DRAFT MINUTES
CUPERTINO CITY COUNCIL
Tuesday, October 6, 2026
At 5:45 p.m., Mayor Moore called the Regular City Council Meeting to order in City Hall Conference Room C, 10300 Torre Avenue, Cupertino, CA 95014 and via teleconference; and Teleconference Location Pursuant to Gov. Code 54953(b)(2): Marriott Marquis NYC, Hotel Lobby, 1535 Broadway, New York, NY 10036.
ROLL CALL
Present: Mayor Kitty Moore, Vice Mayor Liang Chao and Councilmembers J.R. Fruen, Sheila Mohan, and R “Ray” Wang (participated virtually).
Councilmember Wang confirmed that he was in the noticed public location and that the location was open to the public. He further confirmed that he had posted the notice of the meeting at his remote location, that no other individuals over the age of 18 were with him, and that no one had indicated to him that they were intending to make public comments or address the Council.
In open session prior to closed session, Mayor Moore opened the public comment period regarding any items on the closed session agenda. No members of the public requested to speak, and Mayor Moore closed the public comment period.
CLOSED SESSION
1. Subject: CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (California Government Code sections 54954.5 and 54956.9) Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: (1 case potential case)
Council met with legal counsel on the anticipated litigation.
2. Subject: CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(California Government Code Sections 54954.5 and 54956.8)
1. Property: 10480 Finch Avenue, Cupertino, CA
City Council Minutes October 6, 2026
2. Agency Negotiators: Tina Kapoor, City Manager and Floy Andrews, Interim City Attorney
3. Negotiating Parties: City of Cupertino and Cupertino Union School District
4. Under Negotiation: Price and terms of payment
At 6:14 p.m., Mayor Moore recused herself from this item and Vice Mayor Chao resumed chairing the meeting.
Council met with real property negotiators.
RECESS
At 6:28 p.m., Vice Mayor Chao recessed the meeting.
OPEN SESSION
At 6:48 p.m., Mayor Moore reconvened the Regular City Council Meeting and led the Pledge of Allegiance in the Cupertino Community Hall Council Chamber, 10350 Torre Avenue and via teleconference; and Teleconference Location Pursuant to Gov. Code 54953(b)(2): Marriott Marquis NYC , Hotel Lobby, 1535 Broadway, New York, NY 10036.
ROLL CALL
Present: Mayor Kitty Moore, Vice Mayor Liang Chao, and Councilmembers J.R. Fruen, Sheila Mohan, and R “Ray” Wang (participated virtually).
Councilmember Wang confirmed that he was in the noticed public location and that the location was open to the public. He further confirmed that he had posted the notice of the meeting at his remote location, that no other individuals over the age of 18 were with him, and that no one had indicated to him that they were intending to make public comments or address the Council.
CLOSED SESSION REPORT
Interim City Attorney Floy Andrews announced that no reportable action was taken during the closed sessions held on September 29, 2026, October 5, 2026, and at 5:45 p.m. on October 6, 2026.
CEREMONIAL ITEMS
3. Subject: Recognition of the Community Development Department (Planning, Building, Housing, and Code Enforcement Divisions)
City Council Minutes October 6, 2026
Recommended Action: Recognize the Community Development Department (Planning, Building, Housing, and Code Enforcement Divisions) Mayor Moore presented a proclamation recognizing the Community Development Department (Planning, Building, Housing, and Code Enforcement Divisions).
POSTPONEMENTS AND ORDERS OF THE DAY
11. Subject: Tax and Equity Fiscal Responsibility Act (TEFRA) public hearing and approval of conduit financing for The RISE Block 5 Apartments Project Recommended Action: 1. Conduct the public hearing under the requirements of the Tax and Equity Fiscal Responsibility Act (TEFRA) and the Internal Revenue Code of 1986, as amended (the “Code”).
2. Adopt Resolution No. 26-103 approving the issuance of Bonds by the California Municipal Finance Authority (CMFA) for the benefit of Eden Housing, Inc., a California nonprofit public benefit corporation (the “Developer”), on behalf of a limited partnership or another ownership entity to be formed by the Developer or an affiliate of the Developer (such limited partnership or other ownership entity is referred to herein as the “Borrower”), to provide financing for the Project. Such adoption is solely for the purpose of satisfying the requirements of TEFRA and the California Government Code Section 6500 (and following). The resolution will also authorize the Mayor or designee to execute the Joint Exercise of Powers Agreement with the CMFA.
Written communications for this item included a desk item, staff presentation and emails to Council.
MOTION: Moore moved and Mohan seconded to postpone Item No. 11 to October 20, 2026. The motion passed with the following vote: Ayes: Moore, Chao, Fruen, Mohan, and Wang. Noes: None. Abstain: None. Absent: None.
ORAL COMMUNICATIONS
Written communications for this item included emails to the Council.
The following members of the public spoke:
Rhoda Fry discussed the city’s revenues and sales tax performance.
Minna discussed political signs.
Pamela Hershey discussed political signs.
City Council Minutes October 6, 2026
Jasmine Tan and Raina Wang, representing In Her Purse organization, discussed financial abuse.
Vanessa discussed law enforcement and political signs.
Steven Scharf discussed law enforcement and political signs.
Oscar Mazariegos, representing North Coast States Carpenters Union, discussed SB35 labor standards for The Rise development project.
Daniel Alvalez, representing North Coast States Carpenters Union, discussed SB35 labor standards for The Rise development project.
Harvey McKeon, representing North Coast States Carpenters Union, discussed SB35 labor standards for The Rise development project.
Rhoda Fry discussed SB35 labor standards for The Rise development project.
Xun Cheng (virtually) discussed political signs.
Call-in User_1 (virtually) discussed commercial and residential vacancies.
San Rao (virtually) discussed the Tax and Equity Fiscal Responsibility Act (TEFRA) for The Rise Block 5 apartments project.
CONSENT CALENDAR (Items 4-9)
Mayor Moore opened the public comment period for Items 4-8 and, seeing no one, closed the public comment period.
MOTION: Moore moved and Fruen seconded to approve Consent Calendar Item Nos. 4-8.
The motion passed with the following vote: Ayes: Moore, Chao, Fruen, Mohan, and Wang.
Noes: None. Abstain: None. Absent: None.
At 7:35 p.m. Mayor Moore recused herself from the dais for Item No. 9, and Vice Mayor Chao chaired the meeting.
Vice Mayor Chao opened the public comment period for Item No. 9, and, seeing no one, closed the public comment period.
City Council Minutes October 6, 2026
MOTION: Fruen moved and Wang seconded to approve Consent Calendar Item No. 9. The motion passed with the following vote: Ayes: Chao, Fruen, Mohan, and Wang. Noes: None.
Abstain: None. Absent: Moore (recused).
At 7:38 p.m. Mayor Moore returned to the dais and resumed chairing the meeting.
4. Subject: Approval of September 15, 2026 City Council meeting minutes Recommended Action: Approve the September 15, 2026 City Council meeting minutes
5. Subject: Receipt of Monthly Treasurer's Investment Report for August 2026.
Recommended Action: Receive the Monthly Treasurer's Investment Report for August 2026.
6. Subject: Receipt of Monthly Treasurer's Report for August 2026.
Recommended Action: Receive the Monthly Treasurer's Report for August 2026.
7. Subject: Approval of a resolution increasing the employer's contribution for medical and hospitalization insurance consistent with the Public Employees’ Medical and Hospital Care Act (“PEMHCA” or the “Act”) for retired annuitants hired with the City of Cupertino prior to August 2004.
Recommended Action: Adopt Resolution No. 26-101 increasing the employer's contribution for medical and hospitalization insurance for retired annuitants hired with the City of Cupertino prior to August 2004.
8. Subject: Approval of a Resolution Authorizing Submittal of An Individual Grant Application for $80,000 for the Rubberized Pavement Grant Program.
Recommended Action: Adopt Resolution No. 26-102 Authorizing Submittal of An Individual Grant Application for $80,000 from the Rubberized Pavement Grant Program.
9. Subject: Approval of Exchange Agreement for the Finch Property at a Negotiated Purchase Price of $11.8 Million
Recommended Action: 1. Adopt Resolution 26-108 to approve the Exchange Agreement between the City of Cupertino (“City”) and the Cupertino Union School District (“CUSD”) for the acquisition of the Finch Property (“Property”) at a negotiated purchase price of $11.8 million from the Parkland Dedication Fund authorizing the City Manager to execute the Exchange Agreement and related documents necessary to complete the acquisition;
2. Find that the acquisition is exempt from the California Environmental Quality Act (“CEQA”).
City Council Minutes October 6, 2026
INFORMATIONAL ITEMS
10. Subject: Public Information Session regarding Santa Clara County Department of Environmental Health approved remediation plan for soil contamination at The Rise Written communications for this item included emails to Council and a staff presentation.
Partner Richard Campbell of Aleshire & Wynder gave a presentation.
Councilmembers asked questions and made comments.
Mayor Moore requested an informational memorandum on the current plume and how four potential PCE and TCE sources in the vicinity (The Marketplace, United Furniture, Vallco, and Joann Fabric), including at least three that appear connected, will impact design and cleanup for Block 5 and surrounding parcels.
Mayor Moore opened the public comment period and the following members of the public spoke:
Pamela Hershey
Mayor Moore closed the public comment period.
Council received the Public Information Session regarding Santa Clara County Department of Environmental Health approved remediation plan for soil contamination at The Rise.
PUBLIC HEARINGS
12. Subject: Introduction of Municipal Code Amendments to Chapter 19.08 (Definitions) to revise definitions of “attic” and “garages” and establish a new definition of “square footage” to align with state law, and associated Environmental Review. (Applicant:
City of Cupertino; Location: City-wide) (Continued from September 15, 2026) Recommended Action: Introduce and conduct the first reading of Ordinance No. 26-2286: “An Ordinance of the City Council of the City of Cupertino to Amend Municipal Code Chapter (Definitions)”.
Written communications for this item included a staff presentation.
John Cardenas, Of Counsel at Aleshire & Wynder gave a presentation.
City Council Minutes October 6, 2026
Councilmembers asked questions and made comments.
Mayor Moore opened the public hearing, and, seeing no one, closed the public hearing.
Councilmembers asked questions and made comments.
MOTION: Fruen moved and Wang seconded to introduce and conduct the first reading of Ordinance No. 26-2286: “An Ordinance of the City Council of the City of Cupertino to Amend Municipal Code Chapter 19.08 (Definitions)”. The motion passed with the following vote: Ayes: Moore, Chao, Fruen, Mohan, and Wang.
Noes: None. Abstain: None. Absent: None.
At 8:29 p.m., Mayor Moore recessed the meeting. The meeting reconvened at 8:36 p.m. with all Councilmembers present (Wang virtually).
13. Subject: Consider a Use Permit, Tentative Map, Architectural and Site Approval, and Tree Removal Permit for the construction of a 35-unit townhome development to replace an existing strip mall (Coach House). The project utilizes Senate Bill 330 (SB 330) and provisions of State Density Bonus law. (Application No(s): U-2025-005, ASA-2025-014, TM-2025-006, TR-2025-030; Applicant: Joshua Vrotsos, Dividend Homes; Location: 1655 S. De Anza Boulevard and 7357 Prospect Road; APNs: 366 10 061 and 366 10 126)
Recommended Action: 1. Find the project statutorily exempt from the California Environmental Quality Act (CEQA); and
2. Make the required findings of No Net Loss (SB 166); and
3. Approve the project by:
a. Adopting Resolution No. 26-104 approving Use Permit (U-2025-005) (Attachment A);
b. Adopting Resolution No. 26-105 approving Architectural & Site Approval Permit (ASA-2025-014) (Attachment B);
c. Adopting Resolution No. 26-106 approving Vesting Tentative Map (TM-2025-006) (Attachment C); and
d. Adopting Resolution No. 26-107 approving Tree Removal Permit (TR-2025-030) (Attachment D).
Written communications for this item included emails to Council and staff presentation.
Council disclosed ex-parte communications.
Senior Planner Emi Sugiyama gave a presentation.
City Council Minutes October 6, 2026
Councilmembers asked questions and made comments.
Josh Vrotsos, Vice President of Development at Dividend Homes, provided a verbal report on the project.
Councilmembers asked questions and made comments.
Mayor Moore opened the public hearing and the following members of the public spoke:
San Rao
Mayor Moore closed the public hearing.
Councilmembers asked questions and made comments.
MOTION: Chao moved and Fruen seconded the staff recommendation to:
1. Find the project statutorily exempt from the California Environmental Quality Act (CEQA); and
2. Make the required findings of No Net Loss (SB 166); and
3. Approve the project by:
a. Adopting Resolution No. 26-104 approving Use Permit (U-2025-005) (Attachment A); and
b. Adopting Resolution No. 26-105 approving Architectural & Site Approval Permit (ASA-2025-014) (Attachment B); and
c. Adopting Resolution No. 26-106 approving Vesting Tentative Map (TM2025-006) (Attachment C); and d. Adopting Resolution No. 26-107 approving Tree Removal Permit (TR2025-030) (Attachment D).
The motion passed with the following vote: Ayes: Moore, Chao, Fruen, Mohan, and Wang. Noes: None. Abstain: None. Absent: None.
ACTION CALENDAR – None
ITEMS REMOVED FROM THE CONSENT CALENDAR – None
CITY MANAGER REPORT
14. Subject: City Manager Report
City Council Minutes October 6, 2026
City Manager Tina Kapoor included the City Manager Newsletter, which includes recent highlights and upcoming events as provided in the published agenda.
ORAL COMMUNICATIONS – CONTINUED – None
COUNCILMEMBER REPORTS
15. Subject: Councilmember Reports
Councilmembers included reports on their various committees and events as provided in the published agenda.
FUTURE AGENDA ITEMS
As noted under Item No. 10, the following Informational Memorandum was added:
• Regarding the current plume and how four potential PCE and TCE sources in the vicinity (The Marketplace, United Furniture, Vallco, and Joann's Fabric), including at least three that appear connected, will impact design and cleanup for Block 5 and surrounding parcels. (Moore)
16. Subject: Upcoming Draft Agenda Items Report
Written communications for this item include emails to Council.
A tentative Council meeting agenda calendar was provided in the published agenda.
ADJOURNMENT
At 9:06 p.m., Mayor Kitty Moore adjourned the Regular City Council Meeting.
Minutes prepared by:
__________________________
Lauren Sapudar, City Clerk