Written Communications (Updated 06-09-2022) — Cupertino City Council, June 7, 2022 (part 1 of 2)

CC 06-07-2022
Oral Communications
Written Communications
From: Kirsten Squarcia
To: Lauren Sapudar
Subject: FW: Cupertino PUBLIC COMMENT - Comments Santa Clara County Agenda Item #29 Lehigh Date: Tuesday, June 7, 2022 8:16:05 PM
Attachments: 2022-6-6 BOS LEHIGH VIOLATIONS COMMENTS.pdf labor safety NEW.PDF
2013 Lehigh Fire - reduced file size.pdf
Hernandez - lists criminal counts.pdf
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Kirsten Squarcia
City Clerk
City Manager's Office
[email protected]
(408) 777-3225
From: Rhoda Fry <[email protected]>
Sent: Monday, June 6, 2022 5:27 PM
To: Cupertino City Manager's Office <[email protected]>; City Council <[email protected]>; City Clerk <[email protected]> Subject: Cupertino PUBLIC COMMENT - Comments Santa Clara County Agenda Item #29 Lehigh CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Dear City Council,
On June 7, Lehigh will be on the Santa Clara County Board of Supervisors meeting Agenda Item #29.

Attached are my comments and supporting files.

Regards,
Rhoda Fry

MM DD YYYY I
Lapo80 .I |9J LulLalL2Q.13l |±9L 113-0270009 lLJPPJ Echange FD|D * State* Incident Date * Station Incident Number * Exposure * HNo a Location*
E
I
I
I
I
Street addrega
Intersection
In front of
Rear of
Adjacent to
EDirections
EMedule ln Section a nA1[eraacive Locacion Specification". Use only for Wildland fire8 I 24o01| LJ STEVENS CREEK
Number/Milepost Pref ix Street or Highway
I_I

CUPERTINO
Apt./Suite/Room C`ity
I _ I-LJ

IBL I LJ
Street Type Su€fix
l£±Jl95ol4 I-I I
State Zip Code
C Incident Tape *
Of f -road vehicle or heavy
Incident Type
D
Aid Given or Received*
1 EHutual aid received
2 EAutonatic aid recv.
3 Emutual aid given
4 HAutonatic aid given
5 Eother aid given
N EE]None
LILJ
Their FI)ID Their
State
11 The i r
Incident Number
EI Date a Times rfudnight is oooo
check bc»ces if Month Day Year Hr Hip see
8:::T=a:rfi:E: ALAIM always required Date. A|am* LQ±] |j]j I 2013||05:42i:15| ARRIVAI, required, unless canceled or did not arrive
E Arrival* |J±| L2JJ| 2013|!05:54:24!
CONTROLLED Optional, Except for wildland f ires
Econtro]]ed LL LL L__ I, ,
LasT UNIT CLEARED, required except for wildland fires
E I:::a:n=t LP±| L£ZJ |L£±±||_±7:50:54__I
E2 Shit t a Alarms
Local Option
EL LqlcT¥ I
Shift or Alarms District
Platoon
E3
Special Studies
Local Option L-LSpecial
Study ID# §:::;ataiue
F Actions Taken*
lLLl Extinguishment by f ire
Lu Incident command
E] EE , Provide f ire
Completed Modules
EFire-2 I
I
I
I
I
I
S t rue ture - 3
Civil Fire Gas.-4
Fire Serv. Gag.-5
EKS - 6
HazMat-7
Wildland Fire-8
EE]APparatus-9
EE]Persormel-|o
EE]Arson-11
GI Resources *
E
Apparatus Personnel
Suppression I OolQ.I I 0032| EmsL--
other L J L i
H1*CagualtiegENone
Deaths Injuries
::::ice L- Lcivi|ianL|L I
H2 Detector
Required for Confined Fires.
1 EDetector alert.ed occupants
2EDetector did not alert then
u I uninoun
I Property use* Structures
131 Hchurcb, place of worsbip
161 I Restaurant or cafeteria
162 |Bar/Tavern or nightclub
213 HElementary school or kindergarten
215 EHigh school or junior high
241 HCollege, adult education
311 Hcare facility for the aged
331 HHospical
Outside
124 Eplayground or park
655 Ecrops or orchard
669 HForegt (timberland)
807 HOutdoor storage area
919 EDump or Sanitary landfill
931 EOpen land or field
Fire Department
G2 Estimated Dollar Losses a Values
LOSSES: Required for all fires if known. Optional
for non fires. None
propertys| oo?1,I oQQL| ooo| I
contentssL I,I ooo|,I OOQJ E
PRE-INCIDENT VAI.UE: optional
property s|_. .J'|. OOQ_I,L. ooo| I
contents sL J'L_ ooo_I,L OOQ.I E
3 Hazardous Materials Release I
I
None
Natural Gas : Blow leak, ao ovauation oz. Hazmt acciofie Hpropane gas: <2i ii]. tanic (aB ia hone BBQ grill) I
I
Gasoline : vohlcle fuel canlc or pogtal.l® concaia®r
Kerosene : fuel burning equipment or portable 8torago
EDiegel fuel/fuel Oil:vehicle fuel tank or portable I
I
I
I
HOusehold SOIventg : hone/o££ice 8pill, cleanup ol`1y
Motor Oil : £ron engine o= portable contaiaor
Paint: £ron paiac cane totaling < 55 9allonB
Other: Special Eazllat actioaB r®q`iirod or apill > 55g®1., 341 I clinic,clinic type infirmary
342EDoctor/dentist office
361Hprison or jail, not juvenile
419H 1-or 2-family dwelling
42 9 I Multi-family dwelling
43 9 I Roaming/boarding house
449HCormercial hotel or motel
459EResidential, board and care
4 6 4 I Dor.mitory/barracks
519D Food and beverage sales
936 Evacant lot
938 EGraded/care for plot of land
946 EI-ake, river, Stream
951 HRailroad right of way
960 Hother street
961 HHighway/divided bighway
962 HResidential street/driveway
I Mixed Use Property
Not Mixed
Asseul3ly use
Education use
Medical use
Residential use
Row of stores
Enclosed mall
Bus. a Residential
of I ice use
Industrial use
Military use
Farm use
other mixed use
539 I Household goods,sales,repairs
579 I Motor vehicle/boat Bales/repair
571 I Gas or service station
599 I Bugilless office
615 I Electric generating plant
629 I I.aboratory/science lab
700 I Manufacturing plant
819 HI]ivegtock/poultry storage (barn)
882 I Non-residential parking garage
891 I Warehouse
981 I Construction site
984 I Industrial plant yard
;g:k:gv:nsosn:a:cfe:r:p3=53e¥:; 8ggeb8£+y i f
Propertyuse |679 I
Mine, quarry
NFIRS-1 sion 03
01/27/2013 13-0270009
KI Person/Entity Involved
I.ocal option
[1

LEHIGH SOUTHWEST CEMENT COMPANY
Mr.,Ms., Mrs. First Name
124001 I LJ STEVENS CREEK
SABAWI
|408 I-|996 I-|4231 I
Area Code Phone Number
11 CUPERTINO
LJ
Suffix
lBL I LJ
Street Type Suffix
Apt./Suite/Room city
LEal i95Oi4 I_, I
State zip C.ode
More people involved? Check this box and attach Supplemental Forms (NFIRS-1S) as flecegBary K2 0uner I i;:: :£e:;r:3:§±3;V:1::a?skip
The rest o£ Chi§ section.

Local Option
11 LEHIGH SOUTHWEST CEMENT COMPANY

CEMENT GROUP
Mr.,Ms., Mrs. First Name
124001 I LJ STEVENS CREEK

HEIDELBERG
|408 I-|996 I-|4231 I
Area Code Phone Number
Post Of i ice Box
LEI |95oi4 ,_, ,
State zip Code
Apt . /Suite/Room

L- CUPERTINO
LJ
Suffix
lBL I LJ
Street Type Suffix
L Remarks
I.ocal option

1. Engine 16, Rescue 14, and Battalion 14 responded to report of a possible vegetation fire in the hills near Freeway 280. Additional information from County Communications indicated an updated location at the Lehigh Cement Quarry. Battalion 14 upgraded the response to a structure response, causing Engine 7 to be attached to the call.

2. Engine 16 and Battalion 14 arrived on scene concurrently at the security gate of the Lehigh Cement Plant. They were met by an escort car, who escorted both units to the fire scene approximately 2 miles uphill from the gate. Battalion 14 established Lehigh Incident Command, and Engine 16 crew arrived to f ind a row of very large dump trucks parked side-by-side with 4 vehicles fully involved with f ire and two trucks being threatened by f ire .

3. Engine 16 crew was assigned Fire Attack and deployed two 2.5" hoseline's to the fire.

Rescue 14 crew was assigned Water Supply and their personnel evaluated the water sources on scene, which consisted of water storage tanks and water tenders. Incident Command requested two additional fire engines.

Engine 7 crew arrived and was assigned to Fire Attack. Battalion 2, Engine 1, and Engine 2 arrived. Battalion 2 was assigned Safety Officer and both Engine 1 and Engine 2 crews were assigned to Water Supply. These units provided their tank water and provided water shuttle operat ions .
in agency representative from Lehigh provided a driver who was able to move the two trucks being threatened by fire. The two outside trucks were moved to a safe location. A continuous water supply was established with Engine 1 and Engine 2's water tanks, drafting L Authorization
116475 J
Off icer in charge ID
=:fDEE= -_ I
as of I icer Member making report |D
in change.

Salazar, Richard
Signature
Mayf ield, David
lBC I lE16 I L£±] |±±J| 2013|
Position or ranlc Assignment Month Day Year
|c I |E16 |LHLE| 2013|
Position or rank Assignment Month Day Year
43080 01/27/2013 13-0270009
MM DD YYYY CompleteNarrative
I 43080 I |£±J |LJ L2|J I 2013 I I Ilo I I 13-0270009 I I ooo I FDID * State * Incident Date * Station Incident Number * Exposiire * Narrative :

3. Engine 16 crew was assigned Fire Attack and deployed two 2.5" hoseline's to the fire.

An agency representative f ron Lehigh provided a driver who was able to move the two trucks being threatened by fire. The two outside trucks were moved to a safe location. A continuous water supply was established with Engine 1 and Engine 2's water tanks, drafting by Rescue 14 crew from a stationary tank, and from water pumped into Engine 16's tank overflow box by two water tenders provided by Lehigh Cement Plant.

We found fuel and hydraulic fluid leaking from all of the burning trucks. A representative from Lehigh Cement was able to use a bulldozer to build a dike around the leaking f luids for containment. The fire was brought under control approximately an hour and forty minutes after Engine 16's crew arrived.

Investigator Davis arrived later and started investigating the cause and origin of the fires.

Pacif ic Gas and Electric was initially notif led and responded to the front gate of the complex, but they were canceled by the facility's representative because the power lines in question are on private property and maintained by Lehigh Cement Plant employees.

4. Multiple representatives from Lehigh Cement Plant were present throughout the event to assist fire department personnel. The City Manager of Cupertino also was notified.

Other three involved vehicle's information:
#2 . Caterpillar, Model 777C, VIN: 4X.00525, year is 2000. #3 . Caterpillar, Model 777D, VIN: AGC00478, year is 2001 #4 . Caterpillar, Model 777D, BIN: AGC2531, year is 2006 43080 01/27/2013
A i43o8o I lad iE]ij2HJ¥±] Lpei ii3-o27ooog I Ljpp] E]::::::

FDID * State* |nc.ident Date * Station Incident Number * Exposure * ENO Activity a Property Details
81 I I ENotReBidential
Estimated Number of residential. living units in
building of origin whether or not al.i units
became involved
82 I__ I EBuildings not involved
Number of buildings involved
83 I__ I ENone
Acres burned
(outside f ires) EIIess than one acre
C on-Si te Material g E None ::gp:::eoifc:::::a;:I:.:Z¥s:i!:ifj::::gy cir or p roduc t 8 ;!:;:::;:I:£e€;::u::Sn:: :£:;r£:::in:n|:3:I ved Enter up to three codes. Check one
or more boxes for each code entered.

Construction
11 TIIIII±
Bulk Storage or warehouging
ProceEIging or manufacturiag
Packaged goods for sale
Repair or service
Bulk Storage or warehou8ing
ProceEIging or manufacturing
Packaged goods for Bale
Repair or service
Bulk Eltorage or warehouBing
Processing or manufacturing
Packaged 9ood8 for gale
Repair or service
Cause of
D Ignition
D1!83 I Engine area, rurming
Area of I ire origin *
D2 Ezu Undetermined
Heat source *
D3EJ
Item f irgt
D4!1
Undetermined
ignited * 1 E:::a:a:::a:: ::I:b;:::a
Type of material
F] Equipment Involved In Ignition
RlNone 1£ Equipmeat wag Dot involved,Skip to
Section a
!NEN_J
Hi Mobile Property Involved
I None
1 ENoC iavolved ia igaition, but burned
2 Hlnvolved ia lgnitioh, but did not bum
3 E Involved in igrnitloa aad burned
Ecbock box if Chi8 i8 an oxpogure report.

Skip to Sect.ion a
1 EInteatioaal
2E
3 EFailure of equipmeDc or heat source
4 EJlct of nature
5 EcauBe under investigation
Cause undetemlned af tor inveBtigatlon
Factors Contributing To Ignition
EL
F2 Equipment power
L-I_ I
Equipment Power Source
F3 Equipment Portability
1 EPortable
2 Hstationary
Portable equipment normally can be
moved by one person, is designed t
be use in multiple locations, and
requires no tools to install.

E3:=i::::::gTo Ignition
Check all applicable boxes
1 EAsleep ENone
2 EPos8ibly impaired by
alcohol or drugs
3 Eonatcended person
4 EPos8ibly mental disabled
5 Ephy8lcally I)i8abled
6 HMultiple persoas involved
7 HAge was a fact.or
::::Tnt::v:::.:f LL
1 EMale 2 EFemale
a Fire suppression Factors
Enter up to three codes. HNone
I___ I
HllllE
I_J
H2 Mobile Property Type a Make
|£PJ !Industrial, constr. , i
Mobile property type
EH Caterpillar
6HK00157
Local Use
Epre-Fire Plan Available
Scare of t.he izif ozmat.ion pre8encod in
this report, nay be baBod upon reports
I roe other AgencleB
HArson report attached
HPolice report attacbed I Coroner report attached
DOcher reports attached
lJFIRS-2 Revision 01/19/99
43080 01/27/2013
A ,ro|D43o*8o , ±* L±-E*, yy2YOY13 , ,stab:?n , ,|nc:a:n-toN2:3roo*9 , ,Exposuor:oi E]:::::: Ap:a:r:a:tru:Se:or a Apparatus or * I)ate and Times Sent Number Use Actions Taken Resource Check if same as alarm date E
o£* Check ONE box for eachapparatusCoindicate
Month I)ay Year Hour Min People its main use at theincident.

E ID1872 I
Dispatch EE|L||jz||J4±2| 106:25 I
E LJ Esuppregsion LHLJ
Txpe L22J
Arrival ill|L||iz|||£±2| 106:25 I HEMS LJLJ clear EELjL4L±,o7:13 , Eother E] ID1874 I
' =.= t;' ' , `
E L| illsuppression LqLJ
Type EL
Arrival EE[L[,jz,|j4±2L ,05:54 ,
clear EE|LjL4,,±±±] ,17:o5 ,
EEMS LJLJ Eother
E ID|DTlrv I Dispatch En|L||j]||j4±2j 108:051
E L| Esuppregs±on Lil LJ
Type EL
Arrival m|+||±Z||J4±±| 108:43 I HEMS LJLJ clear ELjL4,L±,17:14 , Eother E IDIE71 I
Dispatch rm|+||jz||±±2j lo6:o31
E L| ESuppresBion Lzfl LJ
Type Lfl
Arrival EE|L| 27|+4±2| 106:Ill EEMS LJLJ clear EgLJLflL-1o8:581 Eother E II)E721 Dispatch RI |L||JZ||J4±!j 106:051
E LH illsuppresgion LJ4 LJ
Type LEL
Arrival I+I 27L± 106:15 I HEMS LJLJ clear EELjL4L±,o7:56 , Eother E IDIE75 I
Dispatch EE|L||jz||£±2] 106:031
E L| illsuppression Lul LJ
Type EL
Arrival EIL I I I E"S LJLJ clear EE]LjL2Z]L± ,o6:o5 Eother E IDIE76 I
Dispatch EE|L|L¥||J4±2| 105:431
E L| Esuppresgion LHLJ
Type LEL
Arrival EE] 127L±105:54 HEMS LJLJ clear EgLjL4,L± ,14:47 Eother E IDIE77 I
Di8patchillLjLpr|l 2013| 105:51 I
E L| EESuppre8sion L±LJ
Type Lfl
Arrival 127| 2013| |05:56 EEHS LJLJ clear EELjL4lL± ,o8:57 Eother E IDIE77 ITypeLEL
I]iBpatch mLtl|±z||+±±±j 112:32 IArrivalill|L|L2J|||4±2|112:32I E Lu E]Suppregs±onHEMS Lzfl LJLJLJ
Clear EB|L|LZJl|±±±| 117:Sol Eother
43080 01/27/2013 13-0270009
A ,FD|D43o*80 , ±* L±-E*, yy2YOY13, ,scat:?A , ,|nc:a:n-toN2:3roo*g , =:qL E]:::::: Ap:p:a:r:a:tru:Be:or 8 Apparatus or * Date and Times Sent Number Use Actions Taken Resource Check if same as alarm date E
of* Check ONE box for eachapparatustoindicate
Month I)ay year Hour Min People its main use at theincident.

E IDIE79 I
Dispatch EE|+||JZJ|JP±2] 112:321
E L| illsuppreBsion Lzal LJ
Type Lfl
Arrival illLJL41 20131112:32 I
Clear ELJLql 20131|12:32 I
HEMS LJLJ E0ther
E IDIR74 I
I)igpatchEELJL4120131105:43 I
E L| illsuppregeion LdLJ
Type lfl Arrival EE|Lfl|jz||J4±2| 105:57 I
clear EELjL4L±,o8:58 ,
HRIS LJLJ Eother
E] IDIR74 I
Dispatch rm|+||jz||jp±±] lil:421
E L| fflsuppressfon Lul LJ
Type Lfl
Arrival EB|L||JZ||J4±2| 112:37 I
Clear EILJL4120131117:06 I
EEMS LJLJ Eother
E IDl I Dispatch I LJLJL-I I I LL ESuppreBBion LJLJ
Type LL
Arrival ELLLLL_ I I
clear ELJLJL-I I EEHS LJLJ Eother
E IDl I I)i8patch I LJLJL-I I I LL ESuppreg8ion LJLJ
Type LL
Arrival LJLJ| I I I
clear E|..JLJ|L-I I EEMS LJLJ Eother
E IDl I Dispatch I LJLJL-I I I LL ESuppreBgion LJLJ
Type LL
Arrival ELJLJL-I I
clear DLLLL,i_ , , EEHS LJLJ Eother
E IDl I I,±gpatch ELLLLL_ I ,I LL Esuppression LJLJ
Type LJ
Arrival ELLLLL_ I , EEMS LJLJ clear ELJLJ|L-I Eother
E 11)I I
Dispatch |LJLJ' I I I I LL ESuppreBsion LJLJ
Type LL
Arrival |L I 11
clear ELJLJL-I HEMS LJLJ Eother
E IDl I Dispatch ELLLLL_ , I I LL ESuppregsion LJLJ
Tape LL
Arrival I I I I E"S LJLJ clear ELJLJL-| Eother
Type of Apparatus or Resources
Ground Fire Suppression Marine Equipment More Apparatus? 11 Engine 51 Fire boat with pump Use Additional
12 Truck or aerial 52 Boat, no pump Sheets
:; :::::rt:u:Fper cchination s5u°p:::±tneE;P:::aetnuts ' Other other :: =:u£3±::=:I:u::::::±oann: :::::±ght±ng) :: :::::h::: :::a::::a Support :: :::::eo::=dc::Bt Heavy Ground Equipment 60 Support apparatuBJ Other 93 HazMat unit 21 Dozer or plow Medical a Rescue 94 Type 1 hand crew
22 Tractor 71 Rescue unit 95 Type 2 baad Crew
24 Tanker or tender 72 urban search a rescue unit 99 Privately owned vehicle 20 IIeavy equipment, other 73 High angle rescue unit 00 Other apparatus/resource A:1:r::::f:t::::rf|xed wing tanker ;; :::L¥a::and rescue unit,other : ::::termLned 43 Helicopter
40 Aircraft, other NFIRS-9 Revision 11/17/98
Fire Department 43080 01/27/2013 13-0270009
MM DD YYYY A ,ro|D43o.8o , ±, L±.haLgJ.L=LQ±=J ±:+ ,Ice:i-to=Jroo,9 , ±g:+. E]:i:NFIRS - 11 Argon
8 Agency Referred TO INone
Agency Name
I 1-I I-L I
Agency Phone Number
TIIIIIE Their FDID
C Cage Status
1 Hlnve8tigation open
2 Elnvestigation closed
3 HlnveBtigation inactive
:El::::::n;:::::::;:ional
D Availability of Material First Ignited
1 |TranBport to Scene
2 illAvailable at scene
U Hunhaoun
E Suspected Motivation Facto
11 I Extortion
12 ELabor unrest
13 ElnBurance fraud
14 I Intimidation
15 HVoid contract/lease
21 Epersonal
22|H
23DI
g Check up to three factors
42 I vanity/recognition
te crime 43 DThrills
gtitutional 44 H Attention/sy"patby
45 I sexual excitement
51 EHoricide
vil unrest 52 ESuicide
replay/curiosity 53 I DoneBtic violence
54 HBurglary
61 I Homicide concealment
62 I Burglary concealment
63 EAuto theft con8ealment
64 EDegtroy records/evidence
00 H other motivation
UU BI Unknown motivation
F Apparent Group
1 HTerrorist group
2 I Gang
Involvement
Check up to
three facto
3 I Anti-goverrment group
4 I Outlaw motorcycle organiation
5 H0rganized crime
6 HRacial/ethnic hate group
7 EReligious hate group
8 Esexual preference hate group
0 Bother group
N ENo Group involvement, acted al
U I Unknoun
H Incendiary Devices Select one from each category
CONTAINER NN I None
11 EBottle (Glass) 14 Epre8surized container 17 EBox
12 EBottle (Plastic) 15 Ecan 00 Eother container
13 HJug 16 EGasoline or fuel can UUHunknown
IGINITIORT/DEI.AY DEVICE EN I None
Gi Entry Method
mlllE Unknoun
11 Hwick or Fuse
12 Dcandle
13 I cigarette a Matchl)ook
14 I Electronic Coxponent
15 EHechanical Device
16 ERenote Control
17 ERoad flare/fuse
18 Echemical Coxponent
19 I Trailer/Streamer
20 H0peh flame Source
00 Hother delay device
UU H unknown
G2 Extent of Fire Involveme|it
L-I Fully involved
on Arlival
I Other Investigative Information
Check all that apply
1 ECode violations
2 Estructure for sale
3 I structure vacant
4 Eother crimes involved
5 EIllicit drug activity
6 Hchange in insurance
7 I Financial problem
8 EE criminal/civil
actions pending
FUEIJ
11 E Ordinary Combustibles
12 I Flarmable gas
14 EIgnitable liquid
15 I Ignitable Solid
Property Oimership
t:{ I
I
I
I
I
I
I
private
Ci ty , town , vi 1 lage , local
County or parish
State or province
Federal
Foreign
Military
Other
16 I pyrotechnic material
17 E Explosive material
00 E0ther mterial
UU B] Unknorm
EN I None
Initial Observations
Check all that apply
Ewiadows ajar 5 I Fire department forced entry
EDoors ajar 6 nForced eatry erior co FD arrival
EDoors locked 7 Hsecurity Byscem activated
EDoorg unlocked 8 I Secul.icy present, (didn't activate) L Laboratory used
lit.ocal 3DATF
2Estate 4EFBI
Cbeck all that apply
5 Bother 6 Dprivate
Federal NHNone
NFIRS-11 Revision 11/17/98
01 / 27 / 2.OL3
i

E CRIME D CITED & RELEASED BATS NUMBER
CASE

SANTA CLARA COUNTY
FIRE DEPARTMENTCA-0432000 I ARREST I INJURy 1 3-0270009 G 'NST

DOFFICER DBOOKED
EFELONy EMISDEMEANOR DINFRACTloN ESERv|cE I F'REARMTYPE I EYo%Ec8:F E#igR/5EET E&#E#?UTT'N REPORT TYPE ocCuRRED DATE451(d)P.C.ArsontopropertyoNORFROM01/27/13 TIME DAY 0100 Sun0542Sun
N OF EVENT To 01/27/13
24001 Stevens creek BIvd, Cupertino, CA 95014 REpqRTED 01/27/13 0542 Su n :V'=_V'C"Ess :5.,=%Efi8RT'NGPARTY I 34ogo6Gc. vEHicLE# RECoRDER# DATE TIME W. - W'TNBATS V
LAST. FIRST, MIDDIE D STATE OF CA RACE SEN o0B H.T I i

ENTRYNEEDEDI
LEHIGH Hansom Cement Plant PRIMARY LANGUAGE 1] OTHER_
a ENGLISH I SPANISH D VIE.TNAMESE

DISPOSITION
CTIM ADVISED. H SEXUAL ASSAULT DVICTIM AVITNESBABSlsTANCE DDOME STIC VIOLENCE VlADDRESS Clrv STATE ZIP PHONE972653-5500
I ARRESTDUNfollNOEDBACTivEFrtyAI3SONIINITIACTIVEF/USlilFTINVESTIINACTnrfeBTODAFORcOMpulNTaINFORIAT10N 24001 Stevens Creek BIvd. Cupertino CA 95014

EMPLOYER
I:ccupATioN I SSN I DLNu.MBER I ST:ne
WORK ADDRESS CITY STATE ZIP PHONE4089964211
VICTIM INFof`VATION. D NON DI LOSURE(WllEREAPPLICABLE) DINJURY HSART t]BL000 EURlNE I PHOTOGRAptls W1
LAST, FIRST. MIDDLE I STATE OF CA FIACE SEX DOE HT WT
ONLY.N0CRIMEaTO0F`lcINiuREPOR,ICLEARED/CLOSED1]cLOSEl)BtEXCEPTION: W M - 6 -01 240 PRIMARY LANGUAGE I OTHER_EENGLISHISPANISHIVIETNAMESE
VICTIM AOVISED` a SEXUALADDRESS AS AULT nvicTiM AVITNEss A§sl§TANCE DDOMESTicvioLENCE CITY STATE ZIP Pl10NE
a DEATH OFOFFENDERBPROSECUTION I'-'IIIL CA
- ..

EMPLOYERLEHIGH Hanson CevroRKADDREss OCCUPATION SSN DL NUMBER STATE DECIIN8OIvlcT"REFUScOrocOOpERATE ent Plant HR CA
BIvd.

CITY STATE ZIP95014 PHONE
I JUVENILEN0Custooy(NOTREFEREOTOJPD)COPIESICAMPBEILPO0LOSGAfosPOHLOSALTOSPOBSAMJo9EPD 24001 Stevens Cree Cupertino CA ---___ _ NFORVATION. H NON DISCLOSuREOwHEREAPPLICABLE) I INJURY D SART DBLOOD I] uR lNE DplloTOGRAPHS VICTIM IvroTiMVEHIK;iE yEAF`
MAKE M O0EL BODY TYPE COLOR LICENSE/VIN I STA"
iNFORATroN
:°vTc:ME(LAST FIRS"lDDLF) ADDRESS CITY/STATE ZIP I DAMAGETovEH|CLE VIC" VEllICLE WAS. D STOLEN D MPOuNDED DSTORED BSECuRED AT SCENE H RELEASED TO OWNER D HELD FOR PRINTS . PRINTED PROPERTY CODES UCR PF`OPERTY CODES
D SHEFtlFF OEPTDJPDtJO^BCouRTBarHERO"ERFORMSBJCRDOvOHATEBELOERDCHILDB118G<3dOANGBPHOTOSCENEDFINOEf`PRINTSOORuCFIELOTESTBPROPERTYaEVIDENCEDDIAORAMt]CF`lMELAJ3 D= Destroyed/ Damaged/ VandL=lostS=StolenR=Recovered(PreviouslyStole8=BothStolenandRecoveredallzed 3= Seuwr:nrycyINC=Clathingandn,:::Offl=ilyE:t.::F=rvs/Radiosotes/ Etc. G= FlreamsH=Household GoodsFursl=ConsumableGoodsenvehicleJ=LivestockmentK=Miscellaneous/Stereos/Etc.

M 0 unkown Suspect(s) purposefully ignited four packed dump trucks. lTEM#ODE QIY BRAND MODEL DESCRIPTION OF PROPERTY SERIAL # VALUE C1DK
1 CAT 7858 064 Dump Truck 6HK00157 1.5M
1DK 1 CAT 777C 070 Dump Truck 4XJ00525 1.3M1.3M
1DK1DK 1 CAT 777C 071 Dump Truck AGC00478
1 CAT 777C 079 Dump Truck AGC2531 1.3M

ADDITIONAL OFFICERS
ASsoCIATED CASE NUMBERs BATS ENTFrv 8v: OATE PF`ceEssEDSCCSC#130660099W ME)EF` o^ Po OF 5faF;i:9BA;E7{t EPROH" il;3u.M% ;H;FTH^:"HR aA;E,27,.3 \ EN `°ftffi3} °5 B® ,
.

Rev. 04#010
REPORTTYPE H SUPPLEMENTAI SuSPECT PAGE

SANTA CLARA COUNTY

FIRE DEPARTMENT
CA-0432000

BATS NUMBER CASE
13-0270009
COMPLAINT REVIEW . INFOONLY E AT LARGE H SEE JCR I BcOKED I crrED IA§T. FiRST, MiDDue
iNntRPRETER a spAVlsH E viETNAMESE
NEEDED: D OTHER
RELATIONSHIP T0 VICTIM
Employ®®
ADDRESS --_--------I-_-
BUSINESS ADDF{ESS/ SCHOOL NAME AND ADDRESS
COL NUMBER :__ CLOTHING

HAIR STYLE
B AFRO

B BALD/ SHAVED
I BRAiDEO

D COLLAR

I CREW CUT
H LONG

D PONY TAIL

IJ PUNK

I SHORT

I CONIACTS

D GLASSES

D SUNGLASSES

WORK ADDRESS

COL NUMBER

CLOTHING
llAIR STYLE
D AFRO
I BALD/ StIAVED

I BRAIDED

D COLLAR
D CREW CuT
I LONG

D PONY TAIL
D PUNK

I SHORT
0 CONTACTS
I GLjrssEs
1] SUNGLASSES

HAIR TYPE

I RECEEDING
I sTfouGm
=#AGV/YT/oC#pRELEY
n BOOKED

LAST, FIRST, MIDDLE

HAIR TYPE

B RECEEDING

I STENGHT
H WAW/ CURLy
d "ev ToupEE
SuSPECT VIHICLE INFORMATloN
SUSPECT #
ADDmoNAL iDENTiFIEFzs : H LOWERED

FACIAL HAIR
I BEue

B CLEAN SHAVEN
I FU INCHu

H GOATEE

D LOWER LIP

I MUSTACHE

I SIDE BURNS
D UNstIAVEN

CLOTHINO

I CAP/ HAT

D GLOVES
I MASK

FACIAL HAIR

I BEARD
q CLEAN SHAVEN

I FU INCHU

D GOATEE

I LOWEB LIP
I MuSTACHE

I SIDE BURNS

I UNSHAVEN

RAISED H SPECIAL
R/0 RIME (LAST. FIBST. MIDDLE) I SAME AS SUSPECT #
SUSPECT vEHicLE WAs: n STOLEN
OFFICER.S NAME
Davis D7711

I IMPOUNDED
a PROP.115
BUILD

I HEAVY
a MEDIUM
I Muscuun

H POT BELLY
I 8INL
D THIN
TEETtl
I COLD

I MISSING

H BOTTEN
I sllvER

COMPLAINT
UNIQUE IDENTIFIER (CII#)

COMPLEXION

H ACNE/ POCKED
B OARl(

I FRECKLED

D LIGHT

E MEDIUM

APPERANCE

D BODY ODOR
E3|SffispE,DiRTv

I WELL CROONED
I A00lTIONAL

DESCRIPTION

SEE NARRATIVE

REVIEW H

WEAPONS
I CuTTINC INST.

I HANDS/ FEET

I REVOLVER

D R'FLE

D SEMI AUTO
H SHOT GllN

B SIMULATED

T UNKNOWN
D OTt'ER
lNFOONLY DATLARGE

RELATIONSHIP TO VICTIM
Bu'LD

I IIEAVY

I MEDIUM I
Muscuijue
DpOT
BELLY
B ShLALL
tJ THIN
TEETll
D GOLD

I MISSING

I ROTTEN

I S'LVER
pA'NT I
1 AODRESS

D STORED I
lD NUMBER
50195

COMPLEXION

D ACNE/ POCKED
B DARK

D FRECKLED
I L'Gl|T

I MEDIUM

APPERANCE
a BOOT ODOR
I D]SGulsE
C] UNKEMPT/ DIRTY
0 WELL GROOuED
I ADDmoNAL
DESCRIPTloN
SEE tIARRATIVE

SPECIAL WHEELS H

CITY/ STATE ZIP
sEcuRED AT SCENE I RELEASED
SCARS, MARKS. TATTOOS. ETC.

CODE:
rdc: .

DESC:

H ADD.L SEE NARRATIVE
CODE: S= SCAR M= MAF`K
P= PIERCING T= TATTOO
quB= MISSING BODY PARTS

UNDER THE INFLUENCE
H Alcohol I
D OTHER:

DVMC I

INTERPRETER I SPANISH I VIETNAMESE
NEEDED: I OTHER
UNIQUE IDENTIFIER (CII#)

WEAPONS
I CUTTING INST.

I HANDS/ FEET

I REVOLVER

I RIFIE

I SEMI AUTO

I SHOT GUN

I SIMULATED

I UNKNOWN
tJ OTHER

ROOF/ T-TOP

TOOWNER I HELD
SCARS, MARKS. TATTOOS. ETC.

CODE:

LOC:

DESC:

I ADO'L SEE NARRATIVE
CODE: S= SCAR M= MARK
P= PIEF=CINO T= TATTOO
MB= MISSING BODY PARTS

UNDER THE INFLUENCE I
I
tJ OTHER:

DAVAGE TO VEHICLE

FOR PRINTS IJ PRINTED
MAKE

ADDRESS

ADDRESS
MAKE
CITY
CITY
C'TY
MODEL
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LICENSE

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STATE
STATE
STATE
Narrative Report
Santa clara County
Fire Department
CA-0432000
34090.6 GC-VEHICLE# Recorder# Date: Time:

Bats Report ID #
Case # 130270009
Page #
I Supplemental Report
Attachments:
• Property Report
• DVD containing copy of photographs of the scene
• Copy of LEIHGH visitor sign-h sheets for 1/25/13 to 1/27/13 • Letter from Turner construction crew
• Copy of photographs of vehicles from LEHGH photo radar camera • LEHIGH Mobile Equipment List
• Registration information for 6NLNO81
• Registration information for 4MUZ954
• Statements from witnesses taken by (07) :=====_
• Statements from witnesses taken by (W1) -
• Terminationletterfor(05)I-T- _-i
• Google Earth Map of the scene
Svnopsis:
|¥¥,#£¥£:s:e:i#=£tt:ELiel:ar:gf:ii=±ul:c:t,edffiunT=i#c#e±a:a:::#a:oT Securitv:
:eo=:H#¥¥::£ee;::ars:ft;i:=y¥dun:¥vlBednv=::#h:f=th=ee#:T=¥=arty:£|:L=m#th2:4ut an employee pass.

Weather:

The weather conditions were taken from (!±.ng?;_/ / www.wundergrormd.com.). The temperature was 46F, humidity of 77%, dear with calm winds.

BATS Entry By:

REV-04/2010
Processed
Date: CopiesTo: _ DA _Court _Otlier:

DPW _JPD _S/OorpD
Narrative Report
Santa Clara County
Fire Department
CA-0432000
34090.6 GC- VEHICLE# Recorder# Date: Time:

Bats Report ID #
Case # 13-0270009
Page #
I Supplemental Report
Scene Descriptiong
!Ebi;5igiT:H::#g:::a¥ffi::i:::fri:q:in:=f#e:ii:d;:i::get;oi¥;Pus¥pi:i¥::r:ii¥:ygias::o:nt,a Preserve to the north.

The involved dump tmcks were located in the quarry approximately two and a half miles past the ;nartrk¥dc:i%feg;g[ud¥ZthTehiiso;rsthae€::tc=:ae:PoTr£:::te([syee68?£;:#°G°o:;::.£Irhf:dM;#tygfro,Woweroe/ the lot.)
Utilityseryi±
Pacific Gas and Electric, (PG&E) provides electricity to this area using overhead wiring, transformers, gdth:°arweearopf°#:::::;d.andmalntalnedbyLEIHGHQuarry.Nootherutilityservicewa§provided Fire Protection S stems:

No fire protection systems were provided in this area.

I_nvestigat±jQpi
:awu::i:Svpe:tbg£€obny€an±av€±aroan€:eTetyancd°:Fsummectabhy°3:E°alr[:Snp€nhide:°scal°:d:.Ctcahifi:fes°£a8z=Tt:ted §ou¥i;:a:hcu;£&Igi;b§i:¥E%¥ej::¥£i?i:ciisgj€ik:#±¥ig;;:tie:a:ai#i|e:1;g¥ij:iiii°;rio::c|:i;i:hnid;j°:jet

64. BATS Entry By:

REV-04/2010
Processed
Date:~ CopiesTo: _DA _Court _Other:

DPW _JPD _S/OorpD
Narrative Report
Santa Clara County
Fire Department
CA-0432000
34090.6 GC- VEHICLE# Recorder# Date : Time:

Bats Report lD #
Case # 13-0270009
Page #
I Supplemental Report
EryitigationcontinueL±
;:tt:epchic£:D±Cfg:#£c:fdsfii:¥th¥*::F:F¥ojL°:aop*°S°::itee=f;;[esrfbF:i¥#t°cfh:i:a:=hs:£ed#t:o{:?the circuit between the batteries and the electrical components of the dulnp truck.

The area of fire origin is located between the rear driver's side of truck number 70 and the rear passenger's area of fuck number 79. The following fire and heat patterns support this area of fire origin.

Truck number 71 was located on the east side of the scene. This truck sustained heat and fire damage i°hFreeg:fer±±d;i¥u¥tgn¥asi°ocraeteh€aatpfr:#aje±:::rd:itaaestfr°ofn:.uikh:0:%vpear§:;edne8::'esssf£&e;d duetoheatandfiredamageandthetiresonthepassenger'ssidewereingoodconditionwithnoheat or fire damage. The fire patterns support the fire traLveling towards truck 71 from tmck 70.

Truck number 70 was located on the west side of truck 71 and the east side of truck 79. This tnick sustained major heat and fire damage to both the driver and passenger's side. All of the tires failed g:ego:::a:t:#fr:;e,€ffi:g:n!i:i:h::esfilr:efi:etaefeeintso¥edp?vfffsfesid::i#::re:.£;oi:d¥Edu:y;fg:n;:
from tmck 70.

F¥Eafsns:eu=g:ee;:;7;Ld::aals±iiaieSra:se£?:;:idd¥£¥r;ian=a§t:71°E::n±:fe=to¥:Ssut::h¥¥adghe;n8:se:ds:d5::::desg:geri°e iuasj:rnegdt::r=£seaigd6grfodmanthag;a¥::ngeer,€:rde:':fsfeckT7hg:firepattemssupportthefire Truck number 64 was located on the west side of the scene. This truck sustained heat and fire gLfearg:::d:efiaes::narg:rf'S±dcke'6¥|=±arYnaesd]°=:::dh:£P££Eraetefy£°augrefae:nwasetgfog¥h7:';'assenger side tires sustained heat and fire damage and the tires on the driver's side were in good condition with no heat or fire damage. The fire patterns support the fire traveling towards truck 64 from truck

79. BATS Entry By:

REV- 04/2010
Processed
Date:~ CopiesTo: _DA _Court _Other:

DPW _JPD _S/OorpD
Narrative Report
Santa Clara County
Fire Department
CA-0432000
34090.6 GC- VEHICLE# Recorder# Date : Tim e:

Bats Report lD #
Case # 13-0270009
Page #
I Supplemental Report
_I_nvestiga_tipncontinuLedi
i:ee±e:::od:;±:7=dac;:d:jg¥nfdpsoEr:e::eeof£:e:o;#e:s;¥:¥:in:geffar#sffiT:gfu7gLsan±Z9L#:df:eere There were no heat sources found in the area of fire origin. The dump trucks did not have any electrical components in this area.
#oeulddug£Pm¥act¥thweeieeft:::dceano€#tipopne::ggdf3ryaapire°£=?::[iyfi£::u£:fa°Lt:#hee:ir:'sL:Smbiy.

I have concluded this to be an Arson Fire deliberately set by unidentified suspect(s).

Statements of (07
[Q2u¥#e#eedfoffienwe:?tsidentifiedhfmselfastheQuarryManagerforLEH|GH £?pE==!#km=fj#:a¥#T=##oig#:;d:¥-f#?r:fJFo::ie
with no known malfunctions. He confirmed the dump truck's master battery switch were in the `'OFF" position.
;:|eEuleexi#tho:;eaoi¥ryep#:#j=ee:o=£T:c:t#::£=iup¥tEh=a=#noTe i#jE==p::gt#¥:c=p:1e;ooof:E:o¥Tit:od:o==o?oe##E:=E:iar:h#es::=h Human Resources Manager, for details on the employees who were terminated. gEe:Ed:led#i#::lg¥T;ee:q:u:¥:n¥oge¥i?::h::el#y=:isiiiF:nil:lTeb#g:rhi¥de BATS Entry By:

REV-04/2010
Processed
Date:~ CopiesTo: _DA _Court _Other:

DPW _JPD _S/OorpD
Date:

Narrative Report
Santa Clara County
Fire Department
cArd4320oo
34090.6 GC- VEHICLE#
Statements of
Recorder# Date :

Continued:

Time:

Bats R®port ID #
Case # 13-0270009
Page #
I Supplemental Report
i:gH###£d:I:coesul:dc#e#5#3t#;#:gt°#e£::ownh?sgc¥toTcha#+;i:# i£#t:±:=:=::=:#g:=Cer¥:tae+en°:g£:eu:fthfep;:P£+'#TCLner¥ere=fd°efdth£:e£#:

I:hew=##Edff|¥ip¥iigthif#¥?g*¥=¥:¥fettn¥1:ni:e:i?jro¥idifii¥c:=arTith:ae wa§commonknowledgeandmostemployeesknewtherewasnolongeracamerainthisarea. i;%%E::#e:;£uo#::±=£sf:p¥dr:kartssiysi:g:sedeu:pn:gft:iEva:p?oge::d::#;ds=fa (07)a|lnsaidhewouldmakearrangementsformetoreceivecopiesofthevideofootageand anyphotographsfromtheirphotoradarsystem.(SeeAifechme7'if..Copyo/photographeo/¢efri.cJesfom LEIflGH photo radar camera).

Statements ofW1 __-==
[Li#g:+ewddany{::::±¥ar¥hhi°sfsdt::ifiidts¥]fastheH-nResourcesManagerfor gv]:beeT=vdeLjrfuip:odygga¥eedHVlTthanmEe£°v¥n=i#apg:£[#)GiH::#aefntho:e received any threats from any of the terminated employees. #L::=::::m#n:veguefdfet#:g:eek±#+¥:rbs±+th#e2:#:e:¥:s¥;sox:T{:u shcot ybu."
R®portjng officer Davis #50`95
£
cjic# D77ll Date: 01ra7/13
FlychouedFlry+ - Dqfud44_
BATS Entry By:

REV- 04/2010
Processed
Date:_ CopiesTo: _DA _Court _Other:

DPW _JPD _S/OorpD
Narrative Report
Santa Clara County
Fire Department
CA-0432000
34090.6 GC- VEHICLE#
Statements of
Recorder# Date :

Continued:

Time:

Bats Report lD #
Case # 13ro270009
Page #
I Suppl®mental Report
owl) -said (08) ----- '= called him and notified him of the heat. (W1) - £t;::::se:#;#f(8;)e¥aw£°(#:ii:i,themddent.(SecAfroch„ie7!£.Stefementsfrm ££necfu¥[LTeFgLn#g¥3::#+tr£EOLg;euE:#¥ZL=:I::::::ed¥fiee:;thied±or i:;en:i(EOFF:tari£¥[!:I,:¥¥iio:|¥:±dt:ei;ff:[i;#:;:fiT#¥er:Hfoer (W1) -said (o5) EID
(05) -=---'J|.)
##d¥SEeds(ar9d3,)(=wWo¥k:#thaetefneniepc)e:tb=£2;£°:e2£:C:i:Lee°f:rhiisuLa=ia°igand maintaining equipment in the cement plant and quarry.
#dL|ar=qgpdJ8:t)aEwiiHaht:dh;mdJnTteh2e°:2dbfre:caiu|84°;=:==Le=alceetyhiLsseues termination.
(W1) -said out of the five people terminated in the past year, .I+=-I-:-=, ±' gettharterfumEousfoett#:dTEeasbt:Te¥asenh°atsJ::#=ddYe¥eanv;erydruepasft±gmdgy:n¥re#8fg and
against him or the quarry surounding their termination.

Injuries:

This fire caused no injuries.

BATS Entry By:

REV- 04/2010
Processed
Date:~ Copie§To: _DA _Court _Other:

DPW _JPD _S/OorpD
Narrative Report
Santa Clara County
Fire Department
CA0432000
34090.6 GC- VEHICLE#
Evidence:

Recorder# Date : Time:

Bats Report lD #
Case # 13ro270009
Page #
I Supplemental Report
• JD-1: DVD containing video and photographs of the fire scene • JD-2: Sample of dump truck tire
P.L.E.O.
• ATF Special Agent Barbara Maxwell (Assist)
Ei_spositiQni
£=:[t:=rfi:::b¥ee:e:er:!g:e:::t:=su::ep!er:e:stfra:lefecoraii=:li=::ap=::ardi¥n#c#:aa::T#sga:a;:Tand R®i)ortlng officer Davis #50195
£
Cj|C# I)7711 Date: 01#7/13 ul
FtyENfuFyNjed F!. Dqdali
BATS Entry By:

REV-04/2010
Processed
Date:~ CoplesTo: _DA _Court _Other:

DPW _JPD _S/OoTPD
Narrative Report
Santa Clara County
Fire Department
CA-0432000
34090.6 GC- VEHICLE#

SUPPLEMENTAL
Recorder# Date:

On 11 / 22 / 13, I interviewed
of his statements.

Statement from
Time:

Bats Report lD #
Case # 13ro270009
Page #
I Supplemental Report
(01) =L==at the Saratoga Fire Station. The following is a summary at Lehigh for approximately
::[p::.:
(01)-=saidhehaswo
the cmsher operations.
(01 ) -escribed the
On this date an argument
ten years. He has been responsible for
_ , _ _._ _ .... L.._.___ 1.-1-_^^ L-I
;n+w,1,
isnal:
said he was later called
(07)==_.i_endavl)
At the completion of the
misconduct. (01) -
-_offrce.(SeeAltachment:Statemch{sfromwitnessestakenby
stigation (_0|) I+ T=and (O_2) ±===_. _=vyere terTir?_t:d for 1.1, heubrought his termination to a Skelly Hearing, which occured on - He said he was aware I interviewed (05)
i;::::e:dfff¥;i:i#ei:b¥argeh¥:dea:T::hfhiva::eF:grfioe:ea?i:::tt#::s:d#h:eo Narrative Report
Santa Clara County
Fire Department
CA-0432000
34090.6 GC- VEHICLE# Recordel# Date: Time:

Bats Report lD #
Case # 130270009
Page #
I Supplemontal Report
(01) EPraid he thins it dyould have to be an "Inside job". He thinks it would have to be someone gt°kknknoewwanthyeoen:#3e:':sS#ve:,:ees#s:Wri°ggfte¥:eTdwithinthequany.Hesaldhereallydid (01)D'Vazdidnothaveanyj
CASE DISPOSITION:

To original report.
additional information and the interview was concluded.

BATS Entry By:

REV-04/2010
Processed
Date: CopiesTo: _ DA _Court _Other:

DPW _JPD _S/OorpD
Narrative Report
Santa clara County
Fire Department
CA-0432000
Bats Report lD #
Case # 13ro270009
Page #
INVESTIGATION:
gs::hfh:etL;I;t¥:,#EFthteff:d#m;F&ha£¥ntneffrn;:#:od±r¥#EE== I ffo£:./%3i#Ppr:=da±e[ae]i3#gfact°£fae#t:d(06)-andinterviewedhinoverthe Statement from _--____
``
E=L;g;g:tgo:t:Zap:,:i;:::dhiosurte£:g::cfof:a£Lpnr::Lm::ed]yd:£3noot:::s#onkge:putsou:]sotuon63 (06) ±said approxiritely 20 minutes later he head a second explosion. He said he got back ;uh:iihb:en:L=nd*::o:ke:;o#iggr:ena-:::sn::h:sed*d::toa:i:eu:txf!s!¥ohs:o::es:cn=::e|b:aew%assln:o:iTeeF£¥ blasting. (06)±i_ventfoack to bed.

I
Approximately 30 minutes later, (06) -said he heard another explosion. This time he said he :°ar95e#eti:S#;:dw°ai£#fise¥ieo#h¥Ze=£;a%ua#de#:s±eo:.£thTnrfsfr;:sEee%euaae(s9€)x= and this explosion produced a large amount of fire which he could see from his window.

I
(06) - called 9-1-1 to report the fire, the dispatcher told him they had already received the call and the fire deparinent was responding.
(06) -did not have ahy additional information and the interview was concluded.

CASE DISPOSITION: :

To original report.

BATS Entry By:

REV-04/2010
Date: Copies To: _DA _Court _Other:

DPW JPD S/O or pD
Date:

Narrative Report
Santa clara County
Fire Department
CA-0432000
34090,6 GC- VEHICLE# ecorder# Date:

REPORT:

INVESTIGATION:

Time:

Bats Report lD #
Case # 13J)270009
Page #
I Supplemental Report
On 02/ 13/ 13, I checked the santa clara county Fire Department Anonymous Hotline and retrieved a I , ,1 , (08)` -± said he nigh-t have some information that
::S#:s::sf:i:yth(e°£) surrounding the Lehigh Quany.
a:og:`[(3o/81)3iv:tv£Pors:o:ad::iya:4f%uho°#i'g[s::tnet£Cet:g(°8)-andinterviewedhimoverthe Statement from --ir+ +
L:j4(:::,o-y=rapo=if:i3o:rs,h¥:i:::gegL=:Ethgeehpgr¥:¥heec;:¥Tg¥(aop85rgd?arl3 (08) -explained, (P1) -and (020) a-had worked together at the cement plant €S±i:ier±°rgifuhipfd°sfbyo¥atbe£°dr:wthaeyy#e=ewtro¥ferreduptothequany.Both(01)-and i
g+EEei:::da;k;#[¥ez£;ti#:ir::'o'n#¥:¥;:;:2;or=uLfo:q::¥dsko¥:!ri! 3, he watched (020)-arrive at work and he Was dn::±±ELF O-8')Ill-h-e i-ad bo-ught -car from him because -did not have a job and he needed the money from the sale of his car. (08) ± said on 1/30
vehicle. (020) =LL= told
Roportjng officer Davis #50195
i
cj|c# I)7711 I)ate: lu2„S/131
Revi®wedPeT\ I..-,,
BATS Entry By:

REV-04/2010
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DPW JP0 S/O or pD
Date:

Narrative Report
Santa clara County
Fire Department
CA-0432000
34090.6 GC-VEHICLE# Recorder# Date: Time:

Bats Report ID #
Case # 13-0270009
Page #
t] Supplem®ntal Report
Statement from
(
L%:#Eofahaetipg:di:ooit##oo::th;:::eeiffith¥;:otiw:aas:#egl&e,hE¥#ew:=t::
(08)-didnothavea]iyadditionalinformationandtheinterviewwasconduded.

CASE DISPOSITION: ;
To original report.

BATS Entry By:

REV- 04/2010
Processed
Date: Copies To: _ DA _Court _Other:

DPW _JPD _S/OorpD
Narrative Report
Santai Clara County
Fire Department
CA-0432000
34090.6 GC- VEHICLE# Recorde# Date : Tim e:

Bats Report lD #
Case # 13rg270009
Page #
Supplemental Report
SUPPLEMENTAL REPQRT:

I
INVESTIGATION:
1 fte°£/e2;!::'Laetf8fr8=id#4i°ehe°murps)'ose¥sSwpfoa:i::::dB#::nad¥e:twoe:]o¥t:£ecr°;A,u2Cot=£.

ChOctober9th2012,anarFTenthadtakenplaceinthequarrygaragelunchroombeforethestaLrtot the shift. (01) Li--LL ,L vyas upset at another employee over his coffee and said,.:`If prtyo,n_e.` _ ou."-At the completion-of -the Human Resources investigation (01 ) - were terminated for their misconduct during the incident. touches my coffee 1'11 -and(02)
assT:t:£e£±ealfrAe8inje¥ti?;awtieoHh¥\d[£nterviewedthefollowingemployeestogarnanyirformationto (011) _=i-__ =:i:i, (012) _--=_, (013) + (017)C=J=-,-J
(018)===L-._+(019)j=LL==,and(020)
:t:esf:g:tit.8Th¥=th=P±i#y¥¥€:orh:i:L=?H+:h::o¥::¥J:±:m=[¥#ahon #J=tl#JE!
Statement from
Duringaninterviewwith(q)15)-L±=-=heprovidedthefollowingstatement.

I
;%:;ffii:d£:L¥:##Htl#fa¥tlp}¥:;:=er:oS£%i5:ifu#%:rtkoeddrfv°erd¥p8hrfuf% I could have been involved with the fire. He
(
BATS Entry By:

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DPW _JPD _S/OorpD
Narrative Report
Santa Clara County
Fire Department
CA-0432000
34090.6 GC- VEHICLE#
Statement from
Recorder# Date : Tim e:

Continued:
hasJ ;vi-d-:n¥roving(05)+ (015)-said he
Statement from
Bats Report lD #
Case # 130270009
Page #
Supplomental Report
seen (05) =-_- .a__ _-_ at the quarry since his termination and has no started or was involved with the fire.
terrination.
1 . 1 ..... 1 L _ _ ______ _ , .I.__ _I.__ _I-_-.I :I // il ()` ^^iJ i/ iJ` I -_ fLr]t± and|was vefy, qti.[sppkeT .a,b:Sit _if.__ !9_1_?)_ I£SL±dJe:i ±,*:i 1 attichde as if the company was out to get him. He said (05) without any problems by using his employee permit on his t=t:PireanQud£
about his termination
known for losing his
i-.Lio=-could get into
V=#d£.e£%]£!Eg£#+:sda}Sons::bhina;:anye`VI-dencetosuppori(05)-wasinvo|ved R®portlng officer Davis #50195 I
/'
I
cjic# D771l Date: (o2"3
-::;.: H, ..-,..

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:)pi=::darwy?r§:dtht|8:thiri:EiE:dce(8;3)t=°::;::£Lfi:i¥:=S know who started the fire but thinks it may have been an erpployee that sa`y (01) -would not do that type of thing.
(020)±_said he and
before they were transferre
(020) ± said he did n
was upset with the quarry, maybe someone who had been terminated. (020) -Said, it was not \_ --,--- __ __ _
I . , ,I ,,,, 1 . _
(01 ) - and continued
(020)=i-_said
:I- -: ------- uL t.
was always out to get
=¥algFeedco°e¥:#yh
a possibility.
invesdgation to support th
P.L.E.O.
5)=LLo_wasanoutspgk:n__.einployeewhothoughtthecompany .1,,1 son he could think of who was responsible for thi.s fire_is p.ossibly (05) ¥y::h#¥c:esgsfjp¥e:n£:gds,te:;u,5pETtp¥£vc;¥]£r:=:e:t#£T:e::
a
uELmEERI±HHHRIEmRERErmiHE
fi::=j=L"haed=8tigeeto#farthpe]°Zies::f;g#utb£#e(S[|o=t#o¥)t£ r involvement in the crime of arson.
• ATF Special Agent BLbara Maxwell
CASE DISPOSITION:

To original report.

BATS Entry By:

REV-04/2010
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DPW _JPD _S/OorpD
Narrative Report
Santa Clara County
Fire Department
CA-0432000
34090.6 GC- VEHICLE# eco rder# Date : Time:

Bats Report lD #
Case # 13-0270009
Page #
I Supplemental Report

SUPPLEMENTAL REP
ATTACHMENTS:
• Copy of FirstAlarm
INVESTIGATION:

On 02/25/13, I was
Stevens Creek Blvd.
ervice Order
Rural Metl.o had video surveillance of vehicular traffic traveling on passing in front of the Santa Clara County Fire Station #7. Santa Clara County ed to the front of Fire Statiori #7. The camera is pointed north towards advisiq
Fire Station #7 is loc;ted at'22620 Stevens Creek Blvd., Cuperti-no, CA. 95014. The video surveillance is taken from a camera att:q[j
Stevens Creek Blvd.

This surveillance captures
ate::in:;I:o:y=:a;i:leg;tt]ai:#;:I::en£:ty:;e±i;;d;r:e:n::st:s;ft:Ro:re£:;hi£:g£¥cote:n;d]:Cti:f[|:sdtkmf|ff:: _ ,-,, \ - . A --- 1 security needs. Mr.
1 / 27/13 at 1700 hours.
fic traveling east and west on Stevens Creek Blvd. as the traffic passes Anddrson re`trieved-the video surveillance from 1/26/13 at 1700 hours to I secured the video onto
Evidence:
a DVD-R and
• JD-3: DVD containin{
hours on 1 / 27 / 13 wi
CASE DISPOSITION:

To original report.
logged it into evidence as JD-3.
video of Stevens Creek Traffic from 1700 hours on 1 / 26 / 13 to 1700 the First Alarm Service Order.

R®i)olting officer Dav|is #50195
f p,oc®!
cjic# I)7711 Date: Ozfl5/13
Rovlewed a . DerfyJde/I
BATS Entry By:
•,
DaIte:_
REV-04/2010
CoplesTo: _DA _Court _Other:

DPW JPD S/O or pD
Date:

Narrative Report
Santa clara County
Fire Department
CA-0432000
34090.6 GC- VEHICLE#

SUPPLEMENTAL
Rocorder# Date:

REPORT:

ATTACHMENTS:
• Deputy Tarazi'sre
• Lehighworkorder
• LehighLetter of T
• U.S Departmentof
INVESTIGATION:
# 13-066-0099W
92429 and #8693922
Time:
nation of (05) -I-I I I I I Ipr
or Case# l^rEMD 13-5
Bats Report lD #
Case # 134270009
Page #
I Supplem®ntal Report
Content of Fax:

I would Eke to know Y*y?.?
Sewstap.y^€€ q±e work roti#tior or, work ordei #8692429, #8693922 and son±e o_quer documents L._ ...__I. __ LL^ ..^11^. _.^n ------- i /ilrr`rL'e Why?????.. These work ord as an electician) and
dates of 10/15/2012
Cupertho? The shooting
company expect someone
????? Can you explain on the eat_e_ty_peeapg please. _-i---i-i to LL L.T T toworkontherollerpress...i = -. __I(works
¥t2:r:2g,h(;th¥::-¥p¥R;¥o%)roT¥jrs¥faeth#?¥;erp#:
:i-a-rri-i:ia;e=s-.Ifsomeonesiartsanothershootivng,hopefullyagaln§t'managers. keys__s_tigationcontinHed
Sgt. Brown notified Sgt. M
the incident because Sgt. L
jurisdiction.
t ahother gunfue,- to st-art doing- something in human resources rc Lehmarm, also with the Santa Clara County Sheriff`s Department, of arm is assigned to the Westside Substation- and the incident is in his R®portlng offlcer Davis #5ol95
cP p,oces
cjic# D77ll Oato: UJ„6/IJ
Revieved\BVT`.-_\ V[REarid.Jall
BATS Entry By: 1Da)-
te,_
REV-04/2010
CoplesTo: _DA _Court _Other:

DPW _JPD _S/OorpD
Narrative Report
Santa Clara County
Fire Department
CA-0432000
34090.6 GC- VEHICLE#
Investi ation Continue
ecorder#
:_I:i:::i::=_:_;-::_=i::_::;:
7 I met with Sgt. Le
outlined in the fax
gearbox, which fail
I verified with (W1)
terfuated over. (S
This coinplaint stated he w
Time:

Bats Report lD #
Case # 13J)270009
Page #
I Supplemontal Report
hfep;°o¥eodrd:res#nce°Piei::nwan°:E]:::::Ss:::unthiLge#:hmgv# •ber |&th 2ou2. (See attachment, Lehigh work ord?r_ #.86f£243!3 _and. ||f2f3922.) this was the same movabla gr_arbox (05)_=-- -T_ was
ighLetterofTerminhonof(05):=:T=_„)
i#s.EeF¥£fo?¥,igeedfgF2ygj,f2iTi_±..S{F+_:£°¥i,TFP=[5¥;(£°#^onEnfu##3.¥.3 wrongfully terminated and requested his termination be appealed. ;§:

After reviewing the facts
#8693922, and the comp
the fax was set anonymoFTEui
ntained in the anonymously sent fax, Lehigh work orders #8692429, filed with the U.S. Department of Labor. I found evidence to support by(05)LL==.becauseofhistermination.
g1:o:3!':2::i:r3:,|c|!|hv:e:d:ea:raefT#a:oi=ys:ca!g|eeri:;;E!,e¥rwia:s:t:S?¥Entif:e_f_€? . . He said
dedu a §parish translator. I tried to tell (05) =. _ . I. Want:d t8 ination `from Lehigh, because of the language barrier he did not Gabrielle Solleder who works for Alcohol, Tobacco, Firearm, and (65-)-====-:_:has lot retuumed our call as of the completion of this speak to-him about his
did not speak English_ and
iinderstand what I was
I contacted Special Agen + `-``LL` --.- _ -r__-- _ _a___ _ :#:sige5S,Di:EE:;nt#TeFf)[,godf:re¥augT:esqpu¥£g`oEie:oa::iianche;rscpina::£gecnis&`:e£:: 11 / 11_ _ _______1_1:__ _I .L;- his termination from Lehig
report.

CASE DISPOSITION:

To original report.

Reporting offlcor Davi.s #50195
I
(lof Pro®RAte:_
cjic# lJ771l Data:
03„6/lJ
\ReviewedB .\ -
'.'> -.

BATS Entry By:REV-04/2010 Da
I
CoplosTo: _DA _Court _Otlier.

DPW _JPD _S/OorpD
Date:

Narrative Report
Santa clara County
Fire Department
cAro432OOO
34090.6 GC- VEHICLE#

SUPPLEMENTAL
Recorder# Date: Time:

REPORT:

INVESTIGATION:

Cia 04/ 17/ 13 at appro)
Bats Report lD #
Case # 13-0270009
Page #
Supplemental Report
y 1000 hours, ATF Special Agent Gabrielle Soueder and I interviewed -,,' rfof5)-=== ;:f|:rgdgg:scuoE-dJoa:af#m:Ftse:D;#5t!ff¥:£ube-51t:::CneasTt:mm5ese4WTf:
+
Statement from (05
e has worked for Lehi -ii-a-departments whilt he-was`employed. He has worked in the Pack and Crush Department. He has been respousipl: for servicing and .-, -i:di:ie:
worked in several
House, Maintenance
gh Quarry since October 8, 2001. He said he has
i:eYfu;:I;Lh;a':th~a:c-i:e-s;s~Vy=:dq[¥ii!±±tai°::£dal;[narthe[easq#ii°:)qFsaid-overhisbmeatthequarry esponsibility in the quarry was maintenance of equipment ensuring the \` ,-,-.-. _'T.___._ I-TT _ _ _ I . I. 1 ;;po,p::p`?.:pi:nakof:tf:Ei;cT:i;:ig!alar;:a#re:=pfT:og::i:;;eLseig:Hi:etfar#!d¥:te:rarT:e:i:::btc:a:::fi |`enr:dueDnst€
i:o:vy:|epth:::L£¥e=ep¥t:yti:::pa::s:b=dfohre£Lfnnt:t=#geethT,TROT]eeLrrsreeas::,°gut (05)=±L=saidhis
einploin€nt because of thi
#:)e¥h:#hhee#aass
was the only one terminate
When asked about the me sage sent to the Mine Safe.ty epq Health Administration (MSHA), (See I__ L1____ \Jl'*rr,",„.`,`.'.I.-'-rv' --_--_--_-.---, _r.+_' ` ^\` _ _ \J 1i37. i6-5-)-i: _said h`e did send an anonymous message to them 1, Pnuctiuc:rddf££:t3o]u°t°ZsS:##:nth:gfFseke:gesfah8yei:Pfk=aagbe°r¥t;f¥:hi#Cw°et:Te#gsp¥::,::t:e:a ;fi:;;€e:S=fyriiLe£-]`i~e-:!85:#h±mialfshoeft::adiyd[fi:v:°n::'-hechare:kbahij eived any verification or clarification on the facts surounding this sxpplemental report _ qqt_ejd 3/
yohm:Tgan¥:g:iebaa¥:t_o¥±.:o:_ij±Tth=+Fii¥:;=Et,?ayri#SL=nESL:it:h:pauyfuali:vq[eiui:JjEe;id:bali from (05) =iii_- - Or
message.
rec
R®port]ng officer Davis #50195
III
+
cjic# I)7711 Date:
10El/lJ
Reviewed-`B±-" D&to3kb/i
BATS Entry By:

REV-04/2010
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Date: Copies To: _DA _Court _Other:

DPW _JPD _S/Oorpo
Date:

Narrative Report
Santa Clara County
Fire Department
CA-0432000
34090.6 GC- VEHICLE#
Statement from
Recorder# Date: Time:

Continued:

Iasked(05)==- jfhe was involved with
not allowed on the prop
would see him or his ve
asked him if I saw his vehic. === said he has never
I asked (05) T=Tu =_i f he
the fires at
Bats Report ID #
Case # 130270009
Page #
Suppl®mental Report
Lehigh. He said he was terminated and
rie continued to say he was not irnvolved with the fires. I asked if I on any security videos the days surrounding the fires. He Said no. I I - - . 1 . . 1 ^ ,r\~\ -e ii-in-:`s:in-ly`videos could it`be someone erse driving his truck? (05) loaned his truck out, he is the only person who drives it. would be willing to submit to a polygraph examination to help support polygraph wvas admissible iri c6tiit.-I explained to him it was not I, , \, JL 1,,,,,_ £°fiw:::oufedt:e¥:¥yanhi;Sp;t:gin(::!f#¥:3:::Submittoa
his statements, he ?ske.q .if pre
;g;s:3lhee==:g:i.it|`:oi
tch::
residence.
led (05) ±c,i-i several tines and left messages on his ceu phone polygraph examination. I did not receive a return call from him. On ._-...-.1T ;b.:o±_o¥m_ts6o_6[bLne#es::oero::%easc=t#ek.ro%ti±tngEFas¥_e4,g[:i:¥:od[£;.:g _ _ _ _ , , , 1 1 , , During the month of July I
requesting a date to facility
:th:e::::1iAeg?:trs!::ey:ir:f¥e#ggeff:Cd::;acE:wf?.F!:#f:al±:¥.e,Tf:e|Thios|Wb:r;c:keoen?¥:o:
and identified myself askin
some movement inside the
Ei;jj:;a;;ai:+fo;:i;e;-r;Li;a:1-SfLe_:-£:ai::I:.1ffi::iij:ians:vefrFeFp:on:i:::tho:ednoeodrios::ocr,uld (05) a. -DE--
BATS Entry By:

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Date: CoplesTo: _ DA _Court _Other:

DPW _JPD _S/OorpD
Narrative Report
Santa Clara County
Bats Report ID #
Case # 13-0270009
Page # Fire DepartmentCA0432000340906GC-VEHICLE# ) 4! ue I,Recorder#Date:Time:

Statement from (05) _
F Supplemental Report
________11____-Continued:wfthfstermination.Hetoldmethat(°5)e!he:pu:see:e:n::g!(n#:ot::uthpeFo|ayp::Fh=:it:as::n=ttoapolygraph-_ I was contacted by an attordaidwewereatexaminationand(05)-I ::ns=?v:ibfeer#e:£m°#gr±i;dioi{e:otthfua;ee±8eidrfj:[t§L#eg:Le:b¥¥aFu:¥:j2£(!£1:3=ac:#Co:mti#a;:-18g)nl¥:vehicle. {asiE#d:ti°tifeontLL+#L=g:ntryb#edidnHAhewifi#¥enrfTst¥in¥w¥,¥ i::riitl:ii FeLognhe,Tod;.je:rv;e;:sErser£Ftr;e;,::jF¥::ELg¥:;i.;t±]vyF6[;]r3e,VI£=v€=#thvI:d£oeo#eh:ofto#stetho: ` 1_._ __--__-I____ -..=L1-|L^ ,~.,-_, /nt=\ i;-;6asdre-;=oa:-*:ei¥£:shhee:aasd:eayatuhpesehta:Vneerv±:Siot=iF#EL±°:i .. . \ , .1 _ ,____L _._L_ _i :r-a-a-o-;;-%f--L-e-fi-:I betau;e 6f his expefience with the quarry. (05) 1 _ I_ _ _ =anh:gerfe¥pS:
=¥i::s:::t][=i:::::gr:e:e:dc:i:::i::t:tahipsoclgn=:Lhteasstl:Ttn=gsoauLm::1¥llee=:::later Processed
Date: Copies To: _
laycht and the wor
To original report.

Repofting Officer Davis #50195
II
cj|c# D7711 Dife:- Il'„In3
Datedall
BATS Entry By:

REV-04/2010
DA _Court _Other:

DPW _JPD _S/OorpD
1 From: Rhoda Fry, Cupertino Resident
To: Board of Supervisors
RE: Agenda Item #29. Under advisement from January 25, 2022 (Item No. 14): Receive report from the Office of the County Counsel and the Department of Planning and Development relating to list of all noticed violations of permits, laws, statutes, regulations, ordinances, consent decrees, or other court actions involving Lehigh Cement Plant and Quarry over the ten year period January 1, 2012 through December 31, 2021. (ID# 111274)
Dear Board of Supervisors,
Thank you for looking at the comprehensive list of Lehigh’s noticed violations and other actions.

It is troubling that the County has not levied fines. Furthermore, a number of items that should have been violations were never officially noticed. Below please find corrections, additions and comments pertaining to the report.

With respect to Lehigh’s illegally-built 40-foot wide road within jurisdictional Cupertino, Lehigh paid the City of Cupertino over $150,000 in penalties for grading and removing protected trees without a permit. The report mentions only a $100 administrative fine. Additionally, Lehigh has already planted 49 large replacement trees on site per Cupertino’s Protected Tree Ordinance.

What we don’t glean from this agenda item is, how bad is it? I will tell you that it is bad. The $5M settlement for water quality violations with the EPA, DOJ, California AG (under Kamala Harris) was a landmark case. And Lehigh Cupertino has the very worst labor-safety record among California’s 8 cement plants. From 2017 to 2019, Lehigh had $1.4M in proposed federal fines vs Mitsubishi’s $28K, which had about the same number of employee hours – that’s a factor of fifty! Attached you’ll find a comparative report of Lehigh’s egregious record of safety violations. I first raised labor-safety concerns when Liz Kniss represented District 5 and have continued to do so ever since.

AIR QUALITY: On the very night of one of Supervisor Simitian’s quarry town halls in Cupertino, there was a massive brown pollution cloud over the cement plant. As was typical, BAAQMD reported that it was a borderline case and there was no violation. My colleagues and I have lodged a variety of complaints over the years and no violation was recorded because BAAQMD staff was not there to observe the incident and refused to install inexpensive recording devices.

Over several years, I had begged BAAQMD to reduce dust from quarry-blasting. Dust was neither modeled nor measured because the Title V Air Permit statement of basis claimed all dust remained in the pit, which photographic evidence refuted. Staff committed to look into less invasive quarryblasting, but it never happened. The United States Geological Survey (USGS) lists these blasts on their online database. Some blasts shook homes within a 2.5 mile radius of the quarry and measured

2.4 magnitude. Additionally, in a phone call between the State Geologist, the late Bill Almon of Los Altos Hills, and myself, the State would not guarantee that these blasts along the onsite Berrocal Fault would be incapable of causing earthquakes within the San Andreas fault zone.

Within the past year or so BAAQMD staff, management, lead counsel, and head executive have retired.

DELIBERATELY SET FIRES: In 1993, 1999, and 2013 there were significant fires. The 1993 fire burned Kaiser Aluminum buildings which had been used during WWII for research and manufacturing of bombs. Kaiser Aluminum also received fines for the improper storage of hazardous materials. These deliberately set fires were a public nuisance to residents as they could smell the smoke and fire department resources were siphoned from other potential emergencies. Attached is the 2013 fire investigation report which provides insight into Lehigh’s corporate culture. 2 CRIMINAL CASES AGAINST FORMER LEHIGH MANAGERS: So why should we care about criminal cases against former Lehigh managers? Lehigh managers hired an unlicensed contractor for major drainage work and took kickbacks from that contractor. To my knowledge, there has been no verification from the County that this work was conducted in a workmanship-like manner. When valuating the land, the County should take into account that this work might need to be repaired. So far, one person has been sentenced to a year in county jail, while others are awaiting sentencing. The County press release is here: https://countyda.sccgov.org/news/news-release/former-managerpermanente-cement-plant-convicted-bribery For criminal cases, see C1922989, B1901033, B1902597, which are against 7 individuals and companies: The People of the State of California vs.

SABAWI, ALA SAMIR; RASCOM; INDUSTRIAL WORKFORCE INC.; SEGURA, ROBERT ANTHONY; YANEZ, JUAN PEDRO; Saffari, Mohammed Reza; and DELVALLEFAVELA, RICARDO. The attached court document provides insight into these cases.

EXAMPLES OF VIOLATIONS THAT THE COUNTY HAS NOT RECORDED:

1. Failure to conduct a wildlife survey prior to building the illegal 40-foot wide road that was built during bird-nesting season and destroyed approximately 56 trees (see:
https://www.cupertino.org/home/showdocument?id=23406)

2. Lehigh made major structural repairs to its cement silos that had been spalling without applying for building permits. Now the County has no visibility as to the structural work that has been done.

Spalling is when water gets into a concrete building and starts to rust the structural reinforced steel bars (rebar) which then expand and cause chunks of concrete to fall off of the building, potentially injuring people and damaging vehicles nearby.

3. Lehigh failed to report a 6 million gallon chlorinated water spill into Permanente Creek to the California State Office of Emergency Services (OES). The County is responsible for enforcement.

Consequently, there is no record of this spill in the OES database.

CUPERTINO COLLECTS PENALTIES FROM LEHIGH: The report leaves an inaccurate impression of fines paid to The City of Cupertino, “1 violation with 4 counts with an administrative citation fee of $100.” https://district5.sccgov.org/press-releases/county-issues-ten-year-compilationlehigh-violations Because I was shocked to read that Lehigh had paid Cupertino only $100, I put in an inquiry into Chad Mosley, Cupertino Assistant Director of Public Works/City Engineer. I have summarized below.

Lehigh has actually paid Cupertino over $150,000 in penalties and Lehigh has completed its restitution for tree replacement on site.
- Approximately $128K penalty fees paid for retroactive tree permit (tree permit would have been about $6K; the total permit was $134,946.) - Approximately $23K penalty fees paid for retroactive grading permit (grading permit would have been about $23K; the total permit was $46,494) Specifically, Lehigh has already planted 49 replacement trees on site per the Protected Tree Ordinance. (20x 36”-box Coast Live Oak, 1x 36”-box Interior Live Oak, 23x 24”-box Blue Oak, 5x 24”-box California Buckeye). The erosion issues have been repaired; the haul road reversion grading design has yet to be finalized.
3 HEIDELBERGCEMENT’S CHAIMAN COMMENTS ON LEHIGH PERMANENTE SITE:

Finally, please consider HeidelbergCement’s attitude toward our community as its Chairman Bernd Scheifele, commented on the Permanente quarry and cement plant during a financial analyst call 8/1/2017
“Heidelberg has the luxury to run 3 cement plants in a very nice part of North America in California. But California is not very friendly to heavy industry, meaning operation costs in California are extremely high because I think we spend -- or each year, at least 2 million or 3 million [EURO] for lawyers who fight the Sierra Club which I'm not sure whether you're aware, you know the Sierra Club, this is a kind of ecologist, grass-root movement in U.S. and they are trying to sue us on whatever is happening. So this is not an easy environment. Our cement plant in Permanente is based in Cupertino. We have an excellent view on the new Apple headquarter. So that's a very nice area. The problem is our neighbors are all these Silicon Valley freaks, these multimillionaires and they love if our trucks come and go from the cement plant, so that makes the whole operational environment a little bit difficult, but tells you a little bit about the intrinsic real estate value of that piece of property, I think it is about 2000 hectares or whatever. So it's a huge site.

And we had always problems to run the plant, also to find the right personnel, because it is for us extremely difficult to find a decent plant manager and production manager because living costs in Cupertino are sky high. That's the one part. So we have a little bit of people issue and the other point is we had an extremely wet weather and production problems. And to make a long story short, Heidelberg, we were aggressive. We finally decided to change plant management in a very broad range. We fired the plant manager, the production manager and the maintenance repair manager and brought 3 new guys in. And I'm watching the KPIs now with a lot of attention and our production volumes in May and June have already significantly improved. So we are now on a better trend. Some call it weather-related delays in production.

You can word it that way; that is nice. If you say it also, I would say it was a mix of weather and a little bit underperformance on the management side. And on the latter, the tolerance in Heidelberg is relatively low. That's why we moved now on the management side and we're confident that we will have a better run on the second half.” (HeidelbergCement Half-Year Financial Report January to June 2017 | Press Conference Call | Analyst Conference Call August 1 2017. Audio starts at 1:01:14 https://www.heidelbergcement.com/en/half-yearfinancial-report-january-to-june-2017-press-conference-call-analyst-conference-call) REQUESTS OF THE COUNTY:

1. The County should fine Lehigh for noticed violations

2. The County should require remediation for noticed violations

3. The County should notice violations that have not yet been noticed

4. The County should consider all property conditions when valuating the property. The EMSA should have completed reclamation by now, but silt continues to be removed from the EMSA. The reclamation plan does not include the Yeager Yard landslide, which could block the creek and cause a health/safety hazard to downstream homes. Remediation cost of the industrial site and railyard is unknown. The Financial Assurance Cost Estimate (FACE) is still likely too low. One big change came from taking $2.5M more in credits for recycling metals than previously.

5. The County must not allow the new Rock Plant to operate. Case law shows that it is not vested and it will create a deficit of rock for fill. Note that the only reason it got an air permit was because BAAQMD’s legal department asked staff to recalculate to lower the cancer risk.

Sincerely, Rhoda Fry
attached: Comparative labor-safety report, fire report, portion of criminal case

LEONIDOU & ROSIN
Professional Corporation
A. Robert Rosin (SBN 115245)
Patricia Walsh (SBN 121098)
777 Cuesta Drive, Suite 200
Mountain View, CA 94040
Telephone: 650-691-2888
Facsimile: 650-691-2889
Email: arrosinPaalr-law.corn, nwalshQalr-law.corn
Attorneys for Plaintiff
M. HERNANDEZ CONSTRUCTION, INC., dba

HERNANDEZ ENGINEERING
10 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA

IN AND FOR THE COUNTY OF SANTA CLARA
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 M. HERNANDEZ CONSTRUCTION, INC.,
dba HERNANDEZ ENGINEERING, a
California corporation,
Plaintiff,
vs.

LEHIGH SOUTHWEST CEMENT
COMPANY, a purported California
corporation;
ROBERT ANTHONY SEGURA, JR.,
individually and dba RASCOM;
SURETEC INDEMNITY COMPANY, a
purported California corporation; and
DOES I through 30, inclusive;
Defendants.
) Case No.: 17CV314983
)
)
) M. HERNANDEZ CONSTRUCTION)
)
INC.'S SETTLEMENT CONFERENCE
) STATEMENT
)
)
) Unlimited Jurisdiction
)
)
) Date: March 24, 2021
) Time: 9:00 a.m.
) Dept: 20
)
) Judge: Honorable Socrates P. Manoukian
)
) TRIAL DATE: APRIL 5, 2021
)
)
)
M. HERNANDEZ CONSTRUCTION, INC.'S SETTLEMENT CONFERENCE STATEMENT S IALRDOCS&3037SIS&00249237.DOCX
Electronically Filed
by Superior Court of CA,
County of Santa Clara,
on 3/16/2021 4:59 PM
Reviewed By: System System
Case #17CV314983
Envelope: 6046755
17CV314983
Santa Clara – Civil
System System
1 INTRODUCTION
2 M. Hernandez Construction, Inc. dba Hernandez Engineering ("Hernandez Engineering" 3 or "Hernandez"), a subcontractor, is owed $363,111.04 by defendant Robert A. Segura dba 4 RASCOM ("Segura"), inclusive of attorney's fees and interest. Segura admitted his liability for 5 the principal amount ofthe debt. (Exhibit 1.) Segura's obligation arises from a written subcontract 6 with Hernandez concerning the improvement of a cement plant at the Permanente Quarry in Cupertino. The project in question is known as the Storm Water Diversion Pipelines A, B, C, and g D (the "project").

PARTIES TO THIS LITIGATION
10 M. Hernandez Construction, Inc. dba Hernandez Engineering: Hernandez Engineering is represented by Patricia Walsh of Leonidou & Rosin Professional Corporation. 12 Robert Anthony Segura, Jr. dba RASCOM. Segura's sole proprietorship is represented 13 by Charles Pressman, Esq., of Fred Puglisi & Associates. 14 Hernandez has dismissed defendant Lehigh Southwest Cement Company, the project owner, and Suretec Indemnity Company, Segura's license bond surety. 16 BACKGROUND
17 Hernandez Engineering is a licensed engineering contractor. Hernandez Engineering lg enjoys a stellar reputation in the Bay Area, having decades of experience in public and private 19 works commercial and industrial construction. According to Lehigh's construction manager, 20 Golder Associates, Hernandez Engineering is one ofthe best contractors with whom Golder has 21 ever worked.
22 The Segura/Hernandez Engineering Subcontract
23 Robert A. Segura dba RASCOM executed a lump sum subcontract with Hernandez 24 Engineering on or about November 13, 2015. Segura advances the theory that the subcontract 25 with RASCOM, a corporation, but that is false. RASCOM was only licensed as a sole 26 proprietorship at all times relevant hereto. On the subcontract, Segura's CSLB license is listed 27 under Mr. Segura's signature as 1002061. When the parties executed their agreement, this license 2g was issued to a sole proprietorship. This is the only license that was active for an entity named 1 M. HERNANDEZ CONSTRUCTION, INCZS SETTLEMENT CONFERENCE STATEMENT S IALRDOCS&30373ISI00249237.DOCX
1 RASCOM when the subcontract was signed. RASCOM as a corporation did not become licensed 2 until years later. There is no basis for any contention by Mr. Segura that the subcontract is with 3 RASCOM, a corporation, Hernandez added RASCOM the corporation as a defendant at some 4 point but will dismiss it before trial.
5 Under the original subcontract, Hernandez Engineering agreed to furnish labor, materials, 6 equipment and services for the construction of a sediment basin, outlet box, and storm water 7 diversion pipelines A, B, C and D, at the Lehigh Cement Plant in Cupertino, for a price of 8 $497,000. The work was performed in accordance with plans prepared by Golder. The subconnact 9 price was increased in part by agreement for certain extra work performed by Hernandez that is 10 not the subject of this litigation, without the issuance of formal change orders.'egura paid 11 Hernandez for the original and certain extra work, all of which was completed in early 2016. 12 Except for the work here at issue, Segura paid Hernandez in full. 13 Directives to Hernandez Engineering to Perform the Unpaid Extra Work 14 During Hernandez Engineering's performance, there were many active projects ongoing at 15 the Plant. No other projects involved Hernandez Engineering, but many involved Segura. 16 Apparently due to the demands ofthe other work, Segura oAen was not available to discuss matters 17 concerning the subject project. With respect to the work at issue that took place in approximately 18 February, March and April 2016, Segura had become so busy with other work at the Lehigh Plant 19 that he told Mariano Hernandez, "just deal with Greg [Fedak]" (Golder's site superintendent). 20 Hernandez Engineering followed Segura's directive and performed the work now at issue as 21 Golder requested.
22 Segura's Promise to Pay for the Extra Work
23 Hernandez presented change order requests to Segura. Segura passed them on to Lehigh 24 and then met with Lehigh to negotiate a final amount. On June 15, 2016, Mr. Segura emailed Mr. 26 Hernandez to advise that he had reached a settlement with Lehigh whereby Lehigh agreed to pay 26 Segura $ 133,868.00 for Hernandez's work here at issue: "The eood news is that the negotiations 27 'The parties never followed and therefore waived the requirements of the change order procedures under the subcontract.
2 M. HERNANDEZ CONSTRUCTION, INC.'S SETTLEMENT CONFERENCE STATEMENT S IALRDOCS(30375&5&00249237.DOCX
are over. On vour orisinal extras that totaled $ 111k we anreed on 65,868. And on the second extras 2 that totaled $73k we anreed on $68k. That is final." (Exhibit 1.) Therefore, a principal sum owed of at 3 least $133,868 is not in dispute. Segura said he would pay Hernandez once the owner paid Segura, as is 4 customary in many construction projects.
5 Segura's Criminal Enterprise at Lehigh Stopped Payments for Work 6 Segura did not pay as promised. Lehigh refused to pay Segura further after discovering that he had 7 committed numerous acts of fraud upon Lehigh together with others (not Hernandez). That fraud is the 8 subject of an ongoing criminal complaint against Segura. (Exhibit 2.) Hernandez pressed Segura for 9 payment. Segura responded only that he had not been paid yet. (Exhibit 3,) 10 LEGAL ANALYSIS
11 Hernandez Engineering's Complaint
12 Hernandez Engineering filed its complaint against Lehigh and Segura in 2017. Against Segura, 13 Hernandez has alleged causes of action for quantum meruit, moneys due, account stated, and breach of 14 contract,
15 Segura's Liability to Hernandez
16 Segura's refusal to issue change orders to Hernandez for work that Segura authorized is a material 17 breach. C.G. Byson v. City ofLos Angeles (1957) 149 Cal. App. 2d 469 (failure to pay undisputed amounts 18 unless other work were performed at no charge constituted a material breach); Smith v. Empire Sanitary 19 District 127 Cal. App. 2d 63 (1954). Segura authorized Hernandez to take direction for his work from 20 Golder because Segura couldn't spare the time to administer the project as a competent contractor would 21 have done under these circumstances. If the principal clothes his agent with authority, a person dealing 22 with the agent, in the absence of any conduct on the part of either principal or agent warranting inquiry, is 23 entitled to rely upon that apparent authority. Myers v. Stephens (1965) 233 Cal. App. 2d 104. 24 The duty of good faith and fair dealing inherent in all contracts requires a party, when exercising 25 its rights under a contract, to act so as not to deprive the other party of the benefit of its bargain. Carma 26 Developers (California), Inc. v. Marathon Development California, Inc. (1992) 2 Cal. 4th; Third Story 27 Music, Inc. v, Waits (1995) 41 Cal. App. 4th 798, 808. "The essence of the good faith covenant is 28 objectively reasonable conduct." Lazar v. Hertz Corp. (1983) 143 Cal. App. 3d 128, 141. "A contract will 3 M. HERNANDEZ CONSTRUCTION, INC.'S SETTLEMENT CONFERENCE STATEMENT S IALRDOCSI3037SIS&00249237.DOCX
not be construed so as to place one party at the mercy of another." Yamanishi v. Bleily &i Collishaw, Inc. (1972) 29 Cal. App. 3d 457, 462-463. Segura allowed Golder to be his agent for the work at issue, and is liable for the work that he authorized through Golder. To hold otherwise is a breach ofthe duty of good faith and fair dealing.

Hernandez relied upon Segura's instructions and performed the work that Golder directed. Segura is estopped from disavowing a contractual relationship with Hernandez after the fact. "Whenever a party has, by his own statement or conduct, intentionally and deliberately led another to believe a particular thing true and to act upon such belief, he is not, in any litigation arising out of such statement or conduct, permitted to contradict it." Evidence Code $ 623; DRGIBeverly Hills, Ltd. v. Chopstix Dim Sum Cafe & 10 Takeout III, Ltd. (1994) 30 Cal. App. 4th 54, 60-61. An estoppel may arise although there was no designed fraud on the part ofthe person sought to be estopped. To create an equitable estoppel, "it is enough ifthe 12 party has been induced to refrain from using such means or taking such action as lay in his power, by which 13 he might have retrieved his position and saved himselffrom loss." Lantsy v. Centex Ho~es (2003) 31 Cal. 14 4th 363, 384.
15 Estoppel can be used in connection with disputes concerning interpretation of a contract, to bind 16 the party who induced detrimental reliance. Wilson v, Bailey (1937) 8 C. 2d 416 (party may be estopped 17 by its conduct to raise interpretation contrary to one held by the other party.) Here, Segura induced 18 Hernandez's detrimental reliance by authorizing Hernandez to proceed based upon direction from Golder. 19 Hernandez relied to its detriment upon Segura*s direction. Therefore, Segura will be estopped from refusing 20 to pay Hernandez Engineering.
21 Because Segura authorized Hernandez to accept direction for changes from Golder which resulted 22 in extra work, Hernandez is entitled to recover for the costs it incurred. Angeles Unified School Dist. v. 23 Great American Ins. Co. (2010) 49 Cal. 4th 739, 744; G. Voskanian Construction, Inc. v. Alhambra Unified 24 School Dist. (2012) 204 Cal. App. 4th 981; McIsaac & Menke v. Cardox Corp. (1961) 193 Cal. App. 2d 25 661, 666-68, 672; 1st Olympic Corp. v. Hawryluk(1960) 185 Cal. App. 2d 832, 841; C. F. Bolster Co. v. 26 J. C Boespflug etc. Co. (1959) 167 Cal. App. 2d 143, 150-151; Punton v. Sapp Bros. Constr. Co. (1956) 27 143 Cal. App. 2d 696, 701;
28 Civil Code Section 3300 prescribes the measure ofdamages for Segura's material breach ofcontract:
4 M. HERNANDEZ CONSTRUCTION, INC.'S SETTLEMENT CONFERENCE STATEMENT S:IALRDOCS&30373ISI00249237.DOCX
I
the amount which will compensate the party aggrieved [Hernandez Engineering] for 2 all the detriment proximately caused thereby, or which, in the ordinary course of 3 things, would be likely to result therefrom.
4 The "detriment" which Civil Code Section 3300 refers is the "loss or harm" that the 5 plaintiffsuffers. Civ. Code I'I 3282. Hernandez is entitled to all the benefits which it would 6 have obtained ifthe contract had been fully performed by both parties. Civ. Code (3 1512. 7 Segura therefore is entitled to recover for all of the detriment that Segura has caused, 8 including the costs associated with performing extra work. 9 The subcontract permits a prevailing party to recover its attorney's fees. 10 12
13 14
15 16

RECAP OF DAMAGES
Amount
$ 184,644.00
(C.C.P. I'I 3287(a).) 83,016.00
de $ 13 1032 et se .; 90,148.50
Damages
Work Order Total
Interest Qa,10% per Annum
Attorney's Fees (Civ. Co q
1717.)
Costs
Total Damages
5,302.54
$363 111 04

SETTLEMENT DISCUSSIONS
The parties mediated this case over a year ago with Brad Bening, Esq. Segura offered $20,000 in settlement. More recently, Segura's highest offer was $ 15,000. Hernandez's bottom line was $30,000, had that sum been paid without Hernandez incurring additional fees, such as to prepare for and attend this conference.
20 Dated: March 15, 2021
21 LEONIDOU & ROSIN
Professional Corporation
22 23
24 25
26 By
Patricia Walsh
Attorneys for Plaintiff
M. HERNANDEZ CONSTRUCTION, INC., dba

HERNANDEZ ENGINEERING
27 5
M. HERNANDEZ CONSTRUCTION, INC.'S SETTLEMENT CONFERENCE STATEMENT S:IALRDOCS&30375&5(00249237.DOCX
Exhibit Exhibit 1
Ir«& rf
Mariano Hernandez
From:

Sent:

Tor
Subject:

Robert Segura «rasjfgggtbgnwll.com&
rsfednssdsy, June 14 2018 6d9 PM
Medsrxf Hernandez
Re; Update on the Extras
Aminis making nie desperate every thing per pipeliee. so swill coinpiate and resubmit tomorr'ow. The goodnews Is that the negotlatiobs are over, On your priginal extras that totaled 111k we agreed on 65wg. turd on the second extras that totaled 83k we agreed on 68k . This ls final
Sent from my lphone
on Jun 16, 2016, at 406 piyt, Marlano Hernend'et &marisnnrahemander-eneineerinrccom& wroter Hi Robert,
would you update me on possible datesto receive payment for the extra work 9 Thanks
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Exhibit Exhibit 2

SUPERIOR COURT OF CALIFORNIA

COUNTY OF SANTA CLARA

PALO ALTO COURTHOUSE

THE PEOPLE OF THE STATE OF CALIFORNIA,
Plaintiff,
vs
DOCKET NOS. B1901033 (LEAD)
B1902597

CONSOLIDATED SECOND AMENDED

FELONY COMPLAINT

CASE SUMMARY
RICARDO DELVALLEFAVELA (08/26/1980),
940 HILL MEADOW DRIVE
MIDI.OTHIAN TX 76065
ALA SAMIR SABAWI (08/27/1974),
44528 SHADOWCREST DRIVE
LANCASTER CA 93536
MOHAMMED REZA SAFFARI (01/07/1969),
5680 STARBOARD DRIVE
DISCOVERY BAY CA 94505
ROBERT ANTHONY SEGURA (02/29/1968),
9012 LUBEC STREET
DOWNEY CA 90240

INDUSTRIAL WORKFORCE INC
4070 NORTH PALM STREET SUITE 703
FULLERTON CA 92835
RASCOM
4070 NORTH PALM STREET, SUITE 703
FULLERTON, CA 92835
JUAN PEDRO YANEZ (04/16/I 980),
17431 MORGAN'S LAKE DR CYPRESS TX 77433
DA NO: 190307212
Defendant(s).

CASE SUMMARY
Count Charge
I PC182(a)(4)
Charge Range Defendant
PC694 Ricardo Delvallefavela
Ala Sarnir Sabawi
Mohammed Reza Saffari
Robert Anthony Segura
Industrial Workforce Inc.

Rascom
Allegation Alleg. Effect
2 PC487(a) 16m-2y-3y Ricardo Delvallefavela .

Ala Samir Sabawi
Mohammed Reza Saffari
3 PC641.3(a) 8m
4 PC487(a) gm
8m
16m-2y-3y
Mohammed Reza Saffari
Ricardo Delvallefavela
Ala Samir Sabawi
Robert Anthony Segura
Industrial Workforce Inc.:

Raseem
5 PC641.3(a) gm Robert Anthony Segura
Industrial Workforce Inc.
6 PC641.3(a) 8m
7 PC641.3(a) 8m
8 PC641.3(a) 8m
Ricardo Delvallefavela
Ala Samir Sabawi
RobertAnthony Segura
Industrial Workforce Inc.

Ricardo Delvallefavela
Ala Samir Sabawi
9 PC641.3(a) 8m Robert Anthony Segura
Industrial Workforce Inc.
10 PC641.3(a) 8m Ricardo Delvallefavela
Ala Samir Sabawi
11 PC641.3(a) gm
12 PC641.3(a) gm
13 PC641.3(a) gm
14 PC641.3(a) gm
Robert Anthony Segura
Rascom
Ricardo Delvallefavela
Ala Sanur Sabawi
Robert Anthony Segura
Rsscorn
Ricardo Delvsllefavela
Ala Sanur Sabawi
15 PC641.3(a) gm
16 PC641,3(a) 8m
Robert Anthony Segura
Industrial Workforce inc.

Ricardo Delvallefavela
Ala Ssmir Sabawi
17 PC641.3(a) Sm Robert Anthony Segura
Industrial Workforce Inc.
18 PC641.3(a) Sm Ricanlo Delvallefavela
Ala Samir Sabawi
19 PC641.3(a) 8m Robert Anthony Segura
Industrial Workforce Inc.
20 PC641.3(a) 8m Ricardo Delvallefavela
Ala Samir Sabawi
21 PCI 82(a)(4) PC 694
PC 694
22 PC641.3(a) Sm
23 PC641.3(a) 16m-2y-3y
24 PC641.3(a) Sm
25 PC641.3(a) 8m
26 PC641.3(a) 8m
27 PC641,3(a) 8m
28 PC641.3(a) 8m
29 PC641.3(a) 8m
30 PC641.3(a) 8m
3'1 PC641.3(a) 8m
32 PC641,3(a) Sm
33 PC641.3(a) 8m
34 PC641.3(a) 8m
35 PC641.3(a) Sm
36 PC641.3(a) Sm
37 PC641,3(a) Sm
38 PC641.3(a) Sm
Robert Anthony Segura
Juan Pedro Yanez
Rob ert Anthony Segura
Juan Pedro Yanez
Robert Anthony Segura
Juan Pedro Yanez
Robert Anthony Segura
Juan Pedro Yanez
Robert Anthony Segura
Juan Pedro Yanez
Robert Anthony Segura
Juan Pedro Yanez
Robert Anthony Segura
Juan Pedro Yanez
Robert Anthony Segura
Juan Pedro Yanez
Robert Anthony Segura
Juan Pedro Yanez
Robert Anthony Segura
39 PC641.3(a) Sm
40 PC641 3(a) Sm
41 PC6419(a) Sm
42 PC641.3(a) Sm
43 PC641.3(a) Sm
Alleg.

Juan Pedm Yanez
Robert AnthonySegura.

Pedro Yanez "'uan
'Robert"Anthony Segora
Juan Pedrp Yanez
Ricardo Delvallefavela
Ala Samir Sabawi
Robert Aiithony
Segura„'n'dustrialWorkforce Inc.

Rascom.

PG186;I I(a)(3) I'year
State Prison
10y/120m SP
I Oy'/120m SP
16y/192m SP
10'Ay/124m
Ricardo Delvallefave!a.

Ala Samu'abawi
Robert Anthony Segura
Industrial Workforce Inc,
Rascom
Juan Pedro Ysnez

SUPERIOR COURT OF CALIFORNIA

COUNTY OF SANTA CLARA

PALO ALTO COURTHOUSE
THE PEOPLE OF THE STATE OF CALIFORNIA, DOCKET NOS. B1901033 (LEAD) Plaintiff, B1902597
vs.

RICARDO DELVALLEFAVELA (08/26/1980),
940 HILL MEADOW DRIVE
MIDLOTHIAN TX 76065
ALA SAMIR SABAWI (08/27/1974),
44528 SHADOWCREST DRIVE
LANCASTER CA 93536
MOHAMMED REZA SAFFARI (01/07/1 969),
5680 STARBOARD DRIVE
DISCOVERY BAY CA 94505
ROBERT ANTHONY SEGURA (02/29/1968),
9012 LUBEC STREET
DOWNEY CA 90240

INDUSTRIAL WORKFORCE INC
4070 NORTH PAI.M STREET SUITE 703
FULLERTON CA 92835
RASCOM
4070 NORTH PALM STREET, SUITS 703
FULLERTON, CA 92835
JUAN PEDRO YANEZ (04/1 6/1980),
17431 MORGAbPS LAKE DR CYPRESS TX 77433
Defendant(s).

CONSOLIDATED SECOND AMENDED

FELONY COMPLAINT
DANG: 190307212
~iiro
JUL - 8 20)g
Clerk of the Court supssor/hea sl ca coarser senla carl /
ass/sr
The undersigned is informed and believes that:

COUNT1
On or about and between June 23, 2015 and April 16, 2016, in the County of Santa Clara, State of California, the crime ofCONSPIRACY TO DEFRAUD PERSON OF PROPERTY OR OBTAIN MONEY AND PROPERTY BY'ALSE PRETENSES, in violation of PENAL CODE SECTION 182(a)(4), a Felony, was committed by who did conspire together and with ALA SAMIR SABAWI, RICARDO DELVALLEFAVELA, ROBERT ANTHONY SEGURA, JR., INDUSTRIAL WORKFORCE INC. and RASCOM to cheat and defraud a person, LEHIGH HANSON, INC., of property, and to obtain money and property by false pr'etenses and false promises with the Iraudulent intent to not perform those promises.

OVERT ACT 1
(CJIC-OTH) That thereafler, at and in the County ofSanta Clara, State ofCalifornia and in the furtherance ofthe conspiracy and to effect its object, ALA SAMIR SABAWI and RICARDO DELVALLEFAVELA, the cetnent plant's manager and assistant manager respectively, received kickbacks Rom ROBERT ANTHONY SEGURA, JR., the owner ofRASCOM and INDUSTIUAL WQRKFORCE INC ("IWI"), MOHAIED REZA SAFFARI, the owner ofADIA INDUSTRIAL SERVICES ("ADIA") on or about Juno 23, 2015 through April 16, 2016, trom work that they directed for LEHIGH HANSON, INCJs the Pennanente Cement Plant and Quarry to those thre~ vendor companies.

OVERT ACT 2
(CJIC-OTH) That thereafter, at and in the County ofSanta Clara, State ofCalifornia and in the furtherance ofthe conspiracy and to effect its object, ALA SAMIR SABAWI and RICARDO DELVALLEFAVELA on or about June 23, 2015 through April 16, 2016, provided othervendors'ids to enable RASCOM, IWI, and ADIA to maximize their bids while still being the lowest bid.

OVERT ACT 3
(CJIC-OTH) That thereafter, at and in the County of Santa C[aka, State ofCalifornia and in the furtherance o fthe conspiracy and to effect its object, ALA SAMIR SABAWI and RICARDO DELVALLEFAVELA on or about June 23, 2015 through April 16, 2016, convinced other LEHIGH HANSON, INC. personnel that RASCOM, IWI, or ADIA had specific skill sets so no alternative vendor could be used.

OVERT ACT 4
(CJIC-OTH) That thereafter, at and in the County ofSanta Clara, State ofCalifouna and in the furtherance ofthe conspiracy and to effect its object, ALA SAMiR SABAWI and RICARDO DELVALLEFAVELA on or about June 23, 2015 through April 16, 2016, approved inflated invoices by RASCOM, IWI and ADIA forjobs that were to be billed on a time and materials basis.

OVERT ACT 5
(CJIC-OTH) That thereaQer, at and in the County ofSanta Clara, State ofCalifornia and in the furtherance ofthe conspiracy and to effect its object, ALA SAMIR SABAWI and RICARDO DELVALLEFAVELA on or about June 23, 2015 thmugh April 16, 2016, tried to conceal the kickbacks by setting up a consulting company, C3S CONSULTING LLC, that had a separate bank account and email address, and invoiced the amount ofthe kickback payments to RASCOM, IWI, and ADIA, so that the payments appeared to be for legitimate work by that consulting company.

COUNT 2
On or about and between September 10, 2015 and April 16, 2016, in the County of Santa Clara, State of California, the crime ofGRAND THEFf OF PERSONAL PROPERTY OF A VALUE OVER NINE HUNDRED AND FIFTY DOLLARS, in violation ofPENAL CODE SECTION 487(a), a Felony, was committed by RICARDO DELVALLEFAVELA, ALA SAMIR SABAWI and MOHAMMED REZA SAFFARI who did unlawfully take personal property, money by way offalse and/or inflated invoices, of a value exceeding nine hundred and fifty dollars ($950.00), the property ofLEHIGH HANS ON, INC.

COUNT 3
On or about and between September 10, 2015 and April 16, 2016, in the County ofSanta Clara, State of California, the crime of COMMERCIAL BRIBERY BY PERSON OFFERING AND GIVING BRIBEVALUE EXCEEDING $ 1000.00, in violation ofPENAL CODE SECTION 641.3(a), a Felony, was cominitted byMO~D REZA SAFFARI who did, oft'er and give money by check, with a value exceeding one thousand dollars ($1,000), to an employee ofLEHIGH HANSON, INC., namely, ALA SAMIR SABAWI and RICARDO DELVALLEFAVELA, in return for that employee using and agreeing to use his or her position for the benefit ofMOHAMMED REZA SAFFARI AND ADIA INDUSTRIAL SERVICES.

COUNT4
On or about and between June 23, 2015 and January 25, 2016, in the County ofSanta Clara, State of California, the crime of GRAND THEFT OF PERSONAL PROPERTY OF A VALUE OVER PENE HUNDRED AND FIFTY DOLLARS, in viol ation ofPENAL CODE SECTION 487(a), a Felony, was committed by ALA SAMIR SABAWI, RICARDO DELVALLEFAVELA, ROBERT ANTHONY SEGURA, JR., INDUSTRIAL WORKFORCE INC. and RASCOM who did unlawfully take personal property, money byway offalse and/or inflated invoices, of a value exceeding nine hundred and fifty dollars ($950,00), the property ofLEHIGH HANSON, INC.

COUNTS
On or about June 23, 2015, in the County of Santa Clara, State of California, the crime of

COMMERCIAL BRIBERY BY PERSON OFFERING AND GIVING BRIBE - VALUE EXCEEDING $ 1000,00, in violation ofPENAL CODE SECTION 641.3(a), a Felony, was committed by ROBERT ANTHONY SEGURA, JR. and INDUSTRIAL WORKFORCE INC.
who did, offer and give money by check, with a value exceeding one thousand dollars ($ 1,000), to an employee ofLEHIGH HANSON, INC., namely, ALA SAMIR SABAWI and RICARDO DELVALLEFAVELA, in return for that employee using and agreeing to use his or her position for the benefit ofROBERT ANTHONY SEGURA, JR. and INDUSTRIAL WORKFORCE INC..

COUNT 6
On or about June 23, 2015, in the County of Santa Clara, State ofCalifornia, the crime of COMMERCIAL BRIBBRY BY EMPLOYEE - VALUE EXCEEDING $ 1,000.00, in violation of PENAL CODE SECTION 641.3(a), a Felony, was committed by RICARDO DELVALLEFAVELA and ALA SAMIR SABAWI, an employee ofLEHIGH HANSON, INC., who did, solicit, accept, and agree tc accept money by check, with a value exceeding one thousand dollars ($1,000), &om a person, other than his or her employer, namely, ROBERT ANTHONY SEGURA, JR. and INDUSTRIAL WORKFORCE INC. other than in trust for the employer, cormptly and without tbe knowledge and consent ofthe einployer, in return for using and agreeing to use his or her position for the benefit of ROBERT ANTHONY SEGURA, JR. and INDUSTRIAL WORKFORCE INC.

COUNT 7
On or about July 18, 2015, in the County of Santa Clara, State ofCalifornia, the crime of

COMMERCIAL BRIBERY BY PERSON OFFERING AND GIVING BRIBE - VALUE EXCEEDING $ 1000.00, in violation ofPENAL CODE SECTION 641.3(a), a Felony, was committed by ROBERT ANTHONY SEGURA, JR. snd INDUSTRIAL WORKFORCE INC., who did, offer and give money by check, with a value exceeding one thousand dollars ($ 1,000), to an employee ofLEHIGH HANSON, INC., namely, ALA SAMIR SABAWI and RICARDO DELVALLEFAVELA, in return for that employee using aod agreeing to use his or her position for the benefit ofROBERT ANTHONY SEGURA, JR. and INDUSTRIAL WORKFORCE INC.

COUNT 8
On or about July I S, 2015, iu the County of Santa Clara, State of California, the crime of COMMERCIAL BRIBERY BY EMPLOYEE - VALUE EXCEEDING $1,000.00, in violation of PENAL CODE SECTION 641.3(a), a Felony, was committed by RICARDO DELVALLEFAVELA and ALA SAMIR SABAWI, an employee ofLEHIGH HANSON, INC., who did, solicit, accept, and agree to accept money by check, with a value exceeding one thousand dollars ($1,000)i fium a person, other than his or her employer, namely, ROBERT ANTHONY SEGURA, JR. and INDUSTRIAL WORKFORCE INC. other than in trust for the employer, corruptly and without the knowledge and consent ofthe employer, in return for using and agreeing to use his or her position for the benefit of ROBERT ANTHONY SEGURA, JR. and INDUSTRIAL WORKFORCE INC.

COUNT9
On or about August 19, 2015, in the County ofSanta Clara, State ofCalifornia, the crime of

COMMERCIAL BRIBERY BY PERSON OFFERING AND GIVING BRIBE - VALUE EXCEEDING $ 1000.00, in violation ofPENAL CODE SECTION 641.3(a), a Felony, was committed by ROBERT ANTHONY SEGURA, JR. and INDUSTRIAL WORKFORCE INC., who did, offer and give inoney by check, with a value exceeding one thousand dollars ($ 1,000), to an employee ofLEHIGH HANS ON, INC., namely, ALA SAMIR SABAWIAND RICHARDO DELVALLEFAVELA, in return for that employee using and.agreeing to use his or her position for the benefit ofROBERT ANTHONY SEGURA, JR. and INDUSTRIAL WORKFORCF. INC.

COUNT 10
On or about August 19, 2015, in the County of Santa Clara, State ofCalifonua, the crime of COMMERCIAL BRIBERY BY EMPLOYEE - VALUE EXCEEDING $1,000.00, in violation of PENAL CODE SECTION 641.3(a), a Felony, was committed by RICARDO DELVALLEFAVELA and ALA SAMIR SABAWI, an employee ofLEIGH HANSON, INC„wbo did, solicit, accept, and agree to accept money by check, with a value exceeding one thousand dollars ($1,000), from a person, other than his or her employer, namely, ROBERT ANTHONY SEGURA, JR. and INDUSTRIAL WORKFORCE INC, other than in trust for the employer, corruptly and without the know'ledge and consent ofthe employer, in return for using and agreeing to use his or her position.for the benefit ofROBERT ANTHONY SEGVRA, JR. and INDUSTRIAL WORKFORCE INC.

COUNT 11
On or about September 18, 2015, in the County ofSanta Clara, State ofCalifornia, the crime of COMMERCIAL BRIBERY BY PERSON OFFERING AND GIVING BRIBE — VALUB EXCEEDING $ 1000.00, in violation ofPENAL CODE SECTION 641.3(a), a Felony, was committed by ROBERT ANTHONY SEGURA, JR. and RASCOM, who'did, offer and give money by check, with a value exceeding one thousand dollars ($ 1,000), to an employee ofLEHIGH HANSON, INC., namely, ALA SAMIR SABAWI and RICARDO DELVALLEFAVELA, in return for that employee using and agreeing to use his or her position for the benefit ofROBERT ANTHONY SEGURA, JR. and RASCOM.

COUNT 12
Ou or about September 18, 2015, in the County ofSanta Clara, State of California, the crime of COMMERCIAL BRIBERY BY EMPLOYEE — VALUE EXCEEDING $ 1,000.00, in violation of PENAL CODE SECTION 641.3(a), a Felony, was committed by RICARDO DELVALLEFAVELA and ALA SAMIR SABAWI, an employee ofLEHIGH HANSON, INC., who did, solicit, accept, and agree to accept money by check, with a value exceeding one thousand dollars ($1,000), finm a person, other than his or her employer, munely, ROBERT ANTHONY SEGURA, JR. and RASCOM other than in trust for the employer, corruptly and without the knowledge and consent ofthe employer, in return for using and agreeing to use his or her position furthe benefttofROBERT ANTHONY SEGURA, JR. and RASCOM.

COUNT 13
On or about November 13, 2015, in the County ofSanta Clara, State ofCalifornia, the crime of

COMMERCIAL BRIBERY BY PERSON OFFERING AND GIVING BRIBE - VALUE EXCEEDING $ 1000.00, in violation ofPENAL CODE SECTION 641.3(a), a Felony, was committed by ROBERT ANTHONY SEGURA, JR. and RASCOM, who did, offer and give money by check, with a value exceeding one thousand dollars ($1,000), to an employee oi'LEHIGH HANSON, INC., namely, ALA SAMIR SABAWI and RICARDO DELVALLEFAVELA, in return for that employee using and agreeing to use his or her position for the benefit of ROBERT ANTHONY SEGURA, JR. and RASCOM.

COUNT 14
On or about November 13, 2015, in the County ofSanta Clara, State ofCalifornia, the crime of COMMERCIAL BRIBERY BY EMPLOYEE - VALUE EXCEEDING $ 1,000.00, in violation of PENAL CODE SECTION 641.3(a), a Felony, was committed by RICARDO DELVALLEFAVELA and ALA SAMIR SABAWI, an employee of LEHIGH HANSON, INC., who did, solicit, accept, and agree to accept money by checlt, with a value exceeding one thousand dollars ($1,000), &om a person, other than his or her employer, namely, ROBERT ANTHONY SEGURA, JR. and RASCOM other than in trust for the employer, corruptly and without the knowledge and consent ofthe employer, in return for using and agreeing to use his or her position for the benefit ofROBERT ANTHONY SEGURA, JR. and

RASCOM,
COUNT 15
On or about December 9, 2015, in the County of Santa Clara, State ofCalifornia, the crime of

COMMERCIAL BRIBERY BY PERSON OFFERING AND GIVING BRIBE - VALUE EXCEEDING $ 1000 00, in violation ofPENAL CODE SECTION 641 3(a), a'Felony, was committed by ROBERT ANTHONY SEGURA, JR. and INDUSTRIAL WORKFORCE INC., who did, offer and give money by check, with a value exceeding one thousand dollars ($ 1,000), to an einployee ofLEHIGH HANSON, INC., namely, ALA SAMIR SABAWI and RICARDO DELVALLEFAVELA, in return for that employee using and agreeing to use his or her position for the benefi ofROBERT ANTHONY SEGURA, JR. and INDUSTRIAL WORKFORCE INC.

COUNT 16
On or about December 9, 2015, in the County of Santa Clara, State of California,
the crime of
COMMERCIAL BRIBERY BY EMPLOYEE - VALUE EXCEEDING $ 1,000.00, in violation of PENAL CODE SECTION 641.3(a), a Felony, was coinmitted by RICARDO DELVALLEFAVELA and ALA SAMIR SABAWI, an employee of LEHIGH HANSON, INC., who did, solicit, accept, and agree to accept money by cheek, with a value exceeding one thousand dollars ($1,000), fiom a person, other than his or her employer, namely, ROBERT ANTHONY SEGURA, JR. and INDUSTRIAL WORKFORCE INC. other than in trust for the employer, corruptly snd without the knowledge and consent ofthe employer, in return for using and agreeing to use his or her position for the benefit of ROBERT ANTHONY SEGURA, JR. and INDUSTRIAL WORKFORCE INC, COUNT 17
On or about December 27, 2015, in the County of Santa Clara, State ofCalifornia, the crime of

COMMERCIAL BRIBERY BY PERSON OFFERING AND GIVING BRIBE - VALUE EXCEEDING $ 1000.00, in violation of PENAL CODE SECTION 641.3(a), a Felony, was committed by ROBERT ANTHONY SEGURA, JR. and INDUSTRIAL WORKFORCE INC., who did, ofter and give money by check, with a value exceeding one thousand dol!ars ($ 1,000), to an employee ofLEHIGH HANS ON, INC., namely, ALA SAMIR SABAWI and RICARDO DELVALLEFAVELA, in return for that employee using and agreeing to use his or her position for the benefit ofROBERT ANTHONY SEGURA, JR. and INDUSTRIAL WORKFORCE INC.

COUNT 18
On or about December 27, 2015, in the County of Santa Clara, State of California, the crime of COMMERCIAL BRIBERY BY EMPLOYEE - VALUE EXCEEDING $ 1,000.00, in violation of PENAL CODE SECTION 641,3(a), a Felony, was committed by RICARDO DELVALLEFAVELA and ALA SAMIR SABAWI, an employee ofLEHIGH HANSON, INC., who did, solicit, accept, and agree to accept money by check, with a value exceeding one thousand dollars ($ 1,000), from a person, other than his or her employer, mnnely, ROBERT ANTHONY SEGURA, JR. and INDUSTRIAL WORKFORCE INC. other than in trust for the employer, corruptly snd without the knowledge and consent ofthe employer, in return for using and agreeing to use his or her position for the benefit of ROBERT ANTHONY SEGURA, JR. and INDUSTRIAL WORKFQRCE INC.

COUNT 19
Qn or aboutJanuary 25, 2016, in the County ofSanta Clara, State ofCalifornia, the crime of COMMERCIAL BRIBERY BY PERSON OFFERING AND GIVING BRIBE - VAI.UE EXCEEDING $1000.00; in violation of PENAL CODE SECTION 641.3(a), a Felony, was committed by ROBERT ANTHONY SEGURA, JR. and INDUSTRIAL WORKFORCE INC., who did, offer and give money by check, with a value exceeding one thousand doIlars ($1,000), to an employee ofLEHIGH HANSON, INC., namely, ALA SAMIR SABAWI and RICARDO DELVALLEFAVELA, in return for that employee using and agreeing to use his or her position for the benefit ofROBERT ANTHONY SEGURA, JR. and INDUSTRIAL WORKFORCE INC.

COUNT 20
On or about January 25, 2016, in the County of Santa Clara, State of California, the crime of COMMERCIAL BRIBERY BY EMPLOYEE - VALUE EXCEEDING $ 1,000.00, in violation of PENAL CODE SECTION 641.3(a), a Felony, was committed by RICARDO DELVALLEFAVELA snd ALA SAMIR SABAWI, an employee ofLEHIGH HANSON, INC., who did, solicit, accept, and agree to accept money by check, with a value exceeding one thousand dollars ($ 1,000), fium a person, other than his or her employer,-namely, ROBERT ANTHONY SEGURA, JR. and INDUSTRIAL WORKFORCE INC. other than in trust for the employer, corruptly and without the knowledge and consent ofthe employer, in return for using snd agreeing to use his or her position for the benefit of ROBERT ANTHONY SFGURA, JR. and INDUSTRIAL WORKFORCE INC.

COUNT 21
On or about and between September 14, 2015 snd June 16, 2016, in the County of Santa Clara, State of California, the crime ofCONSPIRACY TO DEFRAUD PERSON OF PROPERTY OR OBTAIN MONEY AND PROPERTY BY FALSE PRETENSES, in violation of PENAL CODE SECTION 182(a)(4), a Felony, was committed by ROBERT ANTHONY SEGURA AND JUAN PEDRO YANEZ who did conspire together and with others to cheat and defraud a person, LEHIGH HANSON, INC., of property, and to obtain money and property by fiilse pretenses and false promises with the Iiaudulent intent to not perform those promises.

OVERT ACT 1
(CJIC-OTH) That thereafter, at and in the County ofCounty of Santa Clara, State ofCalifornia and in the furtherance ofthe conspiracy and to effect its object, JUAN PEDRO YANEZ, the cement plant's maintenance manager, on or about on or about November 6, 2015 tlirough June 16, 2016, received bribes in the form ofchecks fium ROBERT ANTHONY SEGURA, JR. and vendor companies owned by ROBERT ANTHONY SEGURA, JR. forJUAN PEDRO YANEZ's approval ofwork done by those vendors for LEHIGH HANSON, INCJs the Permanente Cement Plant and Quarry by vendors ROBERT ANTHONY SFGURA, JR., including the approval of payments for that work..

COUNT 22
On or about September 14, 2015, in the County of Santa Clara, State ofCalifornia, the crime of

COMMERCIAL BRIBERY BY PERSON OFFERING AND GIVING BRIBE - VALUE EXCEEDING $ 1000.00, in violation ofPENAL CODE SECTION 641.3(a), a Felony, was committed byROBERT ANTHONY SEGURA who did, offer and give money by check, with a value exceeding one thousand dollars ($1,000), to an employee ofLEHIGH HANSON, INC., namely, JUAN PEDRO.YANEZ, in return for that employee using and agreeing to use his or her position for the benefit ofROBERT ANTHONY SEGURA, JR..

COUNT 23
On or about September 14, 2015, in the County of Santa Clara, State of California, the crime of COMMERCIAL BRIBERY BY EMPLOYEE - VALUE EXCEEDING $ 1,000.00, in violation of PENAL CODE SECTION 641.3(a), a Felony, was committed by JUAN PEDRO YANEZ, an employee ofLEHIGH HANSON, INC., who did, solicit, accept, and agree to accept money by check, with a value exceeding one thousand dollars ($ 1,000), froin a person, other than his or her employer, namely, ROBERT ANTHONY SEGURA, JR. other than in trust for the employer, corruptly and without the knowledge and consent ofthe employer, in return for using and agreeing to use his or her position for the benefit ofROBERT ANTHONY SEGURA, JR..

COUNT 24
On or about November 6, 2015, in the County of Santa Clara, State of California, the crime of

COMMERCIAL BRIBERY BY PERSON OFFERING AND GIVING BRIBE - VALUE EXCEEDING $ 1000 00, in violation of PENAL CODB SECTION 641.3(a), a Felony, was committed by ROBERT ANTHONY SEGURA who did, offer and give money by check, with a value exceeding one thousand dollars ($1,000), to an employee ofLEHIGH HANSON, INC., namely, JUAN PEDRO YANEZ, in return for that employee ~sing and agreeing to use his or her position forthe benefit ofROBERT ANTHONY SEGURA, JR..

COUNT. 25
On or about November 6, 2015, in the County of Santa Clara, State ofCalifornia, the crime of COMMERCIAL BRIBERY BY EMPLOYEE - VALUE EXCEEDING $ 1,000.00, in violation of PENAL CODE SECTION 641.3(a), a Felony, was committed by JUAN PEDRO YANEZ, an employee ofLEHIGH HANSON, INC., who did, solicit, accept, and agree to accept money by check, with a value exceeding one thousand dolltus ($ 1,000), &om a person, other than his or her employer, namely, ROBBRT ANTHONY SEGURA, JR. other than in trust for the employer, coauptly and without the knowledge and consent ofthe employer, in return for using and agreeing to use his or her position for the benefit ofROBERT ANTHONY SEGURA, JR..

COUNT 26
On or about December 3, 2015, in the County ofSanta Clara, State ofCalifornia, the crime of

COMMERCIAL BRIBERY BY PERSON OFFERING AND GIVING BRIBE - VALUE EXCEEDING $ 1000 00, in violation ofPENAL CODE SECTION 641.3(a), a Felony, was committed by ROBERT ANTHONY SEGURA who did, offer and give money by check, with a value exceeding one thousand dollars ($ 1,000), to an employee ofLEHIGH HANSON, INC., namely, JUAN PEDRO YANEZ, in return for that employee using and agreeing to use his or her position for the benefit ofROBERT ANTHONY SEGURA, JR..
10 COUNT 27
On or about December 3, 2015, in the County of Santa Clara, State ofCalifornia, the crime of COMMERCIAL BRIBFRY BY EMPLOYEE - VALUE EXCEEDING $ 1,000.00, in violation of PENAL CODE SECTION 6413(a), a Felony, was committed by JUAN PEDRO YANEZ, an employee of LEHIGH HANSON, INC., who did, solicit, accept, and agree to accept money by check, with a value exceeding one thousand dollars ($ 1,000), f'rom a person, other than his or her employer, namely, ROBERT ANTHONY SEGURA, JR. other than in trust for the employer, conuptly and without the knowledge and consent ofthe employer, in return for using and agreeing to use his or her position forthe benefit ofROBERT ANTHONY SEGURA, JR..

COUNT 2$
On or about December 22, 2015, in the County ofSanta Clara, State ofCalifornia, the crime of

COMMERCIAL BRIBERY BY PERSON OFFERING AND GIVING BRIBE - VALUE EXCEEDING $ 1000,00, in violation ofPENAL CODE SECTION 641.3(a), a Felony, was committed by ROBERT ANTHONY SEGURA who did, offer and give money by check, with a value exceeding one thousand dollars ($1,000), to an employee ofLEHIGH HANSON, INC., nainely, JUAN PEDRO YANEZ, in return for that employee using and agreeiug to use his or her position for the benefit ofROBERT ANTHONY SEGURA, JR..

COUNT 29
On or about December 22, 2015, in the County of Santa Clara, State ofCalifornia, the crime of COMMERCIAL BRIBERY BY EMPLOYEE - VALUE EXCEEDING $ 1,000.00, in violation of PENAL CODE SECTION 641.3(a), a Felony, was committed by JUAN PEDRO YANEZ, an employee ofLEHIGH HANSON, INC., who did, solicit, accept, and agree to accept money by check, with a value exceeding one thousand dollars ($ 1,000), &om a person, other than his or her employer, namely, ROBERT ANTHONY SEGURA, JR, other than in trust for the employer, corruptly and without the knowledge and consent ofthe employer, in return for using and agreeing to use his or her position for the benefit of ROBERT ANTHONY SEGURA, JR..

COUNT 30
On or about January 19, 2016, in the County of Santa Clara, State ofCalifornia, the crime of COMMERCIAL BRIBERY BY PERSON OFFERlNG AND GIVING BRIBE - VALUE EXCEEDING $ 1000.00, in violation ofPENAL CODE SECTION 641.3(a), a Felony, was committed by ROBERT ANTHONY SEGURA who did, offer and give money by check, with a value exceeding one thousand dollars ($ 1,000), to an employee ofLEHIGH HANSON, INC., namely,JUAN PEDRO YANEZ, in return for that employee using and agreeing to use his or her position for the benefit ofROBERT ANTHONY SEGURA, JR..

COUNT 31
On or about January 19, 2016, in the County of Santa Clara, State ofCalifornia, the crime of COMMERCIAL BRIBERY BY EMPLOYEE - VALUE EXCEEDING $ 1,000.00, in violation of PENAL CODE SECTION 641.3(a), a Felony, was committed by JUAN PEDRO YANEZ, an employee ofLEHIGH HANSON, INC., who did, solicit, accept, and agree to accept money by check, with a value exceeding one thousand dollars ($ 1,000), from a person, other than his or her employer, namely, ROBERT ANTHONY SEGURA, JR. other than in trust for the employer, corruptly and without the knowledge and consent ofthe employer, in return for using and agreeing to use his or her position for the benefit ofROBERT ANTHONY SEGURA, JR..

COUNT 32
On or about February 10, 2016, in the County of Santa Clara, State ofCalifornia, the crime of

COUNT 33
On or about February 10, 2016, in the County of Santa Clara, State ofCalifornia, the crime of COMMERCIAL BRIBERY BY EMPLOYEE - VALUE EXCEEDING $ 1,000.00, in violation of PENAL CODE SECTION 641.3(a), a Felony, was coinmitted by JUAN PEDRO YANEZ, an employee ofLEHIGH HANSON, INC., who did, solicit, accept, and agree to accept money by check, with a value exceeding one thousand dollars ($ 1,000), from a person, other than his or her employer, namely, ROBERT ANTHONY SEGURA, JR. other than in trust for the employer, corruptly and without the knowledge and consent ofthe employer, in return for using and agreeing to use his or her position for the benefit of ROBERT ANTHONY SEGURA, JR..
12 COUNT 34
On or about March 11, 2016, in the County ofSanta Clara, State of California, the crime of

COMMERCIAL BRIBERY BY PERSON OFFERING AND GIVING BRIBE - VALUE EXCEEDING $ 1000.00, in violation ofPENAL CODE SECTION 641.3(a), a Felony, was committed by ROBERT ANTHONY SEGURA who did, offer and give money by check, with a value exceeding one thousand dollars ($ 1000), to an employee ofLFHIGH HANSON, INC., namely, JUAN PEDRO YANEZ, in renun forthat employee using and agreeing to use his or her position for the benefit ofROBERT

ANTHONY SEGURA, JR,
COUNT 35
On or about March 11, 2016, in the County of Santa Clara, State ofCalifornia, the crime of COMMERCIAL BRIBERY BY EMPLOYEE - VALUE EXCEEDING $ 1,000.00, in violation of PENAL CODE SECTION 641.3(a), a Felony, was committed by JUAN PEDRO YANEZ, an employee of LEHIGH HANSON, INC., who did, solicit, accept, and agree to accept money by check,.with a value exceeding one thousand dollars ($ 1,000), fi'om a person, other. than his or 'her employer, namely, ROBERT ANTHONY SEGURA, JR. other than in trust for the employer, corruptly and without the knowledge and consent ofthe emp]oyer, in rehun for using and agreeing to use his or her position for the benefit ofROBERT ANTHONY SEGURA, JR..

COUNT 36
On or about April 14, 2016, in the County ofSanta Clara, State ofCalifornia, the crime of

COMMERCIAL BRIBERY BY PERSON OFFERING AND GIVING BRIBE - VALUE EXCEEDING $ 1000.00, in violation ofPENAL CODE SECTION 641.3(a), a Felony, was committed by ROBERT ANTHONY SEGURA who did, offer and give money by check, with a value exceeding one thousand dollars ($ 1,000), to an employee ofLEHIGH HANSON, INC., namely, JUAN PEDRO YANEZ, in return for that employee using and agreeing to use his or her position for the benefit ofROBERT ANTHONY SEGURA, JR..

COUNT 37
On or about April 14, 2016, in the County of Santa Clara, State of California, the crime of COMMERCIAL BRIBERY BY EMPLOYEE - VALUE EXCEEDING $ 1,000.00, in violation of PENAL CODE SECTION 641.3(a), a Felony, was committed by JUAN PEDRO YANEZ, an employee of LEHIGH HANSON, INC., who did, solicit, accept, and agree to accept money by check, with a value exceeding one thousand dollars ($ 1,000), from a person, other than his or her employer, namely, 13 ROBERT ANTHONY SEGURA, JR. other than in trust for the employer, corruptly and without the knowledge and consent ofthe employer, in return for using and agreeing to use his or her position for the benefit ofROBERT ANTHONY SEGURA, JR..

COUNT 38
On or about April 15, 2016, in the County of Santa Clara, State of California, the crime of

COMMERCIAL BRIBERY BY PERSON OFFERING AND GIVING BRIBE - VALUE EXCEEDING $ 1000,00, in violation ofPENAL CODE SECTION 641.3(a), a Felony, was committed by ROBERT ANTHONY SEGURA who did, offer and give money by check, with a value exceeding one thousand dollars ($ 1,000), to an employee ofLEHIGH HANSON, INC., namely, 'JUAN PEDRO YANEZ, in return for that employee using and agreeing to use his or her position for the benefit ofROBERT ANTHONY SEGURA, JR..

COUNT 39
On or about April 15, 2016, in the County ofSanta Clara, State of California,
the crime of
COMMERCIAL BRIBERY BY EMPLOYEE - VALUE EXCEEDING $ 1,000.00, in violation of PENAL CODE SECTION 641.3(a), a Felony, was coramitted by JUAN PEDRO YANEZ, an employee of LFHIGH HANSON, INC., who did, solicit, accept, and agree to accept money by check, with a value exceeding one thousand dollars ($ 1,000), &om a persorr, other than his or her employer, namely, ROBERT ANTHONY SEGURA, JR. other than in trust for the employer, conuptly and without the knowledge and consent ofthe employer, in return for using and agreeing to use his or her position for the benefit ofROBERT ANTHONY SEGURA, JR..

COUNT 40
On or about May 5, 2016, in the County of Santa Clara, State ofCalifornia, the crime of

COMMERCIAL BRIBERY BY FERSON OFFERING AND GIVING BRIBE - VALUE EXCEEDING $ 1000.00, in violation ofPENAL CODE SECTION 641.3(a), a Felony, was committed by ROBERT ANTHONY SEGURA who did, offer and give money by check, with a value exceeding one thousand dollars ($ 1,000), to an employee ofLEHIGH HANSON, INC„namely, JUAN PEDRO YANEZ, in return for that employee using and agreeing to use his or her position for the benefit ofROBERT ANTHONY SEGURA, JR„
14 COUNT 41
On or about May 5, 2016, in the County of Santa Clara, State ofCalifornia, the crime of COMMERCIAL BRIBERY BY EMPLOYEE — VALUE EXCEEDING $ 1,000.00, in violation of PENAL CODE SECTION 641.3(a), a Felony, was cotnmitted by JUAN PEDRO YANEZ, an employee ofLEHIGH HANSON, INC., who did, solicit, accept, and agree to accept money by check, with a value exceeding one thousand dollars ($1,000), fium a person, other than his or her employer, namely, ROBERT ANTHONY SEGURA, JR. other than in trust for the employer, corru'ptly and without the knowledge and consent ofthe employer, in return for using and agreeing to use his or her position for the benefit ofROBERT ANTHONY SEGURA, JR,.

COUNT 42
On or about June 16, 2016, in the County ofSanta Clara, State of California, the crime of COMMERCIAL BRIBERY BY PERSON OFFERlNG AND GIVING BRIBE - VALUE EXCEEDING $1000.00, in violation ofPENAL CODE SECTION 641.3(a), a Felony, was committed by ROBERT ANTHONY. SEGURA who did, offer and give money by check, with a value exceeding one thousand dollars ($ 1,000), to an employee ofLEHIGH HANSON, INC., namely, JUAN PEDRO YANEZ, in return for that employee using and agreeing to use his or her position for the benefit ofROBERT ANTHONY SEGURA, JR..

COUNT 43
On or about June 16, 2016; in the County ofSanta Clara, State of California, the crime of COMMERCIAL BRIBERY BY EMPLOYEE — VALUE EXCEEDING $ 1,000.00, in violation of PENAL CODE SECTION 6413(a), a Felony, was committed by JUAN PEDRO YANEZ, an employee ofLEHIGH HANS ON, INC., who did, solicit, accept, and agree to accept money by check, with a value exceeding one thousand dollars ($1,000); from a person, other than his or her employer, namely, ROBERT ANTHONY SEGURA, JR. other than in trust for the employer, corruptly and without the knowledge and consent ofthe employer, in return for using and agreeing to use his or her position for the benefit ofROBERT ANTHONY SEGURA, JR..

AGGRAVATED WHITE COLLAR CRIME ENHANCEMENT
It is further alleged that the felony crimes charged in Counts 1-20 are related, that a material element of the crimes is Iraud and embezzlement, that the crimes involve a pattern ofrelated felony conduct, and that the pattern ofrelated felony conduct by involves the taking ofmore than one hundred thousand 15 dogars ($ 100,000), but not more than five hundred thousand dofiars ($500,000) within the meaning of Penal Code sections 186.11(a)(1) and (a)(3).

Any defendant,'ncluding a juvenile, who is convicted of and pleads guilty and no contest to any felony offense, including any attempt to commit the offense, charged in this'omplaint or information is required to provide buccal swab samples, right thumbprints and a full palm print impression of each hand, and any blood speciinens or other biological samples required pursuant to the DNA and Forensic Identification Database and Data Bank Act of 1998 and Penal Code section 296, etseq.

Further, attached and incorporated by reference are officia reports and documents of a law enforcement agency which the complainant believes establish probable cause for the arrest and pretrial detention of defendant RICARDO DELVALLEFAVELA, ALA SAMIR SABAWI, ROBERT ANTHONY SEGURA, and JUAN PEDRO YANEZ for the above-listed crimes.

Complainant therefore requests that the defendant(s) be dealtwith according to law.

I certify under penalty ofperjury that the above is true snd correct.

MK.,
DANIEL
Deputy
~
(Sanford 0730153C)
Exhibit Exhibit 3
Rascon Walls Walls/Messages...
ates:6/27/2016 1:02:

No, unfortunately purchasing gave the job to a tola
lly new contractor, on Friday .

I'm here trying to ligh
tsstssooesr t it right now but I'm getting no where
Dates:7/1/2016 10:1322 AM
Hi Robert, Can you give me posible (Approximate)
dates for payment and information on sny thing tha
t I need to do on my end to make it happen? Is ther
e any thing (New projects) developing there7 Regs
res
Me
Dates:7/6/2016 9:49:09 AM
Hi Robert, Oid you get my email today, what do you
think7
Me
Dates:7/1 2/201 6 9:02I57 AM
30 of 37 1/9/2018, 11:37 AM
Rascon Walls file:///C:/Users/Chellie/Documents/Rascon Walls/Rascon Walls/Messages...

Hi Robert, Oid you get a chance to consider my req
uest?
Dates:7/12/2016 9:13:26 AM
+tsszssocssr
Yes I did Mariano, right now I'm waiting for Lehigh t
o release payment on my invoices from the big job
I did, which are 95 days old already .

I'm hoping tha
t they release them today but there is no guarantee
of that. But if and when they release my money I wi
II do something for you . But even then, your going
to have to do a LOT better then 1,300 dollars. I did
not put any money on top of your extras. So for you
to get paid asap and me to wait two months for the
money at no profit will not work for me.

Dates:7/1 2/2016 11;22: 56 AM
Can you give me a schedule of payment? I assume
that the invoice for 17.5K gotta be dose to be paid.

Are the other 2 invoices 60 day firm to be paid? Ho
w much you want to profit to make the advanced p
ayment?
Dates:7/1 2/2016 11:26:23 AM
+tsszsscossr
The 17.5 should come within the next 30 days and
the rest in about 68 days. Everyone is on net 75 no
w. There is no more net 55.

Dates:9/7/2016 5:31:10 PM
Hi Robert, I know you are a busy man. I will not tak
e much of your time I just need to know when I can
send a guy to pick up the check. Let me know. Tha
nks
Me
Dates:9/7/2016 5i43:20 PM
31 of 37 1/9/2015, 11:37 AM
Rsscon Walls Ble:///C:/Users/Chellie/Documents/Rsscon Walls/Rsscon WsllsrMesssges... et 5626500467
I'm having problems collecting money from Lehigh.

They have not paid me since July. I have to give th
sm 5 Irxtensive package on supporbng documentst
ron of bifsng hour~s They are going thru some hug Ni/1
e changes that are not friendly to me. So I will give
you an update next week
Dates:9/12/2016 5:39:27 PM
Hi Robert, Whet are the good news
Dates:9/1 3/2016 1:06:07 PM
No, read my last text
+4 5526500467
Dates;9/1 3/2016 1:06:23 PM
Hi Robert, Are we going to have our payment read
y to be picked up by middle of next week7 Let me k
now Thank you
Dates:9/1 3/2016 1:06t40 PM
+t5625500462
I'm having to sue Lshlgh for my money. So I'm goin
g to have to ask you for some patience
Dates:9/1 5/2016 1;52:26 PM
I need to talk to you, I lett you a couple of voice me
ssages. I'm being patient I just need to know what i
s the situation and a real time frame of when we ar
e going to get paid Please call me
Me
32 of 37 1/9/2018, 11:37 AM
Rascon Walls file:///C:/Users/Chellie/Documents/Rascon Walls/Rascon Walls/Messages...

Dates:9/1 5/2016 5:00:27 PM
I will call you tomorrow so that we can talk
+16626660467
Dates:9/1 6/2016 6:55:38 PM
Are you still going to call me7
Me
Dates:9/22/201 6 4:19:13 PM
Hi Robert, I left you a voice message Looking for st
atua of final payment. Inst week we agreed to talk t
his week Regards
Dates:9/22/2016 6:44:01 Rhlt
+16626666467
I spoke with my attorney today, he said that Lehigh
has not responded so he sent them an email today
around 3 pm. I will talk to him again tomorrow as m
y bank wants an update as well. Then I will getwith
you .

Dates:9/22/2016 7:05:01 PM
OK thanks look fonvard to hearing from you tomorr
Me
Dates:9/23/2016 6:20:48 PM
What is the good newe7
Me
33 of37 I/9/2018, 11:37 AM
Rascon Walls file:///C:/Users/Chellie/Documents/Rascon Walls/Rascon Walls/Messages...

Dates:9/26/2016 9:50:19 AM
M sszesoowr
Ag the pressure in the world ls not going to make L
ehigh move any quicker. I am not holding your mon
ey, Lehigh is. So I promise that as soon as they res
pond, I will update you and as soon es they pay I
will pay you. The continuous phone calls are simply
stressing you and I out So please let me notify yo
u when I have some news. Thank you for your cont
inued patience .

Dates:9/28/2016 3;28:36 PM
Any thing yety
Me
Dates:9/29/2016 5:49:45 PM
Anything yet7
Dates:9/29/2016 5:51:38 PM
etsstssocesr
I'e asked you kindly for patience„, you don't seem
to be doing well with that. So once again, as soon
as I get news, I will convey it to you. I am not holdin g your money. Lehigh is.

Dater.10/5/2016 7:47:19 AM
Robert I need an update at least once a week regs
rding the status of the situation regardless ifsomet
hing is happening or not, otherwise I get really nerv
ous. And start thinking about legal adios. So pleas
e do the best you can to inform me like I said regar
dless if something is moving or not Thank you and
good luck
Me
34 of 37 1/9/2018, 11:37 AM
I released final settlement on 07/1 2/2016 for payment.

Regards,
Amln Ghamsari, PMP
Projects Manager,
Lehish southwest cement Company
Permanente Plant
24001 Stevens Creek Blvd.

Cupertino, CA 96014
Phone: (406) 996-4019
Cell: (406) 202-0080
Amin.shamsari-EsrahaniretehiehHanson.com
From: )viarlano Hernandez [mal)to:marlanordhernandez-enoineerino.corn] Sent: Wednesday, October 05, 2016 2:51 PM
To: Ghamsarl-Esfahani, Amin (Cupertino) USA
Subject: FW: Payment (Storm Water Diversion Plpellnes A, 6, C, and D Amln,
In middle ofJune/2016 Mr. Segura and you met to settle in all the (Extra Work) for this particular project. According with the last conversation with Mr. Segura the final agreement for our extra work was 5 133,868.00 (one for 4 65,868.00 and the second one for 5 68,000.00) this is the money that we are looking for. As you can see in the email below from Rebekah (IWI) last payment was made early May 2016. Can you let me know when the extra work was released for payment on your side? Because if you approved it, let's say end ofJune/2016 plus 75 days per your payment policy, payment should have been done mid-September 2016. Any information about this will be greatly appreciated.

Thank you
From: Marlano Hernandez
Sent: Wednesday, September 28, 2016 10i47 AM
To: '[email protected]'amin.ehamsari-esfahaniraleiehhanson.corn& Cc: Fedak, Greg &pree fedaktaeolder.corn&
Subject: Payment (Storm Water Diversion Pipelines A, 8, C, and D Hi Amin,
I'm Mariano Hernandez CEO of Hernandez Engineering. I'm writing to inform you that our firm built the project Storm Water Diversion Pipelines A, B, C, and D. I assume that the middle man was RASCOM we finished the project but we had not been paid in full. RASCOM still owed us close to 150K. Mr. Segura claims that the reason He has not paid us is because Leigh has not paid RASCOM in full for that particular project. If at all possible I would like to stop by your office any day (you choose) next week to have an informal chat/meeting so you may feed me with the particulars on the situation?.

Please reply at your earliest convenience.

Regards

PROOF OF SERVICE
I am a resident ofthe State of California, over the age of eighteen years, and not a party to the within action. My business address is Leonidou & Rosin, 777 Cuesta Drive, Suite 200, Mountain View, CA 94040. On March 16, 2021, I served the within documents:

M. HERNANDEZ CONSTRUCTION, INC.)S SETTLEMENT

CONFERENCE STATEMENT
by electronically serving the above-referenced document(s) through One Legal, LLC and/or File and ServeXpress, an e-filing provider for Santa Clara County Superior Court. E-service in this action was completed on all parties listed on the service list with the Court. This service complies with the Court's order in this case.
10 12
13 14
15 16
17 David H. Pierce, Esq.

Charles A. Pressman, Esq.

David H. Pierce & Associates PC
15260 Ventura Boulevard, Suite 730
Sherman Oaks, CA 91403-3501
Tel: (818) 826-5480
Fax: (818) 826-5486
Emails: dpierce dhpierce. corn
coressman&a.dhoierce.corn
~ Attorneys for Defendant and Cross-Defendant ROBERT ANTHONY SEGURA, JR. individually and dba RASCOM and Defendant
RASCOM, a corporation
18 19
20 21
I declare that I am employed in the office of a member ofthe bar ofthis court at whose direction the service was made. I declare under penalty of perjury under the laws ofthe State of California that the above is true and correct.

Executed on March 16, 2021, at Mountain View,
California.
22 23
24 25
Pernilla Hansson
26 27
28 S0ALRDOCSI30375I5'i00249255.DOCX
I

PROOF OF SERVICE
Cement Plant in Cupertino – Most Hazardous in California Lehigh Hanson HeidelbergCement Group
The Lehigh Hanson cement plant and quarry in Santa Clara County, Cupertino, owned by HeidelbergCement Group of Germany, have a chronic history of Mining Safety and Health Administration (MSHA) violations. 1 For the past decade,
the facility has been fined over $2.2 million by MSHA, accounting for 39% of all MSHA proposed fines among California’s 8 cement plants. Lehigh Cupertino received 26 times more proposed fines than CEMEX Victorville, which had only 16% fewer hours worked.2 The table below lists California cement plants in order of the average number of hours worked, demonstrating that when it comes to labor safety, size does not matter. As measured by fines, the three Lehigh cement plants are among the most unsafe in California with Lehigh Cupertino as California’s most hazardous cement plant.

While MSHA’s goal is to prevent death, illness, and injury from mining and promote safe and healthful workplaces for U.S. miners, compliance at Lehigh Cupertino remains elusive. Documented injuries and fatalities among 24 miners and 96 plant workers (per 2018 DOL) include: rash on arms and legs from shoveling cement dust; 2nd and 3rd degree burns on legs from raw meal; burns on 15% of upper extremities from clinker; burns on head and hand from checking plug; inhalation injuries of 5 people; inundation of gases requiring evacuation; people trapped in elevator at least 5 times for over an hour; injury after elevator suddenly dropped 3 to 4 feet; broken and crushed feet requiring surgery; hand injuries requiring stitches; face injuries from flying objects causing lacerations and knocked out teeth; eye injuries; multiple fires; and driver killed in truck on fire after a loader ran into it. Not included in the MSHA database are the 2017 fatality and the 2011 massacre that killed four people and injured seven, including a woman who was not affiliated with Lehigh.
“A mine that considers egregious violation records a cost of doing business” -- MSHA3 Additionally, workers are exposed to hazards including industrial and naturally-occurring contaminants detected at elevated levels in soils and cement kiln dust: arsenic, beryllium, cadmium, chromium, lead, mercury, PCBs, and selenium.4In 2015, the EPA found that Lehigh Cupertino failed to report toxic chemicals, such as 169,000 lbs of chromium compounds manufactured, processed, or released, exposing workers and emergency response teams to unknown safety hazards. The EPA settlement agreement included a donation of emergency response equipment such as 12 hazmat suits to the Santa Clara County Fire Department. 5 In 2019, MSHA levied Lehigh Cupertino with 167 citations and orders: 3 violations related to inadequate safety-training and 13 violations were “significant and substantial,” meaning that a hazard had a reasonable likelihood of causing serious injury. Fatalities, injuries, hundreds of fines, citations, orders, safeguards, warnings of imminent danger and of placing untrained miners in harm’s way, have not made the plant any safer. In fact, MSHA fines have increased by ten times between 2017/2019 and 2014/2016. “The location in Cupertino is filthy, probably unhealthy, and most certainly dangerous” -- former employee6

1 Mine Data Retrieval System (MDRS): arlweb.msha.gov/drs/drshome.htm; see also OSHA: www.osha.gov/pls/imis/establishment.html 2 Even when not counting the two worst years for each cement plant, Lehigh Cupertino remains at 39% of all MSHA fines. Actual numbers on table from MDRS in thousands are: $192; $165; $2,214; $211; $986; $83, $920; $870 3 MSHA News Release, December 2010, submitted to County Board of Supervisors, pdf page 5 www.sccgov.org/sites/dpd/DocsForms/Documents/Lehigh_BOS_20110301_PublicCommentResponses.pdf 4 Midpeninsula Regional Open Space District appeal letter to the County 2012 and EPA site assessment. pdf pages 6 and 45 www.sccgov.org/sites/dpd/DocsForms/Documents/Lehigh_BOS_20120626_Appeal_MROSD.pdf 5 EPA News Release, “U.S. EPA requires Cupertino cement company to report toxic chemicals, commit to environmental projects” 9/22/15 archive.epa.gov/epa/newsreleases/us-epa-requires-cupertino-cement-company-report-toxic-chemicals-commit-environmental.html 6 Quotation from Lehigh Hanson Cupertino employee from indeed.com www.indeed.com/cmp/Lehigh-Hanson/reviews?fcountry=US&floc=Cupertino%2C+CA Lehigh Hanson Cupertino Hires Non-Union Out-of-State Labor Lehigh hired Turner Mining Group, a non-union out-of-state company, to do major projects at Lehigh instead of hiring union local labor at area standard wages.
7 While working at Lehigh Cupertino, Turner Construction, a company affiliated with Turner Mining Group, landed in court for allegedly failing to pay minimum wages for work performed off-the-clock or overtime wages, failing to provide meal and rest breaks, failing to provide proper wage statements and other counts.8 Lehigh Hanson Cupertino Labor-Safety Fines Have Increased by nearly 10X The Mining Safety and Health Administration (MSHA) has levied nearly 10 times more in proposed labor-safety penalties to Lehigh Hanson Cupertino in the past three years ($1,433,573) as compared with the previous three years ($137,583). 9 OSHA fines are also listed below; there was a $93,000 fatality fine in 2017. 10 Year/quarter 2019 2018 2017 2016 2015 2014
MSHA Penalty $377,969 $178,522 $877,082 $20,822 $48,406 $78,355 OSHA Penalty -- case open $94,130 -- $23,000 $1,575
Lehigh Hanson Cupertino Arson and Suspicious Fires
- 2013 Arson Fire destroyed 4 large dump trucks deliberately set on fire with unknown ignition device. 10 Santa Clara County Fire apparatus dispatched with a total of 32 personnel over an 11 hour time period. $7M property damage. - 1999 Suspicious Fire burned big rig and spread fire to wildland. 4 Santa Clara County Fire apparatus and California Department of Forestry apparatus.
- 1993 Arson Fire destroyed 22,500 sq. ft. of buildings set on fire with an incendiary device. Santa Clara County Fire Department onsite for 7 hours with 10 apparatus and 25 personnel. Apparatus from other fire departments (including helicopters) and the Stevens Creek Volunteer Fire Department.

Lehigh Hanson Cupertino is Out of Compliance with the Federal Clean Air Act and the Clean Water Act11 and is one of California’s Largest Air Polluters
In the State of California, Lehigh Hanson Cupertino is #2 for Sulfur Oxides, #3 for Hydrochloric Acid, #6 for VOCs, #7 for Nitrogen Oxides, and more.
12 Lehigh Cupertino pays the California Air Resources Board over $750,000 every year in fees for non-attainment pollution. Only two refineries, Chevron in Richmond and Shell in Martinez paid more to pollute.

Lehigh could choose to emit less pollution, but operates under older, more lenient, cement plant emission rules.13 Lehigh Hanson Cupertino emits at least 18 Toxic Air Contaminants (TACs) above Chronic Trigger Levels and is #1 in Santa Clara County for 13 Toxic Air Contaminants (TACs) Lehigh is the Top Polluter in Santa Clara County of 1,3-butadiene, Acetaldehyde, Ammonia, Arsenic, Benzene, Cadmium, Chlorinated dioxins & furans (TCDD), Hydrogen Chloride (HCl), Manganese, Mercury, Naphthalene, Nickel, PAHs (benzo[a]pyrene equiv), and Polychlorinated biphenyl (PCB). Major Polluter in Santa Clara County of Beryllium, Hexavalent Chromium, Diesel Exhaust Particulate Matter (not including truck traffic), and Formaldehyde.14 Lehigh Hanson Cupertino Land Use and Water Violations
In 2018, the County issued an NOV for building an illegal 40-foot wide road.15 In 2019, the County and Water Board issued Notices of Violation (NOV) for sediment in Permanente Creek.16,17 Lehigh also failed water quality objectives.

Does Lehigh Hanson Cupertino Offer Respiratory Equipment or Showers for Their Employees?

7 Turner Mining Group website shows illegal road being built between the Lehigh Hanson Permanente Quarry and Stevens Creek Quarry turnermining.com/projects/lehigh-cement-ca/
8 Reformado, Wadi. Northern California Record, Former employee alleges Turner Contracting Inc. violated state labor codes. June 27, 2017. norcalrecord.com/stories/511130902-former-employee-alleges-turner-contracting-inc-violated-state-labor-codes 9 Mining Safety and Health Administration (MSHA) database arlweb.msha.gov/drs/drshome.htm 10 Occupational Safety and Health Administration (MSHA) database osha.gov/pls/imis/establishment.html 11 EPA Enforcement and Compliance History Online echo.epa.gov 12 California Air Resources Board Mapping Tool 2016 ww3.arb.ca.gov/ei/tools/pollution_map/# 13 Nonvehicular Source Fees 2016/17, Consumer Products and Architectural Coatings Fees ww3.arb.ca.gov/ei/nscpac_fees/nscpac_fees.htm 14 Bay Area Air Quality Management District. “Toxic Inventory for 2016 Sorted by County by City by Plant Name Emissions above Regulation 2, Rule 5 (version 1/6/2010) Chronic Trigger Levels in Table 2-5-1/” excel file:
www.baaqmd.gov/~/media/files/engineering/air-toxics-annual-report/2016/2016_toxic_annual_report-xlsx.xlsx?la=en 15 County NOV 2018 www.sccgov.org/sites/dpd/DocsForms/Documents/2250_NOV_20180817.pdf 16 County NOV 2019 www.sccgov.org/sites/dpd/DocsForms/Documents/PLN19_2250_NOV_20190613.pdf 17 Water Boards NOV 2018 www.losaltosonline.com/news/sections/news/297-news-features/60501-lehigh-faces-water-board-countyviolations-for-permanente-creek-pollution From: Jin Hui Bai
To: City Clerk
Subject: Oral Communications
Date: Tuesday, June 7, 2022 7:10:46 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Dear City Council:

I have watched the Cupertino Planning Commission meetings and the Housing Element Strategic Advisory Committee meetings for the past several months.

I appreciate the transparency of these meetings and the ability for residents to voice their suggestions and concerns on the Housing Element.

I was especially pleased to see the RHNA Site Selection return to the Planning Commission on May 24th for a second round of discussion, only made possible by the delay in the Site Selection being discussed by the City Council.

It was also helpful to have the excellent presentation on transportation by Planning Commission Chair Scharf on May 24th, and the agreement by Luke Connolly, at the June 6th Strategic Advisory Committee meeting, that transportation issues be included in the AFFH survey that the City is preparing. Transportation is a vital concern of low-income residents that cannot remote-work.

Planning Commission Chair Scharf, and Strategic Advisory Committee Chair Moore have run their meetings in an exemplary manner with plenty of opportunity for members of the public to speak. But it is clear that everyone is frustrated by the slow progress.

The delays in Cupertino’s sixth cycle Housing Element are inexcusable. These delays are caused by a lack of expeditious work by EMC and Cupertino’s Planning Department. In every meeting, when the chairs of the Planning Commission and Strategic Advisory Committee try to expedite the process they are told that further delays are necessary, but without any explanation as to the cause of these delays, only vague excuses. This is upsetting to members of the public, especially those that have agreed to have their properties be included as Housing Element Sites.

The Housing Element process is moving along much too slowly. Other cities in the region already have their draft Housing Elements completed. It will be difficult for the Planning Commission and the City Council to make up for the delays being caused by EMC and the Planning Department.

The Mayor and City Manager need to step in and work with both EMC and the Planning Department to speed things up. These delays are unreasonable, unacceptable, and inexcusable.

Thank You
Jin Hui Bai
18 year Cupertino Resident
From: Connie Cunningham
To: City Clerk; City Council
Subject: Oral Communications, Please read, Connie Cunningham June 7, 2022 City Council Date: Tuesday, June 7, 2022 4:31:41 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Dear Mayor, Vice-Mayor and Councilmembers:

Below is the email that I sent to the Planning Commission on Tuesday, May 24, 2022 regarding the Study Session that night on the Housing Element. My main point is that expecting City Staff and Consultant EMC to make up the time for the delays caused by the Planning Commission and other Committees, plus the City Council have now passed from being unreasonable to being unacceptable. I can say the same thing for the FY 2022-23 City Work Plan. The Work Plan process and CIP process all impact the budget preparation process.

I repeat: The delays caused by the Planning Commission and other Committees, plus the City Council have now passed from being unreasonable to being unacceptable.

Sincerely,
Connie Cunningham
Resident 34 years
Housing Commission (self only)
*******************************
Prior May 24 email to Planning Commission
[email protected]
PC Agenda Item 1, Fourth Study Session on the Housing Element Dear Chair Scharf and Planning Commissioners:

I am disappointed with the delay in the Housing Element process that is occurring tonight.

Why has the Planning Commission decided to discuss the Site Selection again? At the April 26, 2022 Planning Commission meeting, there was a robust discussion of the Site Inventory, with many ideas presented by the public as well as the Commissioners. The conclusion was to forward this action to the City Council.

Expecting City Staff and Consultant EMC to make up the time for this delay and other delays has passed from being unreasonable to being unacceptable.

Sincerely,
Connie Cunningham
Housing Commission (self only)
****************************
From: Kirsten Squarcia
To: Tej Kohli
Cc: City Clerk
Subject: Re: Resident would like to present this during Oral Communications Date: Tuesday, June 7, 2022 8:04:14 AM
Attachments: Lot Split Prelim 21411 Columbus.pdf
Good morning, your presentation has been received. I will have it queued up and ready to present during Oral Communications. Be sure to raise your hand once the Mayor has announced this part of the meeting. You will be placed in the queue and called on to speak in the order that your hand was raised. Regards, Kirsten
Kirsten Squarcia
City Clerk
City Manager's Office
[email protected]
(408) 777-3225
On Jun 6, 2022, at 9:49 PM, Tej Kohli <[email protected]> wrote:

CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Hi:

The topic is SB9
Lot SPlit fo 21411 Columbus Ave, Cupertino, CA 95014
Tej and Nitu Kohli have registered to speak. Some of my neighbors will also join us.

Thanks
Tej
CC 06-07-2022
Study Session Item No. 1
Community Grant Funding
Program
Written Communications
From: Kirsten Squarcia
To: Kitty Moore
Cc: City Clerk
Subject: RE: June 7, 2022 Written Communications Agenda Item 1 Date: Tuesday, June 7, 2022 1:42:27 PM
Attachments: Festival Fee WaiversPRR.pdf
CommunitySpecialEventsinMe.pdf
ApplicationFiscalYear20222.pdf
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Good afternoon Kitty, your comments will be included in the written communications for the June 7, 2022 City Council Study Session Item 1.

Regards, Kirsten
Kirsten Squarcia
City Clerk
City Manager's Office
[email protected]
(408) 777-3225
From: Kitty Moore <[email protected]>
Sent: Tuesday, June 7, 2022 1:37 PM
To: Kirsten Squarcia <[email protected]>
Subject: June 7, 2022 Written Communications Agenda Item 1 CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Hi Kirsten,
Please include the following attachments for Item 1:

Festival Fee Waivers PRR for 2015-2021
Festival Application FY 2022, showing Council approval needed for fee waiver and that the fees waived are approved with the Budget.

Community Special Events at Memorial Park Policy
ILG Using Public Resources for Gifts and Charitable Purposes Thank you,
Kitty Moore
1 Kirsten Squarcia
From: Kitty Moore <[email protected]>
Sent: Tuesday, June 7, 2022 1:37 PM
To: Kirsten Squarcia
Subject: June 7, 2022 Written Communications Agenda Item 1 Attachments: Festival Fee WaiversPRR.pdf; CommunitySpecialEventsinMe.pdf; ApplicationFiscalYear20222.pdf; formatted_using_public_resources_for_gifts_and_charitable_purposeskj_0.pdf CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Hi Kirsten,
Please include the following attachments for Item 1:
 Festival Fee Waivers PRR for 2015‐2021
 Festival Application FY 2022, showing Council approval needed for fee waiver and that the fees waived are approved with the Budget.
 Community Special Events at Memorial Park Policy
 ILG Using Public Resources for Gifts and Charitable Purposes Thank you,
Kitty Moore

CITY OF CUPERTINO
Community Festival
Information & Application
Submit Applications to:

Cupertino Parks and Recreation Department
Attention: Events Coordinator, Recreation Coordinator
10185 N. Stelling Road
Cupertino, CA 95014
Telephone: (408) 777-3120
Email: [email protected]
Website: www.cupertino.org/events

CONTENTS
I. FESTIVALS AND CRITERIA ……..……………….……………………………………………………………………………………………………………….. 1 II. APPLICATION MATERIALS ….……………………………………………..………….……………………………………………..…………………………. 1 III. FEE WAIVER/SPONSORSHIP………………………………………………………………………………………………………………………………..…... 2 IV. FEES AND SECURITY DEPOSIT……….………………………………………………………………………………………………..…………………….…. 2 V. EVENT AUTHORIZATION AND EVENT PERMIT……………………………………………………………………………………………………………2 VI. TIMELINE FOR APPROVAL……………………………………………………………………………………………………………………..………………... 3 VII. PRE-EVENT AND POST-EVENT MEETINGS….…………………………………………………………………………………………..……………….…3 VIII. PERMIT REQUIREMENTS………………………………….…………………………………………………………………………..…………………….…… 3 IX. FOOD PERMIT REQUIREMENTS………………………………………………..…………………………………………………………………………...… 4 X. INSURANCE REQUIREMENTS…………………………………………………………………………………………………………………..………….…… 4 XI. NEIGHBORHOOD NOTIFICATION ……………………………………………………………………………………………………………………..….…. 4 XII. AMPLIFIED SOUND…………………………………………………………………………………………………………………………….……..………….… 4 XIII. PARKING & ALTERNATIVE TRANSPORTATION…………………………………………………………………………………………….………..…..4 XIV. STREET CLOSURES……………………..……………………………………………………………………………………………………………...……………..5 XV. SHERIFF DEPUTIES………….……………………………………………………………………………………………………………………..…….………….. 5 XVI. PORTABLE TOILETS……………………………………………………………………………………………………………………………..………….….……. 5 XVII. GREEN EVENT…………………………………………………………………………………………………………………………………..………….……………5 XVIII. CLEANUP ……………………………………………………………….…………………………………………………………..……………………….………….. 6 XIX. VENDOR GUIDELINLES……………………………………………………………………………….…………………………………..……………..…….….. 6 XX. MARKETING ……………………………………………..……………………………………………………………………….…………………………….………7 XXI. BILLING …………………………………………………………………………………………………………………………………………………….……………..7 XXII. CONTACT REFERENCE GUIDE………………………………………………………………………….……………………………………………………..….8 ATTACHMENT A CITY OF CUPERTINO COMMUNITY FESTIVAL APPLICATION- FY 2022/2023………………………………………9 ATTACHMENT B CITY SERVICES REQUEST FORM - FY 2022/2023……………………………………………………………………..………10 ATTACHMENT C COMMUNITY FESTIVAL FEE MATRIX …………………….………….….………….…………………………………………….11 ATTACHEMENT D FESTIVAL PLANNING CHECKLIST AND TIMELINE……………………………………………………………….……………12 ATTACHMENT E INSURANCE REQUIREMENTS AND SAMPLE…………………………………………………………………………………...14 ATTACHMENT F PARK REGULATIONS………………………………………………………………………………………………………………………15 ATTACHMENT G VENDOR GUIDELINES FOR VENDORS………………………………………………………………………………………….….17 ATTACHMENT H COMMUNITY FESTIVAL EVALUATION……………………………………………………………………………………….……18 pg. 1
I. FESTIVALS AND CRITERIA FOR CONSIDERATIONS
Thank you for considering Cupertino as a location for your community festival. Cupertino is well known for hosting a variety of cultural and community festivals throughout the year and encourages events that benefit the community. The information requested in this application will be used to determine your eligibility based on applicable policies, resolutions, and ordinances which are set by City Council. City staff will work closely with festival organizers so that events like the one you are proposing are successful.

Community Festivals are events that may:
• Interfere with the normal flow of pedestrian or vehicular traffic • Require special accommodations, regulations of, or waiver of the usual traffic laws or controls • Generate a crowd of spectators sufficient in size to obstruct, delay, or interfere with the normal flow of pedestrian or vehicular traffic
• Generate a crowd of sufficient size to restrict access to parks, recreation areas, city facilities, or other public areas • Result in the need for police regulation, monitoring or control • Produce debris and wear and tear on City grounds and property The following minimum criteria must be met for Cupertino support of a Community Festival to be considered:
• The event application is submitted by a local tax exempt or civic organization that provides services to residents of Cupertino.
• The City is able to provide a date and venue that minimizes the impact to City facilities and does not conflict with other events
The following criteria will be considered when reviewing applications:
• The event provides cultural, social, recreational or educational activities for Cupertino residents • The event demonstrates significant benefit to Cupertino residents • The event benefits charitable causes in Cupertino and/or Cupertino businesses Only complete applications will be accepted. Applications are considered a request for authorization only; submission does not mean that the event has been approved. For an event to be authorized, the event must pass the City Council approval process. To be given a final Event Permit, all required permits must be obtained and all fees and deposit(s) must be paid. Any misrepresentation in this application or deviation from the final permit conditions may result in revocation of the permit and the canceling of this or future events and/or of the event deposit.

II. APPLICATION MATERIALS
The Festival Organizer (Organizer) is responsible for submitting a complete Community Festival Application to the City by February for consideration in the following fiscal year July-June. The following items are required to be submitted with the application:
▪ City of Cupertino Community Festival Application – This is included in this packet of information (Attachment A) ▪ City Services Request Form – This is included in this packet of information (Attachment B) – This will include your request for city staff, police, buildings, barricades, etc. Also included is a Community Festival Operation Fee Matrix (Attachment C) which will give you an estimate on the cost. ▪ Tax Exempt Status (IRS Form 501c with Tax ID #)
▪ Event Site Diagram(s) and/or Route Map - Must accompany the application and indicate the proposed layout of all equipment (food and vendor booths, alcoholic beverage sales locations, food and beverage consumption areas, tent and canopy locations, stages, first aid and lost child facilities, information or headquarters area, trash and recycle container locations, portable toilets, vendor and public parking areas, bicycle corral, fencing, etc.), all street closures (including number of lanes to be closed) and parking tow zones, the direction of travel of any parade, race, run or walk, and all other proposed event activities.
pg. 2
▪ Event Parking Plan- Provide a summary of where vendors and participants would park in the surrounding area.

This may be submitted as a diagram or map.
▪ Event Description - A brief event description of 50 words or less should be submitted for possible use in City brochures, websites, or other publications. For new festivals only, a detailed event description should also be submitted describing all aspects of the event including logistics, schedule of events, and any other relevant information.
▪ Event Financial Report - This should include a summarized expense and revenue report of the previous year’s event. If this is the first year for the event, include a plan with an itemized estimate of expenses and revenue to be generated by the event.
▪ Community Letters of Support (New Events Only) - New events to Cupertino must submit letters of support along with an application.
▪ Event Application Fee (New Events Only) – New events must pay a $75 application fee at Quinlan Community Center during business hours in person or by phone. (see Contact Reference Guide).

III. FEE WAIVERS/SPONSORSHIP
Organizers may request City sponsorship, waiving a portion of or all the associated fees (with the exception of deposits).

City Council approval is required for any fee waiver or sponsorship. The Organizer should be present and available at any requested Parks and Recreation Commission or Council meetings to respond to questions. Approval for fee waiver/sponsorship and Event Authorization are generally finalized in June for the following fiscal year (See Item V.

Timeline for Festival Authorization and Fee/Waiver Approval).

IV. FEES AND SECURITY DEPOSIT
Fees
See Special Event Fee Matrix for estimated fees and charges for services commonly required for festivals (Attachment C).

Note: Fee schedules are reviewed annually by staff and City Council. Any changes are generally approved in May and effective in July.

Security Deposit
A security deposit is due at a minimum of 30 days prior to the festival date. Receipt of payment is required before the City will issue the Event Permit. Deposit should be paid at the Quinlan Community Center front office (see Contact Reference Guide). The security deposit is fully refundable, as long as an organization adheres to the conditions of use requirements as outlined in this packet.

A portion of the security deposit could be withheld for things such as damage to City property, unauthorized vehicles on grass, fields, or pathways, insufficient trash removal, lack of adherence to hours of permitted use, inadequate parking monitors etc. The amount charged would be based on the cost of City staff time or expenses incurred in addressing an issue and/or repairing property damage.

Forfeiture of the entire security deposit could result if a festival producer (or its vendors) violate park or City ordinances, including the noise ordinance (see Attachment F or https://codelibrary.amlegal.com/codes/cupertino/latest/overview); or if a festival producer misrepresents factual information about an event or fails to provide required documentation or secure required permits.

V. EVENT AUTHORIZATION AND EVENT PERMIT
Once a proposed festival plan has been finalized and approved by the Director of Parks and Recreation and/or the Director of Public Works and/or the City Council, the City issues an Event Authorization notification to the Organizer. This allows the Organizer to begin planning and obtaining permits. Once all the required permits are obtained and submitted to the City, pg. 3
an Event Permit will be issued.

Note: Neighbors of the event area will be notified and given an opportunity to provide feedback in advance of City Council consideration on any proposed new festival.

VI. TIMELINE FOR FESTIVAL AUTHORIZATION AND FEE WAIVER/SPONSORSHIP APPROVAL Timeline for Festival Event Authorization and Event Permit is as follows:

February-Applications are due to City for consideration in the following fiscal year (July – June) March-Applications are reviewed by the Parks and Recreation Commission, clarifying questions may be asked of Organizer April-Parks and Recreation Commission will consider applications for a recommendation to Council May-City Council will consider applications and Parks and Recreation recommendations for fee waivers/sponsorship at the Budget Session
June-City Council will finalize approval and fee waiver/sponsorship as part of the Budget Adoption. Event Authorization sent to the Organizer
Final City issued Event Permit will be issued when all required permits, documentation, and information are submitted to the City
VII. PRE-EVENT AND POST-EVENT MEETINGS
Once the Organizer receives Event Authorization, a Pre-Event Meeting with the Organizer and representatives from City departments will be scheduled. For new festivals, the meeting will be scheduled a minimum of 90 days prior to the festival.

For established festivals, the meeting will be scheduled 30-45 days prior to the festival. The Organizer must attend this meeting. At this meeting, the Organizer will walk City staff through the proposed event plan in more detail. City staff will advise and approve an event plan that meets public health and safety standards, provides for the delivery of City services, and addresses the concerns of the community. The Organizer will be informed of all needed permits, required fees, conditions of use, and insurance requirements.

Note: Additional pre-event meetings may be held as deemed necessary by City staff.

The City will also conduct a mandatory Post-Event Meeting to evaluate and review the festival with the Organizer held within 30 days after the event. Event evaluation notes will be taken into consideration as to whether to approve future events, and/or in setting conditions of use for future event and facility permits. The evaluation will also consider if the Organizer complied with Festival policies and if the festival provided cultural, social, recreational or educational benefits to the community (see Attachment H Community Festival Evaluation).

VIII. PERMIT REQUIREMENTS
The Organizer is responsible for obtaining all necessary permits required but not limited to those outlined below. All contacts are also listed on the CONTACT REFERENCE GUIDE. ▪ For Facilities: City will issue facilities permits for specific buildings and venues as well as a final Special Event Permit once all information and permits are submitted
▪ For Tents/Canopies/Food Booths: Santa Clara County Fire Department activity permit ▪ For Food Served: County Environmental Health Department permit ▪ For Food Trucks:

Santa Clara County permits from the Santa Clara County Department of Environmental Health pg. 4
Cupertino Business License from Cupertino Economic Development Division ▪ For Sale of Alcohol (Beer and Wine only) Department of Alcoholic Beverage Control (ABC) permit ▪ For Temporary Seller’s Permit California Department of Tax and Fee Administration IX. FOOD PERMIT REQUIREMENTS
Temporary food booth operators must comply with Santa Clara County Fire Department regulations and Santa Clara County Environmental Health Services regulations for operation of food booth(s) and/or food trucks. Santa Clara County Fire Department inspects food booths for compliance with public safety requirements, and Environmental Health Services regulates food preparation and handling as well as food booth construction. The Organizer is responsible for obtaining and submitting permit applications and fees to Santa Clara County Fire Department and to Santa Clara Environmental Health Services (permit should be obtained and submitted to City no later than 14 days before event).

X. INSURANCE REQUIREMENTS
Event Organization (listed on Community Festival Application) shall procure and maintain for the duration of the event, including any time required for setup or takedown of the event, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the event arising from work or activities performed by the Event Organization, its agents, representatives, employees, or subcontractors.

The Organizer must submit an original copy of the certificate of insurance and endorsement to the City no later than 14 days before the event. See Attachment E for Insurance Requirements XI. NEIGHBORHOOD NOTIFICATION
Organizer will deliver early notifications to nearby residents, by distributing a mailer that includes event information:
dates, street closures, traffic detours, etc. A draft notification letter should be submitted to City for approval. City will approve the letter and provide the organizers with mailing labels for the residents adjacent to Memorial Park approximately 30 days before the event.

XII. AMPLIFIED SOUND
Amplified sound is any sound that is enhanced by mechanical or electronic means. Noise levels above 70 dBA (decibels) at the neighborhood property line are prohibited. The City may place additional restrictions on the decibel output or on the hours allowed for any amplified sound request. City staff will take periodic decibel readings throughout the event. A decibel readings chart will be available upon request from the Organizer or the public. Event organizers are required to comply with City staff or public safety directions regarding amplified sound during an event. Failure to do so could result in forfeiture of the event deposit and denial of future event proposals.

XIII. PARKING AND ALTERNATIVE TRANSPORTATION PLAN
Parking
An event parking plan must be submitted with the Community Festival Application. Memorial Park events with 500 or more attendees are required to reserve the De Anza College Parking Lot (see Contact Reference Guide). Events at the Civic Center with 500 or more attendees should speak with City representative about parking options.

Event Organizers must have designated parking lot monitors for restricted access parking areas including but not limited to City parking lots, unloading/loading zones, and residential parking areas. Parking monitors are required from the beginning to the end of the event. Monitors must be 18 years and older. pg. 5
Alternative Transportation
The City encourages the use of alternate transportation to the automobile and has developed and implemented a network of bicycle lanes and bicycle routes throughout the City. The Cupertino Bikeways Map found here: http://www.cupertino.org/Modules/ShowDocument.aspx?documentid=1177 displays all bike lanes and routes.

Event Organizers should encourage event attendees to travel via bicycle or by using alternative transportation methods.

Providing bicycle corrals and/or valet bike checks is one way to encourage alternative transportation methods.

XIV. STREET CLOSURES
The Organizer must specify the location and times street closures are desired. Adjacent residents and businesses must be taken into consideration. The final closure schedule and traffic plan will be determined by the City. If the public normally parks vehicles within the closed area, a tow zone must be established. “No Parking” signs are provided by the City’s Public Works Department. Signs are posted on barricades. “No Parking” signs are posted 72 hours prior to establishing a tow zone. The number and placement of street barriers will be determined by the City. The Public Works Department will supply and distribute the necessary cones and barricades. Applicable fees will be incorporated into the event charges (see Attachment C Community Festival Fee Matrix).

XV. SHERIFF DEPUTIES
Most Festivals will require Sheriff Department Deputies. Any closure of public streets will require Sheriff Deputies on site to ensure public safety. The City will arrange for the appropriate number and location of Sheriff Deputies. The cost of the Deputies will be incorporated into the total event cost and an estimate provided (see Attachment C Community Festival Fee Matrix). The final payment will be invoiced to the festival organizer, if applicable.

XVI. PORTABLE TOILETS
Portable Toilets – Organizer shall be responsible to provide portable toilets and indicate their location on the site diagram.

Location/layout shall indicate that all portable toilets are located on level sites with appropriate clear path-of-travel (minimum of 48” wide) to the toilet entrance. Hand washing facilities must be provided. One ADA toilet must be in each grouping of portable restrooms.
▪ Organizer may be asked to provide copies of rental agreements for commercial portable toilets and their designated location(s).

XVII. GREEN EVENT REQUIREMENTS
To minimize waste going to landfill and maximize material recovery, all events held on City property must offer recycling, composting, and trash collection services. The waste plan must follow the guidelines below. To support successful materials management, Recology provides trash, recycling, and composting bins for rental. All materials generated or provided by vendors and event organizers must meet the following guidelines:
▪ No polystyrene (Styrofoam) on City property.
▪ Create a central waste collection area to consolidate materials. Depending on the event size and quantity of vendors, multiple consolidation areas may be ideal.
▪ If not already arranged, place containers side-by-side in the same order for each station. (Compost>Recycle>Landfill) Ensure signage is visible so that event attendees can identify materials to be placed in trash, recycling, and composting bins.
▪ Organizer should designate a material monitor to oversee each waste station for the event duration. This individual would educate attendees and vendors on what materials can be placed in each container to pg. 6
maximize onsite recycling and composting. In addition, they would monitor and replace bags as they become full or heavy.

Note: Contact Cupertino’s Environmental Programs Division with any questions (See Contact Reference Guide).

XVIII. CLEANUP
Cleanup – The Organizer must prepare an event cleanup plan and discuss this at the pre-event meeting. The plan must indicate: 1) sufficient staff/volunteers to handle cleanup throughout the day and after the event; and 2) sufficient equipment placed in effective locations (dumpsters, toters, trash receptacles, hot coal barrels, and grease barrels).

Insufficient clean-up could result in forfeiture of the event deposit and denial of future proposals. ▪ Booths, stages, and other equipment must be removed immediately following the event to permit trash and garbage cleanup.
▪ Cleanup should be completed by 9 a.m. the following day, with private properties given top priority. ▪ Organizer may be asked to provide copies of rental agreements for commercial dumpsters and their designated location(s).

XIX. VENDOR GUIDELINES
In order to ensure public safety, protect City property, and minimize impacts on adjacent neighbors, festival vendors must adhere to vendor guidelines. It is the Organizers responsibility to not only comply with all vendor guidelines, but also monitor and ensure compliance by the vendors. Failure to do so may warrant a citation and possible fines. Organizers must provide each vendor a copy of Festival Vendor Guidelines (Attachment G) and Park Regulations (Attachment F). ▪ Vendor set-up shall begin no earlier than 7 a.m. (Ord. 13.04.190A) ▪ Vendor takedown shall not extend beyond 7 p.m.
▪ Vehicles in violation of the parking restrictions will be towed away at owner’s expense. ▪ Food vendors must protect all pavements to ensure prevention of grease soiling and spatter. Food grease must be disposed of properly. IMPROPER DISPOSAL OF FOOD GREASE MAY RESULT IN CITATION AND FORFEITURE OF DEPOSIT.
▪ Tents will be secured using water barrels or concrete blocks. Absolutely no stakes will be driven into the ground.

Inflatables may be the only exception to this policy.
▪ Booth spaces may only be marked with water-soluble material. ▪ Day of event promotional signs may be displayed in the interior of the event area. Signs may not be placed on the sidewalk or in the public right-of-way. Signs may not be staked into the ground. ▪ Vending activity will be limited to the event site area approved by the City. Vending activity must not block or impede pedestrian movement, access to business or residential properties, cause congestion, or create any public hazard.
▪ Each vendor must clean his/her area of operation and remove all goods and equipment at the close of the event. ▪ Vendors must extinguish all coals before dumping them in a designated receptacle. ▪ Vendors of taxable goods or services must meet California Board of Equalization permit requirements (p. 9) Park Specific Guidelines
▪ Organizer/Vendors are not allowed to drive a vehicle into the park for any purpose, including unloading of supplies and equipment. (Ord. 13.04.150) All unloading must be done curbside. ▪ Golf carts may be used to transport supplies and equipment through parks. A licensed driver over 18 years of age must drive golf carts.

Memorial Park Guidelines
▪ Cupertino Senior Center parking lot is by permit only between the hours of 8 a.m. and 5 p.m. Monday through Friday.
▪ The existing parking restrictions on Christensen Drive and Anton Way will remain in effect. ▪ Neither vendors nor patrons are allowed to park at the Cupertino Sports Center.

Booth Vendor Unloading Instructions - Vendors will be permitted to unload/load supplies and equipment from designated locations and times. It is imperative that vendors unload their vehicle and immediately move their vehicle before pg. 7
transporting their supplies to their booth. Vendors are advised to bring a minimum of two people to assist with unloading.

Memorial Park Vendor Usual Unloading/Loading Schedule:

Morning Unloading Schedule by location
Saturday 7 a.m. to 10 a.m. Stevens Creek Boulevard and Anton Way Saturday 7 a.m. to 10 a.m. Alves Drive
Sunday 7 a.m. to 10 a.m. Stevens Creek Boulevard and Anton Way Afternoon Loading Schedule by location
Saturday 4 p.m. to 6:45 p.m. Stevens Creek Boulevard Only Saturday 4 p.m. to 6:45 p.m. Alves Drive
Sunday 4 p.m. to 6:45 p.m. Stevens Creek Boulevard and Anton Way Alternate vendor unloading locations may be proposed by Organizer with accompanying traffic plan. Outside of the unloading/loading times, Stevens Creek Boulevard and Anton Way are NO STOPPING/NO PARKING ZONES.

XX. MARKETING
In a joint effort to make community festivals in Cupertino successful, the City may promote approved events via social media, brochures, and on the City’s website. Events are encouraged to submit photos and event schedules. Organizers should submit a copy of any marketing materials with City information to City for approval.

City of Cupertino Logo
Organizers must comply with brand guidelines for use of the City of Cupertino logo. City staff can provide Organizer with guidelines upon request.

Sponsorship List
If any fees are waived by the City, festival organizers will list the City of Cupertino as a sponsor in all marketing material, commensurate with the level of financial support in your festival’s sponsorship benefit package.

Banner Locations:

Organizers may request a marketing banner be displayed at City-operated locations. There are three City-operated banner locations:

1. Quinlan Community Center (corner of N. Stelling and Alves)

2. Memorial Park (Corner of Anton and Stevens Creek Blvd.)

3. Across Stevens Creek Blvd. (Between Portal Ave. and Perimeter Rd.) o Banners hung across Stevens Creek Boulevard may be requested through the Public Works Department (see Contact Reference Guide) – Additional fees associated with this location (see Attachment C Community Festival Fee Matrix).
▪ Approval will be on a case-by-case basis.
▪ The maximum time a banner may be hung is fourteen (14) days. This time may be reduced if there are scheduling conflicts.
▪ Size guidelines for Quinlan Community Center and Memorial Park locations: Banners must be between 6’ and 12’ in length. Banner height may be a maximum of six feet. The ideal size is 4’ x 12’ with wind slits. ▪ The City is not responsible for damage done to a banner by wind or weather.

XXI. BILLING
After the event, City departments will finalize the amount owed to the City covering labor, vehicle and equipment use, and any other costs incurred in providing event support, if applicable. The City will prepare and email a final invoice to the Organizer within 14 days after the event. The final invoice will reflect the actual costs of delivering City services for the event, and final billing may be higher or lower than the cost estimates. pg. 8
XVIII. CONTACT REFERENCE GUIDE
City of Cupertino
Parks and Recreation Department Office
10185 North Stelling Road, Cupertino, CA 95014
(408) 777-3120 | www.cupertino.org/recreation
Office Hours: Monday through Friday, 8 a.m. to 5 p.m.

Cupertino Public Works Department
10555 Mary Avenue, Cupertino, CA 95014
(408) 777-3269
Cupertino Environmental Programs Division
10300 Torre Avenue, Cupertino, CA 95014
[email protected] | (408) 777-3354
Cupertino Economic Development Division (Cupertino Business License) 10300 Torre Avenue, Cupertino, CA 95014
[email protected] | (408) 777-7607
Regulatory Agencies
Department of Alcoholic Beverage Control
100 Paseo de San Antonio Room 119, San Jose, CA 95113
(408) 277-1200 | https://www.abc.ca.gov
California Board of Equalization
250 S. Second St., San Jose, CA 95113
(408) 277-1231 | www.boe.ca.gov/
County of Santa Clara Department of Environmental Health 155 Berger Drive, Suite 300, San Jose, CA 95112
(408) 918-3400 | www.ehinfo.org
Santa Clara County Fire Department
14700 Winchester Blvd., Los Gatos, CA 95032
(408) 378-4010 | www.sccfd.org
Parking for Memorial Park
Abundant Life Church
10100 North Stelling Rd., Cupertino, CA 95014
(408) 252-2668 | www.alagonline.com
De Anza College
21250 Stevens Creek Blvd., Cupertino, CA 95014
Hinson Campus Center, Lower Level
(408) 864-5555 | www.deanza.edu/parking
Other Vendors
Recology South Bay
650 Martin Avenue, Santa Clara, CA 95050
(408) 725-4020 | www.recology.com
pg. 9
Attachment A
CITY OF CUPERTINO COMMUNITY FESTIVAL APPLICATION- FY 2022/2023 (To be Returned to City Representative) Community Special Events shall be approved only for local tax exempt or civic organizations that provide services to residents of Cupertino. Attach a letter of intent explaining the community benefit to Cupertino, its residents, and/or businesses ORGANIZATION: ________________________________________________________________________________________________ NON-PROFIT TAX ID NO.:_____________________________________ WEBSITE: ____________________________________________ Request for Fee Waivers? Yes No
ADDRESS: ______________________________________________________________________________________________________ Street City State Zip
PROPOSED EVENT TITLE: __________________________________________________________________________________________ TYPE OF EVENT (i.e., festival, walkathon, street fair, parade) ________________________________________________________________________ EVENT ORGANIZER: (This will be the information posted for the public to obtain event information) ___________________________________________________________________________________________________________________________ Name Phone Email
EVENT ORGANIZER – SECONDARY:
___________________________________________________________________________________________________________________________ Name Phone Email
PROPOSED EVENT DATE(S): _________________________ Event Start Time: ________________ Event End Time: ___________________ Setup date/time: ___________________________________Clean up date/time: _______________________________________________ No earlier than 7 a.m. Friday No later than 9 a.m Monday PROPOSED LOCATION(S):

Memorial Park Quinlan Community Center Cupertino Senior Center Civic Center Plaza (10185 N Stelling Rd.) (10185 N Stelling Rd.) (21251 Stevens Creek Blvd.) (10350 Torre Ave.) Library Field Community Hall 5k, walkathon, parade: _________________________________________ (10350 Torre Ave.) (10350 Torre Ave.) Start/Finish - Attach course map w/ list of street closures Alcoholic Beverages Sold? Yes No If yes, list the types: __________________________________________________ Food Sold? Yes No If yes, list the types: __________________________________________________ Estimated Number of Vendor Booths: __________________ Types of Vendor Booths: ______________________________________________ Total Estimated Event Attendance: __________________________________ Staff, Volunteers, Vendors, Guests
Amplified sound: ________________________________________ Start time: _________________ End time: __________________ Description No earlier than 10 a.m. No later than 10 p.m.

Portable Toilet Drop off location: ______________________ Delivery Date/Time: ________________ Pick Up Date/Time: _________________ Attach Map
Recology drop off location: ______________________________ Delivery Date/Time: _________________ Pick Up Date/Time: __________________ Attach map
Street Closure location(s): ______________________________________________________________________________Time:__________________ Attach map. Street closures may require traffic control officers.

AS AN AUTHORIZED REPRESENTATIVE OF THE ORGANIZATION CONDUCTING THIS EVENT, I HEREBY DECLARE THAT:

I have received the Special Event Application and Information Packet. I have included all mandatory attachments with this application. The information contained in this application and attachment(s) is true and correct to the best of my knowledge. _______________________________________________________________________________________________________________ Applicant Name (print) Applicant Signature Date
pg. 10
Attachment B
CITY SERVICES REQUEST FORM- FY 2022/2023 (To be Returned to City Representative with Application) City Services
Request Form
Please fill in date and time your event is requesting access to city facilities, and equipment.

Setup
Date Time
Event Day, Day 1
Date Time
Event Day, Day 2
Date Time
Clean Up
Date Time
Quinlan Community Center
Cupertino Room (280/240 cap.)
Cupertino Room Kitchen
Social Room (80 cap.)
Conference Room (20 cap.)
Gazebo
Memorial Park Setup
Date Time
Event Day, Day 1
Date Time
Event Day, Day 2
Date Time
Clean Up
Date Time
Memorial Park- Full Park Access
Memorial Park- Partial
(Stevens Creek side ONLY)
Memorial Park- Partial
(Field behind the Quinlan
Community Center ONLY)
Amphitheater
Electrical Power Access
Non-Potable Water Access
Cupertino Senior Center Setup
Date Time
Event Day, Day 1
Date Time
Event Day, Day 2
Date Time
Clean Up
Date Time
Reception Hall (200/175 cap.)
Reception Hall Kitchen
Bay Room (40 cap.)
Arts and Crafts Room (40 cap.)
Class Room (26 cap.)
Conference Room (10 cap.)
Cupertino Civic Center Setup
Date Time
Event Day, Day 1
Date Time
Event Day, Day 2
Date Time
Clean Up
Date Time
Community Hall (170/152 cap.)
Library Field
Civic Center Plaza
Public Works Equipment List Amount Date
Needed
Date
Returned
Staging Location Description of Use
Standard Barricade
K-Rail Barricade
(needed for road closures)
Traffic Cones
Temp. Traffic Control Sign & Stand
Changeable Message Signs
pg. 11
Attachment C
COMMUNITY FESTIVAL FEE MATRIX 2022
These are the common costs associated with special events. Fees may vary depending on the event plan, timeline, building use outside of rooms on the fee scheduled as well as city services requested and required. Organizers will receive a cost estimate of city services based upon agreed event plan.

FACILITY USE
with COSTS
Cupertino Non-Profit Non-Resident Non-Profit
Setup/Clean Up
Before 5 p.m. Fri.

Event Day
After 5 p.m. Fri.

Setup/Clean Up
Before 5 p.m. Fri.

Event Day
After 5 p.m. Fri.

New Event Application Fee $ 75
City Staff Support Actual Cost ($15 to $70/hour/staff)
Public Safety Officers Actual Cost ($121 to $156/hour/officer) Security Deposit (Refundable) $ 1000
Quinlan Community Center 10185 North Stelling Road
Cupertino Room (280/240 cap.) $30/ hour $80/ hour $48/ hour $128/ hour Social Room (80 cap.) $20/ hour $60/ hour $32/ hour $96/ hour Conference Room (20 cap.) $10/ hour $25/ hour $16/ hour $40/ hour Gazebo $55/ 2 hours $75/ 2 hours
Memorial Park 21121 Stevens Creek Boulevard
Memorial Park Special Event Permit $ 2000 full park / $1000 half park $ 2000 full park / $1000 half park Picnic Area $113/ day $154/ day
Amphitheater $55/ 2 hours $75/ 2 hours
Gazebo $55/ 2 hours $75/ 2 hours
Cupertino Senior Center 21251 Stevens Creek Boulevard
Reception Hall (200/175 cap.) $30/ hour $80/ hour $48/ hour $140/ hour Bay Room (40 cap.) $22/ hour $36/ hour $27/ hour $45/ hour Arts and Crafts Room (40 cap.) $22/ hour $36/ hour $27/ hour $45/ hour Classroom (26 cap.) $20/ hour $32/ hour $24/ hour $40/ hour Conference Room (10 cap.) $10/ hour $25/ hour $16/ hour $40/ hour Cupertino Civic Center 10300 Torre Avenue
Community Hall (170/152 cap.) $30/ hour $80/ hour $48/ hour $128/ hour Library Field $ TBA $ TBA
Civic Center Plaza $ TBA $ TBA
Public Works Equipment Rental Fees (for reference—Staff will calculate based on application) Banners across Stevens Creek $525
Standard Barricade $0.24/ day
Flashing Barricade $0.47/ day
Traffic Cone $22.92/day/ per 100
Encroachment Permit $394 - $678 (depending on location) Temp. Traffic Control Sign & Stand $2.73/ day
Changeable Message Signs $11.03/ hour
pg. 12
Attachment D

FESTIVAL PLANNING CHECK LIST & TIMELINE
Due to City in February for Approval in the following fiscal year (July – June) o Submit Application this includes:
▪ Completed City of Cupertino Community Festival Application (See Attachment A) ▪ City Services Request Form (See Attachment B)
▪ Tax Exempt Status (IRS Letter with Tax ID #)
▪ Event Site Diagram and/or Route Map (include Parking Plan) ▪ Event Parking Plan
▪ Event Description
▪ Event Financial Report
▪ Community Letters of Support (New Events Only)
▪ Event Application Fee (New Events Only)
30 to 60 DAYS PRIOR TO FESTIVAL
o Pre-event meeting(s) scheduled with City
o Secure required permits from appropriate departments or agencies:
▪ Santa Clara Department of Environmental Health (Food Booths) ▪ Santa Clara County Fire Department (Tents, Canopies, Food Booths) ▪ California Board of Equalization (Vendor Booth Sales) ▪ Cupertino Economic Development Division (Cupertino Business License) ▪ Alcoholic Beverage Control Daily License (Serving Alcoholic Beverages, Beer and Wine Only) o Banner Request to City
o Send draft notification letter for neighboring residence and organizations (45 days prior to event) and send final notification letter to residences and organizations (30 days prior to event) 30 DAYS PRIOR TO FESTIVAL
o Submit:
▪ Finalized off-site parking plan, including parking monitor locations ▪ Street closure/ lane closure plan
▪ Clean-up plan
o Submit security deposit to the City at Quinlan Community Center front desk o Submit finalized off-site parking plan, including parking monitor locations o Submit finalized street closure/lane closure plan
14 DAYS PRIOR TO FESTIVAL
o Submit copies of all applicable permits to the City
o Submit insurance requirements
pg. 13
Attachment D
FESTIVAL PLANNING CHECK LIST & TIMELINE continued
14 DAYS PRIOR TO FESTIVAL
o Submit proof of portable toilet and Recology arrangements (14 days prior to event) o Receive final Event Permit from City once all items are permits, proof of insurance, proof of portable toilets, and proof of Green event requirements are submitted 7 DAYS PRIOR TO FESTIVAL
o Submit final vendor list and locations
o Submit final event entertainment/activities schedule
o Pre-event site walkthrough with City Staff

POST-EVENT
o Receive final invoice for City services (Within 14 days after event) o Meeting with Organizer and City Staff (Within 30 days after event) o Submit payment in full for City services (Within 30 days of invoice) pg. 14
Attachment E INSURANCE REQUIREMENTS
Event Organization shall procure and maintain for the duration of the event, and for any time required for setup or takedown of the event, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the event arising from work or activities performed by the Event Organization, its agents, representatives, employees or subcontractors.

Minimum Scope of Insurance
Coverage shall be at least as broad as:

1. Insurance Services Office Form CG 0001 covering Commercial General Liability on an “occurrence” basis.

Minimum Limits of Insurance
Event Organization shall maintain limits no less than:

1. General Liability: (Including operations, products and completed operations.) $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

2. Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. The City may require the Event Organization to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.

Other Insurance Provisions
The general liability policy is to contain, or be endorsed to contain, the following provisions:

1. The City of Cupertino, its City Council, Boards and Commissions, Officers, Officials, Employees, Agents, Servants, Volunteers and Consultants with respect to liability arising out of work or operations performed by or on behalf of the Event Organization including materials, parts or equipment furnished in connection with such work or operations. Policy language or endorsement must be at least as broad as ISO Form CG 20 10, 11 85 edition or 07 04 revisions).

2. For any claims related to this project, the Event Organization’s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Event Organization’s insurance and shall not contribute with it.

Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.

Verification of Coverage
Event Organization shall furnish the City with original certificates and amendatory endorsements verifying coverage required by this clause. All certificates and endorsements are to be received and approved by the City before the setup for the event begins. However, failure to obtain the required documents prior to setup or the event shall not waive the Event Organization’s obligation to provide them. The City reserves the right to require complete, certified copies of all insurance policies and endorsements required by these specifications at any time.

Waiver of Subrogation
Event Organization hereby grants to City a waiver of any right to subrogation which any insurer of said Event Organization may acquire against the City by virtue of the payment of any loss under such insurance. This provision applies regardless of whether or not the City has requested or received a waiver of subrogation endorsement from the insurer.

Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
pg. 15
Attachment F PARK REGULATIONS – CITY OF CUPERTINO

13.04.120 Use of Park Property.

No person in a park shall do any of the following:

A. Wilfully mark, deface, disfigure, injure, tamper with or displace or remove any buildings, bridges, tables, benches, fireplaces, railing, paving or paving material, water lines or other public utilities or parts or appurtenances whatsoever, either real or personal; B. Litter, soil or defile restrooms. No person over the age of six years shall use restrooms and washrooms designed for the opposite sex;
C. Dig or remove any soil, rock, stones, trees, shrubs or plants, down timber or other wood or materials, or make any excavation by tool, equipment, blasting or other means or agency. It is unlawful to gather firewood or to collect within the park any type of plant material for the purpose of building a campfire;
D. Construct or erect any building or structure of whatever kind, whether permanent or temporary in character, or run or string any public service utility into, upon or across such lands, except on special written permit issued under this chapter; E. Go upon any lawn or grass plot, where prohibited by the parks and recreation department, and where such prohibition is indicated by proper and legible signs;
F. Damage, cut, carve, transplant or remove any tree or plant, or injure the bark, or pick the flowers or seeds of any tree or plant. Nor shall any person attach any rope, wire, or other contrivance to any tree or plant. No person shall dig in, or otherwise disturb any grass area, or in any way injure or impair the natural beauty or usefulness of any areas; G. Climb any tree or walk, stand or sit upon any monuments, vases, fountains, railing, fences, or upon any other property not designated or customarily used for such purposes;
H. Hunt, molest, harm, frighten, kill, trap, chase, tease, shoot or throw missiles at any animal, reptile, or bird; nor shall any person remove or have in his possession the young of any wild animal, or the eggs or nest or young of any reptile or bird. Exception to the foregoing is made in that snakes known to be deadly poisonous, such as rattlesnakes, or other deadly reptiles may be killed on sight; I. Use any system for amplifying sounds, whether for speech or music or otherwise, unless an exclusive use permit is first secured. (Ord. 531, § 12, 1972)

13.04.130 Behavior of Persons in Parks.

No person in a park shall do any of the following:

A. Bring to a park any alcoholic beverages, and no person may drink alcoholic beverages at any time in a park, except picknickers, who may bring to a park, and drink, beer or wine with their picnic meal, so long as they conduct themselves in an orderly manner; B. Enter or remain in a park while under the influence of intoxicating liquor or any drug; C. Have brought, or have in his possession, or set off, or otherwise cause to explode or discharge or burn, any firecrackers, torpedoes, rockets, or other fireworks or explosives of inflammable material, or discharge them or throw them into any such area from land or any highway adjacent thereto. This prohibition includes any substance, compound, mixture or article that, in conjunction with any other substance or compound would be dangerous from any of the foregoing standpoints; D. No person having the control or care of any dog, shall suffer or permit such dog to enter or remain in a park or sport field, unless posted for such use, and then only if it is led by a leash of suitable strength not more than six feet in length, unless it is permitted to be off-leash by the City as part of a City-authorized event or program; and the owner and the attendant shall be responsible for any damage caused, in any event, by such dog, even if on leash; E. Lead, ride, drive, keep or let loose any animal, reptile or fowl of any kind, without a permit to do so from the Director of parks and recreation;
F. Make or kindle a fire for any purpose, except at places provided for such purpose, unless prior special permission be obtained therefor from the Director;
G. Enter an area posted as “Closed to the Public,” and no person shall use, or abet the use of, any area in violation of posted notices; H. Play or bet at or against any game which is played, conducted, dealt, or carried on for money, chips, shell, credit or any other representative of value, or maintain or exhibit any gambling table or other instrument of gambling or gaming, or play any game prohibited by any other ordinance of the City;
I. Sleep, or protractedly lounge, on the seats, benches, or other areas, or engage in loud, boisterous, threatening, abusive, insulting, or indecent language, or engage in any disorderly conduct or behavior tending to a breach of the public peace; pg. 16
Attachment F PARK REGULATIONS – CITY OF CUPERTINO continued J. Use, carry, or possess firearms of any description, or air rifles, spring guns, bow and arrows, slings or any other forms of weapons potentially dangerous to wild life or to human safety. Shooting into park areas from beyond park boundaries is prohibited; K. Solicit alms or contributions for any purpose, whether public or private, without prior permission from the City Council; L. Use or allow the use of powered model airplanes except in areas so designated by the department of parks and recreation; M. Play or practice golf or use golf clubs in any area of the park not designated for such use; N. Indulge in riotous, boisterous, threatening or indecent conduct.

O. No person shall skate or rollerblade in a manner that causes damage to park amenities or threatens the safety or well being of park patrons. Skating or rollerblading is prohibited on raised surfaces where signed.

P. Feeding Waterfowl Prohibited. No person shall feed or in any manner intentionally provide food to any waterfowl (geese, ducks, or coots) in any City park.
(Ord. 13-2105, § 2, 2013; Ord. 12-2101, § 1 (part), 2013; Ord. 1945, 2004; Ord. 1886, (part), 2001; Ord. 531, § 13, 1972)

13.04.140 Sanitation Requirements.

No person in a park shall do any of the following:

A. Throw, discharge or otherwise place or cause to be placed in the waters of any fountain, pond, lake, stream, bay or other body of water in or adjacent to any park or any tributary, stream, storm sewer or drain flowing into such waters, any substance, matter or thing, liquid or solid, which will or may result in the pollution of such waters; B. Dump, deposit or leave any bottles, broken glass, ashes, paper, boxes, cans, refuse or trash on the grounds thereof. Such items shall be placed in the proper receptacles where these are provided; and, where such receptacles are not provided, all such rubbish or waste shall be carried away from the park by the person responsible for its presence, and properly disposed of elsewhere. (Ord. 531, § 14, 1972)

13.04.150 Vehicle Requirements.

No person in the park shall do any of the following:

A. Fail to comply with all applicable provisions of the Vehicle Code of the state in regard to equipment and operation of vehicles, together with such regulations as are contained in this chapter and any other ordinances of the City regulating traffic; B. Fail to obey all traffic officers and park employees who are hereafter authorized and instructed to direct traffic in the parks in accordance with the provisions of this chapter and such supplementary regulations as may be issued by the Director; C. Fail to observe carefully all traffic signs indicating speed, direction, caution, stopping or parking and all other signs posted for proper control and to safeguard life and property;
D. Ride or drive a vehicle at a rate of speed exceeding fifteen miles an hour, except upon such roads as the City may designate by posted signs for speedier travel;
E. Drive any vehicle on any area except paved roads or parking areas, or such other areas as may be specifically designated as temporary parking areas by the department of parks and recreation; F. Park a vehicle in other than an established or designated parking area, and such use shall be in accordance with the posted directions there, and with the instructions of any attendant who may be present; G. Ride a motorcycle, motor bike, or similar vehicle in any park, except where used to transport invalid persons; H. Ride a bicycle on other than a paved road or path. Notwithstanding the foregoing, no person may ride a bicycle on a paved road or path where such activity is prohibited by posted signage. A bicyclist may wheel or push a bicycle by hand over any grassy area, wooded trail, or over any other area in which bicycle riding is otherwise prohibited; I. Ride a bicycle other than on the righthand side of the road paving as close as conditions permit, and bicycles shall be kept in single file when two or more are operating as a group. Bicyclists shall at all times operate their machine with reasonable regard to the safety of others, signal all turns, pass to the left of any vehicle they are overtaking and pass to the right of any vehicles they may be meeting; J. Ride any other person on a bicycle, except where the bicycle is built for operation by more than one person; K. Leave a bicycle in a place other than a bicycle rack where a bicycle rack is provided and there is space available; L. Leave a bicycle lying on the ground or paving, or set against trees, or in any place or position where other persons may trip over or be injured by it. (Ord. 2014, 2008; Ord. 531, § 15, 1972) pg. 17
Attachment G VENDOR GUIDELINES
Vendor Guidelines to be given to each vendor for the day of Event:
▪ Vendor set-up shall begin no earlier than 7 a.m. (Ord. 13.04.190A) ▪ Vendor takedown shall not extend beyond 7 p.m.
▪ Vehicles in violation of the parking restrictions will be towed away at owner’s expense. ▪ Food vendors must protect all pavements to ensure prevention of grease soiling and spatter. Food grease must be disposed of properly. IMPROPER DISPOSAL OF FOOD GREASE MAY RESULT IN CITATION AND FORFEITURE OF DEPOSIT.
▪ Tents will be secured using water barrels or concrete blocks. Absolutely no stakes will be driven into the ground.

Booth Vendor Unloading Instructions - Vendors will be permitted to unload/load supplies and equipment from designated locations and times. It is imperative that vendors unload their vehicle and immediately move their vehicle before transporting their supplies to their booth. Vendors are advised to bring a minimum of two people to assist with unloading.

Below are possible unloading/loading schedules for Memorial Park. Specific times and locations will be set by City staff for each event based on approved traffic plan, safety, and crowd control considerations. pg. 18
Attachment H COMMUNITY FESTIVAL EVALUATION
Estimated Attendance: _____________________
Event provided cultural, social, recreational, and/or educational activities that benefited the community: Yes No Comments: __________________________________________________________________________________________________________ Event organizer complied with the City policies, applicable laws, ordinances, and regulations: Yes No Comments: __________________________________________________________________________________________________________ Event organizer submitted complete paperwork on time: Yes No Comments: __________________________________________________________________________________________________________ The traffic plan was effective (including alternative transportation methods): Yes No Comments: __________________________________________________________________________________________________________ The parking plan for festival participants was effective: Yes No Comments: __________________________________________________________________________________________________________ Amplified sound at acceptable range: Decibel Range: __________________ Yes No Comments: __________________________________________________________________________________________________________ City equipment returned in good working order: Yes No
Comments: __________________________________________________________________________________________________________ Event organizer applied green event practices: Yes No
Comments: __________________________________________________________________________________________________________ Event site clean throughout event: Yes No
Comments: __________________________________________________________________________________________________________ Event site clean post-event: (Clear of debris, litter, food and grease debris was properly disposed) Yes No Comments: __________________________________________________________________________________________________________ Vendors:

Vendor setup plan and timing was effective: Yes No
Comments: _________________________________________________________________________________________________________ Vendors cleaned up booth area: Yes No
Comments: __________________________________________________________________________________________________________ Vendor parking plan was effective: Yes No
Comments: __________________________________________________________________________________________________________ Equipment Rental Company (tents, tables, chairs): Adhered to Vendor Guidelines: Yes No Comments: __________________________________________________________________________________________________________ Carnival Rides: Adhered to Vendor Guidelines: Yes No
Comments: __________________________________________________________________________________________________________ Booth Vendors: Adhered to Vendor Guidelines: Yes No
Comments: __________________________________________________________________________________________________________ Food Vendors: Adhered to Vendor Guidelines: Yes No
Comments: __________________________________________________________________________________________________________ The marketing plan was effective: Yes No
Comments: __________________________________________________________________________________________________________ Community engagement was effective: Yes No
Comments: __________________________________________________________________________________________________________ STAFF COMMENTS:

Community Special Events in Memorial Park Page 1 of 5 July 22, 2014 City of Cupertino
Community Special Events in Memorial Park

PURPOSE
To establish policies governing special events held within Memorial Park, City of Cupertino.

DEFINITIONS
Special Events are events that take place within or contiguous to Memorial Park, City of Cupertino, and are likely to:
 Interfere with the normal flow of pedestrian or vehicular traffic  Require special accommodations, regulation of, or waiver of the usual traffic laws or controls
 Generate a crowd of spectators sufficient in size to obstruct, delay, or interfere with the normal flow of pedestrian or vehicular traffic
 Generate a crowd of sufficient size to restrict access to parks, recreation areas, city facilities, or other public areas
 Result in the need for police regulation, monitoring, or control POLICY

1. The City encourages special events and activities that benefit the community.

2. The City acknowledges that various groups and organizations plan special events in Cupertino.

3. The sponsor of the event must submit an application for exclusive use of Memorial Park to the Director of Parks and Recreation up to one year before the event and no later than six (6) months prior to the event date.

4. Special event applications shall be awarded only to local tax exempt or civic organizations that provide services to residents of Cupertino. An event producer Community Special Events in Memorial Park Page 2 of 5 July 22, 2014 may be retained by the tax-exempt organization to coordinate an event; however, the tax-exempt organization will be considered the event applicant and will be responsible for all costs, permits, requirements, regulations, etc. A two-week period between events is preferred to allow turf an opportunity to recover from the impacts of events. A two-week period between events is required.

5. Due to the parking impacts of De Anza College’s Flea Market, special events will not be allowed in Memorial Park the first Saturday of every month.

6. When reviewing the applications, the Director of Parks and Recreation, or designee, will approve or deny the request using the following general guidelines, and other factors specific to the event proposal:
 Is the application complete, and was it filed on time?  Will the event provide cultural, social, recreational or educational activities for Cupertino residents? New events (not previously held in Memorial Park) will need to demonstrate that there will be a significant benefit to Cupertino residents before a permit is issued.
 What benefits and impacts will the event create for businesses and residents in Cupertino?
 Will the event conflict with other activities planned for Memorial Park, the Quinlan Center or the Senior Center on the same day? Priority will be given to events that have annually been held on the particular date(s).  Is there a two-week period in between special events (for the turf to recover from earlier events)? To the extent possible, three weeks should be allowed between events.
 How will the event benefit charitable causes in Cupertino? For returning events, what do you give to charitable causes in Cupertino?
 If this is a returning event to Memorial Park, did it i. Comply with the Special Event Policies last year?
ii. Provide cultural, social, recreational or educational benefits to the community?
Community Special Events in Memorial Park Page 3 of 5 July 22, 2014

7. Applicants shall comply with all applicable laws, ordinances and regulations.

Sound measured at the property line during an event must be within allowable limits stated in the City’s noise ordinance.

8. Event Organization shall provide insurance against claims for injuries to persons or damages to property which may arise from or in connection with the event arising from work or activities performed by the Event Organization, its agents, representatives, employees or subcontractors. The minimum limits of insurance are $1,000,000 general liability with “City of Cupertino, its City Council, boards and commissions, officers, employees and volunteers” listed as additional insured.

9. Upon the director’s approval of the special event application, event organizers shall meet with City staff from Public Works and Parks and Recreation Departments to review special conditions for exclusive use of Memorial Park.

10. The Director of Parks and Recreation, or designee, may add special conditions for exclusive use.

SPECIAL CONDITIONS

1. Special event organizers must meet insurance requirements for public liability, automobile liability and workers compensation liability as outlined in the City's special event insurance packet. An applicant must provide evidence of tax-exempt status. The City of Cupertino Exclusive Use Permit Application must be approved by the Director of Parks and Recreation or designee.

2. Event set-up shall begin no earlier than 7:00 a.m. on Friday and all activity must cease no later than 12:00 p.m. on Monday. Vendors will be permitted to unload supplies and equipment from Stevens Creek Boulevard and Anton Way during Saturday and Sunday, 7:00 a.m. to 10:00 a.m. and 4:00 p.m. to 7:00 p.m. At all other times, Stevens Creek Boulevard and Anton Way are a NO STOPPING /NO PARKING ZONE.

3. Event volunteers will monitor the Quinlan Community Center front parking lot, Sports Center parking lot and both entrances to the Commons, Christensen Drive and Oaks Shopping Center during the event’s hours of operation to prohibit event parking. The monitors are required to be adults (over the age of 18), and to have a cell phone to communicate with event organizers and Sheriffs’ Department.

Community Special Events in Memorial Park Page 4 of 5 July 22, 2014

4. Tents will be secured using water barrels or concrete blocks. Absolutely no stakes will be driven into the ground. Inflatables will be the only exception to this policy and the location must be approved by the Parks & Recreation and the Public Works Department.

5. Day of event promotional signs may be displayed in the interior of Memorial Park.

Signs may not be placed on the sidewalk or in the public right of way.

6. Event advertisement in Memorial Park may take place no earlier than two weeks before the event. Tying banners to park trees is not allowed.

7. Clearly marked debris, recycle, and compost containers are required in Memorial Park (must contact Recology). Organizers are responsible for ordering, paying for, and emptying trash receptacles in Memorial Park on event days.

8. An event layout must be submitted to the Parks and Recreation Department in writing fourteen (14) days prior to event.

9. Off-site parking plans must be submitted in writing thirty (30) days prior to event.

10. Golf carts may be used to transport supplies through Memorial Park. No other motorized vehicles (except wheelchairs) will be allowed. Golf carts must be driven by licensed drivers over the age of 18 years old.

11. Organizers are required to have Sheriff's Department Deputies to patrol the park during the event. The schedule for the Deputies will be approved by the Director of Parks and Recreation or designee. The deputies shall enforce city and park ordinances, and in particular, prevent vehicles from driving into the park. The Parks and Recreation Director, or designee, shall determine the number of officers needed to patrol the event.

12. Portable toilets and ADA portable toilets with hand washing facilities will be required.

13. Event organizers shall provide written notification thirty days in advance of the festival to adjacent neighbors on Christensen Drive and the Commons. Mailing labels will be provided. Event organizers are required to notify the Oaks Shopping Center management of expected event impacts.

14. Only water-soluble material for marking booth spaces may be used.

Community Special Events in Memorial Park Page 5 of 5 July 22, 2014

15. The maximum number of booths shall be approved by the Parks and Recreation Department representative. Organizers must obtain a Festival and Fair Permit from County of Santa Clara Department of Environmental Health and an Outdoor Fairs Permit from Santa Clara County Fire Department in advance of festival date. If alcohol is being sold, organizers must obtain a license from the Department of Alcoholic Beverage Control.

16. Festival organizers must provide, in advance of festival date, the “City of Cupertino Regulations for Festival Vendors in Memorial Park” to all festival vendors.

17. Festival organizers must abide by Fire Code requirements.

CRITERIA FOR CUPERTINO SUPPORT OF A SPECIAL EVENT
The City of Cupertino encourages special events and activities that benefit the community. The following criteria must be met for Cupertino support of a special event to be considered. The special event should:
 Provide cultural, social, recreational or educational activities for Cupertino residents.
 Demonstrate significant benefit to Cupertino residents.  Benefit charitable causes in Cupertino and/or Cupertino businesses  The City may request a copy of the event budget, volunteer hours, and list of sponsors
 Demonstrate compliance with the Cupertino Special Event Policy as well as applicable laws, ordinances and regulations (returning event only).  Submit letters of support along with its permit application (new event only).

Neighbors of the special event should be notified in advance of a City Council decision on the proposed new special event.

Approved by the City Council 8/15/05; 4/2/13; 7/2/14
Festival Festival Producer Notes Facility Usage P&R Staff Costs
PW Staff
Costs Sheriff Misc. Costs Total
Cherry Blossom (twoday) Toyokawa Sister City $11,097.50 $464.00 $4,596.00 $2,695.16 $18,852.66 World Journal (oneday)
World
Journal/Cupertino
Chinese School $1,273.75 $251.25 $2,496.00 $1,347.58 $5,368.58 Fall Festival (one-day) Cupertino Rotary $3,142.50 $296.75 $1,890.00 $2,394.92 $7,724.17 Kids N Fun Festival (oneday)Taiwanese Cultural and
Sports Association $2,582.50 $208.50 $1,890.00 $1,558.02 $6,239.02 Diwali (one-day)
Cupertino Chamber of
Commerce $3,970.00 $242.25 N/A $1,320.07 $5,532.32
Ikebana Flower Show WAFU Ikebana Society $14,680.50 $280.50 N/A N/A $14,961.00 Veteran's Day (one-day)
Cupertino Veteran's
Memorial N/A $170.00 $455.00 $625.00
Holi Festival (one-day)
Cupertino Chamber of
Commerce
CANCELLED in
2015 $0.00
Super Heroes 5k (oneday) County of Santa Clara $2,000.00 $286.00 $2,250.00 $0.00 $4,536.00 Lions Club Chicken
Feed (one-day) Lions Club
At Blackberry
Farm $690.00 $0.00 $690.00
Costs for 2015 Events $64,528.75
Festival Festival Producer Facility Usage P&R Staff
Costs
PW Staff
Costs Sheriff Misc. Costs Total
Cherry Blossom (twoday)Toyokawa Sister
City $11,097.50 $594.00 $3,780.00 $3,180.96 $19,468.46
World Journal (oneday)
World
Journal/Cupertino
Chinese School $1,273.75 $0.00 $396.00 $1,500.00 $3,169.75 Kids 'N Fun Festival
(one-day)
Taiwanese Cultural
and Sports
Association $2,582.50 $208.50 $1,890.00 $1,558.02 $6,239.02 Fall Festival (one-day) Cupertino Rotary $3,142.50 $296.75 $1,890.00 $867.75 $6,197.00 Diwali (one-day)
Cupertino Chamber
of Commerce $3,970.00 $242.25 N/A $1,320.07 $5,532.32
Veteran's Day (oneday)Cupertino Veteran's
Memorial N/A $170.00 $697.50 $867.50
Super Heroes 5k (oneday)County of Santa
Clara $2,000.00 $286.00 $2,250.00 $0.00 $4,536.00
Costs for 2016 Events $46,010.05
Festival Date Festival Producer Recreation Facility/Park/ Road Permits Sheriff Public Works Materials Total
Kids 'N Fun Festival Aug. 12, 2017
Taiwanese Cultural and
Sports Association $1,441 $7,336 $3,966 $2,803 $15,546
Fall Festival Sept. 9, 2017 Cupertino Rotary $1,364 $5,938 $3,966 $3,008 $14,277 Diwali Sept. 30, 2017
Cupertino Chamber of
Commerce $1,409 $5,800 $3,948 $3,031 $14,188
Veteran's Day Nov. 11, 2017
Cupertino Veteran's
Memorial $618 $1,000 $18 $1,593 $3,229
Ikebana Flower
Show March 3-4, 2018 WAFU Ikebana Society $258 $19,065 $19,323 Egg Hunt March 24, 2018 Home of Christ Church $789 $1,000 $0 $38 $1,827 Holi April 8, 2018
Cupertino Chamber of
Commerce $902 $1,000 $871 $18 $2,791
Cherry Blossom April 28-29, 2018 Toyokawa Sister City $3,606 $16,463 $4,356 $5,801 $30,226 World Journal May 12, 2018
World
Journal/Cupertino
Chinese School $1,868 $2,960 $4,356 $3,004 $12,188
Tournament of
Bands October 15, 2017
Cupertino Tournament
of Bands $0 $3,000 $0 $176 $3,176
Heroes Run August 26, 2017 County of Santa Clara $0 $4,120 $0 $74 $4,194 Costs for FY 17/18
Events $12,254 $67,682 $21,464 $17,972 $1,593 $120,964
Festival Date Festival Producer Recreation Facility/Park/ Road Permits Sheriff Public Works Materials Total
Kids 'N Fun
Festival Aug. 11, 2018
Taiwanese Cultural and
Sports Association $869 $6,648 $5,289 $2,832 $15,638
Fall Festival Sept. 15, 2018 Cupertino Rotary $1,364 $5,938 $5,289 $3,008 $15,599 Diwali October 13, 2018
Cupertino Chamber of
Commerce $1,409 $6,710 $5,264 $3,031 $16,414
Veteran's Day Nov. 11, 2018
Cupertino Veteran's
Memorial $618 $1,000 $18 $1,593 $3,229
Egg Hunt April 13, 2019 Home of Christ Church $789 $1,000 $0 $38 $1,827 Holi April 7, 2019
Cupertino Chamber of
Commerce $902 $3,000 $871 $18 $4,791
Cherry Blossom April 27-28, 2019 Toyokawa Sister City $3,606 $17,466 $4,356 $5,801 $31,229 World Journal May 11, 2019
World
Journal/Cupertino
Chinese School $1,868 $4,960 $4,356 $3,004 $14,188
Tournament of
Bands October 15, 2017
Cupertino Tournament
of Bands $0 $3,000 $0 $176 $3,176
Heroes Run August 26, 2017 County of Santa Clara $0 $4,120 $0 $74 $4,194 Costs for FY
18/19 Events $11,425 $53,841 $25,425 $18,001 $1,593 $110,284 Festival Festival Producer Recreation Facility/Park/
Road Permits Public Works Sheriff Materials Total
Kids 'N Fun Festival
Taiwanese Cultural and
Sports Association $1,331 $10,040 $2,871 $6,008 $20,251 Fall Festival Cupertino Rotary $1,607 $7,576 $3,047 $4,714 $16,943 Diwali
Cupertino Chamber of
Commerce $1,260 $6,980 $3,070 $2,851 $14,161
Veteran's Day
Cupertino Veteran's
Memorial $612 $1,000 $18 $1,508 $3,138
Ikebana Flower
Show WAFU Ikebana Society $294 $19,065 $19,359
Egg Hunt Home of Christ Church $483 $2,120 $23 $0 $2,626 Holi
Cupertino Chamber of
Commerce $1,122 $3,000 $18 $965 $5,106
Cherry Blossom Toyokawa Sister City $3,496 $17,826 $5,892 $4,015 $31,229 World Journal
World
Journal/Cupertino
Chinese School $1,564 $4,960 $3,043 $4,908 $14,475
Tournament of
Bands
Cupertino Tournament
of Bands $0 $3,220 $3,000 $175 $6,395
CEEF 5k CEEF $3,220 $1,461 $4,681
Heroes Run County of Santa Clara $0 $3,220 $74 $0 $3,294 Costs for FY 20/21
Events $11,770 $82,227 $18,058 $27,922 $1,683 $141,658
TOTAL $112,053.73 Total $29,604.68
Waived Fees City Paid expenses

CANCELED
due to
Pandemic
Festival Date Festival Producer Recreation Facility/Park/ Road Permits Public Works Sheriff Materials Total
Kids 'N Fun
Festival Aug. 8, 2020
Taiwanese Cultural and
Sports Association $1,331 $10,000 $2,871 $4,702 $18,904 CANCELED Night Market Aug. 22, 2020 Chamber of Commerce $1,757 $4,630 $3,070 $5,642 $15,099 CANCELED Fall Festival Sept. 12, 2020 Cupertino Rotary $1,607 $7,576 $3,047 $4,702 $16,931 CANCELED Diwali Oct. 17, 2020
Cupertino Chamber of
Commerce $1,260 $6,630 $3,070 $5,642 $16,602 CANCELED
Veteran's Day Nov. 11, 2020
Cupertino Veteran's
Memorial $612 $1,000 $18 $1,508 $3,138 CANCELED
Holi March 28, 2021
Cupertino Chamber of
Commerce $1,122 $3,000 $18 $1,881 $6,021 CANCELED
Cherry Blossom April 24-25, 2021 Toyokawa Sister City $3,496 $19,776 $5,892 $4,702 $33,866 CANCELED World Journal Date TBD
World
Journal/Cupertino
Chinese School $1,564 $4,960 $3,043 $5,662 $15,229 CANCELED Konark Dance and
Music Festival
Cupertino Bhubaneswar
Sister City $1,270 $2,910 $1,667 $1,410 $7,257 CANCELED Relay for Life June 19, 2021 American Cancer Society $294 $2,000 $14 $2,308 CANCELED Tournament of
Bands
Cupertino Tournament
of Bands $3,400 $3,000 $1,400 $7,800 CANCELED
CEEF 5K Sept. 26, 2020 CEEF $3,400 $2,000 $2,000 $7,400 CANCELED Heroes Run Nov. 7, 2020 VMC Foundation $480 $3,400 $2,000 $5,880 CANCELED Costs for FY 20/21
Events $14,793 $72,682 $29,711 $37,741 $1,508 $156,435
TOTAL $117,185.68 Total $39,248.86
Waived Fees City Paid expenses
Festival Date Festival Producer Recreation Facility/Park/ Road Permits
Public Works Sheriff Materials Total
Kids 'N Fun Festival Aug. 14, 2021
Taiwanese Cultural
and Sports
Association $784 $5,270 $2,871 $4,702 $13,627 Completed Fall Festival Sept. 11, 2021 Cupertino Rotary $1,515 $5,360 $3,081 $4,800 $14,757 Diwali Oct. 16, 2021
Cupertino Chamber of
Commerce $1,188 $6,630 $3,070 $5,889 $16,777 Completed
Veteran's Day Nov. 11, 2021
Cupertino Veteran's
Memorial $628 $1,000 $18 $1,508 $3,154
not taking
place in 2021
Ikebana Flower
Show N/A
WAFU Ikebana
Society
not taking
place in 2021
Holi April 3, 2022
Cupertino Chamber of
Commerce $1,205 $3,000 $18 $1,881 $6,104 Completed
Cherry Blossom
April 30- May 1,
2022 Toyokawa Sister City $3,662 $19,682 $5,892 $4,702 $33,937 World Journal TBD
World
Journal/Cupertino
Chinese School $1,647 $4,960 $3,043 $4,251 $13,901
Konark Dance and
Music Festival
Cupertino
Bhubaneswar Sister
City $1,352 $2,910 $1,667 $1,410 $7,339
Relay for Life June 18, 2022
American Cancer
Society $294 $2,576 $14 $2,884
Tournament of
Bands
Cupertino Tournament
of Bands $3,400 $3,000 $1,400 $7,800
CEEF 5k N/A CEEF
not taking
place in 2021
Heroes RunESTIMATED VMC Foundation $480 $3,400 $2,000 $5,880 Heroes Run
has moved to
new venue
Costs for FY 21/22
Events $12,756 $58,188 $24,676 $29,035 $1,508 $126,161
TOTAL $95,618.68 Total $30,542.30
Waived Fees City Paid expenses
No show in FY 21/22
No event in FY 21/22

PUBLIC SERVICE ETHICS
1400 K Street, Suite 205 • Sacramento, CA 95814 • 916.658.8208 F 916.444.7535 • www.ca-ilg.org Thank You to ILG’s
Supporter
The preparation and distribution
of this resource is made possible
through the generous financial
support of the Meyers Nave law
firm.

Using Public Resources for Gifts and Charitable
Purposes
www.ca-ilg.org/PublicResourcesforGifts
August 2013
Question: Our agency recently adopted a very austere
budget; this resulted in elimination of popular services and programs. Our agency chief executive has been quoted as saying that, in the current economic environment, our agency can fund only essential agency functions.

A local blogger has argued that the agency “wastes” resources on nonessential and possibly unlawful activities and this “waste” should be addressed before programs are eliminated.

To document this assertion, she has requested records relating to:
 Gifts to individuals;
 Gifts and/or contributions to nonprofit organizations;  Travel expenses; and
 Credit card usage.

She also apparently has her eye on other forms of charitable fundraising. Her theory is that, if the staff has time for such activity, they must not have enough “real work” to do. (She already has run a post criticizing firefighters participating in a “Fill the Boot” campaign for a local charity.) She has asked for copies of all emails that refer to charitable fundraising on agency time and/or using agency facilities.

As part of her crusade to restore the cut programs, she has promised to involve our district attorney, who recently announced a greater focus on public integrity issues (including the misuse of public resources). Our agency is pretty careful, but there are a few items in the records that could embarrass the agency.

What’s done is done, of course. But what spending guidelines Related Resources from
the Institute
For more information, see the
following Everyday Ethics for
Local Officials columns at
www.ca-ilg.org/everydayethics
Also visit these links to view
other documents in this series:
 Who Gets to Use Agency
Seals, Logos, Letterhead
and Other Insignia?
 Use of Public Resources:

Special Issues Around
Expenses and Expense
Reimbursement
Using Public Resources for Gifts and
Charitable Purposes August 2013
Institute for Local Government www.ca-ilg.org 2
Other Resources from
the Institute
For more information, see the
following Everyday Ethics for
Local Officials columns at
www.ca-ilg.org/everydayethics:
 “Raising Funds for
Favorite Causes”
 “Commitment to Nonprofit
Causes and Public Service:

Some Issues to Ponder”
 “For Whom the Whistle
Blows”
might local agencies consider to reduce the likelihood of heartburn when these kinds of records requests come in?
Answer: In these difficult economic times, many agencies are finding their spending decisions under increasing scrutiny. In fact, one study showed that budgetary challenges are driving greater transparency in local agency information and decision-making.1
Careful stewardship of public dollars is not, however, a new concept.

In his first inaugural address, Thomas Jefferson equated “good government” with a “wise and frugal government” that among other things, does not “take from the mouth of labor the bread it has earned.”2
Jefferson’s observation is one of the key reasons decisions on how to use public resources are especially sensitive. Most taxpayers understandably believe that a dollar that goes to the agency is a dollar they don’t get to spend (or, in Jefferson’s metaphor, bread out of taxpayers and their families’ mouths). Public dollars are a quintessential example of “other people’s money.”
This piece will address the gifts and charitable contribution and/or fundraising issue raised by the question above. The next will address travel, expense reimbursement and credit card use.

Gift-Giving Issues for Public Agencies
Public-sector norms can differ significantly from the private sector. It is common for business people to extend hospitality and make gifts and charitable contributions to generate goodwill for the company.

In the public sector, California’s constitution specifically prohibits “gifts” of public resources, often referred to as the ban on “gifts of public funds.”3It also applies to gifts from either an agency or its officials to private citizens or organizations.

Because this ban is in California’s constitution, it applies to all public agencies except charter cities. However, the charters of many charter cities prohibit gifts.

How does one know if a goodwill activity or gesture that might be perceived as a gift is okay? The test is whether a valid public purpose justifies the use of public resources in the manner proposed.4
Note that special districts have an additional burden when it comes to expenditures. Not only must they demonstrate the contribution serves a valid public purpose, but they must also demonstrate that the expenditure falls within the specifically enumerated powers of that particular type of district.5
Using Public Resources for Gifts and
Charitable Purposes August 2013
Institute for Local Government www.ca-ilg.org 3
Another legal requirement to be aware of is the prohibition against using public resources for personal or political purposes.6Public resources include public money, of course. Public resources also include anything paid for with public money, including equipment, supplies, staff time and public agency facilities.7
Use of Public Resources in General
A wise public servant makes sure any use of public agency money, supplies, facilities, equipment or staff time occur in accordance with adopted agency policies, including requirements relating to disposition of surplus agency property. Such policies can include findings on the benefits of the allowed uses of public resources (for example, the benefits being a member of certain civic organizations or picking up the tab at meals if that is the best way to get face time with certain individuals to discuss agency business).8 Charitable Donations
The prohibition against gifts of public funds has implications for charitable giving by public agencies.9 As Scrooge-like as it may seem, a public official should not assume it is appropriate for public agencies to contribute to charitable organizations.

When might public agency support for charitable organizations be appropriate? The following examples illustrate some circumstances:
 When the charity provides a service that complements or enhances one the public agency provides itself;
 When there is an identifiable secondary benefit to the public agency; or  When the charity provides a service the public agency could provide but chooses not to.

Making findings in the minutes about the benefits to the agency associated with providing resources to the charity is a good practice. See chart below for example analyses.

As always, concluding that expenditure may be legal is just the first step of the analysis — just because something is “legal” does not mean that it is the best use of resources in light of all competing demands on the agency’s treasury.

Using Public Resources for Gifts and
Charitable Purposes August 2013
Institute for Local Government www.ca-ilg.org 4
Examples of Ways to Document Benefits
Associated with Charitable Support
Relationship To
Public Agency Programs
Example Nature of Benefit(s)

1. Complementary service Donation to Tree
Foundation in return for
agreement to replace street
trees agency removes
because of disease or old
age
Foundation has specialized
knowledge about trees
suitable for area
Organization shares goal of
populating area with more
trees, thereby saving energy
and enhancing property
values for residents
Other grants received by the
Tree Foundation mean the
agency and those it serves
save money on replacement
of trees

2. Demonstrable benefit Boys and Girls Club’s after
school programs
Such programs reduce the
need for law enforcement
activities in area. Programs
promote public safety and
law abiding youth in a
positive, cost effective
manner

3. Service agency could
provide but does not
Homeless shelter and
associated placement
programs
Such programs help end
cycle of homelessness.

Reducing homelessness is
one of the agency’s housing
element goals
Making donations to charitable causes that are far away from the jurisdiction (for example, the victims of a hurricane) also present special challenges. Because of the distance, it can be more difficult to justify the contribution as creating benefits to the jurisdiction’s residents.10 Some agencies cite promoting a culture of mutual aid and reciprocation as the anticipated benefit.

Individual decisions (for example, by elected officials or staff) to use public money to support a particular charitable or civic organization can also be subject to question. The least risky approach is to have such be made by an agency governing body, so the requisite findings on the benefit to the agency and the community it serves can be made.

Using Public Resources for Gifts and
Charitable Purposes August 2013
Institute for Local Government www.ca-ilg.org 5
Such a process can also be more transparent in terms of notice that such support is under consideration, and it provides an opportunity for the community to weigh in on the wisdom of using public resources for such purposes. This type of approach also reduces the possible perception that decisions are made to curry political favor.11 Of course, just because something is allowed under legal standards doesn’t mean that it is the best use of scarce public resources. This is where the front page test is a good guide — particularly with the understanding that bloggers and members of the media usually put themselves in the role of questioning public agency actions. The key question for any use of public money is whether the use is the best use. This is particularly so when an agency is finding it necessary to discontinue programs and services that the public values that perhaps are more central to the agency’s mission.

Fundraising on Agency Time
As already mentioned, staff time is a public resource. Accordingly, it can be wise for local agencies to have policies governing under what circumstances staff may fundraise for charitable purposes while at work. Such policies can minimize criticism and legal questions relating to whether employees are using public agency time and other resources for personal purposes (in other words, using their time on the job to raise funds for their personal causes).

Such policies can also avoid tensions between employees who fundraise and those who are the objects of those
fundraising solicitations. The latter may feel their relations with colleagues will be damaged if they don’t open their wallets.12 Fundraising ethics suggests that no one should ever be pressured to give (for example, supervisors should avoid soliciting those they supervise because of the power differential) and that such efforts should not occur during working hours.

Fundraising solicitations to those outside the agency
present other issues. Those who do business with the
agency (or want to do business with the agency) may feel pressured to contribute to maintain positive relations.

These solicitations also can look like pay to play to the public and media.13 Solicitations for fundraisers connected with religious organizations can present separation of church and state issues.14 Using public resources to support such fundraisers can subject an agency to criticism that it is endorsing a particular religion.15 Finally, if such fundraising is allowed under specified circumstances, safeguards and controls must be in place to assure that any funds raised through such efforts go to the cause identified in the solicitation.

Seek Professional Advice
Although the Institute for Local
Government endeavors to help local
officials understand laws that apply to
public service, its informational
materials are not legal advice. In
addition, attorneys can and do disagree
on the best application of those rules to
public meeting practices.

Officials are encouraged to consult an
attorney for advice on specific
situations.

Using Public Resources for Gifts and
Charitable Purposes August 2013
Institute for Local Government www.ca-ilg.org 6
About the Institute for Local Government
This resource is a service of the Institute for Local Government (ILG) whose mission is to promote good government at the local level with practical, impartial, and easy-to-use resources for California communities.

ILG is the nonprofit 501(c)(3) research and education affiliate of the League of California Cities and the California State Association of Counties.

For more information and to access the Institute’s resources on ethics visit www.ca-ilg.org/analyzing-publicservice-dilemmas .

The Institute welcomes feedback on this resource:
 Email: [email protected] Subject: Using Public Resources for Gifts and Charitable Purposes  Mail: 1400 K Street, Suite 205 ▪ Sacramento, CA ▪ 95814 In a similar vein, some agencies prohibit groups from engaging in charitable fundraising during governing body meetings. Groups are allowed to speak during public comments at the meetings, but are not allowed to sell goods or collect donations in the meeting chambers.

Conclusion
Missteps, criticism and embarrassment can be minimized when everyone participating in a public agency’s process of allocating resources and making spending decisions is sensitive to the reality that every public dollar is the community’s money. Orientations of newly elected officials and new employees provide one opportunity to sensitize and acquaint public officials and employees to relevant agency policies on what is and is not allowed.

Emphasizing the special stewardship of the agency over public resources as a part of internal communications and the overall agency culture is another helpful strategy.

The Institute for Local Government (ILG) thanks attorney John Bakker, with the law firm of Meyers Nave, for providing peer review of this resource.

References and Resources
Note: Sections in the California Code are accessible at http://leginfo.legislature.ca.gov/. Fair Political Practices Commission regulations are accessible at www.fppc.ca.gov/index.php?id=52. A source for case law information is www.findlaw.com/cacases/ (requires registration).
1 Emily Jarvis, Transparency Report Card - Did your state make the grade? April 9, 2013, available at www.govloop.com/profiles/blogs/report-cards-are-in-did-you-state-s-transparency-make-thegrade?elq=41580263bf4f4745991fe0b09631d2aa&elqCampaignId=2920 (quoting Phineas Baxandall, senior analyst for tax and budget at the US Public Interest Group that annually grades each state on transparency:
"Tight budgets are actually a spur towards greater transparency in that public officials want to show that they are taking these tradeoffs seriously. They want to show the money is accounted for. One of the things we asked states was how much does this really cost them and we continue to be surprised how little it costs," said Baxandall. 2 Thomas Jefferson, First Inaugural Address, 1801 available at www.bartleby.com/124/pres16.html. The full quote is:

Using Public Resources for Gifts and
Charitable Purposes August 2013
Institute for Local Government www.ca-ilg.org 7

Let us, then, with courage and confidence pursue our own Federal and Republican principles, our attachment to union and representative government. Kindly separated by nature and a wide ocean from the exterminating havoc of one quarter of the globe; too high-minded to endure the degradations of the others; possessing a chosen country, with room enough for our descendants to the thousandth and thousandth generation; entertaining a due sense of our equal right to the use of our own faculties, to the acquisitions of our own industry, to honor and confidence from our fellow-citizens, resulting not from birth, but from our actions and their sense of them; enlightened by a benign religion, professed, indeed, and practiced in various forms, yet all of them inculcating honesty, truth, temperance, gratitude, and the love of man; acknowledging and adoring an overruling Providence, which by all its dispensations proves that it delights in the happiness of man here and his greater happiness hereafter—with all these blessings, what more is necessary to make us a happy and a prosperous people? Still one thing more, fellow-citizens—a wise and frugal Government, which shall restrain men from injuring one another, shall leave them otherwise free to regulate their own pursuits of industry and improvement, and shall not take from the mouth of labor the bread it has earned. This is the sum of good government, and this is necessary to close the circle of our felicities. (emphasis added)
3 See Cal. Const. art. XVI, § 6 (“nor shall it [the Legislature] have power to make any gift or authorize the making of any gift, of any public money or thing of value to any individuals, municipal or other corporation whatever;…”). See also Albright v. City of South San Francisco, 44 Cal. App. 3d 866, 870, 118 Cal. Rptr. 901, 902 (1975) (making the connection between council member expenses and the prohibitions against a gift of public funds). Although the prohibition is directed to the Legislature, the courts’ theory is that, since general law cities, counties and special districts derive much of their authority from the Legislature, such local agencies also do not have the power to make gifts of public funds.
4 City and County of San Francisco v. Patterson, 202 Cal. App. 3d 95, 103-04, 248 Cal. Rptr. 290, 295 (1988). See also McQuillin, Municipal Corporations, § 39.25 (3d ed.) (all expenditures must be for a public purpose). 5 See for example, California State Auditor, “Metropolitan Water District of Southern California: Its Administrative Controls Need to Be Improved to Ensure an Appropriate Level of Checks and Balances Over Public Resources,” (Report #2003-136, June 2004), at 15-18, available at www.bsa.ca.gov/pdfs/reports/2003-136.pdf. 6 Cal. Gov’t Code § 8314. See Cal. Penal Code § 424.
7 Cal. Gov’t Code § 8314(b)(3).
8 David Fonseca, West Hollywood Patch, No Charges Filed Against Duran for Meals Expenses, April 15, 2013 available at http://westhollywood.patch.com/articles/no-charges-filed-against-duran-for-meals-expenses. 9 See generally McQuillin, Municipal Corporations, § 39.32 (3d ed.) (“Appropriations to charitable or nonprofit associations, without consideration [something in return], cannot be made.”) 10 See 64 Cal. Op. Att’y Gen. 478 (1981) (noting that grants to other agencies must serve the interests or purposes of the residents of the granting agency).
11 “Here’s $50,000 – Spend it Well,” Sacramento Bee, November 23, 2003, page B1, B6 (The president of the local taxpayers’ association suggested that when donations are made to groups from individual discretionary accounts there is “a thin line” and observed that it is “almost like they’re buying votes”). 12 See for example, What’s the etiquette for sharing kids’ fundraiser appeals at work? Linda Ann Nickerson Oct 6, 2011 12:08 PM EDT http://shine.yahoo.com/etiquette-sharing-kids-fundraiser-appeals-160800552.html 13 “Mayor Works Around the Rules,” San Jose Mercury News Editorial, March 21, 2004. 14 City Attorneys’ Dep’t League of California Cities, The California Municipal Law Handbook § 1.63 (Ann H.

Davis ed., Cal CEB 2012).
15 Ed Fletcher, Chili Cook-off Lands City Officials in Hot Water, March 12, available at www.sacbee.com/2013/03/12/5254712/roseville-chili-cook-off-lands.html (a national organization took a city to task when an employee sent an email to neighborhood organizations promoting attendance at a fundraiser for a religiously affiliated organization in which city officials were participating, but was not sponsored by the city. A local law professor noted a problem arises when employees are picking which event to endorse or support, noting that it’s advisable to avoid speaking as the government endorsing a religion).

G:\INSTITUTE\Ethics\Ethics Column\2013\4-Gifts and Charitable Donations\Formatted Using Public Resources for Gifts and Charitable Purposes.docx
CC 06-07-2022
Item No. 14
FY 2022-23 City Work
Program
Written Communications
From: Connie Cunningham
To: City Clerk; City Council
Subject: Resend: Consent Item FY2022-23 , Please read, Connie Cunningham June 7, 2022 City Council Date: Tuesday, June 7, 2022 4:35:44 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

To All,
I am not pulling this item. I am asking for this email to be read if it is pulled.

Thank you,
Connie Cunningham
Begin forwarded message:

From: Connie Cunningham <[email protected]>
Subject: Consent Item FY2022-23 , Please read, Connie Cunningham June 7, 2022 City Council
Date: June 7, 2022 at 4:29:13 PM PDT
To: City Clerk Cupertino <[email protected]>,
"[email protected]" <[email protected]> Dear Mayor, Vice-Mayor and Councilmembers:

Below is the email that I sent to the Planning Commission on Tuesday, May 24, 2022 regarding the Study Session that night on the Housing Element. My main point is that expecting City Staff and Consultant EMC to make up the time for the delays caused by the Planning Commission and other Committees, plus the City Council have now passed from being unreasonable to being unacceptable. I can say the same thing for the FY 2022-23 City Work Plan. The City Work Plan process and CIP process all impact the budget preparation process.

I repeat: The delays caused by the Planning Commission and other Committees, plus the City Council have now passed from being unreasonable to being unacceptable.

I am disappointed with the delay in the Housing Element process that is occurring tonight. Why has the Planning Commission decided to discuss the Site Selection again?
At the April 26, 2022 Planning Commission meeting, there was a robust discussion of the Site Inventory, with many ideas presented by the public as well as the Commissioners. The conclusion was to forward this action to the City Council.

Expecting City Staff and Consultant EMC to make up the time for this delay and other delays has passed from being unreasonable to being unacceptable.

Sincerely,
Connie Cunningham
Housing Commission (self only)
****************************
CC 06-07-2022
Study Session Item No.1
Community Grant Funding
Program
Updated Attachment C
Evaluation Totals and Parks
and Recreation Commission
Recommendation
Desk Item
1 Kirsten Squarcia
Subject: FW: information about Omniware Networks to address your questions last night Attachments: CA registration approved.pdf
From: Omniware Networks <[email protected]>
Sent: Wednesday, June 8, 2022 3:49 PM
To: City Council <[email protected]>; Kitty Moore <[email protected]>; Hung Wei <[email protected]>; Jon Robert Willey <[email protected]>; Liang Chao <[email protected]>; Darcy Paul <[email protected]>
Cc: Rachelle Sander <[email protected]>
Subject: information about Omniware Networks to address your questions last night CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Dear Cupertino City Council members,
I was not able to attend last night's meeting and appreciate everyone's attention and time to review and discuss our applications for the community fund.

I watched the YouTube video today and noticed that people have some questions about our organization. I'd like to provide the accurate information of our organization for you to consider / review. 1) I include the IRS link here, which verifies our 501c(3) nonprofit status and our tax report is complete/compliant through 2021. The quick snapshots of our tax records published by IRS are below:
2 2) We are a registered nonprofit organization in California, a copy of the CA registration is attached. 3) We have been partnering with and received grants from the County of Santa Clara. County had an official press release highlighting our organization (click here)
4) Our activities: on our websites and our application form, we only publish select activities that we organized but not an exhaustive list, since many of our volunteers do small and grassroot activities. We believe it is a good way to contribute to and engage with communities, and should be aligned with Cupertino's community fund vision and mission ‐ which was also stated by the vice mayor last night.
5) Our size: One key personnel retired in recent year and we are in the process of backfilling.

Anything else that I can provide in order to enable the you to review our application based on the accurate information? If a live presence at the meeting is helpful, I'd be glad to attend if someone can let me know the time/date in advance.

Thanks
Judy
4855568
02/28/ 2022
I, STEVE R. HOBBS, Secretary of State of the State of Washington and custodian of its seal, hereby issue this

CERTIFICATE OF EXISTENCE
OF

OMNIWARE NETWORKS
I CERTIFY that the records on file in this office show that the above named entity was formed under the laws of the State of Washington and that its public organic record was filed in Washington and became effective on 02/07/2007.

I FURTHER CERTIFY that the entity’ s duration is Perpetual, and that as of the date of this certificate, the records of the Secretary of State do not reflect that this entity has been dissolved.

I FURTHER CERTIFY that all fees, interest, and penalties owed and collected through the Secretary of State have been paid.

I FURTHER CERTIFY that the most recent annual report has been delivered to the Secretary of State for filing and that proceedings for administrative dissolution are not pending.

Issued Date: 02/28/2022
UBI Number: 602 693 803
Given under my hand and the Seal of the State
of Washington at Olympia, the State Capital
Steve R. Hobbs, Secretary of State
Date Issued: 02/28/2022
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FOREIGN CORPORATION

WASHINGTON
March 8, 2022.

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Community Funding FY 22-23
Ranking Summary
Status Applicant Minna Sashi Carol Gopal Seema Commission Average
Commission
Ranking
Amount
Requested Tier Project Name
Cupertino
Residents
Served
Eligibility
New Omniware Networks 80 76 87 75 60 75.6 6 $2,000.00 Tier 2 Peace Love Unity Youth Art Contest Exhibition 1,000 Eligible New Palisadoes Foundation 50 57 39 50 70 53.2 16 $3,750.00 Tier 2 Calico Challenge SF 1 Eligible New STEMBoost Corporation 0 18 $4,000.00 Tier 2 STEMBoost Summer Workshop 4,588 Not Eligible New American Cancer Society - Relay for Life 77 90 73 80 80 80 5 $6,000.00 Tier 3 Relay for Life of Silicon Valley North 180 Eligible New Youngzine 61 82 66 64 77 70 10 $6,000.00 Tier 3 Summer Youth Climate Steward Program 12 Eligible New Able 2 Shine 0 18 $20,000.00 Tier 4 Teens Club Events in 2022 2,000 Not Eligible New Cupertino Educational Endowment Foundation 52 20 56 55 47 46 17 $20,000.00 Tier 4 Expansion of Teacher Grant Program 6,217 Eligible New Cupertino Union School District 51 65 91 65 82 70.8 9 $20,000.00 Tier 4 CUSD Summer Bridge 240 Eligible New Fremont Union High Schools Foundation 64 87 93 74 88 81.2 3 $20,000.00 Tier 4 Care Solace Partnership for Mental Health Services 7,000 Eligible New Women SV 72 88 75 95 97 85.4 2 $20,000.00 Tier 4 Technical Support for Domestic Abuse Survivors 10 Eligible Status Applicant Minna Sashi Carol Gopal Seema Commission Average
Commission
Ranking
Amount
Requested Tier Project Name
Cupertino
Residents
Served
Eligibility Last Funded Amount
Funded Project
Returning Breathe California of the Bay Area 78 80 69 89 55 74.2 7 $4,000.00 Tier 2 Seniors Breathe Easy 2,500 Eligible FY 2020-2021 $4,000 FY20-21 extended to FY21-22 due to COVID Returning Tian Hong Foundation 65 70 58 78 65 67.2 11 $4,500.00 Tier 2 2022 Tian Hong Cross Cultural Youth Art Contest (Love in my life) 100 Eligible FY 2021-2022 $3,000 2021 Youth Art Contest (Nature and Me) Returning Buddhist Tzu Chi Medical Foundation 71 72 89 73 66 74.2 7 $8,300.00 Tier 3 Healthy Cupertino Health Fair 50 Eligible FY 2021-2022 $7,400 Healthy Cupertino Health Fair Returning Senior Services - Heart of the Valley 75 75 88 79 89 81.2 3 $6,160.46 Tier 3 COVID Car Kit 50 Eligible FY 2019-2020 $7,000 FY19-20 extended to FY 20-21 due to COVID Returning Chinese American Coalition for Compassionate Ca 62 60 76 77 56 66.2 12 $13,000.00 Tier 4 Mindfully Facing Grief and Loss and Starting the Conversation 1,000 Eligible FY 2021-2022 $12,000 Starting the Conversation and Mindful Self-Care Returning Cupertino Bhubaneswar Sister City Initiative 41 55 63 54 62 55 14 $15,000.00 Tier 4 Bhubaneswar Sister City Event/Festival for Exchange & Immersion 2,000 Eligible FY 2020-2021 $7,500 Festival and Exchanges Returning Euphrat Museum of Art - De Anza College 48 35 85 63 42 54.6 15 $15,000.00 Tier 4 Euphrat Museum of Art exhibitions and events 11,500 Eligible FY 2021-2022 $15,000 Euphrat Museum exhibitions and events 2021-2022 Returning Monta Vista High School Speech Boosters Inc 0 18 $10,000.00 Tier 4 Monta Vista Speech Program 4,464 Not Eligible FY 2021-2022 $3,000 Monta Vista Speech Program Returning Rotary Club of Cupertino 45 48 90 70 58 62.2 13 $12,000.00 Tier 4 Silicon Valley Fall Festival 500 Eligible FY 2021-2022 $12,000 Cupertino Fall Festival Returning West Valley Community Services 74 95 92 90 85 87.2 1 $10,000.00 Tier 4 Gift of Hope 2022 300 Eligible FY 2021-2022 $10,000 Gift of Holiday Hope Program Returning Silicon Valley Jewish Film Festival 0 18 $10,000.00 Tier 4 Silicon Valley Jewish Film Festival 5,000 Not Eligible FY 2020-2021 $5,000 SV Jewish Film Festival TOTAL Community Funding Grants Requested $229,710.46
Tier 1 <$999.99
Tier 2 $1,000.00 - $4,999.99
Tier 3 $5,000.00 - $9,999.99
Tier 4 $10,000.00 - $20,000.00
Tiers
Community Funding Approved Funding Range - $70,000 to $90,000 New Applicants
Returning Applicants
Community Funding FY 22-23
Eligible Applicants
Status Applicant Minna Minna
Rank Sashi Sashi Rank Carol Carol Rank Gopal Gopal Rank Seema Seema Rank Commission
Average
Commission
Ranking
Ranking
Average
Amount
Requested
Funding
Tier Cumulative Total Applicant Commission Average
Amount
Requested Cumulative Total
Returning West Valley Community Services 74 5 95 1 92 2 90 2 85 4 87 1 2.8 $ 10,000.00 Tier 4 $ 10,000.00 West Valley Community Services 87 $ 10,000.00 $ 10,000.00 New Women SV 72 6 88 3 75 10 95 1 97 1 85 2 4.2 $ 20,000.00 Tier 4 $ 30,000.00 Women SV 85 $ 20,000.00 $ 30,000.00 Returning Senior Services - Heart of the Valley 75 4 75 8 88 6 79 5 89 2 81 3 5 $ 6,160.46 Tier 3 $ 36,160.46 Fremont Union School District 81 $ 20,000.00 $ 50,000.00 New Fremont Union High Schools Foundation 64 9 87 4 93 1 74 9 88 3 81 3 5.2 $ 20,000.00 Tier 4 $ 56,160.46 Senior Services - Heart of the Valley 81 $ 6,160.46 $ 56,160.46 New American Cancer Society - Relay for Life 77 3 90 2 73 11 80 4 80 6 80 5 5.2 $ 6,000.00 Tier 3 $ 62,160.46 American Cancer Society - Relay for Life 80 $ 6,000.00 $ 62,160.46 New Omniware Networks 80 1 76 7 87 7 75 8 60 12 76 6 7 $ 2,000.00 Tier 2 $ 64,160.46 Omniware Networks 76 $ 2,000.00 $ 64,160.46 Returning Buddhist Tzu Chi Medical Foundation 71 7 72 9 89 5 73 10 66 9 74 7 8 $ 8,300.00 Tier 3 $ 72,460.46 Buddhist Tzu Chi Medical Foundation 74 $ 8,300.00 $ 72,460.46 Returning Breathe California of the Bay Area 78 2 80 6 69 12 89 3 55 15 74 7 7.6 $ 4,000.00 Tier 2 $ 76,460.46 Breathe California of the Bay Area 74 $ 4,000.00 $ 76,460.46 New Cupertino Union School District 51 13 65 11 91 3 65 12 82 5 71 9 8.8 $ 20,000.00 Tier 4 $ 96,460.46 Cupertino Union School District 71 $ 20,000.00 $ 96,460.46 New Youngzine 61 11 82 5 66 13 64 13 77 7 70 10 9.8 $ 6,000.00 Tier 3 $ 102,460.46 Youngzine 70 $ 6,000.00 $ 102,460.46 Returning Tian Hong Foundation 65 8 70 10 58 15 78 6 65 10 67 11 9.8 $ 4,500.00 Tier 2 $ 106,960.46 Tian Hong Foundation 67 $ 4,500.00 $ 106,960.46 Returning Chinese American Coalition for Compassionate Care 62 10 60 12 76 9 77 7 56 14 66 12 10.4 $ 13,000.00 Tier 4 $ 119,960.46 Chinese American Coalition for Compassionate Care 66 $ 13,000.00 $ 119,960.46 Returning Rotary Club of Cupertino 45 16 48 15 90 4 70 11 58 13 62 13 11.8 $ 12,000.00 Tier 4 $ 131,960.46 Rotary Club of Cupertino 62 $ 12,000.00 $ 131,960.46 Returning Cupertino Bhubaneswar Sister City Initiative 41 17 55 14 63 14 54 16 62 11 55 14 14.4 $ 15,000.00 Tier 4 $ 146,960.46 Cupertino Bhubaneswar Sister City Initiative 55 $ 15,000.00 $ 146,960.46 Returning Euphrat Museum of Art - DeAnza College 48 15 35 16 85 8 63 14 42 17 55 15 14 $ 15,000.00 Tier 4 $ 161,960.46 Euphrat Museum of Art - DeAnza College 55 $ 15,000.00 $ 161,960.46 New Palisadoes Foundation 50 14 57 13 39 17 50 17 70 8 53 16 13.8 $ 3,750.00 Tier 2 $ 165,710.46 Palisadoes Foundation 53 $ 3,750.00 $ 165,710.46 New Cupertino Education Endowment Foundation 52 12 20 17 56 16 55 15 47 16 46 17 15.2 $ 20,000.00 Tier 4 $ 185,710.46 Cupertino Education Endowment Foundation 46 $ 20,000.00 $ 185,710.46 Sorted by Ranking Sorted by Average Score
Community Funding FY 22-23
Not Eligible Applicants
Status Applicant Not Eligible Reason Amount
Requested Tiers
New STEMBoost Commission voted not eligible based on fees being charged for the workshop $ 4,000.00 Tier 2
Returning Monta Vista High School
Speech Boosters Inc
Commission voted not eligible based on fees
being charged for the program $ 10,000.00 Tier 4
Returning Silicon Valley Jewish
Film Festival
Commission voted not eligible based on fees
being charged for movie tickets and passes $ 10,000.00 Tier 4 New Able 2 Shine
Commission voted not eligible based on more
than 75% of the requested funds allocated for
direct service costs versus administrative costs.

Also, request was for operational costs. $ 20,000.00 Tier 4 CC 06-07-2022
Item No. 37
FY 2022-23 Budget
Adoption
Attachment K
Proposed Budget
Questions and Responses
Desk Item
1 Proposed Budget Questions .................................................................................................................1 Notable Accomplishments Questions...........................................................................................1 New Initiatives Questions...................................................................................................................2 Budget Overview Questions.............................................................................................................3 Budget Terminology Questions........................................................................................................4 Senior Center Questions ....................................................................................................................5 Special Projects Questions................................................................................................................6 Vehicles......................................................................................................................................................9 Development Impact Fees and Construction Taxes ...................................................................10 Proposed Budget Questions

1. What were the (historical) impacts of previous CDTFA audits? a. The City was previously audited in FY 2012-13. When the City was informed of the potential impact of the audit, it set aside funding to cover the losses in assigned fund balance. The results of the audit were that taxes received by the City were allocated appropriately, and the City did not need to return any sales tax previously received. The assigned fund balance was released to unassigned fund balance.

2. What has the impact of the approximately $9M Covid-19 relief funding? a. On September 7, 2021, City Council approved the use of the American Rescue Plan Act of 2021 funding allocation. Staff recommended and City Council approved using the funding for Revenue Loss. Staff identified specific line items within each department to be funded by the American Rescue Plan Act revenues.

They primarily included City Work Plan, special project items, and core services such as law enforcement, library services, and street pavement maintenance.

The City's allocation of the American Rescue Plan Act of 2021 and the action to direct the funding toward Revenue Loss are projected to increase the General Fund's fund balance by $9.7 million.

Notable Accomplishments Questions

3. Page 22 - What are the results/recommendations derived from the "multimodal count sensors"?
a. Public Works and Innovation Technology are currently collecting data and will begin analysis later this month. Multimodal devices are installed at four intersections along De Anza Blvd (Homestead Rd, 280N, 280S, & Mariani Ave). 2 These devices distinguish and count various traffic types, e.g., pedestrian, car, and bicycle.

4. Page 25 - What's "backflow device testing"?
a. Backflow devices are part of the water system and belong to the individual property owners, including the City. They are typically located near the water meter and prevent water from flowing backward into the water system. These are regulated devices that require routine testing and reporting to document that they are functioning properly. These devices keep water from flowing back into the potable water system.

New Initiatives Questions

5. Page 26 - Adopt environmental protection standard conditions of approval (adopt objective standards): Has this happened or is under way? a. It was adopted and completed with the City Attorney's Office's (CAO) assistance in October of 2021.

6. Page 27 - Video Capture Camera Expansion: Is the completed? a. Video Capture Camera Expansion is a multi-year project. Cameras installed thus far include:
i. Cameras at all locations where cash drawers are located. ii. Cameras at all locations where safes are located
iii. Cameras at Service Center that cover all high-risk areas iv. Future projects include City facilities, entry/exit points, public spaces (not conference rooms) and high-risk areas.

7. Page 27 - Proactive Managed Risk and Security Monitoring: Where are the proactive monitoring and management tools that scan and resolve security vulnerabilities? a. These tools run 24/7. They are utilized on the City's computer network and assist in preventing cybersecurity threats by defining potential vulnerabilities and taking corrective action.

8. Page 29 - The current landfill agreement, established in 1989, expires in November 2023.

What is a new Landfill Agreement?
a. The City needs an agreement with a landfill to take the City's unrecyclable trash.

The City could create a new agreement with the existing landfill location or explore other options, but the City always needs a place to take the trash. This new agreement process will aim to consider all the available possibilities, including the possibility of routing trash through a material recovery facility that could "rescue" recyclables from the trash before the trash goes to the landfill. It could also involve more than one service provider, so it is a complex process that will have to take many factors into consideration
3 Budget Overview Questions

9. I hope to understand a bit about how each department create their Budget. Let's take Parks and Rec as an example.
a. The process for budget creation is similar for each department. The FY 2019-20 Adopted Budget was zero-based. Each department developed zero-based budgets for all programs based on three years of prior year actual expenditures.

Every December, staff reviews and updates the base budget. Staff removes any expenses that are no longer needed and adds any ongoing expenses approved by City Council since the last fiscal year. Salaries and benefits are budgeted based on employee pay rates and benefit rates. The City budgets the costs for all positions, including vacant positions. Materials are increased by the consumer price index (CPI), and contracts are increased by CPI, or the negotiated contract increase if that information is available. After the base is updated, departments may request additional one-time or ongoing funding by submitting budget requests. The City Manager has final approval for all requests included in the Proposed Budget for Council consideration.

10. Page 34 - The Special Revenue Funds will increase from $28.4 million to $33.1 million:

Why does the Special Revenue Funds not spent? Does the City have a plan to spend the Special Revenue Funds?
a. The increase from $28.4 million to $33.1 million represents fund balance. The increase in fund balance is primarily due to revenue in the BMR Housing Fund of $8 million but appropriation estimates of $1.2 million. This increase is offset by the planned use of fund balance of $1.7 million in the Transportation Fund.

11. Also, some of the actuals have consistently been much lower than the budgeted amounts. Is there some policy for the increases? Some look like they could be lowered. a. The actuals in this expense category have fluctuated over the last five years, most recently due to the pandemic. They have ranged from a high of $5 million (FY 2017-18) to a low of $3.2 million (FY 2013-14). FY 2019-20, affected by the onset of the pandemic, had expenses of $4.9 million despite the shelter in place order that when into effect mid-March, which likely impacted actual expenses that year. As provided in the Proposed Budget briefing handout, the difference between FY 2020-21 actual and FY 2021-22 budgeted material costs is due primarily to software, utility, fuel, irrigation replacement, and printing and general supplies in Parks and Recreation.

The City does not have a policy on materials. However, it has instructions and procedures describing how to budget for base budget materials. The FY 2019-20 Adopted Budget was zero-based; staff analyzed all functions for their needs and costs and justified all expenses. Every December, staff reviews and updates the base budget. Staff removes any expenses that are no longer needed and adds any 4 ongoing expenses approved by City Council since the last fiscal year. Staff updates materials costs by a CPI escalator. After the base budget is updated, departments may request additional one-time or ongoing funding by submitting budget requests. The Director of Administrative Services reviews those requests for funding availability. The City Manager has final approval for all proposals included in the Proposed Budget for Council consideration. Given the anomaly of the last couple of years, staff will be reviewing the materials budget in the next couple of years to see if an adjustment is necessary.

12. What is the unassigned fund balance in the General Fund, currently? a. As of the FY 2021-22 Mid-Year Financial Report, unassigned fund balance in the General Fund was $37.2 million. In the FY 2021-22 Third Quarter Financial Report, which will be before Council on May 19, unassigned fund balance in the General Fund is projected to be $46.1 million. The increase is due to projected increases in sales tax revenue.

Budget Terminology Questions

13. Could you please more specifically define what falls under the budget category of Materials.
a. The definition of materials can be found on page 46 in greater detail and page 54 of the Proposed Budget in summary but with the addition of conference and training costs. Text from both those pages is included below:
i. Page 46: Materials and supplies represent items purchased for repair and maintenance, operational activities such as books, uniforms and recreation supplies, and office supplies.
ii. Page 54: All materials, conference, and training costs iii. In addition, the detailed account name will provide greater transparency to expenses being charged under materials. The detailed account name can be found in Appendix B or the City's interactive financial transparency portal, OpenGov.

14. What is Cost Allocation?
a. Beginning in FY 2013-14, the City allocated indirect and overhead costs based on a Cost Allocation Plan (CAP). In FY 2015-16, Matrix Consulting Group developed a full Cost Allocation Plan for the City. Matrix Consulting Group developed the plan based on Generally Accepted Accounting Principles (GAAP) and indirect cost allocation methods defined by the federal Office of Management and Budget's (OMB) Circular A-87.

Indirect costs are costs for services provided to multiple departments and programs. Central service providers (e.g., City Manager's Office, City Attorney's Office, Finance, Human Resources, Innovation Technology (IT), and City Hall 5 building maintenance) provide services to multiple departments and programs.

For example, the full cost of the Quinlan Community Center includes its direct costs (e.g., salaries, benefits, materials, and contracts) plus the indirect costs of services received from central service providers (e.g., finance, human resources, and IT). The Cost Allocation Plan allows the City to understand the full cost of providing specific services to the community more accurately. For example, the Cost Allocation Plan helps the City analyze the full cost of the Quinlan Community Center as if it were a stand-alone business; a stand-alone business would typically have costs for services such as finance, Human Resources, and IT.

The Cost Allocation Plan follows the double step-down method, which uses two steps to allocate costs fully. In the first step, the costs of central service programs are allocated to other central service programs and receiving programs. In the second step, the total costs (including costs allocated in the first step) of central service programs are allocated to the receiving programs only.

The model allocates costs to receiving programs based on an allocation base, which quantifies the use of each service. For example
• Human Resources benefits costs are allocated based on each program's number of FTE.
• Accounting costs are allocated based on each program's number of financial transactions.
• IT costs are allocated based on the number of computer and mobile devices assigned to each program.

Revenues are allocated directly to the program providing the service.

The FY 2022-23 Cost Allocation Plan was prepared using data from the last fiscal year (FY 2020-21).

Senior Center Questions

15. I wish to find out more about our Budget on senior center, including all the staffing.

That page has a row called "Cost Allocation", I wonder what that is. a. Pages 343 and 347 of the FY 2022-23 Proposed Budget shows the staffing in the Senior Center.
6 100-62-608 (Page 343)
100-62-623 (Page 347)
Each program budget includes a staffing table showing all the full-time benefitted staff in the program. Each department budget also presents a staffing table in the Department Summary of each department budget.

Cost Allocation is described above under Glossary of Budget Terminology.

Special Projects Questions

16. Provide the status of (dollar amount spent) for each of the FY 21-22 Special Projects.

Please remove the duplicative drone item.
a. Two items are mentioned for Drone: Skydio Drone and Drone Deploy. The actual drone (Skydio Drone) is procured out of Infrastructure hardware funds (310), while the software (Drone Deploy) is procured out of GIS applications funds (986). Drone deploy automates drone flights and allows for the capture, analysis, and storage of drone data.

17. Why are Sidewalk Curb and Gutter and asphalt items showing up as Special Projects when they are already in the Public Works Department Budget? 7 a. Sidewalk curb and gutter are annual requests. They are shown as a special project for enhanced transparency to show the cost of pavement maintenance.

18. There is some confusion as to what is a CIP item and what is a regular budget item. Don Burnett Bridge LED lighting shows up on both.
a. Don Burnett Bridge LED lighting is a request for Streets Maintenance, not CIP.

There are City Bridge Maintenance Repairs and City Lighting LED Transition Assessment projects in CIP, which are different projects.

19. Lawson Middle School Bikeway is showing ups as a Special Project for FY 22-23 when it is not approved by Council, please remove. I believe it should be a CIP item as well.

Planned Transportation Project, FY 22-23 has $80k allocated to it and no description, please remove.
a. The two requests in Transportation are for work plan items: Lawson Middle School Bikeway Feasibility Study ($40K) and Vision Zero WP22-015 ($80K). They are not CIP projects. The projects will be removed if Council does not approve them as part of the City Work Program. The Final Budget will incorporate any changes approved by City Council as part of the City Work Program.

20. Infrastructure 610-34-310 has Special Projects related to parks: Internet Service to 3 parks, and Pilot digital signage to 1 park. This needs to be evaluated in terms of Park equity. What parks are having these upgrades?
a. This project continues the FY 2021-22 project to add internet to Portal Park, Wilson Park, and Creekside Park. These parks were selected due to their proximity to City Hall – allowing staff easy access during implementation and testing. For FY 2022-23, the project moves west to Memorial Park, Jollyman Park, and finally Monte Vista. The below map may be helpful.

21. Fuse Fellow, under Economic Development should not be listed as a Special Project, in my opinion, because it is hiring someone for an unknown purpose. Please remove. a. As part of the FY 2022-23 budget proposal process, staff requested funding for a Fuse Corps fellow to assist with the implementation of various economic development initiatives. At the time, examples of these initiatives included business outreach, small business support, and anticipated future work items for 8 the Division. Having access to a seasoned private-sector executive without a long-term financial commitment appeared to benefit the City.

Additionally, since the post-pandemic business recovery has not been uniform, there is an interest in further enhancing economic prosperity by leveling the playing field and implementing solutions to lower barriers for women and minority-owned small businesses. The Fuse Corps organization is especially interested in supporting equitable economic development approaches.

Subsequent to submitting this proposal, a key factor emerged that has led staff to reassess this budget proposal, which was the updated cost-sharing model parameters. Until recently, Fuse Corps supported a 50/50 cost-sharing model over a two-year period. However, staff recently learned that Fuse Corps does not guarantee this model and that the City may have to bear the full cost. This has led staff to reconsider how best to move forward with Council prioritized work items.

Alternatively, the same goal of adding bandwidth could be accomplished with a two-year limited-term analyst to support the work of the Division for the same Budget. If approved, this would expand staff's bandwidth, allowing for a broader portfolio of Council priority items to be implemented during the next fiscal year.

City Manager response – CC member Moore, please remember that individual Council members may not give direction, or influence, staff. We would need the full Council to decide on this item and any other items you have requested to be removed.

22. What is the policy around adding these Special Projects to each department? Why are these not part of the Work Program? There should be some policy regarding dollar value, or ranked necessity, just as Council has to prioritize. Shouldn't there be a Study Session just addressing the Special Projects, since many of us do not know what they are, for instance the Fuse Fellow? If that cannot be done, then we really should not be approving them at all and take them as an appropriations request after the Budget is approved.
a. City Manager response – Special projects are essentially operational in nature, rather than policy. These projects would be considered by the City Manager for approval for the normal operations of the City. To bring such a list to Council goes against the Council-Manager form of government. The City Manager is 9 given the authority for the operations of the City, which these types of items/projects fall under.

Departments, on an annual basis, as part of the budget process are asked to evaluate operational needs, both one-time (special projects) and ongoing. If there is a need for additional funds above their existing base budget the department makes a proposed budget request. The Director of Administrative Services reviews that request for funding availability. The City Manager has final approval for all requests included in the Proposed Budget for Council consideration. Council work program items are also added to the special project list once approved.

Departments begin preparing the following year's base budgets in December and their special project requests in February for the fiscal year starting July 1.

Sometimes requests come up between July and June that departments didn't know about the previous February, so there may be special project requests at Q1, Mid-year, or Q3.

If departments budget a special project in any given fiscal year and do not complete the project, they are allowed to carry over the funds for one fiscal year.

Since the Budget has already been approved by Council, staff does not request it again, but carryover requests are included in the First Quarter Financial Report of the following year.

Attachment B shows FY 2021-22 special projects and their current status. The list of FY 2022-23 special projects can be found on pages 36-37 of the Proposed Budget document.

Vehicles

23. Provide a listing of all of the vehicles owned by the City and the year. Provide the vehicle replacements/purchases for the past 5 years.
a. See Attachment C for a list of vehicles owned by the City. The vehicles purchased within the past five years are noted.

24. When our vehicles fully depreciate on the books, what happens to them? I would like to see all records of sales or disposition of former City vehicles for the past seven years. a. Nothing happens to the vehicles from a depreciation standpoint, assuming they are still in good condition and usable. They would stay on the list of fixed assets as the City would still own them. Once they are deemed past their useful life, 10 they would be sold/auctioned and removed from the fixed assets. See Attachment C for a list of depreciated, disposed/sold, and current vehicles.

Development Impact Fees and Construction Taxes

25. What would the future anticipated development impact be? Aren't the impact fees from Vallco only for the actual impacts and that money cannot be reassigned, for example wouldn't a park impact fee be only for parks, a BMR fee for BMR? And if this is true, how in the Budget, or where is this money assigned? What other anticipated development funds would there be?
a. Yes, revenues from impact fees cannot be reassigned. Revenues from Park Dedication fees and BMR Housing Mitigation fees fund expenditures in the Park Dedication Fund and BMR Housing Fund, respectively.

Park Dedication fee revenues are in Other Taxes (Accounts 406-409, 406-410, and 406-411) in the Park Dedication Fund (Fund 280). OpenGov views showing Park Dedication fee revenues are now available in the Annual Actuals and Annual Budget reports:
• Park Dedication Actual Revenues
• Park Dedication Budgeted Revenues
These views can also be created by filtering Funds to "Park Dedication" and filtering Revenue Type to "Other Taxes."
BMR Housing Mitigation fee revenues are in Other Taxes (Account 406-404) in the BMR Housing Fund (Fund 265). OpenGov views showing BMR Housing Mitigation fee revenues are now available in the Annual Actuals and Annual Budget reports:
• BMR Housing Mitigation Actual Revenues
• BMR Housing Mitigation Budgeted Revenues
When new development projects are approved and permitted, staff will update Council on any additional revenues. In addition to impact fees, if a property is redeveloped, the City will receive additional property tax revenues based on the new assessed value. Sales, Property, and Transient Occupancy taxes may all be impacted depending on the businesses included in the development.

26. What would the one-time construction tax be for Westport and Vallco? Where would these funds be assigned?
a. The construction tax would be $304,810.57 for Westport and $10,273,731.40 for Vallco. The actual construction tax will depend on the construction tax rates 11 effective at the time of the submittal of the building permit application. The current construction tax rates are attached (Attachment A) and are available under Fees > Construction Tax at https://www.cupertino.org/ourcity/departments/community-development/building/building-forms-fees.

Westport Project
Project Description from Planning Website:

Development proposal to demolish a 71,250 square foot retail center (The Oaks), remove and replace 74 protected trees, and construct a mixed-used development consisting of 267 housing units (88 Rowhouse/Townhomes, 179 senior apartments of which 48 are senior affordable apartments) 27 memory care rooms, and 20,000 square feet of commercial space.
267 Units X $863.71 = $230,610.57
20,000 SF Commercial Space X $3.71 per SF = $74,200
Total Westport Construction Tax = $304,810.57
Vallco Project
Project Description from Planning Website:

Sand Hill Property Company filed an application with the City of Cupertino on March 27, 2018 entitled "Vallco Town Center Project Application pursuant to SB 35." The project is a mixed use development with 2,402 units of housing, approximately 1.81 million square feet of office space and 400,000 square feet of retail uses.
2,402 Units X $863.71 = 2,074,631.40

2.21 Million SF Commercial/Office Space X $3.71 per SF = $8,199,100.00 Total Vallco Construction Tax = $10,273,731.40
Revenues from construction taxes are in Other Taxes (Account 406-401) in the General Fund (Fund 100). The revenues are in the General Fund.

OpenGov views showing Other Tax revenues are now available in the Annual Actuals and Annual Budget reports:
• General Fund Other Taxes Actual Revenues
• General Fund Other Taxes Budgeted Revenues

27. Who updates the Construction Tax rates? How often are they updated? 12 a. Construction Tax rates are updated quarterly by the Community Development Department.

Date:

Adopted per Ordinance #1224, Municipal Code Section 3.32.030 imposes an excise tax for any building, or portion thereof, or any mobile home lot, in the City.

Municipal Code Section 3.32.045 requires a quarterly adjustment per the latest publication of ll Urban Consumers All Items published by the United States Department of Labor, Bureau of Labor Statistics.

The adjusted fees as of EFFDATE are based on the latest publication of the PUBDATE index.

The new CPI is CPINEW the previous CPI was CPIPREV .

TAX RATE TABLE
Use Previous Tax Rate New Tax Rate
Residential, Mobile Homes, Mobile Home Lots per unit per unit Industrial, Office, Commercial, and QuasiPublic per s.f. per s.f.

Civil and religious activities in the BQ zone:

The tax rate shall be fifty percent (50%) of the
rate charged for Industrial, office, commercial,
& Quasi-Public:
per s.f. per s.f.

Hotel and Motel per room per room

CONSTRUCTION TAX NOTICE
CUPERTINO, CA 95014-3255
(408) 777-3228 - [email protected]
FY 2021-22 Special Projects Update Attachment B
Department Program Special Project Amended Budget CWP Status (Completed, Completed by Fiscal Year‐End, Completed next fiscal year (carryover) Innovation and Technology 300 Administration 750.079 ‐ Adaptive Traffic Signaling 2,149 Yes Project Completed Innovation and Technology 300 Administration 750.085 ‐ Multimodal Traffic Count 7,167 Yes Project CompletedInnovation and Technology 300 Administration 750.087 ‐ Pollution Monitoring 25,000 Yes Funds Encumbered Innovation and Technology 300 Administration 750.107 ‐ Security Framework and Audit 60,000 Schedule to Begin in June ‐ Bill PM Innovation and Technology 308 Applications 750.110 ‐ Accela Business License 25,000 Project Completed Innovation and Technology 308 Applications 750.111 ‐ Campaign Docs 3,500 Project CompletedInnovation and Technology 308 Applications 750.112 ‐ City Data Services 1,500 Project CompletedInnovation and Technology 308 Applications 750.113 ‐ Community Climate Solutions 4,000 Project CompletedInnovation and Technology 308 Applications 750.114 ‐ Customer Svc Solution for CDD 65,000 Project CompletedInnovation and Technology 308 Applications 750.115 ‐ ERP Exploration 50,000 Vendor selected, Waiting on New Finance Mgr to begin implementation, slated for August 2022 ‐ Nidhi PM Innovation and Technology 308 Applications 750.116 ‐ Esports 1,700 Project Completed Innovation and Technology 308 Applications 750.117 ‐ Green Halo 7,860 Implemented ‐ Monthly billing Innovation and Technology 308 Applications 750.118 ‐ Intranet Hub Consulting Svcs 20,000 Project Completed Innovation and Technology 308 Applications 750.119 ‐ Lobbyist Reg System in Netfile 15,000 Work complete, currently in user acceptance testing. Billed upon user acceptance Innovation and Technology 308 Applications 750.120 ‐ Performance Management App 32,000 Delayed per request of Department ‐ Staff availability major issue Innovation and Technology 308 Applications 750.121 ‐ Pre‐Employment Assessment/Tests 5,000 Delayed per request of Department ‐ Staff availability major issueInnovation and Technology 308 Applications 750.122 ‐ Public Engagement 20,000 Project Completed Innovation and Technology 308 Applications 750.123 ‐ Redesign of City Website 45,000 Project began in April. Billing will not occur until implementation begin ‐ Nidhi PM Innovation and Technology 310 Infrastructure 750.124 ‐ ActiveNet Additional Readers 9,000 Delayed ‐ Vendor has new model card readers out this summer ‐ will procure then Innovation and Technology 310 Infrastructure 750.125 ‐ Council Voting System and Timer 32,000 Project began, put on hold until vendor has a web based solution. Current solution too cumbersome.

Innovation and Technology 310 Infrastructure 750.126 ‐ DUO MFA 19,500 Project Completed Innovation and Technology 310 Infrastructure 750.127 ‐ Interactive Projector Sys/Games 7,000 Project in Process ‐ Toan PM Innovation and Technology 310 Infrastructure 750.128 ‐ Line Locator with GPS 15,000 Funds Encumbered Innovation and Technology 310 Infrastructure 750.129 ‐ Redundant Satellite Network 10,000 Deposit made with vendor ‐ waiting on equipment ‐ Benny PM Innovation and Technology 310 Infrastructure 750.130 ‐ Senior Center Access Controls 16,000 Project not started ‐ Rescheduled for FY22‐23 Innovation and Technology 310 Infrastructure 750.131 ‐ Wireless Bridge 12,400 Project started this month ‐ Benny PM Innovation and Technology 310 Infrastructure 750.132 ‐ Wireless Netwk/Internet Park Exp 20,500 Project 1/3 complete. Expenses are being corrected to be charged to this Special Project.

Innovation and Technology 986 GIS 750.166 ‐ AR McClellan Ranch 40,000 Project started this month ‐ Adam PM Innovation and Technology 986 GIS 750.167 ‐ Data Governance & Data Warehouse 75,000 Project started this month ‐ Teri PM Innovation and Technology 986 GIS 750.168 ‐ Drone Deploy 18,000 Project Completed Innovation and Technology 986 GIS 750.169 ‐ ESRI Web Editor Licenses 10,000 Project CompletedInnovation and Technology 986 GIS 750.170 ‐ Online Svcs Subscription Fees 2,200 Monthly Billing Innovation and Technology 986 GIS 750.171 ‐ Quinlan Touch Screen 40,000 Project slated to start in June ‐ Benny PM Innovation and Technology 986 GIS 750.172 ‐ Rapid Plan 4,000 Project Completed Innovation and Technology 300 Administration 750.173 ‐ CWP Lehigh & SC Quarry 17,500 Yes Sensors installed in April. Monthly billing begins this month.

Innovation and Technology 310 Infrastructure 900.945 ‐ Fixed Asset Acquisition 58,000 Skydio Drone purchased, and remaining Balance is a carryover for Power Wall Public works 820 Sidewalk Curb and Gutt 750.020 ‐ Annual Sidewalk Curb & Gutter 1,675,300 Complete this fiscal year Public works 848 Street Lighting 750.025 ‐ Special Maintenance 94,000 Complete Public works 804 Plan Review 750.038 ‐ Trash Capture 36,060 Complete this fiscal year Public works 804 Plan Review 750.039 ‐ PW Scanning Project 64,009 Complete this fiscal yearPublic works 801 Resources Recovery 750.041 ‐ HHW and PaintCare 25,200 In Progress ongoing. Funds set aside for annual billing.

Public works 807 Service Center Administ 750.043 ‐ Office Reconfiguration 132,481 In progress ongoing. Funds set aside to meet reconfigure requests as they arise due to space needs.

Public works 844 Traffic Engineering 750.061 ‐ Community Shuttle Pilot Program 1,198,264 Yes In progress ongoing Public works 853 Storm Drain Fee 750.062 ‐ Permeable Pavement 12,500 In progress ongoing. Funds expended as residents apply for City rebate program.

Public works 750.063 ‐ Rainwater Capture 750.063 ‐ Rainwater Capture 12,500 In progress ongoing. Funds expended as residents apply for City rebate program.Public works 854 General Fund Subsidy 750.064 ‐ Low Income Cost Share 13,144 In progress ongoing. Funds expended as residents apply for City rebate program.Public works 854 General Fund Subsidy 750.065 ‐ CUSD Joint Use Cost Share 8,706 Complete this fiscal year.

Public works 804 Plan Review 750.067 ‐ VTC 2,000,146 On going ‐ The Rise Development Public works 800 Public Works Admin 750.071 ‐ Municipal Water System 160,432 Yes On going ‐ agreement for operator Public works 804 Plan Review 750.072 ‐ Alternatives to City Hall 25,000 Ongoing ‐ discussion with CIP Public works 813 Neighborhood Parks 750.074 ‐ Tot Lot Rubber Resurfacing 80,000 Complete this fiscal year.

Public works 813 Neighborhood Parks 750.075 ‐ Environmental Consulting Svcs 14,000 Cancelled Public works 849 Equipment Maintenance 750.078 ‐ Mechanic Shop Hose Reels 17,925 Complete Public works 844 Traffic Engineering 750.079 ‐ Adaptive Traffic Signaling 160,000 Yes CompletePublic works 845 Traffic Signal Maintenan750.079 ‐ Adaptive Traffic Signaling 13,156 Yes CompletePublic works 846 Safe Routes 2 School 750.080 ‐ Pedestrian Education 44,240 Ongoing ‐ Safe Routes working with School Districts Public works 801 Resources Recovery 750.081 ‐ Trash Enclosure SWMP 2,500 cancelled Public works 802 Non Point Source 750.081 ‐ Trash Enclosure SWMP 2,500 cancelledPublic works 855 Storm Drain Maintenanc750.082 ‐ SVC CTR IND Inspection 2,600 complete 1 FY 2021-22 Special Projects Update Attachment B
Public works 801 Resources Recovery 750.084 ‐ Single Use Plastics Ordinance 100,000 Yes In progress Public works 804 Plan Review 750.105 ‐ CWP Revisit 5G 250,000 Yes Completion next fiscal year.

Public works 801 Resources Recovery 750.137 ‐ SB1383 Procurement Requirements 50,000 Completion next fiscal year.Public works 808 McClellan Ranch Park 750.138 ‐ 4H Perimeter Fence Replacement 30,000 Completion this fiscal year.

Public works 811 BBF Ground Maintenanc750.139 ‐ Refinish Arbors 15,000 Complete this fiscal year.

Public works 812 School Site Maintenance 750.140 ‐ Backflow Prevention Device Repl 6,000 Complete Public works 813 Neighborhood Parks 750.140 ‐ Backflow Prevention Device Repl 15,000 CompletePublic works 814 Sport Fields Jollyman CR750.140 ‐ Backflow Prevention Device Repl 4,000 CompletePublic works 813 Neighborhood Parks 750.141 ‐ Basketball Court Resurfacing 20,000 Complete next fiscal year.

Public works 814 Sport Fields Jollyman CR750.141 ‐ Basketball Court Resurfacing 10,000 Complete next fiscal year.Public works 825 Street Tree Maintenance 750.142 ‐ Cage conversion to Rope Shop 10,000 Complete Public works 824 Overpasses and Medians750.143 ‐ Foothill Blvd Median Tree Work 30,000 CompletePublic works 825 Street Tree Maintenance 750.143 ‐ Foothill Blvd Median Tree Work 0 CompletePublic works 827 Bldg Maint City Hall 750.144 ‐ Electrical Preventive Maint 25,000 Complete this fiscal year.

Public works 827 Bldg Maint City Hall 750.145 ‐ Fascia Repair and Painting 60,000 Complete next fiscal year, pending City Hall discussion.

Public works 827 Bldg Maint City Hall 750.146 ‐ Lower Floor Recarpeting 70,000 Complete this fiscal year, pending City Hall discussion.

Public works 827 Bldg Maint City Hall 750.147 ‐ Boiler Preventive Maintenance 5,000 Complete Public works 828 Bldg Maint Library 750.147 ‐ Boiler Preventive Maintenance 5,000 CompletePublic works 830 Bldg Maint Quinlan Cen 750.147 ‐ Boiler Preventive Maintenance 5,000 CompletePublic works 828 Bldg Maint Library 750.148 ‐ Exterior Door Painting 6,000 CompletePublic works 838 Comm Hall Bldg Maint 750.148 ‐ Exterior Door Painting 4,000 CompletePublic works 829 Bldg Maint Service Cente750.149 ‐ Emergency Power Upgrades 28,000 CompletePublic works 829 Bldg Maint Service Cente750.150 ‐ Shop Building Roof Recoating 50,000 CompletePublic works 829 Bldg Maint Service Cente750.151 ‐ Storage Shed Replacement 7,000 CompletePublic works 829 Bldg Maint Service Cente750.152 ‐ Locksmith Training 4,000 Completion next fiscal year.

Public works 832 Bldg Maint McClellan Ra750.153 ‐ Gift Shop Exterior Painting 20,000 Complete Public works 836 Bldg Maint Sports Cente 750.154 ‐ Exterior Lighting Improvements 24,000 CompletePublic works 836 Bldg Maint Sports Cente 750.155 ‐ Exterior Painting 45,000 Completion next fiscal year.

Public works 836 Bldg Maint Sports Cente 750.156 ‐ Multipurpose Rm Hardwd Fl Refin 20,000 Complete Public works 836 Bldg Maint Sports Cente 750.157 ‐ Door Refinishing 15,000 CompletePublic works 836 Bldg Maint Sports Cente 750.158 ‐ Locker Rm Bench Refinishing 5,000 CompletePublic works 838 Comm Hall Bldg Maint 750.159 ‐ Water Bottle Filling Station 13,000 Completion this fiscal year.

Public works 841 BBF Facilities Maintenan750.160 ‐ Pool Water Bottle Fill Station 13,000 Completion this fiscal year.Public works 841 BBF Facilities Maintenan750.161 ‐ Pool Cover Replacement 11,000 Complete Public works 841 BBF Facilities Maintenan750.162 ‐ Uninterrupted Power Supply 5,000 CompletePublic works 844 Traffic Engineering 750.163 ‐ VMT to LOS Standards 130,000 Completion next fiscal year.

Public works 846 Safe Routes 2 School 750.165 ‐ Riding for Focus Program 49,000 Completion next fiscal year.Public works 801 Resources Recovery 750.174 ‐ New Lndfill Agrmnt/Solid Wst con 350,000 In progress, ongoing.

Public works 825 Street Tree Maintenance 900.911 ‐ Trees and Badges 0 Complete Public works 821 Street Pavement Mainten900.921 ‐ Annual Asphalt Project 4,437,666 Award this fiscal year.

Public works 844 Traffic Engineering 900.923 ‐ Apple Campus 2 71,100 Complete Public works 845 Traffic Signal Maintenan900.937 ‐ T/S Intersc Modif 47,707 Completion this fiscal year.

Public works 828 Bldg Maint Library 900.945 ‐ Fixed Asset Acquisition 22,362 Complete Public works 829 Bldg Maint Service Cente900.945 ‐ Fixed Asset Acquisition 0 CompletePublic works 836 Bldg Maint Sports Cente 900.945 ‐ Fixed Asset Acquisition 0 CompletePublic works 841 BBF Facilities Maintenan900.945 ‐ Fixed Asset Acquisition 0 CompletePublic works 985 Fixed Assets Acquisition900.945 ‐ Fixed Asset Acquisition 1,075,996 CompletePublic works 812 School Site Maintenance 900.990 ‐ Special Projects ‐ PW 25,000 Completion this fiscal year.

Public works 813 Neighborhood Parks 900.990 ‐ Special Projects ‐ PW 25,000 Completion this fiscal year.Public works 821 Street Pavement Mainten900.990 ‐ Special Projects ‐ PW 105,235 Completion this fiscal year.Public works 833 Bldg Maint Monta Vista 900.990 ‐ Special Projects ‐ PW 25,000 Completion this fiscal year.Public works 848 Street Lighting 900.990 ‐ Special Projects ‐ PW 208,000 Completion this fiscal year.Parks and Recreation 601 Rec & Comm Svcs Admi 750.096 ‐ CWP Mental Health Support 10,000 Yes Carryforward to next fiscal year.

Parks and Recreation 601 Rec & Comm Svcs Admi 750.098 ‐ CWP Senior Strategy 34,000 Yes Ongoing. Need to carryforward to next fiscal year.

Parks and Recreation 601 Rec & Comm Svcs Admi 750.133 ‐ #CupertinoCares 75,000 Completed (due to conslusion of shut down order) Parks and Recreation 612 Park Facilities 750.134 ‐ Environ Edu Ctr Animal Displays 1,000 Completed by fiscal year end.

Parks and Recreation 601 Rec & Comm Svcs Admi 750.164 ‐ CWP Dogs Off Leash Area 5,000 Yes Ongoing. Need to carryforward to next fiscal year.

Parks and Recreation 616 BBF Golf Course 900.945 ‐ Fixed Asset Acquisition 64,900 Ongoing. Need to carryforward to next fiscal year. 2 FY 2021-22 Special Projects Update Attachment B
Community development 701 Current Planning 750.007 ‐ The Hamptons 108,640 Completed Community development 701 Current Planning 750.009 ‐ Marina Plaza 80,145 Ongoing. Need to carryforward to next fiscal year.

Community development 701 Current Planning 750.029 ‐ Vallco Town Center 516,748 Ongoing. Need to carryforward to next fiscal year.Community development 701 Current Planning 750.031 ‐ Westport 337,276 Ongoing. Need to carryforward to next fiscal year.Community development 702 Mid Long Term Planning750.032 ‐ General Plan 262,504 Ongoing. Need to carryforward to next fiscal year.Community development 713 General Building 750.036 ‐ Ongoing Bldg Recrd scan/conversn 14,387 Ongoing. Need to carryforward to next fiscal year.Community development 702 Mid Long Term Planning750.048 ‐ Urban Village 250,000 Awaiting direction from City Council.

Community development 702 Mid Long Term Planning750.049 ‐ MuniCode Updates 25,000 Ongoing. Need to carryforward to next fiscal year.

Community development 711 BMR Affordable Housin 750.050 ‐ Housing Strategies 5,044 Completed Community development 711 BMR Affordable Housin 750.051 ‐ City Plan to End Homelessness 300,000 Yes Ongoing. Need to carryforward to fiscal year.

Community development 711 BMR Affordable Housin 750.052 ‐ Build ELI for Developmentally Disabled 250,000 Yes Ongoing. Need to carryforward to fiscal year.Community development 702 Mid Long Term Planning750.055 ‐ Dark Sky 10,000 Yes Ongoing. Need to carryforward to next fiscal year.

Community development 714 Construction Plan Check750.067 ‐ VTC 20,043,334 Ongoing Building plan review and inspections. Need to carryforward to next fiscal year.

Community development 702 Mid Long Term Planning750.090 ‐ Residential/Mixed Use Design 258,322 Yes Ongoing. Need to carryforward to next fiscal year.

Community development 701 Current Planning 750.091 ‐ Banning Gas Powered Leaf Blowers 1,158 FY18/19 Ongoing. Need to carryforward to next fiscal year.Community development 702 Mid Long Term Planning750.092 ‐ General Plan Auth Process 6,500 Yes Completed by fiscal year end.

Community development 711 BMR Affordable Housin 750.094 ‐ Housing Survey 15,293 Completed Community development 702 Mid Long Term Planning750.100 ‐ CWP Development Accountability 10,000 Yes Ongoing. Need to carryforward to next fiscal year.

Community development 702 Mid Long Term Planning750.101 ‐ CWP RHNA and Gen Plan Update 1,069,248 Yes Ongoing. Need to carryforward to next fiscal year.Community development 702 Mid Long Term Planning750.102 ‐ CWP Sign Ordinance Update 25,000 Yes Ongoing. Need to carryforward to next fiscal year.Community development 700 Community Developmen750.104 ‐ CWP Homeless Jobs Program 200,000 Yes Ongoing. Need to carryforward to next fiscal year.Community development 702 Mid Long Term Planning750.135 ‐ Laserfiche planning map scanning 30,000 Ongoing. Need to carryforward to next fiscal year.Community development 714 Construction Plan Check900.923 ‐ Apple Campus 2 404,280 Completed Administration 122 Sustainability Division 750.018 ‐ Climate Action Plan 351,651 Yes Completed by fiscal year end (or very shortly after depending on Council agenda) Administration 122 Sustainability Division 750.019 ‐ Employee Commute Program 26,500 Prior Continue to next fiscal year, pilot continuing due to pause from pandemic Administration 122 Sustainability Division 750.069 ‐ Sustainable Infrastructure Audit 10,000 Supporting CIP project. Completed by next fiscal year. Need to carryforward to next fiscal year.

Administration 632 Comm Outreach & Neig 750.097 ‐ CWP Revamp Block Leader/NW prgrm 1,500 Yes Scheduled to complete this FY but delays in recruitment may cause it to extend slightly past year‐end.

Administration 633 Disaster Preparedness 750.099 ‐ CWP Personal Prepared Campaign 10,000 Yes Completed by fiscal year end.

Administration 705 Economic Development 750.103 ‐ CWP Regulate Diversified Retail 5,000 Yes Completed by fiscal year end.Administration 122 Sustainability Division 750.106 ‐ Electric Cooking Workshop Series 6,400 Completed by next fiscal year. Need to carryforward to next fiscal year.

Administration 305 Video 750.108 ‐ EOC Control System Upgrade 15,000 Completed by fiscal year end.

Administration 305 Video 750.109 ‐ Radio Windows 10 Replacement 10,000 Completed by next fiscal year. Need to carryforward to next fiscal year.

Administration 705 Economic Development 750.136 ‐ Targeted Mkting Prg Ass Sm Bus 9,100 Prior Completed by fiscal year end.

Administration 305 Video 900.945 ‐ Fixed Asset Acquisition 6,825 Completed Administration 305 Video 900.995 ‐ Special Projects ‐ CDD/I&T 36,572 Completion by next fiscal year. Need to carryforward to next fiscal year.

Total 39,044,032
3 Vehicles List Attachment C
Master Asset ID Year Make Model Asset Description Purchased in Last 5 Years
Count
Depreciated Assets Still In Use
4838 2007 HONDA CIVIC HYBRID #46 2007 HONDA CIVIC HYBRID 4854 2006 FORD F550SD #38 FORD ALTEC BOOM
4919 2008 GMC 5500 #D6 2008 GMC 12" DUMP
4943 2008 FORD F350SD #31 2008 FORD F350 PICK-UP
5111 2009 FORD F550 #57 TRUCK REPLACEMENT-AERIAL
5207 2011 FORD ESCAPE #452 2012 FORD ESCAPE HYBRID
5218 2012 FORD F550 #429 2012 FORD F550
5218 2017 FORD F550 #429 TRUCK BODY TSF
5219 2012 FORD E350 #424 2012 FORD E350
5232 2012 FORD F350 #413 2012 FORD F350
5233 2012 FORD F350 #425 2012 FORD F350 TRUCK
5234 2012 FORD F350 #449 2012 FORD F350 TRUCK
5235 2012 FORD F350 #498 2012 FORD F350 TRUCK
5236 2012 FORD F350 #478 2012 FORD F350 TRUCK
5236 BED FOR TRUCK #478
5237 2012 FORD F350 #489 2012 FORD F350 TRUCK
5363 2014 FORD CMAX #411 2014 FORD C-MAX
5350 2014 FORD F350 #420 2014 FORD F350
5264 2012 FORD F350 #455 2012 FORD F350 TREES/ROW
5265 2012 FORD F150 #448 2012 FORD F150 4X4
5268 2013 FORD F550 #459 2013 FORD F550
5282 2013 FORD F150 #495 2013 FORD F150
5296 2013 FORD F350 #409 2013 FORD F350
5314 2013 FORD F350 #417 2013 FORD F350
5315 2013 FORD F350 #418 2013 FORD F350
5332 2014 FORD F250 #416 2014 FORD F250
5333 2014 FORD F350 #428 2014 FORD F350
5349 2014 FORD F350 #470 2014 FORD F350 UTILITYBED
5912 2015 FORD TRANSIT 350 New Facilities Van #400
5913 2015 FORD TRANSIT 350 Replace#14 - New#414
Total Depreciated Assets Still In Use 30
Disposed/Sold Vehicles
3971 1999 FORD CROWN VICTORIA #D37 CROWN VICTORIA '99
4100 2000 FORD RANGER #65 FORD RANGER '2000'
4355 FORD F650 #D66 F650 CHIPPER TRUCK
4767 2005 FORD CROWN VICTORIA #43 FORD POLICE INTERCEPTOR 05 1 Vehicles List Attachment C
Master Asset ID Year Make Model Asset Description Purchased in Last 5 Years
Count
4865 2008 FORD F350 #44 2008 FORD F350 PICK-UP
4875 2008 FORD F350 #27 2008 FORD F350 PICK-UP
4920 2008 FORD CROWN VICTORIA #92 2008 FORD CROWN VICTORIA 4980 2008 FORD F150 #1 2008 FORD F150 TRUCK
4847 1983 FORD GRUMMAN FORD 1983 GRUMMAN
Total Disposed/Sold Vehicles 9
Vehicles With Current Value
5605 2016 FREIGHTLINER M2 GDTN2VOCV04C 2016 M2-106 Aerial Truck 5612 2016 FORD FUSION ENERGI SE 2016 Ford Fusion Old #51, New # 410 5613 2016 FORD FUSION ENERGI SE 2016 Ford Fusion Old # 85, New # 485 5614 2016 FORD FUSION ENERGI SE 2016 Ford Fusion Old #87, New # 421 5616 2016 FORD FUSION ENERGI SE 2016 Ford Fusion Old # 53, New #453 5617 2016 FORD FUSION ENERGI SE 2016 Ford Fusion Old # 26, New # 426 5618 2016 FORD CMAX ENERGI 2016 Ford Cmax #415
5619 2016 FORD FOCUS ELECTRIC 2016 Ford Focus # 454
5637 2015 FORD FOCUS ELECTRIC 2015 Ford Focus Electric, Old #88, New #488 5641 2016 FORD F150 2016 Ford F150
5410 2014 FORD CMAX HYBRID #412 2014 FORD CMAX
5443 2015 FORD TRANSIT 350 #15 2015 FORD TRANSIT
72 2015 FORD F350 REPLACE#81 NEW #481 CHARGE BACK 8503/2015 FORD F350 73 2015 FORD F350 REPLACE#63 NEW #463 CHARGE BACK 8312/2015 FORD F350 74 2015 FORD F350 REPLACE #94 NEW #494 CHARGE BACK8315 /2015 FORD F350 75 2015 FORD F550 REPLACE #7 NEW #407 CHARGE BACK 8408/2015 FORD F350 5842 2016 FORD F350 2016 Ford F350 #474
5843 2016 FORD F350 2016 Ford F350 #422
5844 2016 FORD F350 2015 Ford F350 #475
5845 2015 FORD F550 Accessories Addtions to F/A #462
5846 2016 FORD F350 New #461 2016 Ford F350
5847 2015 FORD F550 2015 Ford F550
5849 2016 FORD F150 2016 F150 replacing #82 with #482
5853 2016 FORD F550 2016 F550 Aerial Lift Truck #D421
5851 2017 FORD F350 Replacing #19 w/ #496 2017 F350
5850 2017 FORD F350 New vehicle #497 grounds/median share 5854 2016 FORD F350 2016 F350 #467
5856 2017 FORD F550 2017 Ford Truck F-59
5860 2017 FORD F350 Replacing #47 w/ #447
5861 2017 FORD TRANSIT CONNECT Replace #5 with #405
2 Vehicles List Attachment C
Master Asset ID Year Make Model Asset Description Purchased in Last 5 Years
Count
5862 2017 FORD F150 2017 Ford Truck F150 Brian New 436
5863 2017 FORD F350 Replace Truck #32 w/ #432 2017 Ford F350 5864 2017 FORD F350 New Truck #483
5866 2017 FORD F350 2017 Ford F350 replacing #73 with #473 Yes 5867 2017 FORD F550 2017 F550 replacing #30 with #430 Yes 5872 2016 FORD F550 2016 F550 Aerial Truck Yes
5874 2017 FORD F550 New #433 2017 Ford Truck F550 Yes
5217 2017 FORD F550 New vehicle body for #479 Yes
5892 2017 FORD E450 ARES Communication Van, Asset ID 469 (Qty = 2) Yes 5893 2012 FORD F550 Dump Truck #10 Replacement, Asset ID 491 Yes 5895 2017 FORD F-350 SD 2017 F350 Super Duty Truck with Liftgate, Asset ID 486 Yes 5896 2018 FORD F150 2018 Ford 150 Truck , Asset ID 465 (Ranger replacement) Yes 5897 2017 FORD F-350 SD 2017 Ford 350 Super Duty (Rock Wall) Truck, Asset ID 490 Yes 5898 2017 FORD F350 2017 F350 Super Duty Truck without Liftgate, Asset ID 440 Yes 5899 2017 FORD F350 2017 F350 Super Duty Truck without Liftgate, Asset ID 435 Yes 5900 2018 FORD Escape 2018 Ford Escape, Asset IE 451 Yes 5901 2017 FORD EXPLORER 2017 4-Door Ford Explorer, Asset ID 402 (Pool vehicle) Yes 5908 2017 FORD F550 SD 2017 F-550 Altec Model , Asset ID 403 Yes 5910 2018 FORD F350 2018 Ford Truck Transit Wagon, Asset ID 493 Yes 5911 2018 FORD TRUCK XL WAGON LMB 2018 Transit Connect Pool Van Asset ID 460 Yes 6006 2019 FORD FUSION ENERGI 2019 Fusion , replacing Veh37 Yes 6007 2019 FORD POLICE RESPONDER Police Responder Hybrid Sedan, Veh443 Yes 6008 2019 FORD POLICE RESPONDER Police Responder Hybrid Sedan, Veh492 Yes 6009 2019 FORD FUSION ENERGI Ford Fusion, replacing Veh65 Yes 6010 2018 FORD F-750 Fleet: 2018 F-750 Diesel Base Crew Cab Yes 6011 2019 FORD F-250 XL HYBRID Fleet:VEH401 2019 Ford F-250 (Replacement for VEH1) Trees&Row Yes 6219 2019 FORD F-350 Replacement for VEH39 (Trees&Row) Scelzi Quote 147297 Yes 6220 2019 FORD F-350 Replacement for VEH23 (Grounds) Scelzi Quote 147286 (vehicle) Yes 6221 2019 FORD F-350 Replacement for VEH44 (Grounds) Scelzi Quote 147286 Yes 6231 2019 FORD F-550 Replacement for VEH84 (Trees&Row) Scelzi Quote147258 Yes 6243 2020 FORD F-350 2020 Ford F350 Cab for Trees/ROW (Schmitt) Yes 8003 2020 FORD F-650 Fleet - 2021 Ford F650SD Diesel V8 Yes 8009 2020 FORD F-350 2020 Ford Truck VIN 1FDRF3E62LED86881 Yes 8015 2020 FORD F-250 Fleet - 2020 Ford Truck S-DTY F-250 Yes 8016 2020 FORD F-250 Fleet - 2020 Ford Truck S-DTY F-250 Yes 8012 2020 FORD RESPONDER HYBRID FY19-20 VIN 3FA6P0AU7LR194835 Yes 8001 2020 FORD RANGER FY19-20 VIN 1FDER1AH9LLA36452 Yes 8022 2021 FORD F-150 TOWNE FORD Yes
3 Vehicles List Attachment C
Master Asset ID Year Make Model Asset Description Purchased in Last 5 Years
Count
Total Vehicles with Current Value 68
Total All Vehicles 107
4 Additional Proposed Budget Questions and Responses

1. May we have a code listing for all of the departments along with the codes when expenditures are assigned? I believe this would be 5 sets of numbers starting with the three sets of budget unit numbers. This will help follow Budget items more easily if we had a table. a. Staff will provide the complete GL account codes for the Final Budget hearing.

FY 2021-2022 Special Projects Update Questions/Comments:

2. Under Special Projects FY 2021-2022 Update attachment, when did the Council approve the VTC $2,000,146 for The Rise Development? This was not on the FY 2021-2022 Adopted Budget Special Projects list. Likewise, the $71k for Apple Campus 2. a. The Rise development special project was approved on March 3, 2020 as part of the FY 2019-20 Mid-Year Financial Report. The Special Projects FY 2021-22 Update shows the FY 2021-22 Amended Budget, so it includes projects that were carried over from prior fiscal years. The FY 2021-22 Adopted Budget only includes new appropriations approved in FY 2021-22.

3. In the FY 2021-2022 Adopted Budget, the CWP items are included with a total of approximately $1.8M, below those items are the Staff Department Special Projects items. The listings are more complete from last year such that the building being worked on is clearly noted. These items were able to fit portrait style on the page in last year’s Adopted Budget pages 49-50. May we have the descriptions following last year’s style.
a. An updated special projects report with the program code and program name is attached.

4. What happens to the unspent/incomplete jobs’ funding, as in how is it accounted for, and how do we know it is there?
a. If a project is complete, the unspent dollars become expenditure savings. If a project is not complete, the unspent funding may be carried over into the following fiscal year via year-end or encumbrance carryovers. Carryover appropriations are shown in the Amended Budget.

Vehicles List

5. The list of vehicles is interesting, please clarify what the vehicles are, Make, Model, Year. Several are missing. Some listings indicated that the new vehicle replaced a vehicle, but the disposing of the previous vehicle is not mentioned.
a. An updated Vehicles List with the make, model, and year is attached. b. The list of disposals shows all vehicle disposals in the City’s Fixed Assets ERP module.

The City implemented the Fixed Assets ERP module in 2018, so vehicles disposed before then were not listed. Staff will work on providing a list of vehicles disposed before implementation of the module.

6. The vehicle listing includes what looks like Sheriff patrol cars, is this correct, because I would assume they provide their own vehicles per their contract? a. The police responder vehicles are assigned to the City’s Code Enforcement team. The Santa Clara County Sheriff’s Office would provide their own vehicles. 5/18/2022 Proposed Budget Meeting Questions

1. Enterprise funds – Why isn’t Blackberry farm pool/picnic an enterprise fund? Who are we serving/not serving along with profit and loss statement? a. All expenses related to Blackberry Farm pool and picnic area can be found in budget unit 100-63-612 on pages 352-354 of the FY 2022-23 proposed budget. The revenue and expenditure table shows revenues and expenditures along with any use of fund balance or General fund subsidy (General fund costs) for 2 years of actuals along with last years adopted budget and this year’s proposed budget. This budget currently operates in a deficit as fee revenues are set up to only costs recover about 60% of actual costs per City Council direction as part of the last citywide fee study. Staff is requesting additional funds to conduct a new fee study in FY 22-23 for City Council consideration in this year’s budget. Based on research conducted, the FY 2007-08 budget document appears to recommend the movement of this operation from an Enterprise Fund to the General Fund because it was not self-sustaining at that time. Given that currently you can view the profit and loss easily in the budget we have not transitioned this back to an enterprise fund. Also, it still requires a subsidy.
b. Information regarding resident/non-resident use will be brought back at the June 7, 2022 Council meeting

2. Pg 37. Number 844 traffic engineering is a special project that hasn’t been decided. What is that $80k item?
a. As described on Page 7 of Attachment S (FY 22-23 Proposed Budget Questions and Responses) of Agenda Item 15 on May 19, 2022, the Final Budget will incorporate any changes approved by City Council as part of the City Work Program. The $80,000 project is for Vision Zero (WP22-015). It was approved as part of the City Work Program on May 17, 2022 and will remain in the budget.

3. The Monthly Treasurer report which you presented to the Audit Committee showed the various fund balances for January, February, and March 2022, however they did not seem to match with the fund balances in the Proposed Budget. For example, there is a great discrepancy for the Park fund in the Proposed Budget and in the March 2022 report (off by about $20M). Please show a table of each and explain what has happened to change the totals, such as the infusion of funds from the Westport Project for parks, and for this particular item it would really help if the public is shown what zone it is intended for, and what the zones mean (because this is all new information for the public and will help).
a. The proposed budget presents year-end projections, whereas the monthly treasurer’s reports present year-to-date actuals.
b. Year-end projected fund balance for FY 2021-22 is calculated as the beginning fund balance as of July 1, 2021, plus projected FY 2021-22 revenues minus projected FY 2021- 22 expenditures.
c. Year-end projected revenues and expenditures estimate the revenues the City expects to receive and the expenditures the City expects to spend. Projections are based on the amended budget, year-to-date actuals, and historical trends. d. The year-to-date actual fund balance as of March 31, 2022, is calculated as the beginning fund balance as of July 1, 2021, plus year-to-date actual revenues minus yearto-date actual expenditures. 5/18/2022 Proposed Budget Meeting Questions

4. Missing in budget is certain policies, City of Chico’s budget includes BP-9 and BP-10 related to expenditure control. Would like this guidance and policy include in our budget. a. It appears Chico lists administrative, financial, and human resources policies. The City’s current budget policies can be found in the City’s financial policies sections. This includes the City’s budget transfer and amendments, Capital Funding, Fund Balance, Community Funding and IT equipment replacement policy.
b. Staff can work to include additional policies and revision dates in the FY 2023-24 Proposed Budget.

5. Slide 28 –shows a decrease due to historical society? What is historical society? Is there a subcommittee and when will a report be brought forward? a. The Cupertino Historical Society has been collecting and archiving items that document the community’s past since 1966. The Cupertino Historical Society has been awarded funding through the Community Funding Grant Program since 2015. As part of the FY 2019-20 budget approval process at the June 18, 2019, City Council meeting, Council unanimously approved to designate an annual amount of $20,000 as a base (or line) item for the Cupertino Historical Society.
b. Staff Report from FY 2021-2022 Community Funding Item with Historical Society background (Attachment A).
c. A Council Subcommittee was formed at the June 4, 2021, City Council meeting. The Historical Society information is currently planned for the June 7 City Council meeting.

6. Council and commission expenditures – not an accurate reflection of salaries and benefits a. Council allocations has personnel costs
Staff costs include all staff that may assist the City Council on a day-to-day basis. We can create a new budget program called City Council Support and move all salary and benefits associated with support staff to the new program. Then, the City Council budget would only show City Council’s costs. The overall department budget would remain unchanged.

As requested, the table below shows the City Council & Commissions budget broken down into three sections:
• City Council (salary and benefits for City Council members) • City Council Support (all salary and benefits for staff supporting City Council) • Commission Support (all salary and benefits for staff supporting commissions, committees, and sister cities)
5/18/2022 Proposed Budget Meeting Questions
Benefitted
Positions Compensation Benefits
Total
Compensation and
Benefits
City Council 5 $47,284 $96,986 $144,270
City Council
Support

0.85 $92,791 $61,893 $154,684
Commissions,
Committees, and
Sister Cities
Support

1.43 $212,237 $103,512 $315,749
Total Council and
Commissions 7.28 $352,312 $262,391 $614,703
b. Request to reflect how much is going into each of the depts by comp and benefits

7. Community Funding policy – What is the source of the policy? What is the revision date, year it was approved and who approved it?
a. The Community Funding Policy was originally adopted in FY 2012-2013 b. Most recent amendments: City Council Minutes from December 1, 2020 Meeting (Attachment C)

8. Where do we sit in the market compared to other jurisdictions in turnover since 2018 to the present?
5/18/2022 Proposed Budget Meeting Questions
a. Staff is pulling data from other Santa Clara County cities. Staff expects to have these comparisons as part of the June 7, 2022, Final Budget hearing.

Vallco Town Center/Funds

9. In 2019, there are more Vallco expenses and revenues which we need to see a complete tally. It shows $14.7 mil in expenses for Vallco construction plan check and $22.5 mil revenue. There are building inspection expenses of $5.4 mil, but revenue is $7.2 mil. We were only shown one item of $2M for rise development but no further details around it and would like to see a more complete detail of ongoing Vallco expenses. How are these special projects being accounted for in the long term? There are some ongoing projects, but for other one-time projects, what happened to them in 2019, as it’s not included in the book but showed up in special projects update which is confusing.
a. Contracts for the Vallco SB35 project were approved at the February 18, 2020, City Council meeting. (Refer to attachment B)
b. On March 3, 2020, funding for the budget related to these contracts was approved as part of the mid-year financial report.
c. No other adjustments have been made to these contracts/budget to date. d. The costs related to these contracts are carried over at year-end into the new fiscal year. The detail related to which project this revenue gets allocated to is held in the City’s permitting system and kept in summary in the City’s financial system. The detail is still held in the permitting system, but staff is working on translating it into isolated Vallco revenue accounts (as shown below) in the financial system. e. Expense account 750-067 Special Projects VTC includes Community Development and Public Works and will be accounted for in the following revenue accounts 410-440 Licenses and Permits VTC Plan Check, 410-441 Licenses and Permits VTC Inspections, and 450-407 Charges for Services VTC Engineering. Community Development and Public Works have expended and received the following:

Budget Unit Expenses* as of 4/30/22 Revenues* as of 4/30/22 100-73-714 (CDD) $42,835.63 $141,250.24
100-73-715 (CDD) $0 $83,902.69
100-82-804 (PW) $25,820 $0 *Timing of revenue and offsetting expenditures may lag due to when fees are collected and when inspections can begin. f. The Special Projects FY 2021-22 Update shows the FY 2021-22 Amended Budget, so it includes projects that were carried over from prior fiscal years. The FY 2021-22 Adopted Budget only includes new appropriations approved. Carryovers are not requested in the Proposed Budget, since the appropriations were already approved.

10. I would like an update regarding the Vallco items shown here because it appears there have been a significant amount of revenues and much lesser expenses which the update on the agenda yesterday did not reflect (I mentioned them during the meeting and am pasting the table from the meeting information you referenced from March 3, 2020 or possibly 2019, for Council, pardon the formatting issues):
a. Answered above
Account Totals/Balances
5/18/2022 Proposed Budget Meeting Questions

11. There was an update to the Audit Committee which showed most of the City’s various account balances for December, 2021, however there may be some checking accounts which were not included. During the Monthly Treasurer’s Report Subcommittee meeting it was indicated by Kristina that there are 3 checking accounts, which I was unaware of. I would like to know the names, types, and totals of all the City’s accounts, in case we are missing some old accounts or overlooked anything.
a. Starting April 2022, the Monthly Treasurer’s Investment Report will include account statements for the City’s checking accounts. The City has the following checking accounts:
• Wells Fargo Operating Account
• Wells Fargo Workers’ Compensation Account
• Wells Fargo Payroll Account
• Wells Fargo Flexible Spending Employee Benefits Account (employee contributions to Flexible Spending Accounts)
Fund Totals

12. I am concerned that we have a considerable amount of funds already accounted for (Park, Capital Improvements, etc.) and perhaps I am missing an account, but it does seem that there is no available funding for many proposed projects in the CIP. I think the funding sources need to be better explained because, between the potential reduction in sales tax and the funds already designated to various categories (e.g. parks), I am not sure that several projects can or should be entertained for discussion. The CIP, in particular, must identify funding sources and I would assume this would be utilizing the variously already earmarked amounts (which I see at least potentially 3 distinct funds the City has), but beyond these amounts, there does not appear to be a source of funding, and items will need to be judiciously removed? My concern is that we cannot afford many things.
a. Please refer to the Fiscal Impact Section of the CIP report. As described in the CIP report, $13.6 million in fund balance ($4.0 million in Capital Improvement Fund and $9.5 million in Capital Reserve) is expected to be available as of 7/1/2022. b. The Proposed Budget shows Projected Fund Balance, which is a year-end projection that takes into account how much is expected to be spent by the end of the fiscal year. It projects year-end revenues and expenditures based on actuals to date. c. The Amended Budget Fund Balance assumes all Amended Revenues will be received and all Amended Budget expenditures will be spent.
*For reporting purposes, this fund rolls up/combines with Fund 420.

Fund Projected Fund
Balance as of 7/1/2022
Amended Budget Fund
Balance as of 7/1/2022
280 Park Dedication $2,175,440 $2,175,440
420 Capital Improvement Fund $30,841,037 $4,033,422
429 Capital Reserve* $9,546,568 $9,546,568

CITY COUNCIL STAFF REPORT
Meeting: June 1, 2021
Subject
Recommendation from the Parks and Recreation Commission to approve funds in the amount of $92,900 for the Fiscal Year (FY) 2021-22 Community Funding Grant Program; annual funding for the Cupertino Historical Society in the amount of $20,000; and approval of final funding amounts for the Community Funding Program, to be included in the Recommended Budget for FY 2021-22. (Continued from May 18).

Recommended Action
Consider the recommendation from the Parks and Recreation Commission to approve funds in the amount of $92,900 for the FY 2021-22 Community Funding Grant Program and consider annual funding for the Cupertino Historical Society in the amount of $20,000. Determine and approve final funding amounts for the Community Funding Program, to be included in the Recommended Final Budget for FY 2021-22; and provide direction to staff.

The item was initially included in the May 18, 2021 City Council meeting agenda and was continued to the June 1, 2021 meeting. Written communications for the item from the May 18 meeting have been included in the staff report (Attachment A) Discussion
Background
The Community Funding Grant application process opened in January and closed on February 1, 2021. The City received 17 applications for the FY 2021-22 Community Funding Grant Program application cycle. Staff reviewed all submitted applications for completeness and preliminary eligibility (Attachment A). The 17 applicants had the opportunity to attend the March 4 Parks and Recreation Commission meeting, provide additional information on their request, and answer any clarifying questions from the Commission.

Evaluation Process
At the April 1 regular meeting, the Parks and Recreation Commission facilitated the evaluation process and provided a funding recommendation to City Council. After receiving public comment on the item, the Commissioners each completed an evaluation form (Attachment B) before providing their total out of 100 for each application. Staff received the totals from each Commissioner and compiled them into the evaluation totals form (Attachment C), which the Commission used to discuss and determine their recommendation to Council.

Eligibility
After initial review of the 17 submitted applications, seven applications fully met eligibility requirements and ten applications were pending eligibility, requiring further consideration by the Commission. This is reflected in the Community Funding Applications Summary (Attachment D). Final eligibility was determined by the Commission during the evaluation process. The Commission agreed to provide rankings for all organizations, and deemed all eligible, except for the Silicon Valley Jewish Film Festival and Diwani Academy of Percussion Music in the United States.

This decision was based on the Community Funding Grant Policy (Attachment E) restrictions/guidelines that note admission to or participation in the organization’s event must be “free of charge” to Cupertino residents, unless stated in the application and approved by the Parks and Recreation Commission.

Parks and Recreation Commission Funding Recommendation to City Council The Commission carried a motion with 4 votes yes and one recusal to recommend to City Council funding for the following organizations at a total of $92,900:

West Valley Community Services of Santa Clara County, Inc. - $10,000 Cupertino Library Foundation - $15,000
Buddhist Tzu Chi Medical Foundation - $7,400
Santa Clara Valley Audubon Society - $8,500
Friends of Deer Hollow Farm - $7,000
Chinese American Coalition for Compassionate Care - $12,000 Valkyrie Robotics - $3,000
Tian Hong Foundation - $3,000
Rotary Club of Cupertino - $12,000
Euphrat Museum of Art - $15,000
The Commission considered the suggested funding range of $70,000 to $90,000 when providing their recommendation. The suggested funding range was included in the most recent version of the Community Funding Grant Policy, which was adopted by City Council at their December 1, 2020 meeting.

The Commission noted that following procedures from past years, it is anticipated that City Council will consider funding for the Cupertino Historical Society as a separate line item within the Community Funding Program budget, in addition to the Commission’s funding recommendation.

Cupertino Historical Society
Background
The Cupertino Historical Society has been awarded funding through the Community Funding Grant Program since 2015. As part of the FY 2019-20 budget approval process at the June 18, 2019 City Council meeting, Council unanimously approved to designate an annual amount of $20,000 as a base (or line) item for the Cupertino Historical Society. These funds are to be designated in the Community Funding Grant Program budget as their own line item. Below is a breakdown of the Historical Society’s previously awarded funds through the Community Funding Grant Program:
2015 - $10,000
2016 - $15,000
2017 - $15,000
2018 - $15,000
2019 - $20,000 (individual budget line item)
2020 - $20,000 (individual budget line item)
Current Considerations
The Historical Society is required to submit a grant application each year outlining how they anticipate utilizing funds (Attachment F), as well as a financial report at the end of each fiscal year, detailing how funds were used (Attachment G). At their December 1, 2020 meeting, City Council reviewed the Community Funding Grant Policy and requested to add funding of the Historical Society as a future agenda item for discussion. The policy is currently being reviewed and will be brought to Council for their consideration prior to the FY 2022-23 Community Funding Program cycle.

The $20,000 funding towards the Cupertino Historical Society, in addition to the Commission’s recommended funding amount of $92,900 would result in a total Community Funding Program budget of $112,900 for Fiscal Year 2021-22.

Sustainability Impact
No sustainability impact.

Fiscal Impact
If Council approves the Parks and Recreation Commission’s recommended funding amount of $92,900, the total Community Funding Program budget for Fiscal Year 2021-22 would total $112,900, including $20,000 allocated to the Cupertino Historical Society. Final funding amounts for the Community Funding Program will be included in the Recommended Final Budget for FY 2021-22. ___________________________________
Prepared by: Rachelle Sander, Assistant Director of Parks and Recreation Whitney Zeller, Administrative Assistant
Reviewed by: Joanne Magrini, Director of Parks and Recreation Approved for Submission by: Dianne Thompson, Assistant City Manager Attachments:

A – Written Communications 5.18.21 City Council Meeting Item 18 B – Community Funding Applications and Preliminary Eligibility Evaluations C – Commissioner Community Funding Evaluation Form
D – Evaluation Totals and Parks and Recreation Commission Recommendation E – Community Funding Applications Summary
F – Community Funding Grant Policy
G – Historical Society Grant Application FY 2021-22
H – Historical Society Financial Report (FY 2019-20)

CITY COUNCIL STAFF REPORT
Meeting: February 18, 2020
Subject
Award of Construction Inspection Services, Plan Review Services, and Public Works Inspection Services contracts for the Vallco SB35 project.

Recommended Action:

1. Authorize the City Manager to award a 3-year contract to 4LEAF, Inc. (4LEAF) to provide Construction Inspection Services and Public Works Inspection Services for a not to exceed contract price of $7,407,710 for the Vallco SB35 project.

2. Authorize the City Manager to award a 3-year contract to CSG Consultants, Inc. (CSG), for a not to exceed contract price of $1,149,983 for plan review services for the Vallco SB35 project.

3. Authorize the City Manager to award a 3-year contract to Independent Code Consulting, Inc. (ICCI) for a not to exceed contract price of $13,500,000 for plan review services for the Vallco SB35 project.

Discussion:

On February 4, 2020, City Council reviewed the recommendation to award contracts for three consulting firms to provide Professional Plan Review and Inspection Services for the Vallco S35 project. The February 4th staff report is included as attachment A.

Councilmembers made several recommendations to amend specific language in the contracts to ensure transparency in the construction and inspection phase of the project. Councilmembers also requested changes to the contract attachments, including the project description, to provide consistency.

As a result of the comments made by Councilmembers at the public hearing, staff revised contract provisions for Time of Performance, Invoices and Payments, Property Rights, and Records. Staff also worked with each of the consultants to provide a consistent Project Description and Scope of Services terms, attached as Exhibit A to each of the contracts, as well as consistent Compensation terms, included as Exhibit B to each of the contracts. The updated contracts are included as Attachments B, C, and D to this report.

GREEN ROOF DESIGN
A discussion related to the design, review and approval of the Vallco SB35 project green roof was brought up at the meeting.

The green roof is being designed as a seismically isolated structure by the integrated architecture, civil, geotechnical, and engineering firms to ensure that the green roof systems maintain structural stability, are structurally isolated in an earthquake, have a reinforced soil stabilization design to prohibit sliding of landscaping, proper drainage, recycled water irrigation with good soil percolation, and robust waterproofing.

Along with Rafael Vinoly Architects, the developer’s design team is comprised of two structural engineers, Nabih Yousef Associates and DCI Engineers, Olin Landscape, Sandis Civil Engineering, ME Engineers, Allana Buick & Bers Engineering, Langan Geotechnical Engineering, and a third-party seismic peer review panel.

A selected list of large-scale projects that feature landscape over structure in the portfolio of the design team include:
 Apple Park, Cupertino
 New Stanford Hospital, Palo Alto
 UCSF Ray and Dagmar Dolby Regeneration Medicine Building, San Francisco
 Pershing Square, Los Angeles
 Rockefeller University, New York
 Howard Hughes Medical Institute, Virginia
 The Getty Center, Los Angeles
 Battery Park City, New York
 Canary Wharf, London
 Bryant Park, New York
 The Church of Jesus Christ of Latter-Day Saints Conference Center, Salt Lake City
 Columbus Circle, New York
 Philadelphia Museum of Art Sculpture Garden, Philadelphia  Dilworth Park, Philadelphia
 Carnegie Hall Roof Terrace, New York
The City’s proposed building plan review firm, CSG Consultants Inc., has extensive experience in plan review of projects with systems and components similar to those on the Vallco SB35 project. For example, CSG has performed structural plan review on the elevated landscape system successfully implemented at Apple Park in Cupertino. In addition to the plan review of green roofs and elevated landscape systems, their licensed engineers have experience designing these types of systems and are well qualified to perform careful and detailed review of the design.

The City’s proposed building and public works plan review firm, Independent Code Consultants, Inc., also has the expertise to ensure rainwater does not pond by verifying there is an inlet within each drainage shed, landscape areas are designed with the acceptable slope and flow toward inlets, and that there is an appropriate overland release for large storm events. Inlets depicted on the roof plans are represented on the mechanical, electrical and plumbing plans. Walking pathways on the green roof are designed and reviewed to meet ADA and T24 California accessibility requirements.

FEE REVENUES
At the February 4th meeting, Councilmembers also asked for information about City costs that the pass through fees pay for. Each year the City adopts a Fee Schedule that lists fees for numerous services and permits provided by City departments. The Engineering and Building fee schedules for building and public works permits is available here: https://www.cupertino.org/ourcity/departments/community-development/building/building-forms-fees. These fees apply to all projects seeking these permits, including the Vallco SB35 project.

A user fee study was completed by the Matrix Consulting group in April 2016 to determine the full cost of various permitting services provided by the City. The fee study is attached to the April 5, 2016 City Council agenda packet. Based upon this study, Engineering, Building, and Planning fees were approved by Council to fully recover costs, thus fees charged are estimated to cover costs to provide the services and no more. Costs included in the fee study’s calculation include:

Cost
Component
Description
Direct Salaries, benefits and allowable departmental expenditures for staff processing the permits.

Departmental
Overhead
Division or Departmental administration / management and clerical support.

Citywide
Overhead
City costs associated with central service costs such as payroll, human resources, budgeting, City management, etc.

CrossDepartmental
Support
Costs associated with review or assistance by other departments in permit review.

In subsequent years these fee rates have been increased by the Consumer Price Index (CPI), Construction Cost Index (CCI), or by actual increases in salary and benefit changes as appropriate. The next user fee study is scheduled to occur in 2023 per the April 5, 2016 staff report.

Of the fees collected for the Vallco SB35 building and public work permit applications, the Plan Review consultants will receive 65% of the calculated plan review fee while the City will collect the remaining 35%. The Inspection firm will receive 75% of the calculated building permit fees while the City will collect the remaining 25%. Public Works inspections will be performed on a time and materials basis and the developer will provide a deposit account for the City to draw from to pay for these services.

As indicated in the fee study, the City’s portion of the plan review and inspection fees will be used to fund associated City staff time and overhead. This includes building and public works staff time (including salaries and benefits) and expenses to administer review of the permit applications, coordinate with consultants and the applicant, and perform the final review of all reviews and checks performed by the City’s consultants. Collected fees will also fund additional permit review by staff from other departments, such as planning, and support services provided by the Department of Administrative Services, City Manager’s office, and City Attorney’s office. Finally, fees will fund a portion of the City’s departmental and citywide overhead.

PROCESSING VALLCO SB35 PROJECT PERMIT APPLICATIONS
At the February 4th Council meeting, there were also questions about the timing of the City’s processing of permits for the Vallco SB 35 Project. Since October 2018, the developer has submitted applications for 8 separate demolition permits and 5 separate construction permits for the Project. The City has prioritized its review of these permit applications to accommodate the developer’s planned demolition and construction sequencing. Accordingly, the City’s work in 2019 focused on the demolition phase of the project. To date, the City has issued 7 out of the 8 demolition permit applications it has received. The last remaining demolition permit is for the demolition of the Wolfe Road Bridge Structure, which is in the review process and is currently with the applicant to respond to comments.

For the construction permit applications, the City has been prioritizing review of permits for other site ready work. The City is currently prepared to issue permits for Make-Ready Utility work pending final submittals by Vallco. This work includes the relocation and demolition of existing utilities to prepare the site for the proposed development.

At the same time, the City has been preparing for the third-party building and public works plan review and inspection services that will be necessary to process other pending and anticipated construction permits as the project moves into the construction phase. Thus, last year the City conducted a competitive procurement process for these services through a Request for Proposals and subsequent interviews. Once the preferred vendors were selected, the City began negotiations with the consultants over payment structures. The City also worked with the consultants to establish in advance processes and procedures to ensure the review process will be as efficient and effective as possible utilizing methods learned from the Apple Park project. The consultants are now ready to immediately begin plan review of other pending applications after City Council approval of the contracts for this item.

Sustainability Impact:

No sustainability impact.

Fiscal Impact:

The City will not incur a net fiscal impact. The City will be receiving permit, plan check, and inspection fees and deposits from the developer. These fees and deposits will be recorded in specific liability and revenue accounts. From the deposits and revenues received, a portion (65%-75%) will be used for permit, plan check, and building inspections performed by Consultants and expensed accordingly in specific accounts. Deposits for Public Works inspections will be used for consultant inspections expensed on a time and materials basis. _____________________________________
Prepared by: Albert Salvador, Assistant Director of Community Development Reviewed by: Benjamin Fu, Director of Community Development Approved for Submission by: Deborah L. Feng, City Manager Attachments:

A – February 4, 2020 Staff Report for Plan Review and Inspection Services B – Services Agreement – CSG Consultants, Inc.

C – Services Agreement – Independent Code Consultants, Inc.

D – Services Agreement – 4LEAF, Inc.

APPROVED MINUTES

CUPERTINO CITY COUNCIL
Tuesday, December 1, 2020

SPECIAL MEETING
At 5:30 p.m. Mayor Steven Scharf called the Special City Council meeting to order. This was a teleconference meeting with no physical location.

ROLL CALL

Present: Mayor Steven Scharf, Vice Mayor Darcy Paul, and Councilmembers Liang Chao, Rod Sinks, and Jon Robert Willey. Absent: None. All Councilmembers teleconferenced for the meeting.

STUDY SESSION

1. Subject: Study Session on Climate Action Plan 2.0 initial draft goals and vision statement
Recommended Action: Provide input and direction on the Climate Action Plan 2.0 initial draft goals and vision statement
Written communications for this item included a staff presentation.

Sustainability Manager Andre Duuvoort gave a presentation.

Mayor Scharf opened the public comment period and the following people spoke.

Pragya Natarajan, on behalf of Cupertino High School Environmental Club, supported a climate action plan, a 2030 deadline, and incentivizing electricity.

Gwyn Azar on behalf of Cupertino Youth Climate Action Team supported a climate action plan, an aggressive policy, and joining carbon neutral by 2030.

Jennifer Griffin supported sustainability goals, discussions on density building issues and new HVAC technologies, and was opposed switching from gas.

City Council Minutes December 1, 2020

Page 2 ends

Cupertino City CouncilJune 7, 2022

Cupertino City Council
June 7, 2022