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HomeMy WebLinkAboutCC 09-01-2026 APPROVED MINUTES CUPERTINO CITY COUNCIL Tuesday, September 1, 2026 CALL TO ORDER At 6:47 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. ROLL CALL Present: Mayor Kitty Moore, Vice Mayor Liang Chao (arrived at 6:56 p.m.) and Councilmembers J.R. Fruen, Sheila Mohan, and R “Ray” Wang. CLOSED SESSION REPORT Interim City Attorney Floy Andrews announced that no reportable action was taken during the closed session held on August 11, 2026, nor during the closed session held at 5:30 p.m. on September 1, 2026. CEREMONIAL ITEMS 1. Subject: Recognition of Bertha Smith on the occasion of her 100th birthday. Recommended Action: Present certificate of recognition to Bertha Smith on the occasion of her 100th birthday. Mayor Moore presented the certificate of recognition to Bertha Smith on the occasion of their 100th birthday. 2. Subject: Recognize September as National Preparedness Month. Recommended Action: Present proclamation to Collaborating Agencies' Disaster Relief Effort (CADRE) in conjunction with the recognition of September as National Preparedness Month. Antonia Bradford, Volunteer Engagement Coordinator with CADRE, received the City Council Minutes September 1, 2026 Page 2 proclamation and provided comments. Mayor Moore presented the proclamation to CADRE in conjunction with the recognition of September as National Preparedness Month. 3. Subject: Recognition of September 15-October 15 as National Hispanic Heritage Month. Recommended Action: Recognize September 15-October 15 as National Hispanic Heritage Month. Mayor Moore verbally recognized September 15-October 15 as National Hispanic Heritage Month. 4. Subject: Recognition of Innovation & Technology Department (Applications, GIS, Infrastructure, Multimedia, and Administration Divisions). Recommended Action: Recognize Innovation & Technology Department (Applications, GIS, Infrastructure, Multimedia, and Administration Divisions). Mayor Moore presented the proclamation to Chief Technology Officer Teri Gerhardt and staff recognizing the Innovation & Technology Department. POSTPONEMENTS AND ORDERS OF THE DAY MOTION: Moore moved and Fruen seconded to table Consent Calendar Item No. 11. 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: Pamela Hershey discussed political signs. Peggy Griffin discussed candidate control committees of council candidates and discussed political signs on behalf of Rhoda Fry. Ivy Zan discussed water conservation and irrigation. Sam Ledar discussed traffic study findings in Cupertino. City Council Minutes September 1, 2026 Page 3 Minna discussed political signs. Advait Ghosh discussed support for AB 1924. Vijay Sumal discussed a flock camera on Mira Vista Road. J.Z. Wang discussed community involvement, homelessness, and commercial and residential vacancies. Muni Madhdhipatla (virtually) discussed political signs. Jennifer Griffin (virtually) discussed The Regional Housing Needs Allocation (RHNA) statistics, and traffic accidents on Highway 17 and Highway 1. CONSENT CALENDAR (Items 5-11) As noted under Postponements and Orders of the Day, Item No. 11 was tabled. Mayor Moore opened the public comment period and, seeing no one, closed the public comment period. MOTION: Fruen moved and Wang seconded to approve Consent Calendar Item Nos. 5-10. The motion passed with the following vote: Ayes: Moore, Chao, Fruen, Mohan, and Wang. Noes: None. Abstain: None. Absent: None. 5. Subject: Approval of July 21, 2026 City Council meeting minutes Recommended Action: Approve the July 21, 2026 City Council meeting minutes 6. Subject: Approval of August 11, 2026 City Council meeting minutes. Recommended Action: Approve the August 11, 2026 City Council meeting minutes. 7. Subject: Receipt of Monthly Treasurer's Investment Report for July 2026. Recommended Action: Receive the Monthly Treasurer's Investment Report for July 2026. 8. Subject: Receipt of Monthly Treasurer's Report for July 2026. Recommended Action: Receive the Monthly Treasurer's Report for July 2026. 9. Subject: Acceptance of Annual Evaluation Report on the Federal Emergency Management Agency (FEMA) Community Rating System’s (CRS) Program for Public Information. City Council Minutes September 1, 2026 Page 4 Recommended Action: Adopt Resolution No. 26-091 Accepting the Annual Evaluation Report for Fiscal Year 2026 (Year 5) of the 2021 Santa Clara County Multi-Jurisdictional Program for Public Information. 10. Subject: Resolution amending the City of Cupertino Conflict of Interest Code for officials and designated employees; Amended 2026 Local Agency Biennial Notice Recommended Action: 1.) Adopt Resolution No. 26-092 rescinding Resolution No. 24-099 and amending the City of Cupertino Conflict of Interest Code for officials and designated employees; and 2.) Authorize the City Manager to sign the amended 2026 Local Agency Biennial Notice Written communications for this item included emails to Council, a supplemental report containing a draft resolution, clean and redlined versions of both Attachments E and F, and a desk item. 11. Subject: Acceptance of Legislative Review Committee (LRC) recommendation supporting Senate Bill 922 (Laird) Vehicles: Local Agency Charges: Use of Streets or Highways; Authorization for Mayor to send letters to the State Legislature. Recommended Action: Adopt support position on Senate Bill 922 (Laird) Vehicles: Local Agency Charges: Use of Streets or Highways and authorize the Mayor to send letters to the State Legislature. Written communications for this item included emails to Council. As noted under Postponements and Orders of the Day, this item was tabled. PUBLIC HEARINGS – None ACTION CALENDAR 12. Subject: Introduction of an ordinance amending Municipal Code Chapter 2.88 Audit Committee Duties, Powers, and Responsibilities and Related Municipal Code Updates Recommended Action: Introduce and conduct the first reading of Ordinance No. 26-2285 "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING MUNICIPAL CODE CHAPTER 2.88 TO RENAME THE AUDIT COMMITTEE AS THE AUDIT AND FINANCE COMMITTEE, UPDATE ITS DUTIES, POWERS, AND RESPONSIBILITIES, AND UPDATE THE DIRECTOR OF FINANCE TITLE" to: 1. Rename the Audit Committee as the "Audit and Finance Committee"; 2. Modify Section 2.88.100(g) to read: “To review the City’s internal controls and internal audit reports.” City Council Minutes September 1, 2026 Page 5 3. Add Section 2.88.100(i): “To review the use of artificial intelligence in the City’s financial reporting, internal controls over financial reporting, risk management, and compliance.” 4. Update Section 2.88.110 referencing Director of Administrative Services to Director of Finance Written communications for this item included emails to Council and staff presentation. Director of Finance Jonathan Orozco gave a presentation. Councilmembers asked questions and made comments. Mayor Moore opened the public comment period and the following members of the public spoke: Jennifer Griffin (virtually) Mayor Moore closed the public comment period. Councilmembers asked questions and made comments. MOTION: Wang moved and Fruen seconded the staff recommendation as amended to: Introduce and conduct the first reading of Ordinance No. 26-2285 "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING MUNICIPAL CODE CHAPTER 2.88 TO RENAME THE AUDIT COMMITTEE AS THE AUDIT AND FINANCE COMMITTEE, UPDATE ITS DUTIES, POWERS, AND RESPONSIBILITIES, AND UPDATE THE DIRECTOR OF FINANCE TITLE" to: 1. Rename the Audit Committee as the "Audit and Finance Committee"; and 2. Modify Section 2.88.100(g) to read: “To review the City’s internal controls and internal audit reports”; and 3. As amended, add Section 2.88.100(i): “To review the use of emerging technologies such as artificial intelligence in the City’s financial reporting, internal controls over financial reporting, risk management, and compliance; “and 4. Update Section 2.88.110 referencing Director of Administrative Services to Director of Finance. The amended motion passed with the following vote: Ayes: Moore, Chao, Fruen, Mohan and Wang. Noes: None. Abstain: None. Absent: None. Wang and Moore requested a Future Agenda Item to consider transitioning the Audit and Finance Committee toward a more forward-looking approach and referring the item to the Committee to develop a proposed model. City Council Minutes September 1, 2026 Page 6 13. Subject: Consider approval of response to the 2025-2026 Civil Grand Jury of Santa Clara County Report entitled VTA’s Management and Oversight of BART Silicon Valley Phase II (“Civil Grand Jury Report”) Recommended Action: Review, discuss and approve the City of Cupertino’s response to that Civil Grand Jury Report. Written communications for this item included a 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: Jennifer Griffin (virtually) Mayor Moore closed the public comment period. Councilmembers asked questions and made comments. MOTION: Fruen moved and Mohan seconded the staff recommendation to approve the City of Cupertino’s response to that Civil Grand Jury Report. The motion passed with the following vote: Ayes: Moore, Chao, Fruen, Mohan, and Wang. Noes: None. Abstain: None. Absent: None. ITEMS REMOVED FROM THE CONSENT CALENDAR - 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 City Council Minutes September 1, 2026 Page 7 15. Subject: Councilmember Reports Councilmembers included reports on their various committees and events as provided in the published agenda. FUTURE AGENDA ITEMS As noted under Item 12, the following Future Agenda Item was added: • To consider transitioning the Audit and Finance Committee toward a more forward- looking approach and referring the item to the Committee to develop a proposed model. (Wang, Moore) 16. Subject: Upcoming Draft Agenda Items Report A tentative Council meeting agenda calendar was provided in the published agenda. ADJOURNMENT At 8:38 p.m., Mayor Kitty Moore adjourned the Regular City Council Meeting. Minutes prepared by: ___ Lauren Sapudar, City Clerk