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HomeMy WebLinkAboutCC 07-21-2026 APPROVED MINUTES CUPERTINO CITY COUNCIL Tuesday, July 21, 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 and via teleconference. ROLL CALL Present: Mayor Kitty Moore, Vice Mayor Liang Chao, and Councilmembers J.R. Fruen, Sheila Mohan, and R “Ray” Wang (arrived at 5:34 p.m.) In open session prior to closed session, Mayor Moore opened the public comment period, and seeing no one, closed the public comment period. CLOSED SESSION 1. Subject: CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Existing litigation pursuant to paragraph (5) of Subdivision (c) of Section 54956.9(d)(1) of the California Government Code: a. Lixin (Leon) Chen, et al. c. City of Cupertino, et al., Santa Clara County Superior Court, Case No, 25CA462857 b. Yes in My Backyard, et al. v. City of Cupertino, et al. Santa Clara County Superior Court, Case No. 25CA263924 c. Garden Gate Coalition for Mary Avenue Safety v. City of Cupertino, Santa Clara County Superior Court, Case No. 26CV488611 d. Mark Fantozzi v. City of Cupertino, Santa Clara County Superior Court, Case No. 26CV492787 Council discussed existing litigation. 2. Subject: CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Anticipated litigation pursuant to paragraph (2) of subdivision (d) and paragraph (1) of subdivision (e) of Section 54956.9 of the California Government code (1 case) Council discussed anticipated litigation. RECESS At 6:23 p.m., Mayor Moore recessed the meeting. City Council Minutes July 21, 2026 Page 2 OPEN SESSION CALL TO ORDER At 6:45 p.m., Mayor Moore reconvened the Regular City Council Meeting and led the Pledge of Allegiance 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 City Attorney Floy Andrews announced no reportable action taken during the closed session held at 5:30 p.m. CEREMONIAL ITEMS – None POSTPONEMENTS AND ORDERS OF THE DAY MOTION: Moore moved and Wang seconded to postpone Item No. 7. 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: Toby Leavitt discussed the free Shakespeare in the Park event. Sid Rajaram, speaking on behalf of the Public Safety Commission, discussed troubling trends of online fraud. Subiksha Shri, Councilmember Student Intern, discussed survey findings regarding city issues and events. City Council Minutes July 21, 2026 Page 3 Aisha Kasamsetty, Councilmember Student Intern, discussed survey findings regarding safety. Marcus Pungaru, Councilmember Student Intern, discussed survey findings regarding attendance statistics at community events Kacie Chen, Councilmember Student Intern, discussed survey findings on the overall community. Shreya Singh, Councilmember Student Intern, discussed survey findings regarding issues residents want Council to prioritize. Rhoda Fry discussed the Shakespeare in the Park event, student internship program, Vallco wall, mitigation fees and building codes. Harvey McKeon (virtually), representing North Coast States Carpenters Union, discussed The Rise’s settlement agreement and re-evaluation of below market rate fees. Jennifer Griffin (virtually) discussed the trees and wall at The Rise development project. Call-In User_1 (virtually) discussed a code enforcement matter involving their home. CONSENT CALENDAR (Items 3-9) As noted under Postponements and Orders of the day, Item No. 7 was postponed to a date to be determined. Items Nos. 3 and 6 were removed from the Consent Calendar by Mayor Moore and Councilmember Mohan, respectively. Fruen requested Item No. 9 on the Consent Calendar to be voted on separately. Mayor Moore opened the public comment period for Item Nos. 4, 5, 8, and 9, and seeing no one, closed the public comment period. MOTION: Wang moved and Fruen seconded to approve Consent Calendar Item Nos. 4, 5 and 8. The motion passed with the following vote: Ayes: Moore, Chao, Fruen, Mohan, and Wang. Noes: None. Abstain: None. Absent: None. MOTION: Moore moved and Wang seconded to approve Consent Calendar Item No. 9. The motion failed (requires a two-thirds vote to pass) with the following vote: Ayes: Moore, Chao, City Council Minutes July 21, 2026 Page 4 and Wang. Noes: Fruen and Mohan. Abstain: None. Absent: None. At 7:36 p.m., Mayor Moore recessed the meeting. The meeting reconvened at 7:54 p.m. with all Councilmembers present. 4. Subject: Approval of July 7, 2026 City Council meeting minutes Recommended Action: Approve the July 7, 2026 City Council meeting minutes 5. Subject: Ratifying Accounts Payable for the periods ending June 5, 2026, and June 18, 2026 Recommended Action: A. Adopt Resolution No. 26-081 ratifying Accounts Payable for the Period ending June 5, 2026; and B. Adopt Resolution No. 26-082 ratifying Accounts Payable for the Period ending June 18, 2026 7. Subject: Adoption of Resolution No. 26-083 authorizing the City Manager to accept $850,000 in federal grant funds from the Community Project Funding Program, awarding a Design Professional Services Agreement to Biggs Cardosa Associates, Inc. for a total not to exceed amount of $1,278,700, for the McClellan Road Bridge Project, and authorizing City Manager to execute the agreement. Recommended Action: 1. Adopt Resolution No. 26-083 authorizing the City Manager to take all necessary steps to accept $850,000 in federal grant funds from the Community Project Funding Program for the McClellan Road Bridge Project; 2. Award a Design Professional Services Agreement to Biggs Cardosa Associates, Inc. for McClellan Road Bridge Project in a total not to exceed amount of $1,278,700; and 3. Authorize the City Manager to execute a Design Professional Services Agreement with Biggs Cardosa Associates, Inc. when all conditions have been met. As noted under Postponements and Orders of the Day, this item was postponed to a date to be determined. Written communications for this item included a supplemental report with staff answers to councilmember questions. 8. Subject: Approval of a Resolution submitting an Ordinance to the voters to amend the General Plan and add Title 21 to the Municipal Code to Require any Rezoning of Parks, Parklands, or Open Space to be Approved by Two-Thirds of Cupertino Voters, placing this Measure on the ballot for the November 3, 2026 General Municipal Election and consolidating it with the statewide election. Recommended Action: Adopt Resolution No. 26-84 submitting an Ordinance (ballot measure) to the voters to amend the General Plan and add Title 21 to the Municipal Code to require rezoning of parks, parklands, or open space to be approved by City Council Minutes July 21, 2026 Page 5 two-thirds of Cupertino voters, placing the measure on the November 3, 2026 General Municipal Election ballot, and consolidating it with the statewide election. 9. Subject: Approval of a Resolution submitting an Ordinance to the voters to Extend the Current Utility Users Tax and Telecommunications Tax by 10 Years after its Expiration Date, placing this Measure on the ballot for the November 3, 2026 General Municipal Election and consolidating it with the statewide election. Recommended Action: Adopt Resolution No. 26-085 submitting an Ordinance (measure) to the voters for extending the current Utility Users Tax and Telecommunications Tax by 10 years after its expiration date. Written communications for this item included a supplemental report with staff answers to councilmember questions. ORAL COMMUNICATIONS At 7:58 p.m. Mayor Moore reopened Oral Communications. Chuck Adamo, representing North Coast States Carpenters Union, discussed oversight for SB35 compliance of The Rise development project. Jaime Arteaga, representing North Coast States Carpenters Union, discussed prevailing wages, trained workforce and state labor standards regarding The Rise development project. Oscar Marzariegos, representing North Coast States Carpenters Union, discussed the contractors and builders of The Rise development project. Vijay R. discussed the wall at The Rise development project. PUBLIC HEARINGS 10. Subject: Public Hearing and approval of lien assessment and collection of fees on private parcels resulting from abatement of public nuisance (weeds and/or brush) for the annual Weed and Brush Abatement Programs Recommended Action: 1. Conduct a public hearing to consider objections from any property owners listed on the assessment report; and 2. Adopt Resolution No. 26-086 approving the lien assessment and collection of fees on private parcels for the annual Weed and Brush Abatement Programs. Written communications for this item included a staff presentation. City Clerk Lauren Sapudar gave a presentation, and County of Santa Clara Weed City Council Minutes July 21, 2026 Page 6 Abatement Manager Garik Iosilevsky, and Inspectors Danny Robles and Ismael Candelas were also present. Mayor Moore opened the public hearing and, seeing no one, closed the public hearing. MOTION: Mohan moved and Wang seconded the staff recommendation to: 1. Conduct a public hearing to consider objections from any property owners listed on the assessment report; and 2. Adopt Resolution No. 26-086 approving the lien assessment and collection of fees on private parcels for the annual Weed and Brush Abatement Programs. The motion passed with the following vote: Ayes: Moore, Chao, Fruen, Mohan, and Wang. Noes: None. Abstain: None. Absent: None. 11. Subject: Adoption of a Resolution Approving an Economic Development and Sales Tax Sharing Agreement with Insight Direct Worldwide, Inc. (Insight). Recommended Action: 1. Conduct a public hearing as required by Government Code Section 53083 for the proposed Economic Development Subsidy Report; 2. Adopt Resolution No. 26-087 (Attachment C) approving an Economic Development and Sales Tax Sharing Agreement by and between the City of Cupertino and Insight Direct Worldwide, Inc. and authorizing the City Manager to execute the agreement. Director of Finance Jonathan Orozco gave a verbal report. Anita Luck, Partner, Aleshire & Wynder; and Rachael Crump and Daniel Pottenger, Insight Direct Worldwide, Inc. were also present. Councilmembers asked questions and made comments. Mayor Moore opened the public hearing and, seeing no one, closed the public hearing. Councilmembers asked questions and made comments. MOTION: Fruen moved and Wang seconded the staff recommendation to: 1. Conduct a public hearing as required by Government Code Section 53083 for the proposed Economic Development Subsidy Report; and 2. Adopt Resolution No. 26-087 (Attachment C) approving an Economic Development and Sales Tax Sharing Agreement by and between the City of Cupertino and Insight Direct Worldwide, Inc. and authorizing the City Manager to execute the agreement. The motion passed with the following vote: Ayes: Moore, Chao, Fruen, Mohan, and Wang. Noes: None. Abstain: None. Absent: None. ACTION CALENDAR City Council Minutes July 21, 2026 Page 7 12. Subject: Review of attendance record and consideration of an attendance policy waiver for Library Commissioner Janki Chokshi. Recommended Action: Review the attendance record of Library Commissioner Janki Chokshi and determine whether to grant a waiver of the attendance policy, pursuant to the Commissioner’s Handbook, to retain Commissioner Chokshi on the Library Commission, or terminate the appointment. City Clerk Lauren Sapudar gave a verbal report. Councilmembers asked questions and made comments. Mayor Moore opened the public comment period and, seeing no one, closed the public comment period. Councilmembers asked questions and made comments. MOTION: Moore moved and Fruen seconded to grant an attendance policy waiver, allowing Commissioner Chokshi to remain on the Library Commission through her term ending January 30, 2027. The motion passed with the following vote: Ayes: Moore, Chao, Fruen, and Mohan. Noes: None. Abstain: Wang. Absent: None. 13. Subject: Amendments to the City’s Naming, Donation, and Sponsorship Policies Recommended Action: Adopt the following resolutions: 1. Resolution No. 26-088 Rescinding Resolution No. 17-103 and Adopting an Amended Naming of City Facilities Policy; 2. Resolution No. 26-089 Rescinding Resolution No. 17-102 and Adopting an Amended Policy for Accepting Donations; 3. Resolution No. 26-090 Rescinding Resolution No. 18-101 and Adopting an Amended Policy for Accepting Sponsorships. Written communications for this item included a staff presentation. Assistant to the City Manager Astrid Robles gave a presentation, and Deputy City Manager Kirsten Squarcia was also present. Councilmembers asked questions and made comments. Mayor Moore opened the public comment period, and the following members of the public spoke: City Council Minutes July 21, 2026 Page 8 Rhoda Fry San Rao (virtually) Jennifer Griffin (virtually) Councilmembers asked questions and made comments. Mayor Moore closed the public comment period. MOTION: Moore moved and Wang seconded to table the item and bring it back as a study session to include discussion of plaque size, a comparison of branding and logos with surrounding cities; and impose a moratorium on branding and labeling until further direction from Council. FRIENDLY AMENDMENT: Moore made a friendly amendment to also bring back the commemorative bench policy for clarification. (Wang accepted the friendly amendment). The motion passed with the following vote: Ayes: Moore, Chao, Mohan, and Wang. Noes: Fruen. Abstain: None. Absent: None. ITEMS REMOVED FROM THE CONSENT CALENDAR 3. Subject: Approval of a Final Map and the Subdivision Improvement Agreement for Phase 1 of The Rise Development Project; Acceptance of Public Street Dedications and Public Easements; and Abandonment of Unnecessary Public Easements (Tract No. 10706; Applicant: Vallco Property Owner LLC; Location: Formerly 10123 North Wolfe Road (APN: 316-20-121 & 316-20-122) Recommended Action: Adopt Resolution No. 26-080 (Attachment A): 1) Approving Final Map Tract No. 10706 and authorizing its recordation; 2) Accepting the public roadway dedication and public easements, and abandoning the unnecessary public easements, as shown on the Final Map; and 3) Authorizing the City Engineer to execute and record the Subdivision Improvement Agreement in substantially the form attached. As noted under the Consent Calendar, this item was removed from the Consent Calendar. Written communications for this item included emails to the Council. Director of Public Works Chad Mosely was present to answer questions. Councilmembers asked questions and made comments. City Council Minutes July 21, 2026 Page 9 Mayor Moore opened the public comment period and the following members of the public spoke: Jennifer Griffin (virtually) San Rao (virtually) Councilmembers asked questions and made comments. Mayor Moore closed the public comment period. MOTION: Wang moved and Mohan seconded the staff recommendation to: Adopt Resolution No. 26-080 (Attachment A): 1. Approving Final Map Tract No. 10706 and authorizing its recordation; 2. Accepting the public roadway dedication and public easements, and abandoning the unnecessary public easements, as shown on the Final Map; and 3. Authorizing the City Engineer to execute and record the Subdivision Improvement Agreement in substantially the form attached. The motion passed with the following vote: Ayes: Chao, Fruen, Mohan, and Wang. Noes: None. Abstain: Moore. Absent: None. 6. Subject: Approval of a Third Amendment to extend the term through October 31, 2026, of the Interim City Attorney Agreement for City Attorney services by and between the City of Cupertino and Aleshire & Wynder, LLP, with Floy Andrews as Interim City Attorney. Recommended Action: Approve the Third Amendment, extending the term through October 31, 2026, of the Interim City Attorney Agreement for City Attorney services with Aleshire & Wynder, LLP. As noted under the Consent Calendar, this item was removed from the Consent Calendar. Councilmembers asked questions and made comments. Interim City Attorney Floy Andrews recused herself from the discussion and left the dais. Mayor Moore opened the public comment period and the following members of the public spoke: Jennifer Griffin (virtually) Rhoda Fry City Council Minutes July 21, 2026 Page 10 Councilmembers asked questions and made comments. Mayor Moore closed the public comment period. MOTION: Chao moved and Moore seconded to approve the Third Amendment, extending the term through January 31, 2027, of the Interim City Attorney Agreement for City Attorney services with Aleshire & Wynder, LLP. The motion passed with the following vote: Ayes: Moore, Chao, Fruen, Mohan, and Wang. Noes: None. Abstain: None. Absent: None. Interim City Attorney Floy Andrews returned to the dais following the vote. CITY MANAGER REPORT 14. Subject: City Manager Report Written communications for this item included a supplemental report and Attachment B – Updated 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 16. Subject: Upcoming Draft Agenda Items Report ADJOURNMENT Mayor Moore adjourned in memory of United States Air Force Major Robert “Bolton” Dee. At 9:51 p.m., Mayor Kitty Moore adjourned the Regular City Council Meeting. City Council Minutes July 21, 2026 Page 11 Minutes prepared by: ________________________________ Lauren Sapudar, City Clerk