CC 06-06-2023 Searchable Packet.pdf — Cupertino City Council, June 6, 2023 (part 1 of 3)

CITY OF CUPERTINO

CITY COUNCIL
AGENDA
10350 Torre Avenue, Council Chamber and via Teleconference Tuesday, June 6, 2023
6:45 PM
Televised Regular City Council Meeting (6:45)

IN-PERSON AND TELECONFERENCE / PUBLIC PARTICIPATION INFORMATION Members of the public wishing to observe the meeting may do so in one of the following ways:
1) Attend in person at Cupertino Community Hall, 10350 Torre Avenue. 2) Tune to Comcast Channel 26 and AT&T U-Verse Channel 99 on your TV. 3) The meeting will also be streamed live on and online at www.Cupertino.org/youtube and www.Cupertino.org/webcast
Members of the public wishing to comment on an item on the agenda may do so in the following ways:
1) Appear in person at Cupertino Community Hall. Members of the audience who address the City Council must come to the lectern/microphone, and are requested to complete a Speaker Card and identify themselves. Completion of Speaker Cards and identifying yourself is voluntary and not required to attend the meeting or provide comments.

Members of the public may provide oral public comments during the Regular Meeting as follows:

Oral public comments will be accepted during the meeting. Comments may be made during “oral communications” for matters not on the agenda, and during the public comment period for each agenda item.

Members of the audience who address the City Council must come to the lectern/microphone, and are requested to complete a Speaker Card and identify themselves.

Completion of Speaker Cards and identifying yourself is voluntary and not required to attend the meeting or provide comments.
2) E-mail comments for the meeting by 4:00 p.m. on Tuesday, June 6 to the Council at

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[email protected]. These e-mail comments will also be posted to the City’s website before and after the meeting.

Regular Meeting Teleconferencing Instructions
To address the City Council, click on the link below to register in advance and access the meeting:

Online
Register in advance for this webinar:
https://cityofcupertino.zoom.us/webinar/register/WN_i2S0gDs4Rt2Ubd4VmmIQLA Phone
Dial: 669-900-6833 and enter Webinar ID: 949 8722 7317 (Type *9 to raise hand to speak, *6 to unmute yourself). Unregistered participants will be called on by the last four digits of their phone number.

Or an H.323/SIP room system:

H.323:
162.255.37.11 (US West)
162.255.36.11 (US East)
Meeting ID: 949 8722 7317
SIP: [email protected]
After registering, you will receive a confirmation email containing information about joining the webinar.

Please read the following instructions carefully:

1. You can directly download the teleconference software or connect to the meeting in your internet browser. If you are using your browser, make sure you are using a current and up-to-date browser: Chrome 30+, Firefox 27+, Microsoft Edge 12+, Safari 7+. Certain functionality may be disabled in older browsers, including Internet Explorer.

2. You will be asked to enter an email address and a name, followed by an email with instructions on how to connect to the meeting. Your email address will not be disclosed to the public. If you wish to make an oral public comment but do not wish to provide your name, you may enter “Cupertino Resident” or similar designation.

3. When the Mayor calls for the item on which you wish to speak, click on “raise hand,” or, if you are calling in, press *9. Speakers will be notified shortly before they are called to

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speak.

4. When called, please limit your remarks to the time allotted and the specific agenda topic.

5. Members of the public that wish to share a document must email [email protected] prior to speaking. These documents will posted to the City’s website after the meeting.

CALL TO ORDER

PLEDGE OF ALLEGIANCE

ROLL CALL
CLOSED SESSION REPORT - None
CEREMONIAL ITEMS - None

POSTPONEMENTS AND ORDERS OF THE DAY

ORAL COMMUNICATIONS
This portion of the meeting is reserved for persons wishing to address the Council on any matter within the jurisdiction of the Council and not on the agenda for discussion, including informational items. The total time for Oral Communications will ordinarily be limited to one hour. Individual speakers are limited to three (3) minutes. As necessary, the Chair may further limit the time allowed to individual speakers, or reschedule remaining comments to the end of the meeting on a first come first heard basis, with priority given to students. In most cases, State law will prohibit the Council from discussing or making any decisions with respect to a matter not listed on the agenda. A councilmember may, however, briefly respond to statements made or questions posed by speakers. A councilmember may also ask a question for clarification, provide a reference for factual information, request staff to report back concerning a matter, or request that an item be added to a future City Council agenda in response to public comment.

CONSENT CALENDAR (Items 1-10)
Items appearing on the Consent Calendar are considered routine City business and may be approved by one motion. Typical items may include meeting minutes, awards of contracts, the ratification of accounts payable, and second readings of ordinances. Any member of the Council may request to have an item removed from the Consent Calendar based on the rules set forth in the City Council Procedures Manual. Members of the public may provide input on one or more consent calendar items when the Mayor asks for public comments on the Consent Calendar.

1. Subject: Consider approval of the May 9 City Council minutes Recommended Action: Approve the May 9 City Council minutes

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A - Draft Minutes

2. Subject: Consider approval of the May 16 City Council minutes Recommended Action: Approve the May 16 City Council minutes A - Draft Minutes

3. Subject: Consider approval of the May 17 City Council minutes Recommended Action: Approve the May 17 City Council minutes A - Draft Minutes

4. Subject: Consider executing an Agreement between the City of Cupertino (City) and the Cupertino Chamber of Commerce (Chamber)
Recommended Action: Authorize the City Manager to execute an Agreement between the City of Cupertino and the Cupertino Chamber of Commerce for up to five years, at an annual amount not-to-exceed $52,000
Staff Report
A - Scope of Work
B - Pay Rate Comparison by Cupertino Chamber of Commerce

5. Subject: Consider authorizing the City Manager to execute a Third Amendment to Professional Services agreement with Quartic Solutions, LLC., for software updates and technical support services, increasing the current contract amount by $184,800 over the next three years, for a total contract amount of $354,800 Recommended Action: Authorize the City Manager to execute a Third Amendment to Professional Services agreement with Quartic Solutions, LLC., for software updates and technical support services, increasing the current contract amount by $184,800 over the next three years, for a total contract amount of $354,800 Staff Report
A - Draft Agreement
B - Quartic Solutions Base Agreement No. 21-262
C - First Amendment to Quartic Agreement dated 6-6-22
D - Second Amendment to Quartic Agreement dated 7-13-22

6. Subject: Consider a second reading and act on Ordinance No. 23-2248: "An Ordinance of the City Council of the City of Cupertino amending City Code 9.18 relating to Stormwater Pollution Prevention and Watershed Protection." Recommended Action: Conduct a second reading and enact Ordinance No. 23-2248:
"AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING CITY CODE 9.18 RELATING TO STORMWATER POLLUTION PREVENTION AND WATERSHED PROTECTION".

Staff Report
A - Draft Ordinance

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7. Subject: Consider adoption of a Resolution to request the Metropolitan Transportation Commission (MTC) allocate Fiscal Year (FY) 2023/2024 Transportation Development Act Article 3 (TDA 3) Pedestrian/Bicycle Project funding for the De Anza Boulevard Buffered Bike Lanes Project
Recommended Action: Adopt Resolution No. 23-064 (Attachment A) requesting the MTC allocate $166,259 from FY 2023/2024 TDA 3 Pedestrian/Bicycle Project funding to the City of Cupertino's De Anza Boulevard Buffered Bike Lanes Capital Improvement Programs (CIP) Project
Staff Report
A - Draft Resolution and Application

8. Subject: Consider Fiscal Year (FY) 2023/2024 projects proposed to receive funding from the Road Maintenance and Rehabilitation Account (RMRA) created by Senate Bill (SB) 1 Recommended Action: Adopt Resolution No. 2023-065 (Attachment A) establishing a list of projects proposed to be funded by $1,496,963 of SB 1 revenues, estimated to be received in FY 2023/2024
Staff Report
A - Draft Resolution

9. Subject: Consider award of a construction contract for the 2023 Pavement Maintenance Phase 2 Project to Doolittle Construction, LLC. for asphalt slurry seal on identified roadways throughout the City of Cupertino
Recommended Action: 1. Award a construction contract for the 2023 Pavement Maintenance Phase 2 Project (Project No. 2023-102) in the amount of $579,479 to Doolittle Construction, LLC.;

2. Authorize the City Manager to execute the construction contract when all conditions have been met; and

3. Authorize the Director of Public Works to execute any necessary change orders up to a construction contingency amount of $57,947.90 (10%) for a total contract amount of $637,426.90
Staff Report
A - Draft Contract
B - Street List
C - Location Map

10. Subject: Receive the FY 2021-22 Annual Comprehensive Financial Report (ACFR) and related supplemental reports
Recommended Action: Receive the FY 2021-22 Annual Comprehensive Financial Report (ACFR) and related supplemental reports

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Staff Report
A – FY 2021-22 ACFR
B – FY 2021-22 Management Letter
C – FY 2021-22 SAS 114
D – FY 2021-22 Single Audit
E – FY 2021-22 GANN AUP Report
F – FY 2021-22 Investment AUP Report
G – FY 2021-22 Storm Drain AUP Report
H - Responses to ACFR Questions

PUBLIC HEARINGS
Effective January 1, 2023, Government Code Section 65103.5 (SB 1214) limits the distribution of copyrighted material associated with the review of development projects. Members of the public wishing to view plans that cannot otherwise be distributed under SB 1214 may make an appointment with the Planning Division to view them at City Hall by sending an email to [email protected]. Plans will also be made available digitally during the hearing to consider the proposal.

11. Subject: Consider approval of the renewal (with no increase) of the 1992 Storm Drain Fee and renewal of the 2019 Clean Water and Storm Protection Fee with a 3% increase Recommended Action: Adopt and approve:

1. Resolution No. 23-066 (Attachment A) approving the renewal and collection of the 1992 Storm Drain Fee with no increase in rates for Fiscal Year (FY) 2023-24;

2. Resolution No. 23-067 (Attachment B) approving the renewal and collection of the 2019 Clean Water and Storm Protection Fee with a 3% increase in rates for FY 2023-24;

3. Adjust the annual budget allocation for the cost-share program from $14,000 to $2,000 to better fit the realistic need for new applicants receiving 20% refunds in a single year;

4. Adjust the re-certification period to be four years for all approved participants with an attestation protocol to affirm continued cost-share eligibility; and

5. Discontinue the $12,500 per year previous pavement rebate program for lack of participation and use the funds for support of required activities Staff Report
A - Draft Resolution 1992 Fee
B - Draft Resolution 2019 Fee
C - Clean Water and Storm Protection Fee Ordinance with Fee Report D - Calendar Year 2021 Storm Drain AUP Reports

ACTION CALENDAR

12. Subject: Consider the Recommended Operating and Capital Improvement Program Budgets for Fiscal Year (FY) 2023-24, adoption of the Operating and Capital Improvement Program Budgets for FY 2023-24, establishment of the Appropriation Limit, and related actions.

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Recommended Action: 1. Adopt Resolution No. 23-068 establishing an Operating Budget of $117,645,365 for FY 2023-24, which includes the following changes to the FY 2023-24 Proposed Budget, published on May 5, 2023:
a. Approve the operating budget of $117,762,980 outlined in the FY 2023-24 Proposed Budget.
b. Approve additional appropriations of $8,000 for the Community Funding Grant Program as included in Attachment D.
c. Approve additional appropriations of $8,380 for Movies in the Park as included in Attachment D.
d. Approve additional appropriations of $28,784 for the reclassification of the Emergency Services Manager as included in Attachment D. e. Approve additional appropriations of $4,720 and additional revenue of $175 for County of Santa Clara Environmental Health Permit Fees as included in Attachment D. f. Approve additional appropriations of $146,650 for Golf Course Turf Management as included in Attachment D.
g. Approve a reduction of $154,149 in appropriations resulting from the prepayment of the CalPERS pension plan’s Unfunded Accrued Liability as included in Attachment D.
h. Approve a reduction of $160,000 in appropriations resulting from the elimination of library extra hours funding as included in Attachment D. i. Approve additional estimated revenue of $84,218 resulting from the elimination of festival fee waivers as included in Attachment D.
j. Approve additional revenue of $313,218 resulting from an updated SB 1 (Gas Tax) revenue estimate as included in Attachment D.
k. Approve Community Funding Grants for the following organizations, allocating a total of $32,500:
i. Cupertino Symphonic Band: $4,000
ii. No Time to Waste: $5,000
iii. West Valley Community Services: $10,000
iv. STEMBoost Corporation: $4,000
v. AINAK: $2,500
vi. Omniware Networks: $4,000
vii.Asian American Parents Association: $3,000

2. Adopt Resolution No. 23-069 establishing a Capital Improvement Program Budget of $4,054,000 for FY 2023-24
a. Approve appropriations of $420,000 in the Capital Improvement Program Capital Projects Fund for the Stevens Creek Blvd./Calabazas Creek Storm Drain Repair (infrastructure)
b. Approve appropriations of $172,000 in the Capital Improvement Program Capital Projects Fund for the Stevens Creek Bridge Repair (infrastructure)

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c. Approve appropriations of $35,000 in the Capital Improvement Program Capital Projects Fund for the Street Light Installation - Annual Infill (infrastructure) d. Approve appropriations of $300,000 in the Capital Improvement Program Capital Projects Fund for the Annual Playground Replacement (parks) e. Approve appropriations of $100,000 in the Capital Improvement Program Capital Projects Fund for the ADA Improvements (facilities)
f. Approve appropriations of $1,000,000 in the Capital Improvement Program Capital Projects Fund for the Citywide Building Condition Assessment Implementation (facilities)
g. Approve $2,027,000 of transfers from the Capital Reserve Capital Projects Fund to fund the Capital Improvement Program

3. Adopt Resolution No. 23-070 establishing an Appropriation Limit of $127,886,394 for FY 2023-24
Staff Report
A - Draft Resolution - Operating Budget Budget for Fiscal Year 2022-23 B - Draft Resolution - Capital Budget for Fiscal Year 2022-23 C - Draft Resolution - Appropriation Limit for Fiscal Year 2022-23 D - Budget Adjustments Summary and Detail
E - Appropriations Limit for Fiscal Year 2023-24
F - Appropriations Limit Price and Population Factors
G – Responses to Proposed Budget Study Session Questions H - Planning Commission Adopted Resolution

COUNCIL REPORTS AND COMMENTS

13. Subject: Councilmember Reports
A - Council Reports_Chao
B - Council Reports_Fruen
C - Council Reports_Moore
D - Council Reports_Mohan
E - Council Reports_Wei

CITY MANAGER REPORT

ORAL COMMUNICATIONS - CONTINUED

INFORMATIONAL ITEMS
Information items are intended to provide background information and routine reports to Councilmembers and the public, without discussion by Council. Members of the public wishing to comment on informational items should do so during oral communications.

14. Subject: Informational Memorandum update on drought conditions

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Recommended Action: Receive informational memorandum update on drought conditions
Informational Memorandum
A - City of Cupertino Water Conservation Restriction Measures for City Operations B - Valley Water Resolution 21-68
C - Valley Water Resolution 22-20
D - State of California Proclamation of a State of Emergency E - State of California Executive Order N-10-21
F - State of California Executive Order N-5-23

COUNCIL AND STAFF COMMENTS AND FUTURE AGENDA ITEMS

ADJOURNMENT
Lobbyist Registration and Reporting Requirements: Individuals who influence or attempt to influence legislative or administrative action may be required by the City of Cupertino’s lobbying ordinance (Cupertino Municipal Code Chapter 2.100) to register and report lobbying activity. Persons whose communications regarding any legislative or administrative are solely limited to appearing at or submitting testimony for any public meeting held by the City are not required to register as lobbyists.

For more information about the lobbying ordinance, please contact the City Clerk’s Office at 10300 Torre Avenue, Cupertino, CA 94107; telephone (408) 777-3223; email [email protected]; and website: www.cupertino.org/lobbyist.

The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6; litigation challenging a final decision of the City Council must be brought within 90 days after a decision is announced unless a shorter time is required by State or Federal law.

Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City’s decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk’s office for more information or go to http://www.cupertino.org/cityclerk for a reconsideration petition form.

In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend this meeting who is visually or hearing impaired or has any disability that needs special assistance should call the City Clerk's Office at 408-777-3223, at least 48 hours in advance of the meeting to arrange for assistance. In addition, upon request, in advance, by a person with a disability, meeting agendas and writings distributed for the meeting that are public records will be made available in the appropriate alternative format.

Any writings or documents provided to a majority of the Cupertino City Council after publication of the packet will be made available for public inspection in the City Clerk’s Office located at City Hall, 10300 Torre Avenue, Cupertino, California 95014, during normal business hours; and in Council

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packet archives linked from the agenda/minutes page on the Cupertino web site.

IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipal Code section

2.08.100 written communications sent to the Cupertino City Council, Commissioners or City staff concerning a matter on the agenda are included as supplemental material to the agendized item. These written communications are accessible to the public through the City’s website and kept in packet archives. Do not include any personal or private information in written communications to the City that you do not wish to make public, as written communications are considered public records and will be made publicly available on the City website.

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CITY OF CUPERTINO
Agenda Item
23-12325 Agenda Date: 6/6/2023
Agenda #: 1.

Subject: Consider approval of the May 9 City Council minutes Approve the May 9 City Council minutes
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DRAFT MINUTES

CUPERTINO CITY COUNCIL
Tuesday, May 9, 2023

SPECIAL MEETING
At 6:00 p.m. Mayor Hung Wei called the Special City Council Meeting to order and led the Pledge of Allegiance in the Cupertino Community Hall Council Chamber, 10350 Torre Avenue and via teleconference.

ROLL CALL

Present: Mayor Hung Wei, Vice Mayor Sheila Mohan, and Councilmembers Liang Chao (6:40 p.m.), J.R. Fruen and Kitty Moore. Absent: None.

ACTION CALENDAR

1. Subject: Consider a report regarding the review of potential violations of the City of Cupertino Municipal Code and City policies regarding Council- and commissioner-staff relations (“Report”).

Recommended Action: Consider the recommendations in the Report.

Written communications for this item included a staff presentation, written statements from Councilmembers Chao and Moore, and emails to Council.

Councilmember Moore read a statement and stated that she was recusing herself and left the meeting. (Submitted written comments).

City Attorney Christopher Jensen gave a presentation.

Attorney Linda Daube, with the Law Office of Linda L. Daube, answered questions.

Councilmembers asked questions and made comments.

Mayor Wei reduced the public comment time allowance to two minutes.

Mayor Wei opened the public comment period and the following people spoke. 12 CC 06-06-2023
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Darcy Paul opposed the Report findings and supported working together. (Submitted written comments).

Housing Commissioner Tessa Parish (representing self) ceded their time to Darcy Paul Eric Schaefer ceded their time to Darcy Paul
Lisa Warren ceded their time to Darcy Paul
Martin Won ceded their time to Darcy Paul
Cathy Helgerson opposed the Report findings.

Councilmember Chao joined the meeting.

Donna Austin supported the Report findings.

Brooke Ezzat opposed the Report findings.

Jennifer Griffin opposed the Report findings.

Hema Kundargi supported the Report findings.

San R was concerned about flaws in the Report findings.

Tracy Edwards, representing League of Women Voters Cupertino-Sunnyvale, supported the Report recommendations.

Glenn Fishler supported the Report recommendations.

Xinpei supported the Report recommendations.

Sonali supported working together.

Long Jiao opposed the Report recommendations.

Kathy Stakey asked about the facts and proceedings under the Grand Jury Report and Ms. Daube’s investigation and supported the City Manager’s performance.

Siva supported working together.
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Venkat R was concerned about the Report and supported working together.

Rhoda Fry opposed some Report findings and supported most recommendations and working together. (Submitted written comments).

Ravi Kiran Singh ceded their time to Rhoda Fry.

Carrie O’Leary ceded their time to Rhoda Fry.

William Hershey ceded their time to Rhoda Fry.

Liana Crabtree ceded their time to Rhoda Fry.

Planning Commissioner Muni Madhdhipatla (representing self) opposed the Report findings.

Jean Bedord supported the Report findings and implementing an action plan.

Govind Tatachari supported working together.

Bicycle Pedestrian Commissioner Jennifer Shearin (representing self) supported the Report recommendations.

Bern Steves opposed the Report.

Vinod opposed the Report.

Claudio Bono supported the Report recommendations.

Pamela Hershey opposed the Report findings.

Housing Commissioner Connie Cunningham (representing self) supported the Report recommendations.

Parks and Recreation Commission Seema Lindskog (representing self) supported the Report recommendations.

Debra Timmers supported the Report recommendations.

Rod Sinks supported the Report recommendations.
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Louis Saadati supported the Report recommendations.

R Wang opposed the Report findings and supported working together.

Peggy Griffin opposed the Report findings and supported training on policies and procedures.

Ava Chiao (representing self) supported the Report recommendations.

John Geis supported the Report recommendations.

Gauri Chawla supported the Report recommendations.

Mayor Wei closed the public comment period.

Council recessed from 7:58 p.m. to 8:05 p.m.

Council considered the recommendations in the Report.

At 8:17 p.m., Councilmember Chao read a statement and left the meeting. (Submitted written comments).

Council continued deliberations.

Fruen moved and Wei seconded to adopt the seven staff recommendations in addition to the following:

1. To aid the desire of councilmembers for information, that councilmembers receive training from the City Clerk's office on the use of the city's digital archive system;

2. For the sake of transparency and accountability, that all privileges and protections from disclosure except for the attorney-client privilege and the attorney work-product doctrine be waived as to communications between the City Manager and councilmembers--current or former--constituting any part of the subject-matter of the Fact Finding Report or otherwise relevant thereto, and that such documents be disclosed and posted in a publicly accessible location on the city's website; provided, however, that no confidential personnel information otherwise protected from disclosure shall be released;

3. That the City Attorney's office continue to monitor compliance of councilmembers with the Municipal Code with respect to the Council-staff relationship and to report back to the Council in four to five months with a progress report; 15 CC 06-06-2023
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4. In the event that such progress report includes substantial evidence of continued violations of the Municipal Code with respect to the Council-staff relationship through the end of such reporting period, that staff return to Council at the same meeting with a relevant censure resolution containing appropriate findings of fact, up to and including referral to the District Attorney's office;

5. That Councilmembers Moore and Chao be removed immediately from their respective committee assignments;

6. That the City Attorney's office be directed to make a limited scope referral to the District Attorney's office with respect to the Fact Finding Report's evidence of any current or former councilmember's interference in the hiring and firing decisions that are the province of the City Manager.

Wei made the following friendly amendment:

5. That Councilmembers Moore and Chao be removed immediately from their respective committee assignments; and in the event that progress has been made in five months time, then Council will restore the committee assignments. (Fruen accepted the friendly amendment).

Final Motion:

Fruen moved and Wei seconded to adopt the seven Report recommendations, with additions (as amended):

Report recommendations:

1. Councilmembers should avoid “governance by email” and should rely on their 1:1 meetings with the City Manager to avoid adverse impacts to City operations and to facilitate communication and trust between the Councilmembers and the City Manager and City staff.

2. Councilmembers should attempt to improve the contentious relationship that certain members have had with City staff and should communicate any concerns about staff to the City Manager, who is accountable to the City Council for her staff’s performance.

3. Councilmembers should rely on the advice of and give weight to the recommendations of executive management staff and other professionals in considering items that come before the City Council.

4. The City Council should continue to use the City Work Program as a way to implement Council's goals, and the City should rely on the Work Program to focus resources and determine staffing needs.

5. The 2018 Ethics Code should be used as a basis for developing revisions to a new Ethics Policy.

6. The City Attorney and City Clerk should consider providing Councilmember training on Rosenberg’s Rules of Order.

7. The City Manager should explore ways to resolve Councilmember needs for information, given limited staff resources (e.g., 1:1 meetings); and 16 CC 06-06-2023
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Fruen’s additions:

1. To aid the desire of councilmembers for information, that councilmembers receive training from the City Clerk's office on the use of the city's digital archive system;

The amended motion carried with Chao absent and Moore absent (recused).

ADJOURNMENT
At 8:58 p.m., Mayor Wei adjourned the Special City Council Meeting.

Minutes prepared by:
_________________________
Kirsten Squarcia, City Clerk
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CITY OF CUPERTINO
Agenda Item
22-11705 Agenda Date: 6/6/2023
Agenda #: 2.

Subject: Consider approval of the May 16 City Council minutes Approve the May 16 City Council minutes
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DRAFT MINUTES

CUPERTINO CITY COUNCIL
Tuesday, May 16, 2023
At 6:45 p.m. Mayor Hung Wei called the Regular City Council Meeting to order and led the Pledge of Allegiance in the Cupertino Community Hall Council Chamber, 10350 Torre Avenue and via teleconference.

ROLL CALL

Present: Mayor Hung Wei, Vice Mayor Sheila Mohan, and Councilmembers Liang Chao, J.R.

Fruen, and Kitty Moore. Absent: none.

CLOSED SESSION REPORT – None

CEREMONIAL ITEMS

1. Subject: Presentation from West Valley Community Services on the Annual Impact Report
Recommended Action: Receive the presentation from West Valley Community Services on the Annual Impact Report
Sujatha Venkatraman, Executive Director for West Valley Community Services (WVCS), gave a presentation and WVCS client Joshua Pringle provided comments.

Council received the presentation from West Valley Community Services on the Annual Impact Report.

POSTPONEMENTS AND ORDERS OF THE DAY – None

ORAL COMMUNICATIONS
Brooke Ezzat opposed recent Council actions, including a referral to the District Attorney’s Office regarding councilmembers.

Gary Wipfler was concerned about code violations and property owner behavior at 7573 Prospect Road and supported action from the City in the matter.
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Council unanimously consented to suspend the Council rules of procedure for public comment to allow additional time for Steve Kelly.

Steve Kelly was concerned about code violations and property owner behavior at 7573 Prospect Road and supported action from the City in the matter. (Submitted written comments).

Denise Gantt ceded their time to Steve Kelly.

Paul Ensign ceded their time to Steve Kelly.

Mindy Masli ceded their time to Steve Kelly.

Rhoda Fry was concerned about the budget and a potential payback of sales tax revenues and supported ways to increase revenues and make cuts. (Submitted written comments).

Matthew Tinsley (representing Santa Clara County Office of Education) supported early learning programs for working families and City action to ensure community access to these programs.

Bicycle Pedestrian Commissioner Jennifer Shearin (representing self) supported Councilmember attendance at meetings and Council working together.

Peggy Griffin was concerned about Item 21 ACFR’s actual results when compared to the proposed budget, and the general numbers in both documents. (Submitted written comments).

San R was concerned about the community budget survey questions being limited and supported adding options to allow additional public input.

Chao and Moore added Item 21 FY 2021-22 Annual Comprehensive Financial Report (ACFR) as an item for discussion on a future agenda.

CONSENT CALENDAR (Items 2-12)
Mayor Wei opened the public comment period and the following people spoke.

Peggy Griffin was concerned about the conformity of accounts payables and treasurers reports and the projected numbers for Item 9 Lisa Molaro contract.

Bicycle Pedestrian Commissioner Jennifer Shearin (representing self) supported the use of funds for Item 10 De Anza Boulevard and McClellan Road/Pacifica Drive Intersection Modifications.

Mayor Wei closed the public comment period.
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Fruen moved Mohan seconded to approve the items on the Consent Calendar, except for Item 6 which was pulled for discussion. Ayes: Wei, Mohan, Chao, Fruen, and Moore. Noes: None.

Abstain: None. Absent: None.

Item 6 was placed after the Action Calendar for consideration.

2. Subject: Consider approval of the May 2 City Council minutes Recommended Action: Approve the May 2 City Council minutes

3. Subject: Consider setting a hearing date to declare brush with potential fire hazard a public nuisance and for objections to proposed removal through the Cupertino Brush Abatement Program WUI (Wildland-Urban Interface Fire Area); adopting a resolution declaring properties as having potential fire hazards from brush and authorizing removal
Recommended Action: Adopt Resolution No. 23-053 declaring properties as having potential fire hazards from brush; and set a hearing date of July 6, 2023 to declare brush with potential fire hazard a public nuisance and to hear objections to proposed removal

4. Subject: Consider accepting the City's Investment Policy Recommended Action: Adopt Resolution No. 23-054 accepting the City's Investment Policy
Written communications for this item included an updated supplemental report with staff responses to councilmember questions and an email to Council.

5. Subject: Consider ratifying Accounts Payable for the periods ending March 10, 2023; March 17, 2023; March 24, 2023; March 31, 2023; April 7, 2023; April 14, 2023; April 21, 2023; and April 28, 2023
Recommended Action: A. Adopt Resolution No. 23-055 ratifying Accounts Payable for the Period ending March 10, 2023;
B. Adopt Resolution No. 23-056 ratifying Accounts Payable for the Period ending March 17, 2023;
C. Adopt Resolution No. 23-057 ratifying Accounts Payable for the Period ending March 24, 2023;
D. Adopt Resolution No. 23-058 ratifying Accounts Payable for the Period ending March 31, 2023;
E. Adopt Resolution No. 23-059 ratifying Accounts Payable for the Period ending April 7, 2023;
F. Adopt Resolution No. 23-060 ratifying Accounts Payable for the Period ending April 14, 2023;
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G. Adopt Resolution No. 23-061 ratifying Accounts Payable for the Period ending April 21, 2023; and
H. Adopt Resolution No. 23-062 ratifying Accounts Payable for the Period ending April 28, 2023
Written communications for this item included an updated Supplemental Report with staff responses to councilmember questions and emails to Council.

7. Subject: Consider authorizing the City Manager to execute a services agreement with Arctic Wolf Networks, Inc., for Managed Detection and Response (MDR) security services, for a total cost of $219,552.46 over three years.

Recommended Action: 1.Authorize the City Manager to execute a services agreement with Arctic Wolf Networks, Inc., for Managed Detection and Response (MDR) Security Services, for a total cost of $219,552.46 over three years.

2. Find under Municipal Code section 3.22.060(B). that the formal competitive bidding procedures are impractical for procurement.

8. Subject: Consider authorizing the City Manager to execute a Third Amendment to Professional Services agreement with Avocette Technologies, Inc., for Accela Configuration and Support Services, for $220,000, over the next three years for a total cost of $392,000 across five years
Recommended Action: Authorize the City Manager to execute a Third Amendment to Professional Services agreement with Avocette Technologies, Inc., for Accela Configuration and Support Services for $220,000, over the next three years for a total cost of $392,000 across five years.

9. Subject: Consider an amendment to the recreation agreement between the City of Cupertino and Lisa Molaro, a sole proprietor/individual for ceramics and art instruction.

Recommended Action: Authorize the City Manager to execute a Third Amendment to the recreation agreement between the City of Cupertino and Lisa Molaro, a sole proprietor/individual increasing the amount by $336,941 for a total amount not to exceed $505,941 and extending the term of the agreement to end on August 30, 2025.

10. Subject: Consider rejection of all bids received for the De Anza Boulevard and McClellan Road/Pacifica Drive Intersection Modifications Capital Improvement Programs (CIP) Project.

Recommended Action: Authorize the Director of Public Works to reject all bids received for the De Anza Boulevard and McClellan Road/Pacifica Drive Intersection Modifications CIP Project.

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11. Subject: Consider award of a construction contract for the Pumpkin-Fiesta Storm Drain Improvement Project to Con-Quest Contractors, Inc. for replacement of existing storm drain line and associated improvements.

Recommended Action: 1. Award a construction contract for the Pumpkin-Fiesta Storm Drain Improvement Project (Project No. 2022-01) in the amount of the $1,545,708 to ConQuest Contractors, Inc.;

2. Authorize the City Manager to execute the construction contract with Con-Quest Contractors, Inc. when all conditions have been met; and

3. Authorize the Director of Public Works to execute any necessary construction change orders up to a contingency amount of $154,572 (10%) for a total authorized contract amount of $1,700,280.

12. Subject: Consider rejecting all bids received for the 2023 Pavement Maintenance Phase 1 Project.

Recommended Action: Authorize the Director of Public Works to reject all bids received for the 2023 Pavement Maintenance Phase 1 Project.

Written communications for this item included an email to Council.

PUBLIC HEARINGS – None

ACTION CALENDAR

13. Subject: Consider a first reading of Ordinance No. 23-2248: "An Ordinance of the City Council of the City of Cupertino amending Chapter 9.18 of the Cupertino Municipal Code (CMC) regarding Stormwater Pollution Prevention and Watershed Protection." Recommended Action: Conduct the first reading of Ordinance No. 23-2248: "An Ordinance of the City Council of the City of Cupertino amending Chapter 9.18 of the Cupertino Municipal Code regarding Stormwater Pollution Prevention and Watershed Protection."
Presenter: Ursula Syrova, Environmental Programs Manager Written communications for this item included a staff presentation.

Environmental Programs Manager Ursula Syrova gave a presentation.

Councilmembers asked questions and made comments.

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

Peggy Griffin opposed removal of the “Bio-retention area” definition and supported a 23 CC 06-06-2023
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modification for bulky items. (Submitted written comments).

Mayor Wei closed the public comment period.

City Clerk Kirsten Squarcia read the title of Ordinance No. 23-2248: "An Ordinance of the City Council of the City of Cupertino amending Chapter 9.18 of the Cupertino Municipal Code (CMC) regarding Stormwater Pollution Prevention and Watershed Protection.” Moore moved and Fruen seconded for the City Clerk to read the title of Ordinance No. 23-2248, that further reading of the Ordinance be waived, and that the City Council conduct the first reading of the Ordinance by title only. Ayes: Wei, Mohan, Chao, Fruen, and Moore. Noes: None. Abstain: None. Absent: None.

ITEMS REMOVED FROM THE CONSENT CALENDAR

6. Subject: Consider the City Manager's Third Quarter Financial Report for Fiscal Year 2022-23
Recommended Action: 1. Receive the City Manager's Third Quarter Financial Report for FY 2022-23;

2. Adopt Resolution No. 23-063 approving Budget Modification 23-277 decreasing appropriations by $2,758,528 and increasing revenues by $4,902,598 Written communications for this item included a supplemental report with staff responses to councilmember questions and emails to Council.

This item was pulled from the Consent Calendar for discussion.

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

Peggy Griffin supported staff bringing back the City Hall remodel/rebuild project and was concerned about the use of in-lieu fees.

Mayor Wei closed the public comment period.

Councilmembers asked questions and made comments.

Mohan moved and Fruen seconded to:

1. Receive the City Manager's Third Quarter Financial Report for FY 2022-23; and

2. Adopt Resolution No. 23-063 approving Budget Modification 23-277 decreasing appropriations by $2,758,528 and increasing revenues by $4,902,598.

The motion carried unanimously.
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COUNCIL REPORTS AND COMMENTS

14. Subject: Councilmember Reports
Councilmembers reported on their various committees and activities as provided in the published agenda.

CITY MANAGER REPORT
City Manager Pamela Wu shared a video showing photos of the recent Cupertino Post Office Dedication Ceremony in honor of Cupertino native and fallen Navy SEAL, Matthew G. Axelson.

ORAL COMMUNICATIONS - CONTINUED – None

INFORMATIONAL ITEMS

15. Subject: FY 2022-2023 City Work Program Third Quarter Update Recommended Action: Receive FY 2022-2023 City Work Program Third Quarter Update
Written communications for this item included a desk item Supplemental Report, Attachment B - Updated FY 2022-2023 City Work Program Q3 Dashboard Printout, and an email to Council.

The FY 2022-2023 City Work Program Third Quarter Update was provided as part of the published agenda.

16. Subject: Receive the Library Construction Audit Report Recommended Action: Receive the Library Construction Audit Report The Library Construction Audit Report was provided as part of the published agenda.

17. Subject: Receive the Monthly Treasurer's Investment Report for March and April 2023 Recommended Action: Receive the Monthly Treasurer's Investment Report for March and April 2023
The Monthly Treasurer's Investment Report for March and April 2023 was provided as part of the published agenda.
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18. Subject: Receive the Monthly Treasurer's Report for March 2023 Recommended Action: Receive the Monthly Treasurer's Report for March 2023 The Monthly Treasurer's Report for March 2023 was provided as part of the published agenda.

19. Subject: Receive the Monthly Treasurer's Report for April 2023 Recommended Action: Receive the Monthly Treasurer's Report for April 2023 The Monthly Treasurer's Report for April 2023 was provided as part of the published agenda.

20. Subject: Receive the Treasurer's Investment Report for the Quarter Ending March 31, 2023
Recommended Action: Receive the Treasurer's Investment Report for the Quarter Ending March 31, 2023
The Treasurer's Investment Report for the Quarter Ending March 31, 2023 was provided as part of the published agenda.

21. Subject: Receive the FY 2021-22 Annual Comprehensive Financial Report (ACFR) and related supplemental reports.

Recommended Action: Receive the FY 2021-22 Annual Comprehensive Financial Report (ACFR) and related supplemental reports.

Written communications for this item included emails to Council.

The FY 2021-22 Annual Comprehensive Financial Report (ACFR) was provided as part of the published agenda.

22. Subject: Receive the report regarding the 2023 Cupertino-Hsinchu Sister City Association Student Exchange Program and Adult Delegation Visit Recommended Action: Receive the report regarding the 2023 Cupertino-Hsinchu Sister City Association Student Exchange Program and Adult Delegation Visit Written communications for this item included an email to Council.

The report regarding the 2023 Cupertino-Hsinchu Sister City Association Student Exchange Program and Adult Delegation Visit was provided as part of the published agenda.
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COUNCIL AND STAFF COMMENTS AND FUTURE AGENDA ITEMS
As noted under Oral Communications, Councilmembers Chao and Moore added Item 21 FY 2021-22 Annual Comprehensive Financial Report (ACFR) to a future agenda for discussion.

ADJOURNMENT
At 8:05 p.m., Mayor Wei adjourned the Regular City Council Meeting.

Minutes prepared by:
_________________________
Kirsten Squarcia, City Clerk
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CITY OF CUPERTINO
Agenda Item
23-12326 Agenda Date: 6/6/2023
Agenda #: 3.

Subject: Consider approval of the May 17 City Council minutes Approve the May 17 City Council minutes
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DRAFT MINUTES

CUPERTINO CITY COUNCIL
Wednesday, May 17, 2023

SPECIAL MEETING
At 5:00 p.m. Mayor Hung Wei called the Special City Council Meeting to order and led the Pledge of Allegiance in the Cupertino Community Hall Council Chamber, 10350 Torre Avenue and via teleconference.

ROLL CALL

Present: Mayor Hung Wei, Vice Mayor Sheila Mohan, and Councilmembers Liang Chao, J.R.

Fruen and Kitty Moore. Absent: none.

STUDY SESSION

1. Subject: Initial Study Session on Fiscal Year (FY) 2023-24 Proposed Operating and Capital Improvement Program Budgets
Recommended Action: Conduct initial Study Session on Fiscal Year (FY) 23-24 Proposed Operating and Capital Improvement Program Budgets and provide direction to staff
Written communications for this item included a staff presentation, desk items FY 2023- 23 Proposed Budget - Development Revenue Estimates and FY 2023-23 Proposed Budget - FY 2023-24 Cost Chart, and emails to Council.

City Manager Pamela Wu provided an overview and reviewed the Community Budget Survey process.

Director of Administrative Services Kristina Alfaro and Budget Manager Thomas Leung gave a presentation on the Fiscal Year 2023-24 Proposed Budget.

City staff presented Budget Requests by Department:
 Director of Administrative Services Kristina Alfaro presented for the 29 CC 06-06-2023
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Administrative Services Department;
 Assistant City Manager Matt Morley presented for the City Manager’s Office, Council and Commissions, and Law Enforcement, including the City Work Program;
 Chief Technology Officer Bill Mitchell presented for the Innovation and Technology Department;
 Parks and Recreation Director Rachelle Sander presented for the Parks and Recreation Department;
 Community Development Director Ben Fu presented for the Community Development Department;
 Interim Public Works Director Chad Mosley presented for the Public Works Department, including the Capital Improvement Program (CIP); and  Budget Manager Thomas Leung presented non-departmental items.

Director of Administrative Services Kristina Alfaro presented issues and challenges and next steps.

Councilmembers asked questions and made comments.

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

Jennifer Griffin opposed selling City real estate and supported appealing the sales tax audit and cross-training staff to offset vacant positions.

Rhoda Fry opposed using fund savings and supported additional reductions and other revenue generating options. (Submitted written comments).

Dave McLeroy supported reducing costs through water reduction and training staff on these procedures.

Jean Bedord was concerned about a loss of property tax revenues and supported options to attract development and increase revenues.

Housing Commissioner Govind Tatachari (representing self) supported prioritizing funding for community services and limiting law enforcement costs.

San R supported reducing headcount and public works projects and opposed reductions in recreation programs.

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Ava Chiao (representing self) supported Council working together, public input on the process, and City staff contributions.

Louise Saadati supported Council working together and staff coordination and opposed staff reductions.

Mayor Wei closed the public comment period.

Council recessed from 7:01 p.m. to 7:08 p.m.

Councilmembers provided the following comments:
 Moore: restate the $1M+ Miscellaneous Revenue line item on Proposed Budget page 276 as an Apple donation for two sheriff’s deputies @2,725 hours/Beat C5; look into the increase in emergency response times; provide total costs to date for City Hall renovation studies; provide complete numbers and specifics for festival fees/waived fees.
 Chao: revisit festival costs; provide information on all community funding including Historical Society and Sister City expenses; provide an explanation for reduction in law response time; provide options for more staff reductions.  Mohan: look at impacts on level of service when cutting positions; develop payback plan for reserves when balancing the budget in future years.  Fruen: there is a desire to save certain community events- provide a list of how many additional vacant positions would need to be removed in order to cover those events; supports looking at impacts to level of service when unable to fill positions or retain people over a duration of time.
 Wei: there is flexibility on not filling additional vacancies before eliminating staff positions; opportunities to estimate future property taxes from completion of development projects.

Council recessed from 7:36 p.m. to 8:01 p.m.

Councilmembers made the following recommendations:
 Moore: remove the City Manager contingency fund; remove the 1.25% material and contract contingency.
 Chao: continue Art in Unexpected Places, Public Safety Forum, Bobateeno, and Movies in the Park events.
 Mohan: supports increase in funding for community grants.  Wei: revisit options to keep community grant funding, including Shakespeare in the 31 CC 06-06-2023
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Park; supports not filling current 14 vacancies; use unassigned budget to preserve more community events and programs.

Council conducted straw polls on the following recommendations:

A. Restore full community funding to $32,500 / Funds: +$8,000 The straw poll resulted in 5-0 Ayes (Unanimous).

1. Remove City Manager’s contingency / Funds: -$50,000
The straw poll resulted in 4-1 Noes (Moore voting yes).

2. Remove 1.25% material and contract contingency / Funds: -$271,000 The straw poll resulted in 4-1 Noes (Moore voting yes).

3. Continue Public Safety Forum dinner / Funds: $5,000
There was no straw poll on this item.

4. Retain Art in Unexpected places / Funds: $10,000 plus heavy staff effort The straw poll resulted in 4-1 Noes (Chao voting yes).

5. Continue Bobateeno / Funds: $5,000 plus 10 part-time employees The straw poll resulted in 4-1 Noes (Chao voting yes).

6. Continue Movies in The Park / Funds: $3,000 plus 6 part-time employees The straw poll resulted in 5-0 Ayes (Unanimous).

7. Reduce staff by an additional 14 full time employees / Funds: -$2,700,000 The straw poll resulted in 5-0 Noes (Unanimous).

8. Any additional costs will be funded with:
a. additional use of fund balance
The straw poll resulted in 4-1 Ayes (Moore voting no).
b. additional reduction of staff
The straw poll resulted in 5-0 Noes (Unanimous).
c. creative ways for funding
The straw poll resulted in 4-1 Noes (Moore voting yes).

9. Bring information on the 30 current vacant positions – their roles and impacts. Bring options for potentially more staffing cuts (1, 2, 4) and their impacts on services and expenditures, either on June 6 or in Q1 as the City staff’s workload permits.

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Councilmembers and staff provided closing comments.

Council conducted the initial Study Session on Fiscal Year (FY) 23-24 Proposed Operating and Capital Improvement Program Budgets.

ADJOURNMENT
At 9:11 p.m., Mayor Wei adjourned the Special City Council Meeting.

Minutes prepared by:
___________________ ______
Kirsten Squarcia, City Clerk
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CITY OF CUPERTINO
Agenda Item
23-12330 Agenda Date: 6/6/2023
Agenda #: 4.

Subject: Consider executing an Agreement between the City of Cupertino (City) and the Cupertino Chamber of Commerce (Chamber)
Authorize the City Manager to execute an Agreement between the City of Cupertino and the Cupertino Chamber of Commerce for up to five years, at an annual amount not-to-exceed $52,000 CITY OF CUPERTINO Page 1 of 1 Printed on 5/31/2023
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CITY COUNCIL STAFF REPORT
Meeting: June 6, 2023
Subject
Consider executing an Agreement between the City of Cupertino (City) and the Cupertino Chamber of Commerce (Chamber).

Recommended Action
Authorize the City Manager to execute an Agreement between the City of Cupertino and the Cupertino Chamber of Commerce for up to five years, at an annual amount not-toexceed $52,000.

Background
The City has had a long tradition of working with the Chamber in serving local business.

These efforts have never been officially recognized. With new leadership at the Chamber and the City Administration, there is an opportunity to review and solidify a partnership between the two organizations through an agreement that better addresses both organizations’ contributions to and expectations of the partnership.

The intent of this agreement is to clearly lay out forward looking performance commitments from both organizations to ensure clear understandings are in place. The lack of structure around, and benefits of past interactions with the Chamber have been reviewed and discussed by the Council over time. For a summary the Council may refer to Item 19 from the June 21, 2022 City Council Meeting.

Reasons for Recommendation
Significant economic realignments and events including the recent COVID-19 pandemic have underscored the need for local governments to adopt a coordinated and comprehensive approach to supporting businesses through various challenges. Working with partners who share its mission and values can greatly enhance these efforts.

The Chamber is a business advocacy organization dedicated to fostering economic development in Cupertino by serving and representing the collective interests of the local business community. The Chamber's mission aligns with the City’s goal to create an environment in which businesses can prosper.
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The Chamber offers a wide range of services and programs designed to support local businesses. These include networking opportunities, educational workshops, one-on-one technical assistance, and mentorship programs. They also present business owners in a positive light to the community through marketing campaigns. These efforts help businesses gain access to opportunities to make connections leading to new customers and partnerships.

In light of the post-pandemic evolving economic dynamic and increased need for economic development, staff will be refocusing on the core functions of economic development and relying on the Chamber to service local business audiences. Examples of labor division between City staff and the Chamber are as follows: City staff will primarily focus on business attraction and retention strategies, market trends analysis, policy development and implementation, and development and permit facilitation. The Chamber will complement these efforts in performing needed outreach to property owners and tenants to fill vacant spaces and engaging with investors and developers to encourage revenue-generating projects.

The Agreement is intended to foster collaboration between the City and local businesses by facilitating additional communication channels, enhancing the exchange of information, ideas, and best practices. This collaboration will deepen the understanding of the needs and challenges faced by businesses, enabling the City to develop targeted initiatives and policies that support their growth.

Summary of Agreement Scope
The scope of work as detailed in Attachment A presents the roles and responsibilities of both the City and the Chamber, ensuring clarity and transparency. It also defines specific areas of collaboration, such as economic development initiatives, business support programs, joint marketing efforts, and stakeholder engagement.

Specifically, services to be provided by the Chamber would consist of the following:

1. Technical Assistance – The Chamber will provide information to existing and prospective businesses on how to open, operate, and grow their business. In addition, the Chamber will host technical assistance seminars, coordinate ribbon cuttings and grand openings, and support City programs and initiatives such as the Cupertino Business Outreach Program visits and surveys.

2. Marketing and Promotion – The Chamber will develop and maintain a Cupertino Dashboard, market and promote City-organized business events, support Small Business Saturday and other marketing campaigns, and conduct outreach and education regarding policy changes to all businesses.

3. Events & Meetings – The Chamber will provide opportunities for City representatives to attend networking events and meetings, host professional women’s luncheons, and organize broker breakfasts.

4. Other – Chamber membership for the City (currently set at $2,500) will be included as part of the agreement.
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Staff is proposing an Agreement for an amount not to exceed $52,000 ($50/hour x 1,040 hours/year). The term of the contract would be for five years with an initial term of one year, and options to renew for up to four additional years. The options for renewal allow the City to continue the agreement from year to year if the Chamber performance continues to benefit the City.

As further described in Attachment A, the Chamber would be responsible for providing to the City a variety of quarterly updates for services rendered to both Chamber members and non-members.

The agreement would be administered and monitored by the Economic Development Division of the City Manager’s Office.

Sustainability Impact
No sustainability impact.

Fiscal Impact
Funding for this Agreement is proposed as part of the Economic Development Division Base Budget as part of the FY 23-24 Proposed Budget.

California Environmental Quality Act
Not applicable.
_____________________________________
Prepared by: Tina Kapoor, Deputy City Manager
Reviewed by: Chris Jensen, City Attorney
Matt Morley, Assistant City Manager
Approved for Submission by: Pamela Wu, City Manager
Attachments:

A – Scope of Work
B – Pay Rate Comparison by Cupertino Chamber of Commerce 37 CC 06-06-2023
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ATTACHMENT A
SCOPE OF WORK – CUPERTINO CHAMBER OF COMMERCE
Services to include, but not limited to, the following:

1. Technical Assistance:
a. Provide technical assistance services to existing and prospective businesses located in the City of Cupertino and seeking such assistance, including in-person, phone, and email during normal business hours (Monday through Friday 9 am to 5 pm), as well as provide information online through the Chamber website. Information shall include, but not limited to topics such as:
- How to open, operate, or grow your business in Cupertino - Contacts for City services and departments
- Help ensure that individuals and organizations doing business in the City of Cupertino possess a current business license.
- Community events above and beyond those not already provided by the Chamber - Recreational amenities
- Retail shopping and dining amenities
- Lodging and conference facilities
- Refer businesses and individuals to other businesses located in Cupertino. - Other general information requests
b. Support business programs and initiatives developed by the City including but not limited to the Cupertino Business Outreach Program and business surveys. c. Plan and host at least four (4) technical assistance seminars/webinars each year and select topics with the City that are pertinent to small businesses such as public safety in commercial areas, doing business in Cupertino focused on multi-lingual and multicultural businesses, green business practices, digital marketing, etc. d. Participate in and secure business representation for exercises related to business resiliency and continuity as part of the City’s Emergency Operations Plan (EOP) update.
e. Assist the City with economic development research or business stakeholder focus groups as needed to gather feedback from the business community. f. Participate in Small Business Technology Platform as a resource provider and conduct outreach to onboard small businesses on the platform.
g. At the request of the City Manager’s Office, coordinate ribbon cuttings for new business openings for businesses with a valid Cupertino business license and regardless of membership status with the Chamber.

2. Marketing & Promotion/Information Dissemination:
a. Develop and produce a Cupertino Dashboard with relevant Cupertino demographic and economic data in coordination with the City. This dashboard will be updated 38 CC 06-06-2023
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quarterly. The City will use this data for business attraction and retention efforts, and to identify emerging trends, and where appropriate, recommend new policies. b. Support ad-hoc requests for information and services from individuals, organizations, and businesses that pertain to the greater Cupertino community. c. Market and promote business-related City events held in Cupertino. d. Conduct outreach and education regarding prospective policy changes, and new city rules and regulations (wages, waste reduction, transportation, Single Use Plastics, etc.) to all businesses in the City.
e. Design and promote current and future marketing campaigns (for example #ShopCupertino and #CupertinoCares).
f. Support Small Business Saturday activities and highlight all small businesses in the City.
g. Create, produce, and maintain an online publication to include information on the City, community, and businesses of Cupertino. Digital publication to be updated quarterly.
h. At its office, the Chamber will make available information provided by the City, which may include, but not limited to:
- The Scene
- Recreation Brochure
- City Contact Information
- Other materials as they become available
i. As appropriate and or as requested by the City, the Chamber will promote City events, programs, services, and alerts.
j. Conduct and share surveys and survey results relevant to the economic health of Cupertino.
k. Working closely with the City Manager’s Office, create a Cupertino promotion strategy for major regional events, including the Superbowl and World Cup Soccer, to present the City in a positive manner and to draw Cupertino into the events.

3. Events/Meetings:
a. Provide and promote opportunities for City representatives to present and connect with businesses at various Chamber and other meetings including but not limited to the Asian American Business Council, Legislative Action Committee, Chamber Board, and Chamber community forums.
b. Host a quarterly professional Women’s business luncheon or speaker series to provide networking opportunities for women in business and hear from a speaker or special presenter on related topics at City facilities at no charge, or other venues around Cupertino, and online.
c. Assist city staff in scheduling and participate in Cupertino Business Outreach Program (CBOP) in-person and virtual meetings with Cupertino businesses. d. Organize commercial and retail broker breakfasts.
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e. Attend City and other associated meetings as needed.

4. Other Provisions:
a. Provide Chamber membership for the City at no charge currently set at $2,500 for the established rate for employers with 201 to 300 employees. Benefits of this membership to include registration and meals for two City staff (City Manager and/or designee) as well as all Councilmembers at events hosted by the Chamber including:
o Chamber Star Awards
o LAC in-person meetings
o Lunar New Year Luncheon
o Other events as hosted by the Chamber
b. Chamber activities not related to this or other agreements with the City, will be regulated by the Municipal Code and Policies of the City of Cupertino. c. The City of Cupertino will provide quarterly updates of City of Cupertino business license holders upon request of the Chamber via email.

Anticipated Budget:

Based on the proposed scope of work, the anticipated annual budget is estimated at $52,000.

Reporting Requirements:

The Chamber will track information on a quarterly basis directly related to this Agreement and report to the City a summary of services referenced below rendered to Chamber members and non-members. These reports will include, but not limited to:

1. Technical Assistance:
o Number of businesses served.
o Sector and size of businesses served, and services rendered. o Number of businesses started or retained resulting from this effort. o Overview of issues, concerns, or general trends shared at each of the Cupertino Business Outreach Programs visits.
o Number of ribbon cuttings or grand openings held for Cupertino businesses.

2. Marketing & Promotion/Information Dissemination:
o Summary of ad-hoc requests for information.
o Summary of business seminars and events organized including topics, attendees, other pertinent outcomes.
o Summary of outreach efforts around new city policies, rules, regulations. o Summary online impressions generated for marketing and promotions of campaigns.

3. Events/Meetings:
o Key performance indicators (KPIs) around marketing efforts including social media metrics.
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o Summary of the outreach conducted for events.
o Summary of broker breakfasts including attendee contact information and leads generated.

4. Key successes achieved during the period.

5. Recommendations for future endeavors that advance the common goals of the agreement.

The reports will be in a format mutually agreed to in writing by the City and the Chamber.

Term and Budget: The initial term of this agreement is one year with a corresponding budget of not to exceed $52,000 ($50/hr x 1,040 hours), or approximately $4,330 per month. The City Manager reserves the right, upon mutual consent and notice to the Chamber, to extend the contract for up to four additional years for the total term not to exceed five years. The scope and budget are expected to be the same for additional years, however with Chamber’s consent and subject to the expenditure limits approved by the City Council, the City Manager can update the scope to best address the needs of the business community at the time as economic conditions change or new priorities emerge.

Invoicing and Payments: The Chamber will submit monthly invoices which will include the number of hours spent on the Agreement scope. The City will pay at the rate of $50/hr for the worked performed. In no event shall the total amount paid under this Agreement exceed $52,000 annually.
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ATTACHMENT B

PAY RATE COMPARISON
20455 Silverado Avenue
Cupertino, CA 95014
Tel (408) 252-7054
www.cupertino-chamber.org
Rick Kitson
Executive Director
2023 BOARD OF DIRECTORS

BOARD OFFICERS
Sean Panchal, President
First Maganson Holdings
John Tang, President-Elect
San Jose Water Company
Claudio Bono, Immediate Past President
Cupertino Hotel
Danielle De La Torre, Vice-President
Finance
Bay Area Stone and Tile
Rod Diridon Jr., Vice-President
Apple Inc.

Mike Rohde, Vice-President
Main Street Cupertino
Marisa Spatafore, Vice-President
De Anza College
Thalia Swangchaeng
Pineapple Thai

BOARD MEMBERS
Donna Austin
Cupertino Historical Society & Museum
Tom Avvakumovits
Fremont Union High School District
Catherine Chen
State Farm Insurance
Myshelle Farmer-Viera
Prometheus
Jennifer Van Every
Aloft Cupertino
Stacy Yao
Cupertino Union School District
John Zirelli,
Recology
May 15, 2023
Pay Rate Comparison
The following are the reasoning and market salary expectations from potential employees to fulfill the service requirements as of March 12, 2023.

According to the May 2022 National Occupational Employment and Wage Estimates maintained by the U.S. Bureau of Labor Statistics,
National estimates for Marketing Managers
State Hourly mean wage Annual mean wage
California $ 89.69 $ 186,550
National estimates for Public Relations Managers
State Hourly mean wage Annual mean wage
California $ 82.98 $ 172,590
Reference March 12, 2023: U.S. Bureau of Labor Statistics Other compensation comparisons:

The average Technical Customer Support Representative II salary in San Jose, CA is $58,158 as of May 01, 2023, but the range typically falls between $51,111 and $66,207. Salary ranges can vary widely depending on many important factors, including education, certifications, additional skills, the number of years you have spent in your profession. Reference May 12, 2023: Technical Customer Support Representative II Salary | Salary.com
The average Marketing Assistant salary in San Jose, CA is $58,765 as of May 01, 2023, but the salary range typically falls between $51,023 and $66,578. Salary ranges can vary widely depending on many important factors, including education, certifications, additional skills, the number of years you have spent in your profession. Reference May 12, 2023: Marketing Assistant Salary | Salary.com
To fulfill Monday through Friday 9am to 5pm “Events/Meetings” The average Meeting Planner salary in San Jose, CA is $62,945 as of May 01, 2023, but the salary range typically falls between $58,751 and $69,719 dependent on workload. Reference May 12, 2023: Meeting Planner Salary | Salary.com
An important consideration is the cost to staff these services in the current labor market does not account for the operational overhead expense but does include the cost for strategic partnership and accountability to execute these public-facing tasks.

A final consideration is the comparatively higher cost of public employee resources. 42 CC 06-06-2023
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CITY OF CUPERTINO
Agenda Item
23-12319 Agenda Date: 6/6/2023
Agenda #: 5.

Subject: Consider authorizing the City Manager to execute a Third Amendment to Professional Services agreement with Quartic Solutions, LLC., for software updates and technical support services, increasing the current contract amount by $184,800 over the next three years, for a total contract amount of $354,800
Authorize the City Manager to execute a Third Amendment to Professional Services agreement with Quartic Solutions, LLC., for software updates and technical support services, increasing the current contract amount by $184,800 over the next three years, for a total contract amount of $354,800
CITY OF CUPERTINO Page 1 of 1 Printed on 5/31/2023
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CITY COUNCIL STAFF REPORT
Meeting: June 6, 2023
Subject
Consider authorizing the City Manager to execute a Third Amendment to Professional Services agreement with Quartic Solutions, LLC., for software updates and technical support services, increasing the current contract amount by $184,800 over the next three years, for a total contract amount of $354,800.

Recommended Action
Authorize the City Manager to execute a Third Amendment to Professional Services agreement with Quartic Solutions, LLC., for Software updates and technical support services, increasing the current contract amount by $184,800 over the next three years, for a total contract amount of $354,800.

Reasons for Recommendation
The City entered into a $60,000 contract with Quartic Solutions, a Geographic Information Systems (GIS) consulting firm, on November 30, 2021, to receive GIS and business application support. Subsequently, on June 6, 2022, a First Amendment to include an additional $20,000 for FY2021-22 was approved.

Following that, a Second Amendment allocating an additional $90,000 for support services during FY2022-23 was approved on July 13, 2022, which brings the total contract amount of $170,000. The second amendment expires on July 30, 2023.

These contract agreements were executed under the purchasing authority of the City Manager.

To ensure the continuity of software updates and technical support services, staff proposes a Third Amendment, which entails a total budget of $184,800 over the next three fiscal years. This amendment will enable the City to benefit from the ongoing expertise and assistance provided by Quartic Solutions. As the value of the new amendment will bring the entire contract amount above the City Manager’s authority, this item is being presented to the City Council for approval.

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them to promptly address daily technical support needs, including bug fixes and enhancements. Additionally, their expertise extends to offering valuable guidance for significant system upgrades.

By leveraging their expertise, Quartic Solutions assists in identifying optimal pathways and appropriate configuration setups to address a wide range of technical requirements, encompassing both major system upgrades and basic enhancements and updates. The City can rely on Quartic Solutions' technical team to fully harness the functionality provided by our business applications.

Quartic Solutions plays a crucial role in supporting our diverse range of business applications, such as Cityworks, our asset management system, and Cupertino 311, our work order request portal. These applications empower the public to effortlessly submit requests, monitor the status of their submissions, request inspections, and report complaints for investigation.

In addition to providing advanced technical support for our systems, Quartic Solutions serves as a valuable supplement to our internal resources. The vendor’s expertise and assistance enhance our ability to deliver efficient and effective services to the public, ensuring a seamless experience when interacting with our various applications.

These services provide the following benefits to the public:
• Direct submission of issue reports for public safety concerns • Improved decision making
• Facilitated public engagement
• Enhanced data quality for accurate information dissemination • Improved infrastructure management based on data-driven decision making
• Efficient execution of work orders
• Improved service delivery for residents and visitors
• Streamlined communication between residents and City departments • Regulatory compliance and transparency
These benefits collectively contribute to a more engaged, efficient, and informed community, enhancing the overall experience and quality of life for our residents and visitors.

Sustainability Impact
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conserve natural resources and reduce greenhouse gas emissions, aligning with Cupertino's Climate Action Plan (M-SW-1) and our commitment to a paperless office strategy.

Fiscal Impact
The cost of Quartic Solutions, LLC. services provided for the last two fiscal years and for the next three years is $354,800, and is budgeted in the GIS division budget, GL account 610-35-986 700-702 Contract Services account.

The table below outlines the costs across five years.

YEAR PRICE SERVICES PROVIDED
FY2021-22 $60,000 Base Agreement
FY2021-22 $20,000 First Amendment
FY2022-23 $90,000 Second Amendment
Amendment III
FY2023-24 $56,000 Third Amendment
FY2024-25 $56,000 Third Amendment
FY2025-26 $56,000 Third Amendment
FY2024-26 $16,800 10% Contingency
$184,800 Third Amendment Total Cost
$354,800 Total Contract Cost
California Environmental Quality Act
Not Applicable.

Prepared by: Teri Gerhardt, GIS Manager
Reviewed by: Bill Mitchell, Chief Technology Officer
Matt Morley, Assistant City Manager
Approved by: Pamela Wu, City Manager
Chris Jensen, City Attorney
Attachments:

A – Third Amendment to Quartic Solutions, LLC.

B – Base Agreement No. 21-262 dated 11-30-21
C - First Amendment to Agreement 21-262 dated 6-6-22
D - Second Amendment to Agreement 21-262 dated 7-13-22
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ATTACHMENT A
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PROFESSIONAL/ CONSULTING SERVICES AGREEMENT

1. PARTIES
This Agreement is made by and between the City of Cupertino, a municipal corporation (“ City”), and Quartic Solutions LLC (“Contractor”), for GIS Support Services, and is effective on the last date signed below (“ Effective Date”).

2. SERVICES
Contractor agrees to provide the services and perform the tasks (“ Services”) set forth in detail in Scope of Services, attached here and incorporated as Exhibit A. Contractor further agrees to carry out its work in compliance with any applicable local, State, or Federal order regarding COVID- 19.

3. TIME OF PERFORMANCE

3.1 This Agreement begins on the Effective Date and ends on June 30, 2022 (“ Contract Time”), unless terminated earlier as provided herein. Contractor’ s Services shall begin on the effective date and shall be completed by June 30, 2022. The City’ s appropriate department head or the City Manager may extend the Contract Time through a written amendment to this Agreement, provided such extension does not include additional contract funds. Extensions requiring additional contract funds are subject to the City’s purchasing policy.

3.2 Schedule of Performance. Contractor must deliver the Services in accordance with the Schedule of Performance, attached and incorporated here Exhibit B.

3.3 Time is of the essence for the performance of all the Services. Contractor must have sufficient time, resources, and qualified staff to deliver the Services on time.

4. COMPENSATION

4.1 Maximum Compensation. City will pay Contractor for satisfactory performance of the Services an amount that will based on actual costs but that will be capped so as not to exceed 60,000.00 (“ Contract Price”), based upon the scope of services in Exhibit A and the budget and rates included in Exhibit C, Compensation attached and incorporated here. The maximum compensation includes all expenses and reimbursements and will remain in place even if Contractor’ s actual costs exceed the capped amount. No extra work or payment is permitted without prior written approval of City.

4.2 Invoices and Payments. Monthly invoices must state a description of the deliverable completed and the amount due for the preceding month. Within thirty ( 30) days of completion of Services, Contractor must submit a requisition forfinal and complete payment of costs and pending

ATTACHMENT B
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claims for City approval. Failure to timely submit a complete and accurate payment requisition relieves City of any further payment or other obligations under theAgreement.

5. INDEPENDENT CONTRACTOR

5.1 Status. Contractor is an independent contractor and not an employee, partner, or joint venture of City. Contractor is solely responsible for the means and methods of performing the Services and for the persons hired to work under this Agreement. Contractor is not entitled to health benefits, worker’s compensation, or other benefits from the City.

5.2 Contractor’s Qualifications. Contractor warrants on behalf of itself and its subcontractors that they have the qualifications and skills to perform the Services in a competent and professional manner and according to the highest standards and best practices in the industry.

5.3 Permits and Licenses. Contractor warrants on behalf of itself and its subcontractors that they are properly licensed, registered, and/ or certified to perform the Services as required by law and have procured a City Business License, if required by the Cupertino Municipal Code.

5.4 Subcontractors. Only Contractor’ s employees are authorized to work under this Agreement. Prior written approval from City is required for any subcontractor, and the terms and conditions of this Agreement will apply to any approved subcontractor.

5.5 Tools, Materials, and Equipment. Contractor will supply all tools, materials and equipment required to perform the Services under this Agreement.

5.6 Payment of Benefits and Taxes. Contractor is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. Contractor and any of its employees, agents, and subcontractors shall not have any claim under this Agreement or otherwise against City for seniority, vacation time, vacation pay, sick leave, personal time off, overtime, health insurance, medical care, hospital care, insurance benefits, social security, disability, unemployment, workers compensation or employee benefits of any kind. Contractor shall be solely liable for and obligated to pay directly all applicable taxes, fees, contributions, or charges applicable to Contractor’ s business including, but not limited to, federal and state income taxes. City shall have no obligation whatsoever to pay or withhold any taxes or benefits on behalf of Contractor. Should any court, arbitrator, or administrative authority, including but not limited to the California Public Employees Retirement System (PERS), the Internal Revenue Service or the State Employment Development Division, determine that Contractor, or any of its employees, agents, or subcontractors, is an employee for any purpose, then Contractor agrees to a reduction in amounts payable under this Agreement, or to promptly remint to City any payments due by the City as a result of such determination, so that the City’s total expenses under this Agreement are not greater than they would have been had the determination not been made.

6. PROPRIETARY/CONFIDENTIAL INFORMATION
In performing this Agreement, Contractor may have access to private or confidential information owned or controlled by the City, which may contain proprietary or confidential details the disclosure of which to third parties may be damaging to City. Contractor shall hold in confidence all City information provided by City to Contractor and use it only to perform this Agreement. 61 CC 06-06-2023
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Contractor shall exercise the same standard of care to protect City information as a reasonably prudent contractor would use to protect its own proprietary data.

7. OWNERSHIP OF MATERIALS

7.1 Property Rights. Any interest (including copyright interests) of Contractor in any product, memoranda, study, report, map, plan, drawing, specification, data, record, document, or other information or work, in any medium ( collectively, “ Work Product”), prepared by Contractor in connection with this Agreement will be the exclusive property of the City upon completion of the work to be performed hereunder or upon termination of this Agreement, to the extent requested by City. In any case, no Work Product shall be shown to any third-party without prior written approval of City.

7.2 Copyright. To the extent permitted by Title 17 of the U.S. Code, all Work Product arising out of this Agreement is considered “ works for hire” and all copyrights to the Work Product will be the property of City. Alternatively, Contractor assigns to City all Work Product copyrights.

Contractor may use copies of the Work Product for promotion only with City’s written approval.

7.3 Patents and Licenses. Contractor must pay royalties or license fees required for authorized use of any third party intellectual property, including but not limited to patented, trademarked, or copyrighted intellectual property if incorporated into the Services or Work Product of this Agreement.

7.4 Re-Use of Work Product. Unless prohibited by law and without waiving any rights, City may use or modify the Work Product of Contractor or its sub- contractors prepared or created under this Agreement, to execute or implement any of the following:
a) The original Services for which Contractor was hired; b) Completion of the original Services by others;
c) Subsequent additions to the original Services; and/or d) Other City projects.

7.5 Deliverables and Format. Contractor must provide electronic and hard copies of the Work Product, on recycled paper and copied on both sides, except for one single-sided original.

8. RECORDS
Contractor must maintain complete and accurate accounting records relating to its performance in accordance with generally accepted accounting principles. The records must include detailed information of Contractor’ s performance, benchmarks and deliverables, which must be available to City for review and audit. The records and supporting documents must be kept separate from other records and must be maintained for four ( 4) years from the date of City’ s final payment.

Contractor acknowledges that certain documents generated or received by Contractor in connection with the performance of this Agreement, including but not limited to correspondence between Contractor and any third party, are public records under the California Public Records 62 CC 06-06-2023
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Act, California Government Code section 6250 et seq. Contractor shall comply with all laws regarding the retention of public records and shall make such records available to the City upon request by the City, or in such manner as the City reasonably directs that such records be provided.

9. ASSIGNMENT
Contractor shall not assign, sublease, hypothecate, or transfer this Agreement, or any interest therein, directly or indirectly, by operation of law or otherwise, without prior written consent of City. Any attempt to do so will be null and void. Any changes related to the financial control or business nature of Contractor as a legal entity is considered an assignment of the Agreement and subject to City approval, which shall not be unreasonably withheld. Control means fifty percent 50%) or more of the voting power of the business entity.

10. PUBLICITY / SIGNS
Any publicity generated by Contractor for the project under this Agreement, during the term of this Agreement and for one year thereafter, will reference the City’s contributions in making the project possible. The words “ City of Cupertino” will be displayed in all pieces of publicity, including flyers, press releases, posters, brochures, public service announcements, interviews and newspaper articles. No signs may be posted, exhibited or displayed on or about City property, except signage required by law or this Contract, without prior written approval from the City.

11. INDEMNIFICATION

11.1 To the fullest extent allowed by law, and except for losses caused by the sole and active negligence or willful misconduct of City personnel, Contractor shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, officials, employees, agents, servants, volunteers, and consultants (“ Indemnitees”), through legal counsel acceptable to City, from and against any and all liability, damages, claims, actions, causes of acti on, demands, charges, losses, costs, and expenses (including attorney fees, legal costs, and expenses related to litigation and dispute resolution proceedings) of every nature, arising directly or indirectly from this Agreement or in any manner relating to any of the following:
a) Breach of contract, obligations, representations, or warranties; b) Negligent or willful acts or omissions committed during performance of theServices; c) Personal injury, property damage, or economic loss resulting from the work or performance of Contractor or its subcontractors or sub-subcontractors; d) Unauthorized use or disclosure of City’ s confidential and proprietary Information; e) Claim of infringement or violation of a U.S. patent or copyright, trade secret, trademark, or service mark or other proprietary or intellectual property rights of any third party.

11.2 Contractor must pay the costs City incurs in enforcing this provision. Contractor must accept a tender of defense upon receiving notice from City of a third-party claim. At City’s request, Contractor will assist City in the defense of a claim, dispute, or lawsuit arising out of this Agreement.

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the Agreement shall be construed to give rise to an implied right of indemnity in favor of Contractor against City or any Indemnitee.

11.4. Contractor’ s payments may be deducted or offset to cover any money the City lost due to a claim or counterclaim arising out of this Agreement, a purchase order, or other transaction.

11.5. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Section 11 from each and every subcontractor, or any other person or entity involved by, for, with, or on behalf of Contractor in the performance of this Agreement.

Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder.

11.6. This Section 11 shall survive termination of the Agreement.

12. INSURANCE
Contractor shall comply with the Insurance Requirements, attached and incorporated here as Exhibit D, and must maintain the insurance for the duration of the Agreement, or longer as required by City. City will not execute the Agreement until City approves receipt of satisfactory certificates of insurance and endorsements evidencing the type, amount, class of operations covered, and the effective and expiration dates of coverage. Failure to comply with this provision may result in City, at its sole discretion and without notice, purchasing insurance for Contractor and deducting the costs from Contractor’ s compensation or terminating the Agreement.

13. COMPLIANCE WITH LAWS

13.1 General Laws. Contractor shall comply with all local, state, and federal laws and regulations applicable to this Agreement. Contractor will promptly notify City of changes in the law or other conditions that may affect the Project or Contractor’ s ability to perform. Contractor is responsible for verifying the employment authorization of employees performing the Services, as required by the Immigration Reform and Control Act.

13.2 Labor Laws. Contractor shall comply with all labor laws applicable to this Agreement. If the Scope of Services includes a “ public works” component, Contractor is required to comply with prevailing wage laws under Labor Code Section 1720 and other labor laws.

13.3 Discrimination Laws. Contractor shall not discriminate on the basis of race, religious creed, color, ancestry, national origin, ethnicity, handicap, disability, marital status, pregnancy, age, sex, gender, sexual orientation, gender identity, Acquired-Immune Deficiency Syndrome AIDS), or any other protected classification. Contractor shall comply with all anti- discrimination laws, including Government Code Sections 12900 and 11135, and Labor Code Sections 1735, 1777, and 3077. 5. Consistent with City policy prohibiting harassment and discrimination, Contractor understands that harassment and discrimination directed toward a job applicant, an employee, a City employee, or any other person, by Contractor or its employees or sub- contractors will not be tolerated. Contractor agrees to provide records and documentation to the City on request necessary to monitor compliance with this provision. 64 CC 06-06-2023
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13.4 Conflicts of Interest. Contractor shall comply with all conflict of interest laws applicable to this Agreement and must avoid any conflict of interest. Contractor warrants that no public official, employee, or member of a City board or commission who might have been involved in the making of this Agreement, has or will receive a direct or indirect financial interest in this Agreement, in violation of California Government Code Section 1090 et seq. Contractor may be required to file a conflict of interest form if Contractor makes certain governmental decisions or serves in a staff capacity, as defined in Section 18700 of Title 2 of the California Code of Regulations. Contractor agrees to abide by the City’ s rules governing gifts to public officials and employees.

13.5 Remedies. Any violation of Section 13 constitutes a material breach and may result in City suspending payments, requiring reimbursements or terminating this Agreement. City reserves all other rights and remedies available under the law and this Agreement, including the right to seek indemnification under Section 11 of this Agreement.

14. PROJECT COORDINATION
CityProject Manager. The Cityassigns Teri Gerhardt as the City’s representative for all purposes under this Agreement, with authority to oversee the progress and performance of the Scope of Services. City reserves the right to substitute another Project manager at any time, and without prior notice to Contractor.

Contractor Project Manager. Subject to City approval, Contractor assigns Timo Luostarinen as its single Representative for all purposes under this Agreement, with authority to oversee the progress and performance of the Scope of Services. Contractor’ s Project manager is responsible for coordinating and scheduling the Services in accordance with the Scope of Services and the Schedule of Performance. Contractor must regularly update the City’ s Project Manager about the progress with the work or any delays, as required under the Scope of Services. City written approval is required prior to substituting a new Representative.

15. ABANDONMENT OF PROJECT
City may abandon or postpone the Project or parts therefor at any time. Contractor will be compensated for satisfactory Services performed through the date of abandonment, and will be given reasonable time to assemble the work and close out the Services. With City’ s pre- approval in writing, the time spent in closing out the Services will be compensated up to a maximum of ten percent ( 10%) of the total time expended to date in the performance of the Services.

16. TERMINATION
City may terminate this Agreement for cause or without cause at any time. Contractor will be paid for satisfactory Services rendered through the date of termination, but final payment will not be made until Contractor closes out the Services and delivers the Work Product.

17. GOVERNING LAW, VENUE, AND DISPUTE RESOLUTION
This Agreement is governed by the laws of the State of California. Any lawsuits filed related to this Agreement must be filed with the Superior Court for the County of Santa Clara, State of 65 CC 06-06-2023
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California. Contractor must comply with the claims filing requirements under the Government Code prior to filing a civil action in court. If a dispute arises, Contractor must continue to provide the Services pending resolution of the dispute. If the Parties elect arbitration, the arbitrator’s award must be supported by law and substantial evidence and include detailed written findings of law and fact.

18. ATTORNEY FEES
If City initiates legal action, files a complaint or cross- complaint, or pursues arbitration, appeal, or other proceedings to enforce its rights or a judgment in connection with this Agreement, the prevailing party will be entitled to reasonable attorney fees and costs.

19. THIRD PARTY BENEFICIARIES
There are no intended third party beneficiaries of this Agreement.

20. WAIVER
Neither acceptance of the Services nor payment thereof shall constitute a waiver of any contract provision. City’ s waiver of a breach shall not constitute waiver of another provision or breach.

21. ENTIRE AGREEMENT
This Agreement represents the full and complete understanding of every kind or nature between the Parties, and supersedes any other agreement( s) and understanding( s), either oral or written, between the Parties. Any modification of this Agreement will be effective only if in writing and signed by each Party’ s authorized representative. No verbal agreement or implied covenant will be valid to amend or abridge this Agreement. If there is any inconsistency between any term, clause, or provision of the main Agreement and any term, clause, or provision of the attachments or exhibits thereto, the terms of the main Agreement shall prevail and be controlling.

22. INSERTED PROVISIONS
Each provision and clause required by law for this Agreement is deemed to be included and will be inferred herein. Either party may request an amendment to cure mistaken insertions or omissions of required provisions. The Parties will collaborate to implement this Section, as appropriate.

23. HEADINGS
The headings in this Agreement are for convenience only, are not a part of the Agreement and in no way affect, limit, or amplify the terms or provisions of this Agreement.

24. SEVERABILITY/ PARTIAL INVALIDITY
If any term or provision of this Agreement, or their application to a particular situation, is found by the court to be void, invalid, illegal, or unenforceable, such term or provision shall remain in force and effect to the extent allowed by such ruling. All other terms and provisions of this 66 CC 06-06-2023
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Agreement or their application to specific situations shall remain in full force and effect. The Parties agree to work in good faith to amend this Agreement to carry out its intent.

25. SURVIVAL
All provisions which by their nature must continue after the Agreement expires or is terminated, including the Indemnification, Ownership of Materials/ Work Product, Records, Governing Law, and Attorney Fees, shall survive the Agreement and remain in full force and effect.

26. NOTICES
All notices, requests and approvals must be sent in writing to the persons below, which will be considered effective on the date of personal delivery or the date confirmed by a reputable overnight delivery service, on the fifth calendar day after deposit in the United States Mail, postage prepaid, registered or certified, or the next business day following electronic submission:

To City of Cupertino
Office of the City Manager
10300 Torre Ave.

Cupertino, CA 95014
Attention: Teri Gerhardt
Email: [email protected]
To Contractor:

Quartic Solutions LLC
1804 Garnet Ave. #447
San Diego, CA 92109
Attention: Timo Luostarinen
Email: timo@quarticsolutions. com

27. EXECUTION
The person executing this Agreement on behalf of Contractor represents and warrants that Contractor has full right, power, and authority to enter into and carry out all actions contemplated by this Agreement and that he or she is authorized to execute this Agreement, which constitutes a legally binding obligation of Contractor. This Agreement may be executed in counterparts, each one of which is deemed an original and all of which, taken together, constitute a single binding instrument.

IN WITNESS WHEREOF, the parties have caused the Agreement to be executed.

CITY OF CUPERTINO CONTRACTOR
A Municipal Corporation
By By
Name Name
Title Title
Date Date
Ms Jodi Luostarinen
CEO
Nov 29, 2021
Ms Jodi Luostarinen
Nov 30, 2021
CTO
Bill Mitchell
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APPROVED AS TO FORM:

CHRISTOPHER D. JENSEN
Cupertino City Attorney
ATTEST:

KIRSTEN SQUARCIA
City Clerk
Date
Christopher D. Jensen
Nov 30, 2021
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Scope of Services
Services provided by Quartic staff will include support and maintenance of the City’ s existing GIS system and special projects relating to the development of the City’ s GIS program.

Summary Description of the task(s) to be performed:

GIS Technical Support and Maintenance include ArcGIS Enterprise Administration in the on premise and cloud environments
Cityworks Administration and support
Batch job creation and maintenance related to GIS
Assist City Staff with GIS tasks
Basic GIS Application Support for existing applications

EXHIBIT A
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EXHIBIT B
Contractor schedule of Performance will vary depending on services requested by GIS. 70 CC 06-06-2023
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Budget not to exceed 60,000.

EXHIBIT C
2022 – Rate Sheet
Job Title Hourly Rate
GIS Technician $ 70
GIS Analyst $ 95
Senior GIS Analyst $ 115
GIS Application Architect $ 185
Project Manager $ 150
Business Analyst $ 110
Listed rates are valid until 12/ 31/ 2022. Each calendar year the rates will be increased by 5% on January 1 of subsequent each year.
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Exh. D-Insurance Requirements for Design Professionals & Consultant Contracts 1 Form Updated Sept. 2019
Consultant shall procure prior to commencement of Services and maintain for the duration of the contract, at its own cost and expense, the following insurance policies and coverage with companies doing business in California and acceptable toCity.

INSURANCE POLICIES AND MINIMUMS REQUIRED

1. Commercial General Liability (CGL) for bodily injury, property damage, personal injury liability for premises operations, products and completed operations, contractual liability, and personal and advertising injury with limits no less than $ 2,000,000 per occurrence ( ISO Form CG 00 01). If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO Form CG 25 03 or 25 04) or it shall be twice the required occurrence limit. a. It shall be a requirement that 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 (i) the minimum coverage/limits specified in this agreement; or (ii) the broader coverage and maximum limits of coverage of any insurance policy, whichever isgreater. b. Additional Insured coverage under Consultant's policy shall be " primary and non-contributory," will not seek contribution from City’s insurance/self-insurance, and shall be at least as broad as ISO Form 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 basis for the benefit of City before the City’s own insurance or selfinsurance shall be called upon to protect City as a namedinsured.

2. Automobile Liability: ISO CA 00 01 covering any auto (including owned, hired, and non-owned autos) with limits 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 occurrence for bodily injury ordisease.

Not required. Consultant has provided written verification of noemployees.

4. Professional Liability for professional acts, errors and omissions, as appropriate to Consultant’ s profession, with limits no less than $2,000,000 per occurrence or $2,000,000 aggregate. If written on a claims made form:
a. The Retroactive Date must be shown and must be before the Effective Date of theContract. b. Insurance must be maintained for at least five (5) years after completion of theServices. c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the Contract Effective Date, the Consultant must purchase extended reporting” coverage for a minimum of five (5) years after completion of theServices.

EXHIBIT D
Insurance Requirements
Design Professionals & Consultants Contracts
72 CC 06-06-2023
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Exh. D-Insurance Requirements for Design Professionals & Consultant Contracts 2 Form Updated Sept. 2019

OTHER INSURANCE PROVISIONS
The aforementioned insurance shall be endorsed and have all the following conditions and provisions:

Additional Insured Status
The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers Additional Insureds”) are to be covered as additional insureds on Consultant’ s CGL and automobile liability policies. General Liability coverage can be provided in the form of an endorsement to Consultant’ s insurance (at least as broad as ISO Form CG 20 10 (11/ 85) or both CG 20 10 and CG 20 37 forms, if later editions are used).

Primary Coverage
Coverage afforded to City/Additional Insureds shall be primary insurance. Any insurance or self-insurance maintained by City, its officers, officials, employees, or volunteers shall be excess of Consultant’ s insurance and shall not contribute to it.

Notice of Cancellation
Each insurance policy shall state that coverage shall not be canceled or allowed to expire, except with written notice to City 30 days in advance or 10 days in advance if due to non-payment of premiums.

Waiver of Subrogation
Consultant waives any right to subrogation against City/Additional Insureds for recovery of damages to the extent said losses are covered by the insurance policies required herein. Specifically, the Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of City for all work performed by Consultant, its employees, agents and subconsultants. This provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

Deductibles and Self-Insured Retentions
Any deductible or self-insured retention must be declared to and approved by the City. At City’s option, either:
the insurer must reduce or eliminate the deductible or self-insured retentions as respects the City/Additional Insureds; or Consultant must show proof of ability to pay losses and costs related investigations, claim administration and defense expenses. The policy shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the insured or the City.

Acceptability of Insurers
Insurers must be licensed to do business in California with an A.M. Best Rating of A-VII, or better.

Verification of Coverage
Consultant must furnish acceptable insurance certificates and mandatory endorsements ( or copies of the policies effecting the coverage required by this Contract), and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements prior to commencement of the Contract. City retains the right to demand verification of compliance at any time during the Contract term.

Subconsultants
Consultant shall require and verify that all subconsultants maintain insurance that meet the requirements of this Contract, including naming the City as an additional insured on subconsultant’ s insurance policies.

Higher Insurance Limits
IfConsultant maintains broader coverage and/or higher limits than the minimums shown above, Cityshall be entitled to coverage for the higher insurance limits maintained by Consultant.

Adequacy of Coverage
City reserves the right to modify these insurance requirements/coverage based on the nature of the risk, prior experience, insurer or other special circumstances, with not less than ninety (90) days prior written notice. 73 CC 06-06-2023
73 of 449
11/ 15/ 2021
Alvarado Pacific Insurance Services, Inc.
7777 Alvarado Rd. # 605
La Mesa CA 91942- 8282
Sharron Lipscomb
619) 668- 4615 ( 619) 469- 1569
slipscomb@alvaradopacific. com
Quartic Solutions, LLC
1804 Garnet Ave # 447
San Diego CA 92109
Lloyds of London / CFC Underwriters
CL2121828300
A
X
x
x Deductible Per Claim
X
x Pollution Liab $ 6M
X Y ESJ057470790 1/ 9/ 2021 1/ 9/ 2022
1, 000 Deductible
6, 000, 000
250, 000
10, 000
6, 000, 000
7, 000, 000
6, 000, 000
Employee Benefits 6, 000, 000
A
x x
ESJ057470790 1/ 9/ 2021 1/ 9/ 2022
6, 000, 000
A Professional Liability* ESJ057470790 / $ 2500 ded 1/ 9/ 2021 1/ 9/ 2022 Per Claim/Aggregate $ 2M / $ 4M Cyber Liability* ESJ057470790 / $ 2500 ded 1/ 9/ 2021 1/ 9/ 2022 Per Claim / Aggregate $ 2, 000, 000 The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers are named as Additional Insured with primary wording, as respects general liability. Waiver of subrogation applies. * Retro date for professional / cyber liability is 1/ 09/ 2015 The City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
Sharron Lipscomb/ SLL
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
POLICY LOCJECTPROGEN' L AGGREGATE LIMIT APPLIES PER:

OCCURCLAIMS- MADE

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 $

RETENTIONDED

CLAIMS- MADE
OCCUR
AGGREGATE $
EACH OCCURRENCE $ UMBRELLA LIAB

EXCESS LIAB
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES ( ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

INSRLTR TYPE OF INSURANCE POLICY NUMBER

POLICY EFF(

MM/DD/YYYY)

POLICY EXP(

MM/DD/YYYY) LIMITS
PER

STATUTE
OTHER
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 $

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.

INSD
ADDL
WVD
SUBR
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):

CONTACTNAME:

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.

INS025 (201401)
74 CC 06-06-2023
74 of 449
Cyber Liability
2,000,000 2,500
Pollution Liability POLUT
6,000,000 500
Errors & Omissions ERROM
2,000,000 2,500
Privacy Breach Notification
1,000,000 2,500
Privacy Liability
2,000,000 2,500

ADDITIONAL COVERAGES
Ref # Description Coverage Code DateForm No. Edition
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium OFADTLCV Copyright 2001, AMS Services, Inc.
75 CC 06-06-2023
75 of 449
11/ 15/ 2021
Alvarado Pacific Insurance Services, Inc.
7777 Alvarado Rd. # 605
La Mesa CA 91942- 8282
Jessica Erickson
619) 668- 4600 ( 619) 469- 1569
Quartic Solutions, LLC
1804 Garnet Ave # 447
San Diego CA 92109
Travelers Casualty Insurance Co of America 19046
Travelers Prop Casualty Of Am 25674
CL2171429455
A
Ded. $ 1,000
Y Y BA1R339987 07/ 15/ 2021 07/ 15/ 2022
1,000, 000
Medical Expense 5,000
B N UB- 4R854874- 20 08/ 01/ 2021 08/ 01/ 2022
1,000, 000
1,000, 000
1,000, 000
Evidence of Insurance * Certificate holder is named as additional insured as required by written contract * Waiver of Subrogation applies as required by written contract *
The City of Cupertino
10300 Torre Ave
Cupertino CA 95014

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

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

INSURER( S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A :

NAIC #
NAME:

CONTACT
A/C, No):

FAX
E- MAILADDRESS:

PRODUCER
A/C, No, Ext):

PHONE

INSURED
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

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

OTHER:

Per accident)
Ea accident)
N / A
SUBR
WVD
ADDL
INSD

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

COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOSAUTOS ONLY

NON- OWNED

SCHEDULEDOWNED

ANY AUTO

AUTOMOBILE LIABILITY
Y / N

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
OFFICER/ MEMBER EXCLUDED?
Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under

ANY PROPRIETOR/ PARTNER/ EXECUTIVE
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
STATUTEPER EROTHMM/DD/YYYY) LIMITS(

POLICY EXP(

MM/DD/YYYY) NUMBERTYPE EFFPOLICYPOLICY INSURANCELTRINSR OF DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES ( ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

EXCESS LIAB
UMBRELLA LIAB $ EACH OCCURRENCE

AGGREGATE
OCCUR

CLAIMS- MADE
DED RETENTION $

PRODUCTS - COMP/ OP AGG

GENERAL AGGREGATE

PERSONAL & ADV INJURY
MED EXP ( Any one person)

EACH OCCURRENCE
DAMAGE TO RENTED $
PREMISES ( Ea occurrence)

COMMERCIAL GENERAL LIABILITY

CLAIMS- MADE OCCUR
GEN' L AGGREGATE LIMIT APPLIES PER:

POLICY
PROJECT LOC

CERTIFICATE OF LIABILITY INSURANCE DATE ( MM/DD/YYYY)

CANCELLATION

AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
1988-2015 ACORD CORPORATION. All rights reserved.

CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED

AUTOS ONLY
76 CC 06-06-2023
76 of 449
IGG?L=C; F!; ONI
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Quartic Solutions for GIS Support Services
Final Audit Report 2021- 11-30
Created: 2021- 11-24
By: City of Cupertino ( webmaster@cupertino. org)
Status: Signed
Transaction ID: CBJCHBCAABAA3TXSrY1qkClqIc7L7ZUePI6a1Pes918P Quartic Solutions for GIS Support Services" History
Document created by City of Cupertino ([email protected]) 2021- 11- 24 - 7:23:27 PM GMT- IP address: 35.229. 54.2 Document emailed to Araceli Alejandre ([email protected]) for approval 2021- 11- 24 - 7:26:32 PM GMT
Document approved by Araceli Alejandre ( aracelia@cupertino. org) Approval Date: 2021- 11-29 - 3:47:32 PM GMT - Time Source: server- IP address: 73.170. 27.253 Document emailed to Ms Jodi Luostarinen ([email protected]) for signature 2021- 11- 29 - 3:47:34 PM GMT
Email viewed by Ms Jodi Luostarinen ([email protected]) 2021- 11- 29 - 9:34:42 PM GMT- IP address: 74.125. 209. 32 Document e-signed by Ms Jodi Luostarinen ([email protected]) Signature Date: 2021- 11-29 - 9:35:27 PM GMT - Time Source: server- IP address: 76.88.32.152 Document emailed to Christopher D. Jensen ([email protected]) for signature 2021- 11- 29 - 9:35:29 PM GMT
Email viewed by Christopher D. Jensen ([email protected]) 2021- 11- 29 - 9:43:20 PM GMT- IP address: 104. 47.73.126 Document e-signed by Christopher D. Jensen ( christopherj@cupertino. org) Signature Date: 2021- 11-29 - 9:43:50 PM GMT - Time Source: server- IP address: 136. 24.42.212 Document emailed to Bill Mitchell ([email protected]) for signature 2021- 11- 29 - 9:43:52 PM GMT
Email viewed by Bill Mitchell ([email protected])
2021- 11- 30 - 4:05:39 PM GMT- IP address: 104. 47.74.126 84 CC 06-06-2023
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Document e-signed by Bill Mitchell ( billm@cupertino. org) Signature Date: 2021- 11-30 - 4:06:22 PM GMT - Time Source: server- IP address: 73.63.186. 99 Document emailed to Kirsten Squarcia ([email protected]) for signature 2021- 11- 30 - 4:06:24 PM GMT
Email viewed by Kirsten Squarcia ([email protected]) 2021- 11- 30 - 4:09:55 PM GMT- IP address: 162. 245. 20.145 Document e-signed by Kirsten Squarcia ([email protected]) Signature Date: 2021- 11-30 - 4:10:08 PM GMT - Time Source: server- IP address: 162. 245. 20.145 Agreement completed.
2021- 11- 30 - 4:10:08 PM GMT
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1 FIRST AMENDMENT TO AGREEMENT 398 BETWEEN

THE CITY OF CUPERTINO AND QUARTIC
SOLUTIONS LLC., FOR GIS SUPPORT SERVICES
This First Amendment to Agreement 398 between the City of Cupertino and Quartic Solutions, LLC., is by and between the City of Cupertino, a municipal corporation ( hereinafter City") and Quartic Solutions, LLC., a Limited Liability Company (“ Contractor”) whose address is 1804 Garnet Ave. #447, San Diego, CA 92109, and is made with reference to the following:

RECITALS:

A. On November 30, 2021 Agreement 398 (“ Agreement”) was entered into by and between City and Contractor for GIS Support Services.

B. City and Contractor desire to modify the Agreement on the terms and conditions set forth herein.

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

1. TIME OF PERFORMANCE
Paragraph 3.1 of the Agreement is modified to read as follows:

This Agreement begins on the Effective Date and ends on July 30, 2022 (“ Contract Time”), unless terminated earlier as provided herein. Contractor’ s Services shall begin on the effective date and shall be completed by July 30, 2022. The City’ s appropriate department head or the City Manager may extend the Contract Time through a written amendment to this Agreement, provided such extension does not include additional contract funds. Extensions requiring additional contract funds are subject to the City’s purchasing policy.

2. COMPENSATION
Paragraph 4.1 of the Agreement is modified to read as follows:

Maximum Compensation. City will pay Contractor for satisfactory performance of the Services an amount that will based on actual costs but that will be capped so as not to exceed 80,000.00 (“ Contract Price”), based upon the scope of services in Exhibit A and the budget and rates included in Exhibit C1, Compensation attached and incorporated here. The maximum compensation includes all expenses and reimbursements and will remain in place even if Contractor’ s actual costs exceed the capped amount. No extra work or payment is permitted without prior written approval of City.

3. Except as expressly modified herein, all other terms and covenants set forth in the Agreement shall remain the same and shall be in full force and effect.

SIGNATURES CONTINUE ON THE FOLLOWING PAGE

ATTACHMENT C
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2 IN WITNESS WHEREOF, the parties hereto have caused this modification of Agreement to be executed.

CITY OF CUPERTINO QUARTIC SOLUTIONS, LLC
By By
Title Title
Date Date

APPROVED AS TO FORM
City Attorney
ATTEST:

City Clerk
Date
Ms Jodi Luostarinen
CEO
Jun 1, 2022
Christopher D. Jensen
CTO
Jun 6, 2022
Jun 6, 2022
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EXHIBIT C-1
Hourly Rate
70 95
115
185
150
Budget not to exceed 80,000.
2022 – Rate Sheet
Job Title
GIS Technician
GIS Analyst
Senior GIS Analyst
GIS Application Architect
Project Manager
Business Analyst $ 110
Listed rates are valid until 12/ 31/ 2022. Each calendar year the rates will be increased by 5% on January 1 of subsequent each year.
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Exh. D-Insurance Requirements for Design Professionals & Consultant Contracts 1 Form Updated Jan. 2022
Consultant shall procure prior to commencement of Services and maintain for the duration of the contract, at its own cost and expense, the following insurance policies and coverage with companies doing business in California and acceptable toCity.

INSURANCE POLICIES AND MINIMUMS REQUIRED

1. Commercial General Liability (CGL) for bodily injury, property damage, personal injury liability for premises operations, products and completed operations, contractual liability, and personal and advertising injury with limits no less than $ 2,000,000 per occurrence ( ISO Form CG 00 01). If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO Form CG 25 03 or 25 04) or it shall be twice the required occurrence limit. a. It shall be a requirement that 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 (i) the minimum coverage/limits specified in this agreement; or (ii) the broader coverage and maximum limits of coverage of any insurance policy, whichever isgreater. b. Additional Insured coverage under Consultant's policy shall be " primary and non-contributory," will not seek contribution from City’ s insurance/self-insurance, and shall be at least as broad as ISO Form CG 20 10 (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 basis for the benefit of City before the City’ s own insurance or selfinsurance shall be called upon to protect City as a named insured.

2. Automobile Liability: ISO CA 00 01 covering any auto (including owned, hired, and non-owned autos) with limits 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 occurrence for bodily injury ordisease.

Not required. Consultant has provided written verification of noemployees.

4. Professional Liability for professional acts, errors and omissions, as appropriate to Consultant’ s profession, with limits no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. If written on a claims made form:
a. The Retroactive Date must be shown and must be before the Effective Date of theContract. b. Insurance must be maintained for at least five (5) years after completion of theServices. c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the Contract Effective Date, the Consultant must purchase extended reporting” coverage for a minimum of five (5) years after completion of theServices.

EXHIBIT D
Insurance Requirements
Design Professionals & Consultants Contracts
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Exh. D-Insurance Requirements for Design Professionals & Consultant Contracts 2 Form Updated Jan. 2022

OTHER INSURANCE PROVISIONS
The aforementioned insurance shall be endorsed and have all the following conditions and provisions:

Deductibles and Self-Insured Retentions
Any deductible or self-insured retention must be declared to and approved by the City. At City’ s option, either:
the insurer must reduce or eliminate the deductible or self-insured retentions as respects the City/Additional Insureds; or Consultant must show proof of ability to pay losses and costs related investigations, claim administration and defense expenses. The policy shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the insured or the City.

Acceptability of Insurers
Insurers must be licensed to do business in California with an A.M. Best Rating of A-VII, or better.

Adequacy of Coverage
City reserves the right to modify these insurance requirements/coverage based on the nature of the risk, prior experience, insurer or other special circumstances, with not less than ninety (90) days prior written notice. 90 CC 06-06-2023
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1/ 4/ 2022
Alvarado Pacific Insurance Services, Inc.
7777 Alvarado Rd. # 605
La Mesa CA 91942- 8282
Sharron Lipscomb
619) 668- 4615 ( 619) 469- 1569
slipscomb@alvaradopacific. com
Quartic Solutions, LLC
1804 Garnet Ave # 447
San Diego CA 92109
Lloyds of London / CFC Underwriters
Travelers Insurance Co of America 19046
Travelers Property Casualty Co of Amer
CL221430616
A
X
x
x Deductible Per Claim
X
x Pollution Liab $ 6M
X ESK0737149309 1/ 9/ 2022 1/ 9/ 2023
1, 000 Deductible
6, 000, 000
250, 000
10, 000
6, 000, 000
7, 000, 000
6, 000, 000
Employee Benefits 6, 000, 000
B
A
x
x Hired Auto x Non Owned Auto
BA1R339987 7/ 15/ 2021 7/ 15/ 2022
ESK0737149309 1/ 9/ 2022 1/ 9/ 2023
1, 000, 000
HIred & Non Owned Auto 6, 000, 000
C UB- 4R854874- 21- 42- G 8/ 01/ 2021 8/ 01/ 2022 x
1, 000, 000
1, 000, 000
1, 000, 000
A Professional Liability* ESK0737149309 / $ 2500 ded 1/ 9/ 2022 1/ 9/ 2023 Per Claim/Aggregate $ 2M / $ 4M Cyber Liability* ESK0737149309 / $ 2500 ded 1/ 9/ 2022 1/ 9/ 2023 Per Claim / Aggregate $ 2, 000, 000 The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers are named as Additional Insured with primary wording, as respects general liability. Waiver of subrogation applies. * Retro date for professional / cyber liability is 1/ 09/ 2015 The City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
Sharron Lipscomb/ SLL
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
POLICY LOCJECTPROGEN' L AGGREGATE LIMIT APPLIES PER:

OCCURCLAIMS- MADE

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 $

RETENTIONDED

CLAIMS- MADE
OCCUR
AGGREGATE $
EACH OCCURRENCE $ UMBRELLA LIAB

EXCESS LIAB
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES ( ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

INSRLTR TYPE OF INSURANCE POLICY NUMBER

POLICY EFF(

MM/DD/YYYY)

POLICY EXP(

MM/DD/YYYY) LIMITS
PER

STATUTE
OTHER
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 $

INSD
ADDL
WVD
SUBR
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

COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

INSURED
PHONE(
A/C, No, Ext):

PRODUCER
ADDRESS:

E-MAIL
FAX
A/C, No):

CONTACTNAME:

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.

INS025 (201401)
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Cyber Liability
2,000,000 2,500
Pollution Liability POLUT
6,000,000 500
Errors & Omissions ERROM
2,000,000 2,500
Privacy Breach Notification
1,000,000 2,500
Privacy Liability
2,000,000 2,500

ADDITIONAL COVERAGES
Ref # Description Coverage Code DateForm No. Edition
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium OFADTLCV Copyright 2001, AMS Services, Inc.
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11/ 15/ 2021
Alvarado Pacific Insurance Services, Inc.
7777 Alvarado Rd. # 605
La Mesa CA 91942- 8282
Jessica Erickson
619) 668- 4600 ( 619) 469- 1569
Quartic Solutions, LLC
1804 Garnet Ave # 447
San Diego CA 92109
Travelers Casualty Insurance Co of America 19046
Travelers Prop Casualty Of Am 25674
CL2171429455
A
Ded. $ 1,000
Y Y BA1R339987 07/ 15/ 2021 07/ 15/ 2022
1,000, 000
Medical Expense 5,000
B N UB- 4R854874- 20 08/ 01/ 2021 08/ 01/ 2022
1,000, 000
1,000, 000
1,000, 000
Evidence of Insurance * Certificate holder is named as additional insured as required by written contract * Waiver of Subrogation applies as required by written contract *
The City of Cupertino
10300 Torre Ave
Cupertino CA 95014

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

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

INSURER( S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A :

NAIC #
NAME:

CONTACT
A/C, No):

FAX
E- MAILADDRESS:

PRODUCER
A/C, No, Ext):

PHONE

INSURED
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

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

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

OTHER:

Per accident)
Ea accident)
N / A
SUBR
WVD
ADDL
INSD

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

COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOSAUTOS ONLY

NON- OWNED

SCHEDULEDOWNED

ANY AUTO

AUTOMOBILE LIABILITY
Y / N

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
OFFICER/ MEMBER EXCLUDED?
Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under

ANY PROPRIETOR/ PARTNER/ EXECUTIVE
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
STATUTEPER EROTHMM/DD/YYYY) LIMITS(

POLICY EXP(

MM/DD/YYYY) NUMBERTYPE EFFPOLICYPOLICY INSURANCELTRINSR OF DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES ( ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

EXCESS LIAB
UMBRELLA LIAB $ EACH OCCURRENCE

AGGREGATE
OCCUR

CLAIMS- MADE
DED RETENTION $

PRODUCTS - COMP/ OP AGG

GENERAL AGGREGATE

PERSONAL & ADV INJURY
MED EXP ( Any one person)

EACH OCCURRENCE
DAMAGE TO RENTED $
PREMISES ( Ea occurrence)

COMMERCIAL GENERAL LIABILITY

CLAIMS- MADE OCCUR
GEN' L AGGREGATE LIMIT APPLIES PER:

POLICY
PROJECT LOC

CERTIFICATE OF LIABILITY INSURANCE DATE ( MM/DD/YYYY)

CANCELLATION

AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
1988-2015 ACORD CORPORATION. All rights reserved.

CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED

AUTOS ONLY
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2015 The Travelers JU[ Y!/! cZ! 1© Indemnity Company. All rights reserved.

Includes copyrighted material of Insurance Services Office, Inc. with its permission.

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First Amendment to Quartic Agreement for
FY22 GIS Support Services
Final Audit Report 2022- 06-06
Created: 2022- 06-01
By: City of Cupertino ( webmaster@cupertino. org)
Status: Signed
Transaction ID: CBJCHBCAABAArhrXks4EWBs8sB2BtBUUgB9_ 86BdYD_ N First Amendment to Quartic Agreement for FY22 GIS Support S ervices" History
Document created by City of Cupertino ([email protected]) 2022- 06- 01 - 10:47:39 PM GMT- IP address: 35.229. 54.2 Document emailed to Araceli Alejandre ([email protected]) for approval 2022- 06- 01 - 10:50:51 PM GMT
Document approved by Araceli Alejandre ( aracelia@cupertino. org) Approval Date: 2022- 06-01 - 10:57:39 PM GMT - Time Source: server- IP address: 73.170. 27.253 Document emailed to Ms Jodi Luostarinen ([email protected]) for signature 2022- 06- 01 - 10:57:41 PM GMT
Email viewed by Ms Jodi Luostarinen ([email protected]) 2022- 06- 02 - 0:26:42 AM GMT- IP address: 66.249. 84.231 Document e-signed by Ms Jodi Luostarinen ([email protected]) Signature Date: 2022- 06-02 - 0:27:26 AM GMT - Time Source: server- IP address: 76.88.32.152 Document emailed to Christopher D. Jensen ([email protected]) for signature 2022- 06- 02 - 0:27:29 AM GMT
Email viewed by Christopher D. Jensen ([email protected]) 2022- 06- 02 - 0:43:29 AM GMT- IP address: 104. 47.74.126 Document e-signed by Christopher D. Jensen ( christopherj@cupertino. org) Signature Date: 2022- 06-02 - 0:43:47 AM GMT - Time Source: server- IP address: 136. 24.42.212 Document emailed to Bill Mitchell ([email protected]) for signature 2022- 06- 02 - 0:43:49 AM GMT
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Email viewed by Bill Mitchell ( billm@cupertino. org)
2022- 06- 02 - 1:03:58 AM GMT- IP address: 73.63.186. 99 Document e-signed by Bill Mitchell ([email protected]) Signature Date: 2022- 06-06 - 5:40:24 PM GMT - Time Source: server- IP address: 73.63.186. 99 Document emailed to Kirsten Squarcia ([email protected]) for signature 2022- 06- 06 - 5:40:26 PM GMT
Email viewed by Kirsten Squarcia ([email protected]) 2022- 06- 06 - 6:16:57 PM GMT- IP address: 172. 225. 89.13 Document e-signed by Kirsten Squarcia ([email protected]) Signature Date: 2022- 06-06 - 6:36:04 PM GMT - Time Source: server- IP address: 69.110. 137. 176 Agreement completed.
2022- 06- 06 - 6:36:04 PM GMT
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1 SECOND AMENDMENT TO AGREEMENT 398

BETWEEN THE CITY OF CUPERTINO AND QUARTIC
SOLUTIONS LLC., FOR GIS SUPPORT SERVICES
This Second Amendment to Agreement 398 between the City of Cupertino and Quartic Solutions, LLC., is by and between the City of Cupertino, a municipal corporation ( hereinafter City") and Quartic Solutions, LLC., a Limited Liability Company (“ Contractor”) whose address is 1804 Garnet Ave. #447, San Diego, CA 92109, and is made with reference to the following:

RECITALS:

A. On November 30, 2021, Agreement 398 (“ Agreement”) was entered into by and between City and Contractor for GIS Support Services.

B. On June 6, 2022, City and Consultant entered into a First Amendment to the Agreement.

C. The Agreement and First Amendment are collectively referred to as the “ Agreement”, unless otherwise indicated.

D. City and Contractor desire to modify the Agreement on the terms and conditions set forth herein.

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

1. TIME OF PERFORMANCE
Paragraph 3.1 of the Agreement is modified to read as follows:

This Agreement begins on the Effective Date and ends on July 30, 2023 (“ Contract Time”), unless terminated earlier as provided herein. Contractor’ s Services shall begin on the effective date and shall be completed by July 30, 2023. The City’ s appropriate department head or the City Manager may extend the Contract Time through a written amendment to this Agreement, provided such extension does not include additional contract funds. Extensions requiring additional contract funds are subject to the City’s purchasing policy.

2. COMPENSATION
Paragraph 4.1 of the Agreement is modified to read as follows:

Maximum Compensation. City will pay Contractor for satisfactory performance of the Services an amount that will based on actual costs but that will be capped so as not to exceed 170,000.00 (“ Contract Price”), based upon the scope of services in Exhibit A and the budget and rates included in Exhibit C2, Compensation attached and incorporated here. The maximum compensation includes all expenses and reimbursements and will remain in place even if Contractor’ s actual costs exceed the capped amount. No extra work or payment is permitted without prior written approval of City.

3. Except as expressly modified herein, all other terms and covenants set forth in the Agreement shall remain the same and shall be in full force and effect.

ATTACHMENT D
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2 IN WITNESS WHEREOF, the parties hereto have caused this modification of Agreement to be executed.

CITY OF CUPERTINO QUARTIC SOLUTIONS, LLC.

By By
Title Title
Date Date

APPROVED AS TO FORM
City Attorney
ATTEST:

City Clerk
Date

EXPENDITURE
DISTRIBUTION Item
Amount
Original Contract $ 60,000
Amendment 1 $ 20,000
Amendment 2 $ 90,000
Total $ 170,000
CEO Quartic Solutions
Jul 11, 2022
Christopher D. Jensen
CTO
Jul 13, 2022
Jul 13, 2022
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EXHIBIT C 2
Budget not to exceed 170,000.

Hourly Rate breakdown:
7/1/2022 12/ 31/ 2022
Job Title Hourly Rate
GIS Technician 70.00
GIS Analyst 95.00
Senior GIS Analyst 115.00
GIS Application Architect 185.00
Project Manager 150.00
Business Analyst 110.00
1/ 1/ 2023 12/ 31/ 2023
Job Title Hourly Rate
GIS Technician 73.50
GIS Analyst 99.75
Senior GIS Analyst 120.75
GIS Application Architect 194.25
Project Manager 157.50
Business Analyst 115.50
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Exh. D-Insurance Requirements for Design Professionals & Consultant Contracts 1 Form Updated Jan. 2022
Consultant shall procure prior to commencement of Services and maintain for the duration of the contract, at its own cost and expense, the following insurance policies and coverage with companies doing business in California and acceptable toCity.

INSURANCE POLICIES AND MINIMUMS REQUIRED

1. Commercial General Liability (CGL) for bodily injury, property damage, personal injury liability for premises operations, products and completed operations, contractual liability, and personal and advertising injury with limits no less than $ 2,000,000 per occurrence ( ISO Form CG 00 01). If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO Form CG 25 03 or 25 04) or it shall be twice the required occurrence limit. a. It shall be a requirement that 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 (i) the minimum coverage/limits specified in this agreement; or (ii) the broader coverage and maximum limits of coverage of any insurance policy, whichever isgreater. b. Additional Insured coverage under Consultant's policy shall be " primary and non-contributory," will not seek contribution from City’ s insurance/self-insurance, and shall be at least as broad as ISO Form CG 20 10 (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 basis for the benefit of City before the City’ s own insurance or selfinsurance shall be called upon to protect City as a named insured.

2. Automobile Liability: ISO CA 00 01 covering any auto (including owned, hired, and non-owned autos) with limits 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 occurrence for bodily injury ordisease.

Not required. Consultant has provided written verification of noemployees.

EXHIBIT D
Insurance Requirements
Design Professionals & Consultants Contracts
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Exh. D-Insurance Requirements for Design Professionals & Consultant Contracts 2 Form Updated Jan. 2022

OTHER INSURANCE PROVISIONS
The aforementioned insurance shall be endorsed and have all the following conditions and provisions:

Deductibles and Self-Insured Retentions
Any deductible or self-insured retention must be declared to and approved by the City. At City’ s option, either:
the insurer must reduce or eliminate the deductible or self-insured retentions as respects the City/Additional Insureds; or Consultant must show proof of ability to pay losses and costs related investigations, claim administration and defense expenses. The policy shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the insured or the City.

Acceptability of Insurers
Insurers must be licensed to do business in California with an A.M. Best Rating of A-VII, or better.

Adequacy of Coverage
City reserves the right to modify these insurance requirements/coverage based on the nature of the risk, prior experience, insurer or other special circumstances, with not less than ninety (90) days prior written notice. 105
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1/ 4/ 2022
Alvarado Pacific Insurance Services, Inc.
7777 Alvarado Rd. # 605
La Mesa CA 91942- 8282
Sharron Lipscomb
619) 668- 4615 ( 619) 469- 1569
slipscomb@alvaradopacific. com
Quartic Solutions, LLC
1804 Garnet Ave # 447
San Diego CA 92109
Lloyds of London / CFC Underwriters
Travelers Insurance Co of America 19046
Travelers Property Casualty Co of Amer
CL221430616
A
X
x
x Deductible Per Claim
X
x Pollution Liab $ 6M
X ESK0737149309 1/ 9/ 2022 1/ 9/ 2023
1, 000 Deductible
6, 000, 000
250, 000
10, 000
6, 000, 000
7, 000, 000
6, 000, 000
Employee Benefits 6, 000, 000
B
A
x
x Hired Auto x Non Owned Auto
BA1R339987 7/ 15/ 2021 7/ 15/ 2022
ESK0737149309 1/ 9/ 2022 1/ 9/ 2023
1, 000, 000
HIred & Non Owned Auto 6, 000, 000
C UB- 4R854874- 21- 42- G 8/ 01/ 2021 8/ 01/ 2022 x
1, 000, 000
1, 000, 000
1, 000, 000
A Professional Liability* ESK0737149309 / $ 2500 ded 1/ 9/ 2022 1/ 9/ 2023 Per Claim/Aggregate $ 2M / $ 4M Cyber Liability* ESK0737149309 / $ 2500 ded 1/ 9/ 2022 1/ 9/ 2023 Per Claim / Aggregate $ 2, 000, 000 The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers are named as Additional Insured with primary wording, as respects general liability. Waiver of subrogation applies. * Retro date for professional / cyber liability is 1/ 09/ 2015 The City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
Sharron Lipscomb/ SLL
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
POLICY LOCJECTPROGEN' L AGGREGATE LIMIT APPLIES PER:

OCCURCLAIMS- MADE

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 $

RETENTIONDED

CLAIMS- MADE
OCCUR
AGGREGATE $
EACH OCCURRENCE $ UMBRELLA LIAB

EXCESS LIAB
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES ( ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

INSRLTR TYPE OF INSURANCE POLICY NUMBER

POLICY EFF(

MM/DD/YYYY)

POLICY EXP(

MM/DD/YYYY) LIMITS
PER

STATUTE
OTHER
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 $

INSD
ADDL
WVD
SUBR
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

COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

INSURED
PHONE(
A/C, No, Ext):

PRODUCER
ADDRESS:

E-MAIL
FAX
A/C, No):

CONTACTNAME:

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.

INS025 (201401)
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Cyber Liability
2,000,000 2,500
Pollution Liability POLUT
6,000,000 500
Errors & Omissions ERROM
2,000,000 2,500
Privacy Breach Notification
1,000,000 2,500
Privacy Liability
2,000,000 2,500

ADDITIONAL COVERAGES
Ref # Description Coverage Code DateForm No. Edition
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium OFADTLCV Copyright 2001, AMS Services, Inc.
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11/ 15/ 2021
Alvarado Pacific Insurance Services, Inc.
7777 Alvarado Rd. # 605
La Mesa CA 91942- 8282
Jessica Erickson
619) 668- 4600 ( 619) 469- 1569
Quartic Solutions, LLC
1804 Garnet Ave # 447
San Diego CA 92109
Travelers Casualty Insurance Co of America 19046
Travelers Prop Casualty Of Am 25674
CL2171429455
A
Ded. $ 1,000
Y Y BA1R339987 07/ 15/ 2021 07/ 15/ 2022
1,000, 000
Medical Expense 5,000
B N UB- 4R854874- 20 08/ 01/ 2021 08/ 01/ 2022
1,000, 000
1,000, 000
1,000, 000
Evidence of Insurance * Certificate holder is named as additional insured as required by written contract * Waiver of Subrogation applies as required by written contract *
The City of Cupertino
10300 Torre Ave
Cupertino CA 95014

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

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

INSURER( S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A :

NAIC #
NAME:

CONTACT
A/C, No):

FAX
E- MAILADDRESS:

PRODUCER
A/C, No, Ext):

PHONE

INSURED
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

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

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

OTHER:

Per accident)
Ea accident)
N / A
SUBR
WVD
ADDL
INSD

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

COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOSAUTOS ONLY

NON- OWNED

SCHEDULEDOWNED

ANY AUTO

AUTOMOBILE LIABILITY
Y / N

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
OFFICER/ MEMBER EXCLUDED?
Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under

ANY PROPRIETOR/ PARTNER/ EXECUTIVE
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
STATUTEPER EROTHMM/DD/YYYY) LIMITS(

POLICY EXP(

MM/DD/YYYY) NUMBERTYPE EFFPOLICYPOLICY INSURANCELTRINSR OF DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES ( ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

EXCESS LIAB
UMBRELLA LIAB $ EACH OCCURRENCE

AGGREGATE
OCCUR

CLAIMS- MADE
DED RETENTION $

PRODUCTS - COMP/ OP AGG

GENERAL AGGREGATE

PERSONAL & ADV INJURY
MED EXP ( Any one person)

EACH OCCURRENCE
DAMAGE TO RENTED $
PREMISES ( Ea occurrence)

COMMERCIAL GENERAL LIABILITY

CLAIMS- MADE OCCUR
GEN' L AGGREGATE LIMIT APPLIES PER:

POLICY
PROJECT LOC

CERTIFICATE OF LIABILITY INSURANCE DATE ( MM/DD/YYYY)

CANCELLATION

CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED

AUTOS ONLY
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WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
GF=! LGO= J! KIM8J=
@8JL>GJ<!; L!- 3. 50
M9* 1J521541*/.* 1/*?
OU! XQfU! dXU! bYWXd! d_! bUS_ fUb!_ eb!` Qi] U^ dc! Vb_]! Q^ i_^U!\ YQR\ U! V_ b! Q^! Y^ Zebi! S_ fUbUT!! Ri! dXYc!`_\ YSi+!! OU! gY\\!^_ d! U^ V_ bSU!_ eb! bYWXd! QWQY^ cd! dXU!` Ubc_^!_ b!_ bWQ^ YjQdY_^!^ Q] UT! Y^! dXU! KSXUTe\ U+!&LXYc! QWbUU] U^ d! Q``\ YUc!_^\ i!d_! dXU! UhdU^ d! dXQd! i_e!` UbV_ b]! g_b[! e^ TUb! Q! gbYddU^! S_^ dbQSd! dXQd!! bUaeYbUc! i_e!d_!_ RdQY^! dXYc! QWbUU] U^ d! Vb_]! ec+'! LXYc! QWbUU] U^ d! cXQ\\!^_ d!_` UbQdU! TYbUSd\ i!_b! Y^ TYbUSd\ i!d_! RU^ UVYd! Q^ i!_^U!^_ d!^ Q] UT! Y^! dXU! KSXUTe\ U+! K; @=< MD=
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Second Amendment to Quartic Agreement for
GIS Support Services
Final Audit Report 2022- 07-13
Created: 2022- 07-08
By: City of Cupertino ( webmaster@cupertino. org)
Status: Signed
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CITY OF CUPERTINO
Agenda Item
23-12251 Agenda Date: 6/6/2023
Agenda #: 6.

Subject: Consider a second reading and act on Ordinance No. 23-2248: "An Ordinance of the City Council of the City of Cupertino amending City Code 9.18 relating to Stormwater Pollution Prevention and Watershed Protection."
Conduct a second reading and enact Ordinance No. 23-2248: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING CITY CODE 9.18 RELATING TO STORMWATER POLLUTION PREVENTION AND WATERSHED PROTECTION".

CITY OF CUPERTINO Page 1 of 1 Printed on 5/31/2023
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CITY COUNCIL STAFF REPORT
Meeting: June 6, 2023
Subject
Consider a second reading and act on Ordinance No. 23-xxxx “An Ordinance of the City Council of the City of Cupertino amending City Code 9.18 relating to Stormwater Pollution Prevention and Watershed Protection.”
Recommended Action
Conduct a second reading and enact Ordinance no. 23-xxxx “An Ordinance of the City Council of the City of Cupertino amending City Code 9.18 relating to Stormwater Pollution Prevention and Watershed Protection.”
Reasons for Recommendation
On May 16, 2023, the City Council conducted the first reading of Ordinance No. 23-2248.

The City Council also voted unanimously to adopt the resolution. The amended language updates the ordinance to remove referenced standards from the MRP that will be outdated beginning July 1, 2023. This ordinance revision will update the CMC to ensure compliance with the latest MRP. While the terms of the MRP became effective July 1, 2022, there are new requirements which go into effect on July 1, that required edits to the municipal code. With the second reading occurring on June 6, the official effective date would be July 6, 2023. Existing language in Chapter 9.15 states that “All requirements in the Municipal Regional Permit are required and enforceable by the City,” ensuring ongoing compliance.

Two questions were raised during the first reading that did not cause adjustment to the ordinance language:
1) Concern over removal of the definition of “bio-retention area.” The separate definition was removed because where it is used in the ordinance is self-defining with a qualifier (“bio-retention areas such as rain gardens”) and further description is readily available in the permit itself.
2) Concern over addition of language specifying that bulky items should not be placed in the City’s right of way. The concern with the added language was how to place bulky items out for collection by Recology and ensure the items are being placed in compliance with the code language. Currently, residents are 117
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instructed by Recology to place such items on private property with the intention of keeping them off sidewalks and out of the street. Because property types vary widely (e.g., monolithic sidewalk vs properties with a park strip, or no sidewalk, etc.), the broader language allows staff to analyze each situation and make determinations based on the general discretion allowed for in code enforcement.

While the added language about the right of way doesn’t place the City in or out of compliance with the MRP, it gives staff some firmer ground if needed to deal with piles of debris. In practice, staff works with people through informing and educating. The language remained as written and was approved by Council.

Sustainability Impact
No sustainability impact.

Fiscal Impact
No fiscal impact.

California Environmental Quality Act (CEQA)
The proposed ordinance amendments are exempt from CEQA under CEQA Guidelines section 15301 (operation of an existing program) and section 15308 (actions by regulatory agencies for the protection of the environment). _____________________________________
Prepared by: Ursula Syrova, Environmental Programs Manager Reviewed by: Chad Mosley, Interim Director of Public Works Reviewed by: Matt Morley, Assistant City Manager
Approved for Submission by: Pamela Wu, City Manager
Attachment:

A – Draft Ordinance
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1 ORDINANCE NO. __________________

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING CITY CODE 9.18 RELATING TO STORMWATER POLLUTION

PREVENTION AND WATERSHED PROTECTION
The City Council of the City of Cupertino finds that:

1. Changes to the Municipal Regional National Pollutant Discharge Elimination System (NPDES) Permit that become effective July 1, 2023, require edits to the City’s municipal code to ensure ongoing compliance and enforceability of requirements.

2. The City Council of the City of Cupertino held a duly noticed public hearing on May 16, 2023, and after considering all testimony and written materials provided in connection with that hearing introduced this ordinance and waived the reading thereof.

NOW, THEREFORE, THE CITY COUNCIL OF THE OF CITY OF CUPERTINO DOES ORDAIN AS FOLLOWS:

SECTION 1. Adoption.

The Cupertino Municipal Code is hereby amended as set forth in Attachment A.

SECTION 2: Severability and Continuity.

The City Council declares that each section, sub-section, paragraph, sub-paragraph, sentence, clause and phrase of this ordinance is severable and independent of every other section, sub-section, paragraph, sub-paragraph, sentence, clause and phrase of this ordinance. If any section, sub-section, paragraph, sub-paragraph, sentence, clause or phrase of this ordinance is held invalid, or its application to any person or circumstance, be determined by a court of competent jurisdiction to be unlawful, unenforceable or otherwise void, the City Council declares that it would have adopted the remaining provisions of this ordinance irrespective of such portion, and further declares its express intent that the remaining portions of this ordinance should remain in effect after the invalid portion has been eliminated. To the extent the provisions of this Ordinance are substantially the same as previous provisions of the Cupertino Municipal Code, these provisions shall be construed as continuations of those provisions and not as an amendment to or readoption of the earlier provisions. 119
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Ordinance No. __________

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SECTION 3: California Environmental Quality Act.

This Ordinance 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 Ordinance 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 ordinance amendments are exempt from CEQA under CEQA Guidelines section 15301 (operation of an existing program) and section 15308 (actions by regulatory agencies for the protection of the environment). The foregoing determination is made by the City Council in its independent judgment.

SECTION 4: Effective Date.

This Ordinance shall take effect thirty days after adoption as provided by Government Code Section 36937.

SECTION 5: Publication.

The City Clerk shall give notice of adoption of this Ordinance as required by law.

Pursuant to Government Code Section 36933, a summary of this Ordinance may be prepared by the City Clerk and published in lieu of publication of the entire text. The City Clerk shall post in the office of the City Clerk a certified copy of the full text of the Ordinance listing the names of the City Council members voting for and against the ordinance.

INTRODUCED at a regular meeting of the Cupertino City Council on May 16, 2023, and ENACTED at a regular meeting of the Cupertino City Council on June 6, 2023, by the following vote:

Members of the City Council
AYES:

NOES:

ABSENT:

ABSTAIN:
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SIGNED:
______________________
Hung Wei, Mayor
City of Cupertino
________________________
Date
ATTEST:
_______________________
Kirsten Squarcia, City Clerk
________________________
Date
APPROVED AS TO FORM:
_______________________
Christopher D. Jensen, City Attorney
________________________
Date
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Attachment A – Amendments to City Code 9.18 regarding stormwater pollution prevention and watershed protection
The sections of the Cupertino Municipal Code set forth below are amended or adopted as follows:

CHAPTER 9.18: STORMWATER POLLUTION PREVENTION AND WATERSHED PROTECTION* Section

9.18.010 Purpose of chapter.

9.18.015 Administration.

9.18.020 Definitions.

9.18.030 Limitations on point of discharge.

9.18.040 Discharge into the storm drain system prohibited.

9.18.050 Public nuisance.

9.18.060 Protection of storm drain from accidental discharge.

9.18.070 Accidental discharge–Notification of discharge.

9.18.080 Permitted discharges pursuant to industrial and construction stormwater NPDES general permits.

9.18.090 Stormwater pollution prevention plan (SWPPP).

9.18.100 Permanent stormwater measures required for regulated projects.

9.18.115 Trash load reductions to storm drain system.

9.18.120 Stormwater management plan required for regulated projects.

9.18.130 Low impact development (LID) requirements.

9.18.140 Reserved

9.18.150 Stormwater treatment measure operation and maintenance responsibility.

9.18.160 Agreement to maintain stormwater treatment systems and best management practices.

9.18.170 Stormwater treatment systems and BMP inspection and verification responsibility

9.18.180 Records of maintenance and inspection activities and submission of revised stormwater management plan.

9.18.190 Failure to maintain.
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9.18.195 Inspections by City.

9.18.200 Inspection and maintenance easement.

9.18.210 Stormwater pollutant source controls and BMPs.

9.18.215 Litter prevention and enforcement.

9.18.220 Violation.

9.18.230 Civil penalty for violation–Payment of funds to account.

9.18.240 Civil penalty for illicit discharges–Payment of funds to account.

9.18.250 Notice of violation.

9.18.260 Administrative penalties–Payment of funds to account.

9.18.270 Severability.
* Prior ordinance history: Ord. 1571.

9.18.010 Purpose of Chapter.

The U.S. Environmental Protection Agency has identified urban stormwater runoff as the leading cause of water pollution in the United States. Section 402(p) of the federal Clean Water Act, as amended by the Water Quality Act of 1987, requires National Pollution Discharge Elimination System (NPDES) permits for stormwater discharges from municipal separate storm sewer systems (MS4s), stormwater discharges associated with industrial activity (including construction activities), and designated stormwater discharges, which are considered significant contributors of pollutants to waters of the United States. As a result, the California Regional Water Quality Control Board, San Francisco Bay Region has issued a Municipal Regional Stormwater Discharge NPDES permit to the City of Cupertino and to seventy-six other agencies and entities that discharge stormwater runoff to San Francisco Bay.
(https://www.waterboards.ca.gov/sanfranciscobay/board_decisions/adopted_orders/2022/ R2-2022-0018.pdf)
This Municipal Regional Stormwater NPDES Permit requires that the City of Cupertino implement a Stormwater Management Program to prevent exceedances of water quality objectives and ensure that discharges do not cause, threaten to cause, or contribute to water quality impairment of waters of the State, specifically local waterways and San Francisco Bay.

The purpose of this chapter is to provide regulations and give legal effect to certain requirements of the Municipal Regional Permit (MRP) initially issued to the City of Cupertino on October 14, 2009 (Effective December 1, 2009) and any subsequent amendments thereto, and to ensure ongoing compliance with the most recent version of the City of Cupertino's NPDES permit regarding municipal stormwater and urban runoff requirements. This chapter shall apply to all water entering the storm drain system generated on any private, public, developed and undeveloped lands lying within the City. This chapter shall be construed to 123
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assure consistency with the requirements of the Clean Water Act and Porter-Cologne Act and any applicable implementing regulations, as they exist at the time of enactment or as later amended. The MRP, as amended from time to time, is incorporated by reference into this chapter. The City Clerk shall update the link provided in this chapter as necessary to incorporate any amendments to the MRP. Any act or omission that causes or contributes to a violation of any condition of the MRP is a violation of the Municipal Code and is subject to the enforcement provisions of this Chapter.

Enactment of this chapter falls within the goals stated in the City's General Plan, sections 5- 32 through 5-37 (Urban Runoff Pollution) and the scope of the City of Cupertino police powers to protect the health, safety, and welfare of its residents. Nothing in this chapter is intended to preclude more stringent federal or state regulation of any activity covered by this chapter.
(Ord. 2088, § 1 (part), 2012; Ord. 1982, § 1 (part), 2006; Ord. 1967, § 1 (part), 2005; Ord. 1922, § 1 (part), 2003; Ord. 1598, § 1 (part), 1992)

9.18.015 Administration.

This chapter shall be administered by the Director of Public Works. Any powers granted to or duties imposed upon this individual to administer, implement and enforce the provisions of this chapter may be delegated to other City personnel. (Ord. 2088, § 1(part), 2012)

9.18.020 Definitions.

For the purposes of this chapter, the following words and phrases shall have the meanings ascribed to them by this section, unless the context or the provision clearly requires otherwise. Words and phrases not defined in this chapter shall have the definitions set forth in the Municipal Regional Permit or by the regulations implementing the National Pollutant Discharge Elimination System, Clean Water Act Section 402, and Division 7 of the California Water Code, as they currently exist or may be amended.

1. “Applicant.” Any person, firm, or governmental agency who executes the necessary forms to procure official approval of a project or a permit to carry out construction of a project.

2. “Applicable site.” Any site that could reasonably be considered to cause or contribute to pollution of stormwater runoff. This definition includes but it not limited to pollutant sources associated with outdoor process and manufacturing areas, outdoor material storage areas, outdoor waste storage and disposal areas, outdoor vehicle and equipment storage and maintenance areas, outdoor parking areas and access roads, outdoor wash areas, outdoor drainage from indoor areas, rooftop equipment, contaminated and erodible surface areas, and other sources determined to have a reasonable potential to contribute to pollution of stormwater runoff.
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3. “Authorized enforcement official.” The Director of Public Works or the Director's designees.

4. “Best management practice.” (“BMP”) A structural device, measure, facility, or activity that helps to achieve stormwater management control objectives at a Regulated Project or applicable site. BMPs include, but are not limited to the following: secondary containment for storage receptacles; rock entrances at construction site exits; timers on sprinklers and berms and filter fabrics protecting storm drain inlets. “Maintenance of a best management practice or stormwater treatment system.” Periodic action taken to maintain the as-designed performance of best management practice or stormwater treatment system, and includes, but is not limited to, repairs as necessary and replacement of the best management practice or stormwater treatment system by an equally effective or more effective best management practice or stormwater treatment system.

5. “CASQA.” California Stormwater Quality Association.

6. “CASQA Stormwater Best Management Practice Handbook.” The four-volume set of handbooks for New and Redevelopment, Construction, Industrial and Commercial, and Municipal operations produced by CASQA and available at www.casqa.org.

7. “City.” All the territory lying within the municipal boundaries of the City of Cupertino, as presently existing, plus all territory which may be added thereto during the effective term of the ordinance codified in this chapter.

8. “Conditionally Exempt Discharge.” A categorization of non-stormwater discharges based on potential for pollutant content that may be discharged upon adequate assurance that the discharge contains no pollutants of concern at concentrations that will impact beneficial uses or cause exceedances of water quality standards.

9. “Construction.” Constructing, clearing, grading, or excavation that results in soil disturbance. Construction also includes structure demolition. Construction does not include routine maintenance to maintain original line and grade, hydraulic capacity, or original purpose of a facility, nor does it include emergency construction activities required to immediately protect public health and safety, interior remodeling with no outside exposure of construction material or construction waste to stormwater or mechanical permit work.

10. “Cooling system.” The pipes, heat exchangers and other appurtenances used to convey cooling water in cooling towers, direct contact cooling systems and similar fixed cooling systems. Multiple units of a cooling water system serving a building or piece of equipment are considered as one system if the cooling water distribution system units are physically connected.

11. “Detention.” The temporary storage of storm runoff in a manner that controls peak discharge rates and provides some gravity settling of pollutants.

12. “Development.” Construction, rehabilitation, redevelopment, or reconstruction of any public or private residential project (whether single-family, multi-unit, or planned unit development); or industrial, commercial, retail or other nonresidential project, including public agency projects.
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13. “Director of Public Works.” The Director of Public Works and his or her duly authorized agents and representatives.

14. “Discharge.” When used as a verb, means to allow pollutants to directly or indirectly enter stormwater, or to allow stormwater or non-stormwater to directly or indirectly enter the storm drain system from an activity or operation. When used as a noun, “discharge” means the pollutants, stormwater or non-stormwater, that are discharged.

15. “Discharger.” Any person or entity engaged in activities or operations or owning facilities, which will or may result in pollutants entering stormwater or the storm drain system. Discharger also means the owners of real property on which such activities, operations or facilities are located; provided, however, that a local government or public authority is not a discharger as to activities conducted by others in public rights-of-way.

16. “Easement.” A grant or reservation by the owner of land for the use of such land by others for a specific purpose or purposes, and which must be included in the conveyance of land affected by such easement.

17. “Enforcement Notice.” A notice provided to the responsible party and/or property owner to warn of impending or current enforcement actions imposed by the City for violations or threatened violations of the Municipal NPDES Stormwater Discharge permit or other provisions of this chapter. Enforcement notices include but are not limited to a notice of violation (NOV), a pre-citation warning notice, a pre-citation letter, or an administrative citation fine.

18. “Enforcement Response Plan.” A plan established, maintained and revised as necessary by the Director of Public Works which contains guidelines and criteria for implementing consistent and escalating enforcement for repeated violations of the same type from the same source.

19. “Engineer-of-Record.” The California Registered Professional Engineer who designs the stormwater treatment measures and develops the Stormwater Management Plan for a Regulated Project, as required by the Municipal Regional Permit.

20. “Existing conditions.” Refers to the conditions that exist on a site before the commencement of a land development project and at the time the City of Cupertino approves plans for the land development of a site. Where phased development or plan approval occurs (preliminary grading, roads and utilities, etc.), the existing conditions are considered those at the time before the first item being approved or permitted.

21. “Food service facility.” Any nonresidential establishment that uses or generates grease when preparing food.

22. “Full trash capture” or a “full capture system or device.” Any single device or series of devices that traps all particles retained by a 5 mm mesh screen and has a design treatment capacity of not less than the peak flow rate Q resulting from a one-year, one-hour storm in the sub-drainage area and as approved by the San Francisco Bay Regional Water Quality Control Board, Region 2.
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23. “General permit.” An NPDES permit issued under Code of Federal Regulations Section 122.28 (40 CFR 122.28) authorizing a category of discharges under the Clean Water Act within a geographical area.

24. “Grease.” Includes fats, oils, waxes, or other related constituents. Grease may be of vegetable or animal origin, including butter, lard, margarine, vegetable fats and oils, and fats in meats, cereals, seeds, nuts and certain fruits. Grease may also be of mineral origin, including kerosene, lubricating oil, and road oil.

25. “Grease removal device.” An interceptor, trap or other mechanical device designed, constructed and intended to remove, hold or otherwise prevent the passage of grease to the sanitary sewer.

26. “Hazardous material.” Any material, which because of its quantity, concentration, toxicity, corrosiveness, mutagenicity, flammability or physical, chemical or infectious characteristics may cause or significantly contribute to an increase in mortality or serious, irreversible or incapacitating illness, or pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported or disposed of, or otherwise mismanaged.

27. “Hydromodification.” Changes to the storm water runoff characteristics of a watershed caused by changes in land use. Hydromodification can increase the velocity, volume, and duration of storm water runoff and intensify sediment transport. These changes increase the erosion potential of the receiving watercourse. Problems resulting from hydromodification include channel scouring, bank undercutting, and channel widening and deepening, all of which adversely impact downstream habitats.

28. “Hydromodification management” (“HM”). The requirements for Regulated Projects that create or replace one acre or more of impervious surface per Provision C.3.g.and Attachment F for the Santa Clara County permittees, as adopted in the Municipal Regional Permit. The HM is designed to manage increases in the magnitude, volume and duration of runoff from new development and significant redevelopment projects in order to protect streams from increased potential for erosion or other adverse impacts.

29. “Illegal connection.” The connection of an unauthorized discharge conduit to a storm sewer or watercourse through or by which an illicit discharge may be discharged.

30. “Illicit discharge.” Any discharge to a storm drain system that is not composed entirely of stormwater except discharges pursuant to an NPDES permit, including categorically allowed discharges and conditionally exempted discharges noted in Provision C.15 of the Municipal Regional Permit.

31. “Impervious surface.” A surface composed of any material that significantly impedes or prevents the natural infiltration of water into soil. Impervious surfaces include, but are not limited to, rooftops, buildings, streets and roads, and concrete or asphalt surfaces.

32. “Impervious surface area.” The ground area covered or sheltered by an impervious surface, measured as if from directly above.
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33. “Infiltration.” The process of percolating stormwater or non-stormwater into the subsoil.

34. “Irrigation or landscape irrigation.” The artificial application of water to the land, landscaping or soil, used to assist in establishing vegetation, maintenance of landscape (e.g. watering of lawn), growing of agricultural crops and revegetation of disturbed soils in dry areas and during periods of inadequate rainfall.

35. “Land disturbance activity.” Any activity that moves soils or substantially alters the pre-existing vegetated or man-made cover of any land including, but not limited to, grading, digging, cutting scraping, stockpiling or excavating of soil; placement of fill materials; paving, pavement removal, exterior construction; substantial removal of vegetation where soils are disturbed including, but not limited to, removal by clearing or grubbing or any activity which bares soil or rock or involves streambed alterations or diversion or piping of any watercourse. Land disturbance activity does not include routine maintenance to maintain original line and grade, hydraulic capacity, or the original purpose of the facility, nor does it include emergency construction activities required to protect public health and safety.

36. “Land owner” or “Property Owner.” The holder of legal title to the land, and other persons or entities who exercise control over a land development project pursuant to rights granted in a purchase agreement, joint venture agreement, development agreement, or longterm lease.

37. “Landscape.” As it is used in this chapter, landscape may be, but is not limited to, garden areas, lawn, turf, trees, hedges, vegetated areas, planting areas, rain gardens, native vegetation, existing wildland, and open spaces with permeable ground.

38. “Litter.” As used in this chapter, litter may be, but is not limited to, plastic, paper, cigarette butts, floor sweepings, trash, rubbish, food, cloth, metal, recyclable material, or waste matter of whatever character.

39. “Low Impact Development” (“LID”). An approach to new and redevelopment designs to reduce runoff and mimic a site's predevelopment hydrology by minimizing disturbed areas and impervious cover, and promoting infiltration, storage, detainment, evapotranspiration, and/or the harvesting of stormwater runoff close to its source. LID techniques include both source control and site design measures and employ principles such as preserving and recreating natural landscape features and minimizing imperviousness. LID stormwater control measures include, but are not limited to, rain barrels, cisterns, green roofs, permeable pavement, and preserving undeveloped open space. LID principles treat stormwater as a resource, rather than a waste product that must be removed from the site.

40. “Maximum extent practicable.” A standard for implementation of stormwater management programs to reduce pollutants in stormwater to the maximum extent possible, taking into account equitable considerations and competing facts including, but not limited to the seriousness of the problem, public health risks, environmental benefits, pollutant removal effectiveness, regulatory compliance, cost and technical feasibility.

41. “Micro-detention.” A series of multiple small stormwater detention areas that absorb or detain some or all of the stormwater runoff in a development site, by temporarily storing 128
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stormwater near where it falls as precipitation. Micro-detention is one of several Best Management Practices that can be used to treat or infiltrate stormwater or collect it for reuse at a development site and can include common landscaping features such as small garden areas, tree grates, perimeter hedges, and bio-retention areas such as rain gardens; it may also include non-vegetated areas such as sub-surface storage areas with regulated out-flow.

42. “Mobile Businesses.” Service providing businesses that operate by traveling to customers or customer’s sites, rather than operating from a permanently fixed facility.

Examples of mobile businesses with a potential to discharge non-stormwater discharges are, but are not limited to, automobile washing, vehicle oil changing, power washing, steam cleaning, and carpet cleaning.

43. “Municipal National Pollutant Discharge Elimination System (NPDES) Permit.” The Municipal Regional Stormwater National Pollution Discharge Elimination System permit issued to the City of Cupertino by the Regional Water Quality Control Board, San Francisco Bay Region, also termed the Municipal Regional Permit (MRP).

44. “New development.” Construction, rehabilitation, redevelopment, or reconstruction of any public or private residential project (whether single-family, multi-unit, or planned unit development); or industrial, commercial, retail or other nonresidential project, including public agency projects.

45. “Non-stormwater.” Any discharge that is not composed entirely of stormwater.

46. “Notice of Violation” (“NOV”). An official written notice of noncompliance, issued to a discharger from the Director of Public Works, which provides notification that a violation of this chapter has occurred, consistent with an Enforcement Response Plan written in accordance with permit requirements.

47. “NPDES.” As authorized by the Clean Water Act (CWA), the National Pollutant Discharge Elimination System (NPDES) Permit Program which controls water pollution by regulating sources that discharge pollutants into waters of the United States. The State Water Board establishes policies and regulations that help protect and restore the water quality in California, coordinates with and supports Regional Water Board efforts, and reviews Regional Water Board actions. The Regional Water Boards monitor and enforce the plans, policies, and regulations and issue the vast majority of NPDES permits, typically for a five-year term.

48. “ Stormwater Management Facilities Operation, Maintenance and Easement Agreement.” A written agreement providing for the long-term operation and maintenance of stormwater treatment measures at a site or with respect to a land development project, which when recorded in the deed records constitutes a restriction on the title to a site or other land involved in a land development project.

49. “Owner.” The legal or beneficial owner of a site, including but not limited to, a mortgagee or vendee in possession, receiver, executor, trustee, lessee or other person, firm or corporation in control of the site.

50. “Permeable or Pervious surfaces.” Surfaces such as pervious concrete, porous asphalt, unit pavers, and/or granular materials that allow water to infiltrate into subsurface soil. 129
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51. “Permit.” The permit issued by the City of Cupertino to the applicant required for undertaking any land development activity.

52. “Person.” Any person, firm, association, organization, partnership, business trust, joint venture, corporation or company, and includes the United States, the State of California, the County of Santa Clara, special purpose districts and any officer or agency thereof.

53. “Pollutant of Concern.” As described in the Municipal Regional Permit, pollutants of concern are, but are not limited to, sewage, industrial wastes, heavy metals, sediments from active or inactive construction sites, vehicle fluids, chlorine and chlorine compounds (including pool and spa water), synthetic organics (pesticides, herbicides, and PCBs), paints, solvents, trash, litter, cardboard, debris, rubbish, refuse, bark, sawdust, or other solid wastes.

54. “Redevelopment.” Land-disturbing activity that results in the creation, addition, or replacement of exterior impervious surface area on a site on which some past development has occurred.

55. “Regional project.” A regional or municipal project with sufficient capacity or credit to protect or enhance water quality and/or beneficial uses in a manner equivalent to or greater than the stormwater benefits that would have been provided from the installation of the required treatment measures at the subject project site. A regional project must discharge to or address the same receiving waters as the subject project site and must meet other Municipal Regional Permit conditions, such as requirements for the project completion date.

56. “Regulated Project.” Any project fitting a category description listed in Provision C.3.b. of the Municipal Regional Permit.

57. “Riparian areas.” An ecosystem that is the interface between dry land and a water body such as a creek, stream, river, lake, or marsh. Vegetation in riparian areas is characterized by a predominance of hydrophilic plants.

58. “Runoff.” The water from rain or irrigation that flows over the land surface and is not absorbed into the ground, instead flowing into streams or other surface waters or land depressions.

59. “Runon.” Water entering a specific location from elsewhere on or off a site.

60. “Sanitary sewage or sewage.” Water-carried wastes from residences, business property, institutions and industrial property excluding ground water, surface water, and storm waters.

61. “Santa Clara Valley Urban Runoff Pollution Prevention Program.” (“SCVURPPP”) The Santa Clara Valley Urban Runoff Pollution Prevention Program is an association of thirteen cities and towns in the Santa Clara Valley, together with Santa Clara County and the Santa Clara Valley Water District. Program participants, referred to as Co-permittees, share a common Municipal Regional Permit to discharge stormwater to South San Francisco Bay.

62. “Secondary containment.” The level of containment external to and separate from the primary containment, designed as the first level of protection against accidental discharges or overflows from the primary containment.
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63. “Sewer system or sanitary sewer system.” All sewers and other facilities for carrying, collecting, treating, and disposing of sanitary sewage.

64. “Site.” Any tract, lot or parcel of land or combination of tracts, lots, or parcels of land, which are in one ownership, or are contiguous and in diverse ownership where a development is to be performed as part of a unit, subdivision, or project.

65. “Site design measures.” Techniques designed to reduce the amount of runoff by decreasing the amount of impervious surface, infiltrating runoff into the soil and/or temporary detention. Examples of site design measures include directing runoff to landscaped areas, limiting the amount of impervious surface, and using permeable pavement.

66. “Source control measure.” Any schedule of activities, prohibitions of practices, maintenance procedures, managerial practices or operational practices that aim to prevent stormwater pollution by reducing the potential for contamination at the source of pollution.

Structural measures or nonstructural practices used to eliminate contact between rainfall and potential source of contamination. Examples include covered materials handling and vehicle washing areas, parking lot sweeping, and sewer clean-outs installed adjacent to new swimming pools.

67. “Storm drain system.” The conveyance or system of conveyances, including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains owned or operated by the City and used for the purpose of collecting, storing, transporting, or disposing of runoff.

68. “Stormwater.” Surface runoff and drainage associated with storm events.

69. “Stormwater discharge.” Any discharge from land that results or probably will result in a discharge into watercourses. The discharges represent a process whereby pollutants, debris and chemicals generated from various land uses accumulate on streets, construction sites, parking lots and other exposed surfaces and are washed off and carried away by stormwater runoff into watercourses. The major pollutants of concern in these discharges are heavy metals, sediments, petroleum hydrocarbons, organochlorine, pesticides and toxics.

70. “Stormwater Management Plan.” A document describing how existing runoff characteristics will be affected by a land development project and containing measures for preventing increased flood damage, streambank channel erosion and habitat and water quality degradation, while enhancing and promoting public health, safety and general welfare, in compliance with the provisions of this chapter.

71. “Stormwater Pollution Prevention Plan.” (“SWPPP”) A document identifying potential stormwater pollutant sources at a construction or industrial site, the best management practices to be used to reduce these pollutants during and after construction and a description of required BMP monitoring.

72. “Stormwater Treatment” or “Stormwater Treatment Measure.” A constructed treatment system, or nonstructural practice designed to temporarily retain, infiltrate or otherwise store and/or treat stormwater runoff in order to remove pollutants, mitigate flooding, protect habitat, and provide other amenities. Stormwater treatment measures 131
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include site design, source control, low impact development control measures and hydromodification management controls. Such processes include, but are not limited to filtration, gravity settling, media absorption, biodegradation, biological uptake, chemical oxidation and ultraviolet (UV) radiation.

73. “Threatened Discharge.” A condition creating a reasonable probability that a discharge would contact or would eventually be transported to the storm drain system, gutters or surface waters, including flood plain areas.

74. “Unpolluted water.” Water to which no constituent has been added, either intentionally, accidentally, or through erosion, that would render the water unacceptable for disposal to storm or natural drainages or directly to surface waters.

75. “Vehicle fluid.” A liquid used in or drained from a motor vehicle. Vehicle fluids include, but are not limited to, gasoline, diesel fuel, motor oil, brake fluid, radiator fluid, hydraulic fluid, transmission fluid, windshield wiper fluid, and coolant.

76. “Vehicle service facility.” A commercial or industrial facility that conducts one or more of the following operations with respect to vehicles or components of vehicles: vehicle repair, fuel dispensing, vehicle fluid replacement, engine and parts cleaning, body repair, vehicle salvaging and wrecking, or vehicle washing.

77. “Waste.” Sewage and soil from erosion and any and all other waste substances, liquid, solid, gaseous or radioactive, associated with human habitation, or of human or animal origin, or from any producing, manufacturing or processing operation of whatever nature, including waste placed within containers of whatever nature prior to, and for purposes of, disposal.

78. “Watercourse.” Any natural or artificial stream, river, creek, ditch, channel, canal, conduit, culvert, drain, waterway, gully, ravine or wash, in and including any adjacent area that is subject to inundation from overflow or flood water.

79. “Water quality impact.” Any deleterious effect on waters or wetlands, including their quality, quantity, surface area, species composition, aesthetics or usefulness for human or natural uses that are or may potentially be harmful or injurious to human health, welfare, safety or property, to biological productivity, diversity, or stability or which unreasonably interfere with the enjoyment of life or property, including outdoor recreation.

80. “Water Waste.” Outdoor water intended for landscape irrigation or other beneficial uses, which due to overwatering, overspray, broken equipment, or any other inefficiency or malfunction, flows to adjacent impervious surfaces (walks, roadways, parking lots or other structures that prohibit ground infiltration) and is wasted as runoff.

81. “Wet Waste Business.” A business that produces food, organic and/or liquid wastes (collectively “wet waste”) which, if left out in the open as opposed to in a secured container, could create a public nuisance as well as a stormwater violation, is a wet waste business. Such businesses include, but are not limited to restaurants, grocery stores, produce markets and florists.
(Ord. 13-2103, § 1, 2013; Ord. 2088, § 1 (part), 2012; Ord. 1982, § 1 (part), 2006; Ord. 1967, § 1 (part), 2005; Ord. 1922, § 1 (part), 2003; Ord. 1598, § 1 (part), 1992) 132
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9.18.030 Limitations on Point of Discharge.

No person shall discharge any substance directly into a manhole or other opening in a City storm drain other than through a city approved storm drain connection. (Ord. 2088, § 1 (part), 2012; Ord. 1982, § 1 (part), 2006; Ord. 1967, § 1 (part), 2005; Ord. 1922, § 1 (part), 2003; Ord. 1598, § 1 (part), 1992)

9.18.040 Discharge into the Storm Drain System Prohibited.

A. It is unlawful to cause, allow, or permit to be discharged to any public or private lands, any discharge not composed entirely of stormwater to the storm drain system or to surface waters or to any location where it would contact or eventually be transported to surface waters, including flood plain areas, unless specifically called out in the Municipal Regional Permit as an exempt or conditionally exempt discharge.

B. It is unlawful to cause or allow discharges to any public or private lands including, but not limited to pool water, carwash water, ongoing and large-volume landscape irrigation water, sediment, stockpiled material, rubbish, refuse, bark, sawdust, solid wastes or hazardous materials to be deposited in such a manner or location as to constitute a threatened discharge to the storm drain system.

C. It is unlawful to throw, deposit, leave, abandon, maintain or keep materials or wastes on public or private lands in a manner and place where they may result in a “threatened discharge” or an illicit discharge.

D. Allowable discharges to the storm drain system shall not cause any impairment in the beneficial uses or quality of water of the state as defined in the California Water Code or any special requirements of the Regional Water Quality Control Board, San Francisco Bay Region or to injure or interfere with the operation of the State’s watercourses. City may, from time to time, by resolution of the City Council adopt supplementary policies, rules and regulations on discharge into any storm drain or watercourse which shall have the same force and effect as if set forth herein and for which the remedies herein for violation shall be applicable.

E. Separately Permitted Discharges regulated under a valid facility-specific NPDES permit or facility-specific Regional Water Quality Control Board waste discharge requirements permit, not including a state general permit, shall be regulated exclusively by the Regional Water Quality Control Board and are exempt from discharge prohibitions established by this chapter, provided compliance with all relevant permit conditions is maintained to the satisfaction of the Board. Stormwater discharges at a facility with a facility specific permit which only addresses process discharges or non-stormwater discharges are not exempted.

F. Categorically Allowed Discharges. The following unpolluted discharges are exempt from prohibitions of non-stormwater discharges:
(1) Flows from riparian habitats or wetlands;
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(2) Diverted stream flows;
(3) Flows from natural springs;
(4) Rising ground waters;
(5) Uncontaminated and unpolluted groundwater infiltration; (6) Single family homes’ pumped ground water; foundation drains, and water from crawl space pumps and footing drains;
(7) Pumped groundwater from drinking water aquifers; and (8) NPDES permitted discharges (individual or general permits).

G. Conditionally Exempted Discharges. The discharges identified in the Municipal Regional Permit (Provision C.15.b, Conditionally Exempted Non-Stormwater Discharges) are conditionally exempt from the discharge prohibitions established by this chapter if dischargers develop and implement appropriate control measures to eliminate adverse impacts of such sources in accordance with the tasks and implementation levels of each category of Provision C.15.b.i-vi.

H. Exemptions Not Absolute. Any discharge category (exempt or conditionally exempt) that is a significant source of pollutant to waters of the United States shall be prohibited from entering the storm drain system, or shall be subjected to a requirement to implement additional best management practices to reduce pollutants in the discharge to the maximum extent practicable. Such prohibitions shall be effective on a schedule specified by an authorized enforcement official in a written notice to the discharger. The schedule may take into account the nature and severity of any effects caused by the discharge; and the time required to design, engineer, fund, procure, construct and make appropriate best management practices operational.

I. Non-Stormwater Discharge. This prohibition shall not apply to any non-stormwater discharge permitted under an NPDES permit, waiver, or waste discharge order issued to the discharger and administered by the state of California under the authority of the Federal Environmental Protection Agency, provided that the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations. The authorized enforcement official may exempt in writing other non-stormwater discharges which are not a source of pollutants to the storm drain system upon approval by the Executive Officer of the San Francisco Bay Regional Water Quality Control Board. (Ord. 2088, § 1 (part), 2012; Ord. 1982, § 1 (part), 2006; Ord. 1967, § 1 (part), 2005; Ord. 1922, § 1 (part), 2003; Ord. 1598, § 1 (part), 1992)

9.18.060 Protection of Storm Drain from Accidental Discharge.

Each person shall provide protection from accidental discharge of non-stormwater into any storm drain or watercourse. Measures to prevent accidental discharge of prohibited materials shall be provided and maintained at the user’s or property owner’s expense. 134
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(Ord. 2088, § 1 (part), 2012; Ord. 1982, § 1 (part), 2006; Ord. 1967, § 1 (part), 2005; Ord. 1922, § 1 (part), 2003; Ord. 1598, § 1 (part), 1992)

9.18.070 Accidental Discharge–Notification of Discharge.

All persons shall notify the Director of Public Works, or their designee immediately upon accidentally discharging pollutants of concern to enable countermeasures to be taken by the City to minimize damage to storm drains and the receiving waters. Initial notification shall be followed, within five (5) business days of the date of occurrence, by a detailed written statement describing the causes of the accidental discharge and the measures being taken to prevent future occurrences. Such notification will not relieve persons of liability for violations of this chapter or for any fines imposed on the City on account thereof under Section 13350 of the California Water Code, or for violation of Section 5650 of the California Fish and Wildlife Code, or any other applicable provisions of State or Federal laws. (Ord. 2088, § 1 (part), 2012; Ord. 1982, § 1 (part), 2006; Ord. 1967, § 1 (part), 2005; Ord. 1922, § 1 (part), 2003; Ord. 1598, § 1 (part), 1992)

9.18.080 Permitted Discharges Pursuant to Industrial and Construction Stormwater NPDES General Permits.

A. The provisions of this chapter shall not prohibit any discharge with a valid NPDES permit issued to the discharger, provided compliance with all relevant permit conditions is maintained to the satisfaction of the Regional Water Quality Control Board.

B. Any person subject to a State Industrial or Construction Stormwater NPDES General permit shall comply with all provisions of such permit. Proof of compliance shall be required in a form acceptable to the authorized enforcement official prior to, or as a condition of, the approval of a subdivision map, site plan, building permit, development permit, grading permit or improvement plan, upon inspection of the facility and/or during any enforcement action.
(Ord. 2088, § 1 (part), 2012; Ord. 1982, § 1 (part), 2006; Ord. 1967, § 1 (part), 2005; Ord. 1922, § 1 (part), 2003; Ord. 1598, § 1 (part), 1992)

9.18.090 Stormwater Pollution Prevention Plan (SWPPP).

A stormwater pollution prevention plan (SWPPP) shall be prepared and made available at any construction project that is subject to the State Construction Stormwater NPDES General permit. The SWPPP shall be written by a Qualified SWPPP Developer, as defined in the current State NPDES Stormwater Construction General permit. At minimum, the SWPPP shall address the following six BMP categories to implement year-round, seasonally appropriate control measures: (1) erosion control, (2) run-on and runoff control, (3) sediment control, (4) active treatment systems, (5) good site management, and (6) non-stormwater management. 135
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(Ord. 2088, § 1 (part), 2012; Ord. 1982, § 1 (part), 2006; Ord. 1967, § 1 (part), 2005; Ord. 1922, § 1 (part), 2003)

9.18.100 Permanent Stormwater Measures Required for Regulated Projects.

A. All Regulated Projects as described in Provision C.3.b of the City’s Municipal Regional Stormwater NPDES Permit shall design and incorporate treatment measures to minimize both soluble and insoluble stormwater runoff pollution and to prevent increases in runoff flows for the life of the project. Projects incorporating these permanent stormwater treatment measures shall utilize guidance and standards from the current SCVURPPP C.3.

Stormwater Handbook. Permanent treatment measures shall be designed according to the numeric sizing criteria in Provision C.3.d of the City’s Municipal Regional Stormwater NPDES Permit. Hydromodification Management (HM), if applicable, shall be designed according to Provision C.3.g of the City’s Municipal Regional Stormwater NPDES Permit. Regulated projects are subject to the City’s review and approval, and shall meet all requirements in Provision C.3. of the City’s Municipal Regional Stormwater NPDES Permit. The Owner(s) of Regulated Projects are responsible for ongoing maintenance and compliance with applicable MRP requirements.

B. Site design measures for non-Regulated Projects. All new development and redevelopment projects subject to planning, building, development, or other comparable reviews by the City, but not meeting the definition of a Regulated Project, are required to use site design measures per Provision C.3.i of the City’s Municipal Regional Stormwater NPDES Permit.

C. The Director of Public Works shall have the authority to establish reasonable rules and regulations consistent with provisions of this chapter for the purpose of its administration and enforcement.
(Ord. 2088, § 1 (part), 2012; Ord. 1982, § 1 (part), 2006; Ord. 1967, § 1 (part), 2005; Ord. 1922, § 1 (part), 2003)

9.18.115 Trash Load Reductions to Storm Drain System.

A. All Regulated Projects and all building permitted projects with a permit valuation exceeding $100,000 located in Moderate, High, and/or Very High Trash Generation Areas must install full trash capture devices or systems to collect litter and debris from their project site, prior to connecting to the City’s storm drain system. This requirement applies to projects on private lands already connected to the City’s storm drain system. This requirement also applies to bioretention overflow drains. Full trash capture devices and/or systems that have been approved as meeting the standards set by the San Francisco Bay Regional Water Quality Control Board will be deemed as satisfactory for meeting this requirement. A list of approved devices and their manufacturers can be obtained from the State of California Water Quality Control Board website.
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B. Installed full capture trash devices must be maintained by the property owner for the life of the project, following the manufacturer’s recommendations for maintenance.

C. It is a violation of this chapter for property owner to fail to properly operate and maintain any full capture trash device installed on the owner’s property. (Ord. 2088, § 1 (part), 2012)

9.18.120 Stormwater Management Plan Required for Regulated Projects.

A. All Regulated Projects must be accompanied by a Stormwater Management Plan and a completed City of Cupertino Regulated Development Project Checklist, as required by this chapter. The Stormwater Management Plan shall detail how runoff and associated water quality impacts resulting from the activity will be controlled or managed.

B. City Permit Requirements. Building, grading, and encroachment permits for Regulated Projects shall not be issued until the required Stormwater Management Plan has been reviewed and approved by the Director of Public Works.

C. Stormwater Management Plan Contents. Stormwater Management Plans shall include sufficient information to evaluate the environmental characteristics of affected areas, the potential impacts of the proposed development on water resources, and the effectiveness and acceptability of control measures proposed for managing stormwater runoff. The minimum information submitted to support a Stormwater Management Plan shall be in accordance with the Municipal Regional Permit and the current City of Cupertino Regulated Development Project Checklist.

D. Preparation of the Stormwater Management Plan. Stormwater Management Plans shall be prepared, stamped and signed by a professional civil engineer registered in the State of California. Depending on the specific project, the Director of Public Works may allow a stormwater management plan to be prepared by a Landscape Architect licensed by the State of California.

E. Certification of Adherence to Numeric Sizing Design Criteria. The developer shall provide a signed certification from an approved third party reviewer selected from the SCVURPPP List of Qualified Consultants for Design, Review and/or Certification of Stormwater Treatment Best Management Practices and Hydromodification Flow Control Facilities, to determine that the plan for proposed stormwater treatment measures, including hydromodification management controls (if applicable), meets the requirements of this chapter and established numeric sizing criteria in the Municipal Regional Permit. Any consultant hired to design and/or construct a stormwater treatment system for a Regulated Project shall not be the certifying person for the project.

F. As-Built Certification. Upon completion of construction, the Engineer-of-Record for a Regulated Project shall provide the City with a stamped and signed certification that all constructed stormwater treatment measures have been installed according to the approved plans and specifications.
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G. Revised Stormwater Management Plan Required. The City may require the owner of a Regulated Project who has previously received approval of a Stormwater Management Plan, to prepare and submit a revised Stormwater Management Plan for approval if the stormwater treatment measures are inadequate or are not being adequately maintained; or if the facility or activity at issue becomes a significant source of contaminants to the storm drain system or damages a downstream watercourse despite compliance with this chapter.

Any owner required to submit and to obtain approval of a revised plan shall install, implement and maintain the stormwater treatment measures specified in the approved revised plan.
(Ord. 2088, § 1 (part), 2012; Ord. 1982, § 1 (part), 2006; Ord. 1967, § 1 (part), 2005; Ord. 1922, § 1 (part), 2003)

9.18.130 Low Impact Development (LID) Requirements.

Regulated Projects shall comply with LID requirements in the SCVURPPP C.3. Stormwater Handbook and shall be designed according to the current Provision C.3.c. of the City’s Municipal Regional Stormwater NPDES Permit. The Owner(s) of Regulated Projects are responsible for ongoing maintenance and compliance with applicable MRP requirements. (Ord. 2088, § 1 (part), 2012)

9.18.140 [reserved]

9.18.150 Stormwater Treatment Measure Operation and Maintenance Responsibility.

A. For the life of the project, all on-site stormwater treatment measures shall be operated, conducted, and maintained in good condition and promptly repaired by the property owner(s), an Owners’ or Homeowners’ Association or other legal entity approved by the City.

B. Any repairs or restoration and maintenance shall be in accordance with City-approved plans.

C. The property owner(s) of Regulated Projects shall develop a maintenance schedule for the life of any stormwater control measures and shall describe the maintenance to be completed, the time period for completion, and the person who will perform the maintenance. The stormwater treatment measures maintenance schedules shall be included with the project’s approved Stormwater Management Plan. (Ord. 2088, § 1 (part), 2012; Ord. 1982, § 1 (part), 2006; Ord. 1967, § 1 (part), 2005; Ord. 1922, § 1 (part), 2003)

9.18.160 Agreement to Maintain Stormwater Treatment Systems and Best Management Practices.
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A. Prior to the issuance of any building permit for a Regulated Project, the owner(s) of the site shall enter into a formal written Stormwater Management Facilities Operation, Maintenance and Easement Agreement (Agreement) with the City. The City shall record the Agreement, against the property or properties involved, with the County of Santa Clara and it shall be binding on all subsequent owners of land served by the stormwater treatment systems and best management practices.

B. The Agreement shall require that the stormwater treatment system(s) or HM Control (if any) BMPs not be modified and that maintenance activities not alter the designed function of the facility treatment system or HM Control (if any) from its original design unless the Public Works Director has provided written certification that the requirements of this chapter have been satisfied prior to the commencement of the proposed modification or maintenance activity.

C. The Agreement shall provide that in the event that maintenance or repair is neglected, or the stormwater treatment facility becomes a danger to public health or safety, the City shall have the authority to perform maintenance and/or repair work and to recover the costs from the owner.

D. The Agreement shall provide access to the extent allowable by law for representatives of City, the local vector control district, and the Regional Water Quality Control Board, strictly for the purposes of performing operation and maintenance inspections of the installed stormwater treatment systems and/or HM controls (if any).

E. Any property owner party to an Agreement shall, upon transferring ownership of such property, provide the new owner(s) with a current copy of this chapter, and shall inform the new owners in writing of their obligation to properly operate and maintain such facilities. (Ord. 2088, § 1 (part), 2012; Ord. 1982, § 1 (part), 2006; Ord. 1967, § 1 (part), 2005; Ord. 1922, § 1 (part), 2003)

9.18.170 Stormwater Treatment Systems and BMP Inspection and Verification Responsibility.

A. The property owner(s) of Regulated Projects shall be responsible for having all stormwater management treatment systems and HM control (if any) inspected for condition and function by a knowledgeable party. The property owner shall agree in writing to properly maintain any HM control, stormwater structural control, treatment measure, and/or best management practices according to the approved plans for the project.

B. Unless otherwise required by the City, the property owner’s stormwater treatment system or HM control (if any) inspections shall be done within 45 days of the completed installation of any control or treatment systems; and after that at least once per year in preparation for the wet season. Upon City’s request, the annual inspection report shall be submitted to the City. The City may also request inspections be performed and inspection reports be prepared by a third-party consultant. Written records shall be kept of all inspections and shall include, at a minimum, information per Provision C.3.h of the City’s Municipal Regional Stormwater NPDES Permit.
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(Ord. 2088, § 1 (part), 2012; Ord. 1982, § 1 (part), 2006; Ord. 1967, § 1 (part), 2005; Ord. 1922, § 1 (part), 2003)

9.18.180 Records of Maintenance and Inspection Activities and Submission of Revised Stormwater Management Plan.

A. On or before June 30th of each year, the party responsible for the operation and maintenance of on-site stormwater treatment system(s) and HM Control(s) (if any) at Regulated Projects shall provide the City of Cupertino's Director of Public Works with documentation of the information required in Section 9.18.170. B. 1-7 regarding installation, location, inspections, maintenance and repairs:

B. The Director of Public Works may require a discharger who has previously received approval of a Stormwater Management Plan, to prepare and submit a revised Stormwater Management Plan for approval if any of the following occurs:

1. The project was not constructed according to the approved plans; or

2. The plan as constructed is not adequate for the site; or

3. The site is not adequately maintained; or

4. The site is a significant source of contaminants to the storm drain system.

C. The revised Stormwater Management Plan shall identify the stormwater treatment controls, best management practices, and/or HM controls that will be used by the discharger to prevent or control pollution of stormwater to the maximum extent practicable.

D. If the activity at issue is a construction or land disturbance activity, the revised plan submitted to the City shall at a minimum meet the requirements of the Statewide NPDES Construction General Permit Order 2009-0009 DWQ.

E. Whenever submission of a stormwater management plan or a revised stormwater management plan is required pursuant to this chapter, any authorized enforcement staff may use the, SCVURPPP C.3. Stormwater Handbook or the CASQA BMP Handbooks to assess the adequacy of the proposed plan.

Ord. 2088, § 1 (part), 2012; Ord. 1982, § 1 (part), 2006; Ord. 1967, § 1 (part), 2005; Ord. 1922, § 1 (part), 2003)

9.18.190 Failure to Maintain.

A. If the responsible party fails or refuses to meet the requirements of the Agreement, without an acceptable rationale, the City, after thirty (30) days written notice, may correct a violation of the design standards or maintenance requirements by performing the necessary work to place the facility or practice in proper working condition. 140
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B. In the event the City determines that the violation constitutes an immediate danger to public health or public safety, 24 hours written notice from the City shall be sufficient.

C. The City may assess the owner(s) of the property for the cost of repair work and any penalties, in accordance with Chapters 1.10 and 1.12 of this Municipal Code. This may be accomplished by placing a lien on the property, which may be placed on the tax bill for such property and collected in the ordinary manner for such taxes. (Ord. 2088, § 1 (part), 2012; Ord. 1982, § 1 (part), 2006; Ord. 1967, § 1 (part), 2005; Ord. 1922, § 1 (part), 2003)

9.18.195 Inspections by City.

As required by the Municipal Regional Permit, City inspectors will inspect construction sites, industrial, and commercial businesses and respond to reports of discharges and threatened discharges to the stormwater system. Compliance with all provisions of a Cityissued enforcement notice will be required within the amount of time given by the inspector and before the next anticipated rain, but not more than ten (10) business days after a violation is first noted.
(Ord. 2088, § 1 (part), 2012)

9.18.200 Inspection and Maintenance Easement.

A. The City shall have access to all on-site stormwater treatment systems for the purpose of inspection and repair. This includes the right to enter a property when the City has a reasonable basis to believe that a violation of this ordinance is occurring or has occurred and to enter when necessary for abatement of a public nuisance or correction of a violation of this ordinance.

B. Prior to the issuance of a building or grading permit for a Regulated Project, the applicant/owner shall secure the necessary inspection and maintenance easement(s) on a permanent basis. The terms of the inspection and maintenance easement shall allow the City to enter the property at reasonable times and in a reasonable manner for the purpose of inspection and repair.

C. The inspection and maintenance easement will be recorded by the City with the Agreement and will remain in effect even with transfer of title to the property.

D. The owner shall provide the City with three signed copies of the recorded inspection and maintenance easement.

E. Whenever necessary to perform Operations and Maintenance verification inspections of installed stormwater treatment system(s) and HM control(s) (if any), all Regulated Projects shall grant site access to all representatives of the authorized enforcement official, local mosquito and vector control agency staff, and Water Board staff. 141
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(Ord. 2088, § 1 (part), 2012; Ord. 1982, § 1 (part), 2006; Ord. 1967, § 1 (part), 2005; Ord. 1922, § 1 (part), 2003)

9.18.210 Stormwater Pollutant Source Controls and BMPs.

A. Best management practices at all facilities, whether staffed or unstaffed, must be inspected and maintained by the discharger according to manufacturer specifications and/or the CASQA Stormwater BMP Handbooks. These best management practices must be maintained so that they continue to function as designed. Best management practices which fail must be repaired as soon as it is safe to do so. If the failure of a best management practice indicates that the best management practices in use are inappropriate or inadequate to the circumstances, the practices must be modified or upgraded to prevent any further failure in the same or similar circumstances.

B. All construction sites must implement effective erosion control, run-on and runoff control, sediment control, active treatment systems (as appropriate), good site management, and non-stormwater management through all phases of construction (including but not limited to site grading, building and finishing of lots) until the site is fully stabilized by landscaping or the installation of permanent erosion control measures.

C. All Regulated Project sites are encouraged to include adequate source control measures to limit pollutant generation, discharge and runoff. These source control measures are identified in Section 9.18.130.

D. All dischargers must implement and maintain minimum best management practices. The Director of Public Works may require submission of information to evaluate the implementation and/or require the implementation of BMPs to prevent pollutant sources from entering the City’s storm drain system associated with outdoor process and manufacturing areas, outdoor material storage areas, outdoor waste storage and disposal areas, outdoor vehicle and equipment storage and maintenance areas, outdoor parking and access roads, outdoor wash areas, outdoor drainage from indoor areas, rooftop equipment, contaminated and erodible surfaces, or other sources determined by the Director of Public Works to have a reasonable potential to contribute to pollution of stormwater runoff.

Minimum BMPs and source control measures for all dischargers include, but are not limited to the following:

1. Storm Drain Inlet Labeling. Storm drain inlets shall be clearly marked with the words “No Dumping - Flows to Bay,” or equivalent, as approved by the Director of Public Works or their designee.

2. Landscaping shall be designed to minimize irrigation and water runoff, promote surface infiltration, minimize the use of pesticides and fertilizers, incorporate native plants, grasses and trees (which are resistant to local pests and diseases), employ appropriate sustainable landscaping practices such as designs with hydrozones to prevent over-irrigation, follow the Bay-Friendly Landscaping Guidelines or other landscaping guidelines with similar goals and practices.
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3. Water Waste Prevention. Water waste resulting from inefficient landscape irrigation shall be prevented. Runoff from irrigation shall be prohibited from leaving the targeted landscape due to low head drainage, overspray, or other similar conditions where water flows onto adjacent property, non-irrigated areas, walks, roadways, parking lots, or structures. Repeat violations or uncorrected violations will result in an administrative citation fine according to chapter 1.10 of the Municipal Code. Pursuant to Government Code Section 65596, restrictions regarding overspray and runoff may be modified if:
a. The landscape area is adjacent to permeable surfacing and no runoff occurs; or b. The adjacent non-permeable surfaces are designed and constructed to drain entirely to landscaping.

4. Drains and Drain Lines.
a. Interior floor drains must not be connected to the storm drain system. b. Exterior drains within the following areas must not be connected to the storm drain:
i. Equipment or vehicle washing areas;
ii. Areas where chemicals, hazardous materials, or other uncontained materials are used and/or stored unless secondary containment is provided; iii. Equipment or vehicle fueling areas or fluid changing areas; and iv. Loading docks where chemicals, hazardous materials, grease, oil, or waste products are handled.
v. Trash enclosures or approved covered areas where waste bins and used cooking oils are stored.

4. Roof runoff shall be directed to rain barrels, cisterns, or similar rainwater collection system, or to landscaped areas unless deemed infeasible by the Director of Public Works.

Upon approval of the Director of Public Works, projects located in hillside areas may be exempt from these requirements.

5. Nonresidential facilities shall provide secondary containment for all roof-mounted equipment, tanks, and piping containing liquids. Roof drains and equipment discharge lines must not be connected to the sanitary sewer unless reviewed and permitted by the Cupertino Sanitary District.

6. Fire Sprinkler Tests and Water Pipe Flushing: Discharges from fire sprinkler tests and water pipe flushing may not be discharged in a manner to create a threatened discharge or actual discharge to the storm water system. Discharges from these activities must be directed to landscaping capable of containing and absorbing all discharge water. Discharge to landscaping within a bioretention or similar stormwater pretreatment landscape feature is prohibited. Discharges to the sanitary system may only be conducted after a permit has been issued by the Cupertino Sanitary District.
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a. Discharges which are listed as conditionally allowed in the current municipal NPDES permit are to be directed to onsite vegetated areas which do not serve as a bioretention pretreatment system, or discharged to the sanitary sewer with the permission of Cupertino Sanitary District, or if this is not a feasible option, with BMPs that will ensure compliance with the municipal NPDES permit.
b. For new or remodeled facilities where it is infeasible to direct fire sprinkler safety test water discharges to landscaped areas, a sewer clean out shall be installed, in a readily accessible area to capture potable water discharged during fire safety sprinkler tests. The installation must first be approved by the Cupertino Sanitary District.

7. Cooling systems shall not be connected or allowed to drain to the storm drain system.

8. Condensate lines shall not be connected or allowed to drain to the storm drain system.

E. Pool and Spa Discharges.

1. It is unlawful to discharge water from pools and spas to the storm drain system.

2. De-chlorinated pool spa discharges shall be directed to landscaped areas, providing this does not generate runoff to the storm drain system. If the landscaped area cannot accommodate the discharge, pool and spa water shall be disposed to the sanitary sewer. The discharger shall contact the Cupertino Sanitary District for permitting prior to any discharges.

3. For new or remodeled swimming pools where it is infeasible to direct discharges to landscaped areas, a sewer clean out shall be installed in a readily accessible area, within ten (10) feet of the pool edge, if possible.

F. Vehicle and Equipment Fueling Facilities. Vehicle or equipment fueling facilities shall be designed in accordance with the California Stormwater Quality Association (CASQA) Industrial Stormwater Best Management Practices Handbooks to prevent the runon of stormwater and runoff of spills. At minimum this shall be accomplished by:

1. Paving the fueling area with concrete or other impervious surface;

2. Covering the fueling area and extending the cover a minimum of ten (10) feet beyond the fuel pumps in the directions of vehicle or equipment access and egress; and

3. Grading the area (sloped inward) or installing a berm or curb around the perimeter of the fueling area. Storm drains shall be prohibited in these fueling areas.

4. All storm drain inlets and bioretention overflow inlets, if required to have full trash capture devices or systems, must include a media filter designed to collect hydrocarbons from runoff. Media filters must be serviced and maintained in accordance with the manufacturer specifications.

G. Vehicle Service Facilities.
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1. It is unlawful for any person to dispose of, or permit the disposal or runoff, directly or indirectly, of vehicle fluids, hazardous materials, or rinsewater from parts cleaning operations into storm drains.

2. All owners and operators of vehicle service facilities shall ensure that any vehicle fluid, hazardous material, or rinsewater from parts cleaning operations that comes into contact with any floor, pavement or ground surface is cleaned up immediately from such surface.

3. It is unlawful to use tanks, containers or sinks for parts cleaning or rinsing which are connected to the storm drain system.

4. It is unlawful for any person to perform vehicle fluid removal outside a building, or on asphalt or ground surfaces, whether inside or outside a building, except in such a manner as to ensure that any spilled fluid will be in an area of secondary containment.

5. Leaking vehicle fluids shall be contained or drained from the vehicle immediately to protect the storm drain system.

6. It is unlawful for any person to leave unattended drip parts or other open containers containing vehicle fluid, unless such containers are in use or in secondary containment.

7. It is unlawful for any person to discharge washwater from vehicle washing operations or wash racks to a storm drain, or onto impervious ground surface.

8. Vehicle service facilities shall be cleaned using only those methods of cleaning that ensure that no materials are discharged to the storm drain.

9. All owners and operators of vehicle service and fueling facilities shall ensure that spill prevention and clean-up equipment and absorbent materials are kept in stock at all times and are readily available for use in a marked and accessible area.

10. It is unlawful to store acid-containing batteries or any material that is deemed by an enforcement official as a threat to the storm drain system, except within secondary containment.

11. All owners and operators of vehicle service facilities shall label all storm drains located on the property with the words “No Dumping - Flows to Bay,” or equivalent, as approved by the Director of Public Works or their designee.

12. All storm drain inlets and bioretention overflow inlets, if required to have full trash capture devices or systems, must include a media filter designed to collect hydrocarbons from runoff. Media filters must be serviced and maintained in accordance with the manufacturer specifications.

H. Food Service Facilities.

1. Food service facilities shall have a sink or other area for cleaning floor mats, containers, and equipment, which is connected to a grease removal device and the sanitary sewer. The sink or cleaning area shall be large enough to clean the largest mat or piece of equipment that requires cleaning at the facility.
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Cupertino City CouncilJune 6, 2023

Cupertino City Council
June 6, 2023