CC 10-07-2025
APPROVED MINUTES
CUPERTINO CITY COUNCIL
Tuesday, October 7, 2025
At 5:45 p.m., Mayor Liang Chao called the Regular City Council Meeting to order in City Hall
Conference Room C, 10300 Torre Avenue, Cupertino, CA 95014; and Teleconference Location
Pursuant to Gov. Code 54953(b)(2): Courtyard Marriott, 1803 Porter Street, Baltimore, MD
21230.
ROLL CALL
Present: Mayor Liang Chao, Vice Mayor Kitty Moore, and Councilmembers J.R. Fruen, Sheila
Mohan, and R “Ray” Wang (participated remotely). Absent: None.
In open session prior to closed session, Mayor Chao opened the public comment period
regarding any item on the agenda. The following member of the public requested to speak.
Lisa Warren (Item 3)
Mayor Chao closed the public comment period.
CLOSED SESSION
1. Subject: Conference with Legal Counsel - Anticipated Litigation; California
Government Code Sections 54956.9(d)(4) and 54954.4(c): (1 case)
Council met with legal counsel regarding the anticipated litigation.
2. Subject: Conference with Legal Counsel - Existing Litigation; California Government
Code Sections 54956.9(d)(1) and 54954.5(c): Lixin (Leon) Chen, et al. v. City of
Cupertino, et al., Santa Clara County Superior Court, Case No. 25CV462857; Yes In My
Backyard, et al. v. City of Cupertino, et al., Santa Clara County Superior Court, Case
No. 25CV263924
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Council met with legal counsel regarding the existing litigation.
3. Subject: Conference with Real Property Negotiators; California Government Code
Section 54954.5
1. Property: 10480 Finch Avenue, Cupertino, CA
2. Agency Negotiators: Tina Kapoor, Interim 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
Written communications for this item included an email to the Council.
Council met with real property negotiators (Moore recused).
At 6:50 p.m., Mayor Chao recessed the meeting.
OPEN SESSION
At 6:55 p.m., Mayor Chao reconvened the Regular City Council Meeting in open session 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): Courtyard Marriott, 1803 Porter Street, Baltimore, MD 21230.
ROLL CALL
Present: Mayor Liang Chao, Vice Mayor Kitty Moore, and Councilmembers J.R. Fruen, Sheila
Mohan, and R “Ray” Wang (participated remotely). Absent: None.
CLOSED SESSION REPORT
City Attorney Floy Andrews reported on the actions taken during the closed session held at
5:45 p.m. City Attorney Andrews reported that there was no reportable action.
CEREMONIAL ITEMS
4. Subject: Recognition of October 19 to October 25, 2025 as United Against Hate Week
Recommended Action: Recognize October 19 to October 25, 2025 as United Against
Hate Week
Mayor Chao recognized October 19 to October 25, 2025 as United Against Hate Week.
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5. Subject: Recognition of October as Hindu Heritage and Awareness Month
Recommended Action: Recognize October as Hindu Heritage and Awareness Month
Mayor Chao recognized October as Hindu Heritage and Awareness Month.
6. Subject: Recognition of October as Community Planning Month and appreciation for
the work of the Community Development Department
Recommended Action: Present proclamation recognizing October as Community
Planning Month, acknowledging the work of the Planning Division, and also
recognizing the contributions of the Building, Code Enforcement, and Housing
Divisions within the Community Development Department
Director of Community Development Ben Fu, Assistant Director Luke Connolly, Senior
Planner Emi Sugiyama, Associate Planner Danielle Condit, Assistant Planner Jasmine
Heredia, Permit Technician Catherine Tarone, Permit Technician Jasmine Archbold,
and Management Analyst Robert Dacanay received the proclamation on behalf of the
Community Development Department.
Mayor Chao presented the proclamation recognizing October as Community Planning
Month, acknowledging the work of the Planning Division, and also recognizing the
contributions of the Building, Code Enforcement, and Housing Divisions within the
Community Development Department.
POSTPONEMENTS AND ORDERS OF THE DAY
7. Subject: Revisions to Cupertino City Council Procedures Manual (Postponed from
September 16, 2025)
Recommended Action: Postpone revisions to Cupertino City Council Procedures
Manual to a date to be determined
MOTION: Chao moved and Moore seconded to postpone revisions to Cupertino City
Council Procedures Manual to a date to be determined. The motion passed with the
following vote: Ayes: Chao, Moore, 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:
Huang Family discussed a property related code enforcement matter with the City.
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Haley Carter representing Tessellations School, discussed the Tessellations School
organization.
Margaret Carter representing Tessellations School, discussed the Tessellations School
organization.
Belinda discussed the Preamble to the Declaration of Independence.
Planning Commissioner San Rao (representing self) discussed City staff performance, Sports
Center booking process, transportation projects, and Tessellations School.
CONSENT CALENDAR (Items 8-14)
Chao removed Item 13 from the Consent Calendar for discussion.
MOTION: Fruen moved and Wang seconded to reorder the agenda to place Item 13, either
before or after Item 16.
FRIENDLY AMENDMENT: Moore made a friendly amendment to move Item 13 after Item 16.
(Fruen accepted the friendly amendment).
The amended motion passed with the following vote: Ayes: Chao, Moore, Fruen, Mohan, and
Wang. Noes: None. Abstain: None. Absent: None.
Mayor Chao opened the public comment period and the following member of the public
spoke.
Planning Commissioner San Rao (representing self) (Item 10)
Mayor Chao closed the public comment period.
MOTION: Wang moved and Moore seconded to approve the Consent Calendar items 8-12 and
14 as presented. The motion passed with the following vote: Ayes: Chao, Moore, Fruen, Mohan,
and Wang. Noes: None. Abstain: None. Absent: None.
8. Subject: Approval of September 15, 2025 City Council meeting minutes
Recommended Action: Approve the September 15, 2025 City Council meeting minutes
9. Subject: Approval of September 16, 2025 City Council meeting minutes
Recommended Action: Approve the September 16, 2025 City Council meeting minutes
10. Subject: Review of future agenda items requested by City Councilmembers (“TBD
List”)
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Recommended Action: Review the TBD list as of October and accept the staff
recommendations for all 16 items
Written communications for this item included an email to the Council.
11. Subject: Amendment to 2025 Council Committee Assignments to designate Council
appointments to the Economic Development Committee (EDC); Formation of a Council
Ad Hoc Subcommittee for the EDC.
Recommended Action: 1. Ratify amendment to the 2025 Council Committee
assignments to designate Councilmember R “Ray” Wang as the primary and Mayor
Liang Chao as the alternate to the Economic Development Committee (EDC); and
2. Approve the formation of an Ad Hoc Council Subcommittee comprised of Mayor
Liang Chao and Councilmember R “Ray” Wang to review potential opportunities and
explore areas of focus for the EDC
12. Subject: Appointment of the Sustainability Commission, Technology, Information, and
Communications Commission, and Planning Commission recommendations as
representatives to the Economic Development Committee
Recommended Action: Accept the following Commission recommendations to appoint
representatives to the Economic Development Committee:
1. Accept the Sustainability Commission’s recommendation to appoint Jack Carter for a
term expiring January 30, 2026:
2. Accept the Technology, Information, and Communications Commission’s
recommendation to appoint Balaram Donthi for a term expiring January 30, 2026;
3. Accept the Planning Commission’s recommendation to appoint Tracy Kosolcharoen
for a term expiring January 30, 2026.
14. Subject: Memorandum of Understanding (MOU) between the City of Cupertino and
other local public agencies in Santa Clara County to fund the Composting Education
Program in the amount of $9,186.90 (January 2026 - June 30, 2027, with an option for a
two-year extension) (Continued from September 16, 2025)
Recommended Action: Authorize the City Manager to execute an MOU between the
City of Cupertino and other local public agencies in Santa Clara County to fund the
Composting Education Program and allocate $9,186.90 from Resource Recovery Fund
520 for Cupertino’s share of program costs for the term January 2026 - June 30, 2027,
with no impact to the General Fund
STUDY SESSION
15. Subject: Study Session on amendments to Audit Committee Duties, Powers, and
Responsibilities
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Recommended Action: Conduct study session on the Audit Committee’s
recommendation to amend Municipal Code Section 2.88.100 to reflect the following
changes:
a. Change the committee’s name to “Audit and Finance Committee.”
b. Modify Section 2.88.100(g) to read: “To review the City’s internal controls and
internal audit reports.”
c. 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.”
Written communications for this item included a presentation.
Director of Administrative Services Kristina Alfaro and Finance Manager Jonathan
Orozco gave a presentation.
Councilmembers asked questions and made comments.
Mayor Chao opened the public comment period and, seeing no one, closed the public
comment period.
Audit Committee Chair Eno Schmidt answered questions and made comments.
MOTION: Chao moved and Moore seconded to refer the following back to the Audit
Committee:
• Reconsider meeting frequency. The Audit Committee could have six regular
meetings per year instead of four. The exact meeting dates would be approved
by the Audit Committee at the beginning of the year (either January or at the
start of the fiscal year). Committee members can block the dates in advance, for
planning purposes. If there’s no business, then a regular meeting could be
canceled.
• Financial Oversight (for reference, consider):
1. Review the City’s annual operating and capital budgets prior to City Council
consideration, and provide comments or recommendations regarding fiscal
sustainability, fund balance levels, and alignment with Council priorities.
2. Monitor the City’s long-term financial forecasts, debt obligations, and reserve
policies, and recommend updates to maintain financial health.
3. Review quarterly and annual financial reports, including investment reports,
revenue performance, and expenditure trends, and raise any areas of concern
to the Council.
4. Evaluate proposed budget amendments, capital project cost changes, and
major financial transactions for consistency with adopted policies.
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• Consider a budget subcommittee to review the content of the budget each year.
• Council also provided direction to staff to place the Treasurer’s Report and
Investment Report on the City Council’s agenda under the Consent Calendar to
be received by the City Council, rather than issued as an informational
memorandum.
The motion passed with the following vote: Ayes: Chao, Moore, Fruen, Mohan, and
Wang. Noes: None. Abstain: None. Absent: None.
At 8:10 p.m., Mayor Chao recessed the meeting. The meeting reconvened at 8:15 p.m. with all
councilmembers present.
PUBLIC HEARINGS
16. Subject: Consider 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:
a. Conduct the first reading of 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
b. Find that the proposed actions are exempt from CEQA.
Written communications for this item included a presentation.
Assistant Director of Community Development Luke Connolly and Senior Planner Emi
Sugiyama gave a presentation.
Councilmembers asked questions and made comments.
Mayor Chao opened the public hearing and, seeing no one, closed the public hearing.
MOTION: Chao moved and Moore seconded to approve the staff recommendation as
amended to:
1. Conduct the first reading of 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
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(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; and
3. Amend Item 6(a) (page 25 of Attachment B) to add ‘is required’ for front door
entry and refer to the Planning Commission for review of the whole section and
potential objective standards where a front door may be required.
Council did not vote on this motion.
SUBSTITUTE MOTION: Fruen moved and Wang seconded a substitute motion to:
1. Conduct the first reading of 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; and
3. Refer Item 6 to the Planning Commission for review of the whole section and
potential objective standards where a front door may be required; and
4. Amend to strike the proposed amendments in Section 19.28.110, Item 6(a) and
sub-points (b) through (e). (page 25-26 of Attachment B);
FRIENDLY AMENDMENT: Wang made a friendly amendment to also strike Item 7,
regarding garage doors. (page 26 of Attachment B). (Fruen accepted the friendly
amendment);
FRIENDLY AMENDMENT: Chao made a friendly amendment to refer Items 6 and 7 to
the Planning Commission for further consideration. (Fruen accepted the friendly
amendment).
The amended substitute motion passed with the following vote: Ayes: Chao, Fruen,
Mohan, and Wang. Noes: Moore. Abstain: None. Absent: None.
ITEMS REMOVED FROM THE CONSENT CALENDAR
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13. Subject: Introduce amendments to Cupertino Municipal Code, adding Title 14, Chapter
14.30 Small Wireless Facilities In Public Rights-Of-Way, pertaining to regulation of
wireless facilities within City streets (Continued from September 16, 2025)
Recommended Action: 1. Conduct the first reading of 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. Adopt Resolution No. 25-081 approving the “Regulations for Construction,
Operation, and Maintenance of Small Wireless Facilities in the Public Right of Way”;
and
3. Find that the proposed actions are exempt from CEQA.
Written communications for this item included a presentation and an email to the
Council.
This item was removed from the Consent Calendar for consideration.
Public Works Director Chad Mosley gave a presentation.
Mayor Chao opened the public comment period and the following members of the
public spoke.
Nori
Planning Commissioner San Rao (representing self)
Venkatesan Ranganathan
Mayor Chao closed the public comment period.
MOTION: Chao moved and Moore seconded the staff recommendation as amended:
1. Conduct the first reading of 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. Adopt Resolution No. 25-081 approving the “Regulations for Construction,
Operation, and Maintenance of Small Wireless Facilities in the Public Right of
Way”; and
3. Find that the proposed actions are exempt from CEQA; and
4. Amend to refer this item to the Planning Commission to collect recommendations
on any further modifications to be made to the ordinance and regulations.
The motion passed with the following vote: Ayes: Chao, Moore, Fruen, Mohan, and
Wang. Noes: None. Abstain: None. Absent: None.
At 10:10 p.m., Mayor Chao recessed the meeting. The meeting reconvened at 10:16 p.m. with
all Councilmembers present.
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MOTION: Wang moved and Chao seconded to extend the meeting to 10:45 p.m. to complete
Item 17. The motion passed with the following vote: Ayes: Chao, Moore, Fruen, Mohan, and
Wang. Noes: None. Abstain: None. Absent: None.
ACTION CALENDAR
17. Subject: Request Cities Association of Santa Clara County (“CASCC”) to amend the
Joint Powers Agency Agreement and Bylaws to rectify undemocratic practices
pertaining to the election of Executive Officers, the method of selecting the Chair of the
Legislative Action Committee, and to remove the requirement that Executive Officers
be elected during a specific month; and to appoint Vice Mayor Kitty Moore to the
CASCC Board for the 2026 term and support her election to the Executive Committee
Recommended Action: 1.Adopt Resolution No. 25-083 (Attachment A) requesting the
Cities Association of Santa Clara County amend the Joint Powers Agency
Agreement and Bylaws to: 1)require all Executive Officer offices be held by member
cities, not by individual councilmembers or appointed directors, and that all
Executive Officers be appointees or alternates to the Board of Directors; 2) require
the members of the Legislative Action Committee to elect that committee’s chair
from its membership; and
3) remove the Bylaw provision setting the time for annual elections of Executive Officers
in November or soon after.
2. Adopt Resolution No. 25-084 (Attachment B) to appoint Vice Mayor Kitty Moore to
the Board of Directors of the Cities Association of Santa Clara County for the 2026 term
beginning in January 2026 and endorsing her candidacy in the election for Executive
Officers.
3. Authorize Vice Mayor Moore, the appointed representative to the CASCC Board, to
send a letter to the CASCC to inform them of the above resolutions approved by the
Council and attach this Council Report by Mayor for information.
Written communications for this item included emails to the Council.
Mayor Chao gave a presentation.
Councilmembers asked questions and made comments.
Mayor Chao opened the public comment period and the following members of the
public spoke.
Planning Commissioner Tracy Kosolcharoen (representing self)
Planning Commissioner San Rao (representing self)
MOTION: Chao moved and Moore seconded to extend the meeting to 11:00 p.m. to complete
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Item 17. The motion passed with the following vote: Ayes: Chao, Moore, Fruen, Mohan, and
Wang. Noes: None. Abstain: None. Absent: None.
Public comments on the item continued.
Planning Commissioner Seema Lindskog (representing self)
Mayor Chao closed the public comment period.
MOTION: Chao moved and Moore seconded to suspend the rules to extend meeting until
11:10 p.m. to complete Item 17. The motion passed with the following vote: Ayes: Chao,
Moore, Fruen, Mohan, and Wang. Noes: None. Abstain: None. Absent: None.
MOTION: Chao moved and Moore seconded to:
1. Adopt Resolution No. 25-083 requesting the Cities Association of Santa Clara
County amend the Joint Powers Agency Agreement and Bylaws to: 1)require all
Executive Officer offices be held by member cities, not by individual
councilmembers or appointed directors, and that all Executive Officers be
appointees or alternates to the Board of Directors; 2) require the members of the
Legislative Action Committee to elect that committee’s chair from its
membership; and 3) remove the Bylaw provision setting the time for annual
elections of Executive Officers in November or soon after.
2. Adopt Resolution No. 25-084 to appoint Vice Mayor Kitty Moore to the Board of
Directors of the Cities Association of Santa Clara County for the 2026 term
beginning in January 2026 and endorsing her candidacy in the election for
Executive Officers.
3. Authorize Vice Mayor Moore, the appointed representative to the CASCC Board,
to send a letter to the CASCC to inform them of the above resolutions approved
by the Council and attach this Council Report by Mayor for information.
The motion passed with the following vote: Ayes: Chao, Moore, and Wang. Noes: Fruen
and Mohan. Abstain: None. Absent: None.
ADJOURNMENT
At 11:09 p.m., Mayor Chao adjourned the Regular City Council Meeting per rule. There was
no further discussion on the remaining items.
CITY MANAGER REPORT
18. Subject: City Manager Report
Interim City Manager Tina Kapoor reported on recent highlights and upcoming events
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as provided in the published agenda.
ORAL COMMUNICATIONS - CONTINUED – None
COUNCILMEMBER REPORTS
19. Subject: Councilmember Reports
Councilmembers reported on their various committees and events as provided in the
published agenda.
FUTURE AGENDA ITEMS
Council did not hear this item.
20. Subject: Upcoming Draft Agenda Items Report
A tentative council meeting agenda calendar was provided in the published agenda.
Minutes prepared by:
Kirsten Squarcia, City Clerk