HomeMy WebLinkAboutCC 09-15-2026
APPROVED MINUTES
CUPERTINO CITY COUNCIL
Tuesday, September 15, 2026
At 5:35 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 (arrived at 5:41 p.m.) and
Councilmembers J.R. Fruen, Sheila Mohan, and R “Ray” Wang.
In open session prior to closed session, Mayor Moore opened the public comment period
regarding any closed session items on the agenda and the following members of the public
spoke.
Santosh Rao (Item 2)
Mayor Moore closed the public comment period.
At 5:41 p.m. Vice Mayor Chao arrived at the meeting.
CLOSED SESSION
1. Subject: CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
(California Government Code Sections 54954.5 and 54956.9)
Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: (1
potential case)
Council met with legal counsel on the anticipated litigation.
2. Subject: CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(California Government Code Sections 54954.5 and 54956.8)
1. Property: 10480 Finch Avenue, Cupertino, CA
2. Agency Negotiators: Tina Kapoor, City Manager and Floy Andrews, Interim City
Attorney
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3. Negotiating Parties: City of Cupertino and Cupertino Union School District
4. Under Negotiation: Price and terms of payment
At 6:19 p.m., Mayor Moore recused herself from this item and Vice Mayor Chao resumed
chairing the meeting.
Council met with real property negotiators.
RECESS
At 6:28 p.m., Vice Mayor Chao recessed the meeting.
OPEN SESSION
At 6:47 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
Interim City Attorney Floy Andrews announced that no reportable action was taken during
the closed session held at 5:30 p.m. on September 15, 2026.
CEREMONIAL ITEMS
3. Subject: Recognition of Cupertino High School students on their achievements in the
2026 Future Business Leaders of America (FBLA) National Leadership Conference.
Recommended Action: Present Certificates Recognizing Cupertino High School
students on their achievements in the 2026 Future Business Leaders of America (FBLA)
National Leadership Conference.
Mayor Moore presented Certificates recognizing Cupertino High School students
on their achievements in the 2026 Future Business Leaders of America (FBLA) National
Leadership Conference.
POSTPONEMENTS AND ORDERS OF THE DAY
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4. Subject: Introduction of an Ordinance Amending Cupertino Municipal Code Chapter
19.08 (Definitions) to revise definitions of “attic” and “garages” and establish a new
definition of “square footage” to align with state law, and associated Environmental
Review. (Applicant: City of Cupertino; Location: City-wide) (Postponed to October 6,
2026)
Recommended Action: Continue this item to October 6, 2026.
MOTION: Fruen moved and Wang seconded to postpone Item No. 4 to October 6, 2026.
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:
O. Peper discussed the BMR application deadline.
Edward Hirshfield discussed Cupertino’s cultural center development and facilities.
Mark Fantozzi discussed statements made by a commissioner and disputed the statements.
Minna Xu and Shannon Bee discussed political signs and public safety.
Steven Scharf discussed political signs and crime.
Rhoda Fry discussed the upcoming council candidate forum at Quinlan Community Center
and political signs.
Jennifer Griffin (virtually) discussed the Coach House housing development project and retail
preservation.
Michael Wang (virtually) discussed political signs.
CONSENT CALENDAR (Items 5-13)
Mayor Moore opened the public comment period and, seeing no one, closed the public
comment period.
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MOTION: Wang moved and Mohan seconded to approve Consent Calendar Item Nos. 5-13.
The motion passed with the following vote: Ayes: Moore, Chao, Fruen, Mohan, and Wang.
Noes: None. Abstain: None. Absent: None.
5. Subject: Approval of September 1, 2026 City Council Regular Meeting Minutes.
Recommended Action: Approve the September 1, 2026 City Council Regular Meeting
Minutes.
6. Subject: Approval of September 1, 2026 City Council Special Meeting Closed Session
Minutes.
Recommended Action: Approve the September 1, 2026 City Council Special Meeting
Closed Session Minutes.
7. Subject: Ratifying Accounts Payable for the periods ending July 3, 2026, July 17, 2026,
and July 31, 2026
Recommended Action: A. Adopt Resolution No. 26-093 ratifying Accounts Payable for
the Period ending July 3, 2026;
B. Adopt Resolution No. 26-094 ratifying Accounts Payable for the Period ending July
17, 2026; and
C. Adopt Resolution No. 26-095 ratifying Accounts Payable for the Period ending July
31, 2026.
Written communications for this item included a desk item containing Attachment G,
Corrected AP Payment Register for the Period Ending July 3, 2026, and Attachment H,
Corrected AP Payment Register for the Period Ending July 17, 2026.
8. Subject: Ratifying Accounts Payable for the periods ending August 14, 2026, and
August 28, 2026
Recommended Action: A. Adopt Resolution No. 26-096 ratifying Accounts Payable for
the Period ending August 14, 2026; and
B. Adopt Resolution No. 26-097 ratifying Accounts Payable for the Period ending
August 28, 2026.
9. Subject: Second reading and enactment of an ordinance amending Municipal Code
Chapter 2.88 Audit Committee Duties, Powers, and Responsibilities and Related
Municipal Code Updates
Recommended Action: Conduct the second reading and enact 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:
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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.”
3. 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.”
4. Update Section 2.88.110 referencing Director of Administrative Services to Director
of Finance
10. Subject: Receipt of Grants Management Internal Controls Review Final Report
Recommended Action: Receive the Grants Management Internal Controls Review
Final Report
11. Subject: Adoption of the Artificial Intelligence (AI) City Council Policy
Recommended Action: Adopt Resolution No. 26-098 adopting the Artificial
Intelligence (AI) City Council Policy
12. Subject: Appointment of Mayor Kitty Moore and Councilmember R “Ray” Wang to an
ad-hoc Council subcommittee to serve on a committee to evaluate proposals for the
City Lobbyist for the 2027-2028 legislative session.
Recommended Action: Approve the appointment of Mayor Kitty Moore and
Councilmember R “Ray” Wang to an ad-hoc Council subcommittee to serve on a
committee to evaluate proposals for the City Lobbyist for the 2027-2028 legislative
session.
13. Subject: Approval of response to the 2025-2026 Civil Grand Jury of Santa Clara County
Report entitled Pothole Damage: Improving claims processes within Santa Clara
County (“Civil Grand Jury Report”)
Recommended Action: Approve the City of Cupertino’s response to that Civil Grand
Jury Report.
PUBLIC HEARINGS – None
ACTION CALENDAR
14. Subject: Law Enforcement Services Agreement with the County of Santa Clara.
Recommended Action: Receive an update regarding the City's law enforcement
services agreement with the County of Santa Clara, discuss the findings of the City's
independent financial review, receive a proposed draft long-term agreement from the
County of Santa Clara, and provide direction to staff as appropriate.
Written communications for this item included a desk item containing Attachment E,
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September 10, 2026, Letter from Sheriff Jonsen; Attachment F, Draft Resolution
Authorizing the City Manager to Execute a Law Enforcement Services Agreement with
the County of Santa Clara; and a staff presentation.
Director of Finance Jonathan Orozco gave a presentation, and Senior Assistant City
Attorney Michael Woo was also present.
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 Wang seconded the staff recommendation as amended,
to:
1. Authorize the City Manager to negotiate and execute a long-term agreement for law
enforcement services, with terms preserving the City’s rights under California
Government Code Section 51350 to ensure appropriate costs to the City. Further
authorize the City Manager to make reasonable efforts to address the service gap
between October 1 and the anticipated October 6 Board of Supervisors action on the
contract.; and
2. Adopt desk item Resolution No. 26-100 Authorizing the City Manager to Execute a
Law Enforcement Services Agreement with the County of Santa Clara and
Expressly Reserving the City's Rights Regarding the County's Cost Allocation
Methodology.
The amended motion passed with the following vote: Ayes: Moore, Chao, Fruen,
Mohan, and Wang. Noes: None. Abstain: None. Absent: None.
At 7:54 p.m., Mayor Moore recessed the meeting. The meeting reconvened at 8:02 p.m. with all
Councilmembers present.
15. Subject: Receipt of City Council Policy Review Final Report and Internal Auditor
Recommendations for Council Policy Updates
Recommended Action: Receive the City Council Policy Review Final Report and
provide direction on the recommendations.
Director of Finance Jonathan Orozco introduced the item, and Baker Tilly Managing
Principal Colleen Rozillis and Baker Tilly Director Annie Rose Faber presented the item.
Councilmembers asked questions and made comments.
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Mayor Moore opened the public comment period and, seeing no one, closed the public
comment period.
Councilmembers asked questions and made comments.
MOTION: Fruen moved and Moore seconded the staff recommendation as amended,
to:
1. Receive the City Council Policy Review Final Report; and
2. Add the recommendations in the report including the recommendations from the
Audit Committee for staff to bring back through the City Work Program for
consideration in the New Year; and
3. That no further work by the Internal Auditor be conducted.
The amended motion passed with the following vote: Ayes: Moore, Chao, Fruen,
Mohan, and Wang. Noes: None. Abstain: None. Absent: None.
16. Subject: Acceptance of FY 2026-27 Internal Audit Work Program; Fourth Amendment
to agreement with Baker Tilly; and, if approved, related budget modification
Recommended Action: 1. Accept the FY 2026-27 Internal Audit Work Program;
2. If accepted, authorize the City Manager to execute a Fourth Amendment with Baker
Tilly to extend the agreement through June 30, 2027; and
3. Adopt Resolution No. 26-099 approving Budget Modification No. 2627-449,
increasing appropriations, as necessary to fund the accepted FY 2026-27 Internal Audit
Work Program, by an amount to be determined by the City Council.
Written communications for this item included a presentation by Baker Tilly.
Director of Finance Jonathan Orozco introduced the item, and Acting Finance Manager
Richard Wong and Baker Tilly Director Chelsea Ritchie presented the item.
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: Mohan moved and Moore seconded the staff recommendation as amended,
to:
1. Accept the FY 2026-27 Internal Audit Work Program with the following projects:
• Approve the required projects of $30,000 (Recommendation Validations
and Program Management), and
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• Approve the first two items in tier one (Code Enforcement – 311
Response Time Review and Permitting Efficiency Study); and
2. Authorize the City Manager to execute a Fourth Amendment with Baker Tilly to
extend the agreement through June 30, 2027; and
3. Adopt Resolution No. 26-099 approving Budget Modification No. 2627-449,
increasing appropriations, as necessary to fund the accepted FY 2026-27 Internal
Audit Work Program, which includes an additional $5,000.
The amended 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
17. 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
18. Subject: Councilmember Reports
Councilmembers included reports on their various committees and events as provided
in the published agenda.
FUTURE AGENDA ITEMS
19. Subject: Upcoming Draft Agenda Items Report
A tentative Council meeting agenda calendar was provided in the published agenda.
ADJOURNMENT
At 9:10 p.m., Mayor Kitty Moore adjourned the Regular City Council Meeting.
City Council Minutes September 15, 2026
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Minutes prepared by:
__________________________
Lauren Sapudar, City Clerk