City Council

10300 Torre Avenue and 10350 Torre Avenue and via Teleconference; and Teleconference Location Pursuant to Gov. Code 54953(b)(2): Courtyard Marriott, 1803 Porter Street, Baltimore, Maryland 21230

Agenda — 47 items

1. 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 26 and AT&T U-Verse Channel 99 on your TV. 3) Watch a live stream online at www.Cupertino.org/youtube and www.Cupertino.org/webcast 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. 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) Open Session Teleconference in one of the following ways: A. Online via Zoom on an electronic device (Audio and Video): Speakers must register in advance by clicking on the link below to access the meeting: https://cityofcupertino.zoom.us/webinar/register/WN_wah5hBR7TaSjX49fHAe_8w a) Registrants will receive a confirmation email containing information about joining the webinar. b) Speakers will be recognized by the name they use for registration. Once recognized, speakers must click ‘unmute’ when prompted to speak. c) 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. B. By Phone (Audio only): No registration is required in advance and speakers may join the meeting as follows: a) Dial 669-900-6833 and enter WEBINAR ID: 819 3284 7815 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. Via an H.323/SIP room system: Join from an H.323/SIP room system: H.323: 144.195.19.161 (US West) 206.247.11.121 (US East) Meeting ID: 819 3284 7815 SIP: 81932847815@zoomcrc.com
2. 3 ROLL CALL - 5:45 PM 10300 Torre Avenue, Conference Room C and Teleconference Location Pursuant to Gov. Code 54953(b)(2): Courtyard Marriott, 1803 Porter Street, Baltimore, Maryland, USA, 21230
3. 4 CLOSED SESSION
4. 1. Subject: Conference with Legal Counsel - Anticipated Litigation; California Government Code Sections 54956.9(d)(4) and 54954.4(c): (1 case) 25-14356
5. 2. Subject: Conference with Legal Counsel - Existing Litigation; California Government Code Sections 54956.9(d)(1) and 54954.5(c): Lixin (Leon) Chen, et al. v. City of Cupertino, et al., Santa Clara County Superior Court, Case No. 25CV462857; Yes In My Backyard, et al. v. City of Cupertino, et al., Santa Clara County Superior Court, Case No. 25CV263924 25-14357
6. 3. Subject: Conference with Real Property Negotiators; California Government Code Section 54954.5 1. Property: 10480 Finch Avenue, Cupertino, CA 2. Agency Negotiators: Tina Kapoor, Interim City Manager, and Floy Andrews, Interim City Attorney 3. Negotiating parties: City of Cupertino and Cupertino Union School Distrct 4. Under negotiation: Price and terms of payment 25-14358
7. 8 RECESS
8. 9 OPEN SESSION
9. 10 CALL TO ORDER - 6:45 PM 10350 Torre Avenue and via Teleconference; and Teleconference Location Pursuant to Gov. Code 54953(b)(2): Courtyard Marriott, 1803 Porter Street, Baltimore, Maryland, USA, 21230
10. 11 PLEDGE OF ALLEGIANCE
11. 12 ROLL CALL
12. 13 CLOSED SESSION REPORT
13. 14 CEREMONIAL ITEMS
14. 4. Subject: Recognition of October 19 to October 25, 2025 as United Against Hate Week 25-13643
15. 5. Subject: Recognition of October as Hindu Heritage and Awareness Month 25-14216
16. 6. Subject: Recognition of October as Community Planning Month and appreciation for the work of the Community Development Department 25-14182
17. 18 POSTPONEMENTS AND ORDERS OF THE DAY
18. 7. Subject: Revisions to Cupertino City Council Procedures Manual (Postponed from September 16, 2025) 25-14328
19. 20 ORAL COMMUNICATIONS
20. 21 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. 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. 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.
21. 22 CONSENT CALENDAR (Items 8-14)
22. 23 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.
23. 8. Subject: Approval of September 15, 2025 City Council meeting minutes 25-14306
24. 9. Subject: Approval of September 16, 2025 City Council meeting minutes 24-13597
25. 10. Subject: Review of future agenda items requested by City Councilmembers (“TBD List”) 25-14179
26. 11. Subject: Amendment to 2025 Council Committee Assignments to designate Council appointments to the Economic Development Committee (EDC); Formation of a Council Ad Hoc Subcommittee for the EDC. 25-14289
27. 12. Subject: Appointment of the Sustainability Commission, Technology, Information, and Communications Commission, and Planning Commission recommendations as representatives to the Economic Development Committee 25-14290
28. 13. Subject: Introduce amendments to Cupertino Municipal Code, adding Title 14, Chapter 14.30 Small Wireless Facilities In Public Rights-Of-Way, pertaining to regulation of wireless facilities within City streets (Continued from September 16, 2025) 25-14327
29. 14. Subject: Memorandum of Understanding (MOU) between the City of Cupertino and other local public agencies in Santa Clara County to fund the Composting Education Program in the amount of $9,186.90 (January 2026 - June 30, 2027, with an option for a two-year extension) (Continued from September 16, 2025) 25-14333
30. 31 STUDY SESSION
31. 15. Subject: Study Session on amendments to Audit Committee Duties, Powers, and Responsibilities 25-14325
32. 33 PUBLIC HEARINGS
33. 34 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.
34. 16. Subject: Consider Municipal Code Amendments for consistency with Senate Bill 450 and minor text edits, amending multiple chapters of the Municipal Code. (Application No.: MCA-2024-004; Applicant: City of Cupertino; Location: Citywide) 25-13775
35. 36 ACTION CALENDAR
36. 17. Subject: Request Cities Association of Santa Clara County (“CASCC”) to amend the Joint Powers Agency Agreement and Bylaws to rectify undemocratic practices pertaining to the election of Executive Officers, the method of selecting the Chair of the Legislative Action Committee, and to remove the requirement that Executive Officers be elected during a specific month; and to appoint Vice Mayor Kitty Moore to the CASCC Board for the 2026 term and support her election to the Executive Committee 25-14326
37. 38 ITEMS REMOVED FROM THE CONSENT CALENDAR
38. 39 CITY MANAGER REPORT
39. 18. Subject: City Manager Report 25-14207
40. 41 ORAL COMMUNICATIONS - CONTINUED
41. 42 COUNCILMEMBER REPORTS
42. 19. Subject: Councilmember Reports 24-13578
43. 44 FUTURE AGENDA ITEMS
44. 45 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.
45. 20. Subject: Upcoming Draft Agenda Items Report 25-14087
46. 47 ADJOURNMENT
47. 48 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.