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City Council

July 1, 2025 ·5:30 PM Final ·Special Meeting Non-Televised Closed Session (5:30) and Televised Regular Meeting (6:45)

10300 Torre Avenue and 10350 Torre Avenue and via Teleconference

Agenda — 51 items

  1. 1 IN-PERSON AND TELECONFERENCE / PUBLIC PARTICIPATION INFORMATION 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) The meeting will also be streamed live on and online at www.Cupertino.org/youtube and www.Cupertino.org/webcast Members of the public wishing to comment on an item on the agenda 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 during the Open Session as follows: Oral public comments will be accepted during the meeting. Comments may be made during “oral communications” for matters not on the agenda, and during the public comment period for each agenda item. Members of the audience who address the City Council must come to the lectern/microphone, and are requested to complete a Speaker Card and identify themselves. Completion of Speaker Cards and identifying yourself is voluntary and not required to attend the meeting or provide comments. 2) E-mail comments for Closed Session or Open Session by 4:00 p.m. on Tuesday, July 1 to the Council at publiccomment@cupertino.gov. 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. Emailed comments received following the agenda publication, prior to or during the meeting, will be posted to the City’s website. Members of the public may provide oral public comments during the Meeting as follows: Oral public comments will be accepted during the meeting. Comments may be made during “oral communications” for matters not on the agenda, and during the public comment period for each agenda item. Oral public comments may be made during the public comment period for each agenda item. Members of the audience who address the City Council must come to the lectern/microphone, and are requested to complete a Speaker Card and identify themselves. Completion of Speaker Cards and identifying yourself is voluntary and not required to attend the meeting or provide comments. 3) Open Session Teleconferencing Instructions To address the City Council, click on the link below to register in advance and access the meeting: Online Register in advance for this webinar: https://cityofcupertino.zoom.us/webinar/register/WN_N9FRcfU_TeCxok9sfoVzvQ Phone Dial: 669‐900‐6833 and enter Webinar ID: 842 8009 9205 (Type *9 to raise hand to speak, *6 to unmute yourself). Unregistered participants will be called on by the last four digits of their phone number. Join from an H.323/SIP room system: H.323: 144.195.19.161 (US West) 206.247.11.121 (US East) Meeting ID: 842 8009 9205 SIP: 84280099205@zoomcrc.com After registering, you will receive a confirmation email containing information about joining the webinar. Please read the following instructions carefully: 1. You can directly download the teleconference software or connect to the meeting in your internet browser. If you are using your browser, make sure you are using a current and up-to-date browser: Chrome 30+, Firefox 27+, Microsoft Edge 12+, Safari 7+. Certain functionality may be disabled in older browsers, including Internet Explorer. 2. You will be asked to enter an email address and a name, followed by an email with instructions on how to connect to the meeting. Your email address will not be disclosed to the public. If you wish to make an oral public comment but do not wish to provide your name, you may enter “Cupertino Resident” or similar designation. 3. When the Mayor calls for the item on which you wish to speak, click on “raise hand,” or, if you are calling in, press *9. Speakers will be notified shortly before they are called to speak. 4. When called, please limit your remarks to the time allotted and the specific agenda topic. 5. Members of the public that wish to share a document must email cityclerk@cupertino.org prior to the meeting. These documents will be posted to the City’s website after the meeting.
  2. 2 NOTICE AND CALL FOR A SPECIAL MEETING OF THE CUPERTINO CITY COUNCIL NOTICE IS HEREBY GIVEN that a special meeting of the Cupertino City Council is hereby called for Tuesday, July 01, 2025, commencing at 5:30 p.m. in City Hall, Conference Room C, 10300 Torre Avenue, Cupertino, California 95014. Said special meeting shall be for the purpose of conducting business on the subject matters listed below under the heading, “Special Meeting."
  3. 3 SPECIAL MEETING
  4. 4 ROLL CALL - 5:30 PM 10300 Torre Avenue, Conference Room C
  5. 5 CLOSED SESSION
  6. 1. Subject: Conference with legal counsel - existing litigation; California Government Code Section 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 and Yes In My Back Yard, et al. v. City of Cupertino, et al., Santa Clara County Superior Court, Case No. 25CV263924 25-14094
  7. 2. Subject: Conference with legal counsel - anticipated litigation; California Government Code Section 54956.9(d)(4) and 54954.5(c): (six cases) 25-14053
  8. 8 ADJOURNMENT
  9. 9 REGULAR MEETING
  10. 10 CALL TO ORDER - 6:45 PM 10350 Torre Avenue, Community Hall and via Teleconference
  11. 11 PLEDGE OF ALLEGIANCE
  12. 12 ROLL CALL
  13. 13 CLOSED SESSION REPORT
  14. 14 CEREMONIAL ITEMS
  15. 1. Subject: Proclamation recognizing July as Parks and Recreation Month 25-13639
  16. 16 PRESENTATIONS
  17. 2. Subject: Project Update Presentation by Midpeninsula Regional Open Space District (Midpen) Board Member 25-14026
  18. 18 POSTPONEMENTS AND ORDERS OF THE DAY
  19. 19 ORAL COMMUNICATIONS
  20. 20 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. 21 CONSENT CALENDAR (Items 3-11)
  22. 22 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. 3. Subject: Approval of May 28, 2025 City Council meeting minutes 25-14034
  24. 4. Subject: Approval of May 29, 2025 City Council meeting minutes 25-14035
  25. 5. Subject: Approval of June 6, 2025 City Council meeting minutes 25-14059
  26. 6. Subject: Approval of June 17, 2025 City Council minutes 24-13593
  27. 7. Subject: Approval of updated future agenda items requested by City Councilmembers ("TBD List") (Continued from April 15, 2025 and May 6, 2025) 25-13972
  28. 8. Subject: Appoint a negotiator for the potential purchase of 10480 Finch Avenue, owned by the Cupertino Unified School District, adjacent to Sedgwick Elementary School. 25-14080
  29. 9. Subject: Award of a design professional services agreement to DIALOG Design LP for the City 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. 25-14054
  30. 10. Subject: Accept Ad-Hoc Legislative Review Committee (LRC) City Council Subcommittee recommendation regarding Assembly Bill (AB) 306 25-14076
  31. 11. Subject: Approve a budget adjustment for a new special project, in I&T Applications Division for Digital Accessibility services to evaluate Cupertino’s website, including a full Accessibility Audit with a comprehensive report, support for WCAG 2.1 AA compliance remediation, PDF accessibility remediation, and staff training. 25-14077
  32. 32 PUBLIC HEARINGS
  33. 33 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. 12. Subject: Public hearing to consider a Development Permit, Use Permit, Tentative Map, Architectural and Site Approval, and Tree Removal Permit to consider the construction of a 59-unit townhome condominium development. The project utilizes Senate Bill 330 and provisions of State Density Bonus law. (Application No(s): DP-2024-002, U-2024-007, TM-2024-001, ASA-2024-005, TR-2024-024; Applicant(s): SummerHill Homes, LLC; Location: 20770, 20830, and 20840 Stevens Creek Blvd; APNs: 359-08-025, -026, -027, and-028 (partial).) 25-14063
  35. 13. Subject: Approval of the Fiscal Year (FY) 2025-26 Fee Schedule Update (Continued from May 6, 2025) 25-13971
  36. 36 ACTION CALENDAR
  37. 14. Subject: Acceptance of FY 2025-26 Internal Audit Work Plan 25-13960
  38. 15. Subject: Introduce Municipal Code amendments to Cupertino Municipal Code, Title 2, Chapter 2.96, Sections 2.96.010 Established-Composition and 2.96.020 Terms of Office, pertaining to the Economic Development Committee. 25-14038
  39. 39 STUDY SESSION
  40. 16. Subject: Study Session regarding possible updates to oversized vehicle parking restrictions in the public right-of-way 25-14050
  41. 41 ITEMS REMOVED FROM THE CONSENT CALENDAR
  42. 42 CITY MANAGER REPORT
  43. 17. Subject: City Manager Report 25-14074
  44. 44 ORAL COMMUNICATIONS - CONTINUED
  45. 45 COUNCILMEMBER REPORTS
  46. 18. Subject: Councilmember Reports 24-13574
  47. 47 FUTURE AGENDA ITEMS
  48. 48 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.
  49. 19. Subject: Upcoming Draft Agenda Items Report 25-14083
  50. 50 ADJOURNMENT
  51. 51 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.