HomeMy WebLinkAboutCC 02-03-2026 AgendaTuesday, February 3, 2026
6:45 PM
CITY OF CUPERTINO
Televised Regular Meeting (6:45)
10350 Torre Avenue, Council Chamber and via Teleconference
City Council
KITTY MOORE, MAYOR
LIANG CHAO, 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 February 3, 2026
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.gov/youtube and
www.Cupertino.org/webcast
4)Attend in person at a remote Teleconference Location noticed pursuant to Gov. Code
54953(b)(2), which location, if noticed, would be stated on the cover page of this agenda .
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
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City Council Agenda February 3, 2026
slides/share the documents during your oral comment .
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_z_pWgYmPSmixv7CWhRIyyQ
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: 830 2208 2105
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:
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City Council Agenda February 3, 2026
144.195.19.161 (US West)
206.247.11.121 (US East)
Meeting ID: 830 2208 2105
SIP: 83022082105@zoomcrc.com
D.Online via the teleconferencing device (Audio and Video) being used to provide access
to the meeting from a remote Teleconference Location noticed pursuant to Gov. Code
54953(b)(2), which location, if noticed, would be stated on the cover page of this agenda .
a)Speakers are required to notify the City Clerk via email to cityclerk@cupertino .gov prior
to noon on the date of the meeting during which they plan to participate and comment from
the remote location noticed to ensure the City Clerk is prepared to accept their comment .
b)If the teleconferencing device malfunctions impeding access to the meeting from the
remote location, the speaker may alternatively participate via the other options for remote
participation provided above.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
CLOSED SESSION REPORT
CEREMONIAL ITEMS
1.Subject: Recognition of STEM Winners from the City of Cupertino who participated in
the Santa Clara County 2025 Synopsys Championship Science Fair.
Recommended Action: Present certificates of recognition to the STEM Winners from
the City of Cupertino who participated in the Santa Clara County 2025 Synopsys
Championship Science Fair.
A - Certificates
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. Oral Communications shall be
limited to 30 minutes. Additional speakers wishing to comment on non-agenda items may be given time
to speak at the end of the agenda, after the City Manager's report. 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
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City Council Agenda February 3, 2026
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 2-7)
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.
2.Subject: Approval of January 13, 2026 City Council meeting minutes.
Recommended Action: Approve the January 13, 2026 City Council meeting minutes.
A - Draft Minutes
3.Subject: Approval of January 21, 2026 City Council meeting minutes.
Recommended Action: Approve the January 21, 2026 City Council meeting minutes.
A - Draft Minutes
4.Subject: Receive the Monthly Treasurer's Report for December 2025.
Recommended Action: Receive the Monthly Treasurer's Report for December 2025.
Staff Report
A – Report of City-wide Receipts, Disbursements, and Cash Balances December 2025
B – Report of City-wide Fund BalancesNet Position December 2025
5.Subject: Receive the Monthly Treasurer's Investment Report for December 2025.
Receive the Monthly Treasurer's Investment Report for
December 2025.
Staff Report
A - Chandler Investment Report Dec 2025
6.Subject: Receive the Treasurer's Investment Report for Quarter Ending December 31,
2025.
Recommended Action: Receive the Treasurer's Investment Report for Quarter Ending
December 31, 2025.
Staff Report
A – Chandler Investment Report December 2025
B – Chandler Custodial Statement December 2025
C – PARS Pension and OPEB Account Statement December 2025
D – LAIF Account Statement December 2025
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City Council Agenda February 3, 2026
7.Subject: Amendment to 2026 Council Committee Assignments to designate Vice Mayor
Liang Chao as the alternate to the Audit Committee.
Recommended Action: Amend the 2026 Council Committee Assignments to designate
Vice Mayor Liang Chao as the alternate to the Audit Committee.
Staff Report
A - 2026 Council Committee Assignments
B - Amended 2026 Council Committee Assignments (redline)
C - Amended 2026 Council Committee Assignments (clean)
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.
8.Subject: Consideration of (i) an Architectural and Site Approval permit, (ii) adoption of
a Notice of Exempt Surplus Land Act Declaration, and (iii) a Disposition and
Development Agreement by and between the City of Cupertino, a municipal
corporation and Mary Avenue, L.P., a California limited partnership in connection with
the development of a 40-unit below market rate development (Mary Avenue Villas
Project) on a Housing Element Site, of which 19 units are dedicated to the Intellectually
Developmentally Disabled and 21 units reserved for extremely low, very low, and low
income residents of the community, located on public property. (Application No(s):
ASA-2025-006; Applicant(s): Charities Housing; Location: (APN: 326-27-053, Mary
Avenue Right-of-Way).
Recommended Actions
1.Find the project exempt from the California Environmental Quality Act (CEQA)
2.Adopt Resolution No. 26-016 approving Architectural & Site Approval Permit
(ASA-2025-006) (Attachment A);
3.Adopt Resolution No. 26-017 declaring the Property Exempt Surplus Land pursuant
to the Surplus Land Act (Attachment B)
4.Adopt Resolution No. 26-018 approving the Disposition and Development
Agreement (Attachment C)
Staff Report
A - Draft Resolution for ASA-2025-006
B - Draft Resolution Declaring Exempt Surplus Land
C - Draft Resolution Approving the Disposition and Development Agreement
D - CEQA Exemption Memorandum
E - Public Comment
F - Project Plan Set
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City Council Agenda February 3, 2026
ACTION CALENDAR
9.Subject: Transition of Business License Administration to HdL Companies and
consideration of a Business License Amnesty Program .
Recommended Action: Receive a report on the transition of phased business license
administration to HdL Companies and provide direction on whether to adopt a
business license amnesty program. If Council elects to proceed with amnesty, select one
of the three options presented below. The details, benefits, and tradeoffs of each option
are discussed below.
1.Adopt a 30-day citywide business license amnesty period prior to initiation of HdL ’s
compliance and discovery efforts;
2.Provide ongoing amnesty upon discovery for newly identified unlicensed
businesses; or
3.Adopt a phased 60-day business license amnesty program (staff recommendation)
consisting of 100% penalty forgiveness during the first 30 days and 50% forgiveness
during the subsequent 30 days, followed by full enforcement.
Staff Report
ITEMS REMOVED FROM THE CONSENT CALENDAR
CITY MANAGER REPORT
10.Subject: City Manager Report
A - City Manager's Report
ORAL COMMUNICATIONS - CONTINUED
COUNCILMEMBER REPORTS
11.Subject: Councilmember Reports
A - Councilmember Report, Fruen
B - Councilmember Report, Mohan
C - Councilmember Report, Moore
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 .
12.Subject: Upcoming Draft Agenda Items Report
A - Upcoming Draft Agenda Items Report
ADJOURNMENT
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City Council Agenda February 3, 2026
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
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 8
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) 777‐1389
(408) 777‐3192
(408)777‐1316
(408)777-1326
(408)777‐3138
(408)777‐3139
All Council members:
Kitty Moore
Liang Chao
J.R. Fruen
Sheila Mohan
R "Ray" Wang
Executive Assistant
City Hall
citycouncil@cupertino.gov
KMoore@cupertino.gov
LiangChao@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