HomeMy WebLinkAboutCC 07-07-2026
APPROVED MINUTES
CUPERTINO CITY COUNCIL
Tuesday, July 7, 2026
SPECIAL MEETING
At 5:46 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,
Sheila Mohan and R “Ray” Wang.
STUDY SESSION
1. Subject: Study Session to Update the Health and Safety Element of the Cupertino
General Plan: 2015 - 2040 Community Vision.
Recommended Action: Receive the presentation and provide input on the Public Draft
of the Health and Safety Element of the Cupertino General Plan: 2015 - 2040
Community Vision.
Written communications for this item included staff presentation.
PlaceWorks Senior Associate Eli Krispi gave a presentation.
Planning Manager Piu Ghosh and Assistant Director of Community Development Luke
Connolly were also present.
Mayor Moore opened the public comment period and the following members of the
public spoke:
Jennifer Griffin (virtually)
Councilmembers asked questions and made comments.
Moore requested an Informational Memorandum regarding Santa Clara County Sheriff's
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Department emergency response time standards.
Council received the presentation and provided the following input on the Public Draft
of the Health and Safety Element:
Mohan:
• Seeking clarification on whether seismic retrofitting is a required policy for city
buildings to ensure emergency service preparedness. Staff clarified that seismic
retrofitting is included as a policy in the draft Health and Safety Element.
• Noted that freeway evacuation routes are clearly marked on the current map,
neighborhood-level routes are unclear. Per draft policy, staff will update the
city’s GIS system to integrate and make emergency access routes publicly
available. Staff noted however, in the event of an actual emergency, the
emergency access routes may change due to the location of the emergency.
Chao:
• What noise mitigation measures regarding truck noise have been considered in
the past? Are they working or not?
• Investigate truck movement restrictions on Stevens Creek and Foothill
Boulevards. Staff responded to state that the proposed policy addresses this issue
directly.
• Contact the county to clarify the status of the quarry's historical use permit
regarding its current operations. Staff clarified that there is ongoing coordination
with County staff on this matter.
• Supports policy 8.8 regarding noise generating uses including public and private
recreational uses adjacent to residential areas.
• Supports policy regarding soundwall installation where there are gaps.
• Supports policy HS 9.5.2 regarding enhanced shading for new Nonresidential
and multifamily development.
• Suggested encouraging the use of grasscrete pavers in parking lots as a policy in
the Health and Safety Element. Staff indicated that the General Plan already
encourages the use of permeable materials for paving and parking lots in the
Environmental Resources and Sustainability Element.
Moore:
• Truck noise and rock crushing from Quarries:
o Investigate the vested rights of Lehigh/Heidelberg Materials and Vulcan
Materials regarding outdoor rock crushing, specifically checking if a 10-
year operational lapse invalidated those rights.
o Evaluate if Vulcan Materials' early-morning commercial sales and
trucking operations can be regulated by the city.
o Direct the City Attorney to review the legality of these commercial
operations, in coordination with the county and subject to majority
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Council support.
City Manager Kapoor noted this topic is listed on the TBD list for future
discussion.
• Policy HS-10.2.3: Requested a definition for "soundwall" and questioned if it
applies to sports court noise. Staff clarified that the soundwall policy in HS-10.2.3
only pertained to private development.
• Requested clarification on the scope of Policy HS-10.8 regarding its application to
public and private recreational sports areas. Staff clarified that it applies to both.
ADJOURNMENT
At 6:31 p.m., Mayor Kitty Moore adjourned the Special City Council Meeting.
REGULAR MEETING
CALL TO ORDER
At 6:46 p.m., Mayor Moore called the Regular 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,
Sheila Mohan and R “Ray” Wang.
CLOSED SESSION REPORT - None
CEREMONIAL ITEMS
1. Subject: Recognition of the Parks and Recreation Department (Administration;
Community Events, Facilities, Youth and Teen Recreation; Outdoor Recreation; Senior
Wellness and Recreation; Sports, Fitness, and Recreation Divisions) in conjunction with
July as Parks and Recreation Month.
Recommended Action: Present proclamation recognizing the Parks and Recreation
Department (Administration; Community Events, Facilities, Youth and Teen
Recreation; Outdoor Recreation; Senior Wellness and Recreation; Sports, Fitness, and
Recreation Divisions) in conjunction with July as Parks and Recreation Month.
Director of Parks and Recreation Rachelle Sander received the proclamation.
Mayor Moore presented a proclamation recognizing the Parks and Recreation
Department in conjunction with July as Parks and Recreation Month.
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2. Subject: Recognition of Monta Vista High School Science Olympiad Team for achieving
first place in the National Science Olympiad competition.
Recommended Action: Present Certificates Recognizing Monta Vista High School
Science Olympiad Team for achieving first place in the National Science Olympiad
competition.
Mayor Moore presented the certificates recognizing Monta Vista High School Science
Olympiad Team for achieving first place in the National Science Olympiad competition.
3. Subject: Recognition of the Kennedy Middle School Science Olympiad Team for their
performance in the National Science Olympiad competition.
Recommended Action: Present Certificates Recognizing the Kennedy Middle School
Science Olympiad Team for their performance in the National Science Olympiad
competition.
Mayor Moore presented the certificates recognizing the Kennedy Middle School
Science Olympiad Team for their performance in the National Science Olympiad
competition.
At 7:03 p.m., Mayor Moore recessed the meeting. The meeting reconvened at 7:08 p.m. with all
Councilmembers present.
POSTPONEMENTS AND ORDERS OF THE DAY - None
ORAL COMMUNICATIONS
Written communications for this item included emails to the Council.
The following members of the public spoke:
Richard Adler representing Oak Valley Forum group, discussed Maryknoll residence.
Charleen Lee discussed student safety.
Call-In User 2 (virtually) discussed a code enforcement matter involving their home.
Jennifer Griffin (virtually) discussed Maryknoll residence.
Moore requested an informational memorandum regarding the Maryknoll seminary property
to determine its eligibility and the procedural steps for historic landmark designation within
the unincorporated county, as well as an update on any future annexation plans.
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CONSENT CALENDAR (Items 4-11)
Item No. 4 was removed from the Consent Calendar by Vice Mayor Chao.
Mayor Moore opened the public comment period for Item Nos 5-11 and, seeing no one, closed
the public comment period.
MOTION: Wang moved and Fruen seconded to approve Consent Calendar Item Nos. 5-11.
The motion passed with the following vote: Ayes: Moore, Chao, Fruen, Mohan, and Wang.
Noes: None. Abstain: None. Absent: None.
Mayor Moore stated that, based on an advice letter from the FPPC prohibiting her
participation in Item No. 4 due to the project’s proximity to her home, she would recuse
herself from the discussion, and left the dais. Vice Mayor Chao began chairing the meeting.
MOTION: Wang moved and Fruen seconded to reorder the agenda to hear Item No. 4 prior to
Item No. 12. The motion passed with the following vote: Ayes: Chao, Fruen, Mohan, and
Wang. Noes: None. Abstain: None. Absent: Moore.
5. Subject: Approval of June 15, 2026 City Council meeting minutes.
Recommended Action: Approve the June 15, 2026 City Council meeting minutes.
6. Subject: Approval of June 16, 2026 City Council meeting minutes.
Recommended Action: Approve the June 16, 2026 City Council meeting minutes.
7. Subject: Receipt of the Monthly Treasurer's Investment Report for May 2026.
Recommended Action: Receive the Monthly Treasurer's Investment Report for May
2026.
8. Subject: Receipt of the Monthly Treasurer's Report for May 2026.
Recommended Action: Receive the Monthly Treasurer's Report for May 2026.
9. Subject: Bi-Annual Strategic Planning Process.
Recommended Action: Approve the Bi-Annual Strategic Planning Process as presented
at the February 28, 2026 Special City Council meeting.
10. Subject: Review of Future agenda items requested by City Councilmembers (“TBD
List”).
Recommended Action: Review the TBD list and accept the staff recommendations for
all items.
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11. Subject: Approval of a Final Map, Subdivision Improvement Agreement, and Related
Easement Actions for the 59-Unit Valencia Development Project (Tract No. 10676;
Applicant: SummerHill Stevens Creek LLC; Location: Formerly 20770, 20830 and 20840
Stevens Creek Blvd; APN: 359-08-031)
Recommended Action: Adopt Resolution No. 26-079 (Attachment A):
a. Approving the final map consisting of Tract No. 10676;
b. Accepting the street dedication and public easements, and the abandonment of
unnecessary public easements as shown on the map; and
c. Authorizing the City Engineer to execute and record the Subdivision Improvement
Agreement.
ITEMS REMOVED FROM THE CONSENT CALENDAR
4. Subject: Approval of the Exchange Agreement for 10480 Finch Avenue (“Finch
Property”) and Allocation of $10.4 Million for Acquisition of the Finch Property
(“Exchange Agreement”), and find the action to qualify for a categorical exemption
from CEQA review
Recommended Action: 1. Adopt Resolution No. 26-078 (Attachment D) approving the
Exchange Agreement between the City of Cupertino and Cupertino Union School
District for the Finch Property, authorizing the City Manager to execute the agreement
and related documents, and approving allocation of $10.4 million from the Parkland
Dedication Fund for acquisition of the property; and
2. Find that the acquisition is categorically exempt from the California Environmental
Quality Act (“CEQA”).
Written communications for this item included a desk item with staff answers to
councilmember questions.
As noted under the Consent Calendar, this item was reordered to be heard prior to Item
No. 12 and Mayor Moore recused herself on the item and left the dais.
Councilmembers asked questions and made comments.
Vice Mayor Chao opened the public comment period and the following members of the
public spoke:
Lisa Warren
Jennifer Griffin (virtually)
Councilmembers asked questions and made comments.
Vice Mayor Chao closed the public comment period.
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MOTION: Chao moved and Wang seconded to approve the staff recommendation, as
amended to:
1. Adopt Resolution No. 26-078 (Attachment D) approving the Exchange Agreement
between the City of Cupertino and Cupertino Union School District for the Finch
Property, authorizing the City Manager to execute the agreement and related
documents, and approving allocation of $10.4 million from the Parkland Dedication
Fund for acquisition of the property; and
2. Find that the acquisition is categorically exempt from the California Environmental
Quality Act (“CEQA”); and
3. With an amendment to direct staff to take actions to rezone the property to parkland.
The motion, as amended, passed with the following vote: Ayes: Chao, Fruen, Mohan
and Wang. Noes: None. Abstain: None. Absent: Moore.
Mayor Moore returned to the dais and resumed chairing the meeting.
PUBLIC HEARINGS – None
ACTION CALENDAR
12. Subject: Receive a Report on Ballot Measure Survey Results and Provide Direction on
Potential Ballot Measures for the November 3, 2026 General Municipal Election.
Recommended Action: 1. Receive a report on ballot measure survey results;
2. Consider whether to place a ballot measure related to the Utility Users Tax, a ballot
measure related to Parkland Rezoning, both ballot measures, or neither ballot measure
before the voters; and
3. Designate Councilmember(s) to draft primary argument and rebuttal argument for
any ballot measure placed before the voters.
Written communications for this item included staff and consultant presentations, and
supplemental report with staff answers to councilmember questions.
Purchasing Manager Gregory Card and Godbe Research President Bryan Godbe gave
presentations.
Jonathan Orozco, Director of Finance; Anita Luck, Partner, Aleshire & Wynder; and
Charles Heath, TeamCivX were also present.
Councilmembers asked questions and made comments.
Mayor Moore opened the public comment period and the following members of the
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public spoke:
Rhoda Fry
Jennifer Griffin (virtually)
San Rao (virtually)
Councilmembers asked questions and made comments.
Mayor Moore closed the public comment period.
MOTION: Moore moved and Fruen seconded to receive the report on ballot measure
survey results. The motion passed with the following vote: Ayes: Moore, Chao, Fruen,
Mohan, and Wang. Noes: None. Abstain: None. Absent: None.
MOTION: Fruen moved and Wang seconded to place a ballot measure related to
Parkland Rezoning before the voters. The motion passed with the following vote: Ayes:
Moore, Chao, Fruen, Mohan, and Wang. Noes: None. Abstain: None. Absent: None.
MOTION: Chao moved and Wang seconded to designate Mayor Moore and
Councilmember Mohan to draft the primary argument and rebuttal argument for the
Parkland ballot measure. The motion passed with the following vote: Ayes: Moore,
Chao, Fruen, Mohan, and Wang. Noes: None. Abstain: None. Absent: None.
MOTION: Chao moved and Moore seconded to place a ballot measure before the
voters related to the Utility Users Tax (UUT) to extend the existing 2.4% rate with
existing services, including telecommunication, gas and electricity, without adding
streaming and to remain in effect until it’s rescinded by the voters. The motion failed
with the following vote: Ayes: Moore and Chao. Noes: Fruen, Mohan, and Wang.
Abstain: None. Absent: None.
MOTION: Moore moved and Chao seconded to extend the existing 2.4% tax rate to
include streaming services and cable.
FRIENDLY AMENDMENT: Moore made a friendly amendment to include the Utility
Users Tax (UUT) would remain in effect until rescinded by voters. (Chao accepted the
friendly amendment)
(Moore withdrew the motion and it was not voted on).
SUBSTITUTE MOTION: Mohan moved to approve a 3.4% tax rate with adding
streaming. (This motion did not receive a second and was not voted on).
MOTION Wang moved and Moore seconded to place a ballot measure before the
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voters related to the Utility Users Tax (UUT) extending the existing 2.4% rate for 10
years with existing services, including telecommunication, gas and electricity, without
adding streaming.
FRIENDLY AMENDMENT: Wang made a friendly amendment to clarify the extension
of the Utility Users Tax (UUT) ballot measure for 10 years after the current Utility Users
Tax (UUT) expires. (Moore accepted the friendly amendment).
The motion passed with the following vote: Ayes: Moore, Chao, and Wang. Noes:
Fruen and Mohan. Abstain: None. Absent: None.
MOTION: Moore moved and Wang seconded to designate Mayor Moore and
Councilmember Wang to draft the primary argument and rebuttal argument for the
Utility Users Tax (UUT) ballot measure. The motion passed with the following vote:
Ayes: Moore, Chao, Fruen, Mohan, and Wang. Noes: None. Abstain: None. Absent:
None.
At 9:44 p.m., Mayor Moore recessed the meeting. The meeting reconvened at 9:51 p.m. with all
Councilmembers present.
13. Subject: Consider approval of response to the 2026 Civil Grand Jury of Santa Clara
County Report entitled “Convenience vs. Compliance: Brown Act risks in Cupertino’s
meeting practices”
Recommended Action: Approve the response to the 2026 Civil Grand Jury of Santa
Clara County entitled “Convenience vs. Compliance: Brown Act risks in Cupertino’s
meeting practices”
Written communications for this item included emails to Council, and staff
presentation.
Interim City Attorney Floy Andrews gave a presentation.
Councilmembers asked questions and made comments.
Mayor Moore opened the public comment period and the following members of the
public spoke:
Rhoda Fry
Jennifer Griffin (virtually)
MOTION: Moore moved and Fruen seconded to extend the meeting past 11:00 p.m. to
continue hearing Item No. 13. The motion passed with the following vote: Ayes: Moore, Chao,
Fruen, Mohan, and Wang. Noes: None. Abstain: None. Absent: None.
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The public comment period continued:
San Rao (virtually)
Councilmembers asked questions and made comments.
Mayor Moore closed the public comment period.
MOTION: Moore moved and Chao seconded the staff recommendation to:
Approve the response to the 2026 Civil Grand Jury of Santa Clara County entitled
“Convenience vs. Compliance: Brown Act risks in Cupertino’s meeting practices”.
FRIENDLY AMENDMENT: Chao made a friendly amendment to not list the City
Council Procedures document for written procedures in the Civil Grand Jury response.
(Moore did not accept the friendly amendment and it was not included in the motion).
SUBSTITUTE MOTION: Chao made a substitute motion to not specifically mention
which document will be updated such as the City Council Procedures Manual in
response 1C and 4. (There was no second and was not included in the motion).
MOTION: Moore moved and Chao seconded the staff recommendation to:
Approve the response to the 2026 Civil Grand Jury of Santa Clara County entitled
“Convenience vs. Compliance: Brown Act risks in Cupertino’s meeting practices”. The
motion passed with the following vote: Ayes: Moore, Chao, Fruen, Mohan, and Wang.
Noes: None. Abstain: None. Absent: None.
CITY MANAGER REPORT
14. 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
15. Subject: Councilmember Reports
Councilmembers included reports on their various committees and events as provided
in the published agenda.
FUTURE AGENDA ITEMS
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As noted under Study Session Item No. 1 and Oral Communications, the following
Informational Memoranda were added:
• Regarding Santa Clara County Sheriff's Department emergency response time
standards (Moore).
• Regarding the Maryknoll Seminary property to determine its eligibility and the
procedural steps for historic landmark designation within the unincorporated county,
as well as an update on any future annexation plans (Moore).
16. Subject: Upcoming Draft Agenda Items Report
A tentative Council meeting agenda calendar was provided in the published agenda.
ADJOURNMENT
At 11:07 p.m., Mayor Kitty Moore adjourned the Regular City Council Meeting.
Minutes prepared by:
__________
Lauren Sapudar, City Clerk