CC 10-21-2025 AgendaTuesday, October 21, 2025
6:45 PM
CITY OF CUPERTINO
Televised Regular City Council Meeting (6:45)
10350 Torre Avenue, Council Chamber and via Teleconference
City Council
LIANG CHAO, MAYOR
KITTY MOORE, 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
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
City Council Agenda October 21, 2025
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 26 and AT&T U-Verse Channel 99 on your TV.
3)Watch a live stream online at www.Cupertino.org/youtube and
www.Cupertino.org/webcast
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 at 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 cityclerk@cupertino.gov by 3:00 p.m. and staff will advance the
slides/share the documents during your oral comment .
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City Council Agenda October 21, 2025
2)Written Communications as follows:
A.E-mail comments to the City Council for Open Session at
publiccomment@cupertino.gov 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)Open Session Teleconference in one of the following ways :
A.Online via Zoom on an electronic device (Audio and Video): Speakers must register in
advance by clicking on the link below to access the meeting :
https://cityofcupertino.zoom.us/webinar/register/WN_q2nDR1IARSOvID4d7PN21Q
a)Registrants will receive a confirmation email containing information about joining the
webinar.
b)Speakers will be recognized by the name they use for registration. Once recognized,
speakers must click ‘unmute’ when prompted to speak.
c)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 .
B.By Phone (Audio only): No registration is required in advance and speakers may join
the meeting as follows:
a)Dial 669-900-6833 and enter WEBINAR ID: 869 7259 8178
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.Via an H.323/SIP room system:
Join from an H.323/SIP room system:
H.323:
Page 3
City Council Agenda October 21, 2025
144.195.19.161 (US West)
206.247.11.121 (US East)
Meeting ID: 869 7259 8178
SIP: 86972598178@zoomcrc.com
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
CLOSED SESSION REPORT
CEREMONIAL ITEMS
1.Subject: Recognition of October as Domestic Violence Awareness Month
Present proclamation to Maitri in conjunction with October as
Domestic Violence Awareness Month
A - Proclamation
2.Subject: Recognition of the years of service for the Cupertino Rotary Club
Recommended Action: Recognize the years of service for the Cupertino Rotary Club
A - Proclamation
3.Subject: Recognition of the years of service for Cupertino Lions Club
Recommended Action: Recognize the years of service for Cupertino Lions Club
A - Proclamation
4.Subject: Recognition of Monta Vista High School students for earning 8th place in the
2025 Science Olympiad National Tournament
Recommended Action: Present certificates of appreciation to Monta Vista High School
students for earning 8th place in the 2025 Science Olympiad National Tournament
A - Certificates of Recognition
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
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
Page 4
City Council Agenda October 21, 2025
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 5-12)
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 October 7, 2025 City Council meeting minutes
Recommended Action: Approve the October 7, 2025 City Council meeting minutes
A - Draft Minutes
6.Subject: Ratifying Accounts Payable for the periods ending September 12, 2025 and
September 26, 2025
Recommended Action: A.Adopt Resolution No. 25-085 ratifying Accounts Payable for
the Period ending September 12, 2025; and
B.Adopt Resolution No. 25-086 ratifying Accounts Payable for the Period ending
September 26, 2025
Staff report
A – Draft Resolution 9.12.25
B – AP Payment Register for the Period Ending 9.12.25
C – Draft Resolution 9.26.25
D – AP Payment Register for the Period Ending 9.26.25
7.Subject: Adopt 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. 25-087 increasing the employer's
contribution for medical and hospitalization insurance for retired annuitants hired with
the City of Cupertino prior to August 2004.
Staff Report
A – Draft Resolution
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City Council Agenda October 21, 2025
8.Subject: Second reading and enactment of Municipal Code amendments, adding Title
14, Chapter 14.30 Small Wireless Facilities In Public Rights-Of-Way, pertaining to
regulation of wireless facilities within City streets.
Recommended Action: 1. Conduct the second reading and enact Ordinance 25-2276:
“An Ordinance of the City Council of the City of Cupertino adding City Code Title 14
Chapter 14.30 Small Wireless Facilities In Public Rights-Of-Way.”
2. Find that the proposed action is exempt from CEQA.
Staff Report
A - Draft Ordinance (Clean)
9.Subject: Second reading and enactment of Municipal Code amendments for consistency
with Senate Bill 450 and minor text edits, amending multiple chapters of the Municipal
Code. (Application No.: MCA-2024-004; Applicant: City of Cupertino; Location:
Citywide)
Recommended Action: That the City Council:
1.Conduct the second reading and enact Ordinance No. 25-2277: “An Ordinance of
the City Council of the City of Cupertino amending Chapters 14.15 (Landscape), 14.18
(Protected Trees), 18.20 (Parcel Maps), 18.52 (Hillside Subdivisions), 19.08 (Definitions),
19.12 (Administration), 19.16 (Designation and Establishment of Districts), 19.28 (Single
Family R1 Zones), 19.36 (Multiple-Family R3 Zones), 19.38 (Multiple-Family R4 Zones),
19.40 (Residential Hillside RHS Zones), 19.44 (Residential Single-Family Cluster R1C
Zones), 19.46 (Townhomes TH Combining District), 19.60 (General Commercial CG
Zones), 19.100 (Accessory Structures), 19.102 (Glass and Lighting), 19.104 (Signs), 19.124
(Parking), and 19.132 (Sale of Alcoholic Beverages and Gasoline) of the Municipal Code
regarding consistency with Senate Bill 450 and minor text edits.”; and
2.Find that the proposed actions are exempt from CEQA.
Staff Report
A - Draft Ordinance (Clean)
B - Draft Ordinance (Redlined)
10.Subject: Receive the Monthly Treasurer's Report for September 2025
Recommended Action: Receive the Monthly Treasurer's Report for September 2025
Staff Report
A – Report of City-wide Receipts, Disbursements, and Cash Balances September 2025
B – Report of City-wide Fund BalancesNet Position September 2025
11.Subject: Receive the Monthly Treasurer's Investment Report for September 2025
Receive the Monthly Treasurer's Investment Report for
September 2025
A - Chandler Investment Report Sep 2025
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City Council Agenda October 21, 2025
12.Subject: Approve the July 1, 2025, through June 30, 2028, Memorandum of
Understanding setting the salary and terms and conditions of employment for the
Cupertino City Employees’ Association (CEA)/IFPTE Local 21.
Recommended Action: 1.Adopt Resolution 25-088 amending the Memorandum of
Understanding (MOU) for the Cupertino City Employees’ Association (CEA)/IFPTE
Local 21 based on the attached tentative agreements; and
2.Approve the corresponding Salary Schedule for CEA employees effective July 12,
2025; and
3.Adopt Resolution 25-089 to approve budget modification 2526-413 increasing
appropriations by $605,061 ensuring that there are sufficient budget appropriations to
cover the costs associated with the negotiated contracts.
Staff Report
A – September 18, 2025 CEA Signed Tentative Agreementt
B – CEA – MOU (Clean)
C – CEA – MOU (Redline)
D – Section 14 Safety Footwear Agreement Signed
E – Draft Resolution CEA Local 21 MOU
F – Draft Resolution for Budget Modification
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 - None
STUDY SESSION
13.Subject: Study session to review the Arts & Culture Commission’s recommendation to
the Municipal Code standards for art in public and private development, including the
standards in the Municipal Code and developing an Art-in-lieu fee policy. (Application
No. MCA-2025-003; Applicant: City of Cupertino; Location: City-wide)
Recommended Action: Conduct the study session and provide feedback to Staff.
Staff Report
A - Resolution No. 05-040 (City of Cupertino Public Art Program : Guidelines for Selection of Public
Art).
B - Municipal Code Table 19 .12.030 Approval Authority and Chapter 19 .148: Required Artwork in
Public and Private Developments (redline)
C - Jurisdiction Analysis of Art Programming
D - Draft Policy (City Council Resolution No. 05-040)
E - Email from Arts and Culture Commission Chair
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City Council Agenda October 21, 2025
ITEMS REMOVED FROM THE CONSENT CALENDAR
CITY MANAGER REPORT
14.Subject: City Manager Report
A - 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
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City Council Agenda October 21, 2025
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
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 9
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.
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