HomeMy WebLinkAboutCC 05-05-2026
APPROVED MINUTES
CUPERTINO CITY COUNCIL
Tuesday, May 5, 2026
At 5:30 p.m., Mayor Moore called the regular City Council Meeting to order in City Hall
Conference Room C, 10300 Torre Avenue, Cupertino, CA 95014.
ROLL CALL
Present: Mayor Kitty Moore, Vice Mayor Liang Chao, and Councilmembers J.R. Fruen and
Sheila Mohan. Absent: Councilmember R “Ray” Wang.
At 5:31 p.m., Mayor Moore recused herself from this item and stated the basis for her recusal
and left the dais. Vice Mayor Chao resumed chairing the meeting.
In open session prior to closed session, Vice Mayor Chao opened the public comment
period and, seeing no one, closed the public comment period.
CLOSED SESSION
1. Subject: Conference with Real Property Negotiators; California Government Code
section 54954.5
1. Property: 10480 Finch Avenue, Cupertino, CA (APN 375-40-067)
2. Agency Negotiators: Tina Kapoor, 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
Council met with Real Property Negotiators (Moore recused, Wang absent).
ADJOURNMENT
At 5:46 p.m., Vice Mayor Chao adjourned the meeting.
OPEN SESSION
SPECIAL MEETING
City Council Minutes May 5, 2026
Page 2
At 5:52 p.m., Mayor Moore called the Special City Council Meeting to order in the
Cupertino Community Hall Council Chamber, 10350 Torre Avenue and via teleconference.
ROLL CALL
Present: Mayor Kitty Moore, Vice Mayor Liang Chao, and Councilmembers J.R. Fruen
and Sheila Mohan. Absent: Councilmember R “Ray” Wang.
STUDY SESSION
1. Subject: Silicon Valley Hopper: A program overview and proposed strategy for future
grant funding.
Recommended Action: Receive an update on 2025 SV Hopper service metrics and
support staff’s proposal to pursue a Transit and Intercity Rail Capital Program (TIRCP)
Cycle 8 application in coordination with partner agencies.
Written communications for this item included staff presentation and desk item.
Transit and Transportation Planner Matt Schroeder gave a presentation.
Councilmembers asked questions and made comments.
Mayor Moore opened the public comment period and the following members of
the public spoke:
Peggy Griffin (virtually)
Planning Commissioner San Rao (representing self) (virtually)
Mayor Moore closed the public comment period.
Council received an update on the 2025 SV Hopper service metrics (Wang absent).
Council conducted a straw poll to determine support for staff to pursue all applicable
grant opportunities to fund the SV Hopper program. (Ayes: Moore, Chao, Fruen, and
Mohan. Noes: None. Absent: Wang)
ADJOURNMENT
At 6:41 p.m., Mayor Kitty Moore adjourned the Special City Council Meeting.
REGULAR MEETING
City Council Minutes May 5, 2026
Page 3
CALL TO ORDER
At 6:45 p.m., Mayor Moore called the Regular City Council Meeting to order 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): Renaissance
Cincinnati Downtown, Hotel Lobby, 36 E 4th St, Cincinnati, OH 45202.
ROLL CALL
Present: Mayor Kitty Moore, Vice Mayor Liang Chao, and Councilmembers J.R. Fruen and
Sheila Mohan. Councilmember R “Ray” Wang (arrived at 7:32 p.m. and participated
virtually).
Councilmember Wang confirmed that he was in the noticed public location, that he had posted
the notice of the meeting at his remote location and that no other individuals over the age of 18
were with him and that no one had indicated to him that they were intending to make public
comment or address the Council.
CLOSED SESSION REPORT
City Attorney Floy Andrews announced no reportable action taken during the closed session
held at 5:30 p.m.
CEREMONIAL ITEMS
1. Subject: Recognition of Sanyasi Chetty Mummidivarapu on the occasion of their 100th
birthday.
Recommended Action: Present certificate of recognition to Sanyasi Chetty
Mummidivarapu on the occasion of their 100th birthday.
Sanyasi Chetty Mummidivarapu received the certificate of recognition.
Mayor Moore presented the certificate of recognition to Sanyasi Chetty Mummidivarapu
on the occasion of their 100th birthday.
2. Subject: Recognition of National Public Service Recognition Week of May 3-9, 2026 and
the Dedication of Public Servants.
Recommended Action: Present proclamation recognizing National Public Service
Recognition Week of May 3-9, 2026 and the Dedication of Public Servants.
City Manager Tina Kapoor received the proclamation.
City Council Minutes May 5, 2026
Page 4
Mayor Moore presented the proclamation recognizing National Public Service
Recognition Week of May 3-9, 2026 and the dedication of public servants.
3. Subject: Recognition of May 2026 as National Physical Fitness Month.
Recommended Action: Recognize May as National Physical Fitness Month.
Mayor Moore verbally recognized May as National Physical Fitness Month.
4. Subject: Recognition of May as National Foster Care Month.
Recommended Action: Present proclamation to Assemblymember Patrick Ahrens
recognizing May as National Foster Care Month.
Assemblymember Patrick Ahrens received the proclamation (virtually).
Mayor Moore presented the proclamation recognizing May as National Foster Care
Month.
POSTPONEMENTS AND ORDERS OF THE DAY
MOTION: Moore moved and Mohan seconded to postpone Item No. 21 to a date to be
determined. The motion passed with the following vote: Ayes: Moore, Chao, 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:
Steve Sulgit representing Cupertino Toyokawa Sister City, discussed Cupertino Cherry
Blossom Festival.
Catherine Chiu, Bianca Guerrero, Susan Bloomfield, Craig Bloomfield, Fred Drinkwater,
representing group, discussed pickleball.
Zoey Tran, Alex Whitworth, Liam Chau and Lucas Chau, representing group, discussed
pickleball.
MaryAnne Overton discussed pickleball.
City Council Minutes May 5, 2026
Page 5
Chris Pham, Lin Tsai, Joel Amzallag, and Randane Fraisse, representing group, discussed
pickleball.
Robert George discussed pickleball.
Tom Cunningham, Yuriko Chapman, Huan-Shang Tsai, Bob McElheny, and Shelley
McElheny, representing group, discussed pickleball.
Kevin Yang discussed pickleball.
Adam Orrin, Danielle Wu, Connie Chin, Boon Chanchoke, and Danny Cheng, representing
group, discussed pickleball.
Aref S. discussed pickleball.
Varun Singh and Raj Thapliyas, representing group, discussed City land and green space in
the community.
Rhoda Fry discussed pickleball, flock safety cameras, and sheriff’s response procedures.
At 7:32 p.m., Councilmember Wang joined the meeting (virtually).
Planning Commissioner Tracy Kosolcharoen (representing the Planning Commission)
(virtually) discussed the results of their Community Noticing Subcommittee report.
Peggy Griffin (virtually) discussed a Civil Grand Jury report concerning the City.
Call-in User_1 (virtually) discussed pickleball and a Code Enforcement matter involving their
home.
Planning Commissioner San Rao (representing self) (virtually) discussed a Civil Grand Jury
report concerning the City.
Jennifer Griffin (virtually) discussed a Civil Grand Jury report concerning the City.
CONSENT CALENDAR (Items 5-18)
Mayor Moore opened the public comment period and the following members of the public
spoke.
Rhoda Fry (Item 10)
City Council Minutes May 5, 2026
Page 6
Planning Commissioner San Rao (representing self) (virtually) (Items 11, 12, and 15)
Mayor Moore closed the public comment period.
Mayor Moore removed Item No. 14 from the Consent Calendar to be voted on separately.
MOTION: Moore moved and Chao seconded to approve Consent Calendar Item No. 14
authorizing the Mayor to sign a joint letter from various cities within the County to Speaker
Robert Rivas expressing concerns regarding the volume and implementation of recent state
housing and land use legislation. The motion passed with the following vote: Ayes: Moore,
Chao, Fruen, and Mohan. Noes: Wang. Abstain: None. Absent: None.
MOTION: Fruen moved and Chao seconded to approve Consent Calendar Item Nos. 5-13 and
15-18. The motion passed with the following vote: Ayes: Moore, Chao, Fruen, Mohan and
Wang. Noes: None. Abstain: None. Absent: None.
5. Subject: Approval of April 21, 2026 City Council meeting minutes.
Recommended Action: Approve the April 21, 2026 City Council meeting minutes.
6. Subject: Reaffirming ratification of Accounts Payable for the periods ending March 13,
2026, and March 27, 2026
Recommended Action: A. Adopt Resolution No. 26-049 reaffirming ratification of
Accounts Payable for the Period ending March 13, 2026; and
B. Adopt Resolution No. 26-050 reaffirming ratification of Accounts Payable for the
Period ending March 27, 2026
7. Subject: Receive the Monthly Treasurer's Investment Report for March 2026
Recommended Action: Receive the Monthly Treasurer's Investment Report for March
2026
8. Subject: Receive the Monthly Treasurer's Report for March 2026
Recommended Action: Receive the Monthly Treasurer's Report for March 2026
9. Subject: Receive the Treasurer's Investment Report for the Quarter Ending March 31,
2026
Recommended Action: Receive the Treasurer's Investment Report for the Quarter
Ending March 31, 2026
10. Subject: Updates to the Policy on Sister Cities, Friendship Cities, and International
Delegations.
Recommended Action: Adopt the updated City of Cupertino’s Policy on Sister Cities,
City Council Minutes May 5, 2026
Page 7
Friendship Cities, and International Delegations.
Written communications for this item included a supplemental report.
11. Subject: Award a construction contract for the 2026 Pavement Maintenance Phase 1
Project to O’Grady Paving, Inc. in the amount of $1,869,804; authorization of contract
execution and change orders up to $2,150,274.
Recommended Action: 1. Award a construction contract for the 2026 Pavement
Maintenance Phase 1 Project number 2026-101 in the amount of $1,869,804 to O’Grady
Paving, Inc.
2. Authorize the City Manager to execute the construction contract with O’Grady
Paving, Inc. when all conditions have been met.
3. Authorize the Director of Public Works to execute any necessary construction
change orders up to a construction contingency amount of $280,470 (15%) for a total
contract amount not to exceed $2,150,274.
12. Subject: Award a construction contract for the 2026 Pavement Maintenance Phase 2
Project to Pavement Coatings Company in the amount of $2,599,235; authorize contract
execution and change orders up to $259,924 (total not to exceed $2,859,159).
Recommended Action: 1. Award a construction contract for the 2026 Pavement
Maintenance Phase 2 Project number 2026-102 in the amount of $2,599,235 to Pavement
Coatings Company.
2. Authorize the City Manager to execute the construction contract with Pavement
Coatings Company when all conditions have been met.
3. Authorize the Director of Public Works to execute any necessary construction
change orders up to a construction contingency amount of $259,924 (10%) for a total
contract amount not to exceed $2,859,159.
13. Subject: Fiscal Year (FY) 2026-2027 projects proposed to receive funding under the
Road Maintenance and Rehabilitation Account (RMRA) established by Senate Bill (SB)
1; proposed funding of $1,692,995 in SB 1 revenues.
Recommended Action: Adopt Resolution No. 26-051 (Attachment A) establishing a list
of projects proposed to be funded by $1,692,995 of SB 1 revenues, estimated to be
received in FY 2026-2027.
14. Subject: Authorization for Mayor to Sign Multi-Jurisdictional Letter Regarding State
Housing Legislation as updated by the Council Ad Hoc Subcommittee. (Continued
from April 7, 2026)
Recommended Action: Authorize the Mayor to sign a joint letter from various cities
within the County to Speaker Robert Rivas expressing concerns regarding the volume
and implementation of recent state housing and land use legislation.
City Council Minutes May 5, 2026
Page 8
Written communications for this item included a supplemental report.
As noted under the Consent Calendar, this item was voted on separately.
15. Subject: Approval of First Amendment to Master Agreement with Ghirardelli and
Associates for 2026-2027 Pavement Maintenance Program services; authorize contract
execution increase contract by $588,538 to total not to exceed amount of $808,538.
Recommended Action: Authorize the City Manager to execute a First Amendment to a
Master Agreement (#2026-011) with Ghirardelli and Associates for Project Management
and Construction Management Services for 2026-2027 Pavement Maintenance Program
(Attachment A), increasing the contract amount by $588,538 for a new total not to
exceed amount of $808,538.
16. Subject: Second reading and enactment of amendments to Cupertino Municipal Code,
Chapter 9.17 Single-Use Carryout Bags, pertaining to regulation of single-use carryout
bags at retail stores and restaurants.
Recommended Action: 1. Conduct the second reading and enact Ordinance 26-2280:
"AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING CITY CODE TO AMEND SECTIONS 9.17.100, 9.17.110, 9.17.130, AND
9.17.140 TO REGULATE SINGLE-USE CARRYOUT BAGS'
2. Find that the proposed actions are exempt from CEQA.
17. Subject: Second reading and enactment of an Ordinance to amend Cupertino
Municipal Code Title 16 to conform to requirements from the California Building
Standards Commission (CBSC).
Recommended Action: Conduct the second reading and enact Ordinance No. 26-2281:
“AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING CHAPTERS 16.02, 16.04, 16.06, 16.10, 16.16, 16.20, 16.24, 16.40, 16.42,
16.54, 16.58, 16.62, 16.64, 16.68 and 16.80 OF TITLE 16 OF THE CUPERTINO
MUNICIPAL CODE ADOPTING THE CALIFORNIA BUILDING, RESIDENTIAL,
ELECTRICAL, MECHANICAL, PLUMBING, ENERGY, WILDLAND-URBAN
INTERFACE CODE, HISTORICAL BUILDING CODE, FIRE, EXISTING BUILDING
CODE, GREEN BUILDING STANDARDS CODE, REFERENCED STANDARDS
CODE, UNIFORM HOUSING CODE, AND PROPERTY MAINTENANCE CODE,
WITH CERTAIN EXCEPTIONS, DELETIONS, MODIFICATIONS, ADDITIONS AND
AMENDMENTS.
18. Subject: Second reading and enactment of an Ordinance amending City Code Title Five
(Business Licenses and Regulations) to Establish Chapter 5.51 to Regulate Film
Production.
Recommended Action: Conduct the second reading and enact Ordinance No. 26-2282:
“AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
City Council Minutes May 5, 2026
Page 9
AMENDING CITY CODE TITLE FIVE (BUSINESS LICENSES AND REGULATIONS)
TO ESTABLISH CHAPTER 5.51 TO REGULATE FILM PRODUCTION.”
At 8:03 p.m., Mayor Moore recessed the meeting. The meeting reconvened at 8:10 p.m. with all
Councilmembers present (Wang virtually).
ACTION CALENDAR
19. Subject: Introduction and first reading of an ordinance amending Cupertino Municipal
Code Sections 1.10, 2.20, 2.24, 2.48, 2.88, 3.12, and 3.38 to reflect organizational changes
related to departmental structure and responsibilities.
Recommended Action: Introduce and conduct the first reading of Ordinance No.
26-2283: “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING MUNICIPAL CODE CHAPTERS 1.10, 2.20, 2.24, 2.48, 2.88, 3.12, AND
3.38.”
Written communications for this item included a staff presentation and desk item.
Acting Director of Administrative Services Jonathan Orozco gave a presentation.
Councilmembers asked clarifying questions.
Mayor Moore opened the public comment period and the following members of the
public spoke:
Planning Commissioner San Rao (representing self) (virtually)
Councilmembers asked questions and made comments.
Mayor Moore closed the public comment period.
MOTION: Chao moved and Fruen seconded the staff recommendation to conduct the
first reading of Ordinance No. 26-2283: “AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF CUPERTINO AMENDING MUNICIPAL CODE CHAPTERS 1.10,
2.20, 2.24, 2.48, 2.88, 3.12, AND 3.38.” The motion passed with the following vote:
Ayes: Moore, Chao, Fruen, Mohan and Wang. Noes: None. Abstain: None. Absent:
None.
20. Subject: Introduction of an ordinance to make minor revisions to the Municipal Code
amending Chapter 2.04 (Chapter 2.04: City Council-Election and Meetings): Section
2.04.020 Special Meetings; Chapter 3.23 (Public Works Contract and Bidding
Procedures): Section 3.23.020 (Definitions) to align with AB 2192; Chapter 5.04 (Business
City Council Minutes May 5, 2026
Page 10
Licenses Generally): Section 5.04.480 (Appeal Procedure); Chapter 5.32 (BINGO):
Section 5.32.130 (Total Value of Prizes); Chapter 11.28 (Abandoned, Wrecked,
Inoperative Vehicles): Sections 11.28.010 (Definitions) and 11.28.050 (Sale of
Merchandise); Chapter 13.04 (Parks): Sections 13.04.130 (Behavior of Persons in Parks)
and 13.04.180 (Advertising and Sale Restrictions); and Chapter 16.52 (Prevention of
Flood Damage): Sections 16.52.011 (Lands to Which this Chapter Applies) and 16.52.053
(Standards for Manufactured Homes).
Recommended Action: Introduce and conduct the first reading of Ordinance No.
26-2284: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING MUNICIPAL CODE SECTIONS 2.04.020, 3.23.020, 5.04.480, 5.32.130,
11.28.010, 11.28.050, 13.04.130, 13.04.180, 16.52.011, AND 16.52.053."
Deputy City Manager Kirsten Squarcia gave a presentation.
Councilmembers asked clarifying questions.
Mayor Moore opened the public comment period and the following members of the
public spoke:
Planning Commissioner San Rao (representing self) (virtually)
Councilmembers asked questions and made comments.
Mayor Moore closed the public comment period.
MOTION: Fruen moved and Wang seconded the staff recommendation to conduct the
first reading of Ordinance No. 26-2284: "AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF CUPERTINO AMENDING MUNICIPAL CODE SECTIONS
2.04.020, 3.23.020, 5.04.480, 5.32.130, 11.28.010, 11.28.050, 13.04.130, 13.04.180,
16.52.011, AND 16.52.053." The motion passed with the following vote: Ayes: Moore,
Chao, Fruen, Mohan and Wang. Noes: None. Abstain: None. Absent: None.
21. Subject: Revisions to City of Cupertino City Council Procedures Manual.
Recommended Action: Consider suggested updates and adopt Resolution No 26-052,
approving amendments to the City Council Procedures Manual.
As noted under Postponements and Orders of the Day, this item was postponed to a
date to be determined.
ITEMS REMOVED FROM THE CONSENT CALENDAR
CITY MANAGER REPORT
City Council Minutes May 5, 2026
Page 11
22. Subject: City Manager Report
City Manager Tina Kapoor included the City Manager Newsletter, which includes
recent highlights and upcoming events as provided in the published agenda.
ORAL COMMUNICATIONS - CONTINUED - None
COUNCILMEMBER REPORTS
23. Subject: Councilmember Reports
Written communications for this item included corrected Attachment B – Councilmember
Report, Fruen.
Councilmembers included reports on their various committees and events as provided
in the published agenda.
FUTURE AGENDA ITEMS
24. Subject: Upcoming Draft Agenda Items Report
A tentative Council meeting agenda calendar was provided in the published agenda.
ADJOURNMENT
At 8:48 p.m., Mayor Kitty Moore adjourned the Regular City Council Meeting.
Minutes prepared by:
________________________________
Lauren Sapudar, City Clerk