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Home My WebLink AboutCC 12-16-2025 AgendaTuesday, December 16, 2025 4:30 PM CITY OF CUPERTINO Non-Televised Special Meeting Closed Session (4:30) and Televised Regular Meeting (6:45) City Council LIANG CHAO, MAYOR KITTY MOORE, VICE MAYOR J.R. FRUEN, COUNCILMEMBER SHEILA MOHAN, COUNCILMEMBER R "RAY" WANG, COUNCILMEMBER Note: The Mayor and Vice Mayor listed above reflect the leadership as of the date of packet publication. Leadership may change prior to the meeting. 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 December 16, 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 Closed Session in City Hall, Conference Room C or for Open Session in Cupertino Community Hall. A.During “Oral Communications”, the public may comment on matters not on the agenda, and for agendized matters, the public may comment during the public comment period for each agendized item. B.Speakers are requested to complete a Speaker Card. While completion of Speaker Cards is voluntary and not required to attend the meeting or provide comments, it is helpful for the purposes of ensuring that all speakers are called upon . C.Speakers must wait to be called, then proceed to the lectern/podium and speak into the microphone when recognized by the Mayor . D.Speakers are limited to three (3) minutes each. However, the Mayor may reduce the speaking time depending on the number of people who wish to speak on an item . A speaker representing a group between 2 and 5 members of the public in attendance may have up to 2 minutes per group member to speak, up to 10 minutes maximum. E.Please note that due to cyber security concerns, speakers are not allowed to connect any personal devices at the lectern/podium. However, speakers that wish to share a document (e.g. presentations, photographs or other documents) during oral comments may do so in one of the following ways: a)At the overhead projector at the podium, or b)E-mail the document to cityclerk@cupertino.gov by 3:00 p.m. and staff will advance the slides/share the documents during your oral comment . Page 2 City Council Agenda December 16, 2025 2)Written Communications as follows: A.E-mail comments to the City Council for Closed Session or 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_iZEZvxi6ShatiqIu8Qyo7A 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: 885 4398 8451 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: 144.195.19.161 (US West) Page 3 City Council Agenda December 16, 2025 206.247.11.121 (US East) Meeting ID: 885 4398 8451 SIP: 88543988451@zoomcrc.com SPECIAL MEETING ROLL CALL - 4:30 PM 10300 Torre Avenue, Conference Room C and Teleconference Location Pursuant to Gov . Code 54953(b)(2): Renaissance Shihlin Taipei Hotel, No. 8, Lane 470, Section 5, Zhongshan N Rd, Shilin District, Taipei City, Taiwan 11141 CLOSED SESSION 1.Subject: Conference With Legal Counsel-Existing Litigation, Govt. Code Sections 54956.9(1)(d) and 54954.5(c); Names of Cases: 1. Yes In My Backyard, et al. v. City of Cupertino, et al., Santa Clara County Superior; Court, Case No. 25CV263924; 2. Lixin (Leon) Chen, et al. v. City of Cupertino, et al., Santa Clara County Superior Court; Case No. 25CV46285; and 3. In Re: 10505 Madrone Court, Cupertino, CA 95014, Santa Clara County Superior Court; Case No. 24CV443930. 2.Subject: Conference With Legal Counsel-Anticipated Litigation, Govt. Code Sections 54956.9(2) and 54954.5(c) (one case) 3.Subject: Public Employee Performance Evaluation, Govt. Code Sections 54957and 54954.5(e); Title: Interim City Attorney ADJOURNMENT Page 4 City Council Agenda December 16, 2025 REGULAR MEETING CALL TO ORDER - 6:45 PM 10350 Torre Avenue and via Teleconference; and Teleconference Location Pursuant to Gov . Code 54953(b)(2): Renaissance Shihlin Taipei Hotel, No. 8, Lane 470, Section 5, Zhongshan N Rd, Shilin District, Taipei City, Taiwan 11141 PLEDGE OF ALLEGIANCE ROLL CALL CLOSED SESSION REPORT CEREMONIAL ITEMS - None PRESENTATIONS 1.Subject: Presentation by the Outgoing and Incoming Cupertino Poet Laureates Keiko O’Leary (2023-2024) and Thomas Celerier (2026-2028) Recommended Action: Receive presentation by the Outgoing and Incoming Cupertino Poet Laureates Keiko O’Leary (2023-2024) and Thomas Celerier (2026-2028) 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 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 2-9) 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. Page 5 City Council Agenda December 16, 2025 2.Subject: Approval of December 1, 2025 City Council meeting minutes Recommended Action: Approve the December 1, 2025 City Council meeting minutes A - Draft Minutes 3.Subject: Approval of December 2, 2025 City Council meeting minutes Recommended Action: Approve the December 2, 2025 City Council meeting minutes A - Draft Minutes 4.Subject: Ratifying Accounts Payable for the periods ending November 7, 2025, and November 21, 2025 Recommended Action: A.Adopt Resolution No. 25-103 ratifying Accounts Payable for the Period ending November 7, 2025; and B.Adopt Resolution No. 25-104 ratifying Accounts Payable for the Period ending November 21, 2025 Staff Report A – Draft Resolution 11.07.25 B – AP Payment Register for the Period Ending 11.07.25 C – Draft Resolution 11.21.25 D – AP Payment Register for the Period Ending 11.21.25 5.Subject: Receive the FY 2024-25 Annual Comprehensive Financial Report (ACFR) Receive the FY 2024-25 Annual Comprehensive Financial Report (ACFR) Staff Report A - FY 2024-25 ACFR B - FY 2024-25 GAS Report 6.Subject: Accept Ad-Hoc Legislative Review Committee (LRC) City Council Subcommittee recommendation regarding adopting the Legislative Platform and forming the Legislative Review Committee by Resolution of the City Council Recommended Action: Accept Ad-Hoc Legislative Review Committee (LRC) City Council Subcommittee recommendation to: 1. Adopt the Legislative Platform; and 2. Form the Legislative Review Committee by Resolution of the City Council . Subcommittee Report A - Ad-Hoc Legislative Review Subcommittee Agenda B - Legislative Summary 2025 Year End Update C - Housing Bills of Interest Year End Update D - Bills of Interest Year End Update 7.Subject: Appointment of 2026 Council Committee assignments Recommended Action: Ratify 2026 Council Committee assignments Page 6 City Council Agenda December 16, 2025 Staff Report A – Draft 2026 Council Committee Assignments (forthcoming on December 16) 8.Subject: City Council meeting schedule through January 20, 2027 Adopt Resolution No. 25-105 establishing the City Council meeting schedule through January 20, 2027 Staff Report A - Draft Resolution 9.Subject: 2025 Commission and Committee Annual Activities Report Recommended Action: Receive the 2025 Commission and Committee Activities Report Staff Report A - Report 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: Consideration of a new residential development project consisting of 55-townhome-condominium units and 10 ADUs, housed within ten three-story buildings, on three contiguous parcels, totaling 2.72-acres, located on the south side of Stevens Creek Boulevard at the present location of the United Furniture site . (Application No(s): DP-2024-004, ASA-2024-008, TM-2024-005, & U-2025-004; Applicant(s): Nick Kosla (Toll Brothers); Location: 10075 E. Estates & 19610 Stevens Creek Blvd. (A.P.N.: 369-06-002, -003, -004) Recommended Action: 1. Find the project exempt from the California Environmental Quality Act (CEQA) 2. Approve the following: a. Adopt Resolution No. 25-106 approving Development Permit (DP-2024-004) (Attachment A); b. Adopt Resolution No. 25-107 approving Use Permit (U-2025-004) (Attachment B); c. Adopt Resolution No. 25-108 approving Architectural & Site Approval Permit (ASA-2024-008) (Attachment C); and d. Adopt Resolution No. 25-109 approving Tentative Final Map (TM-2024-005) (Attachment D). Page 7 City Council Agenda December 16, 2025 Staff Report A - Draft Resolution for DP-2024-004 B - Draft Resolution for U-2025-004 C - Draft Resolution for ASA-2024-008 D - Draft Resolution for TM-2024-005 E - Categorical Exemption Memorandum F - Public Comment G - Project Site Plan and Renderings ACTION CALENDAR 11.Subject: Determine City Hall Improvements project scope and resources, approve budget modification in the amount of $54,000,000 and authorize design-build delivery methods. Recommended Action: For the Capital Improvement Programs (CIP) City Hall Improvements project (Project), 1.Approve the proposed scope of the Project: a.Risk Category IV Renovation of Structural System b.Maintain Current Footprint: Reconfigure Interior, no vertical or horizontal expansion c.No Parking Expansion d.Upgrades to Infrastructure and Accessibility 2.Adopt Resolution No. 25-110 approving Budget Modification No. 2425-425 , increasing appropriations by $54,000,000 in the Capital Improvement Fund for the Project (420-99-250); 3.Authorize the City Manager to undertake a design-build project delivery method for the Project; 4.Adopt Resolution No. 25-111 approving the procurement of a design-build contract for the Project. Staff Report A - Draft Resolution Budget Modification B - Draft Resolution Design Build project C - 2025 Cost Estimate City Hall D - 2022 Cost Estimates CH project ITEMS REMOVED FROM THE CONSENT CALENDAR CITY MANAGER REPORT 12.Subject: City Manager Report A - City Manager's Report ORAL COMMUNICATIONS - CONTINUED Page 8 City Council Agenda December 16, 2025 COUNCILMEMBER REPORTS 13.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 . 14.Subject: Upcoming Draft Agenda Items Report A - Upcoming Draft Agenda Items Report ADJOURNMENT Lobbyist Registration and Reporting Requirements: Individuals who influence or attempt to influence legislative or administrative action may be required by the City of Cupertino’s lobbying ordinance (Cupertino Municipal Code Chapter 2.100) to register and report lobbying activity. Persons whose communications regarding any legislative or administrative are solely limited to appearing at or submitting testimony for any public meeting held by the City are not required to register as lobbyists. For more information about the lobbying ordinance, please contact the City Clerk ’s Office at 10300 Torre Avenue, Cupertino, CA 95014; telephone (408) 777-3223; email cityclerk@cupertino.org; and website: www.cupertino.org/lobbyist. The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6; litigation challenging a final decision of the City Council must be brought within 90 days after a decision is announced unless a shorter time is required by State or Federal law. Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City’s decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk’s office for more information or go to http://www.cupertino.org/cityclerk for a reconsideration petition form. In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend this meeting who is visually or hearing impaired or has any disability that needs special assistance should call the City Clerk's Office at 408-777-3223, at least 48 hours in advance of the meeting to arrange for assistance. In addition, upon request in advance by a person with a disability, meeting agendas and writings distributed for the meeting that are public records will be made available in the appropriate Page 9 City Council Agenda December 16, 2025 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. 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