APPROVED MINUTES
CUPERTINO CITY COUNCIL
Wednesday, September3, 2025
At 6:00p.m., Mayor Liang Chao called the Regular City Council Meeting to order in City Hall ConferenceRoom C, 10300Torre Avenue, Cupertino, CA 95014
ROLL CALL
Present: Mayor Liang Chao, Vice Mayor Kitty Moore, and Councilmembers J.R. Fruen, Sheila Mohan, and R “Ray” Wang. Absent: None.
In open session prior to closed session, Mayor Chao opened the public comment period regarding any item on the agenda. The following members of the public requested to speak.
Stanley Young, representing IFPTE Local 21/CEA
Mayor Chao closed the public comment period.
CLOSED SESSION
2. Subject: Conference with Labor Negotiators; California Government Code Section 54957.6 (Kristina Alfaro and Christopher Boucher)
Council met with Labor Negotiators.
At 6:38p.m., Mayor Chao recessedthe meeting.
At 6:48p.m., Mayor Chao reconvened the Regular City Council Meeting in open sessionand led the Pledge of Allegiance in the Cupertino Community Hall Council Chamber, 10350 Torre Avenue and via teleconference.
ROLL CALL
Present: Mayor Liang Chao, Vice Mayor Kitty Moore, and Councilmembers J.R. Fruen, Sheila Mohan, and R “Ray” Wang. Absent: None.
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Mayor Chao recognized the passing of former Councilmember and Mayor Hung Wei.
CLOSED SESSION REPORT
City Attorney Floy Andrews reported on the actions taken during the closedsessionheld at 6:00 p.m. City Attorney Andrews reported that there was no reportable action.
CEREMONIAL ITEMS
4. Subject: RecognizeSeptemberasChildhood CancerAwareness Month Recommended Action: RecognizeSeptemberasChildhood CancerAwareness Month Mayor Chao recognized Jacob’s Heart Children’s Cancer Support Servicesand Neev Kolte & Brave Ronil Foundation in conjunction with Septemberas Childhood Cancer Awareness Month.
5. Subject: RecognizeSeptemberasNational PreparednessMonth Recommended Action: Presentproclamation to Collaborating Agencies' Disaster Relief Effort ( CADRE) in conjunction with the recognition of September as National PreparednessMonth
Marsha Hovey, Executive Director, and Antonia Bradford, Volunteer Engagement Coordinator with CADRE, received the proclamation and provided comments.
Mayor Chao presented the proclamation to CADRE in conjunction with the recognition of SeptemberasNational PreparednessMonth.
PRESENTATIONS
6. Subject: Presentation on Copertino Sister City student delegation activities Recommended Action: Receive presentation on Copertino Sister City student delegation activities
Written communications for this item included a presentation.
Cupertino- Copertino SisterCity Association President Helene Davis gave a presentation.
Council received the presentation on Copertino Sister City student delegation activities.
POSTPONEMENTS AND ORDERS OF THE DAY
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7. Subject: Appeal of fee determination made by the City Collector for BusinessLicense renewal; public hearing pursuant to Cupertino Municipal Code ( CMC) Section
5.04.480(C); Appellant: Annie Lee; Business: Lee's Sandwiches; BusinessAddress: 20363 StevenCreek Blvd, Cupertino, CA 95014
Recommended Action: Postpone this item to the November 18, 2205 City Council meeting.
MOTION: Moore moved and Wang seconded to postpone this item to a date to be determined. The motion passed with the following vote: Ayes: Chao, Moore, Fruen, Mohan, and Wang. Noes: None. Abstain: None. Absent: None.
ORAL COMMUNICATIONS
Written communications for this item included emails to the Council.
The following members of the public spoke:
Ranjan discussedthe Mary Avenue Villas Project.
Jennifer Griffin discussed Senate Bill ( SB) 79 Housing development: transit-oriented development.
JoeHauser discussedthe Mary Avenue Villas Project.
Brian Avery discussedthe Mary Avenue Villas Project.
Luthern Williams representing Tessellations School discussed school operations, traffic, and safety.
JeanBedord discussedthe Mary Avenue Villas Project.
Nori discussedbicycle safety and rack placement in Memorial Park.
A resident discussedthe Mary Avenue Villas Project.
Lina discussedthe Mary Avenue Villas Project.
Housing Commissioner Connie Cunningham ( representing self) discussed the Mary Avenue Villas Project.
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Planning Commissioner SanRao (representing self) discussed the Garden Gate neighborhood, Glenbrook apartments, and affordable housing.
At 7:49 p.m., Mayor Chao recessedthe meeting. The meeting reconvened at 8:00 p.m. with all Councilmembers present.
CONSENT CALENDAR ( Items 8-15)
Mayor Chao opened the public comment period and, seeingno one, closedthe public comment period.
MOTION: Wang moved and Fruen seconded to approve the Consent Calendar. The motion passed with the following vote: Ayes: Chao, Moore, Fruen, Mohan, and Wang. Noes: None.
Abstain: None. Absent: None.
8. Subject: Approval of June17, 2025amended City Council minutes Recommended Action: Approve the June17, 2025amended City Council minutes
9. Subject: Approval of July 9, 2025City Council meeting minutes Recommended Action: Approve the July 9, 2025City Council meeting minutes
10. Subject: Approval of July 15, 2025City Council meeting minutes Recommended Action: Approve the July 15, 2025City Council meeting minutes
11. Subject: Approval of July 16, 2025City Council meeting minutes Recommended Action: Approve the July 16, 2025City Council meeting minutes
12. Subject: Ratifying Accounts Payablefor the periods ending July 18, 2025Recommended Action: Adopt Resolution No. 25-069ratifying Accounts Payable for the Period ending July 18, 2025
Written communications for this item included a desk item report with staff responses to councilmember questions and emails to the Council.
13. Subject: Consider amendments to the City Council SpecialProject Policy Recommended Action: Adopt Resolution No. 25-070approving the updated City Council SpecialProject Policy
14. Subject: Approve July 1, 2025, through June30, 2028, Memorandum of Understanding setting the salary and terms and conditions of employment for the Operating Engineers Local No. 3 Union, AFL-CIO ( OE3); Approve and update the salary and terms and City Council Minutes September 3, 2025
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conditions of employment for the Unrepresented ( Management and Confidential) Employees and Appointed Employees Compensation Programs; Approve and update the terms and conditions of employment for the Elected Officials.
Recommended Action: Adopt Resolution 25-071 amending the Memorandum of Understanding ( MOU) for the Operating Engineers Local No. 3 Union, AFL-CIO (OE3) basedon the attached tentative agreements; and
Approve the corresponding Salary Schedule for OE3 employees effective July 12, 2025; and
Adopt Resolution 25-072amending salary and terms and conditions of employment for the Unrepresented ( Management and Confidential) Employees and Appointed Employees Compensation Programs; and
Approve the corresponding Salary Schedules for Unrepresented and Appointed employees effective July 12, 2025; and
Adopt Resolution 25-073amending terms and conditions of employment for the Elected Officials’ Compensation Program; and
Adopt Resolution 25-074 to approve budget modification number 2526-405 increasing appropriations by $1,202,622ensuring that there are sufficient budget appropriations to cover the costsassociatedwith the negotiated contracts.
15. Subject: First Amendment to Affordable Housing Covenant and Restriction on SalePrice First Amendment”) and Substitution of Trustee and Full Reconveyancewith Trustor Consent (“Reconveyance”) with respect to the Nineteen800 project at 19800 Vallco Parkway (“Project”).
Recommended Action: 1. Approve both the First Amendment and Reconveyance provided herewith and authorize the City Manager to executethe documents and deliver them for recordation.
2. Authorize the City Attorney to make minor modifications to the First Amendment and Reconveyanceasdeemed necessaryto effectuate the intent of the parties.
PUBLIC HEARINGS
16. Subject: Introduce 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) RecommendedAction: That the City Council Conduct the first reading of Ordinance No. 25-2274 (Attachment A): “An Ordinance of the City Council of the City of Cupertino amending Municipal Code Chapters 19.08 (Definitions), and 19.112 (AccessoryDwelling Units) regarding AccessoryDwelling Units.”
Written communications for this item included a presentation and a desk item report with staff responsesto councilmember questions and emails to the Council.
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Senior Planner Gian Martire gave a presentation.
Councilmembers asked questions and made comments.
Mayor Chao opened the public hearing and the following members of the public spoke.
Jennifer Griffin
Planning Commissioner SanRao (representing self)
Mayor Chao closed the public hearing.
MOTION: Mohan moved and Fruen secondedto:
Conduct the first reading of Ordinance No. 25-2274 (Attachment A): “An Ordinance of the City Council of the City of Cupertino amending Municipal Code Chapters 19.08 Definitions), and 19.112 (Accessory Dwelling Units) regarding Accessory Dwelling Units,” with the amendment that the motion include the Planning Commission’s recommendation to remove the proposed design standard for Non-Streamlined ADUs in Table19.112.040(I)(a).
FRIENDLY AMENDMENT: Moore proposed a friendly amendment to request an informational memo on the useof ADU’s within the City and County, including whether they are rented to individuals for full- time use or used for occasionalfamily or hobby purposes, and any information on their effectiveness; and alsothat when this item returns for secondreading, staff clarify the issue of the maximum size of a detached ADU in a multi- family project, for example whether a 5,000square foot ADU could be permitted.
Councilmembers Fruen and Mohan acceptedthe friendly amendment).
The amended motion passed with the following vote: Ayes: Chao, Moore, Fruen, and Mohan. Noes: Wang. None. Abstain: None. Absent: None.
ACTION CALENDAR
17. Subject: Introduce 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.
Recommended Action: 1. Conduct first reading of Ordinance 25-2275: “An Ordinance of the City Council of the City of Cupertino Amending Title 11, Vehicles and Traffic, of the City of Cupertino Municipal Code Sections 11.24.130 (Prohibited for more than seventy-two hours), Section11.27.050 (Issuanceof permits to residents and members of designated groups), Section 11.28.010 (Definitions), and Section 11.28.020 (Parking of oversized vehicles restricted)”;
2. Request staff to report back to Council one year post implementation regarding City Council Minutes September 3, 2025
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impacts of new rules and possible suggestedrevisions;
3. Request staff to install oversized vehicle parking restriction signage in areas staff deems to be disproportionally impacted by oversized vehicle parking, including on Bandley Drive, Alves Drive and Saich Way, adjacent to the local Target store, and approve funding of $10,000for such signage;
4. Requeststaff to update the City’swebsite to allow residents to obtain parking permits for their oversized vehicles online.
5. Approve an additional $25,000for signageat City entrances. Staff will deploy the funds and install such signs once it determines that the new Ordinance is workable and effective; and
6. Find that the proposed actions are exempt from CEQA.
Written communications for this item included a presentation.
City Attorney Floy Andrews gave a presentation.
Councilmembers asked questions and made comments.
Interim City Manager Kapoor confirmed staff will provide informational updates on implementation, enforcement, and resource needs, including parking program enforcement, program impacts, RV driver behavior, and potential outreach options.
Mayor Chao opened the public comment period and the following membersof the public spoke.
Planning Commissioner SanRao (representing self)
Mayor Chao closed the public comment period.
MOTION: Wang moved and Moore secondedto:
1. Conduct first reading of Ordinance 25-2275: “An Ordinance of the City Council of the City of Cupertino Amending Title 11, Vehicles and Traffic, of the City of Cupertino Municipal Code Sections11.24.130 (Prohibited for more than seventy- two hours), Section 11.27.050 (Issuanceof permits to residents and members of designated groups), Section11.28.010 (Definitions), and Section11.28.020 (Parking of oversized vehiclesrestricted)”;
2. Requeststaff to report back to Council one year post implementation regarding impacts of new rules and possiblesuggestedrevisions;
3. Requeststaff to install oversized vehicle parking restriction signagein areasstaff deemsto bedisproportionally impacted by oversized vehicle parking, including on Bandley Drive, Alves Drive and SaichWay, adjacentto the local Target store, and City Council Minutes September 3, 2025
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approve funding of $10,000for such signage;
4. Request staff to update the City’s website to allow residents to obtain parking permits for their oversized vehiclesonline.
5. Approve an additional $ 25,000for signageat City entrances. Staff will deploy the funds and install such signsonceit determines that the new Ordinance is workable and effective; and
6. Find that the proposed actionsare exempt from CEQA.
FRIENDLY AMENDMENT: Fruen madeafriendly amendment for staff to comebackwith an outreach program to connect people with servicesto the extent that they’re willing.
Wang and Moore acceptedthe friendly amendment).
The amended motion passedwith the following vote: Ayes: Chao, Moore, Fruen, Mohan, and Wang. Noes: None. Abstain: None. Absent: None.
At 9:34 p.m., Mayor Chao recessedthe meeting. The meeting reconvened at 9:40 p.m. with all Councilmembers present.
18. Subject: Acceptanceof the StevensCreek Boulevard Corridor Vision Study (Continued from July 15, 2025)
Recommended Action: Adopt Resolution No. 25-075 accepting the Stevens Creek Boulevard Corridor Vision Study, including the additional qualifications recommended by the Cupertino Bicycle Pedestrian Commission and Planning Commission, and directing City staff to work through the multijurisdictional working group and Steering Committee to further assess the Study's recommendations and opportunities for implementation.
Written communications for this item included a presentation and emails to the Council.
Transportation Manager David Stillman and Transit and Transportation Planner Matt Schroedergave a presentation.
Councilmembers asked questions and made comments.
Mayor Chao opened the public comment period and the following membersof the public spoke.
Jennifer Griffin
Elise Lester, representing SanJoseCouncilmember Rosemary Kamei and City of Santa Clara Vice Mayor Kelly Cox
BeckPoltronetti
Nathan Schober
Alex Richardson
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Harry Neil
Emily Chang, representing Zero Waste Club at De Anza
Amanda Flores, representing West Valley Community Services Betsy Megas on behalf of Bicycle Pedestrian Committee for the Cities of SantaClara and for Valley Transportation Authority ( VTA)
Planning Commissioner SanR (representing self)
Evann Tu
Lisa Warren
Jordan
Planning Commissioner SeemaLindskog ( representing self) Alvin Yang
Parks and RecreationCommissioner Carol Stanek (representing self) Mayor Chao closed the public comment period.
MOTION: Wang moved to extend the meeting until 11:30 p.m. to consider all remaining items.
There was no secondand the item was not considered.
MOTION: Fruen moved and Mohan seconded to extend Item 18 until 11:15 p.m. The Council did not vote on this item.
SUBSTITUTEMOTION: Chao moved and Wang seconded to extend the meeting until 11:30 p.m. to consider Items 18 and 19. The motion passed with the following vote: Ayes: Chao, Moore, and Wang. Noes: Fruen and Mohan. Abstain: None. Absent: None.
MOTION: Chao moved and Wang secondedfor staff to bring back a revised resolution that integrates the points in the slide shared by the Vice Mayor with the Mayor' s draft resolution, and the Vice Mayor is authorized to convey the messagesincluded in this motion to the steering committee in caseit meetsbefore the revised resolution is formally adopted, with the study ultimately adopted under those conditions.
Vice Mayor’s slide points:
Options: modify the Resolution and bring it back to Council or accept a modified Resolution in the Agenda Packet
Accept the SCCVision Study conditionally.
Acknowledge our wish to work collaboratively on data-driven, fiscally responsible infrastructure
Recognizeall of the planning and implementation staff, especiallyPublic Works has already done making Cupertino the leader in the corridor for safety and multi- modal transit.
Cupertino's support for future implementation efforts will be conditioned on:
1. Inclusion of a comprehensiveregional travel demand and needsanalysis; City Council Minutes September 3, 2025
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2. Completion of acost-benefit analysis, including local fiscalimpacts for any high- capacity transit proposal;
3. Review of future transportation technologies ( e.g., autonomous vehicles, microtransit);
4. Consideration of Cupertino's existing flexible, unconstrained transit ecosystem;
5. Preservationof Cupertino' s corridor investments;
6. Full City Council review and approval of any implementation stepsinvolving infrastructure or land usechanges.
Clarify that nothing in this resolution shall be construed to expresssupport for any specific infrastructure alignment, mode, or funding plan without the above conditions being met and subsequentCouncil review.
The motion passed with the following vote: Ayes: Chao, Moore, Mohan, and Wang.
Noes: Fruen. Abstain: None. Absent: None.
STUDY SESSION
19. Subject: Options on Commission Oversight of Transportation Matters Recommended Action: Provide input to staff on the preferred options for having transportation projects reviewed by commissions and provide direction to staff to take the necessarystepsto implement the changes.
Written communications for this item included a presentation and emails to the Council.
Public Works Director Chad Mosley and Transportation Manager David Stillman gave a presentation.
MOTION: Chao moved and Wang seconded to suspend the rules and extend the meeting to 11:40 p.m. The motion passedwith the following vote: Ayes: Chao, Moore, and Wang. Noes:
Fruen and Mohan. Abstain: None. Absent: None.
Mayor Chao opened the public comment period and the following membersof the public spoke.
Jennifer Griffin
BeckPoltronetti
Ishan Khosla
Planning Commissioner SanR (representing self)
Betsy Megas
Parks and RecreationCommission Carol Stanek (representing self) JohnZhao
Henry Widjaja
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Planning Commissioner SeemaLindskog ( representing self) Bicycle Pedestrian Commissioner Herve Marcy (representing self) Michael Wang
Louis Saadati
Mayor Chao closed the public comment period.
Council continued consideration of this item to the next meeting, and the public comment period on this matter will remain closed.
ADJOURNMENT
24. Subject: Adjourn in memory of former Mayor and City Councilmember Hung Wei At 11:43 p.m., Mayor Chao adjourned the Regular City Council Meeting in memory of former Mayor and City Councilmember Hung Wei. There was no further discussion on the remaining items.
ITEMS REMOVED FROM THE CONSENT CALENDAR – None
CITY MANAGER REPORT
20. Subject: City Manager Report
Interim City Manager Tina Kapoor reported on recent highlights and upcoming events asprovided in the published agenda.
ORAL COMMUNICATIONS - CONTINUED – None
COUNCILMEMBER REPORTS
21. Subject: Councilmember Reports
Councilmembers reported on their various committees and events as provided in the published agenda.
FUTURE AGENDA ITEMS
Council did not hear this item.
As noted under Item 16, an informational memo was requested on the use of ADU’s within the City Council Minutes September 3, 2025
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City and County, including whether they are rented to individuals for full- time use or used for occasional family or hobby purposes, and any information on their effectiveness. Under Item 17, informational updates will be provided on implementation, enforcement, and resource needs, including parking program enforcement, program impacts, RV driver behavior, and potential outreach options.
22. Subject: Upcoming Draft Agenda Items Report
A tentative council meeting agenda calendar was provided in the published agenda.
Minutes prepared by:
Kirsten Squarcia, City Clerk