In new buildings of combustible construction where, automatic fire sprinkler systems are required to be installed, the system shall be placed in service as soon as possible.
Immediately upon the completion of sprinkler pipe installation on each floor level, the piping shall be hydrostatically tested and inspected. After inspection approval from the Fire department, each floor level of sprinkler piping shall be connected to the system supply riser and placed into service with all sprinkler heads uncovered. Protective caps may be installed on the active sprinklers during the installation of drywall, texturing and painting, but shall be removed immediately after this work is completed. For system activation notification, an exterior audible waterflow alarm shall be installed and connected to the sprinkler waterflow device prior to installation of the monitoring system.
For buildings equipped with fire sprinkler systems that are undergoing alterations, the sprinkler system(s) shall remain in service at all times except when system modifications are necessary. Fire sprinkler systems undergoing modifications shall be returned to service at the end of each workday unless otherwise approved by the fire department. The General contractor or his/her designee shall check the sprinkler control valve(s) at the end of each workday to confirm that the system has been restored to service.
16.40.180 Chapter 41 – Temporary Heating and Cooking Operations.
Amend Section 4103.1 of the 2025 California Fire Code to read as follows:
4103.1 Portable unvented heaters. Portable unvented fuel-fired heating equipment shall be prohibited in occupancies in Groups A, B, E, I, R-1, R-2, R2.1, R2.2, R-3, R3.1 and R-4 and ambulatory care facilities.
Exceptions:
1. Portable unvented fuel-fired heaters listed and labeled in accordance with UL 647 are permitted to be used in one and two-family dwellings, where operated and maintained in accordance with the manufacturer’s instructions.
2. Portable outdoor gas-fired heating appliances in accordance with Section 4103.1.2.
Amend Section 4103.1.2.1.1 of the 2025 California Fire Code to read as follows:
4103.1.2.1.1 Prohibited locations. The storage or use of portable outdoor gas-fired heating appliances is prohibited in any of the following locations:
1. Inside of any occupancy where connected to the fuel gas container.
2. Inside of tents, canopies and membrane structures.
3. On exterior balconies, and rooftops.
Add Section 4106 to the 2025 California Fire Code to read as follows:
483
CC 05-05-2026 Searchable Packet
483 of 650
Ordinance No. 26-2281
Section 4106 Immersion Heaters
Section 4106.1 Immersion Heaters. All electrical immersion heaters used in dip tanks, sinks, vats and similar operations shall be provided with approved over-temperature controls and low liquid level electrical disconnects. Manual reset of required protection devices shall be provided.
16.40.200 Chapter 50 - Hazardous Materials – General Provisions.
Amend Section 5001.2.2.2 of the 2025 California Fire Code to read as follows:
5001.2.2.2 Health Hazards The material categories listed in this section are classified as health hazards. A material with a primary classification as a health hazard can also pose a physical hazard.
1. Highly toxic and toxic materials.
2. Corrosive materials.
3. Moderately toxic gas.
4. Other health hazards.
Add Section 5001.5.3 to the 2025 California Fire Code to read as follows:
5001.5.3 Hazardous materials business plan (HMBP). Where required by the fire code official, facilities shall submit a Hazardous Materials Business Plan (HMBP) as required by California Health & Safety Code (HSC), Chapter 6.95, Sections 25500 through 25545, and Title 19, Division 2, Chapter 4. He HMBP shall be electronically submitted in accordance with the fire code official’s requested timeframe and no less frequently than is required by the HSC.
Amend Section 5002.1 of the 2025 California Fire Code to read as follows:
5002.1 Definitions. The following terms are defined in Chapter 2:
BOILING POINT.
CEILING LIMIT.
CHEMICAL.
CHEMICAL NAME.
CLOSED CONTAINER.
CONTAINER.
484
CC 05-05-2026 Searchable Packet
484 of 650
Ordinance No. 26-2281
CONTROL AREA.
CORROSIVE LIQUIDS
CYLINDER.
DAY BOX.
DEFLAGRATION.
DESIGN PRESSURE.
DETACHED BUILDING.
DISPENSING.
EXCESS FLOW CONTROL.
EXHAUSTED ENCLOSURE.
EXPLOSION.
FLAMMABLE VAPORS OR FUMES.
GAS CABINET.
GAS ROOM.
HANDLING.
HAZARDOUS MATERIALS.
HEALTH HAZARD.
HEALTH HAZARD – OTHER.
IMMEDIATELY DANGEROUS TO LIFE AND HEALTH (IDLH).
INCOMPATIBLE MATERIALS.
LIQUID.
LOWER EXPLOSIVE LIMIT (LEL).
LOWER FLAMMABLE LIMIT (LFL).
MAXIMUM ALLOWABLE QUANTITY PER CONTROL AREA.
MODERATELY TOXIC GAS.
NORMAL TEMPERATURE AND PRESSURE (NTP).
OUTDOOR CONTROL AREA.
PERMISSIBLE EXPOSURE LIMIT (PEL).
PESTICIDE.
PHYSICAL HAZARD.
PRESSURE VESSEL.
SAFETY CAN.
SAFETY DATA SHEET (SDS).
SECONDARY CONTAINMENT.
SEGREGATED.
SOLID.
SPILL CONTROL.
STORAGE, HAZARDOUS MATERIALS.
SYSTEM.
485
CC 05-05-2026 Searchable Packet
485 of 650
Ordinance No. 26-2281
TANK, ATMOSPHERIC.
TANK, PORTABLE.
TANK, STATIONARY.
TANK VEHICLE.
UNAUTHORIZED DISCHARGE.
USE (MATERIAL).
VAPOR PRESSURE.
Add Section 5003.1.3.1 to the 2025 California Fire Code to read as follows:
5003.1.3.1 Highly Toxic, Toxic, Moderately Toxic Gases and Similarly Used or Handled Materials. The storage, use and handling of highly toxic, toxic and moderately toxic gases in amounts exceeding Table 6004.2.1.4 shall be in accordance with this chapter and Chapter
60. Any toxic, highly toxic or moderately toxic material that is used or handled as a gas or vapor shall be in accordance with the requirements for toxic, highly toxic or moderately toxic gases.
Add Section 5003.1.5 to the 2025 California Fire Code to read as follows:
5003.1.5 Other Health Hazards. The storage, use and handling of materials classified as other health hazards including carcinogens, irritants and sensitizers in amounts exceeding 810 cubic feet for gases, 55 gallons for liquids and 5,000 pounds for solids shall be in accordance with this Section 5003.
Add Section 5003.1.6 to the 2025 California Fire Code to read as follows:
5003.1.6 Additional Spill Control and Secondary Containment Requirements. In addition to the requirements set forth in Section 5004.2, an approved containment system is required for any quantity of hazardous materials, that are liquids or solids at normal temperature, and pressure (NTP) where a spill is determined to be a plausible event and where such an event would endanger people, property or the environment. The approved containment system may be required to include a combination of spill control and secondary containment meeting the design and construction requirements set forth in Section 5004.2.
Amend Section 5003.2.2.1 of the 2025 California Fire Code to read as follows:
5003.2.2.1 Design and Construction. Piping, tubing, valves, fittings and related components used for hazardous materials shall be in accordance with the following:
486
CC 05-05-2026 Searchable Packet
486 of 650
Ordinance No. 26-2281
1. Piping, tubing, valves, fittings and related components shall be designed and fabricated from materials that are compatible with the material to be contained and shall be of adequate strength and durability to withstand the pressure, structural and seismic stress, and exposure to which they are subject.
2. Piping and tubing shall be identified in accordance with ASME A13.1 and the Santa Clara County Fire Chiefs Marking Requirements and Guidelines for Hazardous Materials and Hazardous Waste to indicate the material conveyed.
3. Manual valves or automatic remotely activated fail-safe emergency shutoff valves shall be installed on supply piping and tubing and provided with ready access at the following locations:
3.1.The point of use.
3.2.The tank, cylinder or bulk source.
4. Manual emergency shutoff valves and controls for remotely activated emergency shutoff valves shall be identified and the location shall be clearly visible, accessible and indicated by means of a sign.
5. Backflow prevention or check valves shall be provided where the backflow of hazardous materials could create a hazardous condition or cause the unauthorized discharge of hazardous materials.
6. Where gases or liquids having a hazard ranking of:
Health hazard Class 3 or 4
Flammability Class 4
Reactivity Class 4
In accordance with NFPA 704 are carried in pressurized piping above 15 pounds per square inch gauge (psig) (103 Kpa), an approved means of leak detection and emergency shutoff or excess flow control shall be provided. Where the piping originates from within a hazardous material storage room or area, the excess flow control shall be located within the storage room or area. Where the piping originates from a bulk source, the excess flow control shall be located as close to the bulk source as practical.
Exceptions:
1. Piping for inlet connections designed to prevent backflow.
2. Piping for pressure relief devices.
7. Secondary containment or equivalent protection from spills or leaks shall be provided for piping for liquid hazardous materials and for highly toxic and toxic corrosive gases above threshold quantities listed in Tables 6004.2.1.4. Secondary containment, or secondary, containment, or equivalent protection from spills or leaks 487
CC 05-05-2026 Searchable Packet
487 of 650
Ordinance No. 26-2281
shall be provided for liquid hazardous materials and highly toxic corrosive gases above threshold quantities listed in Tables 6004. Secondary containment includes but is not limited to double-walled piping.
Exceptions:
1. Secondary containment is not required for toxic corrosive gases if the piping is constructed of inert materials.
2. Piping under sub-atmospheric conditions if the piping is equipped with an alarm and fail-safe-to-close valve activated by a loss of vacuum.
8. Expansion chambers shall be provided between valves whenever the regulated gas may be subjected to thermal expansion. Chambers shall be sized to provide protection for piping and instrumentation and to accommodate the expansion of regulated materials.
Amend Section 5003.2.2.2 of the 2025 California Fire Code to read as follows:
5003.2.2.2 Additional Regulation for Supply Piping for Health Hazard Materials. Supply piping and tubing for gases and liquids having a health hazard ranking of 3 or 4 shall be in accordance with ASME B31.3 and the following:
1. Piping and tubing utilized for the transmission of toxic, highly toxic, or highly volatile corrosive liquids and gases shall have welded or brazed connections throughout except for connections within an exhausted enclosure if the material is a gas, or an approved method of drainage or containment is provided for connections if the material is a liquid.
2. Piping and tubing shall not be located within corridors, within any portion of a means of egress required to be enclosed in fire-resistance-rated construction or in concealed spaces in areas not classified as Group H Occupancies.
3. All primary piping for toxic, highly toxic and moderately toxic gases shall pass a helium leak test of 1x10-9 cubic centimeters/second where practical, or shall pass testing in accordance with an approved, nationally recognized standard. Tests shall be conducted by a qualified "third party" not involved with the construction of the piping and control systems.
Exception: Piping and tubing within the space defined by the walls of corridors and the floor or roof above or in concealed space above other occupancies when installed in accordance with Section 415.11 of the California Building Code for H-5 Occupancies.
Add Section 5003.5.2 to the 2025 California Fire Code to read as follows:
488
CC 05-05-2026 Searchable Packet
488 of 650
Ordinance No. 26-2281
5003.5.2 Ventilation Ducting. Ducts venting hazardous materials operations shall be labeled with the hazard class of the material being vented and the direction of flow.
Add Section 5003.5.3 to the 2025 California Fire Code to read as follows:
5003.5.3 "H" Occupancies. In "H" occupancies, all piping and tubing may be required to be identified when there is any possibility of confusion with hazardous materials transport tubing or piping. Flow direction indicators are required.
Amend Section 5003.10.4 of the 2025 California Fire Code to read as follows:
5003.10.4 Elevators utilized to transport hazardous materials. 5003.10.4.1 When transporting hazardous materials, elevators shall have no other passengers other than in the individual(s) handling the chemical transport cart. 5003.10.4.1.1 When transporting cryogenic or liquefied compressed gases, there shall be no occupants in the elevator.
5003.10.4.2 Hazardous materials liquid containers shall have a maximum capacity of 20 liters (5.28 gal).
5003.10.4.3 Toxic, moderately toxic and highly toxic gases shall be limited to a container of a maximum water capacity of 1 lb.
5003.10.4.4 When transporting cryogenic or liquefied compressed gases means shall be provided to prevent the elevator from being summoned to other floors.
Amend Section 5004.2.1 of the 2025 California Fire Code to read as follows:
5004.2.1 Spill control for hazardous material liquids. Rooms, buildings or areas used for storage of hazardous material liquids shall be provided with spill control to prevent the flow of liquids to adjoining areas. Floors in indoor locations and similar surfaces in outdoor locations shall be constructed to contain a spill from the largest single vessel by one of the following methods:
1. Liquid-tight sloped or recessed floors in indoor locations or similar areas in outdoor locations.
2. Liquid-tight floors in indoor and outdoor locations or similar areas provided with liquid-tight raised or recessed sills or dikes.
489
CC 05-05-2026 Searchable Packet
489 of 650
Ordinance No. 26-2281
3. Sumps and collection systems, including containment pallets in accordance with Section 5004.2.3.
4. Other approved engineered systems
Except for surfacing, the floors, sills, dikes, sumps and collection systems shall be constructed of noncombustible material, and the liquid-tight seal shall be compatible with the material stored. When liquid-tight sills or dikes are provided, they are not required at perimeter openings having an open-grate trench across the opening that connects to an approved collection system.
Amend Section 5004.2.2.2 of the 2025 California Fire Code to read as follows:
5004.2.2.2 Incompatible Materials. Incompatible materials shall be separated from each other in independent secondary containment systems.
16.40.220 Chapter 54 – Corrosive Materials.
Amend Section 5402.1 of the 2025 California Fire Code to read as follows:
5402.1 Definitions. The following terms are defined in Chapter 2:
CORROSIVE.
CORROSIVE LIQUIDS.
16.40.240 Chapter 56 - General – Explosives and Fireworks.
Amend Section 5601.1.3 of the 2025 California Fire Code to read as follows:
5601.1.3 Fireworks. The possession, manufacture, storage, sale, handling, and use of fireworks, including those fireworks classified as Safe and Sane by the California State Fire Marshal, are prohibited.
Exception(s):
1. Storage and handling of fireworks as allowed in Section 5604.
2. The use of fireworks for fireworks displays pyrotechnics before a proximate audience and pyrotechnic special effects in motion pictures, television, theatrical or group entertainment productions as allowed in
Title 19, Division 1, Chapter 6 Fireworks reprinted in Section 5608 and health and Safety Code Division 11.
490
CC 05-05-2026 Searchable Packet
490 of 650
Ordinance No. 26-2281
16.40.260 Chapter 57 – Flammable and Combustible Liquids.
Amend section 5704.2.7.5.8 of the 2025 California Fire Code to read as follows:
5704.2.7.5.8 Overfill Prevention. An approved means or method in accordance with Section 5704.2.9.7.5 shall be provided to prevent the overfill of all Class I, II and IIIA liquid storage tanks. Storage tanks in refineries, bulk plants or terminals regulated by Sections 5706.4 or 5706.7 shall have overfill protection in accordance with API 2350.
Exception: Outside aboveground tanks with a capacity of 1320 gallons (5000 L) or less need only comply with Section 5704.2.9.7.5 (Item 1, Sub-item 1.1).
An approved means or method in accordance with Section 5704.2.9.7.5 shall be provided to prevent the overfilling of Class IIIB liquid storage tanks connected to fuel-burning equipment inside buildings.
Exception: Outside aboveground tanks with a capacity of 1320 gallons (5000 L) or less need only comply with Section 5704.2.9.7.5 (Item 1, Sub-item 1.1).
Add Section 5704.2.7.5.9 to the 2025 California Fire Code to read as follows:
5704.2.7.5.9 Automatic and/or Remote Filling of Tanks. Systems that automatically fill flammable or combustible liquid tanks shall be equipped with overfill protection, approved by the fire code official, that sends an alarm signal to a constantly attended location and immediately stops the filling of the tank. The alarm signal and automatic shutoff shall be tested on an annual basis and records of such testing shall be maintained on-site for a period of five (5) years.
Amend Section 5704.2.9.6.1 of the 2025 California Fire Code as follows:
5704.2.9.6.1 Locations where above-ground tanks are prohibited. Storage of Class I and II liquids in above-ground tanks outside of buildings is prohibited in all locations of the City of Cupertino which are residential or congested commercial areas as determined by the fire code official.
Amend Section 5706.2.4.4 of the 2025 California Fire Code as follows:
5706.2.4.4 Locations where above-ground tanks are prohibited. Storage of Class I and II liquids in above-ground tanks outside of buildings is prohibited in all locations of the City of Cupertino which are residential or congested commercial areas as determined by the 491
CC 05-05-2026 Searchable Packet
491 of 650
Ordinance No. 26-2281
fire code official.
16.40.280 Chapter 58 - Flammable Gases and Flammable Cryogenic Fluids.
Amend Section 5806.2 of the 2025 California Fire Code to read as follows:
5806.2 Limitations. Storage of flammable cryogenic fluids in stationary containers outside of buildings is prohibited in all locations of the City of Cupertino which are residential or congested commercial areas as determined by the fire code official.
16.40.300 Chapter 60 – Highly Toxic and Toxic Materials.
Amend Chapter 60 of the 2025 California Fire Code to read as follows:
Chapter 60 title is amended to read as follows:
Chapter 60 Highly Toxic Material, Toxic Materials, and Moderately Toxic Gases Amend Section 6001.1 of the 2025 California Fire Code to read as follows:
6001.1 Scope. The storage and use of highly toxic, toxic and/or moderately toxic materials shall comply with this chapter. Compressed gases shall also comply with Chapter 53.
Exceptions:
1. Display and storage in Group M and storage in Group S occupancies complying with Section 5003.1 1.
2. Conditions involving pesticides or agricultural products as follows:
2.1 Application and release of pesticide, agricultural products and materials intended for use in weed abatement, erosion control, soil amendment or similar applications when applied in accordance with the manufacturer’ s instruction and label directions.
2.2 Transportation of pesticides in compliance with the Federal Hazardous Materials Transportation Act and regulations thereunder.
2.3 Storage in dwellings or private garages of pesticides registered by the U.S.
Environ- mental Protection Agency to be utilized in and around the home, garden, pool, spa and patio.
Amend Section 6002.1 of the 2025 California Fire Code to read as follows:
492
CC 05-05-2026 Searchable Packet
492 of 650
Ordinance No. 26-2281
Section 6002.1 Definitions.
The following terms are defined in Chapter 2:
CONTAINMENT SYSTEM.
CONTAINMENT VESSEL.
EXCESS FLOW VALVE.
HIGHLY TOXIC.
MODERATELY TOXIC GAS.
OZONE-GAS GENERATOR.
PHYSIOLOGICAL WARNING THERESHOLD.
REDUCED FLOW VALVE.
TOXIC.
Amend Section 6004 of the 2025 California Fire Code to read as follows:
Section 6004 Highly Toxic, Moderately Toxic, And Toxic Compressed Gases Amend Section 6004.1 of the 2025 California Fire Code to read as follows:
6004.1 General. The storage and use of highly toxic, toxic, and moderately toxic compressed gases shall comply with this section.
Amend Section 6004.1.1 of the 2025 California Fire Code to read as follows:
6004.1.1 Special limitations for indoor storage and use by occupancy. The indoor storage and use of highly toxic, toxic and moderately toxic compressed gases in certain occupancies shall be subject to the limitations contained in Sections 6004.1.1.1 through 6004.1.1.3.
6004.1.1.1 Group A, E, I or U occupancies. Highly toxic, toxic and moderately toxic compressed gases shall not be stored or used within Group A, E, I or U occupancies.
Exception: Cylinders not exceeding 20 cubic feet (0.556m3) at normal temperature and pressure (NTP) are allowed within gas cabinets or fume hoods. 6004.1.1.2 Group R occupancies. Highly toxic, toxic and moderately toxic compressed gases shall not be stored or used in Group R occupancies. 6004.1.1.3 Offices, retail sales and classrooms. Highly toxic, toxic and moderately toxic compressed gases shall not be stored or used in offices, retail sales or classroom portions of Group B, F, M or S occupancies.
493
CC 05-05-2026 Searchable Packet
493 of 650
Ordinance No. 26-2281
Exception: In classrooms of Group B occupancies, cylinders with a capacity not exceeding 20 cubic feet (0.566 m3) at NTP are allowed in gas cabinets or fume hoods.
Amend Section 6004.2 of the 2025 California Fire Code to read as follows:
6004.2 Indoor Storage and Use. The indoor storage or use of highly toxic, toxic or moderately toxic compressed gases shall be in accordance with Sections 6004.2.1 through 6004.2.2.10.3.
Amend Section 6004.2.1 of the 2025 California Fire Code to read as follows:
6004.2.1 Applicability. The applicability of regulations governing the indoor storage and use of highly toxic, toxic, and moderately toxic compressed gases shall be as set forth in Sections 6004.2.1.1 through 6004.2.1.4.
Add Section 6004.2.1.4 to the 2025 California Fire Code to read as follows:
6004.2.1.4 Quantities exceeding the minimum threshold quantities, but not exceeding the maximum allowable quantities per control area. The indoor storage or use of highly toxic, toxic and moderately toxic gases in amounts not exceeding the minimum threshold quantities per control area set forth in Table 6004.2.1.4 but not exceeding maximum allowable quantity per control area set forth in Table 5003.1.1(2) shall be in accordance with Sections 5001, 5003, 6001, and 6004.1 and 6004.4.
Add Table 6004.2.1.4 to the 2025 California Fire Code to read as follows:
Minimum Threshold Quantities for Highly Toxic, Toxic and Moderately Toxic Gases for Indoor Storage and Use
Highly Toxic 20
Toxic 405 cubic feet
Moderately Toxic 405 cubic feet
Add Section 6004.4 to the 2025 California Fire Code to read as follows:
6004.4 General indoor requirements. The general requirements applicable to the indoor storage and use of highly toxic, toxic and moderately toxic compressed gases shall be in accordance with Sections 6004.4 through 6004.4.8.2.
494
CC 05-05-2026 Searchable Packet
494 of 650
Ordinance No. 26-2281
Add Section 6004.4.1 to the 2025 California Fire Code to read as follows:
6004.4.1 Cylinder and tank location. Cylinders shall be located within gas cabinets, exhausted enclosures or gas rooms. Portable and stationary tanks shall be located within gas rooms or exhausted enclosures.
Exceptions:
1. Where a gas detection system is provided in accordance with 6004.4.8.
Add Section 6004.4.2 to the 2025 California Fire Code to read as follows:
6004.4.2. Ventilated areas. The room or area in which gas cabinets or exhausted enclosures are located shall be provided with exhaust ventilation. Gas cabinets or exhausted enclosures shall not be used as the sole means of exhaust for any room or area.
Add Section 6004.4.3 to the 2025 California Fire Code to read as follows:
6004.4.3. Piping and controls. In addition to the requirements of Section 5003.2.2, piping and controls on stationary tanks, portable tanks, and cylinders shall comply with the following requirements:
1. Stationary tanks, portable tanks, and cylinders in use shall be provided with a means of excess flow control on all tank and cylinder inlet or outlet connections.
Exceptions:
1. Inlet connections designed to prevent backflow.
2. Pressure relief devices.
Add Section 6004.4.4 to the 2025 California Fire Code to read as follows:
6004.4.4 Gas rooms. Gas rooms shall comply with Section 5003.8.4 and both of the following requirements:
1. The exhaust ventilation from gas rooms shall be directed to an exhaust system.
2. Gas rooms shall be equipped with an approved automatic sprinkler system.
Alternative fire- extinguishing systems shall not be used.
Add Section 6004.4.5 to the 2025 California Fire Code to read as follows:
6004.4.5 Treatment systems. The exhaust ventilation from gas cabinets, exhausted enclosures and gas rooms, required in Section 6004.4.1 shall be directed to a treatment system. The treatment system shall be utilized to handle the accidental release of gas and 495
CC 05-05-2026 Searchable Packet
495 of 650
Ordinance No. 26-2281
to process exhaust ventilation. The treatment system shall be designed in accordance with Sections 6004.2.2.7.1 through 6004.2.2.7.5 and Chapter 5 of the California Mechanical Code.
Exceptions:
1. Highly toxic, toxic, and moderately toxic gases—storage. A treatment system is not required for cylinders, containers and tanks in storage where all of the following controls are provided:
1.1 Valve outlets are equipped with gas- tight outlet plugs or caps.
1.2 Hand wheel-operated valves have handles secured to prevent movement.
1.3 Approved containment vessels or containment systems are provided in accordance with Section 6004.2.2.3.
2. Highly toxic, toxic, and moderately toxic gases —use. Treatment systems are not required for highly toxic, toxic, and moderately toxic gases supplied by stationary tanks, portable tanks, or cylinders where a gas detection system complying with Section 6004.4.8 and listed or approved automatic-closing fail- safe valves are provided. The gas detection system shall have a sensing interval not exceeding 5 minutes. Automatic-closing fail- safe valves shall be located immediately adjacent to cylinder valves and shall close when gas is detected at the permissible exposure limit (PEL) by a gas sensor monitoring the exhaust system at the point of discharge from the gas cabinet, exhausted enclosure, ventilated enclosure or gas room.
Add Section 6004.4.5.1 to the 2025 California Fire Code to read as follows:
6004.4.5.1. Design. Treatment systems shall be capable of diluting, absorbing, containing, neutralizing, burning or otherwise processing the contents of the largest single vessel of compressed gas. Where a total containment system is used, the system shall be designed to handle the maximum anticipated pressure of release to the system when it reaches equilibrium.
Add Section 6004.4.5.2 to the 2025 California Fire Code to read as follows:
6004.4.5.2. Performance. Treatment systems shall be designed to reduce the maximum allowable dis- charge concentrations of the gas to one-half immediate by dangerous to life and health (IDLH) at the point of discharge to the atmosphere. Where more than one gas is emitted to the treatment system, the treatment system shall be designed to handle the worst-case release based on the release rate, the quantity and the IDLH for all compressed gases stored or used.
Add Section 6004.4.5.3 to the 2025 California Fire Code to read as follows:
496
CC 05-05-2026 Searchable Packet
496 of 650
Ordinance No. 26-2281
6004.4.5.3. Sizing. Treatment systems shall be sized to process the maximum worst-case release of gas based on the maximum flow rate of release from the largest vessel utilized.
The entire contents of the largest compressed gas vessel shall be considered.
Add Section 6004.4.5.4 to the 2025 California Fire Code to read as follows:
6004.4.5.4 Stationary tanks. Stationary tanks shall be labeled with the maximum rate of release for the compressed gas contained based on valves or fittings that are inserted directly into the tank. Where multiple valves or fittings are provided, the maximum flow rate of release for valves or fittings with the highest flow rate shall be indicated. Where liquefied compressed gases are in contact with valves or fittings, the liquid flow rate shall be utilized for computation purposes. Flow rates indicated on the label shall be converted to cubic feet per minute (cfm/min) (m3/s) of gas at normal temperature and pressure (NTP).
Add Section 6004.4.5.5 to the 2025 California Fire Code to read as follows:
6004.4.5.5 Portable tanks and cylinders. The maximum flow rate of release for portable tanks and cylinders shall be calculated based on the total release from the cylinder or tank within the time specified in Table 6004.2.2.7.5. Where portable tanks or cylinders are equipped with approved excess flow or reduced flow valves, the worst-case release shall be determined by the maximum achievable flow from the valve as determined by the valve manufacturer or compressed gas supplier. Reduced flow and excess flow valves shall be permanently marked by the valve manufacturer to indicate the maximum design flow rate. Such markings shall indicate the flow rate for air under normal temperature and pressure.
Add Section 6004.4.6 to the 2025 California Fire Code to read as follows:
6004.4.6. Emergency power. Emergency power shall be provided for the following systems in accordance with Section 1203:
1. Exhaust ventilation system.
2. Treatment system.
3. Gas detection system.
4. Smoke detection system.
Add Section 6004.4.6.1 to the 2025 California Fire Code to read as follows:
497
CC 05-05-2026 Searchable Packet
497 of 650
Ordinance No. 26-2281
6004.4.6.1. Fail-safe systems. Emergency power shall not be required for mechanical exhaust ventilation and treatment systems where approved fail-safe systems are installed and designed to stop gas flow.
Add Section 6004.4.7 to the 2025 California Fire Code to read as follows:
6004.4.7 Automatic fire detection system. An approved automatic fire detection system shall be installed in rooms or areas where highly toxic, toxic, and moderately toxic compressed gases are stored or used. Activation of the detection system shall sound a local alarm. The fire detection system shall comply with Section 907.
Add Section 6004.4.8 to the 2025 California Fire Code to read as follows:
6004.4.8. Gas detection system. A gas detection system complying with Section 916 shall be provided to detect the presence of gas at or below the PEL or ceiling limit of the gas for which detection is provided.
Exceptions:
1. A gas detection system is not required for toxic and moderately toxic gases when the physiological warning threshold level for the gas is at a level below the accepted PEL for the gas.
2. A gas detection system is not required for highly toxic, toxic, and moderately toxic gases where cylinders, portable tanks, and all non-continuously welded connections are within a gas cabinet or exhausted enclosures.
Add Section 6004.4.8.1 to the 2025 California Fire Code to read as follows:
6004.4.8.1. Alarms. The gas detection system shall initiate a local alarm and transmit a signal to an approved location.
Add Section 6004.4.8.2 to the 2025 California Fire Code to read as follows:
6004.4.8.2. Shut off of gas supply. The gas detection system shall automatically close the shut off valve at the source on gas supply piping and tubing related to the system being monitored for whichever gas is detected.
Exception: Automatic shutdown is not required for highly toxic, toxic, and moderately toxic compressed gas systems where all of the following controls are provided:
1. Constantly attended / supervised.
2. Provided with emergency shutoff valves that have ready access. 498
CC 05-05-2026 Searchable Packet
498 of 650
Ordinance No. 26-2281
16.40.320 Chapter 61 – Liquefied Petroleum Gases.
Amend Section 6104.2 of the 2025 California Fire Code as follows:
6104.2 Maximum capacity within established limits. Within the limits established by law restricting the storage of liquefied petroleum gas for the protection of heavily populated or congested areas, the aggregate capacity of any one installation shall not exceed a water capacity of 2,000 gallons (7,570 L) in all locations of the City of Cupertino which are residential or congested commercial areas as determined by the fire code official.
Exception: LPG may be used for industrial operations or when natural gas would not provide a viable substitute for LPG. Portable containers for temporary heating and/or cooking uses may be permitted if stored and handled in accordance with this code.
Facilities in commercial areas for refueling portable or mobile LPG containers may be approved by the fire code official on a case-by-case basis.
16.40.340 Chapter 64 – Pyrophoric Materials.
Add Section 6405.3.1 to the 2025 California Fire Code to read as follows:
6405.3.1 Silane distribution systems automatic shutdown. Silane distribution systems shall automatically shut down at the source upon activation of the gas detection system at levels above the alarm level and/or failure of the ventilation system for the silane distribution system.
16.40.360 Appendix B – Fire-Flow Requirements for Buildings.
Amend Section B105.2 of Appendix B of the 2025 California Fire Code to read:
B105.2 Buildings other than one- and two-family dwellings, Group R-3 and R-4 buildings and townhouses. The minimum fire-flow and flow duration for buildings other than one- and two-family dwellings, Group R-3 and R-4 buildings and townhouses shall be as specified in Tables B105.1(2) and B105.2.
Exceptions: [SFM] Group B, S-2 and U occupancies having a floor area not exceeding 1,000 square feet, primarily constructed of noncombustible exterior walls with wood or steel roof framing, having a Class A roof assembly, with uses limited to the following or similar uses:
499
CC 05-05-2026 Searchable Packet
499 of 650
Ordinance No. 26-2281
1. California State Parks buildings of an accessory nature (restrooms).
2. Safety roadside rest areas (SRRA), public restrooms.
3. Truck inspection facilities (TIF), CHP office space and vehicle inspection bays.
4. Sand/salt storage buildings, storage of sand and salt.
The maximum fire flow reduction for all commercial buildings greater than 30,000 square feet and residential podium buildings shall not exceed 25 percent of the fire flow specified in Table B105.1(2). The maximum fire flow reduction for all other buildings shall not exceed 50 percent of the fire flow specified in Table B105.1(2).
16.40.380 Appendix C – Fire Hydrant Locations and Distribution.
Amend Section C102 of Appendix C of the 2025 California Fire Code to read:
C102.1 Minimum number of fire hydrants for a building. The number of fire hydrants available to a building shall be not less than the minimum specified in Table C102.1, utilizing the base fire flow without fire sprinkler reduction.
16.40.400 Appendix D – Fire Apparatus Access Roads.
Delete Section D103.1 of the 2025 California Fire Code:
Amend Section D103.2 of the 2025 California Fire Code to read as follows:
D103.2 Grade. The maximum grade of a fire department apparatus access road shall not exceed 15-percent, unless approved by the fire code official.
Amend Section D103.3 of the 2025 California Fire Code to read as follows:
D103.3 Turning radius. The required turning radius of a fire apparatus access roads shall be a minimum of 30 feet inside, and a minimum of 50 feet outside.
Amend Section D103.4 of the 2025 California Fire Code to read as follows:
D103.4 Dead ends. Dead-end fire apparatus access roads and/or driveways in excess of 150 feet (45 720 mm) shall be provided with width and turnaround provisions in accordance with Santa Clara County Fire Department apparatus access and turnaround standards.
500
CC 05-05-2026 Searchable Packet
500 of 650
Ordinance No. 26-2281
Amend Section D103.6 of the 2025 California Fire Code to read as follows:
D103.6 Signs. Where required by the Fire Code Official, fire apparatus access roads shall be designated and marked as a fire lane as set forth in Section 22500.1 of the California Vehicle Code and the Santa Clara County Fire Department A-6 Standard. Signs shall have a minimum dimension of 12 inches (305 mm) wide by 18 inches (457 mm) high and have red letters on a white reflective background. Signs shall be posted on one or both sides of the fire apparatus road as required by Section D103.6.1 or D103.6.2.
CHAPTER 16.42: PROPERTY MAINTENANCE CODE
16.42.010 Adoption of the 2024 International Property Maintenance Code A. The provisions of the 2024 International Property Maintenance Code and each and all of the regulations, provisions, conditions and terms of the code is referred to as if fully set forth in this chapter and is by such reference adopted.
B. One (1) copy of the code therefore is on file in the office of the Building Official pursuant to Health and Safety Code Section 18942 and are made available for public inspection. [Title 16 – Chapter 16.52 – No Change]
CHAPTER 16.54: ENERGY CODE
Section
16.54.010 Adoption of the 2025 California Energy Code.
16.54.020 Local Energy Code Amendments.
16.54.010 Adoption of 2025 California Energy Code.
A. The provisions of the 2025 California Energy Code and each and all of the regulations, provisions, conditions and terms of the code is referred to as if fully set forth in this chapter and is by such reference adopted.
B. One (1) copy of the code therefore is on file in the office of the Building Official pursuant to Health and Safety Code Section 18942 and are made available for public inspection.
16.54.020 Local Energy Code Amendments.
501
CC 05-05-2026 Searchable Packet
501 of 650
Ordinance No. 26-2281
A. Amendments to Subchapter 1 (All Occupancies – General Provisions) Amend Section 100.1(b) of the 2025 California Energy Code to add the following definitions:
ELECTRIC HEATING APPLIANCE is a device that produces heat energy to create a warm environment by the application of electric power to resistance elements, refrigerant compressors, or dissimilar material junctions, as defined in the California Mechanical Code.
B. Amendments to Subchapter 4 (Nonresidential and Hotel/Motel Occupancies – Mandatory Requirements for Lighting Systems and Equipment, and Electrical Power Distribution Systems)
Amend Section 130.0 of the 2025 California Energy Code To read as follows:
SECTION 130.0 – LIGHTING SYSTEMS AND EQUIPMENT, AND ELECTRICAL POWER DISTIBUTIONS SYSTEMS – GENERAL
(a) The design and installation of all lighting systems and equipment in nonresidential and hotel/motel buildings, outdoor lighting, and electrical power distribution systems within the scope of Section 100.0(a), shall comply with the applicable provisions of Sections 130.0 through 130.6.
NOTE: The requirements of Sections 130.0 through 130.6 apply to newly constructed buildings. Section 141.0 specifies which requirements of Sections 130.0 through 130.6 also apply to additions and alterations to existing buildings. (b) – (c): Subsections 130.0(b) – (c) are adopted without modification.
Amend Subchapter 4 of the 2025 California Energy Code to add Section 130.6 to be numbered, entitled, and to read as follows:
SECTION 130.6 ELECTRIC READINESS REQUIREMENTS FOR SYSTEMS USING
GAS OR PROPANE
502
CC 05-05-2026 Searchable Packet
502 of 650
Ordinance No. 26-2281
Where nonresidential systems using gas or propane are installed, the construction drawings shall indicate electrical infrastructure and physical space accommodation the future installation of an electric heating appliance in the following ways, as certified by a registered design professional or licensed electrical contractor. (a) Branch circuit wiring, electrically isolated and designed to serve all electric heating appliances in accordance with manufacturer requirements and the California Electrical Code, including the appropriate voltage, phase, minimum amperage, and an electrical receptacle or junction box within five feet of the appliance that is accessible with no obstructions. Appropriately sized conduit may be installed in lieu of conductors; and
(b) Labeling of both ends of the unused conductors or conduit shall be with “For Future Electrical Appliance”; and
(c) Reserved circuit breakers in the electrical panel for each branch circuit, appropriately labeled (e.g. “Reserved for Future Electric Range”), and positioned on the opposite end of the panel supply conductor connection; and (d) Connected subpanels, panelboards, switchboards, busbars, ad transformers shall be size to serve the future electric heating appliance. The electrical capacity requires shall be adjusted for demand factors in accordance with the California Electric Code; and
(e) Physical space for future electric heating appliances, including equipment footprint, and if needed a pathway reserved for routing of ductwork to heat pump evaporator(s), shall be depicted on the construction drawings. The footprint necessary for future electric heating appliance may overlap with non-structural partitions and with the location of currently designed combustion equipment. [Title 16 – Chapter 16.56 – No Change]
Chapter 16.58: GREEN BUILDING STANDARDS CODE
Section
16.58.010 Adoption of the 2025 California Green Building Standards Code.
16.58.015 Adoption of Appendix Chapters.
16.58.020 Local Amendments.
16.58.030 Title.
503
CC 05-05-2026 Searchable Packet
503 of 650
Ordinance No. 26-2281
16.58.040 Scope.
16.58.100 Mandatory Requirements.
16.58.110 Project Types.
16.58.120 Residential Projects.
15.58.130 Residential New Construction – Equal To or Less Than Nine (9) Homes.
16.58.140 Residential New Construction – Greater than Nine (9) Homes.
16.58.150 Major Multi-Family Residential Renovations/Additions
16.58.160 Non-Residential New Construction, Small.
16.58.170 Non-Residential New Construction, Medium.
16.58.180 Non-Residential New Construction, Large.
16.58.190 Non-Residential Renovation/Additions, Minor.
16.58.200 Non-Residential Renovations/Additions, Major.
16.58.210 Tenant Improvements.
16.58.220 Mixed-Use.
16.58.230 Table 101.10 – Added.
16.58.240 Alternate Green Building Standards.
16.58.250 Verification.
16.58.260 Exemptions.
16.58.280 Definitions.
16.58.300 Compliance with Local Water-Efficient Landscape Ordinance – Residential.
16.58.310 Compliance with Local Water-Efficient Landscape Ordinance – NonResidential.
16.58.400 Electrical Vehicle (EV) Charging – Residential.
16.58.010 Adoption of the 2025 California Green Building Standards Code.
A. The provisions of the 2025 California Green Building Standards Code and each and all of the regulations, provisions, conditions and terms of the code is referred to as if fully set forth in this chapter, and, except as to additions, deletions and amendments hereinafter described, such code is hereby adopted and made a part hereof, the same as if fully set forth in this Chapter.
1. In accordance with California Health and Safety Code Sections 17958.7 and 18941.5, express findings that modifications to the California Green Building Standards Code are reasonably necessary because of local climatic, geological, or topographical conditions are either already on file with the California Building Standards Commission or will be filed prior to the effective date of the ordinance codified in this Chapter.
504
CC 05-05-2026 Searchable Packet
504 of 650
Ordinance No. 26-2281
B. One (1) copy of the code therefore is on file in the office of the Building Official pursuant to Health and Safety Code Section 18942 and is made available for public inspection.
16.58.015 Adoption of Appendix Chapters.
No Appendix Chapters from the 2025 California Green Building Standards Code have been adopted.
16.58.020 Local Amendments.
The following provisions of this Chapter shall constitute local amendments to the crossreferenced provisions of the 2025 California Green Building Standards Code and shall be deemed to amend the cross-referenced sections of said Code with the respective provisions set forth in this Chapter.
16.58.030 Title.
Amend Section 101.1 of the 2025 California Green Building Standards Code to read as follows:
101.1 Title. These regulations shall be known as the California Green Building Standards Code as amended by the City of Cupertino and may be cited as such and will be referred to herein as “this code.” The California Green Building Standards Code as amended by the City of Cupertino is an amendment to Part 11 of 12 parts of the official compilation and publication of the adoption, amendment, and repeal of building regulations to the California Code of Regulations, Title 24, also referred to as the California Building Standards Code.
16.58.040 Scope.
Amend Section 101.3 of the 2025 California Green Building Standards Code to read as follows:
101.3 Scope. The provisions of this code shall apply to the planning, design, operation, construction, use and occupancy of every newly constructed building or structure, unless otherwise indicated in this code for the City of Cupertino. 505
CC 05-05-2026 Searchable Packet
505 of 650
Ordinance No. 26-2281
The California Green Building Standards Code also is hereby amended to apply to additions, renovations and tenant improvements of privately-owned buildings and structures in accordance with the provisions of this Chapter.
It is not the intent that this code substitute or be identified as meeting the certification requirements of any private, third-party green building program.
16.58.100 Mandatory Requirements.
Amend Section 101.10 of the 2025 California Green Building Standards Code to read as follows:
101.10 Mandatory Requirements. This code contains mandatory green building measures. In addition, this Chapter contains required minimum green building measures as amended by the City of Cupertino. All new buildings and structures, additions, renovations and tenant improvements subject to requirements in Table 101.10 shall comply with the mandatory measures of the 2025 California Green Building Standards Code as adopted by the state in addition to local amendments included in this code, regardless of height or number of stories, unless specifically exempted by this code.
16.58.110 Project Types.
Add Section 101.10.1 of the 2025 California Green Building Standards Code to read as follows:
101.10.1 Project Types - as set forth in Table 101.10.
16.58.120 Residential Projects.
Add Section 101.10.1.1 of the 2025 California Green Building Standards Code to read as follows:
101.10.1.1 Residential Projects - as set forth in Table 101.10.
16.58.130 Residential New Construction – Equal To or Less than Nine (9) Homes.
Add Section 101.10.1.1.1 of the 2025 California Green Building Standards Code to read as follows:
506
CC 05-05-2026 Searchable Packet
506 of 650
Ordinance No. 26-2281
101.10.1.1.1 Residential New Construction - Equal To or Less than Nine (9) Homes - as set forth in Table 101.10.
16.58.140 Residential New Construction – Greater than Nine (9) Homes.
Add Section 101.10.1.1.2 of the 2025 California Green Building Standards Code to read as follows:
101.10.1.1.2 Residential New Construction - Greater than Nine (9) Homes or More - as set forth in Table 101.10.
16.58.150 Major Multi-Family Residential Renovations/Additions.
Add Section 101.10.1.1.3 of the 2025 California Green Building Standards Code to read as follows:
101.10.1.1.3 Major Multi-Family Residential Renovations/Additions - as set forth in Table101.10. Requirements shall only apply to the area of renovation/addition.
16.58.160 Non-Residential New Construction, Small.
Add Section 101.10.1.1.4 of the 2025 California Green Building Standards Code to read as follows:
101.10.1.1.4 Non-Residential New Construction, Small - as set forth in Table 101.10.
16.58.170 Non-Residential New Construction, Medium.
Add Section 101.10.1.1.5 of the 2025 California Green Building Standards Code to read as follows:
101.10.1.1.5 Non-Residential New Construction, Medium - as set forth in Table 101.10.
16.58.180 Non-Residential New Construction, Large.
Add Section 101.10.1.1.6 of the 2025 California Green Building Standards Code to read as follows
101.10.1.1.6 Non-Residential New Construction, Large - as set forth in Table 101.10. 507
CC 05-05-2026 Searchable Packet
507 of 650
Ordinance No. 26-2281
16.58.190 Non-Residential Renovations/Additions, Minor.
Add Section 101.10.1.1.7 of the 2025 California Green Building Standards Code to read as follows:
101.10.1.1.7 Non-Residential Renovations/Additions, Minor – as set forth in Table 101.10.
Requirements shall only apply to the scope of work of renovation/addition.
16.58.200 Non-Residential Renovations/Additions, Major.
Add Section 101.10.1.1.8 of the 2025 California Green Building Standards Code to read as follows:
101.10.1.1.8 Non-Residential Renovations/Additions, Major - as set forth in Table 101.10.
Requirements shall only apply to the area of renovation/addition.
16.58.210 Tenant Improvements.
Add Section 101.10.1.1.9 of the 2025 California Green Building Standards Code to read as follows:
101.10.1.1.9 Tenant Improvements. Except as specified herein, the provisions of this code shall apply to the applicable tenant or occupant improvements to a project.
16.58.220 Mixed-Use.
Add Section 101.10.1.1.9 of the 2025 California Green Building Standards Code to read as follows:
101.10.1.1.9 Mixed-Use - as set forth in Table 101.10.
16.58.230 Table 101.10 – Added.
Add Table 101.10 of the 2025 California Green Building Standards Code to read as follows:
Project Type Minimum Green Building
Requirement
Required Verification
508
CC 05-05-2026 Searchable Packet
508 of 650
Ordinance No. 26-2281
A. NEW CONSTRUCTION
Residential
Single Family and Multi-Family
homes equal to or less than 9
homes:
• CALGreen Building Code in
accordance with CALGreen’s
minimum thresholds. City Review
Single Family and Multi-Family
homes greater than 9 homes:
• GPR certified at minimum 50
points or
• LEED Silver or
Alternate Reference Standard
per Section 101.10.2
Third Party GPR or
LEED certification as
applicable
Alternate Reference
Standard: See Section
101.10.2
Non-Residential
Small, Less than 25,000 SF:
• CALGreen Building Code *
per Chapter 5 of the California
Green Building Standards Code
City Review
Mid-Size, from 25,000 to 50,000
SF:
• LEED Certified or
• Alternate Reference Standard
per Section 101.10.2
Third Party LEED
Certification Alternate
Reference Standard:
See Section 101.10.2
Large, Greater than 50,000 SF:
• LEED Silver or
• Alternate Reference Standard
per Section 101.10.2
Third Party LEED
Certification
Alternate Reference
Standard: See Section
101.10.2
B. RENOVATIONS AND ADDITIONS
Residential
Single-Family
• CALGreen Building Code in
accordance with CALGreen’s
minimum thresholds.
City Review
Multi-Family (minor):
• CALGreen Building Code in
accordance with CALGreen’s
minimum thresholds.
City Review
509
CC 05-05-2026 Searchable Packet
509 of 650
Ordinance No. 26-2281
Multi-family (major): Renovations
and/or additions with a Floor Area
Ratio (FAR) increase ≥ 50% and at
least 35,000 square feet, and that
replace or substantially alter the HVAC
system and at least two of the
following: building envelope, hot water
system and lighting system.
• GPR minimum 50 pts or
• LEED Certified or
• LEED EBOM Certified or
• Alternate Reference Standard
per Section 101.10.2
Third Party GPR or
LEED Certification as
applicable
Alternate Reference
Standard: See Section
101.10.2
Non-Residential
Minor: Renovations and/or additions
that do not meet the higher thresholds
for "major renovations and additions"
outlined as defined in (ii) below.
• CALGreen Building Code in
accordance with CALGreen’s
minimum thresholds.
City Review
Major: Renovations and/or additions
that comprise at least 35,000 square
feet, and replace or substantially alter
the HVAC system and two of the
following: building envelope, hot
water system, and lighting system.
• LEED Certified (applicable
only to the area of renovation/
addition) or
• LEED EBOM Certified or
• Alternate Reference Standard
per Section 101.10.2
Third Party LEED
Certification
Alternate Reference
Standard: See Section
101.10.2
Mixed-Use
For new and renovation/addition projects with residential and non-residential components, the use shall comply by either:
1. 1. Meeting the applicable requirements for each use; or
2. 2. Meeting the applicable requirements for the use that comprises the majority of the project’s square footage where uses are attached and/or combined in a building.
Notes:
“Major” renovations and/or additions apply only to the area of the renovation/addition unless the LEED EBOM Certified option is selected.
*Chapter 5 of the California Green Building Standards Code (Cal Green Mandatory) requirements shall only be applied to elements included in the scope of a project, unless otherwise required by the California Green Building Standards Code.
510
CC 05-05-2026 Searchable Packet
510 of 650
Council Agenda: November 4, 2025
Page: 95
Revision Date: November 18, 2025
16.58.240 Alternate Green Building Standards.
Add Section 101.10.2 of the 2025 California Green Building Standards Code to read as follows:
101.10.2 Alternate Green Building Standards. The applicant may request to apply an alternate green building standard for a project in lieu of the minimum standards per Table 101.10. In making a determination in response to an application under this section, the Building Official may allow an alternate standard if he/she finds that the proposed alternative standard complies with all of the following:
A. Addresses a comprehensive scope of green building issues including energy efficiency, water efficiency, resource efficient materials, and healthy building practices;
B. Applies standards that are, when taken as a whole, as stringent as the GPR and LEED standards;
C. Includes a formalized certification process that incorporates third party verification; and
D. The project will advance the purposes of this Chapter.
16.58.250 Verification.
Amend Section 102.3 of the 2025 California Green Building Standards Code to read as follows:
102.3 Verification. Documentation of conformance for applicable green building measures shall be provided to the City of Cupertino. Verification that the project meets the applicable environmental standards occurs through either the Third-Party process or City Review per the requirements in Table 101.10. The following lists the verification requirements for Third Party verification, and alternative methods:
A. Third Party Certification. A project will be required to meet the Third-Party certification process if the City determines that the project meets or exceeds the applicable thresholds listed in Table 101.10. The applicant shall submit all of the following to the City, in addition to other application requirements, to assist the City in determining compliance with the green building requirements:
511
CC 05-05-2026 Searchable Packet
511 of 650
Council Agenda: November 4, 2025
Page: 96
Revision Date: November 18, 2025
1. Planning Application. A green building checklist that includes cross-references to appropriate locations in the construction documents for all prerequisites and selected points or credits that demonstrates that the proposed project meets the applicable minimum requirements.
2. Building Permit.
a. Proof of project registration with administrating body of the applicable reference standard, and
b. A green building checklist that includes cross-references to appropriate locations in the construction documents for all prerequisites and selected points or credits; that demonstrate that the proposed project meets the applicable minimum requirements, and
3. Green Building Deposit. The green building deposit in an amount that may be set from time to time by resolution of the City Council. The applicant may provide the deposit in the form of cash or in any other form that the City finds acceptable to meet the purposes of this Section. The full amount of the deposit shall be returned upon the certification document being provided per 102.3 (A)(4). If however, the project does not meet the requirements of this Chapter, as applied to the project, then the City shall retain the full amount of the deposit and shall use the deposit solely to advance the purposes of this Chapter.
4. Time Limit. Within 18 months of Final Occupancy - Provide certification document for LEED, GPR or alternate rating standard in a form accepted by the City per Table 101.10. The Building Official may grant a one-time 6-month extension.
16.58.260 Exemptions.
Added Section 102.3.1 of the 2025 California Green Building Standards Code to read as follows:
102.3.1 Exemptions. The Building Official shall determine the maximum feasible threshold of compliance reasonably achievable for the project. Projects that are exempted from the requirements of the California Green Building Standards Code as amended by the City of Cupertino shall meet the requirement in section A and at least one of the requirements in sections B-D:
A. Projects that demonstrate that it is not feasible for the project to fully meet the green building requirements and that the purposes of this chapter will have been achieved 512
CC 05-05-2026 Searchable Packet
512 of 650
Council Agenda: November 4, 2025
Page: 97
Revision Date: November 18, 2025
to the maximum extent possible shall be exempted only for the specific rating system prerequisite that has been determined to be infeasible.
B. Projects that demonstrate compliance with this code but which will conflict with the Cupertino General Plan and/or Municipal Code Ordinance, such as those requiring historic preservation as determined by the Director of Community Development; or C. Projects that demonstrate compliance with this code but which will conflict with the California Building Standards Code; or
D. Projects with atypical energy-related design requirements and/or patterns of use that make compliance with the thresholds of this code infeasible.
16.58.280 Definitions.
Amend Section 202 of the 2025 California Green Building Standards Code to add or amend the following definitions:
Affordable Housing. Residential buildings that entirely consist of units below market rate and whose rents or sales prices are governed by local agencies to be affordable based on area median income.
Decision maker. The person or entity with final approval authority overthe underlying project.
Direct Current Fast Charging (DCFC). A parking space provided with electrical infrastructure that meets the following conditions:
A. A minimum of 48 kVa (480 volt, 100-ampere) capacity wiring.
B. Electric vehicle supply equipment (EVSE) located within three (3) feet of the parking space providing a minimum capacity of 80-ampere.
Feasible. Capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, and technological factors.
Green Building Checklist. A checklist, typically with prerequisites and credits and/or points that is developed by the administrators of green building certification systems and used to determine whether a development project can achieve certification.
Green Point Rated (GPR). A residential green building rating system developed by Build It Green. Projects can use any of the adopted GPR checklists that most appropriately apply to the project type proposed.
Leadership in Energy and Environmental Design (LEED). A green building rating system developed by the U.S. Green Building Council for residential and non513 CC 05-05-2026 Searchable Packet
513 of 650
Council Agenda: November 4, 2025
Page: 98
Revision Date: November 18, 2025
residential projects. Projects can use any of the adopted LEED checklists that most appropriately apply to the project type proposed.
Minimum Green Building Requirement. The minimum green building requirement that applies to a particular project, as listed in column 2 of Table 101.10.
Required Verification. The standards that correspond to the requirements of a particular green building rating system and project type, as listed in column 3 of Table 101.10, for which verification procedures are fully set forth in Section 102.3.
16.58.300 Compliance with Local Water - Efficient Landscape Ordinance - Residential.
Add Section 4.304.1.1 of the 2025 California Green Building Standards Code to read as follows:
4.304.1.1 Compliance with Local Water-Efficient Landscape Ordinance. Residential projects must comply with the City of Cupertino’s Landscape Ordinance, pursuant to Chapter 14.15 of the Cupertino Municipal Code.
16.58.310 Compliance with Local Water - Efficient Landscape Ordinance - NonResidential.
Add Section 5.304.1.1 of the 2025 California Green Building Standards Code to read as follows:
5.304.1.1 Compliance with Local Water-Efficient Landscape Ordinance. Non-residential projects must comply with the City of Cupertino’s Landscape Ordinance, pursuant to Chapter 14.15 of the Cupertino Municipal Code.
16.58.400 Electric Vehicle (EV) Charging – Residential.
Amend Section 4.106.4 of the 2025 California Green Building Standards Code to read as follows:
4.106.4 Electric vehicle (EV) charging for new construction. New construction shall comply with Section 4.106.4.1 or 4.106.4.2. Electric vehicle supply equipment (EVSE) shall be installed in accordance with the California Electrical Code. Calculation for spaces shall be rounded up to the nearest whole number.
Exceptions:
514
CC 05-05-2026 Searchable Packet
514 of 650
Council Agenda: November 4, 2025
Page: 99
Revision Date: November 18, 2025
1. On a case-by-case basis, where the local enforcing agency has determined EV charging and infrastructure are not feasible based upon one or more of the following conditions:
1.1. Where there is no local utility power supply or the local utility is unable to supply adequate power.
1.2. Where there is evidence suitable to the local enforcing agency substantiating that additional local utility infrastructure design requirements, directly related to the implementation of Section
4.106.4, may increase construction cost by an average of $4,500 per parking space for market rate housing or $400 per parking space for affordable housing. EV infrastructure shall be provided up to the level that would not exceed this cost for utility service.
2. Accessory Dwelling Units (ADU) and Junior Accessory Dwelling Units (JADU) without additional parking facilities and without electrical panel upgrade or new panel installation. Detached ADUs, attached ADUs, and JADUs without additional parking but with electrical panel upgrades or new panels must have reserved breakers and electrical capacity according to the requirements of 4.106.4.1.
3. Multifamily residential R-2 building projects that have approved entitlements before the code effective date.
4.106.4.1 New one- and two-Family Dwellings and Town-Houses with Private Garages. For each dwelling unit, a dedicated 208/240-volt branch circuit shall be installed in a raceway. The raceway shall not be less than trade size 1 (nominal 1-inch inside diameter). The raceway shall originate at the main service or subpanel and shall terminate into a listed cabinet, box or other enclosure in close proximity to the proposed location of an EV charger. Raceways are required to be continuous at enclosed, inaccessible or concealed areas and spaces. The branch circuit and associated overcurrent protective device shall be rated at 40 amperes minimum. Other electrical components, including a receptacle or blank cover, related to this section shall be installed in accordance with the California Electrical Code.
Exception: A raceway is not required if a minimum 40-ampere 208/240-volt dedicated EV branch circuit is installed in close proximity to the proposed location of an EV charger at the time of original construction in accordance with the California Electrical Code.
4.106.4.1.1 Identification. The service panel and subpanel circuit directory shall identify the overcurrent protective device designated for future EV charging purposes as “EV READY” in accordance with the California 515
CC 05-05-2026 Searchable Packet
515 of 650
Council Agenda: November 4, 2025
Page: 100
Revision Date: November 18, 2025
Electrical Code. The receptacle or blank cover shall be identified as “EV READY.”
[Title 16 – Chapter 16.60 – No Change]
CHAPTER 16.62: HISTORICAL BUILDING CODE
A. Except as otherwise provided in this chapter, the provisions of the 2025 California Historical Building Code and specified Appendices and each and all of the regulations, provisions, conditions and terms of the code is referred to as if fully set forth in this chapter, except such portions as are hereinafter deleted, modified or amended by this ordinance, and is by such adopted by reference.
B. One (1) copy of each volume of the code therefore is on file in the office of the Building Official pursuant to Health and Safety Code Section 18942 and are made available for public inspection.
CHAPTER 16.64: EXISTING BUILDING CODE
A. Except as otherwise provided in this chapter, the provisions of the 2025 California Existing Building Code and specified Appendices and each and all of the regulations, provisions, conditions and terms of the code is referred to as if fully set forth in this chapter, except such portions as are hereinafter deleted, modified or amended by this ordinance, and is by such adopted by reference.
B. One (1) copy of each volume of the code therefore is on file in the office of the Building Official pursuant to Health and Safety Code Section 18942 and are made available for public inspection.
CHAPTER 16.68: REFERENCED STANDARDS CODE
A. The provisions of the 2025 California Referenced Standards Code and specified Appendices and each and all of the regulations, provisions, conditions and terms of the code is referred to as if fully set forth in this chapter, except such portions as are hereinafter deleted, modified or amended by this ordinance, and is by such adopted by reference.
516
CC 05-05-2026 Searchable Packet
516 of 650
Council Agenda: November 4, 2025
Page: 101
Revision Date: November 18, 2025
B. One (1) copy of each volume of the code therefore is on file in the office of the Building Official pursuant to Health and Safety Code Section 18942 and are made available for public inspection.
[Title 16 – Chapter 16.70 – No Change]
[Title 16 – Chapter 16.72 – No Change]
[Title 16 – Chapter 16.74 – No Change]
CHAPTER 16.80: PLACARDS
Amend Section 16.80 of the Cupertino Municipal Code to read as follows:
Section
16.80.010 Intent
16.80.020 Application of Provisions
16.80.030 Definitions
16.80.040 Safety Assessment Placards
16.80.050 Stop Work Order Placard
16.80.060 Other Placards – General
16.80.070 Violations and Enforcement
16.80.080 Enforcement of Other Laws Unaffected
16.80.010 Intent.
This chapter establishes the authority of the Building Official, Code Enforcement Officer, and/or City Manager or their designee, to post notices which notify the general public of pending actions and/or safety issues. Such notices or placards also serve to provide immediate notice to responsible parties, property owner(s) and/or any other party which may have an interest in responding to the content of the notice and/or placard.
16.80.020 Application of Provisions.
517
CC 05-05-2026 Searchable Packet
517 of 650
Council Agenda: November 4, 2025
Page: 102
Revision Date: November 18, 2025
The provisions of this chapter are applicable to all buildings and structures of all occupancies regulated by the City of Cupertino. The Council may extend the provisions as necessary.
16.80.030 Definitions
“Notice” is any written communication issued in accordance with Title 1 of this code. “Placard” is a written notice which is directly posted on any conspicuous location or area of any real property and/or public right-of-way, and which communicates or provides notice of a particular action or fining by the Building Official, Code Enforcement Officer, and/or City Manager or their designee.
“Stop Work Order” is a written directive and command to cease performing an action or work activity, and/or which orders specified actions to immediately come to a complete halt.
“Safety assessment” is a visual, non-destructive examination of a building or structure for the purpose of determining the condition for continued occupancy.
16.80.040 Safety Assessment Placards
Safety assessment placards are used to indicate the condition of a structure for continued occupancy. The chapter further authorizes the Building Official and his or her authorized representatives to post the appropriate placard at each entry point to a building or structure upon completion of a safety assessment.
The following are verbal descriptions of the official jurisdiction placards to be used to designate the condition for continued occupancy of buildings or structures. Copies of actual placards are attached in Exhibit A-1, Exhibit A-2, and A-3.
1. INSPECTED – LAWFUL OCCUPANCY PERMITTED is to be posted on any building or structure wherein no apparent structural hazard has been found. This placard is not intended to mean that there is no damage to the building or structure.
2. RESTRICTED USE is to be posted on each building or structure that has been damaged wherein the damage has resulted in some form of restriction to the continued occupancy. The individual who posts this placard will note in general terms the type of damage encountered and will clearly and concisely note the restrictions on continued occupancy.
518
CC 05-05-2026 Searchable Packet
518 of 650
Council Agenda: November 4, 2025
Page: 103
Revision Date: November 18, 2025
3. UNSAFE – DO NOT ENTER OR OCCUPY is to be posted on each building or structure that has been damage such that continued occupancy poses a threat to life safety. Buildings or structures posted with this placard shall not be entered under any circumstance except as authorized in writing by the Building Official, or his or her authorized representative. Safety assessment teams shall be authorized to enter these buildings at any time. This placard is not to be used or considered as a demolition order. The individual who posts this placard will note in general terms the type of damage encountered.
This ordinance number, the name of the jurisdiction, its address, and phone number shall be permanently affixed to each placard.
Once it has been attached to a building or structure, a placard is not to be removed, altered or covered until done so by an authorized representative of the Building Official. It shall be unlawful for any person, firm or corporation to alter, remove, cover or deface a placard unless authorized pursuant to this section.
16.80.050 Stop Work Order Placard
Stop Work Order:
1. Addresses any work regulated by this code, and/or the California Building Code being performed in a manner contrary to provisions, or in a dangerous or unsafe manner.
2. Is issued in accordance with Section 16.04.010 of this code and Section 115 of the 2025 California Building Code.
3. May be initially issued verbally and then shortly thereafter followed in written form.
4. Placard shall be given to the owner of the property, the owner’s authorized agent or the person performing the work, and/or posted at the property in a conspicuous area or place. Upon issuance, the listed work shall immediately cease. The Stop Work Order shall state the reason for the directive and the conditions under which the work is authorized to resume. A copy of actual placard is attached in Exhibit B-1.
16.80.060 Other Placards – General
Under the ordinances of the City, the Building Official, Code Enforcement Officer, and/or City Manager or their designee, may post notices as outlined in Title 1 and/or 519
CC 05-05-2026 Searchable Packet
519 of 650
Council Agenda: November 4, 2025
Page: 104
Revision Date: November 18, 2025
placards in accordance with this chapter, as deemed necessary to keep the community safe, promote the welfare and general health and safety of the residents and public atlarge, to promote justice and/or to effect the objectives of this code.
16.80.070 Violations and Enforcement
1. Any person or responsible party who defaces, obliterates, tears down, removes, alters, tampers with or destroys any placard as posted by Building Official, Code Enforcement Officer, and/or City Manager or their designee, including violation(s) of section 1.04.040, is in violation of the terms of this chapter and subject to the enforcement actions of this section.
2. Any violation of any provision of this chapter constitutes a public nuisance, which may be resolved and/or abated pursuant to section
16.80.050 (C) of this code.
3. Enforcement. Notwithstanding the provisions of the California Building Code, and provisions of California Penal Code section 616, or any other authority, any person who violates the provisions of this chapter shall also be subject to enforcement under Chapter 1.10, including but not limited to section 1.10.070 (C), and to prosecution under Chapter 1.12.
16.80.080 Enforcement of Other Laws Unaffected
Nothing in this chapter shall affect the powers of the City or authorized law enforcement officers to prosecute violators of any stature of the State of California or other ordinances of the City.
520
CC 05-05-2026 Searchable Packet
520 of 650
Council Agenda: November 4, 202
5 Page: 105
Revision Date: November 18, 2025
521
CC 05-05-2026 Searchable Packet
521 of 650
Council Agenda: November 4, 202
5 Page: 106
Revision Date: November 18, 2025
522
CC 05-05-2026 Searchable Packet
522 of 650
Council Agenda: November 4, 202
5 Page: 107
Revision Date: November 18, 2025
523
CC 05-05-2026 Searchable Packet
523 of 650
Council Agenda: November 4, 202
5 Page: 108
Revision Date: November 18, 2025
524
CC 05-05-2026 Searchable Packet
524 of 650
CITY OF CUPERTINO
Agenda Item
26-15047 Agenda Date: 5/5/2026
Agenda #: 18.
Subject: Second reading and enactment of an Ordinance amending City Code Title Five (Business Licenses and Regulations) to Establish Chapter 5.51 to Regulate Film Production.
Conduct the second reading and enact Ordinance No. 26-2282: “AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF CUPERTINO AMENDING CITY CODE TITLE FIVE (BUSINESS LICENSES AND REGULATIONS) TO ESTABLISH CHAPTER 5.51 TO REGULATE FILM PRODUCTION.”
CITY OF CUPERTINO Page 1 of 1 Printed on 4/29/2026
powered by Legistar™525
CC 05-05-2026 Searchable Packet
525 of 650
CITY MANAGER’S OFFICE
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3212
CUPERTINO.GOV
CITY COUNCIL STAFF REPORT
Date: May 5, 2026
Subject
Adopt an Ordinance amending City Code Title Five (Business Licenses and Regulations) to Establish Chapter 5.51 to Regulate Film Production.
Recommended Action
Conduct the second reading and enact Ordinance No. 26-XXX: “An Ordinance of the City Council of the City of Cupertino Amending City Code Title Five (Business Licenses and Regulations) to Establish Chapter 5.51 to Regulate Film Production.” Reasons for Recommendation and Available Options
On April 21, 2026, the City Council conducted the first reading of an ordinance amending City Code Title Five (Business Licenses and Regulations) to Establish Chapter 5.51 to Regulate Film Production. If the City Council approves the second reading at the May 5, 2026, meeting, the proposed ordinance will be in effect thirty days after.
Sustainability Impact
No sustainability impact.
Fiscal Impact
The City’s Master Fee Schedule – Schedule A was amended at the December 2, 2025, meeting to establish all fees relevant to this ordinance. Collection of these fees will ensure that future film production within the City does not place a financial burden on City resources.
City Work Program (CWP) Item/Description
None
Council Goal:
Fiscal Strategy
California Environmental Quality Act
No California Environmental Quality Act impact.
526
CC 05-05-2026 Searchable Packet
526 of 650
_____________________________________
Prepared by: Astrid Robles, Senior Management Analyst
Samantha LoCurto, Communications and Marketing Coordinator Reviewed by: Kirsten Squarcia, Deputy City Manager
Floy Andrews, Interim City Attorney
Approved for Submission by: Tina Kapoor, City Manager
Attachments:
A – Draft Ordinance
527
CC 05-05-2026 Searchable Packet
527 of 650
1 ORDINANCE NO. __________________
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING CITY CODE TITLE FIVE (BUSINESS LICENSES AND
REGULATIONS) TO ESTABLISH CHAPTER 5.51 TO
REGULATE FILM PRODUCTION
The City Council of the City of Cupertino finds that:
1. The purpose of this Chapter is to: (a) establish a standardized film permit process to regulate commercial, television, motion picture, and nonprofit filming activities conducted within the City; and (b) ensure coordination with appropriate City departments to protect public health, safety, and welfare, and minimize disruptions to residents, businesses, and public spaces.
2. This Chapter further authorizes the City to recover administrative and operational costs associated with the processing, review, and issuance of film permits through the collection of film permit fees pursuant to a reasonable fee schedule implemented herewith.
3. The establishment of a film permit process, including the associated fee schedule is consistent with the City’s goals of transparency, accountability, and fiscal responsibility.
4. The City desires to encourage filming activity that is compatible with the City’s character, preserves public safety and welfare, and supports local businesses while ensuring that applicants contribute to the costs incurred by the City in facilitating such activity.
The City Council of the City of Cupertino held a duly noticed public hearing on November 4, 2025, and after considering all testimony and written materials provided in connection with that hearing introduced this ordinance and waived the reading thereof.
NOW, THEREFORE, THE CITY COUNCIL OF THE OF CITY OF CUPERTINO DOES ORDAIN AS FOLLOWS:
SECTION 1. Adoption.
528
CC 05-05-2026 Searchable Packet
528 of 650
Ordinance No. __________
01337.0051 2097658.2
The Cupertino Municipal Code is hereby amended as set forth in Attachment A, attached hereto and incorporated herein by this reference.
SECTION 2: Severability and Continuity.
The City Council declares that each section, sub-section, paragraph, sub-paragraph, sentence, clause and phrase of this ordinance is severable and independent of every other section, sub-section, paragraph, sub-paragraph, sentence, clause and phrase of this ordinance. If any section, sub-section, paragraph, sub-paragraph, sentence, clause or phrase of this ordinance is held invalid, or its application to any person or circumstance, be determined by a court of competent jurisdiction to be unlawful, unenforceable or otherwise void, the City Council declares that it would have adopted the remaining provisions of this ordinance irrespective of such portion, and further declares its express intent that the remaining portions of this ordinance should remain in effect after the invalid portion has been eliminated. To the extent the provisions of this Ordinance are substantially the same as previous provisions of the Cupertino Municipal Code, these provisions shall be construed as continuations of those provisions and not as an amendment to or readoption of the earlier provisions.
SECTION 3: California Environmental Quality Act.
This Ordinance is not a project under the requirements of the California Environmental Quality Act, together with related State CEQA Guidelines (collectively, “CEQA”) because it has no potential for resulting in physical change in the environment. In the event that this Ordinance is found to be a project under CEQA, it is subject to the CEQA exemption contained in CEQA Guidelines section 15061(b)(3) because it can be seen with certainty to have no possibility that the action approved may have a significant effect on the environment; therefore, the activity is not subject to CEQA. Future filming activities will remain subject to applicable City regulations and may be further reviewed for CEQA compliance on a case-by-case basis, if warranted. The foregoing determination is made by the City Council in its independent judgment.
SECTION 4: Effective Date.
This Ordinance shall take effect thirty days after final adoption as provided by Government Code Section 36937.
SECTION 5: Publication.
The City Clerk shall give notice of adoption of this Ordinance as required by law.
Pursuant to Government Code Section 36933, a summary of this Ordinance may be prepared by the City Clerk and published in lieu of publication of the entire text. The 529
CC 05-05-2026 Searchable Packet
529 of 650
Ordinance No. __________
01337.0051 2097658.2
City Clerk shall post in the office of the City Clerk a certified copy of the full text of the Ordinance listing the names of the City Council members voting for and against the ordinance.
INTRODUCED at a regular meeting of the Cupertino City Council on April 21, 2026; and ENACTED at a regular meeting of the Cupertino City Council this _____day of _______, 2026, by the following vote:
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
SIGNED:
__________________
Kitty Moore, Mayor
City of Cupertino
________________________
Date
ATTEST:
__________________
Lauren Sapudar, City Clerk
________________________
Date
APPROVED AS TO FORM:
___________________
Floy Andrews, Interim City Attorney
________________________
Date
530
CC 05-05-2026 Searchable Packet
530 of 650
01337.0051 2097658.2 Attachment A – Page 1
Attachment A – An ordinance to regulate film production A new Chapter 5.51 is hereby added to Title 5 of the Cupertino Municipal Code, to be adopted in its entirety and shall read as follows:
Chapter 5.51: Regulation of Film Production Permits
5.51.010 Purpose and Intent
This Chapter establishes procedures for the review and issuance of permits for commercial filming activities on location within the city. The intent of this Chapter is to facilitate the production of such work while protecting the residents, property owners, and businesses from the potential adverse impacts of filming activities.
5.51.020 Definitions
A. "Charitable or student film" means any filming by (i) a nonprofit organization, which qualifies under Section 501(c)(3) or (4) of the Internal Revenue Code as a charitable organization; or (ii) an accredited educational institution, and for which no person, directly or indirectly, shall receive a profit from the marketing and production of the film or from showing the films, tapes or photos.
B. "Film Production'' means all activities related to staging or shooting of commercial motion pictures, television shows or programs, commercials or advertisements, commercial still photography, video tapes, computer-based programs or other visual reproduction technology now known or hereafter created and the filming of commercial radio station promotional events, excepting any such activity that is entirely conducted on Private Property, as defined, or activities covered by an encroachment permit, including all vehicle parking, production staging, and storage of equipment or props. The period of filming includes the set-up, all on-site production time, and striking the set, including but not limited to removing scenery, equipment or props at the conclusion of filming.
C. "News Media" means filming for the purpose of spontaneous, unplanned television news reporting by journalists, reporters, photographers or camera operators.
D. "Private Property'' means any property in the City not owned by the City. 531
CC 05-05-2026 Searchable Packet
531 of 650
Ordinance No. __________
An Ordinance on Regulating Film Production - Page 2
E. "Studio" means a fixed place of business where filming activities, including motion or still photography, are regularly conducted upon the premises.
5.51.030 Permit Requirements and Exemptions
No person, including students, shall use any public property, facility or residence within the City for the purpose of Film Production without first applying for and receiving a permit from the City, with the following exemptions:
A. News Media. The provisions of this Chapter shall not apply to or affect reporters, photographers or cameramen in the employ of a newspaper, news service or similar entity engaged in on-the-spot print media, publishing or broadcasting of news events concerning those persons, scenes or occurrences which are in the news and of general public interest.
B. Private Non-Commercial Video. Filming, videotaping or still photography solely for private non-commercial use.
C. Studio Filming. Filming activities, motion or still photography conducted at a studio.
D. Charitable or Student Films. Projects as defined in CMC 5.51.020(A) are exempt from permit-related fees but still require a permit.
1. Nonprofit organizations desiring a film permit must complete an application form and must provide a copy of their proof of tax-exempt status.
2. Student film projects require students to supply a written certificate from the school of their attendance stating that the filming project is an assignment for their class and is not intended for commercial distribution.
E. City-sponsored Events. Film Production conducted or commissioned by the City, or produced with City funding, sponsorship, or direction.
5.51.040 Permit Application and Fees
532
CC 05-05-2026 Searchable Packet
532 of 650
Ordinance No. __________
An Ordinance on Regulating Film Production - Page 3
A. The issuing authority shall be the City Manager or their designee. The City shall only issue a permit if it is determined that at least the following criteria have been met:
1. The proposed use will not unreasonably interfere with traffic or pedestrian movement, or unreasonably interfere with or endanger the public peace or rights of nearby residents and merchants to the quiet, peaceable enjoyment of their property, or otherwise be detrimental to the public peace, health, safety or general welfare;
2. The proposed use will not unduly impede, obstruct or interfere with the operation of emergency vehicles or equipment in or through the permit area, or adversely affect the City's ability to perform municipal functions or furnish City services in the vicinity of the permitted area;
3. The proposed use will not constitute a fire or safety hazard and all proper safety precautions will be taken as are reasonably necessary to protect the public peace, health, safety or general welfare; and
B. A complete application for a filming permit shall be filed with the City at least fourteen (14) calendar days prior to the date of the requested Film Production activity, or, if such Film Production activity interferes with traffic or involves potential public safety hazards, an application shall be submitted at least thirty (30) calendar days in advance of commencement. In either case, the applicable filing timelines may be adjusted from time to time as established by the City Manager or his or her designee, with any such changes to be duly noted in the permit application and on the City’s Official webpage. The City, in its sole discretion, may have availability to process an urgent request for a permit within three (3) business days, subject to staff availability. Any such expedited processing shall incur an additional fee.
C. An application for a film permit shall be submitted on the City’s form and shall include all information, materials, and documentation required by this Chapter, including but not limited to (i) a certificate of insurance demonstrating compliance with all insurance requirements set forth in this Chapter, and (ii) evidence of any and all permits, approvals, or personnel required under the CMC or other applicable laws to proceed with the proposed use. An application 533
CC 05-05-2026 Searchable Packet
533 of 650
Ordinance No. __________
An Ordinance on Regulating Film Production - Page 4
shall not be deemed complete until all required items have been submitted and all information provided is accurate and complete. The City may require supplemental information as reasonably necessary to evaluate the application and ensure compliance with applicable local regulations.
D. A schedule of fees for City services and use of City property shall be established as part of the City’s master fee schedule.
E. The City’s Communications and Marketing Coordinator, or such other staff member as may be designated by the City Manager, shall serve as the primary point of contact for the applicant.
F. The applicant shall obtain any required business license and encroachment permit pursuant to CMC 5.04 et. seq. and 14.08 et. seq., respectively, from the City’s respective departments. The applicant shall also coordinate with the City’s Office of Emergency Management to secure any necessary public safety personnel, including police and fire personnel, to assist with the Film Production.
G. A filming permit shall be valid for the production period set forth in the approved application. Upon the request of the applicant, the issuing authority shall have the power, upon a showing of good cause, to change the date for which the permit has been issued, provided applicant is in compliance with established limitations to time and location.
5.51.050 Film Production Insurance, Liability and Indemnification A. For Film Production on public property, including on the public right of way, a permittee is required to carry commercial general liability and automobile liability insurance and provide a certificate of insurance in an amount of at least one million dollars ($1,000,000) per occurrence or higher, if required by the permit, naming the City, its City Council, commissions, officers, employees, agents and volunteers as additional insureds for protection against claims for personal injury, wrongful death and/or property damage. The certificate shall not be subject to cancellation or modification until after thirty (30) days' written notice to the City. A copy of the certificate will remain available upon request by City.
Student applicants must conform to the provisions listed in this subsection by 534
CC 05-05-2026 Searchable Packet
534 of 650
Ordinance No. __________
An Ordinance on Regulating Film Production - Page 5
providing a certificate of insurance from their educational institution.
B. If the Film Production will involve the use of helicopters, cranes, lifts, aircrafts, or other aerial vehicles or equipment, the applicant shall obtain additional insurance coverage satisfactory to the City, including but not limited to aircraft liability coverage or unmanned aircraft liability coverage, in an amount not less than five million dollars ($5,000,000) per occurrence. The applicant shall provide the City with a copy of the certificate of insurance as proof of coverage prior to the commencement of any aerial filming activities. All aerial filming activities shall comply with applicable federal, state, and local laws, including but not limited to all regulations of the Federal Aviation Administration and any other governing authority having jurisdiction over the operation of an aircraft.
C. An applicant shall conform to all applicable Federal and State requirements for worker's compensation insurance for all persons operating under a Film Production permit under this Chapter.
D. An applicant shall execute an indemnification and hold harmless agreement in a form provided by the City prior to the issuance of a permit under this Chapter.
Such indemnification and hold harmless agreement may be incorporated into the terms and conditions of the film permit.
E. To ensure cleanup and restoration of the site, an applicant may be required to submit a refundable security deposit, in the amount to be determined by the City Manager or their designee. Upon completion of filming and the City’s inspection of the site and determination that the site has been restored to its prior condition, the security deposit will be returned to the applicant.
5.51.060 General Requirements for Film Production
A. Notice. All residents and merchants within a three hundred (300) foot radius of the film location must receive notice of filming at least forty-eight (48) hours prior to the first day of filming. Notwithstanding the foregoing, the City reserves the right to impose additional notice requirements if, in the City's discretion, extraordinary circumstances of the filming warrant additional notice. The City Manager may waive some or all of the notification requirements contained in this section.
535
CC 05-05-2026 Searchable Packet
535 of 650
Ordinance No. __________
An Ordinance on Regulating Film Production - Page 6
B. Filming Hours. The hours for filming are 7:00 a.m. to 10:00 p.m. Filming activities occurring outside the designated hours require signature approval by eighty (80) percent of residents and businesses within a three hundred (300) foot radius. The City Manager may waive the signature approval requirements contained in this section.
C. No Interference. Filming shall not interfere with normal activities of any neighborhood, such as refuse collection, street sweeping, gardening, deliveries or ingress or egress to public or Private Property without permission of the appropriate authority of the potentially impacted services.
D. Roadwork and Construction. Any roadwork or construction by City crews and/or private contractors under permit or contract to the City or any other public agency has priority over filming activities.
E. Inspections. The permittee must allow site inspections by City staff at any time.
A copy of the approved City license and permit must remain at the filming location.
F. Crew Behavior. Cast and crew are to refrain from unscripted, off-camera language that is loud or lewd within earshot of the general public.
G. Condition of the Site. The permittee shall conduct operations in a neat and orderly fashion, and upon completion of filming, the area shall be cleaned of trash and debris and restored to its original condition.
H. Oversight Personnel. The permittee shall ensure that any required personnel pursuant to CMC 5.51.040(D)(3) are on site during filming.
I. At the City's request, a briefing between City staff and the permittee may be required.
J. For filming that would impact public movement within the right-of-way, an applicant must submit a traffic control and handling plan to the City for review and approval. The plan shall consider:
1. The furnishing and installation of warning signs and any other traffic control devices necessary for conformance with the California Department of Transportation’s California Manual on Uniform Traffic Control devices. 536
CC 05-05-2026 Searchable Packet
536 of 650
Ordinance No. __________
An Ordinance on Regulating Film Production - Page 7
2. Use of Santa Clara County Sheriff’s personnel for traffic handling assistance may be required, at the discretion of the City.
3. Traffic may be restricted to non-peak hour periods, depending upon location and potential impacts to traffic.
4. Additional restrictions may apply for filming in the vicinity of schools.
5. Unless authorized by the City, camera cars must be driven in the direction of traffic and must observe all traffic laws.
5.51.070 Permit Denial, Enforcement, and Revocation
A. The City shall deny the permit if the conditions of CMC 5.51 and any other applicable laws or regulations have not been met or if the application contains incomplete or false information.
B. The City may immediately revoke or suspend a permit which has been granted, if the conditions of CMC 5.51 and all applicable laws and regulations are no longer being met, if the information supplied by the applicant becomes or is determined to be false or incomplete, or if any substantial change in circumstances results in the proposed use becoming detrimental to the public peace, health, safety or general welfare.
C. Upon revocation of a permit, the permittee may be prohibited from applying for another permit for a period of one (1) year if it is determined by the City Manager or City Attorney that the application was filed under false pretenses or that future filming may be detrimental to the public peace, health, safety or general welfare.
D. The City further reserves the right to initiate criminal, civil and/or administrative penalties pursuant to CMC 1.12.010, depending upon the nature of the violation.
E. The City Manager, or designee, may waive or modify any requirement of this Chapter upon determining that the waiver is in the public interest and consistent with the purpose of this Chapter.
537
CC 05-05-2026 Searchable Packet
537 of 650
CITY OF CUPERTINO
Agenda Item
26-15003 Agenda Date: 5/5/2026
Agenda #: 19.
Subject: Introduction and first reading of an ordinance amending Cupertino Municipal Code Sections 1.10,
2.20, 2.24, 2.48, 2.88, 3.12, and 3.38 to reflect organizational changes related to departmental structure and responsibilities.
Introduce and conduct the first reading of Ordinance No. 26-2283: “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING MUNICIPAL CODE CHAPTERS 1.10, 2.20, 2.24,
2.48, 2.88, 3.12, AND 3.38.”
CITY OF CUPERTINO Page 1 of 1 Printed on 4/29/2026
powered by Legistar™538
CC 05-05-2026 Searchable Packet
538 of 650
ADMINISTRATIVE SERVICES DEPARTMENT
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3220 • FAX: (408) 777-3109
CUPERTINO.GOV
CITY COUNCIL STAFF REPORT
Date: May 5, 2026
Subject
Introduction and first reading of an ordinance amending Cupertino Municipal Code Sections
1.10, 2.20, 2.24, 2.48, 2.88, 3.12, and 3.38 to reflect organizational changes related to departmental structure and responsibilities.
Recommended Action
Introduce and conduct the first reading of Ordinance No. 26-____: “AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING MUNICIPAL CODE CHAPTERS
1.10, 2.20, 2.24, 2.48, 2.88, 3.12, AND 3.38.”
Background
The City periodically updates the Cupertino Municipal Code to reflect organizational changes, ensure clarity in roles and responsibilities, and improve the administration of City operations.
As part of a recent organizational realignment, the Human Resources (HR) function has been transitioned from the Department of Administrative Services to the City Manager’s Office. This change is intended to better align HR functions with broader organizational strategy, workforce planning, and executive oversight.
As a result of this transition, the Department of Administrative Services will now focus exclusively on finance-related functions, including Accounting, Budgeting, and Purchasing. To better reflect this refined scope of responsibilities, the Department of Administrative Services will be renamed the Department of Finance, and the department head title will be updated to Director of Finance.
The proposed Municipal Code amendments reflect these organizational changes by updating department names, titles, and associated responsibilities where applicable.
Reasons for Recommendation
The proposed amendments update the Municipal Code to reflect the City’s recent organizational realignment, including the transition of HR to the City Manager’s Office and the renaming of the Department of Administrative Services to the Department of Finance (Attachment B). These changes ensure that department names, titles, and responsibilities are accurately reflected in the Code. The following changes to the Cupertino Municipal Code are recommended:
539
CC 05-05-2026 Searchable Packet
539 of 650
- Chapter 1.10: Proposed amendment updates the director’s title. - Chapter 2.20: Proposed amendment updates the director’s title. - Chapter 2.24: Proposed amendment updates the director’s title. - Chapter 2.48: Proposed amendment updates the department’s name and overseeing divisions.
- Chapter 2.88: Proposed amendment updates the director’s title. - Chapter 3.12: Proposed amendment updates the director’s title. - Chapter 3.38: Proposed amendment updates the director’s title.
These updates are administrative in nature to enhance operational efficiency and do not result in substantive changes to City operations or service levels.
Next Steps
If the City Council conducts the first reading and introduces the proposed ordinance (Attachment A), staff will return for a second reading scheduled for May 19, 2026.
At that time, staff will also introduce updates to the Unrepresented Employees’ Policy and Compensation Program to reflect the departmental name change. These updates will be limited to title and naming conventions only and will not include substantive changes to compensation or policy provisions.
Sustainability Impact
No sustainability impact.
Fiscal Impact
No fiscal impact.
City Work Program Item/Description
N/A
Council Goal
Public Engagement and Transparency
California Environmental Quality Act
No California Environmental Quality Act impact.
_____________________________________
Prepared by: Jonathan Orozco, Acting Director of Administrative Services Reviewed by: Kirsten Squarcia, Deputy City Manager
Floy Andrews, Interim City Attorney
Approved for Submission by: Tina Kapoor, City Manager
Attachments:
A – Draft Ordinance No. 26-______
B – Redline of proposed Municipal Code amendments
540
CC 05-05-2026 Searchable Packet
540 of 650
ORDINANCE NO. 26-___________
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING MUNICIPAL CODE CHAPTERS 1.10, 2.20, 2.24, 2.48, 2.88, 3.12, AND
3.38 The City Council of the City of Cupertino finds that:
1. The City Code of the City of Cupertino requires periodic updates in order to improve City operations and bring the Code up to date with current law and policy.
2. This Ordinance makes minor revisions to the Cupertino Municipal Code to reflect changes in law, provide clarification to the community, and provide for improved customer service and administration of City business.
NOW, THEREFORE, THE CITY COUNCIL OF THE OF CITY OF CUPERTINO DOES ORDAIN AS FOLLOWS:
SECTION 1. Adoption.
The Cupertino Municipal Code is hereby amended as set forth in Attachment A.
SECTION 2: Severability and Continuity.
The City Council declares that each section, sub-section, paragraph, sub-paragraph, sentence, clause and phrase of this ordinance is severable and independent of every other section, sub-section, paragraph, sub-paragraph, sentence, clause and phrase of this ordinance. If any section, sub-section, paragraph, sub-paragraph, sentence, clause or phrase of this ordinance is held invalid, or its application to any person or circumstance, be determined by a court of competent jurisdiction to be unlawful, unenforceable or otherwise void, the City Council declares that it would have adopted the remaining provisions of this ordinance irrespective of such portion, and further declares its express intent that the remaining portions of this ordinance should remain in effect after the invalid portion has been eliminated. To the extent the provisions of this Ordinance are substantially the same as previous provisions of the Cupertino Municipal Code, these provisions shall be construed as continuations of those provisions and not as an amendment to or readoption of the earlier provisions. 541
CC 05-05-2026 Searchable Packet
541 of 650
SECTION 3: California Environmental Quality Act.
This Ordinance is not a project under the requirements of the California Environmental Quality Act, together with related State CEQA Guidelines (collectively, “CEQA”) because it has no potential for resulting in physical change in the environment. In the event that this Ordinance is found to be a project under CEQA, it is subject to the CEQA exemption contained in CEQA Guidelines section 15061(b)(3) because it can be seen with certainty to have no possibility that the action approved may have a significant effect on the environment. CEQA applies only to actions which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. In this circumstance, the proposed action would have no effect on the environment. The foregoing determination is made by the City Council in its independent judgment.
SECTION 4: Effective Date.
This Ordinance shall take effect thirty days after adoption as provided by Government Code Section 36937.
SECTION 5: Publication.
The City Clerk shall give notice of adoption of this Ordinance as required by law.
Pursuant to Government Code Section 36933, a summary of this Ordinance may be prepared by the City Clerk and published in lieu of publication of the entire text. The City Clerk shall post in the office of the City Clerk a certified copy of the full text of the Ordinance listing the names of the City Council members voting for and against the ordinance.
INTRODUCED at a regular meeting of the Cupertino City Council on May, 5, 2026 and ENACTED at a regular meeting of the Cupertino City Council on ________, 2026 by the following vote:
542
CC 05-05-2026 Searchable Packet
542 of 650
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
SIGNED:
______________________
Kitty Moore, Mayor
City of Cupertino
________________________
Date
ATTEST:
_______________________
Lauren Sapudar, City Clerk
________________________
Date
APPROVED AS TO FORM:
_______________________
Floy Andrews, Interim City Attorney
Aleshire & Wynder, LLP
________________________
Date
543
CC 05-05-2026 Searchable Packet
543 of 650
AĴachment A –
Amendments to Municipal Code Chapters 1.10, 2.20, 2.24, 2.48, 2.88, 3.12, and 3.38
1. Amendments to Chapter 1.10: Administrative Citations, Fines, and Penalties
1.10.020 Definitions.
For purpose of this chapter, the following definitions shall apply:
1. "Administrative Citation Fines" means a penalty to be paid in conjunction with issuance of an administrative citation for a violation of the municipal code.
2. "Administrative Penalty" means a penalty, separate from the administrative citation fine, assessed by the City Council for a violation of the municipal code.
3. "Business day" means a day on which the main operations of the City of Cupertino are open for business and does not mean any day on which only specialized functions are in operation, such as divisions of the city or its agents that operate on a 24/7 schedule.
4. "Enforcement officer" means any city employee or employee of a contracting agency or any agent of the city with the authority to enforce any provision of this municipal code, including, but not limited to, the City Manager, City AĴorney, Director of Finance, Director of Community Development, Director of Parks and Recreation, Director of Public Works and any Sheriff, Animal Control Officer or Code Enforcement Officer.
5. "Hearing Officer" means any person designated by the City Manager to hear appeals of administrative citations. The Hearing Officer shall not be any enforcement officer or supervisor. The employment, performance evaluation, compensation and benefits of the Hearing Officer shall not be directly or indirectly conditioned upon the amount of administrative citation penalties upheld by the Hearing Officer.
6. "Responsible person" means any person who is in immediate control of the premises or activity which constitutes a violation of this municipal code and/or applicable statute, rule, code or regulation, the business owner, the property owner, and any person engaging in prohibited conduct. ….
544
CC 05-05-2026 Searchable Packet
544 of 650
2. Amendments to Chapter 2.20: City Clerk
2.20.020 Recordkeeping–Financial Status of City.
The duties now and hereafter imposed upon the City Clerk by State statute for the maintenance of accounting records readily reflecting the financial condition of the City are hereby transferred to the Director of Finance, which office has been established by City ordinance and with the powers and duties thereof as defined by said ordinance.
3. Amendments to Chapter 2.24: City Treasurer
2.24.020 Payment Procedure.
The Treasurer shall pay out all moneys owed by the City including obligations incurred by improvement bonds thereof on certification of the Director of Finance that such are due and owing. All payments, transfers or withdrawals of City moneys shall be by checks signed by the Mayor and Treasurer. In the event that the Mayor or Treasurer are not available, then the Vice-Mayor and/or the Treasurer’s designee are authorized to sign in their place. A facsimile signature may be used.
4. Amendments to Chapter 2.48: Departmental Organization
2.48.020 Departments and Divisions.
The following departments are established:
A. Department of Finance.
1. This department shall consist of the following divisions:
a. Accounting Division. This division shall be responsible for the day-to-day processing of fiscal records, maintenance of the City’s general ledger, preparation of financial statements, coordination of the annual audit, and ensuring compliance with applicable accounting standards and reporting requirements. b. Budget Division. This division shall be responsible for the preparation and administration of the annual operating and capital budgets, long-range financial planning, monitoring of 545
CC 05-05-2026 Searchable Packet
545 of 650
revenues and expenditures, and the preparation of financial analyses and reports.
c. Purchasing Division. This division shall be responsible for the administration and oversight of the City’s procurement
processes, including the development and implementation of purchasing policies and procedures, coordination of formal solicitations, ensuring compliance with applicable laws and regulations, while also supporting grant management. This hybrid approach requires purchasing activities to be carried out by departments, with the Purchasing Division providing
guidance, review, and oversight to promote consistency, efficiency, and accountability. The Director of Finance shall be head of this department, being responsible for all divisions within the Department.
1. The Director of Finance also shall be appointed Treasurer and also shall act as ex officio Assessor and shall assess and collect all City taxes save and except for those collected by State and County officers for the City.
5. Amendments to Chapter 2.88: Audit CommiĴee
2.88.110 City Staff Assistance.
The Audit Committee shall have available to it such assistance of City staff as may be required to perform its functions, the staff assignments and administrative procedures to be under the general direction and supervision of the Director of Finance.
6. Amendments to Chapter 3.12: Transient Occupancy Tax
3.12.020 Definitions.
Except where the context otherwise requires, the definitions given in this section govern the construction of this chapter:
A. “Person” means any individual, firm, partnership, joint venture, association, social club, fraternal organization, joint stock company, corporation, estate, 546
CC 05-05-2026 Searchable Packet
546 of 650
trust, business trust, receiver, trustee, syndicate, or any other group or combination acting as a unit;
B. “Hotel” means any structure, or any portion of any structure, which is occupied or intended or designed for short-term occupancy by transients for dwelling, lodging or sleeping purposes, and includes any hotel, inn, tourist home or house, motel, studio hotel, bachelor hotel, lodging house, rooming house, apartment house, dormitory, public or private club, mobile home or house trailer at a fixed location, or other similar structure or portion thereof; C. “Occupancy” means the use or possession, or the right to the use or possession of any room or rooms or portion thereof, in any hotel for dwelling, lodging or sleeping purposes;
D. “Transient” means any person who exercises occupancy or is entitled to occupancy by reason of concession, permit, right of access, license or other agreement for a period of thirty consecutive calendar days or less, counting portions of calendar days as full days. Any such person so occupying space in a hotel shall be deemed to be a transient until the period of thirty days has expired unless there is an agreement in writing between the operator and the occupant providing for a longer period of occupancy. In determining whether a person is a transient, uninterrupted periods of time extending both prior and subsequent to the effective date of the ordinance codified herein may be considered. “Transient” includes persons who book accommodations through internet-based/social hosting platforms; E. “Rent” means the consideration charged, whether or not received, for the occupancy of space in a hotel valued in money, whether to be received in money, goods, labor or otherwise, including all receipts, cash, credits and property and services of any kind or nature, without any deduction therefrom whatsoever;
F. “Operator” means the person who is proprietor of the hotel, whether in the capacity of owner, lessee, sublessee, mortgagee in possession, licensee, or any other capacity. Where the operator performs his functions through a managing agent of any type or character other than an employee, the managing agent shall also be deemed an operator for the purposes of this 547
CC 05-05-2026 Searchable Packet
547 of 650
chapter and shall have the same duties and liabilities as his principal.
Compliance with the provisions of this chapter by either the principal or the managing agent shall, however, be considered to be compliance by both; G. “Tax Administrator” means the City’s Director of Finance or designee.
H. “Hosting platform” means a person, legal entity or an association of individuals that provide a means, which may or may not be internet- based, through which a short-term rental is offered to the public, in exchange for a fee or other compensation. A hosting platform generally has the following aĴributes: allows a host to advertise a short- term rental, and provides a means to arrange and enter into agreements to occupy short-term rentals, whether payment of rent is made directly to the host or through the hosting platform.
7. Amendments to Chapter 3.38: Clean Water and Storm Protection Fee
3.38.020 Definitions.
A. “City” means and includes all territory lying within the municipal boundaries of the City of Cupertino as presently existing plus all territory which may be added thereto during the effect term of the ordinance codified herein.
B. “Condominium” means a parcel that is an individually-owned single residential unit aĴached to an undivided or joint ownership of the remaining portion of the property. The “Condominium 1" category refers to a condominium complex where each residential unit has no other units above or below it. The “Condominium 2+” refers to a condominium complex where residential units are built above or below other residential units.
C. “Director of Public Works” means the Director of Public Works and his/her duly authorized agents and representatives.
D. “Fee Report” means the report prepared by SCI Consulting Group dated February 2019 which was approved by the City Council on March 5, 2019 in Section 2 of Resolution No. 19-022. The Fee Report sets forth the rate structure and methodology of apportionment of the fee to various categories 548
CC 05-05-2026 Searchable Packet
548 of 650
of parcels and shall be the basis for the Clean Water and Storm Protection Fee.
E. “Impervious Area” means any part of any parcel that has been modified by the action of any person in a manner which reduces the land’s natural ability to absorb and hold storm and surface water. This includes, but is not limited to, activities such as: grading of property, the creation of any hard surface area which either prevents or retards the entry of water into the soil mantle, or the hardening of an existing surface which causes water to flow at an increased rate. Common impervious areas include, but are not limited to, roof tops, walk-ways, patios, driveways, parking lots or storage areas, concrete or asphalt paving, gravel roads, or any cleared, graded, paved, graveled, or compacted surface or paved earthen materials used for vehicular travel, or areas covered with surfaces which similarly impede the natural infiltration of surface water into soil mantle. Impervious area can be expressed as a percentage of a parcel’s total size.
F. “Maintenance and operation” means the administration, operation, maintenance and repair of any facility in the City’s storm drain system, including, but not limited to:
1. Items ordinarily recognized as capital items (e.g., acquisition of interests in land) when reasonably necessary to support operations;
2. Street sweeping, catch basin cleaning, and capture and removal of trash from the storm drain system;
3. Replacement of portions of existing facilities damaged or destroyed as a result of accident or natural disasters or found to be of inadequate size or condition;
4. Damages or settlements paid in the course of, or because of, threatened or actual legal actions related to the City’s storm drain system or nonpoint source program;
5. Regional monitoring, permit fees, public education and awareness programs regarding the City’s storm drain system and the City’s nonpoint source program;
6. Management of the City’s non-point source program including, but not limited to, BMP manuals, public outreach, printed materials, City staff and legal costs related thereto.
G. “Multi-Family Residential” means parcels improved or used for a residence for five or more families living independently of each other and doing their 549
CC 05-05-2026 Searchable Packet
549 of 650
own cooking and which is not separately assessed by the county tax assessor for each such family dwelling. This term is synonymous with “apartment.” H. “Open Space” means land that is substantially in a natural condition and includes agricultural or other lands that demonstrate storm water absorption equal to or greater than natural conditions.
I. “Parcel” means a unit of land which is designated by the tax assessor of Santa Clara County for property tax purposes.
J. “Rate Category” means a group of parcels that are of similar imperviousness characteristics and are charged the same rate. Single-Family Residential Parcels are categorized by size; Non-Single- Family Parcels are categorized by impervious percentage ranges.
K. “Single-Family Residential” means parcels, other than multi-family parcels, improved or used solely as a residence for one, two, three or four families living separately in separate dwelling units.
L. “Storm drainage system” means any pipe, conduit, or sewer of the City designed or used for the collection, conveyance and management of storm and surface waters and drainage including unpolluted cooling water and unpolluted industrial process water but excluding any community sanitary sewer system.
M. “Vacant (developed)” means a parcel which has been altered from its natural condition through grading or compaction activity or in another manner which reduces the land’s natural ability to absorb and hold storm and surface water without any structure existing upon it.
3.38.150 Fiscal accountability.
A. The City shall retain an independent auditor to conduct an annual audit of the Clean Water and Storm Protection Fee and environmental management/clean creeks fund as part of its comprehensive annual financial report. The auditor shall include an accounting of the revenue received from the fee and expenditures thereof in the audited financial statements. The auditor’s report shall be presented to the City Council and made available to the public. The Director of Finance or the Director of Public Works shall prepare and present to the City Council an annual report in conjunction with the annual audit that reviews the status and performance of the programs, services and projects funded wholly or partially with proceeds of the Clean Water and Storm Protection Fee.
550
CC 05-05-2026 Searchable Packet
550 of 650
B. The specific purpose of the Clean Water and Storm Protection fee established pursuant to this chapter is to derive fee revenue, which shall only be used for the acquisition, construction, reconstruction, maintenance, and operation of the storm drainage system of the City or related green infrastructure or other activities required by the City’s NPDES permits, to repay principal and interest on any bonds which may hereafter be issued for said purposes, to repay loans or advances which may hereafter be made for said purposes, and for any other purpose set forth in Section 3.38.160.
C. The Clean Water and Storm Protection fee is imposed pursuant to Articles XIII C and D of the California Constitution, Government Code Sections 38900 - 38901 and 53755 - 53756, and Health and Safety Code Section 5471 - 5473.11.
D. Proceeds from the Clean Water and Storm Protection fee will be deposited in the “environmental management/clean creeks fund” created by Section
3.36.170 of Chapter 3.36 of the Municipal Code (Storm Drainage Service Charge) as the “storm drainage service charge fund” and subsequently renamed, and may be comingled with the revenues of the City’s storm drainage service charge because they are authorized to be used for the same purposes.
551
CC 05-05-2026 Searchable Packet
551 of 650
ORDINANCE NO. 26-___________
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING MUNICIPAL CODE CHAPTERS 1.10, 2.20, 2.24, 2.48, 2.88, 3.12, AND
3.38 The City Council of the City of Cupertino finds that:
1. The City Code of the City of Cupertino requires periodic updates in order to improve City operations and bring the Code up to date with current law and policy.
2. This Ordinance makes minor revisions to the Cupertino Municipal Code to reflect changes in law, provide clarification to the community, and provide for improved customer service and administration of City business.
NOW, THEREFORE, THE CITY COUNCIL OF THE OF CITY OF CUPERTINO DOES ORDAIN AS FOLLOWS:
SECTION 1. Adoption.
The Cupertino Municipal Code is hereby amended as set forth in Attachment A.
SECTION 2: Severability and Continuity.
The City Council declares that each section, sub-section, paragraph, sub-paragraph, sentence, clause and phrase of this ordinance is severable and independent of every other section, sub-section, paragraph, sub-paragraph, sentence, clause and phrase of this ordinance. If any section, sub-section, paragraph, sub-paragraph, sentence, clause or phrase of this ordinance is held invalid, or its application to any person or circumstance, be determined by a court of competent jurisdiction to be unlawful, unenforceable or otherwise void, the City Council declares that it would have adopted the remaining provisions of this ordinance irrespective of such portion, and further declares its express intent that the remaining portions of this ordinance should remain in effect after the invalid portion has been eliminated. To the extent the provisions of this Ordinance are substantially the same as previous provisions of the Cupertino Municipal Code, these provisions shall be construed as continuations of those provisions and not as an amendment to or readoption of the earlier provisions. 552
CC 05-05-2026 Searchable Packet
552 of 650
SECTION 3: California Environmental Quality Act.
This Ordinance is not a project under the requirements of the California Environmental Quality Act, together with related State CEQA Guidelines (collectively, “CEQA”) because it has no potential for resulting in physical change in the environment. In the event that this Ordinance is found to be a project under CEQA, it is subject to the CEQA exemption contained in CEQA Guidelines section 15061(b)(3) because it can be seen with certainty to have no possibility that the action approved may have a significant effect on the environment. CEQA applies only to actions which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. In this circumstance, the proposed action would have no effect on the environment. The foregoing determination is made by the City Council in its independent judgment.
SECTION 4: Effective Date.
This Ordinance shall take effect thirty days after adoption as provided by Government Code Section 36937.
SECTION 5: Publication.
The City Clerk shall give notice of adoption of this Ordinance as required by law.
Pursuant to Government Code Section 36933, a summary of this Ordinance may be prepared by the City Clerk and published in lieu of publication of the entire text. The City Clerk shall post in the office of the City Clerk a certified copy of the full text of the Ordinance listing the names of the City Council members voting for and against the ordinance.
INTRODUCED at a regular meeting of the Cupertino City Council on May, 5, 2026 and ENACTED at a regular meeting of the Cupertino City Council on ________, 2026 by the following vote:
553
CC 05-05-2026 Searchable Packet
553 of 650
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
SIGNED:
______________________
Kitty Moore, Mayor
City of Cupertino
________________________
Date
ATTEST:
_______________________
Lauren Sapudar, City Clerk
________________________
Date
APPROVED AS TO FORM:
_______________________
Floy Andrews, Interim City Attorney
Aleshire & Wynder, LLP
________________________
Date
554
CC 05-05-2026 Searchable Packet
554 of 650
AĴachment A –
Amendments to Municipal Code Chapters 1.10, 2.20, 2.24, 2.48, 2.88, 3.12, and 3.38
1. Amendments to Chapter 1.10: Administrative Citations, Fines, and Penalties
1.10.020 Definitions.
For purpose of this chapter, the following definitions shall apply:
1. "Administrative Citation Fines" means a penalty to be paid in conjunction with issuance of an administrative citation for a violation of the municipal code.
2. "Administrative Penalty" means a penalty, separate from the administrative citation fine, assessed by the City Council for a violation of the municipal code.
3. "Business day" means a day on which the main operations of the City of Cupertino are open for business and does not mean any day on which only specialized functions are in operation, such as divisions of the city or its agents that operate on a 24/7 schedule.
4. "Enforcement officer" means any city employee or employee of a contracting agency or any agent of the city with the authority to enforce any provision of this municipal code, including, but not limited to, the City Manager, City AĴorney, Director of Finance of Administrative Services, Director of Community Development, Director of Parks and Recreation, Director of Public Works and any Sheriff, Animal Control Officer or Code Enforcement Officer.
5. "Hearing Officer" means any person designated by the City Manager to hear appeals of administrative citations. The Hearing Officer shall not be any enforcement officer or supervisor. The employment, performance evaluation, compensation and benefits of the Hearing Officer shall not be directly or indirectly conditioned upon the amount of administrative citation penalties upheld by the Hearing Officer.
6. "Responsible person" means any person who is in immediate control of the premises or activity which constitutes a violation of this municipal code and/or applicable statute, rule, code or regulation, the business owner, the property owner, and any person engaging in prohibited conduct. ….
555
CC 05-05-2026 Searchable Packet
555 of 650
2. Amendments to Chapter 2.20: City Clerk
2.20.020 Recordkeeping–Financial Status of City.
The duties now and hereafter imposed upon the City Clerk by State statute for the maintenance of accounting records readily reflecting the financial condition of the City are hereby transferred to the Director of Finance of Administrative Services, which office has been established by City ordinance and with the powers and duties thereof as defined by said ordinance.
3. Amendments to Chapter 2.24: City Treasurer
2.24.020 Payment Procedure.
The Treasurer shall pay out all moneys owed by the City including obligations incurred by improvement bonds thereof on certification of the Director of Finance of Administrative Services that such are due and owing. All payments, transfers or withdrawals of City moneys shall be by checks signed by the Mayor and Treasurer. In the event that the Mayor or Treasurer is are not longer available, then the Vice-Mayor and/or the Treasurer’s designee are authorized to sign in their place. A facsimile signature may be used.
4. Amendments to Chapter 2.48: Departmental Organization
2.48.020 Departments and Divisions.
The following departments are established:
A. Department of Finance. of Administrative Services.
1. This department shall consist of the following divisions:
a. Accounting Division. This division shall be responsible for the day-to-day processing of fiscal records, maintenance of the City’s general ledger, preparation of financial statements, coordination of the annual audit, and ensuring compliance with applicable accounting standards and reporting requirements. b. Budget Division. This division shall be responsible for the preparation and administration of the annual operating and capital budgets, long-range financial planning, monitoring of 556
CC 05-05-2026 Searchable Packet
556 of 650
revenues and expenditures, and the preparation of financial analyses and reports.
c. Purchasing Division. This division shall be responsible for the administration and oversight of the City’s procurement
processes, including the development and implementation of purchasing policies and procedures, coordination of formal solicitations, ensuring compliance with applicable laws and regulations, while also supporting grant management. This hybrid approach requires purchasing activities to be carried out by departments, with the Purchasing Division providing
guidance, review, and oversight to promote consistency, efficiency, and accountability.
a. Finance Division. This division shall be responsible for the dayto-day processing of fiscal records, the preparation of financial statements and the annual operating budget, the compilation of fiscal data from which a capital improvements budget may be constructed, and the preparation of other statistical and fiscal analysis.
b. Human Resources Division. This division shall be responsible for code enforcement, personnel, disaster preparedness, risk management and special projects.
2. The Director of Finance of Administrative Services shall be head of this department, the Finance Manager being responsible for all divisions within the Department. activities within the Finance Accounting Division., and the Personnel Officer being responsible for activities within the Human Resources Division.
3. The Director of Finance of Administrative Services also shall be appointed Treasurer and also shall act as ex officio Assessor and shall assess and collect all City taxes save and except for those collected by State and County officers for the City.
5. Amendments to Chapter 2.88: Audit CommiĴee
557
CC 05-05-2026 Searchable Packet
557 of 650
2.88.110 City Staff Assistance.
The Audit Committee shall have available to it such assistance of City staff as may be required to perform its functions, the staff assignments and administrative procedures to be under the general direction and supervision of the Director of Finance. of Administrative Services.
6. Amendments to Chapter 3.12: Transient Occupancy Tax
3.12.020 Definitions.
Except where the context otherwise requires, the definitions given in this section govern the construction of this chapter:
A. “Person” means any individual, firm, partnership, joint venture, association, social club, fraternal organization, joint stock company, corporation, estate, trust, business trust, receiver, trustee, syndicate, or any other group or combination acting as a unit;
B. “Hotel” means any structure, or any portion of any structure, which is occupied or intended or designed for short-term occupancy by transients for dwelling, lodging or sleeping purposes, and includes any hotel, inn, tourist home or house, motel, studio hotel, bachelor hotel, lodging house, rooming house, apartment house, dormitory, public or private club, mobile home or house trailer at a fixed location, or other similar structure or portion thereof; C. “Occupancy” means the use or possession, or the right to the use or possession of any room or rooms or portion thereof, in any hotel for dwelling, lodging or sleeping purposes;
D. “Transient” means any person who exercises occupancy or is entitled to occupancy by reason of concession, permit, right of access, license or other agreement for a period of thirty consecutive calendar days or less, counting portions of calendar days as full days. Any such person so occupying space in a hotel shall be deemed to be a transient until the period of thirty days has expired unless there is an agreement in writing between the operator and the occupant providing for a longer period of occupancy. In determining whether a person is a transient, uninterrupted periods of time extending both prior and subsequent to the effective date of the ordinance codified 558
CC 05-05-2026 Searchable Packet
558 of 650
herein may be considered. “Transient” includes persons who book accommodations through internet-based/social hosting platforms; E. “Rent” means the consideration charged, whether or not received, for the occupancy of space in a hotel valued in money, whether to be received in money, goods, labor or otherwise, including all receipts, cash, credits and property and services of any kind or nature, without any deduction therefrom whatsoever;
F. “Operator” means the person who is proprietor of the hotel, whether in the capacity of owner, lessee, sublessee, mortgagee in possession, licensee, or any other capacity. Where the operator performs his functions through a managing agent of any type or character other than an employee, the managing agent shall also be deemed an operator for the purposes of this chapter and shall have the same duties and liabilities as his principal.
Compliance with the provisions of this chapter by either the principal or the managing agent shall, however, be considered to be compliance by both; G. “Tax Administrator” means the City’s Director of Finance of Administrative Services or designee.
H. “Hosting platform” means a person, legal entity or an association of individuals that provide a means, which may or may not be internet- based, through which a short-term rental is offered to the public, in exchange for a fee or other compensation. A hosting platform generally has the following aĴributes: allows a host to advertise a short- term rental, and provides a means to arrange and enter into agreements to occupy short-term rentals, whether payment of rent is made directly to the host or through the hosting platform.
7. Amendments to Chapter 3.38: Clean Water and Storm Protection Fee
3.38.020 Definitions.
A. “City” means and includes all territory lying within the municipal boundaries of the City of Cupertino as presently existing plus all territory which may be added thereto during the effect term of the ordinance codified herein.
559
CC 05-05-2026 Searchable Packet
559 of 650
B. “Condominium” means a parcel that is an individually-owned single residential unit aĴached to an undivided or joint ownership of the remaining portion of the property. The “Condominium 1" category refers to a condominium complex where each residential unit has no other units above or below it. The “Condominium 2+” refers to a condominium complex where residential units are built above or below other residential units.
C. “Director of Public Works” means the Director of Public Works and his/her duly authorized agents and representatives.
D. “Fee Report” means the report prepared by SCI Consulting Group dated February 2019 which was approved by the City Council on March 5, 2019 in Section 2 of Resolution No. 19-022. The Fee Report sets forth the rate structure and methodology of apportionment of the fee to various categories of parcels and shall be the basis for the Clean Water and Storm Protection Fee.
E. “Director of Administrative Services” means the Director of Administrative Services of the City of Cupertino and his/her duly authorized agents and representatives.
F. “Impervious Area” means any part of any parcel that has been modified by the action of any person in a manner which reduces the land’s natural ability to absorb and hold storm and surface water. This includes, but is not limited to, activities such as: grading of property, the creation of any hard surface area which either prevents or retards the entry of water into the soil mantle, or the hardening of an existing surface which causes water to flow at an increased rate. Common impervious areas include, but are not limited to, roof tops, walk-ways, patios, driveways, parking lots or storage areas, concrete or asphalt paving, gravel roads, or any cleared, graded, paved, graveled, or compacted surface or paved earthen materials used for vehicular travel, or areas covered with surfaces which similarly impede the natural infiltration of surface water into soil mantle. Impervious area can be expressed as a percentage of a parcel’s total size.
G. “Maintenance and operation” means the administration, operation, maintenance and repair of any facility in the City’s storm drain system, including, but not limited to:
560
CC 05-05-2026 Searchable Packet
560 of 650
1. Items ordinarily recognized as capital items (e.g., acquisition of interests in land) when reasonably necessary to support operations;
2. Street sweeping, catch basin cleaning, and capture and removal of trash from the storm drain system;
3. Replacement of portions of existing facilities damaged or destroyed as a result of accident or natural disasters or found to be of inadequate size or condition;
4. Damages or settlements paid in the course of, or because of, threatened or actual legal actions related to the City’s storm drain system or nonpoint source program;
5. Regional monitoring, permit fees, public education and awareness programs regarding the City’s storm drain system and the City’s nonpoint source program;
6. Management of the City’s non-point source program including, but not limited to, BMP manuals, public outreach, printed materials, City staff and legal costs related thereto.
H. “Multi-Family Residential” means parcels improved or used for a residence for five or more families living independently of each other and doing their own cooking and which is not separately assessed by the county tax assessor for each such family dwelling. This term is synonymous with “apartment.” I. “Open Space” means land that is substantially in a natural condition and includes agricultural or other lands that demonstrate storm water absorption equal to or greater than natural conditions.
J. “Parcel” means a unit of land which is designated by the tax assessor of Santa Clara County for property tax purposes.
K. “Rate Category” means a group of parcels that are of similar imperviousness characteristics and are charged the same rate. Single-Family Residential Parcels are categorized by size; Non-Single- Family Parcels are categorized by impervious percentage ranges.
L. “Single-Family Residential” means parcels, other than multi-family parcels, improved or used solely as a residence for one, two, three or four families living separately in separate dwelling units.
M. “Storm drainage system” means any pipe, conduit, or sewer of the City designed or used for the collection, conveyance and management of storm and surface waters and drainage including unpolluted cooling water and 561
CC 05-05-2026 Searchable Packet
561 of 650
unpolluted industrial process water but excluding any community sanitary sewer system.
N. “Vacant (developed)” means a parcel which has been altered from its natural condition through grading or compaction activity or in another manner which reduces the land’s natural ability to absorb and hold storm and surface water without any structure existing upon it.
3.38.150 Fiscal accountability.
A. The City shall retain an independent auditor to conduct an annual audit of the Clean Water and Storm Protection Fee and environmental management/clean creeks fund as part of its comprehensive annual financial report. The auditor shall include an accounting of the revenue received from the fee and expenditures thereof in the audited financial statements. The auditor’s report shall be presented to the City Council and made available to the public. The Director of Finance of Administrative Services or the Director of Public Works shall prepare and present to the City Council an annual report in conjunction with the annual audit that reviews the status and performance of the programs, services and projects funded wholly or partially with proceeds of the Clean Water and Storm Protection Fee.
B. The specific purpose of the Clean Water and Storm Protection fee established pursuant to this chapter is to derive fee revenue, which shall only be used for the acquisition, construction, reconstruction, maintenance, and operation of the storm drainage system of the City or related green infrastructure or other activities required by the City’s NPDES permits, to repay principal and interest on any bonds which may hereafter be issued for said purposes, to repay loans or advances which may hereafter be made for said purposes, and for any other purpose set forth in Section 3.38.160.
C. The Clean Water and Storm Protection fee is imposed pursuant to Articles XIII C and D of the California Constitution, Government Code Sections 38900 - 38901 and 53755 - 53756, and Health and Safety Code Section 5471 - 5473.11.
D. Proceeds from the Clean Water and Storm Protection fee will be deposited in the “environmental management/clean creeks fund” created by Section
3.36.170 of Chapter 3.36 of the Municipal Code (Storm Drainage Service 562
CC 05-05-2026 Searchable Packet
562 of 650
Charge) as the “storm drainage service charge fund” and subsequently renamed, and may be comingled with the revenues of the City’s storm drainage service charge because they are authorized to be used for the same purposes.
563
CC 05-05-2026 Searchable Packet
563 of 650
CITY OF CUPERTINO
Agenda Item
25-14125 Agenda Date: 5/5/2026
Agenda #: 20.
Subject: Introduction of an ordinance to make minor revisions to the Municipal Code amending Chapter 2.04 (Chapter 2.04: City Council-Election and Meetings): Section 2.04.020 Special Meetings; Chapter 3.23 (Public Works Contract and Bidding Procedures): Section 3.23.020 (Definitions) to align with AB 2192; Chapter 5.04 (Business Licenses Generally): Section 5.04.480 (Appeal Procedure); Chapter 5.32 (BINGO): Section 5.32.130 (Total Value of Prizes); Chapter 11.28 (Abandoned, Wrecked, Inoperative Vehicles): Sections 11.28.010 (Definitions) and 11.28.050 (Sale of Merchandise); Chapter
13.04 (Parks): Sections 13.04.130 (Behavior of Persons in Parks) and 13.04.180 (Advertising and Sale Restrictions); and Chapter 16.52 (Prevention of Flood Damage): Sections 16.52.011 (Lands to Which this Chapter Applies) and 16.52.053 (Standards for Manufactured Homes).
Introduce and conduct the first reading of Ordinance No. 26-2284: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING MUNICIPAL CODE SECTIONS 2.04.020, 3.23.020,
5.04.480, 5.32.130, 11.28.010, 11.28.050, 13.04.130, 13.04.180, 16.52.011, AND 16.52.053." CITY OF CUPERTINO Page 1 of 1 Printed on 4/29/2026
powered by Legistar™564
CC 05-05-2026 Searchable Packet
564 of 650
CITY MANAGER’S OFFICE
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3212
CUPERTINO.GOV
CITY COUNCIL STAFF REPORT
Meeting: May 5, 2026
Subject
Introduction of an ordinance to make minor revisions to the Municipal Code amending Chapter 2.04 (Chapter 2.04: City Council–Election and Meetings): Section 2.04.020 Special Meetings; Chapter 3.23 (Public Works Contract and Bidding Procedures): Section 3.23.020 (Definitions) to align with AB 2192; Chapter 5.04 (Business Licenses Generally): Section
5.04.480 (Appeal Procedure); Chapter 5.32 (BINGO): Section 5.32.130 (Total Value of Prizes); Chapter 11.28 (Abandoned, Wrecked, Inoperative Vehicles): Sections 11.28.010 (Definitions) and 11.28.050 (Sale of Merchandise); Chapter 13.04 (Parks): Sections
13.04.130 (Behavior of Persons in Parks) and 13.04.180 (Advertising and Sale Restrictions); and Chapter 16.52 (Prevention of Flood Damage): Sections 16.52.011 (Lands to Which this Chapter Applies) and 16.52.053 (Standards for Manufactured Homes).
Recommended Action
Introduce and conduct the first reading of Ordinance No. 26-___: "AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING MUNICIPAL CODE SECTIONS 2.04.020, 3.23.020, 5.04.480, 5.32.130, 11.28.010, 11.28.050, 13.04.130, 13.04.180,
16.52.011, AND 16.52.053.
Reasons for Recommendation
The City periodically adopts minor amendments to the Cupertino Municipal Code to reflect changes in law, provide clarification to the community, and provide for improved administration of City business. Attachment A presents the proposed amendments to the Municipal Code. The following changes to the Cupertino Municipal Code are recommended:
1. 2.04.020 – Special Meetings. State law update. Minor revisions to Section 2.04.020 (Special Meetings) to align with Government Code § 54956 and ensure consistency with current notice and waiver requirements.
o Section 2.04.020: Clarifies requirements for written notice and waiver provisions.
2. Chapter 3.23 – Public Works Contract and Bidding Procedures. State law update.
Minor revisions to Section 3.23.020 (Definitions) to align with AB 2192 and ensure consistency with state law and current contracting practices. 565
CC 05-05-2026 Searchable Packet
565 of 650
o Section 3.23.020(4)(A): Adds “installation” to the list of activities included in the definition of “public works project.”
3. Chapter 5.04 – Business Licenses Generally. Minor revisions to Section 5.04.480 (Appeal Procedure) to clarify and standardize the business license appeal process. o Section 5.04.480(A): Specifies appeals must be filed within fourteen calendar days of the Collector’s written decision.
o Section 5.04.480(C): Revises hearing timing language to require hearings within 30 days of filing unless impracticable, in which case they shall be held at the earliest opportunity.
4. Chapter 5.32 – BINGO. State law update. Minor revisions to Section 5.32.130 (Total Value of Prizes) to align with California Penal Code Section 326.5 and clarify prize limits for bingo games.
o Section 5.32.130: Revises the maximum total value of prizes awarded per bingo game to five hundred dollars ($500) in cash or in kind, or both.
5. Chapter 11.28 – Abandoned, Wrecked, Inoperative Vehicles. Minor revisions to Sections 11.28.010 (Definitions) and 11.28.050 (Sale of Merchandise) to add a new definition and remove a location-specific restriction on sales. o Section 11.28.010(G): Adds definition of “stationary mobile equipment.” o Section 11.28.050: Removes language prohibiting the sale of merchandise, fruits, or vegetables from stationary mobile equipment on private property abutting a public street where traffic flow may be affected.
6. Chapter 13.04 – Parks. Minor revisions to Sections 13.04.130 (Behavior of Persons in Parks) and 13.04.180 (Advertising and Sale Restrictions) to improve clarity and consistency of existing regulations.
o Section 13.04.130(A): Replaces “waterfowl (geese, ducks, or coots)” with “wildlife” in the prohibition on feeding animals in City parks. o Section 13.04.180(A)(1) and (B): Replaces “article or thing” with “article, thing, or service” and “and ‘he’ with ‘any person’” to modernize and clarify language in provisions governing sale, display, advertising, and related restrictions in parks and within 500 feet of park boundaries on public streets.
7. Chapter 16.52 – Prevention of Flood Damage. Federal compliance update (FEMA CRS / NFIP). Minor revisions to Sections 16.52.011 (Lands to Which this Chapter Applies) and 16.52.053 (Standards for Manufactured Homes) to update floodplain regulations and maintain consistency with federal and state requirements. o Section 16.52.011: Updates Flood Insurance Study references to include Santa Clara County and Incorporated Areas and allows future revisions or republications without additional code amendments.
566
CC 05-05-2026 Searchable Packet
566 of 650
o Section 16.52.053 (B and B.2): Removes introductory “either” language and deletes the alternative manufactured home elevation standard allowing chassis supported by reinforced piers or equivalent foundation elements at least 36 inches above grade, leaving a single compliance pathway.
Sustainability Impact
No sustainability impact.
Fiscal Impact
No fiscal impact.
City Work Program Item/Description
N/A
Council Goal
Public Engagement and Transparency, Quality of Life
California Environmental Quality Act
The adoption of the proposed Ordinance is not a project under the requirements of the California Environmental Quality Act, Public Resources Code Section 21000 et. seq., and the State CEQA Guidelines, California Code of Regulations Section 15000 et. seq. (collectively, "CEQA"), because it has no potential for resulting in physical change in the environment. Even if the project were found to be a project under CEQA, it would be subject to the CEQA exemption contained in CEQA Guidelines section 15061(b)(3) because it can be seen with certainty to have no possibility that the action approved may have a significant effect on the environment. CEQA applies only to actions which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. In this circumstance, the proposed action, the adoption of proposed Ordinance, would have no or only a de minimis effect on the environment because it makes only minor, primarily nonsubstantive changes to the Municipal Code that will have no impact on the physical environment.
_____________________________________
Prepared by: Kirsten Squarcia, Deputy City Manager
Reviewed by: Michael Woo, Senior Assistant City Attorney Approved for Submission by: Tina Kapoor, City Manager
Attachments:
A - Draft Ordinance (Redline)
B – Draft Ordinance (Clean)
567
CC 05-05-2026 Searchable Packet
567 of 650
568
CC 05-05-2026 Searchable Packet
568 of 650
1 ORDINANCE NO. 26-____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING MUNICIPAL CODE SECTIONS 2.04.020, 3.23.020, 5.04.480, 5.32.130,
11.28.010, 11.28.050, 13.04.130, 13.04.180, 16.52.011, 16.52.053 The City Council of the City of Cupertino finds that:
1. The City Code of the City of Cupertino requires periodic updates in order to improve City operations and bring the Code up to date with current law and policy.
2. This Ordinance makes minor updates and minor technical revisions to the Cupertino Municipal Code to reflect changes in law, provide clarification to the community, and provide for improved customer service and administration of City business.
NOW, THEREFORE, THE CITY COUNCIL OF THE OF CITY OF CUPERTINO DOES ORDAIN AS FOLLOWS:
SECTION 1. Adoption.
The Cupertino Municipal Code is hereby amended as set forth in Attachment A.
SECTION 2: Severability and Continuity.
The City Council declares that each section, sub-section, paragraph, sub-paragraph, sentence, clause and phrase of this ordinance is severable and independent of every other section, sub-section, paragraph, sub-paragraph, sentence, clause and phrase of this ordinance. If any section, sub-section, paragraph, sub-paragraph, sentence, clause or phrase of this ordinance is held invalid, or its application to any person or circumstance, be determined by a court of competent jurisdiction to be unlawful, unenforceable or otherwise void, the City Council declares that it would have adopted the remaining provisions of this ordinance irrespective of such portion, and further declares its express intent that the remaining portions of this ordinance should remain in effect after the invalid portion has been eliminated. To the extent the provisions of this Ordinance are substantially the same as previous provisions of the Cupertino Municipal Code, these provisions shall be construed as continuations of those provisions and not as an amendment to or readoption of the earlier provisions.
569
CC 05-05-2026 Searchable Packet
569 of 650
Ordinance No. 26-____
Attachment A - Page 2
SECTION 3: California Environmental Quality Act.
This Ordinance is not a project under the requirements of the California Environmental Quality Act, together with related State CEQA Guidelines (collectively, “CEQA”) because it has no potential for resulting in physical change in the environment. In the event that this Ordinance is found to be a project under CEQA, it is subject to the CEQA exemption contained in CEQA Guidelines section 15061(b)(3) because it can be seen with certainty to have no possibility that the action approved may have a significant effect on the environment. CEQA applies only to actions which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. In this circumstance, the proposed action would have no or only a de minimis effect on the environment. The foregoing determination is made by the City Council in its independent judgment.
SECTION 4: Effective Date.
This Ordinance shall take effect thirty days after adoption as provided by Government Code Section 36937.
SECTION 5: Publication.
The City Clerk shall give notice of adoption of this Ordinance as required by law.
Pursuant to Government Code Section 36933, a summary of this Ordinance may be prepared by the City Clerk and published in lieu of publication of the entire text. The City Clerk shall post in the office of the City Clerk a certified copy of the full text of the Ordinance listing the names of the City Council members voting for and against the ordinance.
INTRODUCED at a regular meeting of the Cupertino City Council on May 5, 2026 and ENACTED at a regular meeting of the Cupertino City Council on ______, 2026 by the following vote:
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
570
CC 05-05-2026 Searchable Packet
570 of 650
Ordinance No. 26-____
Attachment A - Page 3
SIGNED:
______________________
Kitty Moore, Mayor
City of Cupertino
________________________
Date
ATTEST:
_______________________
Lauren Sapudar, City Clerk
________________________
Date
APPROVED AS TO FORM:
_______________________
Floy Andrews, Interim City Attorney
Aleshire & Wynder, LLP
________________________
Date
571
CC 05-05-2026 Searchable Packet
571 of 650
Attachment A –
Amendments To Municipal Code Sections 2.040.020, 3.23.020, 5.04.480, 5.32.130,
11.28.010, 11.28.050, 13.04.130, 13.04.180, 16.52.011, 16.52.053
1. Amendment to Chapter 2.04 (City Council–Election and Meetings): Section 2.04.020 (Special Meetings)
2.04.020 Special Meetings.
Special meetings may be called at any time by the mayor or by three members of the City Council by delivering personally or by mail written notice to each member of the City Council and to each local newspaper of general circulation, radio and television station requesting notice in writing. The notice shall be delivered personally or by mail and be received at least twenty-four hours before the time of the meeting as specified in the notice. The call and notice shall specify the time and place of the special meeting and the business to be transacted or discussed. No other business shall be considered at these meetings. The written notice may also be dispensed with as to any member of the City Council who at or prior to the time the meeting convenes, files with the City Clerk a written waiver of notice. The waiver may be given by telegram. The written notice may also he be dispensed with as to any member of the City Council who is actually present at the meeting at the time it convenes.
2. Amendment to Chapter 3.23 (Public Works Contract and Bidding Procedures): Section
3.23.020 (Definitions)
3.23.020 Definitions.
As used in this Chapter, the following terms, phrases, words and their derivations shall have the meanings given in this section:
1. “Bid” means any monetary bid submitted to the City in competitive bidding for the construction, alteration, repair or improvement of any structure, building, road or other improvement of any kind.
2. “Lowest responsible bidder” means the lowest monetary bidder who has demonstrated the attribute of trustworthiness as well as quality, fitness, capacity and experience to satisfactorily perform the public works contract sought.
3. “Public works contract” means an agreement for the erection, construction, alteration, repair or improvement of any public structure, building, road or other public improvement of any kind.
4. “Public works project” means any of the following:
a. Construction, reconstruction, erection, alteration, renovation, improvement, demolition, installation and repair work involving any publicly owned, leased, or operated facility;
572
CC 05-05-2026 Searchable Packet
572 of 650
Ordinance No. 26-____
Attachment A - Page 2
b. Painting or repainting of any publicly owned, leased, or operated facility; c. In the case of a publicly owned utility system, “public project” shall include only the construction, erection, improvement, or repair of dams, reservoirs, powerplants, and electrical transmission lines of 230,000 volts and higher.
3. Amendments to Chapter 5.04 (Business Licenses Generally): Section 5.04.480 (Appeal Procedure)
5.04.480 Appeal Procedure.
A. Any person, applicant, or licensee may appeal any decision of the Collector under this chapter to the City Council. Any person so aggrieved may appeal by filing a written notice of appeal with the City Clerk within fourteen calendar days from the date the Collector issues his/her decision in writing.
B. An appeal not filed within such time shall be barred. The appeal shall state the grounds thereof.
C. Upon receipt of an appeal, a date for hearing before City Council shall be set and will be held within thirty days from the date of filing of the appeal unless impracticable, in which case it shall be held at the earliest opportunity.
D. The City Clerk shall give notice to such person who files an appeal of the time and place of hearing by serving it personally or by depositing it in the United States Post Office at Cupertino, California, postage prepaid, addressed to such person at her/his last known address.
E. The City Council shall have authority to determine all questions raised on appeal; provided, however, that no such determination shall conflict with any substantive provision of the chapter.
4. Amendments to Chapter 5.32 (BINGO): Section 5.32.130 (Total Value of Prizes)
5.32.130 Total Value of Prizes.
The total value of prizes awarded during the conduct of any bingo games shall not exceed two hundred and fiftyfive hundred dollars ($500) in cash or kind, or both, for each separate game which is held.
5. Amendments to Chapter 11.28 (Abandoned, Wrecked, Inoperative Vehicles): Sections
11.28.010 (Definitions) and 11.28.050 (Sale of Merchandise)
11.28.010 Definitions.
The following words and phrases when used in this chapter shall have the meanings set forth in this section:
573
CC 05-05-2026 Searchable Packet
573 of 650
Ordinance No. 26-____
Attachment A - Page 3
A. “Camp car” means a vehicle with or without motive power which is designed for human habitation and which contains plumbing, heating or electrical equipment.
B. “Commercial vehicle” means any vehicle or part thereof required to be registered under the State of California Vehicle Code, which is used or maintained for the transportation of persons for hire, compensation, or profit, or designed, used or maintained primarily for the transportation of property, except passenger vehicles and house cars.
C. “Mobile home” means a vehicle, other than a motor vehicle, designed or used as semipermanent housing, designed for human habitation, for carrying persons and property on its own structure and for being drawn by a motor vehicle, and shall include a trailer coach.
D. “Oversized vehicle” shall mean any camp trailer, camper, fifth wheel travel trailer, house car, mobile home, trailer coach, or recreational vehicle as defined in California Vehicle Code Sections 242, 243, 324, 362, 396, 635 and California Health and Safety Code Section 18010. Additionally, any motorized vehicle, or combination of motorized and/or non-motorized vehicle(s), as defined in California Vehicle Code Section 670, in excess of 22 feet in length, and/or 6 feet in width and 7 feet in height, will also be considered an “oversized vehicle” for purposes of this chapter.
E. “Park” means to stand or leave standing any vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in the loading or unloading of passengers or materials.
F. “Public streets” means all streets, lanes, places, avenues and portions thereof, including extensions in length and width, which have been dedicated by the owners thereof to public use, acquired for public use, or in which a public easement exists.
G. “Stationary mobile equipment” means any equipment, including vehicle(s), used in activities with or without involvement from members of the public, which are not actively moving during use.
G.H. “Truck trailer” means a commercial vehicle without motive power designed to be drawn by a truck.
H.I.“Vehicle” means any boat, bus, trailer, motor home, van, camper (whether or not attached to a pickup or other vehicle), camp trailer, mobile home, motorcycle, automobile, truck, pickup, airplane, haul trailer, truck tractor, truck trailer, utility trailer, or parts thereof, or any device by which any person or property may be propelled, moved or drawn upon a public street, excepting a device moved exclusively by human power.
11.28.050 Sale of Merchandise.
574
CC 05-05-2026 Searchable Packet
574 of 650
Ordinance No. 26-____
Attachment A - Page 4
It is unlawful for any person or persons to sell merchandise, fruits, or vegetables from any stationary mobile equipment on any public street within the city or on any private land abutting a public street wherein the traffic flow might be affected.
6. Amendments to Chapter 13.04 (Parks): Sections 13.04.130 (Behavior of Persons in Parks) and
13.04.180 (Advertising and Sale Restrictions)
13.04.130 Behavior of Persons in Parks.
No person in a park shall do any of the following:
A. Bring to a park any alcoholic beverages, and no person may drink alcoholic beverages at any time in a park, except picknickers, who may bring to a park, and drink, beer or wine with their picnic meal, so long as they conduct themselves in an orderly manner;
B. Enter or remain in a park while under the influence of intoxicating liquor or any drug;
C. Have brought, or have in his possession, or set off, or otherwise cause to explode or discharge or burn, any firecrackers, torpedoes, rockets, or other fireworks or explosives of inflammable material, or discharge them or throw them into any such area from land or any highway adjacent thereto. This prohibition includes any substance, compound, mixture or article that, in conjunction with any other substance or compound would be dangerous from any of the foregoing standpoints;
D. No person having the control or care of any dog, shall suffer or permit such dog to enter or remain in a park or sport field, unless posted for such use, and then only if it is led by a leash of suitable strength not more than six feet in length, unless it is permitted to be off-leash by the City as part of a City-authorized event or program; and the owner and the attendant shall be responsible for any damage caused, in any event, by such dog, even if on leash; E. Lead, ride, drive, keep or let loose any animal, reptile or fowl of any kind, without a permit to do so from the Director of parks and recreation; F. Make or kindle a fire for any purpose, except at places provided for such purpose, unless prior special permission be obtained therefor from the Director; G. Enter an area posted as “Closed to the Public,” and no person shall use, or abet the use of, any area in violation of posted notices;
H. Play or bet at or against any game which is played, conducted, dealt, or carried on for money, chips, shell, credit or any other representative of value, or maintain or exhibit any gambling table or other instrument of gambling or gaming, or play any game prohibited by any other ordinance of the City; 575
CC 05-05-2026 Searchable Packet
575 of 650
Ordinance No. 26-____
Attachment A - Page 5
I. Sleep, or protractedly lounge, on the seats, benches, or other areas, or engage in loud, boisterous, threatening, abusive, insulting, or indecent language, or engage in any disorderly conduct or behavior tending to a breach of the public peace; J. Use, carry, or possess firearms of any description, or air rifles, spring guns, bow and arrows, slings or any other forms of weapons potentially dangerous to wild life or to human safety. Shooting into park areas from beyond park boundaries is prohibited;
K. Solicit alms or contributions for any purpose, whether public or private, without prior permission from the City Council;
L. Use or allow the use of powered model airplanes or drones except in areas so designated by the department of parks and recreation;
M. Play or practice golf or use golf clubs in any area of the park not designated for such use;
N. Indulge in riotous, boisterous, threatening or indecent conduct.
O. No person shall skate or rollerblade in a manner that causes damage to park amenities or threatens the safety or well being of park patrons. Skating or rollerblading is prohibited on raised surfaces where signed.
P. Feeding Waterfowl Prohibited. No person shall feed or in any manner intentionally provide food to any waterfowl (geese, ducks, or coots)wildlife in any City park.
13.04.180 Advertising and Sale Restrictions.
A. Unless in compliance with Chapter 5.48, no person in a park shall, without prior permission from the City Council, do any of the following:
1. Expose or offer for sale any article, orthing, or service, nor shall he any person station or place any stand, cart or vehicle for the transportation, sale or display of any such article, or thing, or service;
2. Announce, advertise or call the public attention in any way to any article or service for sale or hire;
3. Paste, glue, tack or otherwise post any sign, placard, advertisement or inscription.
B. In addition, in order to insure the public safety, health and general welfare, unless in compliance with Chapter 5.48, no person shall expose or offer for sale any article, or thing, or service, nor shall he any person station or place any stand, cart or vehicle for the sale or display of any article, or thing, or service, on a public street, within five hundred feet in a straight line from the nearest boundary of any park.
7. Amendments to Chapter 16.52 (Prevention of Flood Damage): Sections 16.52.011 (Lands to Which this Chapter Applies) and 16.52.053 (Standards for Manufactured Homes) 576
CC 05-05-2026 Searchable Packet
576 of 650
Ordinance No. 26-____
Attachment A - Page 6
16.52.011 Lands to Which this Chapter Applies.
This chapter shall apply to all areas of special flood hazards within the jurisdiction of the City of Cupertino.
The Special Flood Hazard Area identified by the Federal Insurance Emergency Management Administration in a scientific and engineering report entitled “The Flood Insurance Study for the City of CupertinoSanta Clara County, California and Incorporated Areas,” dated November, 1979May 18, 2009, or any later revisions or republications of the report, and as amended from time to time, with accompanying Flood Insurance Rate Maps as amended from time to time, is adopted by reference and declared to be a part of this chapter. The Flood Insurance Study is on file in the Department of Public Works.
16.52.053 Standards for Manufactured Homes.
A. All manufactured homes that are placed or substantially improved, on sites located: (1) outside of a manufactured home park or subdivision; (2) in a new manufactured home park or subdivision; (3) in an expansion to an existing manufactured home park or subdivision; or (4) in an existing manufactured home park or subdivision upon which a manufactured home has incurred “substantial damage” as the result of a flood, shall:
1. Within Zones A1-30, AH, and AE on the community’s Flood Insurance Rate Map, be elevated on a permanent foundation such that the lowest floor of the manufactured home, including any basement, machinery, and/or equipment floor, is elevated to one foot or more above the base flood elevation and be securely fastened to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.
B. All manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within Zones A1-30, AH, and AE on the community’s Flood Insurance Rate Map that are not subject to the provisions of Section 16.52.053.A will be securely fastened to an adequately anchored foundation system to resist flotation, collapse, and lateral movement, and be elevated so that either the:
1. Lowest floor of the manufactured home, including any basement, machinery, and/or equipment floor, is at one foot or more above the base flood elevation.; or
2. Manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade.
Upon the completion of the structure, the elevation of the lowest floor, including any basement, machinery, and/or equipment floor, shall be certified by a registered civil 577
CC 05-05-2026 Searchable Packet
577 of 650
Ordinance No. 26-____
Attachment A - Page 7
engineer or licensed land surveyor, and verified by the community building inspector to be properly elevated. Such certification and verification shall be provided to the Floodplain Administrator.
578
CC 05-05-2026 Searchable Packet
578 of 650
1 ORDINANCE NO. 26-____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING MUNICIPAL CODE SECTIONS 2.04.020, 3.23.020, 5.04.480, 5.32.130,
11.28.010, 11.28.050, 13.04.130, 13.04.180, 16.52.011, 16.52.053 The City Council of the City of Cupertino finds that:
1. The City Code of the City of Cupertino requires periodic updates in order to improve City operations and bring the Code up to date with current law and policy.
2. This Ordinance makes minor updates and minor technical revisions to the Cupertino Municipal Code to reflect changes in law, provide clarification to the community, and provide for improved customer service and administration of City business.
NOW, THEREFORE, THE CITY COUNCIL OF THE OF CITY OF CUPERTINO DOES ORDAIN AS FOLLOWS:
SECTION 1. Adoption.
The Cupertino Municipal Code is hereby amended as set forth in Attachment A.
SECTION 2: Severability and Continuity.
The City Council declares that each section, sub-section, paragraph, sub-paragraph, sentence, clause and phrase of this ordinance is severable and independent of every other section, sub-section, paragraph, sub-paragraph, sentence, clause and phrase of this ordinance. If any section, sub-section, paragraph, sub-paragraph, sentence, clause or phrase of this ordinance is held invalid, or its application to any person or circumstance, be determined by a court of competent jurisdiction to be unlawful, unenforceable or otherwise void, the City Council declares that it would have adopted the remaining provisions of this ordinance irrespective of such portion, and further declares its express intent that the remaining portions of this ordinance should remain in effect after the invalid portion has been eliminated. To the extent the provisions of this Ordinance are substantially the same as previous provisions of the Cupertino Municipal Code, these provisions shall be construed as continuations of those provisions and not as an amendment to or readoption of the earlier provisions.
579
CC 05-05-2026 Searchable Packet
579 of 650
Ordinance No. 26-____
Attachment A - Page 2
SECTION 3: California Environmental Quality Act.
This Ordinance is not a project under the requirements of the California Environmental Quality Act, together with related State CEQA Guidelines (collectively, “CEQA”) because it has no potential for resulting in physical change in the environment. In the event that this Ordinance is found to be a project under CEQA, it is subject to the CEQA exemption contained in CEQA Guidelines section 15061(b)(3) because it can be seen with certainty to have no possibility that the action approved may have a significant effect on the environment. CEQA applies only to actions which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. In this circumstance, the proposed action would have no or only a de minimis effect on the environment. The foregoing determination is made by the City Council in its independent judgment.
SECTION 4: Effective Date.
This Ordinance shall take effect thirty days after adoption as provided by Government Code Section 36937.
SECTION 5: Publication.
The City Clerk shall give notice of adoption of this Ordinance as required by law.
Pursuant to Government Code Section 36933, a summary of this Ordinance may be prepared by the City Clerk and published in lieu of publication of the entire text. The City Clerk shall post in the office of the City Clerk a certified copy of the full text of the Ordinance listing the names of the City Council members voting for and against the ordinance.
INTRODUCED at a regular meeting of the Cupertino City Council on May 5, 2026 and ENACTED at a regular meeting of the Cupertino City Council on ______, 2026 by the following vote:
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
580
CC 05-05-2026 Searchable Packet
580 of 650
Ordinance No. 26-____
Attachment A - Page 3
SIGNED:
______________________
Kitty Moore, Mayor
City of Cupertino
________________________
Date
ATTEST:
_______________________
Lauren Sapudar, City Clerk
________________________
Date
APPROVED AS TO FORM:
_______________________
Floy Andrews, Interim City Attorney
Aleshire & Wynder, LLP
________________________
Date
581
CC 05-05-2026 Searchable Packet
581 of 650
Attachment A –
Amendments To Municipal Code Sections 2.040.020, 3.23.020, 5.04.480, 5.32.130,
11.28.010, 11.28.050, 13.04.130, 13.04.180, 16.52.011, 16.52.053
1. Amendment to Chapter 2.04 (City Council–Election and Meetings): Section 2.04.020 (Special Meetings)
2.04.020 Special Meetings.
Special meetings may be called at any time by the mayor or by three members of the City Council by delivering written notice to each member of the City Council and to each local newspaper of general circulation, radio and television station requesting notice in writing. The notice shall be delivered at least twenty-four hours before the time of the meeting as specified in the notice. The call and notice shall specify the time and place of the special meeting and the business to be transacted or discussed. No other business shall be considered at these meetings. The written notice may also be dispensed with as to any member of the City Council who at or prior to the time the meeting convenes, files with the City Clerk a written waiver of notice. The written notice may also be dispensed with as to any member of the City Council who is actually present at the meeting at the time it convenes.
2. Amendment to Chapter 3.23 (Public Works Contract and Bidding Procedures): Section
3.23.020 (Definitions)
3.23.020 Definitions.
As used in this Chapter, the following terms, phrases, words and their derivations shall have the meanings given in this section:
1. “Bid” means any monetary bid submitted to the City in competitive bidding for the construction, alteration, repair or improvement of any structure, building, road or other improvement of any kind.
2. “Lowest responsible bidder” means the lowest monetary bidder who has demonstrated the attribute of trustworthiness as well as quality, fitness, capacity and experience to satisfactorily perform the public works contract sought.
3. “Public works contract” means an agreement for the erection, construction, alteration, repair or improvement of any public structure, building, road or other public improvement of any kind.
4. “Public works project” means any of the following:
a. Construction, reconstruction, erection, alteration, renovation, improvement, demolition, installation and repair work involving any publicly owned, leased, or operated facility;
b. Painting or repainting of any publicly owned, leased, or operated facility; 582
CC 05-05-2026 Searchable Packet
582 of 650
Ordinance No. 26-____
Attachment A - Page 2
c. In the case of a publicly owned utility system, “public project” shall include only the construction, erection, improvement, or repair of dams, reservoirs, powerplants, and electrical transmission lines of 230,000 volts and higher.
3. Amendments to Chapter 5.04 (Business Licenses Generally): Section 5.04.480 (Appeal Procedure)
5.04.480 Appeal Procedure.
A. Any person, applicant, or licensee may appeal any decision of the Collector under this chapter to the City Council. Any person so aggrieved may appeal by filing a written notice of appeal with the City Clerk within fourteen calendar days from the date the Collector issues his/her decision in writing.
B. An appeal not filed within such time shall be barred. The appeal shall state the grounds thereof.
C. Upon receipt of an appeal, a date for hearing before City Council shall be set within thirty days from the date of filing of the appeal unless impracticable, in which case it shall be held at the earliest opportunity.
D. The City Clerk shall give notice to such person who files an appeal of the time and place of hearing by serving it personally or by depositing it in the United States Post Office at Cupertino, California, postage prepaid, addressed to such person at her/his last known address.
E. The City Council shall have authority to determine all questions raised on appeal; provided, however, that no such determination shall conflict with any substantive provision of the chapter.
4. Amendments to Chapter 5.32 (BINGO): Section 5.32.130 (Total Value of Prizes)
5.32.130 Total Value of Prizes.
The total value of prizes awarded during the conduct of any bingo games shall not exceed five hundred dollars ($500) in cash or kind, or both, for each separate game which is held.
5. Amendments to Chapter 11.28 (Abandoned, Wrecked, Inoperative Vehicles): Sections
11.28.010 (Definitions) and 11.28.050 (Sale of Merchandise)
11.28.010 Definitions.
The following words and phrases when used in this chapter shall have the meanings set forth in this section:
583
CC 05-05-2026 Searchable Packet
583 of 650
Ordinance No. 26-____
Attachment A - Page 3
A. “Camp car” means a vehicle with or without motive power which is designed for human habitation and which contains plumbing, heating or electrical equipment.
B. “Commercial vehicle” means any vehicle or part thereof required to be registered under the State of California Vehicle Code, which is used or maintained for the transportation of persons for hire, compensation, or profit, or designed, used or maintained primarily for the transportation of property, except passenger vehicles and house cars.
C. “Mobile home” means a vehicle, other than a motor vehicle, designed or used as semipermanent housing, designed for human habitation, for carrying persons and property on its own structure and for being drawn by a motor vehicle, and shall include a trailer coach.
D. “Oversized vehicle” shall mean any camp trailer, camper, fifth wheel travel trailer, house car, mobile home, trailer coach, or recreational vehicle as defined in California Vehicle Code Sections 242, 243, 324, 362, 396, 635 and California Health and Safety Code Section 18010. Additionally, any motorized vehicle, or combination of motorized and/or non-motorized vehicle(s), as defined in California Vehicle Code Section 670, in excess of 22 feet in length, and/or 6 feet in width and 7 feet in height, will also be considered an “oversized vehicle” for purposes of this chapter.
E. “Park” means to stand or leave standing any vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in the loading or unloading of passengers or materials.
F. “Public streets” means all streets, lanes, places, avenues and portions thereof, including extensions in length and width, which have been dedicated by the owners thereof to public use, acquired for public use, or in which a public easement exists.
G. “Stationary mobile equipment” means any equipment, including vehicle(s), used in activities with or without involvement from members of the public, which are not actively moving during use.
H. “Truck trailer” means a commercial vehicle without motive power designed to be drawn by a truck.
I. “Vehicle” means any boat, bus, trailer, motor home, van, camper (whether or not attached to a pickup or other vehicle), camp trailer, mobile home, motorcycle, automobile, truck, pickup, airplane, haul trailer, truck tractor, truck trailer, utility trailer, or parts thereof, or any device by which any person or property may be propelled, moved or drawn upon a public street, excepting a device moved exclusively by human power.
11.28.050 Sale of Merchandise.
584
CC 05-05-2026 Searchable Packet
584 of 650
Ordinance No. 26-____
Attachment A - Page 4
It is unlawful for any person or persons to sell merchandise, fruits, or vegetables from any stationary mobile equipment on any public street within the city.
6. Amendments to Chapter 13.04 (Parks): Sections 13.04.130 (Behavior of Persons in Parks) and
13.04.180 (Advertising and Sale Restrictions)
13.04.130 Behavior of Persons in Parks.
No person in a park shall do any of the following:
A. Bring to a park any alcoholic beverages, and no person may drink alcoholic beverages at any time in a park, except picknickers, who may bring to a park, and drink, beer or wine with their picnic meal, so long as they conduct themselves in an orderly manner;
B. Enter or remain in a park while under the influence of intoxicating liquor or any drug;
C. Have brought, or have in his possession, or set off, or otherwise cause to explode or discharge or burn, any firecrackers, torpedoes, rockets, or other fireworks or explosives of inflammable material, or discharge them or throw them into any such area from land or any highway adjacent thereto. This prohibition includes any substance, compound, mixture or article that, in conjunction with any other substance or compound would be dangerous from any of the foregoing standpoints;
D. No person having the control or care of any dog, shall suffer or permit such dog to enter or remain in a park or sport field, unless posted for such use, and then only if it is led by a leash of suitable strength not more than six feet in length, unless it is permitted to be off-leash by the City as part of a City-authorized event or program; and the owner and the attendant shall be responsible for any damage caused, in any event, by such dog, even if on leash; E. Lead, ride, drive, keep or let loose any animal, reptile or fowl of any kind, without a permit to do so from the Director of parks and recreation; F. Make or kindle a fire for any purpose, except at places provided for such purpose, unless prior special permission be obtained therefor from the Director; G. Enter an area posted as “Closed to the Public,” and no person shall use, or abet the use of, any area in violation of posted notices;
H. Play or bet at or against any game which is played, conducted, dealt, or carried on for money, chips, shell, credit or any other representative of value, or maintain or exhibit any gambling table or other instrument of gambling or gaming, or play any game prohibited by any other ordinance of the City; I. Sleep, or protractedly lounge, on the seats, benches, or other areas, or engage in loud, boisterous, threatening, abusive, insulting, or indecent language, or engage in any disorderly conduct or behavior tending to a breach of the public peace; 585
CC 05-05-2026 Searchable Packet
585 of 650
Ordinance No. 26-____
Attachment A - Page 5
J. Use, carry, or possess firearms of any description, or air rifles, spring guns, bow and arrows, slings or any other forms of weapons potentially dangerous to wild life or to human safety. Shooting into park areas from beyond park boundaries is prohibited;
K. Solicit alms or contributions for any purpose, whether public or private, without prior permission from the City Council;
L. Use or allow the use of powered model airplanes or drones except in areas so designated by the department of parks and recreation;
M. Play or practice golf or use golf clubs in any area of the park not designated for such use;
N. Indulge in riotous, boisterous, threatening or indecent conduct.
O. No person shall skate or rollerblade in a manner that causes damage to park amenities or threatens the safety or well being of park patrons. Skating or rollerblading is prohibited on raised surfaces where signed.
P. Feeding Waterfowl Prohibited. No person shall feed or in any manner intentionally provide food to any wildlife in any City park.
13.04.180 Advertising and Sale Restrictions.
A. Unless in compliance with Chapter 5.48, no person in a park shall, without prior permission from the City Council, do any of the following:
1. Expose or offer for sale any article, thing, or service, nor shall any person station or place any stand, cart or vehicle for the transportation, sale or display of any such article, thing, or service;
2. Announce, advertise or call the public attention in any way to any article or service for sale or hire;
3. Paste, glue, tack or otherwise post any sign, placard, advertisement or inscription.
B. In addition, in order to insure the public safety, health and general welfare, unless in compliance with Chapter 5.48, no person shall expose or offer for sale any article, thing, or service, nor shall any person station or place any stand, cart or vehicle for the sale or display of any article, thing, or service, on a public street, within five hundred feet in a straight line from the nearest boundary of any park.
7. Amendments to Chapter 16.52 (Prevention of Flood Damage): Sections 16.52.011 (Lands to Which this Chapter Applies) and 16.52.053 (Standards for Manufactured Homes)
16.52.011 Lands to Which this Chapter Applies.
This chapter shall apply to all areas of special flood hazards within the jurisdiction of the City of Cupertino.
586
CC 05-05-2026 Searchable Packet
586 of 650
Ordinance No. 26-____
Attachment A - Page 6
The Special Flood Hazard Area identified by the Federal Emergency Management Administration in a scientific and engineering report entitled “The Flood Insurance Study for Santa Clara County, California and Incorporated Areas,” dated May 18, 2009, or any later revisions or republications of the report, and as amended from time to time, with accompanying Flood Insurance Rate Maps as amended from time to time, is adopted by reference and declared to be a part of this chapter. The Flood Insurance Study is on file in the Department of Public Works.
16.52.053 Standards for Manufactured Homes.
A. All manufactured homes that are placed or substantially improved, on sites located: (1) outside of a manufactured home park or subdivision; (2) in a new manufactured home park or subdivision; (3) in an expansion to an existing manufactured home park or subdivision; or (4) in an existing manufactured home park or subdivision upon which a manufactured home has incurred “substantial damage” as the result of a flood, shall:
1. Within Zones A1-30, AH, and AE on the community’s Flood Insurance Rate Map, be elevated on a permanent foundation such that the lowest floor of the manufactured home, including any basement, machinery, and/or equipment floor, is elevated to one foot or more above the base flood elevation and be securely fastened to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.
B. All manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within Zones A1-30, AH, and AE on the community’s Flood Insurance Rate Map that are not subject to the provisions of Section 16.52.053.A will be securely fastened to an adequately anchored foundation system to resist flotation, collapse, and lateral movement, and be elevated so that the:
1. Lowest floor of the manufactured home, including any basement, machinery, and/or equipment floor, is at one foot or more above the base flood elevation.
Upon the completion of the structure, the elevation of the lowest floor, including any basement, machinery, and/or equipment floor, shall be certified by a registered civil engineer or licensed land surveyor, and verified by the community building inspector to be properly elevated. Such certification and verification shall be provided to the Floodplain Administrator.
587
CC 05-05-2026 Searchable Packet
587 of 650
CITY OF CUPERTINO
Agenda Item
26-14936 Agenda Date: 5/5/2026
Agenda #: 21.
Subject: Revisions to City of Cupertino City Council Procedures Manual.
Consider suggested updates and adopt Resolution No 26-052, approving amendments to the City Council Procedures Manual.
CITY OF CUPERTINO Page 1 of 1 Printed on 4/29/2026
powered by Legistar™588
CC 05-05-2026 Searchable Packet
588 of 650
01276.0001 2122867.2 1
CITY ATTORNEY’S OFFICE
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3403
CUPERTINO.GOV
CITY COUNCIL STAFF REPORT
Meeting: May 5, 2026
Subject
Revisions to City of Cupertino City Council Procedures Manual Recommended Action:
Consider suggested updates and adopt Resolution No 26-____, approving amendments to the City Council Procedures Manual
Background
On February 7, 2023, the City Council adopted Resolution No. 23-021, approving the City of Cupertino Council Procedures Manual (the “Procedures Manual”).
The Procedures Manual includes rules and guidelines for communication, meeting management, decorum, and decision-making. The Procedures Manual was subsequently amended in March 2024 (Resolution No. 24-024) and again in March 2025 (Resolution Nos. 25-016 and 25-021).
During the City Council meeting on March 18, 2025, Mayor Liang Chao requested additional updates, which were not considered at the time. Many of those additional updates, as well as further suggested updates, are now presented here for Council consideration.
The current updates include the following.
Section 4.6, Undue Influence on Commissioners. This section pertains to Councilmember influence on commissions and individual commissioners, indicating that Councilmembers may attend commission meetings and speak during public comment, but they must: (a) state they are speaking in their personal capacity as a resident of the City, (b) refrain from deliberating or participating in the discussion, and (c) refrain from trying in influence the vote or lobbying commission members outside of meetings.
589
CC 05-05-2026 Searchable Packet
589 of 650
01276.0001 2122867.2
Section 5.1, Attendance and Remote Attendance. This change would add remote attendance to the Attendance section, adding requirements for when Councilmembers participate remotely in Council meetings pursuant to the traditional remote participation rule of Government Code section 54953(b). It would require a Councilmember to sign an affidavit attesting that (1) the remote location is fully open and accessible to the public and (2) the meeting agenda was posted at the remote location in a place visible to the public during the meeting.
It would also require the Councilmember to refrain from using a background cancelling filter if participating via an audio/video program, and at the start of the meeting state on the record whether any individuals of 18 years of age or older are present with them at the remote location. It would also require that Council agendas note if a Councilmember misses five or more meetings during a calendar year.
Section 5.3, Regional Bodies. This change would permit the Mayor to designate a temporary alternat when neither the assigned primary member nor the alternate member will be able to attend a regional body meeting.
Section 7.1, Future Agenda Items. This revised section provides that the City Manager will submit a quarterly update to Council on items requested by Councilmembers, know as the “TBD List,” which may also include a request to remove items. It retains the current method for adding to the TBD List, (i.e., the City Manager, the City Attorney, the Mayor, or any two Councilmembers may make such a request). Although the revisions suggest that Councilmember requests be made outside of a noticed Council meeting. It also adds a new Horizon Report (“Horizon Report“), which should include tentative agenda items for the next three Council meetings with tentative meeting dates, agenda categories (consent, discussion item, public hearing), and assigned departments.
Section 8.1, Meeting Procedures. This update would require the Council to set a schedule of meetings for the calendar year prior to the second regular meeting in January.
Section 8.6, Communications with Members of the Public. This update adds language noting that campaigning is not appropriate during any Council public comment period.
Section 8.8.7, Closing Debate. This newly suggested section clarifies the vote needed to end Council debate on an issue. It states that a simple majority is needed to oppose closing debate when the Mayor moves to end debate, and a 590
CC 05-05-2026 Searchable Packet
590 of 650
01276.0001 2122867.2
supermajority is needed to end debate on a motion made by another Councilmember.
Section 8.11, Study Sessions. This new section sets forth the rules for study sessions, which are intended to be discussion items. The rule would allow Council to discuss the agendized item freely. The Mayor would retain discretion over the process, including when public comment would be heard and the method of collecting Councilmembers’ perspectives, including taking a formal vote on what to request staff to bring back for Council consideration at a future meeting. No formal action would be permitted.
Draft Resolution No. 26-___(Attachment A) includes the suggested amendments to the Council Procedures Manual. A redline showing changes to the current Procedures Manual is provided as Attachment B.
Reasons for Recommendation and Available Options
Over the past year the Council has discussed various updates to the Council Procedures Manual. This is a distillation of those discussed updates.
Today, Council may determine that the Council Procedures Manual is workable as it currently stands, decide to accept any or none of the offered updates, or craft and adopt new potential updates during discussion of the item.
Sustainability Impact
No sustainability impact.
Fiscal Impact
No fiscal impact.
City Work Program Item/Description
N/A
Council Goal
Public Engagement and Transparency
California Environmental Quality Act
Not applicable.
_____________________________________
Prepared by: Floy Andrews, Interim City Attorney
Reviewed and Approved by: Tina Kapoor, City Manager
591
CC 05-05-2026 Searchable Packet
591 of 650
01276.0001 2122867.2
Attachments:
A – Draft Resolution and Proposed City Council Procedures Manual (clean) B – Draft Resolution and Proposed City Council Procedures Manual (redline) 592
CC 05-05-2026 Searchable Packet
592 of 650
01276.0001 2118216.3
RESOLUTION NO. 26-XXX
A RESOLUTION OF THE CUPERTINO CITY COUNCIL APPROVING
AMENDMENTS TO THE CUPERTINO CITY COUNCIL PROCEDURES
MANUAL
WHEREAS, on February 7, 2023, the Cupertino City Council adopted Resolution No. 23-021, adopting the Cupertino City Council Procedures Manual; WHEREAS, on March 19, 2024, the City Council adopted Resolution No. 24-024, amending the City Council Procedures Manual;
WHEREAS, on March 4, 2025, the City Council adopted Resolution No. 25- 016 approving amendments to the City Council Procedures Manual; WHEREAS, on March 18, 2025, the City Council adopted Resolution No. 25- 021 reaffirming amendments to the City Council Procedures Manual; WHEREAS, on May 5, 2026, the City Council approved further amendments to the City Council Procedures Manual.
NOW, THEREFORE, BE IT RESOLVED that:
1. The City Council hereby adopts the Cupertino City Council Procedures Manual, as amended, attached hereto as Exhibit A.
2. Any other procedures, policies, or rules that are inconsistent with the Council Procedures adopted herein are hereby repealed and rescinded.
3. This Resolution shall take effect on May 6, 2026.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 5th day of May, 2026, by the following vote:
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
593
CC 05-05-2026 Searchable Packet
593 of 650
01276.0001 2118216.3
SIGNED:
___________
Kitty Moore, Mayor
City of Cupertino
________________________
Date
ATTEST:
_____________
Lauren Sapudar, City Clerk
________________________
Date
594
CC 05-05-2026 Searchable Packet
594 of 650
01276.0001/1055450.3
1 City of Cupertino
City Council Procedures
Manual
Attachments:
Ex. A – Elected Officials’
Compensation Program
Ex. B – Council Technology Policy
Ex. C – Resolution No. 07-103
Ex. D – Municipal Code Chapter 2.17
Effective Date:
May 6, 2026
Responsible Departments:
City Manager’s Office
Related Policies & Notes:
See Exhibits A–D.
1. Introduction
1.1 Purpose. The purpose of this Manual is to promote communication, understanding, fairness, and trust among the members of the City Council, City staff, and members of the public concerning their roles, responsibilities, and expectations for management of the business of the City of Cupertino.
1.2 Values. Courtesy and respect for individual points of view should be practiced at all times. All Councilmembers shall respect each other’s right to disagree. All Councilmembers shall act with decorum and courtesy.
1.3 Brown Act. All actions of the City Council and City commissions, committees, and subcommittees shall comply with the Ralph M. Brown Act.
1.4 No Cause of Action Against City. This Manual is intended to govern the internal policies and procedures. Violations of this Manual are enforceable solely through enforcement pursuant to Section 10. Nothing in this Manual is intended to give rise to a claim or cause of action against the City, or any City Councilmember or other City official.
2. Selection of the Mayor and Vice Mayor
2.1 Selection of Mayor and Vice Mayor. The Mayor and Vice Mayor shall be selected annually at a special meeting on the second Thursday of December. 595
CC 05-05-2026 Searchable Packet
595 of 650
01276.0001/1055450.3
2 2.2 Removal of Mayor and Vice Mayor. The Mayor or Vice Mayor may be removed from office, for cause, by a 4/5ths affirmative vote of the members. Removal for cause shall mean removal of a Councilmember because of such member’s (a) willful and continued failure substantially to perform their duties, (b) conviction for, or guilty plea to, a felony, or a crime involving moral turpitude, (c) abuse of illegal drugs or other controlled substances or habitual intoxication, or (d) other illegal activities. The removal should proceed with a formal warning, which states with proven evidence of the member’s failure to perform their duties and proposed corrective measures. The Mayor or Vice Mayor must be advised of the proposed cause for removal at least 72 hours before any action is taken. If the Mayor is removed from office, the Vice Mayor shall become Mayor. If either officer is removed from office, the Vice Mayor shall be appointed from among the remaining three Councilmembers. shall be appointed from among the remaining three Councilmembers.
3. Councilmember Committees and Subcommittees
3.1 Appointment. The Mayor shall appoint Councilmembers to standing and ad hoc committees and subcommittees established by the City Council, subject to ratification by the Council at its next regular meeting.
It will be the responsibility of the committees and subcommittees to inform and submit recommendations to the Council.
3.2 Instructions and Expectations. The Council shall make certain that all Council committees and subcommittees are properly instructed in their assigned scope of work and responsibilities. The committee’s or subcommittee’s jurisdiction shall be defined in writing and approved by a majority of the City Council. All Council committees and subcommittees having a continuing or indefinite jurisdiction shall be subject to the Brown Act.
3.3 Reporting. Council committee and subcommittee members are to keep the Council informed of the work and progress of their committee or subcommittee. These reports or minutes shall be made in writing whenever a recommendation is made to the Council.
4 Other City Commissions and Committees
4.1 Responsibility. The Council will make appointments to City’s commissions and committees. Qualifications to serve on commissions 596
CC 05-05-2026 Searchable Packet
596 of 650
01276.0001/1055450.3
3 and committees shall be set forth in the Municipal Code or by a resolution or motion of the Council that is not inconsistent with the Municipal Code. Appointment of Councilmembers to City committees shall be governed by the procedures in Section 3.
4.2 Attendance at Council Meetings. The Chair or another commission member appointed by the Chair shall attend City Council meetings whenever the commission makes a recommendation to Council regarding an item of business on the Council agenda. The commission liaison shall promptly notify the Chair after an item requiring a commissioner’s appearance is placed on a future City Council agenda.
4.3 Performance Expectations. The Council shall make certain that all commissions and committees are properly instructed on their responsibilities and performance expectations. This will include the issuance of a Council-approved Commissioners’ Handbook and a mandatory annual training session for all Commission and Committee members.
4.4 Appointment. Commission and Committee applicants will be interviewed by the Council before being voted on by the Council in a noticed public meeting. Applicants are considered by motion and appointed by a majority vote of Council. Two members of an immediate family or persons residing in the same household shall not be allowed to serve simultaneously on the same commission or committee.
Immediate family members residing in the same household as a Councilmember are not eligible for appointment to any commission or committee.
4.5 Removal. The City Clerk shall notify the City Council and make a recommendation for potential removal of commission members for failure to comply with attendance policies adopted in the Commissioner’s Handbook. Council retains full discretion to review commission and committee member performance and may take disciplinary action as needed, including removal from the commission or committee.
4.6 Undue Influence on Commissioners. Councilmembers should not attempt to influence or publicly criticize commission recommendations or to influence or lobby individual commission members on any item under their consideration. It is important for commissions to be able to make objective recommendations to the City Council on items before 597
CC 05-05-2026 Searchable Packet
597 of 650
01276.0001/1055450.3
4 them. Councilmembers that attempt to influence commission positions on an item may prejudice or hinder their role in reviewing the commission’s recommendation as a member of the City Council.
Individual Councilmembers shall have the right to attend meetings of Cupertino commissions and other Cupertino governmental bodies.
When attending as a member of the public, a Councilmember may speak during public comment periods provided they (a) state for the record that they are speaking in their personal capacity as a resident and not in their capacity as a City Councilmember, (b) refrain from deliberation or participating in the commission’s internal debate, and (c) avoid undue influence by refraining from attempting to influence the commission’s vote or lobbying members outside of the formal public record.
5. Administrative Matters
5.1 Attendance and Remote Attendance. City Councilmembers confirm that attendance at lawful meetings of the City Council is part of their official duty. Councilmembers shall make a good faith effort to attend all such meetings. Councilmembers shall notify the Mayor or the City Clerk if they will be absent from a meeting.
Council attendance will be noted in the agenda of the next regular meeting and thereafter for that calendar year if a Councilmember misses five or more regular meetings during the year.
For any meeting at which a Councilmember participates remotely pursuant to Government Code, section 54953(b), the Councilmember must sign and file an affidavit with the City Clerk attesting that (1) the remote location is fully open and accessible to the public and (2) the meeting agenda was posted at the remote location in a place visible to the public during the regular meeting. Councilmembers must also refrain from using a background cancelling filter if participating via an audio/video program, and at the start of the meeting state on the record whether any individuals of 18 years of age or older are present with them at the remote location.
5.2 Correspondence. Proposed correspondence from the Mayor or other Councilmembers on City stationery should generally be reviewed by the Council in draft form prior to release. On occasion, there are urgent requests from the League of California Cities for correspondence concerning legislation directly affecting municipalities. If the Mayor and the City Manager agree that the League’s position corresponds with that of the Council, the Mayor may send a letter without first obtaining Council 598
CC 05-05-2026 Searchable Packet
598 of 650
01276.0001/1055450.3
5 approval. City letterhead will be made available for routine correspondence (e.g., thank you notes). Official correspondence (including email) from Councilmembers should be respectful and professional.
5.3 Regional Bodies. The Mayor shall appoint Councilmembers to represent the City of Cupertino on regional bodies subject to ratification by the Council at its next regular meeting. The Mayor should endeavor to provide all Councilmembers a fair opportunity to represent the City. The positions taken by the appointed representatives should be in alignment with the positions that Council has taken on issues that directly impact the City of Cupertino. If an issue arises that is specific to Cupertino and Council has not taken a position, the issue should be discussed by Council prior to taking a formal position at a regional board meeting to assure that it is in alignment with Council’s position. Council representatives to such various boards shall keep the Council informed of ongoing business through brief oral or written reports to the Council. Councilmembers shall make a good faith effort to attend all regional meetings that require a quorum of the appointed members to convene a meeting. Attendance should not be less than 75% of all scheduled meetings. If a Councilmember is unable to attend, they should notify their alternate as far in advance of the meeting as possible so as to allow the alternate to attend. To ensure continuity of the City’s representation, the alternate should receive all correspondence from the regional bodies that is sent to the primary representative. Appointments to regional bodies shall terminate as soon as new appointments take effect. In the event that both the primary and the alternate cannot attend a meeting, the Mayor may designate a temporary alternate to maintain continuity.
5.4 Responses to Public. It will be the responsibility of the City Manager to ensure a response is provided to public correspondence for informational requests addressed to the Council. Staff shall respond to all requests for services as appropriate, and the City Manager shall keep Council informed of the City response.
5.5 Reimbursement. City Councilmembers may be reimbursed for expenses for travel to and lodging at conferences or meetings related to their role as a Councilmember as stated in the Elected Officials’ Compensation Program, as may be amended from time to time (Exhibit A). Any additional expenses that fall outside the scope of this policy may be reimbursed only if approved by the City Council, at a public meeting before the expenses are incurred. Any request for reimbursement of 599
CC 05-05-2026 Searchable Packet
599 of 650
01276.0001/1055450.3
6 expenses shall be accompanied by an expense form and receipts to document the expenditure. These documents are public records subject to disclosure under the California Public Records Act. Councilmembers shall be eligible to receive City-issued hardware and software for the conduct of official business pursuant to the Council Technology Policy (Exhibit B).
5.6 Council Training. Any member of the City Council and City commissions or advisory committees formed by the City Council shall receive ethics and anti-harassment training required by state law. New members must receive the training within their first year of service and shall comply with ongoing training requirements imposed by state law and shall attend training on the Brown Act and Rosenberg’s Rules of Order. Members shall attend training sessions that are offered locally in the immediate vicinity of Santa Clara County, by completing online a state-approved public service ethics education program, or through a state-approved training which may be provided at a conference attended by the member. The City Clerk shall keep ethics training records for five years.
5.7 Mayor’s Initiative Budget. The Mayor may use the Mayor’s initiative budget established as part of the City Manager’s discretionary fund for projects that the Mayor deems appropriate during the Mayor’s term of office, subject to the requirements of Resolution No. 07-103 (Exhibit C).
The amount of the Mayor’s initiative budget is determined by the City Council.
6. Relationship with City Staff
6.1 Incorporation of Municipal Code by Reference. Cupertino Municipal Code Chapter 2.17 (Exhibit D) governs the City Council’s relationship with the City Manager and their staff under the Council-Manager form of government. To the extent that the provisions of Chapter 2.17 are not set below, they are incorporated by reference into this Manual.
6.2 Council/Manager Form of Government. Under the Council/Manager form of government, the City Council sets policy direction as the direct representatives of the community. The City Manager provides professional expertise to manage the organization and carry out the Council’s direction.
To enable the City Council to make informed decisions while weighing community input, the City Manager provides staff recommendations and 600
CC 05-05-2026 Searchable Packet
600 of 650
01276.0001/1055450.3
7 presents options, along with their associated pros and cons. The City Manager is responsible for carrying out the Council’s policy direction through the day-to-day management of City functions, including the oversight of City operating departments. Neither individual Councilmembers nor the Council as a whole shall interfere with the City Manager’s performance of the administrative duties conferred upon them in Cupertino Municipal Code section 2.28.040.
6.3 Council-Manager Relations. The City Council and its members shall deal with the administrative services of the City only through the City Manager, except for the purpose of inquiry, and neither the City Council nor any Councilmember shall give orders to any subordinates of the City Manager. The City Manager shall take instructions from the City Council only when given at a duly held meeting of the City Council, and no individual Councilmember shall give any instructions to the City Manager. In the event that any suggestion or comment from an individual Councilmember might be perceived as an instruction by the City Manager or any staff, the City Manager and/or staff should assume positive intent and treat it as a suggestion or comment.
6.4 Individual Councilmember Influence on Staff Decisions Prohibited.
Individual Councilmembers shall not attempt to influence staff decisions, recommendations, workloads, and schedules, and department priorities without prior knowledge and approval of the City Council. If a Councilmember wishes to influence the actions, decisions, recommendations, workloads, work schedules and priorities of staff, that member must prevail upon the City Council to do so as a matter of Council policy.
6.5 Decorum. All Councilmembers and City staff shall treat each other with dignity, courtesy, and respect. In exercising the City Council’s policymaking authority, Councilmembers must often critique, modify, or reject a staff recommendation. While thorough vetting and criticism of staff policy recommendations or decisions is a necessary component of Council’s policymaking role, criticism should focus on the policy recommendations and decisions and should avoid personal attacks.
Councilmembers shall refrain from publicly criticizing the general abilities, character, or motivations of any staff member and should share any such concerns privately with the City Manager or City Attorney.
6.6 Councilmember Access to Information. City Councilmembers have 601
CC 05-05-2026 Searchable Packet
601 of 650
01276.0001/1055450.3
8 free access to the flow of any information related to the operation of the City. The City Manager shall ensure that such information is communicated by staff in full and with candor to the Council. City staff will make every effort to respond in a timely and professional manner to all requests made by individual council members for information or assistance, provided that, in the judgment of the City Manager, the request is not of a magnitude either in terms of workload or policy, which would require that it more appropriately be assigned to staff through the collective direction of the City Council, based on the guidelines set forth in Cupertino Municipal Code section 2.17.043. The City Manager shall place requests that impose a significant workload on staff on the Council agenda for review by the full Council, along with a statement from that Councilmember as to why the information is needed.’ A Councilmember may file a request for information by seeking information through a Public Records Act request to the same extent as any member of the public.
6.7 Authority of City Council. Nothing in this Manual shall limit the City Council’s power to accept, reject, amend, or otherwise guide and direct staff actions, decisions, recommendations, workloads and schedules, department priorities, and the conduct of city business through the office of the City Manager. This power cannot be delegated to individual Councilmembers, nor to committees composed of Councilmembers consisting of less than a quorum of the City Council.
7. Agendas and Staff Reports
7.1 Future Agenda Items. The City Manager shall provide a quarterly update to Council on items requested by Councilmembers (“TBD List”),which may also include a request to remove items. The City Manager, the City Attorney, the Mayor, or any two Councilmembers may also request items to be added to the TBD List. Such requests should be made outside of a noticed Council meeting.
Under the Future Agenda Items section of each regular Council meeting agenda, the City Manager shall include a list of all items on the current TBD List and a Horizon Report (“Horizon Report“), which will include tentative agenda items for the next three Council meetings with tentative meeting dates, agenda categories (consent, discussion item, public hearing), and assigned departments. The Horizon Report is subject to change at the discretion of the Mayor and City Manager.
602
CC 05-05-2026 Searchable Packet
602 of 650
01276.0001/1055450.3
9 7.2 Preparation of Agenda. The City Clerk shall prepare the agenda in consultation with the City Manager, the Mayor, and the City Attorney.
Absent exigent circumstances, an item will be scheduled for Council action no sooner than 14 days after receipt of a request to add the item to the future agenda items list. Any item requiring preparation of a staff report requires City Manager approval or, in case of a report prepared by City Attorney’s Office staff, City Attorney approval, before being added to an agenda. The Mayor, in consultation with the City Manager and the City Clerk, shall determine the order of items on the agenda.
7.3 Agenda Item Descriptions. Each agenda item shall include a brief general description of the matter to be discussed (approximately 20 words in length), including any action that may be taken under the California Environmental Quality Act, and should generally include the recommendation of the City Manager. If the agenda item includes any budget request or modification, the amount of the request or modification should be stated when possible. The brief description of the agenda item should be comprehensible by a typical resident. For example, an amendment to the Municipal Code should include a description of the amendment, rather than only the Code section to be amended; similarly, an item related to a development project should include not only the street address, but the common name of the project when applicable. Where practicable, the second reading of an ordinance should have the same agenda title as the first reading.
7.4 Staff Reports. Staff reports should include the following sections:
1. Subject
2. Recommended Action
3. Executive Summary (optional)
2. Background
3. Reasons for Recommendation and Available Options
4. Sustainability Impact
5. Fiscal Impact
6. City Work Program Item
7. City Work Program Item Description
8. Council Goal
9. California Environmental Quality Act
The “Background” section should include the date, at least the month and the year, previous meetings were held and decisions were made on the item. Where 603
CC 05-05-2026 Searchable Packet
603 of 650
01276.0001/1055450.3
10 applicable, maps and charts should be provided in the staff report for easy reference.
7.5 Agenda Publication. Agenda packets for a regular meeting should be published and delivered to Councilmembers no later than the Wednesday prior to a Tuesday Council meeting. Councilmembers are encouraged to contact staff in advance for answers to questions regarding an agenda packet. Written communications addressed to Council shall be forwarded to Council and made available to members of the public, consistent with the requirements of the Brown Act.
7.6 Supplemental Materials. Supplemental reports and materials received by the City Clerk after the agenda is published but before 12:00 p.m. on the Monday prior to the City Council meeting shall be published and delivered to Councilmembers at 5:00 p.m. on Monday. Supplemental reports and materials received by the City Clerk after 12:00 p.m. on Monday but before 4:00 p.m. on the day of the meeting shall be published and delivered to Councilmembers prior to the Council meeting. Council questions and staff-prepared responses will be included in supplemental materials provided to Council and the public.
7.7 Written Communication. All written communications on an agenda item sent after the meeting agenda is posted shall be included with the Council agenda materials and made available to the public. Any written communications on items not on the agenda shall be included with the Council agenda material and made available to the public if the sender requests that the communication be so included. Written communication received before 4:00 p.m. on the day of a regular City Council meeting will be posted by 5:00 p.m. Written communication received after 4:00 p.m. on the day of the regular City Council meeting will be posted on the business day following the meeting.
8. Meeting Procedures
8.1 Meeting Schedule. The City Council conducts its regular meetings on the first and third Tuesdays of the month, except when Council is in recess. Prior to the second regular meeting in January, the City Council will approve the schedule of meetings for the calendar year, which in addition to the regular meeting schedule may include the cancellation of regular meetings and the addition of special meetings and study sessions. This practice does not, however, preclude the Mayor or a majority of the members of the City Council from calling additional 604
CC 05-05-2026 Searchable Packet
604 of 650
01276.0001/1055450.3
11 meetings pursuant to the Brown Act. The City Council may by resolution reschedule regular meetings that occur the day after a Monday holiday to Wednesday of the holiday week. When a regular City Council meeting is rescheduled to a Wednesday, the agenda shall be published the prior Wednesday. The meeting shall begin at 6:45 p.m. and follow the adopted Order of Business for regular City Council meetings.
8.2 Rules of Order. City Council meetings shall be governed by Rosenberg’s Rules of Order except as otherwise provided by this Manual. Unless otherwise required by state law or City ordinance, decisions of the Council shall be made by a majority of members present and voting. The Mayor may impose additional reasonable procedural rules not inconsistent with Rosenberg’s Rules of Order and the provisions of this Manual, unless objected to by a majority of Councilmembers present.
8.3 Order of Business. The order of agenda items for regular Council meetings is as follows:
1. Call to Order
2. Pledge of Allegiance
3. Roll Call
4. Closed Session Report
5. Ceremonial Items
6. Postponements and Orders of the Day
7. Oral Communications (public comment on non-agenda matters)
8. Consent Calendar
9. Public Hearings
10. Action Calendar
11. Items Removed from the Consent Calendar
12. City Manager Report
13. Oral Communications (continued)
14. Councilmember Reports
15. Future Agenda Items
16. Adjournment
Oral communications shall be limited to 30 minutes. Additional speakers wishing to comment on non-agenda items may be given time to speak at the end of the agenda, after the City Manager’s report. Councilmember Reports should include Council committee assignments and ceremonial appearances and may include other matters serving the constituents of the City. In the absence of an objection made by a majority of Councilmembers 605
CC 05-05-2026 Searchable Packet
605 of 650
01276.0001/1055450.3
12 present and voting, the Mayor may modify the order of business to facilitate the fair and efficient conduct of Council meetings. The Mayor shall determine the Order of Business of a special City Council meeting, subject to overruling by any objections sustained by a majority of vote of the City Council.
8.4 Consent Calendar.
8.4.1 Adding Item to Consent Calendar. The Mayor, the City Manager, the City Attorney, or the City Clerk may recommend that items appearing on the agenda be placed on the consent calendar for action by the City Council. All items placed on the consent calendar shall appear together on the agenda with the
recommendation as to the action to be taken by the City Council with respect to such item. Upon the motion of any member of the City Council, all items placed upon the consent calendar may be acted upon together, and each shall be deemed to have received the action recommended.
8.4.2 Removing Item from Consent Calendar. Items may be removed from the consent calendar only by a member of the City Council. To facilitate an efficient meeting, advance notice to the City Manager and the City Clerk by 12:00 p.m. on the day of the City Council meeting or earlier is appreciated. Items removed from the consent calendar shall be placed on the agenda for consideration after the action calendar.
8.4.3 Questions and Comments regarding Items on the Consent Calendar.
Councilmembers shall be given the opportunity to ask clarifying questions about, or make a brief comment about, an item on the consent calendar without being required to remove the item from the consent calendar.
8.5 Public Comment. An opportunity for public comment shall be provided for the consent calendar, each other agenda item under consideration, and, during regular meetings, on any matter that is within the subject matter jurisdiction of the City Council. The Mayor may consolidate public comment for related agenda items, subject to overruling by a majority vote of the Council. Non- agenda matters (including Council and staff reports) may be addressed by the public during oral communications. Members of the public wishing to speak regarding an item shall submit a request to comment to the Clerk ("blue card") or, where applicable, raise their hand in 606
CC 05-05-2026 Searchable Packet
606 of 650
01276.0001/1055450.3
13 Zoom within nine minutes of the time the Mayor opens public comment or prior to the close of public comment on the item, whichever is earlier. Each individual speaker will ordinarily have up to three minutes to address the Council. If a speaker representing a group of between two and five members of the public in attendance and wishing to comment on the item but electing not to speak, the speaker may have up to two minutes per group member to speak, up to a total of 10 minutes to address the Council.
Consolidation of time among speakers is not otherwise allowed. If a large number of speakers wish to address Council on an item, the Mayor may reduce the time allotted to each speaker consistent with the Brown Act.
Twice the speaking time will be provided to any member of the public who uses a translator.
8.6 Communications with Members of the Public. The City Council may ask questions of speakers providing public comment but should avoid an extended discussion with members of the public during meetings.
Additionally, when a member of the public provides comments regarding a matter that is not on the agenda, Councilmembers may (1) refer the speaker to staff; (2) refer the speaker to appropriate reference material; (3) request that staff report back at a future meeting; or (4) request that staff place the item on a future agenda.
Councilmembers should not otherwise respond to or comment on an item of business that is not on the agenda. City staff should generally avoid responding to comments or questions from members of the public during Council meetings, although the City Manager or City Attorney may offer to arrange a time to discuss the subject matter of public comments with members of the public subsequent to the Council meeting.
Public comment is intended for members of the public to address the Council on matters within the subject matter jurisdiction of the City. No person shall use the public comment period to engage in campaign activities, as defined under the California Government Code, section 8314, including the promotion of, or opposition to, any candidate for elective office or any ballot measure.
8.7 Conduct of Meetings
8.7.1 Councilmembers. Members of the City Council value and recognize the importance of the trust invested in them by the public to accomplish the business of the City. Councilmembers 607
CC 05-05-2026 Searchable Packet
607 of 650
01276.0001/1055450.3
14 shall accord courtesy to each other, to City employees, and to members of the public appearing before the City Council. During public meetings, Councilmembers shall not text or otherwise communicate privately with any Public Official, as defined in the City’s Code of Ethics for Conduct for Elected and Appointed Officials, or with members of the public regarding matters relevant to items on the agenda while on the dais.
8.7.2 City Employees. City staff shall observe the same rules of decorum applicable to the City Council. City staff shall act at all times in a businesslike and professional manner towards Councilmembers and members of the public.
8.7.3 Members of the Public. Members of the public attending City Council meetings are encouraged to treat Councilmembers, City staff, and other members of the public with the same courtesy that Councilmembers and City staff must accord to them. Any
members of the public who engages in conduct that disrupts a City Council meeting shall be removed from the meeting.
Nothing in this Manual or any rules of conduct that may be adopted by the City Council shall be construed to prohibit public criticism of the policies, procedures, programs, or services of the City, or of the acts or omissions of the City Council, City advisory bodies, or City staff.
8.8 Discussion and Deliberation
8.8.1 Ex Parte Contacts. Councilmembers shall disclose any ex parte communications prior to deliberation on a quasi-judicial matter.
A quasi- judicial matter is typically a hearing in which the City Council hears evidence and makes findings of fact to reach a conclusion based on the applicable law. An ex parte
communication occurs when a Councilmember hearing a quasijudicial matter communicates directly or indirectly with any person or party in connection with a matter before the Council, without notice and the opportunity for all parties to participate.
8.8.2 Relevance. All discussion must be relevant to the issue before the City Council. A Councilmember is given the floor only for the purpose of discussing the pending matter; discussion which departs from the item agendized for discussion is out of order.
Councilmembers should avoid repetition and shall not discuss 608
CC 05-05-2026 Searchable Packet
608 of 650
01276.0001/1055450.3
15 matters that are not on the agenda. Arguments for or against a measure should be stated as concisely as possible.
8.8.3 Council Questions and Deliberations. Councilmembers may obtain the floor by seeking recognition from the Mayor.
Following presentations to Council on an agenda item,
Councilmembers shall each be given five minutes to ask
questions of any presenter. The Mayor may allow additional time for questions where appropriate. Following public comment, the Mayor may request that a motion be made and seconded. After the motion has been stated to the Council and seconded, any member of the Council has a right to discuss the motion after obtaining the floor. A member who has been recognized shall limit their time to five minutes. Councilmembers may yield any unused speaking time during Councilmember questions or
deliberations to colleagues who have already used their allotted time. The Mayor may allow additional time for deliberations where appropriate to encourage meaningful discussion and exchange of ideas.
8.8.4 Opportunity for Equal Participation. It is the policy of the Council to encourage the full, fair participation of all members of the Council in discussions and deliberations. The Mayor may impose reasonable limits on the time any Councilmember is permitted to speak to advance this policy. In addition, all Councilmembers wishing to be recognized should be given an opportunity to speak before any member is allowed to speak a second time.
8.8.5 Civility. While it is appropriate to vigorously debate a motion, its nature, or its consequences, Councilmembers shall avoid attacks on the motives, character, or personality of other
Councilmembers, City staff, and members of the public. The Mayor shall rule out of order any Councilmember who engages in such attacks.
8.8.6 Role of the Mayor. The Mayor has the responsibility for controlling and expediting the discussion of an agenda item. It is the duty of the Mayor to keep the subject clearly before the Councilmembers, to rule out irrelevant discussion, and to ensure civil discussion among Councilmembers.
8.8.7 Closing Debate. When the Mayor moves to end debate on an item, 609
CC 05-05-2026 Searchable Packet
609 of 650
01276.0001/1055450.3
16 the motion shall be considered approved unless overruled by a simple majority of Councilmembers. If any other Councilmember moves to end debate by calling the question or otherwise, approval of such motion requires an affirmative vote of a supermajority vote of the Council (i.e., usually, four (4) votes).
Upon the successful closing of debate the Council shall proceed immediately to a vote on the item.
8.9 Meeting Length. Meetings of the City Council shall adjourn by 11:00 p.m. unless the time of adjournment is extended by a vote of a majority of the City Council. Discussion of an agenda item shall not begin after 10:30 p.m. Any motion to extend the meeting beyond 11:00 p.m. shall include a list of specific agenda items to be discussed or approved and shall specify the order these items shall be considered. If a meeting continues past 11:00 p.m., it shall end at 11:30 p.m. All meetings shall be adjourned at 11:30 p.m. unless by a vote of a majority of the City Council suspends this rule and Council votes affirmatively to extend the meeting past 11:30 p.m. Following the adjournment of the meeting, any remaining items on the agenda shall be continued to the next regular meeting of the City Council.
8.10 Public Hearing Procedures. The order of proceeding where there is a public hearing item (non-appeal items) before the City Council shall be as follows:
1. Open Public Hearing
2. Staff Report (preferably 10 minutes)
3. Applicant’s presentation (where applicable) (preferably 8 minutes)
4. Questions from the Council
5. Public comment
6. Applicant’s response to public comment (where applicable) (preferably 2 minutes)
7. Close Public Hearing
8. City Council discussion and vote
Where the public hearing involves an appeal of a decision to the City Council, the order of proceeding shall be as follows:
1. Open Public Hearing
2. Staff Report (preferably 10 minutes)
3. Appellant’s statement (preferably 8 minutes)
4. Applicant’s statement (where applicable) (preferably 8 minutes) 610
CC 05-05-2026 Searchable Packet
610 of 650
01276.0001/1055450.3
17 5. Questions from the Council
6. Public comment
7. Applicant’s response to public comment (where applicable) (preferably 2 minutes)
8. Appellant’s response to public comment (preferably 2 minutes)
9. Close Public Hearing
10. City Council discussion and vote
8.11 Study Sessions. Study Sessions are agenda items during which the Council receives information about City business and discusses the matter in an informal setting. Study sessions are intended to be discussion items. Rules of decorum apply. Although Council may discuss material freely, the Mayor retains discretion to determine the appropriate process, including when public comment will be heard and the method for collecting Council perspective including taking a formal vote on what to request staff to bring back for Council consideration at a future meeting as no formal action may be taken.
8.12 City Council Recess Period. The City Council recess period shall begin the first Tuesday in August at 12:00 a.m. and end the Tuesday following Labor Day at 12:00 a.m. During any recess period, the City Manager is authorized to take such ministerial actions for matters of operational urgency, including such emergency actions as are necessary for the immediate preservation of the public peace, health, or safety, as would normally be taken by the City Council during the period of recess, except for those duties specifically reserved to the Council by law. This authority extends throughout the period of recess established by the City Council and includes the authority to execute agreements and make expenditures necessary for the exigent operational matters. The City Manager shall make a full and complete report to the City Council at its first regularly scheduled meeting following the period of recess of actions taken by the City Manager pursuant to this section, at which time the City Council may make such findings as may be required to ratify the actions of the City Manager. Nothing in this Section prevents the City Council from calling a special meeting during the recess period.
9. Closed Sessions. A closed session may be held at any regular or special meeting for any purpose authorized by the Brown Act. The City Attorney will schedule closed session meetings in consultation with the Mayor and the City Manager.
Public comment shall be received in open session prior to a closed session. To ensure strict compliance with the Brown Act, the City Attorney or the City Attorney’s designee shall report out in public session any reportable action taken 611
CC 05-05-2026 Searchable Packet
611 of 650
01276.0001/1055450.3
18 during closed session and any other information from closed session authorized to be disclosed based on a majority vote of the City Council. Any documents referenced or presented during closed sessions shall be shared with Councilmembers upon request and shared in the same manner as other closed session materials, with appropriate protections for confidentiality.
10. Enforcement of Rules; Suspension of Rules. Nothing in this Manual shall be cited to invalidate a properly noticed and acted upon action of the City Council.
Any rule set forth in this Manual may be suspended by three votes of the Council. The City Council may enforce repeated or serious violations of the rules set forth in this Manual through a censure action placed on a Council agenda.
11. Informational Memoranda.
11.1 Staff Informational Memoranda. Two Councilmembers may request an informational memorandum be provided on any matter within the subject matter jurisdiction of the City Council. The City Manager shall place requests that impose a significant workload on staff on the Council agenda for review by the full Council, along with a statement from one or more requesting Councilmembers as to why the information is needed.
11.2 Councilmember Memoranda. Individual Councilmembers may prepare memoranda for inclusion in their Councilmember Reports. Councilmember memoranda may address any matter within the subject matter jurisdiction ofthe City Council that the Councilmember wishes to share with their fellow Councilmembers and the public. Councilmember memoranda shall not include confidential or deliberative information or communications or information protected by law from disclosure.
612
CC 05-05-2026 Searchable Packet
612 of 650
01276.0001 2118216.3
RESOLUTION NO. 26-XXX
A RESOLUTION OF THE CUPERTINO CITY COUNCIL APPROVING
AMENDMENTS TO THE CUPERTINO CITY COUNCIL PROCEDURES
MANUAL
WHEREAS, on February 7, 2023, the Cupertino City Council adopted Resolution No. 23-021, adopting the Cupertino City Council Procedures Manual; WHEREAS, on March 19, 2024, the City Council adopted Resolution No. 24-024, amending the City Council Procedures Manual;
WHEREAS, on March 4, 2025, the City Council adopted Resolution No. 25- 016 approving amendments to the City Council Procedures Manual; WHEREAS, on March 18, 2025, the City Council adopted Resolution No. 25- 021 reaffirming amendments to the City Council Procedures Manual; WHEREAS, on May 5, 2026, the City Council approved further amendments to the City Council Procedures Manual.
NOW, THEREFORE, BE IT RESOLVED that:
1. The City Council hereby adopts the Cupertino City Council Procedures Manual, as amended, attached hereto as Exhibit A.
2. Any other procedures, policies, or rules that are inconsistent with the Council Procedures adopted herein are hereby repealed and rescinded.
3. This Resolution shall take effect on May 6, 2026.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 5th day of May, 2026, by the following vote:
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
613
CC 05-05-2026 Searchable Packet
613 of 650
01276.0001 2118216.3
SIGNED:
___________
Kitty Moore, Mayor
City of Cupertino
________________________
Date
ATTEST:
_____________
Lauren Sapudar, City Clerk
________________________
Date
614
CC 05-05-2026 Searchable Packet
614 of 650
01276.0001/1055450.3 1
01276.0001 2118216.3
City of Cupertino
City Council Procedures
Manual
Attachments:
Ex. A – Elected Officials’
Compensation Program
Ex. B – Council Technology Policy
Ex. C – Resolution No. 07-103
Ex. D – Municipal Code Chapter 2.17
Effective Date:
March May
618, 20252026
Responsible Departments:
City Manager’s Office
Related Policies & Notes:
See Exhibits A–D.
1. Introduction
1.1 Purpose. The purpose of this Manual is to promote communication, understanding, fairness, and trust among the members of the City Council, City staff, and members of the public concerning their roles, responsibilities, and expectations for management of the business of the City of Cupertino.
1.2 Values. Courtesy and respect for individual points of view should be practiced at all times. All Councilmembers shall respect each other’s right to disagree. All Councilmembers shall act with decorum and courtesy.
1.3 Brown Act. All actions of the City Council and City commissions, committees, and subcommittees shall comply with the Ralph M. Brown Act.
1.4 No Cause of Action Against City. This Manual is intended to govern the internal policies and procedures. Violations of this Manual are enforceable solely through enforcement pursuant to Section 10. Nothing in this Manual is intended to give rise to a claim or cause of action against the City, or any City Councilmember or other City official.
2. Selection of the Mayor and Vice Mayor
2.1 Selection of Mayor and Vice Mayor. The Mayor and Vice Mayor shall be selected annually at a special meeting on the second Thursday of December. 615
CC 05-05-2026 Searchable Packet
615 of 650
01276.0001/1055450.3 01276.0001 2118216.3 2
2.2 Removal of Mayor and Vice Mayor. The Mayor or Vice Mayor may be removed from office, for cause, by a 4/5ths affirmative vote of the members. Removal for cause shall mean removal of a Councilmember because of such member’s (a) willful and continued failure substantially to perform their duties, (b) conviction for, or guilty plea to, a felony, or a crime involving moral turpitude, (c) abuse of illegal drugs or other controlled substances or habitual intoxication, or (d) other illegal activities. The removal should proceed with a formal warning, which states with proven evidence of the member’s failure to perform their duties and proposed corrective measures. The Mayor or Vice Mayor must be advised of the proposed cause for removal at least 72 hours before any action is taken. If the Mayor is removed from office, the Vice Mayor shall become Mayor. If either officer is removed from office, the Vice Mayor shall be appointed from among the remaining three Councilmembers. shall be appointed from among the remaining three Councilmembers.
3. Councilmember Committees and Subcommittees
3.1 Appointment. The Mayor shall appoint Councilmembers to standing and ad hoc committees and subcommittees established by the City Council, subject to ratification by the Council at its next regular meeting.
It will be the responsibility of the committees and subcommittees to inform and submit recommendations to the Council.
3.2 Instructions and Expectations. The Council shall make certain that all Council committees and subcommittees are properly instructed in their assigned scope of work and responsibilities. The committee’s or subcommittee’s jurisdiction shall be defined in writing and approved by a majority of the City Council. All Council committees and subcommittees having a continuing or indefinite jurisdiction shall be subject to the Brown Act.
3.3 Reporting. Council committee and subcommittee members are to keep the Council informed of the work and progress of their committee or subcommittee. These reports or minutes shall be made in writing whenever a recommendation is made to the Council.
4 Other City Commissions and Committees
4.1 Responsibility. The Council will make appointments to City’s commissions and committees. Qualifications to serve on commissions 616
CC 05-05-2026 Searchable Packet
616 of 650
01276.0001/1055450.3 01276.0001 2118216.3 3
and committees shall be set forth in the Municipal Code or by a resolution or motion of the Council that is not inconsistent with the Municipal Code. Appointment of Councilmembers to City committees shall be governed by the procedures in Section 3.
4.2 Attendance at Council Meetings. The Chair or another commission member appointed by the Chair shall attend City Council meetings whenever the commission makes a recommendation to Council regarding an item of business on the Council agenda. The commission liaison shall promptly notify the Chair after an item requiring a commissioner’s appearance is placed on a future City Council agenda.
4.3 Performance Expectations. The Council shall make certain that all commissions and committees are properly instructed on their responsibilities and performance expectations. This will include the issuance of a Council-approved Commissioners’ and Committee Handbook and a mandatory annual training session for all Commission and Committee members.
4.4 Appointment. Commission and Committee applicants will be interviewed by the Council before being voted on by the Council in a noticed public meeting. Applicants are considered by motion and appointed by a majority vote of Council. Two members of an immediate family or persons residing in the same household shall not be allowed to serve simultaneously on the same commission or committee.
Immediate family members residing in the same household as a Councilmember are not eligible for appointment to any commission or committee.
4.5 Removal. The City Clerk shall notify the City Council and make a recommendation for potential removal of commission members for failure to comply with attendance policies adopted in the Commissioner’s Handbook. Council retains full discretion to review commission and committee member performance and may take disciplinary action as needed, including removal from the commission or committee.
4.6 Undue Influence on Commissioners. Councilmembers should not attempt to influence or publicly criticize commission recommendations or to influence or lobby individual commission members on any item under their consideration. It is important for commissions to be able to make objective recommendations to the City Council on items beforee 617
CC 05-05-2026 Searchable Packet
617 of 650
01276.0001/1055450.3 01276.0001 2118216.3 4
4.6 them. Councilmembers that attempt to influence commission positions on an item may prejudice or hinder their role in reviewing the commission’s recommendation as a member of the City Council.
Individual Councilmembers shall have the right to attend meetings of Cupertino commissions and other Cupertino governmental bodies but shall refrain from speaking or becoming involved in deliberations. When attending as a member of the public, a Councilmember may speak during public comment periods provided they (a) state for the record that they are speaking in their personal capacity as a resident and not in their capacity as a City Councilmember, (b) refrain from deliberation or participating in the commission’s internal debate, and (c) avoid undue influence by refraining from attempting to influence the commission’s vote or lobbying members outside of the formal public record.
5. Administrative Matters
5.1 Attendance and Remote Attendance. City Councilmembers confirm acknowledge that attendance at lawful meetings of the City Council is part of their official duty. Councilmembers shall make a good faith effort to attend all such meetings. Council members shall notify the Mayor or the City Clerk if they will be absent from a meeting.
Council attendance will be noted in the agenda of the next regular meeting and thereafter for that calendar year, if a Councilmember misses five or more regular meetings during the year are missed.
For any meeting at which a Councilmember participates remotely pursuant to Government Code, section 54953(b), the Councilmember must sign and file an affidavit with the City Clerk attesting that (1) the remote location is fully open and accessible to the public and (2) the meeting agenda was posted at the remote location in a place visible to the public during the regular meeting. Councilmembers must also refrain from using a background cancelling filter if participating via an audio/video program, and at the start of the meeting state on the record whether any individuals of 18 years of age or older are present with them at the remote location.
5.2 Correspondence. Proposed correspondence from the Mayor or other Councilmembers on City stationery should generally be reviewed by the Council in draft form prior to release. On occasion, there are urgent requests from the League of California Cities for correspondence concerning 618
CC 05-05-2026 Searchable Packet
618 of 650
01276.0001/1055450.3 01276.0001 2118216.3 5
legislation directly affecting municipalities. If the Mayor and the City Manager agree that the League’s position corresponds with that of the Council, the Mayor may send a letter without first obtaining Council approval. City letterhead will be made available for routine correspondence (e.g., thank you notes). Official correspondence (including email) from Councilmembers should be respectful and professional.
5.3 Regional Bodies. The Mayor shall appoint Councilmembers to represent the City of Cupertino on regional bodies subject to ratification by the Council at its next regular meeting. The Mayor should endeavor to provide all Councilmembers a fair opportunity to represent the City. The positions taken by the appointed representatives should be in alignment with the positions that Council has taken on issues that directly impact the City of Cupertino. If an issue arises that is specific to Cupertino and Council has not taken a position, the issue should be discussed by Council prior to taking a formal position at a regional board meeting to assure that it is in alignment with Council’s position. Council representatives to such various boards shall keep the Council informed of ongoing business through brief oral or written reports to the Council.
5.3 Councilmembers shall make a good faith effort to attend all regional meetings that require a quorum of the appointed members to convene a meeting. Attendance should not be less than 75% of all scheduled meetings. If a Councilmember is unable to attend, they should notify their alternate as far in advance of the meeting as possible so as to allow the alternate to attend. To ensure continuity of the City’s representation, the alternate should receive all correspondence from the regional bodies that is sent to the primary representative. Appointments to regional bodies shall terminate as soon as new appointments take effect. In the event that both the primary and the alternate cannot attend a meeting, the Mayor may designate a temporary alternate to maintain continuity.
5.4 Responses to Public. It will be the responsibility of the City Manager to ensure a response is provided to public correspondence for informational requests addressed to the Council. Staff shall respond to all requests for services as appropriate, and the City Manager shall keep Council informed of the City response.
5.5 Reimbursement. City Councilmembers may be reimbursed for expenses for travel to and lodging at conferences or meetings related to their role as a Councilmember as stated in the Elected Officials’ Compensation 619
CC 05-05-2026 Searchable Packet
619 of 650
01276.0001/1055450.3 01276.0001 2118216.3 6
Program, as may be amended from time to time (Exhibit A). Any additional expenses that fall outside the scope of this policy may be reimbursed only if approved by the City Council, at a public meeting before the expenses are incurred. Any request for reimbursement of expenses shall be accompanied by an expense form and receipts to document the expenditure. These documents are public records subject to disclosure under the California Public Records Act. Councilmembers shall be eligible to receive City-issued hardware and software for the conduct of official business pursuant to the Council Technology Policy (Exhibit B).
5.6 Council Training. Any member of the City Council and City commissions or advisory committees formed by the City Council shall receive ethics and anti-harassment training required by state law. New members must receive the training within their first year of service and shall comply with ongoing training requirements imposed by state law and shall attend training on the Brown Act and Rosenberg’s Rules of Order. Members shall attend training sessions that are offered locally in the immediate vicinity of Santa Clara County, by completing online a state-approved public service ethics education program, or through a state-approved training which may be provided at a conference attended by the member. The City Clerk shall keep ethics training records for five years.
.
5.7 Mayor’s Initiative Budget. The Mayor may use the Mayor’s initiative budget established as part of the City Manager’s discretionary fund for projects that the Mayor deems appropriate during the Mayor’s term of office, subject to the requirements of Resolution No. 07-103 (Exhibit C).
The amount of the Mayor’s initiative budget is determined by the City Council.
6. Relationship with City Staff
6.1 Incorporation of Municipal Code by Reference. Cupertino Municipal Code Chapter 2.17 (Exhibit D) governs the City Council’s relationship with the City Manager and their staff under the Council-Manager form of government. To the extent that the provisions of Chapter 2.17 are not set below, they are incorporated by reference into this Manual.
6.2 Council/Manager Form of Government. Under the Council/Manager form of government, the City Council sets policy direction as the direct representatives of the community. The City Manager provides professional expertise to manage the organization and carry out the Council’s direction. 620
CC 05-05-2026 Searchable Packet
620 of 650
01276.0001/1055450.3 01276.0001 2118216.3 7
To enable the City Council to make informed decisions while weighing community input, the City Manager provides staff recommendations and presents options, along with their associated pros and cons. The City Manager is responsible for carrying out the Council’s policy direction through the day-to-day management of City functions, including the oversight of City operating departments. Neither individual Councilmembers nor the Council as a whole shall interfere with the City Manager’s performance of the administrative duties conferred upon them in Cupertino Municipal Code section 2.28.040.
6.3 Council-Manager Relations. The City Council and its members shall deal with the administrative services of the City only through the City Manager, except for the purpose of inquiry, and neither the City Council nor any Councilmember shall give orders to any subordinates of the City Manager. The City Manager shall take instructions from the City Council only when given at a duly held meeting of the City Council, and no individual Councilmember shall give any instructions to the City Manager. In the event that any suggestion or comment from an individual Councilmember might be perceived as an instruction by the City Manager or any staff, the City Manager and/or staff should assume positive intent and treat it as a suggestion or comment.
6.4 Individual Councilmember Influence on Staff Decisions Prohibited.
Individual Councilmembers shall not attempt to influence staff decisions, recommendations, workloads, and schedules, and department priorities without prior knowledge and approval of the City Council. If a Councilmember wishes to influence the actions, decisions, recommendations, workloads, work schedules and priorities of staff, that member must prevail upon the City Council to do so as a matter of Council policy.
6.3 6.5 Decorum. All Councilmembers and City staff shall treat each other with dignity, courtesy, and respect. In exercising the City Council’s policymaking authority, Councilmembers must often critique, modify, or reject a staff recommendation. While thorough vetting and criticism of staff policy recommendations or decisions is a necessary component of Council’s policymaking role, criticism should focus on the policy recommendations and decisions and should avoid personal attacks.
Councilmembers shall refrain from publicly criticizing the general abilities, character, or motivations of any staff member and should share any such concerns privately with the City Manager or City Attorney. 621
CC 05-05-2026 Searchable Packet
621 of 650
01276.0001/1055450.3 01276.0001 2118216.3 8
6.4 6.6 Councilmember Access to Information. City Councilmembers have free access to the flow of any information related to the operation of the City. The City Manager shall ensure that such information is communicated by staff in full and with candor to the Council. City staff will make every effort to respond in a timely and professional manner to all requests made by individual council members for information or assistance, provided that, in the judgment of the City Manager, the request is not of a magnitude either in terms of workload or policy, which would require that it more appropriately be assigned to staff through the collective direction of the City Council, based on the guidelines set forth in Cupertino Municipal Code section 2.17.043. The City Manager shall place requests that impose a significant workload on staff on the Council agenda for review by the full Council, along with a statement from that Councilmember as to why the information is needed.’ A Councilmember may file a request for information by seeking information through a Public Records Act request to the same extent as any member of the public.
6.5 6.66.7Authority of City Council. Nothing in this Manual shall limit the City Council’s power to accept, reject, amend, or otherwise guide and direct staff actions, decisions, recommendations, workloads and schedules, department priorities, and the conduct of city business through the office of the City Manager. This power cannot be delegated to individual Councilmembers, nor to committees composed of Councilmembers consisting of less than a quorum of the City Council.
7. Agendas and Staff Reports
7.1 Future Agenda Items. The City Manager, the City Attorney, the Mayor, or any two Councilmembers may request that an item be added to a future agenda for Council action. The City Manager shall provide a quarterly update report to Council on items requested by Councilmembers (“TBD List”),regarding the status of future agenda items, which may also include a request to remove items. The City Manager, the City Attorney, the Mayor, or any two Councilmembers from the list of future agenda items. Atthe requestor’s discretion, the agenda request may also request items to be added to the TBD List. Such requests should be made outside of a noticed Council meeting. include additional information explaining the rationale for or timing of the agenda item. Under the “Future 622
CC 05-05-2026 Searchable Packet
622 of 650
01276.0001/1055450.3 01276.0001 2118216.3 9
Agenda Items” section of each regular Council meeting agenda, the City Manager shall include a document listing all current future agenda requests.
Under the Future Agenda Items section of each regular Council meeting agenda, the City Manager shall include a list of all items on the current TBD List and a Horizon Report (“Horizon Report“), which will include tentative agenda items for the next three Council meetings with tentative meeting dates, agenda categories (consent, discussion item, public hearing), and assigned departments. The Horizon Report is subject to change at the discretion of the Mayor and City Manager.
7.17.2 Preparation of Agenda. The City Clerk shall prepare the agenda in consultation with the City Manager, the Mayor, and the City Attorney.
Absent exigent circumstances, an item will be scheduled for Council action no sooner than 14 days after receipt of a request to add the item to the future agenda items list. Any item requiring preparation of a staff report requires City Manager approval or, in case of a report prepared by City Attorney’s Office staff, City Attorney approval, before being added to an agenda. The Mayor, in consultation with the City Manager and the City Clerk, shall determine the order of items on the agenda.
7.2 Agenda Item Descriptions. Each agenda item shall include a brief general description of the matter to be discussed (approximately 20 words in length), including any action that may be taken under the California Environmental Quality Act, and should generally include the recommendation of the City Manager. If the agenda item includes any budget request or modification, the amount of the request or modification should be stated when possible. The brief description of the agenda item should be comprehensible by a typical resident. For example, an amendment to the Municipal Code should include a description of the amendment, rather than only the Code section to be amended; similarly, an item related to a development project should include not only the street address, but the common name of the project when applicable. Where practicable, the second reading of an 623
CC 05-05-2026 Searchable Packet
623 of 650
01276.0001/1055450.3 01276.0001 2118216.3 10
7.3 ordinance should have the same agenda title as the first reading.
7.4 Staff Reports. Staff reports should include the following sections:
1. 2.1. Subject
3.2. Recommended Action
4.3. Executive Summary (optional)
2. Background
3. Reasons for Recommendation and Available Options
4. Sustainability Impact
5. Fiscal Impact
6. City Work Program Item
7. City Work Program Item Description
8. Council Goal
9. California Environmental Quality Act
The “Background” section should include the date, at least the month and the year, previous meetings were held and decisions were made on the item. Where applicable, maps and charts should be provided in the staff report for easy reference.
7.37.5 Agenda Publication. Agenda packets for a regular meeting should be published and delivered to Councilmembers no later than the Wednesday prior to a Tuesday Council meeting. Councilmembers are encouraged to contact staff in advance for answers to questions regarding an agenda packet. Written communications addressed to Council shall be forwarded to Council and made available to members of the public, consistent with the requirements of the Brown Act.
7.47.6 Supplemental Materials. Supplemental reports and materials received by the City Clerk after the agenda is published but before 12:00 p.m. on the Monday prior to the City Council meeting shall be published and delivered to Councilmembers at 5:00 p.m. on Monday.
Supplemental reports and materials received by the City Clerk after 12:00 p.m. on Monday but before 4:00 p.m. on the day of the meeting shall be published and delivered to Councilmembers prior to the Council meeting. Council questions and staff-prepared responses will be included in supplemental materials provided to Council and the public.
624
CC 05-05-2026 Searchable Packet
624 of 650
01276.0001/1055450.3 01276.0001 2118216.3 11
7.5 Written Communication. All written communications on an agenda item sent after the meeting agenda is posted shall be included with the Council agenda materials and made available to the public. Any written communications on items not on the agenda shall be included with the Council agenda materials
7.67.7 and made available to the public if the sender requests that the communication be so included. Written communication received before 4:00 p.m. on the day of a regular City Council meeting will be posted by 5:00 p.m. Written communication received after 4:00 p.m. on the day of the regular City Council meeting will be posted on the business day following the meeting.
8. Meeting Procedures
8.1 Meeting Schedule. The City Council conducts its regular meetings on the first and third Tuesdays of the month, except when Council is in recess. Prior to the second regular meeting in JanuaryPrior to the second regular meeting in January, , the the City Council will approve the schedule of meetings for the calendar year, which in addition to the regular meeting schedule may include the cancellation of regular meetings and the addition of special meetings and study sessions. This practice does not, however, preclude the Mayor or a majority of the members of the City Council from calling additional meetings pursuant to the Brown Act. The City Council may by resolution reschedule regular meetings that occur the day after a Monday holiday on to Wednesday of the holiday week. When a regular City Council meeting is rescheduled to a Wednesday, the agenda shall be published the prior Wednesday. ; tThe meeting shall beginstart at 6:45 p.m. and follow the adopted Order of Business for regular City Council meetings.
8.2 Rules of Order. City Council meetings shall be governed by Rosenberg’s Rules of Order except as otherwise provided by this Manual. Unless otherwise required by state law or City ordinance, decisions of the Council shall be made by a majority of members present and voting. The Mayor may impose additional reasonable procedural rules not inconsistent with Rosenberg’s Rules of Order and the provisions of this Manual, unless objected to by a majority of Councilmembers present.
8.3 Order of Business. The order of agenda items for regular Council meetings is as follows:
625
CC 05-05-2026 Searchable Packet
625 of 650
01276.0001/1055450.3 01276.0001 2118216.3 12
1. Call to Order
2. Pledge of Allegiance
3. Roll Call
4. Closed Session Report
5. Ceremonial Items
6. Postponements and Orders of the Day
7. Oral Communications (public comment on non-agenda matters)
7.8.Consent Calendar
8.9. Public Hearings
9.10. Action Calendar
10.11. Items Removed from the Consent Calendar
11.12. City Manager Report
12.13. Oral Communications (continued)
13.14. Councilmember Reports
14.15. Future Agenda Items
15.16. Adjournment
Oral communications shall be limited to 30 minutes. Additional speakers wishing to comment on non-agenda items may be given time to speak at the end of the agenda, after the City Manager’s report. Councilmember Reports should include focus on Council committee assignments and ceremonial appearances and may include other matters serving the constituents of the City. In the absence of an objection made by a majority of Councilmembers present and voting, the Mayor may modify the order of business to facilitate the fair and efficient conduct of Council meetings.
The Mayor shall determine the Order of Business of a special City Council meeting, subject to overruling by any objections sustained by a majority of vote of the City Council.
8.4 Consent Calendar.
8.4.1 Adding Item to Consent Calendar. The Mayor, the City Manager, the City Attorney, or the City Clerk may recommend that items appearing on the agenda be placed on the consent calendar for action by the City Council. All items placed on the consent calendar shall appear together on the agenda with the
recommendation as to the action to be taken by the City Council with respect to such item. Upon the motion of any member of the City Council, all items placed upon the consent calendar may be acted upon together, and each shall be deemed to have received the action recommended.
8.4.2 Removing Item from Consent Calendar. Items may be removed from 626
CC 05-05-2026 Searchable Packet
626 of 650
01276.0001/1055450.3 01276.0001 2118216.3 13
the consent calendar only by a member of the City Council. To facilitate an efficient meeting, advance notice to the City Manager and the City Clerk by 12:00 p.m. on the day of the City Council meeting or earlier is appreciated. Items removed from the consent calendar shall be placed on the agenda for consideration after the action calendar.
8.4.3 8.4.2
8.4.48.4.3 Q
uestions and Comments regarding Items on the Consent Calendar.
Councilmembers shall be given the opportunity to ask clarifying questions about, or make a brief comment about, an item on the consent calendar without being required to remove the item from the consent calendar.
8.5 Public Comment. An opportunity for public comment shall be provided for the consent calendar, each other agenda item under consideration, and, during regular meetings, on any matter that is within the subject matter jurisdiction of the City Council. The Mayor may consolidate public comment for related agenda items, subject to overruling by a majority vote of the Council. Non- agenda matters (including Council and staff reports) may be addressed by the public during oral communications. Members of the public wishing to speak regarding an item shall submit a request to comment to the Clerk ("blue card") or, where applicable, raise their hand in Zoom within nine minutes of the time the Mayor opens public comment or prior to the close of public comment on the item, whichever is earlier. Each individual speaker will ordinarily have up to three minutes to address the Council. If a speaker representing a group of between two and five members of the public in attendance and wishing to comment on the item but electing not to speak, the speaker may have up to two minutes per group member to speak, up to a total of 10 minutes to address the Council.
Consolidation of time among speakers is not otherwise allowed. If a large number of speakers wish to address Council on an item, the Mayor may reduce the time allotted to each speaker consistent with the Brown Act.
Twice the speaking time will be provided to any member of the public who uses a translator.
8.6 Communications with Members of the Public. The City Council may ask questions of speakers providing public comment but should avoid an extended discussion with members of the public during meetings. 627
CC 05-05-2026 Searchable Packet
627 of 650
01276.0001/1055450.3 01276.0001 2118216.3 14
Additionally, when a member of the public provides comments regarding a matter that is not on the agenda, Councilmembers may (1) refer the speaker to staff; (2) refer the speaker to appropriate reference material; (3) request that staff report back at a future meeting; or (4) request that staff place the item on a future agenda.
Councilmembers should not otherwise respond to or comment on an item of business that is not on the agenda. City staff should generally avoid responding to comments or questions from members of the public during Council meetings, although the City Manager or City Attorney may offer to arrange a time to discuss the subject matter of public comments with members of the public subsequent to the Council meeting.
Public comment is intended for members of the public to address the Council on matters within the subject matter jurisdiction of the City. No person shall use the public comment period to engage in campaign activities, as defined under the California Government Code, section 8314, including the promotion of, or opposition to, any candidate for elective office or any ballot measure.
8.7 Conduct of Meetings
8.7.1 Councilmembers. Members of the City Council value and recognize the importance of the trust invested in them by the public to accomplish the business of the City. Councilmembers shall accord courtesy to each other, to City employees, and to members of the public appearing before the City Council. During public meetings, Councilmembers shall not text or otherwise communicate privately with any Public Official, as defined in the City’s Code of Ethics for Conduct for Elected and Appointed Officials, or with members of the public regarding matters relevant to items on the agenda while on the dais.
8.7.2 City Employees. City staff shall observe the same rules of decorum applicable to the City Council. City staff shall act at all times in a businesslike and professional manner towards Councilmembers and members of the public.
8.7.2 8.7.3 Members of the Public. Members of the public attending City Council meetings are encouraged to treat Councilmembers, City staff, and other members of the public with the same courtesy that 628
CC 05-05-2026 Searchable Packet
628 of 650
01276.0001/1055450.3 01276.0001 2118216.3 15
Councilmembers and City staff must accord to them. Any
members of the public who engages in conduct that disrupts a City Council meeting shall be removed from the meeting.
Nothing in this Manual or any rules of conduct that may be adopted by the City Council shall be construed to prohibit public criticism of the policies, procedures, programs, or services of the City, or of the acts or omissions of the City Council, City advisory bodies, or City staff.
8.8 Discussion and Deliberation
8.8.1 Ex Parte Contacts. Councilmembers shall disclose any ex parte communications prior to deliberation on a quasi-judicial matter.
A quasi- judicial matter is typically a hearing in which the City Council hears evidence and makes findings of fact to reach a conclusion based on the applicable law. An ex parte
communication occurs when a Councilmember hearing a quasijudicial matter communicates directly or indirectly with any person or party in connection with a matter before the Council, without notice and the opportunity for all parties to participate.
8.8.2 Relevance. All discussion must be relevant to the issue before the City Council. A Councilmember is given the floor only for the purpose of discussing the pending matter; discussion which departs from the item agendized for discussion is out of order.
Councilmembers should avoid repetition and shall not discuss matters that are not on the agenda. Arguments for or against a measure should be stated as concisely as possible.
.
8.8.3 Council Questions and Deliberations. Councilmembers may obtain the floor by seeking recognition from the Mayor.
Following presentations to Council on an agenda item,
Councilmembers shall each be given five minutes to ask
questions of any presenter. The Mayor may allow additional time for questions where appropriate. Following public comment, the Mayor may request that a motion be made and seconded. After the motion has been stated to the Council and seconded, any member of the Council has a right to discuss the motion after obtaining the floor. A member who has been recognized shall limit their time to five minutes. Councilmembers may yield any unused speaking time during Councilmember questions or
629
CC 05-05-2026 Searchable Packet
629 of 650
01276.0001/1055450.3 01276.0001 2118216.3 16
deliberations to colleagues who have already used their allotted time. The Mayor may allow additional time for deliberations where appropriate to encourage meaningful discussion and exchange of ideas. ’
8.8.1 8.8.28.8.4 Opportunity for Equal Participation. It is the policy of the Council to encourage the full, fair participation of all members of the Council in discussions and deliberations. The Mayor may impose reasonable limits on the time any Councilmember is permitted to speak to advance this policy. In addition, all Councilmembers wishing to be recognized should be given an opportunity to speak before any member is allowed to speak a second time.
8.8.3 Civility. While it is appropriate to vigorously debate a motion,
8.8.5 its nature, or its consequences, Councilmembers shall avoid attacks on the motives, character, or personality of other Councilmembers, City staff, and members of the public. The Mayor shall rule out of order any Councilmember who engages in such attacks.
8.8.6 Role of the Mayor. The Mayor has the responsibility for controlling and expediting the discussion of an agenda item. It is the duty of the Mayor to keep the subject clearly before the Councilmembers, to rule out irrelevant discussion, and to ensure civil discussion among Councilmembers.
8.8.7 Closing Debate. When the Mayor moves to end debate on an item, the motion shall be considered approved unless overruled by a simple majority of Councilmembers. If any other Councilmember moves to end debate by calling the question or otherwise, approval of such motion requires an affirmative vote of a supermajority vote of the Council (i.e., usually, four (4) votes).
Upon the successful closing of debate the Council shall proceed immediately to a vote on the item.
8.9 Meeting Length. Meetings of the City Council shall adjourn by 11:00 p.m. unless the time of adjournment is extended by a vote of a 630
CC 05-05-2026 Searchable Packet
630 of 650
01276.0001/1055450.3 01276.0001 2118216.3 17
majority of the City Council. Discussion of an agenda item shall not begin after 10:30 p.m. Any motion to extend the meeting beyond 11:00 p.m. shall include a list of specific agenda items to be discussed or approved and shall specify the order these items shall be considered. If a meeting continues past 11:00 p.m., it shall end at 11:30 p.m. All meetings shall be adjourned at 11:30 p.m. unless by a vote of a majority of the City Council suspends this rule and Council votes affirmatively to extend the meeting past 11:30 p.m. Following the adjournment of the meeting, any remaining items on the agenda shall be continued to the next regular meeting of the City Council.
8.10 Public Hearing Procedures. The order of proceeding where there is a public hearing item (non-appeal items) before the City Council shall be as follows:
1. Open Public Hearing
2. Staff Report (preferably 10 minutes)
3. Applicant’s presentation (where applicable) (preferably 8 minutes)
4. Questions from the Council
5. Public comment
6. Applicant’s response to public comment (where applicable) (preferably 2 minutes)
7. Close Public Hearing
8. City Council discussion and vote
Where the public hearing involves an appeal of a decision to the City Council, the order of proceeding shall be as follows:
1. Open Public Hearing
1.2. Staff Report (preferably 10 minutes)
2.3. Appellant’s statement (preferably 8 minutes)
3.4. Applicant’s statement (where applicable) (preferably 8 minutes)
4.5. Questions from the Council
5.6. Public comment
6.7. Applicant’s response to public comment (where applicable) (preferably 2 minutes)
7.8. Appellant’s response to public comment (preferably 2 minutes)
8.9. Close Public Hearing
10. City Council discussion and vote
8.11 Study Sessions. Study Sessions are agenda items during which the Council 631
CC 05-05-2026 Searchable Packet
631 of 650
01276.0001/1055450.3 01276.0001 2118216.3 18
receives information about City business and discusses the matter in an informal setting. Study sessions are intended to be discussion items. Rules of decorum apply. Although Council may discuss material freely, the Mayor retains discretion to determine the appropriate process, including when public comment will be heard and the method for collecting Council perspective including taking a formal vote on what to request staff to bring back for Council consideration at a future meeting as no formal action may be taken.
8.118.12 City Council Recess Period. The City Council recess period shall begin the first Tuesday in August at 12:00 a.m. and end the Tuesday following Labor Day at 12:00 a.m. During any recess period, the City Manager is authorized to take such ministerial actions for matters of operational urgency, including such emergency actions as are necessary for the immediate preservation of the public peace, health, or safety, as would normally be taken by the City Council during the period of recess, except for those duties specifically reserved to the Council by law. This authority extends throughout the period of recess established by the City Council and includes the authority to execute agreements and make expenditures necessary for the exigent operational matters.
The City Manager shall make a full and complete report to the City Council at its first regularly scheduled meeting following the period of recess of actions taken by the City Manager pursuant to this section, at which time the City Council may make such findings as may be required to ratify the actions of the City Manager. Nothing in this Section prevents the City Council from calling a special meeting during the recess period.
9. Closed Sessions. A closed session may be held at any regular or special meeting for any purpose authorized by the Brown Act. The City Attorney will schedule closed session meetings in consultation with the Mayor and the City Manager.
Public comment shall be received in open session prior to a closed session. To ensure strict compliance with the Brown Act, the City Attorney or the City Attorney’s designee shall report out in public session any reportable action taken during closed session and any other information from closed session authorized to be disclosed based on a majority vote of the City Council. Any documents referenced or presented during closed sessions shall be shared with Councilmembers upon request and shared in the same manner as other closed session materials, with appropriate protections for confidentiality.
10. Enforcement of Rules; Suspension of Rules. Nothing in this Manual shall be cited to invalidate a properly noticed and acted upon action of the City Council.
Any rule set forth in this Manual may be suspended by three votes of the 632
CC 05-05-2026 Searchable Packet
632 of 650
01276.0001/1055450.3 01276.0001 2118216.3 19
Council. The City Council may enforce repeated or serious violations of the rules set forth in this Manual through a censure action placed on a Council agenda.
11. Informational Memoranda.
11.1 Staff Informational Memoranda. Two Councilmembers may request an informational memorandum be provided on any matter within the subject matter jurisdiction of the City Council. The City Manager shall place requests that impose a significant workload on staff on the Council agenda for review by the full Council, along with a statement from one or more requesting Councilmembers as to why the information is needed.
11.2 Councilmembers Information Memoranda. Individual Councilmembers may prepare information memoranda for inclusion in their Councilmember Reports. Councilmember memoranda may address any matter within the subject matter jurisdiction of the City Council that the Councilmember wishes to share with their fellow Councilmembers and the public. , thereby enhancing transparency and accountability in City operations; provided however, that Councilmember memoranda shall not include confidential or deliberative information or communications or information protected by law from disclosure.
633
CC 05-05-2026 Searchable Packet
633 of 650
CITY OF CUPERTINO
Agenda Item
25-14654 Agenda Date: 5/5/2026
Agenda #: 22.
Subject: City Manager Report
CITY OF CUPERTINO Page 1 of 1 Printed on 4/29/2026
powered by Legistar™634
CC 05-05-2026 Searchable Packet
634 of 650
Wednesday, April 29, 2026
A Message from the City Manager
Hello Neighbors,
The rest of the country is discovering what we in Cupertino have known all along–our City is an amazing place–and most recently ranked among the top places to live in California.
I was pleased to attend yesterday's groundbreaking for the Wolfe Road/Interstate 280 Interchange Improvement Project. This important publicprivate partnership is an investment will help improve traffic flow, safety, and connectivity for our community, and I look forward to seeing its progress in the months ahead.
As construction begins, I encourage everyone to plan to allow extra travel time when driving through the area. Your patience and attention to safety will help protect both workers and fellow residents during this process.
Thank you to everyone who joined us for the Cupertino Cherry Blossom Festival this past weekend. The event was a meaningful celebration of community, culture, and our Sister City relationship with Toyokawa, Japan. We appreciate Cupertino-Toyokawa Sister Cities, Inc. for organizing another successful festival for supporting this long-standing community tradition.
635
CC 05-05-2026 Searchable Packet
635 of 650
Warm Regards,
Tina Kapoor, City Manager
I also want to remind our business community that the Business License Amnesty Program is ending soon. Businesses have less than one month remaining to take advantage of reduced penalties for resolving unpaid or unlicensed business activity. If you need to come into compliance or update your license, I encourage you to act now.
There are also several ways to get involved in the coming weeks, including attending the upcoming E-Bikes and Youth Safety Community Meeting, participating in National River Cleanup Day, or joining one of our Personal, Family, and Neighborhood Preparedness workshops.
Finally, I'm excited to share that the Spring 2026 edition of the SCENE is now available, highlighting Public Service Recognition Week and the outstanding work of City staff from all departments.
Thank you for taking the time to stay informed and engaged in our community.
Read the full City Manager’s Newsletter April 29, 2026 and all previous editions at cupertino.gov/cmnewsletter.
636
CC 05-05-2026 Searchable Packet
636 of 650
CITY OF CUPERTINO
Agenda Item
25-14628 Agenda Date: 5/5/2026
Agenda #: 23.
Subject: Councilmember Reports
CITY OF CUPERTINO Page 1 of 1 Printed on 4/29/2026
powered by Legistar™637
CC 05-05-2026 Searchable Packet
637 of 650
CITY COUNCILMEMBER REPORT
Meeting: Tuesday, May 5, 2026
Reporting Councilmember: Vice Mayor Liang Chao
Report Dates: 04/01/26 to 04/28/26
Section 1: Committee Assignment
(In reverse chronological order)
2026-04-22 attended the Recycle and Waste Reduction Commission Meeting - This is a County-level meeting, where I represent the West Valley cities, appointed by the Cities Association Select Committee. See the Meeting Summary for actions taken. 2026-04-09 attended the Cities Association LAC & BOD Meeting - The agenda packets can be found here.
- The LAC voted to support the following bills and watch the remaining bills. - SB 1013 (Cervantes): Automated license plate recognition systems - SB 1159 (Cabaldon): Artificial intelligence: transparency and governance - Only “people” can make PRA requests, not a bot.
- AB 1761 (Rogers): Electricity: calculation methodology: data disclosure - AB 2517 (Calderon): Fire safety: fire hazard severity zones - The BOD voted to select Los Gatos Mayor Bob Moore to the Second Vice President/LAC Chair, since the former position holder resigned.
- Two speakers from the County Office of Emergency made a presentation on Emergency Preparedness, Response and Recovery: Dana Reed, Director of Emergency Management and Tom Chin, Deputy Director of Emergency Management.
2026-04-06 attended the Cupertino Legislative Review Committee Meeting - This is the first LRC meeting. The lobbyist will arrange an advocacy trip to Sacramento in June. - See the Legislative Activities page for a list of bills Cupertino has voted to support or oppose or watch.
Section 3: Activities by Date (Date, Title, and Description):
NOTE:
● This list does not include internal meetings with staff only, such as prep sessions or meetings with the City Manager. ● This list includes activities to “represent the community I am elected to serve”, “to respond to community needs and 1 638
CC 05-05-2026 Searchable Packet
638 of 650
complaints,” and “to communicate policies and programs to residents,” among other responsibilities of a City Councilmember.
● Due to my work schedule, I have cut down on the event attendance for ceremonial purposes, especially those I have attended almost every year in the past. Instead, I focus more of my time on constituent services. (In reverse chronological order)
2026-04-25 attended Cherry Blossom opening at Memorial Park - All five Councilmembers attended, even though the rain was coming in and out. There were still a lot of attendees. On Sunday, the festival was more crowded. 2026-04-25 attended the Launch event of Embodied AI Developer Ecosystem, by Faraday Future and NS Federation in Burlingame
- The room was full as they demoed their robots and the open-source platform to develop AI applications for the robots, which could help with public safety, senior care or companionship. 2026-04-23 attended the CUSD celebration for Distinguished School and the presentation of awards for CEEF at the new CUSD Board Room on Portal Avenue
- Lawson Middle School and the Kennedy Middle School have been recognized as the Distinguished Schools of California. CEEF has presented their award for Mr. G for his services to foster leadership in students, while teaching them math skills. CEEF presented certificates to art award recipients too. 2026-04-17 attended the Regional Safe Parking Forum, hosted by Supervisor Abe-Koga in Palo Alto. - Mountain View and Palo Alto presented their safe parking program with the support of Move Mountain View to manage the programs. Palo Alto shared that they have adopted guidelines for code of conduct for the program users. Slide Presentations.
- The Safe Parking Regional Collaboration (SPRC) Group will be formed to continue the effort.
Sign up here. The first meeting will be Tuesday, May 26 from 3 to 4PM via Zoom 2026-04-16 attended Shanghai Yangpu Bay Area Business Seminar in San Francisco, hosted by Bay Area Council
- The Mayor/District Head of Yangpu District came to visit and they will also go to Palo Alto, their sister city, later. The panel discussion invited U.S. business and academic speakers with long experiences doing business in China from bio to engineering.
2026-04-14 attended STEAM Extravaganza at Tessellation Schools - This is the first TEAM Extravaganza event where there were hands-on booths by vendors, nonprofits and teachers for students to explore.
2026-04-09 attended Mimouna, North Africa Jewish celebration of Passover in San Jose - Mimouna is a joyful tradition celebrated at the end of Passover, known for its hospitality, music and transitional sweets. The event was well attended with many people dancing into the night. 2 639
CC 05-05-2026 Searchable Packet
639 of 650
2026-04-05 attended International Tamil Academy (ITA) Heritage Day at De Anza College - ITA is a language school being held at De Anza College every Sunday. At the Heritage Day, children hosted booths to demonstrate the art, culture, science, architecture, sport and games of the area, in addition to dance performances.
2026-04-04 attended Rethinking Humanity & Education Under AI, hosted by Education4Impact and 7EDU Online High School, at the Senior Center
- I participated in a panel to share experiences and thoughts on education in the AI era with 3 other speakers. - Students presented their projects, from a study on an American who lived in Shanghai in early 1900s through his writings, a journalism effort to collect 1001 stories from everyday people to entrepreneurship initiatives.
3 640
CC 05-05-2026 Searchable Packet
640 of 650
1 CITY COUNCILMEMBER REPORT
Meeting: April 21, 2026
Reporting Councilmember: Councilmember J.R. Fruen
Report Dates: 3/31/26 to 4/13/26
Item Date, Title, and Description:
Event 1. April 7, 2026 – Meeting with Harvest Properties regarding Stevens Creek Boulevard project – I met with representatives of Harvest Properties regarding their proposed housing project on Stevens Creek Boulevard near Saich and Alves.
Event 2. April 10, 2026 – Meeting of Council Ad Hoc Subcommittee on draft letter to Speaker Rivas – I met with the City Manager and Mayor Moore to discuss potential edits to the draft letter authored by Morgan Hill Mayor Mark Turner and advocacy surrounding said letter pursuant to council action on April 7.
Event 3. April 13, 2026 – Meeting with the City Manager – I met with City Manager Tina Kapoor to go over upcoming council agenda items, items of interest, and issues raised by residents.
Event 4. April 13, 2026 – Budget and Bites Meeting – I attended this informational session aimed at showing members of the public how to engage with the city’s OpenGov tools, how to read budget documents, and how to engage with the budget development and adoption process.
641
CC 05-05-2026 Searchable Packet
641 of 650
1 CITY COUNCILMEMBER REPORT
Meeting: May 5, 2026
Reporting Councilmember: Councilmember Sheila Mohan
Report Dates: 4/14/26 to 4/27/26
Item Date, Title, and Description:
4/14/26: Participated remotely in a ‘regional town hall’ meeting at which mayors of Cupertino, Los Altos Hills and Saratoga discussed the impact of the proposed increase to Sheriff’s contract, and the cities’ joint counterproposal. The Sheriff and the County’s Chief Executive also participated in the discussion. Negotiations will continue and all participating agencies appeared to agree to an independent audit of the Sheriff’s operations and cost proposal.
4/23/26 Met with staff of County Supervisor Margaret Abe Koga to provide updates on recent council actions.
4/25/26 Along with city council members and other elected officials from state, county and school districts, I participated in the annual Cupertino Cherry Blossom Festival at Memorial Park. The festival was hosted by the CupertinoToyokawa Sister City Committee, and as always was well attended despite the inclement weather. Food trucks, Japanese art and artifact vendors and taiko performances enhanced the festive mood of the event. Japan’s Consul-General in San Franciso was the chief guest.
642
CC 05-05-2026 Searchable Packet
642 of 650
1 CITY COUNCILMEMBER REPORT
Meeting: May 5, 2026
Reporting Councilmember: Mayor Kitty Moore
Report Dates: 4/13/26 to 4/27/26
Item Date, Title, and Description:
April 13, 2026. Budget and Bites: attended this lively, interactive meeting reviewing the budget format and OpenGov with pizza.
April 14, 2026. Sheriff ad hoc committee Telephone Town Hall. Mayors Bateja, Page, and Moore along with Sheriff Jonsen and County Executive Williams shared statements and answered questions about the large Sheriff Contract jump and what the Gonsalves Act
requires.
April 16, 2026. Check in with Staff.
April 16, 2026. CPR, AED, Basic First Aid class.
Completed the online and in-person course and received
certificate.
April 17, 2026. Mercury News interview call.
April 17, 2026. City Leaders Summit prep call.
April 19, 2026. Attended Tai Ji Men Qigong Academy
60th Anniversary Celebration and 25th Anniversary of
being in Cupertino.
April 21, 2026. Meeting with D5 Supervisor Abe-Koga, Marico Sayoc, and Tina Kapoor regarding the County Budget and Sheriff Contract.
April 21, 2026. Meeting with City Attorney.
April 21, 2026. Cupertino City Council Meeting Regular Closed Session meeting followed by Regular Meeting.
643
CC 05-05-2026 Searchable Packet
643 of 650
City Council Mayor Moore Report
2 April 22-24, 2026. City Leaders Summit, Sacramento.
City Leaders Summit Session Materials:
• 2026 City Leaders Summit Program
• AI in Local Government A Case Study on
how Pleasant Ridge Adopted AI
• Building Family-Friendly Cities Child Care
as Critical Infrastructure
• How Local Governments Can Partner with
Youth for Lasting Change
• Rumor Has It Tackling Misinformation
• Securing our Future Water Supply
• The California State Budget, Federal
Uncertainty, and What it Means for Local
Leaders
• The New Grants and Economic
Development Playbook
• What California Cities Are Doing to Support Homeless Veterans Wednesday, April 22, 2026: Drove to Sacramento and met
with Peninsula group and Assemblymember Ahrens to
discuss bills of interest and hear what Assemblymember
Ahrens’ priorities are. Much of the discussion surrounded difficulties with the complexities of the housing laws.
Attended networking session. There are different tracks for this Conference to choose from and the above sessions
include overlapping ones,
which further overlap with
times to meet with
legislators
Thursday, April 23, 2026:
Networking breakfast.
Securing our Future Water
Supply. Meeting with Sen. Becker and Assemblymember Berman. 2026 Cities Gubernatorial Candidate Forum (3 candidates), Networking lunch, California State Budget session.
Friday, April 24, 2026: Networking Breakfast, AI Applications in Local Government (using AI chatbot to answer resident question, do research projects).
644
CC 05-05-2026 Searchable Packet
644 of 650
City Council Mayor Moore Report
3 April 25, 2026. Cupertino Cherry Blossom Festival at Memorial Park. There was an excellent turnout despite the drizzly weather! Toyokawa Sister City and their many volunteers provided yet another wonderful Cherry Blossom Festival.
April 27, 2026. Agenda look-ahead meeting with Staff.
645
CC 05-05-2026 Searchable Packet
645 of 650
CITY OF CUPERTINO
Agenda Item
25-14698 Agenda Date: 5/5/2026
Agenda #: 24.
Subject: Upcoming Draft Agenda Items Report
CITY OF CUPERTINO Page 1 of 1 Printed on 4/30/2026
powered by Legistar™646
CC 05-05-2026 Searchable Packet
646 of 650
Upcoming Draft Agenda Items
CITY OF CUPERTINO
City Council
Monday, May 11, 2026
Study Session
26-15095 Subject: Initial Study Session on Fiscal Year (FY) 2026-27 Proposed Budget and FY 2026-27 Capital Improvement Programs
Tuesday, May 19, 2026
Study Session
26-15019 Subject: Health and Safety Element Update
26-15062 Subject: A Presentation on the Proposed Public Open Space Conceptual Design for The Rise Development Project (formerly Vallco Town Center) Ceremonial Items
26-15087 Subject: Recognition of Asian American Pacific Islander (AAPI) Month. 26-14864 Subject: Recognition of the Public Works Department (Capital Improvements, Development Services, Transportation, Environmental Programs and Sustainability, Facilities and Fleet, Grounds, Streets and Sidewalks, and Trees and Right-of-Way) in conjunction with Public Works Week, May 17-23, 2026
Consent Calendar
26-14895 Subject: Award a contract to XXX, for STEAM Enrichment Programs for a total not-to-exceed amount of $XXX.
26-14915 Subject: Setting a hearing date of June 16, 2026 to declare brush with potential fire hazard a public nuisance and for objections to proposed removal through the Cupertino Brush Abatement Program
(Wildland-Urban Interface Fire Area); and adopting a resolution declaring properties as having potential fire hazards from brush and authorizing removal
26-14759 Subject: Extension of Contract with _____ for Crossing Guard services for a term of two years
26-14990 Subject: Setting a voluntary campaign expenditure limit of $__,___ for the November 3, 2026 City Council election
26-15004 Subject: Second reading and enactment of an ordinance amending Cupertino Municipal Code Sections 1.10, 2.20, 2.24, 2.48, 2.88, 3.12, and
3.38 to reflect organizational changes related to departmental structure and responsibilities.