11-15-2022 Searchable Packet.pdf — Cupertino City Council, November 15, 2022 (part 2 of 3)

STATEMENT OF TRANSACTIONS CITY OF CUPERTINO
FOR THE PERIOD SEPTEMBER 1, 2022 THROUGH SEPTEMBER 30, 2022 ACCOUNT NUMBER ¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯ ¯¯¯¯¯¯¯¯¯¯¯¯¯

STATEMENT OF TRANSACTIONS

REALIZED

DATE PAR VALUE/SHARES DESCRIPTION CASH COST VALUE GAIN/LOSS ¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯ 09/20/22 INTEREST RECEIVED 184.68
VERIZON OWNER TRUST 1.940% 4/22/24
CUSIP 92348AAA3
$0.00162/PV ON 114,235.57 PV
DUE 9/20/22
09/20/22 27,089.49- PAID DOWN 27,089.49 27,087.40- 2.09 VERIZON OWNER TRUST 1.940% 4/22/24
CUSIP 92348AAA3
09/26/22 INTEREST RECEIVED 2,550.00
VR FED HOME LN MTG 3.060% 7/25/23
CUSIP 3137B4WB8
$0.00255/PV ON 1,000,000.00 PV
DUE 9/25/22
09/26/22 INTEREST RECEIVED 2,639.42
VR FHLMC MULTIFAMI 3.334% 8/25/25
CUSIP 3137BLW95
$0.00278/PV ON 950,000.00 PV
DUE 9/25/22
09/26/22 INTEREST RECEIVED 2,939.17
VR FHLMC MULTIFAMILY 3.527% 10/25/23
CUSIP 3137B7MZ9
$0.00294/PV ON 1,000,000.00 PV
DUE 9/25/22
09/26/22 INTEREST RECEIVED 2,942.50
VR FHLMC MULTIFAMILY 3.531% 7/25/23
CUSIP 3137B5JM6
$0.00294/PV ON 1,000,000.00 PV
DUE 9/25/22
09/19/22 INTEREST RECEIVED 1,837.50
WALMART INC 1.050% 9/17/26
CUSIP 931142ER0
INTEREST ON 350,000.000 UNITS
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STATEMENT OF TRANSACTIONS

REALIZED

TRANSFER RECEIPTS
09/01/22 ADDITION TO ACCOUNT 4,234.46

TRANSFER FROM INCOME
09/06/22 ADDITION TO ACCOUNT 11,760.00

TRANSFER FROM INCOME
09/08/22 ADDITION TO ACCOUNT 29,125.00

TRANSFER FROM INCOME
09/09/22 ADDITION TO ACCOUNT 2,960.48

TRANSFER FROM INCOME
09/13/22 ADDITION TO ACCOUNT 28,750.00

TRANSFER FROM INCOME
09/14/22 ADDITION TO ACCOUNT 4,812.50

TRANSFER FROM INCOME
09/15/22 ADDITION TO ACCOUNT 60,928.68

TRANSFER FROM INCOME
09/16/22 ADDITION TO ACCOUNT 5,170.17

TRANSFER FROM INCOME
09/19/22 ADDITION TO ACCOUNT 1,964.61

TRANSFER FROM INCOME
09/20/22 ADDITION TO ACCOUNT 3,723.11

TRANSFER FROM INCOME
09/21/22 ADDITION TO ACCOUNT 399.45

TRANSFER FROM INCOME
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STATEMENT OF TRANSACTIONS

REALIZED

TRANSFER FROM INCOME
09/23/22 ADDITION TO ACCOUNT 4,687.50

TRANSFER FROM INCOME
09/26/22 ADDITION TO ACCOUNT 22,211.64

TRANSFER FROM INCOME
09/27/22 ADDITION TO ACCOUNT 1,830.25

TRANSFER FROM INCOME
09/30/22 ADDITION TO ACCOUNT 9,125.00

TRANSFER FROM INCOME

INVESTMENT MANAGEMENT EXPENSES
09/06/22 INVESTMENT MGMT FEE 9,118.15-

PAID TO CHANDLER ASSET MANAGEMENT INC

CHANDLER ASSET MGMT FEE INV
2208CUPERTIN

TRANSFER DISBURSEMENTS
09/01/22 TRANSFER TO PRINCIPAL 4,234.46-
09/06/22 TRANSFER TO PRINCIPAL 11,760.00-
09/08/22 TRANSFER TO PRINCIPAL 29,125.00-
09/09/22 TRANSFER TO PRINCIPAL 2,960.48-
09/13/22 TRANSFER TO PRINCIPAL 28,750.00-
09/14/22 TRANSFER TO PRINCIPAL 4,812.50-
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STATEMENT OF TRANSACTIONS

REALIZED

DATE PAR VALUE/SHARES DESCRIPTION CASH COST VALUE GAIN/LOSS ¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯ 09/15/22 TRANSFER TO PRINCIPAL 60,928.68-
09/16/22 TRANSFER TO PRINCIPAL 5,170.17-
09/19/22 TRANSFER TO PRINCIPAL 1,964.61-
09/20/22 TRANSFER TO PRINCIPAL 3,723.11-
09/21/22 TRANSFER TO PRINCIPAL 399.45-
09/22/22 TRANSFER TO PRINCIPAL 2,297.10-
09/23/22 TRANSFER TO PRINCIPAL 4,687.50-
09/26/22 TRANSFER TO PRINCIPAL 22,211.64-
09/27/22 TRANSFER TO PRINCIPAL 1,830.25-
09/30/22 TRANSFER TO PRINCIPAL 9,125.00-
================================================================================================================= ENDING BALANCE 0.00 155,998,078.10
¯¯¯¯¯¯¯¯¯¯¯¯¯¯ ¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯ ¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯
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INVESTMENT AND INSURANCE PRODUCTS ARE:
• NOT INSURED BY THE FEDERAL DEPOSIT INSURANCE CORPORATION (FDIC) OR ANY FEDERAL GOVERNMENT AGENCY • NOT A DEPOSIT, OBLIGATION OF, OR GUARANTEED BY ANY BANK OR BANKING AFFILIATE • SUBJECT TO INVESTMENT RISKS AND MAY LOSE VALUE, INCLUDING POSSIBLE LOSS OF PRINCIPAL AMOUNT INVESTED PAGE 36

PENDING TRADES SCHEDULE CITY OF CUPERTINO
FOR THE PERIOD SEPTEMBER 1, 2022 THROUGH SEPTEMBER 30, 2022 ACCOUNT NUMBER ¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯ ¯¯¯¯¯¯¯¯¯¯¯¯¯

PENDING TRADES SCHEDULE

TRADE SETTLE ACCRUED DUE TO/FROM MONTH END

PAR VALUE/SHARES DESCRIPTION DATE DATE INTEREST BROKER MARKET VALUE ¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯

PENDING PURCHASES
¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯ 1,000,000 FHLMC MULTIFAMILY ST 3.244% 8/25/27 09/28/22 10/03/22 180.22- 950,664.06- 943,990.00 PRICE: 95.0664
CUSIP 3137FBBX3
250,000 U.S. TREASURY NOTES 3.250% 6/30/27 09/28/22 10/03/22 2,097.49- 242,089.84- 240,937.50 PRICE: 96.8359
CUSIP 91282CEW7
==================================================================================================================================== TOTAL PENDING PURCHASES 2,277.71- 1,192,753.90- 1,184,927.50

PENDING SALES
¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯ 1,000,000- VR FHLMC MULTIFAMILY 3.531% 7/25/23 09/28/22 10/03/22 196.17 992,773.44 992,160.00- PRICE: 99.2773
CUSIP 3137B5JM6
==================================================================================================================================== TOTAL PENDING SALES 196.17 992,773.44 992,160.00-
____________________________________________________________________________________________________________________________________ NET PENDING TRADES 2,081.54- 199,980.46- 192,767.50
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CITY OF CUPERTINO
PARS Post-Employment Benefits Trust 9/1/2022 to 9/30/2022 Kristina Alfaro
Director of Administrative Services
City of Cupertino
10300 Torre Ave.

Cupertino, CA 95014
Account Summary
Source 9/1/2022 Contributions Earnings Expenses Distributions Transfers 9/30/2022 OPEB 1001 $32,172,804.96 $0.00 -$2,370,360.51 $9,609.64 $0.00 $0.00 $29,792,834.81 PENSION 1002 $17,693,782.10 $0.00 -$1,302,893.51 $5,286.50 $0.00 $0.00 $16,385,602.09 Totals $49,866,587.06 $0.00 -$3,673,254.02 $14,896.14 $0.00 $0.00 $46,178,436.90 Investment Selection
Source
OPEB

PENSION
Investment Objective
Source
OPEB

PENSION
Investment Return
Source 1-Month 3-Months 1-Year 3-Years 5-Years 10-Years OPEB -7.37% -4.85% -20.39% 0.86% 2.46% 4.72% 6/21/2010
PENSION -7.36% -4.87% -20.38% 2.06% - - 3/26/2019
Information as provided by US Bank, Trustee for PARS; Not FDIC Insured; No Bank Guarantee; May Lose Value Headquarters - 4350 Von Karman Ave., Suite 100, Newport Beach, CA 92660 800.540.6369 Fax 949.250.1250 www.pars.org Account balances are inclusive of Trust Administration, Trustee and Investment Management fees Annualized Return
Investment Return: Annualized rate of return is the return on an investment over a period other than one year multiplied or divided to give a comparable one-year return.

Past performance does not guarantee future results. Performance returns may not reflect the deduction of applicable fees, which could reduce returns. Information is deemed reliable but may be subject to change.

Individual account based on US Bank Balanced MM. Dual goals are to provide a moderate amount of current income with moderate capital growth.

Income production and longer term growth of capital.

Account Report for the Period
Balance as of
City of Cupertino - OPEB
Balance as of
Individual account based on US Bank Balanced MM. Dual goals are to provide a moderate amount of current income with moderate capital growth.

Income production and longer term growth of capital.

City of Cupertino - PEN
Plan's Inception Date
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City of Cupertino
PARS 115 Trust – OPEB Prefunding Program &
Pension Rate Stabilization Program Plan Client Review
October 24, 2022
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City of Cupertino ▎ 2
Contacts
Angela Tang, CEBS
Senior Coordinator, Client Services
(800) 540-6369 x159
[email protected]
Ryan Maxey
Vice President, Sr. Relationship Manager
(503) 464-3789
[email protected]
Mitch Barker
Executive Vice President
(949) 310-4876
[email protected]
Rick Rosenthal
Vice President , Senior Portfolio Manager
(213) 359-7954
[email protected]
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City of Cupertino ▎ 3
Pars Trust Team
Trust Administrator & Consultant
• Serves as record-keeper, consultant,
and central-point of contact
• Record-keeping/account valuations
• Monitors contributions
• Processes disbursements
• Handles all agency/participant inquiries
• Ongoing plan compliance
Corporate Experience
Dollars under Administration
38 years (1984-2022)
Over $6.1 billion
Investment Manager & Trustee
• Safeguard and Oversight of Plan
Assets
• Investment Fiduciary
• Manage Program Portfolios
• Investment Policy Assistance
• Open Architecture with Active
and Index Investments
Corporate Experience
Dollars under Trust Custody
159 years (1863–2022)
Over $9.0 trillion
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City of Cupertino ▎ 4
Subaccounts
OPEB and pension assets are
individually sub-accounted,
and can be divided by dept.,
bargaining group, or cost center.

Assets in the PARS Section 115
Combination Trust can be used
to address unfunded liabilities.

Financial Stability
Allows separate investment
strategies for OPEB and
pension subaccounts.

Flexible Investing
OPEB and pension assets
aggregate and reach lower fees
on tiered schedule sooner –
saving money!
Anytime Access Economies-of-Scale
Trust funds are available
anytime; OPEB for OPEB
and pension for pension.

No set-up costs, no minimum
annual contribution amounts,
and no fees until assets are added.

No Set Up Cost or Minimums
Retiree Medical Benefits
Prefund OPEB GASB 75
OPEB
$29.8M
Reimburse agency; or
Pay benefits provider
Pension Rate Stabilization Program
Prefund Pension (PRSP) GASB 68
Pension
$16.4M
Reimburse agency; or
Pay retirement system
Assets can be used to: Assets can be used to:
prefund
either or both
General Fund
PARS IRS-Approved Section 115 Trust
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City of Cupertino ▎ 5
Plan Type: IRC Section 115 Irrevocable Exclusive Benefit Trust Trustee Approach: Discretionary
Plan Effective Date: February 17, 2010
Plan Administrator: Director of Administrative Services Current Investment Strategy: U.S. Bank Balanced Multi-Manager (Active) Strategy; Individual Account Summary of Agency’s opeb Plan
AS OF SEPTEMBER 30, 2022:

Initial Contribution: June 2010: $7,000,000
Additional Contributions: $12,300,000
Total Contributions: $19,300,000
Disbursements: $0
Total Investment Earnings: $11,591,726
Account Balance: $29,792,835
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City of Cupertino ▎ 6
Summary of Agency’s opeb Plan
*Plan Year Ending June 2010 is based on 1 month of activity. **Plan Year Ending June 2023 is based on 3 months of activity.

HISTORY OF CONTRIBUTIONS, DISBURSEMENTS, AND TOTAL ASSETS AS OF SEPTEMBER 30, 2022:
$0
$5,000,000
$10,000,000
$15,000,000
$20,000,000
$25,000,000
$30,000,000
$35,000,000
$40,000,000
Plan Year Ending
Contributions
Disbursements
Total Assets
Year Contributions Disbursements Total Assets
Jun-10* $7,000,000 $0 $6,985,379
Jun-11 $2,000,000 $0 $9,742,816
Jun-12 $900,000 $0 $10,810,484
Jun-13 $1,400,000 $0 $13,358,376
Jun-14 $0 $0 $15,054,002
Jun-15 $8,000,000 $0 $23,113,331
Jun-16 $0 $0 $22,834,090
Jun-17 $0 $0 $25,745,075
Jun-18 $0 $0 $28,056,145
Jun-19 $0 $0 $29,218,234
Jun-20 $0 $0 $29,370,249
Jun-21 $0 $0 $38,025,046
Jun-22 $0 $0 $31,339,861
Jun-23** $0 $0 $29,792,835
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City of Cupertino ▎ 7
Plan Type: IRC Section 115 Irrevocable Exclusive Benefit Trust Trustee Approach: Discretionary
Plan Effective Date: May 15, 2018
Plan Administrator: Director of Administrative Services Current Investment Strategy: U.S. Bank Balanced Multi-Manager (Active) Strategy; Individual Account Summary of Agency’s Pension Plan
AS OF SEPTEMBER 30, 2022:

Initial Contribution: March 2019: $8,000,000
Additional Contributions: $8,000,000
Total Contributions: $16,000,000
Disbursements: $0
Total Investment Earnings: $555,977
Account Balance: $16,385,602
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City of Cupertino ▎ 8
Summary of Agency’s pension Plan
*Plan Year Ending June 2019 is based on 4 months of activity. **Plan Year Ending June 2023 is based on 3 months of activity.

HISTORY OF CONTRIBUTIONS, DISBURSEMENTS, AND TOTAL ASSETS AS OF SEPTEMBER 30, 2022:
$0
$2,000,000
$4,000,000
$6,000,000
$8,000,000
$10,000,000
$12,000,000
$14,000,000
$16,000,000
$18,000,000
$20,000,000
Jun-19 Jun-20 Jun-21 Jun-22 Jun-23
Plan Year Ending
Contributions
Disbursements
Total Assets
Year Contributions Disbursements Total Assets
Jun-19* $8,000,000 $0 $8,119,289
Jun-20 $4,000,000 $0 $12,725,224
Jun-21 $2,000,000 $0 $18,491,004
Jun-22 $2,000,000 $0 $17,240,051
Jun-23** $0 $0 $16,385,602
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City of Cupertino ▎ 9
Miscellaneous
Group
Valuation as of
June 30, 2020
Valuation as of
June 30, 2021 Change
Actuarial Liability $157.6 M $168.4 M 6.9% ↑
Assets $103.8 M $127.1 M 22.5% ↑
Unfunded Liability $53.8 M $41.3 M 23.3% ↓
Funded Ratio 65.9% 75.5% 14.6% ↑
Employer Contribution Amount $6.2 M
(FY 21-22)
$6.9 M
(FY 22-23) 11.5% ↑
Employer Contribution Amount – Projected* ---
$6.0 M
(FY 28-29) 12.2% ↓
Pension Funding Status
As of June 30, 2021, City of Cupertino’s CalPERS pension plan is funded as follows*:
* Data through 2028-29 from Agency’s latest CalPERS actuarial valuation. 366
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U.S. Bank Confidential U.S. Bank Confidential
Investment and insurance products and services including annuities are:NOT A DEPOSIT ● NOT FDIC INSURED ● MAY LOSE VALUE ● NOT BANK GUARANTEED ● NOT INSURED BY ANY FEDERAL GOVERNMENT AGENCY PARS/CITY OF CUPERTINO 115POPEB & PENSION ACCOUNTS
U.S. Bank Institutional Asset Management
September 30, 2022

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U.S. Bank Confidential
Table of Contents
 Section 1 – PORTFOLIO REVIEW
 PARS/CITY OF CUPERTINO 115P - OPEB (X9600)
• History of Asset Growth • Account Performance • Asset Allocation • Holdings  PARS/CITY OF CUPERTINO 115P – PENSION (X9601)
• History of Asset Growth • Account Performance • Asset Allocation • Holdings  Section 2 – ECONOMIC OUTLOOK Section 3 – DISCLOSURES, DEFINITIONS, DESCRIPTIONS

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U.S. Bank Confidential

PORTFOLIO REVIEW

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PARS/CITY OF CUPERTINO OPEB AGG
ACCOUNT XXXXX9600 Period Ending: 09/30/2022
History of Asset Growth Graphs
Ending Market Values Over Time
Annual Portfolio ValuesAllocation Over Time
Jan 2017- Jan 2018- Jan 2019- Jan 2020- Jan 2021- Jan 2022- Consolidated Dec 2017 Dec 2018 Dec 2019 Dec 2020 Dec 2021 Sep 2022 Beginning Portfolio Value 23,808,269 23,808,269 27,914,893 25,771,054 31,154,264 35,029,500 38,702,738Contributions 28,325,739 2 15 28,325,715 2 1 3Withdrawals -28,983,953 -106,702 -113,476 -28,432,997 -110,991 -128,524 -91,264Income Earned 3,113,145 452,364 548,841 695,433 482,644 640,255 293,609Gain/Loss 3,538,567 3,760,960 -2,579,219 4,795,058 3,503,582 3,161,506 -9,103,319Ending Portfolio Value 29,801,767 27,914,893 25,771,054 31,154,264 35,029,500 38,702,738 29,801,767Total Return 4.31 17.73 -7.30 20.89 12.85 10.86 -22.79Principal 2.47 15.74 -9.15 18.08 11.09 9.00 -23.47Income 1.79 1.74 1.99 2.42 1.59 1.72 .86 2017 2018 2019 2020 2021 2022
0 20406080
100
Total Equity Total Fixed Income
% Total Real Assets Total Cash Eqv
2017 2018 2019 2020 2021 2022
24M26M28M30M32M34M36M38M40M42M$

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U.S. Bank Confidential
Custom Benchmark
Asset Class Benchmark Range Target Actual
Equities MSCI AC World Free Index 50%‐70% 63% 65.7%
Fixed Income BBARC Global Aggregate Index 20%‐40% 29% 28.2% Real Estate S&P Global REIT TR USD 0%‐15% 5% 5.1%
Commodities S&P GSCI Commodity Index 0%‐10% 2% 0%
Cash FTSE 3‐Mo US T‐Bill Index 0%‐10% 1% 1%

CITY OF CUPERTINO

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PARS/CITY OF CUPERTINO OPEB AGG
Period Ending: 09/30/2022
Selected Period Performance
Year Inception
to Date to Date
Market Value 3 Months (9 Months) 1 Year 3 Years 5 Years 101 Months 07/01/2010 Total Portfolio Gross of Fees 29,801,767 -4.85 -22.79 -20.37 .87 2.42 3.76 5.22Total Portfolio Net of Fees 29,801,767 -4.89 -22.90 -20.52 .69 2.22 3.55 City of Cupertino -6.94 -22.83 -19.18 1.29 2.95 3.48 5.89Total Equity 18,705,130 -5.49 -27.01 -24.34 4.62 4.80 6.55 9.72 MSCI ACWI (Net) -6.82 -25.63 -20.66 3.75 4.44 5.48 8.20U.S. Equity 13,954,491 -3.46 -25.72 -21.11 5.28 6.23 8.18 S&P 500 Index (Total Return) -4.88 -23.87 -15.47 8.16 9.24 10.03 12.92 S&P MidCap 400 Index -2.46 -21.52 -15.25 6.01 5.82 7.62 11.36 S&P SmallCap 600 Index -5.20 -23.16 -18.83 5.48 4.84 7.52 11.59Developed Markets Equity 2,982,512 -10.27 -29.82 -31.97 5.84 3.56 3.76 MSCI EAFE Index (Net) -9.36 -27.09 -25.13 -1.83 -.84 .84 4.54Emerging Markets Equity 1,768,127 -11.30 -31.68 -34.45 -3.88 -3.90 -1.10 MSCI Emerging Markets Index (Net) -11.57 -27.16 -28.11 -2.07 -1.81 .92 2.06Total Fixed Income 9,615,289 -2.79 -12.45 -12.34 -4.61 -1.48 -.18 1.18 BBARC Global Aggregate Index -6.94 -19.89 -20.43 -5.74 -2.32 -1.15 .54 BBARC US Aggregate Bond Index -4.75 -14.61 -14.60 -3.26 -.27 .96 1.77Total Real Assets 1,183,510 -9.99 -28.26 -17.87 -2.36 1.88Real Estate 1,183,510 -9.99 -28.26 -17.87 -2.36 2.29 4.73 S&P Global REIT Index (Gross) -10.89 -28.71 -19.75 -4.27 1.22 3.43 7.38 S&P GSCI Index -10.31 21.80 23.64 12.19 7.75 -4.57 -1.42Total Cash Equivalents 297,839 .47 .62 .62 .46 .96 .67 .47 ICE BofAML US 3-Month Treasury Bill Index .46 .61 .62 .59 1.15 .80 .58Pending Cash 0 .00 .00 .00 .00 .00 .00 .00 ACCOUNT XXXXX9600

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PARS/CITY OF CUPERTINO 115P - OPEB
Portfolio Holdings
Account: XXXXXX9600 Holdings Method: Direct Report Date: 09/30/2022 © 2019 FactSet Research Systems Inc. All rights reserved. Past Performance is no guarantee of future results.

Not A Deposit | Not FDIC Insured | May Lose Value | Not Bank Guaranteed | Not Insured By Any Federal Government Agency Material is based on data from sources deemed to be reliable, accuracy/completeness is not guaranteed.

Holdings Date: 9/30/2022
Symbol
% of
Port. Price
Shares/
Units
Portfolio
Value
Cost
Basis
Unrealized
Gain/Loss
Current
Yield
Projected
Annual
Income
Total 100.0 29,773,926 29,560,525 213,401 2.01 599,666
Cash 1.00 297,199 297,199 .00 2.73 8,122
Cash Equivalents 1.00 297,199 297,199 .00 2.73 8,122
FIRST AM GOVT OB FD CL Z 31846V567 1.00 1.00 297,199 297,199 297,199 .00 2.73 8,122 Fixed Income 32.20 9,588,088 8,501,484 1,086,604 3.26 312,670 Investment Grade 27.21 8,102,343 6,764,485 1,337,859 2.68 217,020 Mutual Funds & ETFs 27.21 8,102,343 6,764,485 1,337,859 2.68 217,020 DoubleLine Total Return Bond Fund Class I DBLTX 9.03 8.87 303,272 2,690,024 2,338,633 351,391 3.69 99,170 Fidelity U.S. Bond Index Fund FXNAX 9.07 10.08 267,918 2,700,616 1,638,601 1,062,016 2.28 61,621 TIAA-CREF Short-Term Bond Fd Institutio… TISIX 9.11 9.79 276,987 2,711,703 2,787,251 -75,548 2.07 56,228 High Yield 4.99 1,485,744 1,736,999 -251,255 6.44 95,650 Mutual Funds & ETFs 4.99 1,485,744 1,736,999 -251,255 6.44 95,650 Artisan High Income Fund - Institutional Sh… APHFX 4.99 8.45 175,828 1,485,744 1,736,999 -251,255 6.44 95,650 Equity 62.82 18,705,130 19,134,225 -429,095 1.26 235,370 Large Cap U.S. Equity 29.90 8,902,283 10,534,506 -1,632,223 0.56 49,880 Mutual Funds & ETFs 29.90 8,902,283 10,534,506 -1,632,223 0.56 49,880 Harbor Capital Appreciation Fund - Retire… HNACX 14.90 63.82 69,501 4,435,579 5,039,805 -604,226 0.00 0 John Hancock Fds III Disciplined Value Fu… JVLIX 15.00 19.88 224,683 4,466,704 5,494,701 -1,027,997 1.12 49,880 Mid Cap U.S. Equity 11.96 3,562,401 1,466,435 2,095,966 1.52 54,236 Mutual Funds & ETFs 11.96 3,562,401 1,466,435 2,095,966 1.52 54,236 Fidelity Mid Cap Index Fund FSMDX 11.96 24.04 148,186 3,562,401 1,466,435 2,095,966 1.52 54,236 Small Cap U.S. Equity 5.00 1,489,807 1,555,728 -65,921 0.35 5,161 Mutual Funds & ETFs 5.00 1,489,807 1,555,728 -65,921 0.35 5,161 Boston Trust Walden Small Cap Fund BOSOX 5.00 14.69 101,416 1,489,807 1,555,728 -65,921 0.35 5,161 Developed Markets Equity 10.02 2,982,512 3,932,032 -949,520 4.23 126,093 Mutual Funds & ETFs 10.02 2,982,512 3,932,032 -949,520 4.23 126,093 Fidelity International Index Fund FSPSX 10.02 35.74 83,450 2,982,512 3,932,032 -949,520 4.23 126,093 Emerging Markets Equity 5.94 1,768,127 1,645,524 122,602 0.00 0 Mutual Funds & ETFs 5.94 1,768,127 1,645,524 122,602 0.00 0 Baron Emerging Markets Fd Inst Shs BEXIX 5.94 12.01 147,221 1,768,127 1,645,524 122,602 0.00 0

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PARS/CITY OF CUPERTINO 115P - OPEB
Portfolio Holdings
Account: XXXXXX9600 Holdings Method: Direct Report Date: 09/30/2022 © 2019 FactSet Research Systems Inc. All rights reserved. Past Performance is no guarantee of future results.

Holdings Date: 9/30/2022
Symbol
% of
Port. Price
Shares/
Units
Portfolio
Value
Cost
Basis
Unrealized
Gain/Loss
Current
Yield
Projected
Annual
Income
Real Assets 3.97 1,183,510 1,627,618 -444,108 3.68 43,503 U.S. Listed Real Estate 3.97 1,183,510 1,627,618 -444,108 3.68 43,503 iShares Core U.S. REIT ETF USRT 3.97 47.50 24,916 1,183,510 1,627,618 -444,108 3.68 43,503

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PARS/CITY OF CUPERTINO 115P - OPEB
Fixed Income Holdings
Account: XXXXXX9600 Holdings Method: Direct Report Date: 09/30/2022 © 2019 FactSet Research Systems Inc. All rights reserved. Past Performance is no guarantee of future results.

Holdings Date: 9/30/2022
Symbol
% of
Fixed
Income
Portfolio
Value
Projected
Annual
Income
Current
Yield
Yield to
Maturity
Effective
Duration
Effective
Maturity
Avg.

Quality
Total 100.00 9,588,088 312,670 3.26 4.38 4.08 4.62 BBBInvestment Grade 84.50 8,102,343 217,020 2.68 3.91 4.34 4.62 BBB+ Mutual Funds & ETFs 84.50 8,102,343 217,020 2.68 3.91 4.34 4.62 BBB+ DoubleLine Total Return Bond Fund Class I DBLTX 28.10 2,690,024 99,170 3.69 4.45 5.06 7.21 BB Fidelity U.S. Bond Index Fund FXNAX 28.20 2,700,616 61,621 2.28 NA 6.41 NA AA TIAA-CREF Short-Term Bond Fd Institutional Cl... TISIX 28.30 2,711,703 56,228 2.07 3.37 1.57 2.06 BBB High Yield 15.50 1,485,744 95,650 6.44 6.12 2.64 NA B
Mutual Funds & ETFs 15.50 1,485,744 95,650 6.44 6.12 2.64 NA B Artisan High Income Fund - Institutional Shar... APHFX 15.50 1,485,744 95,650 6.44 6.12 2.64 NA B

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PARS/CITY OF CUPERTINO 115P- PENSION
Period Ending: 09/30/2022
History of Asset Growth Graphs
Ending Market Values Over Time
Annual Portfolio ValuesAllocation Over Time
May 2019- Jan 2020- Jan 2021- Jan 2022-
Consolidated Dec 2019 Dec 2020 Dec 2021 Sep 2022
Beginning Portfolio Value 8,073,518 8,073,518 8,657,991 15,177,347 18,820,778Contributions 8,000,006 1 4,000,002 2,000,000 2,000,002Withdrawals -169,055 -20,472 -43,099 -59,572 -45,912Income Earned 800,678 155,938 193,205 301,788 149,747Gain/Loss -314,633 449,006 2,369,247 1,401,215 -4,534,101Ending Portfolio Value 16,390,515 8,657,991 15,177,347 18,820,778 16,390,515Total Return 2.15 7.51 17.09 10.54 -22.72Principal .38 5.52 15.31 8.69 -23.40Income 1.76 1.91 1.55 1.70 .86 2019 2020 2021 2022
0 20406080
100
Total Equity Total Fixed Income
% Total Real Assets Total Cash Eqv
2019 2020 2021 2022
8M
10M12M14M16M18M20M$
ACCOUNT XXXXX9601

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U.S. Bank Confidential
Custom Benchmark
Asset Class Benchmark Range Target Actual
Equities MSCI AC World Free Index 50%‐70% 63% 65.7%
Fixed Income BBARC Global Aggregate Index 20%‐40% 29% 28.2% Real Estate S&P Global REIT TR USD 0%‐15% 5% 5.1%
Commodities S&P GSCI Commodity Index 0%‐10% 2% 0%
Cash FTSE 3‐Mo US T‐Bill Index 0%‐10% 1% 1%

CITY OF CUPERTINO

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PARS/CITY OF CUPERTINO 115P- PENSION
Period Ending: 09/30/2022
Selected Period Performance
Year Inception
to Date to Date
Market Value 3 Months (9 Months) 1 Year 3 Years 05/01/2019 Total Portfolio Gross of Fees 16,390,515 -4.86 -22.72 -20.30 2.05 2.15Total Portfolio Net of Fees 16,390,515 -4.91 -22.82 -20.44 1.87 1.97 City of Cupertino -6.94 -22.83 -19.18 1.29 1.69Total Equity 10,287,402 -5.48 -27.01 -24.34 4.66 3.81 MSCI ACWI (Net) -6.82 -25.63 -20.66 3.75 3.34U.S. Equity 7,674,688 -3.45 -25.72 -21.10 5.28 4.66 S&P 500 Index (Total Return) -4.88 -23.87 -15.47 8.16 7.74 S&P MidCap 400 Index -2.46 -21.52 -15.25 6.01 4.94 S&P SmallCap 600 Index -5.20 -23.16 -18.83 5.48 4.14Developed Markets Equity 1,640,321 -10.27 -29.82 -31.97 5.84 4.16 MSCI EAFE Index (Net) -9.36 -27.09 -25.13 -1.83 -1.68Emerging Markets Equity 972,392 -11.30 -31.68 -34.45 -3.88 -4.48 MSCI Emerging Markets Index (Net) -11.57 -27.16 -28.11 -2.07 -3.47Total Fixed Income 5,288,189 -2.80 -12.45 -12.34 -4.58 -2.89 BBARC Global Aggregate Index -6.94 -19.89 -20.43 -5.74 -3.87 BBARC US Aggregate Bond Index -4.75 -14.61 -14.60 -3.26 -1.36Total Real Assets 650,893 -9.89 -28.17 -17.77 -2.29 .50Real Estate 650,893 -9.89 -28.17 -17.77 -2.29 .50 S&P Global REIT Index (Gross) -10.89 -28.71 -19.75 -4.27 -1.55 S&P GSCI Index -10.31 21.80 23.64 12.19 7.91Total Cash Equivalents 164,032 .39 .48 .48 .41 .62 ICE BofAML US 3-Month Treasury Bill Index .46 .61 .62 .59 .82Pending Cash 0 .00 .00 .00 .00 .00 ACCOUNT XXXXX9601

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PARS/CITY OF CUPERTINO 115P- PENSION
Portfolio Holdings
Account: XXXXXX9601 Holdings Method: Direct Report Date: 09/30/2022 © 2019 FactSet Research Systems Inc. All rights reserved. Past Performance is no guarantee of future results.

Holdings Date: 9/30/2022
Symbol
% of
Port. Price
Shares/
Units
Portfolio
Value
Cost
Basis
Unrealized
Gain/Loss
Current
Yield
Projected
Annual
Income
Total 100.0 16,375,216 17,789,274 -1,414,059 2.01 329,810 Cash 1.00 163,655 163,655 .00 2.73 4,473
Cash Equivalents 1.00 163,655 163,655 .00 2.73 4,473
FIRST AM GOVT OB FD CL Z 31846V567 1.00 1.00 163,655 163,655 163,655 .00 2.73 4,473 Fixed Income 32.20 5,273,267 5,517,855 -244,588 3.26 171,962 Investment Grade 27.21 4,456,137 4,575,006 -118,868 2.68 119,357 Mutual Funds & ETFs 27.21 4,456,137 4,575,006 -118,868 2.68 119,357 DoubleLine Total Return Bond Fund Class I DBLTX 9.03 8.87 166,794 1,479,464 1,392,249 87,216 3.69 54,542 Fidelity U.S. Bond Index Fund FXNAX 9.07 10.08 147,350 1,485,290 1,651,874 -166,584 2.28 33,891 TIAA-CREF Short-Term Bond Fd Institutio… TISIX 9.11 9.79 152,337 1,491,383 1,530,883 -39,500 2.07 30,924 High Yield 4.99 817,129 942,849 -125,720 6.44 52,606
Mutual Funds & ETFs 4.99 817,129 942,849 -125,720 6.44 52,606 Artisan High Income Fund - Institutional Sh… APHFX 4.99 8.45 96,702 817,129 942,849 -125,720 6.44 52,606 Equity 62.82 10,287,402 11,234,683 -947,281 1.26 129,449 Large Cap U.S. Equity 29.90 4,896,076 5,874,894 -978,818 0.56 27,433 Mutual Funds & ETFs 29.90 4,896,076 5,874,894 -978,818 0.56 27,433 Harbor Capital Appreciation Fund - Retire… HNACX 14.90 63.82 38,224 2,439,479 2,904,173 -464,695 0.00 0 John Hancock Fds III Disciplined Value Fu… JVLIX 15.00 19.88 123,571 2,456,597 2,970,720 -514,123 1.12 27,433 Mid Cap U.S. Equity 11.96 1,959,249 1,305,598 653,651 1.52 29,829 Mutual Funds & ETFs 11.96 1,959,249 1,305,598 653,651 1.52 29,829 Fidelity Mid Cap Index Fund FSMDX 11.96 24.04 81,500 1,959,249 1,305,598 653,651 1.52 29,829 Small Cap U.S. Equity 5.00 819,364 855,569 -36,205 0.35 2,838 Mutual Funds & ETFs 5.00 819,364 855,569 -36,205 0.35 2,838 Boston Trust Walden Small Cap Fund BOSOX 5.00 14.69 55,777 819,364 855,569 -36,205 0.35 2,838 Developed Markets Equity 10.02 1,640,321 2,113,068 -472,746 4.23 69,349 Mutual Funds & ETFs 10.02 1,640,321 2,113,068 -472,746 4.23 69,349 Fidelity International Index Fund FSPSX 10.02 35.74 45,896 1,640,321 2,113,068 -472,746 4.23 69,349 Emerging Markets Equity 5.94 972,392 1,085,556 -113,163 0.00 0 Mutual Funds & ETFs 5.94 972,392 1,085,556 -113,163 0.00 0 Baron Emerging Markets Fd Inst Shs BEXIX 5.94 12.01 80,965 972,392 1,085,556 -113,163 0.00 0

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PARS/CITY OF CUPERTINO 115P- PENSION
Portfolio Holdings
Account: XXXXXX9601 Holdings Method: Direct Report Date: 09/30/2022 © 2019 FactSet Research Systems Inc. All rights reserved. Past Performance is no guarantee of future results.

Holdings Date: 9/30/2022
Symbol
% of
Port. Price
Shares/
Units
Portfolio
Value
Cost
Basis
Unrealized
Gain/Loss
Current
Yield
Projected
Annual
Income
Real Assets 3.97 650,893 873,082 -222,189 3.68 23,925
U.S. Listed Real Estate 3.97 650,893 873,082 -222,189 3.68 23,925 iShares Core U.S. REIT ETF USRT 3.97 47.50 13,703 650,893 873,082 -222,189 3.68 23,925

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PARS/CITY OF CUPERTINO 115P- PENSION
Fixed Income Holdings
Account: XXXXXX9601 Holdings Method: Direct Report Date: 09/30/2022 © 2019 FactSet Research Systems Inc. All rights reserved. Past Performance is no guarantee of future results.

Holdings Date: 9/30/2022
Symbol
% of
Fixed
Income
Portfolio
Value
Projected
Annual
Income
Current
Yield
Yield to
Maturity
Effective
Duration
Effective
Maturity
Avg.

Quality
Total 100.00 5,273,267 171,962 3.26 4.38 4.08 4.62 BBBInvestment Grade 84.50 4,456,137 119,357 2.68 3.91 4.34 4.62 BBB+ Mutual Funds & ETFs 84.50 4,456,137 119,357 2.68 3.91 4.34 4.62 BBB+ DoubleLine Total Return Bond Fund Class I DBLTX 28.10 1,479,464 54,542 3.69 4.45 5.06 7.21 BB Fidelity U.S. Bond Index Fund FXNAX 28.20 1,485,290 33,891 2.28 NA 6.41 NA AA TIAA-CREF Short-Term Bond Fd Institutional Cl... TISIX 28.30 1,491,383 30,924 2.07 3.37 1.57 2.06 BBB High Yield 15.50 817,129 52,606 6.44 6.12 2.64 NA B
Mutual Funds & ETFs 15.50 817,129 52,606 6.44 6.12 2.64 NA B Artisan High Income Fund - Institutional Shar... APHFX 15.50 817,129 52,606 6.44 6.12 2.64 NA B

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U.S. Bank Confidential

ECONOMIC OUTLOOK

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[ 1 ] Important disclosures provided on page 4.

Market analysis
At a glance Equities bounced to start the fourth quarter, but higher interest rates and a strong jobs market tempered weekly gains. Inflation pressures remain a key factor in asset class trends.

Term of weekOPEC+ – The Organization of the Petroleum Exporting Countries (OPEC) is a group consisting of 14 of the world’s major oil-exporting nations. OPEC+ also includes 10 OPEC allies, the largest of which are Russia, Mexico and Kazakhstan.

October 11, 2022
This informational material is provided by U.S. Bank Asset Management Group who provides analysis and research to U.S. Bank and its affiliate U.S. Bancorp Investments. Contact your wealth professional for more details.

Number of the week 10.1 millionThe number of job openings in August, down 1.1 million from July. “Jobs data remains solid. Nonfarm payrolls gained 263,000 jobs in September, mostly driven by service sector hiring, and the unemployment rate fell to 3.5%. While the monthly gain was the lowest since April of 2021, the pace of hiring remains strong. However, robust wage gains, with average hourly earnings rising 5% for the past year, may weigh on future hiring.” - Robert Haworth, Senior Vice President, Senior Investment Strategy Director, U.S. Bank usbank.comInvestment products and services are:

NOT A DEPOSIT • NOT FDIC INSURED • MAY LOSE VALUE • NOT BANK GUARANTEED • NOT INSURED BY ANY FEDERAL GOVERNMENT AGENCY

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[ 2 ] Important disclosures provided on page 4.

Global economy
Quick take: The U.S. jobs market remains solid, but global manufacturing activity continues to slow, with recessionary indications for Europe and China. Our view: Our U.S. Health Check highlights positive but below-trend economic activity and decelerating momentum as the Federal Reserve (Fed) tightens monetary policy to combat elevated inflation. Outside the U.S., our foreign scores are below median and slowing.  Jobs data remains solid. Nonfarm payrolls gained 263,000 jobs in September, mostly driven by service sector hiring, and the unemployment rate fell to 3.5%. While the monthly gain was the lowest since April of 2021, the pace of hiring remains strong. However, robust wage gains, with average hourly earnings rising 5% for the past year, may weigh on future hiring. Job openings of 10.1 million in August slipped 1.1 million from July. While still 170% higher than the number of unemployed persons, the decrease indicates companies may be trimming their hiring plans.  The Institute of Supply Management Index, which measures U.S. activity for manufacturing and services, eased in September. While results for both are slowing, manufacturing appears closer to contraction, with new orders and employment declining. In contrast, the services index saw acceleration in employment and slowing growth in new orders. The results seem to indicate the economy is faltering, though still growing at a modest rate.  S&P Global Purchasing Managers Index for foreign
manufacturing slipped toward recession. The broad index is contracting for China, the Eurozone, the United Kingdom and Taiwan, while Japan and India are among the few major economies where the activity is expanding. Broadly, new orders and output remain challenging while business continue to hire as they are best able.

Equity markets
Quick take: Equities traded in seesaw fashion in October, largely over how much Fed actions will slow the economy and drive a recessionary decline in corporate profitability. This week, an update on the pace of inflation and the unofficial launch of the third quarter reporting period will weigh on sentiment and equity prices. Our view: Inflation, interest rates and earnings are key to equity returns. At present, inflation continues to run hot, interest rates are rising and consensus earnings projections seem high. To be determined is when or if inflation peaks, how soon the Fed stops hiking rates and if valuations already discount a slower pace of earnings growth in 2023. In aggregate, these scenarios would present a compelling risk/reward profile for equities.  Third quarter reporting period unofficially begins this week, with release on Friday of quarterly results from several money center banks. Investors will watch revenue and earnings growth trends, the extent to which profit margins are trending lower, the resilience and duration of consumer spending on “experiences,” the outlook for holiday sales, retailer inventory levels and business spending trends.  Consensus analysts’ expectations are for growth in both revenue and earnings. As of September 30, expectations for third quarter revenue and earnings are year-over-year growth of 8.5% and 2.7%, respectively, according to FactSet Research Systems. So far, 4% of S&P 500 companies have released results, and they are in line with to above expectations. Sales are advancing approximately 12.5% over year-ago levels and earnings increasing 3.0%, according to Bloomberg.  Earnings projections for 2022 and 2023 seem high and subject to downward revision. Consensus projections for 2022 and 2023 are roughly $223 and $240, respectively, representing year-overyear growth of approximately 7.5%, according to Bloomberg, FactSet and S&P Capital IQ. At present, the S&P 500 trades at roughly 16.0 and 15.0 times 2022 and 2023 estimates, respectively, levels near historical norms during periods of similar economic conditions. Persistent inflation is among the reasons to expect projections for valuations in 2023 to be revised lower.

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[ 3 ] Important disclosures provided on page 4.

Bond markets
Quick take: Treasury yields ended last week higher, pushing bond prices lower. Investors continue swinging from optimism the Fed will pivot from its interest rate hiking campaign to fearing it will continue lifting rates well into 2023. Fed speakers reiterated their call for further rate hikes last week. Our view: We see the best opportunities in retaining above-normal exposure to high-quality bonds as restrictive monetary policy, slowing growth, high inflation and currency volatility continue to shake global markets.  Pressure remains on the Fed to continue its rate hiking campaign, contributing to market stress. Interest rate markets expect the Fed to increase its target funds rate by 0.75% at the next meeting in early November and 0.50% in December, bringing the year-end rate to 4.25%-4.50%. Expectations are for rates to peak in the first half of 2023 and fall slightly in the second half. The current trajectory of investor expectations assumes inflation moderates and moves decisively toward the Fed’s 2% target.

Other central banks around the globe are also hiking, with 215 total net rate hikes this year across 60 central banks. More than three quarters of those hikes were larger than normal, highlighting the urgency policymakers feel around dampening inflation.  The Bank of England announced additional emergency
measures to control its long-term government bond yields.

Two weeks ago, the Bank of England announced emergency bond buying to control spiking long-term bond yields, which threatened pension plans. This week, it announced measures to broaden the campaign to include inflation-protected bonds and increased the amount it can buy. Investors largely ignored the announcements and 30-year U.K government bond yields (gilts) jumped again and are approaching the 5% level reached when the original emergency measures were announced.

Real assets
Quick take: Rising interest rates continue to pressure real asset prices. Infrastructure performed the worst last week, with Utilities losing more than 2%. Commodities outperformed, driven by oil prices. Our view: We continue to see value in Real Assets’ defensive sectors. Infrastructure should outperform on a relative basis, with investors favoring tangible assets with stable cash flows as we move past peak earnings growth.  Real Estate trailed the S&P 500 by 4% last week as interest rates rose. The secular growth sectors faced selling pressure due to rising rates. Retail and industrial properties were the topperforming sectors while cell towers and data centers lagged. Real Estate valuations are cheaper, but higher interest rates could pressure forward returns in the short term.  Infrastructure trailed the S&P 500 by 3% last week.

Performance was led by midstream energy and toll roads, which beat the S&P 500 by 2.5% and 1%, respectively. Utilities were the main detractor as interest rates rose, pressuring valuations.  Crude oil prices rose 16.5% after OPEC+ agreed to a 2 million barrel per day production cut. OPEC+ is the Organization of the Petroleum Exporting Countries plus 10 oil-producing allies, including Russia. We see the crude market as undersupplied, which should be supportive for prices over a longer time horizon, but acknowledge downside exists if the economy continues to slow.

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[ 4 ] ©2022 U.S. Bank.

This information represents the opinion of U.S. Bank Wealth Management. The views are subject to change at any time based on market or other conditions and are current as of the date indicated on the materials. This is not intended to be a forecast of future events or guarantee of future results. It is not intended to provide specific advice or to be construed as an offering of securities or recommendation to invest. Not for use as a primary basis of investment decisions. Not to be construed to meet the needs of any particular investor. Not a representation or solicitation or an offer to sell/buy any security. Investors should consult with their investment professional for advice concerning their particular situation. The factual information provided has been obtained from sources believed to be reliable, but is not guaranteed as to accuracy or completeness. U.S. Bank is not affiliated or associated with any organizations mentioned. Based on our strategic approach to creating diversified portfolios, guidelines are in place concerning the construction of portfolios and how investments should be allocated to specific asset classes based on client goals, objectives and tolerance for risk. Not all recommended asset classes will be suitable for every portfolio.

Diversification and asset allocation do not guarantee returns or protect against losses. Past performance is no guarantee of future results. All performance data, while obtained from sources deemed to be reliable, are not guaranteed for accuracy. Indexes shown are unmanaged and are not available for direct investment. The S&P 500 Index consists of 500 widely traded stocks that are considered to represent the performance of the U.S. stock market in general. The Institute of Supply Management Manufacturing Index, also called the Purchasing Manager's Index, measures manufacturing activity based on a monthly survey, conducted by the Institute for Supply Management, of purchasing managers at more than 300 manufacturing firms. The S&P Global Purchasing Managers' Index data are compiled by IHS Markit for more than 40 economies worldwide. The monthly data are derived from surveys of senior executives at private sector companies. The PMI dataset features a headline number, which indicates the overall health of an economy, and sub-indices, which provide insights into other key economic drivers such as GDP, inflation, exports, capacity utilization, employment and inventories. The Consumer Price Index is a measure that examines the weighted average of prices of a basket of consumer goods and services, such as transportation, food and medical care. It is one of the most frequently used statistics for identifying periods of inflation or deflation. Equity securities are subject to stock market fluctuations that occur in response to economic and business developments. International investing involves special risks, including foreign taxation, currency risks, risks associated with possible differences in financial standards and other risks associated with future political and economic developments. Investing in emerging markets may involve greater risks than investing in more developed countries. In addition, concentration of investments in a single region may result in greater volatility. Investing in fixed income securities are subject to various risks, including changes in interest rates, credit quality, market valuations, liquidity, prepayments, early redemption, corporate events, tax ramifications and other factors. Investment in debt securities typically decrease in value when interest rates rise. This risk is usually greater for longer-term debt securities. Investments in lower-rated and non-rated securities present a greater risk of loss to principal and interest than higher-rated securities. Investments in high yield bonds offer the potential for high current income and attractive total return, but involve certain risks. Changes in economic conditions or other circumstances may adversely affect a bond issuer's ability to make principal and interest payments. The municipal bond market is volatile and can be significantly affected by adverse tax, legislative or political changes and the financial condition of the issues of municipal securities. Interest rate increases can cause the price of a bond to decrease. Income on municipal bonds is free from federal taxes, but may be subject to the federal alternative minimum tax (AMT), state and local taxes. There are special risks associated with investments in real assets such as commodities and real estate securities. For commodities, risks may include market price fluctuations, regulatory changes, interest rate changes, credit risk, economic changes and the impact of adverse political or financial factors. Investments in real estate securities can be subject to fluctuations in the value of the underlying properties, the effect of economic conditions on real estate values, changes in interest rates and risks related to renting properties (such as rental defaults).

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U.S. Bank | Confidential
Important disclosures, definitions
of terms and index descriptions
If you have questions regarding this information or wish to receive definitions of any additional terms or indexes used in this report, please contact your Portfolio Manager.

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Important disclosures (page 1 of 4)
The information provided here is not intended to replace your account statement. Your account statement is the official record of your account.

Equal Housing Lender. Credit products are offered by U.S. Bank National Association and subject to normal credit approval.

Deposit products offered by U.S. Bank National Association. Member FDIC.

For use in one-on-one meetings/presentations.This information represents the opinion of U.S. Bank. The views are subject to change at any time based on market or other conditions and are current as of the date indicated on the materials. This is not intended to be a forecast of future events orguarantee of future results. The factual information provided has been obtained from sources believed to be reliable but is not guaranteed as to accuracy or completeness.U.S. Bank and its representatives do not provide tax or legal advice. Your tax and financial situation is unique. You should consult your tax and/or legal advisor for advice and information concerning your particular situation.Past performance is no guarantee of future results. All performance data, while obtained from sources deemed to be reliable, are not guaranteed for accuracy. Indexes shown are unmanaged and are not available for direct investment, nor are they subject to fees and expenses.Performance reports included may show performance results gross of fees and expenses. If fees and expenses were included, theperformance would be lower. If you have any questions, please speak with your relationship manager for additional information.

Based on our strategic approach to creating diversified portfolios, guidelines are in place concerning the construction of portfolios and how investments should be allocated to specific asset classes based on client goals, objectives and tolerance for risk. Not all recommended asset classes will be suitable for every portfolio. Diversification and asset allocation do not guarantee returns or protect against losses.

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Equity securities are subject to stock market fluctuations that occur in response to economic and business developments. Stocks of small-capitalization companies involve substantial risk. These stocks historically have experienced greater price volatility than stocks of larger companies and may be expected to do so in the future. Stocks of mid-capitalization companies can be expected to be slightly less volatile than those of small-capitalization companies, but still involve substantial risk and may be subject to more abrupt or erratic movements than large-capitalization companies. The value of large-capitalization stocks will rise and fall in response to the activities of the company that issued them, general market conditions and/or economic conditions. Growth investments focus on stocks of companies whose earnings/profitability are accelerating in the short term or have grown consistently over the long term. Such investments may provide minimal dividends, which could otherwise cushion stock prices in a market decline. Stock value may rise and fall significantly based, in part, on investors' perceptions of the company, rather than onfundamental analysis of the stocks. Investors should carefully consider the additional risks involved in growth investments. Value investments focus on stocks of income-producing companies whose price is low relative to one or more valuation factors, such as earnings or book value. Such investments are subject to risks that their intrinsic values may never be realized by the market, or such stocks may turn out not to have been undervalued. Investors should carefully consider the additional risks involved in value investments. International investing involves special risks, including foreign taxation, currency risks, risks associated with possible differences in financial standards and other risks associated with future political and economic developments. Investing in emerging markets may involve greater risks than investing in more developed countries. In addition, concentration of investments in a single region may result in greater volatility. Investments in real estate securities can be subject to fluctuations in the value of the underlying properties, the effect of economic conditions on real estate values, changes in interest rates and risks related to renting properties (such as rental defaults). There are special risks associated with an investment in commodities, including market price fluctuations, regulatory changes, interest rate changes, credit risk, economic changes and the impact of adverse political or financial factors.

Investments in fixed income securities are subject to various risks, including changes in interest rates, credit quality, market valuations, liquidity, prepayments, early redemption, corporate events, tax ramifications and other factors. Investment in fixed income securities typically decrease in value when interest rates rise. This risk is usually greater for longer-term securities. Investments in lower-rated and non-rated securities present a greater risk of loss to principal and interest than higher-rated securities. Investments in high yield bonds offer the potential for high current income and attractive total return, but involve certain risks. Changes in economic conditions or other circumstances may adversely affect a bond issuer's ability to make principal and interest payments.

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Important disclosures (page 3 of 4)
The municipal bond market is volatile and can be significantly affected by adverse tax, legislative or political changes and the financial condition of the issues of municipal securities. Interest rate increases can cause the price of a bond to decrease. Income on municipal bonds is free from federal taxes, but may be subject to the federal alternative minimum tax (AMT), state and local taxes.

Treasury Inflation-Protected Securities (TIPS) offer a lower return compared to other similar investments and the principal value may increase or decrease with the rate of inflation. Gains in principal are taxable in that year, even though not paid out until maturity.Non-financial specialty assets, such as real estate, farm, ranch and timber properties, oil, gas and mineral interests or closely-held business interests are complex and involve unique risks specific to each asset type, including the total loss of value. Special risk considerations may include natural events or disasters, complex tax considerations and lack of liquidity. Specialty assets may not be suitable for all investors. Alternative investments very often use speculative investment and trading strategies. There is no guarantee that the investment program will be successful. Alternative investments are designed only for investors who are able to tolerate the full loss of aninvestment. These products are not suitable for every investor even if the investor does meet the financial requirements. It is important to consult with your investment professional to determine how these investments might fit your asset allocation, riskprofile and tax situation. Hedge funds are speculative and involve a high degree of risk. An investment in a hedge fund involves a substantially more complicated set of risk factors than traditional investments in stocks or bonds, including the risks of using derivatives, leverage and short sales, which can magnify potential losses or gains. Restrictions exist on the ability to redeem or transfer interests in a fund. Exchange-traded funds (ETFs) are baskets of securities that are traded on an exchange like individual stocks at negotiated prices and are not individually redeemable. ETFs are designed to generally track a market index and shares may trade at a premium or a discount to the net asset value of the underlying securities. Private equity investments provide investors and funds the potential to invest directly into private companies or participate in buyouts of public companies that result in a delisting of the public equity. Investors considering an investment in private equity must be fully aware that these investments are illiquid by nature, typically represent a long-term binding commitment and are not readily marketable. The valuation procedures for these holdings are often subjective in nature. Private debt investments may be either direct or indirect and are subject to significant risks, including the possibility of default, limited liquidity and the infrequent availability of independent credit ratings for private companies.

Structured products are subject to market risk and/or principal loss if sold prior to maturity or if the issuer defaults on the security. Investors should request and review copies of Structured Products Pricing Supplements and Prospectuses prior to approving or directing an investment in these securities.

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Mutual fund investing involves risk and principal loss is possible. Investing in certain funds involves special risks, such as those related to investments in small- and mid-capitalization stocks, foreign, debt and high-yield securities and funds that focus their investments in a particular industry. Please refer to the fund prospectus for additional details pertaining to these risks. An investment in money market funds is not insured or guaranteed by the Federal Deposit Insurance Corporation (FDIC) or any other government agency. Although these funds seek to preserve the value of an investment at $1.00 per share, it is possible to lose money by investing in these funds.Holdings of First American Funds: U.S. Bancorp Asset Management, Inc. is a registered investment advisor and subsidiary ofU.S. Bank National Association. U.S. Bank National Association is a separate entity and wholly owned subsidiary of U.S. Bancorp. U.S.

Bank is not responsible for and does not guarantee the products, performance or services of U.S. Bancorp Asset Management. U.S.Bancorp Asset Management, Inc. serves as an investment advisor to First American Funds. Holdings of Nuveen mutual funds:

Firstar Capital Corporation (Firstar Capital), an affiliate of U.S. Bancorp, holds a less-than-10 percent ownership interest in Windy City Investments Holdings, LLC which was formerly the parent of Windy City Investment Inc. and the indirect parent of Nuveen Fund Advisors, LLC which is the investment advisor to the Nuveen Mutual Funds. On October 1, 2014, Windy City Investments, Inc. was sold to Teachers Insurance and Annuity Association of America. As a result of the sale, U.S. Bancorp no longer has an indirect ownership interest in Nuveen Fund Advisors, LLC. Depending on the outcome of certain factors, Firstar Capital might in the future receive an earn-out payment in respect of its interest in Windy City Investment Holdings, LLC, under the terms of the sale. Nonproprietary mutual funds: U.S. Bank may enter into agreements with other non-proprietary mutual funds or their service providers whereby U.S. Bank provides shareholder services and/or sub-transfer agency, custodial and other administrative support services and receives compensation for these services. Compensation received by U.S. Bank directly or indirectly from mutual funds does not increase fund fees and expenses beyond what is disclosed in the fund prospectuses. For more information, review the fund prospectus.

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Definitions of report and statement terms (page 1 of 5) Accredited Investor: Private placement securities generally require that investors be accredited due to the additional risks and speculative nature of the securities. For natural persons, the criteria is met by a net worth of more than $1 million (excluding primary residence) or an income of more than $200,000 individually ($300,000 jointly) for the two most recent years and a reasonable expectation for the same in the current year. For other entities, such as corporations, partnerships, trusts and employee benefit plans, the criteria is met with at least $5 million in assets. See full definition in Rule 501 of Regulation D under the Securities Act of 1933.

Alpha: A measure of risk-adjusted performance. A statistic measuring that portion of a stock, fund or composite's total return attributable to specific or non-market risk. Alpha measures non-market return and indicates how much value has been added or lost.

A positive Alpha indicates the fund or composite has performed better than its Beta would predict (i.e., the manager has added value above the benchmark). A negative Alpha indicates a fund or composite has underperformed given the composite's Beta.Alternative Investments: As used by U.S. Bank, an investment considered to be outside of the traditional asset classes of long-only stocks, bonds and cash. Examples of alternative investments include hedge funds, private equity, options and financial derivatives.

Annualized Excess Return: Shows the difference between the annualized linked returns of a portfolio and the model benchmark. Performance reports provided annualize only periods greater than one year.Annualized or Annual Rate of Return: Represents the average annual change in the value of an investment over the periods indicated.Batting Average: Shows how consistently the portfolio return met or beat the market.Beta: A measure of your portfolio's risk relative to a benchmark. A portfolio with a beta of 1.5, for example, would be expected toreturn roughly 1.5 times the benchmark's return. A high Beta indicates a riskier portfolio.Bond Credit Rating: A grade given to bonds by a private independent rating service that indicates their credit quality. Ratings are the opinion of Standard & Poor's or other agencies as noted and not the opinion of U.S. Bank.Consumer Price Index (CPI): A measure of the average change in prices over time in a market basket of goods and services and is one of the most frequently used statistics for identifying periods of inflation and deflation.Convexity to Stated Maturity: A measure of the curvature in the relationship between bond prices and bond yields that demonstrates how the duration of a bond changes as the interest rate changes. Convexity is used as a risk-management tool and helps to measure and manage the amount of market risk to which a portfolio of bonds is exposed. This version of convexity measures the rate change in duration of a bond as the yield to (stated) maturity changes.

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Definitions of report and statement terms (page 2 of 5) Cost basis/book value: The original value of an asset at the time it was acquired. This is normally the purchase price or appraised value at the time of acquisition. This data is for information purposes only. Cumulative Excess Return: Shows the difference between the annualized linked returns of a portfolio and the model benchmark. Performance reports provided use unannualized returns in periods up to one year, but annualized returns for periods exceeding one year.Downside Capture: The downside capture ratio reflects how a portfolio compares to a benchmark during periods when the benchmark is down. A downside capture ratio of 0.80 (or 80 percent) means the portfolio has historically declined only80 percent as much as the benchmark during down markets.Downside Deviation: The deviation of returns that fall below a minimum acceptable return (MAR). Although the numerator includes only returns below the MAR, the denominator includes all returns in the performance period. This risk statistic is similar to the downside standard deviation except the sum is restricted to returns less than the MAR instead of the mean.Downside Standard Deviation: The deviation of returns that fall below the mean return. Although the numerator includes only returns below the mean, the denominator includes all returns in the performance period. This risk statistic is similar to the downside deviation except the sum is restricted to returns less than the mean instead of the minimum acceptable return (MAR).Effective Maturity: The date of a bond’s most likely redemption, given current market conditions, taking into consideration the optional and mandatory calls, the optional, mandatory and recurring puts, and the stated maturity.Estimated annual income: The amount of income a particular asset is anticipated to earn over the period indicted. The shares multiplied by the annual income rate. Gain/loss calculation: If an asset was sold, the difference between the proceeds received from the sale compared to the cost of acquiring the asset. If the value of the proceeds is the higher of the two numbers, then a gain was realized. If the value of the proceeds is the lower of the two numbers, a loss was incurred. This data is for information purposes only.Information Ratio: The information ratio compares the average excess return of the portfolio over its associated benchmark divided by the tracking error.M-Squared: The hypothetical return of the portfolio after its risk has been adjusted to match a benchmark.

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Definitions of report and statement terms (page 3 of 5) Market Value: Publicly traded assets are valued using market quotations or valuation methods from financial industry services believed by us to be reliable. Assets, that are not publicly traded, may be reflected at values from other external sources or special valuations prepared by us. Assets for which a current value is not available may be reflected as not valued, at par value, or at a nominal value. Values shown do not necessarily reflect prices at which assets could have been bought or sold. Values are updated based on internal policy and may be updated less frequently than statement generation. Market Value Over Time: Many factors can impact the portfolio value over time, such as contributions to the account, distributions from the account, the investment of dividends and interest, the deduction of fees and expenses, and market performance.Modified Duration to Effective Maturity: A formula that expresses the measurable change in the value of a security in response to a change in interest rates. This version of Modified Duration takes into consideration a “horizon date/price” that is, given current conditions, the most likely redemption date/price using the set of calls/puts, as well as stated maturity.Modified Duration to Stated Maturity: A formula that expresses the measurable change in the value of a security in response to a change in interest rates. This version of Modified Duration uses stated maturity as the “horizon date/price” and ignores any potential call/put/prerefunding, even if they are mandatory.Price/Earnings Ratio (P/E): The P/E ratio of a company is calculated by dividing the price of the company’s stock by its trailing 12-month earnings per share. A high P/E usually indicates that the market is paying a premium for current earnings because it believes in the firm’s ability to grow its earnings. A low P/E indicates the market has less confidence that the company’s earnings will increase. Within a portfolio, P/E is the weighted average of the price/earnings ratios of the stocks in the portfolio.Qualified Purchaser: Some private placement securities require that investors be Qualified Purchasers in addition to being Accredited Investors. For natural persons, the criteria is generally met when the client (individually or jointly) owns at least $5 million in investments. For other entities, such as corporations, partnerships, trusts and employee benefit plans, the criteria is met with at least $25 million in investments though there are other eligibility tests that may apply. See full definition in Section 2(a)(51) of the Investment Company Act of 1940.R-Squared: Measures the portion of the risk in your portfolio that can be attributed to the risk in the benchmark.Realized and Unrealized Gains/Losses: Are calculated for individual tax lots based on the records we have available. Some data may be incomplete or differ from what you are required to report on your tax return. Some data used in these calculations may have been obtained from outside sources and cannot be verified by U.S. Bank. The data is intended for informational purposes only and should not be used for tax reporting purposes. Please consult with your tax or legal advisor for questions concerning your personal tax or financial situation.

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Definitions of report and statement terms (page 4 of 5) Residual Risk: The amount of risk specific to the assets in a portfolio distinct from the market, represented by a benchmark.Return: An indication of the past performance of your portfolio.Sharpe Ratio: Measures of risk-adjusted return that calculates the return per unit of risk, where risk is the Standard Deviation of your portfolio. A high Sharpe ratio indicates that the portfolio is benefiting from taking risk.Sortino Ratio: Intended to differentiate between good and bad volatility. Similar to the Sharpe ratio, except it uses downside deviation forthe denominator instead of standard deviation, the use of which doesn't discriminate between up and down volatility.Spread: The difference between the yields of two bonds with differing credit ratings (most often, a corporate bond with a certain amount of risk is compared to a standard traditionally lower risk Treasury bond). The bond spread will show the additional yield that could be earned from a bond which has a higher risk.Standard Deviation: A measure of the volatility and risk of your portfolio. A low standard deviation indicates a portfolio with less volatile returns and therefore less inherent risk.Time-weighted Return: The method used to calculate performance. Time-weighted return calculates period by period returns that negates the effect of external cash flows. Returns for periods of greater than one year are reported as an annualized (annual) rate of return. Returns of less than one year are reported on a cumulative return basis. Cumulative return is the aggregate amount an investment has gained or lost over time, independent of the period involved.Tracking Error: A divergence between the price behavior of a position or a portfolio and the price behavior of a benchmark. This is often in the context of a hedge or mutual fund that did not work as effectively as intended, creating an unexpected profit or loss instead.Traditional Investments: As used by U.S. Bank, an investment made in equity, fixed income or cash securities, mutual funds or exchangetraded funds (ETFs) where the investor buys at a price with the goal that the investment will go up in value.Top 10 Holdings: The 10 assets with the highest market values in the account.Total Portfolio Gross of Fees: Represents all assets included in the calculation of the portfolio, before the deduction of trust and asset management fees, and is inclusive of all applicable third-party security fees and expenses. Details of those fees and expenses are provided in the security’s prospectus or offering documents.

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Definitions of report and statement terms (page 5 of 5) Total Return: The rate of return that includes the realized and unrealized gains and losses plus income for the measurement period.Treynor Ratio: Measures the performance of a sector relative to risk by dividing the return of the sector in excess of the risk-free return by the sector's Beta. The higher the Treynor ratio, the better the return relative to risk.Turnover Percent: Indicates how frequently asset are bought and sold within a portfolio.Turnover Ratio: The percentage of a mutual fund’s or other investment vehicle's holdings that have been "turned over" or replaced with other holdings in a given year. Unrealized gain (loss) — The difference between the current market value (at the end of the statement period) and the cost to acquire the asset. If the current market value is higher than the cost, a gain is reflected. If the current market value is lower than the cost paid, a loss is reflected. This data is for information purposes only.Upside Capture: The upside capture ratio reflects how a portfolio compares to the selected model benchmark during periods when the benchmark is up. An upside capture ratio of 1.15 (or 115 percent) means the portfolio has historically beat the benchmark by 15 percent during up markets.Yield: The annual rate of return on an investment, expressed as a percentage. For bonds, it is the coupon rate divided by the market price. For stocks, it is the annual dividend divided by the market price.

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Frequently used indexes (page 1 of 5)
Bloomberg Barclays 1-3 year U.S. Treasury Index: Measures the performance of the U.S. government bond market and includes public obligations of the U.S. Treasury with a maturity between one year and up to (but not including) three years.

Bloomberg Barclays 1-5 year U.S. Treasury Index: Includes all publicly issued, U.S. Treasury securities that have a remaining maturity of greater than or equal to one year and less than five years, are rated investment grade and have $250 million or more of outstanding face value.The Bloomberg Barclays 1-5 year Municipal Index: Measures the performance of municipal bonds with time to maturity of more than one year and less than five years. Bloomberg Barclays 7-year Municipal Index: Includes municipal bonds with a minimum credit rating of Baa that have been issued as part of a transaction of at least $50 million, have a maturity value of at least $5 million and a maturity range of four to six years.Bloomberg Barclays Global Aggregate Index ex-U.S. Index: Measure of global investment grade debt from 24 local currency markets. This multi-currency benchmark includes Treasury, government-related, corporate and securitized fixed-rate bonds from both developed and emerging markets issuers.Bloomberg Barclays Global Treasury ex-U.S. Index: Includes government bonds issued by investment-grade counties outside the United States, in local currencies, that have a remaining maturity of one year or more and are rated investment grade. Bloomberg Barclays High Yield Municipal Bond Index: An unmanaged index made up of bonds that are non-investment grade, unrated or below Ba1 bonds.Bloomberg Barclays Intermediate Aggregate Index: Consists of one- to 10-year governments, one- to 10-year corporate bonds, all mortgages and all asset-backed securities within the Aggregate Index.Bloomberg Barclays Mortgage-Backed Securities Index: Covers agency mortgage-backed pass-through securities (both fixed-rate and hybrid adjustable-rate mortgages) issued by Ginnie Mae (GNMA), Fannie Mae (FNMA), and Freddie Mac (FHLMC).Bloomberg Barclays U.S. Aggregate Bond Index: Measures the investment grade, U.S. dollar-denominated, fixed-rate taxable bond market, including Treasuries, government-related and corporate securities, mortgage-backed securities, asset-backed securities and commercial mortgage-backed securities. Bloomberg Barclays U.S. Corporate Bond Index: Measures the investment grade, fixed-rate, taxable corporate bond market and includes U.S. dollar-denominated securities publicly issued by U.S. and non-U.S. industrial, utility and financial issuers.

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Bloomberg Barclays U.S. Corporate High Yield Bond Index: Measures the U.S. dollar denominated, high yield, fixed-rate corporate bond market.Bloomberg Barclays U.S. Municipal Bond Index: Measures the investment grade, U.S. dollar-denominated, fixed tax-exempt bond market. The index includes state and local general obligation, revenue, insured and pre-refunded bonds.Bloomberg Barclays U.S. Treasury Index: Measures U.S. dollar-denominated, fixed-rate, nominal debt issued by the U.S. Treasury.Bloomberg Barclays U.S. Treasury Inflation-Protected Securities (TIPS) Index: An unmanaged index includes all publicly issued, U.S. TIPS that have at least one year remaining to maturity, are rated investment grade, and have $250 million or more of outstanding face value.

Cambridge U.S. Private Equity Index: This index is based on returns data compiled for U.S. private equity funds (including buyout, growth equity and mezzanine funds) that represent the majority of institutional capital raised by private equity partnerships formed since 1986. Returns may be delayed by up to six months. Quarterly performance is prorated based on the cube root for the months of the quarter. Citigroup 3-Month Treasury Bills: An unmanaged index and represents monthly return equivalents of yield averages of the last three-month Treasury Bill issues.Citigroup 6-Month Treasury Bills: An unmanaged index and represents monthly return equivalents of yield averages of the last six-month Treasury Bill issues.Credit Suisse Leverage Loan Index: Represents tradable, senior-secured, U.S. dollar-denominated non-investment grade loans.Dow Jones Industrial Average (DJIA): The price-weighted average of 30 significant U.S. stocks traded on the New York Stock Exchange and NASDAQ. The DJIA is the oldest and single most watched index in the world.Dow Jones Select REIT Index: Measures the performance of publicly traded REITs and REIT-like securities in the U.S. and is a proxy for direct real estate investment, in part by excluding companies whose performance may be driven by factors other than the value of real estate. HFRI Indices: The Hedge Fund Research, Inc. (HFRI) indexes are a series of benchmarks designed to reflect hedge fund industry performance by constructing composites of constituent funds, as reported by the hedge fund managers listed within the HFR Database.

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HFRI Equity Hedge Total Index: Uses the HFR (Hedge Fund Research) database and consists only of equity hedge funds with a minimum of $50 million assets under management or a 12-month track record and that reported assets in U.S. dollars. HFRI Relative Value Fixed Income Corporate Index: Uses the HFR (Hedge Fund Research) database and consists of only relative value fixed income corporate funds with a minimum of $50 million assets under management or a 12-month track record and that reported assets in U.S. dollars. ICE BofAML 1-3 Year Corporate Index: Tracks U.S. dollar-denominated investment grade public debt issued in the U.S. bond market with maturities of one to three years.ICE BofAML 1-5 Year Corporate and Government Index: Tracks the performance of short-term U.S. investment grade government and corporate securities with maturities between one and five years.ICE BofAML U.S. 7-10 Year Index: Tracks the performance of U.S. dollar denominated investment grade rated corporate debt publicly issued in the U.S. domestic market and includes all securities with a remaining term to maturity of greater than or equal to seven years and less than 10 years.ICE BofAML Global Broad Market Index: Tracks the performance of investment grade public debt issued in the major domestic and Eurobond markets, including global bonds.ICE BofAML U.S. High Yield Master II Index: Commonly used benchmark index for high yield corporate bonds and measures the broad high yield market. J.P. Morgan Emerging Markets Bond Index Global (EMBI Global): Tracks total returns for traded external debt instruments in the emerging markets.London Interbank Offered Rate (LIBOR) 3-months: The interest rate offered by a specific group of London banks for U.S. dollar deposits with a three-month maturity.London Interbank Offered Rate (LIBOR) 9-months: The interest rate offered by a specific group of London banks for U.S. dollar deposits with a nine-month maturity.MSCI All Country World Index (ACWI): Designed to measure the equity market performance of developed and emerging markets.

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Frequently used indexes (page 4 of 5)
Russell 2000 Value Index: Measures companies in the Russell 2000 Index having lower price-to-book ratios and lower forecasted growth values. The Russell 2000 Index includes the 2,000 firms from the Russell 3000 Index with the smallest market capitalizations.Russell 3000 Index: Measures the performance of the 3,000 largest U.S. securities based on total market capitalization.Russell Midcap Index: Measures the 800 smallest companies in the Russell 3000 Index.Russell Midcap Growth Index: Measures companies in the Russell Midcap Index having higher price-to-book ratios and higher forecasted growth values.Russell Midcap Value Index: Measures companies in the Russell Midcap Index having lower price-to-book ratios and lower forecasted growth values.MSCI All County World ex-U.S. Index (ACWI, excluding United States): Tracks the performance of stocks representing developed and emerging markets around the world that collectively comprise most foreign stock markets. U.S. stocks are excluded from the index.MSCI EAFE Index: Includes approximately 1,000 companies representing the stock markets of 21 countries in Europe, Australasia and the Far East.MSCI Emerging Markets (EM) Index: Designed to measure equity market performance in global emerging markets.

MSCI World Index: Tracks equity market performance of developed markets through individual country indices.NAREIT Index: Includes REITs (Real Estate Investment Trusts) listed on the New York Stock Exchange, NASDAQ and American Stock Exchange.NASDAQ Composite Index: A market capitalization-weighted average of roughly 5,000 stocks that are electronically traded in the NASDAQ market.NCREIF Property Index (NPI): Measures the investment performance of a very large pool of individual commercial real estate properties acquired in the private market for investment purposes only. Russell 1000 Index: Measures the performance of the 1,000 largest companies in the Russell 3000 Index and is representative of the U.S. large capitalization securities market.

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Frequently used indexes (page 5 of 5)
Russell 1000 Growth Index: Measures companies in the Russell 1000 Index with higher price-to-book ratios and higher forecasted growth values. It includes the largest 1,000 firms in the Russell 3000 Index.Russell 1000 Value Index: Measures companies in the Russell 1000 Index with lower price-to-book ratios and lower forecasted growth values. It includes the largest 1,000 firms in the Russell 3000 Index.Russell 2000 Index: Measures the performance of the 2,000 smallest companies in the Russell 3000 Index and is representative of the U.S. small capitalization securities market.Russell 2000 Growth Index: Measures companies in the Russell 2000 Index having higher price-to-book ratios and higher forecasted growth values. and is representative of U.S. securities exhibiting growth characteristics. The Russell 2000 Index includes the 2,000 firms from the Russell 3000 Index with the smallest market capitalizations.S&P 500 Index: Consists of 500 widely traded stocks that are considered to represent the performance of the U.S. stock market.S&P Global ex-U.S. Property Index: Measures the investable universe of publicly traded property companies domiciled in developed and emerging markets excluding the United States. The companies included are engaged in real estate related activities such as property ownership, management, development, rental and investment. S&P GSCI: A composite index of commodity sector returns, representing an unleveraged, long-only investment in commodity futures that is broadly diversified across the spectrum of commodities. S&P/Case-Shiller Home Price Indexes: A group of indexes that track changes in home prices throughout the United States. CaseShiller produces indexes representing certain metropolitan statistical areas (MSA) as well as a national index.

Swiss Re Global Cat Bond Total Return Index: Tracks the aggregate performance of all U.S. dollar-denominated euros and Japanese yen-denominated catastrophe bonds, capturing all ratings, perils and triggers.U.S. Dollar Index: Indicates the general international value of the U.S. dollar by averaging the exchange rates between the U.S. dollar and six major world currencies.Wilshire 5000 Index: Composed of more than 6,700 publicly-traded U.S. companies and is designed to track the overall performance of the American stock markets.

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10/3/22, 11:58 AM LAIF Regular Monthly Statement
https://laifms.treasurer.ca.gov/RegularStatement.aspx 1/1 Local Agency Investment Fund
P.O. Box 942809
Sacramento, CA 94209-0001
(916) 653-3001
October 03, 2022
LAIF Home
PMIA Average Monthly
Yields

CITY OF CUPERTINO

FINANCE MANAGER
10300 TORRE AVENUE
CUPERTINO, CA 95014
Account Number:

September 2022 Statement
Tran Type Definitions
Account Summary
Total Deposit 0 00 Beginning Balance 21,099,180 18
Total Withdrawal: 0.00 Ending Balance: 21,099,180.18
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CITY OF CUPERTINO
Agenda Item
22-11638 Agenda Date:
11/15/2022 Agenda #:

15. Subject: Consider Authorizing the City Manager to execute a First Amendment to Active Network, LLC., Product and Services Agreement, to renew Active Network Recreation Management Services Software Solution for $1,430,000, plus a contingency of $143,000, over five years for a total cost of $1,573,000
Authorize the City Manager to execute a First Amendment to Active Network, LLC., Product and Services Agreement, to renew Active Network Recreation Management Services Software Solution for $1,430,000, plus a contingency of $143,000, over five years for a total cost of $1,573,000 CITY OF CUPERTINO Page 1 of 1 Printed on 11/9/2022
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CITY COUNCIL STAFF REPORT
Meeting: November 15, 2022
Subject
Consider authorizing the City Manager to execute a First Amendment to Active Network, LLC., Product and Services Agreement, to renew Active Network Recreation Management Services Software Solutions for $1,430,000, plus a contingency of $143,000 over five years for a total cost of $1,573,000.

Recommended Action
Authorize the City Manager to execute a First Amendment to Active Network, LLC., Product and Services Agreement to renew Active Network Recreation Management Services Software Solutions for $1,430,000, plus a contingency of $143,000 over five years for a total cost of $1,573,000.

Background
Active Network Recreation Management Systems (Active Network) is a scalable cloud Software as Service (SaaS) solution that offers core Park and Recreation solution for activity registration, membership management, facility management, childcare management, point of sale and other services. Based in Dallas, Texas, Active Network is the largest global provider of integrated technology solutions for activity and participant management. The City of Cupertino has utilized Active Network for the last five years to improve efficiency and reduce the cost and complexity of managing activities, programs, and events.

There are a total of 1,250 agencies using Active Network. Agencies in Northern California that use Active Network solutions are:
• City of San Francisco
• East Bay Regional Park District
• City of Redwood City
• City of San Jose
• City of Sacramento
• Hayward Area Recreation and Park District
• City of Fremont
The City Council first approved a five-year agreement with Active Network in the amount of $1,058,754 on November 21, 2017, for Recreation Services Management System subscription (RSM) service.
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Over the past five years Cupertino has successfully utilized Active Network’s RSM solution. Active Network RSM fees are based on a transaction-based model, the City is responsible to pay for only what is used and are not tied to set licensing and maintenance fees. The transaction fees cover the full cost of software usage, including unlimited users, regular maintenance and upgrades, cloud hosting, and payment processing charges. This amount will vary based on transaction volume, payment types, and actual receipts.

Two additional Active Net products were added in FY21: Data Hub (provides enhanced reporting) and the Connect App (provides electronic self-check-in capability) for a total additional cost of $18,000/year.

The breakdown of revenue earned, and the amount paid to Active Network in fees over the past five years:

Year Revenue Paid Active Network
FY19 $3,868,424.97 $159,620.11
FY20 $4,076,111.56 $197,013.99
FY21 $3,006,325.65 $139,540.36
FY22 $4,901,675.49 $241,980.38 *
FY23 thru Oct 31, 2022 $2,053,854.41 $111,274.49 *
* Includes $18,000 for Data Hub and Connect App
Discussion
Staff are recommending extending the existing Active Net contract for 5 years to continue efficient uninterrupted operations for Cupertino’s Park and Recreation customers.

To replace the existing Active Net applications with either in-house developed solutions, or other vendor competing products would increase the cost (due to additional implementation and integration fees).

The projected annual cost for Active Net solutions over the next five years is $286,000 for a total cost of $1,573,000. This value is based on Active Net RSM revenue collected over the past twelve-month period plus the annual cost ($18,000) of Data Hub and Connect App. Additionally, staff is requesting a 10% contingency to cover anticipated growth of the Parks and Recreation program.

Sustainability Impact
Active Network software has reduced the volume of paper used for customer transactions, conserving natural resources, and reducing greenhouse gases generated during the production and disposal of paper. When possible, staff leverage the improved software to email receipts and permits. Additionally, in time, more customers are expected to complete permit requests online, further reducing vehicle travel and use of paper. Implementation of paperless office strategies like this one are prioritized in Cupertino’s Climate Action Plan (M-SW-1). 405
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Fiscal Impact
Existing Recreation Management Software System maintenance and SaaS subscription funding is allocated in the Innovation & Technology Department to fully fund the implementation and subscription cost of Active Network Recreation Management System as outlined in the recommended agreement. _____________________________________
Prepared by: Nidhi Mathur, Applications Manager
Reviewed by: Bill Mitchell, Chief Technology Officer
Approved for Submission by: Pamela Wu, City Manager
Attachments:

A – First Amendment to Active Network, LLC., Product and Services Agreement B – Proof of Insurance
C – Active Network, LLC., Product and Services Agreement D – Sole Source Letter
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ATTACHMENT B
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The ACORD name and logo are registered marks of ACORD

CERTIFICATE HOLDER
© 1988-2014 ACORD CORPORATION. All rights reserved.

ACORD 25 (2014/01)

AUTHORIZED REPRESENTATIVE

CANCELLATION

DATE (MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE
JECT LOC PRO- POLICY GEN'L AGGREGATE LIMIT APPLIES PER:

CLAIMS-MADE OCCUR

COMMERCIAL GENERAL LIABILITY
PREMISES (Ea occurrence) $ DAMAGE TO RENTED
EACH OCCURRENCE $
MED EXP (Any one person) $
PERSONAL & ADV INJURY $
GENERAL AGGREGATE $
PRODUCTS - COMP/OP AGG $
DED RETENTION $ CLAIMS-MADE OCCUR
$ AGGREGATE $ UMBRELLA LIAB EACH OCCURRENCE $ EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) INSR

LTR TYPE OF INSURANCE POLICY NUMBER

POLICY EFF
(MM/DD/YYYY) POLICY EXP(MM/DD/YYYY) LIMITS
PER

STATUTE OTH- ER
E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE
E.L. DISEASE - POLICY LIMIT
$
$
$

ANY PROPRIETOR/PARTNER/EXECUTIVE
If yes, describe under DESCRIPTION OF OPERATIONS below
(Mandatory in NH) OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY Y / N

AUTOMOBILE LIABILITY ANY AUTO

ALL OWNED SCHEDULED

HIRED AUTOS NON-OWNED

AUTOS AUTOS
AUTOS
COMBINED SINGLE LIMIT BODILY INJURY (Per person)
BODILY INJURY (Per accident) PROPERTY DAMAGE $$
$
$

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

INSD

ADDL WVDSUBR
N / A
$
$
(Ea accident)
(Per accident)
OTHER:

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

INSURED
PHONE
(A/C, No, Ext): PRODUCER
ADDRESS: E-MAIL
FAX
(A/C, No): CONTACT NAME:

NAIC #
INSURER A :

INSURER B :

INSURER C :

INSURER D :

INSURER E :

INSURER F :

INSURER(S) AFFORDING COVERAGE

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
3/29/2022
Marsh & McLennan Agency, LLC
2000 Brookstone Centre Pkwy
Suite 118
Columbus GA 31904
Connie Whitmer 706-324-6671 706-576-5607 [email protected] Federal Insurance Company A++ XV 20281 30GLOBALPAYM Great Northern Insurance Company A++ XV 20303 Active Network LLC
Attention: Devery Gauthier
3550 Lenox Road NE, Suite 3000
Atlanta GA 30326
ACE American Insurance Company A++ XV 22667 204066101
A X 1,000,000 X 1,000,000 10,000 1,000,000 2,000,000 X X36048071 4/1/2022 4/1/2023 1,000,000 Gen Agg Cap 100,000,000
B
1,000,000 X
X Hired Comp X Hired Coll
73614277 4/1/2022 4/1/2023
Hired Phy Dmg - ACV 1,000 Deds
A X 25,000,00079894591
25,000,000
4/1/2022 4/1/2023
C
A
71750292
71750293
4/1/2022
4/1/2022
4/1/2023
4/1/2023
X
1,000,000 1,000,000 1,000,000
City, its City Council, boards and commissions, officers, employees and volunteers as its interest may appear (GL) Additional Insured per form: 80-02-2367 Additional Insured Scheduled Person or Organization City of Cupertino
City Clerk
10300 Torre Ave
Cupertino CA 95014-3202 410
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$1M Holder Identifier : 7777777707070700077763616065553330762716446205457707453136762406210073750576057331030762514002076011307522415332274112075662735364763300772601557205675207344015750276112077727252025773110777777707000707007 6666666606060600062606466204446200602000426226022006022024042262220060200042622602200622200406004020206220206262062200062202062400420000620202624006000006000226242002622066646062240664440666666606000606006 Certificate No : 570090553711

CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY)
12/07/2021
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

PRODUCER
Aon Risk Services South, Inc.

Atlanta GA Office
3550 Lenox Road NE
Suite 1700
Atlanta GA 30326 USA
PHONE
(A/C. No. Ext):

E-MAIL
ADDRESS:

INSURER(S) AFFORDING COVERAGE NAIC #
(866) 283-7122
INSURED INSURER A: Greenwich Insurance Company 22322
INSURER B:

INSURER C:

INSURER D:

INSURER E:

INSURER F:

FAX
(A/C. No.): (800) 363-0105

CONTACT
NAME:

Active Network LLC
717 N Harwood Street
Suite 2700
Dallas TX 75201 USA
COVERAGES CERTIFICATE NUMBER: 570090553711 REVISION NUMBER:

POLICY EXP
(MM/DD/YYYY)

POLICY EFF
(MM/DD/YYYY)
SUBR
WVD
INSR
LTR

ADDL TYPE OF INSURANCE INSD POLICY NUMBER LIMITS

COMMERCIAL GENERAL LIABILITY

CLAIMS-MADE OCCUR

POLICY LOC

EACH OCCURRENCE

DAMAGE TO RENTED
PREMISES (Ea occurrence)
MED EXP (Any one person)

PERSONAL & ADV INJURY

GENERAL AGGREGATE

PRODUCTS - COMP/OP AGG
GEN'L AGGREGATE LIMIT APPLIES PER:

PROJECT
OTHER:

AUTOMOBILE LIABILITY

ANY AUTO
OWNED

AUTOS ONLY

SCHEDULED
AUTOS

HIRED AUTOS
ONLY

NON-OWNED

AUTOS ONLY
BODILY INJURY ( Per person)

PROPERTY DAMAGE
(Per accident)
BODILY INJURY (Per accident)

COMBINED SINGLE LIMIT
(Ea accident)

EXCESS LIAB
OCCUR

CLAIMS-MADE AGGREGATE

EACH OCCURRENCE
DED

UMBRELLA LIAB

RETENTION
E.L. DISEASE-EA EMPLOYEE
E.L. DISEASE-POLICY LIMIT
E.L. EACH ACCIDENT
OTHER

PER STATUTE
Y / N
(Mandatory in NH)

ANY PROPRIETOR / PARTNER / EXECUTIVE
OFFICER/MEMBER EXCLUDED? N / A

WORKERS COMPENSATION AND

EMPLOYERS' LIABILITY
If yes, describe under
DESCRIPTION OF OPERATIONS below
MTP904216901 12/01/2021 12/01/2022 Limit
Claims Made-include Cyber Retention $20,000,000
A E&O-MPL-Primary
SIR applies per policy terms & conditions
$10,000,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

CERTIFICATE HOLDER CANCELLATION
City of Cupertino AUTHORIZED REPRESENTATIVE
10300 Torre Avenue
Cupertino CA 95014-3202 USA
ACORD 25 (2016/03)
©1988-2015 ACORD CORPORATION. All rights reserved.

The ACORD name and logo are registered marks of ACORD

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE

EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

ATTACHMENT B
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Participating Insurers:

AGENCY CUSTOMER ID:

ADDITIONAL REMARKS SCHEDULE
LOC #:

ADDITIONAL REMARKS

THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance EFFECTIVE DATE:

CARRIER NAIC CODE

POLICY NUMBER

AGENCY NAMED INSURED
See Certificate Number:

See Certificate Number:

Aon Risk Services South, Inc.
570000075610
570090553711
570090553711
Page _ of _
Active Network LLC
Professional Services Liability and Technology Services / Privacy & Cyber Security Liability Program December 1, 2021 to December 1, 2022 Policy Term:

Primary $10M Layer :

Greenwich Insurance Company -
Policy No. MTP904216901 / NAIC # 22322
SIR applies per policy terms & conditions.
$12.5M excess of $10M Layer :

Lloyd's of London Syndicate 5383
Policy No. FSCEO2102312
ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved.

The ACORD name and logo are registered marks of ACORD 412 CC 11-15-2022
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Schedule of Named Insured Entities:

AGENCY CUSTOMER ID:

ADDITIONAL REMARKS SCHEDULE
LOC #:

ADDITIONAL REMARKS

THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance EFFECTIVE DATE:

CARRIER NAIC CODE

POLICY NUMBER

AGENCY NAMED INSURED
See Certificate Number:

See Certificate Number:

Schedule of Named Insured Entities:

OpenEdge Payments LLC
GP Finance, LLC
Global Payment Holding Company
Global Payment Systems LLC
Global Payments Acquisition Corporation 3, LLC
Global Payments Inc.

Global Payments Direct, Inc.

Greater Giving, Inc.

PayPros LLC
Storman Software, Inc.

Heartland Payment Systems, LLC
Heartland Acquisition, LLC
Debitek, Inc.

Educational Computer Systems, Inc.

Xenial, Inc.

Xpient, LLC
Heartland Payroll Solutions, Inc.

Payroll 1, Inc.

TouchNet Information Systems, Inc.

Active Network Ipico Holdings (US), LLC
Active Network IPICO (Us) Inc.

Active Network, LLC
Jumpforward LLC
Maximum Solutions, LLC

HK US LLC
VEPF IV AIV VII-C Corp.

Georgetown Merger Sub, Inc.

AdvancedMD, Inc.

Nuesoft Technologies Inc.

AllStar Billing Services, LLC
SICOM Systems, Inc.

Nextep Systems Inc.

Mobile Bytes LLC
3PointData, Inc.

Global Payments Americas Holding LLC
Total System Services LLC
Cayan Holdings LLC
Cayan LLC
Central Payment Co., LLC
Central Payment Deployment, Inc.

Columbus Depot Equipment Company (LLC)
Columbus Productions, Inc.

ProPay, Inc.

TransFirst Parent Corp.

TransFirst Group Inc.

TSYS Acquiring Solutions, LLC
TSYS Advisors, Inc.

TSYS Merchant Solutions, LLC
NetSpend Corporation
NetSpend Holdings, Inc.

Skylight Acquisition I, Inc.

Paylease Holdings, LLC
Paylease LLC
Zego, Inc.

MineralTree, Inc.

Global Payments Check Recovery Services, Inc.

Global Payments Check Services, LLC
Global Payments Gaming International, Inc.

Global Payments Gaming Services, Inc.

The ACORD name and logo are registered marks of ACORD
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PO 2018-00000479 ATTACHMENT C
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Named Insured: Active Network, LLC
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Phoenix Insurance Company 25623- 001
Travelers Property Casualty Company of Am 25674- 004
Liberty Insurance Corporation 42404- 001
Travelers Indemnity Co. of America 25666- 001
877- 945- 7378 888- 467- 2378
certificates@willis. com
Willis Insurance Services of Georgia, Inc.
c/ o 26 Century Blvd.

P. O. Box 305191
Nashville, TN 37230- 5191
Global Payments Inc.

Three Alliance Center
3550 Lenox Road NE, Suite 3000
Atlanta, GA 30326
X
X
1, 000, 000
1, 000, 000
10, 000
1, 000, 000
2, 000, 000
2, 000, 000
A HNGLSA- 158D7542- 17 6/ 1/ 2017 6/ 1/ 2018
X
X X
Coll Ded:
100X
Comp Ded:
500
1, 000, 000
X
B HOCAP- 158D7566- 17 6/ 1/ 2017 6/ 1/ 2018
X X
X 10, 000
5, 000, 000
5, 000, 000
C TH7- 651- 291357- 017 6/ 1/ 2017 6/ 1/ 2018
B HROUB- 118D8912- 17 6/ 1/ 2017 6/ 1/ 2018 X
1, 000, 000
1, 000, 000
1, 000, 000
ND HC2HUB- 2333L415- 17 6/ 1/ 2017 6/ 1/ 2018
Active Network, LLC
2018Page 1 of 1 01/ 09/
26041174
Evidence of Coverage Only
Coll: 5165292 Tpl: 2198406 Cert: 26041174

DATE ( MM/DD/YYYY)

PRODUCER

INSURED

INSR EXPTYPE ADDL SUBR POLICY EFF POLICY

LIMITSLTRINSD OF INSURANCE WVD ( POLICY NUMBER MM/DD/YYYY) ( MM/DD/YYYY)

COMMERCIAL GENERAL LIABILITY

AUTOMOBILE LIABILITY

UMBRELLA LIAB

EXCESS LIAB

WORKERS COMPENSATION
AND EMPLOYERS’ LIABILITY Y / N
N / A
Mandatory in NH)
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES ( ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

AUTHORIZED REPRESENTATIVE

CONTACT
NAME:

PHONE FAX
A/C, NO, EXT):( A/C, NO):

E- MAIL
ADDRESS:

INSURER( S)AFFORDING COVERAGE NAIC #
INSURER A:

INSURER B:

INSURER C:

INSURER D:

INSURER E:

INSURER F:

EACH OCCURRENCE

DAMAGE TO RENTED
CLAIMS- MADE OCCUR $ PREMISES ( Ea occurence)
MED EXP ( Any one person)$
PERSONAL & ADV INJURY $
GEN’ L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ PRODUCTS - COMP/ OP AGG $
PROPOLICY LOCJECT
OTHER:$

COMBINED SINGLE LIMIT
Ea accident)

ANY AUTO
OWNED

AUTOS ONLY
BODILY INJURY( Per person)$

SCHEDULED
AUTOS
HIRED

AUTOS ONLY
BODILY INJURY( Per accident)$

NON- OWNED

AUTOS ONLY
PROPERTY DAMAGE $(
Per accident)

OCCURRENCEOCCUREACH

CLAIMS- MADE AGGREGATE
DED $ RETENTION $
PER OTHSTATUTE ER
ANY PROPRIETOR/ PARTNER/ EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/ MEMBER EXCLUDED?
If yes, describe under
DESCRIPTION OF OPERATIONS below
E.L. DISEASE - EA EMPLOYEE $
E.L. DISEASE - POLICY LIMIT $

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement( s).

COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

CERTIFICATE HOLDER CANCELLATION
ACORD 25 (2016/03)
1988- 2015 ACORD CORPORATION. All rights reserved.

The ACORD name and logo are registered marks of ACORD

CERTIFICATE OF LIABILITY INSURANCE
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DocuSign Envelope ID: CEFB4709-D915-4AAB-99O2-A067F73205E1 TIVE
network.
5850 Granite Parkway, Suite 1200
Plano, TX 75024
T. 469.291.0300
www.ACTIVEnetwork.com
November 7, 2022
City of Cupertino
Attn: City Manager
10300 Torre Avenue
Cupertino, CA 95014
Dear Ms. Wu,
This letter confirms that Active Network, LLC ("Active") is the sole source vendor for Active's software product, ACTIVE Net. The ACTIVE Net product is only available through Active, and Active is the owner or authorized licensor of all of the proprietary rights contained in the ACTIVE Net product. Active does not market ACTIVE Net through any other companies, distribution channels, or consultants.

If you have any questions or require additional information, please feel free to contact me at any time at 214- 996-7813.

Best regards,
1��·st:�r
b�w�11ri134c9
Vice President, Sales
i:111d�'Yf;;;,W,"-· .. ,.-,ti?{.��

ATTACHMENT D
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CITY OF CUPERTINO
Agenda Item
22-11550 Agenda Date:
11/15/2022 Agenda #:

16. Subject: Consider adoption of a revised Cupertino Community Funding Grant Program Policy (continued on September 20, 2022)
Receive an update from the City Council subcommittee meetings for the Cupertino Community Funding Grant Program Policy and adopt a revised Cupertino Community Funding Grant Program Policy
CITY OF CUPERTINO Page 1 of 1 Printed on 11/10/2022
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CITY COUNCIL STAFF REPORT
Meeting: November 15, 2022
Subject
Consider adoption of a revised Cupertino Community Funding Grant Program Policy (continued on September 20, 2022)
Recommended Action
Receive an update from the City Council subcommittee meetings for the Cupertino Community Funding Grant Program Policy and adopt a revised Cupertino Community Funding Grant Program Policy.

Discussion
Background
On September 20, 2022, the City Council received an update regarding the Cupertino Community Funding Grant Policy (Attachment A) and directed the subcommittee to further develop the proposed policy with the Parks and Recreation Commission. On October 10 and October 17, 2022, the Community Funding Subcommittee comprised of Vice Mayor Chao, Councilmember Moore, Parks and Recreation Commission Chair Minna Xu, and Vice Chair Sashi Begur met to discuss changes to the Community Funding Grant Program Policy. Proposed changes to the policy are included in Attachment B and C. Specifically, the subcommittee recommended the following changes to be incorporated into the draft policy:

I. Eligibility:
 Verifying the organization applying is a 501(c)(3)
 Ensuring the funding is not going into an endowment fund II. Evaluation criteria:
 Removing cost information
 Lack of duplication in Cupertino
III. Restrictions/Guidelines:
 Removing “Proceeds from the funded activity may only be used for the conducted activity”
 Adding “Festivals currently receiving funding through Festival Fee Waivers may not apply for funding through the Community Funding Grant Process for the 434
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same festival”
 Confirming the admission to or participation in the event is free of charge IV. Parks and Recreation Commissioner Evaluation Form (Attachment D and E):
 Replace alignment with city missions and values to alignment with general plan principals
 Change Community Need max points to 15 and alignment with general plan principles max points to 20
If Council accepts the changes and adopts the proposed Community Funding Grant Policy, staff will update the eligibility requirements, evaluation criteria, and the City webpage.

Sustainability Impact
No sustainability impact.

Fiscal Impact
If City Council approves to continue allocating funding to the Cupertino Community Funding Grant Program, this will be included in the annual budget for FY 2023-24. ________________________________________________________ Prepared by: Rachelle Sander, Director of Parks and Recreation Reviewed by: Christopher Jensen, City Attorney
Approved for Submission by: Pamela Wu, City Manager
Attachments:

A – City Council September 20 Staff Report and Attachments B – Community Funding Grant Policy (Redlined)
C – Community Funding Grant Policy (Clean)
D – Parks and Recreation Commissioner Evaluation Form (Redlined) E - Parks and Recreation Commissioner Evaluation Form (Clean) 435
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CITY COUNCIL STAFF REPORT
Meeting: September 20, 2022
Subject
Update on the Status of the Research from the City Council Subcommittee Meetings for the Cupertino Community Funding Grant Program
Recommended Action
Receive an update on the status of the research from the City Council subcommittee meetings for the Cupertino Community Funding Grant Program and provide direction on next steps.

Discussion
Background
Through the Community Funding Grant Program, the City of Cupertino has been awarding funding to local non-profit organizations in the areas of social services, fine arts and other programs for the general public since 2013. Historically, City Council determined the organizations to be awarded funds through the Community Funding Grant Program. On June 5th, 2018, City Council directed City staff to update the policy and process in which community funding updates were shared with the Parks and Recreation Commission first before presenting recommendations from the commission to City Council.

The current Community Funding Grant Program process consists of a January to February application period. City staff then review the received applications for completeness and compliance eligibility. The applications are presented to the Parks and Recreation Commission in March and April, where commissioners can evaluate and discuss the applications, and make a recommendation to the City Council. City Council will consider the Community Funding Grant requests at their Budget Study Session in May and make the final decision on grant amounts for each applicant as part of the budget adoption which typically happens in June. After the final budget is adopted, City Staff coordinates funding agreements with the awarded organizations. On July 15 of the following year, grant recipients submit a written report to the Parks and Recreation Department to show proof grant funds have been spent in the manner and for the purposes stated on the application.
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The Community Funding Grant Policy (Attachment A) established a range of $70,000 to $90,000 in total available funding per year with awards not exceeding $20,000 per applicant, per year. For Fiscal Year 2022-2023, $69,461 was approved for the Community Funding Grant Program. Below is a breakdown of the City’s previously awarded funds through the Community Funding Grant Program:

FY 2017-2018: $52,400
FY 2018-2019: $52,400
FY 2019-2020: $109,800
FY 2020-2021: $110,000
FY 2021-2022: $115,900
FY 2022-2023: $69,461
At the June 4, 2021, City Council Special Meeting, Council voted to form a Council Subcommittee comprised of Vice Mayor Chao and Councilmember Moore to review the Community Funding Grant Program evaluation process and procedures for the upcoming funding cycle in the next calendar year. On March 9, 2022, City Staff met with the Council Subcommittee and was given guidance to research specific items and bring an update to City Council (Attachment B). Staff has prepared a historical funding report on the allocation of program funds during FY 2018-2023 (Attachment C & D), compiled a comparative analysis of other community funding programs within Santa Clara County (Attachment E), reviewed the General Plan Guiding Principles for additional eligibility criteria (Attachment F), categorized the most recent awarded recipients (Attachment G), and provided clarification on additional eligibility and evaluation criteria during the Community Funding Grant process.

To receive funding through the Community Funding Grant process, applicants need to meet the following eligibility criteria from the Policy:
- Be made or sponsored by a 501(c)(3) non- profit organization with experienced members capable of implementing and managing the program/project/event. - Identify how the funds will be used to benefit the Cupertino community. - Be awarded only once per project.
- For specific needs, not ongoing, operational costs.
- Have more than 75% of the requested funds allocated for direct service costs versus administrative costs.
- Be complete and submitted by the application deadline.

An option for eligibility criteria may be to require applicants to submit programs/projects/events that coincide with at least one of the General Plan Guiding Principles. It may also make the policy clearer to omit the most confusing eligibility criteria: Be awarded once per project.

Moving forward upon City Council direction, City Staff will update the Community 437
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Funding Grant Policy in addition to eligibility requirements, evaluation criteria, and the City webpage.

Sustainability Impact
No sustainability impact.

Fiscal Impact
If City Council approves to continue allocating funding to the Cupertino Community Funding Grant Program, this will be included in the annual budget for FY 2023-24. ________________________________________________________ Prepared by: Jacinta Liang, Management Analyst
Reviewed by: Rachelle Sander, Acting Director of Parks and Recreation Approved for Submission by: Pamela Wu, City Manager
Attachments:

A – Community Funding Grant Policy
B – Questions from Community Grant Subcommittee
C – Historical Funding Report (FY2018-2023)
D – Funding and Services Organizations Received (FY2018-2023) E – Comparative Analysis – Santa Clara County Community Grant Programs F – General Plan Guiding Principles
G – Community Funding Recipients by Proposed Categories (FY2021-2023) 438
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Fiscal Policies – Community Funding Grant Policy

PURPOSE
The City of Cupertino currently provides funding to local non-profit organizations in the areas of social services, fine arts and other programs for the general public. The policy provides a framework for the City's Community Funding Grant Program and guides the administration of the program and decision-making process. It also provides guidance on key aspects of the City's Community Funding Grant Program processes including: Eligibility, Evaluation Criteria, Restrictions/Guidelines, and Procedure.

SCOPE
All requests for funding must comply with this policy.

POLICY
The City has established the Community Funding Grant Program, subject to availability of funds, with a range of $70,000 to $90,000 in total funding available. Community Funding Grants shall not exceed $20,00 per applicant, per year. City Council will determine the organizations to be awarded funds through the Community Funding Grant Program. City Staff shall review applications for completeness and review the qualifications and accuracy based upon the eligibility criteria set forth below. In all cases, the City reserves the right to reject any and all applications in the event staff identifies a potential conflict of interest or the appearance of a conflict of interest. Submission of an application in no way obligates the City to award a grant and the City reserves the right to reject any or all applications, for any reason, at any time.

Eligibility
To receive consideration for a Community Funding Grant, grant requests must:
• Be made or sponsored by a 501(c)(3) non-profit organization with experienced members capable of implementing and managing the program/project/event. • Identify how the funds will be used to benefit the Cupertino community. • Be awarded only once per project
• For specific needs, not ongoing, operational costs.
• Have more than 75% of the requested funds allocated for direct service costs versus administrative costs.
• Be complete and submitted by the application deadline.

Evaluation Criteria
• Impact on and benefit to the Cupertino community
• Community need for the program/project/event
• Alignment with City mission and values
• Uniqueness of the program/project/event
• Qualifications and experience of the organization and its members • Reasonable cost
• Demonstrated effort to secure funding from other sources and/or establishing 439 CC 11-15-2022
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partnerships with other community or city organizations • Clarity, completeness, and accuracy of grant application • Past performance and compliance with requirements if a recurring applicant Applications will be sorted into two categories:
• New applicants
• Past recipients
Applications in each category will be evaluated using a tiered structure based on the dollar amount requested for award as follows:
• < $999.99
• $1,000.00 - $4,999.99
• $5,000.00 – $9,999.99
• $10,000.00 - $20,000.00
Restrictions/Guidelines
• An organization that is applying for multiple grants shall only submit one application. • Proceeds generated from the funded activity may only be used for the conducted activity. • If requested, recipients must provide full financial statements for the organization. • Admission to or participation in the event must be "free of charge" for Cupertino residents unless stated in the application and approved by Parks & Recreation Commission.
• If an applicant makes a grant request directly to a member of the City Council, whether individually or as a group, the Council shall refer the applicant to the Parks and Recreation Department for a Grant application to be reviewed in accordance with this policy.
• Grantrecipients shall acknowledge the City contribution in formal promotional materials and efforts related to the funded activity. Any use of the City logo must be approved by the City’s Communications Officer.

Procedure

1. Applicants submit timely and complete grant applications by February 1.

2. City Staff reviews application for completeness and compliance eligibility.

3. Applications will then be forwarded to the Parks and Recreation Commission to be evaluated and sorted into the tiered funding structure. All applicants will be notified and invited to attend the Parks and Recreation Commission Meeting where their applications will be discussed. This meeting typically takes place in Spring.

4. City Council will make the final decision on grant amounts for each applicant as part of the budget adoption which typically happens in June. All applicants will be notified and invited to attend the City Council Meeting where their applications will be discussed.

5. Grant recipients shall submit a written report to the Parks and Recreation Department to show proof that the grant funds have been spent in the manner and for the purposes stated on the application, including information about the number of persons servedand 440 CC 11-15-2022
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other results that benefit Cupertino.
o Due by the 15th business day of July following the Fiscal Year in which grant funds are disbursed.
o Failure to submit a written report by the July deadline could result in the loss of grant funding eligibility in the future.
o Applicants will be expected to reimburse the City any funding awarded and not used for their program/project/event.
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From: Kitty Moore <[email protected]>
Sent: Wednesday, March 9, 2022 5:27 PM
To: Joanne Magrini <[email protected]>; Rachelle Sander <[email protected]> Cc: Liang Chao <[email protected]>
Subject: Community Grant Subcommittee
Hi Joanne and Rachelle,
Thank you for the meeting today and thank you so much for working on this! Here is a brief summary of thoughts/requests:
• Please provide a comparison of what surrounding cities do for their grant programs o looking at Sunnyvale, they have a Community Events Grant Program, which provides some policy in the title: it is for events, so we may want to stick to events specifically (as opposed to maintenance/improvements of Deer Hollow Farm, which is not an event) o website: https://sunnyvale.ca.gov/services/customers/affordability/citygrants.htm o Please also look at Saratoga for ideashttps://www.saratoga.ca.us/301/Community-EventGrants ▪ they appear to have some accounting requirements, do we have these? ▪ they have a separate street closure grant which sounds interesting ▪ their eligibility criteria may have some parts to draw upon as well • possibly categorize the most recent types of events/projects with some attributes such as ages, location, food, art, music etc. whatever categories make sense • using the General Plan Guiding Principles in the GP Introduction as the basis for what kinds of projects (very generally, but ensure that is the basis of selection) • Please edit the evaluation criteria further to explain what each criteria ultimately would mean in the evaluation (is less expensive good or not or is there more to this question?) • How much is the cap of the entire program?
• How much is the per project/event cap?
• How much of an event is covered by the city (a percent, like Sunnyvale)? • What funding have Chamber, Rotary, and WVCS received in total. Chamber has the $8k 2x/yr plus use of Community Hall (free or not?), for example
• State (if this is not already on your website) that there will be an MOU and follow-up evaluation metrics for success of the grant, to evaluate outcomes
• possibly state that the eligibility requirements are coming to Parks and Rec/Council prior to awarding of this year's grants as a policy resolution? Or have this be a subcommittee recommendation to the Council?
Community Event Grants | Saratoga, CA
The City of Saratoga recognizes the value of community
events and their role in bringing residents together, building community, and establishing an identity for the City.
www.saratoga.ca.us
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Sunnyvale, CA - City Grants and Loans
Community Grants. The City awards up to $34,000 each year for the Community Events and Neighborhood Grant program. Grant purpose: Events and projects taking place between Jan. 1 and Dec. 31, 2023 Grant status: Closed. Opens September 2022
sunnyvale.ca.gov
Sincerely,
Kitty Moore
Kitty Moore
Councilmember
City Council
[email protected]
(408) 777-1389
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Organization FY 17-18 FY 18-19 FY 19-20 FY20-21 FY 21-22 FY 22-23 Total Funding Received
Friends of Deer Hollow Farm $ 15,000 $ 15,000 $ 15,000 $ 15,000 $ 7,000 - $ 67,000 Cupertino Rotary $ 12,000 $ 12,000 $ 12,000 $ 12,000 $ 12,000 - $ 60,000 Euphrat Museum of Art $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 15,000 - $ 55,000 Cupertino Historical Society $ 15,000 $ 15,000 $ 20,000 $ 20,000 $ 20,000 - $ 90,000 Iranian Federated Women's Club $ 400 $ 400 - - - - $ 800 Bay Area Chrysanthemum Show - - $ 1,300 - - - $ 1,300
Cupertino Symphonic Band - - $ 2,000 - - - $ 2,000
Santa Clara Valley Audubon Society - - $ 10,000 $ 7,500 $ 8,500 - $ 26,000 Cupertino DeAnza Lion's Charities - - $ 10,000 - - - $ 10,000 Heart of the Valley - - $ 7,000 - - $ 6,161 $ 13,161
West Valley Community Services - - $ 20,000 $ 20,000 $ 10,000 $ 10,000 $ 60,000 Breathe CA - - $ 2,500 $ 4,000 - $ 4,000 $ 10,500
Elevate the Future - - - $ 3,000 - - $ 3,000
Chinese American Coalition for Compassionate Care - - - $ 6,000 $ 12,000 $ 13,000 $ 31,000 Bhubaneswar Sister City - - - $ 7,500 - - $ 7,500
Silicon Valley Jewish Film Festival - - - $ 5,000 - - $ 5,000 Cupertino Library Foundation - - - - $ 15,000 - $ 15,000 Buddhist Tzu Chi Medical Foundation - - - - $ 7,400 $ 8,300 $ 15,700 Valkyrie Robotics - - - - $ 3,000 - $ 3,000
Tian Hong Foundation - - - - $ 3,000 - $ 3,000
Monta Vista High School Music Boosters - - - - $ 3,000 - $ 3,000 Women SV - - - - - $ 20,000 $ 20,000
American Cancer Society - - - - - $ 6,000 $ 6,000
Omniware Networks - - - - - $ 2,000 $ 2,000
Total $ 52,400 $ 52,400 $ 109,800 $ 110,000 $ 115,900 $ 69,461 $ 509,961 Community Funding Historical Funding Report
Fiscal Year 2018-2023
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Funding and Services Organizations Received from the City Fiscal Year 2018-2023
Cupertino Chamber of Commerce FY 2017-2018 FY 2018-2019 FY 2019-2020 FY 2020-2021 FY 2021-2022 FY 2022-2023** Total Received Budget
Contract Agreement ($8,000 2x per year) $ 16,000.00 $ 16,000.00 $ 16,000.00 $ 16,000.00 $ 8,000.00 $ - $ 72,000.00 Rooms
LAC Meetings (Generally First Fridays) 10 bookings 11 bookings 8 bookings None None None 29 bookings Festival Fee Waivers
Diwali $ 14,188.00 $ 16,414.00 $ 14,161.00 $ 16,602.00 $ 16,803.00 $ 13,764.00 $ 91,932.00 Holi $ 2,791.00 $ 4,791.00 $ 5,106.00 $ 6,021.00 $ 6,104.00 $ 5,557.00 $ 30,370.00 Night Market $ - $ - $ - $ 15,099.00 $ 9,545.00 $ - $ 24,644.00 Rotary Club of Cupertino FY 2017-2018 FY 2018-2019 FY 2019-2020 FY 2020-2021 FY 2021-2022 FY 2022-2023** Total Received Budget
Community Grant Funding $ 12,000.00 $ 12,000.00 $ 12,000.00 $ 12,000.00 $ 12,000.00 $ - $ 60,000.00 Festival Fee Waivers
Fall Festival $ 14,277.00 $ 15,599.00 $ 16,943.00 $ 16,931.00 $ 17,323.00 $ 16,798.00 $ 97,871.00 West Valley Community Services FY 2017-2018 FY 2018-2019 FY 2019-2020 FY 2020-2021 FY 2021-2022 FY 2022-2023** Total Received Budget
Community Grant Funding $ - $ - $ 25,000.00 $ 20,000.00 $ 10,000.00 $ 10,000.00 $ 65,000.00 CDBG Capital Housing Grant* $ 165,716.20 $ 176,201.24 $ 43,310.00 $ 174,850.40 $ 222,971.41 $ - $ 783,049.25 CDBG Public Service Grant* $ 32,488.00 $ 34,999.62 $ 35,646.16 $ 38,460.07 $ 31,117.81 $ 38,054.69 $ 210,766.35 General Fund Human Services Grant $ - $ 40,000.00 $ 39,999.87 $ 65,780.00 $ 65,765.84 $ 65,780.00 $ 277,325.71 CWP Homeless Job Program $ - $ - $ - $ - $ 97,016.09 $ 200,000.00 $ 297,016.09 BMR Affordable Housing Fund Capital Housing Grant $ 122,264.84 $ 79,986.13 $ - $ - $ - $ - $ 202,250.97 *Community Development Block Grant (CDBG) federal funds are provided by the US Dept of Housing and Urban Development. **Fiscal Year 2022-2023 displays the amounts approved and not the actual amounts distributed. 445
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City Cupertino Campbell Los Gatos Mountain View Santa Clara San Jose Saratoga Sunnyvale Policy Name Community Funding Grant Policy Social Service Subgrants Community Grants Community for All Grant *One-Time Program for FY 2018-2019 Community Grant Policy Festival, Parade & Celebration Grants Community Event Grants Community Events Grant Program Purpose
Provides funding to local non-profit organizations in the areas of social services, fine arts and other programs for the general public. The policy provides a framework for the City's Community Funding Grant Program and guides the administration of the program and decision-making process. It also provides guidance on key aspects of the City's Community Funding Grant Program processes including: Eligibility, Evaluation Criteria,
Restrictions/Guidelines, and Procedure.

Provides grant funds to support community agencies that offer programs to serve Campbell residents. The
programs fulfill a critical need that is not already
provided by the City through an existing program or
service. The Social Service Subgrant program provides
funding for two years and applicants must specify the
requested funding per year in their application.

Provides grants of Town general fund monies to projects and organizations that directly benefit the community
and residents of Los Gatos.

As part of the City Council Major Goals, the Council
adopted a goal that affirms Mountain View’s
commitment to protecting vulnerable populations and
preserving the socioeconomic and cultural diversity of
Mountain View. Known as “Community for All,” the goal
supports efforts to fund and/or improve awareness of,
and access to, information and referral resources for
immigrants; particularly for mixed-status families.

To establish a standardized process to award grants to
qualifying nonprofit community organizations, youth
athletic groups or organizations, educational groups or organizations, or individuals, for events, activities, and competitions that provide a public benefit for the City of Santa Clara and its residents.

Provides a limited number of Festival, Parade &
Celebration Grant (FPC) awards each year in order to:
- Expand access for all City residents to a wide range of cultural experiences in the form of community festivals, parades and celebrations;
- Enhance San Jose’s overall cultural environment;
- Support San Jose’s economic vitality; and
- Increase the City’s visibility and reputation as a
desirable destination for visitors.

Program gives local event organizers the opportunity to seek funding for their community events and focuses in
bringing residents together, building community, and
establishing an identity for the City.

Program was created to support and encourage groups
to build community and celebrate our unique culture by
holding community events in Sunnyvale.

Elgibility
Eligibility:
- Be made or sponsored by a 501(c)(3) non-profit organization with experienced members capable of implementing and
managing the program/project/event.
- Identify how the funds will be used to benefit the Cupertino community.
- Be awarded only once per project
- For specific needs, not ongoing, operational costs.
- Have more than 75% of the requested funds allocated for direct service costs versus administrative costs.
- Be complete and submitted by the application deadline.

Eligibility:
- Program demonstrates the community need or problem
to be addressed by the proposed project.
- Program serves and benefits Campbell residents.
- Program serves an at-risk population.
- Program does not duplicate a service already provided by the City.
- Program shows a positive and measurable impact for
the community.

Eligibility:
- Applicants must be incorporated as a 501c3 nonprofit
organization
- For community non-profit organizations to propose onetime funding for projects or services that have a direct impact on post-pandemic recovery and/or a need created
as a result of the COVID-19 pandemic
- Limit of one community grant proposal per
agency/organization. Priority will be given to
organizations that do not receive Town funding through
other means
- Proposal must directly benefit Los Gatos residents or the general community of Los Gatos
- Applicants must be in compliance with all applicable
local, state, and federal laws and non-discrimination
requirements
Eligibility:
- Nonprofit 501(c)(3) organization, including faith-based organizations, that serves Mountain View residents; or
- Community-based organization or association in
partnership with a 501(c)(3) fiscal sponsorship that serves Mountain View residents.

The grant-funded project, program, or event must take
place during the 2019 calendar year in the City of
Mountain View and serve Mountain View residents; and
Grant recipients are responsible for the implementation of the project, program, or event and must have the
authority and capacity to complete the funded activity.

Eligibility:
- Provides a benefit to Santa Clara residents
- If the grant is for an event, then the event will be open to the general public and does not discriminate on the
basis of race, gender, religion, sexual orientation, or any other protected characteristic under state or federal law - Aligns with established Council goals
- Grant funds will not be used for political or religious purposes
- If the event or activity is a fundraising event, that the proceeds from the fundraising activity will support
programs, services or events for residents of the City of Santa Clara
Eligibility:
- Designated as a 501(c) not-for-profit public benefit
corporation in good standing;
- One year history of events programming in San Jose at the time of application;
- Organization’s event takes place during July 1, 2022 – June 30, 2023 in the city of San Jose and has cash
expenses of at least $5,000;
- Organization’s event is not conducted primarily as a
fundraiser and is not intended to convey a religious
message nor advocate a political position; and
- Organization a) is not a division/department within the City of San Jose; and b) will not fund the event with a take pART Grant from the City of San Jose.

Eligibility:
- Event is located in Saratoga
- Event is free and open to the public
- Event is volunteer-led
- Event concentrates on Saratoga’s character, diversity, or history
- Event celebrates the community, not limited to a small group (such as a reunion)
- $1 million liability coverage for event is required
Eligibility:
- The sponsoring organizations must be nonprofit or notfor-profit. Applicants must attach a copy of nonprofit documentation if the organization has such
documentation.
- All proposed events must: be held within Sunnyvale City limits, be of a citywide nature, serve the greater
community, be free and open to the public, and occur
between January 1 and December 31, 2022. Note:
priority may be given to events that demonstrate
capacity to serve at least 500 people.
- The event should encourage celebrations of community
which focus on the character, diversity and quality of
Sunnyvale and provide vitality and identity to the
community.
- Priority will be given to encourage new event
applications as well as supporting existing events that have been highly successful in the past, subject to other grant criteria.
-Community event grant funding from the City will
represent no more than 40 percent of the total event
budget, including the value of in-kind goods and services but excluding the value of volunteer time.

Evaluation Criteria
Criteria:
- Impact on and benefit to the Cupertino community
- Community need for the program/project/event
- Alignment with City mission and values
- Uniqueness of the program/project/event
- Qualifications and experience of the organization and its members
- Reasonable cost
- Demonstrated effort to secure funding from other sources and/or establishing partnerships with other community or city organizations
- Clarity, completeness, and accuracy of grant application - Past performance and compliance with requirements if a recurring applicant
- Applications will be sorted into two categories (New applicant and Past recipients)
- Applications in each category will be evaluated using a tiered structure based on the dollar amount requested for award as follows:
< $999.99
$1,000.00 - $4,999.99
$5,000.00 – $9,999.99
$10,000.00 - $20,000.00
N/A Criteria:

Applications will be ranked and evaluated based on the
scoring rubric.

Grant Scoring Rubric - Scored on a scale (exemplary,
good, neds improvement, and evidence not
demonstrated/disqualifying if recieved in any one
category). Criteria Categories include:
- Post-pandemic recovery or need related to COVID-19
pandemic
- Community Impact
- Organizational Background
- Approach
- Budget Analysis
- Feasibility
- Assessment/Evaluation
Criteria:

Applications will be evaluated according to the following criteria:

Project Impact:
- Information and Referral: How does the project,
program, or event provide access to information or
referral services for immigrant communities?
- Benefit: How many people and/or which populations
are expected to benefit from the project or event? Does the project fill a gap in services or address an identified need?
- Diversity: Does the project or event help to preserve the socioeconomic and cultural diversity of the Mountain
View community?
- Number of Mountain View residents served.

Project/Event Design: Is the project or event well planned and conceptualized? Is there a high likelihood of success? Does the applicant have experience in providing similar projects?
Values: Does the project demonstrate close alignment to City values of respect, inclusivity, and preserving cultural diversity?
Criteria:
- Applicants submit timely and complete grant
applications to the City Manager’s Office for review
- City Manager’s Office reviews application for
compliance with eligibility criteria and availability of funds. City Manager may seek additional information
from applicant as necessary.
- If an application is approved by the City Manager’s
Office, then the approved application marked accordingly shall be transmitted to the applicant with additional
instructions, if any.
- If an application is not approved by the City Manager’s Office, the City Manager shall notify the applicant in
writing.

Criteria:

Applications will be evaluated according to the following criteria, in the context of the applicant’s overall goals and the purpose and goals of Festival, Parade and Celebration Grants Program:
- Event narrative & cultural, historical and/or
neighborhood significance 30%
- Communications (marketing and outreach) and
attendance 30%
- Financial and budgetary capabilities/leveraging of City funding 20%
- Ability to produce a well-planned and safe event 10%
- Economic impact 10%
Rating System: 10- point scale - An application must
receive an overall score of at least 75 points in order for the panel to consider it for funding. However, achieving a score of at least 75 points does not guarantee that the Panel will recommend an application for funding, as
funds may not be sufficient to recommend a grant for all applicants that score above the minimum threshold.

N/A Criiteria:

The CENGP Subcommittee will review each application
and may choose to contact the applicant for more
information or clarification regarding the details of the application during the review period and/or request an
interview with any applicant. City Council will make final funding decisions by January 2022 and grant applicants
will be notified, in writing within 10 days.

Fundraiser events are not eligible for grant funding. A “fundraiser” is defined as any event that solicits funds from attendees either through direct ticket sales or
asking for a donation. Events that are free and open to the public that include passive, purely optional
opportunities for donations to other community
nonprofit organizations, such as canned food or school
supply drives or voluntary donation jars on exhibitor
tables, are not considered fundraisers. Under no
circumstances shall event sponsors, partners or
participants seek funds in the form of raffle tickets, silent auction bids or items of similar intent.

Restrictions and
Guidelines
Guidelines:
- An organization that is applying for multiple grants shall only submit one application.
- Proceeds generated from the funded activity may only be used for the conducted activity.
- If requested, recipients must provide full financial statements for the organization.
- Admission to or participation in the event must be "free of charge" for Cupertino residents unless stated in the application and approved by Parks & Recreation Commission.
- If an applicant makes a grant request directly to a member of the City Council, whether individually or as a group, the Council shall refer the applicant to the Parks and Recreation Department for a Grant application to be reviewed in accordance with this policy.
- Grant recipients shall acknowledge the City contribution in formal promotional materials and efforts related to the funded activity. Any use of the City logo must be approved by the City’s Communications Officer.

Guidelines:

The Civic Improvement Commission (CIC) is responsbile
for making recommendations to Council on allocating the City's Social Service Subgrant funds.
- The CIC will manage the Social Services Subgrant
allocation based on the budget approved by City Council. - During the two-year funding cycle the City reserves the right to reduce funding levels should the City’s operating budget be constrained.
- Performance Reports are required annually and
reviewed by the Commission.

Guidelines:

Application does not commit the Town to award a
contract, pay any costs incurred in the preparation of the application, or procure or contract for services or
supplies. The Town reserves the right to accept or reject an or all applications received, to negotiate with all
qualified applicants, or to cancel in part or in its entirety the community grant program if it is in the best interest of the Town. The Town may also negotiate with qualified agencies to meet community need.

Guidelines:

Grant proposals need to demonstrate a focus on one or
more of the following areas:
- Improving awareness of, and access to, information and referral resources for immigrant communities.
- Building community and helping to create an inclusive and welcoming environment for immigrant communities.

The Community for All Grant will not fund:
- Political and organization fundraising campaigns
- Lobbying efforts
- Marketing of products or technologies
- Costs for preparing or submitting a grant application - Endowment campaigns
- Alcoholic beverages
All groups or organizations receiving Community for All grants will be required to enter into an agreement with the City of Mountain View concerning the use of grant
funds and term of grant funding.

Guidelines:
- If the applicant has received a grant for an
event/activity other than competition attendance, then
applicant shall submit proof that the grant funds have
been spent in the manner and for the purposes stated on the application within thirty (30) days after the
event/activity.
- If the applicant has received a grant for competition attendance, then proof of all allowable expenses actually incurred, as well as allocation of grant funds, shall be submitted to the City Manager’s Office by the applicant within thirty (30) days after the competition.
- If an applicant makes a grant request directly to a
member of the City Council, whether individually or as a group, the Council shall refer the applicant to the City Manager’s Office for application and review in
accordance with this policy.
- Staff shall report any distributions in accordance with applicable tax law.

Guidelines:

Grant awards are intended to serve as partial support for events. Grant requests:
- Must not exceed 50 percent of the proposed event’s
expenses and, due to limited funds, grant awards will
usually be significantly less.
- Must be a minimum of $2,500, which means that an
event must have expenses of at least $5,000 to be
eligible.
- Must be between $2,500 and $5,000 if the proposed
event has not been produced in the last five years.

Grant funds must be used for event-related expenses only and not for a previous year's operating deficit,
administrative costs, or other organizational costs
unrelated to production of the event or for any capital equipment purchases. No part of the grant shall be used to promote or inhibit religion nor for any political
advocacy.

Guidelines:

Grant funding may be used for:
- City-related fees (such as park rental or permit costs) - Contract services
- Event materials
- Permits
- Supplies
- Grants are issued upon a reimbursement basis. Funding sources in addition to the grant are encouraged.

Insurance Coverage
- All event organizers who receive funding through the
Community Event Grant Program must obtain event
liability insurance coverage in the amount of at least $1 million. The insurance coverage will name the City of
Saratoga, its officers, officials, employees, agents and volunteers as additional insured. Event organizers must provide a "Certificate of Insurance" with "Additional
Insured Endorsement" to the City prior to holding the
event.

Guidelines:
- Funds may be granted to religious organizations if the funds are not used for a religious purpose including for the promotion of any sect, church, creed, or sectarian
organization, nor to conduct any religious service or
ceremony. This eligibility criterion is an attempt to
preserve separation of church and state while still
allowing religious organizations to be eligible for grant funds.
- Organizations that are collaborating with the City in cosponsoring an event are eligible to apply for grant funding, however, grant funds can only be used to defray expenses incurred by the co-sponsoring organization(s)
rather than the City.
- Grants will not be awarded to organizations owing a
debt to the City.
- Grants will not be awarded to individuals.
- The sponsoring organization must demonstrate the
ability to produce a well-planned, safe event and
demonstrate strong financial management and effective
management controls, including cost-effectiveness.
- Organizations must be able to communicate the public
purpose of their proposed event or service. Some factors that demonstrate the purpose of your event may include:

Whether the proposed project/service compliments or
enhances a service that the City also provides, When
there is an identifiable secondary, or indirect, benefit to h Ci Wh h i i id i h
Funds Available
Total: $70,000 - $90,000
Grant shall not exceed $20,000 per applicant, per year
N/A Total: $80,000
Grant shall not exeed $10,000 each
Total: $60,000
Grant shall not exceed $10,000 each
Grant shall not exceed $10,000 each Up to 50% of total event expenses Grants shall not exceed $2,000 per event Total: $34,000 Up to 40% of total event expenses
Funding (Provided
Upfront or
Reimbursement)
Upfront N/A N/A Reimbursed N/A N/A Reimbursed Reimbursed Community Grant Policies in Santa Clara County
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Notes/Comments
Applications are due by February 1.
- Applicants will be expected to reimburse the City any funding awarded and not used for their program/project/event.

Applications open for two Fiscal Years/Funding Cycles at a time
Applications are reviewed by the City Manager’s Office
staff for completeness and conformance to guidelines
and will present recommendations to the Human
Relations Commission. The Human Relations Commission
will evaluate grant requests and make funding
recommendations to the Mountain View City Council for
approval. The City Council will have the sole discretion to approve or not approve grant awards.

If the activity being funded is individual or group
attendance at a youth competition or performance, then
the applicant must demonstrate that the activity being
funded by the City’s grant will satisfy all of the following criteria:
- Funding the activity provides a benefit to Santa Clara residents, students or schools
- Contributes positively to the recognition and image of the City of Santa Clara
- Aligns with established Council goals
- Grant funds will not be used for political or religious purposes
- The grant funds requested will only be used for a
specific state, national, or international title or
performance
- The grant funds requested do not exceed 20% of the
allowable expenses (registration, hotel, transportation, and food) and comport with the other requirements
stated in the application
- Individuals, teams or groups should either be from
Santa Clara schools or have at least 50% of the students from the teams or groups be residents in the City of Santa Clara
- The student-to-coach/chaperone ratio is six students to one coach/chaperone
City Council also sets aside funding to help a local
organization pay for the cost of closing down Big Basin Way for a community event. This Street Closure Grant is separate from the Community Event Grant and is
awarded to only one organization.

Grant recipients must attempt to expend all grant
funding within City limits. Grant funds must be used only for the event applied for, but may be used for any costs, including costs payable to the City. The City will not waive any fees for services associated with the event.

Cities that do NOT have Community Grants: Los Altos
Cities reached out to and have not heard back from: Gilroy, Milpitas, Palo Alto 447
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CHAPTER 1: INTRODUCTION | general plan (community vision 2015 - 2040) I-4
The Guiding Principles provide additional detail about Cupertino’ s desired future necessary to fully articulate the ideas contained in the vision statement. Similarly, the Guiding Principles were developed based on extensive community input.

GUIDING PRINCIPLES
1 2
3 4
5 6 SUPPORT VIBRANT AND MIXED- USE BUSINESSES
Ensure that Cupertino’s major mixed-use corridors and commercial nodes are vibrant, successful, attractive, friendly and comfortable with inviting active pedestrian spaces and services that meet the daily needs of residents and workers.

ENSURE A BALANCED COMMUNITY
Offer residents a full range of housing choices necessary to accommodate the changing needs of a demographically and economically diverse population, while also providing a full range of support uses including regional and local shopping, education, employment, entertainment, recreation, and daily needs that are within easy walking distance.

ENHANCE MOBILITY
Ensure the efficient and safe movement of cars, trucks, transit, pedestrians, bicyclists and disabled persons throughout Cupertino in order to fully accommodate Cupertino’s residents, workers, visitors and students of all ages and abilities. Streets, pedestrian paths and bike paths should comprise an integrated system of fully connected and interesting routes to all destinations.

IMPROVE CONNECTIVITY
Create a well-connected and safe system of trails, pedestrian and bicycle paths, sidewalks and streets with traffic calming measures that weave the community together, enhance neighborhood pride and identity, and create access to interesting routes to different destinations.

IMPROVE PUBLIC HEALTH AND SAFETY
Promote public health by increasing community- wide access to healthy foods; ensure an adequate amount of safe, well-designed parks, open space, trails and pathways; and improve safety by ensuring all areas of the community are protected from natural hazards and fully served by disaster planning and neighborhood watch programs, police, fire, paramedic and health services.

DEVELOP COHESIVE NEIGHBORHOODS
Ensure that all neighborhoods are safe, attractive and include convenient pedestrian and bicycle access to a “full-service” of local amenities such as parks, schools, community activity centers, trails, bicycle paths and shopping. 448
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CHAPTER 1: INTRODUCTION | general plan (community vision 2015 - 2040) I-5
7 8
9 10
11 ENSURE A RESPONSIVE GOVERNMENT
Continue to be a regional leader in accessible and transparent municipal government; promote community leadership and local partnerships with local and regional agencies; and remain flexible and responsive to changing community needs.

ENSURE FISCAL SELF RELIANCE
Maintain fiscal self-reliance in order to protect the City’ s ability to deliver essential, high-quality municipal services and facilities to the community.

PRESERVE THE ENVIRONMENT
Preserve Cupertino’s environment by enhancing or restoring creeks and hillsides to their natural state, limiting urban uses to existing urbanized areas, encouraging environmental protection, promoting sustainable design concepts, improving sustainable municipal operations, adapting to climate change, conserving energy resources and minimizing waste.

SUPPORT EDUCATION
Preserve and support quality community education by partnering with local school districts, community colleges, libraries and other organizations to improve facilities and programs that enhance learning and expand community- wide access.

EMBRACE DIVERSITY
Celebrate Cupertino’s diversity by offering a range of housing, shopping and community programs that meet the needs of the full spectrum of the community, while ensuring equal opportunities for all residents and workers regardless of age, cultural or physical differences.

ENSURE ATTRACTIVE COMMUNITY DESIGN
Ensure that buildings, landscapes, streets and parks are attractively designed and well maintained so they can complement the overall community fabric by framing streets and offering a variety of active, relaxing and intimate pedestrian spaces.
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Category Organization Project Funding total Fiscal Year Funded Art Euphrat Museum of Art Art Exhibits $15,000 2021-2022 Art Tian Hong Art Contest $3,000 2021-2022
Art Omniware Networks Youth Art Exhibition $2,000 2022-2023 Education Chinese American Coalition for Compassionate Care Mindfull Self-Care program $12,000 2021-2022 Education Cupertino Library Foundation Empower/Connect with Seniors $15,000 2021-2022 Education Monta Vista High School Music Boosters Speech Program $3,000 2021-2022 Education Breathe CA Wellness Programs $4,000 2022-2023 Education Chinese American Coalition for Compassionate Care Grief and Loss Program $13,000 2022-2023 Education Women SV Technical Support for domestic abuse survivors $20,000 2022-2023 Events Cupertino Rotary Fall Festival $12,000 2021-2022 Events Santa Clara County Audubon Festival $8,500 2021-2022 Events West Valley Community Services Gift of Hope- Holiday Shopping for familes in poverty $10,000 2021-2022 Events Buddhist Tzu Chi Health Fair $7,400 2021-2022
Events Valkyrie Mini Robot Competition $3,000 2021-2022 Events Buddhist Tzu Chi Health Fair $8,300 2022-2023
Events Relay for Life Event $6,000 2022-2023
Events West Valley Community Services Gift of Hope- Holiday Shopping for familes in poverty $10,000 2022-2023 Health Services for Seniors COVID Car Kit $6,160 2022-2023 Site Improvements Friends of Deer Hollow Farm Demonstration Garden $7,000 2021-2022 Communty Funding Recipients by Proposed Categories
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Fiscal Policies – Community Funding Grant Policy

PURPOSE
The City of Cupertino currently provides funding to local non-profit organizations in the areas of social services, fine arts, and other programs for the general public. The policy provides a framework for the City's Community Funding Grant Program and guides the administration of the program and decision-making process. It also provides guidance on key aspects of the City's Community Funding Grant Program processes including Eligibility, Evaluation Criteria, Restrictions/Guidelines, and Procedure.

SCOPE
All requests for funding must comply with this policy.

Eligibility
To receive consideration for a Community Funding Grant, grant requests must:
• Be made or sponsored by a 501(c)(3) non-profit organization with experienced members capable of implementing and managing the program/project/event. • Identify how the funds will be used to benefit the Cupertino community. • Be awarded only once per project
• For specific needs, not ongoing, operational costs, or endowment funds. • Have more than 75% of the requested funds allocated for direct service costs versus administrative costs.
• Be complete and submitted by the application deadline.

Evaluation Criteria
• Impact on and benefit to the Cupertino community
o Number of Cupertino residents served vs. number of non-Cupertino residents served
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o Cost per Cupertino resident served vs. cost per non-Cupertino resident served o Availability of the program/project/event to the entire Cupertino community • Community need for the program/project/event
• Alignment with City mission and values Cupertino General Plan Principles • Uniqueness of the program/project/event
o Lack of duplication in service in Cupertino
o Level of collaboration if a duplicated service
• Qualifications and experience of the organization and its members • Reasonable cost
• Demonstrated effort to secure funding from other sources and/or establishing partnerships with other community or city organizations • Clarity, completeness, and accuracy of grant application • Past performance and compliance with requirements if a recurring applicant Applications will be sorted into two categories:
• New applicants
• Past recipients
Applications in each category will be evaluated using a tiered structure based on the dollar amount requested for award as follows:
• < $999.99
• $1,000.00 - $4,999.99
• $5,000.00 – $9,999.99
• $10,000.00 - $20,000.00
Restrictions/Guidelines
• An organization that is applying for multiple grants shall only submit one application. • Proceeds generated from the funded activity may only be used for the conducted activity.
• If requested, recipients must provide full financial statements for the organization. • Festivals currently receiving funding through Festival Fee waivers may not apply for funding through the Community Funding Grant Process for the same festival • Admission to or participation in the event must be "free of charge" for Cupertino residents unless stated in the application and approved by Parks & Recreation Commission.
• If an applicant makes a grant request directly to a member of the City Council, whether individually or as a group, the Council shall refer the applicant to the Parks and Recreation Department for a Grant application to be reviewed in accordance with this policy. 452
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• Grant recipients shall acknowledge the City contribution in formal promotional materials and efforts related to the funded activity. Any use of the City logo must be approved by the City’s Communications Officer.

Procedure

1. Applicants submit timely and complete grant applications by February 1.

2. City Staff reviews application for completeness and compliance eligibility.

SCOPE
All requests for funding must comply with this policy.

Eligibility
To receive consideration for a Community Funding Grant, grant requests must:
• Be a 501(c)(3) non-profit organization with experienced members capable of implementing and managing the program/project/event.
• Identify how the funds will be used to benefit the Cupertino community. • Be awarded only once per project
• For specific needs, not ongoing, operational costs, or endowment funds. • Have more than 75% of the requested funds allocated for direct service costs versus administrative costs.
• Be complete and submitted by the application deadline.

Evaluation Criteria
• Impact on and benefit to the Cupertino community
o Number of Cupertino residents served vs. number of non-Cupertino residents served
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o Availability of the program/project/event to the entire Cupertino community • Community need for the program/project/event
• Alignment with Cupertino General Plan Principles
• Uniqueness of the program/project/event
o Lack of duplication in service in Cupertino
o Level of collaboration if a duplicated service
• Qualifications and experience of the organization and its members • Reasonable cost
• Demonstrated effort to secure funding from other sources and/or establishing partnerships with other community or city organizations • Clarity, completeness, and accuracy of grant application • Past performance and compliance with requirements if a recurring applicant Applications will be sorted into two categories:
• New applicants
• Past recipients
Applications in each category will be evaluated using a tiered structure based on the dollar amount requested for award as follows:
• < $999.99
• $1,000.00 - $4,999.99
• $5,000.00 – $9,999.99
• $10,000.00 - $20,000.00
Restrictions/Guidelines
• An organization that is applying for multiple grants shall only submit one application. • If requested, recipients must provide full financial statements for the organization. • Festivals currently receiving funding through Festival Fee waivers may not apply for funding through the Community Funding Grant Process for the same festival • Admission to or participation in the event must be "free of charge" • If an applicant makes a grant request directly to a member of the City Council, whether individually or as a group, the Council shall refer the applicant to the Parks and Recreation Department for a Grant application to be reviewed in accordance with this policy.
• Grant recipients shall acknowledge the City contribution in formal promotional materials and efforts related to the funded activity. Any use of the City logo must be approved by the City’s Communications Officer.
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Procedure

1. Applicants submit timely and complete grant applications by February 1.

2. City Staff reviews application for completeness and compliance eligibility.

Application
Impact
- Originality

RETURNING
APPLICANTS:

Application
Impact
- Past
performance
and program
efficacies
Total
Score NOTES:

Total Budget
Amount Requested
Max Points 20 20 15 15 10 10 5 5 5 100
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 Organization: Cupertino Bhubansewar Sister City Initiative Program/Project/Event: Bhubansewar Sister City Festival for Exchange Immersian Organization: Euphrat Museum of Art - DeAnza College
Program/Project/Event: Euphrat Museum Exhibitions and Events Organization: Senior Services - Heart of the Valley
Program/Project/Event: COVID Car Kit
Organization: Chinese American Coalition for Compassionate Care Program/Project/Event: Mindfully Facing Grief and Loss and Starting the Conversation Organization: Tian Hong Foundation
Program/Project/Event: 2022 Tian Hong Cross Cultural Youth Art Contest Organization: Buddhist Tzu Chi Medical Foundation
Program/Project/Event: Healthy Cupertino Health Fair
Organization: Able 2 Shine
Program/Project/Event: Teens Club Events in 2022
Organization: Cupertino Educational Endowment Foundation Program/Project/Event: Expansion of the Teacher Grant Program Organization: Cupertino Union School District
Program/Project/Event: CUSD Summer Bridge
Organization: Fremont Union School District Foundation
Program/Project/Event: Care Solace Prtnership for Mental Health Services Organization: Women SV
Program/Project/Event: Technical Support for Domestic Abuse Survivors Organization: Breathe California of the Bay Area
Program/Project/Event: Seniors Breather Easy
Organization: Omniware Networks
Program/Project/Event: Peace Love Unity Youth Art Contest Exhibition Organization: Palisadoes Foundation
Program/Project/Event: Calico Challenge SF
Organization: American Cancer Society
Program/Project/Event: Relay for Life - Silicon Valley North Organization: STEMBoost Corporation
Program/Project/Event: STEMBoost Summer Workshop
Organization: Youngzine
Program/Project/Event: Summer Youth Climate Steward Program Total Budget
Amount Requested
Organization: Silicon Valley Jewish Film Festival
Program/Project/Event: Silicon Valley jewish Film Festival Organization: Monta Vista High School Music Boosters Inc Program/Project/Event: Monta Vista Speech Program
Organization: Rotary Club of Cupertino
Program/Project/Event: Silicon Valley Fall Festival
Organization: West Valley Community Services
Program/Project/Event: Gift of Hope 2022
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Evaluation Criteria
Funding from prior year
(if applicable)
Impact on and benefit
to the Cupertino
Community
- Total # participants
- # of Cupertino part.
- Availability of event
to the Cupertino
Community
Alignment with
General Plan
Principles
- 12 guiding
principles
Community Need
for the program/
project/event
- Demonstrated
community impact
Uniqueness of
the program/
project/event
- Unduplicated
service/
originality
- Level of
collaboration if a
duplicated
service
Reasonable Cost
- How will the
organization use
the grant funds
Demonstrated
effort to secure
funding from other
sources
- Non-City funding
sources or
- Established
partnerships with
other organizations
Qualifications/ex
perience of the
organization/me
mbers
NEW
APPLICANTS:

Application
Impact
- Originality

RETURNING
APPLICANTS:

Application
Impact
- Past
performance
and program
efficacies
Total
Score NOTES:

CITY OF CUPERTINO
Agenda Item
22-11646 Agenda Date:
11/15/2022 Agenda #:

17. Subject: Continue the Community Funding Grant subcommittee with expanded jurisdiction to review the festival fee waiver policy and application
Direct the Community Funding Grant subcommittee, including Vice Mayor Chao, Councilmember Moore, Parks and Recreation Commission Chair and Vice Chair and Parks and Recreation Department Director to develop a proposed Festival Fee Waiver Policy and festival fee waiver application.

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CITY COUNCIL STAFF REPORT
Meeting: November 15, 2022
Subject
Continue the Community Funding Grant subcommittee with expanded jurisdiction to review the festival fee waiver policy and application
Recommended Action
Direct the Community Funding Grant subcommittee, including Vice Mayor Chao, Councilmember Moore, Parks and Recreation Commission Chair and Vice Chair and Parks and Recreation Department Director to develop a proposed Festival Fee Waiver Policy and festival fee waiver application.

Discussion
At the October 18, 2022 City Council meeting, Councilmember Moore proposed the Community Funding Grant subcommittee to continue its discussion and to develop a policy for any organization that may be eligible for festival fee waiver. Council has subsequently directed staff to agendize the discussion for a future meeting.

Background
On October 10 and October 17, 2022, the Community Funding Subcommittee comprised of Vice Mayor Chao and Councilmember Moore met with Parks and Recreation Commission Chair and Vice Chair and Parks and Recreation Department Director, Rachelle Sander, to discuss changes to the Community Funding Grant Program Policy.

During the discussion, the subcommittee learned that several non-profit organizations have benefited from both community grant funding and waivers for certain festivals.

Without any clear guidance or policy, the subcommittee requested the City Council to allow the subcommittee to continue its discussion and examine similar requirements for a draft Festival Fee Waiver policy and application.

If Council approves the subcommittee’s request, the discussion should focus on the nonprofit organization eligibility, a ranking and approval process, and funding structure. The final recommendation will be brought back to council for final decision. The subcommittee will convene no more than three one-hour meetings in total. 460
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Sustainability Impact
No sustainability impact.

Fiscal Impact
No Fiscal Impact.
________________________________________________________ Prepared by: Rachelle Sander, Director of Parks and Recreation Reviewed by: Christopher Jensen, City Attorney
Approved for Submission by: Pamela Wu, City Manager
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CITY OF CUPERTINO
Agenda Item
22-11460 Agenda Date:
11/15/2022 Agenda #:

18. Subject: Consider setting a hearing date on January 17, 2023 to declare a public nuisance (from weeds) and to consider objections for proposed removal; declare properties as having potential fire hazards from weeds or other potential nuisances for the Cupertino Weed Abatement Program Adopt Resolution No. 22-138 declaring properties as having potential fire hazards from weeds or other potential nuisances; and set hearing on January 17, 2023 to declare a public nuisance and to consider objections for proposed removal
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1 CITY COUNCIL STAFF REPORT
Meeting: November 15, 2022
Subject
Declare properties as having potential fire hazards from weeds or other potential nuisances for the Cupertino Weed Abatement Program.

Recommended Action
Adopt the Draft Resolution declaring properties as having potential fire hazards from weeds or other potential nuisances and set hearing on January 17, 2023 to declare a public nuisance and to consider objections for proposed removal.

Discussion
The Cupertino Weed Abatement Program is in place to prevent fire hazards and other nuisances posed by vegetative growth (weeds) and the accumulation of combustible materials.

This program is managed by the Santa Clara County Department of Agriculture. Cupertino Municipal Code Chapter 9.08 requires property owners to remove or destroy weeds on their property for fire and public health protection. Cupertino Municipal Code Chapter 9.08.020 states the following:

Whenever any weeds are growing upon any private property or properties or in any street or alley within the City. The City Council shall pass a resolution declaring the same to be a public nuisance and order the County Agricultural Commissioner to give notice of the passage of such resolution as provided in this chapter, and state therein that, unless such nuisance is abated without delay by the destruction or removal of such weeds, the work of abating such nuisance will be done by the County Agricultural Commissioner, and the expense thereof assessed upon the lots and lands from which, and/or in the front and rear of which, such weeds have been destroyed or removed. Such resolution shall fix the time and place for hearing any objections to the proposed destruction or removal of the weeds.

The weed abatement process is in place to notify the property owners of this responsibility, authorize the County to remove the weeds if the property owner does not do so, and allow the County to recover the costs of abatement.
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2 Process for Weed Abatement Program Outlined
The weed abatement process consists of eight steps that begin in November and go through August of each year, as shown on the following list. At this time the process to City Council to adopt a resolution declaring properties as having potential fire hazards from weeds or other potential nuisances and to set hearing on January 17, 2023 to declare a public nuisance and to consider objections for proposed removal date is at Step No. 1 of the overall process. On November 7, 2022, the County filed with the City the report of properties that have been identified as being noncompliant with the abatement program requirements (Attachment B, Exhibit A in Resolution).

The steps in the process are outlined below:

1. County prepares a report of all properties that have been non-compliant in removing weeds in the last three years and provides that report to the City (Nov-Dec) (Attachment B, Exhibit A in Resolution)

2. County sends notice to the property owners on the report notifying them of the hearing date and explaining that they must remove or destroy weeds by the abatement deadline of April 30, 2023 or it will be done for them, with cost of the abatement plus administrative costs assessed to their property (Dec). The City also sends a courtesy letter to property owners listed on the report, notifying them of the hearing and the abatement deadline. If a property is abated before the April 30 deadline then the initial inspection fee will be waived (Jan).

3. City sends a courtesy letter to property owners listed on the report, notifying them of the hearing and the abatement deadline. If a property is abated before the April 30 deadline then the initial inspection fee will be waived. (Jan).

4. City Council holds the hearing to consider objections by property owners and adopts a resolution declaring weeds a public nuisance and ordering abatement (Jan).

5. County sends a courtesy letter to property owners listed on the report, notifying them again of the abatement deadline, and noting that they will work with the property owner to be sure the weeds are removed (Jan-Feb).

6. City sends a courtesy letter to property owners listed on the report, reminding them of the abatement deadline and that the initial inspection fee will be waived if the property is abated before the deadline (Mar).

7. After April 30, the properties are inspected by the County to verify that weeds were removed and proceeds with abatement if the property fails the inspection. The County makes a report of all costs associated with the abatement and provides that report to the City (June-July). The County also provides a report of costs associated with the initial 464
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3 inspection fee for compliant properties, for payment by the City and a report that includes properties that failed the inspection and associated costs proposed to be assessed.

8. City notifies the property owners listed on the assessment report, notifying them of the hearing date. (July-Aug)

9. City Council holds a hearing, considers any disputes, and adopts a resolution placing a lien assessment on the properties to allow the County to recover the cost of weed and/or brush abatement (July-Aug).

The attached draft resolution will declare the listed properties as being a potential fire hazard due to weeds and/or combustible materials, or a potential nuisance due to weeds that are noxious, dangerous, or pose health risks. If Council adopts the resolution, property owners on the report will receive notices from the County and the City indicating that public nuisance declared their property must be abated, and that the City Council will conduct a public hearing on January 17, 2023 to consider appeal to any public nuisance declarations.

During the public hearing on January 17, 2023, the Council will consider approving the Weed Abatement Program report and to declare a public nuisance. If approved, the County will inspect those properties that were determined to be satisfying the Weed Abatement Program requirements. Property owners will have until April 30, 2023 to abate their properties.

Fiscal Impact
There is no fiscal impact at this step of the process.

Sustainability Impact
There is no sustainability impact.
_____________________________________
Reviewed by: Kirsten Squarcia, City Clerk
Approved for Submission by: Pamela Wu, City Manager
Attachments:

A - Draft Resolution and Exhibit A
B – 2023 Cupertino Commencement Report (Exhibit A)
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RESOLUTION NO. 22‐

A RESOLUTION OF THE CUPERTINO CITY COUNCIL

DECLARING WEEDS ON CERTAIN DESCRIBED PROPERTY TO BE A

POTENTIAL FIRE HAZARD OR OTHER POTENTIAL NUISANCES AND

SETTING A HEARING TO DECLARE PUBLIC NUISANCE AND FOR

OBJECTIONS TO PROPOSED REMOVAL
WHEREAS, weeds as described in Chapter 9.08 of the Cupertino Municipal Code are growing in the City of Cupertino upon certain streets, sidewalks, highways, roads and private property; and
WHEREAS, said weeds are undesirable, noxious, and dangerous and/or due to their rapid growth are or may become a fire menace; as such, said weeds constitute a potential public nuisance under state law and Chapter 9.08 of the Cupertino Municipal Code; and
WHEREAS, property owners and other persons occupying or having charge or control of any building, lot, or premises within the City are required to remove weeds in accordance with the provisions of Chapter 9.08 of the Cupertino Municipal Code;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cupertino as follows:

1. Weeds growing upon any private property or in any street or alley within the City in violation of Cupertino Municipal Code, Chapter 9.08 constitute a public nuisance;

2. The weeds found on the streets, sidewalks, highways, roads and private property, which properties are identified by common names or by reference to the tract, block, lot, code area, and parcel number on the report prepared by the County Agricultural Commissioner and attached hereto as Exhibit A, are declared as having potential fire hazards or other potential nuisances due to weeds that are noxious, dangerous, or pose health risks;

3. That the 17th day of January, 2022, at the hour of 6:45 p.m., or as soon thereafter as the matter can be heard, in the Council Chamber in the Community Hall, City of Cupertino and via a teleconference meeting if authorized pursuant to Government Code section 54953(e), with details on 466
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Resolution No. 22‐

Page 2 ends

how to attend the meeting appearing on the City Council Agenda for that date, is hereby set as the time and place to declare weeds on these properties to be a public nuisance and where all property owners having any objections to the proposed removal of such weeds may be heard;

4. That the Agricultural Commissioner is hereby designated and ordered to give notice of the adoption of this resolution, in the manner and form provided in Chapter 9.08 of the Cupertino Municipal Code.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 15thday of November 2022 by the following vote:

Members of the City Council
AYES:

NOES:

ABSENT:

ABSTAIN:

SIGNED:
________
Darcy Paul, Mayor
City of Cupertino
________________________
Date
ATTEST:
________
Kirsten Squarcia, City Clerk
________________________
Date
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Situs APN CITY/STATE
2023 WEED ABATEMENT PROGRAM

COMMENCEMENT REPORT

CITY OF CUPERTINO
T
Exhibit A
1 10101 WOLFE RD 316-20-120 VALLCO PROPERTY OWNER LLC ET 2600 EL CAMINO REAL STE PALO ALTO CA 94306-1719 13-3 2 10175 MC LAREN PL 316-21-049 CHAO, LIANG FANG 10175 MC LAREN PL CUPERTINO CA 95014-2335 13-0 3 19641 DRAKE DR 316-32-028 EDBERG, JEREMY AND YOUNG, 19641 DRAKE DR CUPERTINO CA 95014-2433 13-0 4 19661 DRAKE DR 316-32-030 RENTERIA, MICHAEL J AND 19661 DRAKE DR CUPERTINO CA 95014-2433 13-0 5 10696 FLORA VISTA AV 326-08-043 TAN, MAISON JZE SUN AND WONG, 10696 FLORA VISTA AV CUPERTINO CA 95014-1607 13-0 6 22482 SALEM AV 326-15-099 ARBAGEY, WAYNE P AND 680 LINDEN AV LOS ALTOS CA 94022-1627 13-0 7 10047 CRESCENT RD 326-16-027 POPAT, JANKI R AND DESAI, PREMAL 10047 CRESCENT RD CUPERTINO CA 95014-1050 13-0 8 10036 CRESCENT RD 326-17-065 HENGYE LLC 10559 FELTON WY CUPERTINO CA 95014-4305 13-0 9 10395 N STELLING RD 326-28-094 CHEN, ZHIFENG TRUSTEE & ET AL 10395 STELLING RD N CUPERTINO CA 95014-1613 13-0 10 21001 HAZELBROOK DR 326-28-095 JAGANATHAN, RAMESH AND 21001 HAZELBROOK DR CUPERTINO CA 95014-1628 13-0 11 20860 GARDEN GATE DR 326-30-034 ELLIOTT, JULIE TRUSTEE 204 EAGLE LN BRENTWOOD CA 94513 13-0 12 20985 GARDEN GATE DR 326-30-087 WU, RICHARD W ET AL 12181 COUNTRY SQUIRE LN SARATOGA CA 95070-3467 13-0 13 10511 GLENCOE DR 326-30-103 SUN, SHUPENG AND DONG, YUE 1152 CROCUS CT SUNNYVALE CA 94086-8449 13-0 14 10467 GLENCOE DR 326-30-106 ZHAI, JLANJUN AND WEI, LI 11566 FALLCREEK SPRING CUPERTINO CA 95014-5118 130 15 20710 GARDEN GATE DR 326-33-015 LO, ANGELINE WAH-YIN AND HENRY'PO BOX 2935 CUPERTINO CA 95015-2935 13-0 16 10692 PEBBLE PL 326-43-042 CHEN, SHUO-HAO AND LIOU, SU- 10692 PEBBLE PL CUPERTINO CA 95014-1333 13-0 17 10712 PEBBLE PL 326-43-044 WINGET, CHARLES M AND 10712 PEBBLE PL CUPERTINO CA 95014-1333 13-0 18 0 STEVENS BL 342-13-012 DEANE AND DEANE INC 4040 MOORPARK #116 SAN JOSE CA 95117-1851 13-0 19 0 STEVENS BL 342-14-066 ALAN ENTERPRISE LLC 1177 CALIFORNIA ST #1821 SAN FRANCISCO CA 94108 13-0 20 22645 SAN JUAN RD 342-17-067 MULLEN, EVA JO TRUSTEE 'PO BOX 835 CUPERTINO CA 95015-0835 13-0 21 22755 SAN JUAN RD 342-17-068 MADHANY, AL-HUSEIN N AND 22755 SAN JUAN RD CUPERTINO CA 95014-0000 13-0 22 10690 CORDOVA RD 342-17-083 WONG, KEITH TAI 10690 CORDOVA RD CUPERTINO CA 95014-3912 13-0 23 22577 SAN JUAN RD 342-17-084 DHUEY, MICHAEL J 22577 SAN JUAN RD CUPERTINO CA 95014-3932 13-0 24 10611 SANTA LUCIA RD 342-17-095 HUNTS, SUSAN E ET AL 10611 SANTA LUCIA RD CUPERTINO CA 95014-3937 13-0 24 records of 158 Santa Clara County Weed Abatement Program Page 1 468
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Exhibit A
25 22661 SAN JUAN RD 342-17-110 TURNER, PAUL J TRUSTEE & ET AL 10550 MIRA VISTA RD CUPERTINO CA 95014 13-0 26 0 EL CERRITO RD 342-21-004 ITEM, WERNER AND GLORIA E 22670 SAN JUAN RD CUPERTINO CA 95014-3933 13-0 27 22765 SAN JUAN RD 342-22-031 NEHAWANDIAN, NASIM 22765 SAN JUAN RD CUPERTINO CA 95014-3934 13-0 28 10625 CORDOVA RD 342-22-103 BREINBERG, STEVEN A AND DANNA 10625 CORDOVA RD CUPERTINO CA 95014-3911 13-0 29 0 (LAND ONLY) 342-45-001 CHAMBERLAIN, JACK T TRUSTEE 655 SKYWAY 230 SAN CARLOS CA 94070 13-0 30 23026 VOSS AV 342-50-016 INANI, ANAND TRUSTEE & ET AL 23026 VOSS AV CUPERTINO CA 95014-2663 13-0 31 0 (LAND ONLY) 342-50-019 CHAMBERLAIN, JACK T TRUSTEE 655 SKYWAY 230 SAN CARLOS CA 94070 13-0 32 0 STEVENS RD 351-10-043 PARKSIDE TRAIL LLC 'P.O BOX 320667 LOS GATOS CA 95032 13-0 33 22483 RIVERSIDE DR 356-03-041 CHANG, YU-MING AND LEE, CHIH- 1140 CANYON GREEN DR SAN RAMON CA 94582-4617 13-0 34 22222 MCCLELLAN RD 356-05-003 AIKINS, SONYA E TRUSTEE 5341 OLD REDWOOD HY 202 PETALUMA CA 94954 13-0 35 21885 HYANNISPORT DR 356-13-050 YU, XIAOMING AND CHENG, 21885 HYANNISPORT DR CUPERTINO CA 95014-4015 13-0 36 21906 HYANNISPORT DR 356-14-057 XU, HAO AND WANG, XUE 21906 HYANNISPORT DR CUPERTINO CA 95014-4016 13-0 37 21662 COLUMBUS AV 356-18-049 CHANG, ERIC AND CECILIA KAN 21662 COLUMBUS AV CUPERTINO CA 95014-4711 13-0 38 11235 BUBB RD 356-21-054 KARP, STEPHANIE J 11235 BUBB RD CUPERTINO CA 95014-4940 13-0 39 21576 LA PLAYA CT 356-23-015 SAHA, ANGSHUMAN AND 'PO BOX 2918 CUPERTINO CA 95015-2918 13-0 40 21710 REGNART RD 356-23-057 REGNART LLC 3163 HAWKCREST CL SAN JOSE CA 95135-0000 13-0 41 21987 LINDY LN 356-25-031 KANG, PING QI AND LIANG, YU JUAN 2408 CLEMENT ST SAN FRANCISCO CA 94121 13-0 42 NO SITUS 356-25-033 KANG, PINGQI ET AL 2793 RANDERS CT PALO ALTO CA 94303-0000 13-0 43 22041 LINDY LN 356-27-012 GOKHALE, MAKARAND R TRUSTEE & 22041 LINDY LN CUPERTINO CA 95014-4851 13-0 44 22090 LINDY LN 356-27-020 HANGGI, EVELYN B TRUSTEE 61145 WARD RD BEND OR 97702 13-0 45 22090 LINDY LN 356-27-021 KALKO, CHARLES Z AND MUNOZ, 22090 LINDY LN CUPERTINO CA 95014-4835 13-0 46 11450 CANYON VIEW CL 356-27-023 CHANG, CHIAO-FU AND SUE-FAY 11450 CANYON VIEW CL CUPERTINO CA 95014-0000 13-0 47 22032 LINDY LN 356-27-025 DE, KALPAJIT AND MAJUMDER, 22032 LINDY LN CUPERTINO CA 95014-4811 13-0 48 22310 PALM AV 357-04-023 VAN BLOMMESTEIN, ROBERT AND 1144 BRACE AV SAN JOSE CA 95125-3200 13-0 48 records of 158 Santa Clara County Weed Abatement Program Page 2 469
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Exhibit A
49 840 ROSE DR 359-04-019 LIAN, HAO AND WANG, JING 840 ROSE BLOSSOM DR CUPERTINO CA 95014-4214 13-0 50 10040 BIANCHI WY 359-07-021 YOUNG, PEYRUU AND HU, LEON 790 PILGRIM LOOP FREMONT CA 94539 13-0 51 20592 MCCLELLAN RD 359-18-010 CHANG, LANCE C AND MELODY F 20592 MCCLELLAN RD CUPERTINO CA 95014-2955 13-0 52 10540 FELTON WY 359-18-035 HWANG, PAO HANG AND HSU, 10405 DEMPSTER AV CUPERTINO CA 95014-1224 13-0 53 20616 MCCLELLAN RD 359-18-048 HARDEMAN, MELODY F ET AL 20616 MCCLELLAN RD CUPERTINO CA 95014-2955 13-0 54 0 BUBB RD 362-01-025 UNION PACIFIC CO 10031 FOOTHILLS BLVD ROSEVILLE CA 95030 13-0 55 CRANBERRY DR 362-02-048 UNION PACIFIC CO 10031 FOOTHILLS BLVD ROSEVILLE CA 95030 130 56 0 CRANBERRY DR 362-04-058 UNION PACIFIC CO 10031 FOOTHILLS BLVD ROSEVILLE CA 95030 13-0 57 11226 BUBB RD 362-06-036 11226 BUBB INVESTMENT LP 22330 SANTA PAULA AV CUPERTINO CA 95014-2707 13-0 58 0 362-09-026 UNION PACIFIC CO 10031 FOOTHILLS BLVD ROSEVILLE CA 95030 13-0 59 362-16-037 UNION PACIFIC CO 10031 FOOTHILLS BLVD ROSEVILLE CA 95030 130 60 0 362-19-033 UNION PACIFIC CO 10031 FOOTHILLS BLVD ROSEVILLE CA 95030 13-0 61 1103 S STELLING RD 362-22-006 KABRA, GOVIND AND ZAWAR, 1103 STELLING RD S CUPERTINO CA 95014-5020 13-0 62 1161 STELLING RD 362-22-018 LEPAGE-WOODIE, CASEY RENE 1504 GUIZOT ST SAN DIEGO CA 92107 13-0 63 7585 RAINBOW DR 362-24-003 WANG, TAO AND LI, WEI 7585 RAINBOW DR CUPERTINO CA 95014-5235 13-0 64 20666 CLEO AV 362-31-001 XU, BIN AND LI, YUCHUAN 20666 CLEO AV CUPERTINO CA 95014-5033 13-0 65 20652 CLEO AV 362-31-002 BURROW, BRADLEY J AND JUANITA S20652 CLEO AV CUPERTINO CA 95014-5033 13-0 66 NO SITUS 362-31-030 ALMASI, AZITA TRUSTEE & ET AL 965 LAUREL GLEN DR PALO ALTO CA 94304-1323 13-0 67 22040 REGNART RD 366-02-046 YOUNG, GREGORY S AND TATE, 3339 WATERFOWL WY DRIGGS ID 83422-1236 13-0 68 11841 UPLAND WY 366-03-062 VEMPATY, NAGESHWARA R AND 13304 GLEN BRAE DR SARATOGA CA 95070-4431 13-0 69 0 S STELLING RD 366-09-028 UNION PACIFIC CO 10031 FOOTHILLS BLVD ROSEVILLE CA 95030 13-0 70 0 STAUFFER LN 366-09-053 UNION PACIFIC CO 10031 FOOTHILLS BLVD ROSEVILLE CA 95030 13-0 71 7690 PEACH DR 366-11-114 DOLL, CYNTHIA A TRUSTEE 4801 CAMERON RD ELK CA 95432 13-0 72 21650 RAINBOW CT 366-38-007 SUBRAMANIAN, VIJAY V TRUSTEE & 1182 MILLER AV SAN JOSE CA 95129-3930 13-0 72 records of 158 Santa Clara County Weed Abatement Program Page 3 470
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Exhibit A
73 21608 RAINBOW DR 366-38-031 LAU, PHYLLIS ANN CHOY TRUSTEE 'P O BOX 2726 CUPERTINO CA 95015 13-0 74 22033 REGNART RD 366-46-005 BIGLER, ROBERT A AND PUNITA P 11230 BUBB RD CUPERTINO CA 95014-4979 13-0 75 22045 REGNART RD 366-46-006 BIGLER, ROBERT A AND PUNITA P 11230 BUBB RD CUPERTINO CA 95014-4979 13-0 76 NO SITUS 366-46-007 BIGLER, ROBERT A AND PUNITA P 11230 BUBB RD CUPERTINO CA 95014-4979 13-0 77 10295 VICKSBURG DR 369-07-015 XU, GUANGJUN AND YANG, QI 10295 VICKSBURG DR CUPERTINO CA 95014-3358 13-0 78 10301 VICKSBURG DR 369-07-016 MUNTZ, DANIEL A AND KUNO, 10301 VICKSBURG DR CUPERTINO CA 95014-3358 13-0 79 10140 RICHWOOD DR 369-08-033 ORTIZ, ALFREDO TRUSTEE 'PO BOX 40 CUPERTINO CA 95015 13-0 80 10300 VICKSBURG DR 369-14-008 TANABE, THOMAS M TRUSTEE & ET 10300 VICKSBURG DR CUPERTINO CA 95014-3320 13-0 81 898 BRENT DR 369-24-025 KUOK, CHUN FREDERICK 898 BRENT DR CUPERTINO CA 95014-4553 13-0 82 879 BETTE AV 369-27-050 CHANG, JUI PO 1198 EAGLE RIDGE WAY MILPITAS CA 95035 13-0 83 20011 PACIFICA DR 369-28-042 SWAMINATHAN, RAM AND 20011 PACIFICA DR CUPERTINO CA 95014-3110 13-0 84 19397 PHIL LN 375-05-032 PONGURLEKAR, JITENDRA AND 19397 PHIL LN CUPERTINO CA 95014-3429 13- 85 10039 TANTAU AV 375-07-005 MEIER-LIM, FRANCES W AND 1710 HOLT AV LOS ALTOS CA 94024-6924 13- 86 10067 S TANTAU AV 375-07-007 WU, HUNGJEN HENRY 10067 TANTAU AV S CUPERTINO CA 95014-3541 13- 87 19160 COZETTE LN 375-07-022 HSU, TRACY TRUSTEE 22330 SANTA PAULA AV CUPERTINO CA 95014-2707 13- 88 10203 TANTAU AV 375-07-027 UYCHINCO, JOSE DATU AND ISABEL 10616 JOHNSON AV CUPERTINO CA 95014-3817 13- 89 19131 LOREE AV 375-07-029 KONG, FAN PENG AND CHEN, MING 19131 LOREE AV CUPERTINO CA 95014-3539 13- 90 10251 S TANTAU AV 375-08-004 TAO, BANG NHON AND WEN, 10251 TANTAU AV S CUPERTINO CA 95014-0000 13- 91 19145 TILSON AV 375-08-028 TSENG, DIEN J ET AL 19145 TILSON AV CUPERTINO CA 95014-3551 13- 92 10349 W BRET AV 375-10-022 HUANG, SZU-TAO AND LEE, EMMA 1818 LAGOON RD W PLEASANTON CA 94566 13- 93 10135 BRET AV 375-11-026 LI, HESHENG AND XU, YUAN 10135 BRET AV CUPERTINO CA 95014-3557 13- 94 10080 BRET AV 375-11-043 LI, YIMING TRUSTEE & ET AL 20790 GARDEN GATE DR CUPERTINO CA 95014 13- 95 10200 STERN AV 375-12-002 MC GRATH PATRICK W 'PO BOX 2422 PALO ALTO CA 94309-2422 132 96 10104 N STERN AV 375-12-011 SUNG, ROBERTO 10683 STELLING RD N CUPERTINO CA 95014-1647 13-2 96 records of 158 Santa Clara County Weed Abatement Program Page 4 471
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Exhibit A
97 18921 ARATA WY 375-12-041 CHEN, BILONG 18921 ARATA WY CUPERTINO CA 95014-3670 13-2 98 18921 LOREE AV 375-13-001 GAO, SHAOFEN 18921 LOREE AV CUPERTINO CA 95014-3672 13-2 99 18916 ARATA WY 375-13-002 JINSHAN PROPERTIES LLC 'PO BOX 398 MOUNTAIN VIEW CA 94042 13-2 100 10295 MORETTI DR 375-14-004 GAO, JIE JENIE TRUSTEE 240 DE ANZA LN LOS ALTOS CA 94022-4033 13-2 101 18815 TILSON AV 375-16-034 LI, BEI 10140 BYRNE AV CUPERTINO CA 95014-2808 13-2 102 18871 BARNHART AV 375-16-057 CHEN, YU DAVID AND CHIU, IWEN 18871 BARNHART AV CUPERTINO CA 95014-3601 13-2 103 10335 CALVERT DR 375-17-022 SRINIVASAN, MAHESHWARAN AND 10335 CALVERT DR CUPERTINO CA 95014-3807 13-2 104 10405 CALVERT DR 375-17-029 LUO, VINSON ET AL 45536 CHEROKEE LN FREMONT CA 94539 13-2 105 10425 CALVERT DR 375-17-031 GUARDINO, WEI TRUSTEE 10425 CALVERT DR CUPERTINO CA 95014-3807 13-2 106 10435 CALVERT DR 375-17-032 MCKEE, ELLEN D TRUSTEE 10435 CALVERT DR CUPERTINO CA 95014-3835 13-2 107 18755 BARNHART AV 375-17-051 JOHNSON, ALLEN R 1220 TASMAN DR SPC 513 SUNNYVALE CA 94089 13-2 108 18791 BARNHART AV 375-17-055 COURTIER, RODOLPHE AND LU, 18690 BARNHART AV CUPERTINO CA 95014-3860 13-2 109 10240 CALVERT DR 375-18-022 XING, PEI AND WANG, NADIA J 10240 CALVERT DR CUPERTINO CA 95014-3808 13-2 110 10361 JOHNSON AV 375-18-039 MC GRATH PATRICK W 'PO BOX 2422 PALO ALTO CA 94309-2422 132 111 10391 JOHNSON AV 375-18-042 LU, YING-WU 45449 LITTLE FOOT PL FREMONT CA 94539 13-2 112 10409 JOHNSON AV 375-18-044 CHAUDHARY, VAIBHAV AND 10175 VICKSBURG DR CUPERTINO CA 95014-3318 13-2 113 10356 STERLING BL 375-24-011 TEKAWADE, RAHUL P AND MORE, 10356 STERLING BL CUPERTINO CA 95014-3867 13-2 114 10308 STERLING BL 375-24-017 HAO STEVE MIN AND SUN QING PING 6962 BOLLINGER RD SAN JOSE CA 95129 132 115 18671 PRING CT 375-25-039 HUANG, CHANG-KAI AND TSENG, 18671 PRING CT CUPERTINO CA 95014-3822 13-2 116 18661 CRABTREE AV 375-25-047 SUBAINATI, MOHAMAD K AND JULIE 18661 CRABTREE AV CUPERTINO CA 95014-3864 13-2 117 18621 BARNHART AV 375-26-035 KOO, SANDRA S ET AL 18621 BARNHART AV CUPERTINO CA 95014-3801 13-2 118 18670 CRABTREE AV 375-26-054 TORRES, SARA ET AL 480 MONTEREY AV LOS GATOS CA 95030-5303 13-2 119 18730 BARNHART AV 375-27-001 VASILIEV, OLGA 18730 BARNHART AV CUPERTINO CA 95014-3804 13-2 120 18790 TUGGLE AV 375-27-019 NIE, XIAOQIONG 18790 TUGGLE AV CUPERTINO CA 95014-0000 13-2 120 records of 158 Santa Clara County Weed Abatement Program Page 5 472
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Exhibit A
121 18781 TUGGLE AV 375-27-025 CAMPBELL MICHAEL D 'P O BOX 5345 SAN JOSE CA 95150-5345 13-2 122 10540 WUNDERLICH DR 375-27-037 OH, SEUNGSEOK AND RYU, SUNA 10540 WUNDERLICH DR CUPERTINO CA 95014-3650 13-2 123 10519 GASCOIGNE DR 375-28-002 LI, XIN AND YU, LISHAN 10519 GASCOIGNE DR CUPERTINO CA 95014-3841 13-2 124 10549 GASCOIGNE DR 375-28-006 LAM, MARCOS C 10549 GASCOIGNE DR CUPERTINO CA 95014-3841 13-2 125 10520 JOHNSON AV 375-28-039 OU, LIANGYI AND ZHAO, YINGYING 10520 JOHNSON AV CUPERTINO CA 95014-3816 13-2 126 18690 BARNHART AV 375-28-041 WARREN, THOMAS C AND DOROTHY 'P O BOX 2639 SARATOGA CA 95070 13-2 127 10711 WUNDERLICH DR 375-29-021 HUANG, RUIYAN AND HU, LINGPING 816 JULIAN TERRACE 4 SUNNYVALE CA 94085 13-2 128 10840 JOHNSON AV 375-30-024 BENKENAN, SUZAN FISHEL 18891 NEWSOM AV CUPERTINO CA 95014-3818 13-2 129 10784 JOHNSON AV 375-31-003 CHEN, BOYI AND YE, ZHENZHEN 10784 JOHNSON AV CUPERTINO CA 95014-3818 13-2 130 10740 JOHNSON AV 375-31-007 CHA, CATHY Y TRUSTEE 10740 JOHNSON AV CUPERTINO CA 95014-3818 13-2 131 10711 GASCOIGNE DR 375-31-018 TSAI, CHIH JUNG AND LAI, HUI WEN 10711 GASCOIGNE DR CUPERTINO CA 95014-3845 13-2 132 10731 GASCOIGNE DR 375-31-020 NEJAT, FRANK F 'PO BOX 700702 SAN JOSE CA 95170 13-2 133 10670 MINETTE DR 375-31-046 PALLAPOTHU, KISHORE AND 10568 JOHNSON AV CUPERTINO CA 95014-3816 13-2 134 10667 WUNDERLICH DR 375-31-049 10671 JOHNSON INVESTMENT LLC 22330 SANTA PAULA AV CUPERTINO CA 95014-2707 13-2 135 10831 JOHNSON AV 375-31-065 HUO, XIPING AND SONG, 5023 CAPISTRANO AV SAN JOSE CA 95129-1025 13-2 136 10841 JOHNSON AV 375-31-066 LI, YONGNA AND SONG, NING 10841 JOHNSON AV CUPERTINO CA 95014-3819 13-2 137 10630 CARVER DR 375-32-020 MC GRATH PATRICK W 'PO BOX 2422 PALO ALTO CA 94309-2422 132 138 18870 TUGGLE AV 375-32-024 DELA CRUZ, SHERWIN PETER L 18870 TUGGLE AV CUPERTINO CA 95014-3626 13-2 139 18850 TUGGLE AV 375-32-026 ZHU, XINGLEI AND YIN, WENYUAN 18850 TUGGLE AV CUPERTINO CA 95014-3626 13-2 140 10827 MINETTE DR 375-32-057 WU, JIANPING 988 LEITH AV SANTA CLARA CA 95054-1950 13-2 141 18970 BARNHART AV 375-33-003 DARBY, MICHAEL AND LEE, SANDRA 18970 BARNHART AV CUPERTINO CA 95014-3669 13-2 142 18871 PENDERGAST AV 375-33-027 LUI, DAVID K 18871 PENDERGAST AV CUPERTINO CA 95014-3620 13-2 143 18881 PENDERGAST AV 375-33-028 CHENG, XINWU AND SHI, WEN 18881 PENDERGAST AV CUPERTINO CA 95014-3620 13-2 144 18931 PENDERGAST AV 375-33-033 KAWASAKI, ELAINE T TRUSTEE 18931 PENDERGAST AV CUPERTINO CA 95014-3622 13-2 144 records of 158 Santa Clara County Weed Abatement Program Page 6 473
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Exhibit A
145 18911 TUGGLE AV 375-33-064 FLAUGHER, LOU ANN 18911 TUGGLE AV CUPERTINO CA 95014-3625 13-2 146 10657 MORENGO DR 375-34-013 ORTIZ, ROSA F ET AL 10657 MORENGO DR CUPERTINO CA 95014-3513 13-2 147 10673 MORENGO DR 375-34-015 SHARMA, SUBHASH C AND MAMTA 10673 MORENGO DR CUPERTINO CA 95014-3513 13-2 148 18930 TUGGLE AV 375-34-045 CHEN, XIAMIN AND XU, TINGJUN 18930 TUGGLE AV CUPERTINO CA 95014-3627 13-2 149 18940 NEWSOM AV 375-35-011 GEORGE, GNANA SELVIN AND 18940 NEWSOM AV CUPERTINO CA 95014-3618 13-2 150 10627 CULBERTSON DR 375-36-027 MC GRATH, PATRICK W 1184 VALELAKE CT SUNNYVALE CA 94089-2032 13-2 151 10524 S TANTAU AV 375-37-020 LIU, XIONG AND GUO, YAQIONG 10524 TANTAU AV S CUPERTINO CA 95014-0000 13-2 152 10623 JOHANSEN DR 375-37-058 WANG, LIEH C AND VIRGINIA S 6808 LEYLAND PARK DR SAN JOSE CA 95120-5616 13-2 153 899 S TANTAU AV 375-38-045 ZWEIG, JONATHAN M AND GRACE 899 TANTAU AV S CUPERTINO CA 95014-4648 13-0 154 928 HYDE AV 375-39-004 SAIKUMAR, GURUPRASAD AND 928 HYDE AV CUPERTINO CA 95014-4663 13-0 155 19210 TILSON AV 375-40-060 SINGH, TAJINDER AND SANDHU, 19210 TILSON AV CUPERTINO CA 95014-3529 13- 156 10455 TANTAU AV 375-40-066 JONES, JAMIE LYNNE RATLIFF 'PO BOX 698 CUPERTINO CA 95015-0698 13- 157 698 MILLER AV 375-42-011 LIN, JOHN YAW HWA AND MICHELLE698 MILLER AV CUPERTINO CA 95014-4640 13-0 158 678 MILLER AV 375-42-012 JEN, KO-TA AND CHRISTINA N 678 MILLER AV CUPERTINO CA 95014-4640 13-0 158 records of 158 Santa Clara County Weed Abatement Program Page 7 474
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Exhibit A
1 10101 WOLFE RD 316-20-120 VALLCO PROPERTY OWNER LLC ET 2600 EL CAMINO REAL STE PALO ALTO CA 94306-1719 13-3 2 10175 MC LAREN PL 316-21-049 CHAO, LIANG FANG 10175 MC LAREN PL CUPERTINO CA 95014-2335 13-0 3 19641 DRAKE DR 316-32-028 EDBERG, JEREMY AND YOUNG, 19641 DRAKE DR CUPERTINO CA 95014-2433 13-0 4 19661 DRAKE DR 316-32-030 RENTERIA, MICHAEL J AND 19661 DRAKE DR CUPERTINO CA 95014-2433 13-0 5 10696 FLORA VISTA AV 326-08-043 TAN, MAISON JZE SUN AND WONG, 10696 FLORA VISTA AV CUPERTINO CA 95014-1607 13-0 6 22482 SALEM AV 326-15-099 ARBAGEY, WAYNE P AND 680 LINDEN AV LOS ALTOS CA 94022-1627 13-0 7 10047 CRESCENT RD 326-16-027 POPAT, JANKI R AND DESAI, PREMAL 10047 CRESCENT RD CUPERTINO CA 95014-1050 13-0 8 10036 CRESCENT RD 326-17-065 HENGYE LLC 10559 FELTON WY CUPERTINO CA 95014-4305 13-0 9 10395 N STELLING RD 326-28-094 CHEN, ZHIFENG TRUSTEE & ET AL 10395 STELLING RD N CUPERTINO CA 95014-1613 13-0 10 21001 HAZELBROOK DR 326-28-095 JAGANATHAN, RAMESH AND 21001 HAZELBROOK DR CUPERTINO CA 95014-1628 13-0 11 20860 GARDEN GATE DR 326-30-034 ELLIOTT, JULIE TRUSTEE 204 EAGLE LN BRENTWOOD CA 94513 13-0 12 20985 GARDEN GATE DR 326-30-087 WU, RICHARD W ET AL 12181 COUNTRY SQUIRE LN SARATOGA CA 95070-3467 13-0 13 10511 GLENCOE DR 326-30-103 SUN, SHUPENG AND DONG, YUE 1152 CROCUS CT SUNNYVALE CA 94086-8449 13-0 14 10467 GLENCOE DR 326-30-106 ZHAI, JLANJUN AND WEI, LI 11566 FALLCREEK SPRING CUPERTINO CA 95014-5118 130 15 20710 GARDEN GATE DR 326-33-015 LO, ANGELINE WAH-YIN AND HENRY'PO BOX 2935 CUPERTINO CA 95015-2935 13-0 16 10692 PEBBLE PL 326-43-042 CHEN, SHUO-HAO AND LIOU, SU- 10692 PEBBLE PL CUPERTINO CA 95014-1333 13-0 17 10712 PEBBLE PL 326-43-044 WINGET, CHARLES M AND 10712 PEBBLE PL CUPERTINO CA 95014-1333 13-0 18 0 STEVENS BL 342-13-012 DEANE AND DEANE INC 4040 MOORPARK #116 SAN JOSE CA 95117-1851 13-0 19 0 STEVENS BL 342-14-066 ALAN ENTERPRISE LLC 1177 CALIFORNIA ST #1821 SAN FRANCISCO CA 94108 13-0 20 22645 SAN JUAN RD 342-17-067 MULLEN, EVA JO TRUSTEE 'PO BOX 835 CUPERTINO CA 95015-0835 13-0 21 22755 SAN JUAN RD 342-17-068 MADHANY, AL-HUSEIN N AND 22755 SAN JUAN RD CUPERTINO CA 95014-0000 13-0 22 10690 CORDOVA RD 342-17-083 WONG, KEITH TAI 10690 CORDOVA RD CUPERTINO CA 95014-3912 13-0 23 22577 SAN JUAN RD 342-17-084 DHUEY, MICHAEL J 22577 SAN JUAN RD CUPERTINO CA 95014-3932 13-0 24 10611 SANTA LUCIA RD 342-17-095 HUNTS, SUSAN E ET AL 10611 SANTA LUCIA RD CUPERTINO CA 95014-3937 13-0 24 records of 158 Santa Clara County Weed Abatement Program Page 1 475
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Exhibit A
25 22661 SAN JUAN RD 342-17-110 TURNER, PAUL J TRUSTEE & ET AL 10550 MIRA VISTA RD CUPERTINO CA 95014 13-0 26 0 EL CERRITO RD 342-21-004 ITEM, WERNER AND GLORIA E 22670 SAN JUAN RD CUPERTINO CA 95014-3933 13-0 27 22765 SAN JUAN RD 342-22-031 NEHAWANDIAN, NASIM 22765 SAN JUAN RD CUPERTINO CA 95014-3934 13-0 28 10625 CORDOVA RD 342-22-103 BREINBERG, STEVEN A AND DANNA 10625 CORDOVA RD CUPERTINO CA 95014-3911 13-0 29 0 (LAND ONLY) 342-45-001 CHAMBERLAIN, JACK T TRUSTEE 655 SKYWAY 230 SAN CARLOS CA 94070 13-0 30 23026 VOSS AV 342-50-016 INANI, ANAND TRUSTEE & ET AL 23026 VOSS AV CUPERTINO CA 95014-2663 13-0 31 0 (LAND ONLY) 342-50-019 CHAMBERLAIN, JACK T TRUSTEE 655 SKYWAY 230 SAN CARLOS CA 94070 13-0 32 0 STEVENS RD 351-10-043 PARKSIDE TRAIL LLC 'P.O BOX 320667 LOS GATOS CA 95032 13-0 33 22483 RIVERSIDE DR 356-03-041 CHANG, YU-MING AND LEE, CHIH- 1140 CANYON GREEN DR SAN RAMON CA 94582-4617 13-0 34 22222 MCCLELLAN RD 356-05-003 AIKINS, SONYA E TRUSTEE 5341 OLD REDWOOD HY 202 PETALUMA CA 94954 13-0 35 21885 HYANNISPORT DR 356-13-050 YU, XIAOMING AND CHENG, 21885 HYANNISPORT DR CUPERTINO CA 95014-4015 13-0 36 21906 HYANNISPORT DR 356-14-057 XU, HAO AND WANG, XUE 21906 HYANNISPORT DR CUPERTINO CA 95014-4016 13-0 37 21662 COLUMBUS AV 356-18-049 CHANG, ERIC AND CECILIA KAN 21662 COLUMBUS AV CUPERTINO CA 95014-4711 13-0 38 11235 BUBB RD 356-21-054 KARP, STEPHANIE J 11235 BUBB RD CUPERTINO CA 95014-4940 13-0 39 21576 LA PLAYA CT 356-23-015 SAHA, ANGSHUMAN AND 'PO BOX 2918 CUPERTINO CA 95015-2918 13-0 40 21710 REGNART RD 356-23-057 REGNART LLC 3163 HAWKCREST CL SAN JOSE CA 95135-0000 13-0 41 21987 LINDY LN 356-25-031 KANG, PING QI AND LIANG, YU JUAN 2408 CLEMENT ST SAN FRANCISCO CA 94121 13-0 42 NO SITUS 356-25-033 KANG, PINGQI ET AL 2793 RANDERS CT PALO ALTO CA 94303-0000 13-0 43 22041 LINDY LN 356-27-012 GOKHALE, MAKARAND R TRUSTEE & 22041 LINDY LN CUPERTINO CA 95014-4851 13-0 44 22090 LINDY LN 356-27-020 HANGGI, EVELYN B TRUSTEE 61145 WARD RD BEND OR 97702 13-0 45 22090 LINDY LN 356-27-021 KALKO, CHARLES Z AND MUNOZ, 22090 LINDY LN CUPERTINO CA 95014-4835 13-0 46 11450 CANYON VIEW CL 356-27-023 CHANG, CHIAO-FU AND SUE-FAY 11450 CANYON VIEW CL CUPERTINO CA 95014-0000 13-0 47 22032 LINDY LN 356-27-025 DE, KALPAJIT AND MAJUMDER, 22032 LINDY LN CUPERTINO CA 95014-4811 13-0 48 22310 PALM AV 357-04-023 VAN BLOMMESTEIN, ROBERT AND 1144 BRACE AV SAN JOSE CA 95125-3200 13-0 48 records of 158 Santa Clara County Weed Abatement Program Page 2 476
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Exhibit A
49 840 ROSE DR 359-04-019 LIAN, HAO AND WANG, JING 840 ROSE BLOSSOM DR CUPERTINO CA 95014-4214 13-0 50 10040 BIANCHI WY 359-07-021 YOUNG, PEYRUU AND HU, LEON 790 PILGRIM LOOP FREMONT CA 94539 13-0 51 20592 MCCLELLAN RD 359-18-010 CHANG, LANCE C AND MELODY F 20592 MCCLELLAN RD CUPERTINO CA 95014-2955 13-0 52 10540 FELTON WY 359-18-035 HWANG, PAO HANG AND HSU, 10405 DEMPSTER AV CUPERTINO CA 95014-1224 13-0 53 20616 MCCLELLAN RD 359-18-048 HARDEMAN, MELODY F ET AL 20616 MCCLELLAN RD CUPERTINO CA 95014-2955 13-0 54 0 BUBB RD 362-01-025 UNION PACIFIC CO 10031 FOOTHILLS BLVD ROSEVILLE CA 95030 13-0 55 CRANBERRY DR 362-02-048 UNION PACIFIC CO 10031 FOOTHILLS BLVD ROSEVILLE CA 95030 130 56 0 CRANBERRY DR 362-04-058 UNION PACIFIC CO 10031 FOOTHILLS BLVD ROSEVILLE CA 95030 13-0 57 11226 BUBB RD 362-06-036 11226 BUBB INVESTMENT LP 22330 SANTA PAULA AV CUPERTINO CA 95014-2707 13-0 58 0 362-09-026 UNION PACIFIC CO 10031 FOOTHILLS BLVD ROSEVILLE CA 95030 13-0 59 362-16-037 UNION PACIFIC CO 10031 FOOTHILLS BLVD ROSEVILLE CA 95030 130 60 0 362-19-033 UNION PACIFIC CO 10031 FOOTHILLS BLVD ROSEVILLE CA 95030 13-0 61 1103 S STELLING RD 362-22-006 KABRA, GOVIND AND ZAWAR, 1103 STELLING RD S CUPERTINO CA 95014-5020 13-0 62 1161 STELLING RD 362-22-018 LEPAGE-WOODIE, CASEY RENE 1504 GUIZOT ST SAN DIEGO CA 92107 13-0 63 7585 RAINBOW DR 362-24-003 WANG, TAO AND LI, WEI 7585 RAINBOW DR CUPERTINO CA 95014-5235 13-0 64 20666 CLEO AV 362-31-001 XU, BIN AND LI, YUCHUAN 20666 CLEO AV CUPERTINO CA 95014-5033 13-0 65 20652 CLEO AV 362-31-002 BURROW, BRADLEY J AND JUANITA S20652 CLEO AV CUPERTINO CA 95014-5033 13-0 66 NO SITUS 362-31-030 ALMASI, AZITA TRUSTEE & ET AL 965 LAUREL GLEN DR PALO ALTO CA 94304-1323 13-0 67 22040 REGNART RD 366-02-046 YOUNG, GREGORY S AND TATE, 3339 WATERFOWL WY DRIGGS ID 83422-1236 13-0 68 11841 UPLAND WY 366-03-062 VEMPATY, NAGESHWARA R AND 13304 GLEN BRAE DR SARATOGA CA 95070-4431 13-0 69 0 S STELLING RD 366-09-028 UNION PACIFIC CO 10031 FOOTHILLS BLVD ROSEVILLE CA 95030 13-0 70 0 STAUFFER LN 366-09-053 UNION PACIFIC CO 10031 FOOTHILLS BLVD ROSEVILLE CA 95030 13-0 71 7690 PEACH DR 366-11-114 DOLL, CYNTHIA A TRUSTEE 4801 CAMERON RD ELK CA 95432 13-0 72 21650 RAINBOW CT 366-38-007 SUBRAMANIAN, VIJAY V TRUSTEE & 1182 MILLER AV SAN JOSE CA 95129-3930 13-0 72 records of 158 Santa Clara County Weed Abatement Program Page 3 477
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Exhibit A
73 21608 RAINBOW DR 366-38-031 LAU, PHYLLIS ANN CHOY TRUSTEE 'P O BOX 2726 CUPERTINO CA 95015 13-0 74 22033 REGNART RD 366-46-005 BIGLER, ROBERT A AND PUNITA P 11230 BUBB RD CUPERTINO CA 95014-4979 13-0 75 22045 REGNART RD 366-46-006 BIGLER, ROBERT A AND PUNITA P 11230 BUBB RD CUPERTINO CA 95014-4979 13-0 76 NO SITUS 366-46-007 BIGLER, ROBERT A AND PUNITA P 11230 BUBB RD CUPERTINO CA 95014-4979 13-0 77 10295 VICKSBURG DR 369-07-015 XU, GUANGJUN AND YANG, QI 10295 VICKSBURG DR CUPERTINO CA 95014-3358 13-0 78 10301 VICKSBURG DR 369-07-016 MUNTZ, DANIEL A AND KUNO, 10301 VICKSBURG DR CUPERTINO CA 95014-3358 13-0 79 10140 RICHWOOD DR 369-08-033 ORTIZ, ALFREDO TRUSTEE 'PO BOX 40 CUPERTINO CA 95015 13-0 80 10300 VICKSBURG DR 369-14-008 TANABE, THOMAS M TRUSTEE & ET 10300 VICKSBURG DR CUPERTINO CA 95014-3320 13-0 81 898 BRENT DR 369-24-025 KUOK, CHUN FREDERICK 898 BRENT DR CUPERTINO CA 95014-4553 13-0 82 879 BETTE AV 369-27-050 CHANG, JUI PO 1198 EAGLE RIDGE WAY MILPITAS CA 95035 13-0 83 20011 PACIFICA DR 369-28-042 SWAMINATHAN, RAM AND 20011 PACIFICA DR CUPERTINO CA 95014-3110 13-0 84 19397 PHIL LN 375-05-032 PONGURLEKAR, JITENDRA AND 19397 PHIL LN CUPERTINO CA 95014-3429 13- 85 10039 TANTAU AV 375-07-005 MEIER-LIM, FRANCES W AND 1710 HOLT AV LOS ALTOS CA 94024-6924 13- 86 10067 S TANTAU AV 375-07-007 WU, HUNGJEN HENRY 10067 TANTAU AV S CUPERTINO CA 95014-3541 13- 87 19160 COZETTE LN 375-07-022 HSU, TRACY TRUSTEE 22330 SANTA PAULA AV CUPERTINO CA 95014-2707 13- 88 10203 TANTAU AV 375-07-027 UYCHINCO, JOSE DATU AND ISABEL 10616 JOHNSON AV CUPERTINO CA 95014-3817 13- 89 19131 LOREE AV 375-07-029 KONG, FAN PENG AND CHEN, MING 19131 LOREE AV CUPERTINO CA 95014-3539 13- 90 10251 S TANTAU AV 375-08-004 TAO, BANG NHON AND WEN, 10251 TANTAU AV S CUPERTINO CA 95014-0000 13- 91 19145 TILSON AV 375-08-028 TSENG, DIEN J ET AL 19145 TILSON AV CUPERTINO CA 95014-3551 13- 92 10349 W BRET AV 375-10-022 HUANG, SZU-TAO AND LEE, EMMA 1818 LAGOON RD W PLEASANTON CA 94566 13- 93 10135 BRET AV 375-11-026 LI, HESHENG AND XU, YUAN 10135 BRET AV CUPERTINO CA 95014-3557 13- 94 10080 BRET AV 375-11-043 LI, YIMING TRUSTEE & ET AL 20790 GARDEN GATE DR CUPERTINO CA 95014 13- 95 10200 STERN AV 375-12-002 MC GRATH PATRICK W 'PO BOX 2422 PALO ALTO CA 94309-2422 132 96 10104 N STERN AV 375-12-011 SUNG, ROBERTO 10683 STELLING RD N CUPERTINO CA 95014-1647 13-2 96 records of 158 Santa Clara County Weed Abatement Program Page 4 478
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Exhibit A
97 18921 ARATA WY 375-12-041 CHEN, BILONG 18921 ARATA WY CUPERTINO CA 95014-3670 13-2 98 18921 LOREE AV 375-13-001 GAO, SHAOFEN 18921 LOREE AV CUPERTINO CA 95014-3672 13-2 99 18916 ARATA WY 375-13-002 JINSHAN PROPERTIES LLC 'PO BOX 398 MOUNTAIN VIEW CA 94042 13-2 100 10295 MORETTI DR 375-14-004 GAO, JIE JENIE TRUSTEE 240 DE ANZA LN LOS ALTOS CA 94022-4033 13-2 101 18815 TILSON AV 375-16-034 LI, BEI 10140 BYRNE AV CUPERTINO CA 95014-2808 13-2 102 18871 BARNHART AV 375-16-057 CHEN, YU DAVID AND CHIU, IWEN 18871 BARNHART AV CUPERTINO CA 95014-3601 13-2 103 10335 CALVERT DR 375-17-022 SRINIVASAN, MAHESHWARAN AND 10335 CALVERT DR CUPERTINO CA 95014-3807 13-2 104 10405 CALVERT DR 375-17-029 LUO, VINSON ET AL 45536 CHEROKEE LN FREMONT CA 94539 13-2 105 10425 CALVERT DR 375-17-031 GUARDINO, WEI TRUSTEE 10425 CALVERT DR CUPERTINO CA 95014-3807 13-2 106 10435 CALVERT DR 375-17-032 MCKEE, ELLEN D TRUSTEE 10435 CALVERT DR CUPERTINO CA 95014-3835 13-2 107 18755 BARNHART AV 375-17-051 JOHNSON, ALLEN R 1220 TASMAN DR SPC 513 SUNNYVALE CA 94089 13-2 108 18791 BARNHART AV 375-17-055 COURTIER, RODOLPHE AND LU, 18690 BARNHART AV CUPERTINO CA 95014-3860 13-2 109 10240 CALVERT DR 375-18-022 XING, PEI AND WANG, NADIA J 10240 CALVERT DR CUPERTINO CA 95014-3808 13-2 110 10361 JOHNSON AV 375-18-039 MC GRATH PATRICK W 'PO BOX 2422 PALO ALTO CA 94309-2422 132 111 10391 JOHNSON AV 375-18-042 LU, YING-WU 45449 LITTLE FOOT PL FREMONT CA 94539 13-2 112 10409 JOHNSON AV 375-18-044 CHAUDHARY, VAIBHAV AND 10175 VICKSBURG DR CUPERTINO CA 95014-3318 13-2 113 10356 STERLING BL 375-24-011 TEKAWADE, RAHUL P AND MORE, 10356 STERLING BL CUPERTINO CA 95014-3867 13-2 114 10308 STERLING BL 375-24-017 HAO STEVE MIN AND SUN QING PING 6962 BOLLINGER RD SAN JOSE CA 95129 132 115 18671 PRING CT 375-25-039 HUANG, CHANG-KAI AND TSENG, 18671 PRING CT CUPERTINO CA 95014-3822 13-2 116 18661 CRABTREE AV 375-25-047 SUBAINATI, MOHAMAD K AND JULIE 18661 CRABTREE AV CUPERTINO CA 95014-3864 13-2 117 18621 BARNHART AV 375-26-035 KOO, SANDRA S ET AL 18621 BARNHART AV CUPERTINO CA 95014-3801 13-2 118 18670 CRABTREE AV 375-26-054 TORRES, SARA ET AL 480 MONTEREY AV LOS GATOS CA 95030-5303 13-2 119 18730 BARNHART AV 375-27-001 VASILIEV, OLGA 18730 BARNHART AV CUPERTINO CA 95014-3804 13-2 120 18790 TUGGLE AV 375-27-019 NIE, XIAOQIONG 18790 TUGGLE AV CUPERTINO CA 95014-0000 13-2 120 records of 158 Santa Clara County Weed Abatement Program Page 5 479
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Exhibit A
121 18781 TUGGLE AV 375-27-025 CAMPBELL MICHAEL D 'P O BOX 5345 SAN JOSE CA 95150-5345 13-2 122 10540 WUNDERLICH DR 375-27-037 OH, SEUNGSEOK AND RYU, SUNA 10540 WUNDERLICH DR CUPERTINO CA 95014-3650 13-2 123 10519 GASCOIGNE DR 375-28-002 LI, XIN AND YU, LISHAN 10519 GASCOIGNE DR CUPERTINO CA 95014-3841 13-2 124 10549 GASCOIGNE DR 375-28-006 LAM, MARCOS C 10549 GASCOIGNE DR CUPERTINO CA 95014-3841 13-2 125 10520 JOHNSON AV 375-28-039 OU, LIANGYI AND ZHAO, YINGYING 10520 JOHNSON AV CUPERTINO CA 95014-3816 13-2 126 18690 BARNHART AV 375-28-041 WARREN, THOMAS C AND DOROTHY 'P O BOX 2639 SARATOGA CA 95070 13-2 127 10711 WUNDERLICH DR 375-29-021 HUANG, RUIYAN AND HU, LINGPING 816 JULIAN TERRACE 4 SUNNYVALE CA 94085 13-2 128 10840 JOHNSON AV 375-30-024 BENKENAN, SUZAN FISHEL 18891 NEWSOM AV CUPERTINO CA 95014-3818 13-2 129 10784 JOHNSON AV 375-31-003 CHEN, BOYI AND YE, ZHENZHEN 10784 JOHNSON AV CUPERTINO CA 95014-3818 13-2 130 10740 JOHNSON AV 375-31-007 CHA, CATHY Y TRUSTEE 10740 JOHNSON AV CUPERTINO CA 95014-3818 13-2 131 10711 GASCOIGNE DR 375-31-018 TSAI, CHIH JUNG AND LAI, HUI WEN 10711 GASCOIGNE DR CUPERTINO CA 95014-3845 13-2 132 10731 GASCOIGNE DR 375-31-020 NEJAT, FRANK F 'PO BOX 700702 SAN JOSE CA 95170 13-2 133 10670 MINETTE DR 375-31-046 PALLAPOTHU, KISHORE AND 10568 JOHNSON AV CUPERTINO CA 95014-3816 13-2 134 10667 WUNDERLICH DR 375-31-049 10671 JOHNSON INVESTMENT LLC 22330 SANTA PAULA AV CUPERTINO CA 95014-2707 13-2 135 10831 JOHNSON AV 375-31-065 HUO, XIPING AND SONG, 5023 CAPISTRANO AV SAN JOSE CA 95129-1025 13-2 136 10841 JOHNSON AV 375-31-066 LI, YONGNA AND SONG, NING 10841 JOHNSON AV CUPERTINO CA 95014-3819 13-2 137 10630 CARVER DR 375-32-020 MC GRATH PATRICK W 'PO BOX 2422 PALO ALTO CA 94309-2422 132 138 18870 TUGGLE AV 375-32-024 DELA CRUZ, SHERWIN PETER L 18870 TUGGLE AV CUPERTINO CA 95014-3626 13-2 139 18850 TUGGLE AV 375-32-026 ZHU, XINGLEI AND YIN, WENYUAN 18850 TUGGLE AV CUPERTINO CA 95014-3626 13-2 140 10827 MINETTE DR 375-32-057 WU, JIANPING 988 LEITH AV SANTA CLARA CA 95054-1950 13-2 141 18970 BARNHART AV 375-33-003 DARBY, MICHAEL AND LEE, SANDRA 18970 BARNHART AV CUPERTINO CA 95014-3669 13-2 142 18871 PENDERGAST AV 375-33-027 LUI, DAVID K 18871 PENDERGAST AV CUPERTINO CA 95014-3620 13-2 143 18881 PENDERGAST AV 375-33-028 CHENG, XINWU AND SHI, WEN 18881 PENDERGAST AV CUPERTINO CA 95014-3620 13-2 144 18931 PENDERGAST AV 375-33-033 KAWASAKI, ELAINE T TRUSTEE 18931 PENDERGAST AV CUPERTINO CA 95014-3622 13-2 144 records of 158 Santa Clara County Weed Abatement Program Page 6 480
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Agenda Item
22-11513 Agenda Date:
11/15/2022 Agenda #:

19. Subject: Consider authorization to execute a first amendment to the agreement for Disposal of Municipal Solid Waste between the City of Cupertino and International Disposal Corporation of California, Inc., extending the term for two years
Authorization of the City Manager to execute a first amendment to the agreement for Disposal of Municipal Solid Waste between the City of Cupertino and International Disposal Corporation of California, Inc. to November 2025
CITY OF CUPERTINO Page 1 of 1 Printed on 11/9/2022
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CITY COUNCIL STAFF REPORT
Meeting: November 15, 2022
Subject
Consider authorization to execute a first amendment to the agreement for Disposal of Municipal Solid Waste between the City of Cupertino and International Disposal Corporation of California, Inc., extending the term for two years.

Recommended Action
Authorize the City Manager to execute a first amendment to the agreement for Disposal of Municipal Solid Waste between the City of Cupertino and International Disposal Corporation of California, Inc. to November 2025.

Background
The City currently is contracted with Recology and International Disposal Corporation of California, Inc. for all waste materials generated in Cupertino. Under an existing 10- year franchise agreement that began February 1, 2021, the City’s waste hauler, Recology, collects all streams of materials (garbage, recyclables, and organics). Recyclables and organics are routed to processing facilities for recovery, while garbage is collected and transported directly to Newby Island Landfill near Milpitas for direct disposal without any processing. Disposal of material at Newby Island Landfill is managed under a 35- year agreement between the City and International Disposal Corporation of California, Inc., which became effective on November 21, 1988.

Discussion
The City’s current landfill agreement with International Disposal Corporation of California, Inc. at Newby Island Landfill will expire on November 20, 2023.

Environmental Division staff has begun exploring options for a new garbage disposal agreement for the City, one which will also consider other service providers and potentially include processing the garbage at a material recovery facility to remove recyclables before disposal at a landfill.

However, with evolving regulations and considering pre-disposal processing options, staff recommends the Council to extend the current agreement with International Disposal Corporation of California, Inc. for another two years to November 2025 to allow sufficient time for research and negotiation with the new vendor. The details of 483
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the selection process are in development and will be reviewed with the Council later.

Staff anticipate a new service agreement to be considered by Council before the current agreement with International Disposal Corporation of California, Inc. expires in 2023, but should negotiations for a new agreement take longer than anticipated, the recommended actions will ensure the City has continued access to a disposal facility.

Sustainability Impact
Effective waste disposal programs that are convenient, well utilized, and properly funded are essential to diverting recyclable and compostable materials from the landfill and to stay in compliance with a variety of State and local requirements. AB 939, the California Integrated Waste Management Act, requires at least a 50% diversion from landfill after 1/1/2020; SB1383 requires diversion of organics from landfill, and the City of Cupertino’s Zero Waste Policy, adopted December 19, 2017, specifies a diversion goal of 80% by 2025. Diversion goals are also reflected in the “Getting to Zero Waste” section of Cupertino’s Climate Action Plan 2.0, specifically W1.1 (exceeding the goals of SB 1383) and W1.2 (routing garbage through a materials recovery facility for increased diversion). The City is in compliance with current regulations through the existing waste management agreements and would remain in compliance under the extension.

Fiscal Impact
If Council approves the two-year extension and it goes into effect, the rate for each ton of disposed garbage will go up on July 1, 2024 by 100% of CPI, plus an additional $2.00 per ton. The City currently pays $46.53/ton for landfill disposal. Forecasting potential CPI increases between now and July 1, 2024, while also incorporating the increased rate, show the per-ton rate would be between $51-$52 per ton. Current market rates are in the mid-$50s per ton for landfill disposal. Under the current agreements, Recology pays landfill fees directly to International Disposal Corporation of California, Inc. on the City’s behalf, using rates collected from customers. Customer rates are set under the Recology Franchise Agreement through January 31, 2024. The Recology rate year beginning February 1, 2024, requires a cost-based adjustment process during which all cost aspects of collection, disposal, and City programmatic requirements will be considered and evaluated in detail by the City’s consultant, HF&H. Per-ton disposal cost is a relatively small part of the overall customer garbage rate equation, but the impact to customers in 2024 directly resulting from the increased cost of landfill disposal would be less than $3.00 per year ($0.25/month). Cupertino’s garbage rates will continue to be among the lowest in the region. Because landfill fees are included in the rates residents and businesses pay as part of their garbage bills, there will be no direct fiscal impact to the City.
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Prepared by: Ursula Syrova, Environmental Programs Manager Reviewed by: Matt Morley, Director of Public Works
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Approved for Submission by: Pamela Wu, City Manager
Attachments:

A – Draft First Amendment to Agreement
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November 3, 2022
FIRST AMENDMENT TO THE REST ATED 2002 AGREEMENT FOR DISPOSAL OF

MUNICIPAL SOLID WASTE BETWEEN
THE CITY OF CUPERTINO AND INTERNATIONAL DISPOSAL CORP. OF CALIFORNIA, INC.

This First Amendment to the restated 2002 Agreement for Disposal of Municipal Solid Waste Between the City of Cupertino and International Disposal Corp. of California, Inc., executed on and effective November 21, 2023, is by and between the CITY OF CUPERTINO, a municipal corporation ("CITY"), and International Disposal Corp. of California, Inc., a California corporation ("Contractor"), and is made with reference to the following:

RECIT ALS:

A. City and Contractor are parties to an Agreement for Disposal of Municipal Solid Waste dated November 21, 1988, as restated on September 24, 2002 (such agreement as so amended, the "Agreement").

B. The term of the Agreement expires at 11:59 P.M. on November 20, 2023, subject to Section 4 of the Agreement.

C. The parties wish to enter into an optional two-year extension of the Agreement and to modify Contractor compensation as specified.

D. City and Contractor desire to modify the Agreement as set forth below, with modified terms effective on November 21, 2023.

E. AIotherprovisionsoftheAgreementshallremaininfullforceandeffect.

AGREEMENT
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows:

1. Section 4.2 is amended to read as follows:

4.2 Termination
Notwithstanding anything to the contrary contained in this Agreement, this Agreement shall continue in full force and effect until the first to occur of the following, unless sooner terminated in accordance with this Agreement:
(i) November 20;aa2025; or
(ii) The City exercises its sole option to terminate the Agreement without cause upon ninety (90) days prior written notice to Contractor.

2. Section 5.1 is amended to read as follows:

5.1 Tipping Fee
The Tipping Fee for the disposal and/or Recycling of Municipal Solid Waste at Newby Island as of July 1, 2024, shall be the amount adjusted pursuant to Section 5.2 and 5.4 of this Agreement plus an additional 52.00 per Ton to the adjustable portion of the Tipping Fee. The Tipping Fee for the I
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disposal and/or Recycling of Municipal Solid Waste at Newby Island as ofJuly 1, 2025, shall be the amount adjusted pursuant to Section 5.2 and 5.4 of this Agreement plus an additional 52,00per Ton to the adjustable portion of the Tipping Fee. For clarity, 52.00 per ton will be added on top of the annual Tipping Fee adjustment pursuant to the Agreement on the Rate Adjustment Date for years 2024 and 2025. Notwithstanding the foregoing, for Debris Boxes containing source separated loads of concrete or clean soil the City shall be charged the gate rates for concrete and clean soil, respectively, provided application of those gate rates results in a lower cost to the City.

3. Section 5.2 is restated as follows:

5.2 Annual Adjustment of Tipping Fee
The Tipping Fee (as adjusted under Section 5.4) shall be adjusted as of July 1 of each year, beginning as of July 1, 2024, (the "Rate Adjustment Date") in accordance with the following formula:

P= A(l.OxB)
A= The adjustable portion of the Tipping Fee (as described below) in effect as of the Rate Adjustment Date. The "adjustable portion of the Tipping Fee", as that phrase is used above, is the Tipping Fee in effect as of the Rate Adjustment Date, less the portion thereof attributable to Taxes. As of July 1, 2022, the adjustable portion of the Tipping Fee is S26.92.

B = The net percentage change in the Consumer Price Index (CPI), All Urban Consumer (CPIU), for San Francisco-Oakland-San lose, California, published by the u.s. Department of Labor, Bureau of Labor Statistics.

P= TheamountadjustmenttotheTippingFeeforthenewtwelve(12)monthperiod.

All "net percentage changes", as that phrase is used above, are to be computed as the difference between the applicable index value for the month of February immediately prior to the current Rate Adjustment Date and for the month of February immediately prior to the last Rate Adjustment Date (February 2002 in the case of the first adjustment hereunder), divided by the index value for the month of February immediately prior to the last Rate Adjustment.

Contractor shall notify City in writing of any adjustment under this Section at the earliest practicable time. On the next billing date after the receipt of Contractor's statement showing adjustment under this Section, City shall pay to Contractor or Contractor shall credit to City, as the case may be, a lump sum equal to any increase or decrease applicable to that period which has elapsed during which the new Tipping Fee is effective. Thereafter, the Tipping Fee charged by Contractor shall not be modified to reflect any change under this Section until a subsequent adjustment statement is received by City. Adjustment to the Tipping Fee will only be made in units of one cent (S0.01). Fractions less than one cent (S0.O1) will not be considered in making adjustment.

Should the index named in this Section not be published for February of any given year, the calculations shall be performed using the index value as published for the last month immediately preceding the February in question (or, in the case of a quarterly published index, the index value for the quarter including the February in question). 2 487
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November 3, 2022
Should the index named in this Section be discontinued, a successor index shall replace same.

The successor index shall be that index which is most closely equivalent to the discontinued index as recommended by the publishing agency.

IN WITNESS WHEREOF, the parties hereto have executed this First Amendment as of the date first written above.

International Disposal Corp. of California, Inc.

A California Corporation

CITY OF CUPERTINO,
A Municipal Corporation
B/
Area President; Kevin Divincenzo City Manager, Pamela Wu 3 488
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Cupertjno-Repub!i:c Newby
Extension F:na!
Final Audit Report 2022-11-07
Created: 2022-11-03
BY:

Status:

Transaction ID:

Julia Kinst ([email protected])
Signed
CBJCHBCAABAAsxy-aRmrZyZg-pGyfl-3HXGJb43EloOl
"Cupertino-Republic Newby Island ExtensionFinal" History '5 Document created by Julia Kinst ([email protected]) 2022-11-03 - 8:48:53 PM GMT- IP address:216.198.111.214 a Document emailed to [email protected] for signature 2022-11-03 - 8:49:21 PM GMT
'., Email viewed by [email protected]
2022-11-07 - 3:42:01 PM GMT- IP address: 204.13.219.7
*@ Signer [email protected] entered name at signing as Kevin Divincenzo 2022-all-07 - 3:44:40 PM GMT- IP address: 163.116.139.120 !@ Document e-signed by Kevin Divincenzo ([email protected]) Signature Date: 2022-11-07 - 3:44:42 PM GMT - Time Source: server- IP address: 163.116.139.120 €9 Agreement completed.
2022-11-07 - 3:44:42 PM GMT
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CITY OF CUPERTINO
Agenda Item
22-11555 Agenda Date:
11/15/2022 Agenda #:

20. Subject: Consider the summary vacation of a portion of a Public Utility Easement on the property located at 10826 Brookwell Drive
Adopt Resolution No. 22-139, summarily vacating a portion of Public Utility Easement on the property located at 10826 Brookwell Drive
CITY OF CUPERTINO Page 1 of 1 Printed on 11/9/2022
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CITY COUNCIL STAFF REPORT
Meeting: November 15, 2022
Subject
Consider the summary vacation of a portion of a Public Utility Easement on the property located at 10826 Brookwell Drive.

Recommended Action
Adopt Resolution No. 22-____, summarily vacating a portion of Public Utility Easement on the property located at 10826 Brookwell Drive.

Background
The owner of the subject property is proposing to construct an accessory dwelling unit (ADU) at the backyard of their property. During the design stage, the owner discovered an existing Public Utility Easement (PUE) across the southwesterly portion of the property where the ADU is proposed.

Discussion
“Vacation” of the easement means that the City of Cupertino would terminate the public utility company rights over this portion of the property. The property owner applied to vacate the unused portion of the PUE (Attachment A.)
This vacation ensures the parcel is not encumbered by the PUE within the footprint of the proposed ADU, as a PUE must be kept open and free from buildings and structures.

Staff determined that the proposed area for vacation does not currently contain any public utilities. All concerned utility companies were contacted in writing and stated that they have no objections to the City vacating the easement and that the easement is not needed for public purposes. Two of the utility companies recommended that the City reserve a five-foot-wide PUE along the southerly and southwesterly property lines for future use and access. The new five-foot PUE has been granted to the City via separate instrument and will be recorded concurrently with the vacation.

An easement may be summarily vacated under the Streets and Highway Code section 8333, which states if “the easement has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding the proposed vacation,” or alternatively, if “the easement has been superseded by relocation, or 491
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determined to be excess by the easement holder, and there are no other public facilities located within the easement.” Staff has determined that the PUE has not been used for five consecutive years preceding this action and that there are currently no public facilities within the easement.

Adoption of the proposed Resolution (Attachment B) allows the City to summarily vacate a portion of the PUE on the subject property. Upon recordation of this vacation, the PUE will be removed from the property, and no further action regarding the vacation will need to be taken by the City Council.

Sustainability Impact
This action is not a project under the requirements of the California Environmental Quality Act (CEQA) and is exempted per section 15061(b)(3).

Fiscal Impact
No fiscal impact.
_____________________________________
Prepared by: Winnie Pagan, Senior Civil Engineer
Reviewed by: Chad Mosley, Assistant Director of Public Works Reviewed by: Matt Morley, Director of Public Works
Approved for Submission by: Pamela Wu, City Manager
Attachments:

A – Aerial Exhibit
B – Draft Resolution
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Attachment B
RESOLUTION NO.

A RESOLUTION OF THE CUPERTINO CITY COUNCIL

SUMMARILY VACATING A PORTION OF A PUBLIC UTILITY EASEMENT ON A PROPERTY LOCATED AT 10826 BROOKWELL DRIVE
(APN 369-21-021)
WHEREAS, a public utility easement dedicated to public use presently exists on a property located at 10826 Brookwell Drive (APN 369-21-021) in the City of Cupertino, as described in Exhibit A and shown in Exhibit B; and WHEREAS, subdivision (a) of Section 8333 of the Streets and Highways Code of the State of California authorizes the City Council to summarily vacate a portion of a public service easement if the easement has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding the proposed vacation; and
WHEREAS, subdivision (c) of Section 8333 of the Streets and Highways Code of the State of California authorizes the City Council to summarily vacate a portion of a public service easement if the easement has been superseded by relocation, or determined to be excess by the easement holder, and there are no other public facilities located within the easement; and WHEREAS, the City Council intends to summarily vacate the public utility easement as presented in the staff report, dated November 15, 2022, submitted to the City Council setting forth the reasons justifying the summary vacation of the public utility easement.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cupertino that:

SECTION 1. The City Council hereby adopts the Resolution based upon all other evidence submitted, and makes the following findings:

1. The easement has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding the proposed vacation; and
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2. The easement is determined to be excess, and there are no other public facilities located within the easement.

SECTION 2. Based upon the findings made in Section 1 of this Resolution and the provisions of Section 8333(a) and 8333(c) of the Streets and Highways Code, the City Council does hereby order that the portion of public utility easement shall be and hereby is summarily vacated.

SECTION 3. The City Clerk is hereby directed to record at Santa Clara County Records this Resolution, including Exhibit A and Exhibit B attached hereto.

SECTION 4. The portion of public utility easement as described in Exhibit A and shown in Exhibit B will no longer constitute a Public Utility Easement from and after the date of recordation of the documents identified in Section 3 of this Resolution.

BE IT FURTHER RESOLVED that this Resolution is not a project under the requirements of the California Environmental Quality Act, together with related State CEQA Guidelines (collectively, “CEQA”) because it has no potential for resulting in physical change in the environment. In the event that this Resolution is found to be a project under CEQA, it is subject to the CEQA exemption contained in CEQA Guidelines section 15061(b)(3) because it can be seen with certainty to have no possibility that the action approved may have a significant effect on the environment. CEQA applies only to actions which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. In this circumstance, the proposed action to summarily vacate a public utility easement would have no or only a de minimis effect on the environment because no physical changes to the environment are proposed. The foregoing determination is made by the City Council in its independent judgment.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 15th day of November, 2022, by the following vote:
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Members of the City Council
AYES:

NOES:

ABSENT:

ABSTAIN:

SIGNED:

Darcy Paul, Mayor
City of Cupertino
Date
ATTEST:

Kirsten Squarcia, City Clerk Date
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EXHIBIT "A"

LEGAL DESCRIPTION

FOR VACATION OF PUBLIC UTILITY

EASEMENT
A portion of Lot 44, as shown upon that certain Map entitled "Tract No. 1566 Alderbrook Estates Unit 2", which Map was filed for record in the Office of the Recorder of the County of Santa Clara, State of California on August 16, 1955 in Book 62 of maps at page 18 and 19, more particularly described as follows:

Beginning at a point on the westerly most corner of Lot 44; thence along the southwesterly line of said Lot 44, South 26°48'38" East, 74.10 feet to the southwesterly corner of Lot 44; thence along the southerly line of Lot 44, North 85°19'00"' East, 47.11 feet; thence North 52°13'47" West, 101.69 feet to the POINT OF BEGINNING.

Containing an area of 1,617.0 square feet, more or less.

The land described hereon is shown on the attached plat, Exhibit "B"', and is by reference, made a part thereof.

End of description.
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Exhibit B
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CITY OF CUPERTINO
Agenda Item
22-11619 Agenda Date:
11/15/2022 Agenda #:

21. Subject: Consider approval of a Final Map and the Subdivision Improvement Agreement for the Alan Row Development Project (Tract No. 10587; Applicant: Alan Enterprise, LLC; Location: 22690 Stevens Creek Boulevard; APN's: 342-14-104, 342-14-105, and 342-14-066 Adopt Resolution No. 22-140:
1) Approving the final map;
2) Accepting the street dedication and public service easements and abandoning redundant public roadway easements as shown on the map; and
3) Authorizing the City Engineer to execute and record the Subdivision Improvement Agreement CITY OF CUPERTINO Page 1 of 1 Printed on 11/9/2022
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CITY COUNCIL STAFF REPORT
Meeting: November 15, 2022
Subject
Consider approval of a Final Map and the Subdivision Improvement Agreement for the Alan Row Development Project (Tract No. 10587; Applicant: Alan Enterprise, LLC; Location: 22690 Stevens Creek Boulevard; APN’s: 342-14-104, 342-14-105 & 342-14-066.) Recommended Action
Adopt Resolution No. 22-XXX:
1) Approving the final map;
2) Accepting the street dedication and public service easements and abandoning redundant public roadway easements as shown on the map; and 3) Authorizing the City Engineer to execute and record the Subdivision Improvement Agreement.

Background
The Alan Row Development Project is comprised of three existing parcels that will be subdivided into ten parcels, including one common parcel and nine individual parcels for nine new residential units. The project would demolish the existing commercial building, construct four separate residential buildings, and install street frontage improvements, including new curb, gutter, sidewalk, and green stormwater infrastructure within the new park strips. On January 13, the City Council adopted Resolution No. 22-008 approving a development permit (DP-2020-001) and Resolution No. 22-011 approving a Vesting Tentative Map (TM-2020-001) for the Alan Row Development Project.

In April 2022, subsequent to planning approval, the applicant submitted review of the final map. Concurrently, the applicant submitted permit applications for demolition of the existing commercial building and for onsite and offsite improvements, including building permits. The applicant was issued a demolition permit in September 2022, and the demolition work was completed in October 2022. The building permit application is still under review and is expected to be issued before the end of the year.

Discussion
Final Map
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The proposed final map (Attachment B) includes a public street dedication in fee title and various public service easements necessary to accommodate the approved use. The map also abandons redundant public roadway easements.

Based on staff’s review, the final map is in substantial compliance with the approved tentative map and conforms to the requirements of the Subdivision Map Act and the Cupertino Municipal Code (CMC.) Under the Subdivision Map Act and the Cupertino Municipal Code, approval of the final map is a ministerial act (CMC § 18.16.200(B); Gov.

Code, §§ 66458, 66474.1.) Staff recommends that the City Council approve the final map.

Subdivision Improvement Agreement
The applicant has executed a Subdivision Improvement Agreement (SIA) (Attachment C) with the City. The SIA and the associated improvement plans include, as required by the conditions of approval to the Tentative Map:
a. New curb, gutter, detached sidewalk, driveways, various utility connections, landscaping, and street trees consistent with City standards; b. Installation of green stormwater infrastructure within new park strips to treat a portion of the adjacent impervious roadway surface;
c. Relocation and upsizing of the storm drain main to 24” along Stevens Creek Boulevard, in conformance to recommendations of the Cupertino Storm Drain Master Plan;
d. Intersection upgrades, including modifications to the traffic signals, at Stevens Creek Boulevard and South Foothill Boulevard; and
e. Installation of Class II bike lanes along the project’s Stevens Creek Boulevard and South Foothill Boulevard frontages.

Pursuant to the Cupertino Municipal Code, the SIA requires the applicant to construct these improvements and provide security for their completion. Upon completion, the City will review them for acceptance. The proposed SIA also sets out a schedule for the applicant’s payment of various City fees and bonds. This schedule follows the deadlines set in the Cupertino Municipal Code. Staff therefore recommends that the City Council authorize the City Engineer to execute and record the SIA.

Sustainability Impact
No sustainability impact.

Fiscal Impact
As part of the Vesting Tentative Map approval, the project will be generating the following revenue: Parkland Dedication In-Lieu Fees – $480,000 (280-90-001 406-409), Transportation Impact Fees – $38,199 (271-90-001 450-402), Storm Drainage Fees – $5,081 (215-90-001 406-406), Plan Check & Inspection Fees – $46,960, and Map Review Fees – $12,184 (100-82-804 450-402).
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_____________________________________
Prepared by: Jennifer Chu, Senior Civil Engineer
Reviewed by: Chad Mosley, Assistant Director of Public Works Reviewed by: Matt Morley, Director of Public Works
Approved for Submission by: Pamela Wu, City Manager
Attachments:

A – Draft Resolution
B – Final Map
C – Subdivision Improvement Agreement
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Attachment A
RESOLUTION NO. 22-XXX

A RESOLUTION OF THE CUPERTINO CITY COUNCIL
APPROVING THE FINAL MAP – TRACT NO. 10587, ACCEPTING THE

PUBLIC STREET AND PUBLIC SERVICE EASEMENTS OFFERED FOR

DEDICATION, ABANDONING REDUNDANT PUBLIC ROADWAY

EASEMENTS, AND AUTHORIZING THE CITY ENGINEER TO EXECUTE

THE SUBDIVISION IMPROVEMENT AGREEMENT FOR THE ALAN ROW
DEVELOPMENT PROJECT LOCATED AT 22690 STEVENS CREEK
BOULEVARD (APN: 342-14-104, 342-14-105 & 342-14-066)
WHEREAS, on January 13, 2022, the City Council adopted Resolution No. 22-011 approving a Vesting Tentative Map for a ten-lot subdivision; and WHEREAS, the proposed final map conforms to the requirements of the Subdivision Map Act and the Cupertino Municipal Code and is in substantial compliance with the approved Vesting Tentative Map; and WHEREAS, the Alan Row Development Project, including the Vesting Tentative Map and final map, is described and analyzed in the Initial Study and Mitigated Negative Declaration; and
WHEREAS, prior public roadway easements (Book 0082, Pages 615 & 618) are made redundant by the public roadway dedication in fee title shown on the Final Map; thereby preserving all rights and protections for any public utilities within the area; and
WHEREAS, public roadway dedication and public service easements are necessary to accommodate the approved use of the property and have been offered for dedication and granted with the map; and
WHEREAS, the Subdivision Improvement Agreement has been presented to the Council in a form ready to be executed; and
WHEREAS, the final map for the property located at 22690 Stevens Creek Boulevard (APN 342-14-104, 342-14-105 & 342-14-066) has been presented to the City Council.

NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby approve the final map and authorize its recordation, accept the public roadway 503
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Resolution No. 22-XXX

Page 2 ends

dedication and public service easements, approve the abandonment of the redundant public roadway easement as shown on said map, and authorize the City Engineer to execute and record the Subdivision Improvement Agreement.

BE IT FURTHER RESOLVED that the City Engineer is authorized to make such non-material changes to the final map and Subdivision Improvement Agreement as are necessary to finalize them.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 15th day of November, 2022, by the following vote:

Members of the City Council
AYES:

NOES:

ABSENT:

ABSTAIN:

SIGNED:
________
Darcy Paul, Mayor
City of Cupertino
________________________
Date
ATTEST:
________
Kirsten Squarcia, City Clerk
________________________
Date
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S T A T E O F CA L I F OR N I A

L I C EN SE D L AND SURV E YOR
Attachment B
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Attachment C
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4876-5221-7902v1
NON-BC\25464003
Works, the State of California including without limitation the California Department of Transportation (collectively the “State Specifications”), and in accordance with the specifications of the Cupertino Sanitary District where applicable. Wherever the words “State” or “California Division of Highways” are mentioned in the State Specifications, it shall be considered as referring to the City of Cupertino; also wherever the “Director” or “Director of Public Works” is mentioned, it shall be considered as referring to the City Engineer. In case of conflict between the State Specifications and the specifications of the City, and/or the Cupertino Sanitary District, the specifications of the City and/or the Cupertino Sanitary District shall take precedence over and be used in lieu of such conflicting portions. c. Repair and replacement of damaged public facilities. Subdivider shall, at its own expense, repair or replace all public improvements, public utility facilities, surveying monuments and other public facilities that are destroyed or damaged as a result of the Work. Subdivider shall promptly notify the City Engineer of such damage and shall obtain the City Engineer’s approval of all repair and replacement of damaged facilities.
d. Subdivider’s responsibility until City’s acceptance. Until City accepts the Improvements, Subdivider shall be responsible for the care and maintenance of such Improvements and shall bear all risks of loss or damage to the Improvements. City shall not have any liability for any accident, loss or damage to the Improvements prior to their completion and acceptance by City. City’s acceptance of the Improvements shall not constitute a waiver of any defects in the Improvements or Subdivider’s obligation to repair such defects as provided in Section 8 of this Agreement.
e. Time for installation of Improvements. Subdivider shall install and complete the Improvements within one (1) year from the date of execution of this Agreement, or such longer period as may be specifically authorized in writing by the City Engineer pursuant to section 1(f) of this Agreement. In the event the Subdivider fails or refuses to complete the Work within the specified period of time, the City is hereby authorized to complete the Work in whatever manner the City shall decide. In the event the City completes the Work, the City may recover all costs incurred thereby from the Subdivider or, pursuant to bonds posted as set out in Section 5 below, the Subdivider’s surety, or both. No final inspection shall be granted or street improvements shall not be accepted unless all the requirements for safety purposes are installed, such as sidewalks, handicap ramps, street lights, etc. f. Time extensions. The City Council authorizes the City Engineer to grant an extension of the time required for the Work pursuant to Cupertino Municipal Code section 18.32.380. The City Engineer, in their discretion, may approve, in writing, a request for extension of the time required for the Work upon a showing of good cause by the Subdivider. Good cause may include, without limitation, delay resulting from an act of the City, acts of God, strikes, boycotts, or similar job actions which prevent the conduct of the Work. The City Engineer shall grant a request for a reasonable extension of time if an action or omission of the City causes a delay in the completion of the Work that the Subdivider could not have reasonably avoided. In approving a request for time extension, the City Engineer may impose reasonable related conditions, such as requiring Subdivider to furnish new or modified improvement security guaranteeing performance of this Agreement, as extended, in an increased amount necessary to compensate for any projected increase in the estimated total cost of Improvements, as determined by the City Engineer. g. Permits. Subdivider shall, at its own expense, obtain, and comply with the conditions of all necessary permits and licenses for the construction of the Improvements and give all necessary notices and pay all fees and taxes required by law.
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2. ACQUISITION AND DEDICATION OF EASEMENTS OR RIGHTS OF WAY a. Subdivider agrees to dedicate the real property offered for dedication as shown on Tract No. 10587, as filed for record with the County of Santa Clara, which is made a part hereof by reference (the “Dedicated Property”). Upon the condition precedent that the Subdivider shall perform each and every covenant and condition of this Agreement, the City agrees to accept said real property offered for dedication.

The Dedicated Property shall be free and clear of all liens or encumbrances except those which the City agrees to waive in writing. Subdivider agrees not to revoke this offer of dedication, and to keep said offer open until the City accepts offer. Upon execution of this Agreement, Subdivider agrees to deliver a properly executed grant deed to the City of the Dedicated Property, and such other executed conveyances, or instruments necessary to convey clear title as herein required. The Subdivider shall provide, at the Subdivider’s sole cost and expense, to the City at the time of acceptance of dedication and recordation of deed, (1) a preliminary title report issued by a title insurance company relating to the property offered for dedication, and (2) a standard policy of title insurance issued by a title insurance company and insuring the City, showing that the Dedicated Property is free and clear of all liens or encumbrances except any that the City expressly agreed to waive.
b. Subdivider shall acquire any easement and right-of-way necessary for completion of the Project at its own cost and expense. However, that in the event eminent domain proceedings are required, the City for the purpose of securing said easement and right-of-way, Subdivider shall deposit with City, a sum covering (i) the reasonable market value of the interest proposed to be taken and (ii) a reasonable allowance for severance damages, if any, and (iii) estimated legal fees and costs, engineering, and other incidental costs in such reasonable amounts as the City may require.

3. INSPECTION AND FINAL ACCEPTANCE
a. Subdivider shall at all times maintain proper facilities and safe access for inspection of the Improvements by the City Engineer.
b. Upon completion of the Improvements in compliance with the Improvement Plans and all applicable standards, the City Engineer or, for facilities to be accepted by the Cupertino Sanitary District, the District Engineer, shall perform a final inspection to determine the completeness of the Improvements.

If the City and/or District Engineer determines the Improvements are complete and meet all applicable standards and specifications, he or she shall issue a Notice of Completion pursuant to Cupertino City Code Section 18.32.400.
c. Subdivider shall bear all costs of inspection and certification for acceptance. Acceptance by the City Engineer and/or District Engineer shall not constitute a waiver by the City and/or Cupertino Sanitary District of any defects in the Improvements.

4. GROUNDWATER RIGHTS
Subdivider, when requested by the City, shall quitclaim all his/her rights and interests in, and shall grant to City authorization to extract water from the underground strata lying beneath said project. Subdivider agrees to execute a “Quitclaim Deed and Authorization” regarding such rights, in favor of City upon such request.
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5. SECURITY
a. Required Security. Prior to execution of this Agreement, Subdivider shall provide the following security to City in one of the forms set out in Section 5.b below. (1) Faithful performance. Security for faithful performance of this Agreement in the amount set forth in Part A of Exhibit A.
(2) Labor and Materials. Security for labor and materials in the amount set forth in Part B of Exhibit A.
b. Form of Security. Subdivider shall provide as security, bonds executed by a surety company authorized to transact a surety business in the State of California and approved by the City as to sufficiency.

In the event that the Subdivider shall fail to faithfully perform the covenants and conditions of this Agreement, or to make any payment, or any dedication of land, or any improvements herein required, the City shall call on the surety to perform this Agreement or otherwise indemnify the City for the Subdivider’s failure to do so.

In lieu of a surety bond, the Subdivider may, with the City’s consent, which the City may grant or withhold in its sole and absolute discretion, elect to secure its performance of this Agreement by depositing with the City (1) Cash; (2) A cashier’s check, or a certified check payable to the order of the City of Cupertino; or (3) A certificate of deposit, or instrument of credit acceptable to the City and meeting the requirements of Government Code Section 66499 (a) or (b). The amount of said cash, checks, certificate of deposit, or instrument of credit shall be as Subdivider set forth in Parts A and/or B of Exhibit A. In the event that the Subdivider shall fail to faithfully perform the covenants and conditions of this Agreement, or to make any payment, or any dedication of land, or any improvements herein required, the City may apply the proceeds of said security thereto.
c. Release of Security. Security shall be released as follows:
(1) Upon the Director’s issuance of a Notice of Completion for the Infrastructure in accordance with Section 3(b), 90 percent of the faithful performance security shall be released. The Security remaining following such release is referred to herein as the “Remaining Security.”. (2) Release of the remaining 10 percent of the faithful performance security at one year from acceptance, or if the City issues a written notice or notices of defect pursuant to Section 8, one year after all such defects have been corrected, provided that prior to the release of the remaining amount the Director of Public Works shall have certified that no claims regarding the workmanship or quality of the Infrastructure have been filed against the City, all such claims have been satisfied, withdrawn, or otherwise secured by bond or other security approved by the City Engineer.
(3) Release of the entire labor and material security at six months from acceptance, or if the City issues a written notice or notices of defect pursuant to Section 8, six months after all such defects have been corrected, provided that prior to the release of the security, the Director of Public Works shall have certified that no claims by any contractor, subcontractor or person furnishing labor, materials or equipment for the Infrastructure has been filed against the City.

In the event that claims have been filed, the land and materials security may be reduced to an amount equal to the total amount claimed by all claimants for whom liens have been filed and of which notice has been given to the City, plus an amount reasonably determined by the City Engineer to be required to assure the performance of any other obligations secured by the 511
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security. The balance of the security shall be released upon settlement or release of all claims and obligations for which the security was given.

6. PAYMENT OF REQUIRED FEES
a. Permits and licenses. Subdivider shall, at its sole expense, obtain all necessary permits and licenses for the construction and installation of the Improvements, give all necessary notices, and pay all fees required by City ordinance, including but not limited to the fees described in this Agreement, and all taxes required by law.
b. Fees. The Parties acknowledge that as a precondition to the execution of this Agreement, Subdivider has paid fees in the amounts set forth in Exhibit A, including but not limited to the following:
(1) Inspection Fees. Subdivider shall pay all necessary direct expenses for inspection, checking, etc. incurred by City in connection with said Project, and that Subdivider shall have deposited sufficient funds with City, prior to execution of this Agreement. Should construction costs vary materially from the estimate from which this sum is calculated, the City Engineer shall notify Subdivider of any additional sum due and owing as a result thereof. (2) Storm Drainage Fee. Subdivider shall deposit with the City, prior to execution of this Agreement, a storm drainage charge in connection with the said Project in accordance with the requirements established in Resolution 4422, March 21, 1977. (3) Map Checking Fee. Subdivider shall deposit with City, prior to execution of this Agreement, for office checking of final map and field checking of street monuments, in compliance with Section 4:1 of Ordinance No. 47 (Revised 12/04/61) of City.
(4) Park Fee. Subdivider shall pay such fees and/or dedicate such land to the City, prior to execution of this Agreement, as is required within Section 18.24.030, Park Land Dedication, Cupertino Municipal Code. Park fees are calculated in accordance with action originally adopted by the City Council on March 19, 1991 and Chapter 14.05 or Section 18.24.030 of the Cupertino Municipal Code and as subsequently amended.
(5) Transportation Impact Fee. Subdivider shall pay such fees, prior to execution of this Agreement, as is required under Chapter 14.02 of the Cupertino Municipal Code.

7. STREET TREE INSTALLATION
Subdivider shall provide funds in the amount specified in Part F of Exhibit A, to the City for purchase and planting of street trees as deemed appropriate by the City Engineer; or shall, at the discretion and at such time as deemed appropriate by the City Engineer, plant street trees in conformance with the standards of the City of Cupertino. The variety, number and location of trees are subject to City’s prior approval.

8. MAINTENANCE AND WARRANTY
a. Warranty Period. Subdivider guarantees and warrants the Improvements and agrees to remedy any defects, damages, or imperfections in the Improvements arising from faulty or defective materials or construction of the Improvements for a period of one (1) year after City’s acceptance of the Improvements.

Subdivider’s obligation under this section shall include the repair, replacement, or reconstruction of all irrigation systems and all trees, shrubs, ground cover and landscaping for the required one-year period. 512
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b. Warranty repairs and replacements. If, within the warranty period, the Improvements or any part of the Improvements fail to fulfill any of the requirements of this Agreement or the Improvement Plans, Subdivider shall repair, replace or reconstruct any defective or otherwise unsatisfactory parts of the Improvements without delay and at no cost to City. If (a) Subdivider fails to commence repairs within thirty (30) days of the date of mailed written notice from City, or (b) City determines that public safety requires repair before Subdivider can be notified, City may, at its sole option, perform the required repair itself.

Subdivider agrees to pay the cost of any repairs City performs pursuant to this agreement and City may, at its sole option, recover that cost through the security provide under this Agreement and, as to any deficiency after the application of the security, as a lien against Subdivider’s property within the Subdivision.

9. SANITARY DISTRICT
Subdivider shall file with the City, upon execution of this Agreement, a letter from the Cupertino Sanitary District stating that the Subdivider has submitted plans for review by the District and that sanitary sewers are available to serve all lots within the Project.

10. GOVERNMENT COSTS
Subdivider shall file with the City, upon execution of this Agreement, substantial evidence that all provisions of Section 66493, Article 8, Chapter 4 of the Government Code, pertaining to special assessments or bonds, have been complied with.

11. UTILITIES
Subdivider shall pay to Pacific Gas and Electric Company, AT&T, and/or appropriate utility companies, all fees required for installation of overhead and/or underground wiring circuits to all electroliers within said property and all fees required for undergrounding as provided in Ordinance No. 331 or subsequently adopted ordinances of City or regulations of the appropriate utilities when the Subdivider is notified by either the City Engineer, Pacific Gas and Electric Company, AT&T, or appropriate utility companies that said fees are due and payable.

12. HOLD HARMLESS AND INDEMNIFICATION
a. To the fullest extent allowed by law, Subdivider shall indemnify and hold harmless City, its City Council, boards and commissions, officers, officials, agents, employees, servants, consultants and volunteers (hereinafter, “Indemnitees”) from and against any liability, loss, damage, expense, and cost (including reasonable legal fees and costs of litigation or arbitration), resulting from injury to or death of any person, damage to property, or liability for other claims, stop notices, demands, causes of actions and actions, arising out of or in any way related to Subdivider’s performance or nonperformance of his/her duties under this Agreement, or from negligent acts or omissions or willful misconduct of Subdivider, its agents, employees, contractors, or subcontractors. Subdivider shall, at his/her own cost and expense, defend any and all claims, actions, suits or legal proceedings that may be brought against the City or any of the Indemnitees (with counsel acceptable to City) in connection with this Agreement or arising out of Subdivider’s performance or nonperformance of his/her duties and obligations hereunder, including all claims, demands, causes of action, liability or loss because of or arising out of, in whole or in part, the design and construction of the improvements. This indemnification and agreement to hold harmless shall extend to injuries to persons and damages or taking of property resulting from the design or construction 513
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of the Subdivision, and the public improvements described in this Agreement, and in addition, to adjacent property owners as a consequence of the diversion of waters from the design or construction of public drainage systems, streets and other public improvements, except to the extent any of the foregoing is caused by the negligence or willful misconduct of the City or the City’s agents, employees and independent contractors.
b. Acceptance by City of the Improvements shall not constitute an assumption by City of any responsibility for any damage covered by this section. City shall not be responsible for the design or construction of the Subdivision or the improvements pursuant to the approved Improvement Plans or map, regardless of any negligent action or inaction taken by the City in approving the plans or map, unless the particular improvement design was specifically required by City over written objection by Subdivider, indicating that the particular improvement design was dangerous or defective and suggested an alternative safe and feasible design, submitted to the City Engineer before approval of the particular improvement design.
c. After City’s acceptance of the Improvements, Subdivider shall remain obligated to correct or eliminate any defect in design or dangerous condition created by defects in design or construction, provided however, that Subdivider shall not be responsible for routine maintenance. Provisions of this section shall remain in full force and effect for ten (10) years following City’s acceptance of the Improvements. Subdivider acknowledges and agrees that Subdivider shall be responsible and liable for the design and construction of the Improvements and other work done pursuant to this Agreement and that City shall not be liable for any acts or omissions in approving, reviewing, checking, correcting, or modifying any Improvement Plans or related specifications or in approving, reviewing or inspecting any work or construction. The improvement security shall not be required to cover the provisions of this paragraph beyond the guarantee and warranty period specified in this agreement.

13. INSURANCE
Prior to commencing any of the Work, Subdivider shall procure and maintain for the duration of the Work, plus an additional year from the date of acceptance for the Commercial General Liability coverage specified below, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by Subdivider, its contractor, agents, representatives, employees or subcontractors.

Coverage shall be at least as broad as:

1. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 covering CGL on an “occurrence” basis, written on a comprehensive general liability form, and must include coverage for liability arising from Subdivider’s Contractors acts or omissions, including Contractor’s protected coverage, blanket contractual, products and completed operations, vehicle coverage and employer’s non-ownership liability coverage, with limits of at least $2,000,000 per occurrence. The CGL policy must protect against any and all liability for personal injury, death, property damage or destruction, and personal and advertising injury. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
a. Any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be made available to the Additional Insured and shall be (1) the 514
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minimum coverage/limits specified in this agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy, whichever is greater. b. Additional Insured coverage under Subdivider’s policy shall be "primary and non-contributory" and shall be at least as broad as ISO CG 20 01 04 13.
c. The limits of insurance required may be satisfied by a combination of primary and umbrella or excess insurance, provided each policy complies with the requirements set forth in this Contract. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect City as a named insured.

2. Automobile Liability covering owned, hired, and non-owned autos, with limit no less than $1,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation: As required by the State of California, with Statutory Limits, and Employer’s Liability Insurance of no less than $1,000,000 per accident for bodily injury or disease.

If Subdivider maintains broader coverage and/or higher insurance limits, City will be entitled to Subdivider’s broader coverage and/or higher limits.

The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers are to be covered as additional insureds on the CGL policy. Endorsement of CGL coverage shall be at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used.

For any claims related to this Agreement or the Work, Subdivider’s insurance shall be “primary and noncontributory” and at least as broad as ISO CG 20 01 04 13 with respect to City, its officers, officials, employees and volunteers, and shall not seek contribution from City’s insurance. If the limits of insurance are satisfied in part by Umbrella/Excess Insurance, the Umbrella/Excess Insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a “primary and non-contributory” basis for the benefit of City.

Each insurance policy must provide that coverage will not be canceled, except with 30 days’ notice to City.

Each certificate of insurance must state that the coverage afforded by the policy is in force and will not be reduced, cancelled or allowed to expire without at least 30 days advance written notice to City, unless due to non-payment of premiums, in which case ten days advance written notice must be provided to City. Such notice must be sent to City via certified mail and addressed to the attention of the City Manager.

Each required policy must include an endorsement providing that the carrier agrees to waive any right of subrogation it may have against City. Further, Subdivider agrees to waive any rights of subrogation which any of Subdivider’s insurers may acquire from Subdivider by virtue of payment of any loss. Subdivider agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy must be endorsed with a waiver of subrogation in favor of the City for all work performed by Subdivider or Subdivider’s Contractor, its employees, agents and subcontractors.

Insurance must be issued by insurers licensed in the State of California and with an A.M. Best’s financial strength rating of “A VII” or better.
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14. ASSIGNMENT
Subdivider shall not assign this agreement without the prior written consent of the City. Any attempted or purported assignment in violation of this paragraph shall be null and void and have no force or effect. The sale or other disposition of the Project shall not relieve Subdivider of its obligations under this agreement. If Subdivider intends to sell the Project or any portion of the Project to any other person or entity, Subdivider may request a novation of this Agreement and substitution of improvement security.

15. COVENANT RUNNING WITH THE LAND
This Agreement shall inure to the benefit of, and be binding upon the heirs, administrators, successors, assigns and transferees of the Parties, and shall be recorded in the Office of the County Recorder and constitute a covenant running with the land, to which recording the Parties each hereby consent. Upon any sale or division of the Property, the terms, covenants, conditions and restrictions of this agreement shall apply to each parcel, and the owner or owners of each parcel shall succeed to the obligations imposed upon Subdivider by this Agreement.

16. DEFAULT, BREACH, AND REMEDIES TO CITY
a. Default. Default of Subdivider shall include, but not be limited to:
(1) Subdivider’s failure to timely commence construction of Public Improvements under this Agreement;
(2) Subdivider’s failure to timely complete construction of the Improvements; (3) Subdivider’s failure to timely cure any defect in the Improvements; (4) Subdivider’s failure to perform substantial construction work for a period of 20 consecutive calendar days after commencement of the work; (5) Subdivider’s insolvency, appointment of a receiver, or the filing of any petition in bankruptcy, either voluntary or involuntary, which Subdivider fails to discharge within 30 days;
(6) The commencement of a foreclosure action against the Subdivision or a portion thereof, or any conveyance in lieu or in avoidance of foreclosure; (7) Subdivider’s failure to maintain any insurance policy required under this Agreement; or (8) Subdivider’s failure to perform any other obligation under this Agreement. b. The City reserves all remedies available to it at law or in equity for breach of Subdivider’s obligations under this Agreement. The City shall have the right, subject to this section, to draw upon or use the appropriate security to mitigate the City’s damages in the event of default by Subdivider. The City’s right to draw upon or use the security is in addition to any other remedy available to the City. The parties acknowledge that the estimated costs and security amounts may not reflect the actual cost of construction of the improvements and, therefore, the City’s damages for Subdivider’s default shall be measured by the cost of completing the required improvements. The City may use the sums provided by the security for completion of the Improvements in accordance with the Improvement Plans. c. In the event of default, the City shall deliver via first-class U.S. Mail written notice of such default to Subdivider and Subdivider’s surety. If the Subdivider fails to cure any default under this Agreement within thirty (30) days after receiving said notice, the City may provide Subdivider with written notice of its intent to perform the obligations for which Subdivider is in default. Subdivider authorizes the City to 516
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perform the obligations for which Subdivider is in default, subject to the requirements of this paragraph, and agrees to pay the entire cost of such performance by the City. d. The City may take over the Work and complete the Improvements by contract or by any other method the City deems appropriate, at the expense of Subdivider, and Subdivider’s surety shall be liable to the City for any excess cost or damages to the City resulting therefrom. In such event, the City, without liability for so doing, may take possession of and use any of Subdivider’s materials, appliances, plant and other property that are at the work site and are necessary to complete the Improvements. e. Subdivider hereby grants the City an easement over all lands Subdivider owns within the Subdivision, for the purposes of all access, egress, and occupation required to complete the Work in the event that the City exercises its right under this Agreement to do so. Such easement shall terminate without any further action of wither Party upon the completion of all of Subdivider’s obligations under this Agreement, including for avoidance of doubt, obligations under Section 12.c. f. Subdivider’s failure to comply with the terms of this Agreement constitutes Subdivider’s consent for the City to file a notice of violation against all lots in the Subdivision or to rescind or otherwise revert the Subdivision to acreage. Subdivider specifically recognizes that the determination of whether a reversion to acreage or recission of the Subdivision approval constitutes an adequate remedy for Subdivider’s default shall be within the City’s sole and absolute discretion. The remedy provided by this Subsection is in addition to all other remedies available to the City, and Subdivider agrees that the choice of remedy or remedies for Subdivider’s breach shall be within the City’s sole and absolute discretion. g. In the event that Subdivider fails to perform any obligation under this Agreement, Subdivider agrees to pay all costs and expenses incurred by City in securing performance of those obligations, including but not limited to fees and charges of architects, engineers, attorneys and other professionals, and costs of suit and reasonable attorneys’ fees.
h. City’s failure to take enforcement action with respect to a default, or to declare a breach, shall not be construed as a waiver of that default or breach or any subsequent default or breach by Subdivider.

17. SUBDIVIDER NOT AGENT OF CITY
Neither Subdivider nor any of Subdivider’s agents or contractors are or shall be considered to be agents of City in connection with the performance of Subdivider’s obligations under this Agreement.

18. SUBDIVIDER TO WARN PUBLIC
Until final acceptance of the improvements, Subdivider shall give good and adequate warning to the public of any dangerous condition of the Improvements, and shall take reasonable actions to protect the public from such dangerous condition.

19. NOTICES
All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the second business day after the deposit thereof in the United States Mail, postage prepaid, registered or certified, addressed as hereinafter provided.
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All notices, demands, requests, or approvals from Subdivider to City shall be addressed to City at:

City of Cupertino
10300 Torre Ave.

Cupertino CA 95014
Attention: Public Works Director/City Engineer
All notices, demands, requests, or approvals from City to Subdivider shall be addressed to Subdivider at:

Alan Enterprise, LLC
33215 Transit Avenue
Union City, CA 94587
Attention: Ali Mozaffari

20. NO VESTING OF RIGHTS
Performance by Subdivider of this Agreement shall not be construed to vest Subdivider’s rights with respect to any change in any zoning or building law or ordinance; provided, however, that Subdivider’s agreement to this section shall not be construed as a waiver of any common law or statutory vested right.

21. TIME IS OF THE ESSENCE
Time is of the essence in the performance of this agreement by subdivider.

22. NONDISCRIMINATION
Subdivider, its agents, employees, contractors and subcontractors shall not discriminate in any way against any person on the basis of age, sex, race, color, religion, sexual orientation, actual or perceived gender identity, disability, ethnicity, or national origin in connection with or related to the performance of this Agreement.

23. GOVERNING LAW AND ATTORNEY FEES
This Agreement shall be interpreted under, and enforced by the laws of the State of California excepting any choice of law rules which may direct the application of laws of another jurisdiction. The Agreement and obligations of the parties are subject to all valid laws, orders, rules, and regulations of the authorities having jurisdiction over this Agreement (or the successors of those authorities). Any suits brought pursuant to this Agreement shall be filed with the courts of the County of Santa Clara, State of California.

If City sues to compel Subdivider’s performance of this Agreement, or to recover damages or costs incurred in completing or maintaining the work on the Improvements, Subdivider agrees to pay all attorneys’ fees and other costs and expenses of litigating incurred by the City, even if Subdivider subsequently resumes and completes the work.

24. RELATIONSHIP OF PARTIES
Neither Subdivider nor any of its contractors, employees or agents shall be deemed to be agents of the City in connection with the Performance of Subdivider’s obligations under this agreement. 518
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Exhibit A

SCHEDULE OF BONDS, FEES, AND DEPOSITS
Street Improvement Category:

PART A. Faithful Performance Bond:
$939,218.00
PART B. Labor and Material Bond:
$939,218.00
PART C. Plan Check and Inspection Fee:
$46,960.00
PART D. Transportation Impact Fee:
$38,199.00
PART E. Storm Drainage Fee:

$5,081.00
PART F. Street Tree Fee:
$3,504.00
PART G. Map Checking Fee:
$12,184.00 (PAID)
PART H. Park Fee:
$480,000.00
PART I. Storm Water Management Plan Fee:
$1,521.00
PART J. Grading Permit Fee:
$13,902.00
PART K. Grading Bond:
$231,741.00
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CITY OF CUPERTINO
Agenda Item
22-11474 Agenda Date:
11/15/2022 Agenda #:

22. Subject: City Council hearing to conduct second reading of amendments to implement state legislation (Senate Bill 9), that provides for ministerial approval of up to two units and/or a lot split in a residential singlefamily zone Conduct the second reading and enact Ordinance No. 22-2246: "An Ordinance of the City Council of the City of Cupertino amending chapters 18.20.170, 19.08.030, 19.12.030, 19.12.110, 19.28.040,

19.28.050, 19.28.110, 19.28.150, 19.28.170, 19.40.050, 19.40.060, 19.40.090, and 19.112.060 to adopt standards for ministerial approval of duplexes and lot splits in Single-Family Residential zoning districts."
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CITY COUNCIL STAFF REPORT
Meeting: November 15, 2022
Subject
Consider an ordinance to implement state legislation (Senate Bill 9), that provides for ministerial approval of up to two units and/or a lot split in a residential single-family zone (Application No.:

MCA-2022-001; Applicant: City of Cupertino; Location: Citywide in all residential single-family zones)
Recommended Action
That the City Council conduct the second reading of Ordinance No. 22-2246: "An Ordinance of the City Council of the City of Cupertino amending chapters 18.20.170, 19.08.030, 19.12.030,

19.12.110, 19.28.040, 19.28.050, 19.28.110, 19.28.150, 19.28.170, 19.40.050, 19.40.060, 19.40.090, and

19.112.060 to adopt standards for ministerial approval of duplexes and lot splits in Single-Family Residential zoning districts."
Discussion
Senate Bill 9 (“SB 9”), signed into law in September 2021, conditionally requires cities to ministerially approve up to two, attached or detached, residential units and two-lot subdivisions in single-family residential zones. Interim Ordinance 21-2235, which provided local temporary objective standards for the implementation of SB 9, will expire on December 19, 2022. At the November 1, 2022 meeting, Council conducted the first reading of the proposed ordinance including draft objective standards to implement SB 9. Included in the City Council’s motion are standards to limit grading to three feet for lots steeper than 10%. This is reflected on Pages 16 and 36 of the redline document (Attachment B).

If approved, the ordinance would go into effect on December 15, 2022.

Sustainability Impact
The adoption of standards to implement SB 9 may potentially positively impact sustainability through the allowance of additional infill opportunities and further housing opportunities, while avoiding adverse impacts arising from underregulated SB 9 development. The additional housing created under these provisions may assist in addressing the City’s current jobs-housing imbalance which may in turn influence vehicle miles traveled, also referred to as VMT, and greenhouse gas emissions in the City.
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MCA-2022-001
November 15, 2022 Adoption of Standards to Implement SB 9 Page 2 Fiscal Impact
No fiscal impact. Council approved a permit fee for the new Miscellaneous Ministerial Permit through adoption of Resolution 22-049 while Urban Lot Split proposals will continue to be reviewed under the standard Parcel Map fee. Application of these fees allow the City to recoup the costs of processing such permits.

California Environmental Quality Act (CEQA)
The project is statutorily exempt as, pursuant to Government Code §§ 65852.21(j) and 66411.7(n), the adoption of an ordinance by a city or county implementing the provisions of Government Code §§ 65852.21 and 66411.7 and regulating Urban Lot Splits and two-unit projects is exempt from the requirements of CEQA.

Prepared by: Emi Sugiyama, Assistant Planner
Reviewed by: Luke Connolly, Acting Director of Community Development Approved for Submission by: Pamela Wu, City Manager
Attachments:

A – Ordinance No. 22-2246: "An Ordinance of the City Council of the City of Cupertino…..” B – Redlined Pages of Ordinance Indicating Council Action from November 1 st
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ORDINANCE NO. 22-2246

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

CUPERTINO ADDING OR AMENDING CUPERTINO MUNICIPAL
CODE SECTIONS 18.20.170, 19.08.030, 19.12.030, 19.12.110, 19.28.040,

19.28.050, 19.28.110, 19.28.150, 19.28.170, 19.40.050, 19.40.060, 19.40.090, AND 19.112.060 TO ADOPT STANDARDS FOR MINISTERIAL

APPROVAL OF DUPLEXES AND LOT SPLITS IN SINGLE-FAMILY

RESIDENCE DISTRICTS
SECTION I: PROJECT DESCRIPTION
Application No.: MCA-2022-001
Applicant: City of Cupertino
Location: Single-Family Residential Districts Citywide
SECTION II: RECITALS
WHEREAS, on September 16, 2021, Governor Newsom signed into law Senate Bill 9 (“SB 9”), an act to amend Section 66452.6 of, and to add Sections 65852.21 and 66411.7 to, the Government Code, relating to land use; and
WHEREAS, SB 9 requires a proposed housing development containing no more than two residential units within a single-family residential zone to be considered ministerially, without discretionary review or hearing, if the proposed housing development meets certain requirements; and
WHEREAS, SB 9 further requires a local agency to ministerially approve a parcel map for a lot split of a parcel in a single-family residential zone that meets certain requirements; and
WHEREAS, SB 9 authorizes local jurisdictions to apply objective zoning standards, objective subdivision standards, and objective design standards, subject to certain limitations in statute, and provides that these standards may be embodied in alternative objective land use specifications adopted by a local agency; and WHEREAS, the City Council wishes to adopt objective standards for the approval of housing development projects and parcel maps that are protective of the health, safety, peace, morals, and general welfare of Cupertino residents and consistent with the requirements of State law; and
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Cupertino City Council
November 15, 2022