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CC 07-15-2025 AgendaTuesday, July 15, 2025 6:00 PM CITY OF CUPERTINO Non-Televised Closed Session (6:00) and Televised Regular Meeting (6:45) 10300 Torre Avenue and 10350 Torre Avenue and via Teleconference; and Teleconference Location Pursuant to Gov. Code 54953(b)(2): JW Marriott Sahar, IA Project Road, Chhatrapati Shivaji International Airport, Andheri, Mumbai, India, 400099 City Council LIANG CHAO, MAYOR KITTY MOORE, VICE MAYOR J.R. FRUEN, COUNCILMEMBER SHEILA MOHAN, COUNCILMEMBER R "RAY" WANG, COUNCILMEMBER AGENDA 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 respect 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   COMMUNICATING WITH COUNCIL (408)777‐3192 (408)777‐1389 (408)777‐1316 (408)777-1326 (408)777‐3138 (408)777‐3139 All Council members: Liang Chao Kitty Moore J.R. Fruen Sheila Mohan R "Ray" Wang Executive Assistant City Hall citycouncil@cupertino.gov LiangChao@cupertino.gov KMoore@cupertino.gov JRFruen@cupertino.gov SMohan@cupertino.gov RWang@cupertino.gov serenat@cupertino.gov www.cupertino.gov (408) 777‐CITY Please note: the City Council discourages submission 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 EMAIL Sign up for e‐notification of agendas, elections, and other news on the city website at www.cupertino.org/notify TELEVISION The City Channel  broadcasts City Council and Planning Commission meetings , as well as agenda previews, public  service announcements, and other programs of community interest, on Channel 26 in Cupertino.   The meetings  are shown at these times: Tuesday    (live) 6:45 p.m. Friday (replay) 10:00 a.m. Thursday  (replay)      7:00 p.m. Saturday   (replay)    9:00 a.m. INTERNET City Council and Planning Commission videos are available on demand at www.cupertino.org.   Select  "I Want  To, View City Council meetings".   News and community information can also be found at: https://www.facebook.com/cityofcupertino/ https://twitter.com/CityofCupertino https://www.instagram.com/cityofcupertino AUDIO Tune into  Radio Cupertino, 1670 AM, for  meeting announcements, public service messages, and emergency  announcements. USEFUL TELEPHONE NUMBERS City of Cupertino  (City Hall) General Information  and Comments (408) 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 City Council Agenda July 15, 2025 IN-PERSON AND TELECONFERENCE / PUBLIC PARTICIPATION INFORMATION Members of the public wishing to observe the meeting may do so in one of the following ways: 1) Attend in person at Cupertino Community Hall, 10350 Torre Avenue. 2) Tune to Comcast Channel 26 and AT&T U-Verse Channel 99 on your TV. 3) The meeting will also be streamed live on and online at www.Cupertino.org/youtube and www.Cupertino.org/webcast Members of the public wishing to comment on an item on the agenda may do so in the following ways: 1) Appear in person for Closed Session in City Hall, Conference Room C or for Open Session in Cupertino Community Hall. Members of the public may provide oral public comments during the Open Session as follows: Oral public comments will be accepted during the meeting. Comments may be made during “oral communications” for matters not on the agenda, and during the public comment period for each agenda item. Members of the audience who address the City Council must come to the lectern/microphone, and are requested to complete a Speaker Card and identify themselves . Completion of Speaker Cards and identifying yourself is voluntary and not required to attend the meeting or provide comments. 2) E-mail comments for Closed Session or Open Session by 4:00 p.m. on Tuesday, July 15 to the Council at publiccomment@cupertino.gov. 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. Emailed comments received following the agenda publication, prior to or during the meeting, will be posted to the City’s website. Members of the public may provide oral public comments during the Meeting as follows : Oral public comments will be accepted during the meeting. Comments may be made during “oral communications” for matters not on the agenda, and during the public Page 2 City Council Agenda July 15, 2025 comment period for each agenda item. Oral public comments may be made during the public comment period for each agenda item. Members of the audience who address the City Council must come to the lectern/microphone, and are requested to complete a Speaker Card and identify themselves . Completion of Speaker Cards and identifying yourself is voluntary and not required to attend the meeting or provide comments. 3) Open Session Teleconferencing Instructions To address the City Council, click on the link below to register in advance and access the meeting: Online Register in advance for this webinar: https://cityofcupertino.zoom.us/webinar/register/WN_3K_O_iHgSxGV_kJbl58O3w Phone Dial: 669-900-6833 and enter Webinar ID: 821 7458 2095 (Type *9 to raise hand to speak, *6 to unmute yourself). Unregistered participants will be called on by the last four digits of their phone number. Join from an H.323/SIP room system: H.323: 144.195.19.161 (US West) 206.247.11.121 (US East) Meeting ID: 821 7458 2095 SIP: 82174582095@zoomcrc.com After registering, you will receive a confirmation email containing information about joining the webinar. Please read the following instructions carefully: 1. You can directly download the teleconference software or connect to the meeting in your internet browser. If you are using your browser, make sure you are using a current and up-to-date browser: Chrome 30+, Firefox 27+, Microsoft Edge 12+, Safari 7+. Certain functionality may be disabled in older browsers, including Internet Explorer . Page 3 City Council Agenda July 15, 2025 2. You will be asked to enter an email address and a name, followed by an email with instructions on how to connect to the meeting. Your email address will not be disclosed to the public. If you wish to make an oral public comment but do not wish to provide your name, you may enter “Cupertino Resident” or similar designation. 3. When the Mayor calls for the item on which you wish to speak, click on “raise hand,” or, if you are calling in, press *9. Speakers will be notified shortly before they are called to speak. 4. When called, please limit your remarks to the time allotted and the specific agenda topic . 5. Members of the public that wish to share a document must email cityclerk@cupertino.org prior to the meeting. These documents will be posted to the City ’s website after the meeting. ROLL CALL - 6:00 PM 10300 Torre Avenue, Conference Room C; and Teleconference Location Pursuant to Gov . Code 54953(b)(2): JW Marriott Sahar, IA Project Road, Chhatrapati Shivaji International Airport, Andheri, Mumbai, India, 400099 CLOSED SESSION 1.Subject: Conference with Labor Negotiators pursuant to Government Code § 54957.6 (Kristina Alfaro and Christopher Boucher) RECESS OPEN SESSION CALL TO ORDER - 6:45 PM 10350 Torre Avenue, Community Hall and via Teleconference; and via Teleconference Location Pursuant to Gov. Code 54953(b)(2): JW Marriott Sahar, IA Project Road, Chhatrapati Shivaji International Airport, Andheri, Mumbai, India, 400099 PLEDGE OF ALLEGIANCE ROLL CALL CLOSED SESSION REPORT CEREMONIAL ITEMS - None PRESENTATIONS Page 4 City Council Agenda July 15, 2025 2.Subject: Presentation from Santa Clara Valley Transportation Authority (VTA) regarding ongoing services and projects update Recommended Action: Receive presentation from Santa Clara Valley Transportation Authority (VTA) regarding ongoing services and projects update POSTPONEMENTS AND ORDERS OF THE DAY 3.Subject: Award of a design professional services agreement to DIALOG Design LP for the City Annex Improvements project (420-99-248) for the renovation of an existing building located at 10455 Torre Avenue for a total not-to-exceed amount of $493,243. (Continued from July 1, 2025) Recommended Action: 1. Award a design professional services agreement to DIALOG Design LP for the City Hall Annex Project in the amount not to exceed $448,243; and 2. Authorize the City Manager to execute a Design Professional Services Agreement with DIALOG Design LP when all conditions have been met; and 3. Authorize the Director of Public Works to execute any necessary services or change orders, up to a contingency amount of $45,000 (approximately 10% of base services,) for a total contact amount of $493,243. ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the Council on any matter within the jurisdiction of the Council and not on the agenda for discussion. The total time for Oral Communications will ordinarily be limited to one hour. Individual speakers are limited to three (3) minutes. As necessary, the Chair may further limit the time allowed to individual speakers, or reschedule remaining comments to the end of the meeting on a first come first heard basis, with priority given to students. In most cases, State law will prohibit the Council from discussing or making any decisions with respect to a matter not listed on the agenda. A councilmember may, however, briefly respond to statements made or questions posed by speakers. A councilmember may also ask a question for clarification, provide a reference for factual information, request staff to report back concerning a matter, or request that an item be added to a future City Council agenda in response to public comment . CONSENT CALENDAR (items 4-9) 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. 4.Subject: Approval of July 1, 2025 City Council minutes Recommended Action: Approve the July 1, 2025 City Council minutes Page 5 City Council Agenda July 15, 2025 A - Draft Minutes 5.Subject: Ratifying Accounts Payable for the periods ending June 6, 2025, June 20, 2025 and July 3, 2025 A.Adopt Resolution No. 25-059 ratifying Accounts Payable for the Period ending June 6, 2025; B.Adopt Resolution No. 25-060 ratifying Accounts Payable for the Period ending June 20, 2025; and C.Adopt Resolution No. 25-061 ratifying Accounts Payable for the Period ending July 3, 2025 Staff Report A – Draft Resolution 6.6.25 B – AP Payment Register for the Period Ending 6.6.25 C – Draft Resolution 6.20.25 D – AP Payment Register for the Period Ending 6.20.25 E – Draft Resolution 7.3.25 F – AP Payment Register for the Period Ending 7.3.25 6.Subject: Annual Evaluation Report on the Federal Emergency Management Agency (FEMA) Community Rating System's (CRS) Program for Public Information. Recommended Action: Adopt Resolution No. 25-062 Accepting the Annual Evaluation Report for Fiscal Year 2025 (Year 4) of the 2021 Santa Clara County Multi-Jurisdictional Program for Public Information. Staff Report A - Draft Resolution B - Annual Evaluation Report for FY 25 7.Subject: Approval of Interim City Manager Employment Agreement; Proposed Amendments to the Appointed Employees’ Compensation Program Recommended Action: 1. Adopt Resolution No. 25-063 approving the Interim City Manager Employment Agreement between the City of Cupertino and Tina Kapoor, and authorize the Mayor to execute the contract; and 2. Adopt Resolution No. 25-064 amending the Appointed Employees’ Compensation Program Staff Report A - Draft Resolution Approving Interim City Manager Employment Agreement B - Interim City Manager Employment Agreement C - Draft Resolution Amending the Appointed Employee’s Compensation Program D - Amendments to the Appointed Employee’s Compensation Program (redline) E - Amendments to the Appointed Employee’s Compensation Program (clean) 8.Subject: Second reading of Municipal Code amendments to Cupertino Municipal Code, Title 2, Chapter 2.96, Sections 2.96.010 Established-Composition and 2.96.020 Terms of Office, pertaining to the Economic Development Committee. Page 6 City Council Agenda July 15, 2025 Recommended Action: 1. Conduct the second reading and enact Ordinance 25-2273 “An Ordinance of the City Council of the City of Cupertino Amending City Code Title 2 Chapter 2.96 Economic Development Committee, Section 2.96.010 Established-Composition and Section 2.96.020 Terms of Office.” 2. Find that the proposed actions are exempt from CEQA. Staff Report A - Draft Ordinance (Clean) 9.Subject: Budget Adjustments related to the Assistant Director of Parks and Recreation and the Assistant City Manager and Deputy City Manager positions in the City Manager’s Office resulting in net savings of $62,586 for the City annually Recommended Action: 1. Adopt Resolution No. 25-065 approving Budget Modification No. 2425-399, increasing appropriations by $291,532 for the Assistant Director of Parks and Recreation; and 2. Adopt Resolution No. 25-066 amending the Unrepresented Employee’s Compensation Program to eliminate the Assistant City Manager position and modify the Deputy City Manager position, resulting in ongoing salary savings of $354,118 annually in the City Manager’s Office. Staff Report A - Draft Resolution Amending the Unrepresented Employee’s Compensation Program B - Amendments to the Unrepresented Employee’s Compensation Program – Clean C - Amendments to the Unrepresented Employee’s Compensation Program – Redline D - Deputy City Manager Job Description Revised July 2025 – Clean E - Deputy City Manager Job Description Revised July 2025 – Redline F - Draft Resolution Approving a Budget modification for Assistant Director of Parks and Recreation PUBLIC HEARINGS 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. 10.Subject: Approval of lien assessment and collection of fees on private parcels resulting from abatement of public nuisance (weeds and/or brush) for the annual Weed and Brush Abatement Programs Recommended Action: 1. Conduct a public hearing to consider objections from any property owners listed on the assessment report; and 2. Adopt Resolution No. 25-067 approving the lien assessment and collection of fees on private parcels for the annual Weed and Brush Abatement Programs. Page 7 City Council Agenda July 15, 2025 Staff Report A - Draft Resolution and Exhibit A B - Assessment Report (Exhibit A) C – Adopted Resolution Ordering Abatement D – City Mailed Hearing Notice STUDY SESSION 11.Subject: Study Session to review an application to develop new ELI (Extremely Low Income) and BMR housing units for Developmentally Disabled individuals (IDD) on City-owned property along Mary Avenue (APN: 326-27-053) Recommended Action: Conduct study Session on the Mary Avenue project and provide comments to staff and applicant. Staff Report A - Plan Set 12.Subject: Study Session regarding possible updates to oversized vehicle parking restrictions in the public right-of-way (Continued on July 1, 2025) Recommended Action: Recommend that the City Council consider the Planning Commission’s recommendations to amend Sections 11.24.130 (72-hour parking limit), Section 11.24.200 (removal of vehicles), Section 11.28.010 (definition of oversized vehicles), and Section 11.28.020 (vehicle parking regulations) of the Municipal Code, to enhance the current prohibition on parking oversized vehicles for more than seventy-two (72) hours on any public street Staff Report ACTION CALENDAR 13.Subject: Acceptance of the Stevens Creek Boulevard Corridor Vision Study Adopt Resolution No. 25-068 accepting the Stevens Creek Boulevard Corridor Vision Study, including the additional qualifications recommended by the Cupertino Bicycle Pedestrian Commission and Planning Commission, and directing City staff to work through the multijurisdictional working group and Steering Committee to further assess the Study's recommendations and opportunities for implementation Staff Report A - Stevens Creek Boulevard Corridor Vision Study B - Resolution 19-089 C - Draft Resolution ITEMS REMOVED FROM THE CONSENT CALENDAR CITY MANAGER REPORT Page 8 City Council Agenda July 15, 2025 14.Subject: City Manager Report A - City Manager Report ORAL COMMUNICATIONS - CONTINUED COUNCILMEMBER REPORTS 15.Subject: Councilmember Reports A - Councilmember Report, Chao B - Councilmember Report, Fruen C - Councilmember Report, Mohan D - Councilmember Report, Moore E - Councilmember Report, Wang FUTURE AGENDA ITEMS 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. Page 9 City Council Agenda July 15, 2025 In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend this meeting who is visually or hearing impaired or has any disability that needs special assistance should call the City Clerk's Office at 408-777-3223, at least 48 hours in advance of the meeting to arrange for assistance. In addition, upon request in advance by a person with a disability, meeting agendas and writings distributed for the meeting that are public records will be made available in the appropriate alternative format. Any writings or documents provided to a majority of the Cupertino City Council after publication of the packet will be made available for public inspection in the City Clerk’s Office located at City Hall, 10300 Torre Avenue, Cupertino, California 95014, during normal business hours; and in Council packet archives linked from the agenda/minutes page on the City web site. IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipal Code section 2.08.100 written communications sent to the City Council, Commissioners or staff concerning a matter on the agenda are included as supplemental material to the agendized item. These written communications are accessible to the public through the City website and kept in packet archives. Do not include any personal or private information in written communications to the City that you do not wish to make public, as written communications are considered public records and will be made publicly available on the City website. Page 10 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. City Council 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‐ year term. 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 Commission, Public Safety Commission, Sustainability Commission, Teen Commission, and Technology, Information, and Communications Commission. Council members also serve on a variety of regional bodies, including: ∙ Association of Bay Area Governments ∙ League of California Cities ∙ Santa Clara County (SCC) Cities Association ∙ SCC Emergency Preparedness Council ∙ SCC Library District ∙ SCC Emergency Preparedness Commission ∙ Santa Clara Valley Water Commission and Water District ∙ SCC Transportation Authoritym ∙ West Valley Mayors and Managers STAFF The City Manager and the City Attorney are appointed by the Council. The City Manager is responsible for interpreting and carrying out Council policies and direction, and as the chief administrative officer, the City Manager coordinates the many activities of the city and appoints the professional and technical staff. The City Attorney is the advisor to the City Council as a whole. 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 presented at a Council meeting as a “first reading." At a subsequent Council meeting, there will be a “second reading and adoption." Ordinances go into effect after a waiting period of thirty days, in most cases, during which time the summary of the ordinance is published in a local newspaper approved for this purpose. RESOLUTIONS Resolutions and minute orders are the means by which the City Council formally adopts policies or approves specific actions. These go into effect when adopted. 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 calendar days of the mailing of the notice of the decision. 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 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.aspx?page=125 for a reconsideration petition form.