Tuesday, September 1, 2026
6:45 PM
CITY OF CUPERTINO
Televised Regular Meeting (6:45)
10350 Torre Avenue, Council Chamber and via Teleconference City Council
KITTY MOORE, MAYOR
LIANG CHAO, VICE MAYOR
J.R. FRUEN, COUNCILMEMBER
SHEILA MOHAN, COUNCILMEMBER
R "RAY" WANG, COUNCILMEMBER
IN PERSON AND TELECONFERENCE MEETING
For more information: (408) 777-3200 | www.cupertino.gov AGENDA
To access written translation during the meeting
Please scan the QR Code or click this link | ዴ㟂ᅾ宕㜆旛
厞⎽ṍ杉俢宸寞㉒㎶ṳ仛䟨ㇽ䂠⇢㭋擥㎌:
https://attend.wordly.ai/join/NVUR-8095
Choose Language and Click Attend | 忰㋐寔姧⹝䂠⇢“ཧຍ
Use a headset on your phone for audio or read the transcript on your device. |寞ὦ䔏㈲㜡倚㜡㔝␓柚桸 ㇽ✏宥⣮ᷱ旬寢
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CONDUCT OF BUSINESS
The Mayor is the presiding officer of the City Council. Any member of the public may speak on any item on the agenda for up to three minutes. All statements and questions must be addressed to the Mayor.
City Council hearings serve as a venue for the discussion of sometimes divergent points of view. Please re spect the opinions of others and refrain from cheering or clapping. That may delay the meeting or intimidate other persons wishing to express alternate views. Actions that disrupt the meeting will result in a warning, followed by removal if disruption continues.
Oral public comments will be accepted during the meeting. Comments may be made during “oral communications” for matters not on the agenda, and during the public comment period for each agenda item.
Identifying yourself is voluntary and not required to attend the meeting or provide comments.
FLOWCHART FOR HEARING ITEMS:
Mayor introduces
agenda item
Councilmembers report any site
visits or outside communications.
Speakers submit a Request to Speak
card, and are allowed up to 3 minutes
per individual. Council members may
ask questions of speakers.
Mayor invites members of
the public to speak about
the agenda item
For appeals of approvals, the
applicant may respond to
appellants presentation.
The Mayor may request a motion and
a second after the close of the public
hearing. Council then deliberates and
votes.
Mayor closes the public hearing
Councilmembers ask clarifying
questions.
PUBLIC HEARINGS
The City Council is required by law to
hold public hearings on certain matters
prior to making its decision. Notice to
interested parties is given by legal
advertisement in the local newspaper of
general circulation at least 10 calendar
days preceding the hearing date.
Applications requiring public hearings
include change of zoning, variances, use
permits, and tentative maps.
COUNCIL MEETINGS
The City Council regularly meets the first
and third Tuesdays of each month. These
meetings are held at 6:45 p.m. Closed
sessions, when needed, are normally held
at 6:00 p.m. Closed sessions cover items
such as personnel, litigation, or the sale ,
purchase, or lease of property. The law
requires certain actions taken in closed
session to be reported in open session.
Urgent business, holidays, or election
days may trigger special or adjourned
meetings. These meetings will be noticed
beforehand.
AGENDAS, MINUTES, AND PACKETS
AVAILABLE ON THE WEB
Agendas, minutes, and packets for
current and prior City Council and
Planning Commission meetings are
available at www.cupertino.org, or you
can purchase the items on CD.
CITY COUNCIL DECISION IS FINAL
Prior to seeking judicial review of any
adjudicatory (quasi ‐judicial) decision,
interested persons must file a petition for
reconsideration within ten calendar days
of the date the City Clerk mails notice of
the City’s decision. Reconsideration
petitions must comply with the
requirements of Cupertino Municipal
Code §2.08.096. Contact the City Clerk’s
office for more information or go to
www.http://www.cupertino.org/index.as
px?page=125 for a reconsideration
petition form.
Mayor invites
applicant/appellant to
respond to public
comments (2 min)
City Council votes on
the agenda item
Staff reports and makes
recommendation
Applicant or Appellant
makes presentation
(up to 8 min)
Councilmembers ask
questions of staff or
applicant/appellant
Mayor opens the public hearing
City Council Agenda September 1, 2026
IN-PERSON AND TELECONFERENCE / PUBLIC PARTICIPATION INFORMATION OPTIONS TO OBSERVE:
Members of the public wishing to observe the meeting may do so in one of the following ways:
1) Attend in person at Cupertino Community Hall, 10350 Torre Avenue. 2) Tune to Comcast Channel 24 or Channel 26 and AT&T U-Verse Channel 99 on your TV. 3) Watch a live stream online at www.Cupertino.gov/youtube and www.Cupertino.org/webcast
4) Attend in person at a remote Teleconference Location noticed pursuant to Gov. Code 54953(b)(2), which location, if noticed, would be stated on the cover page of this agenda.
OPTIONS TO PARTICIPATE AND COMMENT:
Members of the public wishing to address the City Council may do so in the following ways:
1) Appear in person for Open Session in Cupertino Community Hall.
A. During “Oral Communications”, the public may comment on matters not on the agenda, and for agendized matters, the public may comment during the public comment period for each agendized item.
B. Speakers are requested to complete a Speaker Card. While completion of Speaker Cards is voluntary and not required to attend the meeting or provide comments, it is helpful for the purposes of ensuring that all speakers are called upon.
C. Speakers must wait to be called, then proceed to the lectern/podium and speak into the microphone when recognized by the Mayor.
D. Speakers are limited to three (3) minutes each. However, the Mayor may reduce the speaking time depending on the number of people who wish to speak on an item. A speaker representing a group between 2 and 5 members of the public in attendance may have up to 2 minutes per group member to speak, up to 10 minutes maximum.
E. Please note that due to cyber security concerns, speakers are not allowed to connect any personal devices at the lectern/podium. However, speakers that wish to share a document (e.g. presentations, photographs or other documents) during oral comments may do so in one of the following ways:
a) At the overhead projector at the podium, or
b) E-mail the document to [email protected] by 3:00 p.m. and staff will advance the slides/share the documents during your oral comment.
2) Written Communications as follows:
A. E-mail comments to the City Council for Open Session at
City Council Agenda September 1, 2026
[email protected] as follows:
a. E-mail comments must be received by 4:00 p.m. on the day of the meeting in order to be forwarded to the City Council before the meeting.
b. Emailed comments received following agenda publication but prior to, or during, the meeting, will be posted to the City’s website after the meeting. c. These e-mail comments will also be received by each City Councilmember, the City Manager, and the City Clerk’s Office. Comments on non-agenda items sent to any other email address will be included upon the sender's request.
B. Regular mail or hand delivered addressed to the: City Council, City Hall, 10300 Torre Avenue, Cupertino, CA 95014
3) Teleconference in one of the following ways:
A. Online via Zoom on an electronic device (Audio and Video):
a) To access the meeting, speakers must register individually for the open session in advance by clicking on the links below.
b) Registrants will receive a confirmation email containing information about joining the webinar.
c) Speakers will be recognized by the name they use for registration. Once recognized, speakers must click ‘unmute’ when prompted to speak.
d) Please read the following instructions about technical compatibility carefully: One can directly download the teleconference (Zoom) software or connect to the meeting in their internet browser. If a browser is used, make sure the most current and up-to-date browser, such as the following, is used: Chrome 30+, Firefox 27+, Microsoft Edge 12+, Safari 7+.
Certain functionality may be disabled in older browsers, including Internet Explorer. e) OPEN SESSION REGISTRATION LINK:
https://cityofcupertino.zoom.us/webinar/register/WN_0NHgf5lCQPiusQGn3YR6ug B. By Phone (Audio only): No registration is required in advance and speakers may join the meeting as follows:
a) Dial 669-900-6833
OPEN SESSION WEBINAR ID: 813 9432 2026
b) To “raise hand” to speak: Dial *9; When asked to unmute: Dial *6 c) Speakers will be recognized to speak by the last four digits of their phone number.
C. Online via the teleconferencing device (Audio and Video) being used to provide access to the meeting from a remote Teleconference Location noticed pursuant to Gov. Code 54953(b)(2), which location, if noticed, would be stated on the cover page of this agenda.
City Council Agenda September 1, 2026
a) Speakers are required to notify the City Clerk via email to [email protected] prior to noon on the date of the meeting during which they plan to participate and comment from the remote location noticed to ensure the City Clerk is prepared to accept their comment. b) If the teleconferencing device malfunctions impeding access to the meeting from the remote location, the speaker may alternatively participate via the other options for remote participation provided above.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
CLOSED SESSION REPORT
CEREMONIAL ITEMS
1. Subject: Recognition of Bertha Smith on the occasion of her 100th birthday.
Recommended Action : Present certificate of recognition to Bertha Smith on the occasion of her 100th birthday.
A - Certificate of Recognition
2. Subject: Recognize September as National Preparedness Month.
Recommended Action: Present proclamation to Collaborating Agencies' Disaster Relief Effort (CADRE) in conjunction with the recognition of September as National Preparedness Month.
A - Proclamation
3. Subject: Recognition of September 15-October 15 as National Hispanic Heritage Month.
Recommended Action : Recognize September 15-October 15 as National Hispanic Heritage Month.
4. Subject: Recognition of Innovation & Technology Department (Applications, GIS, Infrastructure, Multimedia, and Administration Divisions).
Recommended Action : Recognize Innovation & Technology Department (Applications, GIS, Infrastructure, Multimedia, and Administration Divisions).
A - Proclamation
POSTPONEMENTS AND ORDERS OF THE DAY
ORAL COMMUNICATIONS
This portion of the meeting is reserved for persons wishing to address the Council on any matter within
City Council Agenda September 1, 2026
the jurisdiction of the Council and not on the agenda for discussion. 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. Individual speakers are limited to three (3) minutes. As necessary, the Chair may further limit the time allowed to individual speakers, or reschedule remaining comments to the end of the meeting on a first come first heard basis, with priority given to students. In most cases, State law will prohibit the Council from discussing or making any decisions with respect to a matter not listed on the agenda. A councilmember may, however, briefly respond to statements made or questions posed by speakers. A councilmember may also ask a question for clarification, provide a reference for factual information, request staff to report back concerning a matter, or request that an item be added to a future City Council agenda in response to public comment.
CONSENT CALENDAR (Items 5-11)
Items appearing on the Consent Calendar are considered routine City business and may be approved by one motion. Typical items may include meeting minutes, awards of contracts, the ratification of accounts payable, and second readings of ordinances. Any member of the Council may request to have an item removed from the Consent Calendar based on the rules set forth in the City Council Procedures Manual. Members of the public may provide input on one or more consent calendar items when the Mayor asks for public comments on the Consent Calendar.
5. Subject: Approval of July 21, 2026 City Council meeting minutes Recommended Action: Approve the July 21, 2026 City Council meeting minutes A - Draft Minutes
6. Subject: Approval of August 11, 2026 City Council meeting minutes.
Recommended Action: Approve the August 11, 2026 City Council meeting minutes.
A - Draft Minutes
7. Subject: Receipt of Monthly Treasurer's Investment Report for July 2026.
Recommended Action : Receive the Monthly Treasurer's Investment Report for July 2026.
Staff Report
A – Chandler Investment Report July 2026
8. Subject: Receipt of Monthly Treasurer's Report for July 2026.
Recommended Action: Receive the Monthly Treasurer's Report for July 2026.
Staff Report
A – Report of City-wide Receipts, Disbursements, and Cash Balances July 2026 B – Report of City-wide Fund BalancesNet Position July 2026
9. Subject: Acceptance of Annual Evaluation Report on the Federal Emergency Management Agency (FEMA) Community Rating System ’s (CRS) Program for Public Information.
City Council Agenda September 1, 2026
Recommended Action: Adopt Resolution No. 26-091 Accepting the Annual Evaluation Report for Fiscal Year 2026 (Year 5) of the 2021 Santa Clara County Multi-Jurisdictional Program for Public Information.
Staff Report
A - Draft Resolution
B - Annual Evaluation Report for FY 26
C - July 31, 2026 Joint Letter for Reconsideration
10. Subject: Resolution amending the City of Cupertino Conflict of Interest Code for officials and designated employees; Amended 2026 Local Agency Biennial Notice Recommended Action : 1.) Adopt Resolution No. 26-092 rescinding Resolution No . 24-099 and amending the City of Cupertino Conflict of Interest Code for officials and designated employees; and
2.) Authorize the City Manager to sign the amended 2026 Local Agency Biennial Notice Staff Report
A - Adopted Resolution No. 24-099 rescinding Resolution No. 24-083 and amending the City of Cupertino Conflict of Interest Code
B - Draft Resolution and Conflict of Interest Code (Redline) C - Draft Resolution and Conflict of Interest Code (Clean) D - Amended 2026 Local Biennial Notice Final
11. Subject: Acceptance of Legislative Review Committee (LRC) recommendation supporting Senate Bill 922 (Laird) Vehicles: Local Agency Charges: Use of Streets or Highways; Authorization for Mayor to send letters to the State Legislature.
Recommended Action : Adopt support position on Senate Bill 922 (Laird) Vehicles :
Local Agency Charges: Use of Streets or Highways and authorize the Mayor to send letters to the State Legislature.
Staff Report
A - Draft Letter of Support
PUBLIC HEARINGS - None
Government Code Section 65103.5 limits the distribution of copyrighted material associated with the review of development projects. Members of the public wishing to view plans that cannot otherwise be distributed under Govt. Code Section 65103.5 may make an appointment with the Planning Division to view them at City Hall by sending an email to planning@cupertino .gov. Plans will also be made available digitally during the hearing to consider the proposal.
ACTION CALENDAR
12. Subject: Introduction of an ordinance amending Municipal Code Chapter 2.88 Audit Committee Duties, Powers, and Responsibilities and Related Municipal Code Updates
City Council Agenda September 1, 2026
Recommended Action : Introduce and conduct the first reading of Ordinance No . 26-2285 "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING MUNICIPAL CODE CHAPTER 2.88 TO RENAME THE AUDIT
COMMITTEE AS THE AUDIT AND FINANCE COMMITTEE, UPDATE ITS DUTIES,
POWERS, AND RESPONSIBILITIES, AND UPDATE THE DIRECTOR OF FINANCE TITLE" to:
1. Rename the Audit Committee as the "Audit and Finance Committee";
2. Modify Section 2.88.100(g) to read: “To review the City ’s internal controls and internal audit reports.”
3. Add Section 2.88.100(i): “To review the use of artificial intelligence in the City ’s financial reporting, internal controls over financial reporting, risk management, and compliance.”
4. Update Section 2.88.110 referencing Director of Administrative Services to Director of Finance
Staff Report
A - Draft Ordinance (Redline)
B - Draft Ordinance (Clean)
13. Subject: Consider approval of response to the 2025-2026 Civil Grand Jury of Santa Clara County Report entitled VTA ’s Management and Oversight of BART Silicon Valley Phase II (“Civil Grand Jury Report”)
Recommended Action: Review, discuss and approve the City of Cupertino ’s response to that Civil Grand Jury Report.
Staff Report
A - Civil Grand Jury Report
ITEMS REMOVED FROM THE CONSENT CALENDAR
CITY MANAGER REPORT
14. Subject: City Manager Report
A - City Manager's Report
ORAL COMMUNICATIONS - CONTINUED
COUNCILMEMBER REPORTS
15. Subject: Councilmember Reports
A - Councilmember Report, Fruen
B - Councilmember Report, Mohan
C - Councilmember Report, Moore
FUTURE AGENDA ITEMS
City Council Agenda September 1, 2026
The Upcoming Draft Agenda Items Report is a tentative council meeting agenda calendar that lists upcoming City Council meeting dates and tentative agenda items, all of which are subject to change.
16. Subject: Upcoming Draft Agenda Items Report
A - Upcoming Draft Agenda Items Report
ADJOURNMENT
Lobbyist Registration and Reporting Requirements: Individuals who influence or attempt to influence legislative or administrative action may be required by the City of Cupertino ’s lobbying ordinance (Cupertino Municipal Code Chapter 2.100) to register and report lobbying activity. Persons whose communications regarding any legislative or administrative are solely limited to appearing at or submitting testimony for any public meeting held by the City are not required to register as lobbyists .
For more information about the lobbying ordinance, please contact the City Clerk ’s Office at 10300 Torre Avenue, Cupertino, CA 95014; telephone ( 408) 777-3223; email cityclerk@cupertino .org; and website: www.cupertino.org/lobbyist.
The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6; litigation challenging a final decision of the City Council must be brought within 90 days after a decision is announced unless a shorter time is required by State or Federal law.
Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City’s decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk ’s office for more information or go to http://www.cupertino.org/cityclerk for a reconsideration petition form.
In compliance with the Americans with Disabilities Act ( ADA), anyone who is planning to attend this meeting who is visually or hearing impaired or has any disability that needs special assistance should call the City Clerk's Office at 408-777-3223, at least 48 hours in advance of the meeting to arrange for assistance. In addition, upon request in advance by a person with a disability, meeting agendas and writings distributed for the meeting that are public records will be made available in the appropriate alternative format.
Any writings or documents provided to a majority of the Cupertino City Council after publication of the packet will be made available for public inspection in the City Clerk ’s Office located at City Hall, 10300 Torre Avenue, Cupertino, California 95014, during normal business hours; and in Council packet archives linked from the agenda/minutes page on the City web site.
IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipal Code section
2.08.100 written communications sent to the City Council, Commissioners or staff concerning a matter
City Council Agenda September 1, 2026
on the agenda are included as supplemental material to the agendized item. These written communications are accessible to the public through the City website and kept in packet archives. Do not include any personal or private information in written communications to the City that you do not wish to make public, as written communications are considered public records and will be made publicly available on the City website.
THE CITY COUNCIL AND STAFF
CITY COUNCIL
Cupertino is a General Law city organized under and subject to statutes of the State of California. It is governed by the five‐member City Council with the Mayor as the presiding officer. CityCouncil members are elected at‐large to four‐year, overlapping terms. Each November a mayor and a vice‐mayor are selected by the City Council for a one‐ yearterm.
The City Council receives advice and assistance from eleven advisory bodies, which are appointed by the Council.
These are the Audit Committee, Bicycle Pedestrian Commission, Fine Arts Commission, Housing Commission, Library Commission, Parks and Recreation Commission, Planning Commissi on, Public Safety Commission, SustainabilityCommission,TeenCommission,and Technology,Informati on,and CommunicationsCommission.
Councilmembersalsoserveonavarietyof regionalbodies,including:
∙ AssociationofBay AreaGovernments
∙ LeagueofCaliforniaCities
∙ SantaClaraCounty(SCC)CitiesAssociation
∙ SCCEmergencyPreparednessCouncil
∙ SCCLibraryDistrict
∙ SCCEmergencyPreparednessCommission
∙ SantaClaraValleyWaterCommissionandWater District
∙ SCCTransportation Authoritym
∙ WestValleyMayors andManagers
STAFF
The City Manager and the City Attorney are appointed by the Council. The City Manager is responsible for interpreting andcarrying outCouncil policies anddirection,andas the chief administrative officer,the CityManager coordinates the many activitiesof the city andappoints the professionalandtechnicalstaff. The CityAttorney is the advisortotheCityCouncilas awhole.
TYPES OF COUNCIL ACTIONS
ORDINANCES
Ordinances are the means by which the City enacts its local laws. Unless an urgent situation exists, ordinances will first be presentedat aCouncilmeeting as a“firstreading."Ata subsequentCouncilmeeting, there will be a“second reading and adoption." Ordinances go into effect after a waiting period ofthirty days, in most cases, during which time thesummaryof theordinance ispublishedinalocalnewspaperapprove dforthispurpose.
RESOLUTIONS
Resolutions andminute ordersare the means bywhich the CityCouncil formally adopts policies or approves specific actions. Thesegointoeffectwhenadopted .
APPEALS
Any interested person, including a Council member, may appeal a Planning Commission or Director of Community Development decision to the City Council. An appeal must be submitted in writing to the City Clerk within 14 calendardays ofthemailing ofthe noticeof thedecision.
RECONSIDERATION
Prior to seeking judicial review of any adjudicatory (quasi‐judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mai ls notice of the City’s decision.
Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk’s office for more information or go to www.http://www.cuperti no.org/index.aspx?page=125 for a reconsiderationpetitionform.
COMMUNICATING WITH COUNCIL
(408) 777‐1389
(408) 777‐3192
(408) 777‐1316
(408) 777-1326
(408) 777‐3138
(408) 777‐3139
All Council members:
Kitty Moore
Liang Chao
J.R. Fruen
Sheila Mohan
R "Ray" Wang
Executive Assistant
City Hall
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
www.cupertino.gov
(408) 777‐CITY
Please note: the City Council discouragessubmission of written materials on the day of the meeting as this does not provide enough time to give the materials fair evaluation. If you must provide written materials on the day of the meeting, as least one copy must be given to the City Clerk for the permanent record, and ten copies are preferred.
NEWS AND NOTICES FROM CITY HALL
OPTIONS TO VIEW AND PARTICIPATE REMOTELY
The City Channel broadcasts City Council meetings, agenda previews, public service announcements, and other programs of community interest, on Comcast Channel 24 or Channel 26 and U-verse Channel 99.
USEFUL TELEPHONE NUMBERS
City of Cupertino (City Hall) General Information andComments (40 8) 777‐CITY Fire (Emergency) Santa Clara County Fire Dept. dispatch 911 Fire (Non‐Emergency) Santa Clara County Fire Dept. (408)378‐4010 Garbage Recology South Bay (408) 725‐4020
Gas & Electricity Pacific Gas & Electric (PG&E) 1‐800‐743‐5000 Recreation & Community Quinlan Community Center (408) 777‐3120 Services
Police (Emergency) Santa Clara County Sheriff dispatch 911 Police (Non‐Emergency) Santa Clara County Sheriff (408) 868‐6600 Public Health Santa Clara County Public Health (408) 732‐3720 Sanitary Sewers Cupertino Sanitary District (408) 253‐7071 Water San Jose Water (408) 279‐7900
California Water (650) 917‐0152
Tuesday 6:45 PM (Live)
Saturday 9:00 AM9:
Wednesday 10:00 AM & 7:00 PM
Sunday 12:00 PM
Friday 10:00 AM & 7:00 PM
Monday 10:00 AM & 7:00 PM
City Council videos are available on demand at www.cupertino.gov. Livestream can be watched online at www.Cupertino.gov/youtube and www.Cupertino.gov/webcast. To participate remotely, view the "Options to Observe" section in the posted City Council Agenda.
AUDIO
Tune into Radio Cupertino, 1670 AM, for meeting announcements, public service messages, and emergency announcements.
NEWS, COMMUNITY INFORMATION, AND E-NOTIFICATION SIGN-UP CAN ALSO BE FOUND AT https://www.facebook.com/cityofcupertino
https://twitter.com/cityofcupertino
https://www.instagram.com/cityofcupertino
https://www.cupertino.gov/notify