City Council

10300 Torre Avenue and 10350 Torre Avenue and via Teleconference; and Teleconference Location Pursuant to Government Code section 54953(b)(2) Dubai Airport 7947+MP Dubai - United Arab Emirates, Terminal 3, Departures

Agenda — 43 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 pertaining to the agenda prior to the beginning of Closed Session and after Roll Call. 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, May 5 to the Council at citycouncil@cupertino.gov. These e-mail comments will also be forwarded to Councilmembers by the City Clerk’s office before the meeting and posted to the City’s website after the meeting. Members of the public that wish to share a document must email cityclerk@cupertino.gov prior to the meeting. Emailed comments received following the agenda publication, prior to or during the meeting, will be posted to the City’s website Comments on non-agenda items will be included upon the sender's request. 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_J62mukrTRhmM2EAVBK2-1g Phone Dial: 669‐900‐6833 and enter Webinar ID: 896 5154 5127 (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: 896 5154 5127 SIP: 89651545127@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.gov prior to the meeting. These documents will be posted to the City’s website after the meeting.
2. 2 ROLL CALL - 6:00 PM 10300 Torre Avenue, Conference Room C and Teleconference Location Pursuant to Government Code section 54953(b)(2) Dubai Airport 7947+MP Dubai - United Arab Emirates, Terminal 3, Departures
3. 3 CLOSED SESSION
4. 1. Subject: Conference with Labor Negotiators pursuant to Government Code § 54957.6 (Kristina Alfaro and Christopher Boucher) 25-13916
5. 5 RECESS
6. 6 OPEN SESSION
7. 7 CALL TO ORDER - 6:45 PM 10350 Torre Avenue, Community Hall and via Teleconference and Teleconference Location Pursuant to Government Code section 54953(b)(2) Dubai Airport 7947+MP Dubai - United Arab Emirates, Terminal 3, Departures
8. 8 PLEDGE OF ALLEGIANCE
9. 9 ROLL CALL
10. 10 CLOSED SESSION REPORT
11. 11 CEREMONIAL ITEMS
12. 2. Subject: Recognition of May as Asian American and Pacific Islander Heritage Month 25-13635
13. 3. Subject: Proclamation to Charities Housing and Silicon Valley at Home in conjunction with May as Affordable Housing Month 25-13636
14. 4. Subject: Proclamation to the County of Santa Clara Department of Family and Children’s Services recognizing May as National Foster Care Awareness Month 25-13792
15. 15 POSTPONEMENTS AND ORDERS OF THE DAY
16. 16 ORAL COMMUNICATIONS
17. 17 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.
18. 18 CONSENT CALENDAR (Items 5-8)
19. 19 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.
20. 5. Subject: Approval of April 15, 2025 City Council minutes 24-13589
21. 6. Subject: Approval of Updated Budget Format Implementation Action Plan (IAP) 25-13863
22. 7. Subject: Approve a Seventh Amendment to the MIG, Inc. design consultant agreement for the All-Inclusive Playground at Jollyman Park project for a total not-to-exceed amount of $533,821 25-13891
23. 8. Subject: Approve a Fourth Amendment to the Tanko Lighting Master Agreement for the Light Emitting Diode (LED) Streetlight Transition Project correcting the maximum compensation amount to $336,172. 25-13892
24. 24 PUBLIC HEARINGS
25. 25 Effective January 1, 2023, Government Code Section 65103.5 (SB 1214) 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 SB 1214 may make an appointment with the Planning Division to view them at City Hall by sending an email to planning@cupertino.org. Plans will also be made available digitally during the hearing to consider the proposal.
26. 9. Subject: Approval of an Interim Urgency Ordinance Imposing a Moratorium on the Transition of Multiple-Family Use Housing to Student Housing within a One Half Mile Radius of Foothill-De Anza Community College in the City of Cupertino; or approval of a Resolution Encouraging the Building of Newly Constructed Student Housing and Preventing the Conversion of Multiple-Family Use Housing to Student Housing within the City of Cupertino. 25-13918
27. 10. Subject: Approval of the Fiscal Year (FY) 2025-26 Fee Schedule Update 25-13859
28. 11. Subject: Public Hearing Pursuant to Government Code Section 3502.3 to Receive a Report on City of Cupertino Vacancies, and Recruitment and Retention Efforts. 25-13883
29. 29 ACTION CALENDAR
30. 12. Subject: Review future agenda items requested by City Councilmembers (Continued from April 15, 2025) 25-13905
31. 13. Subject: Modification to a previously approved Development Permit and Architectural & Site Approval for the Westport Development including, but not limited to, dwelling count and ground floor retail, Park Land Dedication Fees and minor changes to Building 1. (Application No(s): M-2024-003, ASA-2024-003; Applicant(s): Related California (Cascade Zak); Location: 21267 Stevens Creek Boulevard; APN #326-27-048) 25-13765
32. 14. Subject: Per the Council's direction, review potential Capital Improvement Plan (CIP) projects to be defunded from the current approved list. 25-13893
33. 15. Subject: Introduce an Ordinance amending Municipal Code Section 2.04.010 pertaining to Removal of Closed Session Start Time and Clarification that Meetings Rescheduled Due to Holidays or Elections Retain Regular Meeting Status 25-13920
34. 34 ITEMS REMOVED FROM THE CONSENT CALENDAR
35. 35 CITY MANAGER REPORT
36. 36 ORAL COMMUNICATIONS - CONTINUED
37. 37 COUNCILMEMBER REPORTS
38. 16. Subject: Councilmember Reports 24-13570
39. 39 FUTURE AGENDA ITEMS
40. 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.
41. 17. Subject: Upcoming Draft Agenda Items Report 25-13906
42. 42 ADJOURNMENT
43. 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.