City Council
10300 Torre Avenue and 10350 Torre Avenue and via Teleconference
Agenda — 52 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 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_y3-RGkjQQJ2XKOudUqM4bw 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: 836 9467 8794 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: 836 9467 8794 SIP: 83694678794@zoomcrc.com
- 3 ROLL CALL - 5:45 PM 10300 Torre Avenue, Conference Room C
- 4 CLOSED SESSION
- 1. Subject: Conference with Real Property Negotiators; California Government Code Section 54954.5 Property: Finch property Agency Negotiators: Tina Kapoor, Interim City Manager, and Floy Andrews, Interim City Attorney Negotiating parties: City of Cupertino and Cupertino Union School District Under negotiation: Price and terms of payment
- 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
- 3. Subject: Conference with Legal Council - anticipated litigation, California Government Code Sections 54956.9(d)(4) and 54954.4(c): (1 case)
- 8 RECESS
- 9 OPEN SESSION
- 10 CALL TO ORDER - 6:45 PM 10350 Torre Avenue, Community Hall and via Teleconference
- 11 PLEDGE OF ALLEGIANCE
- 12 ROLL CALL
- 13 CLOSED SESSION REPORT
- 14 CEREMONIAL ITEMS
- 4. Subject: Recognition of September 15-October 15 as National Hispanic Heritage Month
- 5. Subject: Recognition of September 16 as National IT Professionals Day
- 6. Subject: Recognition of Friends of Children with Special Needs (FCSN) for supporting families with disabilities and promoting inclusion in the community
- 7. Subject: Recognition of Parents Helping Parents for supporting families facing disability and promoting inclusive systems of care
- 19 POSTPONEMENTS AND ORDERS OF THE DAY
- 20 ORAL COMMUNICATIONS
- 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.
- 22 CONSENT CALENDAR (Items 8-19)
- 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.
- 8. Subject: Approval of September 3, 2025 City Council meeting minutes
- 9. Subject: Ratifying Accounts Payable for the periods ending August 1, 2025; August 15, 2025; and August 29, 2025
- 10. Subject: Internal Audit Work Program: Special Revenue Fund Process Review
- 11. Subject: Accept Ad-Hoc Legislative Review Committee (LRC) City Council Subcommittee recommendation regarding Senate Bill 63, Senate Bill 707, and Measure A
- 12. Subject: Library Commission's Recommendation of Thomas Celerier for appointment of the new 2026-2028 Cupertino Poet Laureate
- 13. Subject: Approve a First Amendment to the contract with Independent Code Consultants, Inc., for an increase of $120,000 to provide On-Call Plan Review Services for FY26 for a total not-to-exceed amount of $315,000.
- 14. Subject: Approve a Second Amendment to the contract with West Coast Code Consultants, Inc. for an increase of $80,000 to provide On-Call Professional Building Services for FY26 for a total not-to-exceed amount of $300,000.
- 15. Subject: Second reading and enactment of proposed amendments to Municipal Code Chapters 19.08 (Definitions), and 19.112 (Accessory Dwelling Units) and Associated Environmental Review. (Application No. MCA-2025-001; Applicant: City of Cupertino; Location: City-wide)
- 16. Subject: Second reading and enactment of Municipal Code amendments to Cupertino Municipal Code, Title 11, Vehicles and Traffic, Section 11.24.130, Section 11.27.050, Section 11.28.010, and Section 11.28.020, pertaining to the overnight parking of oversized vehicles on public streets
- 17. 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)
- 18. Subject: Award of a design professional services agreement to DIALOG Design LP for the City Hall Annex Improvements project (420-99-248) for the renovation of an existing building located at 10455 Torre Avenue for a total not-to-exceed amount of $493,243.
- 19. Subject: Conditionally Accept the Stevens Creek Boulevard Corridor Vision Study
- 36 PUBLIC HEARINGS
- 37 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.
- 20. 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
- 39 ACTION CALENDAR
- 21. Subject: Revisions to Cupertino City Council Procedures Manual
- 41 STUDY SESSION
- 22. Subject: Options on Commission Oversight of Transportation Matters (Continued from September 3, 2025). Note: Public comment will be reopened for individuals who did not provide comment on September 3.
- 43 ITEMS REMOVED FROM THE CONSENT CALENDAR
- 44 CITY MANAGER REPORT
- 23. Subject: City Manager Report
- 46 ORAL COMMUNICATIONS - CONTINUED
- 47 COUNCILMEMBER REPORTS
- 24. Subject: Councilmember Reports
- 49 FUTURE AGENDA ITEMS
- 50 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.
- 25. Subject: Upcoming Draft Agenda Items Report
- 52 ADJOURNMENT
- 53 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.