Cupertino City Council
July 6, 2023

COTTON, SHIRES AND ASSOCIATES, INC.

APPENDIX A – FIELD INVESTIGATION
Logs of Small-Diameter Boreholes
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COTTON, SHIRES AND ASSOCIATES, INC.

LOG OF EXPLORATORY DRILLING
Project
Location
Drilling Contractor/Rig
Ground Surface Elev.

Surface
Logged By
Boring
Project No.

Date of Drilling
Hole Diameter
Weather
Remarks
Depth
(feet)
Graphic
Log
USCSClass.

Sheet 1 of 2
C S HIRES AND ASSOCIATES, INC. CONSULTING ENGINEERS AND GEOLOGISTS OTTON,
Geotechnical Description
Sample
Desig.

Moisture
Content (%)
SPT
Blows/ft
Sample
Type
Recov.
(%)
TRH
Dry Unit
Weight(pcf)
Regnart Road CSA / B-1
G5048
12/20/2018
Driller: Paul Britton
Helpers: Sergio + Dave
Start Time = 09:10
Britton Exploration / CME 550 Tracked Rig
8" HSA
Asphalt road Sunny, Clear
1 2
3 4
5 6
7 8
9 10
11 12
13 14
1 2
3 4
5 6
7 8
9 10
11 12
13 14
11 17
15 MC
T-1
T-2
7 5
5 MC
T-3
T-4
5 7
4 T-5 MC
T-6
7 12
15 T-7 MC
T-8
5 4
3 T-9 MC
T-10
Af

0.0'-4.0': ARTIFICIAL FILL

3.0'-4.0' Silty Sand - Dark brown, medium
dense,
SM
5" AC
Af - Gravelly Silty Sand - Gray-brown,
medium dense, dry
Sandstone
(SM)

6.5'-20.0': WEATHERED SANTA
CLARA QTsc

6.5'-11.0' Silty Sandstone - Dark brown,
medium dense, rootlets, oxidized

11.0'-15.0' Claystone - Dark brown, soft,
moist, high plasticity, oxidized, soil-like Claystone
SM

4.0'-6.5': COLLUVIUM Qc

4.0'-6.5' Silty Sand - Dark brown, loose
SM
STN 29 + 65
105 11.5
88 18.0
22 7
8 18
5 504.5'
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Project Boring
Remarks
Depth
(feet)
Graphic
Log
USCSClass.

Sheet 2 of 2
Date
C S HIRES AND ASSOCIATES, INC. CONSULTING ENGINEERS AND GEOLOGISTS OTTON,
16 17
18 19
20 21
22 23
24 25
26 27
28 29
30 31
Geotechnical Description
Sample
Desig.

Moisture
Content (%)
SPT
Blows/ft
Sample
Type
Recov.
(%)
Dry Unit
Weight(pcf)
CSA / B-1
16 17
18 19
20 21
22 23
24 25
26 27
28 29
30 31
12/20/2018
Finished sampling
@ 10:15
Regnart Road / G5048
2 4
6 T-11 MC
T-12
8 17
18 MC
T-13
T-14
16 43
50/4
MC
T-15
T-16
15 50/6
MC
T-17
T-18
Total Depth = 31.0'
No GW Encountered

20.0'-BOH: SANTA CLARA QTsc

15.0'-20.0' Weathered Claystone -
Blue-gray, wet, weak, oxidized

20.0'-BOH Claystone - Gray, weak, friable,
interbedded brown silt, slight oxidation
-- Silty with fine sand
-- Dusky brown, black
85 37.1 TX/CU Ø'=38.7°
7 24
63/10"
34/6"
Claystone
Claystone
(CH)
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COTTON, SHIRES AND ASSOCIATES, INC.

LOG OF EXPLORATORY DRILLING
Project
Location
Drilling Contractor/Rig
Ground Surface Elev.

Surface
Logged By
Boring
Project No.

Date of Drilling
Hole Diameter
Weather
Remarks
Depth
(feet)
Graphic
Log
USCSClass.

Sheet 1 of 2
C S HIRES AND ASSOCIATES, INC. CONSULTING ENGINEERS AND GEOLOGISTS OTTON,
Geotechnical Description
Sample
Desig.

Moisture
Content (%)
SPT
Blows/ft
Sample
Type
Recov.
(%)
TRH
Dry Unit
Weight(pcf)
Regnart Road CSA / B-2
G5048
12/20/2018
Driller: Paul Britton
Helpers: Sergio + Dave
Start Time = 10:35
Britton Exploration / CME 550 Tracked Rig
8" HSA
Asphalt road Sunny, Clear
1 2
3 4
5 6
7 8
9 10
11 12
13 14
1 2
3 4
5 6
7 8
9 10
11 12
13 14
13 22
18 MC
T-1
T-2
11 18
19 T-3 MC
T-4
7 10
14 T-5 MC
T-6
8 10
24 T-7 MC
T-8
Af

0.0'-4.0': ARTIFICIAL FILL
SM
5" AC
Af - Gravelly Silty Sand - Tan-brown,
medium dense, dry

4.0'-7.5' Silty Sand - Brown, medium dense,
dry

4.0'-7.5': COLLUVIUM

7.5'-10.5' Sandy Siltstone - Tan-brown, stiff,
moist, oxidized
SM

10.5'-15.0' Silty Sandy Claystone -
Dark-brown, stiff, moist, oxidized

7.5'-15.0': WEATHERED SANTA
CLARA QTsc
STN 29 + 15
111 10.3
110 10.9
27 25
16 23
Siltstone
(ML)
Claystone
(CL)
499.0'
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Project Boring
Remarks
Depth
(feet)
Graphic
Log
USCSClass.

Sheet 2 of 2
Date
C S HIRES AND ASSOCIATES, INC. CONSULTING ENGINEERS AND GEOLOGISTS OTTON,
16 17
18 19
20 21
22 23
24 25
26 27
28 29
30 31
Geotechnical Description
Sample
Desig.

Moisture
Content (%)
SPT
Blows/ft
Sample
Type
Recov.
(%)
Dry Unit
Weight(pcf)
CSA / B-2
16 17
18 19
20 21
22 23
24 25
26 27
28 29
30 31
12/20/2018
Finished sampling
@ 11:35
Regnart Road / G5048
25 50/6
MC
T-9
15 28
50/3
MC
T-10
T-11
T-12 50/5 MC
Total Depth = 25.5'
GW @19' BGS

15.0'-20.0' Silty Sandstone - Olive-gray,
very dense, moist, unoxidized

20.0'-BOH Weathered Claystone - Dark
gray, weak, friable

15.0'-BOH: SANTA CLARA QTsc
123 12.4
91 32.4 TX/CU Ø'=32.3°
34/6"
53/9"
34/5"
Siltstone
(SM)
Claystone
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COTTON, SHIRES AND ASSOCIATES, INC.

LOG OF EXPLORATORY DRILLING
Project
Location
Drilling Contractor/Rig
Ground Surface Elev.

Surface
Logged By
Boring
Project No.

Date of Drilling
Hole Diameter
Weather
Remarks
Depth
(feet)
Graphic
Log
USCSClass.

Sheet 1 of 2
C S HIRES AND ASSOCIATES, INC. CONSULTING ENGINEERS AND GEOLOGISTS OTTON,
Geotechnical Description
Sample
Desig.

Moisture
Content (%)
SPT
Blows/ft
Sample
Type
Recov.
(%)
TRH
Dry Unit
Weight(pcf)
Regnart Road CSA / B-3
G5048
12/20/2018
Driller: Paul Britton
Helpers: Sergio + Dave
Start Time = 11:57
Britton Exploration / CME 550 Tracked Rig
8" HSA
Asphalt road Sunny, Clear
1 2
3 4
5 6
7 8
9 10
11 12
13 14
1 2
3 4
5 6
7 8
9 10
11 12
13 14
4 9
9 T-1 MC
T-2
4 5
9 T-3 MC
T-4
2 3
3 T-5 MC
T-6
3 5
7 T-7 MC
T-8
Af

0.0'-4.0': ARTIFICIAL FILL
SM
5" AC
Af - Silty Gravelly Sand - Tan-brown, loose,
dry

4.0'-7.0' Silty Sandy Clay - Dark-brown, stiff,
dry to moist

4.0'-10.5': COLLUVIUM
CL
-- Clay layer
SM Silty Sand - Brown, medium dense, dry,
trace gravels, rootlets
CL
SC 7.0'-10.5' Clayey Sand - Brown, very loose,
wet, high plasticity
-- Blue-gray, rootlets

10.5'-15.0' Highly Weathered Claystone -
Blue-gray, medium stiff

10.5'-15.0': WEATHERED SANTA
CLARA QTsc
STN 28 + 78
LL=40, PI=20
Sieve: 1.9% Gravel,

36.6% Sand, 33.1% Silt,

28.4% Clay
LL=45, PI=25
Sieve: 10.8% Gravel,

41.2% Sand, 23.0% Silt,

24.8% Clay
12 10
4 8
110 8.7
105 17.7
101 24.6
Claystone
(CL)
495.1'
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Project Boring
Remarks
Depth
(feet)
Graphic
Log
USCSClass.

Sheet 2 of 2
Date
C S HIRES AND ASSOCIATES, INC. CONSULTING ENGINEERS AND GEOLOGISTS OTTON,
16 17
18 19
20 21
22 23
24 25
26 27
28 29
30 31
Geotechnical Description
Sample
Desig.

Moisture
Content (%)
SPT
Blows/ft
Sample
Type
Recov.
(%)
Dry Unit
Weight(pcf)
CSA / B-3
16 17
18 19
20 21
22 23
24 25
26 27
28 29
30 31
12/20/2018
Finished sampling
@ 12:49
Regnart Road / G5048
10 30
50/6
T-9 MC
T-10
50/5
50/5
T-11 MC
SPT-1 SPT
Total Depth = 21.0'
GW @ 19' BGS

15.0'-20.0' Claystone - Blue-gray,
unweathered, unoxidized
-- Gravelly, very dense, saturated

15.0'-BOH: SANTA CLARA QTsc
117 16.3 Claystone
54 50/5"
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COTTON, SHIRES AND ASSOCIATES, INC.

APPENDIX B - LABORATORY TEST RESULTS
Grain Size Determination
Atterberg Limits
Triaxial Compression Tests
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SIZE FINER PERCENT (X=NO)
SIEVE PERCENT SPEC.* PASS?
Project No:

Project:

Client:

Location: Elev./Depth:

Sample No.: Source of Sample: Date:

Remarks
Classification
Coefficients
Atterberg Limits
Soil Description
*
USCS= AASHTO=
Cu= Cc=
D30= D15= D10=
D85= D60= D50=
PL= LL= PI=
Particle Size Distribution Report
10 20
30 40
50 60
70 80
90 0
100

PERCENT FINER
500 100 10 1 0.1 0.01 0.001
GRAIN SIZE - mm
% COBBLES % GRAVEL % SAND % SILT % CLAY 6 in. 3 in. 2 in. 1-1/2 in. 1 in. 3/4 in. 1/2 in. 3/8 in. #4#10 #20 #30 #40 #60 #100 #140 #200

0.0 1.9 36.6 33.1 28.4
026-688 Figure
Regnart Rd - G5048
Cotton, Shires & Associates

4.5-5'
T-3 B-3 2/20/19
CL

0.0025

0.565 0.0673 0.0280
20 40 20
Olive Brown Sandy Lean CLAY
(no specification provided)

COOPER TESTING LABORATORY
100.0

98.1 92.4

85.4 82.9

79.6 70.7

61.5 56.8

50.9 47.2

43.4 40.4

37.5 34.7

31.6 29.1

25.1 3/8 in.
#4
#10
#30
#40
#50
#100
#200
#270

0.0309 mm.

0.0199 mm.

0.0117 mm.

0.0084 mm.

0.0060 mm.

0.0043 mm.

0.0030 mm.

0.0022 mm.

0.0013 mm.
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SIZE FINER PERCENT (X=NO)
SIEVE PERCENT SPEC.* PASS?
Project No:

Project:

Client:

Location: Elev./Depth:

Sample No.: Source of Sample: Date:

Remarks
Classification
Coefficients
Atterberg Limits
Soil Description
*
USCS= AASHTO=
Cu= Cc=
D30= D15= D10=
D85= D60= D50=
PL= LL= PI=
Particle Size Distribution Report
10 20
30 40
50 60
70 80
90 0
100

PERCENT FINER
500 100 10 1 0.1 0.01 0.001
GRAIN SIZE - mm
% COBBLES % GRAVEL % SAND % SILT % CLAY 6 in. 3 in. 2 in. 1-1/2 in. 1 in. 3/4 in. 1/2 in. 3/8 in. #4#10 #20 #30 #40 #60 #100 #140 #200

0.0 10.8 41.4 23.0 24.8
026-688 Figure
Regnart Rd - G5048
Cotton, Shires & Associates

7.5-8'
T-5 B-3 2/20/18
SC

0.0053

2.96 0.182 0.0890
20 45 25
Olive Brown Lean Clayey SAND
(no specification provided)

COOPER TESTING LABORATORY
100.0

93.2 89.2

81.3 73.9

71.1 67.3

57.1 47.8

43.9 41.3

37.5 35.1

32.7 30.6

29.3 28.2

25.4 22.8
3/4 in.
3/8 in.
#4
#10
#30
#40
#50
#100
#200
#270

0.0310 mm.

0.0200 mm.

0.0117 mm.

0.0084 mm.

0.0060 mm.

0.0043 mm.

0.0030 mm.

0.0022 mm.

0.0013 mm.
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Project:

Project No. Client: Remarks:

MATERIAL DESCRIPTION LL PL PI %<#40 %<#200

LIQUID AND PLASTIC LIMITS TEST REPORT
Source: B-3 Sample No.: T-3 Elev./Depth: 4.5-5'
Figure

LIQUID AND PLASTIC LIMITS TEST REPORT

COOPER TESTING LABORATORY
USCS
026-688 Cotton, Shires & Associates
Olive Brown Sandy Lean CLAY 40 20 20 82.9 61.5 CL
Regnart Rd - G5048
Source: B-3 Sample No.: T-5 Elev./Depth: 7.5-8'
Olive Brown Lean Clayey SAND 45 20 25 71.1 47.8 SC
5 10 20 25 30 40 32
36 40
44 48
52 NUMBER OF BLOWS

WATER CONTENT
10 30 50 70 90 110

LIQUID LIMIT
10 20
30 40
50 60

PLASTICITY INDEX
4 7 CL-ML
CL or OL
CH or OH
ML or OL MH or OH
Dashed line indicates the approximate
upper limit boundary for natural soils
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Specimen 1 2 3 4
Boring B-1
Sample T-12
Depth 16-16.5
Visual
Description
OLIve Brown CLAY
(Silty) w/ Claystone
fragments
MC (%) 37.1
Dry Density (pcf) 85.2
Saturation (%) 98.9
Void Ratio 1.051
Diameter (in) 2.42
Height (in) 5.03
MC (%) 35.9
Dry Density (pcf) 87.2
CTL Number: Saturation (%) 100.0
Client Name: Void Ratio 1.005
Project Name: Diameter (in) 2.41
Project Number: Height (in) 4.97
Date: 2/4/2019 By: MD/DC Cell Pressure (psi) 87.1
Total C 0.000 ksf Back Pressure (psi) 69.7
Total phi 23.4 degrees
Eff. C 0.000 ksf Strain (%) 5.0
Eff. Phi 38.7 degrees © Deviator (ksf) 2.929
Excess PP (psi) 10.2
Sigma 1 (ksf) 3.970
Sigma 3 (ksf) 1.040
P (ksf) 2.505
Q (ksf) 1.465
Stress Ratio 3.815
Rate (in/min) 0.0004
Consolidated Undrained Triaxial Compression with Pore Pressure ASTM D4767
Regnart Rd
G5048
Final
Effective Stresses At:
026-688
Cotton, Shires & Associates
0 5
10 15
0 510 15 20 25 30
Shear Stress, ksf
Normal Stress, ksf
Total Tangent
Effective Tangent
0 500
1000
1500
2000
2500
3000
3500
4000
0 510 15 20 25
Deviator Stress, psf
Strain, %
Stress-Strain Response
Specimen 1
Specimen 2
Specimen 3
Specimen 4
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Specimen 1 2 3 4
Boring B-2
Sample T-11
Depth 20.5-21
Visual
Description
Very Dark Gray
CLAY
MC (%) 32.4
Dry Density (pcf) 91.3
Saturation (%) 99.2
Void Ratio 0.914
Diameter (in) 2.41
Height (in) 5.02
MC (%) 34.4
Dry Density (pcf) 89.1
CTL Number: Saturation (%) 100.0
Client Name: Void Ratio 0.963
Project Name: Diameter (in) 2.44
Project Number: Height (in) 4.99
Date: 2/4/2019 By: MD/DC Cell Pressure (psi) 97.7
Total C 0.000 ksf Back Pressure (psi) 69.4
Total phi 22.6 degrees
Eff. C 0.000 ksf Strain (%) 5.0
Eff. Phi 32.3 degrees © Deviator (ksf) 4.950
Excess PP (psi) 12.4
Sigma 1 (ksf) 7.225
Sigma 3 (ksf) 2.275
P (ksf) 4.750
Q (ksf) 2.475
Stress Ratio 3.176
Rate (in/min) 0.0004
G5048
Final
Effective Stresses At:
026-688
Cotton, Shires & Associates
Regnart Rd
Consolidated Undrained Triaxial Compression with Pore Pressure ASTM D4767
0 5
10 15
0 510 15 20 25 30
Shear Stress, ksf
Normal Stress, ksf
Total Tangent
Effective Tangent
0 1000
2000
3000
4000
5000
6000
7000
8000
9000
10000
0 510 15 20 25
Deviator Stress, psf
Strain, %
Stress-Strain Response
Specimen 1
Specimen 2
Specimen 3
Specimen 4
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Attachment B – California Department of Fish and Wildlife Permit Conditions For Reference Only
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Measure Number Measure Name Requirement Responsibility

1.1.1 and 1.1.2
Documentation at Project Site LSAA Agreement, extensions and amendments to the Agreement, and all related notification materials and CEQA documents must be readily available at the Project site at all times and copies of the Agreement must be distributed to all persons working on the Project at the Project site.

Contractor

1.1.5 Notification of Commencement
and Completion of Work
Permittee shall notify CDFW within 5 working days of beginning work and within 5 working days of completion of work for each construction season covered in the Agreement.

WRA

2.2.1 Work Period
Work within the stream banks and riparian corridor is restricted to April 15 - October 15.

Riparian restoration plantings and seeding work using hand tools do not fall in this restriction, but must be completed within the wet season the same year following completion of the Project. (Plantings may be postponed until February 28 of the year immediately following impacts if there is insufficient rain prior to December 31) Contractor

2.2.10 Spoils No spoils except where described in the Agreement Contractor

2.2.11 Imported Materials Do not import, move, or remove any rock, gravel, and/or other materials within the streambed or banks except as described in the Agreement
Contractor

2.2.12 Debris - Exclusion from Channel Keep debris from entering channel or banks. Remove any debris that has entered channel or banks.

Contractor

2.2.13 Contaminants Keep any contaminant hazardous to aquatic life from entering the soil and/or Waters of the State. Immediate removal of contaminants if they are placed or fall within jurisdictional areas.

Contractor

2.2.14 Spill Containment All activities within 50ft of watercourse must have absorbent materials on-site for accidental spills. Spills must be reported to California Emergency Management Agency immediately at 1- 800-852-7550. CDFW must be notified of spill/cleanup status the same day.

Contractor

2.2.15 Hazardous Spill Plan A hazardous spill plan must be developed prior to construction. Implementation and notifications to appropriate agencies will be performed by the contractor.

Contractor

2.2.16 Concrete - Exclusion from
Wetted Channel
Poured concrete needs 30 days curing time before coming into contact with wetted stream. If curing not possible, pH range of 6.5-8.3 can be allowed exposure to wetted stream. Sealants or curing accelerant can be applied to concrete surface (no wetted stream contact until sealant is cured)
Contractor

2.2.17 Concrete - Designated Monitor A monitor designated by the Permittee shall monitor all concrete pouring along the western bank of Regnart Creek
WRA
Regnart Road CDFW LSAA Permit Conditions
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2.2.18 Concrete Wash Area Permittee or contractor shall not allow concrete washwater and debris to enter the active stream. Concrete wash area facilities need to be inspected daily and following heavy rain to check for leaks and identigy any damage to plastic linings and/or sidewalls.

Contractor

2.2.19 Revegetation Areas of bare ground resulting from construction activities shall be revegetated with native grasses listed below. Permittee requires written approval from CDFW of any changes made to the revegetation methods.

Meadow barley (Hordeum brachyantherum ssp. californicum) Blue wildrye (Elymus glacus)
California brome (Bromus carinatus)
Creeping wildrye (Elymus triticoides)
California oatgrass (Danthonia californica)
Califonia melic (Melica californica)
Locally native wildflower seeds can be included in the seed mix.

WRA

2.2.20 Erosion Control Methods Erosion protection is required in areas where vegetation cannot be expected to re-establish.

Erosion protection can't include plastic monofilament netting or similar material.

Erosion protection can include coconut coir matting, straw/coconut fiber erosion blankets, straw wattles, or tackified hydroseeding compounds. Erosion control must blend with the natural contours of the stream bank. Erosion control measures must be monitored during and after each storm event, and modifications, repairs, and improvements shall be made whenever they are needed.

Contractor

2.2.21 Erosion Control Installation
Time Period
All erosion control plantings, seeding, and materials must be installed as soon as possible after Project activities in those areas cease. Seeding placed after October 15 must be covered with broadcast straw, jute netting, coconut fiber blanket, or similar erosion control blanket.

WRA

2.2.22 Bank Stabilization Permittee must conduct a feasibility study to determine appropriate methods to remediate the bank erosion. This may include partial or full removal of the sacked concrete wall. Feasibility study report is due to CDFW for review and comment within 6 months of execution of this Agreement and a final report is due within 1 year of execution of this Agreement.

WRA

2.2.23 Invasive Plant Removal and
Revegetation
Remove invasive vegetation from the City of Cupertino property along the western bank of Regnart Creek between the culvert crossings immediately north and south of the Project site.

Revegetate all areas of bare soil with native plants (see Measure 2.2.19) WRA

2.2.24 CDFW-Approved Qualified
Biologist(s) and Biological
Monitor(s)
Permittee must submit the names and resumes of all biologists and biological monitors involved in conducting survey and/or monitoring work at least 30 days prior to initiating fish and wildlife surveys.

WRA

2.2.25 Training Session for Personnel The qualified biologist must conduct an education program for all persons employed on the Project prior to performing work activities. Interpretion services must be provided for nonEnglish speaking workers. Copies of the Agreement must be maintained at the work site with the Project supervisor. Employees must sign an affidavit stating they completed the training and understand all protection measures.

WRA
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2.2.26 Pre-Construction Fish and
Wildlife Surveys
The qualified biologist must conduct pre-construction surveys for the presence of special-status fish and wildlife species within 48 hours prior to each phase of construction work within the Project area.

If state or federally listed species are found, the qualified biologist must contact CDFW and USFWS or NMFS and all work must cease until guidance or approval is received. Kristin Garrison or the CDFW Bay Delta Region office must be notified within four hours if any state-listed species are found.

WRA

2.2.27 Special-Status Species
Monitoring During Work
Construction personnel shall monitor for special-status species during Project activities. If found, work will stop and the on-call qualified biologist will be contacted. CDFW will be notified for guidance.

If there is imminent danger of special-status species from Project activities, the qualified biologist must relocate the individual(s) a minimum of 250 ft away from construction activities if the individual(s) do not move out of the work area on their own. CDFW must be notified prior to relocation.

Contractor + WRA

2.2.28 Special-Status Species
Encountered During Work
In addition to Measure 2.2.27 above, CESA and/or ESA listed species may only be relocated by a biologist with the necessary permits issued by CDFW, USFWS, and/or NMFS. CDFW must be notified within 24 hours of relocation activities.

WRA

2.2.29 San Francisco Dusky-Footed
Woodrat
Prior to the beginning of construction activities, a biological monitor will conduct surveys for SFDWR.

If nests are found, a clearly marked 50-foot buffer will be established. If an identified nest can't be avoided within the buffer, the Permittee is required to develop and implement a SFDWR relocation plan. The plan shall be submitted to CDFW 30 days prior to commencement of activities that will take place within the 50-foot buffer.

WRA

2.2.3 and 2.24
Work Period in Dry Weather
Only - Check Forecast
Forecasts must be documented.

No construction activities when the National Weather Service 72-hour forecast indicates a 30% or higher chance of precipitation. Construction activities can resume when precipitation ceases and the 72-hour forecast indicates a 30% or less chance of precipitation. No work can be done within 24 hours of a rain event that produces 0.2 inches or greater of rain. If less than 0.2 inches of rain, additional erosion control measures may be necessary before resuming work within 24 hours of the rain event.

All necessary erosion control measures need to be implemented 12 hours prior to the onset of precipitation.

Contractor

2.2.30 - 2.2.33
Nesting Bird Surveys and Nest
Protection
If work will take place between January 15 to September 15, a qualified biologist shall conduct two surveys for active nests within 14 days prior to the beginning of construction. A final survey shall be conducted within 48 hours prior to construction. Lapses in Project-related activities of 15 days or longer will require another survey.

WRA

2.2.34 CRLF and Black Salamander -
Vegetation Removal
Where heavy equipment will be used and understory vegetation removed, the Permittee must remove vegetation prior to conducting Project work.

Understory vegetation must be removed only with non-mechanized hand tools.

Contractor
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2.2.35 CRLF and Black Salamander -
Capture Techniques
A qualified biologist must use nets or bare hands to relocate or handle these species if imminent danger to individual(s) is apparent (Measures 2.2.27 and 2.2.28).

WRA

2.2.36 No Hollow Open-ended Posts or
Pipes
No exposed hollow open-ended posts or pipes shall be installed, stored, or staged in a vertical position unless capped, screened or filled with material Contractor

2.2.37 Posts with Exposed Perforations Vertical posts with exposed perforations within the top 6 inches of the post must be permanently filled or capped
Contractor

2.2.38 Entrapment - Pipes All construction pipes, culverts, hoses, or similar structures stored overnight at the construction site must be securely capped prior to storage and checked for wildlife prior to being moved or used.

Sensitive species must be allowed to leave the pipe on their own.

Contractor

2.2.39 Entrapment - Trenches and Pile
Holes
All trenches and pile holes must be covered at the end of each work day. A ramp of 30 degrees or less may be placed within holes or trenches where covering is not possible. Ramps may be constructed of dirt fill, wood planking, or other suitable material.

Contractor

2.2.40 Tree and Shrub Trimming Hand tools shall be used to trim vegetation to the extent necessary fo gain access to work sites.

Larger equipment used for vegetation trimming requires written approval from CDFW prior to use.

Contractor

2.2.41 Habitat Protection No vegetation outside of construction corridor may be removed or damaged prior to consultation and approval by CDFW
Contractor

2.2.5 Final Construction Plans Permittee shall submit final Project construction plans, designs, and specifications to CDFW within 30 calendar days prior to the start of Project implementation WRA

2.2.6 Notification of Changes to
Plans
Permittee must notify CDFW if plans are modified in writing 30 calendar days prior to change implementation if the changes are large. Minor changes can be resolved with a phone call or email to CDFW.

WRA

2.2.7 Work Area Delineation Work area must be flagged within the stream, riparian, and wetland areas. Flagging must be removed within 5 days of completion of construction work. Access paths and staging need to be adequately temporarily fenced or flagged.

WRA

2.2.8 Staging Equipment Staging and storage areas for all equipment, materials, fuels, lubricants, and solvents need to be located outside of the stream, riparian, floodplain, and wetland areas. Hi-vis temporary construction fencing, erosion control, and daily equipment inspections must be used or performed to protect sensitive resources. Stationary equipment need to be positioned over drip pans and checked and maintained daily. Vehicles must be a minimum of 300 feet from the stream, riparian, or wetland habitat before refueling and lubrication. Drip pans and absorbent material must be used around equipment.

Contractor

2.2.9 Phytophthora - Sanitation
Protocol
Prior to entry in work area, vehicles must stay on established roads whenever possible. Travel on roads must be avoided during the wet season (Oct 15 - April 15) or when the road is wet enough that soil will stick to tires and undercarriages. Exteriors and interiors of all vehicles, construction equipment, and tools must be free of debris, soil, and mud. Work shoes must be kept clean and free of debris, mud, and soil prior to moving to a new work area Contractor
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3.3.1 As-Builts Due to CDFW within 90 calendar days of completion of Project construction work.

A report explaining any changes made to the final design plans (including impacts) is also required.

Contractor + WRA

3.3.2 Construction and Revegetation
Status Report
Construction and re-vegetation status report due to CDFW on or before December 31 of the year of construction and planting completion
WRA

3.3.3 California Natural Diversity
Database
Sensitive-species observed during Project surveys, implementation, or mitigation and monitoring work must be submitted to CNDDB within 5 working days of the sightings. Copies of the CNDDB forms and survey maps must be submitted to CDFW Region 3.

Contractor + WRA
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a a a ' "" '- " ;'-" - ' " a- REGNART ROAD IMPROVEMENTS PHASE I " 1"7'-"" -:-::Th:J-x=t;a -"::;:'Q"'7 I 00% PLANS
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l All ii oik ih41 bs In aimiilants iiilh lba Slalt iii C.ilifiimia I.tpaibiiml of Tr.nirpotlatloh Stairdard gphaft+altoni (lhlvi! htltllon. as tmtn+lttl) and Qianilaid Pl.iiii 11tlsj rditiiin at eiidxd) aiid (.ii) o! Cupi.itiiio St.uiilard Ol!1.1111 Tht (_ohlradot ihhll pulorm lht itotk dtttitbttl in Iht ip+diiatioii. .11111 .1! ibown on the di.iwuigi. ad jo jht ialltlactloii al flit City Eiitti 2 lAhpt,p:Vaill:IulhIm};tlphltn,c!ul+h!alll%,:i:II:u(:Iloh;oQll:p:::lnC:nnllT)ulp:blO:lmhlO!:Illp:(nq!uiblIl:ill7almal;aOl,7:adl:o:Flora;D:ma:I:kp!.(.7k:I:.;::kffl:l!lyloonllcffl%pl:.lntl:, Slaiid.ird Dtl.iilb or jhse impiovemtiilt plani flit City Eiiginnti ihall have uit authoiily lo nqukt tutli modtfletUon or tltpgtute and to ipaaQa the mannei hi whith Iht h ii io be eompkltd. at jbt iolt expenit oj lht Ctr or Conlratjot " W"';ff,'a'!all'{oe:'::'d':'ua'll'l:l""Ilol!"iii"O'["tV';lO'p:Io:J!:oii:'I"{"('ex"p'0"ii'l'l'obl:l:y"'l'D'co"!i'doui"a"lt"It':I't"it:"'a"':l"tl');oI'OV;:7}"ttl'tt'a"lit:!'lh':'U':I'll'l'7::ll')'.otn::on' wd to pioiaitlt appiiival Itusi ai ipqutittd
4 Ij thall bt ihe ietpiindbihjy of Iht Ciiiiliaelot to sntu+z Ihii approved planh or Iho laltit ievlied plans trt iumlihnd to Ili tubt'omiai(ort. atd to ensuii thi lair+t appiovtd pl ini -IIII omits at all tiiiii's duiuig contituelton 9 Thi Coiitiacjot ihall iiolify Ilie Cijy of Ciip*illno I%blli Wotki Inipicjoi mii (2) ii oikuig dayi prior jo irqulttng .111 lnipttllon Ctll 1408) '17 3}(11 jii itbtduln Public 1%tki mipeellons
6 ConitmcrioiiaieatiallittiinlialtltvituihalltiiiiutallidpiloijolizgmniiigatwoA 7 liloli$ City al Cuptrliiio Thallic Signal Malnltn uich for lniptdian of tiJik iignal fadltty foundation rxtat.tliont at (4081 7771%6 hto (!) woikiiig d iyi PIIOI to poiiiing 'iny cibind 01 tignil !ountlitions nlttlng to thr job 8 Thi (_onh'idot ill lomli undriyouiiJ htililiri In jhi 'iir'i of vioik Thi Coiitmciot th'il) honltd Untlttgtnuml Site Al+tl (UgAl tl !!l two (21 ivoil.ing ilayi hi aili uiu at my work jot lat'allon of lbt untltrgtatmd taauttti 9 Alliiiidti@ounilulililltiihallltiii+jallttlandbai.kjilltdbeloirp)rttmtiitolibtbtiiim.itrnalaiidtuilaatlrudutm Ilutlllltetvhjtlit+tvlallttl iubui)uinlly, I 11nlllfi nolitirilion &Om lhl iittcitti utihly (Onp?} iiidltati+ig ill ecmmllntiil jo b5!t iil lunnrl *at bt tubnulted to the Cll) Eiigintti hiloni pioivziluig viilh jht wiiik Undaigiouiiil iilillllri. atttpt iioim diaiiii inil ianlj.u'v itittta iball itol ltt* pprmlllul In p.nemtnl aie.i with jhh rmplion oj ilttrt eoiiingt unlw+ apptovtd by the Cit)i Enguvtt AD AtaQ Di'aln HP Hlgh %lnt - - ') ) - - :L - - -- EXISTING STORM DRAIN 88 gf!'olF'VWa rA'T =ai'ai - -- a - -- EXISTlNtaWATaR BW 8ojtom of Wall LIP 11p @l (iutl*i LP Low %lnt
3 3 paittn cooris - l' " l i(ax IX18T1N(1 EL!eTRIC lOVhI)l e /w Back 01 Walk 4 010 SITEPIAN - :I'D !:t) II[WCTOT!M0RIIIN CM Curb & Ouitei Lt. RI L6+1 Rlght
(O Catch 8aain PUE I%blle Ulllll} Eeutnanl 5 C20 CENTERIINEPROFLE _UD-UD - NEWllNDERDRljN at C*nladinb PSE Publlc Sannis Eatemeni PVC :;' fE!',5? "a' "" RgP R, jaRg'F:eta Plpe a7 : O' "s',T:'s'EcoT",o'N"s"""" " " '- 7 '- ' aal:TilNtia" 'M'lN'OoR' cCo:NiToOuugR 10 All walq linri iali'ei hy*aiili anil appuitznanuii Ihmtii uiitalltil iiilhlii Ihr publii itghlof iirn) ihall be thh ptt+pptlv of Ihr tihjtt ujtlily 11 Sioim&miilint.inita!ledihparlolthewoikoiilhsiplaniihhllbidaizrilofalliltbiltaiitlobilrud+nntpttotlolmhlomplanct 12 All it}iiai batkllll fill aitaii and bath malarial thau aljaln a mmimum 05a* irlaiivi tomp.ichiiii Fat lypteil lllfiai steilOnl exctpl )or +aiillaiv 13 Thi tmtrlopri ihall pay all toili for moiiluih<lmiil) airvs (Calif Ttit No 216E) and any olhxt Isji requlrtd by Ihr Cttv Engkum during rtitrl ----l---l---
pyt,,+ 9u=l!=_!!;n Plp0 HL. e':4,,'!',X :i!"#!'. ti... n..i 11 031 SITE SEOTIONS Ill)1. ?agamanl qqbu .asaaasi a ####l #aa#ll +%} EP Ed(Nl Of PovamOnl SDMH Sl6nill Dfi)In Monhole I I 1% %#+# #ll(%# s+iv i ### FC )nd_(iurra §§MH Siiniioiy Sewer Manhole -'-"'- - - - - - - PROPERTYLlNff 14 2;7 ;;,:, ;: :o,;:g..t::e4: ;:;:g;; y;4o,;:y;W-;::71::".t:',:;',:::'::,l,:;r;: ::v;Sj:;::;:;;by;l;,,,;II::;;;::

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BY T)lff NaW PAOILITlffS IN T+llS CO)tTRACT TO V!:RIPY A(TIIAL 0FPTH AN(I LOCATION : oHff'P"ldt"SE"NT"aA'T"lVoE"'O'OoNT'RA"oCT%'R'S"H'ALoLoP"R'0'To'E(!"T'AoL"'LEXI"o!+"ING"'UTalLITlffSWHtTHER !tlOWN0RNOTANOISRESPONSIBLEPORALLDAMAG!STOEXISTINGIITIIITI!:S I
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21 Coiieett lot uu m all eonehlt ili'uehiiti ihall coiitcmi jo Calitoiiiia Drpzlmpnj oj Tianiportallon Standard Spaifiiatloni btdlon 'XI Drop 11111!11 mdiii alky bi .11111 gutttii ih.ill eoiit.iin (TO Ibi of tzmiiii pet cubii ygd anil thall aual+i a iiiuil+iiiim iseiipih of 'l 000 pit m 28 dayi j IaropiiiltltdullbtcontlntdxilconfomltigloCilySlatid-vilDilailtunltuiilhtrii'iiiiioltdonlhepla'i I)ropWrji.tltallbelnitallhilamymnl with Ihi conilnidloii of flit mib gid guljii No Oumpi+ig )loivi to thn Bay plaqiin ihall be inttallrd on Ihe curb adjrml jo all Inltlt 23 A m+iilmum ihttltittt of lit a (5) indthi of contttlt ihall bv itqulihd for commeiti.il iliii tway.tpptoathti imd four (4) nttbtt lot trtnltmlal 'lbt dtlwiira) appto.iffi ihall bt initallid mntumnt with lhi eonilruitlon of the aiib and guuat 24 0nepoundojilitp+ithigblailih.illliemixzdwilhtathculiliyaidofcontreleallhebaleJlanl 25 CllllSIJldffdSlll!lllghllllMllb@IIIAIIO(I&!equllldb71hODllellll!Olrllblllj{Olk%ad{hlllleOIlf(ltllll(llbllCll7Sladi(lDtL+llt-WINill!} Duiiiig miitlnitllon opeiajioni, jtmliotaty ilrttl iighthig ihall be piovldrd m iizeiizy jo znmnp the pulille t.i% Tempai.iry tltttl lighli +liall 26 City ilaitlatd thwj moiiumtnli thall bi mmt+udrtl at Ihr loeatloiit ihown on Ihh plani or as diiadul b) lht Clty EnBintai 27 Neii City itmiilaiil itihht monumaiti mil oihti ptiin.mtm nnbiiumtnlt diiluibzil duimg coiiitiudioii ihall lir ihpl.ittd bvlatt aatplancp of thx mptovemmli b7 the City Englnttt Alinntlan It ihipttd jii Sedlini 8771 of lltr C.ilifornl.i Bututtit anil I%lhti+oni I_otlt lot flit nqu+ttmtnli tonciiiiuigiunt)'monunviili &lshngturvhymonumhnttih.iubilotaiidandirieiinttdbyotundpilhhilim'lioiiolahciii+itllaniliuiie)or or iigiJtihil dt if hnginpei liilo+ jo con.liutlion oliria+ioni. .vid a coiii*i ittoid or ittoitl of iuivey thill bz fllrd vvilli Ihn Couiily Survhyiii of the County of Qaiila Claia Exiiliiig iuiwy monummlt ihall bi iiarj to fiiiiih gatlv and a tomii ieooiil or iemiil o+ iurvt) ihall be Ill!11 u itli 111} Couiily !%niyor of jbt County of Santa Clza prior to thi nroidiiig nf lht tritllleali of iompltllon for flit l)IOII(l 28 Ciihitiudioniuiyiyijaletotmm'ki(comtolijakh)loedablithluiaiandgratbiihalllxiittbylhtConliattatiruiveyoiottnglnttr 29 Notify the City Inapidm tii o l:') working da)i in a+lvantt Of ihqwliig armm toi dii&iiig tnild *akuig Tliiet (3) topiei of flit air ilittti (11.111 be himiih*d to thn City liiiptdoi
ao (:tadlng Of lojr ihall br tomplhlrd ai ilrjamuiid by the CIIY Thgliilei, at lh51m Oii Iht plaiil aiid ih=ill follow t*qukemrnli anti }l iii(lldl aa (}l fmth ui the City Sl.vidatd I>ailing anil Dr.ilnagt nolz 31 Dtmolilion or tipllt jhiiki tball conloini iQ S-nila Clga Count) Enviionmtnlal Ht-ulh D+1i '+rlmtnl itgul 1110111 lVoik ili ill bt done lirioi to za+iiliudioii
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EXISTING STREET TRENCH RESTORATION
- - --- - - a4AD 11061JY RCE 66077 (MTt 32 Allpubliciiiipiovtmi'mimuitbtcomplejidpiiailootiiipang ll:l ConllXdDI II !lspoii!lbl} to! dull control ind tniu+uig Ih@ wa iiiliivnl to Ihi 1{51k l! left in X ileaii {5iidillon 34 CoiiliadoiihallievirwQlyDrjall64oiilterpioltdionpiloiloaccompliihingaiiyitoikoittmovingaiiylitts 35 Uhlize Btij Maiiagtminj I%aejlvi (BMI' i) aa +rqulrm by lhi Slalr S atii Rsiouitt-a Cimtml Bo.iiJ lii ANY adn Itv iuhlth diiliiik jhe toll 30 A it oik i*idule of @xdmg and llioilon & Stdimem (:onlrol Plan ihall ba pioi itlttl to ffii City iniri by Auguir IR No hiuiidz grading ihhll bi piitoiiiiid lielwten Otlobtt l jo Aptil 15
i7 Au nevi dtd(teal suvlet ipawt{. ph5fi0 an all cabll) thall b@ uiidll@Oinndtd 30 To uiili.ily ieliair of bo+tdi coiihd Ihz laublle Warki liiapedoi rot ruial Inipttliaii 39 All diiwnipoulg to fix iJeaihd to the giound mi'liiw iliitctid iiuav Iram builtliiig faundallom aiid dlrz&d lii liniiliaapad mt'+i 40 Piioi jo btginning any xi ark ivilhui the Public llight at Way Ihs Comiaiiai Will bi iitpontibk litt pulllng w tna'o ti.hment ppmill from tht Public TO BE USED FOR Au PuBuC STORM DRAIN PIPE
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IMPROVEMENT PLANS FOR

REGNART ROAD IMPROVEMENTS
SITES I &2

FOR CITY OF CUPERTINO USE
PROJECT # _ Q

CITY OF
u Q n CUPERTINO mi BR g H5ylH REIDEN
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Regnart Phase I Final Plans
Final Audit Report 2023-04-27
2023-04-27
Julia Kinst ([email protected])
Signed
wxiaWy3vUxyAZaUO8H0
Regnart Phase I Final Plans" History
Document created by Julia Kinst ([email protected])
2023-04-27 - 5:27:31 PM GMT- IP address: 98.97.58.121
Q Document emailed to Chad Mosley ([email protected]) for signature 2023-04-27 - 5:43:28 PM GMT
5 Email viewed by Chad Mosley ([email protected])
2023-04-27 - 6:21:22 PM GMT- IP address: 104.47.74.126
C>B Document e-signed by Chad Mosley ([email protected]) Signature Date: 2023-04-27 - 6:21:49 PM GMT - Time Source: server- IP address: 64.165.34.3 0 Agreement completed.
2023-04-27 - 6:21:49 PM GMT
Povived by
Adobe
Agobat Sign
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ADDENDUM NO. I
Regnart Road Improvements Phase I
PROJECT N0. 2019-08
Bid Opening: June 15,2023 - 2:00 P.M.

Issue Date: June 1, 2023
The following revisions are hereby made to the above referenced project:

1. Add two documents:
a. . '2019-08 Regnart Road Improvements Phase lGeotechnical Report' b. '2019-08 Regnart Road Improvements Phase 1 Environmental Permit' No other changes were made to the Manual and Plan Set.

Only questions received in writing will be accepted for response. Send questions by e-mail to [email protected]@. Questions regarding this project should be sent to the attention of the designated project manager, Evelyn Moron no later than June 9, 2023, at 5:00 PM.

You must indicate receipt of this addendum on the last page of the Proposal. Failure to do so may cause rejection of your bid.

APPROVED BY:

Addendum No. I
Regnart Road Improvements Phase 1
City of Cupertino
Project No. 2019-08
Page I of I
Attachment E
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CUPERTINO
ADDENDUM N0. 2
Regnart Road Improvements Phase I
PROJECT N0. 2019-08
Bid Opening: June 15,2023 - 2:00 P.M.

Issue Date: June 1, 2023
The following revisions are hereby made to the above referenced project:

1. Replace Addendum 1 document:
'2019-08 Regnart Road Improvements Phase lEnvironmental Permit' with
'2019-08 Regnart Road Improvements Phase ICalifornia Department of Fish and Wildlife Streambed Alteration Agreement'
No other changes were made to the Manual and Plan Set.

Only questions received in writing will be accepted for response. Send questions by e-mail to [email protected]. Questions regarding this project should be sent to the attention of the designated project manager, Evelyn Moran no later than June 9, 2023, at 5:00 PM.

You must indicate receipt of this addendum on the last page of the Proposal. Failure to do so may cause rejection of your bid.

APPROVED BY:

Chad Mosley
Acting Director of Public Works/City Engineer
Addendum No. 2
Regnart Road Impmvements Phase 1
City of Cupertino
Project No. 2019-08
Page I of I
Attachment F
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CITY OF CUPERTINO
Agenda Item
23-12329 Agenda Date: 7/6/2023
Agenda #: 12.

Subject: Award a contract for the Creekside Park School Age Play Area to Ross Recreation Equipment, Inc. for the purchase and installation of themed playground equipment.

1. Award an equipment procurement and installation contract for the Creekside Park School Age Play Area (Budget Unit 420-99-085) in the amount of $283,873.50 to Ross Recreation Equipment, Inc. using pricing established through the National Purchasing Partners;

2. Authorize the City Manager to execute an equipment procurement and installation contract when all conditions have been met; and

3. Authorize the Director of Public Works to execute any necessary change orders up to a contingency amount of $28,388 (10%) for a total contract amount of $312,261.50.

CITY OF CUPERTINO Page 1 of 1 Printed on 6/27/2023
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CITY COUNCIL STAFF REPORT
Meeting: July 6, 2023
Subject
Award a contract for the Creekside Park School Age Play Area to Ross Recreation Equipment, Inc. for purchase and installation of themed playground equipment.

Recommended Action

1. Award an equipment procurement and installation contract for the Creekside Park School Age Play Area (Budget Unit 420-99-085) in the amount of $283,873.50 to Ross Recreation Equipment, Inc. using pricing established through the National Purchasing Partners;

2. Authorize the City Manager to execute an equipment procurement and installation contract when all conditions have been met; and

3. Authorize the Director of Public Works to execute any necessary change orders up to a contingency amount of $28,388 (10%) for a total contract amount of $312,261.50.

Reasons for Recommendation
The Annual Playground Equipment Replacement Project (Project) was initially authorized as a five-year program in Fiscal Year (FY) 2020 – 2021 committing $300,000 each year to fund the replacement of aging playgrounds. The Creekside Park Play Areas were selected to be the first of the replacement projects due to their age and condition.

The City of Cupertino completed improvements to the Creekside Park Tot Lot in FY 2022 - 2023.

The Parks and Recreation System Master Plan (Master Plan) calls for support of allinclusive and universal play by providing a destination for all-inclusive play and adding additional inclusive elements to existing play areas. Inclusive elements allow users with special needs or sensory challenges access to enjoyable recreation opportunities. The playground equipment that will be installed in this project incorporates inclusive elements, meets Americans with Disabilities Act (ADA) requirements, and meets the Master Plan goal of building and repairing existing parks. This increases the level of service while allowing a specific demographic an equal opportunity to play using specialized playground equipment.

Background
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A November 2020 community survey considered themed playground equipment for Creekside Park and the residents selected "creek" as the top theme. Having themed playground equipment addresses the Master Plan recommendation to incorporate themed play areas as part of a diversity initiative for outdoor recreation.

On May 4, the proposed layout, inclusive elements, and theme were presented to the Parks and Recreation Commission for input and the Commission selected three inclusive elements for the design. Attachment A illustrates the proposed playground equipment with these inclusive design elements incorporated.

Discussion
Competitive pricing for playground equipment purchases and installation for this project was provided through the National Purchasing Partners LLC dba NPPGov. This program allows California State and local agencies to contract with qualified suppliers without a separate competitive bidding process. Ross Recreation Equipment Inc. (Ross) is a qualified supplier whose equipment options and proposed design layout were the best match for the park playground’s requirements, including theme and inclusivity. The scope of work will include design, manufacturing, installation of the playground equipment, and the installation of surfacing. Ross is a qualified contractor that can meet the requirements of this project.

Award of this project using the NPPGov pricing meets public contract code requirements for a competitive process pursuant to Public Contracts Code section 10298(a). The City could decide to bid the project through the typical Request for Proposal process, but it is unlikely to result in increased savings and would take additional time.

Accessibility improvements to the pathway from the playground will be required. This additional work will be contracted and implemented by others, separate from this project.

Sustainability Impact
This project increases the level and diversity of services within walking distance of many homes. Increasing amenities accessed by walkers, people with strollers, and wheelchair access is consistent with the Climate Action Plan Goal 2 – Encourage Alternative Transportation.

Fiscal Impact
No additional funding is needed. Approving this item will expend $283,873.50, with a project contingency of $28,388.00. The current Capital Improvement Budget for this program (Account # 420-99-085) contains $602,861.04.

Current Fiscal Summary:
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Current Funding Status Amount
Budgeted Funds for Playground
Replacement projects (Capital
Reserve) $900,000.00
Expenses to Date (Creekside Park
Tot Lot)
($297,138.96)
Subtotal $602,861.04
Proposed Funding Impact Amount
Projected Misc. Project Costs
(permit fees, ADA scope, etc.) ($68,654.21)
Projected Construction Total ($312,261.50)
Subtotal ($380,915.71)
Total Remaining Program Budget
after Project Completion $221,945.33
California Environmental Quality Act (CEQA)
The project is categorically exempt from CEQA per CEQA Guidelines sections 15301 (existing facilities), 15302(replacement or reconstruction of existing structures), and 15304(minor alterations to land).
_____________________________________
Prepared by: Evelyn Moran, Project Manager
Reviewed by: Susan Michael, Capital Improvement Programs Manager Reviewed by: Chad Mosley, Interim Public Works Director Reviewed by: Matt Morley, Assistant City Manager
Approved for Submission by: Pamela Wu, City Manager
Attachments:

A – Representation of Proposed Playground Equipment
B - Draft Contract
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Playground Design
Creekside School Age: “Creek” theme
Attachment A
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Playground Design - Inclusive Elements
Creekside School Age: “Creek” theme
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CITY OF
a

PUBLIC WORKS CONTRACT

CUPERTINO

1. PARTIES
This public works contract ("Contract") is made by and between the City of Cupertino ("City"), and Ross Recreation Equipment, Inc. a Corporation
-~-------- ("Contractor") for Playground Equipment Replacement Project 2021-02 and is effective on the last date signed below ("Effective Date").

2. SCOPE OF WORK
Contractor will perform and provide all labor, materials, equipment, supplies, transportation and any other items or work necessary to perform and complete the work required for the Project ("Work"), as required in the Scope of Work, attached here and incorporated as Exhibit A, and in accordance with the terms and conditions of this Contract. Contractor further agrees to carry out its work in compliance with any applicable local, State, or Federal order regarding COVID 19.

3. TIME FOR COMPLETION

3.1 Term. This Contract begins on the Effective Date and ends on September 30, 2024 ("Contract Time") unless terminated earlier as provided herein. Contractor's Work shall begin on the date shown on a written Notice to Proceed ("NTP") and must be fully completed within the Contract Time or on the date specifically provided in the Notice to Proceed. The City Engineer will not issue a NTP until the Contract is fully executed by both parties and City has received satisfactory proof of insurance and any performance and payment bonds that may be required. The Director of Public Works may authorize the extension of the Contract Time by up to sixty (60) calendar days through a written amendment to this Agreement, provided such extension does not include additional contract funds.

3.2 Time is of the essence for Contractor's performance and completion of the Work. Contractor must have sufficient time, resources, and qualified staff to deliver the work on time.

3.3 Liquidated damages of $500 will be charged for each day of unexcused delay, or City may deduct the amount from Contractor's payments. Liquidated damages are based on reasonably foreseeable consequences of delay and may include intangible losses which the Parties agree may be difficult to ascertain, such as loss of public confidence in City and its contractors, interference or loss of use of public facilities, and extended disruption to the public.

4. COMPENSATION

4.1 Maximum Compensation. City will pay Contractor for satisfactory performance of the Work an amount that will based on actual costs but that will be capped so as not to exceed$ 283,873.50 ("Contract Price"), for all of Contractor's direct and indirect costs, including all labor, materials, Public Works Project: 2021-02 Playground Equipment Replacement Project Page I of 12
Attachment B
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supplies, equipment, taxes, insurance, bonds, and all overhead costs.

4.2 Invoices and Payments. Contractor must submit an invoice on the first day of each month, describing the Work performed during the preceding month, itemizing labor, materials, equipment and any incidental costs incurred. Contractor will be paid ninety-five percent (95%) of the undisputed amounts billed within thirty (30) days after City receives a properly submitted invoice. Any retained amounts will be included with Contractor's final payment within sixty (60) days of City's acceptance of the Work as complete.

5. INDEPENDENT CONTRACTOR

5.1 Status. Contractor is an independent contractor and not an employee of City. Contractor is solely responsible for the means and methods of performing the Work and for the persons under this employment. Contractor is not entitled to worker's compensation or any other City benefits.

5.2 Contractor's Qualifications. Contractor warrants on behalf of itself and its subcontractors that they have the qualifications and skills to perform the Work 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 Work as required by law, and have procured a City Business License, if required by the Cupertino Municipal Code. Contractor shall possess a California Contractor's License in good standing for the following classification(s): A, C61, D48 , which must remain valid for
the entire Contract Time.

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

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

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 Public Works Project: 2021-02 Playground Equipment Replacement Project

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Agreement, or to promptly remint to City any payments due by the City as a result of such determination, so that the City's total expenses under this Agreement are not greater than they would have been had the determination not been made.

6. CHANGE ORDERS
Amendments and change orders must be in writing and signed by City and Contractor. Contractor's request for a change order must specify the proposed changes in the Work, Contract Price, and Contract Time. Each request must include all the supporting documentation, including but not limited to plans/drawings, detailed cost estimates, and impacts on schedule and completion date.

7. ASSIGNMENTS; SUCCESSORS
Contractor shall not assign, hypothecate, or transfer this Contract 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 Contract 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. This Contract is binding on Contractor, its heirs, successors, and permitted assigns.

8. PUBLICITY / SIGNS
Any publicity generated by Contractor for the Project during the Contract Time, and for one (1) year thereafter must credit City contributions to the Project. The words "City of Cupertino" must be displayed in all pieces of publicity, flyers, press releases, posters, brochures, interviews, public service announcements, and newspaper articles. No signs may be posted or displayed on or about City property, except signage required by law or this Contract, without prior written approval from the City.

9. SUBCONTRACTORS

9.1 Contractor must perform all the Work with its own forces, except that Contractor may hire qualified subcontractors to perform up to 10% of the Work, provided that each subcontractor is required by contract to be bound by the provisions of this Contract. Contractor must provide City with written proof of compliance with this provision upon request.

9.2 City may reject any subcontractor of any tier and bar a subcontractor from performing Work on the Project, if City in its sole discretion determines that subcontractor's Work falls short of the requirements of this Contract or constitutes grounds for rejection under the Public Contract Code. If City rejects a subcontractor, Contractor at its own expense must perform the subcontractor's Work or hire a new subcontractor that is acceptable to City. A Notice of Completion must be recorded within fifteen (15) days after City accepts the Work if the Contract involves work by subcontractors.

10. RECORDS AND DAILY REPORTS

10.1 Contractor must maintain daily reports of the Work and submit them to City upon request and at completion of Project. The reports must describe the Work and specific tasks performed, the number of Public Works Project: 2021-02 Playground Equipment Replacement Project

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workers, the hours, the equipment, the weather conditions, and any circumstances affecting performance.

City will have ownership of the reports, but Contractor will be permitted to retain copies.

10.2 If applicable, Contractor must keep a separate set of as-built drawings showing changes and updates to the Scope of Work or the original drawings as changes occur. Actual locations to scale must be identified for all major components of the Work, including mechanical, electrical and plumbing work; HV AC systems; utilities and utility connections; and any other components City determines should be included in the final drawings of the Project. Deviations from the original drawings must be shown in detail, and the location of all main runs, piping, conduit, ductwork, and drain lines must be shown by dimension and elevation.

10.3 Contractor must maintain complete and accurate accounting records of its Work, in accordance with generally accepted accounting principles, which must be available for City review and audit, kept separate from other records, and maintained for four (4) years from the date of City's final payment.

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 ("lndemnitees"), through legal counsel acceptable to City, from and against any and all liability, damages, claims, stop notices, actions, causes of action, demands, charges, losses 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 Contract or in any manner relating to any of the following:
(a) Breach of contract, obligations, representations or warranties; (b) Performance or nonperformance of the Work or of any obligations under the Contract by Contractor, its employees, agents, servants, subcontractors or subcontractors; (c) Payment or nonpayment by Contractor or its subcontractors or sub-subcontractors for Work performed on or off the Project Site; and
(d) Personal injury, property damage, or economic loss resulting from the work or performance of Contractor or its subcontractors or sub-subcontractors.

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, in accordance with California Public Contract Code Section 9201. At City's request, Contractor will assist City in the defense of a claim, dispute, or lawsuit arising out of this Contract.

11.3 Contractor's duties under this entire Section 11 are not limited to Contract Price, Workers' Compensation, or other employee benefits, or the insurance and bond coverage required in this Contract. Nothing in the Contract shall be construed to give rise to any implied right of indemnity in favor of Contractor against City or any other 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 Contract, a purchase order or other transaction.

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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 Contract.

12. INSURANCE
Contractor shall comply with the Insurance Requirements, attached and incorporated here as Exhibit B. Contractor must provide satisfactory proof of insurance and maintain it for the Contract Time or longer as required by City. City will not execute the Contract until City has approved 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 at Contractor's expense, deducting the costs from Contractor's compensation, or terminating the Contract.

13. COMPLIANCE WITH LAWS

13.1 General Laws. Contractor shall comply with all laws and regulations applicable to this Contract.

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 status of employees performing the Work, as required by the Immigration Reform and Control Act

13.2 Labor Laws.
(a) The following provisions apply to contracts of $1,000 or more:
(i) In General. For purposes of California labor law, this is a public works contract subject to the provisions of Part 7 of Division 2 of the California Labor Code (Sections 1720 et seq.). In accordance with Labor Code Section 1771, Contractor and all subcontractors shall pay not less than current prevailing wage rates as determined by the California Department of Industrial Relations ("DIR") to all workers employed on this project. In accordance with Labor Code Section 1815, Contractor and all subcontractors shall pay all workers employed on this project 1 ½ the basic rate of pay for work performed in excess specified hour limitations.

The work performed pursuant to this Contract is subject to compliance monitoring and enforcement by the Department of Industrial Relations. (ii) Registration. Contractor and all subcontractors shall not engage in the performance of any work under this Contract unless currently registered and qualified to perform public work pursuant to section 1725.5 of the California Labor Code. Contractor represents and warrants that it is registered and qualified to perform public work pursuant to section 1725.5 of the Labor Code and will provide its DIR registration number, along with the registration numbers of any subcontractors as required, to the City.

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(iii) Posting. Contractor shall post at the job site the determination of the DIR director of the prevailing rate of per diem wages together with all job notices that are required by regulations of the DIR.
(iv) Reporting. Contractor and any subcontractors shall keep accurate payroll records in accordance with Section 1776 of the Labor Code and shall furnish the payroll records directly to the Labor Commissioner in accordance with the law. (v) Report on Prevailing Rate of Wages. The City has obtained the general prevailing rate of per diem wages in the vicinity of the project for each type of worker needed, a copy of which is on file at the City of Cupertino City Hall, and shall be made available to any interested party upon request. (vi) Employment of Apprentices. Contractor's attention is directed to the provisions in Sections 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices.by the Contractor or any subcontractor. It shall be the responsibility of the Contractor to effectuate compliance on the part of itself and any subcontractors with the requirements of said sections in the employment of apprentices.

Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director oflndustrial Relations, ex-officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. (vii) Penalties. Contractor's attention is directed to provisions in Labor Code Sections 1775 and 1813. In accordance with Labor Code Section 1775, Contractor and subcontractors may be subject to penalties for Contractor's and subcontractors' failure to pay prevailing wage rates. In accordance with Labor Code Section 1813, Contractor or subcontractors may be subject to penalties for Contractor's or subcontractors' failure to pay overtime pay rates for hours worked by workers employed on this project in excess specified hour limitations.
(b) Contractor must compensate workers who are paid less than prevailing wages or required to work more than a legal day's work. Contractor will also be required to pay City a penalty of$ 500 per worker for each day of violation.
(c) As required by Labor Code Section 1861, by signing this Contract Contractor certifies as follows:
"I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the work of this contract."

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 Contractor's 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.

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13.4 Conflicts of Interest. Contractor, its employees, subcontractors, servants and agents, may not have, maintain or acquire a conflict of interest in relation to this Contract in violation of law, including Government Code section 1090 and Government Code section 81000 and their accompanying regulations. No officer, official, employee, consultant, or other agent of the City ("City Representative") may have, maintain, or acquire a "financial interest" in the Contract, as that term is defined by state law, or in violation of a City ordinance or policy while serving as a City Representative or for one year thereafter. Contractor, its employees, subcontractors, servants, and agents warrant they are not employees of City nor do they have any relationship with City officials, officers, or employees that creates a conflict of interest. Contractor may be required to file a conflict of interest form if it 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 City 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 reimbursement, or terminating the Contract. City reserves all rights and remedies under the law and this Contract, including seeking indemnification.

14. BONDS
For contracts of $25,000 or more, Contractor must obtain a payment bond and a performance bond, each in the penal sum of 100% of the Contract Price, using the Bond Forms attached and incorporated here as Exhibit C. Each bond must be issued by a surety admitted in California, with a financial rating from A.M.

Best Company of Class A- or higher, or as otherwise acceptable to City. If an issuing surety cancels a bond or becomes insolvent, Contractor must provide a substitute bond from a surety acceptable to City within seven (7) calendar days after written notice from City. If Contractor fails to do so, City may in its sole discretion and without prior notice, purchase bonds at Contractor's expense, deduct the cost from payments due Contractor, or terminate the Contract. City will not execute the Contract nor issue the NTP until the required bonds are submitted.

15. UTILITIES. TRENCHING. AND EXCAVATION

15.1 Contractor must call the Underground Service Alert ("USA") 811 hotline and request marking of utility locations before digging or commencing Work. For underground service alerts for street lighting and traffic signal conduits, City's Service Center must be called at (408) 777-3269. Government Code Section 4215 requires Contractor to notify City and Utility in writing if it discovers utilities or utility facilities not identified in the Contract.

15.2 Pursuant to Government Code Section 7104, Contractor must stop work, notify City in writing, and wait for instructions if one of the conditions below is found at the worksite. City will work with Contractor to amend the Contract or issue a change order if the discovered conditions materially change the Work/Performance, Contract Time or Contract Price.
(a) Material believed to be hazardous waste under Health and Safety Code Section 25117, and which requires removal to a Class I, Class II, or Class III disposal site pursuant to law; (b) Subsurface or latent physical conditions at the Project worksite differing from those indicated by information about the worksite made available to Contractor; and Public Works Project: 2021-02 Playground Equipment Replacement Project

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(c) Unknown physical conditions at the Project worksite of any unusual nature, materially different from those ordinarily encountered and from those generally recognized as inherent in the character of the Work.

15.3 For contracts $25,000 or higher that require excavation or involve trenches five feet or more in depth, Contractor must submit a detailed plan for City approval, per Labor Code Section 6705, prior to commencing work. The plan must show the design of shoring, bracing, sloping, and other provisions for worker protection from caving ground and other hazards. The protective system must comply with all Construction Safety Orders. If the plan varies from shoring system standards, it must be prepared by a registered civil or structural engineer.

16. URBAN RUNOFF MANAGEMENT

16.1 All Work must fully comply with federal, state, and local laws and regulations concerning storm water management. Contractor must avoid creating excess dust when breaking asphalt or concrete and during excavation and grading. If water is used for dust control, Contractor will use only the amount of water necessary to dampen the dust. Contractor will take all steps necessary to keep wash water out of the streets, gutters, and storm drains. Prior to the start of the Work, Contractor will implement erosion and sediment controls to prevent pollution of storm drains, and must upgrade and maintain these controls based on weather conditions or as otherwise required by City. These controls must be in place during the entire Contract Time and must be removed at the end of construction and completion of the Work. Such controls must include, but will not be limited to, the following requirements:
(a) Install storm drain inlet protection devices such as sand bag barriers, filter fabric fences, and block and gravel filters at all drain inlets impacted by construction. During the annual rainy season, October 15 through June 15, storm drain inlets impacted by construction work must be filter-protected from onsite de-watering activities and saw-cutting activities. Shovel or vacuum saw-cut slurry and remove from the Work site;
(b) Cover exposed piles of soil or construction material with plastic sheeting. Store all construction materials in containers;
(c) Sweep and remove all materials from paved surfaces that drain to streets, gutters and storm drains prior to rain and at the end of each work day. When the Work is completed, wash the streets, collect and dispose of the wash water off site in lawful manner; (cl) After breaking old pavement, remove debris to avoid contact withrainfall/runoff; (e) Maintain a clean work area by removing trash, litter, and debris at the end of each work day and when Work is completed. Clean up any leaks, drips, and other spills as they occur.

16.2 These requirements must be used in conjunction with the California Stormwater Quality Association and California Best Management Practices Municipal and Construction Handbooks, local program guidance materials from municipalities, and any other applicable documents on stormwater quality controls for construction. Contractor's failure to comply with this Section will result in the issuance of noncompliance notices, citations, Work stop orders and regulatory fines.

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17. PROJECT COORDINATION
City Project Manager. City assigns Evelyn Moran as
the City representative for all purposes under this Contract, with authority to require compliance with the Scope of Work. City may substitute Project Managers at any time and without prior notice to Contractor.

Contractor Project Manager. Subject to City approval, Contractor assigns David Ruggles David Ruggles as its single representative for all purposes under this Contract, with the responsibility to ensure progress with the Work. Contractor's Project Manager is responsible for coordinating and scheduling the Work and must regularly update the City Project Manager about the status and any delays with the Work, consistent with the Scope of Work. Any substitutions must be approved in writing by City.

18. ABANDONMENT AND TERMINATION

18.1 City may abandon or postpone the Project or parts therefor at any time. Contractor will be compensated for satisfactory Work performed through the date of abandonment and will be given reasonable time to close out the Work. With City's pre-approval in writing, the time spent in closing out the Work will be compensated up to ten percent (10%) of the total time expended in performing the Work.

18.2 City may terminate the Contract for cause or without cause at any time. Contractor will be paid for satisfactory Work rendered through the termination date and will be given reasonable time to close out the Work.

18.3 Final payment will not be made until Contractor delivers the Work and provides records documenting the Work, products and deliverables completed. Nothing in the Section below is intended to delay, abridge or bar City's right under this Section.

19. GOVERNING LAW. VENUE AND DISPUTE RESOLUTION
This Contract is governed by the laws of State of California. Venue for any legal action shall be the Superior Court of the County of Santa Clara, California. The dispute resolution procedures of Public Contract Code Section 20104, et seq., incorporated here by reference, apply to this Contract and Contractor is required to continue the Work pending resolution of any dispute. Prior to filing a lawsuit, Contractor must comply with the claim filing requirements of the California Government Code. 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.

20. ATTORNEYFEES
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 Contract, the prevailing party will be entitled to reasonable attorney fees and costs.

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21. SIGNS/ ADVERTISEMENT
No signs may be displayed on or about City's property, except signage which is required by law or by the Contract, without City's prior written approval as to size, design and location.

22. THIRD PARTY BENEFICIARIES
There are no intended third party beneficiaries of this Contract.

23. WAIVER
Neither acceptance of the Work nor payment thereof shall constitute a waiver of any contract provision. City waiver of any breach shall not constitute waiver of another provision or breach.

24. WARRANTY
Contractor warrants that materials and equipment used will be new, of good quality, and free from defective workmanship and materials, and that the Work will be free from material defects not intrinsic in the design or materials. All Work, materials and equipment should pass to City free of claims, liens or encumbrances. Contractor warrants the Work and materials for one year from the date of City's acceptance of the Work as complete ("Warranty Period"), except when a longer guarantee is provided by a supplier, manufacturer or is required by this Contract. During the Warranty Period, Contractor will repair or replace any Work defects or materials, including damage that arises from Contractor's Warranty Work, except any wear and tear or damage resulting from improper use or maintenance.

25. ENTIRE CONTRACT
This Contract and the attachments, documents, and statutes attached, referenced, or expressly incorporated herein, including authorized amendments or change orders constitute the final and complete contract between City and Contractor with respect to the Work and the Project. No oral contract or implied covenant will be enforceable against City. Ifthere is any inconsistency between any term, clause, or provision of the main Contract and any term, clause, or provision of the attachments or exhibits thereto, the terms of the main Contract shall prevail and be controlling.

26. SEVERABILITY IP ARTIAL INVALIDITY
If a court finds any term or provision of this Contract to be illegal, invalid, or unenforceable, the legal portion of said provision and all other contract provisions will remain in full force and effect.

27. SURVIVAL
The contract provisions which by their nature should survive the Contract or Completion of Project, including without limitation all provisions regarding warranties, indemnities, payment obligations, insurance, and bonds, shall remain in full force and effect after the Work is completed or Contract ends.

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28. INSERTED PROVISIONS
Each provision and clause required by law to be inserted in this Contract will be deemed to be included and will be inferred herein. Either party may request an amendment to cure mistaken insertions or omissions of required provisions.

29. CAPTIONS
The captions, titles, and headings in this Contract are for convenience only and may not be used in the construction or interpretation of the Contract or for any other purpose.

30. COUNTERPARTS
This Contract may be executed in counterparts, each of which is an original and all of which taken together shall form one single document.

31. NOTICES
All notices, requests, and approvals must be sent in writing to the persons below and will be considered effective on the date of personal delivery, the date confirmed by a reputable overnight delivery service, on the fifth (5th) 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:
10185 N. Stelling Rd, Cupertino CA 9501,
Attention: cc: Representative/Coordinator
Copy to: Evelyn Moran
Email: [email protected]

32. EXECUTION
To Contractor:

Ross Recreation Equipment, Inc.
100 Brush Creek Road, #206, Santa Rosa, CA, 95404
Attention: cc: Representative/Coordinator
Copy to: Heather Hailey
Email: [email protected]
The persons signing below warrant they have the authority to enter into this Contract and to legally bind their respective Parties. If Contractor is a corporation, signatures from two officers of the corporation are required pursuant to California Corporations Code Section 313.

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IN WITNESS WHEREOF, the parties have caused this Contract to be executed as of the Execution Date first above written.

CITY OF CUPERTINO,
a Municipal Corporation
By:

Title: City Manager
Signature Date: __________ _
APPROVED AS TO FORM:

By:

CHRISTOPHER D. JENSEN
Cupertino City Attorney
ATTEST:

By:

KIRSTEN SQUARCIA, City Clerk
Date: ----------

CONTRACTOR
Ross Recreation Equipment, Inc.
100 Brush Creek Road, #206, Santa Rose
H~ t-t,,,1/,,_,, By: •~..7 ---------------
Title: Contract Administrator
Signature Date: _J_u_n _15_,_2_02_3 ______ _
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Jl/Z1
landscape
structures
Creekside Park Playground
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©2023 Landscape Structures All Rights Reserved
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ayground
Rccre'.lt:on t.ql, l'"ment
(92023 Landscape Structures All Rights Reseived.
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Juh
landscape
structures
Creekside Park Playground
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R•SS
Rccrca.:ior Equiomcnt
©2023 Landscape Structures All Rights Reserved.
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yground
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TOTAL ELEVATED PLAY COMPONENTS 8

TOTAL ELEVATED COMPONENTS ACCESSIBLE BY RAMP

TOTAL ELEVATED COMPONENTS ACCESSIBLE BY TRANSFER

TOTAL ACCESSIBLE GROUNO LEVEL COMPONENTS SHOWN
TOTAL OlffERENT lYPES OF GROUND LEVEL COMPONENTS
0 REQUIRED
B.lillllllBEll

17.lillllllBEll
9 REQUIRED
Creekside Pork
Playground
Cupertino. CA
Ross Recrea tion
Equipment Co
Alex Hailey
SYSTEM TYPE:

PloyBooster
DRAWING #:
1169246-01 -04
Juvt
landscape
structurer
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•~OOOQl(f'ORP\JEV:PI.AYGROUNOSAroY".

DESIGNED BY:

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tolllllS!IICOSOl.l™-P.0.to:1'11111
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1169246-01-02
1169246-01-01
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Ross Recreation Representative
Alex Hailey [email protected]
National
Purchasing
Partners
Government

ALL PURCHASE ORDERS, CONTRACTS, AND
CHECKS TO BE MADE OUT TO:
npp
Prepared For:

Bill To Name
Bill To
Quote Number
PS21070
Cupertino, City of
10555 Mary Ave
Cupertino, California 95014
United States
00039900
Opportunity Name Creekside Upper Playground
Quote Name Creekside Upper Playground
Ross Recreation Equipment, Inc.
100 Brush Creek Road, #206
Santa Rosa, CA. 95404
707.538.3800 - [email protected]
Ship To Name
Ship To
Quote Date
Quote Exp Date
Est Lead Time
Creekside Park
10455 Miller Ave
Cupertino, California
United States
5/15/2023
6/15/2023
Check with Sales Rep
Quantity Product Product Description Sales Price Total Price

1.00 Rentals

1.00 Demolition

1.00 Site Work

1.00 PlayBooster,
5-12
500 linear feet of temporary construction fencing
Removal and haul away of existing PlayBooster structure and swings. *Footings will remain in place except where in conflict with new post footings.

New concrete ADA transition ramp from sidewalk into EWF, estimated at 4' x 6' Landscape Structures PlayBooster, ages 5-12. Design #1169246-01-04 Installation of Landscape Structures design #1169246-01-04 by a manufacturer certified installer.
*Project DIR# needed for State Prevailing Wage projects. *Installation price quoted for favorable working conditions. If rock, poor soil conditions, a high water table and/or other unforeseen site conditions exist requiring additional Install - Play 1.00 materials and labor, additional charges may be incurred. Equipment Engineered 1.00
Wood Fiber

1.00 Install -
Wood Fiber

1.00 Bond
*Installation quoted includes standard manufacturer provided footing details. If different footing details are provided by the owner/specifier, a change order will be required. *Installation quoted includes installing footings through native soil or 95% compacted base rock. If installing through concrete, asphalt or through less compacted or permeable base or drain rock, or in other conditions, please provide additional details and a change order may be required.

Fibar engineered wood fiber safety surfacing materials, approximately 4" of top off material for play area. If additional depth is determined to be needed, a change order can be provided.

Blow in installation of 4" of engineered wood fiber for play area footprint. Install site must be within 250' feet of semi-truck access or additional charges may apply.

Payment & Performance Bonds
Surface America Poured-In-Place Rubber surfacing materials:

I - Square Footage: 648 sqft (per takeoff of playground drawing + bevel into wood chips) ; - Thickness: 1-3/4" (per 4' CFH of play equipment)
! - Binder: Aliphatic
; - Color: 50% Color & 50% Black speckled mix
Surface *Rubber surfacing will follow the contour of the sub-base and will be 1.75" thick 1 ·00-'-Amefiea-l'IP throughout the area.
00039900 $283,873.50
$3,192.00 $3,192.00
$9,334.00 $9,334.00
$2,000.00 $2,000.00
$149,665.00 $149,665.00
$52,383.00 $52,383.00
$4,398.00 $4,398.00
$6,136.00 $6,136.00
$8,268.11 $8,268.11
597.00 -----
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Ross Recreation Representative
Alex Hailey [email protected]
I Rubber
I
Install -

1.00 Rubber
Surfacing

1.00 Security

1.00 Site Work
NPP Ross
1 ·00 Discount
Credit Terms
Notes to Customer
I *Any change to color, thickness, square footage or binder type will require a change I order.

I *Pricing does not include sub-base materials.
*Thicknesses quoted to meet industry standards for ASTM testing of 1000 HIC/200 1 GMax.

Installation of Surface America Poured-in-Place rubber surfacing for 648sf square feet at a 1-3/4" thickness by a manufacturer certified installer. Price does not include sub-base preparation, drainage, design work or inspections. *Thicknesses installed to meet industry standards for ASTM testing of 1000 HIC/200 GMax.

Customer is declining security; a security opt out waiver will be required.

Supply and installation of 648sf of compacted base rock (10.25") to prepare for new PIP rubber in We-Go-Swing area. Base to be beveled into wood fiber.

NPP Contract Discount on Materials: Please Provide Customer NPP # Net 30 On Materials Shipment Materials Amount
Tax Amount
Labor Amount
Freight Amount
Total
$8 ,135.00 $8,135.00
$0.00 $0.00
$7,776.00 $7,776.00
-$11,212.22 -$11,212.22
$151,447.78
$13,819.61
$97,224.11
$21,382.00
$283,873.50

SIGNATURE BELOW ACCEPTING THIS PROPOSAL WILL CONSTITUTE A PURCHASE ORDER ONLY UPON APPROVAL BY ROSS RECREATION EQUIPMENT, INC. CUSTOMER RECEIPT OF AN ORDER ACKNOWLEDGEMENT CONSTITUTES SUCH APPROVAL.

New Section
Signature _____________ _
Name _______________ _
Title _______________ _
Date _______________ _
00039900
Note to Customer Thank you for the opportunity to quote your upcoming project. PLEASE NOTE: Quote does
not include engineering calculations, security,
storage, permits, inspection or safety surfacing,
unless otherwise noted. Unless noted, freight
costs are based on semi-truck access and do not
include a lift-gate. Your purchase is subject to
$283,873.50
the terms and conditions of this quote. Approval
of this quote agrees to those terms. Sales tax will
be based on the current rate at the time of
shipping, not the order date. Customer will be
expected to cover these, or any changes, to
sales taxes.

If ordering materials after the quoted expiration
date, please contact your sales representative
for current pricing. Due to material cost
increases and a fluid pricing environment, Ross
Recreation cannot hold pricing past the stated
Expiration Date on this quote. To secure current
pricing, Ross Recreation will require the
following :
- PO, signed quote or contract with approval for
the order.
- Deposit if required by credit terms.
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Ross Recreation Representative
Alex Hailey
00039900
[email protected]
$283,873.50
- Color selections and/or approved submittals.
- Acceptance of delivery when materials or
equipment is ready to ship. Products cannot be
held nor stored.

Ross Recreation will provide labor using a
subcontractor for all installation and labor
quoted. Neither Ross Recreation, nor our
subcontractors. are signatory to any unions;
however, compliance with prevailing wage rate
requirements will occur. If union enrollment is
required by our subcontractor for completion of
this project. Ross Recreation will require a
Change Order to cover the costs of a per project
enrollment and additional wage/benefit
requirements.
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ROSSREC-01 VRYAN
ACORD" CERTIFICATE OF LIABILITY INSURANCE I

DATE (MM/DD/YYYY)
~ 6/13/2023
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

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

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

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

PRODUCER 2~~!~cT Victoria Ryan
Proco Insurance Services rt8,N~o, Ext): (408) 510-5440 I FAX 910 E Hamilton Ave (A/C, No):(415) 382-0676
#410 i~cfJ~ss: [email protected]
Campbell, CA 95008 INSURER/SI AFFORDING COVERAGE NAIC#
INSURER A ,Associated Industries Insurance Company, Inc. 23140 INSURED INSURER B: General Casualtv Companv of Wisconsin 24414 Ross Recreation Equipment Company, Inc. INSURERC ,Oak River Insurance Companv 34630 100 Brush Creek Road, Ste 206 INSURERD :

Santa Rosa, CA 95404 INSURER E:

INSURER F:

COVERAGES CERTIFICATE NUMBER- REVISION NUMBER·

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO \NHICH THIS

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

INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP TD •••en "n,n LIMITS ""'/DnNYYYI A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 - ~ CLAIMS-MADE [K] OCCUR ~~~t~lJ9E~~~~r?encel 50,000 X X AES1029524 04 10/1/2022 10/1/2023 $ MED EXP /Anv one oerson\ $ - PERSONAL & ADV INJURY $ 1,000,000 - GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 ~ POLICY [K] ~r8-f D Loc PRODUCTS - COMP/OP AGG $ 2,000,000 OTHER: Poli Aggregat $ 5,000,000
B AUTOMOBILE LIABILITY rE~~~b~~~1f1NGLE LIMIT $ 1,000,000 X ANY AUTO X X BCA000407003 10/1/2022 10/1/2023 BODILY INJURY /Per oerson\ $ - OWNED - SCHEDULED AUTOS ONLY AUTOS BODILY INJURY /Per accident\ $ - HIRED - ~8f&v;.r~Jr.~ 1P~9~2c~dii1?AMAGE $ - AUTOS ONLY - $ A UMBRELLA LIAB M OCCUR EACH OCCURRENCE $ 2,000,000 -
X EXCESS LIAB CLAIMS-MADE EXA 1055294 04 10/1/2022 10/1/2023 AGGREGATE $ DED I X I RETENTION$ 0 Aggregate $ 2,000,000
C WORKERS COMPENSATION X I ~\%uTE I I OTHAND EMPLOYERS' LIABILITY ER Y/N X ROWC330091 10/1/2022 10/1/2023 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE □ E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory In NH) 1,000,000 E.L DISEASE - EA EMPLOYEE $ If yes, describe under
DESCRIPTION OF OPERATIONS below E.L DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Creekside Park
City of Cupertino are named as additional insured on general liablity and auto coverages per attached endorsement. Waiver of subrogation applies per attached forms.

Cancellation terms will follow the policy terms and conditions

CERTIFICATE HOLDER CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Cupertino THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
10555 Mary Ave
Cupertino, CA 95014

AUTHORIZED REPRESENTATIVE

I HI JI&'
ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved.

The ACORD name and logo are registered marks of ACORD
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POLICY NUMBER: AES1029524 04 COMMERCIAL GENERAL LIABILITY CG 20 10 0413
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - OWNERS, LESSEES OR

CONTRACTORS - SCHEDULED PERSON OR

ORGANIZATION
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s): Location(s) Of Covered Operations
All persons or organizations where required by All locations contract with the Named Insured
Information reauired to comolete this Schedule if not shown above will be shown in the Declarations.

A. Section II - Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury", "property damage" or "personal and advertising injury"
caused, in whole or in part, by:

1. Your acts or omissions; or

2. The acts or omissions of those acting on your
behalf;
in the performance of your ongoing operations for
the additional insured(s) at the location(s)
designated above.

However:

1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and

2. If coverage provided to the additional insured is
required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.

B. With respect to the insurance afforded to these
additional insureds, the following additional
exclusions apply:

This insurance does not apply to "bodily injury" or
"Property damage" occurring after:

1. All work, including materials, parts or equipment
furnished in connection with such work, on the
project (other than service, maintenance or
repairs) to be performed by or on behalf of the
additional insured(s) at the location of the
covered operations has been completed; or

2. That portion of "your work" out of which the
injury or damage arises has been put to its
intended use by any person or organization
other than another contractor or subcontractor
engaged in performing operations for a principal
as a part of the same project.

C. With respect to the insurance afforded to these
additional insureds, the following is added to
Section Ill - Limits Of Insurance:

If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:

1. Required by the contract or agreement; or

2. Available under the applicable Limits of
Insurance shown in the Declarations;
whichever is less.

This endorsement shall not increase the applicable
Limits of Insurance shown in the Declarations.

CG 2010 0413 © Insurance SeNices Office, Inc., 2012
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This page intentionally left blank
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POLICY NUMBER: AES1029524 04 COMMERCIAL GENERAL LIABILITY CG 20 37 0413
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - OWNERS, LESSEES OR

CONTRACTORS - COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following :

COMMERCIAL GENERAL LIABILITY COVERAGE PART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

SCHEDULE
Name Of Additional Insured Person(s) Or
Organization(s) Location And Description Of Completed Operations All persons or organizations where written contract All locations with the Named Insured requires additional insured
completed operations coverage
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

A. Section II - Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury" or
"property damage" caused, in whole or in part, by
"your work" at the location designated and
described in the Schedule of this endorsement
performed for that additional insured and included
in the "products-completed operations hazard".

However:

1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and

2. If coverage provided to the additional insured is
required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.

8. With respect to the insurance afforded to these
additional insureds, the following is added to
Section Ill - Limits Of Insurance:

If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:

1. Required by the contract or agreement; or

2. Available under the applicable Limits of
Insurance shown in the Declarations;
whichever is less.

This endorsement shall not increase the applicable
Limits of Insurance shown in the Declarations.

CG 20 37 0413 © Insurance Services Office, Inc., 2012 age 1 of 1 268
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POLICY NUMBER: AES10295 24 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09

WAIVER OF TRANSFER OF RIGHTS OF RECOVERY

AGAINST OTHERS TO US
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

SCHEDULE
Name Of Person Or Organization:

All persons or organizations where required by written contract with the Named Insured Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

The following is added to Paragraph 8. Transfer Of
Rights Of Recovery Against Others To Us of
Section IV - Conditions:

We waive any right of recovery we may have against the
person or organization shown in the Schedule above
because of payments we make for injury or damage
arising out of your ongoing operations or "your work"
done under a contract with that person or organization
and included in the "products-completed operations
hazard". This waiver applies only to the person or
organization shown in the Schedule above.

CG 2404 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 269
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POLICY NUMBER: AES10295 24 COMMERCIAL GENERAL LIABILITY CG 20 01 0413
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

PRIMARY AND NONCONTRIBUTORY -

OTHER INSURANCE CONDITION
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
The following is added to the Other Insurance
Condition and supersedes any provision to the
contrary:

Primary And Noncontributory Insurance
This insurance is primary to and will not seek
contribution from any other insurance available
to an additional insured under your policy
provided that:
(2) You have agreed in writing in a contract or
agreement that this insurance would be
primary and would not seek contribution
from any other insurance available to the
additional insured.
(1) The additional insured is a Named Insured
under such other insurance; and
CG 20 01 0413 © Insurance Services Office, Inc., 2012 Page 1 of 1 270
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POLICY NUMBER: BCA000407003 COMMERCIAL AUTO
AH CA 85 90 09 17
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CHANGES IN COMMERCIAL AUTO COVERAGE FORM
This endorsement modifies insurance prrn,;ded under the following:

BUSINESS AUTO COVERAGE FORM
A. BROADENED WHO IS AN INSURED
Paragraph A.1. Who lsan Insured of SECTION II
- LIABILITY COVERAGE is amended to include
the following:
d. Any "employee" of yours is an "insured"
while using a cowred "auto" you don't
own, hire or borrow in your business or
your personal affairs.
e. Any "employee" of yours is an "insured"
while using an "auto" hired or rented under
a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of
your business.
f. Each person or Organization to whom you
are required by a written contract or
agreement to pro"1de additional insured
status is an "insured" under Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who is an Insured Pro"1sion contained in Section II of the cowrage form.

The written contract or agreement must be
in effect during the policy period shown in
the Declarations and must haw been executed prior to the "bodily injury" or "property damage." B. LIABILITY COVERAGE EXTENSIONS SUPPLEMENTARY PAYMENTS Paragraphs A.2.a. (2) and A.2.a. (4) Coverage
Extensions - Supplementary Payments of
SECTION II - LIABILITY COVERAGE are deleted
and replaced with the following:
(2) Up to $5,000 for the cost of bail bonds
(including bonds for related traffic law
"1olations) required because of an "accident" we cowr. We do not haw to furnish these bonds.
(4) All reasonable expenses incurred by
the "insured" at our request, including
actual loss of earnings up to $500 a
day because of time off from work.

C. FELLOW EMPLOYEE COVERAGE
Paragraph B.5. Fellow Employee Exclusion contained in SECTION II - LIABILITY COVERAGE does not apply if the "bodily injury" results from the
use of a cowred "auto" you own or hire that is not
a bus, motorcycle or van used to transport employees.

This Fellow Employee Cowrage is excess owr any
other collectible insurance.

D. POLLUTION LIABILITY - BROADENED COVERAGE FOR COVERED AUTOS

1. Liability Coverage is changed as follows:
a. Paragraph B.11.a. of the Pollution Exclusion in SECTION II - LIABILITY COVERAGE applies only to liability assumed under a contract or agreement.
b. With respect to the cowrage afforded by
Paragraph 1.a. Abow, Exclusion B.6.

Care, Custody or Control of SECTION II
LIABILITY does not apply.

2. Changes in Definitions
For the purposes of this endorsement, Paragraph D. of SECTION V - DEFINITIONS is replaced by the following:

D. "Cowred pollution cost or expense" means
any cost or expense arising out of

1. Any request, demand, order or statutory or regulatory requirement that any "insured" or others test for, monitor,
clean up, remow, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of "pollutants"; or AH CA 85 90 0917
Includes copyrighted material of Insurance Ser\nces Office, Inc., with its permission. Page 1 of 6
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2. Any claim or "suit" by or on behalf of a
gowrnmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to or assessing the effects of "pollutants". "Cowred pollution cost or expense" does not
include any cost or expense arising out of the
actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants":
a. Before the "pollutants" or any property
in which the "pollutants" are contained
are mowd from the place where they
are accepted by the "insured" for
mowment into or onto the cowred
"auto"; or
b. After the "pollutants" or any property in
which the "pollutants" are contained
are mowd from the cowred "auto" to
the place where they are finally delivered, disposed of or abandoned by the "insured".

Paragraphs a. and b. abow do not apply
to "accidents" that occur away from premises owned by or rented to an "insured" with respect to "pollutants" not in or upon
a cowred "auto" if:
(1) The "pollutants" or any property in
which the "pollutants" are contained are upset, owrtumed or damaged as a result of the
maintenance or use of a cowred
"auto"; and
(2) The discharge, dispersal, seepage, migration, release or escape of the "pollutants" is caused directly by such upset, owrtum or damage.

This Pollution Liability Cowrage is subject to an
Annual Aggregate Limit of Liability of $100,000.

E. NEWLY ACQUIRED OR FORMED

ORGANIZATIONS
Throughout this policy, the words you and your also refer to any organization you newly acquire or form, other than a partnership, joint wnture or limited liability company, and owr which you maintain ownership or majority interest, but only if there is
no similar insurance available to that organization.

Howewr:

1. The cowrage does not apply to an "accident"
which occurred before you acquired or formed
the organization .

2. Unless you notify us to add cowrage to your
policy, the cowrage under this provision is afforded only until:
a. The 120th day after you acquire or form the
organization, or
b. The end of the policy period, whichewr is
earlier.

F. EXTENDED TOWING
Paragraph A.2. Towing of SECTION Ill - PHYSICAL DAMAGE COVERAGE is deleted and replaced with the following:

We will pay for towing and labor costs each time a
cowred "auto" is disabled. All labor must be performed at the place of disablement. If the "auto" is of the private passenger type, there will be no deductible. If the "auto" is other than a private passenger type, a $100 deductible will apply.

The most we will pay under this EXTENDED TOWING cowrage is $750 per occurrence.

G. PHYSICAL DAMAGE COVERAGE

EXTENSIONS
Paragraph A.4. - Coverage Extensions of SECTION Ill - PHYSICAL DAMAGE COVERAGE is amended as follows:
a. Transportation Expenses
The amount we will pay for temporary
transportation expense is increased to $50
per day to a maximum of $3,000.
b. Loss of Use Expenses
The amount we will pay for loss of use is
increased to $75 per day and to a maximum limit of $1,000.

H. RENTAL REIMBURSEMENT

1. This cowrage applies only to a cowred "auto"
described or designated in the Schedule or in
the Declarations as carrying physical damage
cowrage.

2. We will pay for rental reimbursement expenses
incurred by you for the rental of an "auto" because of "loss" to a cowred "auto". Payment applies in addition to the otherwise applicable
amount of cowrage you haw on each cowred
"auto".

3. We will pay only for those expenses incurred
during the policy period beginning 24 hours after the "loss" and ending, regardless of the policy's expiration, with the lesser of the following number of days:
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a. The number of days reasonably required to
repair or replace the covered "auto". If
"loss" is caused by theft, this number of
days is added to the number of days it
takes to locate the covered "auto" and return it to you; or b. 30 days.

4. Our payment is limited to the lesser of the following amounts:
a. Necessary and actual expenses incurred;
or
b. $50 per day

5. This coverage does not apply while there are
spare or reserve "autos" available to you for
your operations.

6. If "loss" results from the total theft of a covered
"auto" of the private passenger type, we will
pay under this coverage only that amount of
your rental reimbursement expenses which is
not already provided for under the paragraph
A.4. Coverage Extensions in SECTION Ill -
PHYSICAL DAMAGE COVERAGE.

No Deductible applies to this coverage.

I. AIRBAG COVERAGE
Exclusion B.3. in SECTION Ill - PHYSICAL
DAMAGE COVERAGE is amended to add:

This exclusion does not apply to the accidental
discharge of an airbag.

J. AUDIO, VISUAL AND DATA ELECTRONIC

EQUIPMENT

1. Coverage
a. We will pay with respect to a covered "auto" described in the Schedule for "loss" to any electronic equipment that receives or
transmits audio, visual or data signals and
that is not designed solely for the reproduction of sound. This coverage applies only if the equipment is permanently installed in the covered "auto" at the time of the "loss" or the equipment is removable
from a housing unit which is permanently
installed in the covered "auto" at the time
of the "loss", and such equipment is designed to be solely operated by use of the power from the "auto's" electrical system,
in or upon the covered "auto".
b. We will pay with respect to a covered "auto" described in the Schedule for "loss" to any accessories used with the electronic
equipment described in Paragraph 1.a.
above. However, this does not include
tapes, records or discs.

2. Exclusions
The exclusions that apply to SECTION Ill -
PHYSICAL DAMAGE, except for the exclusion
relating to Audio, Visual and Data Electronic
Equipment, also apply to coverage provided by
this endorsement. In addition, the following exclusions apply:

We will not pay, under this endorsement, for
either any electronic equipment or accessories
used with such electronic equipment that is:
a. Necessary for the normal operation of the
covered "auto" or the monitoring of the
covered "auto's" operating system; or
b. Both:
(1 ). An integral part of the same unit housing any sound reproducing equipment designed solely for the reproduction of
sound if the sound reproducing equipment is permanently installed in the covered "auto"; and
(2). Permanently installed in the opening of
the dash or console normally used by
the manufacturer for the installation of
a radio.

3. Limit Of Insurance
With respect to coverage under this endorsement, the Limit Of Insurance provision of SECTION Ill - PHYSICAL DAMAGE COVERAGE is replaced by the following:
a. The most we will pay for all "loss" to audio,
visual or data electronic equipment and
any accessories used with this equipment
as a result of any one "accident" is the
lesser of:
(1). The actual cash value of the damaged
or stolen property as of the time of the
"loss";
(2). The cost of repairing or replacing the
damaged or stolen property with other
property of like kind and quality; or
(3). $1,500.
b. An adjustment for depreciation and physical condition will be made in determining actual cash value at the time of the "loss".
c. If a repair or replacement results in better
than like kind or quality, we will not pay for
the amount of betterment.

4. Deductible
No deductible applies to this coverage.

The insurance provided by this extension is excess
over any other collectible insurance.

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K. TAPES, RECORDS AND DISCS COVERAGE
Exclusion B.4.a. of SECTION Ill - PHYSICAL
DAMAGE COVERAGE is deleted and replaced by
the following:
a. Tapes, records , discs or other similar audio, visual or data electronic devices designed for use with audio, visual or data electronic equipment except when the
tapes , records, discs or other similar audio, visual or data electronic devices:
(1) Are your property or that of a family
member, and
(2) Are in a co\ered "auto" at the time of
"loss".
(a). The most we will pay for "loss" is
$200. No Physical Damage Coverage deductible applies to this co1,erage.

This extension provides co1,erage only to a co1,ered
"auto".

L. PHYSICAL DAMAGE DEDUCTIBLE - SINGLE

DEDUCTIBLE AND GLASS REPAIR
Paragraph D. Deductible in SECTION Ill -
PHYSICAL DAMAGE COVERAGE is deleted and
replaced by the following:

D. Deductible
For each co1,ered "auto," our obligation to pay
for, repair, return or replace damaged or stolen
property will be reduced by the applicable deductible shown in the Declarations. Any Comprehensi\e Co1,erage deductible shown in the Declarations does not apply to "loss" caused
by fire or lightning.

When two or more co1,ered "autos" sustain
"loss" in the same occurrence, the total of all
the "loss" for all the im,ol\ed co1,ered "autos"
will be reduced by a single deductible, which
will be the largest of all the deductibles applying to all such co1,ered "autos." No deductible applies to glass damage if the
glass is repaired rather than replaced.

M. PERSONAL EFFECTS COVERAGE

1. If you purchase Comprehensi1,e Co1,erage on
this policy for a stolen owned "auto", we will
pay up to $600 for "personal effects" stolen
with the "auto".

2. "Personal effects" as used in this extension
means tangible property that is worn or carried
by the "insured". "Personal effects" does not
include tools, jewelry, money, securities, radar
or laser detectors, or tapes, records, discs or
similar audio, visual or data electronic equipment.

No Deductible applies to this extension.

The insurance provided by this extension is excess
01,er any other collectible insurance.

N. LOAN/LEASE PAYOFF COVERAGE
The SECTION Ill - PHYSICAL DAMAGE COVERAGE is amended by the addition of the following:

In the e1,ent of a total "loss" to a. co1,ered "auto"
shown in the Declarations, we will pay any unpaid
amount due on the lease or loan for a co1,ered "auto", less:

1. The amount paid under the Physical Damage
Co1,erage Section of the policy; and

2. Any:
a. O1,erdue lease/loan payments at the time
of the "loss";
b. Financial penalties imposed under a lease
for excessi\e use, abnormal wear and tear
or high mileage.
c. Security deposits not returned by the lessor;
d. Costs for extended warranties, Credit Life
Insurance, Health, Accident or Disability
Insurance purchased with the loan or
lease; and
e. Carry-01,er balances from previous loans or
leases.

0. CUSTOM SIGNS AND DECORATIONS
In the e1,ent of a total loss to a 1,ehicle insured for auto physical damage co1,erage on this policy, in
addition to the ACV of the 1,ehicle, we will pay the
actual cost to repair or replace signage or custom
paint details up to $5,000.

P. HIRED AUTO PHYSICAL DAMAGE
If hired "autos" are co1,ered "autos" for Liability
Co1,erage and if Physical Damage Co1,erage of
Comprehensi\e, Specified Causes of Loss, or Collision are provided under this Co1,erage Form for any "auto" you own, then the Physical Damage
Co1,erage's prm.ided are extended to "autos" you
hire of like kind and use subject to the following
limit:

The most we will pay for any one loss is the lesser
of the following:

1. $50,000 per accident,
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2. Actual Cash Value, or

3. The cost of repair.

The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. No deductible applies to "loss" caused by fire or lightning. This Hired Auto Physical Damage coverage is excess over any other collectible insurance. Subject to the above limit, deductible and excess pro\oisions, we will pro\oide coverage equal
to the broadest coverage applicable to any covered
"auto" you own.

Q. DUTIES IN EVENT OF ACCIDENT, CLAIM, SUIT

OR LOSS
Subparagraphs A.2.a. of SECTION IV - BUSINESS AUTO CONDITIONS is deleted and replaced by:
a. In the event of "accident", claim, "suit" or
"loss", you, your insurance manager or any
other person you designate must give us or our
authorized representative prompt notice of
such "accident" or "loss". Include:
(1) How, when and where the "accident" or
"loss" occurred;
(2) The "insured's" name and address; and
(3) To the extent possible, the names and addresses of any injured persons and witnesses.

Knowledge of an "accident" or "loss" by your
agent, servant or "employee" shall not be considered knowledge by you unless you, your insurance manager or any other person you designate has
received notice of the "accident" or "loss" from your
agent, servant, or "employee."
R. WAIVER OF SUBROGATION
SECTION IV - BUSINESS AUTO CONDITIONS- A. 5. Transfer of Rights of Recovery Against Others to Us is amended as follows :

This condition does not apply to any person or organization to which you waived this condition by written contract or agreement, but only to the extent that subrogation is waived prior to the "accident" or "loss" under a contract with that person or organization.

S. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS
Paragraph B.2. Concealment, Misrepresentation
Or Fraud in SECTION IV - BUSINESS AUTO
CONDITIONS is amended by adding the following:

Any unintentional failure to disclose all exposures
or hazards existing as of the effective date of the
Business Auto Coverage Form or at any time during the policy period will not invalidate or adversely affect the coverage for such exposure or hazard.

However, you must report the undisclosed exposure or hazard to us as soon as reasonably possible after its discovery.

T. EXTENDED EMPLOYEE HIRED AUTO PHYSICAL
DAMAGE
Paragraph B.5.b. Other Insurance of SECTION IV
- BUSINESS AUTO CONDITIONS is deleted and
replaced by the following:
b. For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own:

1. Any covered "auto" you lease, hire,
rent or borrow; and

2. Any covered "auto" hired or rented by
your "employee" under a contract in
that indi\oidual "employee's" name, with
your permission, while performing duties related to the conduct of your business.

However, any "auto" that is leased, hired, rented or
borrowed with a driver is not a covered "auto".

U. POLICY PERIOD, COVERAGE TERRITORY
Paragraph B.7. Policy Period, Coverage Territory of SECTION IV - BUSINESS AUTO CONDITIONS is deleted and replaced by:

7. Policy Period, Coverage Territory
Under this Coverage Form, we cover "accidents" and "losses" occurring:
a. During the policy period shown in the Declarations; and b. Within the coverage territory.

The coverage territory is:
a. The United States of America;
b. The territories and possessions of the
United States of America;
c. Puerto Rico;
d. Canada; and
e. Anywhere in the world it
(1) A covered "auto" is leased, hired,
rented or borrowed for a period of 30
days or less; and
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(2) The "insured's" responsibility to pay
damages is determined in a "suit" on
the merits, in the United States of
America, the territories and possessions of the United States of America, Puerto Rico, or Canada or in a settlement we agree to.

We also cover "loss" to, or "accidents" im,ollAng, a
covered "auto" while being transported between
any of these places.

V. DEFINITION OF BODILY INJURY AMENDED
Paragraph C. of SECTION V - DEFINITIONS is
amended to include:
"Bodily Injury" includes mental anguish or other
mental injury resulting from "bodily injury." However, no coverage is prolAded for mental anguish or mental injury absent physical injury.

None of the extensions pro\Jided under this coverage endorsement apply if coverage is more specifically identified elsewhere in the policy or endorsements, for which a premium charge is made or a higher limit is identified. Under no circumstances is
any limit pro\Jided under this extension to be combined with a limit pro\Jided elsewhere in the policy or endorsements.
-----------------...JocJudes Ccop,yJ:igbte.d.mateda o osuraoce Ser\Jices Office, Inc.,

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POLICY NUMBER: BCA0004070-03 COMMERCIAL AUTO
AH CA 85 97 09 17
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

DESIGNATED INSURED- PRIMARY AND

NON-CONTRIBUTORY
This endorsement modifies insurance provided under the following:

BUSINESS AUTO COVERAGE FORM

AUTO DEALERS COVERAGE FORM

MOTOR CARRIER COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement.

This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form.

This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below.

Endorsement Effective: 1 o / o 1/2o22 Countersigned By:

Named Insured: Ross Recreation Equipment
Company Inc (Authorized Representative)

SCHEDULE
Name of Person(s) or Organization(s):

As Per Written Contract
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.)

1. Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form.

2. This insurance is primary to and non-contributory with any other insurance for each person or organization shown in the schedule, when required by written contract or agreement that is in effect during the policy period and is signed and executed before any damage or "loss" occurs.

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POLICY NUMBER: BCA0004070-03 COMMERCIAL AUTO
CA 04441013
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

WAIVER OF TRANSFER OF RIGHTS OF RECOVERY

AGAINST OTHERS TO US (WAIVER OF SUBROGATION)
This endorsement modifies insurance provided under the following:

AUTO DEALERS COVERAGE FORM

BUSINESS AUTO COVERAGE FORM

MOTOR CARRIER COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement.

This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below.

Namedlnsured:Ross Recreation Equipment Company Inc
Endorsement Effective Date: 10/01/2022

SCHEDULE
Name(s) Of Person(s) Or Organization(s):

Any person or organization to which you waived this condition by written contract or agreement, but only to the extent that subgrogation is waived prior to the "accident" or "loss" under a contract with that person or organization.

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

The Transfer Of Rights Of Recovery Against
Others To Us condition does not apply to the
person(s) or organization(s) shown in the Schedule,
but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with
that person or organization.

CA 04 4410 13 © Insurance Services Office, Inc., 2011 Page 1 of 1 278
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WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 0410 C (Ed. 01-19)

WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA

BLANKET BASIS
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) The additional premium for this endorsement shall be calculated by applying a factor of 2% to the total manual premium, with a minimum initial charge of $350, then applying all other pricing factors for the policy to this calculated charge to derive the final cost of this endorsement.

This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule.

Blanket Waiver
Person/Organization
Job Description
All CA Operations
Schedule
Blanket Waiver - Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver.

Waiver Premium (prior to adjustments)
350.00
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective: 10/01/2022
Insured:

Policy No.: ROWC330091 Endorsement No.:

Insurance Company: Oak River Insurance Company
WC 99 0410 C
(Ed. 01-19)
Premium$
Countersigned by _______________ _
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DRAFT Ross Recreation for Playground
Equipment Replacement Project 2021-02
Final Audit Report
Created:

By:

Status:

Transaction ID:
2023-06-14
City of Cupertino ([email protected])
Signed
CBJCHBCAABAAcB-TfbOk02jiRKF46ZkW _Oz-7V _ul 1 g_
2023-06-15
"DRAFT Ross Recreation for Playground Equipment Replaceme nt Project 2021-02" History
fl Document created by City of Cupertino ([email protected]) 2023-06-14 - 4:42:46 PM GMT- IP address: 35.229.54.2
czi. Document emailed to Julia Kinst [email protected]) for approval 2023-06-14- 4:44:15 PM GMT
/Do Document approved by Julia Kinst [email protected]) Approval Date: 2023-06-14 - 4:46:27 PM GMT - Time Source: server- IP address: 216.198.111 .214 ~ Document emailed to [email protected] for signature 2023-06-14 - 4:46:33 PM GMT
J,.t Document shared with Kimberly Lunt ([email protected]) by City of Cupertino ([email protected]) 2023-06-14 - 9:28:00 PM GMT- IP address: 216.198.111.214 J,.t Document shared with [email protected] by City of Cupertino ([email protected]) 2023-06-15-3:41 :24 PM GMT- IP address: 216.198.111 .214 fl Email viewed by [email protected]
2023-06-15 - 4:02:23 PM GMT- IP address: 107.209.20.153 /Do Signer [email protected] entered name at signing as Heather Hailey 2023-06-15 - 4:47:49 PM GMT- IP address: 107.209.20.153 /Do Document e-signed by Heather Hailey ([email protected]) Signature Date: 2023-06-15 - 4:47:51 PM GMT - Time Source: server- IP address: 107.209.20.153 0 Agreement completed.
2023-06-15 - 4:47:51 PM GMT
I Adobe
Acrobat Sign
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CITY OF CUPERTINO
Agenda Item
23-12335 Agenda Date: 7/6/2023
Agenda #: 13.

Subject: Introduction of Ordinance No. 23-2249, amending Municipal Code Chapter 2.100 (Regulation of Lobbying Activities)
Conduct a first reading of Ordinance No. 23-2249; "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING CITY CODE CHAPTER 2.100," (Regulation of Lobbying Activities) CITY OF CUPERTINO Page 1 of 1 Printed on 6/28/2023
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CITY ATTORNEY’S OFFICE

CITY HALL
10300 TORRE AVENUE• CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3195 • FAX: (408) 777- 3366
EMAIL: [email protected]
1 CITY COUNCIL STAFF REPORT
Meeting: July 6 2023
Subject
Introduction of Ordinance No. 23-________, amending Municipal Code Chapter 2.100 (Regulation of Lobbying Activities).

Recommended Action
Conduct a first reading of Ordinance No. 23-________, amending Municipal Code Chapter 2.100 (Regulation of Lobbying Activities).

Reasons for Recommendation
The City Council adopted the City’s Lobbyist Registration Ordinance (Municipal Code Chapter

2.100) in February 2021. The ordinance was based on the City of Santa Clara’s lobbyist registration ordinance and incorporates additional language from the City of San José ordinance. Subject to certain exemptions, the ordinance requires organizations or individuals who conduct lobbying activities, as defined by the ordinance, to register and comply with specified disclosure requirements. Presently, a total of six lobbyists are registered under the ordinance.

On July 19, 2022, the League of Women Voters of Cupertino-Sunnyvale (“LWVCS”) filed a complaint against the City in federal district court alleging that the Lobbyist Registration Ordinance violates the First Amendment of the U.S. Constitution and Article 1 of the California Constitution. The City moved to dismiss the complaint on the grounds that it failed to state a claim for relief under the federal or state constitutions, and the court granted the City’s motion on May 1, 2023. LWVCS was granted leave to file an amended complaint.

While the City has been successful in defending the ordinance against this challenge to its constitutionality, the City Attorney’s Office has identified areas where language in the current ordinance could be clarified. The City Attorney’s Office has also consulted with LWVCS, which has provided input on clarifying language and various policy issues. The City and LWVCS have agreed to extend court deadlines to provide the City Council with the opportunity to consider amendments to the ordinance that may resolve disputed issues in the lawsuit. 282
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2 Proposed revisions to the ordinance are presented in Attachments A and B. For certain provisions, the City Attorney’s Office has provided Council with alternative language (labeled Option A and Option B). Staff seeks direction from Council as to which option to include in the first reading of the ordinance. The proposed revisions include the following:
 Section 2.100.030: Revises the definitions of Lobbying and Lobbyist, including the deletion of the registration requirements for “Expenditure Lobbyists.” Option A: Retain the existing $1,000 threshold compensation for registration as a Contract Lobbyist.

Option B: Increase the threshold compensation to $5,000 threshold for registration.  Section 2.100.031: Incorporates the current Section 2.100.030(p) (“Exemptions”) as a new section; revises exemptions for Organization Lobbyist and clarifies exemption for media activities; expands and simplifies exemptions for nonprofit organizations.  Section 2.100.090: Revises information requirements for registration and clarifies the requirement for reporting contacts with City Officials.  Section 2.100.100: Replaces quarterly reporting requirements with semi-annual reporting, consistent with the City of Santa Clara ordinance, in order to reduce the burden of administering the ordinance.
 Section 2.100.130: Adds knowledge or willfulness requirement for violations of ordinance, as well as the following:

Option A: Revise prohibitions in the City ordinance to conform with state law prohibitions.

Option B: Do not incorporate state law provisions into ordinance; delete current Sections

2.100.130(b), (d), and (e).
 Section 2.100.150: Adds a reference to administrative enforcement provisions of the Municipal Code.
 Section 2.100.170: Deletes practice restrictions section of current ordinance.

The proposed ordinance also includes other revisions for clarity, internal consistency, and/or gender neutrality in Sections 2.100.020, 2.100.030, 2.100.050, 2.100.080, 2.100.120, and 2.100.140, and the proposed Section 2.100.170 (currently Section 2.100.180). In addition to improving the clarity of and removing certain internal inconsistencies in the ordinance, the proposed revisions would emphasize that the ordinance’s intent to regulate paid lobbying of public officials by for283 CC 07-06-2023
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3 profit entities and not communications to the general public that are entitled to greater protection under the First Amendment.

If the City Council identifies preferred language with respect to each of the options set forth above and conducts a first reading of the ordinance, the ordinance will return to Council on July 18 for its second reading and adoption.

Sustainability Impact
No sustainability impact.

Fiscal Impact
No fiscal impact.

California Environmental Quality Act
Not applicable.
_____________________________________
Prepared by: Christopher D. Jensen, City Attorney
Approved for Submission by: Pamela Wu, City Manager
Attachments:

A –Draft Ordinance Amending Chapter 2.100 (clean)
B – Draft Ordinance Amending Chapter 2.100 (blackline)
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ORDINANCE NO. 23-_______________

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING CITY CODE CHAPTER 2.100

THE CITY COUNCIL OF THE OF CITY OF CUPERTINO DOES ORDAIN AS FOLLOWS:

SECTION 1: Adoption.

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

SECTION 2: Severability and Continuity.

The City Council declares that each section, sub-section, paragraph, sub-paragraph, sentence, clause and phrase of this ordinance is severable and independent of every other section, sub-section, paragraph, sub-paragraph, sentence, clause and phrase of this ordinance. If any section, sub-section, paragraph, sub-paragraph, sentence, clause or phrase of this ordinance is held invalid, or its application to any person or circumstance, be determined by a court of competent jurisdiction to be unlawful, unenforceable or otherwise void, the City Council declares that it would have adopted the remaining provisions of this ordinance irrespective of such portion, and further declares its express intent that the remaining portions of this ordinance should remain in effect after the invalid portion has been eliminated. To the extent the provisions of this Ordinance are substantially the same as previous provisions of the Cupertino Municipal Code, these provisions shall be construed as continuations of those provisions and not as an amendment to or readoption of the earlier provisions.

SECTION 3: Effective Date.

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

SECTION 4: Publication.

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

Pursuant to Government Code Section 36933, a summary of this Ordinance may be prepared by the City Clerk and published in lieu of publication of the entire text. The City Clerk shall post in the office of the City Clerk a certified copy of the full text of the Ordinance listing the names of the City Council members voting for and against the ordinance.
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Ordinance No. 23-__________

INTRODUCED at a special meeting of the Cupertino City Council on July 6, 2023 and ENACTED at a regular meeting of the Cupertino City Council on July 18, 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
APPROVED AS TO FORM:
_______________________
Christopher D. Jensen, City Attorney
________________________
Date
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1 Attachment A – Amendments to Chapter 2.100: Regulation of Lobbying Activities The sections of the Cupertino Municipal Code set forth below are amended or adopted as follows.

2.100.010 Purpose.

The purpose of this chapter is to impose registration and disclosure requirements on those engaged in efforts to influence the decisions of City policy makers for Compensation. Disclosure of Lobbyists’ identities and activities fosters public confidence in government officials by making government decision-making more transparent to the public. Additionally, the disclosure and registration requirements ensure that City Officials are made aware of the interests that Lobbyists represent when the officials are lobbied.

2.100.020 Interpretation.

Unless the term is otherwise specifically defined in this chapter or the contrary is stated, this chapter is intended to be interpreted consistently with the Political Reform Act of 1974, Government Code Section 81000 et seq., as amended from time to time.

2.100.030 Definitions.

For the purposes of this chapter, the following definitions shall be applicable:
(a) “Activity Expense” means any payment made by a Lobbyist to or directly benefiting any City Official, City Official-elect or member of his or her immediate family. Activity Expenses include Gifts, honoraria, consulting fees, salaries and any other form of Compensation, but do not include campaign contributions. (b) “Administrative Action” means the proposal, drafting, development, consideration, advocacy or recommendation of any rule, regulation, agreement or contract, permit, license or hiring action.
(c) “At the behest” means at the specific direction of, or at the personal request or suggestion of, or with the express prior consent of, any elective City Official, City Official-elect or candidate for elective City office.
(d) “City Official” means any public official, or City employee who participates in the consideration of any Legislative Action or Administrative Action other than in a purely clerical, secretarial or ministerial capacity. It shall also include any City board or commission member, or City representative to any joint powers authority to which the City is a party, and any person working in a capacity as a consultant to the City. (e) “Client” means a Person who is represented by a Contract Lobbyist, but shall not include the employer, if any, of the Contract Lobbyist. 287
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2 (f) “Compensation” includes, but is not limited to, money of any denomination or origin; goods or services or anything of value, delivered or rendered; or promises to perform or provide services or contractual arrangements or awards. (g) “Contact” means attendance at a meeting with a City Official or City Officialelect, or any direct communication with a City Official or City Official-elect, whether oral, electronic or in writing, including, but not limited to communication through an agent, associate or employee, for the purpose of Lobbying. (h) “Fundraising Activity” means soliciting a contribution; hosting or sponsoring a fundraising event; or hiring a fundraiser or contractor to conduct any event designed for political fundraising at which contributions for any City Official, candidate for elective City office or any controlled committee of an elected City Official or candidate for City office or for any political action committee, political party or candidate for elective office of a governmental Organization are solicited, delivered or made. (i) “Gift” has the definition provided by the California Political Reform Act of 1974, Government Code Section 82028, as amended from time to time. (j) “Independent Expenditure” has the definition provided by the California Political Reform Act of 1974, Government Code Section 82031, as amended from time to time. (k) “Influencing” or “to Influence” means the purposeful communication, either directly or through agents, promoting, supporting, modifying, opposing, causing the delay or abandonment of conduct, or otherwise intentionally affecting the behavior of a City Official or official-elect, by any means, including, but not limited to, providing or using persuasion, information, incentives, statistics, studies or analyses. (l) “Intermediary” means a Person who makes a campaign or officeholder contribution on behalf of another Person. A Person is an Intermediary for a contribution if the recipient of the contribution would consider that Person to be the contributor without the disclosure of the identity of the true source of the contribution. A Lobbyist acts as an Intermediary if the Lobbyist makes a contribution on behalf of another Person, and that other Person is acknowledged as the contributor, and the Lobbyist is reimbursed for the contribution.
(m) “Legislative Action” means the drafting, introduction, consideration, modification, enactment or defeat of any resolution, ordinance, amendment thereto, report, nomination, or other action of the Mayor, City Council, any City board, committee, or commission or any joint powers authority of which the City is a party, acting in its official capacity, or the granting, approval, or amendment of contracts or agreements to which the City is a party by any of the foregoing. 288
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3 (n) “Lobbying” means making a Contact with a City Official for the purpose of Influencing or attempting to Influence, whether or not successful, a Legislative Action or Administrative Action of the City on behalf of his or her employer or client, except as provided in section 2.100.031.
[OPTION A: Revise definition of “Lobbyist,” and retain or establish $1,000 compensation threshold.]
(o) “Lobbyist” means a Contract Lobbyist or Organization Lobbyist as follows:
(1) Contract Lobbyist: A Person who engages in Lobbying on behalf of one or more Clients (acting individually or through agents, associates, employees or contractors) and who has received or has entered into an agreement for Compensation of one thousand dollars ($1,000.00) or more, or equivalent nonmonetary Compensation (“threshold Compensation”) for engaging in Lobbying during any consecutive threemonth period during the preceding twenty-four months; or (2) Organization Lobbyist: Any Organization that hires an employee for Compensation to engage in Lobbying on its behalf with the City, provided that the employee is paid one thousand dollars ($1,000.00) or more, or equivalent nonmonetary Compensation (“threshold Compensation”), during any consecutive three-month period during the preceding twenty-four months specifically for engaging in Lobbying or for time during which Lobbying was the employee’s primary duty. Individuals employed by an Organization Lobbyist to engage in Lobbying are not themselves Lobbyists unless they meet the definition of Contract Lobbyist. [OPTION B: Revise definition of “Lobbyist,” and increase compensation threshold to $5,000.]
(o) “Lobbyist” means a Contract Lobbyist or Organization Lobbyist as follows:
(1) Contract Lobbyist: A Person who engages in Lobbying on behalf of one or more Clients (acting individually or through agents, associates, employees or contractors) and who has received or has entered into an agreement for Compensation of five thousand dollars ($5,000.00) or more, or equivalent nonmonetary Compensation (“threshold Compensation”) for engaging in Lobbying during any consecutive threemonth period during the preceding twenty-four months; or (2) Organization Lobbyist: Any Organization that hires an employee for Compensation to engage in Lobbying on its behalf with the City, provided that the employee is paid five thousand dollars ($5,000.00) or more, or equivalent nonmonetary Compensation (“threshold Compensation”), during any consecutive three-month period during the preceding twenty-four months specifically for engaging in Lobbying or for time during which Lobbying was the employee’s primary duty. Individuals 289
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4 employed by an Organization Lobbyist to engage in Lobbying are not themselves Lobbyists unless they meet the definition of Contract Lobbyist. (p) “Organization” means any Person that is not an individual. (q) “Person” means any individual, domestic or foreign corporation, for-profit or nonprofit entity, firm, association, syndicate, union, chamber of commerce, joint-stock company, partnership of any kind, limited liability company, common-law trust, society, or any other group of Persons acting in concert.

2.100.031 Excluded Activities.
(a) For the purposes of this chapter, the following activities shall not be considered Lobbying, and the performance of such activities shall not be considered in determining whether a Person is a Lobbyist:
(1) Any actions taken by a public official acting in his or her official capacity or acting within the scope of his or her employment or appointment; (2)Any actions taken by a Person hired by the City for work performed on behalf of the City, or a Person who prepares documents for consideration by the City under the California Environmental Quality Act, when acting in that capacity; (3) With respect only to Persons who do not otherwise qualify as Lobbyists, appearing at or submitting testimony for any public meeting held by the City or any of its agencies, offices, or departments, as long as the communications thereto are public records available for public review;
(4) Providing oral or written information pursuant to a subpoena or otherwise compelled by law or regulation, or in response to an official request; (5) Communicating with City Officials in connection with the administration of an existing contract or agreement between the Person (or its employer) and the City; (6) Meeting with the City Attorney, or City staff regarding any claim or litigation matter, negotiation of any agreements or contracts where the City is a party, or the requirements or interpretation of this chapter.
(7) Communications by designated representatives of a recognized employee Organization to City Officials or their representatives regarding (A) wages, hours and other terms or conditions of employment, or (B) the administration, implementation or interpretation of an existing employment agreement;
(8) Submitting bids or responding to requests for proposals while directly communicating with the official or department specifically designated to receive such information;
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5 (9) For purposes of the definition of Organization Lobbyist, actions taken by the owners or employees of a business seeking to obtain a permit or other entitlement, license, or similar Administrative Action generally available to qualifying members of the public. This exemption shall not apply to actions taken on behalf of, or for the benefit of, a Client by a Contract Lobbyist;
(10) For purposes of the definition of Organization Lobbyist, actions taken by the Media in the ordinary course of news gathering, reporting, or editorial activity, as generally carried out by members of the professional or amateur press. “Media” shall mean the publishers of newspapers or any other regularly published periodical or newsletter, a radio or television station or network, and Persons who publish information on the Internet. This exemption shall not apply to actions taken on behalf of, or for the benefit of, a Client by a Contract Lobbyist; (11) Communications by individuals who are professionally licensed by a State licensing Organization pursuant to the California Business and Professions Code, including, but not limited to, attorneys, architects and engineers, and whose communications are made in the course of professional activity under such license; (12) Actions taken by individuals whose only Compensation for the actions is reimbursement of their own reasonable travel, meals, or incidental expenses; and (13) Actions taken by a nonprofit Organization, or its officers or employees.

2.100.040 Registration.

Lobbyists shall register with the City Clerk within fifteen (15) days after qualifying as a Lobbyist under CMC 2.100.030. Should a Lobbyist have a change to its registration information, including, but not limited to, the City Legislative Action or Administrative Action as to which the Lobbyist has been engaged, after the annual registration period, such Lobbyist shall file an amended registration with the City Clerk within fifteen (15) days of such change with the changed information.

2.100.050 Annual registration renewal.

A Lobbyist shall renew their registration by January 15th of each year unless they have terminated their status as a Lobbyist pursuant to CMC 2.100.060 by such date.

2.100.060 Termination of Lobbyist status.

After initial registration, annual registration renewal will not be required if a declaration attesting to the termination of Lobbying services within the City has been filed with the City Clerk no later than January 15th.
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6 2.100.070 Active status.

All registrations, renewals and terminations will be deemed filed on the date received by the City Clerk. A Lobbyist shall be deemed active for the duration of the year of registration ending December 31st, unless a declaration attesting to termination of Lobbying services within the City is filed.

2.100.080 Registration fees.

Persons subject to the registration requirements of this chapter shall pay an annual fee set by resolution of the City Council.
(a) The applicable registration fee is due at the time of registration or registration renewal. Payment will be deemed delinquent thereafter. Delinquency fees may be assessed as specified in subsection (c) of this section, if payment occurs after the due date.
(b) In addition to the annual fee, each registrant who is a Contract Lobbyist shall pay a fee set by resolution of the City Council per Client for whom Lobbying is undertaken for Compensation in excess of five hundred dollars ($500.00). The fees for Clients as of the date of initial registration shall be submitted with the registration. The fees for subsequent Clients shall be due and submitted within fifteen (15) days of such change with the changed information pursuant to CMC 2.100.040. (c) An administrative penalty of twenty-five dollars ($25.00) per day for delinquent fees, up to a maximum of five hundred dollars ($500.00) in total penalties, will be assessed until in compliance with the registration provisions herein.

2.100.090 Required registration information.

The initial registration shall contain the name, business address, telephone, email addresses and, if applicable, business license of all Persons required to register pursuant to this chapter, including the names of all owners of sole proprietorships and partnerships of fewer than ten Persons. If the registrant is a corporation, it shall also include the names of the president, secretary, chief financial officer, and agent for service of process, if any. In addition to this information, the report shall contain the following:
(a) Contract Lobbyists: The name, business address, and telephone number of each Client and the item(s) of Legislative Action or Administrative Action the Lobbyist is seeking to influence on behalf of the Client; and the name of each Person employed or retained by the Lobbyist to lobby on behalf of each Client. 292
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7 (b) Organization Lobbyists: The names of owners, officers, or employees engaged in Lobbying on behalf of the Organization, and the item(s) of Legislative Action or Administrative Action t those owners, officers, or employees are seeking to influence. (c) Payment received by the reporting Lobbyist for services as a consultant or in any other capacity for services rendered to a City agency, any City Official or any City Official-elect or their controlled committees, or ballot measure committee within the previous calendar year. The dates of payment and name of each payer shall be included.
(d) Campaign and officeholder contributions that a Lobbyist made, delivered or acted as an Intermediary for, to an elected City Official or candidate for City office made during the preceding calendar year. A Person is an Intermediary for a contribution if the recipient of the contribution would consider that Person to be the contributor without the disclosure of the identity of the true source of the contribution.

Also, a Lobbyist acts as an Intermediary if the Lobbyist makes a contribution on behalf of another Person, and that other Person is acknowledged as the contributor, and the Lobbyist is reimbursed for the contribution.
(e) Campaign and officeholder contributions made at the behest of an elected City Official or candidate to any other elected public official or candidate for public office during the preceding calendar year.
(f) All Independent Expenditures made for or for the benefit of a City Official or candidate for City office made during the preceding calendar year. (g) Fundraising Activity for any City Official, candidate for elective City office or any controlled committee of the elected City Official or candidate for City office or for any political action committee, political party or candidate for elective office of a governmental Organization made at the behest of a City Official during the preceding calendar year. Required information and disclosures must include the name of the City Official, candidate, committee or party on whose behalf the Lobbyist engaged in fundraising activities, or delivered or acted as Intermediary for one or more contributions. The information and disclosures must also include the name of the City Official requesting the Fundraising Activity, the date of the Fundraising Activity, the name of the contributors and the amount of contributions raised, delivered and/or made in connection with which the Lobbyist acted as an Intermediary. (h) Donations to for profit or nonprofit Organizations made at the behest of a City Official or candidate for elective City office of any contribution or payment of more than one thousand dollars in the aggregate made during the preceding calendar year. 293
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8 (i) Contacts made with City Officials or City Officials-elect during the preceding calendar year for the purpose of to influence Lobbying, which shall describe the matter that the Lobbyist sought to influence.
(j)Activity Expenses such as payments that directly benefit any City Official, City Official-elect or member of his or her immediate family or domestic partner made during the preceding calendar year. Activity Expenses include Gifts, honoraria, consulting fees, salaries and other forms of Compensation, but do not include campaign contributions.
(k) The name, address, title and telephone number of the Person responsible for preparing the report, together with that individual’s signature attesting to the authority of the signatory and the accuracy and truthfulness of the information submitted.

2.100.100 Semi-annual reports.

Semi-annual reports for the prior six-month period are to be filed with the City Clerk by each Lobbyist on or before July 15th and January 15th of each year, whether or not any Lobbying activities have occurred during such period. Electronic reporting may also be permitted by the City Clerk. Each semi-annual report shall contain the same information as required to be disclosed in the initial registration, for those activities occurring in that period. If a Lobbyist has terminated all Lobbying activities during such period, the Lobbyist may file a declaration of termination with the semi-annual report. The final semi-annual report shall include disclosure of any Lobbying activities during the period of termination.

2.100.110 Records retention.

All information, reports and statements required to be filed under the provisions of this chapter shall be compiled and preserved by the City pursuant to the City’s records retention schedule and shall be open to public inspection. Copies of the records pertaining to the above-required reports shall be preserved by the Lobbyist for inspection and audit for a period of four years from date of production.

2.100.120 Lobbyist identification.

When appearing in a Lobbying capacity at any meeting with a City Official or at a public meeting of the City Council or any other City board, commission or hearing, a Contract Lobbyist shall identify themself and the Client(s) on whose behalf they are appearing, and an individual representing an individual representing an Organization Lobbyist shall identify themself and the Organization they represent. 294
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9 2.100.130 Prohibitions.

It shall be unlawful for any Person to knowingly or willfully (as those terms are defined in Penal Code section 7) commit any of the following acts:
[OPTION A: Incorporate state law prohibitions into City ordinance.] (a) Acting as a Lobbyist in the City without having registered in compliance with this chapter, or knowingly to employ a Person or entity to serve as a Lobbyist when such Person is not registered pursuant to this chapter. (b) Performing any action with the purpose of placing any City Official or candidate for City office under personal obligation to the Lobbyist or any Contract Lobbyist’s Client.
(c) Deceiving or attempting to deceive any City Official or candidate for City office with regard to any material fact pertinent to any pending or proposed Legislative Action or Administrative Action.
(d) Causing or influencing the introduction of any Legislative Action for the purpose of thereafter being employed to secure its passage or defeat. (e) Attempting to create a fictitious appearance of public favor or disfavor of any proposed Legislative Action or Administrative Action or to cause any communication to be sent to any City Official or candidate for City office in the name of any fictitious person or in the name of any real person, except with the consent of such real person.

This section shall not be interpreted to restrict communications made anonymously. (f) Representing falsely, either directly or indirectly, that the Lobbyist can control the official action of any City Official or candidate for City office. (g) Accepting or agreeing to accept any payment in any way contingent upon the defeat, enactment, or outcome of any proposed Legislative Action or Administrative Action.
(h) Attempting to evade the requirements of this chapter through indirect efforts or through the use of agents, associates, intermediaries or employees. [OPTION B: Do not incorporate state law prohibitions into City ordinance and limit scope of prohibitions to paragraphs (a)-(b), below.]
(a) Acting as a Lobbyist in the City without having registered in compliance with this chapter, or knowingly to employ a Person or entity to serve as a Lobbyist when such Person is not registered pursuant to this chapter. 295
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10 (b) Attempting to evade the requirements of this chapter through indirect efforts or through the use of agents, associates, intermediaries or employees.

2.100.140 Gifts.

It shall be unlawful for any Lobbyist to deliver or cause to be delivered any Gift to any City Official, and for any City Official to accept any Gift from a Lobbyist. This provision shall be interpreted consistently with Government Code Section 86203.

2.100.150 Enforcement.

Persons or entities that violate this chapter may be subject to penalties as set forth in CMC 1.10.150 and 1.12.010.

2.100.160 Injunction.

The City Attorney may seek injunctive relief in the courts to enjoin violations of or to compel compliance with the provisions of this chapter.

2.100.170 Exemptions.

Any Person who in good faith and on reasonable grounds believes that he or she is not required to comply with the provisions of CMC 2.100.040 by reason of his or her being excluded under CMC 2.100.031 shall not be deemed to have violated the provisions of this chapter if, within fifteen (15) days after notice from the City, he or she either complies or furnishes satisfactory evidence to the City that he or she is exempt from registration.
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ORDINANCE NO. 23-_______________

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING CITY CODE CHAPTER 2.100

THE CITY COUNCIL OF THE OF CITY OF CUPERTINO DOES ORDAIN AS FOLLOWS:

SECTION 1: Adoption.

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

SECTION 2: Severability and Continuity.

The City Council declares that each section, sub-section, paragraph, sub-paragraph, sentence, clause and phrase of this ordinance is severable and independent of every other section, sub-section, paragraph, sub-paragraph, sentence, clause and phrase of this ordinance. If any section, sub-section, paragraph, sub-paragraph, sentence, clause or phrase of this ordinance is held invalid, or its application to any person or circumstance, be determined by a court of competent jurisdiction to be unlawful, unenforceable or otherwise void, the City Council declares that it would have adopted the remaining provisions of this ordinance irrespective of such portion, and further declares its express intent that the remaining portions of this ordinance should remain in effect after the invalid portion has been eliminated. To the extent the provisions of this Ordinance are substantially the same as previous provisions of the Cupertino Municipal Code, these provisions shall be construed as continuations of those provisions and not as an amendment to or readoption of the earlier provisions.

SECTION 3: Effective Date.

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

SECTION 4: Publication.

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

Pursuant to Government Code Section 36933, a summary of this Ordinance may be prepared by the City Clerk and published in lieu of publication of the entire text. The City Clerk shall post in the office of the City Clerk a certified copy of the full text of the Ordinance listing the names of the City Council members voting for and against the ordinance.
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Ordinance No. 23-__________

INTRODUCED at a special meeting of the Cupertino City Council on July 6, 2023 and ENACTED at a regular meeting of the Cupertino City Council on July 18, 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
APPROVED AS TO FORM:
_______________________
Christopher D. Jensen, City Attorney
________________________
Date
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1 Attachment A – Amendments to Chapter 2.100: Regulation of Lobbying Activities The sections of the Cupertino Municipal Code set forth below are amended or adopted as follows.

2.100.010 Purpose.

The purpose of this chapter is to impose registration and disclosure requirements on those engaged in efforts to influence the decisions of City policy makers for Compensation. Disclosure of Lobbyists’ identities and activities fosters public confidence in government officials by making government decision-making more transparent to the public. Additionally, the disclosure and registration requirements ensure that City Officials are made aware of the interests that Lobbyists represent when the officials are lobbied.

2.100.020 Interpretation.

Unless the term is otherwise specifically defined in this chapter or the contrary is stated or clearly appears from the context, the definitions set forth in, this chapter is intended to be interpreted consistently with the Political Reform Act of 1974, Government Code Section 81000 et seq., as amended from time to time shall govern the interpretation of this chapter.

2.100.030 Definitions.

For the purposes of this chapter, the following definitions shall be applicable:
(a) “Activity Expense” means any payment made by a Lobbyist to or directly benefiting any City Official, City Official-elect or member of his or her immediate family. Activity Expenses include Gifts, honoraria, consulting fees, salaries and any other form of Compensation, but do not include campaign contributions. (b) “Administrative Action” means the proposal, drafting, development, consideration, advocacy or recommendation of any rule, regulation, agreement or contract, permit, license or hiring action.
(c) “At the behest” means at the specific direction of, or at the personal request or suggestion of, or with the express prior consent of, any elective City Official, City Official-elect or candidate for elective City office.
(d) “City Official” means any public official, or City employee who participates in the consideration of any Legislative Action or Administrative Action other than in a purely clerical, secretarial or ministerial capacity. It shall also include any City board or commission member, or City representative to any joint powers authority to which the City is a party, and any person working in a capacity as a consultant to the City. 299
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2 (e) “Client” means a Person who is represented by a Contract Lobbyist, but shall not include the employer, if any, of the Contract Lobbyist. (f) “Compensation” includes, but is not limited to, money of any denomination or origin; goods or services or anything of value, delivered or rendered; or promises to perform or provide services or contractual arrangements or awards. (g) “Contact” means attendance at a meeting with a City Official or City Officialelect, or any direct communication with a City Official or City Official-elect, whether oral, electronic or in writing, including, but not limited to communication through an agent, associate or employee, for the purpose of engaging in Lobbying activity. (h) “Fundraising Activity” means soliciting a contribution; hosting or sponsoring a fundraising event; or hiring a fundraiser or contractor to conduct any event designed for political fundraising at which contributions for any City Official, candidate for elective City office or any controlled committee of an elected City Official or candidate for City office or for any political action committee, political party or candidate for elective office of a governmental Organization are solicited, delivered or made. (i) “Gift” means gift as defined in has the definition provided by the California Political Reform Act of 1974, Government Code Section 81000 et seq.82028, as amended from time to time.
(j) “Independent Expenditure” means an expenditure made by any Person, including a payment of public moneys by a state or local governmental agency, in connection with a communication which expressly advocates the election or defeat of a clearly identified candidate or the qualification, passage or defeat of a clearly identified measure, or taken as a whole and in context, unambiguously urges a particular result in an election but which is not made to or at the behest of the affected candidate or committee has the definition provided by the California Political Reform Act of 1974, Government Code Section 82031, as amended from time to time. (k) “Influencing” or “to Influence” means the purposeful communication, either directly or through agents, promoting, supporting, modifying, opposing, causing the delay or abandonment of conduct, or otherwise intentionally affecting the behavior of a City Official or official-elect, by any means, including, but not limited to, providing or using persuasion, information, incentives, statistics, studies or analyses. (l) “Intermediary” means a Person who makes a campaign or officeholder contribution on behalf of another Person. A Person is an Intermediary for a contribution if the recipient of the contribution would consider that Person to be the contributor without the disclosure of the identity of the true source of the contribution. A Lobbyist acts as an Intermediary if the Lobbyist makes a contribution on behalf of another 300
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3 Person, and that other Person is acknowledged as the contributor, and the Lobbyist is reimbursed for the contribution.
(m) “Legislative Action” means the drafting, introduction, consideration, modification, enactment or defeat of any resolution, ordinance, amendment thereto, report, nomination, or other action of the Mayor, City Council, any City board, committee, or commission or any joint powers authority of which the City is a party, acting in its official capacity, or the granting, approval, or amendment of contracts or agreements to which the City is a party by any of the foregoing. (n) “Lobbying” is the means making a Contact with a City Official for the purpose of means making a Contact with a City Official for the purpose of Influencing or attempting to influence Influence, whether or not successful, a Legislative Action or Administrative Action of the City on behalf of his or her employer or client, except as provided in section 2.100.031.
[OPTION A: Revise definition of “Lobbyist,” and retain or establish $1,000 compensation threshold.]
(o) “Lobbyist,” unless exempt under subsection (p) of this section, means a Contract Lobbyist or Organization Lobbyist as follows:
(1) Contract Lobbyist: A Person who engages in Lobbying on behalf of one or more Clients (acting individually or through agents, associates, employees or contractors) and who has received or has entered into an agreement for Compensation of one thousand dollars ($1,000.00) or more, or equivalent nonmonetary Compensation (“threshold Compensation”) for engaging in Lobbying during any consecutive threemonth period during the preceding twenty-four months; or (2) Organization Lobbyist: Any business or Organization, whose owner(s), officer(s) or employee(s) carry out Lobbying on its behalf, in an aggregate amount of ten hours or more within any consecutive twelve (12)-month period, whether or not such officers or employees are specifically compensated to engage in Lobbying; provided, that the activities of officers shall be considered Lobbying only if those officers receive Compensation by the business or Organization beyond reimbursement for their reasonable travel, meals or incidental expensesAny Organization that hires an employee for Compensation to engage in Lobbying on its behalf with the City, provided that the employee is paid one thousand dollars ($1,000.00) or more, or equivalent nonmonetary Compensation (“threshold Compensation”), during any consecutive three-month period during the preceding twenty-four months specifically for engaging in Lobbying or for time during which Lobbying was the employee’s primary duty. Individuals employed by an Organization Lobbyist to engage in 301
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4 Lobbying are not themselves Lobbyists unless they meet the definition of Contract Lobbyist.
[OPTION B: Revise definition of “Lobbyist,” and increase compensation threshold to $5,000.]
(o) “Lobbyist,” unless exempt under subsection (p) of this section, means a Contract Lobbyist or Organization Lobbyist as follows:
(1) Contract Lobbyist: A Person who engages in Lobbying on behalf of one or more Clients (acting individually or through agents, associates, employees or contractors) and who has received or has entered into an agreement for Compensation of one thousand dollars ($1,000.00) five thousand dollars ($5,000.00) or more, or equivalent nonmonetary Compensation (“threshold Compensation”) for engaging in Lobbying during any consecutive three-month period during the preceding twenty-four months; or
(2) Organization Lobbyist: Any business or Organization, whose owner(s), officer(s) or employee(s) carry out Lobbying on its behalf, in an aggregate amount of ten hours or more within any consecutive twelve (12)-month period, whether or not such officers or employees are specifically compensated to engage in Lobbying; provided, that the activities of officers shall be considered Lobbying only if those officers receive Compensation by the business or Organization beyond reimbursement for their reasonable travel, meals or incidental expensesAny Organization that hires an employee for Compensation to engage in Lobbying on its behalf with the City, provided that the employee is paid five thousand dollars ($5,000.00) or more, or equivalent nonmonetary Compensation (“threshold Compensation”), during any consecutive three-month period during the preceding twenty-four months specifically for engaging in Lobbying or for time during which Lobbying was the employee’s primary duty. Individuals employed by an Organization Lobbyist to engage in Lobbying are not themselves Lobbyists unless they meet the definition of Contract Lobbyist.
(3) Expenditure Lobbyist: A Person who makes payments or incurs expenditures of five thousand dollars ($5,000.00) or more during any calendar year in connection with carrying out public relations, advertising or similar activities with the intent of soliciting or urging, directly or indirectly, other Persons to communicate directly with any City Official in order to attempt to influence Legislative Action or Administrative Action. The five thousand dollar ($5,000.00) threshold shall not include: (A) Compensation paid to Contract Lobbyists or employees for Lobbying; or (B) dues payments, donations, or other economic consideration paid to an Organization, 302
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5 regardless of whether the dues payments, donations or other economic consideration are used in whole or in part to lobby.
(p) Exemptions to “Lobbyist” include:
(1) Any public official acting in his or her official capacity or acting within the scope of his or her employment or appointment;
(2) The Media, when limiting its action to the ordinary course of news gathering or editorial activity, as carried out by members of the press. “Media” shall mean newspapers or any other regularly published periodical, radio or television station or network or information published on the Internet. This exemption does not apply to individuals conducting media activities when that individual would otherwise qualify as a Contract Lobbyist under this chapter;
(3) Persons reimbursed for only their reasonable travel, meals or incidental expenses, including, but not limited to, uncompensated members or directors of nonprofit Organizations, such as chambers of commerce;
(4) Persons whose communications regarding any Legislative Action or Administrative Action are solely limited to appearing at or submitting testimony for any public meeting held by the City or any of its agencies, offices, or departments, as long as the communications thereto are public records available for public review.

Persons who appear or testify at public meetings and who otherwise qualify as Lobbyists due to other activities must register and disclose their Lobbying activities directed toward City Officials, and must identify themselves and their Clients at public meetings, in the same manner and to the same extent such registration, disclosure, and identification is required of all other Lobbyists;
(5) Persons submitting bids or responding to requests for proposals, provided the provision of such information is limited to direct conversation or correspondence with the official or department specifically designated to receive such information; (6) Persons providing oral or written information pursuant to a subpoena or otherwise compelled by law or regulation, or in response to an official request; provided, that the request and response thereto are public records available for public review;
(7) Designated representatives of a recognized employee Organization whose activities are limited to communicating with City Officials or their representatives regarding (A) wages, hours and other terms or conditions of employment, or (B) the administration, implementation or interpretation of an existing employment agreement; 303
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6 (8) Persons who are professionally licensed by a State licensing Organization pursuant to the California Business and Professions Code, including, but not limited to, attorneys, architects and engineers; provided however, the exemption for attorneys shall only be applicable if the attorney is engaged in the practice of law with respect to the subject of the employment;
(9) Board members or employees of nonprofit 501©(3) corporations, unless the nonprofit Organization is Lobbying for a specific project, issue or Person for which the Organization has received Compensation or a contribution to lobby for or against a specific project, issue or Person;
(10) Members of neighborhood associations;
(11) A Person hired by the City for work performed on behalf of the City, or a Person who prepares documents for consideration by the City under the California Environmental Quality Act;
(12) The owner of a business whose attempts to influence governmental action are on behalf of the business and:
(i) The owner or business has not retained a Person to engage in Lobbying activity on behalf of the owner or business; or
(ii) Officers or employees of the business (not including the owner) have not engaged in Lobbying activity on behalf of the owner or business.

This exemption applies only to the threshold for becoming a Business or Organization Lobbyist as defined under Section 2.100.030(o), subsection (2). An owner of a business who meets this exemption is subject to the requirements of this chapter if he or she meets the definition of Contract Lobbyist or Expenditure Lobbyist as defined under subsections (1) and (3) of Section 2.100.030(o), respectively; (13) Persons who meet with City Officials solely to lodge “whistleblower” complaints relating to alleged improper governmental activity such as mismanagement, waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety;
(14) Persons whose communications with City Officials are solely in connection with the administration of an existing contract or agreement between the Person and the City; or
(15) Persons who meet with the City Attorney, or City staff regarding any claim or litigation matter, negotiation of any agreements or contracts where the City is a party, or the requirements or interpretation of this chapter.
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7 (q)(p) “Organization” means any Person that is not an individual. (r)(q) “Person” means any individual, domestic or foreign corporation, for-profit or nonprofit entity, firm, association, syndicate, union, chamber of commerce, joint-stock company, partnership of any kind, limited liability company, common-law trust, society, or any other group of Persons acting in concert.

2.100.031 Excluded Activities.
(a) For the purposes of this chapter, the following activities shall not be considered Lobbying, and the performance of such activities shall not be considered in determining whether a Person is a Lobbyist:
(1) Any actions taken by a public official acting in his or her official capacity or acting within the scope of his or her employment or appointment; (2)Any actions taken by a Person hired by the City for work performed on behalf of the City, or a Person who prepares documents for consideration by the City under the California Environmental Quality Act, when acting in that capacity; (3) With respect only to Persons who do not otherwise qualify as Lobbyists, appearing at or submitting testimony for any public meeting held by the City or any of its agencies, offices, or departments, as long as the communications thereto are public records available for public review;
(4) Providing oral or written information pursuant to a subpoena or otherwise compelled by law or regulation, or in response to an official request; (5) Communicating with City Officials in connection with the administration of an existing contract or agreement between the Person (or its employer) and the City; (6) Meeting with the City Attorney, or City staff regarding any claim or litigation matter, negotiation of any agreements or contracts where the City is a party, or the requirements or interpretation of this chapter.
(7) Communications by designated representatives of a recognized employee Organization to City Officials or their representatives regarding (A) wages, hours and other terms or conditions of employment, or (B) the administration, implementation or interpretation of an existing employment agreement;
(8) Submitting bids or responding to requests for proposals while directly communicating with the official or department specifically designated to receive such information;
(9) For purposes of the definition of Organization Lobbyist, actions taken by the owners or employees of a business seeking to obtain a permit or other entitlement, 305
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8 license, or similar Administrative Action generally available to qualifying members of the public. This exemption shall not apply to actions taken on behalf of, or for the benefit of, a Client by a Contract Lobbyist;
(10) For purposes of the definition of Organization Lobbyist, actions taken by the Media in the ordinary course of news gathering, reporting, or editorial activity, as generally carried out by members of the professional or amateur press. “Media” shall mean the publishers of newspapers or any other regularly published periodical or newsletter, a radio or television station or network, and Persons who publish information on the Internet. This exemption shall not apply to actions taken on behalf of, or for the benefit of, a Client by a Contract Lobbyist; (11) Communications by individuals who are professionally licensed by a State licensing Organization pursuant to the California Business and Professions Code, including, but not limited to, attorneys, architects and engineers, and whose communications are made in the course of professional activity under such license; (12) Actions taken by individuals whose only Compensation for the actions is reimbursement of their own reasonable travel, meals, or incidental expenses; and (13) Actions taken by a nonprofit Organization, or its officers or employees.

2.100.040 Registration.

Lobbyists shall register with the City Clerk within fifteen (15) days after qualifying as a Lobbyist under CMC 2.100.030. Should a Lobbyist have a change to its registration information, including, but not limited to, the City Legislative Action or Administrative Action as to which the Lobbyist has been engaged, after the annual registration period, such Lobbyist shall file an amended registration with the City Clerk within fifteen (15) days of such change with the changed information.

2.100.050 Annual registration renewal.

A Lobbyist shall renew his or her their registration by January 15th of each year unless he or she has they have terminated their status as a Lobbyist pursuant to CMC 2.100.060 by such date.

2.100.060 Termination of Lobbyist status.

After initial registration, annual registration renewal will not be required if a declaration attesting to the termination of Lobbying services within the City has been filed with the City Clerk no later than January 15th.
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9 2.100.070 Active status.

All registrations, renewals and terminations will be deemed filed on the date received by the City Clerk. A Lobbyist shall be deemed active for the duration of the year of registration ending December 31st, unless a declaration attesting to termination of Lobbying services within the City is filed.

2.100.080 Registration fees.

Persons subject to the registration requirements of this chapter shall pay an annual fee set by resolution of the City Council.
(a) The applicable registration fee is due at the time of registration or registration renewal. Payment will be deemed delinquent thereafter. Delinquency fees may be assessed as specified in subsection (c) of this section, if payment occurs after the due date.
(b) In addition to the annual fee, each registrant who is a Contract Lobbyist shall pay a fee set by resolution of the City Council per Client for whom Lobbying is undertaken for Compensation in excess of five hundred dollars ($500.00). The fees for Clients as of the date of initial registration shall be submitted with the registration. The fees for subsequent Clients shall be due and submitted within fifteen (15) days of such change with the changed information pursuant to CMC 2.100.040. (c) An administrative penalty fine of twenty-five dollars ($25.00) per day for delinquent fees, up to a maximum of five hundred dollars ($500.00) in total penalties, will be assessed until in compliance with the registration provisions herein.

2.100.090 Required registration information.

The initial registration shall contain the name, business address, telephone, email addresses and, if applicable, business license of all Persons required to register pursuant to this chapter, including the names of all owners of sole proprietorships and partnerships of fewer than ten Persons. If the registrant is a corporation, it shall also include the names of the president, secretary, chief financial officer, and agent for service of process, if any. Any Organization registering under this act shall also briefly describe the nature of its operations and a contact individual. In addition to this information, the report shall contain the following:
(a) Contract Lobbyists: The name, business address, and telephone number of each Client, the nature of each Client’s business and the item(s) of Legislative Action or Administrative Action the Lobbyist is seeking to influence on behalf of the Client; and the name of each Person employed or retained by the Lobbyist to lobby on behalf of each Client.
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10 (b) Organization Lobbyists: The names of owners, officers, or employees conductingengaged in Lobbying activitieson behalf of the Organization, and the item(s) of Legislative Action or Administrative Action the Lobbyist is those owners, officers, or employees are seeking to influence.
(c) Expenditure Lobbyists: The item(s) of municipal Legislative Action or Administrative Action the Lobbyist is seeking to influence. (d)(c) Payment received by the reporting Lobbyist for services as a consultant or in any other capacity for services rendered to a City agency, any City Official or any City Official-elect or their controlled committees, or ballot measure committee within the previous calendar year. The dates of payment and name of each payer shall be included.
(e)(d) Campaign and officeholder contributions that a Lobbyist made, delivered or acted as an Intermediary for, to an elected City Official or candidate for City office made during the preceding calendar year. A Person is an Intermediary for a contribution if the recipient of the contribution would consider that Person to be the contributor without the disclosure of the identity of the true source of the contribution.

Also, a Lobbyist acts as an Intermediary if the Lobbyist makes a contribution on behalf of another Person, and that other Person is acknowledged as the contributor, and the Lobbyist is reimbursed for the contribution.
(f)(e) Campaign and officeholder contributions made at the behest of an elected City Official or candidate to any other elected public official or candidate for public office during the preceding calendar year.
(g)(f) All Independent Expenditures made for or on behalf for the benefit of a City Official or candidate for City office made during the preceding calendar year. (h)(g) Fundraising Activity for any City Official, candidate for elective City office or any controlled committee of the elected City Official or candidate for City office or for any political action committee, political party or candidate for elective office of a governmental Organization made at the behest of a City Official during the preceding calendar year. Required information and disclosures must include the name of the City Official, candidate, committee or party on whose behalf the Lobbyist engaged in fundraising activities, or delivered or acted as Intermediary for one or more contributions. The information and disclosures must also include the name of the City Official requesting the Fundraising Activity, the date of the Fundraising Activity, the name of the contributors and the amount of contributions raised, delivered and/or made in connection with which the Lobbyist acted as an Intermediary. 308
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11 (i)(h) Donations to for profit or nonprofit Organizations made at the behest of a City Official or candidate for elective City office of any contribution or payment of more than one thousand dollars in the aggregate made during the preceding calendar year. (j)(i) Contacts made with City Officials or City Officials-elect during the preceding calendar year for the purpose of influencing or attempting to influence Legislative Action or Administrative Action. Contact information must include a brief description of the item(s) of Legislative Action or Administrative Action the Lobbyist is seeking to influence, the date(s) of Contact, the method(s) of Contact, and the number of Contacts in the following ranges: (one), (two to five), (six to ten) or (eleven or more) Lobbying, which shall describe the matter that the Lobbyist sought to influence. (k)(j) Activity Expenses such as payments that directly benefit any City Official, City Official-elect or member of his or her immediate family or domestic partner made during the preceding calendar year. Activity Expenses include Gifts, honoraria, consulting fees, salaries and other forms of Compensation, but do not include campaign contributions.
(l)(k) The name, address, title and telephone number of the Person responsible for preparing the report, together with that individual’s signature attesting to the authority of the signatory and the accuracy and truthfulness of the information submitted.

2.100.100 Quarterly Semi-annual reports.

Quarterly Semi-annual reports for the prior threesix-month period are to be filed with the City Clerk by each Lobbyist on or before July 15th, October 15th, and January 15th, and April 15th of each year, whether or not any Lobbying activities have occurred during such period. Electronic reporting may also be permitted by the City Clerk. Each quarterly semi-annual report shall contain the same information as required to be disclosed in the initial registration, for those activities occurring in that period. If a Lobbyist has terminated all Lobbying activities during such period, the Lobbyist may file a declaration of termination with the quarterly semi-annual report. The final quarterly semi-annual report shall include disclosure of any Lobbying activities during the period of termination.

2.100.110 Records retention.

All information, reports and statements required to be filed under the provisions of this chapter shall be compiled and preserved by the City pursuant to the City’s records retention schedule and shall be open to public inspection. Copies of the records pertaining to the above-required reports shall be preserved by the Lobbyist for inspection and audit for a period of four years from date of production. 309
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12 2.100.120 Lobbyist identification.

When appearing in a Lobbying capacity at any meeting with a City Official or at a public meeting of the City Council or any other City board, commission or hearing, a Contract Lobbyist shall identify himself/herselfthemself and the Client(s) on whose behalf he/she is they are appearing, and an individual r an individual representing epresenting an individual representing a Business or an Organization Lobbyist shall identify himself/herself themself and the Organization he/she representsthey represent.

2.100.130 Prohibitions.

It shall be unlawful for any Lobbyist Person to knowingly or willfully (as those terms are defined in Penal Code section 7) commit any of the following acts:
[OPTION A: Incorporate state law prohibitions into City ordinance.] (a) Unregistered Lobbying: Acting as a Lobbyist in the City without having registered in compliance with this chapter, or knowingly to employ a Person or entity to serve as a Lobbyist when such Person is not registered pursuant to this chapter. (b) Unauthorized Communications: Sending or causing any communication to be sent to any City Official in the name of any nonexistent Person or in the name of an existing Person without the express or implied consent of such Person. (b) Performing any action with the purpose of placing any City Official or candidate for City office under personal obligation to the Lobbyist or any Contract Lobbyist’s Client.
(c) Deceiving or attempting to deceive any City Official or candidate for City office with regard to any material fact pertinent to any pending or proposed Legislative Action or Administrative Action.
(d) Causing or influencing the introduction of any Legislative Action for the purpose of thereafter being employed to secure its passage or defeat. (e) Attempting to create a fictitious appearance of public favor or disfavor of any proposed Legislative Action or Administrative Action or to cause any communication to be sent to any City Official or candidate for City office in the name of any fictitious person or in the name of any real person, except with the consent of such real person.

This section shall not be interpreted to restrict communications made anonymously. (f) Representing falsely, either directly or indirectly, that the Lobbyist can control the official action of any City Official or candidate for City office. 310
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13 (g) Accepting or agreeing to accept any payment in any way contingent upon the defeat, enactment, or outcome of any proposed Legislative Action or Administrative Action.
(ch) Indirect Violations: Attempting to evade the requirements of this chapter through indirect efforts or through the use of agents, associates, intermediaries or employees.
(d) Creation of Obligations: Performing or sponsoring any act with the purpose and intent of placing any City Official under personal obligation to the Lobbyist. (e) Contingent Compensation: Compensation for Lobbying activity when the Compensation is directly dependent on the result of Legislative Action(s) or Administrative Action(s) that are the subject of the Lobbying activity [OPTION B: Do not incorporate state law prohibitions into City ordinance and limit scope of prohibitions to paragraphs (a)-(b), below.]
(a) Unregistered Lobbying: Acting as a Lobbyist in the City without having registered in compliance with this chapter, or knowingly to employ a Person or entity to serve as a Lobbyist when such Person is not registered pursuant to this chapter. (b) Unauthorized Communications: Sending or causing any communication to be sent to any City Official in the name of any nonexistent Person or in the name of an existing Person without the express or implied consent of such Person. (cb) Indirect Violations: Attempting to evade the requirements of this chapter through indirect efforts or through the use of agents, associates, intermediaries or employees.
(d) Creation of Obligations: Performing or sponsoring any act with the purpose and intent of placing any City Official under personal obligation to the Lobbyist. (e) Contingent Compensation: Compensation for Lobbying activity when the Compensation is directly dependent on the result of Legislative Action(s) or Administrative Action(s) that are the subject of the Lobbying activity.

2.100.140 Gifts.

It shall be unlawful for any Lobbyist to deliver or cause to be delivered any Gift to any City Official, and for any City Official to accept any Gift from a Lobbyist. This provision shall be interpreted consistently with Government Code Section 86203. 311
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14 2.100.150 Enforcement.

Persons or entities that violate this chapter may be subject to penalties as set forth in CMC 1.10.150 and 1.12.010.

2.100.160 Injunction.

The City Attorney may seek injunctive relief in the courts to enjoin violations of or to compel compliance with the provisions of this chapter.

2.100.170 Practice restrictions.

No Person who the City finds to have violated this chapter may act as a Lobbyist or otherwise attempt to influence municipal Legislative Actions or Administrative Actions for Compensation for one year after such finding of violation. (Ord. 21-2222, § 1 (part), 2021)

2.100.180170 Exemptions.

Any Person who in good faith and on reasonable grounds believes that he or she is not required to comply with the provisions of CMC 2.100.040 by reason of his or her being exempt excluded under CMC 2.100.030(p)2.100.031 shall not be deemed to have violated the provisions of CMC 2.100.040 this chapter if, within fifteen (15) days after notice from the City, he or she either complies or furnishes satisfactory evidence to the City that he or she is exempt from registration.
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CITY OF CUPERTINO
Agenda Item
23-12343 Agenda Date: 7/6/2023
Agenda #: 14.

Subject: Consider actions for the surplus determination and disposal of 10301 Byrne Avenue, Assessor Parcel Number (APN) 357-11-020

1. Authorize the City Manager to record a Roadway Dedication (Attachment A) for a portion of 10301 Byrne Avenue, APN 357-11-020 (Property); and

2. Adopt Resolution No. 23-083 (Attachment B) declaring the remaining property at 10301 Byrne Ave, APN 357-11-020 surplus to the needs of the City and direct the City Manager to proceed with outreach as required by the Surplus Land Act; and

3. Authorize the City Manager to offer the Property for sale subsequent to completion of the requirements of the Surplus Land Act
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CITY COUNCIL STAFF REPORT
Meeting: July 6, 2023
Subject
Consider actions for the surplus determination and disposal of 10301 Byrne Avenue, Assessor Parcel Number (APN) 357-11-020.

Recommended Action

1. Authorize the City Manager to record a Roadway Dedication (Attachment A) for a portion of 10301 Byrne Avenue, APN 357-11-020 (Property); and

2. Adopt Resolution No. 23-XXX (Attachment B) declaring the remaining property at 10301 Byrne Ave, APN 357-11-020 surplus to the needs of the City and direct the City Manager to proceed with outreach as required by the Surplus Land Act; and

3. Authorize the City Manager to offer the Property for sale subsequent to completion of the requirements of the Surplus Land Act.

Reasons for Recommendation
On December 19, 2017 the City Council approved the purchase of the Property at 10301 Byrne Avenue. The purpose of the purchase was to facilitate right-of-way modification to create space for an enhanced pedestrian entrance to Blackberry Farm.

Following the purchase, staff studied various improvements to enhance pedestrian and bicycle access to Blackberry Farm, and prepared roadway dedication documents including a revised Plat and Legal description for the Property that, when recorded with the County, will dedicate a portion of the Property frontage along San Fernando Avenue for roadway purposes. This dedication would provide adequate space to construct pedestrian and bicycle access improvements to Blackberry Farm. Upon recordation of the documents with the County, the City will no longer have a use for the remaining residential portion of the Property.

The Surplus Land Act (Act) (California Government Code Section 54222 et seq), defines the process for disposition of real property owned by government entities. In summary, prior to offering the property for sale, the City must offer this property for sale or lease to the following types of organizations as defined in the Act:
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1. Public entities and Housing Sponsors for the development of low- or moderateincome housing.

2. Entities involved in parks, recreation, and open space.

3. School districts.

Any interested entity would have 60 days to respond to the notice as provided by the City. Should the City receive a response from an interested entity, the City will need to negotiate in good faith for the sale or lease of the property for terms satisfactory to the City. If there is expressed interest in the property through this process, staff will work toward a market rate proposal for Council consideration. Should the City receive no interest in the property, the City may proceed to sell the property through a defined process at market price.

To facilitate sale of the property following the notification process, staff proposes listing the property with a qualified residential real estate agent and selling the property to the highest qualified proposer following at least two weeks on the market with no seller contingencies or requirements. The final sale amount and terms will be presented to the City Council for approval at a future date.

Sustainability Impact
The recordation of the Roadway Dedication will allow for future pedestrian and Bicycle access to Blackberry Farm, enhancing the connection to the surrounding neighborhood.

Fiscal Impact
There is no fiscal impact from the recommended actions in this report. Future revenue will be received by the General Fund in the event of the sale of the property.

California Environmental Quality Act (CEQA)
The proposed project is exempt from CEQA under CEQA Guidelines section 15312 (surplus government property sales).
_____________________________________
Prepared by: Matt Morley, Assistant City Manager
Approved for Submission by: Pamela Wu, City Manager
Attachment:

A – Plat and Legal Descriptions for APN 357-11-020
B – Draft Resolution Declaring the Property Surplus
C – Aerial map showing the property location.
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Attachment B
RESOLUTION NO. 23-XXX

A RESOLUTION OF THE CUPERTINO CITY COUNCIL
DECLARING 10301 BYRNE AVENUE, ASSESSOR PARCEL NUMBER 357-11- 020 SURPLUS TO THE NEEDS OF THE CITY
WHEREAS, on December 19, 2017 the City Council approved the purchase of the property at 10301 Byrne Avenue; and
WHEREAS, the property was purchased to facilitate right-of-way acquisition for an enhanced bicycle and pedestrian entry to Blackberry Farm; and WHEREAS, the City has prepared the appropriate plat and legal documents for recordation with the County dedicating a portion of the property as right-of-way; and
WHEREAS, the remainder property is now no longer needed for municipal use.

NOW, THEREFORE, BE IT RESOLVED, by the City Council, that the property at 10301 Byrne Ave, Assessor Parcel Number 357-11-020 is surplus to the needs of the City.

PASSED AND ADOPTED at a special meeting of the City Council of the City of Cupertino this 6
th day of July 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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Resolution No. __________________

________________________
Kirsten Squarcia, City Clerk
________________________
Date
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21901
10351
21914
10367
21870
10350
21911
21880
10386
10295
10284
21861
21930
10354
10351
21871
10388
10270
10296
21828
21921
10339
21909
10363
10327
21904
21900
21900
10374 10375
10290
21841
10367
21860 21908
21841
21870
21850
21861
21860
10340
10279
21865
21910
10362 10363 21881
10326
21905
21917
10297
10301
21831
2182
21912
21908 21841 2183
21858 10263 21900
B
B
C
A
A
Sources: Esri, Airbus DS, USGS, NGA, NASA, CGIAR, N Robinson, NCEAS, NLS, OS, NMA, Geodatastyrelsen, Rijkswaterstaat, GSA, Geoland, FEMA, Intermap and the GIS user community, Sources: Esri, HERE, Garmin, FAO, NOAA, USGS, © OpenStreetMap contributors, and the GIS User Community Blackberry Farm
Golf Course
Attachment B
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CITY OF CUPERTINO
Agenda Item
23-12418 Agenda Date: 7/6/2023
Agenda #: 15.

Subject: Consideration of a resolution amending the established City Council meeting calendar through January 2, 2024
Adopt Resolution 23-084 amending the established City Council meeting calendar through January 2, 2024
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CITY COUNCIL STAFF REPORT
Meeting: July 6, 2023
Subject
Consideration of a resolution amending the established City Council meeting calendar through January 2, 2024
Recommended Action
Adopt Resolution 23-___ amending the established City Council meeting calendar through January 2, 2024
Reasons for Recommendation
Cupertino Municipal Code Section 2.04.010 sets regular City Council meetings on the first and third Tuesdays of each month at 6:45 p.m. The City Council may cancel a regular meeting by a vote of a majority of the Council. Special meetings that are held outside of the regular meeting day and time may be called at any time by the Mayor or by three Councilmembers (CMC Section

2.04.020).

On January 17, Council adopted Resolution No. 23-013 setting an annual City Council meeting calendar through January 2, 2024. The calendar established dates and times to assist City Council and staff with advance planning and scheduling of City business. On March 7, City Council adopted Resolution 23-027 amending the established City Council calendar for meetings occurring in April, June, July, and September. The meeting calendar has been further amended because of a potential meeting conflict in October. The draft resolution (Attachment A) amends the established City Council meeting dates in October for the calendar year 2023.

Mayor Hung Wei will be out of the country during the first week of October. These dates conflict with the Tuesday, October 3, 2023 regular City Council meeting. Council may wish to consider an alternate meeting date when the Mayor is available to consider matters of City business. If the regular meeting on October 3 is cancelled, a special meeting may be called in its place. An alternate special meeting date is recommended for Tuesday, October 10, 2023. Councilmembers have been polled for availability on this date, and Community Hall Council Chamber is available for use on that date. The regularly scheduled Planning Commission meeting that would normally be conducted on the second Tuesday in October would be cancelled. 323
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2 It is recommended that City Council adopt Resolution 23-___ amending the established City Council meeting calendar through January 2, 2024. If Council wishes to authorize the changes, staff will provide meeting notifications to the public in advance. The proposed resolution does not limit the ability of Council to schedule additional meetings as authorized by the Municipal Code and in compliance with the Brown Act.

AMENDED 2023 COUNCIL MEETING CALENDAR
Meeting Date Open
Session
Start Time
Tuesday, February 7, 2023 6:45 PM
Tuesday, February 21, 2023 6:45 PM
Tuesday, March 7, 2023 6:45 PM
Tuesday, March 21, 2023 6:45 PM
Tuesday, April 4, 2023 6:45 PM
Thursday, April 13, 2023 6:45 PM Moved due to Sister City Delegation Visit
Tuesday, May 2, 2023 6:45 PM
Tuesday, May 16, 2023 6:45 PM
Tuesday, June 6, 2023 6:45 PM
Wednesday, June 21, 2023 6:45 PM Moved due to Juneteenth Holiday
Thursday, July 6, 2023 6:45 PM Moved due to July 4 Holiday Tuesday, July 18, 2023 6:45 PM
Tuesday, August 1, 2023 6:45 PM Cancelled
Tuesday, August 15, 2023 6:45 PM Cancelled
Wednesday, September 6,
2023
6:45 PM Moved due to Labor Day
Holiday
Tuesday, September 19, 2023 6:45 PM
Tuesday, October 3, 2023 6:45 PM Cancelled
Tuesday, October 10, 2023 6:45 PM Special Meeting
Tuesday, October 17, 2023 6:45 PM
Tuesday, November 7, 2023 6:45 PM
Tuesday, November 21, 2023 6:45 PM
Tuesday, December 5, 2023 6:45 PM
Tuesday, December 19, 2023 6:45 PM
Sustainability Impact
No sustainability impact.

Fiscal Impact
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3 No fiscal impact.

California Environmental Quality Act
No California Environmental Quality Act impact.
_____________________________________
Prepared by: Kirsten Squarcia, City Clerk
Approved for Submission by: Pamela Wu, City Manager
Attachments:

A – Draft Resolution
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RESOLUTION NO. 23‐

A RESOLUTION OF THE CUPERTINO CITY COUNCIL

AMENDING THE ESTABLISHED CITY COUNCIL MEETING SCHEDULE
FOR THE CALENDAR YEAR OF 2023
WHEREAS, on January 17, 2023 the City Council adopted Resolution No 23‐013 setting an annual City Council meeting calendar to establish dates and times assisting City Council and staff with advance planning and scheduling of City business; and
WHEREAS, on March 7, 2023 the City Council adopted Resolution No 23‐027 amending the annual City Council meeting calendar; and
WHEREAS, pursuant to Cupertino Municipal Code Section 2.04.010, the calendar was established, notwithstanding the scheduling of additional regular meetings and the addition of special meetings and study sessions pursuant to the Brown Act; and
WHEREAS, pursuant to Cupertino Municipal Code Section 2.04.020, the City Council sets aside a time period for closed sessions before the open session portion of each regular meeting; and
WHEREAS, the City Council has established a recess beginning the first Tuesday in August and ending the Tuesday following the week of Labor Day; and WHEREAS, the City Council has established 6:45 p.m. as the regular meeting time for each regular meeting, except when Council is in recess. Closed sessions may be held at 6:00 p.m. No closed session of the regular meeting will be held at that time unless the posted agenda of the regular meeting indicates that such closed session will take place; and
WHEREAS, the regular Council meeting scheduled for January 2, 2024 was cancelled. Council will consider a meeting schedule for 2024 at its January 16, 2024 meeting; and
WHEREAS, the City Council amended the meeting calendar to cancel meetings on April 18, 2023, June 20, 2023, July 5, 2023, and September 5, 2023 and call special meetings on April 13, 2023, June 21, 2023, July 6, 2023, September 6, 2023.
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Resolution No. 23‐___

WHEREAS, the City Council wishes to amend the meeting calendar to cancel a meeting on October 3, 2023 and call a special meeting on October 10, 2023.

NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby establish and order as follows.

SECTION 1. The City Council establishes the following amended meeting schedule for the calendar year of 2023.

AMENDED 2023 COUNCIL MEETING CALENDAR
Meeting Date Open
Session
Start Time

Tuesday, February 7, 2023 6:45 PM
Tuesday, February 21, 2023 6:45 PM
Tuesday, March 7, 2023 6:45 PM
Tuesday, March 21, 2023 6:45 PM
Tuesday, April 4, 2023 6:45 PM
Thursday, April 13, 2023 6:45 PM Moved due to Sister City Delegation Visit
Tuesday, May 2, 2023 6:45 PM
Tuesday, May 16, 2023 6:45 PM
Tuesday, June 6, 2023 6:45 PM
Wednesday, June 21, 2023 6:45 PM Moved due to Juneteenth Holiday
Thursday, July 6, 2023 6:45 PM Moved due to July 4
Holiday
Tuesday, July 18, 2023 6:45 PM
Tuesday, August 1, 2023 6:45 PM Cancelled
Tuesday, August 15, 2023 6:45 PM Cancelled
Wednesday, September 6,
2023
6:45 PM Moved due to Labor Day
Holiday
Tuesday, September 19,
2023
6:45 PM
Tuesday, October 3, 2023 6:45 PM Cancelled
Tuesday, October 10, 2023 6:45 PM Special Meeting
Tuesday, October 17, 2023 6:45 PM
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Resolution No. 23‐___

Tuesday, November 7,
2023
6:45 PM
Tuesday, November 21,
2023
6:45 PM
Tuesday, December 5, 2023 6:45 PM
Tuesday, December 19,
2023
6:45 PM
SECTION 2. With proper notice during the year, meetings may be cancelled or added as necessary pursuant to the Brown Act.

PASSED AND ADOPTED at a special meeting of the City Council of the City of Cupertino this 6th day of July, 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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CITY OF CUPERTINO
Agenda Item
23-12285 Agenda Date: 7/6/2023
Agenda #: 16.

Subject: Councilmember Reports
CITY OF CUPERTINO Page 1 of 1 Printed on 6/28/2023
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1 CITY COUNCIL ACTIVITY REPORT
Meeting: Thursday, July 6, 2023
Reporting Councilmember: Councilmember J.R. Fruen
Report Activity Dates: 6/13/23 to 6/26/23
Event Date, Title, and Description:

Event 1. 06/15/2023 – MEMORIAL PARK SPECIFIC PLAN & CARRIAGE HOUSE PROJECT STAFF BRIEFING – I attended a briefing hosted by staff to cover conceptual plan for the Memorial Park Specific Plan in advance of the study session scheduled for 6/21/2023, as well as the Carriage House project application.

Event 2. 06/16/2023 – ASSOCIATION OF BAY AREA GOVERNMENTS (ABAG) GENERAL ASSEMBLY MEETING – I the annual meeting of the ABAG General Assembly held in San Francisco. On our business calendar, we approved the operating budget and work program for the coming financial year. One of the challenges that ABAG faces is the cost of pension liabilities for which ABAG remains responsible prior to the merger of the agency with the Metropolitan Transportation Commission. The organization approved a (previously delayed) membership fee increase. The General Assembly also hosted its annual conference, featuring a keynote presentation from Tracy Hadden Loh of the Brookings Institution’s Center for Transformative Placemaking entitled “Prosperity and the Power of Place in the Bay Area.” A panel presentation and discussion then followed. Recordings are available through ABAG’s Granicus system here.

Event 3. 06/22/2023 – SAN JOSE DOWNTOWN PRIDE MONTH PARTY – I attended a gathering hosted by San Jose Councilmember Omar Torres, California Assemblymember Alex Lee, and Berryessa Union School District Board Trustee Jaria Juag to honor individuals and organizations that made a positive impact for the LGBTQ+ community in the prior year.

Event 4. 06/23/2023 – SILICON VALLEY COMMUNITY FOUNDATION BOOK DISCUSSION OF “HOMELESSNESS IS A HOUSING PROBLEM” – I attended a book discussion presented 330
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2 by Prof. Gregg Colburn on the topic of his book “Homelessness is a Housing Problem.” The Silicon Valley Community Foundation and Destination: Home hosted the event for a wide group of members of city councils and boards of supervisors in San Mateo and Santa Clara counties. The essential takeaway is that the primary structural driver of regional variation in levels of homelessness is tight housing supply in high-cost housing markets. The book is available at: https://www.amazon.com/Homelessness-Housing-Problem-StructuralPatterns/dp/0520383761 Event 5. 06/23/2023 – ASIAN PACIFIC AMERICAN LEADERSHIP INSTITUTE (APALI) 26th ANNIVERSARY CELEBRATION – Together with Mayor Wei and City Manager Wu, I presented a certificate to Dr. Michael Chang in recognition of the occasion of the 26th Anniversary of APALI. The event was exceedingly well-attended by both APALI alumni and public officials.

Event 6. 06/24/2023 – PROGRESSIVE LEADERSHIP LAB – Together with a variety of Bay Area local electeds, I attended the last session of the Progressive Leadership Lab in Hayward for a discussion of land use principles, affordable housing, and the implementation of the Regional Housing Needs Allocation in the Bay Area.
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1 CITY COUNCIL ACTIVITY REPORT
Meeting: Thursday, July 6, 2023
Reporting Councilmember: Councilmember Kitty Moore
Report Activity Dates: 4/5/2023 to 6/28/2023
Event Date, Title, and Description:

April 5, 2023, Discover Stanford for You: Preventing Housing Displacement – One Family at a Time. End of COVID protections: funds and arguments which protected families struggling with rent payments resulting in housing displacement. Discussion of how Legal Aid Society of San Mateo County (and Law Foundation of Silicon Valley) help with housing displacement.

April 6, 2023, Santa Clara Valley Water Water Ambassador Program, Moore initiatied – application approved by SCVW BOD member. Attending multi-week course on water challenges, role of Valley Water, Valley Water Projects, and Organizational structure. Course begins today.

April 8, 2023, Cupertino Big Bunny Fun Run! Participated in the 5K, helped Parks and Recreation Staff give out all of the prize medals, placed 3rd for age group : ) Great and healthy fun for the community!
April 10, 2023, CPUC meeting, voluntary attendance.

April 12, 2023, Santa Clara Valley Water Commission, Chair was unable to attend, as Vice Chair I ran the meeting. We had a robust discussion on the water rates and proposed rate hikes and recommended the BOD not approve the rate hike, elected to hold the August meeting and will hold it at the Advanced Water Purification Center.

April 13, 2023, Apple site visit RE Agenda item project on Vallco Parkway and Tantau. 332
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April 16, 2023, Continuing Environmental Studies program: Environmental Resource Management and Pollution Prevention: Energy, Chemicals and Waste April 20, 2023, Santa Clara Valley Water Water Ambassador Program, Moore initiatied – application approved by SCVW BOD member. Attending multi-week course on water challenges, role of Valley Water, Valley Water Projects, and Organizational structure. Deep dive into the water system.

April 22, 2023 Attended Cupertino Earth Day from 11-2:20pm and visited many booths and collected lots of information. Great to see the event growing from last year! Cupertino has a lot to be proud of regarding Bird Safe/Dark Skies, Single Use Plastics, Climate Action 2.0, Reach Codes, and more!
April 24, 2023 Attended Senator Josh Becker and San Jose Mayor Matt Mahan’s press conference in support of Transitional Housing SB 643 to help provide sites for transitional homeless housing as a step to permanent housing.

April 26, 2023 Attended Supervisor Simitian’s 8th Lehigh Cement Plant and Quarry Community meeting. Of note was the mention of a 15 M gallon spill of potable water in 2022. (That is equivalent to 46 acre-ft which is 46 times the amount of water an average family of 4 would use inside and outside in a year). Efforts underway to ensure that the plant is permanently closed and begin remediation.

April 27, 2023 Attended Santa Clara County Homelessness Prevention meeting by Destination Home. Santa Clara County Homelessness Prevention System (HPS). Emergency financial assistance was analyzed and found to be very effective. HPS has had to turn away about 2/3ds of the people seeking assistance due to lacking capacity. Since starting the Eviction Diversion and Settlement Program in April 2022, they have served 167 cases, $2.9 M award, $17,608 average award per household, demand is great. Average rent for HPS participants is $1,987/month which is an increase of 12% YOY. More than half of the households HPS serves were not earning enough income to cover their monthly rent. More cost effective to prevent homelessness than to provide for homeless. Needs more funding, Measure A does not apply to this program.

April 29, 2023 Attended Cherry Blossom Festival and toured all of the indoor exhibits. Very well-attended and organized!
April 29, 2023 Attended the Grand Opening of Berraco Coffee at Stevens Creek Blvd. and S.

Tantau across from Main Street Cupertino. This new shop is one-of-a-kind and features specialty coffee.
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April 30, 2023 Ongoing Environmental Studies Environmental Resource Management and Pollution Provention: Energy, Chemicals and Waste, this week’s topic: Solid and Medical Waste Management: Legal and Technical Aspects. Very timely subject which included an overview of MRFs and Santa Clara County landfills with multiple videos on waste processing.

May 4, 2023 Santa Clara Valley Water Water Ambassador Program, Moore initiatied – application approved by SCVW BOD member. Attending multi-week course on water challenges, role of Valley Water, Valley Water Projects, and Organizational structure.

May 6, 2023 Attended Supervisor Simitian and the City of Mountain View’s Asian American Pacific Islander AAPI Heritage Month Celebration in Mountain View. Beautiful fusion of classical and contemporary music along with classic dance, fellowship, and community celebration of the founders of the local Asian Americans for Community Involvement and AACI’s 50 years of service to the community.

May 7, 2023 Continued Environmental Resource Management and Pollution Prevention course.

Waste: Current Topics & Issues.

May 8, 2023 2-hour Budget review with Senior City Staff, provided to all Councilmembers individually.

May 13, 2023 Ongoing Environmental Studies Environmental Resource Management and Pollution Prevention: Energy, Chemicals and Waste, this week’s topic: Chemical and Chemical Products: Legal and Management Aspects. Excellent overview of the Toxic Substances Control Act and its historical ineffectiveness (as compared to the FDA which requires drug testing prior to coming onto the market).

May 18, 2023 Santa Clara Valley Water Water Ambassador Program, Moore initiatied – application approved by SCVW BOD member. Attending multi-week course on water challenges, role of Valley Water, Valley Water Projects, and Organizational structure. This week’s course included Purified Water projects, Emergency Services, Racial Equity, diversity and Inclusion, Civic Engagement, Government Relations, and Communications. 334
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May 20, 2023 National Creek Cleanup Day at Regnart Creek! Volunteers pulled out 300 pounds of trash. I am holding part of a shopping cart:

May 21, 2023 Ongoing Environmental Studies Environmental Resource Management and Pollution Prevention: Energy, Chemicals and Waste, this week’s topic: Evaluation and Design of Chemicals and Chemical Products, in depth look at TSCA and the Green Chemistry initiative.

May 23, 2023 Santa Clara Valley Water Salt Pond Restoration update May 24, 2023 Santa Clara Valley Water Anderson Dam update May 25, 2023 Cupertino CREST Awards to congratulate our community volunteers! May 26, 2023 Material Recover Facility Tour. Extensive tour of a MRF with Councilmember Chao and our Environmental Programs Manager: Ursula Syrova. Resource recovery has come a long way from the days of sending everything into an unlined open pit dump to optically sorting plastics, baling plastics, cardboard, aluminum, and grinding food waste to be dried and pelletized for animal feed.

May 28, 2023 Ongoing Environmental Studies Environmental Resource Management and Pollution Prevention: Energy, Chemicals and Waste, this week’s topic: Chemicals and Pesticides: Current Topics and Issues. Overview of PFAS, Paper making process using Green Chemistry, Paper recycling, Chemical Safety Board activities, Safer Choice labeling, Underground Storage Tanks, Right-to-Know Network’s Risk Mgmt Plan database etc. 335
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June 1, 2023 LGBTQ+ Pride Flag Raising for the City of Cupertino. I shared a speech regarding one of my sibling’s experiences in the U.S. Army under DADT, the recording of the event is available on the City’s Youtube Channel.

June 3, 2023 Santa Clara Valley Water Water Ambassador Program, Moore initiatied – application approved by SCVW BOD member. Attending multi-week course on water challenges, role of Valley Water, Valley Water Projects, and Organizational structure. This was an all-day tour of various water facilities in Santa Clara Valley Water and included a view of one of the new murals, tour of the Anderson Dam seismic retrofit project (Anderson Dam fits all of the other 9 reservoirs in the district and will take about ten years to be rebuilt), Upper Llagas Creek Flood Protection Project, Penetencia Water Treatment Plant, Alviso Marina County Park Mural, San Francisco Bay Shoreline Project, and the Silicon Valley Advanced Water Purification Center. This was a fantastic tour and the SCVW Water Ambassador program is very educational and well-run, please apply! June 5, 2023 Ongoing Environmental Studies Environmental Resource Management and Pollution Prevention: Energy, Chemicals and Waste, this week’s topic: Non-renewable fuel sources (oil, coal, nuclear)
June 8, 2023 Santa Clara Valley Water Water Ambassador Graduation! Those who made it through the whole program graduated in a ceremony and we are officially Water Ambassadors!
June 9, 2023 Silicon Valley Leadership Group and Western Digital Energy and Sustainability Summit at the Oracle Conference Center. Guest speakers included Jennifer Granholm, Energy Secretary for the US DOE, Michael Regan, Administrator for the USEPA, Guest Panel on Transit including Darlene Gee, Sr. VP HNTB, Veronica Vaterpool, Deputy Admin. FTA, Carolyn Gonot, GM SCVTA, Jeff Tumlin, GM SFMTA, and Michelle Bouchard, Exec. Dir.

Caltrain, followed by Billionair Tom Styer, Co-Exec. Director Galvanize Climate Solutions.

Topics included sustainable real estate investing, needs and challenges in public transportation, diversity in democracy, and the need to expand the electrical grid. 336
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USEPA Administrator Michael Regan (right)
June 10, 2023 Wilson Park Ribbon Cutting for the new Community Garden and Basketball Court. Take note of the metal siding on the Community Garden to help keep the squirrels out, and the bioswale on the south side of the basketball court to help retain water.

June 11, 2023 Ongoing Environmental Studies Environmental Resource Management and Pollution Prevention: Energy, Chemicals and Waste, this week’s topic: Renewable Energy Sources (wind, solar, geothermal). When environmental costs of energy resources are included in market prices, wind energy is the least expensive and least polluting way to produce electricity (surpassing coal).

June 11, 2023 Attended Cupertino Library Foundation panel on drought and water in the beautiful Library Expansion. Sashi Begur moderated the panelists of water experts sharing information of the water system, drought status, and that our focus needs to be on outdoor watering conservation!
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June 22-23, 2023, Self-funded trip to Pomona, CA to attend the third CalCities Environmental Quality Policy Committee in person at the Sheraton Conference Center. This is the third year I have been appointed to this CalCities Committee by the Peninsula Division. This is the first time the Committee has met in person and all of the CalCities Committees came together for this event to hold the meetings. It was great to meet people we have only seen on Zoom for the past 2.5 years! After receiving a legislative update which included an appeal to all of the cities to join CalCities in their opposition to SB 423 (which modifies SB 35 and over 100 cities have signed on to oppose), the committees broke out into our respective groups to discuss pertinent legislation. The Environmental Quality Policy Committee discussed a water diversion penalty bill, SB 460, first, and I contributed the Author’s amendments from the state Judiciary Committee as recommendations which the Committee moved to include in the Support position. The next bill, SB 1337, was also regarding water use that would impact pre-1914 water rights, and received a Neutral position. If you are interested in water rights in California, this is a good source: https://solano.com/collections/natural-resourcemanagement/products/california-water-3rd-edition June 24, 2023 I attended the CARES Field Day at Memorial Park/Quinlan Field in the afternoon.

I hope everyone had a chance to stop by our volunteers who held their annual all-day event sharing their technical communications expertise. This year they had set up and secured their tall, multi-band antennae. When I stopped by their communications efforts had reached Hawaii and Pennsylvania. Our volunteers are prepared and trained to work on communications during an emergency or other communications-needed event such as their important help in public utility shutoff communications. Hats off to their excellent work! June 25, 2023 Finals Week for the Environmental Studies Environmental Resource Management and Pollution Prevention: Energy, Chemicals and Waste Course. This is the second year of a self-funded Environmental Studies certificate program I began 1/2022 for further background related to Council topics such as Climate Change, Energy use, environmental law, and water usage.
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1 CITY COUNCIL ACTIVITY REPORT
Meeting: Thursday, July 6, 2023
Reporting Councilmember: Vice Mayor Sheila Mohan
Report Activity Dates: 6/12/23 to 6/23/23
Event Date, Title, and Description:
6/12/23: Teen Commission: Along with the other Councilmembers, I interviewed candidates for the Teen Commission – and was awed by how intelligent, articulate and poised the applicants were.
6/1423: Silicon Valley Clean Energy Board Meeting. Participated in a special study session to review SVCE’s efforts to meet its goal of providing 100 % clean energy to customers / rate payers. SVCE has invested $ 2.0 billion in renewable projects such solar battery storage, wind and geothermal energy, and in addition, is committed to balancing its investment in clean energy resources with reliability and affordability.
6/15/23 Coach House Development Project. Attended a prep session provided by City Manager and Planning staff for the Coach House Mixed-Use Redevelopment Project which will result in 34 residential units plus commercial space.
6/17/23 Relay for Life. With Mayor Wei, participated in the Relay for Life Cancer Awareness Event at Memorial Park. A heartwarming celebration of cancer survivors, their families and caregivers. I spoke on how honored I felt to attend and feel connected with all who have been touched in one form or another by cancer.
6/19/23 California Cricket Academy. Attended the 20th year celebration of the CCA held on the library field and presented awards to winners and championship teams. Hundreds of young, high-energy cricket players representing teams from many other States participated in the tournament.
6/24/23 Special Olympics of Northern California. Attended the 2023 Summer Games held on the beautiful Santa Clara University campus to showcase the talents and determination of 339
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2 children and adults with intellectual disabilities. Made a few remarks to honor athletes, coaches and volunteers and thanked the organizers for using Cupertino High School for its track and field events.
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1 CITY COUNCIL ACTIVITY REPORT
Meeting: Thursday, July 6, 2023
Reporting Councilmember: Mayor Hung Wei
Report Activity Dates: 6/13/23 to 6/26/23
Event 1. June 13, 2023, Growing Climate Resilient Urban Forests Webinar Attended the Webinar and received information on how to grow the best possible urban forests and create effective cross-disciplinary collaborations to guide nature interventions in urban settings.

Event 2. June 14, 2023, Commissioners/Mayor Monthly Meeting Attended the Commissioners/Mayor Monthly Meeting with City Manager Pamela Wu and listened to reports on updated activities from eleven Commission/Committee representatives.

Event 3. June 14, 2023, Silicon Valley Clean Energy (SVCE) Study Session SVCE staff led a Study Session for its Directors and Alternate Directors on Clean Power Standards and Reporting which included various emerging issues on Emissions Accounting, Clean Standards, Regulatory Mechanisms, Clean Product Challenges, Clean Standard Pathways, and staff also reported on a Pathway Study to be presented to the Board in the 4th quarter.

Event 4. June 15, 2023, Stanford University “Central Energy Facility” Tour SVCE arranged a tour of the Central Energy Facility at Stanford University followed by a staffled discussion and Q&A. This is a one-of-a-kind Energy System Innovations Program with a heat-recovery system that meets 88% of campus heating load, with multiple 5-million+ thermal storage tanks, a high-voltage substation, and a sophisticated control room.

Event 5. June 15, 2023, Meeting with Student Delegation from Taipei 341
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Met with a Middle School Student Delegation from Taipei at the City Hall. City Manager Pamela Wu made a presentation on the City of Cupertino followed by Q&A led by Assistant City Manager Matt Morley. City Summer Intern Erik Wang was also present to interact with the students.

Event 6. June 15, 2023, Briefing Meeting with City Staff on upcoming City Council Agenda Items Met with City staff to go over details and questions on Memorial Park Specific Plan Conceptual Design, the Joint Policy Framework Agreement Regarding the Restoration and Potential Future Development of the Lehigh Quarry Property between the City of Cupertino and Santa Clara County, and the Coach House Development Project.

Event 7. June 15, 2023, Cities Association of Santa Clara County Annual Dinner Attended the Annual Dinner hosted by the Cities Association of Santa Clara County and networked with City Councilmembers and County Board of Supervisors.

Event 8. June 16, 2023, Quarterly Mayor/City Manager Meeting with the Cities of Sunnyvale, Santa Clara, and Mountain View
Attended the Quarterly Meeting with Mayors and City Managers from Sunnyvale, Santa Clara, and Mountain View. Each City reported on its budget, recent and future developments, and specific opportunities and challenges, with discussions focused on collaborative opportunities on community shuttles (Silicon Valley Hopper), Clean Energy Standards, and Revenue Generating Measures. Santa Clara Mayor Lisa Gilmor reported that the City of Santa Clara would host both Superball 60 in February 2026 and World Cup in June 2026 and would need regional support from neighboring Cities to support two big events within 2026.

Event 9. June 16, 2023, Visited the Softball Field at Memorial Park Visited the softball field at Memorial Park, listened to players who were having a game at the softball fields, and chatted with spectators.

Event 10. June 17, 2023, American Cancer Society’s Relay for Life event at Memorial Park Attended the Opening Ceremony of the Relay for Life event at Memorial Park with Vice Mayor Sheila Mohan, made a short speech welcoming relay walkers to Cupertino, thanked the participants for raising awareness and fund to support cancer research, 24/7 care for cancer patients, and a cancer-free future. I bid on the auction items and successfully brought home three baskets.
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Event 11. June 19, 2023, California Cricket Academy Awards Ceremony at the Cupertino Library Field
Attended and presented Awards to the winning teams of the Tournament hosted by California Cricket Academy.

Event 12. Year of the Rabbit Community Art Project Kick Off by the Rotary Club of Cupertino Attended the Kick Off Exhibition of the Year of the Rabbit Community Art Project championed by the Rotary Club of Cupertino at the Cupertino Chamber of Commerce.

Event 13. National Association of Women Business Owners (NAWBO) Board Installation Mixer Attended the NAWBO’s Board Installation mixer at Tessora’s Barra di Vino in Campbell and networked with members of NAWBO.

Event 14. Golden Bank Grand Opening Ceremony in Fremont Attended the Grand Opening of Golden Bank’s branch in Fremont and celebrated the opening of three Golden Bank branches in Cupertino, Fremont, and San Mateo.

Event 15. “Homeless Is A Housing Problem” Seminar hosted by Destination Home and Silicon Valley Community Foundation at the Garden House in Shoup Park in Los Altos Attended a presentation by Gregg Colburn, the author of Homeless Is A Housing Problem, followed by Q & A and discussions on homeless issues in the region.

Event 16. Stevens Creek Corridor Steering Committee Meeting at San Jose City Hall Attended the Stevens Creek Corridor Steering Committee Meeting with representatives from the City of Santa Clara, San Jose, County Board of Supervisors, and City staff from Cupertino, Santa Clara, San Jose, and the County. The Consultants made a presentation of progress made in 2022. The Committee members reviewed and proposed edits of the Bylaws and elected Chair of the Steering Committee.

Event 17. Asian Pacific Islander Leadership Institute (APALI) 26th Anniversary Celebration Attended the 26th Anniversary Celebration and Fundraiser of APALI. Networked with elected officials and APALI alumni and supported the current class of APALI with a contribution. 343
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Event 18. Cupertino Amateur Radio Emergency Services Field Day at Memorial Park Attended the Field Day at Memorial Park. Met with volunteers of the Cupertino Amateur Emergency Services and learned how the operations work.

Event 19. Grand Opening Ceremony of the Community Garden at the Northwest YMCA in Cupertino
Attended the Grand Opening Ceremony of the Community Garden at the Northwest YMCA – a service project championed by the Rotary Club of Cupertino in collaboration with scouts, Northwest YMCA Board of Directors and staff.. The Project was designed by Water Efficient Gardens and completed with 120+ volunteers from the community – a true testimonial that collaboration works!

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