Cities Index.
CC 06-21-2023 Searchable Packet.pdf

Cupertino City Council
June 21, 2023

Document
CC 06-21-2023 Searchable Packet.pdf
Meeting
June 21, 2023
Body
Cupertino City Council
Pages
60
Original file
258.9 MB
Text extracted from the city's file for reading and search. Open the original on cupertino.legistar.com. That file is the official record.

CERTIFICATION
The Finance Manager hereby certifies to the accuracy of said records and to the availability of funds for payment.

CERTIFIED:

Jonathan Orozco, Finance Manager
167
CC 06-21-2023
167 of 1675
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
Main Account - Main Checking Account
Check
732512 05/12/2023 Open Accounts Payable 101 TRAILER SALES $15,524.58 Invoice Date Description Amount
30894 04/17/2023 Fleet - Diamond C HDT 20' Trailer $15,524.58 Paying Fund Cash Account Amount
630 - Vehicle/Equip Replacement 630 100-100 (Cash & Investments Assets Operating Cash)
$15,524.58
732513 05/12/2023 Open Accounts Payable Advantage Grafix $4,049.01 Invoice Date Description Amount
47512 04/23/2023 Budget Outreach Flyer 2023 Full color $255.35 47513 04/23/2023 PW CH: Wilson Park Basketball Court Print Laminate $403.22 47503 04/23/2023 PW SR2S: Middle School Skills SC Banner $2,072.01 47504 04/23/2023 PW SR2S: Lawson Community Meeting Postcard $997.60 47537 05/02/2023 Full color business 250 cards for Iqraam Nabi and Toan Quach
$213.89
47358 05/02/2023 Business Cards - Jonathan Orozco $106.94 Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$3,431.90
420 - Capital Improvement Fund 420 100-100 (Cash & Investments Assets Operating Cash)
$403.22
610 - Innovation & Technology 610 100-100 (Cash & Investments Assets Operating Cash)
$213.89
732514 05/12/2023 Open Accounts Payable AT&T $9,533.75
Invoice Date Description Amount
000019771221 04/12/2023 9391023221 (408-253-9200) 3/12/23-4/11/23 $57.64 000019771223 04/12/2023 9391023223 3/12/23-4/11/23 $79.85 000019771317 04/12/2023 9391023218 (238-371-7141) 3/12/23-4/11/23 $69.11 000019771318 04/12/2023 9391023217 (237-361-8095) 3/12/23-4/11/23 $87.72 000019771319 04/12/2023 9391023216 (233-281-5494) 3/12/23-4/11/23 $70.69 000019771320 04/12/2023 9391023215 (233-281-4421) 3/12/23-4/11/23 $89.73 000019766233 04/10/2023 9391051384 3/10/23-4/9/23 $2,555.63 000019772188-0 04/12/2023 4087771305 | | 10185 N STELLING RD - Secure FAX $16.84 000019772188-1 04/12/2023 4087771306 | | 10185 N STELLING RD - Sheriff $16.73 000019772188-2 04/12/2023 4087771307 | | 10185 N STELLING RD - Sheriff $16.73 000019772188-3 04/12/2023 4087771311 | | 22221 MC CLELLAN RD - Environmental Education Cen
$21.80
000019772188-4 04/12/2023 4087771318 | | 10555 MARY AV - Traffic Operating Center on Franc
$32.73
000019772188-5 04/12/2023 4087771331 | | 21975 SAN FERNANDO AV - BBFKiosk Alarm$17.23 000019772188-6 04/12/2023 4087771340 | | 10555 MARY AV - Alarm- Service Center
$16.86
000019772188-7 04/12/2023 4087771344 | | 21251 STEVENS CREEK BL - SEN - FAX
$16.73
000019772188-8 04/12/2023 4087771345 - CH- PG&E Meter $16.88 000019772188-9 04/12/2023 4087771346 | | 21111 STEVENS CREEK BL - SPORTS Center - HVAC Lin
$16.88
user: Vi Tran Pages: 1 of 26 Monday, May 15, 2023
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 5/6/2023 - To Payment Date: 5/12/2023 168
CC 06-21-2023
168 of 1675
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
000019772188-10 04/12/2023 4087771348 | | 10555 MARY AV - Alarm- Service Center
$17.85
000019772188-11 04/12/2023 4087771355 | | 10555 MARY AV - Mechanic Shop FAX
$16.73
000019772188-12 04/12/2023 4087773102 | | 10185 N STELLING RD - Museum/Spare
$16.73
000019772188-13 04/12/2023 4087773103 | | 10185 N STELLING RD - Museum/Spare
$16.73
000019772188-14 04/12/2023 4087773109 - FAX $16.73
000019772188-15 04/12/2023 4087773112 | | 21111 STEVENS CREEK BL - SPORTS- Fire Alarm
$18.33
000019772188-16 04/12/2023 4087773113 | | 21111 STEVENS CREEK BL - SPORTS- Fire Alarm
$16.96
000019772188-17 04/12/2023 4087773137 | | 10185 N STELLING RD - FAX QCC $16.73 000019772188-18 04/12/2023 4087773143 | | 21975 SAN FERNANDO AV - BBF - Retreat Alarm
$17.46
000019772188-19 04/12/2023 4087773145 | | 21975 SAN FERNANDO AV - BBFAlarm Golf Shed$16.88 000019772188-20 04/12/2023 4087773156 | | 21251 STEVENS CREEK BL - SENFAX Work Room$16.73 000019772188-21 04/12/2023 4087773164 | | 21111 STEVENS CREEK BL - Sports Fax
$16.88
000019772188-22 04/12/2023 4087773168 | | 21111 STEVENS CREEK BL - Sports Center Elevator
$16.88
000019772188-23 04/12/2023 4087773254 | | 21975 SAN FERNANDO AV - BBF - Golf Shed
$21.81
000019772188-24 04/12/2023 4087773258 | | 21975 SAN FERNANDO AV - BBFAlarm Café$16.73 000019772188-25 04/12/2023 4087773287 - Comm Hall - Alarm $17.36 000019772188-26 04/12/2023 4087773288 - Comm Hall - Fire Alarm $17.21 000019772188-27 04/12/2023 4087773293 - Comm Hall - Fire Alarm $16.73 000019772188-28 04/12/2023 4087773302 | | 21251 STEVENS CREEK BL - SENCredit Card Front D$16.73 000019772188-29 04/12/2023 4087773305 | | 21251 STEVENS CREEK BL - SENCredit Card Front D$16.73 000019772188-30 04/12/2023 4087773317 - CH- Finance CC VISA $16.88 000019772188-31 04/12/2023 4087773333 - CH- FAX downstairs $16.88 000019772188-32 04/12/2023 4087773365 | | 21251 STEVENS CREEK BL - RNA FAX
$16.73
000019772188-33 04/12/2023 4087773369 | | 21251 STEVENS CREEK BL - SENAlarm Line$17.96 000019772188-34 04/12/2023 4087773370 | | 21251 STEVENS CREEK BL - SENAlarm Line$16.95 000019772188-35 04/12/2023 4087773372 | | 21251 STEVENS CREEK BL - Trane Modem (HVAC)
$16.73
000019772188-36 04/12/2023 4087773387 | | 10555 MARY AV - FAX or Alarm $16.73 000019772188-37 04/12/2023 4087773388 | | 10555 MARY AV - FAX or Alarm $16.73 000019772188-38 04/12/2023 4087773399 | | 10555 MARY AV - FAX $16.91 000019772188-39 04/12/2023 4087773416 | | 21251 STEVENS CREEK BL - SENCr Card$16.73 000019772188-40 04/12/2023 4087773419 | | 21251 STEVENS CREEK BL - SENCr Card$16.73 user: Vi Tran Pages: 2 of 26 Monday, May 15, 2023
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 5/6/2023 - To Payment Date: 5/12/2023 169
CC 06-21-2023
169 of 1675
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
000019771220-0 04/12/2023 City Clerk $27.16
000019771220-1 04/12/2023 4082558166 - Service Center Admin $27.11 000019771220-2 04/12/2023 City Hall $1,579.30
000019771220-3 04/12/2023 Service Center $118.94
000019771220-4 04/12/2023 Wilson Park $27.11
000019771220-5 04/12/2023 Street Maintenance $27.29
000019771220-6 04/12/2023 Monte Vista - 0720858144 $564.76 000019771220-7 04/12/2023 BBF Golf - 0720858146 $460.38 000019771220-8 04/12/2023 BBF Park $460.38
000019771220-9 04/12/2023 0720858348 - $460.38
000019771220-10 04/12/2023 0720858349 - 10229 North Portal Avenue $460.38 000019771220-11 04/12/2023 Teleconnect: BTN0720858350 $460.38 000019771220-12 04/12/2023 720858352 $564.76
000019771220-13 04/12/2023 Teleconnect: BTN0722762181 $564.76 Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$5,761.99
560 - Blackberry Farm 560 100-100 (Cash & Investments Assets Operating Cash)
$57.64
570 - Sports Center 570 100-100 (Cash & Investments Assets Operating Cash)
$183.45
610 - Innovation & Technology 610 100-100 (Cash & Investments Assets Operating Cash)
$3,513.94
630 - Vehicle/Equip Replacement 630 100-100 (Cash & Investments Assets Operating Cash)
$16.73
732515 05/12/2023 Open Accounts Payable Automatic Door Systems, Inc. $241.25 Invoice Date Description Amount
56002 05/02/2023 Front Ent, Dbl Slider Repair $241.25
Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$241.25
732516 05/12/2023 Open Accounts Payable Backflow Prevention Specialists, Inc. $987.58 Invoice Date Description Amount
110559 05/08/2023 Grounds: Check Rubber Kit, Relief Valve Rubber Kit $837.53 110558 05/08/2023 Medians: Check Seat and Relief Valve Seat $150.05 Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$987.58
732517 05/12/2023 Open Accounts Payable CALIFORNIA WATER SERVICE $6,122.94 Invoice Date Description Amount
1188-042423 04/24/2023 5606531188 3/22/23-4/21/23 $58.16 3333-042523 04/25/2023 5926633333 3/18/23-4/19/23 $6,064.78 Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$6,122.94
732518 05/12/2023 Open Accounts Payable CINTAS CORP $2,710.41 Invoice Date Description Amount
4152150944 04/11/2023 Service Ctr: Uniforms, Mats, Shop Towels $1,508.38 4154988131 05/09/2023 Service Ctr: Uniforms, Mats, Shop Towels $1,202.03 user: Vi Tran Pages: 3 of 26 Monday, May 15, 2023
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 5/6/2023 - To Payment Date: 5/12/2023 170
CC 06-21-2023
170 of 1675
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$2,710.41
732519 05/12/2023 Open Accounts Payable Clay Planet $585.59 Invoice Date Description Amount
226750 05/05/2023 Clay Planet; 226760, Full set of Elements and Service, $585.59
$585.59
Paying Fund Cash Account Amount
580 - Recreation Program 580 100-100 (Cash & Investments Assets Operating Cash)
$585.59
732520 05/12/2023 Open Accounts Payable Comcast $701.20 Invoice Date Description Amount
171336176 05/01/2023 Business Class Internet - Mary, Stevens Creek, Voss, Apr. 2023
$701.20
Paying Fund Cash Account Amount
610 - Innovation & Technology 610 100-100 (Cash & Investments Assets Operating Cash)
$701.20
732521 05/12/2023 Open Accounts Payable County of Santa Clara $950.00 Invoice Date Description Amount
TR-2023-006 05/04/2023 Exempt Filing $50.00
TR-2023-010 05/04/2023 Exempt Filing $50.00
TR-2023-011 05/04/2023 Exempt Filing $50.00
TR-2023-012 05/04/2023 Exempt Filing $50.00
DIR-2022-019 05/04/2023 Exempt Filing $50.00
DIR-2022-024 05/04/2023 Exempt Filing $50.00
DIR-2023-003 05/04/2023 Exempt Filing $50.00
R-2022-034 05/04/2023 Exempt Filing $50.00
R-2022-035 05/04/2023 Exempt Filing $50.00
R-2022-036 05/04/2023 Exempt Filing $50.00
R-2022-040 05/04/2023 Exempt Filing $50.00
R-2022-043 05/04/2023 Exempt Filing $50.00
R-2022-049 05/04/2023 Exempt Filing $50.00
R-2022-055 05/04/2023 Exempt Filing $50.00
R-2022-056 05/04/2023 Exempt Filing $50.00
RM-2022-033 05/04/2023 Exempt Filing $50.00
RM-2022-034 05/04/2023 Exempt Filing $50.00
RM-2022-036 05/04/2023 Exempt Filing $50.00
RM-2022-042 05/04/2023 Exempt Filing $50.00
Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$950.00
732522 05/12/2023 Open Accounts Payable County of Santa Clara $379.00 Invoice Date Description Amount
IN1282902 04/17/2023 Streets - DEH Permit $379.00
Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$379.00
user: Vi Tran Pages: 4 of 26 Monday, May 15, 2023
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 5/6/2023 - To Payment Date: 5/12/2023 171
CC 06-21-2023
171 of 1675
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
732523 05/12/2023 Open Accounts Payable County of Santa Clara -Office of the Sheriff
$1,379,849.83
Invoice Date Description Amount
1800085653 05/01/2023 Advance for Law Enforcement Svs MAY 23 $1,379,849.83 Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$1,379,849.83
732524 05/12/2023 Open Accounts Payable DCSE, INC $2,320.00 Invoice Date Description Amount
13 04/14/2023 GIS Data Update 12/1/2022 to 3/31/2023 $2,320.00 Paying Fund Cash Account Amount
610 - Innovation & Technology 610 100-100 (Cash & Investments Assets Operating Cash)
$2,320.00
732525 05/12/2023 Open Accounts Payable Department of Transportation $644.64 Invoice Date Description Amount
SL230780 04/18/2023 Signals & Lighting Billing through 012023-032023 $644.64 Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$644.64
732526 05/12/2023 Open Accounts Payable Devil Mountain Wholesale Nursery $3,794.82 Invoice Date Description Amount
INV153352 05/08/2023 Trees/ROW - Quercus Engelmanni Standard 25" Box $3,794.82 Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$3,794.82
732527 05/12/2023 Open Accounts Payable Dex Systems Engineering $2,720.00 Invoice Date Description Amount
1603 05/07/2023 Cupt. Lectern work; Wireless microphones, Zoom Conf. Rooms
$2,720.00
Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$2,720.00
732528 05/12/2023 Open Accounts Payable Elcor Electric, Inc. $5,600.00 Invoice Date Description Amount
9000 04/26/2023 SO #11 Power Circuit for City Hall Printer Move $4,223.00 9003 04/26/2023 Community Hall ADA Controller Power Repair $893.00 9002 04/26/2023 Check Receptacles for Proper Generator Voltage $484.00 Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$5,600.00
732529 05/12/2023 Open Accounts Payable ENTERPRISE FM TRUST $1,145.46 Invoice Date Description Amount
FBN4742888 05/03/2023 Fleet - May 2023/2022 Ford Escape Vin# 79773 $572.73 FBN4718924 04/05/2023 Ford ESCA Monthly Lease Charge $572.73 Paying Fund Cash Account Amount
630 - Vehicle/Equip Replacement 630 100-100 (Cash & Investments Assets Operating Cash)
$1,145.46
user: Vi Tran Pages: 5 of 26 Monday, May 15, 2023
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 5/6/2023 - To Payment Date: 5/12/2023 172
CC 06-21-2023
172 of 1675
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
732530 05/12/2023 Open Accounts Payable FEDEX $31.12
Invoice Date Description Amount
8-107-60580 04/21/2023 FEDEX Services - PW $18.53
8-114-83278 04/28/2023 FEDEX Services - PW $12.59
Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$31.12
732531 05/12/2023 Open Accounts Payable Foster Brothers Security Systems $101.87 Invoice Date Description Amount
2642 12/05/2022 Facilities: Drilling Jig, Backset $101.87 Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$101.87
732532 05/12/2023 Open Accounts Payable Freyer & Laureta, Inc. $20,677.50 Invoice Date Description Amount
23-046 02/01/2023 Memorial Park Pond Removal through 110122-123122 $20,677.50 Paying Fund Cash Account Amount
280 - Park Dedication 280 100-100 (Cash & Investments Assets Operating Cash)
$20,677.50
732533 05/12/2023 Open Accounts Payable Got Gophers, Inc. $310.00 Invoice Date Description Amount
44250 04/30/2023 Trees/ROW - April 2023 Mary Bridge Maint./Blaney $310.00 Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$310.00
732534 05/12/2023 Open Accounts Payable HILTI $119.07
Invoice Date Description Amount
4621143220 05/04/2023 Streets - Compact Drill/Driver $119.07 Paying Fund Cash Account Amount
270 - Transportation Fund 270 100-100 (Cash & Investments Assets Operating Cash)
$119.07
732535 05/12/2023 Open Accounts Payable HOME DEPOT CREDIT SERVICES $2,571.09 Invoice Date Description Amount
5618092 03/28/2023 Facilities - Michael Chandler Metric Bolt $3.40 2610421 03/31/2023 Facilities - Michael Chandler Double Tape $8.18 5012370 03/28/2023 Grounds - Victor E Lumber, Screw $23.10 7600815 04/05/2023 Grounds - Ralph A Washer $1.88
7600721 04/05/2023 Grounds - Ralph A Breaker SIF 60A 2-Pole $16.70 8400126 04/04/2023 Grounds - Sean Filbeck Cable Tie, Bell End,3/4 Schedule
$41.04
9021718 04/03/2023 Grounds - Travis W Wilson Pump Supplies $479.90 9611204 04/03/2023 Facilities - Robert G Large Hook $9.26 7600797 04/05/2023 Facilities - Robert G Plumbers Putty, Coupling $13.79 1602815 04/11/2023 Facilities - Michael Chandler Febreeze $8.17 2602521 04/10/2023 Facilities - Michael Chandler Cap $5.86 3390514 04/19/2023 Grounds - Paul S Lumber $62.90
9603438 04/13/2023 Facilities - Michael Chandler Wire Tracker, Staples $45.84 9522470 04/13/2023 Facilities - Michael Chandler LED Motion Light $120.27 8614536 04/14/2023 Facilities - Michael Miranda Silicone Clear $20.74 user: Vi Tran Pages: 6 of 26 Monday, May 15, 2023
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 5/6/2023 - To Payment Date: 5/12/2023 173
CC 06-21-2023
173 of 1675
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
3400130 04/19/2023 Grounds - Aaron Saiz Lumber $30.87
1014130 04/11/2023 Grounds - Richard Banda Bushing, Hosebib $17.61 3610713 04/19/2023 Facilities - Michael Chandler Cover Gray $29.46 1524463 04/21/2023 Facilities - Michael Chandler Drain & Toilet Clog Dissolver
$24.03
2015068 04/20/2023 Trees/ROW - Ricardo A Paint, Plywood, Pipe Strap $81.24 8080529 04/24/2023 Facilities - Domingo Santos Insulate, Bushing, Cement, Adapter
$46.32
8390522 04/24/2023 Grounds - Ricardo Acevedo Bushing, Batteries $351.44 1390517 04/21/2023 Grounds - Aaron Saiz Lumber, Adhesive $80.02 1400132 04/21/2023 Grounds - Aaron Saiz Lumber $21.64
7034176 04/25/2023 Streets - Wrench Set, Knee Pads $92.90 2091565 04/20/2023 Facilities - Robert Griffiths Wall Plate, Locknut $17.47 6324654 04/26/2023 Grounds - Bill Bridge Emitter Diffuser $37.17 5613213 04/27/2023 Grounds - Travis Warner Pliers, Shovels, Screwdriver Set
$488.23
5324689 04/27/2023 Streets - Jon W Mixer, Mixing Paddle, Roll Cover, Paint Stick
$202.28
5513176 04/27/2023 Facilities - Michael Chandler Glow Rod Set, Screw Set, Grease
$94.35
6015611 04/26/2023 Trees/ROW - Paint, Caution Tape $59.16 6525734 04/26/2023 Facilities - Michael Miranda Seal Tub, White $11.33 5390526 04/27/2023 Grounds - Sean F PVC Bushing $24.54
Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$2,237.19
230 - Env Mgmt Cln Crk Strm Drain 230 100-100 (Cash & Investments Assets Operating Cash)
$92.90
270 - Transportation Fund 270 100-100 (Cash & Investments Assets Operating Cash)
$202.28
570 - Sports Center 570 100-100 (Cash & Investments Assets Operating Cash)
$38.72
732536 05/12/2023 Open Accounts Payable International City/County Management Association , (ICMA)
$1,200.00
Invoice Date Description Amount
945129-2023 05/10/2023 FY23-24 Kristina Alfaro ICMA Membership Renewal $1,200.00 Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$1,200.00
732537 05/12/2023 Open Accounts Payable Mood Media $108.90 Invoice Date Description Amount
57534229 05/01/2023 MOOD MEDIA Recurring Services from 01-MAY-23 to 31-MAY-23
$108.90
Paying Fund Cash Account Amount
570 - Sports Center 570 100-100 (Cash & Investments Assets Operating Cash)
$108.90
732538 05/12/2023 Open Accounts Payable Mountain View Garden Center $160.25 Invoice Date Description Amount
112900 04/26/2023 Trees-Medians: Topsoil $160.25
Paying Fund Cash Account Amount
user: Vi Tran Pages: 7 of 26 Monday, May 15, 2023
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 5/6/2023 - To Payment Date: 5/12/2023 174
CC 06-21-2023
174 of 1675
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$160.25
732539 05/12/2023 Open Accounts Payable Napa Auto Parts $1,214.44 Invoice Date Description Amount
696555 04/25/2023 Fleet - Hydraulic Filter $22.26
695623 04/12/2023 Fleet - Wiper Blade $57.09
695950 04/17/2023 Fleet - Cab Filter $175.47
696218 04/20/2023 Fleet - Blade, FL Tubing, Valve $313.62 696609 04/25/2023 Fleet - Prem AW 46 Hyd FL 5G $646.00
Paying Fund Cash Account Amount
630 - Vehicle/Equip Replacement 630 100-100 (Cash & Investments Assets Operating Cash)
$1,214.44
732540 05/12/2023 Open Accounts Payable Northern Tool & Equipment Company, Inc.
$1,776.25
Invoice Date Description Amount
51927057 03/22/2023 Fleet: Fuel Pump w/ Filter $666.56
51910997 03/17/2023 Fleet: 100 Gal Tank $1,109.69
Paying Fund Cash Account Amount
630 - Vehicle/Equip Replacement 630 100-100 (Cash & Investments Assets Operating Cash)
$1,776.25
732541 05/12/2023 Open Accounts Payable NV5, Inc. $6,161.25 Invoice Date Description Amount
000000327671 05/02/2023 Building Plan Review Services - Westport 2023/03 $6,161.25 Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$6,161.25
732542 05/12/2023 Open Accounts Payable O'Reilly Auto Parts $40.37 Invoice Date Description Amount
2591-287747 04/28/2023 Fleet - Coupler $40.37
Paying Fund Cash Account Amount
630 - Vehicle/Equip Replacement 630 100-100 (Cash & Investments Assets Operating Cash)
$40.37
732543 05/12/2023 Open Accounts Payable Operating Engineers Local Union No. 3 $1,443.48
Invoice Date Description Amount
05052023 05/05/2023 Union Dues pp 4/22/23-5/5/23 $1,443.48 Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$1,443.48
732544 05/12/2023 Open Accounts Payable PACE Supply Corp $1,013.35 Invoice Date Description Amount
168565177 05/02/2023 Grounds: Ultra Flex CPLG Ford $1,013.35 Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$1,013.35
732545 05/12/2023 Open Accounts Payable PG&E $22,308.73 Invoice Date Description Amount
1715-042123 04/21/2023 4993063171-5 3/17/23-4/17/23 $22,308.73 user: Vi Tran Pages: 8 of 26 Monday, May 15, 2023
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 5/6/2023 - To Payment Date: 5/12/2023 175
CC 06-21-2023
175 of 1675
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$22,308.73
732546 05/12/2023 Open Accounts Payable PG&E $93.19
Invoice Date Description Amount
4212-042723 04/27/2023 3535370421-2 3/22/23-4/20/23 $93.19 Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$93.19
732547 05/12/2023 Open Accounts Payable PG&E $25,578.20 Invoice Date Description Amount
3296-050123 05/01/2023 5116972329-6 3/14/23-4/24/23 $25,578.20 Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$25,578.20
732548 05/12/2023 Open Accounts Payable PG&E $225.34
Invoice Date Description Amount
0349-042623 04/26/2023 3042033034-9 3/21/23-4/19/23 $225.34 Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$225.34
732549 05/12/2023 Open Accounts Payable PG&E $115.04
Invoice Date Description Amount
8413-042823 04/28/2023 4685859841-3 3/23/23-4/23/23 $115.04 Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$115.04
732550 05/12/2023 Open Accounts Payable PG&E $29.88
Invoice Date Description Amount
0719-042623 04/26/2023 9223068071-9 3/21/23-4/19/23 $29.88 Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$29.88
732551 05/12/2023 Open Accounts Payable PG&E $165.21
Invoice Date Description Amount
5875-042123 04/21/2023 2012160587-5 3/21/23-4/19/23 $165.21 Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$165.21
732552 05/12/2023 Open Accounts Payable PG&E $1,349.61
Invoice Date Description Amount
9785-042823 04/28/2023 2016881978-5 3/22/23-4/20/23 $1,349.61 Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$1,349.61
732553 05/12/2023 Open Accounts Payable PG&E $351.66
Invoice Date Description Amount
7100-041423 04/14/2023 7166121710-0 3/9/23-4/6/23 $351.66 user: Vi Tran Pages: 9 of 26 Monday, May 15, 2023
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 5/6/2023 - To Payment Date: 5/12/2023 176
CC 06-21-2023
176 of 1675
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$351.66
732554 05/12/2023 Open Accounts Payable Pine Cone Lumber Co $292.88 Invoice Date Description Amount
187190 05/03/2023 Streets - DF Pressure Treated $42.53
187192 05/03/2023 Grounds - 2x6 14' RWD, 4x6 08' RWD $250.35 Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$250.35
270 - Transportation Fund 270 100-100 (Cash & Investments Assets Operating Cash)
$42.53
732555 05/12/2023 Open Accounts Payable SAN JOSE WATER COMPANY $31,932.93 Invoice Date Description Amount
7329-04272023 04/27/2023 0645365732-9 Streets Division 3.28.23 to 4.27.23 $573.82 SJW042623-0 04/26/2023 0573900000-7 - 22120 Stevens Creek Blvd $109.27 SJW042623-1 04/26/2023 3872100000-8 - Park Canyon Oak Wy $351.66 SJW042623-2 04/26/2023 5022148584-5 - 10301 Byrne Ave $121.23 SJW042623-3 04/26/2023 7112900000-7 - Oak Valley Rd $183.59 SJW042723-0 04/27/2023 0068410000-1 - 22221 McClellan 8302 $2,164.86 SJW042723-1 04/27/2023 0134100000-6 - 8303 Memorial Park $779.34 SJW042723-2 04/27/2023 0345710000-0 - Alderbrook Ln.FS $146.39 SJW042723-3 04/27/2023 0677310000-0 - 10300 Torre Ave LS (Comm.Hall) $318.29 SJW042723-4 04/27/2023 1198300000-8 - 21979 San Fernando Ave. 6620 $243.03 SJW042723-5 04/27/2023 1250520000-1 - 6620 Blackberry/Snack $243.03 SJW042723-6 04/27/2023 1332100000-5 - Hyde Avenue $920.28 SJW042723-7 04/27/2023 1444810000-9 - Hyannisport Dr. LS $575.51 SJW042723-8 04/27/2023 1735700000-3 - 8303 Memorial Park Restroom $281.33 SJW042723-9 04/27/2023 1787904559-3 - 22221 McClellan 8302 $165.14 SJW042723-10 04/27/2023 1832500000-0 - Ruppell PL LS $279.67 SJW042723-11 04/27/2023 1836700000-9 - 8322 Mary Mini Park $262.17 SJW042723-12 04/27/2023 1987700000-0 - Alderbrook Ln LS $1,941.60 SJW042723-13 04/27/2023 2228610000-7 - 21111 Stevens Crk LS $249.40 SJW042723-14 04/27/2023 2243500000-9 - 10300 Ainsworth Dr.LS $433.64 SJW042723-15 04/27/2023 2286120000-8 - 21251 Stevens Creek Blvd $92.42 SJW042723-16 04/27/2023 2288800000-1 - Stokes Ave/8306 Somerset Park $280.42 SJW042723-17 04/27/2023 2649300000-9 - 10300 Torre Ave. FS (Comm.Hall) $146.39 SJW042723-18 04/27/2023 2787197813-9 - 8322 Stevens Creek Bl $76.79 SJW042723-19 04/27/2023 2892070144-9 - 22221 McClellan 8320 $184.84 SJW042723-20 04/27/2023 2958510000-0 - 10555 Mary Ave. $121.47 SJW042723-21 04/27/2023 2974010000-2 - 21251 Stevens Creek Blvd $370.71 SJW042723-22 04/27/2023 2984810000-3 - 8504 Alves and Stelling $300.47 SJW042723-23 04/27/2023 3207400000-4 - 21710 McClellan 8312 $427.72 SJW042723-24 04/27/2023 3322910000-4 - 8306 Somerset Park(Stokes Ave) $280.42 SJW042723-25 04/27/2023 3530520000-4 - 21111 Stev.Crk Blvd 8510 $440.04 SJW042723-26 04/27/2023 3612707315-7 - Stocklmeir Ct $271.09 SJW042723-27 04/27/2023 3673220000-5 - Stev.Crk/Cupertino Rd. $76.79 SJW042723-28 04/27/2023 3688120000-4 - Mary Ave Footbridge $168.37 SJW042723-29 04/27/2023 3746710000-6 - 21111 Stev.Crk BL FS $145.23 user: Vi Tran Pages: 10 of 26 Monday, May 15, 2023
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 5/6/2023 - To Payment Date: 5/12/2023 177
CC 06-21-2023
177 of 1675
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
SJW042723-30 04/27/2023 3841010000-2 - 8507 Monta Vista Park $274.94 SJW042723-31 04/27/2023 3856110000-9 - 8322 Stella Estates $76.79 SJW042723-32 04/27/2023 3857710000-1 - 8322 Foothill/Cupertino Rd $152.38 SJW042723-33 04/27/2023 3900520000-9 - 10300 Torre Ave $581.94 SJW042723-34 04/27/2023 3953083125-2 - Tuscany Pl $720.91 SJW042723-35 04/27/2023 4012210000-7 - 22601 Voss Av 8304 $741.94 SJW042723-36 04/27/2023 4103020000-4 - 6620 Blackberry/Snack $338.79 SJW042723-37 04/27/2023 4227520000-6 - 8303 Memorial Park $313.24 SJW042723-38 04/27/2023 4444250747-9 - Tuscany Pl $788.50 SJW042723-39 04/27/2023 5122900000-8 - Portable Meter - Trees & ROW $537.35 SJW042723-40 04/27/2023 5237400000-9 - Dumas Dr, LS $660.85 SJW042723-41 04/27/2023 5356310000-6 - 8322 Stev.Crk/Median $243.03 SJW042723-42 04/27/2023 5778910000-5 - 8504 Quinlan Ln.FS $92.42 SJW042723-43 04/27/2023 5835000000-4 - 8322 Stelling/Alves $152.38 SJW042723-44 04/27/2023 5929210000-1 - 8322 Ann Arbor Ct $152.38 SJW042723-45 04/27/2023 5948100000-4 - Emerg Irrig/Golf/ 6640 BBF $2,972.40 SJW042723-46 04/27/2023 5986710000-6 - 10300 Torre Ave. FS (Comm.Hall) $525.70 SJW042723-47 04/27/2023 5997110000-9 - 7555 Barnhart Pl $1,009.49 SJW042723-48 04/27/2023 6287875324-3 - 22241 McClellan Rd (Simms) $280.02 SJW042723-49 04/27/2023 6296810000-8 - 8322 Stev.Crk Bl median $76.79 SJW042723-50 04/27/2023 6405210000-1 - 8506 McClellan Ranch $168.64 SJW042723-51 04/27/2023 6578520000-0 - 83 Foothill Bl/Alpine Dr22 LS $152.38 SJW042723-52 04/27/2023 6730700000-9 - 21975 San Fernando Av $76.79 SJW042723-53 04/27/2023 6788620000-4 - 10555 Mary Ave. 8503 $300.47 SJW042723-54 04/27/2023 6875120000-4 - 21979 San Fernando Av $204.78 SJW042723-55 04/27/2023 6907100000-9 - Alderbrook Ln $223.32 SJW042723-56 04/27/2023 6935200000-9 - 8303 Memorial Park $511.18 SJW042723-57 04/27/2023 6973320000-5 - 8301 Linda Vista PK1 $281.33 SJW042723-58 04/27/2023 7036000000-7 - 85 Stev.Crk/Mary LS $152.38 SJW042723-59 04/27/2023 7054200000-8 - 8322 Phar Lap LS $232.47 SJW042723-60 04/27/2023 7495200000-3 - 10300 Torre Ave FS $146.39 SJW042723-61 04/27/2023 7523510000-7 - Oak Valley Road LS $177.22 SJW042723-62 04/27/2023 7630410000-1 - Salem Av.LS $152.38 SJW042723-63 04/27/2023 7930000000-1 - 8322 Stelling/Christensen Dr. $203.45 SJW042723-64 04/27/2023 8006810000-9 - 10450 Mann Dr $53.71 SJW042723-65 04/27/2023 8065700000-8 - Peninsula and Fitzgerald Is $53.71 SJW042723-66 04/27/2023 8270010000-9 - Janice Ave.LS $280.42 SJW042723-67 04/27/2023 8287220000-9 - 8322 Stevens Cr/San Antonio Ls $83.16 SJW042723-68 04/27/2023 8427420000-9 - 8322 Foothill/Vista Knoll $152.38 SJW042723-69 04/27/2023 8549600000-2 - Bubb Rd.LS $530.47 SJW042723-70 04/27/2023 8647520000-1 - 10555 Mary Ave/Corp Yard FS $237.65 SJW042723-71 04/27/2023 8755010000-9 - 10455 Miller Ave/Creekside $493.53 SJW042723-72 04/27/2023 8879620000-9 - 8504 Christensen Dr $287.71 SJW042723-73 04/27/2023 8886800000-6 - 8301 Linda Vista PK2 $243.03 SJW042723-74 04/27/2023 9118810000-1 - 21121 Stevens Ck Bl Ls $334.09 SJW042723-75 04/27/2023 9377600000-7 - 8307 Varian Park $388.95 SJW042723-76 04/27/2023 9824500000-9 - 8322 Irrig SC/Stelling $226.88 SJW042723-77 04/27/2023 4299057897-5 - Alhambra Ave $1,165.40 Paying Fund Cash Account Amount
user: Vi Tran Pages: 11 of 26 Monday, May 15, 2023
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 5/6/2023 - To Payment Date: 5/12/2023 178
CC 06-21-2023
178 of 1675
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$27,217.95
230 - Env Mgmt Cln Crk Strm Drain 230 100-100 (Cash & Investments Assets Operating Cash)
$573.82
560 - Blackberry Farm 560 100-100 (Cash & Investments Assets Operating Cash)
$2,972.40
570 - Sports Center 570 100-100 (Cash & Investments Assets Operating Cash)
$1,168.76
732556 05/12/2023 Open Accounts Payable SRIXON / Cleveland Golf / XXIO $954.10 Invoice Date Description Amount
7442373 SO 04/19/2023 Stock Balls $954.10
Paying Fund Cash Account Amount
560 - Blackberry Farm 560 100-100 (Cash & Investments Assets Operating Cash)
$954.10
732557 05/12/2023 Open Accounts Payable Teri Black & Co., LLC $19,821.51 Invoice Date Description Amount
23-0430-408 05/07/2023 Recruitment for Deputy City Manager $19,821.51 Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$19,821.51
732558 05/12/2023 Open Accounts Payable The Home Depot Pro $377.25 Invoice Date Description Amount
739629467 04/10/2023 Facilities - Master Kit $377.25
Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$377.25
732559 05/12/2023 Open Accounts Payable The Regents of the University of California
$2,254.00
Invoice Date Description Amount
12376208 05/06/2023 OnLAW Pro - Real Property Library, May 6 2023-May 5 2024
$2,254.00
Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$2,254.00
732560 05/12/2023 Open Accounts Payable Towlift $45,249.35 Invoice Date Description Amount
00294058 04/14/2023 Fleet: Pneumatic Forklift $45,249.35 Paying Fund Cash Account Amount
630 - Vehicle/Equip Replacement 630 100-100 (Cash & Investments Assets Operating Cash)
$45,249.35
732561 05/12/2023 Open Accounts Payable TPx Communications $2,154.08 Invoice Date Description Amount
169866277-0 04/30/2023 Telephone Service for new VoIP System April 2023 $2,154.08 Paying Fund Cash Account Amount
610 - Innovation & Technology 610 100-100 (Cash & Investments Assets Operating Cash)
$2,154.08
user: Vi Tran Pages: 12 of 26 Monday, May 15, 2023
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 5/6/2023 - To Payment Date: 5/12/2023 179
CC 06-21-2023
179 of 1675
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
732562 05/12/2023 Open Accounts Payable TransUnion Risk and Alternative $165.00 Invoice Date Description Amount
6110432-202304-1 05/01/2023 Tlo 04/01/2023 - 04/30/2023 $165.00 Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$165.00
732563 05/12/2023 Open Accounts Payable Tubelite $2,944.64 Invoice Date Description Amount
30713351-00 05/02/2023 Streets - Vinyl White, Abrasion Guard, Blue Spot, Blk Spot
$482.78
30640051-00 04/13/2023 Sign shop printer POST WARRANTY CARE PACK FOR L365
$2,461.86
Paying Fund Cash Account Amount
270 - Transportation Fund 270 100-100 (Cash & Investments Assets Operating Cash)
$482.78
610 - Innovation & Technology 610 100-100 (Cash & Investments Assets Operating Cash)
$2,461.86
732564 05/12/2023 Open Accounts Payable TURF & INDUSTRIAL EQUIPMENT CO.
$788.14
Invoice Date Description Amount
IV46130 04/26/2023 Fleet - Tank, Mower, Spacer, Idler, Wheel $788.14 Paying Fund Cash Account Amount
630 - Vehicle/Equip Replacement 630 100-100 (Cash & Investments Assets Operating Cash)
$788.14
732565 05/12/2023 Open Accounts Payable Valley Welding $4,000.00 Invoice Date Description Amount
2023080 04/28/2023 McClellan Ranch: Mower Service $4,000.00 Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$4,000.00
732566 05/12/2023 Open Accounts Payable Volar Strategic Advisors Inc. $6,000.00 Invoice Date Description Amount
1774A 02/10/2023 Communication Strategy and Support, February 2023 $6,000.00 Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$6,000.00
732567 05/12/2023 Open Accounts Payable Wagstaffe, von Loewenfeldt, Busch & Radwick LLP
$617.50
Invoice Date Description Amount
4111.2304 05/08/2023 Legal Services, April 2023 $617.50 Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$617.50
732568 05/12/2023 Open Accounts Payable Walter Buenning Golf Balls $536.25 Invoice Date Description Amount
004 05/09/2023 Used golf balls $536.25
Paying Fund Cash Account Amount
user: Vi Tran Pages: 13 of 26 Monday, May 15, 2023
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 5/6/2023 - To Payment Date: 5/12/2023 180
CC 06-21-2023
180 of 1675
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
560 - Blackberry Farm 560 100-100 (Cash & Investments Assets Operating Cash)
$536.25
732569 05/12/2023 Open Accounts Payable WesSpur Tree Equipment, Inc $1,421.72 Invoice Date Description Amount
IN-2702441 04/26/2023 Trees/ROW - Harness, Locksafe, Rope, Climbing Kit $1,421.72 Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$1,421.72
732570 05/12/2023 Open Accounts Payable WORLD OIL ENVIRONMENTAL

SERVICES
$95.00
Invoice Date Description Amount
I500-00923890 05/01/2023 Streets - Used Oil Mixed Oil Pick-up $95.00 Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$95.00
732571 05/12/2023 Open Accounts Payable BHAGWAT, DEEPAVALI M $11,000.00 Invoice Date Description Amount
307177 05/09/2023 10494 Mira Vista Ave, Grading Bond, 307177 $11,000.00 Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$11,000.00
732572 05/12/2023 Open Accounts Payable JIAJUN ZONG $347.00 Invoice Date Description Amount
316853 05/08/2023 REFUND 21076 GRENOLA DR R-2022-046

CATEGORICAL EXEMPTION FEE
$347.00
Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$347.00
732573 05/12/2023 Open Accounts Payable PAPPAS, PETER $77.24 Invoice Date Description Amount
FICA 05/09/2023 FICA Employee Tax Refund $77.24
Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$77.24
732574 05/12/2023 Open Accounts Payable PRAACHI AGGARWAL $211.00 Invoice Date Description Amount
REFUND050923 05/09/2023 REFUND 7522 TIPTOE LANE STR-2023-0028 OVER

PAYMENT
$211.00
Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$211.00
732575 05/12/2023 Open Accounts Payable Facility Solutions Group, Inc $1,058.92 Invoice Date Description Amount
5336134-01 04/07/2023 Facilities - Unv PSN Ht $480.39
5336134-00 04/05/2023 Facilities - Unv PSN Ht, Octron Fluo $578.53 Paying Fund Cash Account Amount
user: Vi Tran Pages: 14 of 26 Monday, May 15, 2023
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 5/6/2023 - To Payment Date: 5/12/2023 181
CC 06-21-2023
181 of 1675
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$1,058.92
Type Check Totals: 64 Transactions $1,657,304.37
EFT
36974 05/10/2023 Open Accounts Payable California Public Employees' Retirement System
$395,399.74
Invoice Date Description Amount
7158-041423 04/14/2023 Health Premiums $395,399.74
Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$280,687.01
642 - Retiree Medical 642 100-100 (Cash & Investments Assets Operating Cash)
$114,712.73
36975 05/12/2023 Open Accounts Payable Colonial Life & Accident Insurance $29.16 Invoice Date Description Amount
05052023 05/05/2023 Colonial Products pp 4/22/23-5/5/23 $29.16 Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$29.16
36976 05/12/2023 Open Accounts Payable Employment Development $8,551.61 Invoice Date Description Amount
05052023 05/05/2023 State Disability Insurance pp 4/22/23-5/5/23 $8,551.61 Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$8,551.61
36977 05/12/2023 Open Accounts Payable National Deferred (ROTH) $3,124.89 Invoice Date Description Amount
05052023 05/05/2023 Nationwide Roth pp 4/22/23-5/5/23 $3,124.89 Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$3,124.89
36978 05/12/2023 Open Accounts Payable National Deferred Compensatin $24,635.71 Invoice Date Description Amount
05052023 05/05/2023 Nationwide Deferred Compensation pp 4/22/23-5/5/23 $24,635.71 Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$24,635.71
36979 05/12/2023 Open Accounts Payable PERS-457K $18,106.75 Invoice Date Description Amount
05052023 05/05/2023 PERS Deferred Comp pp 4/22/23-5/5/23 $18,106.75 Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$18,106.75
36980 05/12/2023 Open Accounts Payable State Disbursement Unit $688.42 Invoice Date Description Amount
05052023 05/05/2023 Child Support pp 4/22/23-5/5/23 $688.42 Paying Fund Cash Account Amount
user: Vi Tran Pages: 15 of 26 Monday, May 15, 2023
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 5/6/2023 - To Payment Date: 5/12/2023 182
CC 06-21-2023
182 of 1675
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$688.42
36981 05/12/2023 Open Accounts Payable A-1 FENCE INC. $950.00 Invoice Date Description Amount
14293 04/21/2023 Grounds: Repair Slide Gate $950.00
Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$950.00
36982 05/12/2023 Open Accounts Payable ABAG POWER- ASSOCIATION OF

BAY AREA GOVERNMENTS
$10,548.13
Invoice Date Description Amount
AR031635 05/01/2023 FY 23 AMD Level Charge-Nat Gas $10,548.13 Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$9,494.98
570 - Sports Center 570 100-100 (Cash & Investments Assets Operating Cash)
$1,053.15
36983 05/12/2023 Open Accounts Payable ADVANCED CHEMICAL TRANSPORT, INC.
$1,086.36
Invoice Date Description Amount
483978 04/30/2023 Streets - Hazmat Waste Collection $1,086.36 Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$1,086.36
36984 05/12/2023 Open Accounts Payable AIRGAS USA LLC $87.50 Invoice Date Description Amount
9997008243 04/30/2023 Fleet - Large Acetylene and Oxygen Rental $87.50 Paying Fund Cash Account Amount
630 - Vehicle/Equip Replacement 630 100-100 (Cash & Investments Assets Operating Cash)
$87.50
36985 05/12/2023 Open Accounts Payable Alliant Insurance Services, Inc. $1,186.00 Invoice Date Description Amount
2297116 05/10/2023 Insurance Premium for Summer Concert Services 2023
$1,186.00
Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$1,186.00
36986 05/12/2023 Open Accounts Payable Amazon Capital Services $801.12 Invoice Date Description Amount
1N9Y-9F66-N4DX 04/17/2023 1x VCELINK Cat6 RJ45 Surface Mount Box Shielded 1 -Port, Compatib
$16.14
1JTF-DFFV-MLP3 03/13/2023 25pcs 6x9 Kraft Bubble Mailers #0 Padded Env., & 9'x 6 boxes
$31.59
1QRP-R6CK-MLHV 05/01/2023 6x USB C Charger 20W, Anker 511 Charger (Nano Pro), PIQ 3.0 Dura
$99.48
133K-NWFQ-P367 05/01/2023 CAO 3M Privacy filter for 14 Inch Widescreen Laptop, COMPLY Atta
$42.95
17CX-TQCP-NN6R 05/01/2023 GIS plotter Canon Printhead (PF-04) $452.76 user: Vi Tran Pages: 16 of 26 Monday, May 15, 2023
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From Payment Date: 5/6/2023 - To Payment Date: 5/12/2023 183
CC 06-21-2023
183 of 1675
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
1Q1L-61MX-RR9P 05/08/2023 2x Mouse Pad & 2x CAT6 Outdoor Cable, 500ft, 23AWG Solid Bare Co
$158.20
Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$74.54
610 - Innovation & Technology 610 100-100 (Cash & Investments Assets Operating Cash)
$726.58
36987 05/12/2023 Open Accounts Payable Amazon Web Services, Inc. $2,902.07 Invoice Date Description Amount
1323785793 05/02/2023 Applications AWS April 1 - April 30 , 2023 $1,437.83 1325729769 05/02/2023 GIS AWS April 1 - April 30, 2023 $1,464.24 Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$1,437.83
610 - Innovation & Technology 610 100-100 (Cash & Investments Assets Operating Cash)
$1,464.24
36988 05/12/2023 Open Accounts Payable Apolent Corporation $13,120.00 Invoice Date Description Amount
CC230430 04/28/2023 Preeti Gupta Consulting Services 4/1/23 - 4/30/23 $13,120.00 Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$13,120.00
36989 05/12/2023 Open Accounts Payable B&H PHOTO-VIDEO $2,649.56 Invoice Date Description Amount
212905961 05/02/2023 4x HANWHA 5MP 3.7MM FIXD FOCAL LENS F/PNM9000, 2x Outdoor dome$2,649.56 Paying Fund Cash Account Amount
610 - Innovation & Technology 610 100-100 (Cash & Investments Assets Operating Cash)
$2,649.56
36990 05/12/2023 Open Accounts Payable Balance Studios, Inc $13,333.34 Invoice Date Description Amount
4001 05/04/2023 McClellan Ranch AR App Payment 1 $13,333.34 Paying Fund Cash Account Amount
610 - Innovation & Technology 610 100-100 (Cash & Investments Assets Operating Cash)
$13,333.34
36991 05/12/2023 Open Accounts Payable Bay Area Printer and Data Services $327.38 Invoice Date Description Amount
372335 04/30/2023 2x Black Toner Cartridge, 12,500 page yield $327.38 Paying Fund Cash Account Amount
610 - Innovation & Technology 610 100-100 (Cash & Investments Assets Operating Cash)
$327.38
36992 05/12/2023 Open Accounts Payable BOSCO OIL INC DBA VALLEY OIL $568.98 Invoice Date Description Amount
622611 04/28/2023 Fleet - DEF $568.98
Paying Fund Cash Account Amount
630 - Vehicle/Equip Replacement 630 100-100 (Cash & Investments Assets Operating Cash)
$568.98
user: Vi Tran Pages: 17 of 26 Monday, May 15, 2023
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**LIVE** Cupertino **LIVE**
From Payment Date: 5/6/2023 - To Payment Date: 5/12/2023 184
CC 06-21-2023
184 of 1675
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
36993 05/12/2023 Open Accounts Payable Boucher Law, PC $5,525.04 Invoice Date Description Amount
1394 05/07/2023 Labor & Employment Law Matters $5,525.04 Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$5,525.04
36994 05/12/2023 Open Accounts Payable BRIAN GATHERS $55.00 Invoice Date Description Amount
BrianG050423 05/04/2023 Cell Phone Reimbursement - Brian G 4.05.23 to

05.04.23 $55.00
Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$55.00
36995 05/12/2023 Open Accounts Payable CLEARBLU ENVIRONMENTAL $662.07 Invoice Date Description Amount
30099 05/02/2023 Streets - May 2023 Preventive Maint. $662.07 Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$662.07
36996 05/12/2023 Open Accounts Payable COLLEEN FERRIS $67.08 Invoice Date Description Amount
ColleenF050223 05/02/2023 MSKITCH MAT, KURTRUST CARE $67.08 Paying Fund Cash Account Amount
570 - Sports Center 570 100-100 (Cash & Investments Assets Operating Cash)
$67.08
36997 05/12/2023 Open Accounts Payable Cyxtera Communications, LLC $1,195.14 Invoice Date Description Amount
B1-2342142 05/01/2023 FY23 Colocation Services - June 2023 $1,195.14 Paying Fund Cash Account Amount
610 - Innovation & Technology 610 100-100 (Cash & Investments Assets Operating Cash)
$1,195.14
36998 05/12/2023 Open Accounts Payable Eflex Group, Inc $4,145.16 Invoice Date Description Amount
05052023 05/05/2023 FSA Employee Health pp 4/22/23-5/5/23 $4,145.16 Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$4,145.16
36999 05/12/2023 Open Accounts Payable GARDENLAND POWER

EQUIPMENT
$191.30
Invoice Date Description Amount
996750 03/17/2023 Fleet - Repair Service Gasket, Pump w/Gaskets $191.30 Paying Fund Cash Account Amount
630 - Vehicle/Equip Replacement 630 100-100 (Cash & Investments Assets Operating Cash)
$191.30
37000 05/12/2023 Open Accounts Payable GRAINGER INC $1,049.84 Invoice Date Description Amount
9693145469 05/02/2023 Facilities - Standard White Smooth Satin $10.26 9692614713 05/01/2023 Fleet - Roller Chain, Roller Attachment $666.01 user: Vi Tran Pages: 18 of 26 Monday, May 15, 2023
Payment Register
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From Payment Date: 5/6/2023 - To Payment Date: 5/12/2023 185
CC 06-21-2023
185 of 1675
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
9695912411 05/03/2023 Streets - Cleaning Tissues, Hollow Punch set $120.53 9694383382 05/02/2023 Trees/ROW - Type II Safety Can Red $253.04 Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$263.30
270 - Transportation Fund 270 100-100 (Cash & Investments Assets Operating Cash)
$120.53
630 - Vehicle/Equip Replacement 630 100-100 (Cash & Investments Assets Operating Cash)
$666.01
37001 05/12/2023 Open Accounts Payable Gym Precision, Inc. $1,057.45 Invoice Date Description Amount
18859 05/01/2023 Service Order#22194. Two life fitness counter weight are worn
$832.45
18848 04/27/2023 Preventative Maintenance was performed on all gym equipment
$225.00
Paying Fund Cash Account Amount
570 - Sports Center 570 100-100 (Cash & Investments Assets Operating Cash)
$1,057.45
37002 05/12/2023 Open Accounts Payable Heritage Landscape Supply Group, Inc.
$620.32
Invoice Date Description Amount
0009825534-002 03/24/2023 Medians: Flow Sensor Brass Tee $620.32 Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$620.32
37003 05/12/2023 Open Accounts Payable HortScience I Bartlett Consulting $240.00 Invoice Date Description Amount
16471 04/28/2023 TR-2023-008 Arborist Peer 2nd Review - 10046 Bianchi Way
$240.00
Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$240.00
37004 05/12/2023 Open Accounts Payable IFPTE LOCAL 21 $1,873.39 Invoice Date Description Amount
05052023 05/05/2023 Association Dues - CEA pp 4/22/23-5/5/23 $1,873.39 Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$1,873.39
37005 05/12/2023 Open Accounts Payable IMPEC GROUP INC,. $400.00 Invoice Date Description Amount
2304236 04/30/2023 Quinlan and Sr Ctr: Custodial Service $400.00 Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$400.00
37006 05/12/2023 Open Accounts Payable Independent Code Consultants, Inc. $12,512.84 Invoice Date Description Amount
1750 04/03/2023 Building Plan Review Services - 2023/03 $12,262.84 1751 04/03/2023 Building Plan Review Services - Westport 2023/03 $250.00 Paying Fund Cash Account Amount
user: Vi Tran Pages: 19 of 26 Monday, May 15, 2023
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 5/6/2023 - To Payment Date: 5/12/2023 186
CC 06-21-2023
186 of 1675
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$12,512.84
37007 05/12/2023 Open Accounts Payable Interstate Traffic Control Products, Inc.
$1,198.44
Invoice Date Description Amount
256369 05/08/2023 Streets - K Marker 18" w/Base White Reflection $1,198.44 Paying Fund Cash Account Amount
270 - Transportation Fund 270 100-100 (Cash & Investments Assets Operating Cash)
$1,198.44
37008 05/12/2023 Open Accounts Payable INVARION, INC. $799.00 Invoice Date Description Amount
INV-2995 05/01/2023 1x RapidPlan License Renewal $799.00 Paying Fund Cash Account Amount
610 - Innovation & Technology 610 100-100 (Cash & Investments Assets Operating Cash)
$799.00
37009 05/12/2023 Open Accounts Payable Knorr Systems International $2,584.89 Invoice Date Description Amount
199256 04/29/2023 Facilities - Chlorine, Acid, Bicarbonate $2,584.89 Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$2,584.89
37010 05/12/2023 Open Accounts Payable Melissa Robertson $46.42 Invoice Date Description Amount
MelissaR050223 05/02/2023 Reimbursement for Council Snacks $46.42 Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$46.42
37011 05/12/2023 Open Accounts Payable Michael Baker International $7,949.25 Invoice Date Description Amount
1177408 04/24/2023 Library Expansion CREST through 04022023 $7,949.25 Paying Fund Cash Account Amount
420 - Capital Improvement Fund 420 100-100 (Cash & Investments Assets Operating Cash)
$7,949.25
37012 05/12/2023 Open Accounts Payable MissionSquare $16,655.86 Invoice Date Description Amount
05052023 05/05/2023 ICMA Deferred Comp pp 4/22/23-5/5/23 $16,655.86 Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$16,655.86
37013 05/12/2023 Open Accounts Payable Nexinite, LLC $7,117.50 Invoice Date Description Amount
INV-002026 04/06/2023 FY23 Form Digitization Service March 2023 $7,117.50 Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$7,117.50
user: Vi Tran Pages: 20 of 26 Monday, May 15, 2023
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 5/6/2023 - To Payment Date: 5/12/2023 187
CC 06-21-2023
187 of 1675
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
37014 05/12/2023 Open Accounts Payable Nomad Transit LLC $66,127.76 Invoice Date Description Amount
INV001-7808 04/30/2023 Via Cupertino Shuttle through April 2023 $66,127.76 Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$66,127.76
37015 05/12/2023 Open Accounts Payable ODP Business Solutions, LLC. $523.89 Invoice Date Description Amount
280801874001 11/29/2022 Kitchen and Office Supplies: Tea and Paper $127.71 307747622001 04/14/2023 Kitchen Supplies: Sugar, Coffee, Tea $149.30 310318840001 04/21/2023 Office Supplies for Cabinet $30.44 309448541001 04/20/2023 Coffee $67.29
309430979001 04/20/2023 Kitchen Supplies: Coffee and Coffee Supplies $149.15 Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$523.89
37016 05/12/2023 Open Accounts Payable OLM Recycling Services LLC $1,393.43 Invoice Date Description Amount
4462 05/02/2023 Streets - Ewaste Pickup $1,393.43
Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$1,393.43
37017 05/12/2023 Open Accounts Payable Pakpour Consulting Group, Inc. $5,600.00 Invoice Date Description Amount
4089 04/07/2023 Stevens Creek Blvd Class IV Bikeway Ph 2 through 030123-033123
$5,600.00
Paying Fund Cash Account Amount
420 - Capital Improvement Fund 420 100-100 (Cash & Investments Assets Operating Cash)
$5,600.00
37018 05/12/2023 Open Accounts Payable PARS/City of Cupertino $4,288.24 Invoice Date Description Amount
05052023 05/05/2023 PARS pp 4/22/23-5/5/23 $4,288.24
Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$4,288.24
37019 05/12/2023 Open Accounts Payable PayPal Inc. $63.90 Invoice Date Description Amount
PPGW132636804 04/30/2023 cupertinoweb4 VSV0003096477 01-Apr-23 to 30-Apr23$19.95 PPGW132826093 04/30/2023 cupertinoweb2 VSV0001160385 01-Apr-23 to 30-Apr23$43.95 Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$63.90
37020 05/12/2023 Open Accounts Payable PlaceWorks $8,257.50 Invoice Date Description Amount
81686 04/30/2023 Permanente Creek Environmental Review Services - 2023/04
$8,257.50
user: Vi Tran Pages: 21 of 26 Monday, May 15, 2023
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 5/6/2023 - To Payment Date: 5/12/2023 188
CC 06-21-2023
188 of 1675
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$8,257.50
37021 05/12/2023 Open Accounts Payable PLAN JPA $807.88 Invoice Date Description Amount
PLAN-2023-0201 05/08/2023 General Liability Claims - April 2023 $807.88 Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$807.88
37022 05/12/2023 Open Accounts Payable Plante & Moran, PLLC $27,295.00 Invoice Date Description Amount
2278299 04/21/2023 Professional Serv. Phase 1: Needs Assessment March 1 - 31, 2023
$27,295.00
Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$27,295.00
37023 05/12/2023 Open Accounts Payable Professional Turf Management, Inc. $18,693.56 Invoice Date Description Amount
1275 04/20/2023 Golf course monthly maintenance fee - April 223 $18,693.56 Paying Fund Cash Account Amount
560 - Blackberry Farm 560 100-100 (Cash & Investments Assets Operating Cash)
$18,693.56
37024 05/12/2023 Open Accounts Payable QUADIENT FINANCE USA, INC, $3,854.84 Invoice Date Description Amount
8702-050323 05/03/2023 Cupertino00000011297245 $3,854.84 Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$3,854.84
37025 05/12/2023 Open Accounts Payable Quartic Solutions $6,555.00 Invoice Date Description Amount
3481 04/11/2023 FY23 GIS Support Services March 2023 $6,555.00 Paying Fund Cash Account Amount
610 - Innovation & Technology 610 100-100 (Cash & Investments Assets Operating Cash)
$6,555.00
37026 05/12/2023 Open Accounts Payable RRM DESIGN GROUP $2,012.50 Invoice Date Description Amount
1832-00-0423 05/04/2023 Design Review Consultant 2023/03-10524 S. Tantau & 10409 Johnson
$2,012.50
Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$2,012.50
37027 05/12/2023 Open Accounts Payable Safety Compliance Management, Inc. $2,190.00 Invoice Date Description Amount
7131 05/02/2023 Training: Confined Space Awareness $2,190.00 Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$2,190.00
user: Vi Tran Pages: 22 of 26 Monday, May 15, 2023
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 5/6/2023 - To Payment Date: 5/12/2023 189
CC 06-21-2023
189 of 1675
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
37028 05/12/2023 Open Accounts Payable SHUTE, MIHALY & WEINBERGER LLP
$37,359.49
Invoice Date Description Amount
281292 04/27/2023 Legal Services, March 2023 $37,359.49 Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$37,359.49
37029 05/12/2023 Open Accounts Payable Starbird Consulting LLC $2,768.98 Invoice Date Description Amount
0228 05/03/2023 Wilson Park Nesting Bird Survey through 03312023 $350.00 0229 05/03/2023 Environmental Consulting McClellan Ranch Parking Lot thru 033123
$2,418.98
Paying Fund Cash Account Amount
420 - Capital Improvement Fund 420 100-100 (Cash & Investments Assets Operating Cash)
$2,768.98
37030 05/12/2023 Open Accounts Payable SUNNYVALE FORD, INC. $749.02 Invoice Date Description Amount
218339 04/05/2023 Fleet - Bezel 1 HV $13.44
218421 04/06/2023 Fleet - Valve A1 HV $17.61
218295 04/03/2023 Fleet - Check A1 HV $23.34
218270 04/03/2023 Fleet - Tube AS 1 HV $75.98
219437 05/01/2023 Fleet - Extension, Grommet $80.07
219648 05/01/2023 Fleet - Antifreeze $105.15
218434 04/06/2023 Fleet - Seat Belt, Nut, Stud $151.61
219583 05/02/2023 Fleet - Bolt, Wheel $281.82
Paying Fund Cash Account Amount
630 - Vehicle/Equip Replacement 630 100-100 (Cash & Investments Assets Operating Cash)
$749.02
37031 05/12/2023 Open Accounts Payable Susan Michael $120.00 Invoice Date Description Amount
SusanM05092023 05/09/2023 APWA Lunch for 2023 Projects & Individuals of the Year Awards
$120.00
Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$120.00
37032 05/12/2023 Open Accounts Payable The Home Depot Pro $109.63 Invoice Date Description Amount
742876741 04/28/2023 Facilities - Toilet Seat $109.63
Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$109.63
37033 05/12/2023 Open Accounts Payable Thomson Reuters - West $767.55 Invoice Date Description Amount
848233336 05/01/2023 Online Subscription, May 2023 - Acct 1000489718 $767.55 Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$767.55
user: Vi Tran Pages: 23 of 26 Monday, May 15, 2023
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 5/6/2023 - To Payment Date: 5/12/2023 190
CC 06-21-2023
190 of 1675
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
37034 05/12/2023 Open Accounts Payable URSULA SYROVA $21.30 Invoice Date Description Amount
UrsulaS042723 04/27/2023 NCRA 2023 conference- travel reimbursement $21.30 Paying Fund Cash Account Amount
520 - Resource Recovery 520 100-100 (Cash & Investments Assets Operating Cash)
$21.30
37035 05/12/2023 Open Accounts Payable US BANK $43,070.71 Invoice Date Description Amount
KimL04172023 04/17/2023 5169 CC Charges $197.50
MarilynM041723 04/17/2023 6763 CC Charges $2,661.26
BradA041723 04/17/2023 6013 CC Charges $93.94
DiegoZ041723 04/17/2023 8626 CC Charges $137.44
AldoC041723 04/17/2023 4383 CC Charges $72.17
SelbyM041723 04/17/2023 1711 CC Charges $102.26
BrainG041723 04/17/2023 6202 CC Charges $1,355.72
ShawnT041723 04/17/2023 7105 CC Charges $1,999.54
RicA041723 04/17/2023 9906 CC Charges $2,605.23
JerryA041723 04/17/2023 8636 CC Charges $90.00
MichaelC41723 04/17/2023 0863 CC Charges $197.37
TyB041723 04/17/2023 7739 CC Charges $8.00
Javier041723 04/17/2023 5617 CC Charges $109.79
AndrewS41723 04/17/2023 9993 CC Charges $1,238.96
IkaP041723 04/17/2023 8108 CC Charges $1,151.96
CesarG041723 04/17/2023 9076 CC Charges $676.68
NathanV041723 04/17/2023 4299 CC Charges $1,238.96
KarenL041723 04/17/2023 9612CCCharges $579.39
Branton041723 04/17/2023 5320 CC Charges $1,607.80
RobertK041723 04/17/2023 7858 CC Charges $1,672.33
JennyK041723 04/17/2023 8829 CC Charges $154.82
PamelaW041723 04/17/2023 8276 CC Charges $182.02
FrankV04172023 04/17/2023 5849 CC Charges $715.00
KavithaA041723 04/17/2023 7567 CC Charges $218.59
RubenR041723 04/17/2023 7866 CC Charges $290.00
MelissaR041723 04/17/2023 0572 CC Charges $4,115.09
JANETL041723 04/17/2023 9949 CC Charges $375.84
NatalyG041723 04/17/2023 8091 CC Charges $218.10
ReiD041723 04/17/2023 1409CC Charges $1,596.76
JasonB041723 04/17/2023 3965 CC Charges $796.81
SundariP041723 04/17/2023 9702 CC Charges $1,422.67
CrystiG041723 04/17/2023 8774 CC Charges $53.28
JindyG041723 04/17/2023 0175 CC Charges $190.20
mariahg041723 04/17/2023 7882 CC CHARGES $633.36
KennethE041723 04/17/2023 5954 CC Charges $129.08
ChristL041723 04/17/2023 7456 CC Charges $1,876.59
SonyaL041723 04/17/2023 8808 CC Charges $22.87
AlexG041723 04/17/2023 1741 CC Charges $1,075.20
RandyV041723 04/17/2023 9138 CC Charges $638.23
LeungK041723 04/17/2023 1733 CC Charges $187.65
KrisG041723 04/17/2023 6959 CC Charges $559.45
DebraN041723 04/17/2023 3328 CC Charges $5,712.68
user: Vi Tran Pages: 24 of 26 Monday, May 15, 2023
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 5/6/2023 - To Payment Date: 5/12/2023 191
CC 06-21-2023
191 of 1675
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
MollyJ041723 04/17/2023 4137 CC Charges $177.26
AmandaH041723 04/17/2023 9326 CC Charges $733.68
UrsulaS04172023 04/17/2023 2512 CC Charges $1,561.33
CyrahC041723 04/17/2023 0363 CC Charges $1,637.85
Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$32,989.07
230 - Env Mgmt Cln Crk Strm Drain 230 100-100 (Cash & Investments Assets Operating Cash)
$837.28
265 - BMR Housing 265 100-100 (Cash & Investments Assets Operating Cash)
$144.95
270 - Transportation Fund 270 100-100 (Cash & Investments Assets Operating Cash)
$1,156.93
420 - Capital Improvement Fund 420 100-100 (Cash & Investments Assets Operating Cash)
$145.00
520 - Resource Recovery 520 100-100 (Cash & Investments Assets Operating Cash)
$1,561.33
560 - Blackberry Farm 560 100-100 (Cash & Investments Assets Operating Cash)
$579.39
570 - Sports Center 570 100-100 (Cash & Investments Assets Operating Cash)
$170.86
580 - Recreation Program 580 100-100 (Cash & Investments Assets Operating Cash)
$851.46
610 - Innovation & Technology 610 100-100 (Cash & Investments Assets Operating Cash)
$2,797.80
630 - Vehicle/Equip Replacement 630 100-100 (Cash & Investments Assets Operating Cash)
$1,836.64
37036 05/12/2023 Open Accounts Payable West Valley Community Services $9,234.99 Invoice Date Description Amount
2333 04/30/2023 HTH Job Training Pilot Program - 2023/04 $9,234.99 Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$9,234.99
37037 05/12/2023 Open Accounts Payable WOWzy Creation Corp. dba First Place
$86.11
Invoice Date Description Amount
96016 05/02/2023 Name Signs for Jonathan and Greg $57.24 95994 04/18/2023 Tommy Yu name plate $28.87
Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$57.24
610 - Innovation & Technology 610 100-100 (Cash & Investments Assets Operating Cash)
$28.87
37038 05/12/2023 Open Accounts Payable Zayo Group, LLC $3,103.03 Invoice Date Description Amount
2023050030583 05/01/2023 FY23 Disaster Recovery Telecom services - May 2023 $3,103.03 Paying Fund Cash Account Amount
610 - Innovation & Technology 610 100-100 (Cash & Investments Assets Operating Cash)
$3,103.03
Type EFT Totals: 65 Transactions $809,097.02
user: Vi Tran Pages: 25 of 26 Monday, May 15, 2023
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 5/6/2023 - To Payment Date: 5/12/2023 192
CC 06-21-2023
192 of 1675
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
Main Account - Main Checking Account Totals
Checks Status Count Transaction Amount Reconciled Amount Open 64 $1,657,304.37 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Stopped 0 $0.00 $0.00
Total 64 $1,657,304.37 $0.00
EFTs Status Count Transaction Amount Reconciled Amount
Open 65 $809,097.02 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Total 65 $809,097.02 $0.00
All Status Count Transaction Amount Reconciled Amount
Open 129 $2,466,401.39 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Stopped 0 $0.00 $0.00
Total 129 $2,466,401.39 $0.00
Grand Totals:

Checks Status Count Transaction Amount Reconciled Amount Open 64 $1,657,304.37 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Stopped 0 $0.00 $0.00
Total 64 $1,657,304.37 $0.00
EFTs Status Count Transaction Amount Reconciled Amount
Open 65 $809,097.02 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Total 65 $809,097.02 $0.00
All Status Count Transaction Amount Reconciled Amount
Open 129 $2,466,401.39 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Stopped 0 $0.00 $0.00
Total 129 $2,466,401.39 $0.00
user: Vi Tran Pages: 26 of 26 Monday, May 15, 2023
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 5/6/2023 - To Payment Date: 5/12/2023 193
CC 06-21-2023
193 of 1675
RESOLUTION NO. 23-XXX

A RESOLUTION OF THE CUPERTINO CITY COUNCIL

RATIFYING CERTAIN CLAIMS AND DEMANDS PAYABLE IN THE

AMOUNTS AND FROM THE FUNDS AS HEREINAFTER DESCRIBED FOR

GENERAL AND MISCELLANEOUS EXPENDITURES FOR THE PERIOD
ENDING MAY 19, 2023
WHEREAS, the Director of Administrative Services or their designated representative has certified to accuracy of the following claims and demands and to the availability of funds for payment hereof; and
WHEREAS, the said claims and demands have been audited as required by law.

NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby ratify the following claims and demands in the amounts and from the funds as hereinafter set forth in the attached Payment Register.

PASSED AND ADOPTED at a special meeting of the City Council of the City of Cupertino this 21st day of June, 2023 by the following vote:

Vote Members of the City Council
AYES:

NOES:

ABSENT:

ABSTAIN:

SIGNED:
________
Hung Wei, Mayor
City of Cupertino
________________________
Date
ATTEST:
________
Kirsten Squarcia, City Clerk
________________________
Date
194
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194 of 1675
Resolution No. 23-XXX

Page 2 ends

CERTIFICATION
The Finance Manager hereby certifies to the accuracy of said records and to the availability of funds for payment.

CERTIFIED:

Jonathan Orozco, Finance Manager
195
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Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
Main Account - Main Checking Account
Check
732576 05/19/2023 Open Accounts Payable ALHAMBRA $495.94 Invoice Date Description Amount
21589707 041323 04/13/2023 Kitchen Supplies: Water $495.94 Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$495.94
732577 05/19/2023 Open Accounts Payable Automatic Door Systems, Inc. $914.78 Invoice Date Description Amount
56069 05/04/2023 Facilities-Library: Motor/Gearbox, Parts $914.78 Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$914.78
732578 05/19/2023 Open Accounts Payable CAL-LINE EQUIPMENT CO INC $932.84 Invoice Date Description Amount
04013267 05/11/2023 Fleet: Equipment Parts $932.84
Paying Fund Cash Account Amount
630 - Vehicle/Equip Replacement 630 100-100 (Cash & Investments Assets Operating Cash)
$932.84
732579 05/19/2023 Open Accounts Payable Chicago Title Company $1,925.62 Invoice Date Description Amount
FWPS-TO23000152 05/10/2023 Map & Title Review $1,925.62 Paying Fund Cash Account Amount
265 - BMR Housing 265 100-100 (Cash & Investments Assets Operating Cash)
$1,925.62
732580 05/19/2023 Open Accounts Payable CINTAS CORP $1,272.22 Invoice Date Description Amount
4155663103 05/16/2023 Uniforms/Safety Apparel $1,272.22 Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$1,272.22
732581 05/19/2023 Open Accounts Payable Cotton, Shires & Associates, Inc. $14,695.26 Invoice Date Description Amount
423175 04/12/2023 City Hall Annex, 10455 Torre Ave through 010123- 033123
$14,695.26
Paying Fund Cash Account Amount
420 - Capital Improvement Fund 420 100-100 (Cash & Investments Assets Operating Cash)
$14,695.26
732582 05/19/2023 Open Accounts Payable County of Santa Clara -Office of the Sheriff
$57,687.00
Invoice Date Description Amount
1800084840 02/14/2023 Other Supplemental Law Enforcement $1,380.00 1800085590 04/26/2023 Holi Festival - Sheriff Charges $2,128.00 1800085591 04/26/2023 Big Bunny 5K - Sheriff Charges $1,689.00 18000085841 05/08/2023 Other Supplemental Law Enforcement Jan 2023 $26,096.00 18000085842 05/08/2023 Other Supplemental Law Enforcement $26,394.00 Paying Fund Cash Account Amount
user: Vi Tran Pages: 1 of 14 Monday, May 22, 2023
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 5/13/2023 - To Payment Date: 5/19/2023 196
CC 06-21-2023
196 of 1675
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$57,687.00
732583 05/19/2023 Open Accounts Payable Custom Ink $2,705.97 Invoice Date Description Amount
63877664 05/16/2023 Custom Ink - Hack Shirts $2,068.46
64012637 05/16/2023 Custom Ink - YAB Shirts $637.51
Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$2,705.97
732584 05/19/2023 Open Accounts Payable D&M TRAFFIC SERVICES INC. $785.70 Invoice Date Description Amount
90784 05/11/2023 Signs & Markings: Blanks $785.70
Paying Fund Cash Account Amount
270 - Transportation Fund 270 100-100 (Cash & Investments Assets Operating Cash)
$785.70
732585 05/19/2023 Open Accounts Payable DIALOG Design LP $30,538.53 Invoice Date Description Amount
LP.100680 04/20/2023 Cupertino Renovation of City Hall Annex through 02282023
$30,538.53
Paying Fund Cash Account Amount
420 - Capital Improvement Fund 420 100-100 (Cash & Investments Assets Operating Cash)
$30,538.53
732586 05/19/2023 Open Accounts Payable EMPLOYMENT DEVELOPMENT

DEPARTMENT
$9,053.00
Invoice Date Description Amount
L0377591696 05/01/2023 Unemployment Insurance Benefit Charge Mar 31 2023 Q1
$9,053.00
Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$9,053.00
732587 05/19/2023 Open Accounts Payable Gates + Associates $12,577.10 Invoice Date Description Amount
56516R 04/01/2023 Memorial Park Specific Plan through 03312023 $12,577.10 Paying Fund Cash Account Amount
420 - Capital Improvement Fund 420 100-100 (Cash & Investments Assets Operating Cash)
$12,577.10
732588 05/19/2023 Open Accounts Payable INTERSTATE BATTERY SYSTEM SAN JOSE INC.
$265.16
Invoice Date Description Amount
60293343 05/02/2023 Fleet: Equipment Parts $265.16
Paying Fund Cash Account Amount
630 - Vehicle/Equip Replacement 630 100-100 (Cash & Investments Assets Operating Cash)
$265.16
732589 05/19/2023 Open Accounts Payable Jerry Anderson $330.00 Invoice Date Description Amount
JerryA102422 10/24/2022 Cell Phone Reimbursement - Jerry A 10.24.22 to

11.24.22 $55.00
user: Vi Tran Pages: 2 of 14 Monday, May 22, 2023
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 5/13/2023 - To Payment Date: 5/19/2023 197
CC 06-21-2023
197 of 1675
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
JerryA112422 11/24/2022 Cell Phone Reimbursement - Jerry A 11.24.22 to

12.24.22 $55.00
JerryA122422 12/24/2022 Cell Phone Reimbursement - Jerry A 12.24.22 to

1.24.23 $55.00
JerryA012423 01/24/2023 Cell Phone Reimbursement - Jerry A 1.24.22 to

2.24.23 $55.00
JerryA022423 02/24/2023 Cell Phone Reimbursement - Jerry A 2.24.22 to

3.24.23 $55.00
JerryA032423 03/24/2023 Cell Phone Reimbursement - Jerry A 3.24.22 to

4.24.23 $55.00
Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$330.00
732590 05/19/2023 Open Accounts Payable Judge Netting, Inc. $64,942.76 Invoice Date Description Amount
2, 2023-106 05/31/2023 BBF Golf Course Netting Installation through 053123 $64,942.76 Paying Fund Cash Account Amount
560 - Blackberry Farm 560 100-100 (Cash & Investments Assets Operating Cash)
$64,942.76
732591 05/19/2023 Open Accounts Payable Lawson Products, Inc. $107.05 Invoice Date Description Amount
9310561581 04/27/2023 Fleet: Connectors, Cable Ties, Plugs, Drill Screws $107.05 Paying Fund Cash Account Amount
630 - Vehicle/Equip Replacement 630 100-100 (Cash & Investments Assets Operating Cash)
$107.05
732592 05/19/2023 Open Accounts Payable MMANC $135.00
Invoice Date Description Amount
7877 05/11/2023 2023 WLS - Toni $135.00
Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$135.00
732593 05/19/2023 Open Accounts Payable Mountain View Garden Center $203.33 Invoice Date Description Amount
112995 05/10/2023 Grounds: Topsoil $96.50
112883 04/25/2023 Trees-Medians: Topsoil $106.83
Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$203.33
732594 05/19/2023 Open Accounts Payable Napa Auto Parts $707.83 Invoice Date Description Amount
697711 05/10/2023 Fleet Credit-lubricant-Fork Lifts ($32.94) 697657 05/10/2023 Fleet: Counteract Bal. Beads $294.90
697684 05/10/2023 Fleet: Brake Parts Cleaner, Lubricants $445.87 Paying Fund Cash Account Amount
630 - Vehicle/Equip Replacement 630 100-100 (Cash & Investments Assets Operating Cash)
$707.83
732595 05/19/2023 Open Accounts Payable PACE Supply Corp $805.74 Invoice Date Description Amount
128565229 05/02/2023 Grounds: Pipe Cutter $805.74
user: Vi Tran Pages: 3 of 14 Monday, May 22, 2023
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 5/13/2023 - To Payment Date: 5/19/2023 198
CC 06-21-2023
198 of 1675
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$805.74
732596 05/19/2023 Open Accounts Payable Pacwest Tool and Safety $479.40 Invoice Date Description Amount
7886 05/08/2023 Streets: Gloves $479.40
Paying Fund Cash Account Amount
270 - Transportation Fund 270 100-100 (Cash & Investments Assets Operating Cash)
$479.40
732597 05/19/2023 Open Accounts Payable SAN JOSE WATER COMPANY $2,059.95 Invoice Date Description Amount
SJW042823-0 04/28/2023 6292600000-1 - 10800 Torre Ave LS $2,059.95 Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$2,059.95
732598 05/19/2023 Open Accounts Payable SiteOne Landscape Supply, LLC $5,011.07 Invoice Date Description Amount
128844786-001 04/27/2023 Grounds: PVC Cement, Primer, Repair Kit, Solenoid Assembly
$1,371.09
129004820-001 04/24/2023 Grounds: Striping Paint, Marking Paint $3,639.98 Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$5,011.07
732599 05/19/2023 Open Accounts Payable SmartSign $1,178.55 Invoice Date Description Amount
05112023 05/11/2023 My Parking Permit Order No. MPP-217516 $1,178.55 Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$1,178.55
732600 05/19/2023 Open Accounts Payable Tanko Lighting $1,750.00 Invoice Date Description Amount
68854 03/31/2023 Updated Streetlight Transition Assessment through March 2023
$1,750.00
Paying Fund Cash Account Amount
420 - Capital Improvement Fund 420 100-100 (Cash & Investments Assets Operating Cash)
$1,750.00
732601 05/19/2023 Open Accounts Payable The Goodyear Tire & Rubber Company
$3,985.07
Invoice Date Description Amount
189-1110201 04/12/2023 Fleet - Auto Parts/Supplies $738.00 189-1110281 05/02/2023 Fleet - Credit for Invoice# 111021 ($738.00) 189-1110339 05/11/2023 Fleet - Tires $3,985.07
Paying Fund Cash Account Amount
630 - Vehicle/Equip Replacement 630 100-100 (Cash & Investments Assets Operating Cash)
$3,985.07
732602 05/19/2023 Open Accounts Payable Tubelite $130.84 Invoice Date Description Amount
30713351-01 05/11/2023 Sign Shop: Abrasion Guard, Blue and Black Foil $130.84 user: Vi Tran Pages: 4 of 14 Monday, May 22, 2023
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 5/13/2023 - To Payment Date: 5/19/2023 199
CC 06-21-2023
199 of 1675
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
Paying Fund Cash Account Amount
270 - Transportation Fund 270 100-100 (Cash & Investments Assets Operating Cash)
$130.84
732603 05/19/2023 Open Accounts Payable United Site Services $492.78 Invoice Date Description Amount
INV-01671661 05/08/2023 Facilities: Sink, Dxr Rest $492.78 Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$492.78
732604 05/19/2023 Open Accounts Payable CHANG, CHANG, HUNG $1,000.00 Invoice Date Description Amount
278162 05/15/2023 10430 Wunderlich Dr. Encroachment Bond, 278162 $1,000.00 Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$1,000.00
732605 05/19/2023 Open Accounts Payable Jung, Donald $85.06 Invoice Date Description Amount
Jung051523 05/15/2023 The applicant paid for the wrong business license $85.06 Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$85.06
732606 05/19/2023 Open Accounts Payable Reese Myers $57.00 Invoice Date Description Amount
Myers050623 05/06/2023 LiveScan and Fingerprinting Reimbursement $57.00 Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$57.00
732607 05/19/2023 Open Accounts Payable Yifan Wang $72.00 Invoice Date Description Amount
Wang042723 04/27/2023 LiveScan and Fingerprinting Reimbursement $72.00 Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$72.00
732608 05/19/2023 Open Accounts Payable North American Rescue, LLC $5,426.30 Invoice Date Description Amount
IN675731 01/06/2023 Training supplies $862.32
IN677740 01/18/2023 Training supplies $4,563.98
Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$5,426.30
732609 05/19/2023 Open Accounts Payable Govind Tatachari $107.00 Invoice Date Description Amount
01312023 01/31/2023 Refund the difference between the deposit amount $2820.00
$107.00
Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$107.00
user: Vi Tran Pages: 5 of 14 Monday, May 22, 2023
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 5/13/2023 - To Payment Date: 5/19/2023 200
CC 06-21-2023
200 of 1675
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
732610 05/19/2023 Open Accounts Payable Kimberlin Leung $40.00 Invoice Date Description Amount
Leung062122 06/21/2022 Live Scan and Fingerprinting Reimbursement $40.00 Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$40.00
Type Check Totals: 35 Transactions $222,955.85
EFT
37040 05/15/2023 Open Accounts Payable EMPLOYMENT DEVEL DEPT $47,872.10 Invoice Date Description Amount
05052023 05/05/2023 CA State Tax pp 4/22/23-5/5/23 $47,872.10 Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$47,872.10
37041 05/15/2023 Open Accounts Payable IRS $155,428.85
Invoice Date Description Amount
05052023 05/05/2023 Federal Tax pp 4/22/23-5/5/23 $155,428.85 Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$155,428.85
37042 05/18/2023 Open Accounts Payable P E R S $556,144.48 Invoice Date Description Amount
05052023 05/05/2023 PERS pp 4/22/23-5/5/23 $556,144.48
Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$556,144.48
37043 05/15/2023 Open Accounts Payable TASC $496.48
Invoice Date Description Amount
IN2743457 05/11/2023 HRA - Administration Fees 5/1/23-5/31/23 $496.48 Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$496.48
37044 05/15/2023 Open Accounts Payable TASC $223.18
Invoice Date Description Amount
IN2743460 05/11/2023 FSA - Administration Fees 5/1/23-5/31/23 $223.18 Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$223.18
37045 05/15/2023 Open Accounts Payable USPS - EFT ONLY $4,182.87 Invoice Date Description Amount
542257634 04/28/2023 CUPERTINO SCENE INC $4,182.87
Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$4,182.87
37046 05/19/2023 Open Accounts Payable 4 Paws Goose Control $1,850.00 Invoice Date Description Amount
2008 05/05/2023 Grounds: Memorial Park April Service-Goose Control $1,850.00 Paying Fund Cash Account Amount
user: Vi Tran Pages: 6 of 14 Monday, May 22, 2023
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 5/13/2023 - To Payment Date: 5/19/2023 201
CC 06-21-2023
201 of 1675
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$1,850.00
37047 05/19/2023 Open Accounts Payable 4LEAF, Inc. $53,965.26 Invoice Date Description Amount
J3872-03D 05/12/2023 Wilson Park Basketball Court through 040123-043023 $31,210.46 J3872-04D 05/12/2023 Wilson Park Community Garden through 040123- 043023
$22,754.80
Paying Fund Cash Account Amount
420 - Capital Improvement Fund 420 100-100 (Cash & Investments Assets Operating Cash)
$53,965.26
37048 05/19/2023 Open Accounts Payable A-1 FENCE INC. $3,250.00 Invoice Date Description Amount
14309 04/28/2023 Grounds: BBF Golf Course Fence Repair $3,250.00 Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$3,250.00
37049 05/19/2023 Open Accounts Payable Advanced Systems Group LLC $3,901.40 Invoice Date Description Amount
12568 05/11/2023 LOT_SuBC Labor and Expenses $1,292.81
12569 05/11/2023 CRESTRON Firmware Update and Programming $2,608.59 Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$3,901.40
37050 05/19/2023 Open Accounts Payable All City Management Services, Inc. $9,076.70 Invoice Date Description Amount
85310 05/03/2023 School Crossing Guard Services through 041623- 042923
$9,076.70
Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$9,076.70
37051 05/19/2023 Open Accounts Payable Aquatic Central $3,000.00 Invoice Date Description Amount
100007 04/15/2023 Facilities - April 2023 Library Maint $3,000.00 Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$3,000.00
37052 05/19/2023 Open Accounts Payable B&H PHOTO-VIDEO $2,908.18 Invoice Date Description Amount
213069263 05/08/2023 2x Domes, 3x hanging mounts $2,908.18 Paying Fund Cash Account Amount
610 - Innovation & Technology 610 100-100 (Cash & Investments Assets Operating Cash)
$2,908.18
37053 05/19/2023 Open Accounts Payable BKF Engineers $16,433.90 Invoice Date Description Amount
23050115 05/05/2023 Jollyman Park ADA Improvements through 040123- 043023
$6,070.40
23050244 05/10/2023 Jollyman Park Playground Restroom through 040123- 043023
$10,363.50
user: Vi Tran Pages: 7 of 14 Monday, May 22, 2023
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 5/13/2023 - To Payment Date: 5/19/2023 202
CC 06-21-2023
202 of 1675
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
Paying Fund Cash Account Amount
420 - Capital Improvement Fund 420 100-100 (Cash & Investments Assets Operating Cash)
$16,433.90
37054 05/19/2023 Open Accounts Payable CAROL KORADE $29.13 Invoice Date Description Amount
May2023 05/16/2023 Reimbursement for May 2023 $29.13
Paying Fund Cash Account Amount
642 - Retiree Medical 642 100-100 (Cash & Investments Assets Operating Cash)
$29.13
37055 05/19/2023 Open Accounts Payable City Data Services, LLC $1,275.00 Invoice Date Description Amount
2404 05/15/2023 CDS Monthly Maintenance 2023 Apr-Jun $1,275.00 Paying Fund Cash Account Amount
265 - BMR Housing 265 100-100 (Cash & Investments Assets Operating Cash)
$1,275.00
37056 05/19/2023 Open Accounts Payable CSG Consultants, Inc. $38,910.00 Invoice Date Description Amount
50155 04/06/2023 Homestead Rd./N. De Anza Blvd Traffic Signal Mod. thru 033123
$380.00
50859 05/09/2023 Memorial Park Ponds Repurposing through 042823 $5,432.50 50154 04/06/2023 Regnart Creek Trail Fencing through 02242023 $12,790.00 50860 05/09/2023 Memorial Park Ponds Repurposing through 042823 $7,527.50 50818 05/09/2023 Regnart Creek Trail through 04282023 $12,780.00 Paying Fund Cash Account Amount
270 - Transportation Fund 270 100-100 (Cash & Investments Assets Operating Cash)
$380.00
280 - Park Dedication 280 100-100 (Cash & Investments Assets Operating Cash)
$12,960.00
420 - Capital Improvement Fund 420 100-100 (Cash & Investments Assets Operating Cash)
$25,570.00
37057 05/19/2023 Open Accounts Payable Cumming Management Group, Inc $7,578.75 Invoice Date Description Amount
125346 04/30/2023 City Hall Annex Project through 040123-043023 $7,578.75 Paying Fund Cash Account Amount
420 - Capital Improvement Fund 420 100-100 (Cash & Investments Assets Operating Cash)
$7,578.75
37058 05/19/2023 Open Accounts Payable Cupertino Supply, Inc $40.34 Invoice Date Description Amount
321266 05/10/2023 Medians-PVC Bush, Clamp, PVC Glue $40.34 Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$40.34
37059 05/19/2023 Open Accounts Payable EPAC Technologies, Inc. $442.31 Invoice Date Description Amount
E354849 04/28/2023 PW - Envelopes with Logo $442.31
Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$442.31
user: Vi Tran Pages: 8 of 14 Monday, May 22, 2023
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 5/13/2023 - To Payment Date: 5/19/2023 203
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Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
37060 05/19/2023 Open Accounts Payable Eshverya Gianchandani $246.20 Invoice Date Description Amount
Tina04302023 04/30/2023 Cell phone reimbursement from 07/2022-04/2023 $246.20 Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$246.20
37061 05/19/2023 Open Accounts Payable GARDENLAND POWER

EQUIPMENT
$2,559.67
Invoice Date Description Amount
1011741 05/10/2023 Trees: Pruner, Chainsaw, Saw Head Section $2,559.67 Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$2,559.67
37062 05/19/2023 Open Accounts Payable GRAINGER INC $21.37 Invoice Date Description Amount
9687813437 04/26/2023 Facilities: Drop Head Auger $21.37 Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$21.37
37063 05/19/2023 Open Accounts Payable Health Care Employees $29,032.20 Invoice Date Description Amount
331159-331160 04/24/2023 May 2023 Dental Benefit $29,032.20 Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$29,032.20
37064 05/19/2023 Open Accounts Payable Heritage Landscape Supply Group, Inc.
$1,380.52
Invoice Date Description Amount
0009950867-001 03/24/2023 Streets - Scoop Shovel $82.96 0010663368-001 05/10/2023 Trails: UF Irrigation Wire $156.84 0010639306-001 05/09/2023 Trails: Bushings, Elbows, Glue, Valves $233.27 0010673016-001 05/10/2023 Grounds: Valves, PVC, Wire Stripper $907.45 Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$1,297.56
270 - Transportation Fund 270 100-100 (Cash & Investments Assets Operating Cash)
$82.96
37065 05/19/2023 Open Accounts Payable IMPEC GROUP INC,. $93,562.64 Invoice Date Description Amount
2304305 04/30/2023 Facilities: Towels, Soap, Paper Towels, Bath Tissue $2,127.04 2304135 04/30/2023 Facilities - April 2023 Linda Vista Trail Gate $760.41 2304136 04/30/2023 Facilities - April 2023 Janitorial Services $90,675.19 Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$83,926.78
560 - Blackberry Farm 560 100-100 (Cash & Investments Assets Operating Cash)
$1,267.41
570 - Sports Center 570 100-100 (Cash & Investments Assets Operating Cash)
$8,368.45
user: Vi Tran Pages: 9 of 14 Monday, May 22, 2023
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 5/13/2023 - To Payment Date: 5/19/2023 204
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Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
37066 05/19/2023 Open Accounts Payable InservH2O Inc. $834.80 Invoice Date Description Amount
2849 05/05/2023 Facilities: Water Treatment Product Agreement $834.80 Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$834.80
37067 05/19/2023 Open Accounts Payable JAM Services, Inc $3,088.24 Invoice Date Description Amount
167962 05/11/2023 Traffic Signal Supplies: $3,088.24
Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$3,088.24
37068 05/19/2023 Open Accounts Payable Jarvis Fay LLP $9,500.00 Invoice Date Description Amount
17644 04/30/2023 Legal Services, April 2023 $9,500.00
Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$9,500.00
37069 05/19/2023 Open Accounts Payable KIMBALL-MIDWEST $541.05 Invoice Date Description Amount
101031787 05/09/2023 Streets: Nuts, Rivets, etc. $334.99 101043926 05/11/2023 Signs & Markings: Rivets and Nuts $206.06 Paying Fund Cash Account Amount
270 - Transportation Fund 270 100-100 (Cash & Investments Assets Operating Cash)
$541.05
37070 05/19/2023 Open Accounts Payable Life Insurance Company of North America
$8,090.84
Invoice Date Description Amount
15487_050123 05/16/2023 May 2023 CIGNA $8,090.84
Paying Fund Cash Account Amount
641 - Compensated Absence/LTD 641 100-100 (Cash & Investments Assets Operating Cash)
$8,090.84
37071 05/19/2023 Open Accounts Payable Managed Health Network Inc $789.58 Invoice Date Description Amount
PRM-080206 04/16/2023 MAY 2023 EAP BENEFIT $789.58
Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$789.58
37072 05/19/2023 Open Accounts Payable Mesiti-Miller Engineering, Inc. $7,207.50 Invoice Date Description Amount
0423003 04/30/2023 CE/SE for Regnart Road Improvements Phase 1 through 04252023
$7,207.50
Paying Fund Cash Account Amount
420 - Capital Improvement Fund 420 100-100 (Cash & Investments Assets Operating Cash)
$7,207.50
user: Vi Tran Pages: 10 of 14 Monday, May 22, 2023
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 5/13/2023 - To Payment Date: 5/19/2023 205
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Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
37073 05/19/2023 Open Accounts Payable Moore lacofano Goltsman, Inc. $21,981.37 Invoice Date Description Amount
0080844 05/12/2023 All-Inclusive Playground at Jollyman through 040123- 043023
$19,002.30
0080845 05/12/2023 Lawrence-Mitty Park & Trail Master Plan through 040123-043023
$2,979.07
Paying Fund Cash Account Amount
280 - Park Dedication 280 100-100 (Cash & Investments Assets Operating Cash)
$2,979.07
420 - Capital Improvement Fund 420 100-100 (Cash & Investments Assets Operating Cash)
$19,002.30
37074 05/19/2023 Open Accounts Payable Nexinite, LLC $12,777.50 Invoice Date Description Amount
INV-002092 05/09/2023 CIP Application Maintenance and Support 4/1/2023 - 4/30/2023
$1,722.50
INV-002091 05/09/2023 Forms Digitization Support 4/1/2023 - 4/30/2023 $11,055.00 Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$11,055.00
610 - Innovation & Technology 610 100-100 (Cash & Investments Assets Operating Cash)
$1,722.50
37075 05/19/2023 Open Accounts Payable ODP Business Solutions, LLC. $580.49 Invoice Date Description Amount
312488264001 05/03/2023 Kitchen: Compostable Bowls $10.96 312471592001 05/03/2023 Kitchen Supplies: Coffee, Tea, Compostable supplies $569.53 Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$580.49
37076 05/19/2023 Open Accounts Payable R&S Erection of Santa Clara County, Inc.
$3,248.00
Invoice Date Description Amount
90702 05/09/2023 Facilities-Comm Hall: Install Push Plates $3,248.00 Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$3,248.00
37077 05/19/2023 Open Accounts Payable Rebecca Davis $9.06 Invoice Date Description Amount
2023-00000695 05/15/2023 Staff Meal - Monterey Bay Aquarium and Cannery Row Trip
$9.06
Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$9.06
37078 05/19/2023 Open Accounts Payable Red Wing Business Advantage Account
$771.80
Invoice Date Description Amount
20230510074592 05/10/2023 Uniforms/Safety Apparel $771.80 Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$771.80
user: Vi Tran Pages: 11 of 14 Monday, May 22, 2023
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 5/13/2023 - To Payment Date: 5/19/2023 206
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Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
37079 05/19/2023 Open Accounts Payable Robert Half $446.64 Invoice Date Description Amount
61979504 05/09/2023 Ashby, Audrey for Week-Ended 05/05/2023 $446.64 Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$446.64
37080 05/19/2023 Open Accounts Payable Safety Compliance Management, Inc. $2,190.00 Invoice Date Description Amount
7204 05/16/2023 Training: Bloodborne Pathogens & Heat Illness $2,190.00 Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$2,190.00
37081 05/19/2023 Open Accounts Payable Snapology of Los Gatos $7,263.00 Invoice Date Description Amount
SNAP_SPR22-23_1 05/16/2023 SNAPOLOGY_SPRING22-23_PAYMENT1 $7,263.00 Paying Fund Cash Account Amount
580 - Recreation Program 580 100-100 (Cash & Investments Assets Operating Cash)
$7,263.00
37082 05/19/2023 Open Accounts Payable Starbird Consulting LLC $3,841.98 Invoice Date Description Amount
0230 05/11/2023 Environmental Consulting Regnart Road through 03312023
$3,841.98
Paying Fund Cash Account Amount
420 - Capital Improvement Fund 420 100-100 (Cash & Investments Assets Operating Cash)
$3,841.98
37083 05/19/2023 Open Accounts Payable Statewide Traffic Safety & Signs Inc. $464.84 Invoice Date Description Amount
05040672 05/10/2023 Streets: Asphalt Patch Repair Material $464.84 Paying Fund Cash Account Amount
270 - Transportation Fund 270 100-100 (Cash & Investments Assets Operating Cash)
$464.84
37084 05/19/2023 Open Accounts Payable SUNNYVALE FORD, INC. $149.74 Invoice Date Description Amount
220158FOW 05/10/2023 Fleet: Cover, Roller $149.74
CM219865FOW 05/10/2023 Fleet Credit: Cover, Roller ($109.02) 219865FOW 05/08/2023 Fleet: Cover, Roller $109.02
Paying Fund Cash Account Amount
630 - Vehicle/Equip Replacement 630 100-100 (Cash & Investments Assets Operating Cash)
$149.74
37085 05/19/2023 Open Accounts Payable Suyesh Shrestha $40.50 Invoice Date Description Amount
SuyeshS05062023 05/06/2023 Cell Phone Reimbursement through 05062023 $40.50 Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$40.50
37086 05/19/2023 Open Accounts Payable THE HARTFORD $11,545.41 Invoice Date Description Amount
656341642820 05/16/2023 May 2023 Life and AD&D Benefit $11,263.20 user: Vi Tran Pages: 12 of 14 Monday, May 22, 2023
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 5/13/2023 - To Payment Date: 5/19/2023 207
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Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
756341682451 05/16/2023 May 2023 $282.21
Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$11,545.41
37087 05/19/2023 Open Accounts Payable Tripepi, Smith and Associates, Inc $1,093.75 Invoice Date Description Amount
9963 04/30/2023 Newsletter Production for May 2023 Scene $1,093.75 Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$1,093.75
37088 05/19/2023 Open Accounts Payable US BANK $1,846.64 Invoice Date Description Amount
AlexG031523 03/15/2023 1741 CC Charges $1,846.64
Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$1,846.64
37089 05/19/2023 Open Accounts Payable Vision Service Plan (CA) $4,198.96 Invoice Date Description Amount
817734390 04/19/2023 May 2023 Vision Benefit $2,320.28
817734387 04/19/2023 May 2023 Vision Benefit $996.32
817746877 04/21/2023 May 2023 Vision Benefit $882.36
Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$4,198.96
37090 05/19/2023 Open Accounts Payable WORLD JOURNAL SF LLC $225.00 Invoice Date Description Amount
2733872 04/18/2023 Legal Advertising - 04/14/23-04/14/23 $225.00 Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$225.00
37091 05/19/2023 Open Accounts Payable WOWzy Creation Corp. dba First Place
$68.65
Invoice Date Description Amount
96057 05/17/2023 Name Plates for Tina Kapoor $28.87
96034 05/10/2023 Library Commission Photo Name Plate $39.78 Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$68.65
37092 05/19/2023 Open Accounts Payable YourMembership.com, Inc $259.00 Invoice Date Description Amount
R63005915 05/05/2023 Job Posting - Communications Officer $259.00 Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$259.00
Type EFT Totals: 53 Transactions $1,136,865.87
Main Account - Main Checking Account Totals
Checks Status Count Transaction Amount Reconciled Amount Open 35 $222,955.85 $0.00
user: Vi Tran Pages: 13 of 14 Monday, May 22, 2023
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 5/13/2023 - To Payment Date: 5/19/2023 208
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Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Stopped 0 $0.00 $0.00
Total 35 $222,955.85 $0.00
EFTs Status Count Transaction Amount Reconciled Amount
Open 53 $1,136,865.87 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Total 53 $1,136,865.87 $0.00
All Status Count Transaction Amount Reconciled Amount
Open 88 $1,359,821.72 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Stopped 0 $0.00 $0.00
Total 88 $1,359,821.72 $0.00
Grand Totals:

Checks Status Count Transaction Amount Reconciled Amount Open 35 $222,955.85 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Stopped 0 $0.00 $0.00
Total 35 $222,955.85 $0.00
EFTs Status Count Transaction Amount Reconciled Amount
Open 53 $1,136,865.87 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Total 53 $1,136,865.87 $0.00
All Status Count Transaction Amount Reconciled Amount
Open 88 $1,359,821.72 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Stopped 0 $0.00 $0.00
Total 88 $1,359,821.72 $0.00
user: Vi Tran Pages: 14 of 14 Monday, May 22, 2023
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 5/13/2023 - To Payment Date: 5/19/2023 209
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RESOLUTION NO. 23-XXX

A RESOLUTION OF THE CUPERTINO CITY COUNCIL

RATIFYING CERTAIN CLAIMS AND DEMANDS PAYABLE IN THE

AMOUNTS AND FROM THE FUNDS AS HEREINAFTER DESCRIBED FOR

GENERAL AND MISCELLANEOUS EXPENDITURES FOR THE PERIOD
ENDING MAY 26, 2023
WHEREAS, the Director of Administrative Services or their designated representative has certified to accuracy of the following claims and demands and to the availability of funds for payment hereof; and
WHEREAS, the said claims and demands have been audited as required by law.

NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby ratify the following claims and demands in the amounts and from the funds as hereinafter set forth in the attached Payment Register.

PASSED AND ADOPTED at a special meeting of the City Council of the City of Cupertino this 21st day of June, 2023 by the following vote:

Vote Members of the City Council
AYES:

NOES:

ABSENT:

ABSTAIN:

SIGNED:
________
Hung Wei, Mayor
City of Cupertino
________________________
Date
ATTEST:
________
Kirsten Squarcia, City Clerk
________________________
Date
210
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Resolution No. 23-XXX

Page 2 ends

CERTIFICATION
The Finance Manager hereby certifies to the accuracy of said records and to the availability of funds for payment.

CERTIFIED:

Jonathan Orozco, Finance Manager
211
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Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
Main Account - Main Checking Account
Check
732611 05/26/2023 Open Accounts Payable 4imprint, Inc. $630.84 Invoice Date Description Amount
25065865 05/15/2023 Next Level Fitted T-shirts for softball league $630.84 Paying Fund Cash Account Amount
580 - Recreation Program 580 100-100 (Cash & Investments Assets Operating Cash)
$630.84
732612 05/26/2023 Open Accounts Payable ALHAMBRA $483.46 Invoice Date Description Amount
21589707 051123 05/11/2023 Kitchen Supplies: Water $266.24 4984729 051323 05/13/2023 Employee Drinking Water for QCC & Senior Center $182.15 4984902 051323 05/13/2023 BOTTOM LOAD HOT AND COLD COOLER WITH

SMARTFLO
$35.07
Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$448.39
570 - Sports Center 570 100-100 (Cash & Investments Assets Operating Cash)
$35.07
732613 05/26/2023 Open Accounts Payable Anagha Kulkarni $140.00 Invoice Date Description Amount
052323 AK 05/23/2023 May fitness classes $140.00
Paying Fund Cash Account Amount
570 - Sports Center 570 100-100 (Cash & Investments Assets Operating Cash)
$140.00
732614 05/26/2023 Open Accounts Payable AT&T $2,028.24
Invoice Date Description Amount
000019912431 05/10/2023 9391051384 4/10/23-5/9/23 $1,604.64 000019945535 05/12/2023 9391023221 (408-253-9200) 4/12/23-5/11/23 $56.00 000019945537 05/12/2023 9391023223 4/12/23-5/11/23 $74.37 000019945631 05/12/2023 9391023218 (238-371-7141) 4/12/23-5/11/23 $63.82 000019945632 05/12/2023 9391023217 (237-361-8095) 4/12/23-5/11/23 $81.00 000019945633 05/12/2023 9391023216 (233-281-5494) 4/12/23-5/11/23 $65.40 000019945634 05/12/2023 9391023215 (233-281-4421) 4/12/23-5/11/23 $83.01 Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$1,911.01
560 - Blackberry Farm 560 100-100 (Cash & Investments Assets Operating Cash)
$56.00
570 - Sports Center 570 100-100 (Cash & Investments Assets Operating Cash)
$61.23
732615 05/26/2023 Open Accounts Payable Bay Area Self Storage - Cupertino $712.00 Invoice Date Description Amount
32300 05/17/2023 Facilities - June 2023 Rental Storage Fees $712.00 Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$712.00
user: Vi Tran Pages: 1 of 21 Tuesday, May 30, 2023
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 5/20/2023 - To Payment Date: 5/26/2023 212
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Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
732616 05/26/2023 Open Accounts Payable Big Ass Fans $3,117.37 Invoice Date Description Amount
10185127 04/06/2023 Facilities - 20' Heater $1,631.42
10184559 04/04/2023 Facilities - 100 BTU Unit Heater Natural Gas $1,485.95 Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$3,117.37
732617 05/26/2023 Open Accounts Payable Cotton, Shires & Associates, Inc. $5,809.35 Invoice Date Description Amount
523199 05/19/2023 Tersini, 11460 Regnart Road though 12162022- 05162023
$5,809.35
Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$5,809.35
732618 05/26/2023 Open Accounts Payable County of Santa Clara -Office of the Sheriff
$10,747.00
Invoice Date Description Amount
1800085840 05/08/2023 Sheriff Charges Cherry Blossom Festival 4.29-4.30 $10,647.00 1800085761 04/28/2023 LIVE SCAN SERVICES - MARCH 2023 $100.00 Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$10,747.00
732619 05/26/2023 Open Accounts Payable Cupertino Union School District $1,671.70 Invoice Date Description Amount
AT23-00018 04/26/2023 McClellan Field Trip bus- Blue Hills 4.3.23 $209.55 AT23-00019 04/26/2023 McClellan Field Trip bus- Stevens Creek Elem 4.6.23 $395.57 AT23-00020 04/26/2023 McClellan Field Trip bus- West Valley 4.7.23 $160.92 AT23-00021 04/27/2023 McClellan Field Trip bus- Faria School 4.10.23 $356.37 AT23-00022 04/27/2023 McClellan Field Trip bus- Faria School 4.12.23 $161.87 AT23-00023 04/27/2023 McClellan Field Trip bus- Stocklmeir 4.13.23 $189.63 AT23-00024 04/27/2023 McClellan Field Trip bus- Stocklmeir 4.14.23 $197.79 Paying Fund Cash Account Amount
230 - Env Mgmt Cln Crk Strm Drain 230 100-100 (Cash & Investments Assets Operating Cash)
$1,671.70
732620 05/26/2023 Open Accounts Payable DEPARTMENT OF JUSTICE $160.00 Invoice Date Description Amount
652605 05/03/2023 Fingerprint Apps - APR 2023 $160.00
Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$160.00
732621 05/26/2023 Open Accounts Payable Elkhorn Slough Safari $650.00 Invoice Date Description Amount
P36379 05/17/2023 Senior Trip - Boat Tour 06.15.23 $650.00 Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$650.00
user: Vi Tran Pages: 2 of 21 Tuesday, May 30, 2023
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 5/20/2023 - To Payment Date: 5/26/2023 213
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Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
732622 05/26/2023 Open Accounts Payable FEDEX $51.39
Invoice Date Description Amount
8-129-68703 05/12/2023 FEDEX Services - IT $51.39
Paying Fund Cash Account Amount
610 - Innovation & Technology 610 100-100 (Cash & Investments Assets Operating Cash)
$51.39
732623 05/26/2023 Open Accounts Payable HUICHEN LIN $429.00 Invoice Date Description Amount
052323 HL 05/23/2023 May fitness classes $429.00
Paying Fund Cash Account Amount
570 - Sports Center 570 100-100 (Cash & Investments Assets Operating Cash)
$429.00
732624 05/26/2023 Open Accounts Payable KELLY-MOORE PAINT CO INC $277.80 Invoice Date Description Amount
811-00000567493 05/23/2023 Streets - Acryshld Flt Base $277.80 Paying Fund Cash Account Amount
270 - Transportation Fund 270 100-100 (Cash & Investments Assets Operating Cash)
$277.80
732625 05/26/2023 Open Accounts Payable Li-Fen Lin $40.00 Invoice Date Description Amount
052323 LFL 05/23/2023 May fitness classes $40.00
Paying Fund Cash Account Amount
570 - Sports Center 570 100-100 (Cash & Investments Assets Operating Cash)
$40.00
732626 05/26/2023 Open Accounts Payable MMANC $20.00
Invoice Date Description Amount
7937 05/22/2023 Emerging Leader/Senior Leader Pair Training for Ursula S.
$20.00
Paying Fund Cash Account Amount
520 - Resource Recovery 520 100-100 (Cash & Investments Assets Operating Cash)
$20.00
732627 05/26/2023 Open Accounts Payable Mountain View Garden Center $418.15 Invoice Date Description Amount
113035 05/15/2023 Grounds - Top Soil $32.17
113040 05/18/2023 Trees/ROW - 4yd Topsoil $257.32
113055 05/17/2023 Trees/ROW - 2Yd TopSoil $128.66
Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$418.15
732628 05/26/2023 Open Accounts Payable Newman Signs, Inc. $1,422.64 Invoice Date Description Amount
TRFINV046832 05/18/2023 Streets - Post Std Punch/Radius W/Border DG3 Black/Flyg
$1,422.64
Paying Fund Cash Account Amount
270 - Transportation Fund 270 100-100 (Cash & Investments Assets Operating Cash)
$1,422.64
user: Vi Tran Pages: 3 of 21 Tuesday, May 30, 2023
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 5/20/2023 - To Payment Date: 5/26/2023 214
CC 06-21-2023
214 of 1675
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
732629 05/26/2023 Open Accounts Payable O'Reilly Auto Parts $56.47 Invoice Date Description Amount
2591-282160 04/03/2023 Fleet - Hyd Filter, Air Filter $28.21 2591-284627 04/14/2023 Fleet - Cabin Filter $28.26
Paying Fund Cash Account Amount
630 - Vehicle/Equip Replacement 630 100-100 (Cash & Investments Assets Operating Cash)
$56.47
732630 05/26/2023 Open Accounts Payable Occupational Health Centers of California, A Medi
$175.00
Invoice Date Description Amount
79187265 05/03/2023 TB Test - R. Arora, C. Wang, R. Myers, N. Kaur $140.00 79111537 05/02/2023 TB Test - S. Yu $35.00
Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$175.00
732631 05/26/2023 Open Accounts Payable Operating Engineers Local Union No. 3 $1,443.48
Invoice Date Description Amount
05192023 05/19/2023 Union Dues pp 5/6/23-5/19/23 $1,443.48 Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$1,443.48
732632 05/26/2023 Open Accounts Payable PG&E $49,657.02 Invoice Date Description Amount
0092-050223-0 05/02/2023 116367401 -Miller W/S N of Greenwood $19.04 0092-050223-1 05/02/2023 116367359 -Homestead and Heron, traffic control svc $63.47 0092-050223-2 05/02/2023 116367150 -Homestead and Wolfe Road, Sunnyvale $102.41 0092-050223-3 05/02/2023 116367155 -Homestead and Blaney, Cupertino Traffic Signal, Sunny
$64.91
0092-050223-4 05/02/2023 116367275 -Homestead and Tantau, Cupertino Traffic Signal, Sunny
$98.35
0092-050223-5 05/02/2023 116367013 -112017763 -11370 S Stelling Rd, Irrigation Control
$7.38
0092-050223-6 05/02/2023 116644889 19500 Pruneridge ave pole TP16660 $7.38 0092-050223-7 05/02/2023 118007511 -21834 Corte Madera Ln $2.67 0092-050223-8 05/02/2023 1110161867 - Wolfe Rd @ Apple Campus Driveway $73.92 0092-050223-9 05/02/2023 116367793 -101 Skyport Dr, DG A, San Jose, PGandE-Owned St/Highw
$757.69
0092-050223-10 05/02/2023 110958527 115145264 -Randy Lane & Larry WayStreetlights$60.19 0092-050223-11 05/02/2023 111736580 SF Cupertino 075 $4.44 0092-050223-12 05/02/2023 116367357 -N De Anza 188 FT N/Valley Green Dr, Irrig Controller
$17.15
0092-050223-13 05/02/2023 116367907 -S/W Corner Stelling and Green leaf, Traffic Signal
$85.88
0092-050223-14 05/02/2023 116367113 -Miller E/S 100N off Calle De Barcelona $82.33 0092-050223-15 05/02/2023 116367836 -De Anza Blvd E/S S/O Lazaneo, Sprinkler Control
$9.86
0092-050223-16 05/02/2023 116367677 -De Anza and Lazaneo, Sprinkler System $9.86 0092-050223-17 05/02/2023 116367025 -De Anza and Lazaneo, Traffic Signal $89.86 user: Vi Tran Pages: 4 of 21 Tuesday, May 30, 2023
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 5/20/2023 - To Payment Date: 5/26/2023 215
CC 06-21-2023
215 of 1675
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
0092-050223-18 05/02/2023 110659172 -N De Anza 455FT S/O Mariani Dr, Irrig Control
$13.64
0092-050223-19 05/02/2023 116367035 -De Anza Blvd and Mariani, Traffic Signal/Safety Lts
$104.88
0092-050223-20 05/02/2023 116367045 -De Anza Blvd and Hwy 280 S/Ramp, Traffic Signal
$101.11
0092-050223-21 05/02/2023 116367050 -NW Corner Stevens Crk, Traffic Signals $84.43 0092-050223-22 05/02/2023 116367055 -Saich Wy and Stevens Crk NE Corner, Traffic Signal
$73.71
0092-050223-23 05/02/2023 116367060 -E37R0 Stevens Creek and De Anza Blvd, Traffic Signal
$112.48
0092-050223-24 05/02/2023 116367065 -Stevens Creek Blvd E/Saich Wy, Sprinkler Control
$10.49
0092-050223-25 05/02/2023 116367070 -Stevens Creek and Blaney Ave., Traffic Signal
$92.44
0092-050223-26 05/02/2023 116367075 -Vallco Pkwy and Perimeter Rd., Traffic Signals
$69.56
0092-050223-27 05/02/2023 116367090 -Wolfe and Vallco Pkwy, Traffic Signals $101.90 0092-050223-28 05/02/2023 116367100 -E37H3 Wolfe and 280 SB Loc B, Traffic Signal
$87.88
0092-050223-29 05/02/2023 116367105 -Stevens Crk and Wolfe Rd, Traffic Signals $133.92 0092-050223-30 05/02/2023 116367110 -SW Cor Stevens Crk and Portal, Traffic Signal
$85.83
0092-050223-31 05/02/2023 116367115 -Stevens Crk and Perimeter Rd, Traffic Control Signal
$83.93
0092-050223-32 05/02/2023 116367120 -Vallco Prky/Tantau Ave, Traffic Signal $94.60 0092-050223-33 05/02/2023 116367125 -Stevens Crk and Tantau, Traffic Signals $92.14 0092-050223-34 05/02/2023 116367130 -NW Corner Steven Crk and Torre, Traffic Signal
$88.89
0092-050223-35 05/02/2023 116367782 -N/S Stevens Creek Blvd in front of 20301, Irrigation
$9.86
0092-050223-36 05/02/2023 116367001 -E37H4 Wolfe and Rte 280 NB Loc A $60.21 0092-050223-37 05/02/2023 116367165 -S/E Wolfe-Pruneridge, Sprinkler Control and Traffic S
$107.49
0092-050223-38 05/02/2023 116367170 -Tantau Ave and Tandem D/W, Traffic Signal
$93.80
0092-050223-39 05/02/2023 116367175 -S/E Corner Pruneridge and Tantau, Traffic Controller
$80.63
0092-050223-40 05/02/2023 116367180 -Finch and Stevens Creek, Traffic Signals $101.33 0092-050223-41 05/02/2023 116367185 -Wolfe Rd 500 Ft S/O Homestead, City/Sign Lighting
$32.23
0092-050223-42 05/02/2023 116367195 -Corner Miller and Phil Ln, Traffic Signal $73.67 0092-050223-43 05/02/2023 116367200 -Homestead and De Anza Blvd, Traffic Signal/Dept Pub W
$118.15
0092-050223-44 05/02/2023 116367205 -Homestead Rd and Franco Ct, Traffic Signals
$74.75
0092-050223-45 05/02/2023 116367215 -N/Ramp De Anza Blvd, Traffic Signal $92.68 0092-050223-46 05/02/2023 116367220 -Homestead Rd and Bluejay Rd, Traffic Signals
$78.47
0092-050223-47 05/02/2023 118426656 -WS Portal Btw Amhurst-Wheaton , Portal Prk Ltg, Prk L
$281.02
0092-050223-48 05/02/2023 114321565 116367416 -22601 Voss Ave $773.40 user: Vi Tran Pages: 5 of 21 Tuesday, May 30, 2023
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 5/20/2023 - To Payment Date: 5/26/2023 216
CC 06-21-2023
216 of 1675
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
0092-050223-49 05/02/2023 116367925 -22601 Voss Ave, Outdoor Lighting-MV Park
$18.35
0092-050223-50 05/02/2023 116367245 -Stevens Creek Blvd and Janice Ave, Sprinkler Control
$16.71
0092-050223-51 05/02/2023 116367269 -Cor/Lucille and Randy Ln, Sprinkler System (011095852
$11.63
0092-050223-52 05/02/2023 116367255 -Lucille and Villa De Anza, Sprinkler Control
$301.96
0092-050223-53 05/02/2023 116367815 -19784 Wintergreen Dr $854.62 0092-050223-54 05/02/2023 116367280 -Stevens Creek Blvd and Fwy 85 East Ramp, Traffic Sign
$90.06
0092-050223-55 05/02/2023 116367290 -Stevens Creek and Mary Ave, Traffic Signals
$93.24
0092-050223-56 05/02/2023 116367408 -Stevens Creek Bl and Mary Avenue, Memorial Park Pump
$65.33
0092-050223-57 05/02/2023 116367625 -Stevens Creek Blvd Orange S/W Cor, Irrigation Control
$9.86
0092-050223-58 05/02/2023 116367902 -10246 Parkside Ln, Wilson Pk Sprinklers,Snack Shack,I
$251.85
0092-050223-59 05/02/2023 116367628 -N/W corner Alpine Dr and Foothill Blvd, Irrigation Co
$9.86
0092-050223-60 05/02/2023 116367476 -Salem Ave and Foothill Blvd, Irrigation Control
$9.86
0092-050223-61 05/02/2023 116367527 -Foothill Blvd 200' N/O Stevens Creek W/S, Irrigation
$9.86
0092-050223-62 05/02/2023 116367740 -Carmen Rd and Stevens Creek S/E corner, Irrigation Co
$9.86
0092-050223-63 05/02/2023 116367343 112570652 -Foothill Blvd 150' N/O Alpine E/S, Irrigati
$10.10
0092-050223-64 05/02/2023 116367370 -Stevens Creek Blvd and Fwy 85 West Ramp, Traffic Sign
$14.78
0092-050223-65 05/02/2023 116367380 -NE Corner Peninsula and Stevens Creek, Traffic Signal
$90.90
0092-050223-66 05/02/2023 116367385 -End/Stokes W/Wilson Crt, Sprinkler Control
$11.72
0092-050223-67 05/02/2023 116367395 -N/E corner Foothill and Starling Dr, Traffic Signals
$74.47
0092-050223-68 05/02/2023 116367067 -Stonydale Dr and Varian Park, walkway lighting and Ir
$99.38
0092-050223-69 05/02/2023 116367071 -Linda Vista Dr / Hillside Park, Hillside Park $28.16 0092-050223-70 05/02/2023 116367648 -Linda Vista Park/Linda Vista Dr, Irrigation Control
$157.37
0092-050223-71 05/02/2023 116367455 -E37R9 Rodriguez and De Anza Blvd, Traffic Signal
$95.78
0092-050223-72 05/02/2023 116367656 -Scofield and De Anza, 100HP $12.29 0092-050223-73 05/02/2023 116367465 -De Anza Blvd and Scofield Dr, Sprinkler Controller
$11.41
0092-050223-74 05/02/2023 116367475 -Foothill and Stevens Creek, Traffic Signal $82.58 0092-050223-75 05/02/2023 116367447 -Stelling Rd Median 500' S/O Peppertree Ln, Landscape
$12.32
0092-050223-76 05/02/2023 116367236 -Stelling Rd Median 450' S/O Stevens Crk, Landscape Ir
$12.00
user: Vi Tran Pages: 6 of 21 Tuesday, May 30, 2023
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 5/20/2023 - To Payment Date: 5/26/2023 217
CC 06-21-2023
217 of 1675
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
0092-050223-77 05/02/2023 116367505 -Stevens Crk and Stelling, Signal $45.88 0092-050223-78 05/02/2023 116367510 -Bubb Rd and Results Wy, Traffic Signal $66.59 0092-050223-79 05/02/2023 116367515 -Bubb Rd and McClellan Intersection, Traffic Signal
$98.95
0092-050223-80 05/02/2023 116367520 -Stelling Rd and Peppertree, Traffic Signal $71.01 0092-050223-81 05/02/2023 116367525 -Stelling and McClellan, Signals $100.64 0092-050223-82 05/02/2023 116367530 -Orange Ave and Stevens Creek N/E corner, Traffic Cont
$59.09
0092-050223-83 05/02/2023 116367493 -Dumas Dr/Jollyman Park, Jollyman Park Restroom
$282.40
0092-050223-84 05/02/2023 116367545 -Saratoga-Sunnyvale Rd, Traffic Signal $82.77 0092-050223-85 05/02/2023 116367550 -W/S Saratoga-Sunnyvale Rd @ RT85, Traffic Signal
$72.58
0092-050223-86 05/02/2023 116367560 -S/E corner De Anza and Pacifica, Traffic Signal
$91.61
0092-050223-87 05/02/2023 116367570 -De Anza Blvd, Sprinkler Controller * $11.41 0092-050223-88 05/02/2023 116367585 -Rainbow and Stelling, Traffic Signal $76.94 0092-050223-89 05/02/2023 116367559 -21011 Prospect Rd, Irrigation Control $9.86 0092-050223-90 05/02/2023 116367685 -Ruppell Pl and Moltzen Dr, Sprinkler Control
$64.78
0092-050223-91 05/02/2023 115211833 -10300 Anisworth Dr, Ball Park Stevens Creek SV
$9.87
0092-050223-92 05/02/2023 116367630 -22100 Stevens Creek Blvd, Golf Pro Shop $276.59 0092-050223-93 05/02/2023 110081495 -10710 Stokes Ave, Somerset Park $44.42 0092-050223-94 05/02/2023 116367044 -10555 Mary Ave NEM $5,511.22 0092-050223-95 05/02/2023 116367568 -10555 Mary Ave, Corp Yard $2,284.63 0092-050223-96 05/02/2023 116367474 -10500 Ann Arbor Ave, Field-Garden Gate $16.50 0092-050223-97 05/02/2023 114315284 116367325 -21975 San Fernando Ave, Picnic Area
$1,737.89
0092-050223-98 05/02/2023 116367171 -10155 Barbara Ln, Irrigation and Scoreboard
$27.40
0092-050223-99 05/02/2023 116367587 -10430 S De Anza Blvd, Holiday Lighting $55.67 0092-050223-100 05/02/2023 116367449 -10350 Torre Ave, Community Hall $2,996.12 0092-050223-101 05/02/2023 111190735 119980351-10300 Torre Ave, City Hall $7,243.37 0092-050223-102 05/02/2023 116367437 -10455 Miller Ave, Creekside Park $525.55 0092-050223-103 05/02/2023 116367988 -21710 McClellan Rd, Playground Reception Area
$9.86
0092-050223-104 05/02/2023 116367484 -20220 Suisun Dr, Parks and Rec Free Standing Panel
$9.86
0092-050223-105 05/02/2023 116367763 -10630 S De Anza Blvd, Holiday Lighting $62.25 0092-050223-106 05/02/2023 116367332 -821 Bubb Rd #B/Building Concession $64.83 0092-050223-107 05/02/2023 116367274 -1170 Yorkshire Dr. $9.88 0092-050223-108 05/02/2023 116367013 - 1486 S Stelling Rd $9.86 0092-050223-109 05/02/2023 116367941 -7548 Donegal Dr, Irrigation Control /Hoover Park
$22.83
0092-050223-110 05/02/2023 116367840 -10185 N Stelling RD $8,017.99 0092-050223-111 05/02/2023 116971849 -21111 Stevens Creek Blvd, Sports Center $7,199.44 0092-050223-112 05/02/2023 116367477 -21121 Stevens Creek Blvd, Memorial Park $1,253.60 0092-050223-113 05/02/2023 (Old116367536) 113736756 ESP113428799 -Senior Center 21251 Steve
$3,363.84
user: Vi Tran Pages: 7 of 21 Tuesday, May 30, 2023
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 5/20/2023 - To Payment Date: 5/26/2023 218
CC 06-21-2023
218 of 1675
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
0092-050223-114 05/02/2023 116367590 -Saratoga Sunnyvale Rd and Hwy 85, Traffic Signal
$74.25
0092-050223-115 05/02/2023 116367605 -E37C1 Prospect and Rte 85, Traffic Signal $88.14 0092-050223-116 05/02/2023 116367610 -E37R6 Kentwood/S. De Anza Blvd, Traffic Signal
$70.10
0092-050223-117 05/02/2023 116367615 -Fallenleaf Ln and S De Anza Blvd, Traffic Signal
$86.80
0092-050223-118 05/02/2023 116367620 -S De Anza Blvd and Sharon Dr , Irrigation Controller
$17.13
Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$42,180.99
560 - Blackberry Farm 560 100-100 (Cash & Investments Assets Operating Cash)
$276.59
570 - Sports Center 570 100-100 (Cash & Investments Assets Operating Cash)
$7,199.44
732633 05/26/2023 Open Accounts Payable PTS COMMUNICATIONS $543.00 Invoice Date Description Amount
2106010 05/11/2023 payphone svcs JUNE 2023 $543.00
Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$482.66
570 - Sports Center 570 100-100 (Cash & Investments Assets Operating Cash)
$60.34
732634 05/26/2023 Open Accounts Payable Revel Environmental Manufacturing, Inc.
$2,793.00
Invoice Date Description Amount
57195 05/05/2023 SO #1 servicing filters $2,793.00
Paying Fund Cash Account Amount
230 - Env Mgmt Cln Crk Strm Drain 230 100-100 (Cash & Investments Assets Operating Cash)
$2,793.00
732635 05/26/2023 Open Accounts Payable SAN JOSE WATER COMPANY $5,840.92 Invoice Date Description Amount
SJW050323-0 05/03/2023 0067500000-4 - Oro Grande PL LS $172.70 SJW050323-1 05/03/2023 0879200000-5 - Stelling Rd. LS $555.95 SJW050323-2 05/03/2023 1731610000-1 - De Anza Blvd.S. $562.37 SJW050323-3 05/03/2023 4242600000-8 - Irrigation-Median (Bollinger Rd) $172.70 SJW050323-4 05/03/2023 4862898282-8 - 10455 Torre Ave $249.91 SJW050323-5 05/03/2023 5280181221-6 - S De Anza Bl (median irrigation) $172.70 SJW050323-6 05/03/2023 5461910000-8 - De Anza Blvd.S. $546.52 SJW050323-7 05/03/2023 5949902723-9 - Creekline Dr $342.67 SJW050323-8 05/03/2023 9705420000-7 - 10300 Torre Avenue Ls $552.94 SJW050423-0 05/04/2023 3156700000-0 - Prospect Rd.LS $169.71 SJW050423-1 05/04/2023 4676110000-0 - Rainbow Dr.LS $172.70 SJW050423-2 05/04/2023 6756510000-4 - Yorkshire Dr.LS $1,878.27 SJW050423-3 05/04/2023 7808300000-6 - Irrigation-Median (Westlynn Wy) $181.64 SJW050423-4 05/04/2023 9511610000-9 - Donegal Dr. $110.14 Paying Fund Cash Account Amount
user: Vi Tran Pages: 8 of 21 Tuesday, May 30, 2023
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 5/20/2023 - To Payment Date: 5/26/2023 219
CC 06-21-2023
219 of 1675
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$5,840.92
732636 05/26/2023 Open Accounts Payable SANCRA Southern Division $75.00 Invoice Date Description Amount
1353 05/19/2023 Softball Team Registrations $75.00
Paying Fund Cash Account Amount
580 - Recreation Program 580 100-100 (Cash & Investments Assets Operating Cash)
$75.00
732637 05/26/2023 Open Accounts Payable Sherrill Inc. $5,976.30 Invoice Date Description Amount
INV-867845 05/18/2023 Trees/ROW - Simple Rope Bag $109.08 INV-866760 05/16/2023 Trees/ROW - Polesaw, Replacement Blade, 240mm Silky
$3,055.35
INV-863571 05/05/2023 Trees/ROW - pulleySAVER $302.27
INV-860875 04/28/2023 Trees/ROW -RockGrab, Locksafe, Pulley, Helmet, Padding, Pole
$2,509.60
Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$5,976.30
732638 05/26/2023 Open Accounts Payable SONIA DOGRA $156.00 Invoice Date Description Amount
052323 SD 05/23/2023 May fitness classes $156.00
Paying Fund Cash Account Amount
570 - Sports Center 570 100-100 (Cash & Investments Assets Operating Cash)
$156.00
732639 05/26/2023 Open Accounts Payable SUMMERWINDS GARDEN CNTR INC.
$1,007.98
Invoice Date Description Amount
1737/59 05/10/2023 Grounds - Anigozanthos, Petunia, Dianthus, Sunset Gold
$79.72
1735/59 05/09/2023 Grounds - Heliant, Verbena, Gaillardia, Lantana $137.18 1726/59 04/26/2023 Grounds - Rose Bush, Julia Child, Dodonaea $791.08 Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$216.90
420 - Capital Improvement Fund 420 100-100 (Cash & Investments Assets Operating Cash)
$791.08
732640 05/26/2023 Open Accounts Payable The Goodyear Tire & Rubber Company
$1,420.50
Invoice Date Description Amount
189-1110319 05/09/2023 Fleet: Tires $1,420.50
Paying Fund Cash Account Amount
630 - Vehicle/Equip Replacement 630 100-100 (Cash & Investments Assets Operating Cash)
$1,420.50
732641 05/26/2023 Open Accounts Payable The Permanente Medical Group INC. $360.00 Invoice Date Description Amount
8567-050923 05/09/2023 Physical Exams $360.00
Paying Fund Cash Account Amount
user: Vi Tran Pages: 9 of 21 Tuesday, May 30, 2023
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 5/20/2023 - To Payment Date: 5/26/2023 220
CC 06-21-2023
220 of 1675
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$360.00
732642 05/26/2023 Open Accounts Payable Tubelite $900.04 Invoice Date Description Amount
30713949-00 05/03/2023 Streets - Abrasion Guard w/SPF Foil, Blue Spot, Black Spot
$530.64
30713351-02 05/12/2023 Streets - Abrasion Guard w/Foil GSP Edge, Cobalt Blue Spot Foil
$369.40
Paying Fund Cash Account Amount
270 - Transportation Fund 270 100-100 (Cash & Investments Assets Operating Cash)
$900.04
732643 05/26/2023 Open Accounts Payable United Site Services $586.68 Invoice Date Description Amount
114-13569965 04/11/2023 portable toilet at compost site April-May 2023 $93.90 INV-01590601 04/10/2023 Trees/ROW - SWP 4.10.23 to 5.7.23 $492.78 Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$492.78
520 - Resource Recovery 520 100-100 (Cash & Investments Assets Operating Cash)
$93.90
732644 05/26/2023 Open Accounts Payable Utility Cost Management LLC $791.74 Invoice Date Description Amount
25563 05/15/2023 Utility savings analysis done by UCM $791.74 Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$791.74
732645 05/26/2023 Open Accounts Payable Wanco, Inc. $120.00 Invoice Date Description Amount
FMI-0001995 05/13/2023 Streets - Data Pkg $120.00
Paying Fund Cash Account Amount
270 - Transportation Fund 270 100-100 (Cash & Investments Assets Operating Cash)
$120.00
732646 05/26/2023 Open Accounts Payable Western Pacific Signal, LLC $4,910.63 Invoice Date Description Amount
29442 04/04/2023 PW Transportation - Traffic Signal Parts $4,910.63 Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$4,910.63
732647 05/26/2023 Open Accounts Payable YAMAGAMI'S NURSERY $64.35 Invoice Date Description Amount
101-H2740 05/19/2023 Grounds - Grip, Trowel $64.35
Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$64.35
732648 05/26/2023 Open Accounts Payable Chandrasekhar, Mandalagiri $500.00 Invoice Date Description Amount
2007357.030 05/02/2023 QCC- 6.4.23- Cupertino Room Security Deposit Refund
$500.00
user: Vi Tran Pages: 10 of 21 Tuesday, May 30, 2023
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 5/20/2023 - To Payment Date: 5/26/2023 221
CC 06-21-2023
221 of 1675
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$500.00
732649 05/26/2023 Open Accounts Payable Chi Am Circle $500.00 Invoice Date Description Amount
2007404.030 05/17/2023 QCC- 2.05 & 5.13.23- Cupertino Room Security Deposit Refund
$500.00
Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$500.00
732650 05/26/2023 Open Accounts Payable J & H Foundation $240.00 Invoice Date Description Amount
2007376.030 05/09/2023 QCC- 6.10.23- Cupertino Room Rental Fees Refund $240.00 Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$240.00
732651 05/26/2023 Open Accounts Payable J & H Foundation $800.00 Invoice Date Description Amount
2007381.030 05/09/2023 QCC- 1.14-5.15.23 - Cupertino/Social Rm Security Deposit Refund
$800.00
Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$800.00
732652 05/26/2023 Open Accounts Payable Monta Vista High School Associated Student Body
$500.00
Invoice Date Description Amount
2007383.030 05/10/2023 QCC- 3.30.23- Cupertino Room Security Deposit Refund
$500.00
Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$500.00
732653 05/26/2023 Open Accounts Payable NGUYEN, DANG $1,500.00 Invoice Date Description Amount
BS000006220 05/24/2023 10428 Glencoe Dr, Encroachment bond, BS000006220
$1,500.00
Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$1,500.00
732654 05/26/2023 Open Accounts Payable Toyokawa Sister City $950.00 Invoice Date Description Amount
2007393.030 05/12/2023 QCC- 4.29-4.30.23 - Memorial Park Field Security Deposit Refund
$950.00
Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$950.00
user: Vi Tran Pages: 11 of 21 Tuesday, May 30, 2023
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 5/20/2023 - To Payment Date: 5/26/2023 222
CC 06-21-2023
222 of 1675
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
732655 05/26/2023 Open Accounts Payable Villegas Figueroa, Rommel $250.00 Invoice Date Description Amount
2007375.030 05/09/2023 QCC- 6.17.23- Creekside Building Security Deposit Refund
$250.00
Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$250.00
732656 05/26/2023 Open Accounts Payable PAUL DAVIS $201.60 Invoice Date Description Amount
112519 11/25/2019 Bridge (11.2-11.23) 9 Students $201.60 Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$201.60
Type Check Totals: 46 Transactions $111,128.65
EFT
37094 05/26/2023 Open Accounts Payable Colonial Life & Accident Insurance $29.16 Invoice Date Description Amount
05192023 05/19/2023 Colonial Products pp 5/6/23-5/19/23 $29.16 Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$29.16
37095 05/26/2023 Open Accounts Payable Employment Development $8,243.57 Invoice Date Description Amount
05192023 05/19/2023 State Disability Insurance pp 5/6/23-5/19/23 $8,243.57 Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$8,243.57
37096 05/26/2023 Open Accounts Payable National Deferred (ROTH) $3,124.89 Invoice Date Description Amount
05192023 05/19/2023 Nationwide Roth pp 5/6/23-5/19/23 $3,124.89 Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$3,124.89
37097 05/26/2023 Open Accounts Payable National Deferred Compensatin $23,847.25 Invoice Date Description Amount
05192023 05/19/2023 Nationwide Deferred Compensation pp 5/6/23-5/19/23 $23,847.25 Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$23,847.25
37098 05/26/2023 Open Accounts Payable PERS-457K $18,106.75 Invoice Date Description Amount
05192023 05/19/2023 PERS Deferred Comp pp 5/6/23-5/19/23 $18,106.75 Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$18,106.75
37099 05/26/2023 Open Accounts Payable State Disbursement Unit $894.72 Invoice Date Description Amount
05192023 05/19/2023 Child Support pp 5/6/23-5/19/23 $894.72 user: Vi Tran Pages: 12 of 21 Tuesday, May 30, 2023
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 5/20/2023 - To Payment Date: 5/26/2023 223
CC 06-21-2023
223 of 1675
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$894.72
37100 05/26/2023 Open Accounts Payable Abbv Avende $97.93 Invoice Date Description Amount
AbigailA05232023 05/24/2023 Reimbursement for MMANC Women's Conference - Abby Avende
$97.93
Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$97.93
37101 05/26/2023 Open Accounts Payable ABOLI JAYDEEP RANADE $234.00 Invoice Date Description Amount
052323 AJR 05/23/2023 May fitness classes $234.00
Paying Fund Cash Account Amount
570 - Sports Center 570 100-100 (Cash & Investments Assets Operating Cash)
$234.00
37102 05/26/2023 Open Accounts Payable All City Management Services, Inc. $16,811.62 Invoice Date Description Amount
85658 05/17/2023 School Crossing Guard Services through 04302023- 05132023
$16,811.62
Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$16,811.62
37103 05/26/2023 Open Accounts Payable Amit Goel $351.00 Invoice Date Description Amount
052323 AG 05/23/2023 May fitness classes $351.00
Paying Fund Cash Account Amount
570 - Sports Center 570 100-100 (Cash & Investments Assets Operating Cash)
$351.00
37104 05/26/2023 Open Accounts Payable Aquatic Central $3,000.00 Invoice Date Description Amount
100008 05/15/2023 Facilities - May 2023 Aquarium Maint. $3,000.00 Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$3,000.00
37105 05/26/2023 Open Accounts Payable Better Source $3,158.19 Invoice Date Description Amount
115945 05/23/2023 Furniture for HR Office and Jonathan $3,158.19 Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$3,158.19
37106 05/26/2023 Open Accounts Payable BKF Engineers $7,788.08 Invoice Date Description Amount
23051074 05/21/2023 I-280 Trail through 04012023-04302023 $7,788.08 Paying Fund Cash Account Amount
420 - Capital Improvement Fund 420 100-100 (Cash & Investments Assets Operating Cash)
$7,788.08
user: Vi Tran Pages: 13 of 21 Tuesday, May 30, 2023
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 5/20/2023 - To Payment Date: 5/26/2023 224
CC 06-21-2023
224 of 1675
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
37107 05/26/2023 Open Accounts Payable CHAD E MOSLEY $110.00 Invoice Date Description Amount
ChadM04202023 04/20/2023 Cell Phone Reimbursement through 032123-042023 $55.00 ChadM05202023 05/20/2023 Cell Phone Reimbursement through 042123-052023 $55.00 Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$110.00
37108 05/26/2023 Open Accounts Payable COLLEEN FERRIS $55.00 Invoice Date Description Amount
ColleenF051623 05/16/2023 cell phone service for CF Apr 17 - May 16 $55.00 Paying Fund Cash Account Amount
570 - Sports Center 570 100-100 (Cash & Investments Assets Operating Cash)
$55.00
37109 05/26/2023 Open Accounts Payable CSG Consultants, Inc. $4,495.69 Invoice Date Description Amount
B230581 05/01/2023 Building Plan Review Services - 2023/04 $1,437.50 B230582 05/01/2023 Building Plan Review Services - 2023/04 Vallco Town Center
$3,058.19
Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$4,495.69
37110 05/26/2023 Open Accounts Payable EDGES ELECTRICAL GROUP $2,097.48 Invoice Date Description Amount
S5850519.001 05/17/2023 Streets - Buss HED-AB Fuseholder $2,097.48 Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$2,097.48
37111 05/26/2023 Open Accounts Payable Eflex Group, Inc $4,145.16 Invoice Date Description Amount
05192023 05/19/2023 FSA Employee Health pp 5/6/23-5/19/23 $4,145.16 Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$4,145.16
37112 05/26/2023 Open Accounts Payable Evelyn Moran $55.00 Invoice Date Description Amount
EvelynM05212023 05/21/2023 Cell Phone Reimbursement through 05212023 $55.00 Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$55.00
37113 05/26/2023 Open Accounts Payable FolgerGraphics $8,676.34 Invoice Date Description Amount
135769 04/28/2023 Scene May 2023 Printing $8,676.34
Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$8,676.34
37114 05/26/2023 Open Accounts Payable Goldfarb & Lipman LLP $7,062.00 Invoice Date Description Amount
464209 05/16/2023 Housing Legal Review 2023/04 $7,062.00 user: Vi Tran Pages: 14 of 21 Tuesday, May 30, 2023
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 5/20/2023 - To Payment Date: 5/26/2023 225
CC 06-21-2023
225 of 1675
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
Paying Fund Cash Account Amount
265 - BMR Housing 265 100-100 (Cash & Investments Assets Operating Cash)
$7,062.00
37115 05/26/2023 Open Accounts Payable GRACE DUVAL $1,232.00 Invoice Date Description Amount
052323 GD 05/23/2023 May fitness classes and PT $880.00 052323 GD QCC 05/23/2023 Spring classes $352.00
Paying Fund Cash Account Amount
570 - Sports Center 570 100-100 (Cash & Investments Assets Operating Cash)
$880.00
580 - Recreation Program 580 100-100 (Cash & Investments Assets Operating Cash)
$352.00
37116 05/26/2023 Open Accounts Payable GRAINGER INC $712.35 Invoice Date Description Amount
9707557824 05/15/2023 Facilities - ADA Braille Facility Sign $116.86 9706198919 05/12/2023 Facilities - Fluor Ballast $595.49 Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$712.35
37117 05/26/2023 Open Accounts Payable HF&H Consultants, LLC $17,908.75 Invoice Date Description Amount
9720162 04/25/2023 HF&H- March 2023 services $17,908.75 Paying Fund Cash Account Amount
520 - Resource Recovery 520 100-100 (Cash & Investments Assets Operating Cash)
$17,908.75
37118 05/26/2023 Open Accounts Payable HMH Engineers $2,970.00 Invoice Date Description Amount
46972 05/12/2023 Cupertino BPMP Final PS&E through 05062023 $2,970.00 Paying Fund Cash Account Amount
270 - Transportation Fund 270 100-100 (Cash & Investments Assets Operating Cash)
$2,970.00
37119 05/26/2023 Open Accounts Payable HUNG WEI $831.97 Invoice Date Description Amount
Hungwei042523 05/16/2023 Trip to Sister City 04.14 to 04.25.23 $831.97 Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$831.97
37120 05/26/2023 Open Accounts Payable ICONIX WATERWORKS (US) INC. $1,044.19 Invoice Date Description Amount
U2316017156 05/09/2023 Grounds - Wide Range CPLG $1,044.19 Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$1,044.19
37121 05/26/2023 Open Accounts Payable IFPTE LOCAL 21 $1,893.04 Invoice Date Description Amount
05192023 05/19/2023 Association Dues - CEA pp 5/6/23-5/19/23 $1,893.04 Paying Fund Cash Account Amount
user: Vi Tran Pages: 15 of 21 Tuesday, May 30, 2023
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 5/20/2023 - To Payment Date: 5/26/2023 226
CC 06-21-2023
226 of 1675
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$1,893.04
37122 05/26/2023 Open Accounts Payable Interstate Traffic Control Products, Inc.
$509.38
Invoice Date Description Amount
256579 05/17/2023 Streets - K2 Marker 18" w/Base Yellow Hip Vertical $509.38 Paying Fund Cash Account Amount
270 - Transportation Fund 270 100-100 (Cash & Investments Assets Operating Cash)
$509.38
37123 05/26/2023 Open Accounts Payable Jahara Pagadipaala $160.00 Invoice Date Description Amount
052323 JP 05/23/2023 May fitness classes $160.00
Paying Fund Cash Account Amount
570 - Sports Center 570 100-100 (Cash & Investments Assets Operating Cash)
$160.00
37124 05/26/2023 Open Accounts Payable JAM Services, Inc $2,149.88 Invoice Date Description Amount
167929 05/11/2023 Streets: Wood Pole Arm $2,149.88
Paying Fund Cash Account Amount
420 - Capital Improvement Fund 420 100-100 (Cash & Investments Assets Operating Cash)
$2,149.88
37125 05/26/2023 Open Accounts Payable JAMES COLVIN $3,120.00 Invoice Date Description Amount
052323 JC 05/23/2023 May PT $3,120.00
Paying Fund Cash Account Amount
570 - Sports Center 570 100-100 (Cash & Investments Assets Operating Cash)
$3,120.00
37126 05/26/2023 Open Accounts Payable JENNIFER HILL $369.00 Invoice Date Description Amount
052323 JH 05/23/2023 May fitness classes $369.00
Paying Fund Cash Account Amount
570 - Sports Center 570 100-100 (Cash & Investments Assets Operating Cash)
$369.00
37127 05/26/2023 Open Accounts Payable John Raaymakers $110.00 Invoice Date Description Amount
JohnR05192023 05/19/2023 Cell Phone Reimbursement through 042023-051923 $55.00 JohnR04192023 04/19/2023 Cell Phone Reimbursement through 032023-041923 $55.00 Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$110.00
37128 05/26/2023 Open Accounts Payable JULIA KINST $55.00 Invoice Date Description Amount
JuliaK05192023 05/19/2023 Cell Phone Reimbursement through 042023-051923 $55.00 Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$55.00
user: Vi Tran Pages: 16 of 21 Tuesday, May 30, 2023
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 5/20/2023 - To Payment Date: 5/26/2023 227
CC 06-21-2023
227 of 1675
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
37129 05/26/2023 Open Accounts Payable KIMBERLY LUNT $40.33 Invoice Date Description Amount
KimL05122023 05/12/2023 Cell Phone Reimbursement through 041323-051223 $40.33 Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$40.33
37130 05/26/2023 Open Accounts Payable Liang Chao $107.00 Invoice Date Description Amount
01312023 01/31/2023 Refund the difference between the deposit amount $2820.00
$107.00
Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$107.00
37131 05/26/2023 Open Accounts Payable Mallika M Thoppay $60.00 Invoice Date Description Amount
052323 MMT 05/23/2023 May fitness classes $60.00
Paying Fund Cash Account Amount
570 - Sports Center 570 100-100 (Cash & Investments Assets Operating Cash)
$60.00
37132 05/26/2023 Open Accounts Payable Melisa Stoner $540.00 Invoice Date Description Amount
052323 MS 05/23/2023 May fitness classes $540.00
Paying Fund Cash Account Amount
570 - Sports Center 570 100-100 (Cash & Investments Assets Operating Cash)
$540.00
37133 05/26/2023 Open Accounts Payable Mesiti-Miller Engineering, Inc. $69.00 Invoice Date Description Amount
0423018R 04/30/2023 Wilson Park Basketball Court through 04252023 $69.00 Paying Fund Cash Account Amount
420 - Capital Improvement Fund 420 100-100 (Cash & Investments Assets Operating Cash)
$69.00
37134 05/26/2023 Open Accounts Payable MissionSquare $16,655.86 Invoice Date Description Amount
05192023 05/19/2023 ICMA Deferred Comp pp 5/6/23-5/19/23 $16,655.86 Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$16,655.86
37135 05/26/2023 Open Accounts Payable MONICA G. RANES-GOLDBERG $630.00 Invoice Date Description Amount
052323 MGRG 05/23/2023 May fitness classes $630.00
Paying Fund Cash Account Amount
570 - Sports Center 570 100-100 (Cash & Investments Assets Operating Cash)
$630.00
37136 05/26/2023 Open Accounts Payable Moss Adams LLP $11,812.50 Invoice Date Description Amount
102444391 05/16/2023 Ongoing Program Management services 4/1/23- 4/30/23
$1,050.00
102444427 05/16/2023 Policy Review services 4/1/23-4/30/23 $1,262.50 user: Vi Tran Pages: 17 of 21 Tuesday, May 30, 2023
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 5/20/2023 - To Payment Date: 5/26/2023 228
CC 06-21-2023
228 of 1675
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
102446822 05/22/2023 Enterprise Leadership Study services 4/1/23-4/30/23 $9,500.00 Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$11,812.50
37137 05/26/2023 Open Accounts Payable ODP Business Solutions, LLC. $711.34 Invoice Date Description Amount
312101546001 05/09/2023 Office Supplies - Admin Svcs - Tape and Side Table (Greg)
$649.70
311176299001 05/08/2023 Office Supplies - Admin Svcs - Pen, highlighter, mousepad (Jon)
$30.11
311180436001 05/09/2023 Office Supplies - Admin Svcs - Laptop Sleeve (Jonathan)
$31.53
Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$679.81
610 - Innovation & Technology 610 100-100 (Cash & Investments Assets Operating Cash)
$31.53
37138 05/26/2023 Open Accounts Payable PARS/City of Cupertino $4,614.17 Invoice Date Description Amount
05192023 05/19/2023 PARS Employee pp 5/6/23-5/19/23 $4,614.17 Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$4,614.17
37139 05/26/2023 Open Accounts Payable PlaceWorks $3,117.50 Invoice Date Description Amount
81736 04/30/2023 Housing Element Review 2023/04 $3,117.50 Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$3,117.50
37140 05/26/2023 Open Accounts Payable Raychel Renee Balcioni Cruz $2,430.00 Invoice Date Description Amount
052323 RRBC 05/23/2023 May fitness classes $2,430.00
Paying Fund Cash Account Amount
570 - Sports Center 570 100-100 (Cash & Investments Assets Operating Cash)
$2,430.00
37141 05/26/2023 Open Accounts Payable Recology South Bay $70,033.75 Invoice Date Description Amount
Apr-23 RY3 04/30/2023 City Payment to Recology Rate Year 2/1/23 - 1/31/24- April 2023
$70,033.75
Paying Fund Cash Account Amount
520 - Resource Recovery 520 100-100 (Cash & Investments Assets Operating Cash)
$70,033.75
37142 05/26/2023 Open Accounts Payable Rojin Karimzad $652.50 Invoice Date Description Amount
052323 RK 05/23/2023 May classes and PT $652.50
Paying Fund Cash Account Amount
570 - Sports Center 570 100-100 (Cash & Investments Assets Operating Cash)
$652.50
user: Vi Tran Pages: 18 of 21 Tuesday, May 30, 2023
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 5/20/2023 - To Payment Date: 5/26/2023 229
CC 06-21-2023
229 of 1675
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
37143 05/26/2023 Open Accounts Payable Ross Recreation Equipment, Inc. $3,910.56 Invoice Date Description Amount
I22994 05/08/2023 Grounds - Wilson Park Pottery Benches $3,910.56 Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$3,910.56
37144 05/26/2023 Open Accounts Payable RYDIN $559.76
Invoice Date Description Amount
PS-INV106537 05/10/2023 CH Permit Parking Hangers $559.76 Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$559.76
37145 05/26/2023 Open Accounts Payable San Jose Conservation Corps & Charter School
$2,400.00
Invoice Date Description Amount
7869 04/30/2023 Compost Site Attendants- April 2023 $2,400.00 Paying Fund Cash Account Amount
520 - Resource Recovery 520 100-100 (Cash & Investments Assets Operating Cash)
$2,400.00
37146 05/26/2023 Open Accounts Payable SCA of CA, LLC $18,563.57 Invoice Date Description Amount
105946CS 04/30/2023 Street Sweeping- April 2023 $18,563.57 Paying Fund Cash Account Amount
230 - Env Mgmt Cln Crk Strm Drain 230 100-100 (Cash & Investments Assets Operating Cash)
$9,281.78
520 - Resource Recovery 520 100-100 (Cash & Investments Assets Operating Cash)
$9,281.79
37147 05/26/2023 Open Accounts Payable SHAWN TOGNETTI $48.94 Invoice Date Description Amount
ShawnT12082022 12/08/2022 Shawn T. Cityworks Conference $48.94 Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$48.94
37148 05/26/2023 Open Accounts Payable SHUTE, MIHALY & WEINBERGER LLP
$2,930.45
Invoice Date Description Amount
281458 05/11/2023 Legal Services, April 2023 $2,930.45
Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$2,930.45
37149 05/26/2023 Open Accounts Payable Staples $39.41
Invoice Date Description Amount
3536185202 04/22/2023 City Hall downstairs kitchen supplies $39.41 Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$39.41
user: Vi Tran Pages: 19 of 21 Tuesday, May 30, 2023
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 5/20/2023 - To Payment Date: 5/26/2023 230
CC 06-21-2023
230 of 1675
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
37150 05/26/2023 Open Accounts Payable THERMAL MECHANICAL, INC. $8,629.00 Invoice Date Description Amount
87592 05/17/2023 Facilities - Evaluation to 2 Units and Made Repairs $8,629.00 Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$8,629.00
37151 05/26/2023 Open Accounts Payable West Coast Arborists, Inc. $5,986.00 Invoice Date Description Amount
1-8973 05/04/2023 Trees/ROW - BBF Remove & Haul Away Debris & Logs
$3,910.00
1-9002 05/18/2023 TR-2023-016 Arborist Peer Review - 19621 La Mar Ct. $2,076.00 Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$2,076.00
560 - Blackberry Farm 560 100-100 (Cash & Investments Assets Operating Cash)
$3,910.00
37152 05/26/2023 Open Accounts Payable WOWzy Creation Corp. dba First Place
$40.87
Invoice Date Description Amount
96065 05/17/2023 Name Plate and holder - Thomas Leung $40.87 Paying Fund Cash Account Amount
100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash)
$40.87
Type EFT Totals: 59 Transactions $300,031.90
Main Account - Main Checking Account Totals
Checks Status Count Transaction Amount Reconciled Amount Open 46 $111,128.65 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Stopped 0 $0.00 $0.00
Total 46 $111,128.65 $0.00
EFTs Status Count Transaction Amount Reconciled Amount
Open 59 $300,031.90 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Total 59 $300,031.90 $0.00
All Status Count Transaction Amount Reconciled Amount
Open 105 $411,160.55 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Stopped 0 $0.00 $0.00
user: Vi Tran Pages: 20 of 21 Tuesday, May 30, 2023
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 5/20/2023 - To Payment Date: 5/26/2023 231
CC 06-21-2023
231 of 1675
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
Total 105 $411,160.55 $0.00
Grand Totals:

Checks Status Count Transaction Amount Reconciled Amount Open 46 $111,128.65 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Stopped 0 $0.00 $0.00
Total 46 $111,128.65 $0.00
EFTs Status Count Transaction Amount Reconciled Amount
Open 59 $300,031.90 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Total 59 $300,031.90 $0.00
All Status Count Transaction Amount Reconciled Amount
Open 105 $411,160.55 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Stopped 0 $0.00 $0.00
Total 105 $411,160.55 $0.00
user: Vi Tran Pages: 21 of 21 Tuesday, May 30, 2023
Payment Register
**LIVE** Cupertino **LIVE**
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CITY OF CUPERTINO
Agenda Item
23-12328 Agenda Date: 6/21/2023
Agenda #: 5.

Subject: Consider authorizing the City Manager to execute a Second Amendment to the Professional Services Agreement with Moss Adams, LLP
Authorize the City Manager to execute a Second Amendment to the Professional Services Agreement with Moss Adams, LLP for continued internal auditor services, extending the current contract term by three years to June 30, 2026, and increasing the total contract amount to $500,000 ($100,000 annually)
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CITY COUNCIL STAFF REPORT
Meeting: June 21, 2023
Subject
Consider authorizing the City Manager to execute a Second Amendment to the Professional Services Agreement with Moss Adams, LLP.

Recommended Action
Authorize the City Manager to execute a Second Amendment to the Professional Services Agreement with Moss Adams, LLP for continued internal auditor services, extending the current contract term an additional 3 years to June 30, 2026, and increasing the total contract amount to $500,000 ($100,000 annually).

Reasons for Recommendation
The proposed Second Amendment with Moss Adams, LLP (“Moss Adams”) will provide continued internal auditor services for the City through June 30, 2026. At the May 31, 2023, Audit Committee Special Meeting, the Audit Committee voted unanimously to retain Moss Adams as the City’s internal auditor and forwarded its recommendation to City Council for consideration. The City’s municipal code section 2.88.100 lists the Audit Committee’s Powers and Function and includes “To recommend appointment of auditors”.

Background
On August 23, 2021, following a Request for Proposal process, the City entered into an agreement with Moss Adams to perform internal auditor services for the FY 2021-22 internal audit work plan. On June 1, 2022, a First Amendment to extend the contract term to June 30, 2023, was executed under the authority of the City Manager per direction from the City Attorney’s Office at that time. The internal audit reports and plans from fiscal year 2021-22 and 2022-23 are located on the City’s website under the Finance Department.

The proposed Second Amendment will continue internal auditor services performed by Moss Adams through FY 2023-24, FY 2024-25, and FY 2025-26. In accordance with industry standard best practices from the Government Finance Officers Association (GFOA), retaining internal auditors are recommended for a minimum of five years.

Initially the City only pursued a shorter-term agreement as this was a new service and it was uncertain if the City would continue with these audit services. 234
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The FY 2023-24 internal audit work plan is tentatively scheduled to be reviewed by the Audit Committee in July 2023 and for City Council’s consideration in September 2023. If a potential project identified by Moss Adams, the Audit Committee, or City Council is not included in the FY 2023-24 internal audit work plan, it will be considered for inclusion as part of the FY 2024-25 internal audit work plan. If the FY 2023-24 internal audit work plan is approved by City Council, the recommended audits would be completed by Moss Adams, and the audit reports would be presented to Audit Committee for review and City Council for acceptance at the standard reporting periods.

The adopted FY 2023-24 Budget includes $80,000 for internal audit services, which is less than the forecasted annual contract amount of up to $100,000 in the proposed second amendment. This reduction was made to meet the 20% budget reductions in contract services. The City Council will have the discretion to increase the budget during the September meeting to accommodate a more robust audit work plan.

Sustainability Impact
No sustainability impact.

Fiscal Impact
Funds for this agreement are included in Administrative Services, Finance Division budget, 100-41-405 700-702, Fiscal Year 2023-24 Adopted Budget.

Fiscal Year Amount
FY 2023-24 100,000
FY 2024-25 100,000
FY 2025-26 100,000
Total $300,000
California Environmental Quality Act
Not applicable.
_____________________________________
Prepared by: Jonathan Orozco, Finance Manager
Reviewed by: Kristina Alfaro, Director of Administrative Services Approved for Submission by: Pamela Wu, City Manager
Attachments:

A – Moss Adams, LLP Agreement
B – Moss Adams, LLP First Amendment
C – Draft Second Amendment
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1 SECOND AMENDMENT TO AGREEMENT 299

BETWEEN THE CITY OF CUPERTINO AND MOSS

ADAMS FOR CONSULTING SERVICES AGREEMENT

FOR INTERNAL AUDIT SERVICES
This Second Amendment to Agreement 299 between the City of Cupertino and MOSS ADAMS is by and between the CITY OF CUPERTINO, a municipal corporation (hereinafter "City") and MOSS ADAMS, a Limited Liability Company (“Contractor”) whose address is 999 THIRD AVENUE SUITE 2800, SEATTLE, WA 98104, and is made with reference to the following:

RECITALS:

A. On August 23, 2021 Agreement 299 (“Agreement”) was entered into by and between City and Contractor for Internal Audit Services.

B. On June 1, 2022 The City and the Contractor entered into a First Amendment for Internal Audit Services (“First Amendment”) effective June 30, 2022 with a term expiring on June 30, 2023;
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. Paragraph #3 of the Agreement is modified to read as follows: TIME OF PERFORMANCE Section 3.1 of the Agreement is modified as follows: This Agreement begins on the Effective Date and ends on June 30, 2026 (“Contract Time”), unless terminated earlier as provided herein. Contractor’s Services shall begin on the effective date and shall be completed by June 30, 2026. At the end of the term, the City shall have options to extend the term on a year-toyear basis up to an additional two (2) years. The City shall exercise each one-year option by providing written notice to the Contractor at least thirty (30) days prior to the expiration of the applicable term. Upon exercise of the option, the parties will amend section 4.1 to reflect the increase in the contract compensation, if applicable. The City’s appropriate department head or the City Manager may extend the Contract Time through a written amendment to this Agreement, provided such extensions does not include additional contract funds. Extensions requiring additional contract funds are subject to the City’s purchasing policy.

2. Paragraph #4 of the Agreement is modified to read as follows: COMPENSATION Section 4.1 of the Agreement is modified 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 $100,000 annually (“Contract Price”), for a total not to exceed contract amount of $500,000 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 279
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2 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.

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

CITY OF CUPERTINO
By
Title
Date

APPROVED AS TO FORM
City Attorney
ATTEST:

City Clerk
Date

MOSS ADAMS
By
Title
Date
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CITY OF CUPERTINO
Agenda Item
23-12348 Agenda Date: 6/21/2023
Agenda #: 6.

Subject: Consider authorizing the City Manager to execute a Professional Services Agreement with The Pun Group, LLP for professional auditing services

1. Award a Professional Services Agreement for auditing services from June 2023 through June 2025 in a total not to exceed contract amount of $420,859, with an option to extend the contract for two additional years in the amount of $316,813 for a total contract amount of $737,672, to The Pun Group, LLP;

2. Authorize the City Manager to execute a Professional Services Agreement with The Pun Group, LLP, when all conditions have been met; and

3. Authorize the City Manager to extend the contract for up to two years CITY OF CUPERTINO Page 1 of 1 Printed on 6/14/2023
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CITY COUNCIL STAFF REPORT
Meeting: June 21, 2023
Subject
Consider authorizing the City Manager to execute a Professional Services Agreement with The Pun Group, LLP for professional auditing services.

Recommended Action

1. Award a Professional Services Agreement for auditing services from June 2023 through June 2025 in a total not to exceed contract amount of $420,859, with an option to extend the contract for two additional years in the amount of $316,813 for a total contract amount of $737,672, to The Pun Group, LLP;

2. Authorize the City Manager to execute a Professional Services Agreement with The Pun Group, LLP, when all conditions have been met; and

3. Authorize the City Manager to extend the contract for up to two years.

Reasons for Recommendation
At the May 31, 2023, Audit Committee Special Meeting, the Audit Committee accepted External Auditor Selection Subcommittee’s recommendation to award The Pun Group, LLP a professional auditing services contract and forward to City Council for approval.

The City’s municipal code section 2.88.100 lists the Audit Committee’s Powers and Function and includes “To recommend appointment of auditors.” Background
The City and Crowe, LLP, the City’s previous auditors, recently completed a five-year professional auditing services contract with an additional one-year extension, spanning fiscal years 2016-17 to 2021-22. Government Code section 12410.6(b) requires audit partners, individuals responsible for the audit engagement and its performance, to rotate in a six-year cycle; providing a “fresh look” by a newly involved partner might turn up financial reporting issues that the prior partner had ignored or missed. Although the cycle rotation does not require changing audit firms, some experts argue that changing firms allows for an auditor’s advice to remain unbiased; enhanced independence, objectivity, and professional skepticism; and an opportunity to tailor new engagements based on the client's changing needs.
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Following industry best practices, the City prepared a Request for Proposal (RFP) for Auditor Services. The City established the External Auditor Selection Subcommittee (Subcommittee), comprised of the two Audit Committee Members and City staff, to evaluate proposals and firms. On February 3, 2023, the RFP was distributed and posted on the City’s Business Opportunities website.

As a result of the RFP, City staff received seven proposals by the March 3 submittal deadline. The seven proposals were received from the following firms:
 Badawi & Associates
 Crowe, LLP
 Eide Bailly, LLP
 Macias, Gini, and O’Connell, LLP
 Maze and Associates
 Moss, Levy & Hartzheim, LLP
 The Pun Group, LLP
The Subcommittee evaluated the proposals for technical qualifications (expertise, experience, and audit approach), using a point formula to score each proposal against the criteria outlined in the RFP. The Subcommittee agreed to interview the top three firms:

Crowe, LLP; Maze and Associates; and The Pun Group, LLP (“Pun Group”). Interviews were conducted the week of May 8.

Firm Selection
Considering the proposal evaluations and interviews, the Subcommittee recommends awarding the professional auditing services contract to The Pun Group. While the top three firms offer well-qualified services, the recommendation gives heavy weight to receive a fresh look at the City’s financial reports and processes. Additional factors considered with the recommendation of The Pun Group include the use of artificial intelligence to enhance (not as a replacement for) sample selection and a workflow management software solution that will allow City staff to easily track the progress of each audit.

The Pun Group has a solid track record in providing services to local municipalities and provided a highly qualified engagement team to provide the City with the required governmental auditing experience and technical capabilities to successfully complete timely and accurate audits and reports.

Sustainability Impact
No sustainability impact.
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Fiscal Impact
Funds for this agreement include Professional Auditing Services for Fiscal Years 2022-23 through 2024-25, with two optional one-year extensions.

Fiscal Year Amount
FY 2022-23 133,500
FY 2023-24 140,175
FY 2024-25 147,184
Total $420,859
Fiscal Year (Optional) Amount
FY 2025-26 154,543
FY 2026-27 162,270
Grand Total Five Years $737,672
California Environmental Quality Act
Not applicable.
_____________________________________
Prepared by: Jonathan Orozco, Finance Manager
Reviewed by: Kristina Alfaro, Administrative Services Director Approved for Submission by: Pamela Wu, City Manager
Attachments:

A – Draft Agreement
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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 The Pun Group, LLP (“Contractor”), a Limited Liability Company - Partnership for Professional External Auditing 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, 2026 (“Contract Time”), unless terminated earlier as provided herein. Contractor’s Services shall begin on the effective date and shall be completed by June 30, 2026. 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 $420,859.00 (“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 for final and complete payment of costs and pending 286
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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 the Agreement.

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 theCity.

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 remit 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. 287
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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 ofCity.

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 288
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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 action, 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 the Services; (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.

11.3 Contractor’s duties under this section are not limited to the Contract Price, workers’ compensation payments, or the insurance or bond amounts required in the Agreement. Nothingin 289
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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 othertransaction.

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. 290
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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
City Project Manager. The City assigns Kristina Alfaro 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 Kenneth Pun 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 291
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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 292
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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: Kristina Alfaro
Email: [email protected]
To Contractor:

The Pun Group, LLP
200 E. Sandpointe Ave., Suite 600
Santa Ana, CA 92707
Attention: Kenneth Pun
Email: [email protected]

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.
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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
APPROVED AS TO FORM:

CHRISTOPHER D. JENSEN
Cupertino City Attorney
ATTEST:

KIRSTEN SQUARCIA
City Clerk
Date
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CITY OF CUPERTINO
Agenda Item
23-12310 Agenda Date: 6/21/2023
Agenda #: 7.

Subject: Consider To Be Determined list (“TBD List”) of agenda items requested by City Councilmembers Review the TBD List and modify the list as recommended below CITY OF CUPERTINO Page 1 of 1 Printed on 6/14/2023
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1 CITY COUNCIL STAFF REPORT
Meeting: June 21, 2023
Subject
Consider list of agenda items requested by City Councilmembers (“TBD List”).

Recommended Action
Review the TBD list and modify the list as recommended below.

Reasons for Recommendation
The City Manager has maintained a list of items identified for future City Council agendas as requested by Councilmembers. Some items on the list can be removed if they are complete, tracked elsewhere, or outdated. The most current TBD list with status recommendations is as follows:
#
When TBD Item
was added by
whom
Subject Recommendation
1 Moore and Chao
added 4/4/23
Study session to review the past partnership
history with the Chamber of Commerce and
discuss future partnership options, invite
Chamber representatives to provide a
presentation on functions and services, and
discuss support options for the entire
business community
Recommend removing
as City Council
approved an agreement
with the Chamber of
Commerce at the June 6
City Council Meeting.
2 Moore and Chao
added 3/23/23
Consider submitting a letter in opposition to,
or otherwise regarding, Senate Bill (“SB”) 423:

Streamlined Housing Approvals: Multifamily
Housing Developments: SB 35 Expansion
The City is currently
tracking this bill. This
item will be considered
later this year
(December).
3 Moore and Chao
added 6/6/23
Consider submitting a letter in opposition to,
or otherwise regarding, Senate Bill (“SB”) 403:

Discrimination on the basis of caste
The City is currently
tracking this bill. This
item will be considered
later this year
(December).
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2 4 Originated as CIP
discussion with
heavy public
interests
Consider an update on Fiscal Year 2021-22
City Work Program (CWP) item regarding
the Blackberry Farm Golf Course Needs
Assessment
Item was removed from
CWP and placed on
CIP. Update on this
item is scheduled for
October 2023.
5 Added by staff on
5/4/22
Consideration of Municipal Code
Amendments to the Cupertino Municipal
Code, Chapter 9.22, expanding existing
property maintenance requirements in
accordance with California Health and Safety
Code 17970.5. The City is being required to
respond and address substandard housing
complaints by the State of California through
the approval of AB-838, which was signed
into law on September 28, 2021, and is set to
take effect July 1, 2022. The amendments to
the Cupertino Municipal Code would
provide staff the proper authorities to carry
out these duties and allow the City to comply
with the new mandates.

This will be brought to
Council Fall 2023.
6 Moore and Chao
added 3/21/23
Policy for admonition and censorship for
commissioners
This will be addressed
in the Commissioners
Handbook Update in
November 2023.
7 Moore and Chao
added 3/23/23
Expanding noticing requirement from 300-ft
to 500-ft. Qualification for 500-ft noticing
requirement was not specified.

Awaiting Council
direction.
8 Mayor Wei added
4/4/23
Update from the Economic Development
Manager prior to conducting a study session
regarding the Chamber of Commerce
Recommend removing
as this information was
provided in October
2022.
9 Pulled and
continued by
Moore and Chao
5/16/23
Receive the FY 2021-22 Annual
Comprehensive Financial Report (ACFR) and
related supplemental reports (Continued
from June 6, 2023)
This item was included
as an info memo at the
May 16 City Council
(CC) meeting. Moore
and Chao requested to
discuss this at the June
6 CC meeting. Item was
pulled from consent on
June 6 but was not
heard. Coming back
June 21.
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3 10 Moore and Chao
added 4/10/23
Update from Cupertino Sanitary District Recommend bringing to Council in Fall 2023.
11 Moore and Chao
added 5/26/23
DOLA Status Update This update will be
included in the Q4 City
Work Program item
coming to Council on
July 18.
12 Moore and Chao
added 4/13/23
Revisit the FY 2023-25 City Work Program
(CWP)

1. New Work Program items proposed for
FY 23-24

2. Work Program still underway and cost to
complete Status on current work
program items were presented as part of
the third quarter info memo

3. Work Program items approved in the
Budget and not yet begun (to evaluate for
elimination)
Capital Improvement Projects (CIP)

4. CIP items still underway with an
explanation if they are past design and
into construction, or just in design, to
evaluate for elimination, stoppage, or
fund to completion
a. Tamien Trail, for example, may not
get funding to complete, may need
Public-Private-Partnership (P3) to
complete
b. Lawrence-Mitty is funded to
completion, continues (as an example)
c. Jollyman All-Inclusive playground
has various grants, continues (with
added funds, for example)

5. CIP items planned to begin, to evaluate
for elimination
Special Projects

6. Suggest Special Projects not completed at
the end of the Fiscal Year they were
introduced in should have been
eliminated and only be returned to the
next FY by the request of the department.

Recommend removing
as this information was
provided during the
proposed budget
process and in the Q3
CWP update presented
at the 5/16 City Council
meeting.

Recommend removing
as this information was
provided in the Third
Quarter Financial
Report at the 5/16 City
Council meeting and at
the Budget study
session on 5/17.

Recommend removing
as staff has provided
quarterly updates on
special projects since
the beginning of this
fiscal year and were
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4 That being said, Special Projects could be
considered for removal from the Special
Projects designation and would be in the
budget as regular item details by
department. Painting a building, for
example, should be within building
maintenance and not a Special Project.

The Department would decide the
scheduling. The McClellan AR project, no
offense, should have been suggested to
Council, and not as a Special Project
without deliberation especially when we
are not looking at dropping a lowerpriced Shakespeare event. Staff needs to figure Special Projects out.
a. Cut all Special projects and move
them to regular projects if they are to
continue?
b. Departments list Special projects as
regular projects?
Grants

7. Grants: accounting for grants proposed in
the Budget with a recommendation to
align the amount with peer cities in
similar financial condition (the CDTFA
condition). If this means stop grants, then
suggest it.

Waivers

8. Festival Fee Waivers
a. Festival fee waivers to be listed with cost
breakdown and recommendation to
reduce costs to the City
b. Facility use waivers to be listed with cost
breakdown and recommendation to
reduce costs to the City. This is for
transparency to the public.
i. Sister Cities facility use waivers per
Sister City Policy 2018

1. Sister Cities Budget item under
City Council, Budget Unit 100-10-
110
further discussed
during the budget
process.

Recommend removing
as an overview of grant
activity was presented
at the third quarter
budget update at the
May 16th City Council
meeting.

Recommend removing
as festival fee waiver
info was presented at
the May 17th City
Council Budget Study
Session.

Recommend removing
as information on Sister
City fee waivers and
expenses were
presented at the June 6
City Council meeting.
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5 ii. Senior Volunteer Advisory Council
use waivers, staff, materials

1. Bingo, Hidden Treasures,
Appreciation Event
iii. Audubon McClellan lease agreement
iv. Friends of Stevens Creek Trail lease
agreement
v. 4H use agreement
vi. Coffee Society lease agreement and
Covid adjustment
vii. Blue Pheasant lease agreement and
Covid adjustment
viii. Any other space leased or let?
Recommend removing
as:
- Information on Bingo
was presented at the
June 6 City Council
meeting.
- Information on
Hidden Treasures
was included in the
Q3 budget update at
the May 16 City
Council meeting.
- The Volunteer
Appreciation Event
is a City event, not
run by the Senior
Advisory Council.

No facility waivers
provided.

No facility waivers
provided.

Fees are waived for
monthly meetings at
Cupertino Facilities as
described in the 4H
Lease agreement. No
information on cost
breakdown has been
provided.

No facility waivers
provided.

No facility waivers
provided.
10455 Torre Ave has no
facility waivers
provided.
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6 c. Cultural Events - which Cultural events
are either waived and provided by an
outside entity or contracted by the City?
Neighborhood Events

9. Cost Breakdown of Neighborhood Events
Library

10. Cost of adding hours and contract for
Budget Unit 100-60-636. Should Cupertino
fund this exclusively? $600,266 in the
Budget for FY 22-23.

Recommend removing
as staff presented a
table with this
information at the May
17th City Council
Budget Study Session.

Recommend removing
as cost breakdown of
Neighborhood Events
can be found in the
proposed budget on p.
380.

Recommend removing
as this information was
presented at the June 6
City Council meeting.

Sustainability Impact
No sustainability impact.

Fiscal Impact
No fiscal impact.

California Environmental Quality Act
Not applicable.
_____________________________________
Prepared by: Astrid Robles, Management Analyst
Reviewed by: Tina Kapoor, Deputy City Manager
Matt Morley, Assistant City Manager
Chris Jensen, City Attorney
Approved for Submission by: Pamela Wu, City Manager
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CITY OF CUPERTINO
Agenda Item
23-12404 Agenda Date: 6/21/2023
Agenda #: 8.

Subject: Consider approval of the May 16 City Council minutes (Continued from June 6, 2023) 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 Cityʹs Investment Policy Recommended Action: Adopt Resolution No. 23‐054 accepting the Cityʹs 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 Con‐ Quest 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: ʺAn 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.ʺ Recommended Action: Conduct the first reading of Ordinance No. 23‐2248: ʺAn 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.ʺ
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 307
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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: ʺAn 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 Managerʹs Third Quarter Financial Report for Fiscal Year 2022‐23
Recommended Action: 1. Receive the City Managerʹs 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 forthis item included a supplementalreport with staffresponses 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 Hallremodel/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 Managerʹs 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 Treasurerʹs Investment Report for March and April 2023 Recommended Action: Receive the Monthly Treasurerʹs Investment Report for March and April 2023
The Monthly Treasurerʹs Investment Report for March and April 2023 was provided as part of the published agenda.
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18. Subject: Receive the Monthly Treasurerʹs Report for March 2023 Recommended Action: Receive the Monthly Treasurerʹs Report for March 2023 The Monthly Treasurerʹs Report for March 2023 was provided as part of the published agenda.

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

20. Subject: Receive the Treasurerʹs Investment Report for the Quarter Ending March 31, 2023
Recommended Action: Receive the Treasurerʹs Investment Report for the Quarter Ending March 31, 2023
The Treasurerʹs 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
23-12405 Agenda Date: 6/21/2023
Agenda #: 9.

Subject: Receive the FY 2021-22 Annual Comprehensive Financial Report (ACFR) and related supplemental reports (Continued from June 6, 2023)
Receive the FY 2021-22 Annual Comprehensive Financial Report (ACFR) and related supplemental reports
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CITY COUNCIL STAFF REPORT
Meeting: June 6, 2023
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.

Discussion
The City of Cupertino’s external auditor, Crowe LLP, audited the City’s accompanying financial statements as of and for the year ended June 30, 2022. During the audit, procedures were performed to obtain audit evidence regarding amounts and disclosures in the financial statements. The procedures selected depend on the auditor’s judgment, including the assessment of the risks of material misstatement of the financial statement, whether due to fraud or error. In making those risk assessments, the auditor considers internal control relevant to the entity’s preparation and fair presentation of the financial statements in order to design appropriate audit procedures. Audit procedures are not designed to express an opinion on the effectiveness of the entity’s internal control.

Crowe LLP expressed an unmodified (or clean) opinion, stating “the financial statements referred to above present fairly, in all material respects, the respective financial position of the governmental activities, the business-type activities, each major fund, and the aggregate remaining fund information of the City, as of June 30, 2022, and the respective changes in financial position and, where applicable, cash flows thereof and the respective budgetary comparison for the General Fund, the Transportation Special Revenue Fund, and the Housing Development Special Revenue Fund for the year then ended in accordance with accounting principles generally accepted in the United States of America” (see FY 2021-22 ACFR, page 1).

Crowe LLP also issued an Independent Auditor’s Report on Internal Control Over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards (GAGAS Report). The purpose of this report is solely to describe the scope of the auditor’s testing 313
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of internal control over financial reporting and the results of that testing, and not to provide an opinion on the effectiveness of the entity’s internal control or on compliance.

The report disclosed no instances of noncompliance or other matters required to be reported under Government Auditing Standard.

The City of Cupertino engaged Crowe LLP to perform an Agreed-Upon-Procedures (AUP) on the City’s Appropriations Limit Worksheet related to the City’s compliance with Section 1.5 of Article XIIIB of the California Constitution during the period ending June 30, 2022. City Council adopted Resolution 21-054, establishing an Appropriations Limit of $114,666,491 for FY 2021-22; no exceptions were noted.

The City of Cupertino engaged Crowe LLP to perform an AUP on the 2019 Clean Water and Storm Protection Fee for the City of Cupertino; no exceptions were noted.

The City of Cupertino engaged Crowe LLP to perform an AUP on the City’s investment policy dated May 2021; exception was noted relating to nominal variances in the March 2022 investment report between the investment and custodial reports. The City's investment manager, Chandler Asset Management, and its custodian, Wells Fargo, have reported different values for the same bonds. The differences are due to a combination of factors, including rounding, timing, and the use of different bond pricing data providers.

While the values are similar, the difference can occur because each data provider may employ different methodologies and sources for pricing the bonds.

Lastly, the City of Cupertino engaged Crowe LLP to perform a Single Audit on the City’s federally funded program, COVID-19 – American Rescue Plan Act of 2021, in accordance with GAAS, Government Auditing Standards, and requirements under Title 2 U.S. Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. Crowe LLP expressed an unmodified opinion, noting a reporting compliance deficiency; management has implemented controls mitigating the deficiency.

Sustainability Impact
No sustainability impact.

Fiscal Impact
No fiscal impact.
_____________________________________
Prepared by: Jonathan Orozco, Finance Manager
Reviewed by: Kristina Alfaro, Director of Administrative Services Approved for Submission by: Pamela Wu, City Manager
Attachments:

A – FY 2021-22 ACFR
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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
I – ACFR Supplemental Staff Report from 6.6.23 Council Meeting 315
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FISCAL YEAR
2021 - 2022
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1. To the Honorable Mayor and City Council
City of Cupertino, California
In planning and performing our audit of the financial statements of City of Cupertino, California (“City”) as of and for the year ended June 30, 2022, in accordance with auditing standards generally accepted in the United States of America and Government Auditing Standards, we considered the City’s internal control over financial reporting (“internal control”) as a basis for designing our auditing procedures for the purpose of expressing our opinion on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the City’s internal control. Accordingly, we do not express an opinion on the effectiveness of the City’s internal control.

Our consideration of internal control was for the limited purpose described in the preceding paragraph and was not designed to identify all deficiencies in internal control that might be significant deficiencies or material weaknesses and therefore, there can be no assurance that all deficiencies, significant deficiencies, or material weaknesses have been identified. However, as discussed below, we identified certain matters that we wish to communicate to you. Matters communicated in this letter are classified as follows:
x Deficiency – A control deficiency exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent or detect and correct misstatements on a timely basis.
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2. The purpose of this letter is solely to describe the scope of our testing of internal control over financial reporting and compliance, and the results of that testing, and not to provide an opinion on the effectiveness of the City’s internal control over financial reporting or on compliance. This letter is an integral part of an audit performed in accordance with Government Auditing Standards in considering the City’s internal control over financial reporting and compliance. Accordingly, this letter is not suitable for any other purpose.

Crowe LLP
Costa Mesa, California
March 31, 2023
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2. Report on Compliance and Other Matters
As part of obtaining reasonable assurance about whether the City’s financial statements are free from material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the financial statements. However, providing an opinion on compliance with those provisions was not an objective of our audit, and accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards.

Purpose of this Report
The purpose of this report is solely to describe the scope of our testing of internal control and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the entity’s internal control or on compliance. This report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the entity’s internal control and compliance. Accordingly, this communication is not suitable for any other purpose.

Crowe LLP
Costa Mesa, California
March 31, 2023
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5. A significant deficiency in internal control over compliance is a deficiency, or a combination of deficiencies, in internal control over compliance with a type of compliance requirement of a federal program that is less severe than a material weakness in internal control over compliance, yet important enough to merit attention by those charged with governance.

Our audit was not designed for the purpose of expressing an opinion on the effectiveness of internal control over compliance. Accordingly, no such opinion is expressed.

Government Auditing Standards requires the auditor to perform limited procedures on the City’s response to the internal control over compliance findings identified in our audit described in the accompanying schedule of findings and questioned costs. The City’s response was not subjected to the other auditing procedures applied in the audit of compliance and, accordingly, we express no opinion on the response.

The City is responsible for preparing a corrective action plan to address each audit finding included in our auditor's report. The City's corrective action plan was not subjected to the auditing procedures applied in the audit of compliance and, accordingly, we express no opinion on it.

The purpose of this report on internal control over compliance is solely to describe the scope of our testing of internal control over compliance and the results of that testing based on the requirements of the Uniform Guidance. Accordingly, this report is not suitable for any other purpose.

Report on Schedule of Expenditures of Federal Awards Required by the Uniform Guidance We have audited the financial statements of the governmental activities, the business-type activities, each major fund, and the aggregate remaining fund information as of and for the year ended June 30, 2022, and the related notes to the financial statements, which collectively comprise the City’s basic financial statements. We issued our report thereon dated March 31, 2023, which contained unmodified opinions on those financial statements. Our audit was conducted for the purpose of forming opinions on the financial statements that collectively comprise the basic financial statements. The accompanying schedule of expenditures of federal awards is presented for purposes of additional analysis as required by the Uniform Guidance and is not a required part of the basic financial statements. Such information is the responsibility of management and was derived from and relates directly to the underlying accounting and other records used to prepare the basic financial statements. The information has been subjected to the auditing procedures applied in the audit of the financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the basic financial statements or to the basic financial statements themselves, and other additional procedures in accordance with auditing standards generally accepted in the United States of America. In our opinion, the schedule of expenditures of federal awards is fairly stated in all material respects in relation to the basic financial statements as a whole.

Crowe LLP
Costa Mesa, California
March 31, 2023
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INDEPENDENT ACCOUNTANT’S REPORT ON APPLYING AGREED-UPON PROCEDURES To the Honorable Mayor and City Council
City of Cupertino, California
10300 Torre Avenue
Cupertino, California 95014-3202
Ladies and Gentlemen:

We have performed the procedures enumerated in Appendix A on the Appropriations Limit Worksheet (“Worksheet”) of the City of Cupertino, California (the “City”), related to the City’s compliance with Section

1.5 of Article XIIIB of the California Constitution during the period ending June 30, 2022. The City’s management is responsible for the Worksheet.

The City has agreed to and acknowledged that the procedures performed are appropriate to meet the intended purpose of assisting users in understanding the Worksheet. We make no representation regarding the appropriateness of the procedures either for the purpose for which this report has been requested or for any other purpose. This report may not be suitable for any other purpose. The procedures performed may not address all the items of interest to a user of this report and may not meet the needs of all users of this report and, as such, users are responsible for determining whether the procedures performed are appropriate for their purposes. An agreed-upon procedures engagement involves performing specific procedures that the engaging party has agreed to and acknowledged to be appropriate for the intended purpose of the engagement and reporting on findings based on the procedures performed.

The procedures and the associated findings are contained in Appendix A.

We were engaged by the City to perform this agreed-upon procedures engagement and conducted our engagement in accordance with attestation standards established by the American Institute of Certified Public Accountants. We were not engaged to and did not conduct an examination or review, the objective of which would be the expression of an opinion or conclusion, respectively, on the Worksheet. Accordingly, we do not express such an opinion or conclusion. Had we performed additional procedures, other matters might have come to our attention that would have been reported to you.

We are required to be independent of the City and to meet our other ethical responsibilities, in accordance with the relevant ethical requirements related to our agreed-upon procedures engagement.

This report is intended solely for the information and use of the Honorable Mayor and the City Council and is not intended to be and should not be used by anyone other than these specified parties.

Crowe LLP
Costa Mesa, California
March 31, 2023
367
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INDEPENDENT ACCOUNTANT’S REPORT ON APPLYING AGREED-UPON PROCEDURES To the Honorable Mayor and City Council
City of Cupertino, California
10300 Torre Avenue
Cupertino, California 95014-3202
Ladies and Gentlemen:

We have performed the procedures enumerated in Appendix A on the Investment Policy of the City of Cupertino, California (the “City”). The City’s management is responsible for the Investment Policy.

The City has agreed to and acknowledged that the procedures performed are appropriate to meet the intended purpose of assisting users in understanding the Investment Policy. We make no representation regarding the appropriateness of the procedures either for the purpose for which this report has been requested or for any other purpose. This report may not be suitable for any other purpose. The procedures performed may not address all the items of interest to a user of this report and may not meet the needs of all users of this report and, as such, users are responsible for determining whether the procedures performed are appropriate for their purposes. An agreed-upon procedures engagement involves performing specific procedures that the engaging party has agreed to and acknowledged to be appropriate for the intended purpose of the engagement and reporting on findings based on the procedures performed.

The procedures and the associated findings are contained in Appendix A.

We were engaged by the City to perform this agreed-upon procedures engagement and conducted our engagement in accordance with attestation standards established by the American Institute of Certified Public Accountants. We were not engaged to and did not conduct an examination or review, the objective of which would be the expression of an opinion or conclusion, respectively, on the Investment Policy.

Accordingly, we do not express such an opinion or conclusion. Had we performed additional procedures, other matters might have come to our attention that would have been reported to you.

We are required to be independent of the City and to meet our other ethical responsibilities, in accordance with the relevant ethical requirements related to our agreed-upon procedures engagement.

This report is intended solely for the information and use of the City and is not intended to be, and should not be, used by anyone other than the specified party.

Crowe LLP
Costa Mesa, California
March 31, 2023
369
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REPORT OF INDEPENDENT ACCOUNTANTS ON APPLYING AGREED-UPON

PROCEDURES
To the Honorable Mayor and City Council
City of Cupertino, California
10300 Torre Avenue
Cupertino, California 95014-3202
Ladies and Gentlemen:

We have performed the procedures enumerated in Appendix A on the 2019 Clean Water and Storm Protection Fee of the City of Cupertino, California (the “City”). The City’s management is responsible for the 2019 Clean Water and Storm Protection Fee.

The City has agreed to and acknowledged that the procedures performed are appropriate to meet the intended purpose of assisting users in understanding the 2019 Clean Water and Storm Protection Fee. We make no representation regarding the appropriateness of the procedures either for the purpose for which this report has been requested or for any other purpose. This report may not be suitable for any other purpose. The procedures performed may not address all the items of interest to a user of this report and may not meet the needs of all users of this report and, as such, users are responsible for determining whether the procedures performed are appropriate for their purposes. An agreed-upon procedures engagement involves performing specific procedures that the engaging party has agreed to and acknowledged to be appropriate for the intended purpose of the engagement and reporting on findings based on the procedures performed.

The procedures and the associated findings are contained in Appendix A.

We were engaged by the City to perform this agreed-upon procedures engagement and conducted our engagement in accordance with attestation standards established by the American Institute of Certified Public Accountants. We were not engaged to and did not conduct an examination or review, the objective of which would be the expression of an opinion or conclusion, respectively, on the 219 Clean Water and Storm Protection Fee. Accordingly, we do not express such an opinion or conclusion. Had we performed additional procedures, other matters might have come to our attention that would have been reported to you.

We are required to be independent of the City and to meet our other ethical responsibilities, in accordance with the relevant ethical requirements related to our agreed-upon procedures engagement.

This report is intended solely for the information and use of the City and is not intended to be and should not be used by anyone other than these specified parties.

Crowe LLP
Costa Mesa, California
March 31, 2023
372
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CITY COUNCIL STAFF REPORT
Meeting: June 6, 2023
Subject
Responses to Annual Comprehensive Financial Report (ACFR) and related supplemental reports.

Recommended Action
Responses to Annual Comprehensive Financial Report (ACFR) and related supplemental reports.

Background
Staff’s responses to May 16th, 2023, Written Communications and Comments and Questions received from councilmember are shown in italics.

Written Communications
Question 1: “Why do the Expenses for “Law Enforcement” in the ACFR for 2021 and 2022 not match the Proposed Budget Attachment J‐Law Enforcement (5‐17‐2023) expenditures for the same years?” (Page 28 of ACFR vs. Page 8 of the Proposed Budget) (Councilmembers Wei and Chao)
Staff Response: The ACFR is a complex document that reports on the City’s annual results, which are presented using two different statements, Government‐Wide and Fund Financial Statements. The Government‐Wide Statements (pages 24‐26) are reported using the full accrual basis of accounting, factoring for capital assets, long‐term liabilities, and consolidating Internal Revenue Funds and Fiduciary Funds, among others. The Fund Financial Statements (pages 27‐38) are separated into three fund types, Governmental, Propriety, and Fiduciary, where both full accrual and modified accrual basis of accounting are used.  The purpose of the two financial statements are different and must be considered when reviewing the ACFR.

The Law Enforcement program results in the budget to actual comparisons (pages 32‐34) are consistent with the amounts reported in the FY 2023‐24 Proposed Budget. 375
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Oral Communications
Comment/Concern 1: A resident expressed concerns with the third identified IT control deficiency, the creation of a financial systems profile without authorizing supporting documentation or the source of its creation.

Staff Response 1: Managements response to this finding can be found on page 1 of the ACFR’s Management Letter.

Comment/Concern 2: A resident expressed concerns with the mention of stores that closed years ago but continue to be revenue drivers.

Staff Response 2: The ACFR is a look‐back document focusing on a specific fiscal year.  The actual report is completed and published anywhere from 6 to 9 months after fiscal end close.  In addition, although stores may close, their reporting to the City may continue for up to six months to collect taxes due to sales tax revenue being reported in arrears.

Comment/Concern 3: A resident expressed concerns about the Council’s appointment of the Treasurer.

Staff Response 3: Per (CMC 2.48.020(A)(3).), The Director of Administrative Services also shall be appointed Treasurer and also shall act as ex officio Assessor and shall assess and collect all City taxes save and except for those collected by State and County officers for the City.

Comment/Concern 4: A resident expressed concerns about the existence of the Marina Projects on page vi of the ACFR’s Transmittal Letter.

Staff Response 4: The ACFR is a look‐back document focusing on a specific fiscal year. The actual report is completed and published anywhere from 6 to 9 months after fiscal end close. This ACFR is looking at the financials for the City from July 1, 2021‐June 30, 2022. The Marina project changes occurred in December 2022.
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1 CITY COUNCIL STAFF REPORT
SUPPLEMENTAL 1
Meeting: June 6, 2023

Agenda Item #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
Background:

Staff’s responses to questions received from councilmember are shown in italics.

Q1: I think Director Alfaro said that the ACFR for FY 21-22 was delayed because the auditors were unable to get some timely information from the County. For the next audit period (FY 22-23), is it reasonable to expect the final report at least by January 2024? (Vice Mayor Mohan)
Staff response:

When the City adopted the provisions of GASB 75 in 2017, the City elected a measurement date of 6/30/2017. This was because the City had elected to show its PARS trust as a fiduciary fund, following then applicable guidance regarding the presentations of component units. As the PARS trust was audited by other auditors (and still is today) and is substantially all of the accounting activity for that fiduciary fund, that audit report was required to be completed before Crowe could complete its audit of that fiduciary fund, as well as being required for the fiduciary net position calculations by the City’s actuary under GASB 75. That PARS F/S normally wasn’t released until later in the calendar year, so Crowe and the City had to wait for these documents from the outside parties before the City could move to finalize the amounts in the fiduciary fund and Crowe could complete our audit procedures.

With the adoption of GASB 84 in 2021, the City no longer presented the PARS trust as it no longer met the accounting definitions of a fiduciary fund per GASB 84, but the information from 377
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2 the PARS audit was still needed for the City’s actuarial valuation and the auditing of the OPEB’s plan’s fiduciary net position, which is used to calculate the City’s Net OPEB Asset/Liability that is shown on the financial statements (and has been since the adoption of GASB 75). This is why the audit report has not been issued sooner.

Additionally, in 2022 with the City’s adoption of GASB 87 (Leases), the City received the final calculations from its provider in December 2022, which meant that the City had to review the information received, make adoption AJEs (adjusting journal entries) to its general ledger and then provide the final balances to Crowe so that the information could be audited.

Attachments Provided with Original 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
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CITY OF CUPERTINO
Agenda Item
23-12192 Agenda Date: 6/21/2023
Agenda #: 10.

Subject: Consider a proposed mixed-use redevelopment project consisting of 34 residential units and approximately 7,482 square feet of commercial space. Project includes the removal and replacement of 51 development trees and a range of site and landscape improvements. Consider the adoption of a Mitigated Negative Declaration for the project, which includes the following discretionary approvals:

Application Numbers TM-2021-003, ASA-2021-004, DP-2021-002, U-2021-001, TR-2022-006, EA-2022- 005. Applicant(s): Carlson Chan (Prospect Venture LLC); Location: 1655 S. De Anza Blvd., APNs 366- 10-061, -126.

Staff recommends that the City Council adopt the Resolutions (Attachments A-F) to:

1. Adopt Resolution No. 23-075 adopting the Mitigated Negative Declaration (EA-2022-005);

2. Adopt Resolution No. 23-076 approving the Development Permit (DP-2021-002);

3. Adopt Resolution No. 23-077 approving the Architectural and Site Approval Permit (ASA2021-004);

4. Adopt Resolution No. 23-078 approving the Use Permit (U-2021-001);

5. Adopt Resolution No. 23-079 approving the Tentative Map (TM-2021-003); and

6. Adopt Resolution No. 23-080 approving the Tree Removal Permit (TR-2022-006) Presenter: Gian Martire, Senior Planner
CITY OF CUPERTINO Page 1 of 1 Printed on 6/14/2023
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CITY COUNCIL STAFF REPORT
Meeting: June 21, 2023
Subject
Consider a proposed mixed-use redevelopment project consisting of 34 residential units and approximately 7,482 square feet of commercial space. Project includes the removal and replacement of 51 development trees and a range of site and landscape improvements. Consider the adoption of a Mitigated Negative Declaration for the project, which includes the following discretionary approvals: Application Numbers TM-2021- 003, ASA-2021-004, DP-2021-002, U-2021-001, TR-2022-006, EA-2022-005. Applicant(s):

Carlson Chan (Prospect Venture LLC); Location: 1655 S. De Anza Blvd., APNs 366-10- 061, -126.

Recommended Actions
Staff recommends that the City Council adopt the Resolutions (Attachments A-F) to:

1. Adopt the Mitigated Negative Declaration (EA-2022-005);

2. Approve the Development Permit (DP-2021-002);

3. Approve the Architectural and Site Approval Permit (ASA-2021-004);

4. Approve the Use Permit (U-2021-001);

5. Approve the Tentative Map (TM-2021-003)

6. Approve the Tree Removal Permit (TR-2022-006)
Project Data:

General Plan Land Use
Designation
Commercial/Office/Residential (South De Anza Special
Area). Maximum Residential Density – 5 – 15 DU/acre
Conceptual Plan Area South Saratoga-Sunnyvale Road Conceptual Zoning Plan
Zoning Designation P(CG, Res 5-15)
Lot Area 1.68 Acres
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1 Parking required for the Residential units per the Municipal Code is 2.8 spaces per townhome unit and 2 spaces per apartment for a total of 77 spaces. However, Density Bonus law (Govt. Code Section 65915(p)), as well as CMC 19.56.040(C) allows applicants to propose different parking standards built into state law by number of bedrooms per unit, ranging between 1 space for studio/one-bedroom units to 2.5 spaces for units with 4 or more bedrooms. In some cases, developments may also propose 0.5 space per bedroom, if the housing development meets certain standards outlined by state law. The applicant is entitled to a parking reduction under State Density Bonus Law and has provided 68 parking spaces, consistent with state law.

Allowed/Required Proposed
Maximum units 25 34 (35% density bonus)
Height of Structures
Up to 30 feet
Townhomes – 30 feet
Mixed Use Building –
Approximately 38-feet to top
of roof ridge, 52-feet top of
elevator tower.
(Waiver Requested)
Setbacks
Front Average 50 feet from the face
of curb, no less than 35 feet.
35 feet from the face of curb
(Waiver Requested)
Side N/A 10 feet
Western (Rear)
Property Line
 15–20-feet for 1st story
 30 feet for 2nd story
 50 feet for 3rd story
• 15 feet for 1st story
• 30 feet for 2nd story
• 50 feet for 3rd story
Southern (Street side)
Property Line 25 feet from face of curb 25
Slope Line 1:1 1:1
Parking
Residential 77 Spaces 1 68 Spaces
Retail 30 spaces 31 spaces
Total on-site 107 spaces 99 Spaces
Project Consistency with:

General Plan: Requested density bonus waivers for height Zoning: Requested density bonus, parking reduction, and waivers for height and setback
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Background:

Project Description
The project includes the construction of a mixed-use development on a 1.68 gross-acre development area, consisting of two lots, currently occupied by a retail center anchored by Coach House Liquors.

The primary components of the project are listed below. The development plans for the project can be found in Attachment Q.
2  Three residential/commercial buildings:
o Building A, located closest to S. De Anza Blvd, is a three-story building with 23 apartments, and 7,482 square-feet of ground-floor retail/commercial space. o Building B, located on the northwest corner of the property, is a three-story townhome structure with four residences.
o Building C, located closest to Prospect Rd., is a three-story townhome structure with seven residences.
 5,182 square feet of Residential Common Open Space
 1,657 square feet of Commercial Common Open Space
 51 onsite tree replacements for the 51 protected development trees proposed to be removed and/or relocated.
 A vesting tentative map to subdivide the two existing properties into twelve new parcels.

The proposed project scope requires the following development review: a Development Permit, an Architectural and Site Approval Permit, a Use Permit, a Tree Removal, and a Vesting Tentative Map. Based on State Density Bonus Law, the applicant is requesting a density bonus, parking reduction, and density bonus waivers for building height, and front setback.

2 Due to limitations of state law ((Government Code § 65103.5 (SB 1214)), the distribution of copyrighted material associated with the review of development projects is limited. Plans have been emailed under separate cover to allow the Commissioners to review the proposed plans. Commissioners and Councilmembers cannot share plans with outside parties, including community members. The public is able to make an appointment with the Planning Division to view these plans at City Hall. 382
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Site and Location Description
The 1.68-acre project site, commonly
known as the Coach House Center, is
located within the South De Anza
Special Area of the General Plan, at the
southern edge of the City. The nearly
12,000 square-foot leasable area of the
existing commercial center includes, in
addition to the Coach House, a mix of
personal service, restaurant, specialty
food and grocery tenants.

The Coach House Center site is bounded by Prospect Road and the City of Saratoga to the south, S. De Anza Boulevard and the City of San Jose to the east, offices to the north, and a single-family residential neighborhood to the west. (See Figure 1) The specific adjacent uses are:
 North: a multi-tenant office building, inlcuding the Santa Clara County Sheriff;  West: five single-family residences
 South: a gas station, medical offices, and commercial/office across Prospect Road in the City of Saratoga;
 East (across De Anza Boulevard): a gas station and a variety of commercial uses.

Planning Commission Recommendation
The Planning Commission conducted a public hearing on May 23, 2023, in which they recommended (5-0) that City Council adopt the Mitigated Negative Declaration and adopt resolutions approving the project. The motion to approve included the following modifications to the Mitigated Negative Declaration (EA-2022-005) and the Development Permit (DP-2021-002) resolutions (see Attachments G and H):
 Mitigated Negative Declaration (EA-2022-005), as modified:
 Require the onsite e-bikes to be consistent with the UL 2849 standards;
 Locate secure e-bike storage on the ground-floor and indoors;  Require a Vehicle Miles Traveled (VMT) Monitoring program; and  Ensure bike parking is located in front of the retail shops for improved visibility.
 Development Permit (DP-2021-002) as modified.

Figure 1: Site Location
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 Remove condition 13 that was redundant to Condition 7; and  Amend condition 7 to clarify BMR Unit types and length of BMR restriction, which was included from condition 13
Analysis:

General Plan Compliance
The proposed project consists of a mix of residential and commercial development consistent with the site’s General Plan Land Use Designation of Commercial/Office/Residential. The General Plan designation allows a maximum density of 15 dwelling units per acre, which would allow 25 units for the 1.68-acre site. The proposed number of units, with the State-mandated density bonus, allows an increase of 35% beyond the General Plan maximum, resulting in an allowance of an additional 9 units for a total of 34 units for the site. The project, with the density bonus, proposes 34 units, as permitted by the State Density Bonus Law.

The General Plan’s Community Form Diagram establishes maximum heights and minimum setbacks for development on sites within each of the City’s Special Areas. The proposed development in the South De Anza Special Area has a height limit of 30 feet.

The applicant has requested a density bonus waiver of the height for Building A. The waiver requests are discussed in further detail in the Density Bonus Section of this Staff Report.

Staff has evaluated the project’s consistency with the General Plan and concludes that based on the conformance with the General Plan Land Use designation for the site and the minimal environmental impacts of the project as analyzed in the Mitigated Negative Declaration Addendum (further discussed in detail in the Environmental Review section of this Staff Report), the proposed project supports several of the City’s General Plan goals including:
 Policy LU-1.3: Land Use in All City-wide Mixed-Use Districts - Encourage land uses that support the activity and character of mixed-use districts and economic goals.

The development is in a mixed-use district within the South De Anza Special Area which contemplates residential, commercial, and office uses on these parcels. The proposed project has a density within the allowed General Plan density allowance and maintains 7,482 square-feet of commercial space.
 Policy LU-5.2: Mixed-Use Villages - Where housing is allowed along major corridors or neighborhood commercial areas, development should promote mixeduse villages with active ground-floor uses and public space. The development 384
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should help create an inviting pedestrian environment and activity center that can serve adjoining neighborhoods and businesses.

The proposed development is not designated as a neighborhood center in the General Plan.

However, the development proposal is along S. De Anza Boulevard which is considered in the General Plan as a major corridor/arterial. Based on the “Mixed-Use Urban Village” guidelines in the General Plan, the site planning for the proposed development locates the retail on the ground floor along S. De Anza Blvd., adjoining an open space area for outdoor seating and gathering. Parking is planned in a podium configuration under the apartments, and not visible from the right-of-way. The setbacks from the single-family neighborhood to the west are consistent with those mandated by the South Saratoga-Sunnyvale Road Conceptual Zoning Plan. The design is high-quality, with pedestrian oriented architecture and planning, and places an emphasis on aesthetics, human scale, and creating a sense of place.
 Policy LU-22.6: Building Design - Locate buildings and commercial pads along the street with parking areas to the side and rear. Provide pedestrian scaled elements and active uses including retail, restaurants, and entries along the street. Outdoor plaza and activity areas can be located along the street with sidewalk and street trees to buffer them from through traffic.

In accordance with the “Mixed-Use Urban Village” guidelines in the General Plan, the site planning for the proposed development locates the retail on the ground floor along S. De Anza Blvd., adjoining an open space area for outdoor seating and gathering. Parking is planned in a podium configuration under the apartments, and not visible from the right-ofway. The setbacks from the single-family neighborhood to the west are consistent with those mandated by the South Saratoga-Sunnyvale Road Conceptual Zoning Plan. The design is high-quality, with pedestrian oriented architecture and planning, and places an emphasis on aesthetics, human scale, and creating a sense of place.  Policy LU-22.8: Neighborhood Buffer - Provide building transitions, setbacks and/or landscaping to buffer development from adjoining single-family residential uses.

The setbacks from the single-family neighborhood to the west are consistent with those mandated by the South Saratoga-Sunnyvale Road Conceptual Zoning Plan. The developer is conditioned to maintain as best as possible the existing mature Italian Cypress screening along the westerly property line. Where the shrubs do not exisit, the developer is required to plant screening plantings consistent with the privacy screening required in R1 zones.  HE-1.3.4: Flexible Development Standards - The City recognizes the need to encourage a range of housing options in the community. The City will continue to:
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o Offer flexible residential development standards in planned residential zoning districts, such as smaller lot sizes, lot widths, floor area ratios and setbacks, particularly for higher density and attached housing developments. o Consider granting reductions in off-street parking on a case-by-case basis for senior housing.

The proposed project applied under the Density Bonus Ordinance, CMC 19.56 . This ordinance allows for flexibility in design standards, density, and parking requirements. The applicant has requested waivers for front setbacks and height, as well as an alternative to the parking standards mandated by the Density Bonus Ordinance.  HE-2.3.7: Density Bonus Ordinance - The City will encourage use of density bonuses and incentives, as applicable, for housing developments which include one of the following:
o At least 5 percent of the housing units are restricted to very low-income residents.
o At least 10 percent of the housing units are restricted to lower income residents. o At least 10 percent of the housing units in a for-sale common interest development are restricted to moderate income residents. o The project donates at least one acre of land to the city or county large enough for 40 very low-income units; the land has the appropriate general plan designation, zoning, permits, approvals, and access to public facilities needed for such housing; funding has been identified; and other requirements are met.

A density bonus of up to 20 percent must be granted to projects that contain one of the following:
 The project is a senior citizen housing development (no affordable units required).
 The project is a mobile home park age restricted to senior citizens (no affordable units required). For projects that contain on-site affordable housing, developers may request one to three regulatory concessions, which must result in identifiable cost reductions and be needed to make the housing affordable.

The proposed project applied under the Density Bonus Ordinance, CMC 19.56 . The development proposes 20% of its units (on base density) to be below market rate, which includes 12% of the units as Very Low Income. The applicant has requested waivers for front setbacks and height, as well as an alternative to the parking standards mandated by the Density Bonus Ordinance.
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Project Compliances:

The Cupertino Municipal Code sets forth the findings for approval of the various permits necessary to approve the proposed project. These provide a framework for making decisions and facilitating an orderly analysis of the review of a project. Listed below are the findings for the three permits sought by the applicant that the City must make in rendering a decision on this project.

A. Development Permit & Use Permit (CMC 19.156.040)

1. The proposed development and/or use, at the proposed location, will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare, or convenience; The project is consistent with the land use designations in the General Plan, Zoning Ordinance, and the South Saratoga-Sunnyvale Road Conceptual Zoning Plan. It has been designed to be compatible with and respectful of adjoining land uses, including but not limited to wide setbacks from the single-family residences on the western property line, as well as providing landscaping along the building frontages to help mitigate any massing impacts. Further, the City’s environmental consultant, Place Works, prepared an Initial Study, titled “1655 South De Anza Boulevard Mixed-Use Project Initial Study, October 2022,” which determined that any significant impacts can be reduced to less than significant levels through the inclusion of mitigation measures. Pursuant to this determination, a Mitigated Negative Declaration (MND) was prepared, finding that the City can rely on the adopted Environmental Protection Standards (Chapter 17.04) being applied as Conditions of Approval to minimize any impacts in several areas such as Biological Resources, Cultural Resources, and Noise. The MND further identifies project specific mitigation measures in the areas of Noise and Transportation, to reduce the potential environmental impacts of the project to less than significant levels. Therefore, the project will not be detrimental or injurious to properties or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare, or convenience.

2. The proposed development and/or use will be located and conducted in a manner in accord with the Cupertino Comprehensive General Plan, underlying zoning regulations, and the purpose of this title and complies with the California Environmental Quality Act (CEQA).

The General Plan land use designation for the property is Commercial/Office/Residential.

The proposed use is consistent with the General Plan in terms of use, density and slope line setback. The applicant is requesting waivers for height and setback, as well as an 387
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alternate parking standard as allowed per the Density Bonus Ordinance (CMC 19.56).

The proposed development has met the applicable development standards of the South Saratoga-Sunnyvale Road Conceptual Zoning Plan, including rear setbacks adjacent to single-family residential uses. The City’s environmental consultant, Place Works, prepared an Initial Study titled, “1655 South De Anza Boulevard Mixed-Use Project Initial Study, October 2022,” which determined that any significant impacts can be reduced to less than significant levels. Pursuant to this determination, a Mitigated Negative Declaration (MND) was prepared, finding that the City can rely on the adopted Environmental Protection Standards (Chapter 17.04) being applied as Conditions of Approval to minimize any impacts in several areas such as Biological Resources, Cultural Resources, Noise.. The MND further identifies project specific mitigation measures in the in the areas of Noise and Transportation, to reduce the potential environmental impacts of the project to less than significant levels.

3. The applicant has requested a density bonus. Pursuant to Cupertino Municipal Code Section 19.56.070, before approving an application that includes a request for density bonus, incentive, parking reduction and/or waiver, the decisionmaking body shall make the following findings, as applicable:
a) A finding that the residential project is eligible for the density bonus and any incentives, parking reductions or waivers requested.

The application is for a density bonus project that provides for approximately 20% of its base density as Below Market Rate Housing. Since 12% of the units on-site will be for Very Low Income residents, the project is eligible for a 35% density bonus. b) A finding that any requested incentive will result in identifiable, financially sufficient, and actual cost based on the financial analysis and documentation provided.

No incentives are requested as part of the project, so the finding is not applicable. c) If the density bonus is based all or in part on donation of land, a finding that all requirements included Section 19.56.030C have been met.

The density bonus is not based on the donation of land, so the finding is not applicable. d) If the density bonus is based all or in part on the inclusion of a childcare facility, a finding that all requirements included in Section 19.56.030 (D) have been met.

The density bonus is not based on the inclusion of a childcare facility, so the finding is not applicable.
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e) If the density bonus or incentive is based on a condominium conversion, a finding that all the requirements included in Section 19.56.030 (E) have been met.

The density bonus is not based on a condominium conversion, so the finding is not applicable.
f) If the incentive includes mixed-use development, a finding that all requirements including in Section 19.56.40 (B) (2) have been met.

While the project is a mixed-use development, the density bonus is not based on the mixed-used development as an incentive, so the finding is not applicable. g) If a waiver is requested, a finding that that the development standards for which the waivers are requested would have the effect of physically precluding the construction of the housing development with the density bonus and incentives or concessions permitted.

The development standards for the required minimum front setback, and maximum building height would physically preclude the development. These development standard limitations could affect the project by a loss of up to 12 units, which may include those units designated as BMR.
h) If a reduction in off-street parking standards for an eligible housing development is requested.

Since the development is a density bonus application, the Density Bonus Ordinance, allows a maximum off-street parking standard that can be applied to the housing portion of the development, inclusive of handicapped and guest parking, which this project has met.

4. Since the applicable findings required above can be made, the decision-making body may deny an application for a waiver only if one of the following written findings, as applicable to each type of application, and supported by substantial evidence, can be made:
a) That the incentive or concession, or waiver, would have an adverse impact on real property listed in the California Register of Historic Resources; or There are no affected Historic Resources in the vicinity. b) That the incentive or concession, or waiver would have a specific, adverse impact upon public health or safety or the physical environment, and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact without rendering the residential project unaffordable to low- and 389
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moderate-income households. For the purpose of this subsection, "specific, adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, written public health or safety standards, policies, or conditions as they existed on the date that the application for the residential project was deemed complete; or The City’s environmental consultant, Place Works, completed the Mitigated Negative Declaration titled, “1655 South De Anza Boulevard Mixed-Use Project Initial Study, October 2022,” whether the project would create any significant impacts. The result was that the Mitigated Negative Declaration (MND) finds that the City can rely on the adopted Environmental Protection Standards (Chapter 17.04) being applied as Conditions of Approval to minimize any impacts in several areas such as Biological Resources, Cultural Resources, Noise. The MND further identifies project specific mitigation measures in the following two areas, Noise and Transportation, to reduce the potential environmental impacts of the project to less than significant levels. c) That the incentive or concession, or waiver is contrary to state or federal law.

The requested waivers are not contrary to state or federal law.

B. Architectural and Site Approval Permit (CMC 19.168.030)

1. The proposed development, at the proposed location, will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare, or convenience; The project is consistent with the land use designations in the General Plan, Zoning Ordinance, and the South Saratoga-Sunnyvale Road Conceptual Zoning Plan. It has been designed to be compatible with and respectful of adjoining land uses, including but not limited to wide setbacks from the single-family residences on the western property line, as well as providing landscaping along the building frontages to help mitigate any massing impacts. Further, the City’s environmental consultant, PlaceWorks, prepared an Initial Study titled “1655 South De Anza Boulevard Mixed-Use Project Initial Study, October 2022” which determined that any significant impacts can be reduced to less than significant levels. Pursuant to this determination, a Mitigated Negative Declaration (MND) was prepared finding that the City can rely on the adopted Environmental Protection Standards (Chapter 17.04) being applied as Conditions of Approval to minimize any impacts in several areas such as Biological Resources, Cultural Resources, Noise . The MND further identifies mitigation measures in the following two areas, Noise and Transportation, to reduce the potential environmental impacts of the project to less than significant levels. Therefore, the project will not be detrimental or injurious to 390
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properties or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare, or convenience.

2. The proposed development is consistent with the purposes of this chapter, the General Plan, any specific plan, zoning ordinances, applicable planned development permit, conditional use permits, variances, subdivision maps or other entitlements which regulate the subject property including, but not limited to, adherence to the following specific criteria:
a. Abrupt changes in building scale should be avoided. A gradual transition related to height and bulk should be achieved between new and existing buildings.

The proposed project is the redevelopment of an existing single-story retail building with a new three-story mixed-use apartment and two three-story townhome buildings.

The adjacent office building to the north of the property is of similar height, while the townhomes are designed with the appropriate landscape setback of 15-feet from existing residential properties, with the multi-floor elements setback in accordance with the South Saratoga-Sunnyvale Road Conceptual Zoning Plan. There is also landscaping proposed at the perimeter which will help mask some of the bulk of the proposed buildings.
b. In order to preserve design harmony between new and existing buildings and in order to preserve and enhance property values, the materials, textures and colors of new buildings should harmonize with adjacent development by being consistent or compatible with design and color schemes, and with the future character of the neighborhood and purposes of the zone in which they are situated. The location, height and materials of walls, fencing, hedges and screen planting should harmonize with adjacent development. Unsightly storage areas, utility installations and unsightly elements of parking lots should be concealed. The planting of ground cover or various types of pavements should be used to prevent dust and erosion, and the unnecessary destruction of existing healthy trees should be avoided. Lighting for development should be adequate to meet safety requirements as specified by the engineering and building departments and provide shielding to prevent spill- over light to adjoining property owners.

The design quality of the development is consistent with the high-quality standards specified by the City’s General Plan and Specific Plans and encouraged by City Staff.

The mixed-use building meets the design qualities of contemporary design 391
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development and the architectural style is consistent and harmonious throughout the development. Potentially unsightly uses, such as loading, trash pickup, and parking have been placed within the buildings away from view of neighboring uses. Utility installation has been designed to be screened by landscaping and or incorporated into the building design. The final lighting for the development will be reviewed as part of the review of the project construction documents to ensure that it meets safety requirements while avoiding spill-over light to adjacent properties. The windows are required to be consistent with the City’s bird- safe ordinance as well. c. The number, location, color, size, height, lighting and landscaping of outdoor advertising signs and structures shall minimize traffic hazards and shall positively affect the general appearance of the neighborhood and harmonize with adjacent development.

Signage approval is not included in this application. Any proposed future signage will be required to be consistent with the Zoning Ordinance and all relevant City policies. d. With respect to new projects within existing residential neighborhoods, new development should be designed to protect residents from noise, traffic, light and visually intrusive effects by use of buffering, setbacks, landscaping, walls and other appropriate design measures.

The project abuts an existing single-family residential neighborhood to the west. The townhome buildings, by proximity the closest element of the proposed project, have been designed as required by the South Saratoga-Sunnyvale Road Conceptual Zoning Plan. Further, the existing Italian Cypress trees that separate the project site from the single-family homes immediately to the west are conditioned to be maintained, if possible, to provide privacy protection. The project also proposes additional landscaping designed to enhance the screening between these two adjacent sites, reducing privacy concerns.

C. Tentative Map (CMC 18.16.060)

1. That the proposed subdivision map is consistent with the City of Cupertino General Plan.

The subject property is consistent with the General Plan since the property is permitted to have up to 15 dwelling units an acre and the project qualifies for a density bonus. The proposed development is consistent with the intent of the policies of the General Plan for a high-density, mixed-use development on this site.
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2. That the design and improvements of the proposed subdivision are consistent with the General Plan and specific plans.

The off-site improvements are consistent with the City’s General Plan policies related to pedestrian and bicycle safety by improving Prospect Road, minimizing curb-cuts, and requiring an urban tree canopy within the public right-of-way. The project is also consistent with the General Plan's design requirements, since the project qualifies for waivers for height and front setback.

3. That the site is physically suitable for the type of development.

The proposed tentative map is compatible with the adjoining land uses and no physical constraints are present that would conflict with anticipated land use development. There are no topographical anomalies that differentiate this property from adjacent properties.

The site is located on the valley floor, as well as not listed within any environmentally sensitive zone.

4. That the site is physically suitable for the proposed density of development.

The subject property is physically suitable in size and shape in conformance to development standards and is appropriately configured to accommodate a multi-unit mixed-used development featuring both rental and owner-occupied housing types.

5. That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat.

The design of the subdivision and proposed improvements are not likely to substantially injure fish and wildlife or their habitat because the property is a developed site and located in an urbanized area where residential land use is allowed.

6. That the design of the subdivision or the type of improvements associated therewith are not likely to cause serious public health problems.

The proposed subdivision design and improvements are not likely to cause serious public health problems since. the proposed development is consistent with the intent of the policies of the General Plan for a high-density, mixed-use development on this site, and the on-site and off-site improvements required will improve neighborhood walkability through improved sidewalk construction with size-appropriate driveway cuts and street and private trees planting.
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7. That the design of the subdivision and its associated improvements will not conflict with easements acquired by the public at-large for access through or use of property within the proposed subdivision.

No easement or right-of-way currently exists that would be impeded or conflict with the proposed subdivision.

D. Tree Removal Permit (CMC 14.18.180)
The approval authority shall approve a tree removal permit only after making at least one of the following findings:

1. That the tree or trees are irreversibly diseased, are in danger of falling, can cause potential damage to existing or proposed essential structures, or interferes with private on-site utility services and cannot be controlled or remedied through reasonable relocation or modification of the structure or utility services; Not applicable.

2. That the location of the trees restricts the economic enjoyment of the property by severely limiting the use of property in a manner not typically experienced by owners of similarly zoned and situated property, and the applicant has demonstrated to the satisfaction of the approval authority that there are no reasonable alternatives to preserve the tree(s).

To accommodate for the new development’s structures, walkways and internal street network to public open spaces, the existing trees cannot be preserved in their locations. The applicant proposes replacement trees throughout the site in conformance with the Municipal Code Ordinance requirements and proposes to locate the replacements where tree coverage is needed, while preserving virtually all the trees that are not within the development area of the project site.

3. That the protected tree(s) are a detriment to the subject property and cannot be adequately supported according to good urban forestry practices due to the overplanting or overcrowding of trees on the subject property.

Not applicable.

4. That the mature specimen trees with single trunk between twelve inches DBH and twenty-four inches DBH, or multi-trunk between twenty-four inches DBH and forty-eight inches DBH in R1, A1, A, RHS, and R2 zones will be replaced by planting a replacement tree and/or by contribution to the City’s Tree Fund.

Not applicable.
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Density Bonus and Waiver Requests
The project includes requests for a density bonus, parking reduction, and two waivers - one for height of Building A, and the second for the front landscape setback required along S. De Anza.

Section 19.56.070 of the City’s Density Bonus Ordinance (“Findings") requires that, before approving an application which includes a request for a density bonus, waiver or reduction in parking standards, the decision-making body must determine that the proposal is consistent with State Density Bonus Law by making the following findings, as applicable:

1. That the housing development is eligible for the density bonus requested and any incentives or concessions, waivers or reductions in parking standards requested.

2. That the development standard(s) for which the waiver(s) are requested would have the effect of physically precluding the construction of the housing development with the density bonus and incentives or concessions permitted, if a waiver is not requested.

The City may not deny a waiver of a development standard that would physically preclude the construction of the project as it is designed, unless the waiver or reduction would have a specific, adverse impact upon health or safety, for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact, or would have an adverse impact on any real property that is listed in the California Register of Historical Resources.

Density Bonus
The project is eligible for density bonuses, a parking reduction, and waivers consistent with the City of Cupertino Municipal Code Chapter (CMC) 19.56 Density Bonus and State Density Bonus Law. Table 1, below, provides a breakdown of the housing affordability types proposed and their respective percentage of the development:

3 Percentages are based on the base density of 15 DU/acre or 25 units, as required by the Density Bonus Law and are consistent with the 20% requirement in the City’s BMR Manual. 4 HCD sets the maximum moderate-income limit to equal 120 percent of the county’s AMI, adjusted for family size.

Income Level Below Market Rate Units % of Development Units3 Median Income4 1 unit (20% of affordable units) 4%
Low Income 1 unit (20% of affordable units) 4%
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Table 1: Below Market Rate Units as a Percentage of the Development The project was submitted initially as a preliminary review in January 2020. As such, the development is subject to the 2015 version of the City’s Below Market Rate manual that had a 15% BMR requirement for both rental and ownership projects, resulting in a requirement of 4 BMR units (2 Very Low Income, 1 Low Income and 1 Median Income).

As part of the project, the applicant is currently proposing one additional Very LowIncome unit, for a total of 5 BMR units. Since the project is providing 3 Very Low-Income units, or 12% of the development, it is entitled to a 35% Density Bonus under State Law.

Therefore, 9 market-rate units are allowed in addition to the base residential yield of 25 units, for a total of 34 units.

Please refer to Attachment N for a full description of the Below Market Rate programming of the development. A condition of approval requires that, prior to occupancy of the units, the applicant shall record a regulatory agreement with the City requiring the designated 1 BMR unit to be for sale to median income households and remain affordable for 99 years, with the 4 BMR rental units be rented to low and verylow-income residents for 99 years.

Density Bonus Parking Reduction
While the Municipal Code requires the project to provide 2.8 parking spaces per townhome and 2 parking spaces per apartment, for a total of 77 residential spaces, projects such as this, which are eligible for a state density bonus, are entitled to a reduction of required residential parking.

Under the City’s Density Bonus Ordinance, the maximum off-street parking standards that can be applied to the housing portion of the development, inclusive of handicapped and guest parking, are shown in Table 3, below. These may include tandem and uncovered parking spaces as well. So in accordance with the density bonus, the City may only require the applicant to provide 68 residential parking spaces under the provisions of state law, which is the amount of residential parking proposed by the applicant.

Table 2: Parking Requirements
Building Use
Parking Standards per
Density Bonus Law CMC

19.56.040(C)
# of Units
or S.f.

Required
Spaces
Provided
Spaces
Townhomes Three-bedroom units = 2
onsite spaces/unit 11 22 22
Very Low Income 3 units (60% of affordable units) 12%
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Building Use
Parking Standards per
Density Bonus Law CMC

19.56.040(C)
# of Units
or S.f.

Required
Spaces
Provided
Spaces
Apartments 2–3-bedroom units = 2
spaces/unit 23 46 46
Sub-total 34 68 68
Retail 1 space per 250 s.f. 7,482 s.f. 30 31
Total 98 99
While the residential component of the project meets the criteria established by the Density Bonus Law, and the project, including its commercial area, is thus only required to provide 98 total spaces , the applicant proposes a total of 99 parking spaces,. one additional retail parking space than required.

Waivers Requested
As a density bonus project, the applicant may submit to the City an unlimited number of waivers, or reduction of development standards, that would have the effect of physically precluding the construction of the proposed project if the waivers were not granted (Government Code Section 65915(e)). For the project, the applicant has requested three (3) waivers, as follows:

1. Height: The General Plan’s Community Form Diagram requires that development on the project site be limited to 30 feet. The applicant is requesting a waiver to allow Building A to exceed this height as follows:
o 38 feet at the roofline
o 52 feet at the elevator tower 5

2. Front setback: The South Saratoga-Sunnyvale Road Conceptual Zoning Plan requires a setback from the S. De Anza Boulevard property line that averages 50- feet along the length of the frontage, with no point being less than 35-feet. The applicant is requesting a waiver to allow Building A to have a front setback of 35- feet along the frontage.

As part of the application, the justification of the waivers (height and front setback) was provided by the applicant in a letter, submitted by Brandon Airoli, of Propriis, dated

5 Elevator overruns and other mechanical equipment are typically exempt from the height limits of the General Plan if they are centrally located. However, in this case, since the elevator stops on the roof top to provide access to the proposed roof top common open space for the residents of the apartment building, it is counted as height.
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March 9, 2021 (Attachment M). This letter states that the waivers are necessary for several reasons, including:
 Height Waiver: Limiting the building to 30-feet would only allow a two-story development, removing the third-floor of apartments, resulting in the loss of 12 units. Further, the roof-level is required to provide common open space for the residents of the apartment building.
 Front Setback Waiver: Exhibits indicate that if the front setback requirement was enforced, the Project would lose approximately three units per floor in Building A for an overall combined total loss of at least 6 units, as well as a further reduction in overall parking and retail space.

To approve the waivers, the City must find that the development standards for which the waivers are requested would have the effect of physically precluding the construction of the proposed housing development with the density permitted by State density bonus law. In reviewing the justification letters and exhibits, it is evident that imposing the City’s height and front setback requirements would physically preclude development of Buildings A as proposed.

It should be noted that under State Density Bonus Law, a city may not deny a proposed project based on the theory that another project, with a similar number of units, might be designed differently and accommodated without waivers of development standards.

Compliance with BMR Unit Comparability & Dispersion Requirements The City BMR Manual requires that the BMR Units:
 Shall be comparable to market rate units in terms of unit type, number of bedrooms per unit, quality of exterior appearances and overall quality of construction.  Size should be generally representative of the unit sizes within the market-rate portion of residential project.
 Interior features and finishes in affordable units shall be durable, of good quality and consistent with contemporary standards for new housing.

The Affordable Housing Plan, Attachment N (as well as sheet A.5.1), shows the proposed unit mix within the three buildings by income level, type, location, and size.

The BMR units on average are the same size and bedroom count as the market-rate units.

There is no indication on the plans that the exterior finishes of the BMR units will be any different, or of lesser quality, thanthe market rate units. As such, it is expected that they will be of the same quality; however, as allowed in the BMR manual, the affordable units may have different interior finishes.
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Architecture and Site Design
The project site defers to the development standards of the General Plan, and Planned Development “P” zoning designation. The “P” zoning designation is detailed in Cupertino Municipal Code Chapter 19:80 Planned Development Zones. The “P” zoning designation is intended to provide a means of guiding land development or redevelopment within the city that is uniquely suited for planned coordination of land uses and land development. While in the Planned Development zoning district, development must adhere to Multifamily (R3) zoning regulations, as an alternative, applicants can apply for a discretionary review of the project and propose alternative standards unique to the site. The project has incorporated open space requirements similar to those in the Heart of the City Specific Plan, where much of the multifamily development in the City was anticipated and appropriate development standards were adopted to accommodate such development. The applicant proposes open space within the project as indicated in the following table, which is beyond the requirements of those standards in the Heart of the City Specific Plan:

Table 3 Open Space Requirements
Type Heart of the City Standards Proposed
Common 5,287 sq. ft. (150 sq. ft. per unit, and

2.5% of gross commercial floor area)
6,839 sq. ft.

Private 60 sq. ft./unit and no dimension less
than 6 feet
 Apartments: 73 sq. ft. – 177 sq. ft.
 Townhomes: 665 sq.ft. – 690 sq.ft.

The proposed development is a modern design that incorporates high-quality material, as well as architectural variation that reflects a “Contemporary” style, which includes fine sand finish stucco, vertical siding long board, and metal guardrails. Buildings have been properly sited to address the street, with the mixed-use building oriented towards S. De Anza Boulevard and townhomes oriented towards Prospect Road or the internal drive private street. The development is additionally reducing the number of driveway curb cuts on its frontage along S. De Anza Blvd and Prospect Rd from two to one, enhancing and improving pedestrian and bicycle in the vicinity. Parking for townhomes has been provided with individual, enclosed garage spaces (some tandem), while parking for the mixed-use building has been provided in both surface level and “podium” type configurations. Overall, the applicant has proposed a project that is appropriate to the location and surrounding context of the site.

The S. Saratoga Sunnyvale Plan requires that there be connections between all the properties along S. DeAnza Boulevard between Wildflower Way and Prospect Road, whenever it is practicable and desirable to provide direct access to traffic signals for more 399
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convenient northbound access on S. De Anza Blvd. To implement this policy, a 1984 Use permit for neighboring property to the north required reciprocal ingress/ egress as a condition of approval of that permit with the subject property. With this redevelopment, the City has an opportunity to implement this policy direction and create a driveway connection. Due to concerns from the Sheriff’s office, which currently occupies tenant space in the office building immediately to the north , about creating a connection from a public thoroughfare into the parking lot where the Sheriff’s patrol cars are parked, staff is not recommending that the connection be implemented at this time. However, a condition of approval has been added to this project’s resolutions requiring participation in an ingress/egress easement and creating the physical connection with costs evenly split between the two properties, at such time when the Sheriff is no longer a tenant at the location.

Tree Removal and Replacement
The development proposes to remove and replace 51 protected development trees, virtually all the trees onsite. Almost all those trees that are impacted are non-native species, particularly the abundant Italian Cypress (36 in total) located along the site’s western portion, and acting as a privacy screen with the single-family homes to the west of the project site.

The applicant proposes to replace the removed trees with 51 trees (36 24-inch box, and 15 36-inch box trees of various species). There have been comments from neighbors about retaining this privacy screening and as a result, a condition has been added to retain these mature Italian Cypresses along the western property line (trees 24 – 36, 38-40, and 41 – 54 on Sheet L6) as they provide ample privacy protection to the rear yards of the adjoining single-family residences.

Use Permit
The project proposal requires a Use Permit to allow the development of residential units on a non-Housing Element site.

The Housing Element of the City of Cupertino’s General Plan: Community Vision 2015 – 2040 does not identify this site as a Priority Housing Site. The General Plan, and CMC Chapter 19.80: Planned Development (P) Zones, provide that a residential development not on a Priority Housing Site shall be a conditional use. The applicant proposes to build the project at the maximum allowable density, which is 15 units per acre or 25 total units 400
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(not counting density bonus units); therefore, the applicant has submitted a Use Permit application.

Vesting Tentative Map
The project is currently two separate parcels. The application for the Vesting Tentative Map (VTM) proposes to subdivide the two separate lots to create twelve parcels. A condition of approval has been added to the VTM that would require dedication of reciprocal easements ensuring cross-access between the newly-created parcels, for emergency vehicles and public. The approval of a vesting tentative map confers a vested right to proceed with development in substantial compliance with the City's ordinances, policies, and standards in effect at the date the City determines the application is complete.

Housing Accountability Act
The Housing Accountability Act (HAA) (Gov. Code, § 65589.5) limits the ability of a city to deny or impose certain conditions on a housing development project when the project complies with applicable, objective general plan, zoning, and subdivision standards and criteria. This project is a “housing development project” under the HAA because it is a mixed-use development consisting of residential and nonresidential uses with at least two-thirds of the square footage designated for residential use.

When a project complies with objective standards, the HAA allows a city to disapprove the project or to impose a condition that the project be developed at a lower density only if the city finds both of the following, supported by a preponderance of the evidence in the record:

1. The project would have a specific, adverse impact upon the public health or safety unless the project is disapproved or approved upon the condition that the project be developed at a lower density; and

2. No feasible method to satisfactorily mitigate or avoid the adverse impact exists.

The project meets all applicable objective zoning, General Plan, and subdivision standards. Based on the record, including the findings in the IS/MND, staff, therefore, does not believe the above findings can be made with respect to the proposed project.

Signage
Signage details are not included in this permit application. Staff will review the signage proposal with the property owner at the time the applicant applies for a sign permit through the Building Division.
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Other Department/Agency Review
The City’s Building Division, Public Works Department, Environmental Services Division, Sheriff’s Department, Cupertino Sanitary District, and the Santa Clara County Fire Department have reviewed and conditioned the project.

Environmental Review
A Draft Initial Study and Mitigated Negative Declaration (IS/MND) has been prepared for the project (See Attachment O). The Mitigated Negative Declaration (MND) finds that the City can rely on the adopted Environmental Protection Standards (Chapter 17.04) being applied as Conditions of Approval to minimize any impacts in several areas such as Biological Resources, Cultural Resources, and Noise . However, the MND identifies mitigation measures in the following two areas, transportation and noise, to reduce the potential environmental impacts of the project to less than significant levels:
 Transportation: To reduce Vehicle Miles Traveled (VMT), the project includes a fair share contribution for bike improvements along Prospect Road, preparation of a School Pool, Bicycle, Car Share Program, and Behavioral Intervention Programs.
 Noise Levels: Construction shall comply with the Noise Ordinance and best management practices for noise mitigation, and ensure mechanical equipment selected meet the City’s noise ordinance.

The mitigation measures are also conditions of approval for this project.

The Notice of Intent (NOI) to adopt a MND was placed in the newspaper. In addition, the NOI was mailed to notify neighbors and interested parties that a Draft MND had been prepared which the City intends to adopt. The 20-day Public Review Period for the Draft MND was between October 14, 2022, and November 2, 2022. Please review the response to comment memo (Attachment P).

The Environmental Review Committee (ERC) heard the item at its October 20, 2022, and after the public hearing, recommended that the City Council adopt a Mitigated Negative Declaration (EA-2022-005) on a 4-0-1 (Wu absent) vote with the identified mitigation measures (Attachment A).

Public Outreach and Noticing
The following table is a summary of the noticing done for this project:

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 Site Signage (10 days prior to the hearing)
 Legal ad placed in newspaper (at least 10 days
prior to the hearing)
 Public hearing notices were mailed to property
owners within 500 feet of the project site (10 days
prior to the hearing)
 Posted on the City’s official
notice bulletin board (one week
prior to the hearing)
 Posted on the City of
Cupertino’s website (one week
prior to the hearing)
The applicant has completed community outreach to residents and property owners.

Public Comment
One member of the public commented to staff at the time this staff report being published. Please refer to Attachment R to read the full comments. The residents are concerned with privacy intrusion from the townhome portion of the development. Staff has added a condition in the proposed tree removal permit resolution that requests that the applicant maintain the mature Italian Cypresses along the westerly property if grading allows.

Fiscal Impacts
The project will most likely generate a renewed source of property tax increases as well as required mitigation fees for park in-lieu and traffic impact fees.

Sustainability Impacts
The proposed project has been reviewed by the City’s Sustainability Division and would be consistent with the overall intent of the City’s Climate Action Plan (CAP) to support reductions in GHG emissions and the proposed project would not conflict any goals or measures to reduce GHG emissions in the CAP.

Conclusion
Staff recommends approval of the project, as proposed, because the project and its conditions of approval support the findings for approval of the proposed project, consistent with Chapters 14.18, 18.28, 19.56, 19.156, and 19.168 of the Cupertino Municipal Code. With respect to the development’s height and front setback, evidence in the record demonstrates that the project meets the standards for granting the waivers under the State Density Bonus Law.
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Next Steps
The City Council’s decision will be final unless reconsidered within 10 days of the decision. If the project is approved, the applicant may apply for building permits at that time.

Prepared by: Gian Paolo Martire, Senior Planner
Reviewed by: Piu Ghosh, Planning Manager
Luke Connolly, Interim Assistant Director of Community Development Approved by: Benjamin Fu, Director of Community Development ATTACHMENTS:

A. Draft Resolution for EA-2022-005
B. Draft Resolution for DP-2021-002
C. Draft Resolution for ASA-2021-004
D. Draft Resolution for U-2021-001
E. Draft Resolution for TM-2021-003
F. Draft Resolution for TR-2022-006
G. Planning Commission Resolution 2023-08
H. Planning Commission Resolution 2023-09
I. Planning Commission Resolution 2023-10
J. Planning Commission Resolution 2023-11
K. Planning Commission Resolution 2023-12
L. Planning Commission Resolution 2023-13
M. Letter from Brandon Airoli, of Propriis dated March 9, 2021 N. BMR Program 1655 S De Anza Blvd Cupertino Project, Brandon Arioli O. 1655 South De Anza Boulevard Mixed-Use Project Initial Study, Final IS/MND, May 2023
P. Response to Comment Memorandum, Dated May 15, 2023
Q. Site Plan and Renderings
R. Public Comment
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1 RESOLUTION NO. ______

A RESOLUTION OF THE CUPERTINO CITY COUNCIL ADOPTING A

MITIGATED NEGATIVE DECLRATION, MITIGATION MEASURES, AND

A MITIGATION MONITORING AND REPORTING PROGRAM FOR A
PROPOSED MIXED-USE DEVELOPMENT WITH 34 RESIDENTIAL UNITS, 7,595 SQ. FT. COMMERCIAL SPACE, AND THE REMOVAL AND
REPLACEMENT OF 51 DEVELOPMENT TREES. LOCATED AT 1655 S. DE ANZA BLVD. (APN: 366-10-061, -126)
______________________________________________________________________________ ___________________________________________________________________ SECTION I: PROJECT DESCRIPTION
Application No.: EA-2022-005
Applicant: Carlson Chan (Prospect Venture LLC)
Property Owner: Prospect Venture, LLC
Location: 1655 S. De Anza Blvd. (APNs 366-10-061, -126) SECTION II: ENVIRONMENTAL REVIEW PROCESS
WHEREAS, the City of Cupertino received an application on June 20, 2021 for a Development Permit, Architectural and Site Approval, Use Permit, Tentative Map, and Tree Removal Permit, to allow the development of a new mixed-use development consisting thirty-four (34) residential units and 7,595 sq. ft. of commercial with associated site and landscaping improvements, and associated environmental review (“Project”); and,
WHEREAS, pursuant to the provisions of the California Environmental Quality Act of 1970 (Public Resources Code Section 21000 et seq.) (“CEQA”) and the State CEQA Guidelines (California Code of Regulations, Title 14, Section 15000 et seq.) ("CEQA Guidelines"), the City prepared an Initial Study and proposed Mitigated Negative Declaration (“Project”); and
WHEREAS, the Project is described in the March 2021 “1655 South De Anza Boulevard Mixed-Use Project Initial Study” (“Draft IS/MND”); and
WHEREAS, on October 14, 2022 the City issued a Notice of Intent to Adopt a Mitigated Negative Declaration; and
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2 WHEREAS, on October 14, 2022, the IS/MND for the project was distributed to responsible agencies and the public for review and comment for a 20-day period that ended November 2, 2022; and
WHEREAS, the IS/MND concluded that significant environmental effects on Noise, and Transportation would be avoided or reduced to less-than-significant levels by mitigation measures (“MM”) identified in the IS/MND; and
WHEREAS, on October 20, 2022, the City of Cupertino’s Environmental Review Committee held a duly noticed public hearing to receive public testimony and reviewed and considered the information contained in the Draft IS/MND, and voted 4-0-1 to recommend that the City Council adopt the Draft IS/MND (EA-2022-005) and mitigation measures; and
WHEREAS, a Response to Comments (RTC) document dated May 15, 2023 was prepared in response to comments received during the public review period, which together with the Draft IS/MND constitute the Final IS/MND; and
WHEREAS, the comments received do not require major revisions to the Draft IS/MND due to new or substantially more severe significant effects on the environment; and WHEREAS, on May 23, 2023, the Planning Commission held a duly noticed public hearing to receive staff’s presentation and public testimony, and to consider the information contained in the Final IS/MND along with all staff reports, other pertinent documents, and all written and oral statements received prior to and at the public hearing, and recommended on a 5-0 vote, based on substantial evidence in the record, that the City Council adopt the Final MND, adopt and incorporate into the Project and implement as conditions of approval all of the mitigation measures for the project that are identified in the Final IS/MND, and adopt the Mitigation Monitoring and Reporting Program for the Project; and
WHEREAS, the City Council has independently reviewed and considered the Final IS/MND together with the comments and the responses to those comments prior to taking action on the Project; and
WHEREAS, the comments received between the Planning Commission meeting and the City Council meeting do not require major revisions to the Final IS/MND due to new or substantially more severe significant effects on the environment; and WHEREAS, on _________, 2023 prior to taking action on the Project, the City Council held a duly noticed public hearing to receive staff’s presentation and public testimony, and to further consider the information contained in the Final IS/MND, along with all staff reports, other pertinent documents, and all written and oral statements received prior to and at the public hearing.
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3 NOW, THEREFORE, BE IT RESOLVED:

That after careful consideration of the Final IS/MND, comments on the Final IS/MND, maps, facts, exhibits, testimony, staff reports, public comments, and other evidence submitted in this matter, the City Council:

1. Finds that the Final IS/MND for the Project has been completed in compliance with CEQA and reflects the independent judgment and analysis of the City.

2. Finds that, on the basis of the whole record before it, there is no substantial evidence that the Project as proposed and mitigated will have a significant effect on the environment.

3. Finds that the text revisions to the Final IS/MND merely clarify, amplify or make insignificant modifications to the Final IS/MND; therefore, recirculation of the Final IS/MND is not required.

4. Adopts the Mitigated Negative Declaration for the Project.

5. Adopts and incorporates into the Project all of the mitigation measures identified in the Final IS/MND. The City Council further makes the mitigation measures, which are listed below, required conditions of approval of the Project to the extent they are within the responsibility and jurisdiction of the City:
a. NOISE
Mitigation Measure NOISE-1a: The project applicant shall identify in the Construction Noise Control Plan required pursuant to Cupertino Municipal Code Section 17.04.050(G)(2), Manage Noise During Construction, that a temporary sound barrier between the construction zone on the project site and the adjacent residences along the entirety of the project site boundary to the west with a minimum height of 12 feet and free of gaps and holes made of either a (a) 0.75- inch-thick plywood wall or (b) hanging blanket/curtain with a surface density or at least 2 pounds per square foot, would be installed to reduce construction noise levels to meet the 80 dBA limit in CMC Section 10.48.053.

Mitigation Measure NOISE-1b: Prior to issuance of building permits, the mechanical equipment and heating, ventilation, and air conditioning (HVAC) equipment shall be selected and designed to reduce impacts on surrounding uses to meet the Cupertino Municipal Code noise limits of 60 dBA and 50 dBA at residential uses during daytime and nighttime, respectively, and 65 dBA and 55 dBA at non-residential sensitive uses during daytime and nighttime, respectively.

A qualified acoustical consultant shall be retained by the project applicant to review mechanical noise as these systems are selected to determine specific noise reduction measures necessary to reduce noise to comply with the City’s noise level 407
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4 requirements. Mechanical equipment shall be selected and designed to reduce impacts on surrounding uses to meet the City’s noise level requirements. Noise reduction measures could include, but are not limited to:
 Selection of equipment that emits low noise levels;
 Installation of noise dampening techniques, such as enclosures and parapet walls, to block the line-of-sight between the noise source and the nearest receptors; or
 Locating equipment in less noise-sensitive areas, where feasible.

Mitigation Measure NOISE-2: If paving activity during construction is required within 25 feet of nearby structures, the use of a static roller in lieu of a vibratory roller shall be employed. This mitigation measure shall be identified on the permit application drawing set and as part of the construction drawing set, and shall be implemented by the on-site Construction Manager.
b. TRANSPORTATION
Mitigation Measure TRANS-1: The project applicant shall implement the following measures to reduce vehicle miles traveled (VMT) to meet the residential vehicle-miles traveled threshold of 11.50 VMT per capita.  Project Fair Share Contribution. Prior to approval of the final subdivision map, the project applicant shall pay a fair share contribution of $10,000 toward the bicycle improvements along Prospect Road that are planned in the City of Cupertino 2016 Bicycle Transportation Plan. The improvements include the addition of Class II buffered bike lanes along Prospect Road between De Anza Boulevard and Stelling Road, which would narrow the travel lanes on Prospect Road east of Galway Drive thereby reducing vehicle speeds to create a safer environment and promote walking and biking as alternatives to driving and reduce VMT.
 Transportation Coordinator. Prior to certificate of occupancy, the project applicant shall establish a “transportation coordinator” that shall implement and monitor the residential VMT reduction strategies described in this mitigation measure and future VMT reduction strategies if changes to the residential VMT reduction strategies described in this mitigation measure are warranted. The transportation coordinator shall be responsible for the preparation and submittal of an Annual Residential VMT Reduction Status Report, to be reviewed and approved by the City of Cupertino. The Annual Residential VMT Reduction Status Report shall include supporting 408
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5 documentation prepared by a City-approved qualified transportation engineer retained by the transportation coordinator to demonstrate the residential VMT reduction strategies are reducing residential VMT per capita from the residential 13.97 VMT per capita estimated in the Initial Study towards meeting the City of Cupertino’s adopted threshold. Where it is demonstrated in the Annual Residential VMT Reduction Status Report that the residential VMT reduction strategies are not reducing residential VMT to the satisfaction of the City of Cupertino, the transportation coordinator together with the City of Cupertino, shall select from other approved VMT reduction strategies in the Santa Clara Countywide VMT Evaluation Tool.

The transportation coordinator shall retain a City-approved qualified transportation engineer to apply the new VMT reduction strategies in the Santa Clara Countywide VMT Evaluation Tool to demonstrate the reduction strategies will achieve the City of Cupertino’s adopted VMT threshold. Once the Annual Residential VMT Reduction Status Report demonstrates that residential VMT is being reduced from the residential 13.97 VMT per capita estimated in the Initial Study towards meeting the City of Cupertino’s adopted threshold for five consecutive years from issuance of the certificate of occupancy, no additional reporting shall be required.  School Pool Program. Prior to issuance of certificate of occupancy, the project applicant shall prepare a School Pool Program to the satisfaction of the City of Cupertino to reduce residential VMT by matching parents of the proposed residential development who transport students to and from schools without a bussing program, including private schools, charter schools, and neighborhood schools where students cannot walk or bike, or where parents would rather their children not walk or bike. The School Pool Program shall be:
o Included in resident welcome packets and clearly stated that the program is open to all residents. The building management would be responsible for preparing the welcome packet materials and distributing to all new residents; and,
o Provided via an online kiosk/webpage with current school pool program information available at all times. The online kiosk/webpage would provide resident and school information for residents interested in participating in the school carpool program. Those residents that register for the program online could connect with other residents participating in the program to schedule carpools. The building management would be responsible for 409
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6 creating the online kiosk/webpage so that it is up and running as soon as the residential development is ready for leasing. The building management (and/or website designer) would be responsible for adding new information to the website so that the online kiosk remains current and informative.
 Electric Bicycle Program. Prior to the issuance of building permits, the project applicant shall submit a site-wide Electric Bicycle Program (EBP) to the Community Development Department, for review and approval. The EBP shall include the following:
o The project applicant shall initially purchase a total of 20 mid-range ($1,500 to $2,500), commuter/leisure electric bicycles (e-bikes), that are Underwriters Laboratory (UL) 2849 certified e-bikes that provide fire safety certification by examining the electrical drive train, battery, and charger system combinations, to form an e-bike pool. These e-bikes shall be purchased prior to certificate of occupancy.
o Because e-bikes are an evolving field and new technological advances are occurring regularly, the EBP shall include provisions for updating the ebike pool with safe and efficient fleet over the life of the program. o The e-bikes shall be available for use to any resident of the project (apartment units and townhomes) by advanced reservation on an hourly or daily basis.
o The EBP shall identify how the reservation system will be managed and by whom. For example, the reservation system could be a pen and paper sign up system, online, etc. and would be coordinated through the Transportation Coordinator.
o The EBP shall identify where the secure e-bike parking will be located and how it will be accessed by future residents of the apartments and townhomes. For example, the e-bike parking area could be located in the covered parking area and would be accessible by distributing electronic key cards or fobs to residents.
o The e-bike parking shall provide 20 charging stations so that each e-bike is fully charged each day, secure, and accessible to residents only. o The EBP shall identify who is responsible for coordinating the routine maintenance of the e-bike fleet by a professional e-bike service semiannually or as needed when a bike is operational. For example, the 410
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7 Homeowners Association, or equivalent body, could be responsible for this task.
o The EBP shall identify where the bike maintenance station would be provided on site to allow residents to perform basic maintenance and repairs on their own personal bicycles (e-bikes and non-e-bikes) without having to purchase their own tools and also make basic adjustments to an e-bike from the e-bike pool for seat adjustments, etc.
o The bike maintenance station shall be in the e-bike storage location or in close proximity and shall include, at a minimum, a bicycle pump, wrenches, a chain tool, lubricants, tire levers, hex keys/Allen wrenches, torx keys, screwdrivers, and spoke wrenches. The bike repair station shall be available for residents to maintain and fix their bicycles without having to purchase their own tools.
o The EBP shall identify who is responsible for maintaining the bike maintenance station. For example, the Homeowners Association, or equivalent body, could be responsible for this as part of their job assignment.
o The EBP shall include the procedures for implementing an annual e-bike program survey to be given to residents to gather information on the success of the program and ascertain information on how to make the program more successful. The procedures shall state that first survey shall be conducted within six months of initiating the program, the second within 12 months, and then on an annual basis.
o The project applicant shall provide this program to residents of the project site at no cost for at least five years. If the annual e-bike program survey generates the need for more bikes, then it may be appropriate to add a fee structure at that time.
 Car Share Program. Prior to issuance of certificate of occupancy, the project applicant shall demonstrate to the satisfaction of the City of Cupertino that the project would provide subsidized memberships to a car sharing program (e.g., Zipcar and GetAround) for residents with a valid driver’s license upon request. The Car Share Program shall include a dedicated car share vehicle parking on-site or at a convenient location within 0.25 miles of the project site.

Because the car sharing services are a low-cost alternative to car ownership and provide flexibility to those who use other transportation modes for their daily commute but may need to access a car for mid-day errands, car sharing 411
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8 helps support the use of walking, biking, carpooling, and transit by providing another means for business/day vehicle trips or a guaranteed ride home option, allowing for overall reductions in automobile use which results in reduced VMT.
 Behavioral Intervention Program. Prior to certificate of occupancy, the project applicant shall prepare a Behavior Intervention Program that will provide individualized transportation information for each resident to the satisfaction of the City of Cupertino that will reduce residential VMT by encouraging residents to use travel modes other than single-occupant vehicles as part of the new resident move-in process. To implement this program, “transportation coordinator” will work with residents to prepare the individualized transportation information for each resident. The transportation coordinator shall review the most current Santa Clara Valley Transportation Authority (VTA) bicycle and transit maps and work with each resident to identify key destinations for that resident which may include locations such as work, school, shopping and/or recreational destinations.

The resident and transportation coordinator would then map out feasible bicycle routes including the bicycle facility class types and transit routes to each destination including travel times, necessary bus transfers, and fare pricing. Bicycle and transit routes to common amenities such as grocery stores, drug stores, banks, and post offices would also be mapped out.

Implementing this program would encourage the use of transit, shared ride modes, bicycling, and walking, thereby reducing drive-alone vehicle trips and residential VMT. Additional encouragement could be provided in the form of subsidies if participation in the program is lower than expected.

6. Adopts the Mitigation Monitoring and Reporting Program for the Project, as amended, attached hereto as Exhibit EA-1, and incorporated herein by reference, which incorporates all the mitigation measures identified in the Final IS/MND.

PASSED AND ADOPTED at a special meeting of the City Council of the City of Cupertino this 21st day of June, 2023 by the following vote:

Members of the City Council
AYES:

NOES:

ABSENT:
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9 ABSTAIN:

SIGNED:
________
Hung Wei, Mayor
City of Cupertino
________________________
Date
ATTEST:
________
Kirsten Squarcia, City Clerk
________________________
Date
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Exhibit EA-1
1 Mitigation Monitoring and Reporting Program
1655 S. De Anza
Blvd.

APN: 366-10-061& -126
June 2023
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2 Mitigation Measure Timeframe and
Responsibility for
Implementation
Method of Compliance Oversight of
Implementation
NOISE
Mitigation Measure NOISE-1a: The project applicant shall identify in the Construction Noise Control Plan required pursuant to Cupertino Municipal Code Section 17.04.050(G)(2), Manage Noise During Construction, that a temporary sound barrier between the construction zone on the project site and the adjacent residences along the entirety of the project site boundary to the west with a minimum height of 12 feet and free of gaps and holes made of either a (a) 0.75-inch-thick plywood wall or (b) hanging blanket/curtain with a surface density or at least 2 pounds per square foot, would be installed to reduce construction noise levels to meet the 80 dBA limit in CMC Section 10.48.053.All exposed surfaces shall be watered at a frequency adequate to maintain minimum soil moisture of 12 percent. Moisture content can be verified by lab samples or moisture probe.

Applicant. Prior to issuance
of building permits
During Plan review and
approval, site
inspections. Once for
plan review/ during
scheduled construction
site inspections.

City of Cupertino
Public Works
Mitigation Measure NOISE-1b: Prior to issuance of building permits, the mechanical equipment and heating, ventilation, and air conditioning (HVAC) equipment shall be selected and designed to reduce impacts on surrounding uses to meet the Cupertino Municipal Code noise limits of 60 dBA and 50 dBA at residential uses during daytime and nighttime, respectively, and 65 dBA and 55 dBA at non-residential sensitive uses during daytime and nighttime, respectively. A qualified acoustical consultant shall be retained by the project applicant to review mechanical noise as these systems are selected to determine specific noise reduction measures necessary to reduce noise to comply with the City’s noise level requirements. Mechanical equipment shall be selected and designed to reduce impacts on surrounding uses to meet the City’s noise level requirements. Noise reduction measures could include, but are not limited to:
 Selection of equipment that emits low noise levels;
Applicant. Prior to issuance
of building permits
During Plan review and
approval, site
inspections. Once for
plan review/ during
scheduled construction
site inspections.

Qualified acoustical
consultant and City of
Cupertino Public
Works & Building
Department
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3 Mitigation Measure Timeframe and
Responsibility for
Implementation
Method of Compliance Oversight of
Implementation
 Installation of noise dampening techniques, such as
enclosures and parapet walls, to block the line-of-sight between the noise source and the nearest receptors; or
 Locating equipment in less noise-sensitive areas, where feasible.

Mitigation Measure NOISE-2: If paving activity during construction is required within 25 feet of nearby structures, the use of a static roller in lieu of a vibratory roller shall be employed. This mitigation measure shall be identified on the permit application drawing set and as part of the construction drawing set, and shall be implemented by the on-site Construction Manager.

Applicant. During
Construction.

Plan review and
approval, site
inspections. Once for
plan review/ during
scheduled construction
site inspections
Qualified acoustical
consultant and City of
Cupertino Public
Works & Building
Department

TRANSPORTATION
Mitigation Measure TRANS-1: The project applicant shall implement the following measures to reduce vehicle miles traveled (VMT) to meet the residential vehicle-miles traveled threshold of

11.50 VMT per capita.
 Project Fair Share Contribution. Prior to approval of the final subdivision map, the project applicant shall pay a fair share contribution of $10,000 toward the bicycle improvements along Prospect Road that are planned in the City of Cupertino 2016 Bicycle Transportation Plan. The improvements include the addition of Class II buffered bike lanes along Prospect Road between De Anza Boulevard and Stelling Road, which would narrow the travel lanes on Prospect Road east of
Galway Drive thereby reducing vehicle speeds to create a safer environment and promote walking and biking as
alternatives to driving and reduce VMT.

Applicant and
Transportation
Coordinator. Prior to
approval of the final
subdivision map and
certificate of occupancy
Approval of the final
subdivision map,
issuance of certificate of
occupancy and annual
approval of the Annual
Residential VMT
Reduction Status Report.

During permit issuance
for building permits,
certificate of occupancy,
and annually until a
reduction in VMT has
occurred to the
satisfaction of the City
for five consecutive
years.

City of Cupertino
Public Works, and
Planning and Building
Department
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4 Mitigation Measure Timeframe and
Responsibility for
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Method of Compliance Oversight of
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 Transportation Coordinator. Prior to certificate of
occupancy, the project applicant shall establish a
“transportation coordinator” that shall implement and
monitor the residential VMT reduction strategies described in this mitigation measure and future VMT reduction
strategies if changes to the residential VMT reduction
strategies described in this mitigation measure are
warranted. The transportation coordinator shall be
responsible for the preparation and submittal of an Annual Residential VMT Reduction Status Report, to be reviewed and approved by the City of Cupertino. The Annual
Residential VMT Reduction Status Report shall include
supporting documentation prepared by a City-approved
qualified transportation engineer retained by the
transportation coordinator to demonstrate the residential VMT reduction strategies are reducing residential VMT per capita from the residential 13.97 VMT per capita estimated in the Initial Study towards meeting the City of Cupertino’s adopted threshold. Where it is demonstrated in the Annual Residential VMT Reduction Status Report that the
residential VMT reduction strategies are not reducing
residential VMT to the satisfaction of the City of Cupertino, the transportation coordinator together with the City of Cupertino, shall select from other approved VMT reduction strategies in the Santa Clara Countywide VMT Evaluation Tool. The transportation coordinator shall retain a Cityapproved qualified transportation engineer to apply the new VMT reduction strategies in the Santa Clara
Countywide VMT Evaluation Tool to demonstrate the
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5 Mitigation Measure Timeframe and
Responsibility for
Implementation
Method of Compliance Oversight of
Implementation
reduction strategies will achieve the City of Cupertino’s adopted VMT threshold. Once the Annual Residential VMT
Reduction Status Report demonstrates that residential VMT is being reduced from the residential 13.97 VMT per capita estimated in the Initial Study towards meeting the City of Cupertino’s adopted threshold for five consecutive years from issuance of the certificate of occupancy, no additional reporting shall be required.
 School Pool Program. Prior to issuance of certificate of occupancy, the project applicant shall prepare a School Pool Program to the satisfaction of the City of Cupertino to reduce residential VMT by matching parents of the
proposed residential development who transport students to and from schools without a bussing program, including private schools, charter schools, and neighborhood schools where students cannot walk or bike, or where parents
would rather their children not walk or bike. The School Pool Program shall be:
 Included in resident welcome packets and clearly stated that the program is open to all residents. The building
management would be responsible for preparing the
welcome packet materials and distributing to all new
residents; and,
 Provided via an online kiosk/webpage with current school pool program information available at all times. The online kiosk/webpage would provide resident and school
information for residents interested in participating in the school carpool program. Those residents that register for the 418
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6 Mitigation Measure Timeframe and
Responsibility for
Implementation
Method of Compliance Oversight of
Implementation
program online could connect with other residents
participating in the program to schedule carpools. The
building management would be responsible for creating the online kiosk/webpage so that it is up and running as soon as the residential development is ready for leasing. The
building management (and/or website designer) would be
responsible for adding new information to the website so that the online kiosk remains current and informative.
 Electric Bicycle Program. Prior to the issuance of building permits, the project applicant shall submit a site-wide Electric Bicycle Program (EBP) to the Community
Development Department, for review and approval. The
EBP shall include the following:
o The project applicant shall initially purchase a total of 20 mid-range ($1,500 to $2,500), commuter/leisure electric bicycles (e-bikes), that are Underwriters Laboratory (UL) 2849 certified e-bikes that provide fire safety certification by examining the electrical drive train, battery, and
charger system combinations, to form an e-bike pool.

These e-bikes shall be purchased prior to certificate of occupancy.
o Because e-bikes are an evolving field and new
technological advances are occurring regularly, the EBP shall include provisions for updating the e-bike pool with safe and efficient fleet over the life of the program.
o The e-bikes shall be available for use to any resident of the project (apartment units and townhomes) by advanced
reservation on an hourly or daily basis.
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7 Mitigation Measure Timeframe and
Responsibility for
Implementation
Method of Compliance Oversight of
Implementation
o The EBP shall identify how the reservation system will be managed and by whom. For example, the reservation
system could be a pen and paper sign up system, online, etc. and would be coordinated through the Transportation Coordinator.
o The EBP shall identify where the secure e-bike parking will be located and how it will be accessed by future
residents of the apartments and townhomes. For example, the e-bike parking area could be located in the covered parking area and would be accessible by distributing
electronic key cards or fobs to residents.
o The e-bike parking shall provide 20 charging stations so that each e-bike is fully charged each day, secure, and accessible to residents only.
o The EBP shall identify who is responsible for coordinating the routine maintenance of the e-bike fleet by a
professional e-bike service semi-annually or as needed
when a bike is operational. For example, the Homeowners Association, or equivalent body, could be responsible for this task.
o The EBP shall identify where the bike maintenance station would be provided on site to allow residents to perform basic maintenance and repairs on their own personal
bicycles (e-bikes and non-e-bikes) without having to
purchase their own tools and also make basic adjustments to an e-bike from the e-bike pool for seat adjustments, etc. 420
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8 Mitigation Measure Timeframe and
Responsibility for
Implementation
Method of Compliance Oversight of
Implementation
o The bike maintenance station shall be in the e-bike storage location or in close proximity and shall include, at a
minimum, a bicycle pump, wrenches, a chain tool,
lubricants, tire levers, hex keys/Allen wrenches, torx keys, screwdrivers, and spoke wrenches. The bike repair station shall be available for residents to maintain and fix their bicycles without having to purchase their own tools.
o The EBP shall identify who is responsible for maintaining the bike maintenance station. For example, the
Homeowners Association, or equivalent body, could be
responsible for this as part of their job assignment.
o The EBP shall include the procedures for implementing an annual e-bike program survey to be given to residents to gather information on the success of the program and
ascertain information on how to make the program more
successful. The procedures shall state that first survey shall be conducted within six months of initiating the
program, the second within 12 months, and then on an
annual basis.
o The project applicant shall provide this program to
residents of the project site at no cost for at least five years.

If the annual e-bike program survey generates the need
for more bikes, then it may be appropriate to add a fee structure at that time.
 Car Share Program. Prior to issuance of certificate of occupancy, the project applicant shall demonstrate to the satisfaction of the City of Cupertino that the project would 421
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9 Mitigation Measure Timeframe and
Responsibility for
Implementation
Method of Compliance Oversight of
Implementation
provide subsidized memberships to a car sharing program (e.g., Zipcar and GetAround) for residents with a valid driver’s license upon request. The Car Share Program shall include a dedicated car share vehicle parking on-site or at a convenient location within 0.25 miles of the project site.

Because the car sharing services are a low-cost alternative to car ownership and provide flexibility to those who use other transportation modes for their daily commute but may need to access a car for mid-day errands, car sharing helps
support the use of walking, biking, carpooling, and transit by providing another means for business/day vehicle trips or a guaranteed ride home option, allowing for overall
reductions in automobile use which results in reduced VMT.  Behavioral Intervention Program. Prior to certificate of occupancy, the project applicant shall prepare a Behavior Intervention Program that will provide individualized
transportation information for each resident to the
satisfaction of the City of Cupertino that will reduce
residential VMT by encouraging residents to use travel
modes other than single-occupant vehicles as part of the new resident move-in process. To implement this program, “transportation coordinator” will work with residents to prepare the individualized transportation information for each resident. The transportation coordinator shall review the most current Santa Clara Valley Transportation
Authority (VTA) bicycle and transit maps and work with
each resident to identify key destinations for that resident which may include locations such as work, school, shopping and/or recreational destinations. The resident and
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10 Mitigation Measure Timeframe and
Responsibility for
Implementation
Method of Compliance Oversight of
Implementation
transportation coordinator would then map out feasible
bicycle routes including the bicycle facility class types and transit routes to each destination including travel times, necessary bus transfers, and fare pricing. Bicycle and transit routes to common amenities such as grocery stores, drug stores, banks, and post offices would also be mapped out.

Implementing this program would encourage the use of
transit, shared ride modes, bicycling, and walking, thereby reducing drive-alone vehicle trips and residential VMT.

Additional encouragement could be provided in the form of subsidies if participation in the program is lower than expected.
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RESOLUTION NO. _________

A RESOLUTION OF THE CUPERTINO CITY COUNCIL

ADOPTING AN ADDENDUM TO A PREVIOUSLY ADOPTED MITIGATED

NEGATIVE DECLARATION AND APPROVING A DEVELOPMENT PERMIT FOR A PROPOSED MIXED-USE DEVELOPMENT WITH 34 RESIDENTIAL UNITS, 7,595 SQ. FT. COMMERCIAL SPACE, AND THE REMOVAL AND REPLACEMENT OF 51 DEVELOPMENT TREES. LOCATED AT 1655 S. DE ANZA BLVD. (APN: 366-10- 061, -126)
______________________________________________________________________________ ___________________________________________________________________ SECTION I: PROJECT DESCRIPTION
Application No.: DP-2021-002
Applicant: Carlson Chan (Prospect Venture LLC)
Property Owner: Prospect Venture, LLC
Location: 1655 S. De Anza Blvd. (APNs 366-10-061, -126) SECTION II: FINDINGS FOR DEVELOPMENT PERMIT:

WHEREAS, the City of Cupertino received an application for a Development Permit as described in Section I of this resolution; and
WHEREAS, the proposed project, including the Development Permit, is fully described and analyzed in the Initial Study and proposed Mitigated Negative Declaration (State Clearinghouse No. 2022100314) (“IS/MND”) for the Project; and WHEREAS, on May 23, 2023 the Planning Commission recommended on a 5-0 vote that the City Council adopt the Mitigated Negative Declaration (EA-2022-005) and approve the Development Permit (DP-2021-002) in substantially similar form to the Resolution presented (Resolution Nos. 2023-08, -09), approve the Architectural and Site Approval Permit (ASA-2021-004) in substantially similar form to the Resolution presented(Resolution No. 2023-10), approve the Tree Removal Permit (TR-2022-006) in substantially similar form to the Resolution presented (Resolution No. 2023-13), approve the Use Permit (U-2021-001) in substantially similar form to the Resolution presented (Resolution No. 2023-012), and approve the Vesting Tentative Map (TM-2021-003), in substantially similar form to the Resolution presented (Resolution No. 2023-011); and WHEREAS, all necessary public notices having been given as required by the City of Cupertino Municipal Code and the Government Code, and the Planning Commission held at least one public hearing in regard to this application, and 424
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WHEREAS, on June 21, 2023, the City Council held a public hearing to consider the Project; and
WHEREAS, the City Council of the City of Cupertino is the decision-making body for this Resolution; and
WHEREAS, the applicant has met the burden of proof required to support the application for a Development Permit.; and
WHEREAS, on __________, 2023, the City Council adopted Resolution No. 23-______ adopting the Mitigated Negative Declaration for the proposed project, adopting and incorporating into the Project, and implementing as conditions of approval all of the mitigation measures for the project that are identified in the Final Initial Study/Mitigated Negative Declaration, and adopting the Mitigation Monitoring and Reporting Program for the Project; and
WHEREAS, the City Council finds as follows with regard to this application:

1. The proposed development and/or use, at the proposed location, will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare, or convenience; The project is consistent with the land use designations in the General Plan, Zoning Ordinance, and the South Saratoga-Sunnyvale Road Conceptual Zoning Plan. It has been designed to be compatible with and respectful of adjoining land uses, including but not limited to wide setbacks from the single-family residences on the western property line, as well as providing landscaping along the building frontages to help mitigate any massing impacts. Further, the City’s environmental consultant, Place Works, prepared an Initial Study, titled “1655 South De Anza Boulevard Mixed-Use Project Initial Study, October 2022,” which determined that any significant impacts can be reduced to less than significant levels through the inclusion of mitigation measures. Pursuant to this determination, a Mitigated Negative Declaration (MND) was prepared, finding that the City can rely on the adopted Environmental Protection Standards (Chapter 17.04) being applied as Conditions of Approval to minimize any impacts in several areas such as Biological Resources, Cultural Resources, and Noise. The MND further identifies project specific mitigation measures in the areas of Noise and Transportation, to reduce the potential environmental impacts of the project to less than significant levels. Therefore, the project will not be detrimental or injurious to properties or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare, or convenience.

2. The proposed development and/or use will be located and conducted in a manner in accord with the Cupertino Comprehensive General Plan, underlying zoning 425
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regulations, and the purpose of this title and complies with the California Environmental Quality Act (CEQA).

The General Plan land use designation for the property is Commercial/Office/Residential.

The proposed use is consistent with the General Plan in terms of use, density and slope line setback. The applicant is requesting waivers for height and setback, as well as an alternate parking standard as allowed per the Density Bonus Ordinance (CMC 19.56).

The proposed development has met the applicable development standards of the South Saratoga-Sunnyvale Road Conceptual Zoning Plan, including rear setbacks adjacent to single-family residential uses. The City’s environmental consultant, Place Works, prepared an Initial Study titled, “1655 South De Anza Boulevard Mixed-Use Project Initial Study, October 2022,” which determined that any significant impacts can be reduced to less than significant levels. Pursuant to this determination, a Mitigated Negative Declaration (MND) was prepared, finding that the City can rely on the adopted Environmental Protection Standards (Chapter 17.04) being applied as Conditions of Approval to minimize any impacts in several areas such as Biological Resources, Cultural Resources, Noise.. The MND further identifies project specific mitigation measures in the in the areas of Noise and Transportation, to reduce the potential environmental impacts of the project to less than significant levels.

3. The applicant has requested a density bonus. Pursuant to Cupertino Municipal Code Section 19.56.070, before approving an application that includes a request for density bonus, incentive, parking reduction and/or waiver, the decisionmaking body shall make the following findings, as applicable:
a) A finding that the residential project is eligible for the density bonus and any incentives, parking reductions or waivers requested.

The application is for a density bonus project that provides for approximately 20% of its base density as Below Market Rate Housing. Since 12% of the units on-site will be for Very Low Income residents, the project is eligible for a 35% density bonus. b) A finding that any requested incentive will result in identifiable, financially sufficient, and actual cost based on the financial analysis and documentation provided.

No incentives are requested as part of the project, so the finding is not applicable. c) If the density bonus is based all or in part on donation of land, a finding that all requirements included Section 19.56.030C have been met.

The density bonus is not based on the donation of land, so the finding is not applicable. d) If the density bonus is based all or in part on the inclusion of a childcare facility, a finding that all requirements included in Section 19.56.030 (D) have been met. 426
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The density bonus is not based on the inclusion of a childcare facility, so the finding is not applicable.
e) If the density bonus or incentive is based on a condominium conversion, a finding that all the requirements included in Section 19.56.030 (E) have been met.

The density bonus is not based on a condominium conversion, so the finding is not applicable.
f) If the incentive includes mixed-use development, a finding that all requirements including in Section 19.56.40 (B) (2) have been met.

While the project is a mixed-use development, the density bonus is not based on the mixed-used development as an incentive, so the finding is not applicable. g) If a waiver is requested, a finding that that the development standards for which the waivers are requested would have the effect of physically precluding the construction of the housing development with the density bonus and incentives or concessions permitted.

The development standards for the required minimum front setback, and maximum building height would physically preclude the development. These development standard limitations could affect the project by a loss of up to 12 units, which may include those units designated as BMR.
h) If a reduction in off-street parking standards for an eligible housing development is requested.

Since the development is a density bonus application, the Density Bonus Ordinance, allows a maximum off-street parking standard that can be applied to the housing portion of the development, inclusive of handicapped and guest parking, which this project has met.

4. Since the applicable findings required above can be made, the decision-making body may deny an application for a waiver only if one of the following written findings, as applicable to each type of application, and supported by substantial evidence, can be made:
a) That the incentive or concession, or waiver, would have an adverse impact on real property listed in the California Register of Historic Resources; or There are no affected Historic Resources in the vicinity. b) That the incentive or concession, or waiver would have a specific, adverse impact upon public health or safety or the physical environment, and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse 427
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impact without rendering the residential project unaffordable to low- and moderate-income households. For the purpose of this subsection, "specific, adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, written public health or safety standards, policies, or conditions as they existed on the date that the application for the residential project was deemed complete; or The City’s environmental consultant, Place Works, completed the Mitigated Negative Declaration titled, “1655 South De Anza Boulevard Mixed-Use Project Initial Study, October 2022,” whether the project would create any significant impacts. The result was that the Mitigated Negative Declaration (MND) finds that the City can rely on the adopted Environmental Protection Standards (Chapter 17.04) being applied as Conditions of Approval to minimize any impacts in several areas such as Biological Resources, Cultural Resources, Noise. The MND further identifies project specific mitigation measures in the following two areas, Noise and Transportation, to reduce the potential environmental impacts of the project to less than significant levels. c) That the incentive or concession, or waiver is contrary to state or federal law.

The requested waivers are not contrary to state or federal law.

NOW, THEREFORE, BE IT RESOLVED:

That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter and the MND, subject to the conditions which are enumerated in this Resolution beginning on PAGE 7 thereof, and those contained in all other Resolutions approved for this Project, the City Council hereby approves the application for a Development Permit, Application No. DP-2021-001; and
That the subconclusions upon which the findings and conditions specified in this Resolution are based are contained in the Public Hearing record concerning Application no. DP-2021-002 as set forth in the Minutes of the City Council Meeting of June 21, 2023 and are incorporated by reference as though fully set forth herein.

SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPARTMENT.

1. APPROVED EXHIBITS
Approval is based on the plan set dated July 19, 2022 consisting of 72 sheets labeled as 1655 S De Anza Boulevard, A.1– A.46, C1.0 – C10.0, L1 – L5, and E.000-E.103, drawn by Dahlin Group, Sandis, Ripley Design Group, FTF Engineering, and 428
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Emerald City Engineers, except as may be amended by conditions in this resolution.

2. ACCURACY OF PROJECT PLANS
The applicant/property owner is responsible to verify all pertinent property data including but not limited to property boundary locations, building setbacks, property size, building square footage, any relevant easements and/or construction records. Any misrepresentation of any property data may invalidate this approval and may require additional review.

3. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file nos. EA-2022-005, TR-2022-006, TM-2021- 003, U-2021-002, and ASA-2021-004 shall be applicable to this approval.

4. ANNOTATION OF THE CONDITIONS OF APPROVAL
The conditions of approval set forth shall be incorporated into and annotated on the first page of the building plans.

5. CONSULTATION WITH OTHER DEPARTMENTS
The applicant is responsible to consult with other departments and/or agencies about the proposed project for additional conditions and requirements. Any misrepresentation of any submitted data may invalidate an approval by the Community Development Department.

6. DEVELOPMENT ALLOCATION
4,053 s.f. of commercial allocation is added to the available development allocation in the S. De Anza Special Area since there is a reduction of commercial square footage on the site.

The project is granted approval to construct 11 townhomes and 23 apartments, subject to affordability requirements of Condition No. 5.

7. DENSITY BONUS AND AFFORDABLE UNITS
The project is granted a Density Bonus of 9 market-rate units and shall provide 1 unit affordable for sale to median income households, 1 unit affordable for rent to low-income households, and 3 units affordable for rent to very low-income households as determined by the City’s BMR Mitigation Manual. Prior to occupancy, the proposed project shall record covenants that require the units to be occupied at those income levels for a period not less than 99 years from the date of first occupancy of the units.

8. DENSITY WAIVERS
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The project is granted three density bonus waivers as follows:
a. Height waiver for Building A – 38-feet to top of roof ridge, 52-feet top of elevator tower.
b. Front setback waiver for Building A – 35 feet from the face of curb.

9. DENSITY BONUS PARKING REDUCTION
The project is granted a parking reduction pursuant to Density Bonus law. The applicant shall provide 68 residential parking spaces. Each unit shall have a minimum of one assigned/designated parking space.

10. BICYCLE PARKING
The applicant shall provide bicycle parking and bike racks for the proposed project in accordance with the City’s Parking Regulations under Chapter 19.124 of the Cupertino Municipal Code.

11. BMR UNIT DESIGN REQUIREMENTS
The Applicant shall detail how the following requirements shall be met prior to building permit issuance:
a. The BMR units shall be comparable to market-rate units in terms of unit type, number of bedrooms per unit, quality of exterior appearance and overall quality of construction.
b. The BMR unit size should generally be representative of the unit sizes within the senior market-rate portion of the residential project. c. Interior features and finishes in the affordable units shall be durable, of good quality and consistent with the contemporary standards of new housing.

12. BMR AGREEMENT
Prior to the recordation of a final map or issuance of any building permit, an affordable housing agreement shall be recorded against the property. The affordable housing agreement shall include, but not be limited to the following:
a. Total number of BMR units, type, location (site map), square footage, number of bedrooms, and construction scheduling of market-rate and BMR units; b. Provisions to ensure concurrent construction and completion of BMR units and market-rate units;
c. Affordability levels for each BMR unit;
d. Prices for BMR units as provided for in the BMR mitigation manual; e. Provisions for income certification and screening of potential occupants of BMR units;
f. Restriction control mechanisms;
g. Financing of ongoing administrative and monitoring costs; 430
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h. Other reasonably required provisions to implement the Affordable Housing Plan.

13. BMR UNIT TERMS OF AFFORDABILITY
Prior to occupancy, the proposed project shall record covenants that require the units to be occupied at rents that are affordable to moderate/median levels for a period not less than 99 years from the date of first occupancy of the unit.

14. PUBLIC ART REQUIREMENT
Public art shall be provided for the project in accordance with General Plan Policy 2-66 and the City’s Public Art Ordinance (Chapter 19.148 of the Cupertino Municipal Code). The minimum expenditure for the artwork, including, but not limited to design, fabrication, and installation is one (1) percent of the construction valuation for the first $100 million on construction valuation, or 0.9% of construction valuation for valuation in excess of $100 million. The project pro forma shall be provided to the City to confirm the project budget. The public art plans (including location and design) shall be reviewed by the Fine Arts Commission during the building permit stage, in advance of final occupancy.

Once approved by the Fine Arts Commission, the public artwork shall be installed to the satisfaction of the City prior to final occupancy.

In the event the developer or property owner determines that the placement of artwork on a particular property may not be feasible, the developer or property owner may apply to the City for an in-lieu payment alternative as indicated in Chapter 19.148 of the Cupertino Municipal Code, subject to review of the Fine Arts Commission and the City Council. The in lieu payment shall be 1.25% of the construction valuation.

15. INGRESS/EGRESS EASEMENT
The applicant shall record an appropriate deed restriction and covenant running with the land, subject to approval of the City Attorney, for a future ingress/egress easement with the parcel located to the north (APN: 366-10-133) in the event the City can require the same of the property owner of that parcel at the terminus of the private street in front of the townhomes. The deed restriction shall provide for necessary reciprocal ingress and egress easement to and from the affected parcels.

The deed restriction must also indicate that any construction related hard and soft costs related to the implementation of the connection must be split evenly between the two properties.
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16. DEMOLITION REQUIREMENTS
All demolished building and site materials shall be recycled to the maximum extent feasible subject to the Building Official. The applicant shall provide evidence that materials were recycled prior to occupancy.

17. FUGITIVE DUST CONTROL
Prior to issuance of the any demolition, grading, or building permit, include on all permit plans, the full text of each of the Bay Area Air Quality Management District’s Basic Control Measures from the latest version of BAAQMD’s CEQA Air Quality Guidelines, as subsequently revised, supplemented, or replaced, to control fugitive dust (i.e., particulate matter PM2.5 and PM10) during demolition, ground disturbing activities and/or construction.

18. VOLATILE ORGANIC COMPOUND EMISSIONS FROM PAINT
Prior to issuance of the first building permit, the Applicant shall include a note on all plans where paint specifications or other design specifications are listed, that the project design will incorporate only low-VOC paint (i.e., 50 grams per liter [g/L] or less) for interior and exterior wall architectural coatings.

19. AVOID NESTING BIRDS DURING CONSTRUCTION
Prior to issuance of the any demolition, grading and building permit, indicate the following on all construction plans:
a. Demolition, construction, ground-disturbing, and tree removal/pruning activities shall be scheduled to be completed prior to nesting season (February 1 through August 31), if feasible.
b. If demolition, construction, ground-disturbing, or tree removal/pruning activities occur during the nesting season (February 1 and August 31), preconstruction surveys shall be conducted as follows:
i. No more than 7 days prior to the start of demolition, construction, grounddisturbing, or tree removal/pruning activities, in order to identify any active nests with eggs or young birds on the site and surrounding area within 100 feet of construction or tree removal activities.
ii. Preconstruction surveys shall be repeated at 14-day intervals until demolition, construction, ground-disturbing, or tree removal/pruning activities have been initiated in the area, after which surveys can be stopped. As part of the preconstruction survey(s), the surveyor shall inspect all trees and other possible nesting habitats in, and immediately adjacent to, the construction areas for active nests, while ensuring that they do not disturb the nests as follows:
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1) For projects that require the demolition or construction one single-family residence, ground disturbing activities affecting areas of up to 500 square feet, or the removal of up to three trees, the property owner or a tree removal contractor, if necessary, is permitted to conduct the preconstruction surveys to identify if there are any active nests. If any active nests with eggs or young birds are identified, the project applicant shall retain a qualified ornithologist or biologist to identify protective measures. 2) For any other demolition, construction and ground disturbing activity or the removal of four or more trees, a qualified ornithologist or biologist shall be retained by the project applicant to conduct the preconstruction surveys. iii. If the preconstruction survey does not identify any active nests with eggs or young birds that would be affected by demolition, construction, grounddisturbing or tree removal/pruning activities, no further mitigating action is required. If an active nest containing eggs or young birds is found sufficiently close to work areas to be disturbed by these activities, their locations shall be documented, and the qualified ornithologist or biologist shall identify protective measures to be implemented under their direction until the nests no longer contain eggs or young birds.
iv. Protective measures may include, but are not limited to, establishment of clearly delineated exclusion zones (i.e., demarcated by identifiable fencing, such as orange construction fencing or equivalent) around each nest location as determined by the qualified ornithologist or biologist, taking into account the species of birds nesting, their tolerance for disturbance and proximity to existing development. In general, exclusion zones shall be a minimum of 300 feet for raptors and 75 feet for passerines and other birds. The active nest within an exclusion zone shall be monitored on a weekly basis throughout the nesting season to identify signs of disturbance and confirm nesting status. The radius of an exclusion zone may be increased by the qualified ornithologist or biologist, if project activities are determined to be adversely affecting the nesting birds. Exclusion zones may be reduced by the qualified ornithologist or biologist only in consultation with California Department of Fish and Wildlife. The protection measures and buffers shall remain in effect until the young have left the nest and are foraging independently or the nest is no longer active.
v. A final report on nesting birds and raptors, including survey methodology, survey date(s), map of identified active nests (if any), and protection measures (if required), shall be prepared by the qualified ornithologist or biologist and submitted to the Director of Community Development or his or her designee, through the appropriate permit review process (e.g., demolition, construction, 433
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tree removal, etc.), and be completed to the satisfaction of the Community Development Director prior to the start of demolition, construction, grounddisturbing, or tree removal/pruning activities.

20. ARCHAEOLOGICAL RESOURCES AND TRIBAL CULTURAL RESOURCES Prior to the issuance of any demolition, grading or building permit involving soil disturbance, the project applicant shall provide written verification, including the materials provided to contractors and construction crews, to the City confirming that contractors and construction crews have been notified of basic archaeological site indicators, the potential for discovery of archaeological resources, laws pertaining to these resources, and procedures for protecting these resources as follows:
a. Basic archaeological site indicators that may include, but are not limited to, darker than surrounding soils of a friable nature; evidence of fires (ash, charcoal, fire affected rock or earth); concentrations of stone, bone, or shellfish; artifacts of stone, bone, or shellfish; evidence of living surfaces (e.g., floors); and burials, either human or animal.
b. The potential for undiscovered archaeological resources or tribal cultural resources on site.
c. The laws protecting these resources and associated penalties, including, but not limited to, the Native American Graves Protection and Repatriation Act of 1990, Public Resources Code Section 5097, and California Health and Safety Code Section 7050 and Section 7052.
d. The protection procedures to follow should construction crews discover cultural resources during project-related earthwork, include the following:
i. All soil disturbing work within 25 feet of the find shall cease. ii. The project applicant shall retain a qualified archaeologist to provide and implement a plan for survey, subsurface investigation, as needed, to define the deposit, and assessment of the remainder of the site within the project area to determine whether the resource is significant and would be affected by the project.
iii. Any potential archaeological or tribal cultural resources found during construction activities shall be recorded on appropriate California Department of Parks and Recreation forms by a qualified archaeologist. If the resource is a tribal cultural resource, the consulting archaeologist shall consult with the appropriate tribe, as determined by the Native American Heritage Commission, to evaluate the significance of the resource and to recommend appropriate and feasible avoidance, testing, preservation or mitigation measures, in light of factors such as the significance of the find, proposed 434
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project design, costs, and other considerations. The archeologist shall perform this evaluation in consultation with the tribe.

21. HUMAN REMAINS AND NATIVE AMERICAN BURIALS
Prior to issuance of the any demolition, grading and building permits that involve soil disturbance, include on plans a note that, during project construction, the project applicant shall comply with California Health and Safety Code Section 7050.5 and California Public Resources Code Section 5097.98.
a. In the event of discovering human remains during construction activities, there shall be no further excavation or disturbance of the site within a 100-foot radius of the remains, or any nearby area reasonably suspected to overlie adjacent remains. b. The Santa Clara County Coroner shall be notified immediately and shall make a determination as to whether the remains are Native American. c. If the Santa Clara County Coroner determines that the remains are not subject to his authority, he shall notify the Native American Heritage Commission (NAHC) within 24 hours.
d. The NAHC shall attempt to identify descendants (Most Likely Descendant) of the deceased Native American.
e. The Most Likely Descendant has 48 hours following access to the project site to make recommendations or preferences regarding the disposition of the remains.

If the Most Likely Descendant does not make recommendations within 48 hours after being allowed access to the project site, the owner shall, with appropriate dignity, reinter the remains in an area of the property secure from further disturbance and provide documentation about this determination and the location of the remains to the NAHC and the City of Cupertino. Alternatively, if the owner does not accept the Most Likely Descendant’s recommendations, the owner or the descendent may request mediation by the NAHC. Construction shall halt until the mediation has concluded.

22. NOISE AND VIBRATION NOTICE
At least 10 days prior to the start of any demolition, ground disturbing, or construction activities, the project applicant/contractor shall send notices of the planned activity by first class mail as follows:
a. For projects on sites that are more than 0.5 acres or four or more residential units the notices shall be sent to off-site businesses and residents within 500 feet of the project site;
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b. For projects on sites between 0.25 to 0.5 acres, or two or three residential units (not including Accessory Dwelling Units) notices shall be sent to off-site businesses and residents within 250 feet of the project site; or
c. For projects on sites less than 0.25 acres or one residential unit, the notices shall be sent to off-site businesses and residents within 100 feet of the project site.

The notification shall include a brief description of the project, the activities that would occur, the hours when activity would occur, and the construction period’s overall duration. The notification should include the telephone numbers of the contractor’s authorized representatives that are assigned to respond in the event of a noise or vibration complaint. The City will provide mailing addresses for the Applicant’s use. The project applicant shall provide the City with evidence of mailing of the notice, upon request. If pile driving, see additional noticing requirements below.

23. NOISE DURING CONSTRUCTION
Prior to issuance of any demolition, grading or building permit, include on plans a note that, during project construction, the project applicant shall incorporate the following measures to reduce noise during construction and demolition activity:
a. The project applicant and contractors shall prepare and submit a Construction Noise Control Plan to the City’s Planning Department for review and approval prior to issuance of the first permit. The Construction Noise Plan shall demonstrate compliance with daytime and nighttime decibel limits pursuant to Chapter 10.48 (Community Noise Control) of Cupertino Municipal Code. The details of the Construction Noise Control Plan shall be included in the applicable construction documents and implemented by the on-site Construction Manager. Noise reduction measures selected and implemented shall be based on the type of construction equipment used on the site, distance of construction activities from sensitive receptor(s), site terrain, and other features on and surrounding the site (e.g., trees, built environment) and may include, but not be limited to, temporary construction noise attenuation walls, high quality mufflers. During the entire active construction period, the Construction Noise Control Plan shall demonstrate that compliance with the specified noise control requirements for construction equipment and tools will reduce construction noise in compliance with the City’s daytime and nighttime decibel limits.
b. Select haul routes that avoid the greatest amount of sensitive use areas and submit to the City of Cupertino Public Works Department for approval prior to the start of the construction phase.
c. Signs will be posted at the job site entrance(s), within the on-site construction zones, and along queueing lanes (if any) to reinforce the prohibition of 436
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unnecessary engine idling. All other equipment will be turned off if not in use for more than 5 minutes.
d. During the entire active construction period and to the extent feasible, the use of noise producing signals, including horns, whistles, alarms, and bells will be for safety warning purposes only. The construction manager will use smart back-up alarms, which automatically adjust the alarm level based on the background noise level or switch off back-up alarms and replace with human spotters in compliance with all safety requirements and law.

24. PRE-CONSTRUCTION MEETING AND CONSTRUCTION MANAGEMENT PLAN
A demolition and construction management plan shall be submitted and reviewed prior to building permit issuance. Prior to commencement of construction activities, the applicant shall arrange for a pre-construction meeting with the pertinent departments (Building, Planning, and Public Works) to review the prepared construction management plan, to ensure that construction complies with the conditions of approval, staging of construction equipment is appropriate, tree protection measures are in place, public access routes are identified, and noise and dust control measures are established. The plan shall include but not be limited to the following:
a. Compliance with CEQA Mitigation Measures
b. Appropriate construction staging area
c. Hours of construction
d. Compliance with the City noise ordinance
e. Best management practices
f. Staging of construction equipment shall not occur within ___ feet of any residential property.
g. Any other measures as determined to be appropriate by the Director of Community Development

25. GRADING AND CONSTRUCTION HOURS AND NOISE LIMITS
The applicant shall indicate compliance with the following grading and construction hours and noise limit requirements on all demolition, construction and grading permits, and in the construction management plan(s), unless otherwise indicated.
a. All grading activities shall be limited to the dry season (April 15 to October 1), unless permitted otherwise by the Director of Public works. b. Construction hours and noise limits shall be compliant with all requirements of Chapter 10.48 of the Cupertino Municipal Code.
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c. Grading, street construction, underground utility and demolition hours for work done more than 750 feet away from residential areas shall be limited to Monday through Friday, 7 a.m. to 8 p.m. and Saturday and Sunday, 9 a.m. to 6 p.m. Grading, street construction, demolition or underground utility work within 750 feet of residential areas shall not occur on Saturdays, Sundays, holidays, and during nighttime period as defined in Section 10.48.053(b) of the Municipal Code.
d. Construction activities shall be limited to Monday through Friday, 7 a.m. to 8 p.m. and Saturday and Sunday, 9 a.m. to 6 p.m. Construction activities are not allowed on holidays as defined in Chapter 10.48 of the Municipal Code.

Nighttime construction is allowed if compliant with nighttime standards of Section 10.48 of the Cupertino Municipal Code.
e. Rules and regulations pertaining to all construction activities and limitations identified in this permit, along with the name and telephone number of an applicant appointed disturbance coordinator, shall be posted in a prominent location at the entrance to the job site.
f. The applicant shall be responsible for educating all contractors and subcontractors of said construction restrictions.

26. GREEN BUILDING
The project shall be constructed in accordance with the City’s Green Building Ordinance (Chapter 16.58 of the Cupertino Municipal Code). The applicant shall obtain LEED Silver certification or an alternative reference standard in accordance with the ordinance since the building size is over 50,000 square feet. Third party LEED certification or alternative reference standard is required per the ordinance criteria.

27. BUILDING AND FIRE CODE
The applicant shall apply for and obtain building permits to allow the construction of the approved project. The applicant shall provide information and plans to allow the Building Official and the Fire Marshall or their designee that the proposed plans comply with Building and Fire Codes in effect at the time of application for a building permit.

28. PROPERTY OWNERS’ ASSOCIATION
A Property Owner’s Association shall be formed to maintain the common areas of the property. The Conditions, Covenants and Restrictions (CC&Rs) shall be reviewed and approved by the City Attorney and the Director of Community 438
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Development prior to recordation. The following terms shall be incorporated into the Association’s Conditions, Covenants and Restrictions:
 The members/board shall meet at a minimum of once/year  The Association dues shall cover:
o Maintenance of common area on the property in compliance with the approved project conditions of approval, including hardscaping, parking, landscaping and accessory facilities and amenities, such as trash bins/areas, common amenity areas, tree grates, outside trash bins, fences, etc, o Building and site repair on a regular schedule, or as otherwise necessary, and building renovation and replacement as necessary to ensure that the property is maintained.
o Permits, including tree removal permits, required for maintenance and repair of facilities in the common areas
 Any changes to the exterior of the development must be reviewed by the Property Owner’s Association.
 CC&R’s shall ensure that private open space is kept tidy and free of clutter and visual blight.
 Any changes to the CC&R’s must be reviewed and approved by the City  Disbanding of the Association shall require an amendment to the permit.

29. TRASH AND DELIVERY ACTIVITIES
A detailed refuse and truck delivery plan shall be prepared by the applicant. The plan shall specify locations of trash facilities, refuse pick up schedules and truck delivery schedules and routes. All trash facilities must be screened and enclosed to the satisfaction of the Public Works Department. The final plan shall be submitted to the City for review and approval prior to issuance of building permits.

30. ACOUSTIC STUDY AND REDUCTION OF INTERIOR NOISE LEVELS I Prior to the issuance of building permits, the project applicant shall submit an acoustic study to the satisfaction of the City's Community Development Director to demonstrate that unit interiors meet an interior noise level due to exterior noise of 45 dBA CNEL, consistent with State and local noise standards. The study shall be based on precise grading and architectural plans including specific construction method details and materials to calculate the necessary exterior to interior noise reduction of approximately 30 dBA to achieve 45 dBA CNEL. The precise exterior to interior reduction would be determined in the acoustical study when precise grading plans with building elevations, footprints and architectural plans are ·available. The applicant will be required to incorporate into the project design all required noise insulation features and techniques necessary to reduce interior 439
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noise levels to achieve the interior noise standard. To achieve the required interior noise levels, features such as upgraded exterior wall and roof assemblies, upgraded windows, and exterior doors may be required. In addition, a "windows closed” condition will be required with minimum supply of fresh air per UBC requirements.

31. INDOOR AIR POLLUTION
Prior to issuance of Building Permits, the applicant shall implement best practices to manage indoor air pollution which include the following:
 Heating, ventilation, and air conditioning (HVAC) system filtration should be used to reduce indoor concentrations of DPM. Commercially available filters with a Minimum Efficiency Rating Value (MERV) of 13 or greater are recommended for the residences.
 Disclosure should be made by the developer and/or sales representatives to potential residents that emissions from the nearby roadways and gas stations are a potential health hazard.

32. ROOFTOP EQUIPMENT SCREENING
All mechanical and other equipment on the building or on the site shall be screened so they are not visible from public street areas or adjoining developments. The height of the screening shall be taller than the height of the mechanical equipment that it is designed to screen. A line of sight plan may be required to demonstrate that the equipment will not be visible from any public right-of-way. The location of the equipment and necessary screening shall be reviewed and approved by the Director of Community Development prior to issuance of building permits.

33. RESTAURANT ODOR ABATEMENT
All new restaurants shall install odor abatement systems to reduce odor impacts from the restaurants to the adjacent community. The odor abatement systems shall be installed prior to final occupancy of the associated restaurant(s). Detailed plans shall be reviewed and approved by the Director of Community Development prior to issuance of building permits.

34. SIGN PROGRAM
A sign program is required for this project. The sign program shall be approved by the Director of Community Development prior to issuance of sign permits.

35. SITE IMPROVEMENTS
All proposed site improvements shall be completed prior to final occupancy of any structures approved in conjunction with the project.
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36. EXTERIOR BUILDING MATERIALS/TREATMENTS
The final building exterior plan shall closely resemble the details shown on the original approved plans. Final building exterior treatment plan (including but not limited to details on exterior color, materials, architectural treatments, doors, windows, lighting fixtures, and/or embellishments) shall be reviewed and approved by the Director of Community Development prior to issuance of building permits to ensure quality and consistency. Any exterior changes determined to be substantial by the Director of Community Development shall either require a modification to this permit or a new permit based on the extent of the change.

Future changes to the exterior building materials/treatments must be reviewed and approved by the Property Owner’s Association. However, any changes to the building materials that do not match the approved materials shall require an amendment to this permit or a new permit.

37. BIRD SAFE FENESTRATION
Consistent with CMC 19.102.030, the development shall implement the bird safe fenestration and glass requirements. The applicant, prior to issuance of Building Permits, may submit for an Alternative Compliance Method in which the property owners/applicants may propose an alternate compliance method recommended by a qualified biologist to meet the requirements and intent of CMC 19.102.030.

The alternate compliance method shall be peer-reviewed by a third-party consultant, paid for by the applicant, and subject to the approval of the Director of Community Development.

38. DARK SKY COMPLIANCE AND/OR BIRD SAFE COMPLIANCE
Prior to issuance of Building Permits, the applicant/property owner shall submit final plans in compliance with the approved lighting plans to comply with development standards of Cupertino Municipal Code Section 19.102.030 Bird-Safe Development Requirements and/or Section 19.102.040 Outdoor Lighting Requirements. In the event changes are proposed from the approved plans, said changes must be reviewed and approved by the Director of Community Development or their designee. The applicant shall provide all documentation required to determine compliance with the Municipal Code. The final lighting plan (including a detailed photometric plan) shall be reviewed and approved by the Director of Community Development prior to building permit issuance. A report from a licensed lighting engineer may be required to confirm all exterior lighting throughout the site complies with the City’s Ordinance. 441
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39. NOISE LEVELS AND ABATEMENT
Project uses and all equipment installed on the site shall comply with the City’s Community Noise Control Ordinance at all times. Installation of any mechanical or other equipment shall be evaluated to determine that the installation meets the City’s Community Noise Control Ordinance. Any documentation or studies required to determine this shall be provided by the applicant as his/her sole expense. Should the project exceed any of the stipulated maximum noise levels outlined in the City’s Community Noise Control Ordinance, an acoustical engineer may be required to submit noise attenuation measures to the satisfaction of the Director of Community Development at the applicant’s expense.

40. ASBESTOS-CONTAINING MATERIALS
The project applicant shall hire the services of a CalOSHA-certified qualified asbestos abatement consultant to conduct a pre-construction assessment for asbestos containing materials (ACMs). Prior to the issuance of the demolition permit, the Applicant shall provide a letter to the City of Cupertino Planning Department from a qualified asbestos abatement consultant that no ACMs are present in the buildings. If ACMs are found to be present, the hazardous materials shall be properly removed and disposed of prior to demolition of buildings on the project site in compliance with applicable federal, State, and local regulations, such as the Environmental Protection Agency’s Asbestos National Emission Standards for Hazardous Air Pollutants regulation, Bay Area Air Quality Management District’s Regulation 11, Title 8 of the California Codes of Regulations, the Unified Program, and the City’s General Plan policies.

41. LEAD-BASED PAINTS
The project applicant shall hire the services of a qualified lead paint abatement consultant to conduct a pre-construction assessment of lead-based paints. Prior to the issuance of the demolition permit, the applicant shall provide a letter to the City of Cupertino Planning Department from a qualified lead paint abatement consultant that no lead paint is present in onsite buildings. If lead paint is found to be present on buildings to be demolished, the hazardous materials shall be properly removed and disposed of in compliance with applicable federal, State, and local regulations, including the Environmental Protection Agency’s National Emission Standards for Hazardous Air Pollutants regulation, Title 40 of the Code 442
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of Federal Regulations, Title 8 of the California Codes of Regulations, the Unified Program, and the City’s General Plan policies.

42. INDEMNIFICATION
As part of the application, to the fullest extent permitted by law, the applicant shall agree to indemnify, defend with the attorneys of the City’s choice, and hold harmless the City, its City Council, and its officers, employees, and agents (collectively, the “indemnified parties”) from and against any liability, claim, action, cause of action, suit, damages, judgment, lien, levy, or proceeding (collectively referred to as “proceeding”) brought by a third party against one or more of the indemnified parties or one or more of the indemnified parties and the applicant related to any Ordinance, Resolution, or action approving the project, the related entitlements, environmental review documents, finding or determinations, or any other permit or approval authorized for the project. The indemnification shall include but not be limited to damages, fees, and costs awarded against the City, if any, and cost of suit, attorneys’ fees, and other costs, liabilities, and expenses incurred in connection with such proceeding whether incurred by the Applicant, the City, or the parties initiating or bringing such proceeding.

The applicant shall agree to (without limitation) reimburse the City its actual attorneys’ fees and costs incurred in defense of the litigation. Such attorneys’ fees and costs shall include amounts paid to the City’s outside counsel and shall include City Attorney time and overhead costs and other City staff overhead costs and any costs directly related to the litigation reasonably incurred by City. The applicant shall likewise agree to indemnify, defend, and hold harmless the indemnified parties from and against any damages, attorneys’ fees, or costs awards, including attorneys’ fees awarded under Code of Civil Procedure section 1021.5, assessed or awarded against the indemnified parties. The Applicant shall cooperate with the City to enter a Reimbursement Agreement to govern any such reimbursement.

The Applicant shall agree to (without limitation) reimburse the City for all costs incurred in additional investigation or study of, or for supplementing, redrafting, revising, or amending, any document (such as an Environmental Impact Report, negative declaration, specific plan, or general plan amendment) if made necessary by proceedings challenging the project approvals and related environmental review, if the applicant desires to continue to pursue the project.

The Applicant shall agree that the City shall have no liability to the Applicant for business interruption, punitive, speculative, or consequential damages. 443
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43. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS The Conditions of Project Approval set forth herein may include certain fees, dedication requirements, reservation requirements, and other exactions.

SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS

DEPARTMENT

1. DEVELOPER CONTRIBUTION
As a VMT mitigation, the developer shall contribute 10% towards buffered bicycle lane improvements along Prospect Rd. The estimated cost of these improvements is $100,000. As a result, the developer will be required to pay $10,000 towards these improvements.

2. STREET IMPROVEMENTS & DEDICATION
Street dedication in fee title and frontage improvements along the project will be required to the satisfaction of the Director of Public Works. Street improvement, grading and drainage plans must be completed and approved prior to Final map approval. Street improvements may include, but not be limited to, new detached sidewalk, new driveway, storm drain facilities, street tree installations, undergrounding overhead lines and guy wire relocation. All improvements must be completed and accepted by the City prior to Building Final Occupancy or Street Improvement Encroachment Permit acceptance whichever comes first. Additional comments will be provided and shall be incorporated prior to Final Map approval.

3. ACCEPTANCE OF PROPERTY RIGHTS
The Public Works Director, or his/her designee, shall have the authority to accept all offers of dedications, easements, quitclaims and other property rights and interests on behalf of the City.

4. CURB AND GUTTER IMPROVEMENTS
Curbs and gutters, sidewalks and related structures shall be installed in accordance with grades and standards as specified by the Director of Public Works. All improvements must be completed and accepted by the City prior to Building Final Occupancy or Street Improvement Encroachment Permit acceptance whichever comes first.

5. PEDESTRIAN AND BICYCLE IMPROVEMENTS
Developer shall provide pedestrian and bicycle related improvements (e.g. walkway and bicycle racks, etc.) consistent with the Cupertino Bicycle Transportation Plan and the Pedestrian Transportation Plan, as designated and approved by the Director of Public Works. All improvements must be completed and accepted by the City prior 444
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to Building Final Occupancy or Street Improvement Encroachment Permit acceptance whichever comes first.

6. STREET LIGHTING INSTALLATION
Street lighting shall be installed and shall be as approved by the Director of Public Works. Lighting fixtures shall be positioned so as to preclude glare and other forms of visual interference to adjoining properties and shall be no higher than the maximum height permitted by the zone in which the site is located.

7. GRADING
Grading shall be as approved and required by the Director of Public Works in accordance with Chapter 16.08 of the Cupertino Municipal Code. 401 Certifications and 404 permits maybe required. Please contact Army Corp of Engineers and/or Regional Water Quality Control Board as appropriate.

8. DRAINAGE
Drainage shall be provided to the satisfaction of the Director of Public Works and satisfy any requirements from the environmental analysis. Hydrology and pre- and post-development hydraulic calculations must be provided to indicate whether additional storm water control measures are to be constructed or renovated. The storm drain system may include, but is not limited to, subsurface storage of peak stormwater flows (as needed), bioretention basins, vegetated swales, and hydrodynamic separators to reduce the amount of runoff from the site and improve water quality. The storm drain system shall be designed to detain water on-site (e.g., via buried pipes, retention systems or other approved systems and improvements) as necessary to avoid an increase of the ten percent flood water surface elevation to the satisfaction of the Director of Public Works. Any storm water overflows or surface sheeting should be directed away from neighboring private properties and to the public right of way as much as reasonably possible.

All storm drain inlets shall be clearly marked with the words “No Dumping – Flows to Creek” using permanently affixed metal medallions or equivalent, as approved by the Environmental Programs Division.

Additional comments will be provided and shall be incorporated prior to Final Map approval.

9. C.3 REQUIREMENTS
C.3 regulated improvements are required for all projects creating and/or replacing 10,000 S.F. or more of impervious surface (collectively over the entire project site). The developer shall reserve a minimum of 4% of developable surface area for the placement of low impact development measures, for storm water treatment, unless 445
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an alternative storm water treatment plan, that satisfies C.3 requirements, is approved by the Director of Public Works.

The developer must include the use and maintenance of site design, source control and storm water treatment Best Management Practices (BMPs), which must be designed per approved numeric sizing criteria. A Storm Water Management Plan, Storm Water Facilities Easement Agreement, Storm Water Facilities Operation and Maintenance Agreement, and certification of ongoing operation and maintenance of treatment BMPs are each required.

All storm water management plans are required to obtain certification from a City approved third party reviewer.

10. SUBDIVISION IMPROVEMENT AGREEMENT
The project developer shall enter into a Subdivision Improvement Agreement with the City of Cupertino providing for payment of fees, including but not limited to checking and inspection fees, storm drain fees, park dedication fees and fees for under grounding of utilities. Said agreement and fees shall be executed and paid prior to Final map approval.

Fees:
a. Checking & Inspection Fees: Per current fee schedule ($4,947 or 5% of improvement costs)
b. Grading Permit: Per current fee schedule ($3,683 or 6% of improvement costs)
c. Tract Map Fee: Per current fee schedule ($12,306)
d. Storm Drainage Fee: Per current fee schedule (residential: $4,250 per AC + $322 per unit, commercial: $11,444
per AC)
e. Transportation Impact Fee: Per current fee schedule: (residential: $4,215 per unit, commercial: $10.94 per square foot for
retail, $19.15 per square foot for office)
f. Developer Contribution: $10,000 (Prospect Rd Buffered Bike Lane (VMT Mitigation) Project)
g. Encroachment Permit Fee: Per current fee schedule ($3,304) h. Park Fees: Per current fee schedule: $60,000 per unit ($1,740,000 based on 29 new units; waived for 5
BMR units)
i. Storm Management Plan Fee: Per current fee schedule ($1,670) j. Street Tree Fee: By Developer or Per current fee schedule:
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$481 per tree
Bonds:
a. Faithful Performance Bond: 100% of Off-site and On-site Improvements b. Labor & Material Bond: 100% of Off-site and On-site Improvement c. On-site Grading Bond: 100% of site improvements.

The fees described above are imposed based upon the current fee schedule adopted by the City Council. However, the fees imposed herein may be modified at the time of recordation of a final map or issuance of a building permit in the event of said change or changes, the fees changed at that time will reflect the then current fee schedule.

11. FINAL MAP
A final map will be subject to City Council approval and shall be recorded prior to issuance of building permits. Existing buildings must be demolished prior to recordation of the final map as building(s) cannot straddle between lot lines.

12. TRANSPORTATION
The Project is subject to the payment of Transportation Impact Fees under City’s Transportation Impact Fee Program (Chapter 14.02 of the Cupertino Municipal Code).

Project is also subject to Vehicle Miles Traveled (VMT) analysis as part of environmental reviews per Chapter 17 of the Cupertino Municipal Code. Project shall provide mitigation measure as results of the transportation analysis.

13. PARKS
The residential units are subject to Park Land Dedication or the payment of parkland fees in-lieu of parkland dedication per Chapter 13.08 and Chapter 18.24 of the Cupertino Municipal Code.

The Below Market Rate (BMR) program manual, which was last amended by City Council on May 19, 2020 per Resolution 20-055, authorizes the waiver of park fees for BMR units. Pursuant to Resolution 20-055, parkland dedication in-lieu fees for the 5 BMR units proposed for this project are hereby waived.

14. SURVEYS
A Boundary Survey and a horizontal control plan will be required for all new construction to ensure the proposed building will be set based on the boundary survey and setback requirements.
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15. TRASH, RECYCLING AND COMPOST ENCLOSURES & OPERATIONS Trash enclosure plans must be designed in accordance with the City’s “Public Works Guidelines posted at www.cupertino.org/nowaste, and to the satisfaction of the Environmental Programs Manager. Clearance by the Public Works Department is required prior to obtaining a building permit. (CMC 9.18.210 H & K) Applicant shall enter into an agreement with the City that indemnifies and holds harmless both the City and the refuse and recycling collection company (Recology) from and against any harm, damage or maintenance that may occur or become necessary to onsite paving stone driveway surfaces.

16. OPERATIONS & MAINTENANCE AGREEMENT
Developer shall enter into an Operations & Maintenance Agreement with the City before Final Map approval. The Agreement shall include the operation and maintenance for non-standard appurtenances in the public road right-of-way that may include, but is not limited to, sidewalk, pavers, and streetlights.

17. UNDERGROUND UTILITIES
Developer shall comply with the requirements of the Underground Utilities Ordinance No. 331 and other related Ordinances and regulations of the City of Cupertino, and shall coordinate with affected utility providers for installation of underground utility devices. Developer shall submit detailed plans showing utility underground provisions. Said plans shall be subject to prior approval of the affected Utility provider and the Director of Public Works.

18. TRANSFORMERS & CABINETS
Electrical transformers, telephone cabinets and similar equipment shall be placed in underground vaults. The developer must receive written approval from both the Public Works Department and the Community Development Department prior to installation of any above ground equipment. Should above ground equipment be permitted by the City, equipment and enclosures shall be screened with fencing and landscaping such that said equipment is not visible from public street areas, as determined by the Community Development Department. Transformers shall not be located in the front or side building setback area.

19. WATER BACKFLOW PREVENTERS
Domestic and Fire Water Backflow preventers and similar above ground equipment shall be placed away from the public right of way and site driveways to a location approved by the Cupertino Planning Department, Santa Clara County Fire Department and the water company.
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20. BEST MANAGEMENT PRACTICES
Utilize Best Management Practices (BMPs), as required by the State Water Resources Control Board, for construction activity, which disturbs soil. BMP plans shall be included in grading and street improvement plans.

21. NPDES CONSTRUCTION GENERAL PERMIT
When and where it is required by the State Water Resources Control Board (SWRCB), the developer must obtain a Notice of Intent (NOI) from the SWRCB, which encompasses preparation of a Storm Water Pollution Prevention Plan (SWPPP), use of construction Best Management Practices (BMPs) to control storm water runoff quality, and BMP inspection and maintenance.

22. EROSION CONTROL PLAN
Developer must provide an approved erosion control plan by a Registered Civil Engineer. This plan should include all erosion control measures used to retain materials on site. Erosion control notes shall be stated on the plans.

23. WORK SCHEDULE
Every 6 months, the developer shall submit a work schedule to the City to show the timetable for all grading/erosion control work in conjunction with this project.

24. TRAFFIC CONTROL PLAN
The developer must submit a traffic control plan by a Registered Traffic Engineer to be approved by the City. The plan shall include a temporary traffic control plan for work in the right of way as well as a routing plan for all vehicles used during construction. All traffic control signs must be reviewed and approved by the City prior to commencement of work. The City has adopted Manual on Uniform Traffic Control Devices (MUTCD) standards for all signage and striping work throughout the City.

25. STREET TREES
Street trees shall be planted within the Public Right of Way to the satisfaction of the Director of Public Works and shall be of a type approved by the City in accordance with Ordinance No. 125.

26. FIRE PROTECTION
Fire sprinklers shall be installed in any new construction to the approval of the City.

27. SANTA CLARA COUNTY FIRE DEPARTMENT
A letter of clearance for the project shall be obtained from the Santa Clara County Fire Department prior to issuance of building permits. Clearance should include written approval of the location of any proposed Fire Backflow Preventers, Fire Department 449
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Connections and Fire Hydrants (typically Backflow Preventers should be located on private property adjacent to the public right of way, and fire department connections must be located within 100’ of a Fire Hydrant).

28. FIRE HYDRANT
Fire hydrants shall be located as required by the City and Santa Clara County Fire Department as needed.

29. SAN JOSE WATER SERVICE COMPANY CLEARANCE
Provide San Jose Water Service Company approval for water connection, service capability and location and layout of water lines and backflow preventers before Final Map approval.

30. DEDICATION OF UNDERGROUND WATER RIGHTS
Developer shall “quit claim” to the City all rights to pump, take or otherwise extract water from the underground basin or any underground strata in the Santa Clara Valley.

31. SANITARY DISTRICT
A letter of clearance for the project shall be obtained from the Cupertino Sanitary District prior to Final Map approval.

32. UTILITY EASEMENTS
Clearance approvals from the agencies with easements on the property (including PG&E, AT&T, and San Jose Water Company, and/or equivalent agencies) will be required prior to Final Map approval.

33. PG&E EASEMENT QUITCLAIM
Prior to Final Map approval, the developer shall work with PG&E’s Land Department to confirm the existing 5’ PG&E easement along the northern property line is no longer needed prior to the easement quitclaim and removal of PG&E facilities from the easement. Developer shall provide the recorded quitclaim document prior to Final Map recordation.

34. RECIPROCAL EASEMENT AMENDMENT
Developer shall provide the recorded amended reciprocal easement document prior to Final Map recordation.
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SECTION V: CONDITIONS ADMINISTERED BY THE CUPERTINO SANITARY

DISTRICT

1. CUPERTINO SANITARY DISTRICT
A letter of clearance for the project shall be obtained from the Cupertino Sanitary District prior to Final Map approval. The letter shall include their review and approval of any existing sanitary sewer easements to be quitclaimed and the creation of any new sanitary sewer easements.

2. INSTALLERS AGREEMENT
Property owner will be required to enter into an Installer’s Agreement with the District for the construction of the proposed sewer infrastructure.

3. SEWER LATERAL
Parcels 366-10-061 and 366-10-126 will be joined into one large parcel for the commercial and garage buildings. Each townhome will have their own parcel number. Per District’s Ordinance, each parcel requires to have their own Districtowned sanitary sewer lateral. Since the proposed sewer lines will be within private property, the District will require an easement in these proposed parcels for the proposed sanitary sewer mainlines and laterals.

SECTION VI: CONDITIONS ADMINISTERED BY THE SANTA CLARA COUNTY

FIRE DEPARTMENT

1. FIRE SPRINKLERS REQUIRED
Approved automatic sprinkler systems in new and existing buildings and structures shall be provided in the locations described in this Section or in Sections 903.2.1 through 903.2.18 whichever is the more restrictive. For the purposes of this section, firewalls used to separate building areas shall be constructed in accordance with the California Building Code and shall be without openings or penetrations. NOTE: The owner(s), occupant(s) and any contractor(s) or subcontractor(s) are responsible for consulting with the water purveyor of record in order to determine if any modification or upgrade of the existing water service is required. A State of California licensed (C-16) Fire Protection Contractor shall submit plans, calculations, a completed permit application and appropriate fees to this department for review and approval prior to beginning their work. CFC Sec. 903.2 as adopted and amended by CMC.
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2. PUBLIC FIRE HYDRANT REQUIRED
Provide a public fire hydrant at a final location to be determined jointly by the Fire Department and San Jose Water Company. Maximum distance of 500 feet from the building frontage and a maximum of 100 feet from the FDC, with a minimum hydrant flow of 1625 GPM @ 20 psi residual. Fire hydrants shall be provided along required fire apparatus access roads and adjacent public streets. CFC Sec. 507, and Appendix B and associated Tables, and Appendix C.

3. REQUIRED FIRE FLOW
The fire flow for this project is 8000 GPM at 20 psi residual pressure. If an automatic fire sprinkler system will be installed, the fire flow will be reduced by 75%, establishing a required adjusted fire flow of 2000 GPM at 20 psi residual pressure.

Note: The minimum required number and spacing of the hydrants shall be in accordance with CFC Table C102.1.

4. BUILDINGS AND FACILITIES ACCESS
Approved fire apparatus access roads shall be provided for every facility, building or portion of a building hereafter constructed or moved into or with the jurisdiction. The fire apparatus access road shall comply with the requirements of this section and shall extend to within 150 feet of all portions of the facility and all portions of the exterior walls of the first story of the building as measured by an approved route around the exterior of the building or facility. [CFC, Section 503.1.1].

5. STANDPIPES REQUIRED
Standpipe systems shall be provided in new buildings and structures in accordance with this section. Fire hose threads used in connection with standpipe systems shall be approved and shall be compatible with fire department hose threads. The location of fire department hose connections shall be approved. Standpipes shall be manual wet type. In buildings used for high-piled combustible storage, fire hose protection shall be in accordance with Chapter 32. Installation standard. Standpipe systems shall be installed in accordance with this section and NFPA 14 as amended in Chapter 47.

CFC Sec. 905

6. WATER SUPPLY REQUIREMENTS
Potable water supplies shall be protected from contamination caused by fire protection water supplies. It is the responsibility of the applicant and any contractors and subcontractors to contact the water purveyor supplying the site of such project, and to comply with the requirements of that purveyor. Such requirements shall be incorporated into the design of any water-based fire protection systems, and/or fire suppression water supply systems or storage containers that may be physically connected in any manner to an appliance capable of causing contamination of the 452
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potable water supply of the purveyor of record. Final approval of the system(s) under consideration will not be granted by this office until compliance with the requirements of the water purveyor of record are documented by that purveyor as having been met by the applicant(s). 2019 CFC Sec. 903.3.5 and Health and Safety Code 13114.7.

7. TIMING OF INSTALLATION
When fire apparatus access roads or a water supply for fire protection is required to be installed, such protection shall be installed and made serviceable prior to and during the time of construction except when approved alternative methods of protection are provided. Temporary street signs shall be installed at each street intersection when construction of new roadways allows passage by vehicles in accordance with Section 505.2. Construction documents. Construction documents for proposed fire apparatus access, location of fire lanes, security gates across fire apparatus access and construction documents and hydraulic calculations for fire hydrant systems shall be submitted to the fire department for review and approval prior to construction. CFC Sec. 501.3, 501.4.

8. REQUIRED SECONDARY FIRE DEPT. ACCESS
Commercial and Industrial Developments
a. Buildings exceeding three stories or 30 feet in height. Buildings or facilities exceeding 30 feet (9144 mm) or three stories in height shall have a least two means of fire apparatus access for each structure.
b. Buildings exceeding 62,000 square feet in area. Buildings or facilities having a gross building area of more than 62,000 square feet (5760 mm) shall be provided with two separate and approved fire apparatus access roads. c. Exception: Projects having a gross building area of up to 124,000 square feet (11520 mm) that have a single approved fire apparatus access road when all buildings are equipped throughout with approved automatic sprinkler systems. Multi-Family Residential Developments (R-1 & R-2 occupancies) 1. Multi-family residential projects having more than 100 dwelling units shall be equipped throughout with two separate and approved fire apparatus access roads. CFC Sec. Chp. 5 as adopted and amended by CUPMC.

9. REQUIRED AERIAL ACCESS
a. Where required: Buildings or portions of buildings or facilities exceeding 30 feet (9144 mm) in height above the lowest level of fire department vehicle access shall be provided with approved fire apparatus access roads capable of accommodating fire department aerial apparatus. Overhead utility and power lines shall not be located within the aerial fire apparatus access roadway. 453
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b. Width: Fire apparatus access roads shall have a minimum unobstructed width of 26 feet (7925) in the immediate vicinity of any building or portion of building more than 30 feet (9144 mm) in height.
c. Proximity to building: At least one of the required access routes meeting this condition shall be located within a minimum of 15 feet (4572) and a maximum of 30 feet (9144mm) from the building, and shall be positioned parallel to one entire side of the building, as approved by the fire code official.

10. FIRE DEPARTMENT (ENGINE) ROADWAY TURNAROUND
Provide Dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with an approved area for turning around fire apparatus. Maximum grade in any direction shall be 5%. Installations shall conform with Fire Department Standard Details and Specifications D-1. [CFC Section 503.2.5].

11. GROUND LADDER ACCESS
Ground-ladder rescue from second and third floor rooms with egress windows, shall be made possible for fire department operations. With the climbing angle of seventyfive degrees maintained, an approximate walkway width along either side of the building shall be no less than seven feet clear. Landscaping shall not be allowed to interfere with the required access. CFC Sec. 503 and 1030 NFPA 1932 Sec. 5.1.8 through 5.1.9.2. Ladder access (one for each emergency egress window) of an allweather supportive surface along with an approved access walkway leading from the fire apparatus access road to them, shall be provided.

12. FIRE ALARM REQUIREMENTS
Refer to CFC Sec. 907 and the currently adopted edition of NFPA 72.

13. EMERGENCY RADIO RESPONDER COVERAGE
All new buildings shall have approved radio coverage for emergency responders within the building based upon the existing coverage levels of the public safety communication systems of the jurisdiction at the exterior of the building. This section shall not require improvement of the existing public safety communication systems.

CFC Sec. 510.1 .

14. TWO-WAY COMMUNICATION SYSTEM
Two-way communication systems shall be designed and installed in accordance with NFPA 72 (2016 edition), the California Electrical Code (2013 edition), the California Fire Code (2016 edition), the California Building Code (2016 edition), and the city ordinances where two way system is being installed, policies, and standards.

Other standards also contain design/installation criteria for specific life safety related equipment.
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15. CONSTRUCTION SITE FIRE SAFETY
All construction sites must comply with applicable provisions of the CFC Chapter 33 and our Standard Detail and Specification SI-7. Provide appropriate notations on subsequent plan submittals, as appropriate to the project. CFC Chp. 33.

16. ADDRESS IDENTIFICATION
New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Where required by the fire code official, address numbers shall be provided in additional approved locations to facilitate emergency response.

Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall be a minimum of 4 inches (101.6 mm) high with a minimum stroke width of 0.5 inch (12.7 mm). Where access is by means of a private road and the building cannot be viewed from the public way, a monument, pole or other sign or means shall be used to identify the structure. Address numbers shall be maintained. CFC Sec. 505.1

17. TURN RADIUS (CIRCULATING)
The minimum inside turning radius is 20 feet and outside turning radius is 42 feet for required access roadways. Greater radius up to 60 feet may be required where the Fire Department determines that Ladder Truck access is required. Circulating refers to travel along a roadway without dead ends.

18. KNOX KEY BOXES/LOCKS WHERE REQUIRED FOR ACCESS
Where access to or within a structure or an area is restricted because of secured openings or where immediate access is necessary for lifesaving or firefighting purposes, the fire code official is authorized to require a key box to be installed in an approved location. The Knox Key Box shall be a of an approved type and shall contain keys to gain necessary access as required by the fire code official.

19. LOCKS
An approved Knox Lock shall be installed on gates or similar barriers when required by the fire code official. Key box maintenance. The operator of the building shall immediately notify the fire code official and provide the new key when a lock is changed or re-keyed. The key to such lock shall be secured in the key box. [CFC Sec. 506].

20. FIRE DEPARTMENT CONNECTION
The fire department connection (FDC) shall be installed at the street on the street address side of the building. It shall be located within 100 feet of a public fire hydrant and within ten (10) feet of the main PIV (unless otherwise approved by the Chief due 455
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to practical difficulties). FDC's shall be equipped with a minimum of two (2), twoand-one-half (2- 1/2”) inch national standard threaded inlet couplings. Orientation of the FDC shall be such that hose lines may be readily and conveniently attached to the inlets without interference. FDC's shall be painted safety yellow. [SCCFD, SP-2 Standard].

PASSED AND ADOPTED at a special meeting of the City Council of the City of Cupertino this 21st day of June, 2023, by the following vote:

Members of the City Council
AYES:

NOES:

ABSENT:

ABSTAIN:

SIGNED:
________
Hung Wei, Mayor
City of Cupertino
________________________
Date
ATTEST:
________________________
Kirsten Squarcia, City Clerk
________________________
Date
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RESOLUTION NO. ____

A RESOLUTION OF THE CUPERTINO CITY COUNCIL

APPROVING AN ARCHITECTURAL AND SITE APPROVAL PERMIT FOR A PROPOSED MIXED-USE DEVELOPMENT WITH 34 RESIDENTIAL UNITS, 7,595 SQ. FT. COMMERCIAL SPACE, AND THE REMOVAL AND REPLACEMENT OF 51 DEVELOPMENT TREES. LOCATED AT 1655 S. DE ANZA BLVD. (APN: 366-10- 061, -126)
______________________________________________________________________________ ______________________________________________________________ SECTION I: PROJECT DESCRIPTION
Application No.: ASA-2021-004
Applicant: Carlson Chan (Prospect Venture LLC)
Property Owner: Prospect Venture, LLC
Location: 1655 S. De Anza Blvd. (APNs 366-10-061, -126) SECTION II: FINDINGS FOR ARCHITECTURAL AND SITE APPROVAL:

WHEREAS, the Planning Commission of the City of Cupertino received an application for an Architectural and Site Approval Permit as described in Section I of this resolution; and
WHEREAS, the proposed project, including the Architectural and Site Approval, is fully described and analyzed in the Initial Study and proposed Mitigated Negative Declaration (State Clearinghouse No. 2022100314) (“IS/MND”) for the Project; and WHEREAS, on May 23, 2023 the Planning Commission recommended on a 5-0 vote that the City Council adopt the Mitigated Negative Declaration (EA-2022-005) and approve the Development Permit (DP-2021-002) in substantially similar form to the Resolution presented (Resolution Nos. 2023-08, -09), approve the Architectural and Site Approval Permit (ASA-2021-004) in substantially similar form to the Resolution presented(Resolution No. 2023-10), approve the Tree Removal Permit (TR-2022-006) in substantially similar form to the Resolution presented (Resolution No. 2023-13), approve the Use Permit (U-2021-001) in substantially similar form to the Resolution presented (Resolution No. 2023-012), and approve the Vesting Tentative Map (TM-2021-003), in substantially similar form to the Resolution presented (Resolution No. 2023-011); and WHEREAS, all necessary public notices having been given as required by the City of Cupertino Municipal Code and the Government Code, and the Planning Commission held at least one public hearing in regard to this application; and 457
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WHEREAS, on June 21, 2023, the City Council held a public hearing to consider the Project; and
WHEREAS, the City Council of the City of Cupertino is the decision-making body for this Resolution; and
WHEREAS, the applicant has met the burden of proof required to support the application for a Development Permit.; and
WHEREAS, on __________, 2023, the City Council adopted Resolution No. 23-______ adopting the Mitigated Negative Declaration for the proposed project, adopting and incorporating into the Project, and implementing as conditions of approval all of the mitigation measures for the project that are identified in the Final Initial Study/Mitigated Negative Declaration, and adopting the Mitigation Monitoring and Reporting Program for the Project, Resolution No. 23-_______ approving the Use Permit for the proposed project and Resolution No. 23-______ approving the Development Permit for the proposed project; and
WHEREAS, the City Council finds as follows with regard to this application:

1. The proposal, at the proposed location, will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare, or convenience;
The project is consistent with the land use designations in the General Plan, Zoning Ordinance, and the South Saratoga-Sunnyvale Road Conceptual Zoning Plan. It has been designed to be compatible with and respectful of adjoining land uses, including but not limited to wide setbacks from the single-family residences on the western property line, as well as providing landscaping along the building frontages to help mitigate any massing impacts. Further, the City’s environmental consultant, PlaceWorks, prepared an Initial Study titled “1655 South De Anza Boulevard Mixed-Use Project Initial Study, October 2022” which determined that any significant impacts can be reduced to less than significant levels. Pursuant to this determination, a Mitigated Negative Declaration (MND) was prepared finding that the City can rely on the adopted Environmental Protection Standards (Chapter 17.04) being applied as Conditions of Approval to minimize any impacts in several areas such as Biological Resources, Cultural Resources, Noise . The MND further identifies mitigation measures in the following two areas, Noise and Transportation, to reduce the potential environmental impacts of the project to less than significant levels. Therefore, the project will not be detrimental or injurious to properties or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare, or convenience.

2. The proposal is consistent with the purposes of Chapter 19.168, the General Plan, any specific plan, zoning ordinances, applicable planned development permit, conditional 458
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use permits, variances, subdivision maps or other entitlements to use which regulate the subject property including, but not limited to, adherence to the following specific criteria:
a) Abrupt changes in building scale should be avoided. A gradual transition related to height and bulk should be achieved between new and existing buildings.

The proposed project is the redevelopment of an existing single-story retail building with a new three-story mixed-use apartment and two three-story townhome buildings. The adjacent office building to the north of the property is of similar height, while the townhomes are designed with the appropriate landscape setback of 15-feet from existing residential properties, with the multi-floor elements setback in accordance with the South Saratoga-Sunnyvale Road Conceptual Zoning Plan. There is also landscaping proposed at the perimeter which will help mask some of the bulk of the proposed buildings. b) In order to preserve design harmony between new and existing building and in order to preserve and enhance property values, the materials, textures and colors of new building should harmonize with adjacent development by being consistent or compatible with design and color schemes with the future character of the neighborhoods and purposes of the zone in which they are situated. The location, height and materials of walls, fencing, hedges and screen planting should harmonize with adjacent development. Unsightly storage areas, utility installations and unsightly elements of parking lots should be concealed. The planting of ground cover or various types of pavements should be used to prevent dust and erosion, and the unnecessary destruction of existing healthy trees should be avoided.

Lighting for development should be adequate to meet safety requirements as specified by the engineering and building departments, and provide shielding to prevent spill-over light to adjoining property owners.

The design quality of the development is consistent with the high-quality standards specified by the City’s General Plan and Specific Plans and encouraged by City Staff. The mixed-use building meets the design qualities of contemporary design development, and the architectural style is consistent and harmonious throughout the development.

Potentially unsightly uses, such as loading, trash pickup, and parking have been placed within the buildings away from view of neighboring uses. Utility installation has been designed to be screened by landscaping and or incorporated into the building design. The final lighting for the development will be reviewed as part of the review of the project construction documents to ensure that it meets safety requirements while avoiding spillover light to adjacent properties. The windows are required to be consistent with the City’s bird- safe ordinance as well.
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c) The number, location, color, size, height, lighting and landscaping of outdoor advertising signs and structures shall minimize traffic hazards and shall positively affect the general appearance of the neighborhood and harmonize with adjacent development; and
Signage approval is not included in this application. Any proposed future signage will be required to be consistent with the Zoning Ordinance and all relevant City policies. d) With respect to new projects within existing residential neighborhoods, new development should be designed to protect residents from noise, traffic, light and visually intrusive effects by use of buffering, setbacks, landscaping, walls and other appropriate design measures.

The project abuts an existing single-family residential neighborhood to the west. The townhome buildings, by proximity the closest element of the proposed project, have been designed as required by the South Saratoga-Sunnyvale Road Conceptual Zoning Plan.

Further, the existing Italian Cypress trees that separate the project site from the singlefamily homes immediately to the west are conditioned to be maintained, if possible, to provide privacy protection. The project also proposes additional landscaping designed to enhance the screening between these two adjacent sites, reducing privacy concerns.

NOW, THEREFORE, BE IT RESOLVED:

That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter and the MND, subject to the conditions which are enumerated in this Resolution, beginning on PAGE 4 herein, and subject to the conditions contained in all other Resolutions approved for this Project,
The application for an Architectural and Site Approval, Application No. ASA-2021-004, is hereby approved, and that the subconclusions upon which the findings and conditions specified in this Resolution are based are contained in the Public Hearing record concerning Application no. ASA-2021-004 as set forth in the Minutes of the City Council Meeting of June 21, 2023 Meeting, and are incorporated by reference as though fully set forth herein.

SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.

1. APPROVED EXHIBITS
Approval is based on the plan set dated July 19, 2022 consisting of 72 sheets labeled as 1655 S De Anza Boulevard, A.1– A.46, C1.0 – C10.0, L1 – L5, and E.000-E.103, drawn by Dahlin Group, Sandis, Ripley Design Group, FTF Engineering, and 460
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Emerald City Engineers, except as may be amended by conditions in this resolution.

2. ACCURACY OF PROJECT PLANS
The applicant/property owner is responsible to verify all pertinent property data including but not limited to property boundary locations, building setbacks, property size, building square footage, any relevant easements and/or construction records. Any misrepresentation of any property data may invalidate this approval and may require additional review.

3. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file nos. EA-2022-005, TR-2022-006, TM-2021- 003, U-2021-002, and DP-2021-002 shall be applicable to this approval.

4. ANNOTATION OF THE CONDITIONS OF APPROVAL
The conditions of approval set forth shall be incorporated into and annotated on the first page of the building plans.

5. FINAL ARCHITECTURAL DETAILS AND EXTERIOR BUILDING MATERIALS The final building exterior plan shall closely resemble the details shown on the original approved plans. The final building design and exterior treatment plans (including but not limited to details on exterior color, materials, architectural treatments, doors, windows, lighting fixtures, and/or embellishments) shall be reviewed and approved by the Director of Community Development prior to issuance of building permits and through an in-field mock-up of colors prior to application to ensure quality and consistency. Any exterior changes determined to be substantial by the Director of Community Development shall either require a modification to this permit or a new permit based on the extent of the change.

6. LANDSCAPE INSTALLATION REPORT
The project is subject to all provisions delineated in the Landscape Ordinance (CMC, Chapter 14.15). A landscape installation audit shall be conducted by a certified landscape professional after the landscaping and irrigation system have been installed. The findings of the assessment shall be consolidated into a landscape installation report.

The landscape installation report shall include but is not limited to: inspection to confirm that the landscaping and irrigation system are installed as specified in the landscape and irrigation design plan, system tune-up, system test with distribution uniformity, reporting overspray or run-off that causes overland flow, and preparation of an irrigation schedule.
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The landscape installation report shall include the following statement: “The landscape and irrigation system have been installed as specified in the landscape and irrigation design plan and complies with the criteria of the ordinance and the permit.”

7. LANDSCAPE AND IRRIGATION MAINTENANCE
Per the Landscape Ordinance (CMC, Chapter 14.15), a maintenance schedule shall be established and submitted to the Director of Community Development or his/her designee, either with the landscape application package, with the landscape installation report, or any time before the landscape installation report is submitted. a. Schedules should take into account water requirements for the plant establishment period and water requirements for established landscapes. b. Maintenance shall include, but not be limited to the following: routine inspection; pressure testing, adjustment and repair of the irrigation system; aerating and dethatching turf areas; replenishing mulch; fertilizing; pruning; replanting of failed plants; weeding; pest control; and removing obstructions to emission devices. c. Failed plants shall be replaced with the same or functionally equivalent plants that may be size-adjusted as appropriate for the stage of growth of the overall installation. Failing plants shall either be replaced or be revived through appropriate adjustments in water, nutrients, pest control or other factors as recommended by a landscaping professional.

8. LANDSCAPE PROJECT SUBMITTAL
Prior to issuance of building permits, the applicant shall submit a full Landscape Documentation Package, per sections 14.15.050 A, B, C, and D of the Landscape Ordinance, for projects with landscape area 500 square feet or more or elect to submit a Prescriptive Compliance Application per sections 14.15.040 A, B, and C for projects with landscape area between 500 square feet and 2,500 square feet. The Landscape Documentation Package or Prescriptive Compliance Application shall be reviewed and approved to the satisfaction of the Director of Community Development prior to issuance of building permits, and additional requirements per sections 14.15.040 D, E, F, and G or 14.15.050 E, F, G, H, and I will be required to be reviewed and approved prior to final inspections.

9. LANDSCAPE AND IRRIGATION PLANS
The applicant shall submit detailed landscape and irrigation plans to be reviewed and approved by Community Development prior to issuance of building permits. The landscape plan shall include water conservation and pesticide reduction measures in conformance with Chapter 14.15, Landscape Ordinance, and the pesticide control measures referenced in Chapter 9.18, Stormwater Pollution Prevention and Watershed Protection, of the Cupertino Municipal Code.
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10. SIGN PROGRAM
A sign program is required for this project. The sign program shall be approved by the Director of Community Development prior to issuance of sign permits.

11. SITE IMPROVEMENTS
All proposed site improvements shall be completed prior to final occupancy of any structures approved in conjunction with the project.

12. TRANSFORMERS
Electrical transformers, telephone cabinets and similar equipment shall be placed in underground vaults. The developer must receive written approval from both the Public Works Department and the Community Development Department prior to installation of any above ground equipment. Should above ground equipment be permitted by the City, equipment and enclosures shall be screened with fencing and landscaping such that said equipment is not visible from public street areas, as determined by the Community Development Department. Transformers shall not be located in the front or side building setback area.

13. TREE PROTECTION
As part of the demolition or building permit drawings, a tree protection plan shall be prepared by a certified arborist for the trees to be retained. In addition, the following measures shall be added to the protection plan:
 For trees to be retained, chain link fencing and other root protection shall be installed around the dripline of the tree prior to any project site work.  No parking or vehicle traffic shall be allowed under root zones, unless using buffers approved by the Project Arborist.
 No trenching within the critical root zone area is allowed. If trenching is needed in the vicinity of trees to be retained, the City’s consulting arborist shall be consulted before any trenching or root cutting beneath the dripline of the tree.  Wood chip mulch shall be evenly spread inside the tree projection fence to a fourinch depth.  Tree protection conditions shall be posted on the tree protection barriers.  Retained trees shall be watered to maintain them in good health.  A covenant on the property shall be recorded that identifies all the protected trees, prior to final occupancy.

The tree protection measures shall be inspected and approved by the certified arborist prior to issuance of building permits. The City’s consulting arborist shall inspect the trees to be retained and shall provide reviews prior to issuance of demolition, grading or building permits. A report ascertaining the good health of the trees mentioned above shall be provided prior to issuance of final occupancy. 463
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14. UTILITY STRUCTURE PLAN
Prior to issuance of building permits, the applicant shall work with staff to provide a detailed utility plan to demonstrate screening or undergrounding of all new utility structures [including, but not limited to backflow preventers (BFP), fire department connections (FDC), post-indicator valves (PIV), and gas meters] to the satisfaction of the Director of Community Development, Public Works, Fire Department, and applicable utility agencies.

15. CONSULTATION WITH OTHER DEPARTMENTS
The applicant is responsible to consult with other departments and/or agencies with regard to the proposed project for additional conditions and requirements. Any misrepresentation of any submitted data may invalidate an approval by the Community Development Department.

16. INDEMNIFICATION
As part of the application, to the fullest extent permitted by law, the applicant shall agree to indemnify, defend with the attorneys of the City’s choice, and hold harmless the City, its City Council, and its officers, employees, and agents (collectively, the “indemnified parties”) from and against any liability, claim, action, cause of action, suit, damages, judgment, lien, levy, or proceeding (collectively referred to as “proceeding”) brought by a third party against one or more of the indemnified parties or one or more of the indemnified parties and the applicant related to any Ordinance, Resolution, or action approving the project, the related entitlements, environmental review documents, finding or determinations, or any other permit or approval authorized for the project. The indemnification shall include but not be limited to damages, fees, and costs awarded against the City, if any, and cost of suit, attorneys’ fees, and other costs, liabilities, and expenses incurred in connection with such proceeding whether incurred by the Applicant, the City, or the parties initiating or bringing such proceeding.

The applicant shall agree to (without limitation) reimburse the City its actual attorneys’ fees and costs incurred in defense of the litigation. Such attorneys’ fees and costs shall include amounts paid to the City’s outside counsel and shall include City Attorney time and overhead costs and other City staff overhead costs and any costs directly related to the litigation reasonably incurred by City. The applicant shall likewise agree to indemnify, defend, and hold harmless the indemnified parties from and against any damages, attorneys’ fees, or costs awards, including attorneys’ fees awarded under Code of Civil Procedure section 1021.5, assessed or awarded against the indemnified parties. The Applicant shall 464
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cooperate with the City to enter a Reimbursement Agreement to govern any such reimbursement.

The Applicant shall agree to (without limitation) reimburse the City for all costs incurred in additional investigation or study of, or for supplementing, redrafting, revising, or amending, any document (such as an Environmental Impact Report, negative declaration, specific plan, or general plan amendment) if made necessary by proceedings challenging the project approvals and related environmental review, if the applicant desires to continue to pursue the project.

The Applicant shall agree that the City shall have no liability to the Applicant for business interruption, punitive, speculative, or consequential damages.

17. NOTICE OF FEES, DEDICATIONS, RESERVATIONS, OR OTHER EXACTIONS The Conditions of Project Approval set forth herein may include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020(d) (1), these Conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions. You are hereby further notified that the 90-day approval period in which you may protest these fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If you fail to file a protest within this 90-day period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions.

PASSED AND ADOPTED at a special meeting of the City Council of the City of Cupertino this 21st day of June, 2023, by the following vote:

Members of the City Council
AYES:

NOES:

ABSENT:

ABSTAIN:

SIGNED:
________
Hung Wei, Mayor
City of Cupertino
________________________
Date
ATTEST:
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________________________
Kirsten Squarcia, City Clerk
________________________
Date
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RESOLUTION NO. ________

A RESOLUTION OF THE CUPERTINO CITY COUNCIL

APPROVAL OF A USE PERMIT
FOR A PROPOSED MIXED-USE DEVELOPMENT WITH 34
RESIDENTIAL UNITS, 7,595 SQ. FT. COMMERCIAL SPACE, AND
THE REMOVAL AND REPLACEMENT OF 51 DEVELOPMENT
TREES. LOCATED AT 1655 S. DE ANZA BLVD. (APN: 366-10-061, -126) __________________________________________________________________ ________________________________________________________ SECTION I: PROJECT DESCRIPTION
Application No.: U-2021-001
Applicant: Carlson Chan (Prospect Venture LLC)
Property Owner: Prospect Venture, LLC
Location: 1655 S. De Anza Blvd. (APNs 366-10-061, -126) SECTION II: FINDINGS FOR A USE PERMIT:

WHEREAS, the City of Cupertino received an application for a Use Permit as described in Section I of this resolution; and
WHEREAS, the proposed project, including the Use Permit, is fully described and analyzed in the Initial Study and proposed Mitigated Negative Declaration (State Clearinghouse No. 2022100314) (“IS/MND”) for the Project; and WHEREAS, on May 23, 2023 the Planning Commission recommended on a 5-0 vote that the City Council adopt the Mitigated Negative Declaration (EA-2022-005) and approve the Development Permit (DP-2021-002) in substantially similar form to the Resolution presented (Resolution Nos. 2023-08, -09), approve the Architectural and Site Approval Permit (ASA-2021-004) in substantially similar form to the Resolution presented(Resolution No. 2023-10), approve the Tree Removal Permit (TR-2022-006) in substantially similar form to the Resolution presented (Resolution No. 2023-13), approve the Use Permit (U-2021-001) in substantially similar form to the Resolution presented (Resolution No. 2023-012), and approve the Vesting Tentative Map (TM-2021-003), in substantially similar form to the Resolution presented (Resolution No. 2023-011); and WHEREAS, all necessary public notices having been given as required by the City of Cupertino Municipal Code and the Government Code, and the Planning Commission held at least one public hearing in regard to this application, and 467
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WHEREAS, on June 21, 2023, the City Council held a public hearing to consider the Project; and
WHEREAS, the City Council of the City of Cupertino is the decision-making body for this Resolution; and
WHEREAS, the applicant has met the burden of proof required to support the application for a Development Permit.; and
WHEREAS, on __________, 2023, the City Council adopted Resolution No. 23-______ adopting the Mitigated Negative Declaration for the proposed project, adopting and incorporating into the Project, and implementing as conditions of approval all of the mitigation measures for the project that are identified in the Final Initial Study/Mitigated Negative Declaration, and adopting the Mitigation Monitoring and Reporting Program for the Project and Resolution No. 23-______ approving the Development Permit for the proposed project; and
WHEREAS, the City Council finds as follows with regard to this application:

WHEREAS, the applicant has met the burden of proof required to support the application for a Use Permit; and
WHEREAS, the City Council finds as follows with regard to this application:
a) The proposed development, at the proposed location, will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare, or convenience; The project is consistent with the land use designations in the General Plan, Zoning Ordinance, and the South Saratoga-Sunnyvale Road Conceptual Zoning Plan. It has been designed to be compatible with and respectful of adjoining land uses, including but not limited to wide setbacks from the single-family residences on the western property line, as well as providing landscaping along the building frontages to help mitigate any massing impacts.

Further, the City’s environmental consultant, Place Works, prepared an Initial Study, titled “1655 South De Anza Boulevard Mixed-Use Project Initial Study, October 2022,” which determined that any significant impacts can be reduced to less than significant levels through the inclusion of mitigation measures. Pursuant to this determination, a Mitigated Negative Declaration (MND) was prepared, finding that the City can rely on the adopted Environmental Protection Standards (Chapter 17.04) being applied as Conditions of Approval to minimize any impacts in several areas such as Biological Resources, Cultural Resources, and Noise. The MND further identifies project specific mitigation measures in the areas of Noise and Transportation, to reduce the potential environmental impacts of the project to less than significant levels. Therefore, the project will not be detrimental or injurious to properties or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare, or convenience.
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b) The proposed development will be located and conducted in a manner in accord with the Cupertino General Plan and the purpose of the City’s zoning ordinances.

The General Plan land use designation for the property is Commercial/Office/Residential. The proposed use is consistent with the General Plan in terms of use, density and slope line setback.

The applicant is requesting waivers for height and setback, as well as an alternate parking standard as allowed per the Density Bonus Ordinance (CMC 19.56). The proposed development has met the applicable development standards of the South Saratoga-Sunnyvale Road Conceptual Zoning Plan, including rear setbacks adjacent to single-family residential uses. The City’s environmental consultant, Place Works, prepared an Initial Study titled, “1655 South De Anza Boulevard Mixed-Use Project Initial Study, October 2022,” which determined that any significant impacts can be reduced to less than significant levels.

Pursuant to this determination, a Mitigated Negative Declaration (MND) was prepared, finding that the City can rely on the adopted Environmental Protection Standards (Chapter

17.04) being applied as Conditions of Approval to minimize any impacts in several areas such as Biological Resources, Cultural Resources, Noise.. The MND further identifies project specific mitigation measures in the in the areas of Noise and Transportation, to reduce the potential environmental impacts of the project to less than significant levels.

NOW, THEREFORE, BE IT RESOLVED:

That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter and the Addendum, subject to the conditions which are enumerated in this Resolution beginning on PAGE 7 thereof, and those contained in all other Resolutions approved for this Project.

The application for a Use Permit, Application No. U-2021-002, is hereby approved, and that the conclusions upon which the findings and conditions specified in this Resolution are based are contained in the Public Hearing record concerning Application no. U-2021- 002 as set forth in the Minutes of the City Council Meeting of June 21, 2023 Meeting, and are incorporated by reference as though fully set forth herein.

SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.

1. APPROVED EXHIBITS
Approval is based on the plan set dated July 19, 2022 consisting of 72 sheets labeled as 1655 S De Anza Boulevard, A.1– A.46, C1.0 – C10.0, L1 – L5, and E.000-E.103, drawn by Dahlin Group, Sandis, Ripley Design Group, FTF Engineering, and 469
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Emerald City Engineers, except as may be amended by conditions in this resolution.

2. ACCURACY OF PROJECT PLANS
The applicant/property owner is responsible to verify all pertinent property data including but not limited to property boundary locations, building setbacks, property size, building square footage, any relevant easements and/or construction records. Any misrepresentation of any property data may invalidate this approval and may require additional review.

3. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file nos. EA-2022-005, TR-2022-006, TM2021-003, DP-2021-002, and ASA-2021-004 shall be applicable to this approval.

4. ANNOTATION OF THE CONDITIONS OF APPROVAL
The conditions of approval set forth shall be incorporated into and annotated on the first page of the building plans.

5. USE APPROVAL AND PROJECT AMENDMENTS
Approval is hereby granted to allow a residential use in a Planned Development zone that was not allocated units as a Priority Housing Site. The Planning Commission shall review amendments to the project considered major by the Director of Community Development.

6. CONSULTATION WITH OTHER DEPARTMENTS
The applicant is responsible to consult with other departments and/or agencies with regard to the proposed project for additional conditions and requirements.

Any misrepresentation of any submitted data may invalidate an approval by the Community Development Department.

7. INDEMNIFICATION
As part of the application, to the fullest extent permitted by law, the applicant shall agree to indemnify, defend with the attorneys of the City’s choice, and hold harmless the City, its City Council, and its officers, employees, and agents (collectively, the “indemnified parties”) from and against any liability, claim, action, cause of action, suit, damages, judgment, lien, levy, or proceeding (collectively referred to as “proceeding”) brought by a third party against one or more of the indemnified parties or one or more of the indemnified parties and the applicant related to any Ordinance, Resolution, or action approving the project, the related entitlements, environmental review documents, finding or determinations, or any other permit or approval authorized for the project. The 470
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indemnification shall include but not be limited to damages, fees, and costs awarded against the City, if any, and cost of suit, attorneys’ fees, and other costs, liabilities, and expenses incurred in connection with such proceeding whether incurred by the Applicant, the City, or the parties initiating or bringing such proceeding.

The applicant shall agree to (without limitation) reimburse the City its actual attorneys’ fees and costs incurred in defense of the litigation. Such attorneys’ fees and costs shall include amounts paid to the City’s outside counsel and shall include City Attorney time and overhead costs and other City staff overhead costs and any costs directly related to the litigation reasonably incurred by City. The applicant shall likewise agree to indemnify, defend, and hold harmless the indemnified parties from and against any damages, attorneys’ fees, or costs awards, including attorneys’ fees awarded under Code of Civil Procedure section 1021.5, assessed or awarded against the indemnified parties. The Applicant shall cooperate with the City to enter a Reimbursement Agreement to govern any such reimbursement.

The Applicant shall agree to (without limitation) reimburse the City for all costs incurred in additional investigation or study of, or for supplementing, redrafting, revising, or amending, any document (such as an Environmental Impact Report, negative declaration, specific plan, or general plan amendment) if made necessary by proceedings challenging the project approvals and related environmental review, if the applicant desires to continue to pursue the project.

The Applicant shall agree that the City shall have no liability to the Applicant for business interruption, punitive, speculative, or consequential damages.

8. NOTICE OF FEES, DEDICATIONS, RESERVATIONS, OR OTHER EXACTIONS The Conditions of Project Approval set forth herein may include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020(d) (1), these Conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions. You are hereby further notified that the 90-day approval period in which you may protest these fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If you fail to file a protest within this 90-day period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions. 471
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PASSED AND ADOPTED at a special meeting of the City Council of the City of Cupertino this 21st day of June, 2023, by the following vote:

Members of the City Council
AYES:

NOES:

ABSENT:

ABSTAIN:

SIGNED:
________
Hung Wei, Mayor
City of Cupertino
________________________
Date
ATTEST:
________________________
Kirsten Squarcia, City Clerk
________________________
Date
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RESOLUTION NO. ________

A RESOLUTION OF THE CUPERTINO CITY COUNCIL

APPROVING A VESTING TENTATIVE MAP MERGING TWO

PARCELS TO CREATE TWELVE PARCELS ALLOW A PROPOSED
MIXED-USE DEVELOPMENT WITH 34 RESIDENTIAL UNITS, 7,595
SQ. FT. COMMERCIAL SPACE, AND THE REMOVAL AND
REPLACEMENT OF 51 DEVELOPMENT TREES. LOCATED AT 1655 S.

DE ANZA BLVD. (APN: 366-10-061, -126)
______________________________________________________________________________ ____________________________________________________________________ SECTION I: PROJECT DESCRIPTION
Application No.: TM-2021-003
Applicant: Carlson Chan (Prospect Venture LLC)
Property Owner: Prospect Venture, LLC
Location: 1655 S. De Anza Blvd. (APNs 366-10-061, -126) SECTION II: FINDINGS FOR A TENTATIVE MAP:

WHEREAS, the City of Cupertino received an application for a Development Permit as described in Section I of this resolution; and
WHEREAS, the proposed project, including the Development Permit, is fully described and analyzed in the Initial Study and proposed Mitigated Negative Declaration (State Clearinghouse No. 2022100314) (“IS/MND”) for the Project; and WHEREAS, on May 23, 2023 the Planning Commission recommended on a 5-0 vote that the City Council adopt the Mitigated Negative Declaration (EA-2022-005) and approve the Development Permit (DP-2021-002) in substantially similar form to the Resolution presented (Resolution Nos. 2023-08, -09), approve the Architectural and Site Approval Permit (ASA-2021-004) in substantially similar form to the Resolution presented(Resolution No. 2023-10), approve the Tree Removal Permit (TR-2022-006) in substantially similar form to the Resolution presented (Resolution No. 2023-13), approve the Use Permit (U-2021-001) in substantially similar form to the Resolution presented (Resolution No. 2023-012), and approve the Vesting Tentative Map (TM-2021-003), in substantially similar form to the Resolution presented (Resolution No. 2023-011); and WHEREAS, all necessary public notices having been given as required by the City of Cupertino Municipal Code and the Government Code, and the Planning Commission held at least one public hearing in regard to this application, and 473
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WHEREAS, on June 21, 2023, the City Council held a public hearing to consider the Project; and
WHEREAS, the City Council of the City of Cupertino is the decision-making body for this Resolution; and
WHEREAS, the applicant has met the burden of proof required to support the application for a Tentative Map; and
WHEREAS, the applicant has met the burden of proof required to support the application for a Development Permit.; and
WHEREAS, on __________, 2023, the City Council adopted Resolution No. 23-______ adopting the Mitigated Negative Declaration for the proposed project, adopting and incorporating into the Project, and implementing as conditions of approval all of the mitigation measures for the project that are identified in the Final Initial Study/Mitigated Negative Declaration, and adopting the Mitigation Monitoring and Reporting Program for the Project, Resolution No. 23-_______ approving the Use Permit; Resolution No. 23- ______ approving the Development Permit and Resolution No. 23-______ approving the Architectural and Site Approval Permit for the proposed project; and WHEREAS, the City Council finds as follows with regard to this application:
a. That the proposed subdivision map is consistent with the City of Cupertino General Plan.

The subject property is consistent with the General Plan since the property is permitted to have up to 15 dwelling units an acre and the project qualifies for a density bonus. The proposed development is consistent with the intent of the policies of the General Plan for a high-density, mixed-use development on this site.
b. That the design and improvements of the proposed subdivision are consistent with the General Plan and specific plans.

The off-site improvements are consistent with the City’s General Plan policies related to pedestrian and bicycle safety by improving Prospect Road, minimizing curb-cuts, and requiring an urban tree canopy within the public right-of-way. The project is also consistent with the General Plan's design requirements, since the project qualifies for waivers for height and front setback.
c. That the site is physically suitable for the type of development.

The proposed tentative map is compatible with the adjoining land uses and no physical constraints are present that would conflict with anticipated land use development. There are no topographical anomalies that differentiate this property from adjacent properties. 474
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The site is located on the valley floor, as well as not listed within any environmentally sensitive zone.
d. That the site is physically suitable for the proposed density of development.

The subject property is physically suitable in size and shape in conformance to development standards and is appropriately configured to accommodate a multi-unit mixed-used development featuring both rental and owner-occupied housing types. e. That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat.

The design of the subdivision and proposed improvements are not likely to substantially injure fish and wildlife or their habitat because the property is a developed site and located in an urbanized area where residential land use is allowed. f. That the design of the subdivision or the type of improvements associated therewith are not likely to cause serious public health problems.

The proposed subdivision design and improvements are not likely to cause serious public health problems since. the proposed development is consistent with the intent of the policies of the General Plan for a high-density, mixed-use development on this site, and the on-site and off-site improvements required will improve neighborhood walkability through improved sidewalk construction with size-appropriate driveway cuts and street and private trees planting.
g. That the design of the subdivision and its associated improvements will not conflict with easements acquired by the public at-large for access through or use of property within the proposed subdivision.

No easement or right-of-way currently exists that would be impeded or conflict with the proposed subdivision.

NOW, THEREFORE, BE IT RESOLVED:

That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter and the MND, subject to the conditions which are enumerated in this Resolution beginning on PAGE 4 thereof, and those contained in all other Resolutions approved for this Project
The application for a Vesting Tentative Map, Application No. TM-2021-003, is hereby approved, and that the subconclusions upon which the findings and conditions specified in this Resolution are based are contained in the Public Hearing record concerning 475
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Application No. TM-2021-003 as set forth in the Minutes of the City Council Meeting of June 21, 2023 meeting, and are incorporated by reference as though fully set forth herein.

SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.

1. APPROVED EXHIBITS
Approval is based on the plan set dated July 19, 2022 consisting of 72 sheets labeled as 1655 S De Anza Boulevard, A.1– A.46, C1.0 – C10.0, L1 – L5, and E.000-E.103, drawn by Dahlin Group, Sandis, Ripley Design Group, FTF Engineering, and Emerald City Engineers, except as may be amended by conditions in this resolution.

2. ACCURACY OF PROJECT PLANS
The applicant/property owner is responsible to verify all pertinent property data including but not limited to property boundary locations, building setbacks, property size, building square footage, any relevant easements and/or construction records. Any misrepresentation of any property data may invalidate this approval and may require additional review.

3. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file nos. EA-2022-005, TR-2022-006, DP2021-002, U-2021-002, and ASA-2021-004 shall be applicable to this approval.

4. ANNOTATION OF THE CONDITIONS OF APPROVAL
The conditions of approval set forth shall be incorporated into and annotated on the first page of the building plans.

5. CONSULTATION WITH OTHER DEPARTMENTS
The applicant is responsible to consult with other departments and/or agencies with regard to the proposed project for additional conditions and requirements.

Any misrepresentation of any submitted data may invalidate an approval by the Community Development Department.

6. INDEMNIFICATION
As part of the application, to the fullest extent permitted by law, the applicant shall agree to indemnify, defend with the attorneys of the City’s choice, and hold harmless the City, its City Council, and its officers, employees, and agents (collectively, the “indemnified parties”) from and against any liability, claim, action, cause of action, suit, damages, judgment, lien, levy, or proceeding (collectively referred to as “proceeding”) brought by a third party against one or 476
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more of the indemnified parties or one or more of the indemnified parties and the applicant related to any Ordinance, Resolution, or action approving the project, the related entitlements, environmental review documents, finding or determinations, or any other permit or approval authorized for the project. The indemnification shall include but not be limited to damages, fees, and costs awarded against the City, if any, and cost of suit, attorneys’ fees, and other costs, liabilities, and expenses incurred in connection with such proceeding whether incurred by the Applicant, the City, or the parties initiating or bringing such proceeding.

The applicant shall agree to (without limitation) reimburse the City its actual attorneys’ fees and costs incurred in defense of the litigation. Such attorneys’ fees and costs shall include amounts paid to the City’s outside counsel and shall include City Attorney time and overhead costs and other City staff overhead costs and any costs directly related to the litigation reasonably incurred by City. The applicant shall likewise agree to indemnify, defend, and hold harmless the indemnified parties from and against any damages, attorneys’ fees, or costs awards, including attorneys’ fees awarded under Code of Civil Procedure section 1021.5, assessed or awarded against the indemnified parties. The Applicant shall cooperate with the City to enter a Reimbursement Agreement to govern any such reimbursement.

The Applicant shall agree to (without limitation) reimburse the City for all costs incurred in additional investigation or study of, or for supplementing, redrafting, revising, or amending, any document (such as an Environmental Impact Report, negative declaration, specific plan, or general plan amendment) if made necessary by proceedings challenging the project approvals and related environmental review, if the applicant desires to continue to pursue the project.

The Applicant shall agree that the City shall have no liability to the Applicant for business interruption, punitive, speculative, or consequential damages.

7. NOTICE OF FEES, DEDICATIONS, RESERVATIONS, OR OTHER EXACTIONS The Conditions of Project Approval set forth herein may include certain fees, dedication requirements, reservation requirements, and other exactions.

CITY ENGINEER'S CERTIFICATE OF

ACCEPTANCE OF ENGINEERING/SURVEYING CONDITIONS
(Section 66474.18 California Government Code)
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I hereby certify that the engineering and surveying conditions specified in Section IV. of this Resolution conform to generally accepted engineering practices. ___________________________
Chad Mosley, Interim Director of Public Works
City Engineer CA License 66077
PASSED AND ADOPTED at a special meeting of the City Council of the City of Cupertino this 21st day of June, 2023, by the following vote:

Members of the City Council
AYES:

NOES:

ABSENT:

ABSTAIN:

SIGNED:
________
Hung Wei, Mayor
City of Cupertino
________________________
Date
ATTEST:
________________________
Kirsten Squarcia, City Clerk
________________________
Date
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RESOLUTION NO. ____

A RESOLUTION OF THE CUPERTINO CITY COUNCIL
APPROVING A TREE REMOVAL PERMIT TO REMOVE, AND FITYONE (51)

DEVELOPMENT TREES TO ACCOMMODATE A PROPOSED MIXED-USE
DEVELOPMENT WITH 34 RESIDENTIAL UNITS, 7,595 SQ. FT. COMMERCIAL SPACE. LOCATED AT 1655 S. DE ANZA BLVD. (APN: 366-10-061, -126) ______________________________________________________________________________ _____________________________________________________________ SECTION I: PROJECT DESCRIPTION
Application No.: TR-2022-006
Applicant: Carlson Chan (Prospect Venture LLC)
Property Owner: Prospect Venture, LLC
Location: 1655 S. De Anza Blvd. (APNs 366-10-061, -126) SECTION II: FINDINGS FOR TREE REMOVAL:

WHEREAS, the Planning Commission of the City of Cupertino received an application for a Tree Removal Permit as described in Section I of this resolution; and WHEREAS, the proposed project, including the Tree Removal Permit, is fully described and analyzed in the Initial Study and proposed Mitigated Negative Declaration (State Clearinghouse No. 2022100314) (“IS/MND”) for the Project; and WHEREAS, on May 23, 2023 the Planning Commission recommended on a 5-0 vote that the City Council adopt the Mitigated Negative Declaration (EA-2022-005) and approve the Development Permit (DP-2021-002) in substantially similar form to the Resolution presented (Resolution Nos. 2023-08, -09), approve the Architectural and Site Approval Permit (ASA-2021-004) in substantially similar form to the Resolution presented(Resolution No. 2023-10), approve the Tree Removal Permit (TR-2022-006) in substantially similar form to the Resolution presented (Resolution No. 2023-13), approve the Use Permit (U-2021-001) in substantially similar form to the Resolution presented (Resolution No. 2023-012), and approve the Vesting Tentative Map (TM-2021-003), in substantially similar form to the Resolution presented (Resolution No. 2023-011); and WHEREAS, all necessary public notices having been given as required by the City of Cupertino Municipal Code and the Government Code, and the Planning Commission held at least one public hearing in regard to this application, and 479
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WHEREAS, on June 21, 2023, the City Council held a public hearing to consider the Project; and
WHEREAS, the City Council of the City of Cupertino is the decision-making body for this Resolution; and
WHEREAS, the applicant has met the burden of proof required to support the application for a Development Permit.; and
WHEREAS, on __________, 2023, the City Council adopted Resolution No. 23-______ adopting the Mitigated Negative Declaration for the proposed project, adopting and incorporating into the Project, and implementing as conditions of approval all of the mitigation measures for the project that are identified in the Final Initial Study/Mitigated Negative Declaration, and adopting the Mitigation Monitoring and Reporting Program for the Project, Resolution No. 23-_______ approving the Use Permit; Resolution No. 23- ______ approving the Development Permit; Resolution No. 23-______ approving a Vesting Tentative Map and Resolution No. 23-______ approving the Architectural and Site Approval Permit for the proposed project; and
WHEREAS, the City Council finds as follows with regard to this application:
a) That the location of the trees restricts the economic enjoyment of the property by severely limiting the use of property in a manner not typically experienced by owners of similarly zoned and situated property, and the applicant has demonstrated to the satisfaction of the approval authority that there are no reasonable alternatives to preserve the tree(s).

To accommodate for the new development’s structures, walkways and internal street network to public open spaces, the existing trees cannot be preserved in their locations. The applicant proposes replacement trees throughout the site in conformance with the Municipal Code Ordinance requirements and proposes to locate the replacements where tree coverage is needed, while preserving virtually all the trees that are not within the development area of the project site.

NOW, THEREFORE, BE IT RESOLVED:

That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter and the MND, subject to the conditions which are enumerated in this Resolution, beginning on PAGE 4 herein, and subject to the conditions contained in all other Resolutions approved for this Project
The application for an Architectural and Site Approval, Application No. TR-2022-006, is hereby approved, and that the subconclusions upon which the findings and conditions specified in this Resolution are based are contained in the Public Hearing record 480
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concerning Application no. TR-2022-006 as set forth in the Minutes of the City Council Meeting of June 21, 2023 Meeting, and are incorporated by reference as though fully set forth herein.

SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.

1. APPROVED EXHIBITS
Approval is based on the plan set dated July 19, 2022 consisting of 72 sheets labeled as 1655 S De Anza Boulevard, A.1– A.46, C1.0 – C10.0, L1 – L5, and E.000-E.103, drawn by Dahlin Group, Sandis, Ripley Design Group, FTF Engineering, and Emerald City Engineers, except as may be amended by conditions in this resolution.

2. ACCURACY OF PROJECT PLANS
The applicant/property owner is responsible to verify all pertinent property data including but not limited to property boundary locations, building setbacks, property size, building square footage, any relevant easements and/or construction records. Any misrepresentation of any property data may invalidate this approval and may require additional review.

3. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file nos. EA-2022-005, DP-2021-002, TM-2021- 003, U-2021-002, and ASA-2021-004 shall be applicable to this approval.

4. ANNOTATION OF THE CONDITIONS OF APPROVAL
The conditions of approval set forth shall be incorporated into and annotated on the first page of the building plans.

5. TREE RETENTION
If possible, retain the mature Italian Cypresses along the western property line (trees 24 – 36, 38-40, and 41 – 54 on Sheet L6) to provide ample privacy protection to the rear yards of the adjoining single-family residences, by modifying the on-site grading. If this is not possible, replace the trees with Privacy Planting trees or shrubs as identified in the Privacy Planting list (maintained by the Planning Department) used in R1 zoning districts.

6. TREE REPLACEMENT SIZE
The applicant shall provide adequate tree replacements for trees proposed to be removed in conformance with the replacement guidelines per Cupertino Municipal Code Section 14.18.160. The size of the proposed replacement trees shall be modified 481
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as follows to be consistent with the City’s Protected Tree Ordinance unless deemed infeasible by the City’s Consulting Arborist:
a. Diameter of trunk size of removed tree up to 12 inches shall be replaced with one 24-inch box tree;
b. Over 12 inches and up to 36 inches shall be replaced by two 24-inch box tree or one 36-inch box tree; and
c. Over 36 inches shall be replaced with one 36-inch box tree.

If it is determined that it is physically not feasible to plant the required replacements trees, the Applicant may pay in-lieu fees determined to be appropriate by the Community Development Director.

7. ARBORIST REVIEW
Prior to building permit issuance, the number, location and species of trees shall be reviewed and approved by the City in consultation with the City’s Consulting Arborist.

The replacement trees shall be planted prior to building permit final. The Applicant shall provide the Department of Community Development adequate documentation, including, but not limited to, photographs, receipts or invoices, to verify that replacements have been planted. The City’s consulting arborist shall inspect the trees after planting and a report ascertaining the good health of the trees mentioned above shall be provided prior to issuance of final occupancy.

8. TREE PROTECTION
a. As part of the demolition or building permit drawings, a tree protection plan shall be prepared by a certified arborist for the trees to be retained. In addition, the following measures shall be added to the protection plan:
 For trees to be retained, chain link fencing and other root protection shall be installed around the dripline of the tree prior to any project site work.  No parking or vehicle traffic shall be allowed under root zones, unless using buffers approved by the Project Arborist.
 No trenching within the critical root zone area is allowed. If trenching is needed in the vicinity of trees to be retained, the City’s consulting arborist shall be consulted before any trenching or root cutting beneath the dripline of the tree.
 Wood chip mulch shall be evenly spread inside the tree projection fence to a four-inch depth.
 Tree protection conditions shall be posted on the tree protection barriers.  Retained trees shall be watered to maintain them in good health. 482
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 A covenant on the property shall be recorded that identifies all the protected trees, prior to final occupancy.
b. The tree protection measures shall be inspected and approved by the certified arborist prior to issuance of building permits.
c. The City’s consulting arborist shall inspect the trees to be retained and shall provide reviews prior to issuance of demolition, grading or building permits. d. A report ascertaining the good health of the trees mentioned above shall be provided prior to issuance of final occupancy.

9. PROTECTED TREES
The applicant understands that the replacement trees may not be removed without a Tree Removal Permit and that they shall be responsible for ensuring the proper maintenance and care of the trees. The applicant shall also disclose the location and species of all replacement trees on site upon sale of the property.

10. CONSULTATION WITH OTHER DEPARTMENTS
The applicant is responsible to consult with other departments and/or agencies with regard to the proposed project for additional conditions and requirements. Any misrepresentation of any submitted data may invalidate an approval by the Community Development Department.

11. INDEMNIFICATION
As part of the application, to the fullest extent permitted by law, the applicant shall agree to indemnify, defend with the attorneys of the City’s choice, and hold harmless the City, its City Council, and its officers, employees, and agents (collectively, the “indemnified parties”) from and against any liability, claim, action, cause of action, suit, damages, judgment, lien, levy, or proceeding (collectively referred to as “proceeding”) brought by a third party against one or more of the indemnified parties or one or more of the indemnified parties and the applicant related to any Ordinance, Resolution, or action approving the project, the related entitlements, environmental review documents, finding or determinations, or any other permit or approval authorized for the project. The indemnification shall include but not be limited to damages, fees, and costs awarded against the City, if any, and cost of suit, attorneys’ fees, and other costs, liabilities, and expenses incurred in connection with such proceeding whether incurred by the Applicant, the City, or the parties initiating or bringing such proceeding.

The applicant shall agree to (without limitation) reimburse the City its actual attorneys’ fees and costs incurred in defense of the litigation. Such attorneys’ fees and costs shall include amounts paid to the City’s outside counsel and shall 483
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include City Attorney time and overhead costs and other City staff overhead costs and any costs directly related to the litigation reasonably incurred by City. The applicant shall likewise agree to indemnify, defend, and hold harmless the indemnified parties from and against any damages, attorneys’ fees, or costs awards, including attorneys’ fees awarded under Code of Civil Procedure section 1021.5, assessed or awarded against the indemnified parties. The Applicant shall cooperate with the City to enter a Reimbursement Agreement to govern any such reimbursement.

The Applicant shall agree to (without limitation) reimburse the City for all costs incurred in additional investigation or study of, or for supplementing, redrafting, revising, or amending, any document (such as an Environmental Impact Report, negative declaration, specific plan, or general plan amendment) if made necessary by proceedings challenging the project approvals and related environmental review, if the applicant desires to continue to pursue the project.

The Applicant shall agree that the City shall have no liability to the Applicant for business interruption, punitive, speculative, or consequential damages.

12. NOTICE OF FEES, DEDICATIONS, RESERVATIONS, OR OTHER EXACTIONS The Conditions of Project Approval set forth herein may include certain fees, dedication requirements, reservation requirements, and other exactions.

PASSED AND ADOPTED at a special meeting of the City Council of the City of Cupertino this 21st day of June, 2023, by the following vote:

Members of the City Council
AYES:

NOES:

ABSENT:

ABSTAIN:

SIGNED:
________
Hung Wei, Mayor
City of Cupertino
________________________
Date
ATTEST:
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________________________
Kirsten Squarcia, City Clerk
________________________
Date
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2055 GATEWAY PLACE SUITE 525 SAN JOSE CA 95110
WWW.PROPRIIS.COM
March 9th, 2021
Erick Serrano
Senior Planner City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014-3202
Subject: Density Bonus Waiver Request: 1655 S. De Anza Boulevard and 7357 Prospect Road Dear Erick:

This letter outlines the request for Density Bonus Waivers for the project located at 1655 S. De Anza Boulevard. (aka “the project”)
Existing use: The parcel is an “L” shaped lot with frontage on both S. De Anza Boulevard and Prospect Road. There is an occupied building with on-grade parking accessed from S. De Anza Boulevard and Prospect Road. All existing structures and paving are to be removed.

Proposed use: A new mixed-use project to include (34) residential units and approximately 7,600 square feet of commercial/retail area. The commercial/retail space will be combined into a 3-story mixed-use building that will also include (23) residential apartments. The remaining (11) residential units will be within 3-story townhomes located behind the mixed-use building and on the portion of the site that extends to Prospect Road. All vehicular parking will be located at grade, with 31 commercial parking spaces, 37 covered apartment parking spaces, 9 uncovered apartment parking spaces, and 22 townhome parking spaces in private garages.

Density Bonus Waivers
The project is requesting the following waivers, which are necessary to the development of the project. The waivers are:
• Reduced setback along De Anza Boulevard from 50’-0’’ to 35’-0’’. • Increase in building height for the mixed-use building from 30’-0’’ to 52’-5-1 /2’’ to the top of the elevator tower.
• Density bonus reduction of parking standards
o Use of tandem parking for 2 apartment units and 7 townhome units. o Reduced parking ratio for townhomes from 2.8 spaces per unit to 2 spaces per unit.
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The following discussion outlines the reasons the Density Bonus Waivers are necessary to allow for the construction of the project per the established project program:
• The height increase in the mixed-use building allows an increase to the density of the site.

This density allows the project to offer a mix of housing choices and affordability that will permit the viability of the development as a whole. The factors that affect this viability are:
o Product Mix: The project provides a supportable and focused product mix that responds to the housing shortage and housing market currently faced by the City of Cupertino. In addition to Market Rate housing, it provides Below Market Rate housing. By adding the height to Building, and increasing building density, the numbers of both market rate and below market rate units are increased.
o Construction Efficiency: By consolidating the mixed-use building into one taller structure, efficiencies in construction are created. Multiple floors comprised of stacking units, with a consolidated parking garage, building support systems, common areas and amenities, utility connections, trash rooms, elevator, and reduced building skin area are elements that denser developments achieve to provide construction savings and impact project viability.
o Retail Viability: Positioning a greater number of residents immediately adjacent to retail will provide the opportunity for more support of the retail frontage the project residents, and reduce the need for reliance on commuters to the site to generate retail sales. There will be clear opportunities to place neighborhood focused retail in the same complex.

This will permit the residents in the project to easily walk to retail shops and services.

Concentrating retail here provides the best opportunity for it to become financially viable. o A “Walkable” Community: Creating a greater concentration of residential units at the eastern hub of the site promotes walkable access to the retail stores, nearby amenities, public transportation, and the bike routes. The need to use one’s own vehicle is reduced when there are nearby community resources within close proximity. These social elements create a more desirable location for families. o Density Bonus Alternate Parking Standards: California’s Density Bonus Law allows for a reduction in parking requirements, which will permit the reduction of the size of the on-grade parking garage. This will have a positive economic and environmental impact to the project.
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• Without the height increase and setback waivers for the mixed-use building, the project would be forced to reduce the variety of housing offered, making it more difficult to build and to finance, for the following reasons:
o A total of 12 units, including 2 Below Market Rate units, would not be able to be constructed. This would be a reduction of approximately 35% of the project’s units. o Construction efficiencies would be lost as on-grade parking garages, amenity spaces, building support systems, elevator, building envelope area, etc. would need to be changed.
o Fewer of the units would be immediately adjacent to the project’s retail offerings, which could negatively impact the viability and type of retail offered. o Any positive effect of the Density Bonus Alternate Parking Standards is reduced when multiple level garages need to be created. The off-haul of soils is also increased. o The cost of an affordable townhome unit would be several hundred thousand dollars greater than the mixed-use building. Thus, there are very clear “identifiable and actual” cost savings for the construction of the affordable housing, so the requirement of Section 65915(d) is satisfied.
o We could not fit any more units on-site with the current program. The removal of the top third floor of the mixed-use building would remove 11 units on the 3rdfloor, and then 1 unit on the 2nd floor to re-locate the roof terrace, which would compromise the economic viability of the project and mix of housing offered.
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Waiver for Mixed-Use Building Height Limit
• Per Cupertino standards, natural grade is determined from the existing sidewalk elevation.

Along the length of the mixed-use building, finished grade elevation rises 56.5", and for required site drainage, the lowest point of the building finished floor is 5.5" above natural grade. This means at the far side of the building, the garage floor level is already 62" above natural grade, effectively lowering the allowed height of the building to 24'-10" over the floor of the parking garage, if the 30'-0" height limit is maintained. The minimum floor to floor height needed in the parking garage is 11'-0", which would only leave 13'-10" of building height for the residential apartment units and roof structure above the garage. This building height would limit the building to two stories in height and require the removal of 11 apartments on the 3rd floor and an additional apartment on the 2nd floor in order to relocate the roof terrace for the required apartment common open space. • The building heights we are proposing are the minimum building heights needed to provide the unit density on site.
o A 15’-6” floor to floor height is required for the commercial use to allow for a dropped ceiling for mechanical, plumbing and electrical routing. Additionally, floor elevation rises

40.75" across the commercial space of the building, which already is creating limited ceiling heights in the commercial space to west.
o 9’-0" minimum plate heights are required on the 2nd and 3rd levels for the apartment dwelling units, in order to route utilities through dropped ceilings in the corridors, and to conceal mechanical equipment and duct work in the apartment units. Combined with floor and roof framing, this requires a minimum building height of 37'-11" from the existing curb height at the sidewalk along De Anza Boulevard, measured to the ridge of the roof framing.
o Additionally, the roof terrace above the 3rd level is needed to comply with the common open space requirements for the apartment dwelling units. This requires an elevated paver system above the finished roofing, and full stair and elevator access to the roof level. The minimum required building height to the top of the roof over the elevator shaft is 52'-5 1/2" from the existing curb height at the sidewalk along De Anza Boulevard. 575
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Waiver for 35'-0" Building Setback at De Anza Boulevard • The proposed mixed-use building cannot fit on-site with a 50'-0" landscape setback at De Anza Boulevard. The townhomes and their rear yard setback, the 22' wide drive aisle, the parking garage, apartment resident lobby, and 7,595 sq.ft. of commercial space can only fit if the alternate 35’-0” setback from the South Saratoga / Sunnyvale Planning Area (South De Anza) Conceptual Zoning Plan is used.
o In order to fit all of the required parking for the apartment dwelling units, the parking garage needs to fit 37 parking spaces, a 22' wide drive aisle, a trash room, electrical room and an exit stair in 140'-4".
o After the apartment resident lobby and all utility rooms are accounted for, there is only 7,595 sq.ft. of commercial space that can fit within the 35'-0" setback. The 50'-0" setback would reduce available commercial area further by roughly 1,200 sq.ft. to 6,395 sq.ft. o The 50'-0" setback would also reduce rent-able apartment area by roughly 1,200 sq.ft. per floor, or 2,400 sq.ft. total.

Reduced Parking Standards per Cupertino Density Bonus Zoning Standards, Sec. 19.56.040.C. • If a housing development is eligible for density bonus as provided in Section 19.56.020, upon request of the applicant, the maximum off-street parking standards that can be applied to the housing portion of the development, inclusive of handicapped and guest parking are indicated in Table 19.56.040B. These may include tandem and uncovered parking spaces but not on-street parking spaces.
• In order to provide the required density of housing, the parking standards need to be reduced by the following:
o Townhome parking ratio for 3-bedroom homes will be 2 parking spaces for each unit, per Table 19.56.040B.
o Seven (7) townhome units require tandem parking spaces in their private garages. o Two (2) apartment units require tandem parking spaces in the mixed-use building parking garage. All apartment parking spaces will be assigned. 576
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Waivers
The waiver provision states:
“In no case may a city, county, or city and county apply any development standard that will have the effect of physically precluding the construction of a development meeting the criteria of subdivision (b) [affordability percentage] at the densities or with the concessions or incentives permitted by this section.” (Sec. 65915(e)(1)).

Since the Density Bonus Law amendments make it clear that the density “permitted by this section” can include the base density, even with zero bonus units, it is obvious that an applicant need not show that waivers are needed for the density bonus units themselves, but rather for the Project as a whole as designed by the applicant’s architect.

Furthermore, the case law establishes unambiguously that the applicant does not have to establish that the project could not be built in some other way that would lessen the need for waivers. There is no authority that allows the City to look at alternate designs. This law was clearly established in the leading case of Wollmer v. City of Berkeley (2011), 193 Cal. App. 4th 1329, 1347, in which project opponents challenged the grant of waivers, arguing that the project could have been redesigned to avoid the need for them. The Court rejected this challenge, holding that waivers must be granted for a development that meets the criteria of the Density Bonus Law, with the design and amenities chosen by the applicant, and that the design is not subject to second-guessing by opponents.

The city is required to grant the concession unless it “makes a written finding, based upon substantial evidence, of any of the following”:
(A) The concession or incentive does not result in identifiable and actual cost reductions, consistent with subdivision (k), to provide for affordable housing costs, as defined in Section 50052.5 of the Health and Safety Code, or for rents for the targeted units to be set as specified in subdivision (c).
(B) The concession or incentive would have a specific adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5, upon public and health and safety or the physical environment or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact without rendering the development unaffordable to low-income and moderate-income households. (C) The concession or incentive would be contrary to state or federal law. (Sec. 65915 (d)).

These findings cannot be made for the Project, so the requested waivers must be granted. 577
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• Conclusion
In summary, this is an exemplary project that will revitalize an inefficient, aging shopping center, and transform it into a variety of needed housing types for the City, including market rate and affordable units, along with ancillary retail uses.

It deserves support and approval on its merits.

Very truly yours,
Propriis,
Brandon Arioli
Email: [email protected]
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BMR Program
1655 S De Anza Blvd Cupertino Project
2055 GATEWAY PLACE SUITE 525 SAN JOSE CA 95110
WWW.PROPRIIS.COM
Community Development Department
City of Cupertino
10300 Torre Avenue
Cupertino, CA, 95014
Re: 1655 S. De Anza Housing Development Project Application Affordable Housing Plan
1655 S. De Anza Blvd. & 7357 Prospect Rd. (APNs 366-10-061 & 126) Development Permit, File# Dp-2021-002
Architectural and Site Approval, File# ASA-2021-004
Use Permit, File# U-2021-001
Tentative Map Permit, File# TM-2021-003
Tree Removal Permit, File # TR-2022-006
To Whom It May Concern:

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