proposal.
- 10. Subject: Public Hearing and approval of lien assessment and collection of fees on private parcels resulting from abatement of public nuisance (weeds and/or brush) for the annual Weed and Brush Abatement Programs
- 11. Subject: Adoption of a Resolution Approving an Economic Development and Sales Tax Sharing Agreement with Insight Direct Worldwide, Inc. (Insight).
- 30 ACTION CALENDAR
- 12. Subject: Review of attendance record and consideration of an attendance policy waiver for Library Commissioner Janki Chokshi.
- 13. Subject: Amendments to the City’s Naming, Donation, and Sponsorship Policies
- 33 ITEMS REMOVED FROM THE CONSENT CALENDAR
- 34 CITY MANAGER REPORT
- 14. Subject: City Manager Report
- 36 ORAL COMMUNICATIONS - CONTINUED
- 37 COUNCILMEMBER REPORTS
- 15. Subject: Councilmember Reports
- 39 FUTURE AGENDA ITEMS
- 40 The Upcoming Draft Agenda Items Report is a tentative council meeting agenda calendar that lists upcoming City Council meeting dates and tentative agenda items, all of which are subject to change.
- 16. Subject: Upcoming Draft Agenda Items Report
- 42 ADJOURNMENT
- 43 Lobbyist Registration and Reporting Requirements: Individuals who influence or attempt to influence legislative or administrative action may be required by the City of Cupertino’s lobbying ordinance (Cupertino Municipal Code Chapter 2.100) to register and report lobbying activity. Persons whose communications regarding any legislative or administrative are solely limited to appearing at or submitting testimony for any public meeting held by the City are not required to register as lobbyists. For more information about the lobbying ordinance, please contact the City Clerk’s Office at 10300 Torre Avenue, Cupertino, CA 95014; telephone (408) 777-3223; email cityclerk@cupertino.org; and website: www.cupertino.org/lobbyist. 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 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 meeting to arrange for assistance. In addition, upon request in advance by a person with a disability, 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, Cupertino, California 95014, during normal business hours; and in Council packet archives linked from the agenda/minutes page on the City web site. IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipal Code section 2.08.100 written communications sent to the City Council, Commissioners or 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 website and kept in packet archives. Do not include any personal or private information in written communications to the City that you do not wish to make public, as written communications are considered public records and will be made publicly available on the City website.