Written Communications (Updated 4-4-24) — Cupertino City Council, April 3, 2024

CC 4-03-2024
Written
Communications
Oral
Communications
From: lidan jiang
To: City Council; City Clerk
Subject: do not change Bollinger Road to one lane road
Date: Thursday, March 28, 2024 11:56:56 PM
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Hi Cupertino city council members,
I'm shocked to know that you have the Bollinger Road Corridor Design.

Who initialized such a bad idea? Have you done any preliminary study on the traffics on Bollinger road between De Anza and Lawrence Express Way?
As a nearby resident driving through Bollinger every day. Let me tell you how busy this road is:

1. heavy traffic in the morning between 8-10am from Lawrence to De Anza direction. the parents drive the kids to five schools: Hyde Middle, Cupertino high, Lynbrook high, Murdock elementary and Dilworth elementary.

2. after that peak time for school, people are heading from Lawrence to west side for so many apple buildings. And people are heading from west side to Lawrence, the road between Johnson Ave and Lawrence Expr are almost fully parked with the cars waiting to make left turn onto Lawrence. we need to wait for multiple times for the light turning to green.

3. about the 6-7pm when I'm heading home, there two lanes of both direction are all full of cars, especially from the west to Lawrence direction. That should be the workers leaving apple.

Bollinger is an important parallel road to share the traffic burden on Stevens creek blvd. It will be a disaster to change it to a one lane road.

Please serious consider it and give up the stupid plan.

Thanks,
Lidan Jiang
6110 Edenhall Dr, San Jose 95129
From: Fang Ruan
To: City Council
Cc: City Clerk
Subject: Keep Bollinger double lane
Date: Wednesday, March 27, 2024 9:58:12 AM
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Hello,
I’m a resident living near Bollinger road and Miller Ave. I use Bollinger multiple times daily to commute between home, work and my children’s schools. I cannot bike as I have to drop off and pick up my young kids and also there are no bus stations between my home and work.

Bollinger has been congested everyday during rush hours. Changing it to single lane will make the situation much worse. Changing Bollinger to single lane will NOT encourage more people to bike as it doesn’t solve most of the problems like transportation between schools and work. Please instead make more bus routes and stations.

Fang
From: Rhoda Fry
To: City Clerk; City Council
Subject: Oral Communications 4/3/2024 Use of BMR Funds
Date: Monday, March 25, 2024 11:08:51 AM
Attachments: BMR fund summary.pdf
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From: Rhoda Fry on March 25, 2024
RE: Misallocation of BMR Program Funds

Dear City Council,
As you know, on February 15, 2024, I reported to the City Attorney that our BMR Program Funds had been improperly used to pay for $15K in stipulated judgements from the frivolous Housing Element lawsuit by YIMBY and California Housing Defense Fund. Then I discovered that the cost of litigation from the firm retained by the City, Goldfarb & Lipman, had also been misallocated along with other questionable expenses. On February 19, I wrote City Council requesting that the Accounts Payable agenda item #6 be removed from the City Council Consent Calendar for the February 21 meeting. Neither the City Manager nor the City Attorney wanted this item to be discussed in a public forum.

I am asking you to please schedule a study session in order to restore some public trust in the City’s accounting system and use of BMR funds. Not only for the BMR funds but also for other special funds that are regulated under AB1600.

Below is a description of the BMR Program Rules and attached is a summary the BMR portion of Development Impact Fee Reports, which are found here:
https://www.cupertino.org/our-city/departments/finance/budget-reports Reviewing the fund’s use over the past decade creates a number of questions about whether the BMR fund has maximized public benefits. Lately, the fund has been used for homeless, which is not an intent of the fund. The cost of administration and studies also raises concerns.

BMR Program Rules Restrict Fees to affordable housing (RESOLUTION NO. 20.055 page 4)

2.2.2 Permitted Use of Fees
A. Affordable housing mitigation fees deposited into the BMR AHF shall only be used for the provision of affordable housing in Cupertino.

B. The options for use of the fee revenue include, but are not limited to the following:

1. BMR Program Administration

2. Land Acquisition

3. New Construction

4. Acquisition and/or rehabilitation of buildings for permanent affordability

5. Preserving “at-risk” BMR Units

6. Substantial Rehabilitation

7. Rental Operating Subsidies

8. Down Payment Assistance

9. Direct gap financing

10. Fair Housing
C. A portion of the BMR AHF will be targeted to benefit the following groups, to the extent that these target populations are found, to be consistent with the needs identified in the nexus study:

1. Extremely low-income households and

2. Persons with special needs (such as the elderly, victims of domestic violence, and the disabled, including persons with developmental disabilities).

Virus-free.www.avg.com
The data below was copied from Development Impact Fee Reports from 2014 to 2023 These reports can be found here: https://www.cupertino.org/our-city/departments/finance/budget-reports As there might be copying errors, please consult the source documents to confirm data Observations:

1. funds have been used for homeless, which is not an approved category for this fund

2. Interest on these accounts has varied widely

3. 2021 - 2023 staff and admin cost has been disproportionately high as compared with services rendered

Honorable Mayor & City Council,
I urge you to read this news article and perhaps the report it mentions regarding the increase in Cancer in areas closest to superfund and the ingredients mentioned.

Please consider this and urge you to demand the clean up when concerning housing be built without CEQA consideration.

Cancer spike found near Superfund site - Mountain View Voice https://www.mv-voice.com/news/2012/10/11/cancer-spike-found-near-superfund-site/ From: Rhoda Fry
To: City Clerk; City Council
Subject: 4/3/2026 follow on to oral communications regarding BMR funds Date: Wednesday, April 3, 2024 3:06:24 PM
Attachments: BMR fund summary 2.pdf
Attachment A_ Annual Report on Development Impact Fees FY 2021 pages 6 8 9.pdf PR24021.pdf
Moss Adams Finance Page 6.pdf
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Dear City Council,

4/3/2026 follow on to my previous oral communications regarding BMR and Affordable Housing fund

I am concerned that we are using our BMR and Affordable Housing Fund Inefficiently.

Can you please schedule a study session, so we can find ways to remedy this? Please also consider that Councilmember Kitty Moore has already asked to drill down on the Developer Fee Mitigation Report under AB1600, but sadly there was a rush to approve it.

I think we need to look at ALL of our Special Funds.

To illustrate the perceived inefficiency of our BMR and Affordable Housing fund, I’ve added a chart to the document that I sent earlier.

You want to see the cost of staff & admin to be far apart if you want the fund to run efficiently.

Unfortunately, you’ll see that they’ve become nearly equal in recent years.

Whereas Cupertino spent nearly $400K on staff & admin, Palo Alto spent little more than $40K on two affordable housing funds and had tangible results (see second attachment).

I’ve also attached transactions from the BMR account. This is from a PRA and the report came with color.

You will notice that the fund paid for unusual things like a subscription to the Mercury News and other expenses unrelated to BMR.

I would also ask that City Council receive an update from Staff on progress from the City’s Internal Audit on Finance by Moss Adams found here:
https://www.cupertino.org/home/showpublisheddocument/31117/637889960212230000 I think that the problems we’re seeing with the BMR fund are a symptom of the weaknesses described in the report.

Thanks Much,
Rhoda Fry
Virus-free.www.avg.com
The data below was copied from Development Impact Fee Reports from 2014 to 2023 These reports can be found here: https://www.cupertino.org/our-city/departments/finance/budget-reports As there might be copying errors, please consult the source documents to confirm data Observations 1. funds have been used for homeless, which is not an approved category for this fund. 2. Interest on these accounts varies.

Why? Interest from loan or Chandler? 3. 2021 - 2023 staff and admin cost has been disproportionately high as compared with services rendered

4. A significant amount of money has been used for the Housing Element, Studies, Plans, Strategies, and Surveys USE OF BMR FUNDS 2023 - 2014 as reported in Development Impact Fee Reports Year 2023 2022 2021 2020 2019 2018 2017 2016 2015 2014
Balance 5,462,532 6,111,827 6,551,494 6,759,440 6,902,773 10,867,642 11,336,550 11,323,869 7,699,889 699,046 Fees Collected 172,698 39,211 204,931 41,957 159,179 165,324 39,000 299,586 4,051,266 7,229,545 Interest 79,323 70,915 19,651 269,174 134,016 46,912 94,339 97,840 45,016 10,828 Staff & Admin 378,741 329,346 206,461 90,119 61,276 57,266 39,941 53,908 49,686 25,721 Legal 57,476 29,367 68,170 174,249 69,201 144,028 235,878 96,279 41,276 Placement 265,554 264,296 259,957 190,986 190,294 137,018 123,301 125,818 71,407 127,955 Mediation 50,000 50,000 50,000 50,229 35,771 44,528 203,187 108,740 193,442 Legal + Mediation 69,995
Housing Element 15,879
Loan 3,672,000
Renovation 79,986 122,265
Study 13,495 83,200
Plan 33,291
Strategies 7,146 44,955
De Anza 25,000
Survey 9,706
Homeless 13,787 71,224
Habitat for Humanity 3,571 8,043
Subtotal 769,123 759,421 664,249 519,078 436,528 4,177,105 602,307 384,745 472,302 239,550 End Balance 4,945,424 5,462,532 6,111,827 6,551,494 6,759,440 6,902,773 7,195,642 7,664,550 11,323,869 7,699,889 Subtotal 769,123 759,421 664,249 519,078 436,528
Year 2,023 2022 2021 2020 2019
Staff & Admin 378,741 329,346 206,461 90,119 61,276
Other Expenses 390,382 430,075 457,788 428,959 375,252
0 100,000
200,000
300,000
400,000
500,000
2,023 2022 2021 2020 2019
Compare Staff/ADMIN Expenses vs Other
from BMR & Affordable Housing Fund
Staff & Admin Other Expenses
Check
Transaction
Date
Check
EFT
Number
Vendor Payee Invoice Number Invoice GL
Date Invoice Description Item Description AP Invoice Entered User Amount PO Number GL Account
7/30/2021 3227 4 US BANK‐PURCHASING CARD PROGRAM SundariP071521 7/27/2021 9702 CC Charges Mercury News Monthly Subscription for Housing Division Sundari Pilaka 9.95 $ NULL 265‐72‐711 600‐647 Materials Memberships and Dues 8/20/2021 32376 FOLGER GRAPHICS INC 12923 6 8/18/2021 CWP Mailer for Housing Survey CWP Mailer for Housing Survey Sundari Pilaka 1,906.0 0$ NULL 265‐72‐711 700‐702 Contract Services General Service Agreement 9/3/2021 3249 4 RISE HOUSING SOLUTIONS, INC Cupertino ‐ 003 9/1/2021 BMR Program Administrator 2021/07 BMR AHF Affordable Placement Program FY21‐22 Sundari Pilaka 12,767.0 0$ 2022‐00000136 265‐72‐711 600‐635 Materials Special Departmental Exp 9/10/2021 728632 City Data Services, LLC 2149 9/8/2021 CDS Monthly Maintenance 2021 July ‐ Sep Data Management for Housing Programs FY 21‐22 Sundari Pilaka 1,050.0 0$ 2022‐00000177 265‐72‐711 700‐702 Contract Services General Service Agreement 9/10/2021 728645 VERIZON WIRELESS 9885531295 ‐54 9/1/2021 4084664906 Kerri Heusler Housing Planner NULL Mariela Rodriguez 38.01$ NULL 265‐72‐711 600‐642 Materials Telphone and Data Services 9/17/2021 3259 4 US BANK‐PURCHASING CARD PROGRAM SundariP081621 9/9/2021 9702 CC Charges San Jose Mercury News Online Subscription Sundari Pilaka 9.95 $ NULL 265‐72‐711 600‐647 Materials Memberships and Dues 9/17/2021 728668 COLLEEN LOPEZ 2021‐4 9/15/2021 CDBG Consultant 2021/07‐08 Housing Consultant FY 21/22 Sundari Pilaka 1,200.0 0$ 2022‐00000200 265‐72‐711 700‐702 Contract Services General Service Agreement 10/1/2021 32680 RISE HOUSING SOLUTIONS, INC Cupertino ‐ 004 9/30/2021 BMR Program Administrator 2021/08 BMR AHF Affordable Placement Program FY21‐22 Sundari Pilaka 13,855.0 0$ 2022‐00000136 265‐72‐711 600‐635 Materials Special Departmental Exp 10/1/2021 72876 6 VERIZON WIRELESS 9887702825 ‐51 9/30/2021 4084664906 Kerri Heusler Housing Planner NULL Mariela Rodriguez 38.01$ NULL 265‐72‐711 600‐642 Materials Telphone and Data Services 10/8/2021 32717 GOLDFARB & LIPMAN 141058 10/6/2021 Housing Legal Review 2021/06 Housing Legal Review 2021/06 Sundari Pilaka 522.00 $ NULL 265‐72‐711 700‐702 Contract Services General Service Agreement 10/8/2021 32717 GOLDFARB & LIPMAN 14159 6 10/6/2021 Housing Legal Review 2021/07 Housing Legal Review 2021/07 Sundari Pilaka 493.00 $ NULL 265‐72‐711 700‐702 Contract Services General Service Agreement 10/8/2021 32717 GOLDFARB & LIPMAN 141599 10/6/2021 Housing Strategies Legal Review 2021/07 Housing Strategies Legal Review 2021/07 Sundari Pilaka 4,704.0 0$ NULL 265‐72‐711 750‐050 Special Projects Housing Strategies 10/8/2021 32729 RISE HOUSING SOLUTIONS, INC Cupertino ‐ 005 10/6/2021 BMR Program Administrator 2021/09 BMR AHF Affordable Placement Program FY21‐22 Sundari Pilaka 19,822.0 0$ 2022‐00000136 265‐72‐711 600‐635 Materials Special Departmental Exp 10/15/2021 32765 GOLDFARB & LIPMAN 14184 4 10/13/2021 Housing Legal Review 2021/08 Housing Legal Review 2021/08 Sundari Pilaka 58.00 $ NULL 265‐72‐711 700‐702 Contract Services General Service Agreement 10/15/2021 32765 GOLDFARB & LIPMAN 141845 10/13/202 1 CWP Housing Strategies Legal Review 2021/08 Housing Strategies Legal Review 2021/08 Sundari Pilaka 2,440.72$ NULL 265‐72‐711 750‐050 Special Projects Housing Strategies 10/22/2021 32820 GOLDFARB & LIPMAN 142109 10/20/202 1 Housing Legal Review 2021/09 Housing Legal Review 2021/09 Sundari Pilaka 725.00 $ NULL 265‐72‐711 700‐702 Contract Services General Service Agreement 10/22/2021 728891 VERIZON WIRELESS 9889887003 ‐51 10/20/2021 4084664906 Kerri Heusler Housing Planner NULL Mariela Rodriguez 38.01$ NULL 265‐72‐711 600‐642 Materials Telphone and Data Services 10/29/2021 728934 PROJECT SENTINEL 440‐502‐093021 10/27/2021 BMR AHF Rental Mediation Q1 FY21‐22 Fair Housing & Tenant Landlord Counseling & Dispute Reso FY21‐22 Sundari Pilaka 15,831.02$ 2022‐00000170 265‐72‐711 600‐623 Materials Grant Expenditures 11/5/2021 32939 GIULIANI & KULL ‐ SAN JOSE, INC. 16726 10/28/202 1 Mary Ave. Street Realignment through 080121‐083121 SO #7 Mary Ave Parcel Map Kim Lunt 2,100.0 0$ 2022‐00000167 265‐72‐711 750‐052 Special Projects Develop ELI Housing 11/5/2021 32940 GOLDFARB & LIPMAN 142111 11/2/2021 Housing Legal Review 2021/09 Housing Legal Review 2021/09 Sundari Pilaka 735.00 $ NULL 265‐72‐711 700‐702 Contract Services General Service Agreement 11/5/2021 32956 RISE HOUSING SOLUTIONS, INC Cupertino ‐ 006 11/2/2021 BMR Program Administrator 2021/10 BMR AHF Affordable Placement Program FY21‐22 Sundari Pilaka 17,187.0 0$ 2022‐00000136 265‐72‐711 600‐635 Materials Special Departmental Exp 11/19/2021 729117 COLLEEN LOPEZ 2021‐5 11/16/202 1 Housing Consultant 2021/09‐10 Housing Consultant FY 21/22 Sundari Pilaka 1,200.0 0$ 2022‐00000200 265‐72‐711 700‐702 Contract Services General Service Agreement 11/25/2021 33080 GIULIANI & KULL ‐ SAN JOSE, INC. 16757 11/18/202 1 Mary Avenue Street Realignment through 090121‐093021 SO #7 Mary Ave Parcel Map Kim Lunt 2,230.0 0$ 2022‐00000167 265‐72‐711 750‐052 Special Projects Develop ELI Housing 12/3/2021 33128 City Data Services, LLC 2178 11/30/202 1 CDS Monthly Maintenance 2021 Oct ‐ Dec Data Management for Housing Programs FY 21‐22 Sundari Pilaka 1,050.0 0$ 2022‐00000177 265‐72‐711 700‐702 Contract Services General Service Agreement 12/3/2021 3313 4 GOLDFARB & LIPMAN 14263 6 11/30/2021 Housing Legal Services 2021/10 Housing Legal Services 2021/10 Sundari Pilaka 551.00 $ NULL 265‐72‐711 700‐702 Contract Services General Service Agreement 12/3/2021 3313 4 GOLDFARB & LIPMAN 142638 11/30/202 1 Housing Legal Services 2021/10 Housing Legal Services 2021/10 Sundari Pilaka 352.00 $ NULL 265‐72‐711 700‐702 Contract Services General Service Agreement 12/3/2021 729222 VERIZON WIRELESS 9892089028 ‐51 12/2/2021 4084664906 Kerri Heusler Housing Planner NULL Mariela Rodriguez 38.01$ NULL 265‐72‐711 600‐642 Materials Telphone and Data Services 12/10/2021 33206 RISE HOUSING SOLUTIONS, INC Cupertino ‐ 007 12/8/2021 BMR Program Administrator 2021/11 BMR AHF Affordable Placement Program FY21‐22 Sundari Pilaka 76,464.0 0$ 2022‐00000136 265‐72‐711 600‐635 Materials Special Departmental Exp 12/10/2021 33216 US BANK‐PURCHASING CARD PROGRAM SundariP111521 12/2/2021 9702 CC Charges Mercury News Monthly Subscription for Housing Division ‐ 11/2021 Sundari Pilaka 9.95 $ NULL 265‐72‐711 600‐647 Materials Memberships and Dues 12/17/2021 729287 COLLEEN LOPEZ 2021‐6 12/15/2021 Housing Consultant 2021/11 Housing Consultant FY 21/22 Sundari Pilaka 600.00 $ 2022‐00000200 265‐72‐711 700‐702 Contract Services General Service Agreement 1/14/2022 33403 GIULIANI & KULL ‐ SAN JOSE, INC. 16819 1/6/2022 Mary Ave Street Realignment through 110121‐113021 SO #7 Mary Ave Parcel Map Kim Lunt 3,713.0 0$ 2022‐00000167 265‐72‐711 750‐052 Special Projects Develop ELI Housing 1/14/2022 3340 4 GOLDFARB & LIPMAN 143181 1/12/2022 Housing Legal Review 2021/11 Housing Legal Review 2021/11 Sundari Pilaka 406.00 $ NULL 265‐72‐711 700‐702 Contract Services General Service Agreement 1/14/2022 3340 4 GOLDFARB & LIPMAN 143182 1/12/2022 Housing Legal Review 2021/11 Housing Legal Review 2021/11 Sundari Pilaka 576.00 $ NULL 265‐72‐711 700‐702 Contract Services General Service Agreement 1/14/2022 33429 RISE HOUSING SOLUTIONS, INC Cupertino ‐ 008 1/12/2022 BMR Program Administrator 2021/12 BMR AHF Affordable Placement Program FY21‐22 Sundari Pilaka 18,596.0 0$ 2022‐00000136 265‐72‐711 600‐635 Materials Special Departmental Exp 1/14/2022 33436 US BANK‐PURCHASING CARD PROGRAM SundariP121521 1/6/2022 9702 CC Charges Mercury News Monthly Subscription for Housing Division ‐ 12/2021 Sundari Pilaka 9.95 $ NULL 265‐72‐711 600‐647 Materials Memberships and Dues 1/14/2022 72941 6 MMANC 5492 1/12/2022 Membership Renewal ‐ Kerri (through 1/27/2023) Membership Renewal ‐ Kerri (through 1/27/2023) Cyrah Caburian 75.00 $ NULL 265‐72‐711 600‐647 Materials Memberships and Dues 1/21/2022 33463 GOLDFARB & LIPMAN 14342 6 1/19/2022 Housing Legal Review 2021/12 Housing Legal Review 2021/12 Sundari Pilaka 1,680.0 0$ NULL 265‐72‐711 700‐702 Contract Services General Service Agreement 1/21/2022 729478 VERIZON WIRELESS 9894310849 ‐59 1/18/2022 4084664906 Kerri Heusler Housing Planner NULL Mariela Rodriguez 38.01$ NULL 265‐72‐711 600‐642 Materials Telphone and Data Services 1/28/2022 33497 GOLDFARB & LIPMAN 143693 1/26/2022 Housing Legal Review 2021/12 Housing Legal Review 2021/12 Sundari Pilaka 899.00 $ NULL 265‐72‐711 700‐702 Contract Services General Service Agreement 2/4/2022 729555 PROJECT SENTINEL PSCDBGQ2FY2122 2/2/2022 Below Market Rate Fund (BMR) ‐ Q2 Fair Housing & Tenant Landlord Counseling & Dispute Reso FY21‐22 Cyrah Caburian 18,935.55$ 2022‐00000170 265‐72‐711 600‐623 Materials Grant Expenditures 2/4/2022 72957 0 VERIZON WIRELESS 9896551278 ‐59 2/2/2022 4084664906 Kerri Heusler Housing Planner NULL Janet Liang 38.01 $ NULL 265‐72‐711 600‐642 Materials Telphone and Data Services 2/11/2022 33626 US BANK‐PURCHASING CARD PROGRAM SundariP011722 2/3/2022 9702 CC Charges San Jose Mercury News Online Subscription Sundari Pilaka 9.95 $ NULL 265‐72‐711 600‐647 Materials Memberships and Dues 2/25/2022 72971 6 VERIZON WIRELESS 9898794026 ‐59 2/23/2022 4084664906 Kerri Heusler Housing Planner NULL Janet Liang 38.01 $ NULL 265‐72‐711 600‐642 Materials Telphone and Data Services 3/4/2022 33775 RISE HOUSING SOLUTIONS, INC Cupertino ‐009 3/2/2022 BMR Program Administrator 2022/01 BMR AHF Affordable Placement Program FY21‐22 Cyrah Caburian 15,830.0 0$ 2022‐00000136 265‐72‐711 600‐635 Materials Special Departmental Exp 3/4/2022 729729 COLLEEN LOPEZ 2021‐7 3/2/2022 CDBG Housing Consultant 2021/12 Housing Consultant FY 21/22 Cyrah Caburian 120.00$ 2022‐00000200 265‐72‐711 700‐702 Contract Services General Service Agreement 3/4/2022 729777 The Center for Common Concerns, Inc 1745 3/2/2022 CWP end homelessness administrator 2021/12 City work plan to end homelessness Cyrah Caburian 6,278.6 0$ 2022‐00000407 265‐72‐711 750‐051 Special Projects Support for the Unhoused 3/4/2022 729777 The Center for Common Concerns, Inc 1751 3/2/2022 CWP Homelessness Administrator 2022/01 City work plan to end homelessness Cyrah Caburian 9,476.1 0$ 2022‐00000407 265‐72‐711 750‐051 Special Projects Support for the Unhoused 3/11/2022 33819 RISE HOUSING SOLUTIONS, INC Cupertino ‐010 3/8/2022 BMR Program Administrator 2022/02 BMR AHF Affordable Placement Program FY21‐22 Cyrah Caburian 12,755.0 0$ 2022‐00000136 265‐72‐711 600‐635 Materials Special Departmental Exp 3/11/2022 33828 US BANK‐PURCHASING CARD PROGRAM SundariP021522 3/4/2022 9702 CC Charges Mercury News Monthly Subscription for Housing Division ‐ 02/2022 Sundari Pilaka 9.95 $ NULL 265‐72‐711 600‐647 Materials Memberships and Dues 3/18/2022 72982 4 COLLEEN LOPEZ 2021‐8 3/16/2022 CDBG Housing Consultant 2022/01‐02 Housing Consultant FY 21/22 Cyrah Caburian 600.00$ 2022‐00000200 265‐72‐711 700‐702 Contract Services General Service Agreement 3/18/2022 72985 0 VERIZON WIRELESS 9901054103 ‐58 3/15/2022 4084664906 Kerri Heusler Housing Planner NULL Janet Liang 27.14 $ NULL 265‐72‐711 600‐642 Materials Telphone and Data Services 4/1/2022 33956 Homebase 1789 3/30/2022 CWP Homelessness Administrator 2022/02 City work plan to end homelessness Cyrah Caburian 21,445.7 7$ 2022‐00000407 265‐72‐711 750‐051 Special Projects Support for the Unhoused 4/8/2022 33996 City Data Services, LLC 2211 4/6/2022 CDS Monthly Maintenance 2022 Jan ‐ March Data Management for Housing Programs FY 21‐22 Cyrah Caburian 1,050.0 0$ 2022‐00000177 265‐72‐711 700‐702 Contract Services General Service Agreement 4/8/2022 34019 RISE HOUSING SOLUTIONS, INC Cupertino ‐011 4/6/2022 BMR Program Administrator 2022/03 BMR AHF Affordable Placement Program FY21‐22 Cyrah Caburian 12,214.0 0$ 2022‐00000136 265‐72‐711 600‐635 Materials Special Departmental Exp 4/15/2022 34080 US BANK CyrahC031522 3/16/2022 0363 CC Charges Housing CA Conference Registration (One day)‐ Gabe Cyrah Caburian 325.00$ NULL 265‐72‐711 600‐629 Materials Conference and Training 4/15/2022 34080 US BANK SundariP031522 3/28/2022 9702 CC Charges Mercury News Monthly Subscription for Housing Division ‐ 03/2022 Sundari Pilaka 9.95 $ NULL 265‐72‐711 600‐647 Materials Memberships and Dues 4/29/2022 3415 4 Homebase 1834 4/20/2022 CWP Homelessness Administrator 2022/03 City work plan to end homelessness Cyrah Caburian 12,563.81$ 2022‐00000407 265‐72‐711 750‐051 Special Projects Support for the Unhoused 4/29/2022 730161 GABRIEL BORDEN 2022 ‐00000655 4/20/2022 Travel Reimbursement Housing California Annual Conference 04/22 Travel Reimbursement Housing California Annual Conference 04/22 Cyrah Caburian 57.75 $ NULL 265‐72‐711 600‐629 Materials Conference and Training 5/6/2022 34212 GOLDFARB & LIPMAN 144851 4/28/2022 Housing Legal Review 2022/03 Housing Legal Review 2022/03 Cyrah Caburian 384.00$ NULL 265‐72‐711 700‐702 Contract Services General Service Agreement 5/6/2022 730203 VERIZON WIRELESS 9901054104 ‐58 5/2/2022 408‐466‐4906 / K. Housing Planner NULL Janet Liang 10.87 $ NULL 265‐72‐711 600‐642 Materials Telphone and Data Services 5/6/2022 730203 VERIZON WIRELESS 9903371206 ‐59 5/3/2022 408‐466‐4906 / K. Housing Planner NULL Janet Liang 38.01 $ NULL 265‐72‐711 600‐642 Materials Telphone and Data Services 5/13/2022 34280 US BANK SundariP041522 5/5/2022 9702 CC Charges San Jose Mercury News Online Subscription Sundari Pilaka 9.95 $ NULL 265‐72‐711 600‐647 Materials Memberships and Dues 5/20/2022 730285 VERIZON WIRELESS 9905703460 ‐58 5/16/2022 408‐466‐4906 / K. Housing Planner NULL Janet Liang 38.01 $ NULL 265‐72‐711 600‐642 Materials Telphone and Data Services 5/27/2022 34353 GOLDFARB & LIPMAN 14411 0 5/25/2022 Housing Legal Review 2022/01 Housing Legal Review 2022/01 Cyrah Caburian 3,616.0 0$ NULL 265‐72‐711 700‐702 Contract Services General Service Agreement 5/27/2022 34358 Homebase 1872 5/25/2022 CWP Homelessness Administrator 2022/04 City work plan to end homelessness Cyrah Caburian 13,109.32$ 2022‐00000407 265‐72‐711 750‐051 Special Projects Support for the Unhoused 5/27/2022 34381 RISE HOUSING SOLUTIONS, INC Cupertino ‐012 5/3/2022 BMR Program Administrator 2022/04 BMR AHF Affordable Placement Program FY21‐22 Cyrah Caburian 14,030.0 0$ 2022‐00000136 265‐72‐711 600‐635 Materials Special Departmental Exp 6/3/2022 34413 GOLDFARB & LIPMAN 145313 6/1/2022 Housing Legal Review 2022/05 Housing Legal Review 2022/05 Sundari Pilaka 992.00 $ NULL 265‐72‐711 700‐702 Contract Services General Service Agreement 6/3/2022 34431 RISE HOUSING SOLUTIONS, INC Cupertino ‐ 013 6/1/2022 BMR Program Administrator 2022/05 BMR AHF Affordable Placement Program FY21‐22 Sundari Pilaka 19,084.0 0$ 2022‐00000136 265‐72‐711 600‐635 Materials Special Departmental Exp 6/3/2022 730367 PROJECT SENTINEL PSQ3FY2122 6/1/2022 BMR AHF Rental Mediation Q3 FY21‐22 Fair Housing & Tenant Landlord Counseling & Dispute Reso FY21‐22 Sundari Pilaka 13,196.29$ 2022‐00000170 265‐72‐711 600‐623 Materials Grant Expenditures 6/10/2022 34499 US BANK SundariP051622 6/2/2022 9702 CC Charges Mercury News Monthly Subscription for Housing Division ‐ 05/2022 Sundari Pilaka 9.95 $ NULL 265‐72‐711 600‐647 Materials Memberships and Dues 6/24/2022 34581 Homebase 1928 6/7/2022 CWP Homeless Administrator 2022/05 City work plan to end homelessness Sundari Pilaka 6,002.3 4$ 2022‐00000407 265‐72‐711 750‐051 Special Projects Support for the Unhoused 6/24/2022 34623 US BANK SundariP061522 6/20/2022 9702 CC Charges Mercury News Monthly Subscription for Housing Division ‐ 06/2022 Sundari Pilaka 9.95 $ NULL 265‐72‐711 600‐647 Materials Memberships and Dues 6/24/2022 730542 PROJECT SENTINEL 440‐502‐0622 6/7/2022 BMR AHF Rental Mediation Q4 FY21‐22 Fair Housing & Tenant Landlord Counseling & Dispute Reso FY21‐22 Sundari Pilaka 2,037.1 4$ 2022‐00000170 265‐72‐711 600‐623 Materials Grant Expenditures 6/24/2022 730548 VERIZON WIRELESS 9908045553 ‐59 6/14/2022 408‐466‐4906 / K. Housing Planner NULL Janet Liang 38.01 $ NULL 265‐72‐711 600‐642 Materials Telphone and Data Services 7/1/2022 34666 RISE HOUSING SOLUTIONS, INC Cupertino ‐ 014 6/30/2022 BMR Program Administrator 2022/06 FY21‐22 BMR AHF Affordable Placement Program FY21‐22 Sundari Pilaka 31,692.0 0$ 2022‐00000136 265‐72‐711 600‐635 Materials Special Departmental Exp 7/15/2022 34749 GOLDFARB & LIPMAN LLP 14577 6 6/30/2022 Housing Legal Review 2022/05 FY21‐22 Housing Legal Review 2022/05 FY21‐22 Sundari Pilaka 288.00 $ NULL 265‐72‐711 700‐702 Contract Services General Service Agreement 7/15/2022 34749 GOLDFARB & LIPMAN LLP 145777 6/30/2022 BMR Housing Legal Review 2022/05 FY21‐22 BMR Housing Legal Review 2022/05 FY21‐22 Sundari Pilaka 2,560.0 0$ NULL 265‐72‐711 700‐702 Contract Services General Service Agreement 7/15/2022 34751 Homebase 1982 6/30/2022 CWP Homelessness Administrator 2022/06 FY21‐22 City work plan to end homelessness Sundari Pilaka 2,348.12$ 2022‐00000407 265‐72‐711 750‐051 Special Projects Support for the Unhoused 7/22/2022 34793 City Data Services, LLC 2231 6/30/2022 FY21‐22 CDS Monthly Maintenance 2022 April‐June Data Management for Housing Programs FY 21‐22 Cyrah Caburian 1,050.0 0$ 2022‐00000177 265‐72‐711 700‐702 Contract Services General Service Agreement 7/22/2022 730725 VERIZON WIRELESS 9910352420 ‐57 6/30/2022 FY21‐22 408‐466‐4906 / K. Housing Planner NULL Janet Liang 38.01 $ NULL 265‐72‐711 600‐642 Materials Telphone and Data Services 7/29/2022 34861 GOLDFARB & LIPMAN LLP 144707 6/30/2022 FY21‐22 Housing Legal Review 2022/04 FY21‐22 Housing Legal Review 2022/04 Cyrah Caburian 1,984.0 0$ NULL 265‐72‐711 700‐702 Contract Services General Service Agreement 7/29/2022 34861 GOLDFARB & LIPMAN LLP 14611 0 6/30/2022 FY21‐22 Housing Legal Review 2022/06 FY21‐22 Housing Legal Review 2022/06 Cyrah Caburian 1,760.0 0$ NULL 265‐72‐711 700‐702 Contract Services General Service Agreement 7/29/2022 34878 US BANK SundariP07152022 7/25/2022 9702 CC Charges Mercury News Monthly Subscription for Housing Division ‐ 07/2022 Sundari Pilaka 9.95 $ NULL 265‐72‐711 600‐647 Materials Memberships and Dues 8/19/2022 35056 GOLDFARB & LIPMAN LLP 146187 6/30/2022 FY21‐22 Housing Legal Review 2022/05 FY21‐22 Housing Legal Review 2022/05 Cyrah Caburian 960.00$ NULL 265‐72‐711 700‐702 Contract Services General Service Agreement 8/26/2022 35069 City Data Services, LLC 2289 8/18/2022 CDS Monthly Maintenance 2022 July‐Sept Data Management for Housing Programs FY22‐23 Cyrah Caburian 1,275.0 0$ 2023‐00000144 265‐72‐711 700‐702 Contract Services General Service Agreement 8/26/2022 35073 GOLDFARB & LIPMAN LLP 14623 6 8/18/2022 Housing Legal Review 2022/07 Housing Legal Review 2022/07 Cyrah Caburian 238.00$ NULL 265‐72‐711 750‐052 Special Projects Develop ELI Housing 8/26/2022 3507 4 Homebase 2035 8/18/2022 CWP Homelessness Administrator 2022/07 City work plan to end homelessness Cyrah Caburian 2,346.6 8$ 2022‐00000407 265‐72‐711 750‐051 Special Projects Support for the Unhoused 8/26/2022 730951 VERIZON WIRELESS 9912680067 ‐58 8/22/2022 408‐466‐4906 / K. Housing Planner NULL Janet Liang 38.01 $ NULL 265‐72‐711 600‐642 Materials Telphone and Data Services 9/2/2022 35121 GIULIANI & KULL ‐ SAN JOSE, INC. 1701 4 8/25/2022 Mary Avenue Street Realignment through 060122‐063022 SO #7 Mary Ave Parcel Map Kim Lunt 632.00 $ 2022‐00000167 265‐72‐711 750‐052 Special Projects Develop ELI Housing 9/9/2022 35189 Rise Housing Solutions, Inc Cupertino ‐ 015 9/7/2022 BMR Program Administrator 2022/07 BMR Program Administrator FY22‐23 Sundari Pilaka 18,597.0 0$ 2023‐00000128 265‐72‐711 600‐635 Materials Special Departmental Exp 9/9/2022 35189 Rise Housing Solutions, Inc Cupertino ‐ 016 9/7/2022 BMR Program Administrator 2022/08 BMR Program Administrator FY22‐23 Sundari Pilaka 11,342.5 0$ 2023‐00000128 265‐72‐711 600‐635 Materials Special Departmental Exp 9/16/2022 35262 US BANK SundariP081522 8/22/2022 9702 CC Charges Mercury News Monthly Subscription for Housing Division ‐ 08/2022 Sundari Pilaka 9.95 $ NULL 265‐72‐711 600‐647 Materials Memberships and Dues 9/23/2022 73113 0 VERIZON WIRELESS 9915014797 ‐58 9/19/2022 408‐466‐4906 / K. Housing Planner NULL Janet Liang 38.01 $ NULL 265‐72‐711 600‐642 Materials Telphone and Data Services 9/30/2022 35340 Homebase 2083 9/27/2022 CWP Homelessness Administrator 2022/08 City work plan to end homelessness Cyrah Caburian 923.82$ 2022‐00000407 265‐72‐711 750‐051 Special Projects Support for the Unhoused 10/7/2022 35416 Rise Housing Solutions, Inc Cupertino ‐017 10/4/2022 BMR Program Administrator 2022/09 BMR Program Administrator FY22‐23 Cyrah Caburian 25,135.0 0$ 2023‐00000128 265‐72‐711 600‐635 Materials Special Departmental Exp 10/14/2022 35479 US BANK SundariP091522 10/4/2022 9702 CC Charges Mercury News Monthly Subscription for Housing Division ‐ 09/2022 Sundari Pilaka 9.95 $ NULL 265‐72‐711 600‐647 Materials Memberships and Dues 10/28/2022 731336 VERIZON WIRELESS 9917376693 ‐58 10/11/2022 408‐466‐4906 / K. Housing Planner NULL Janet Liang 38.01 $ NULL 265‐72‐711 600‐642 Materials Telphone and Data Services 11/10/2022 35665 GOLDFARB & LIPMAN LLP 146262 11/8/2022 Housing Legal Review 2022/07 Housing Legal Review 2022/07 Sundari Pilaka 892.00 $ NULL 265‐72‐711 700‐702 Contract Services General Service Agreement 11/10/2022 35665 GOLDFARB & LIPMAN LLP 458952 11/8/2022 Housing Legal Review 2022/09 Housing Legal Review 2022/09 Sundari Pilaka 714.00 $ NULL 265‐72‐711 700‐702 Contract Services General Service Agreement 11/10/2022 35665 GOLDFARB & LIPMAN LLP 459229 11/8/2022 Housing Legal Review 2022/09 Housing Legal Review 2022/09 Sundari Pilaka 136.00 $ NULL 265‐72‐711 700‐702 Contract Services General Service Agreement 11/10/2022 35690 US BANK SundariP101722 10/28/202 2 9702 CC Charges Mercury News Monthly Subscription for Housing Division ‐ 10/2022 Sundari Pilaka 9.95 $ NULL 265‐72‐711 600‐647 Materials Memberships and Dues 11/18/2022 731463 VERIZON WIRELESS 9919754045 ‐58 11/14/2022 408‐466‐4906 / K. Housing Planner NULL Janet Liang 38.01 $ NULL 265‐72‐711 600‐642 Materials Telphone and Data Services 11/25/2022 35761 City Data Services, LLC 2330 11/21/202 2 CDS Monthly Maintenance 2022 Oct‐Dec Data Management for Housing Programs FY22‐23 Cyrah Caburian 1,275.0 0$ 2023‐00000144 265‐72‐711 700‐702 Contract Services General Service Agreement 11/25/2022 35772 Homebase 2175 11/21/202 2 CWP Homelessness Administrator 2022/10 City work plan to end homelessness Cyrah Caburian 536.55$ 2022‐00000407 265‐72‐711 750‐051 Special Projects Support for the Unhoused 11/25/2022 731521 PROJECT SENTINEL PSCDBGQ1FY2223 11/21/202 2 Below Market Rate Fund (BMR) ‐ Q1 Fair Housing & Tenant Landlord Counseling & Dispute Reso FY22‐23 Cyrah Caburian 8,188.5 0$ 2023‐00000220 265‐72‐711 600‐623 Materials Grant Expenditures 12/2/2022 35832 Rise Housing Solutions, Inc Cupertino ‐ 018 11/30/202 2 BMR Program Administrator 2022/10 BMR Program Administrator FY22‐23 Cyrah Caburian 84,332.5 0$ 2023‐00000128 265‐72‐711 600‐635 Materials Special Departmental Exp 12/9/2022 35885 Rise Housing Solutions, Inc Cupertino ‐ 019 12/6/2022 BMR Program Administrator 2022/11 BMR Program Administrator FY22‐23 Cyrah Caburian 13,052.5 0$ 2023‐00000128 265‐72‐711 600‐635 Materials Special Departmental Exp 12/16/2022 35938 US BANK SundariP111522 11/30/202 2 9702 CC Charges Mercury News Monthly Subscription for Housing Division ‐ 11/2022 Sundari Pilaka 9.95 $ NULL 265‐72‐711 600‐647 Materials Memberships and Dues 12/23/2022 35973 Homebase 2210 12/20/202 2 CWP Homelessness Administrator 2022/11 City work plan to end homelessness Cyrah Caburian 766.99$ 2022‐00000407 265‐72‐711 750‐051 Special Projects Support for the Unhoused 12/23/2022 731690 MMANC 7032 12/20/202 2 Membership Renewal ‐ Kerri Heusler (through January 27, 2024) Membership Renewal ‐ Kerri Heusler (through January 27, 2024) Cyrah Caburian 75.00 $ NULL 265‐72‐711 600‐647 Materials Memberships and Dues 1/6/2023 731747 VERIZON WIRELESS 9922133976 ‐58 1/3/2023 408‐466‐4906 / K. Housing Planner NULL Janet Liang 38.01 $ NULL 265‐72‐711 600‐642 Materials Telphone and Data Services 1/20/2023 36128 GOLDFARB & LIPMAN LLP 460429 1/11/2023 Housing Legal Review 2022/11 Housing Legal Review 2022/11 Cyrah Caburian 306.00$ NULL 265‐72‐711 700‐702 Contract Services General Service Agreement 1/20/2023 36150 Rise Housing Solutions, Inc Cupertino ‐ 020 1/11/2023 BMR Program Administrator 2022/12 BMR Program Administrator FY22‐23 Cyrah Caburian 9,525.0 0$ 2023‐00000128 265‐72‐711 600‐635 Materials Special Departmental Exp 1/20/2023 36158 US BANK CyrahC121522 12/20/202 2 0363 CC Charges Housing CA Conference Registration ‐ Kerri/Alec Cyrah Caburian 900.00$ NULL 265‐72‐711 600‐629 Materials Conference and Training 1/20/2023 36158 US BANK SundariP121522 1/5/2023 9702 CC Charges Mercury News Monthly Subscription for Housing Division ‐ 12/2022 Sundari Pilaka 9.95 $ NULL 265‐72‐711 600‐647 Materials Memberships and Dues 1/26/2023 36185 GOLDFARB & LIPMAN LLP 457757 1/24/2023 Housing Legal Review 2022/08 Housing Legal Review 2022/08 Cyrah Caburian 2,138.0 0$ NULL 265‐72‐711 700‐702 Contract Services General Service Agreement 1/26/2023 36185 GOLDFARB & LIPMAN LLP 461402 1/24/2023 Housing Legal Review 2022/12 Housing Legal Review 2022/12 Cyrah Caburian 442.00$ NULL 265‐72‐711 700‐702 Contract Services General Service Agreement 2/10/2023 36308 Rise Housing Solutions, Inc Cupertino ‐ 021 2/7/2023 BMR Program Administrator 2023/01 BMR Program Administrator FY22‐23 Cyrah Caburian 10,420.0 0$ 2023‐00000128 265‐72‐711 600‐635 Materials Special Departmental Exp 2/17/2023 36375 US BANK CyrahC011623 1/17/2023 0363 CC Charges Housing CA Conference Hotel deposit ‐ Kerri Cyrah Caburian 269.59$ NULL 265‐72‐711 600‐629 Materials Conference and Training 2/17/2023 36375 US BANK CyrahC011623 1/17/2023 0363 CC Charges Housing CA Conference Hotel deposit ‐ Alec Cyrah Caburian 269.59$ NULL 265‐72‐711 600‐629 Materials Conference and Training 2/17/2023 36375 US BANK CyrahC011623 1/17/2023 0363 CC Charges Housing CA Conference Hotel corrected deposit ‐ Kerri Cyrah Caburian 269.55$ NULL 265‐72‐711 600‐629 Materials Conference and Training 2/17/2023 36375 US BANK CyrahC011623 1/17/2023 0363 CC Charges Housing CA Conference Hotel corrected deposit ‐ Alec Cyrah Caburian 269.55$ NULL 265‐72‐711 600‐629 Materials Conference and Training 2/17/2023 36375 US BANK CyrahC011623 1/17/2023 0363 CC Charges Housing CA Conference flight ‐ Kerri Cyrah Caburian 127.96$ NULL 265‐72‐711 600‐629 Materials Conference and Training 2/17/2023 36375 US BANK CyrahC011623 1/17/2023 0363 CC Charges Housing CA Conference flight ‐ Alec Cyrah Caburian 157.96$ NULL 265‐72‐711 600‐629 Materials Conference and Training 2/17/2023 36375 US BANK SundariP011623 2/1/2023 9702 CC Charges Mercury News Monthly Subscription for Housing Division ‐ 01/2023 Sundari Pilaka 9.95 $ NULL 265‐72‐711 600‐647 Materials Memberships and Dues 2/24/2023 36388 City Data Services, LLC 2366 2/22/2023 CDS Monthly Maintenance 2023 Jan‐Mar Data Management for Housing Programs FY22‐23 Cyrah Caburian 1,275.0 0$ 2023‐00000144 265‐72‐711 700‐702 Contract Services General Service Agreement 2/24/2023 36400 Homebase 2253 2/22/2023 CWP Homelessness Administrator 2022/12 City work plan to end homelessness Cyrah Caburian 497.79$ 2022‐00000407 265‐72‐711 750‐051 Special Projects Support for the Unhoused 2/24/2023 36400 Homebase 2294 2/22/2023 CWP Homelessness Administrator 2023/01 City work plan to end homelessness Cyrah Caburian 303.30$ 2022‐00000407 265‐72‐711 750‐051 Special Projects Support for the Unhoused 2/24/2023 73207 0 PROJECT SENTINEL PSCDBGQ2FY2223 2/22/2023 Below Market Rate Fund (BMR) ‐ Q2 Fair Housing & Tenant Landlord Counseling & Dispute Reso FY22‐23 Cyrah Caburian 3,452.85$ 2023‐00000220 265‐72‐711 600‐623 Materials Grant Expenditures 2/24/2023 732078 VERIZON WIRELESS 9926893234 ‐58 2/16/2023 408‐466‐4906 / K. Housing Planner NULL Janet Liang 38.01 $ NULL 265‐72‐711 600‐642 Materials Telphone and Data Services 3/17/2023 36560 Goldfarb & Lipman LLP 462738 3/14/2023 Housing Legal Review 2023/02 Housing Legal Review 2023/02 Cyrah Caburian 63.00 $ NULL 265‐72‐711 700‐702 Contract Services General Service Agreement 3/17/2023 36581 Rise Housing Solutions, Inc Cupertino ‐ 022 3/14/2023 BMR Program Administrator 2023/02 BMR Program Administrator FY22‐23 Cyrah Caburian 15,500.0 0$ 2023‐00000128 265‐72‐711 600‐635 Materials Special Departmental Exp 3/17/2023 36590 US BANK CyrahC021523 2/22/2023 0363 CC Charges Housing CA Conference Learning Lab #1 (Alec) Cyrah Caburian 200.00$ NULL 265‐72‐711 600‐629 Materials Conference and Training 3/17/2023 36590 US BANK SundariP021523 3/8/2023 9702 CC Charges Mercury News Monthly Subscription for Housing Division ‐ 02/2023 Sundari Pilaka 9.95 $ NULL 265‐72‐711 600‐647 Materials Memberships and Dues 3/17/2023 73217 4 Advantage Grafix 47348 3/14/2023 Business Cards ‐ Housing Division Business Cards ‐ Housing Division Cyrah Caburian 97.12 $ NULL 265‐72‐711 600‐608 Materials Sml Tools and Equipment 3/31/2023 732308 VERIZON WIRELESS 9929285853 ‐57 3/27/2023 408‐466‐4906 / K. Housing Planner NULL Janet Liang 38.01 $ NULL 265‐72‐711 600‐642 Materials Telphone and Data Services 4/7/2023 36725 Homebase 2343 4/3/2023 CWP Homelessness Administrator 2023/02 City work plan to end homelessness Cyrah Caburian 626.50$ 2022‐00000407 265‐72‐711 750‐051 Special Projects Support for the Unhoused 4/14/2023 36761 Alec Vybiral AlecV04/10/2023 4/12/2023 Reimbursement for Housing CA Conference ‐ Alec Vybiral Reimbursement for Housing CA Conference ‐ Alec Vybiral Sundari Pilaka 233.89 $ NULL 265‐72‐711 600‐629 Materials Conference and Training 4/14/2023 36795 Rise Housing Solutions, Inc Cupertino ‐ 023 4/12/2023 BMR Program Administrator ‐ March 2023 BMR Program Administrator FY22‐23 Sundari Pilaka 43,670.0 0$ 2023‐00000128 265‐72‐711 600‐635 Materials Special Departmental Exp 4/14/2023 36800 US BANK SundariP031523 4/4/2023 9702 CC Charges Mercury News Monthly Subscription for Housing Division ‐ 03/2023 Sundari Pilaka 9.95 $ NULL 265‐72‐711 600‐647 Materials Memberships and Dues 4/21/2023 36827 GIULIANI & KULL ‐ SAN JOSE, INC. 17256 4/17/2023 20117 Mary Ave Legal Description through 02012023‐02282023 SO #7 Mary Ave Parcel Map Kim Lunt 697.50 $ 2022‐00000167 265‐72‐711 750‐052 Special Projects Develop ELI Housing 4/21/2023 3683 4 KERRI HEUSLER KerriH0413202 3 4/18/2023 Reimbursement for Housing CA Conference ‐ Kerri Heusler Reimbursement for Housing CA Conference ‐ Kerri Heusler Sundari Pilaka 292.57 $ NULL 265‐72‐711 600‐629 Materials Conference and Training 4/28/2023 36886 Homebase 2390 4/26/2023 CWP Homelessness Administrator 2023/03 City work plan to end homelessness Sundari Pilaka 1,532.5 8$ 2022‐00000407 265‐72‐711 750‐051 Special Projects Support for the Unhoused 5/5/2023 36959 Rise Housing Solutions, Inc Cupertino ‐ 024 5/3/2023 BMR Program Administrator 2023/04 BMR Program Administrator FY22‐23 Sundari Pilaka 10,730.0 0$ 2023‐00000128 265‐72‐711 600‐635 Materials Special Departmental Exp 5/5/2023 732487 PROJECT SENTINEL PSCDBGQ3FY2223 5/3/2023 BMR AHF Rental Mediation ‐ Q3 Fair Housing & Tenant Landlord Counseling & Dispute Reso FY22‐23 Sundari Pilaka 9,119.7 4$ 2023‐00000220 265‐72‐711 600‐623 Materials Grant Expenditures 5/5/2023 732499 VERIZON WIRELESS 9931706970 ‐57 4/17/2023 408‐466‐4906 / K. Housing Planner NULL Janet Liang 38.01 $ NULL 265‐72‐711 600‐642 Materials Telphone and Data Services 5/12/2023 37035 US BANK CyrahC041723 5/9/2023 0363 CC Charges MMANC ‐ 2023 WLS Registration for Abby Ayende Sundari Pilaka 135.00 $ NULL 265‐72‐711 600‐629 Materials Conference and Training 5/12/2023 37035 US BANK SundariP041723 4/28/2023 9702 CC Charges Mercury News Monthly Subscription for Housing Division ‐ 04/2023 Sundari Pilaka 9.95 $ NULL 265‐72‐711 600‐647 Materials Memberships and Dues 5/19/2023 37055 City Data Services, LLC 2404 5/16/2023 CDS Monthly Maintenance 2023 Apr‐Jun Data Management for Housing Programs FY22‐23 Sundari Pilaka 1,275.0 0$ 2023‐00000144 265‐72‐711 700‐702 Contract Services General Service Agreement 5/19/2023 732579 Chicago Title Company FWPS ‐TO23000152 5/10/2023 Map & Title Review SO #6 Mary Ave Parcel Map (Pagan) Kim Lunt 1,925.62 $ 2023‐00000337 265‐72‐711 750‐052 Special Projects Develop ELI Housing 5/26/2023 3711 4 Goldfarb & Lipman LLP 464209 5/24/2023 Housing Legal Review 2023/04 Housing Legal Review 2023/04 Sundari Pilaka 7,062.0 0$ NULL 265‐72‐711 700‐702 Contract Services General Service Agreement 6/9/2023 37215 Homebase 2434 5/24/2023 CWP Homelessness Administrator 2023/04 City work plan to end homelessness Sundari Pilaka 5,672.6 6$ 2022‐00000407 265‐72‐711 750‐051 Special Projects Support for the Unhoused 6/9/2023 37238 Rise Housing Solutions, Inc Cupertino ‐ 025 5/24/2023 BMR Program Administrator 2023/05 BMR Program Administrator FY22‐23 Sundari Pilaka 17,860.0 0$ 2023‐00000128 265‐72‐711 600‐635 Materials Special Departmental Exp 6/9/2023 732725 VERIZON WIRELESS 9934094492 ‐53 6/1/2023 408‐466‐4906 / K. Housing Planner NULL Janet Liang 27.88 $ NULL 265‐72‐711 600‐642 Materials Telphone and Data Services 6/16/2023 37315 US BANK SundariP051523 6/7/2023 9702 CC Charges Mercury News Monthly Subscription for Housing Division ‐ 05/2023 Sundari Pilaka 9.95 $ NULL 265‐72‐711 600‐647 Materials Memberships and Dues 6/23/2023 37343 Homebase 2480 6/21/2023 CWP Homelessness Administrator 2023/05 City work plan to end homelessness Sundari Pilaka 579.6 4$ 2022‐00000407 265‐72‐711 750‐051 Special Projects Support for the Unhoused 7/14/2023 37496 GIULIANI & KULL ‐ SAN JOSE, INC. 17316 6/30/2023 20117 Mary Ave Legal Description through 04012023‐04302023 SO #7 Mary Ave Parcel Map Kim Lunt 77.50 $ 2022‐00000167 265‐72‐711 750‐052 Special Projects Develop ELI Housing 7/14/2023 3752 4 US BANK SundariP061523 6/29/2023 9702 CC Charges Mercury News Monthly Subscription for Housing Division ‐ 06/2023 Sundari Pilaka 27.86 $ NULL 265‐72‐711 600‐647 Materials Memberships and Dues 7/21/2023 733058 VERIZON WIRELESS 9924517994 ‐58 6/30/2023 408‐466‐4906 / K. Housing Planner NULL Janet Liang 38.01 $ NULL 265‐72‐711 600‐642 Materials Telphone and Data Services 7/28/2023 37598 Goldfarb & Lipman LLP 464881 6/30/2023 Housing Legal Review 2023/04 Housing Legal Review 2023/04 Sundari Pilaka 32,850.0 0$ NULL 265‐72‐711 700‐702 Contract Services General Service Agreement 7/28/2023 37598 Goldfarb & Lipman LLP 465713 6/30/2023 Housing Legal Review 2023/06 Housing Legal Review 2023/06 Sundari Pilaka 238.00 $ NULL 265‐72‐711 700‐702 Contract Services General Service Agreement 7/28/2023 37598 Goldfarb & Lipman LLP 465777 6/30/2023 Housing Legal Review 2023/06 Housing Legal Review 2023/06 Sundari Pilaka 9,185.5 0$ NULL 265‐72‐711 700‐702 Contract Services General Service Agreement 7/28/2023 733085 PROJECT SENTINEL PSCDBGQ4FY2223 6/30/2023 BMR AHF Rental Mediation ‐ Q4 Fair Housing & Tenant Landlord Counseling & Dispute Reso FY22‐23 Sundari Pilaka 29,238.91$ 2023‐00000220 265‐72‐711 600‐623 Materials Grant Expenditures 8/4/2023 3767 4 Rise Housing Solutions, Inc Cupertino ‐ 026 6/30/2023 BMR Program Administrator 2023/06 BMR Program Administrator FY22‐23 Sundari Pilaka 5,390.0 0$ 2023‐00000128 265‐72‐711 600‐635 Materials Special Departmental Exp 8/11/2023 37705 Rise Housing Solutions, Inc Cupertino ‐ 027 8/9/2023 BMR Program Administrator 2023/07 BMR Program Administrator FY23‐24 Jon De Ridder 17,579.0 0$ 2024‐00000151 265‐72‐711 600‐635 Materials Special Departmental Exp 8/18/2023 3777 4 US BANK SundariP07172023 7/31/2023 9702 CC Charges Mercury News Monthly Subscription for Housing Division ‐ 07/2023 Sundari Pilaka 28.79 $ NULL 265‐72‐711 600‐647 Materials Memberships and Dues 9/1/2023 37838 Goldfarb & Lipman LLP 466488 8/24/2023 Housing Legal Review 2023/07 Housing Legal Review 2023/07 Jon De Ridder 10,172.0 0$ NULL 265‐72‐711 700‐702 Contract Services General Service Agreement 9/8/2023 37916 Rise Housing Solutions, Inc Cupertino ‐ 028 9/5/2023 BMR Program Administrator 2023/08 BMR Program Administrator FY23‐24 Jon De Ridder 18,357.0 0$ 2024‐00000151 265‐72‐711 600‐635 Materials Special Departmental Exp 10/6/2023 38107 City Data Services, LLC 2461 9/25/2023 CDS Monthly Maintenance 2023 Jul‐Sept NULL Jon De Ridder 1,275.0 0$ 2024‐00000215 265‐72‐711 700‐702 Contract Services General Service Agreement 10/6/2023 38111 Goldfarb & Lipman LLP 467225 9/28/2023 Housing Legal Review 2023/08 Housing Legal Review 2023/08 Jon De Ridder 12,093.5 0$ NULL 265‐72‐711 700‐702 Contract Services General Service Agreement 10/6/2023 38122 Rise Housing Solutions, Inc Cupertino ‐029 9/28/2023 BMR Program Administrator 2023/09 BMR Program Administrator FY23‐24 Jon De Ridder 14,777.5 0$ 2024‐00000151 265‐72‐711 600‐635 Materials Special Departmental Exp 10/13/2023 38187 US BANK SundariP091523 10/2/2023 9702 CC Charges Mercury News Monthly Subscription for Housing Division ‐ 08/2023 Sundari Pilaka 9.95 $ NULL 265‐72‐711 600‐647 Materials Memberships and Dues 11/3/2023 38315 Goldfarb & Lipman LLP 46794 4 10/23/2023 Housing Legal Review 2023/09 Housing Legal Review 2023/09 Jon De Ridder 39,173.0 0$ NULL 265‐72‐711 700‐702 Contract Services General Service Agreement 11/10/2023 38382 US BANK SundariP101623 10/25/2023 9702 CC Charges Mercury News Monthly Subscription for Housing Division ‐ 09/2023 Sundari Pilaka 9.95 $ NULL 265‐72‐711 600‐647 Materials Memberships and Dues 11/17/2023 38447 Rise Housing Solutions, Inc Cupertino ‐ 030 11/2/2023 BMR Program Administrator 2023/10 BMR Program Administrator FY23‐24 Jon De Ridder 75,600.0 0$ 2024‐00000151 265‐72‐711 600‐635 Materials Special Departmental Exp 12/1/2023 3851 4 Goldfarb & Lipman LLP 468648 11/22/2023 Housing Legal Review 2023/10 Housing Legal Review 2023/10 Jon De Ridder 35,050.0 0$ NULL 265‐72‐711 700‐702 Contract Services General Service Agreement 12/1/2023 733709 PROJECT SENTINEL 440‐502‐FY24‐Q1 11/22/2023 Below Market Rate Fund (BMR) ‐ Q1 Fair Housing & Tenant Landlord Counseling & Dispute Reso FY23‐24 Jon De Ridder 8,961.11$ 2024‐00000280 265‐72‐711 600‐623 Materials Grant Expenditures 12/8/2023 38579 Rise Housing Solutions, Inc Cupertino ‐ 031 12/4/2023 BMR Program Administrator 2023/11 BMR Program Administrator FY23‐24 Jon De Ridder 18,832.0 0$ 2024‐00000151 265‐72‐711 600‐635 Materials Special Departmental Exp 12/15/2023 38645 US BANK SundariP111523 12/6/2023 9702 CC Charges Mercury News Monthly Subscription for Housing Division ‐ 11/2023 Sundari Pilaka 9.95 $ NULL 265‐72‐711 600‐647 Materials Memberships and Dues 1/5/2024 38735 Goldfarb & Lipman LLP 463698 12/20/2023 Housing Legal Review 2023/4 (2) Housing Legal Review 2023/4 (2) Jon De Ridder 409.50 $ NULL 265‐72‐711 700‐702 Contract Services General Service Agreement 1/5/2024 38735 Goldfarb & Lipman LLP 46941 0 12/20/2023 Housing Legal Review 2023/11 Housing Legal Review 2023/11 Jon De Ridder 2,607.0 0$ NULL 265‐72‐711 700‐702 Contract Services General Service Agreement 1/5/2024 38735 Goldfarb & Lipman LLP 46949 4 12/20/2023 Housing Legal Review 2023/11 (2) Housing Legal Review 2023/11 (2) Jon De Ridder 787.50 $ NULL 265‐72‐711 700‐702 Contract Services General Service Agreement 1/12/2024 38799 Rise Housing Solutions, Inc Cupertino ‐ 032 1/8/202 4 BMR Program Administrator 2023/12 BMR Program Administrator FY23‐24 Jon De Ridder 15,635.0 0$ 2024‐00000151 265‐72‐711 600‐635 Materials Special Departmental Exp 1/12/2024 38810 US BANK SundariP121523 12/31/2023 9702 CC Charges Mercury News Monthly Subscription for Housing Division ‐ 11/2023 Sundari Pilaka 9.95 $ NULL 265‐72‐711 600‐647 Materials Memberships and Dues 1/19/2024 733921 California Housing Defense Fund Stipulated_Judgm 1/17/202 4 Stipulated Judgment re 23CV410817 Stipulated Judgment re 23CV410817 Araceli Alejandre 9,000.0 0$ NULL 265‐72‐711 700‐702 Contract Services General Service Agreement 1/19/2024 733946 Yes In My Back Yard Stipulated_Judgm 1/17/202 4 Stipulated Judgment re 23CV410817 Stipulated Judgment re 23CV410817 Araceli Alejandre 6,000.0 0$ NULL 265‐72‐711 700‐702 Contract Services General Service Agreement 1/26/2024 38884 Goldfarb & Lipman LLP 47003 0 1/11/2024 Housing Legal Review 2023/12 Housing Legal Review 2023/12 Jon De Ridder 306.00 $ NULL 265‐72‐711 700‐702 Contract Services General Service Agreement 1/26/2024 38884 Goldfarb & Lipman LLP 47009 4 1/11/2024 Housing Legal Review 2023/12 (3) Housing Legal Review 2023/12 (3) Jon De Ridder 2,282.0 0$ NULL 265‐72‐711 700‐702 Contract Services General Service Agreement 1/26/2024 38884 Goldfarb & Lipman LLP 470181 1/11/202 4 Housing Legal Review 2023/12 (2) Housing Legal Review 2023/12 (2) Jon De Ridder 94.50 $ NULL 265‐72‐711 700‐702 Contract Services General Service Agreement 2/9/2024 39002 Rise Housing Solutions, Inc Cupertino ‐ 033 1/31/202 4 BMR Program Administrator 2024/01 BMR Program Administrator FY23‐24 Jon De Ridder 13,971.5 0$ 2024‐00000151 265‐72‐711 600‐635 Materials Special Departmental Exp 2/16/2024 39066 US BANK SundariP01152 4 2/2/2024 9702 CC Charges Mercury News Monthly Subscription for Housing Division ‐ 12/2023 Sundari Pilaka 9.95 $ NULL 265‐72‐711 600‐647 Materials Memberships and Dues 2/23/2024 734114 PROJECT SENTINEL 440‐502‐FY24‐Q2 2/15/2024 Below Market Rate Fund (BMR) ‐ Q2 Fair Housing & Tenant Landlord Counseling & Dispute Reso FY23‐24 Jon De Ridder 7,934.95$ 2024‐00000280 265‐72‐711 600‐623 Materials Grant Expenditures Attachment A
City of Palo Alto
Annual Report on Development Impact Fees
for Period Ending June 30, 2021

Commercial Housing University Avenue Parking
FUND Impact Fee Fund In-Lieu Fund
Purpose and Authority
Fees imposed on commercial and
industrial Fees collected from non-residential
for Collection development to offset the demand that development within the University Ave. new jobs create for low and moderate- Parking Assessment District in lieu of income housing in the City providing the required number of parking spaces.

PAMC Ch.16.65 PAMC Ch 16.57
Amount of the Fee
Hotel / Retail / Other Non Residential:
$22.40 per sq. ft.

Office/R&D: $38.48 per sq. ft. $111,861.77 per space
Fund Balance July 1, 2020 $25,428,649 $6,384,494
Activity in 2020-21
Revenues
Fees Collected 606,996 - Interest Earnings 159,746 109,638
Unrealized Gain/(Loss) Investments (206,429) (69,521)
-------------------------------------------------------- ------- ---------------------------------------------------- Total Revenues 560,313 40,117
Expenditures
Salaries and Benefit (21,122)
Liability Insurance (621)
-------------------------------------------------------- ------- ---------------------------------------------------- Total Expenditures (21,743) - -------------------------------------------------------- ------- ---------------------------------------------------- Ending Balance June 30, 2021 $25,967,219 $6,424,611
Other Commitments/Appropriations
Reserve for Notes Receivable include:$1,290,000
for 2811 Alma, and $4,137,254 for 801 Alma,
$7,700,000 for Bueva Vista Mobile Home Park.
$10,502,309 Wilton Court (23,629,563)
Reserve for Reappropriations (1,167,061)
Reserve for unrealized gain on investments (108,891) (94,763) -------------------------------------------------------- ------- ---------------------------------------------------- Net Funds Available $1,061,704 $6,329,848
USE OF FEES: USE OF FEES:

Expenditures in Fiscal Year 2021 are
$21K for salaries and benefits. Reserve
for Reappropriaton is for Affordable
Housing Loan Agreement: 3705 El
Camino Real (Wilton Court).

No expenditures have been made from this
fund in Fiscal Year 2021.

FUTURE USE OF FEES:
$5.5M programmed in FY 2023 for New
Downtown Parking Garage Project (PE-
15007) as part of the 2022-2026 Capital
Improvement Plan (CIP).

Page 2 of 10 ends

Attachment A
City of Palo Alto
Annual Report on Development Impact Fees
for Period Ending June 30, 2021
Residential & Non-Residential Residential Housing
Community Facilities In-Lieu Fund
FUND Libraries
Purpose and Authority
for Collection
Fees imposed on new residential and non-
residentual development approved after
January 28, 2002 for Libraries.

Fees collected from ownership residential
developments of three or more units
(including mixed used with ownership in
housing) in-lieu of providing the required
below-market rate units(s) to low and
moderate income households.

PAMC Ch. 16.58 PAMC Chapter 16.65

Amount of the Fee Residential: Single family $1,187 per residence (or $1,766 per residence larger
than 3,000 sq ft); Multi-family $710 per
unit (or $390 per unit smaller than or
equal to 900 sq ft)
Single family $82.46 per sq. ft. Single family
detached; $54.97 per sq. ft. single family
attached. Multi Family $54.97 per sq. ft.
condos.

Nonresidential: Commercial/industrial
$299 per 1,000 sq ft or fraction thereof;
Hotel/Motel $126 per 1,000 sq ft or
fraction thereof.

Fund Balance July 1, 2020 $1,248,514 $24,981,378
Activity in 2020-21
Revenues
Fees Collected 29,138 4,939,497
Interest Earnings 18,746 147,730
Unrealized Gain/(Loss) Investments (15,095) (130,549) -------------------------------------------------------- ------- ---------------------------------------------------- Total Revenues $32,789 $4,956,678
Expenditures
Salaries and Benefits (21,122)
Contract Services (177,888)
Liability Insurance (621)
Operating Transfer to Capital Projects Fund (310,000)
-------------------------------------------------------- ------- ---------------------------------------------------- Total Expenditures (310,000) (199,631)
-------------------------------------------------------- ------- ---------------------------------------------------- Ending Balance June 30, 2021 $971,303 $29,738,425
Other Commitments/Appropriations
Reserve for Encumbrances (21,973)
Reserve for unrealized gain on investments (16,435) (113,952) Reserve for Notes Receivable include $375,000
for 3053 Emerson, $3,504,850 for Tree House
Apts, $747,734 for Sheridan Apts., $2,285,026 for
801 Alma, $901,201 for Palo Alto Housing
Project, $600,000 for 2811-2825 Alma St.,
$203,561 for Colorado Park Housing, $149,968
for El Dorado Palace, and $6,800,000 for Buena
Vista Mobile Home Park, $8,249,601 for Wilton Ct.
(23,816,941)
-------------------------------------------------------- ------- ---------------------------------------------------- Net Funds Available $954,868 $5,785,559

Page 4 of 10 ends

Budget transfer $310K in FY 2021 was
made to Capital Improvement Fund
Project for Library Auto Material Handling
(LB-21000).

FUTURE USE OF FEES:
$540K is programmed in FY 2022-2023
for LB-21000 as part of the 2022-2026
CIP. $300K has been recommended to
fund the City archives at the Roth Building
(CMR 12307).

Expenditures in Fiscal Year 2021 were $21K
for salaries and benefit, $178K for Palo Alto
Housing Corp for BMR admin fees and for
consultancy fees.

Page 5 of 10 ends

Fiscal Policy Inventory and Gap Analysis | 4

FOR INTERNAL USE OF CITY OF CUPERTINO ONLY

PRIORITIZED P&P WORK PLAN
Policy Area Type of Gap Associated
Risk
Recommended
Priority Level
Accounting and Financial Reporting Major Gaps High 1
Accounts Payable Full Gap High 1
Budgeting Major Gaps High 1
Capital Assets Major Gaps High 1
Cash Management Major Gaps High 1
Payroll and Timekeeping Full Gap High 1
Procurement Major Gaps High 1
Revenue and Accounts Receivable Full Gap High 1
Debt Management/Tax Bond Compliance Major Gaps Medium 2 Gifts and Donations Major Gaps Medium 2
Grant Management Full Gap Medium 2
Investment Management Minor Gaps Medium 2
Credit Cards Minor Gaps Low 3
Inventory Full Gap Low 3
Travel and Expense Reimbursement Minor Gaps Low 3

From: Rhoda Fry
To: City Clerk; City Council
Subject: City Council Oral Communications 4/3/2024 Required Financial Disclosures Late Date: Wednesday, April 3, 2024 3:23:03 PM
Attachments: Audited Financial Statements Late for COPs.pdf CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Dear City Council,
Please schedule a meeting of your Cupertino Public Facilities Corp.

The City’s Audited Financial Statements for the Fiscal Year ending June 30, 2023, as required by the City’s Certificates of Participation is late.

Please refer to the attached, which was obtained from EMMA, the Electronic Municipal Market Access website here:
https://emma.msrb.org/IssuerHomePage/Issuer?
id=B9B2B3D550D44B2F21A46FDEFDBD7683
The end-of-year was on 6/30/2023. Typically, the Annual Comprehensive Financial Report (ACFR) should be made available within 6 months of the end of the fiscal year, that means the end of December.

The ACFR is similar to a company’s Annual Report.

The ACFR is due to investors in our City’s debt, 9 months after year-end and the City is late.

Why?

Furthermore, when the City refinanced its debt in 2020 (at a higher interest rate than we had for reasons unknown), the Cupertino Public Facilities Corp had already lost its Federal tax- exempt status. What is being done to remedy the Tax Exempt Status of the Cupertino Public Facilities Corp? Our City Council members are on the Board of Directors of this Corporation.

Shouldn’t you know about this?

Please schedule a meeting of your Cupertino Public Facilities Corp so that our City Council and the public can have a full understanding of our City’s debt.

Thanks,
Rhoda Fry
Virus-free.www.avg.com

NOTICE TO MUNICIPAL SECURITIES RULEMAKING BOARD

FAILURE TO FILE FINANCIAL STATEMENTS

$22,040,000

CITY OF CUPERTINO
2020A Certificates of Participation

NOTICE IS HEREBY GIVEN that City o f Cuperti no (“City”) has not provided the Audited Financial Statements for the Fiscal Year ending June 30, 2023, as required by the applicable Continuing Disclosure Agreement/Certificate for the above -captioned Bonds. The City anticipates the Audited Financial Statements will be complete and available for posting no later than April 30, 2024.

Dated: March 30, 2024 Urban Futures, Inc., as Dissemination Agent on behalf of City

From: Tessa Parish
To: City Clerk; City Council; Cupertino City Manager"s Office Subject: Oral communcation
Date: Wednesday, April 3, 2024 5:12:19 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
for meeting April 3rd.

I am writing to you because I am very concerned about our finance system, staff? and audit efficiency. As I read the endless reports by wonderful residents like Rhoda and Peggy Griffen that take hours and hours of their time to review our finances, it concerns me and I am beginning to question if the city does not need an overhaul of our system or staff and increase hours of committee?

1. First, shouldn't have the finance person know how taxes work? Had the staff made a call to the state for verification?

2. The mishandling of the BMR funds?

3. The financial statements for the Fiscal Year ending in June 30, 2023 that is required for the City's Certificate of Participation are late? These and so many other discrepancies that I have read about for oral communication in the last year, is staggering.

My question is, is the head of that Div a CPA? is he/she properly trained for the position? how about his/her subordinates? are they trained? who is making these mistakes? I urge you to review this matter. If the staff is not adequately trained, please consider training his/her ahead of any corrections or consequences. In any other business, if someone makes those mistakes they would be reprimanded or fired.

Those are big mistakes and should be seriously considered and acted upon.

Otherwise, Council and overseeing staff could be held responsible as well if these mistakes continue unchecked.

Well, that is my opinion. I hope the staff responsible understand this is not an attack against them but more of concern and wanting them to be helped toward a better outcome.

Best Regards,
Tessa Parish
Cupertino Resident
From: Lisa Warren
To: City Council
Cc: City Clerk
Subject: Oral Communications - City Council meeting April 3, 2024 - Lobbyist memos/reports Date: Wednesday, April 3, 2024 4:24:38 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Mayor and City Council members,
I believe that the decision made by a previous council to contract with a (in Sacramento) lobbying firm was a very good one.

I am more than disappointed that any/all communications from (and between) Joe Gonsalves and Sons and the city of Cupertino are now limited to the shadows of limited Staff members, and not in the public light.

I am someone who use to attend in person meetings with the first lobbying firm that was contracted with.

I also attended LRC meetings when they were on zoom. They were informative and very useful... and publicly open !
Until ....
for what I consider no good reason :

Effective January 25, 2023, the Legislative Review Committee (LRC) was dissolved per City Council action.

I am wanting to know if the reports from the city's lobbyists are available to the public, and how/where they can be found.

I have attempted to find Joe Gonsalves and Sons guidance, via reports to Staff, on the city's website but have not been successful.

Do they exist ?
Is this council given information submitted, or spoken about, by Joe Gonsalves and Sons in any form at all that is not available to the public ? Tax payer dollars and paying for this resource and it should be readily available to the public.

I hope to get answers to my questions within a week's time.

Thank you.

Lisa Warren

Joe A. Gonsalves & Son is a prominent lobbying firm with a rich history. Founded in 1975 by Joe A. Gonsalves, it has over 50 years of legislative experience representing clients before the California State Legislature and California State Departments. Their commitment lies in advocating for their clients’ interests while maintaining a high standard of professionalism, honesty, and ethics.

CC 04-03-2024
Study Session
Item #1
Two-Year FY 2023-2025
City Work Program
Written
Communications
From: Kitty Moore
To: City Clerk; Kirsten Squarcia
Cc: Pamela Wu; Christopher Jensen; Greg Card, CPPO
Subject: Amended Re: Written Communications Item 1 CC April 3, 2024 Date: Wednesday, April 3, 2024 2:05:40 PM
Attachments: C - Description of Carryovers and Adjustments through December 31 2023 (1).pdf H – FY 2023-24 Mid-Year Special Projects Update.pdf
Dear City Clerk,

My earlier email of written communications on this item may be removed and replaced with the following which is the same content with additional questions added, if that is possible, to save on file size.

Please include the attachments with this email for written communications item 1 of the Special Meeting today.

I would like to have a greater understanding of the Work Program items definition and what makes an item a ‘work program.’ Some of the Special Projects appear to be Work Program type of items.

Does Council need to approve Special Projects that are not normal maintenance and operations? is there a dollar amount which would require approval, for instance, if staff wanted to work on a software application that would cost $100,000 to make, would that be a Work Program, and would that need to go to Council?

I noticed there is an economic development type of PR contract here:
https://records.cupertino.org/WebLink/DocView.aspx?
id=1055423&dbid=0&repo=CityofCupertino&searchid=916006c9-4a2f-4dfd-8d7f- 6b05efb518d4&cr=1
This contract is for approximately $174k and I wonder, since it exceeds the budgeted contract services amount in the Economic Development budget, unit 100-12-705, is this potentially a Work Program item? The included attached file from February 21, 2024 CC meeting agenda item 9:
“Attachment C” shows only $20,000 allocated to economic development strategy.

Additionally, $400,000 appears to have be granted with a contractor and the “Enterprise Foundation” to small businesses in the following contract, is this a Work Program Item, from which year: https://records.cupertino.org/WebLink/DocView.aspx? id=1020448&dbid=0&repo=CityofCupertino&searchid=24032241-d89f-4c9c-8f04-373ba55ac062 This appears to be a $400,000 community grant program to small businesses which is coordinated with the “Enterprise Foundation,” would you please provide responses to the following transparency questions:

1. When was this Work Program initiated?

2. How much has been granted to date and to which businesses?

3. What are the qualifications of small businesses for being granted funds?

4. Are there any regulations regarding the granting of city funds to for profit businesses?

5. Are these General Funds from the City?

6. Who is the Enterprise Foundation, what is their role in the grant process?

7. Where is the Work Program update for this project so that we can know how it is doing?

I think we need to have a clearer picture of what are city Work Programs, and where the direction regarding spending city funds ultimately arises from to ensure that public funds are being spent appropriately with transparency.

Thank you,

Kitty Moore
Image removed by sender.

Kitty Moore
Councilmember
City Council
[email protected]
(408) 777-1389
Image removed by sender.

Image removed by sender.

Detailed Budget Carryovers, Council-approved Adjustments, and Encumbrance Carryovers as of December 31, 2023
Attachment C
Budget Adjustment Type Fund Description Amount

BUDGET CARRYOVERS
Budget Carryover 100 General Fund $14,000 for media training $5,400 for City logo revamp 19,400 Budget Carryover 100 General Fund $80,000 for community survey 80,000 Budget Carryover 100 General Fund 4H Fence replacement 30,000 Budget Carryover 100 General Fund 4H roof/gutter, Milk Barn repainting 36,347 Budget Carryover 100 General Fund AC2 Traffic Monitoring 77,340 Budget Carryover 100 General Fund Adaptive Traffic Signaling - Projects in progress 5,970 Budget Carryover 100 General Fund ad-hoc Council meeting expenses 11,425 Budget Carryover 100 General Fund AV Social Room,Sports Center,Cupertino Room 33,571 Budget Carryover 100 General Fund Backflow Prevention Device Repl - on backorder 4,000 Budget Carryover 100 General Fund Backwater valve replacement - project in progress 13,596 Budget Carryover 100 General Fund Bench replacements 29,442 Budget Carryover 100 General Fund Bridge tread repair McClellan 70,000 Budget Carryover 100 General Fund CAP Vision Summary Doc 10,000 Budget Carryover 100 General Fund CAPIO conference (2 people) 2,400 Budget Carryover 100 General Fund City Facility reconfiguration/remodels/return to work 127,404 Budget Carryover 100 General Fund City Work Plan for Homeless Jobs Program - ongoing 40,040 Budget Carryover 100 General Fund Commission meeting meals per council policy 1,750 Budget Carryover 100 General Fund Conf room carpet replacement - project in progress 25,000 Budget Carryover 100 General Fund Council phone service 3,000 Budget Carryover 100 General Fund Crowe successor auditor prep and reproduction 700 Budget Carryover 100 General Fund CSTI and Bay Area UASI 24,600 Budget Carryover 100 General Fund CWP Electrification Study 50,000 Budget Carryover 100 General Fund CWP Revisit 5G 250,000 Budget Carryover 100 General Fund Deferred education due to Covid school closures 60,700 Budget Carryover 100 General Fund Deferred training due to Covid 9,913 Budget Carryover 100 General Fund Don Burnett Bridge inspection/median repairs 161,553 Budget Carryover 100 General Fund Dry rot maint retreat center - project in progress 25,000 Budget Carryover 100 General Fund Economic Development Strategy 20,000 Budget Carryover 100 General Fund Electric Cooking 6,400 Budget Carryover 100 General Fund Emergency preparedness outreach materials 2,500 Budget Carryover 100 General Fund Employee Commute Program 2,586 Budget Carryover 100 General Fund Energy Mgmt System Upgrades - project in progress 105,675 Budget Carryover 100 General Fund EOC System Electrical Upgrades - project in progress 25,000 Budget Carryover 100 General Fund ERP evaluation training and webinar workshops 16,896 Budget Carryover 100 General Fund ERP Implementation. Adjunct Staffing 720,673 Budget Carryover 100 General Fund Fee Study special project ongoing 70,800 Budget Carryover 100 General Fund Fence replacementMR in parking lot and path repairs 13,483 Budget Carryover 100 General Fund General Plan special project - ongoing 239,805 Budget Carryover 100 General Fund General supply purchases - supply chain delay 11,641 Budget Carryover 100 General Fund Glass replacement - project in progress 20,183 Detailed Budget Carryovers, Council-approved Adjustments, and Encumbrance Carryovers as of December 31, 2023
Attachment C
Budget Adjustment Type Fund Description Amount
Budget Carryover 100 General Fund Grassroots Ecology contract 23,240 Budget Carryover 100 General Fund Greenhouse Gas emission, Climate Corps fellow 27,000 Budget Carryover 100 General Fund Homeland Security Conf,CESA, Naval Postgrad School APEX 3,240 Budget Carryover 100 General Fund Housing Element Update - ongoing 108,189 Budget Carryover 100 General Fund I-280 Wolfe Improvement - project in progress 800,199 Budget Carryover 100 General Fund Irrigation Controller Settlement 103,785 Budget Carryover 100 General Fund Library HVAC ventilation maint & repair 42,800 Budget Carryover 100 General Fund Marina application under review - ongoing 23,317 Budget Carryover 100 General Fund M-Group contract 50,000 Budget Carryover 100 General Fund Moss Adams Enterprise Leadership Study 10,175 Budget Carryover 100 General Fund MRC Rise 6,323
Budget Carryover 100 General Fund Muni Code update - ongoing 25,000 Budget Carryover 100 General Fund new PT Business Systems Analyst position 45,162 Budget Carryover 100 General Fund New staff ergo evals and office equipment 3,028 Budget Carryover 100 General Fund New staff memberships and dues 3,830 Budget Carryover 100 General Fund New staff,deferred training due to pandemic 3,411 Budget Carryover 100 General Fund New staff; defered training due to pandemic 9,171 Budget Carryover 100 General Fund New staff; deferred training due to pandemic 15,116 Budget Carryover 100 General Fund Performance Management App HR portal of ERP 32,000 Budget Carryover 100 General Fund Playground chip - purchase/work in progress 17,824 Budget Carryover 100 General Fund Portal Park concrete replacement 25,000 Budget Carryover 100 General Fund PR Strategy contract being finalized in FY24. 15,000 Budget Carryover 100 General Fund PR Strategy special project 160,000 Budget Carryover 100 General Fund purchase reusable banners for SCB 7,975 Budget Carryover 100 General Fund PW Scanning - Project in progress 28,226 Budget Carryover 100 General Fund Redesign of City Website. Adjunct Staffing 104,396 Budget Carryover 100 General Fund Regional Emergency Operations 500,000 Budget Carryover 100 General Fund Residential Mixed Used - ongoing 48,999 Budget Carryover 100 General Fund SC Corridor Vision Study - Work Plan Item 154,079 Budget Carryover 100 General Fund Senior Strategy CWP item is ongoing 41,378 Budget Carryover 100 General Fund Service Center Security project in progress 5,388 Budget Carryover 100 General Fund Shade structure replacement 65,630 Budget Carryover 100 General Fund Small to Medium Business Resiliency 500,000 Budget Carryover 100 General Fund Solar Battery Chargers for potential generator replacements 8,400 Budget Carryover 100 General Fund Special project - CWP Bicycle facilities 50,000 Budget Carryover 100 General Fund Special Projects LOS to VMT Standards 130,000 Budget Carryover 100 General Fund Special ProjectsMunicipal Water System 22,677 Budget Carryover 100 General Fund Staff augmentation delayed recruitement-Torres Engineering 82,806 Budget Carryover 100 General Fund Stay Active Fund used for Senior members 40,888 Budget Carryover 100 General Fund Sustainable Infrastructure Audit 10,000 Budget Carryover 100 General Fund The Hamptons developer agreement expires 2025 108,640 Detailed Budget Carryovers, Council-approved Adjustments, and Encumbrance Carryovers as of December 31, 2023
Attachment C
Budget Adjustment Type Fund Description Amount
Budget Carryover 100 General Fund Tree and concrete work in progress 6,657 Budget Carryover 100 General Fund Trees and Badges - projects in progress 1,263 Budget Carryover 100 General Fund Trench work - special project in progress 40,000 Budget Carryover 100 General Fund Turf supplies not received until FY24 35,512 Budget Carryover 100 General Fund Vallco Town Center - ongoing 188,680 Budget Carryover 100 General Fund Vallco Town Center building inspections - ongoing 5,406,634 Budget Carryover 100 General Fund Vallco Town Center plan review - ongoing 13,500,000 Budget Carryover 100 General Fund VIA Community Shuttle Pilot Program Work Plan Item 10,574 Budget Carryover 100 General Fund VTA CMP Member Agency Fees; invoice pending 73,374 Budget Carryover 100 General Fund VTC-Project in progress 766,777 Budget Carryover 100 General Fund Zoom Room Improvements 40,316 TOTAL GENERAL FUND 25,990,872
Budget Carryover 210 Storm Drain Improvement Pumpkin/Fiesta Storm Drain Ph 1 & 2 249,346 Budget Carryover 230 Env Mgmt Cln Crk Strm Drain New staff; defered training due to pandemic 3,077 Budget Carryover 230 Env Mgmt Cln Crk Strm Drain Outfall repairs-unpurchased compost,recology payment 133,791 Budget Carryover 230 Env Mgmt Cln Crk Strm Drain Outstanding payment for school busing,APN fee audit 39,328 Budget Carryover 265 BMR Housing City Work plan for low income 234,722 Budget Carryover 265 BMR Housing City Work Plan for Support for Unhoused - ongoing 50,000 Budget Carryover 270 Transportation Fund 1 additional gateway sign 25,859 Budget Carryover 270 Transportation Fund Annual asphalt project-work in progress 3,542,503 Budget Carryover 270 Transportation Fund Annual SW Curb & Gutter project in progress 257,294 Budget Carryover 270 Transportation Fund Bridge Rehab Minor 492,082 Budget Carryover 270 Transportation Fund Homestead/De Anza Signal Upgrade 98,132 Budget Carryover 270 Transportation Fund Orange & Byrne Sidewalk Improvements 399,990 Budget Carryover 270 Transportation Fund Ph 1 & Ph 2 Pavement digouts, crack seal & fog seal 561,043 Budget Carryover 270 Transportation Fund SBI Funds-work scheduled - project in progress 818,959 Budget Carryover 270 Transportation Fund Sidewalk inspections in progress 62,774 Budget Carryover 270 Transportation Fund Sign survey - project in progress 73,491 Budget Carryover 280 Park Dedication Granite Rock PO 2022-540 (74,751) Budget Carryover 280 Park Dedication Lawrence-Mitty Park 5,940,908 Budget Carryover 280 Park Dedication Memorial Park Pond Repurposing 1,140,478 Budget Carryover 280 Park Dedication MRP Community Garden Improvements 32,900 TOTAL SPECIAL REVENUE FUNDS 14,081,926
Budget Carryover 420 Capital Improvement Fund ADA Improvements, multi-year 120,166 Budget Carryover 420 Capital Improvement Fund BBF Pool Improvements 710,704 Budget Carryover 420 Capital Improvement Fund Bike Plan Implementation 8,649,892 Budget Carryover 420 Capital Improvement Fund California Commercial Fence PO 2021-514 (72,335) Budget Carryover 420 Capital Improvement Fund Carmen Road Bridge Right-of-Way 72,700 Budget Carryover 420 Capital Improvement Fund City Hall & Community Hall Improvements 454,037 Detailed Budget Carryovers, Council-approved Adjustments, and Encumbrance Carryovers as of December 31, 2023
Attachment C
Budget Adjustment Type Fund Description Amount
Budget Carryover 420 Capital Improvement Fund City Hall Annex (formerly10455 Torre Ave) Improv 1,901,522 Budget Carryover 420 Capital Improvement Fund City Lighting LED Transition Assessment 1,334,310 Budget Carryover 420 Capital Improvement Fund Citywide Community Garden - project scheduled 34,795 Budget Carryover 420 Capital Improvement Fund CW Bldg Condition Assess Impl 510,787 Budget Carryover 420 Capital Improvement Fund De Anza Blvd Buffered Bike Lanes 524,947 Budget Carryover 420 Capital Improvement Fund EV Parking Expansion - project in progress 208,000 Budget Carryover 420 Capital Improvement Fund Full-size Outdoor Basketball Court 29,493 Budget Carryover 420 Capital Improvement Fund G. Bortolotto PO 2023-204 (2,728) Budget Carryover 420 Capital Improvement Fund Guerra 3, 2022-11 Wilson Park Basketball Ct (97,225) Budget Carryover 420 Capital Improvement Fund Guerra Construction Group PO 2023-367 (18,086) Budget Carryover 420 Capital Improvement Fund Inclusive Play Area Planning 4,315,954 Budget Carryover 420 Capital Improvement Fund Library Expansion - project in progress 396,144 Budget Carryover 420 Capital Improvement Fund Mary Ave Protected Bikeway 49,000 Budget Carryover 420 Capital Improvement Fund McClellan Ranch Parking Lot Impro enviro monitoring 59,037 Budget Carryover 420 Capital Improvement Fund Memorial Park Specific Plan - project in progress 134,274 Budget Carryover 420 Capital Improvement Fund MR Community Garden Improv 1,099 Budget Carryover 420 Capital Improvement Fund Playground Equipment (Creekside & Varian) 602,810 Budget Carryover 420 Capital Improvement Fund Pub Bldg Solar Service Center 18,571 Budget Carryover 420 Capital Improvement Fund Regnart Road Improvements 736,500 Budget Carryover 420 Capital Improvement Fund SCB/Bandley Signal & Median Imps (PM-Stillman) 142,208 Budget Carryover 420 Capital Improvement Fund School Walk Audit Implementation 939,405 Budget Carryover 420 Capital Improvement Fund SLTG/280 Ped Bridge Lighting - (dev in lieu) 46,449 Budget Carryover 420 Capital Improvement Fund St Light Install - Annual Infill - multi-year 74,838 Budget Carryover 420 Capital Improvement Fund St Light Replacement CW (labor) (PM-Alexander) 99,330 Budget Carryover 420 Capital Improvement Fund Stelling/Alves Crosswalk Install 54,039 Budget Carryover 420 Capital Improvement Fund Stevens Crk Bank Repair Concept 30,216 Budget Carryover 420 Capital Improvement Fund Tree Inventory Stevens Creek Corridor 10,840 Budget Carryover 420 Capital Improvement Fund TYMAN Construction PO 2023-374 (9,537) Budget Carryover 420 Capital Improvement Fund Various Park Amenities - project in progress 471,221 TOTAL CAPITAL PROJECT FUNDS 22,533,377
Budget Carryover 520 Resource Recovery Calrecyle billing cycle delay 15,216 Budget Carryover 520 Resource Recovery New Landfill Agreement/Solid Waste 223,859 Budget Carryover 520 Resource Recovery SB1383 Procurement Requirements 44,640 Budget Carryover 520 Resource Recovery Single use Plastics Special project 3,986 Budget Carryover 560 Blackberry Farm BBF Golf Course recent fence repair 5,000 Budget Carryover 560 Blackberry Farm BBF Golf Renovation/Alt Use 270 Budget Carryover 570 Sports Center Door refinishing - project in progress 10,775 Budget Carryover 570 Sports Center HVAC Maint & Repair Special Projects in progress 23,705 Budget Carryover 570 Sports Center replacement windscreens for the Tennis Courts 72,853 Budget Carryover 570 Sports Center Sport Center Community Needs Analysis 25,000 Detailed Budget Carryovers, Council-approved Adjustments, and Encumbrance Carryovers as of December 31, 2023
Attachment C
Budget Adjustment Type Fund Description Amount
Budget Carryover 570 Sports Center Unforeseen purchase of umbrellas for Sports Center 1,700 Budget Carryover 580 Recreation Program Quinlan Sustainable Infrastructure 181,329 TOTAL ENTERPRISE FUNDS 608,333
Budget Carryover 610 Innovation & Technology ActiveNet Additional Readers 6,666 Budget Carryover 610 Innovation & Technology Business Automation platform additional support 30,000 Budget Carryover 610 Innovation & Technology CH Ent Server & Storage Tech Ref 140,000 Budget Carryover 610 Innovation & Technology City Hall Enterprise Server & Storage Tech refresh 275,639 Budget Carryover 610 Innovation & Technology CWP Cybersecurity Public Education 7,500 Budget Carryover 610 Innovation & Technology CWP License Plate Readers 60,000 Budget Carryover 610 Innovation & Technology LaserFiche Scanning 21,550 Budget Carryover 610 Innovation & Technology PT GIS Tech reclassification and transfer of Web Specialist 24,848 Budget Carryover 610 Innovation & Technology Security Framework and Audit 60,000 Budget Carryover 610 Innovation & Technology Senior Center Access Controls 16,000 Budget Carryover 610 Innovation & Technology Special Project Additional Telematic Devices 5,300 Budget Carryover 610 Innovation & Technology Special Project Facility Battery 40,037 Budget Carryover 610 Innovation & Technology upgrade to SaaS solution 30,000 Budget Carryover 630 Vehicle/Equip Replacement Equipment/vehicle purchase 46,970 Budget Carryover 630 Vehicle/Equip Replacement Sign shop roof repair - project in progress 56,182 TOTAL INTERNAL SERVICE FUNDS 820,692
TOTAL BUDGET CARRYOVERS 64,035,200
Detailed Budget Carryovers, Council-approved Adjustments, and Encumbrance Carryovers as of December 31, 2023
Attachment C
Budget Adjustment Type Fund Description Amount

COUNCIL ACTIONS
Council Action 100 General Fund SVCE Community Resilience Grant for EV Chargers 233,963 TOTAL GENERAL FUND 233,963
Council Action 260 CDBG CDBG fund transfer to BCA CIP Project Snr Cntr Fire Alarm 367,951 Council Action 270 Transportation Fund CC approved budget transfer for McClellan Rd. Bike Corridor Ph 3 948,552 TOTAL SPECIAL REVENUE FUNDS 1,316,503
Council Action 420 Capital Improvement Fund CDBG fund transfer to BCA CIP Project Snr Cntr Fire Alarm 367,951 Council Action 420 Capital Improvement Fund Council-approved BA-SCB Calabazas Emergency Storm Drain Repair 460,000 Council Action 420 Capital Improvement Fund CC-approved budget adjustment for Cristo Rey Bike Lanes Project 30,000 Council Action 420 Capital Improvement Fund CC-approved budget adjustment for Regnart Rd Improv Project 876,766 Council Action 429 Capital Reserve Council-approved BA-SCB Calabazas Emergency Storm Drain Repair 460,000 Council Action 429 Capital Reserve CC-approved budget adjustment for Cristo Rey Bike Lanes Project 15,000 Council Action 429 Capital Reserve CC-approved budget adjustment for Regnart Rd Improv Project 876,766 TOTAL CAPITAL PROJECT FUNDS 3,086,483
TOTAL COUNCIL ACTIONS 4,636,949
Detailed Budget Carryovers, Council-approved Adjustments, and Encumbrance Carryovers as of December 31, 2023
Attachment C
Budget Adjustment Type Fund Description Amount

FIRST QUARTER ADJUSTMENTS
First Quarter Adjustment 100 General Fund 4H Rack Room Building Damage 2,500 First Quarter Adjustment 100 General Fund CA Volunteer N2N Grant 64,405 First Quarter Adjustment 100 General Fund Ceramic Room A/C Unit Repair 3,631 First Quarter Adjustment 100 General Fund Compressor Repair 14,636 First Quarter Adjustment 100 General Fund Emergency Management Performance Grant 8,000 First Quarter Adjustment 100 General Fund Fire Sprinkler Repair 2,401 First Quarter Adjustment 100 General Fund IMPEC Additional Janitorial Services 29,118 First Quarter Adjustment 100 General Fund Transfer fr I&T Fund for Senior Center Access Controls 16,000 First Quarter Adjustment 100 General Fund Transfer from F520 for ClimateNav Hub funds 20,000 First Quarter Adjustment 100 General Fund Transfer from I&T Fund for License Plate Readers 60,000 First Quarter Adjustment 100 General Fund Unforeseen Breaker Repair 7,882 First Quarter Adjustment 100 General Fund Unforeseen Generator Repair 14,574 First Quarter Adjustment 100 General Fund Unforeseen HVAC Repair 10,858 First Quarter Adjustment 100 General Fund Unforeseen Panel Replacement 8,831 TOTAL GENERAL FUND 262,836
First Quarter Adjustment 230 Env Mgmt Cln Crk Strm Drain Defund Permeable Pavement Rebate (12,500) First Quarter Adjustment 270 Transportation Fund Transfer from CIP for Street Sign damage at Wilson Park 467 TOTAL SPECIAL REVENUE FUNDS (12,033)
First Quarter Adjustment 420 Capital Improvement Fund Transfer from CIP for Street Sign damage at Wilson Park 467 TOTAL CAPITAL PROJECT FUNDS 467
First Quarter Adjustment 560 Blackberry Farm Tree Maintenance 55,000 First Quarter Adjustment 560 Blackberry Farm Utilities Adjustment 77,000 TOTAL ENTERPRISE FUNDS 132,000
First Quarter Adjustment 610 Innovation & Technology Transfer fr Gen Fund for Municipal Code Publishing 7,684 First Quarter Adjustment 610 Innovation & Technology Transfer from Gen Fund for LaserFiche Conference 2,500 First Quarter Adjustment 610 Innovation & Technology Transfer from Gen Fund for LaserFiche Consultation 15,900 First Quarter Adjustment 610 Innovation & Technology Transfer from Gen Fund for LaserFiche Subscription 45,000 First Quarter Adjustment 610 Innovation & Technology Transfer from Gen Fund for NexSan WORM Device 10,600 First Quarter Adjustment 610 Innovation & Technology Transfer from General Fund for Salaries Part Time 56,000 First Quarter Adjustment 630 Vehicle/Equip Replacement Install Wood Chipper Safety Shields 19,187 TOTAL INTERNAL SERVICE FUNDS 156,871
TOTAL FIRST QUARTER ADJUSTMENTS 540,141
Detailed Budget Carryovers, Council-approved Adjustments, and Encumbrance Carryovers as of December 31, 2023
Attachment C
Budget Adjustment Type Fund Description Amount

ENCUMBRANCE CARRYOVERS
Encumbrance Carryover 100 General Fund Year End Soft Close 9,723,884 TOTAL GENERAL FUND 9,723,884
Encumbrance Carryover 210 Storm Drain Improvement Year End Soft Close 1,566,693 Encumbrance Carryover 230 Env Mgmt Cln Crk Strm Drain Year End Soft Close 296,053 Encumbrance Carryover 260 CDBG Year End Soft Close 6,637 Encumbrance Carryover 265 BMR Housing Year End Soft Close 3,666 Encumbrance Carryover 270 Transportation Fund Year End Soft Close 1,998,991 Encumbrance Carryover 280 Park Dedication Year End Soft Close 229,394 TOTAL SPECIAL REVENUE FUNDS 4,101,434
Encumbrance Carryover 420 Capital Improvement Fund Year End Soft Close 1,994,887 Encumbrance Carryover 427 Stevens Creek Corridor Park Year End Soft Close 7,848 TOTAL CAPITAL PROJECT FUNDS 2,002,735
Encumbrance Carryover 520 Resource Recovery Year End Soft Close 284,540 Encumbrance Carryover 560 Blackberry Farm Year End Soft Close 5,858 Encumbrance Carryover 570 Sports Center Year End Soft Close 7,925 TOTAL ENTERPRISE FUNDS 298,323
Encumbrance Carryover 610 Innovation & Technology Year End Soft Close 239,797 Encumbrance Carryover 630 Vehicle/Equip Replacement Year End Soft Close 761,591 TOTAL INTERNAL SERVICE FUNDS 1,001,388
TOTAL ENCUMBRANCE CARRYOVERS 17,127,764
BUDGET CARRYOVER, COUNCIL APPROVED ADJUSTMENT, AND ENCUMBRANCE CARRYOVER TOTAL 86,340,054 FY 2023-24 ADOPTED BUDGET 121,765,857
FY 2023-24 AMENDED BUDGET AS DECEMBER 31, 2023 208,105,911$ FY 2023-24 Mid-Year Special Projects
FY Added Function Program Base And Detail Account With Detail Description
Full Org Set Code
And Description
Amended
Budget
Actual
Amount
Status Estimated
Complete
Notes (e.g., carried over to next
fiscal year)
FY24 Administration 120   City Manager 750.239 ‐ PR & Strategic Comm Strategy 100 ‐12‐120 ‐ General Fund‐City
Manager‐City
Manager
175,000             11,700 In Progress 8/30/2025
FY19 Administration 122   Sustainability Division 750.018 ‐ Climate Action Plan 100 ‐12‐122 ‐ General Fund‐City
Manager‐
Sustainability
Division
‐                       ‐ Transferred Transferred to Public Works 100‐81‐ 122 750.018 in FY24
FY19 Administration 122   Sustainability Division 750.019 ‐ Employee Commute Program 100 ‐12‐122 ‐ General Fund‐City
Manager‐
Sustainability
Division
‐                       ‐ Transferred Transferred to Public Works 100‐81‐ 122 750.019 in FY24
FY21 Administration 122   Sustainability Division 750.069 ‐ Sustainable Infrastructure Audit 100 ‐12‐122 ‐ General Fund‐City
Manager‐
Sustainability
Division
‐                       ‐ Transferred n/a Transferred to Public Works 100‐81‐ 122 750.069 in FY24
FY20 Administration 632   Comm Outreach & Neigh Watch 750.056 ‐ Neighborhood Engagement 100 ‐12‐632 ‐ General Fund‐City
Manager‐Comm
Outreach & Neigh
Watch
64,405                       ‐ In Progress 10/2024
FY24 Administration 632   Comm Outreach & Neigh Watch 750.227 ‐ CWP License Plate Readers 100 ‐12‐632 ‐ General Fund‐City
Manager‐Comm
Outreach & Neigh
Watch
10,000                       ‐ In Progress 10/2024 The $10,000 is allocated for Block Leader enhancements. Staff will
correct this to CWP ‐ Public Safety in
residential/commercial areas for
transparency and visibility.

FY24 Administration 633 Disaster Preparedness 750.230 ‐ Business Continuity Resilience 100 ‐12‐633 ‐ General Fund‐City
Manager‐Disaster
Preparedness
500,000 ‐ Not Started The $500k for disaster preparedness is on hold until a permanent EOC is
identified.

FY23 Administration 633   Disaster Preparedness 750.240 ‐ MRC Rise 100 ‐12‐633 ‐ General Fund‐City
Manager‐Disaster
Preparedness
6,323                       ‐ In Progress 3/2024 Special Project from transfer from materials
FY22 Administration 705   Economic Development 750.103 ‐ CWP Regulate Diversified Retail 100 ‐12‐705 ‐ General Fund‐City
Manager‐
Economic
Development
5,000                       ‐ Pending Recommended Service Level Reduction (Potential Cancellation of
this item)
FY 2023-24 Mid-Year Special Projects
FY Added Function Program Base And Detail Account With Detail Description
Full Org Set Code
And Description
Amended
Budget
Actual
Amount
Status Estimated
Complete
Notes (e.g., carried over to next
fiscal year)
FY23 Administration 705   Economic Development 750.179 ‐ Econ Dev Strategy Outreach 100 ‐12‐705 ‐ General Fund‐City
Manager‐
Economic
Development
20,000                       ‐ Pending Recommended Service Level Reduction (Potential Cancellation of
this item)
FY23 Administration 705   Economic Development 750.221 ‐ CWP Cupertino Store Implementation
100‐12‐705 ‐
General Fund‐City
Manager‐
Economic
Development
‐                     62 Completed Unanticipated close out expense FY24 Administration 705   Economic Development 750.230 ‐ Business Continuity Resilience 100 ‐12‐705 ‐ General Fund‐City
Manager‐
Economic
Development
485,000                       ‐ In Progress 7/2024
FY22 Administration 122   Sustainability Division 750.106 ‐ Electric Cooking Workshop Series
100‐12‐122 ‐
General Fund‐City
Manager‐
Sustainability
Division
‐                       ‐ Transferred 6/30/2024 Transferred to Public Works 100‐81‐ 122 750.106 in FY24
FY24 Administration 122   Sustainability Division 750.176 ‐ Climate AP Vision Summary Doc 100 ‐12‐122 ‐ General Fund‐City
Manager‐
Sustainability
Division
‐                       ‐ Transferred 6/30/2025 Transferred to Public Works 100‐18‐ 122 750.176 in FY24
FY24 Administration 122   Sustainability Division 750.223 ‐ CWP Electrification Study 100 ‐12‐122 ‐ General Fund‐City
Manager‐
Sustainability
Division
‐                       ‐ Transferred 6/30/2024 Transferred to Public Works 100‐81‐ 122 750.223 in FY24
FY23 Administrative
services
405  Accounting 750.189 ‐ Fee Study 100 ‐41‐405 ‐
General Fund‐
Finance‐
Accounting
70,800             41,800 In Progress 2/2024
FY23 Administrative
services
426  Budgeting 750.217 ‐ CWP Analyze Potential Rev
Measrs
100‐41‐426 ‐
General Fund‐
Finance‐
Budgeting
42,450                       ‐ In Progress 2/2024
FY23 Community
development
700  Community Development Admin 750.104 ‐ CWP Homeless Jobs Program 100 ‐70‐700 ‐ General Fund‐
Planning &
Community
Development‐
Community
Development
Admin
176,935             46,604 In Progress 6/30/2024 For FY 2023‐24, the Homeless Jobs Program did not receive funding in
the CWP, but was allowed to
continue operating with leftover
funds from prior years. It is on the
list to be reconsidered for the FY
2024‐25 CWP, and was
recommended to be continued by
the Housing Commission in their
CWP recommendations.

FY 2023-24 Mid-Year Special Projects
FY Added Function Program Base And Detail Account With Detail Description
Full Org Set Code
And Description
Amended
Budget
Actual
Amount
Status Estimated
Complete
Notes (e.g., carried over to next
fiscal year)
FY17 Community
development
701 Current Planning 750.007 ‐ The Hamptons 100 ‐71‐701 ‐ General Fund‐
Planning‐Current
Planning
108,640 ‐ Not Started Waiting for building submittal.

Project approval expires in 2026
FY21 Community
development
701 Current Planning 750.009 ‐ Marina Plaza 100 ‐71‐701 ‐ General Fund‐
Planning‐Current
Planning
23,317 ‐ In Progress ongoing Waiting for building permit.

FY22 Community
development
701 Current Planning 750.029 ‐ Vallco SB35/Rise 100 ‐71‐701 ‐ General Fund‐
Planning‐Current
Planning
188,680 ‐ In Progress ongoing Waiting for building permit.

FY20 Community
development
702  Mid Long Term Planning 750.032 ‐ General Plan 100 ‐71‐702 ‐ General Fund‐
Planning‐Mid
Long Term
Planning
239,805                       ‐ In Progress ongoing Operational item, no completion date
FY20 Community
development
702  Mid Long Term Planning 750.049 ‐ MuniCode Updates 100 ‐71‐702 ‐ General Fund‐
Planning‐Mid
Long Term
Planning
25,000                       ‐ In Progress 11/2024 Project delayed due to COVID and department turnover.

FY17 Community
development
702 Mid Long Term Planning 750.090 ‐ Residential/Mixed Use Design 100 ‐71‐702 ‐ General Fund‐
Planning‐Mid
Long Term
Planning
202,216 5,147 In Progress 12/2024 Delays in project due to previous contractor/consultant and housing
element.

FY22 Community
development
702 Mid Long Term Planning 750.101 ‐ CWP RHNA and Gen Plan Update 100 ‐71‐702 ‐ General Fund‐
Planning‐Mid
Long Term
Planning
1,026,581 330,914 In Progress Spring/Summer 2024
Pending State of California Housing
and Community Development
Department adoption of Housing
Element.

FY22 Community
development
702 Mid Long Term Planning 750.135 ‐ Laserfiche planning map scanning
100‐71‐702 ‐
General Fund‐
Planning‐Mid
Long Term
Planning
3,990 923 In Progress Winter 2024 Ongoing operational item.

FY24 Community
development
702  Mid Long Term Planning 750.235 ‐ CWP Tree List 100 ‐71‐702 ‐ General Fund‐
Planning‐Mid
Long Term
Planning
50,000                       ‐ In Progress August 2024 FY20/FY22 Community
development
711  BMR Affordable Housing Fund 750.051 ‐ Support for the Unhoused 265 ‐72‐711 ‐ BMR Housing‐
Housing Services‐
BMR Affordable
Housing Fund
100,000                       ‐ In Progress Pending budget depletion. $50k will be defunded in Q3 to true up to the
required County match. No
completion date.

FY 2023-24 Mid-Year Special Projects
FY Added Function Program Base And Detail Account With Detail Description
Full Org Set Code
And Description
Amended
Budget
Actual
Amount
Status Estimated
Complete
Notes (e.g., carried over to next
fiscal year)
FY20 Community
development
711 BMR Affordable Housing Fund 750.052 ‐ Develop ELI Housing 265 ‐72‐711 ‐ BMR Housing‐
Housing Services‐
BMR Affordable
Housing Fund
238,386 ‐ In Progress Pending development of Mary Ave, then operational.

FY19 Community
development
713 General Building 750.036 ‐ Ongoing Bldg Recrd
scan/conversn
100‐73‐713 ‐
General Fund‐
Building‐General
Building
14,387 ‐ In Progress Winter 2024 Ongoing operational item.

FY22 Community
development
714 Construction Plan Check 750.031 ‐ Westport 100 ‐73‐714 ‐ General Fund‐
Building‐
Construction Plan
Check
98,739 5,285 In Progress 2026 Pending building permit status. The timeline is uncertain however staff
estimates the townhome portion
should be completed/occupied by
end of this year. The Senior BMR
apartments should be occupied by
Spring 2025. The assisted living
parcel will be submitting revisions by
2026.

FY20 Community
development
714 Construction Plan Check 750.067 ‐ VTC 100 ‐73‐714 ‐ General Fund‐
Building‐
Construction Plan
Check
14,595,179 ‐ In Progress This pertains to building permits and staff estimates that the developer
will submit additional building
permits in 2024.

FY20 Community
development
715 Building Inspection 750.067 ‐ VTC 100 ‐73‐715 ‐
General Fund‐
Building‐Building
Inspection
5,406,634 ‐ Not Started This pertains to building inspections.

No construction has been
completed, and will occur over the
build‐out of the project at least 5
years.

FY23 Information Services 300 Administration 750.197 ‐ Aclima & Envirosuite Pilot Ext 610 ‐30‐300 ‐ Innovation &
Technology‐I&T
Administration‐
Administration
66,000 ‐ Completed 8/15/2023 Funds have been encumbered and awaiting invoices.

FY23 Information Services 300 Administration 750.222 ‐ CWP Cybersecurity Public Edu 610 ‐30‐300 ‐ Innovation &
Technology‐I&T
Administration‐
Administration
7,500 1,317 Completed 9/16/2023 Recommended to be defunded in Q3.

FY23 Information Services 300 Administration 750.227 ‐ CWP License Plate Readers 610 ‐30‐300 ‐ Innovation &
Technology‐I&T
Administration‐
Administration
‐ ‐ Transferred Transferred to Law Enforcement 100‐ 20‐200 750.227 in FY24 and was
renamed CWP Block Leader
Enhancements. Staff will correct this
to CWP ‐ Public Safety in
residential/commercial areas for
transparency and visibility.

FY20 Information Services 305 Video 900.995 ‐ Special Projects ‐ CDD/I&T 100 ‐31‐305 ‐ General Fund‐I&T
Video‐Video
40,891 8,215 Completed 9/30/2023 Projects delayed due to COVID and will be defunded in Q3 with savings
due to descaling a project at Quinlan.

FY22 Information Services 308 Applications 750.120 ‐ Performance Management App 100 ‐32‐308 ‐ General Fund‐I&T
Applications‐
Applications
32,000 ‐ Cancelled Recommended to be defunded in Q3.

FY22 Information Services 308   Applications 750.123 ‐ Redesign of City Website 100 ‐32‐308 ‐ General Fund‐I&T
Applications‐
Applications
20,700                2,719 In Progress 10/30/2024
FY23 Information Services 308   Applications 750.181 ‐ ERP (Phase II) 100 ‐32‐308 ‐ General Fund‐I&T
Applications‐
Applications
94,076             24,910 Pending Recommended Service Level Reduction (Potential Cancellation of
this item)
FY23 Information Services 308   Applications 750.183 ‐ ACA Guide & Wrapper 100 ‐32‐308 ‐ General Fund‐I&T
Applications‐
Applications
25,000                       ‐ In Progress 6/30/2024
FY23 Information Services 308   Applications 750.184 ‐ Accela Roadmap 100 ‐32‐308 ‐ General Fund‐I&T
Applications‐
Applications
23,000                       ‐ In Progress 6/30/2024
FY23 Information Services 308   Applications 750.186 ‐ Consolidated Code Enf Services 100 ‐32‐308 ‐ General Fund‐I&T
Applications‐
Applications
22,408             22,133 Completed 2/27/2024
FY21 Information Services 308   Applications 750.236 ‐ Project Dox 100 ‐32‐308 ‐ General Fund‐I&T
Applications‐
Applications
129,475             90,820 In Progress 6/30/2024
FY24 Information Services 308   Applications 750.237 ‐ ERP (Phase III) 100 ‐32‐308 ‐ General Fund‐I&T
Applications‐
Applications
450,000                       ‐ Pending Recommended Service Level Reduction (Potential Cancellation of
this item)
FY22 Information Services 310   Infrastructure 750.107 ‐ Security Framework and Audit 610 ‐34‐310 ‐ Innovation &
Technology‐I&T
Infrastructure‐
Infrastructure
60,000             18,938 In Progress 6/30/2024
FY 2023-24 Mid-Year Special Projects
FY Added Function Program Base And Detail Account With Detail Description
Full Org Set Code
And Description
Amended
Budget
Actual
Amount
Status Estimated
Complete
Notes (e.g., carried over to next
fiscal year)
FY22 Information Services 310   Infrastructure 750.124 ‐ ActiveNet Additional Readers 610 ‐34‐310 ‐ Innovation &
Technology‐I&T
Infrastructure‐
Infrastructure
9,000             10,999 Completed 2/28/2024
FY22 Information Services 310   Infrastructure 750.125 ‐ Council Voting System and Timer 610 ‐34‐310 ‐ Innovation &
Technology‐I&T
Infrastructure‐
Infrastructure
32,000                       ‐ Cancelled Recommended to defund in Q3.

Vendor did not provide a SaaS
solution.

FY22 Information Services 310   Infrastructure 750.130 ‐ Senior Center Access Controls 610 ‐34‐310 ‐ Innovation &
Technology‐I&T
Infrastructure‐
Infrastructure
‐                       ‐ Transferred 6/30/2024 Transferred to Facilities 100‐87‐831 750.025 in FY 24
FY22 Information Services 310   Infrastructure 750.171 ‐ Quinlan Touch Screen 610 ‐34‐310 ‐ Innovation &
Technology‐I&T
Infrastructure‐
Infrastructure
25,130                   321 Cancelled
FY23 Information Services 310   Infrastructure 750.199 ‐ City Facilities Video Capture 610 ‐34‐310 ‐ Innovation &
Technology‐I&T
Infrastructure‐
Infrastructure
6,079                       ‐ In Progress 6/30/2024
FY23 Information Services 310   Infrastructure 750.200 ‐ CH Ent Server & Storage Tech Ref
610‐34‐310 ‐
Innovation &
Technology‐I&T
Infrastructure‐
Infrastructure
150,000           150,000 Completed 2/28/2024
FY23 Information Services 310   Infrastructure 750.203 ‐ Suppl Wi‐Fi Exp in Public Areas 610 ‐34‐310 ‐ Innovation &
Technology‐I&T
Infrastructure‐
Infrastructure
4,625                       ‐ Pending Recommended Service Level Reduction (Potential Cancellation of
this item)
FY23 Information Services 310   Infrastructure 750.205 ‐ Public Bike Smart Rack DockTech 610 ‐34‐310 ‐ Innovation &
Technology‐I&T
Infrastructure‐
Infrastructure
2,000                       ‐ Cancelled Recommended to be defunded in Q3.

FY18 Information Services 310   Infrastructure 900.945 ‐ Fixed Asset Acquisition 610 ‐34‐310 ‐ Innovation &
Technology‐I&T
Infrastructure‐
Infrastructure
40,037                       ‐ In Progress 6/30/2024 This account was added in FY18 to account for IT fixed assets
acquisitions.  These purchases vary
from year and were added to special
projects for visibility and to maintain
ongoing material and contract
trendlines.

FY 2023-24 Mid-Year Special Projects
FY Added Function Program Base And Detail Account With Detail Description
Full Org Set Code
And Description
Amended
Budget
Actual
Amount
Status Estimated
Complete
Notes (e.g., carried over to next
fiscal year)
FY22 Information Services 986   GIS 750.166 ‐ AR McClellan Ranch 610 ‐35‐986 ‐ Innovation &
Technology‐I&T
GIS‐GIS
26,667                2,000 In Progress 4/30/2024
FY23 Information Services 986   GIS 750.207 ‐ Additional Telematics Devices 610 ‐35‐986 ‐ Innovation &
Technology‐I&T
GIS‐GIS
5,300                5,300 Completed 7/30/2023
FY24 Information Services 986   GIS 750.211 ‐ Drone Instructor Training 610 ‐35‐986 ‐ Innovation &
Technology‐I&T
GIS‐GIS
775                  775 Completed 8/30/2023
FY23 Information Services 986   GIS 750.212 ‐ Laserfiche Scanning 610 ‐35‐986 ‐ Innovation &
Technology‐I&T
GIS‐GIS
22,415             15,591 In Progress 4/30/2024
FY22 Information Services 986   GIS 750.216 ‐ CIP Management System 610 ‐35‐986 ‐ Innovation &
Technology‐I&T
GIS‐GIS
10,740                8,405 In Progress 3/30/2024
FY24 Information Services 986   GIS 750.238 ‐ VR Decarb 610 ‐35‐986 ‐ Innovation &
Technology‐I&T
GIS‐GIS
112,000                       ‐ In Progress 5/30/2024 FY23 Law enforcement 200   Law Enforcement SC Sherif 750.227 ‐ CWP Block Leader Enhancements
100‐20‐200 ‐
General Fund‐Law
Enforcement‐Law
Enforcement SC
Sherif
60,000                       ‐ In Progress 10/2024 The $60,000 is allocated for the license plate readers. Transferred
from Information Services 610‐30‐
300 750.227 in FY24 and was
renamed CWP Block Leader
Enhancements. Staff will correct this
to CWP ‐ Public Safety in
residential/commercial areas for
transparency and visibility.

FY19 Public works 122 Sustainability Division 750.018 ‐ Climate Action Plan 100 ‐81‐122 ‐ General Fund‐
Environmental
Programs‐
Sustainability
Division
1,236 ‐ Completed 10/2023 Transferred from Administration 100‐ 12‐122 750.018 in FY 24. Remaining
amount to be defunded at Q3.

FY19 Public works 122 Sustainability Division 750.019 ‐ Employee Commute Program 100 ‐81‐122 ‐ General Fund‐
Environmental
Programs‐
Sustainability
Division
2,586 4,618 Completed 10/2023 Transferred from Administration 100‐ 12‐122 750.018 in FY 24. Remaining
amount to be defunded at Q3.

Project went over budget due to
claims exceeding projected budget
and will be covered with budget
savings. Program is discontinued.

FY 2023-24 Mid-Year Special Projects
FY Added Function Program Base And Detail Account With Detail Description
Full Org Set Code
And Description
Amended
Budget
Actual
Amount
Status Estimated
Complete
Notes (e.g., carried over to next
fiscal year)
FY21 Public works 122 Sustainability Division 750.069 ‐ Sustainable Infrastructure Audit 100 ‐81‐122 ‐ General Fund‐
Environmental
Programs‐
Sustainability
Division
10,000 ‐ Not Started N/A Transferred from Administration 100‐ 12‐122 750.069 in FY24.

This project will most likely not move
forward. Recommended to defund in
Q3.

FY22 Public works 122 Sustainability Division 750.106 ‐ Electric Cooking Workshop Series
100‐81‐122 ‐
General Fund‐
Environmental
Programs‐
Sustainability
Division
6,400 ‐ In Progress 6/30/2024 Transferred from Administration 100‐ 12‐122 750.106 in FY24.

FY24 Public works 122 Sustainability Division 750.176 ‐ Climate AP Vision Summary Doc 100 ‐81‐122 ‐ General Fund‐
Environmental
Programs‐
Sustainability
Division
10,000 ‐ In Progress 6/30/2025 Transferred from Administration 100‐ 12‐122 750.176 in FY 24.

FY24 Public works 122 Sustainability Division 750.223 ‐ CWP Electrification Study 100 ‐81‐122 ‐ General Fund‐
Environmental
Programs‐
Sustainability
Division
50,000 ‐ In Progress 6/30/2024 Transferred from Administration 100‐ 12‐122 750.223 in FY24.

FY21 Public works 800   Public Works Admin 750.071 ‐ Municipal Water System 100 ‐80‐800 ‐ General Fund‐PW
Administration‐
Public Works
Admin
22,677             11,846 In Progress 8/1/2024
FY24 Public works 801   Resources Recovery 750.041 ‐ HHW and PaintCare 520 ‐81‐801 ‐ Resource
Recovery‐
Environmental
Programs‐
Resources
Recovery
115,733             70,456 In Progress Ongoing
annual project
No completion date
FY21 Public works 801   Resources Recovery 750.084 ‐ Single Use Plastics Ordinance 520 ‐81‐801 ‐ Resource
Recovery‐
Environmental
Programs‐
Resources
Recovery
84,716             34,764 In Progress 6/30/2025
FY 2023-24 Mid-Year Special Projects
FY Added Function Program Base And Detail Account With Detail Description
Full Org Set Code
And Description
Amended
Budget
Actual
Amount
Status Estimated
Complete
Notes (e.g., carried over to next
fiscal year)
FY22 Public works 801   Resources Recovery 750.137 ‐ SB1383 Procurement Requirements
520‐81‐801 ‐
Resource
Recovery‐
Environmental
Programs‐
Resources
Recovery
112,742                       ‐ In Progress Ongoing
annual project
No completion date
FY22 Public works 801   Resources Recovery 750.174 ‐ New Lndfill Agrmnt/Solid Wst con
520‐81‐801 ‐
Resource
Recovery‐
Environmental
Programs‐
Resources
Recovery
245,697           161,452 In Progress 8/31/2025
FY23 Public works 802   Non Point Source 750.196 ‐ Storm Water (SWPPP) Update 230 ‐81‐802 ‐  Env Mgmt Cln Crk
Strm Drain‐
Environmental
Programs‐Non
Point Source
19,539                       ‐ Completed 3/2023 Remaining amount will be defunded in Q3.

FY19 Public works 804   Plan Review 750.039 ‐ PW Scanning Project 100 ‐82‐804 ‐ General Fund‐
Developmental
Services‐Plan
Review
39,713             21,129 In Progress 6/30/2024
FY20 Public works 804   Plan Review 750.067 ‐ VTC 100 ‐82‐804 ‐ General Fund‐
Developmental
Services‐Plan
Review
1,961,366                       ‐ In Progress This pertains to plan review and occurs prior to permit issuance with
the City awaiting the latest plan
submittal.

FY22 Public works 804 Plan Review 750.105 ‐ CWP Revisit 5G 100 ‐82‐804 ‐ General Fund‐
Developmental
Services‐Plan
Review
250,000 ‐ In Progress 9/30/2024 Most of the work to date has been completed in‐house. Ongoing
changes to related laws, limited
staffing resources, and other
priorities have resulted in delays to
finalization.

FY20 Public works 807 Service Center Administration 750.043 ‐ Office Reconfiguration 100 ‐83‐807 ‐ General Fund‐
Service Center‐
Service Center
Administration
189,861 50,445 In Progress Ongoing
annual project
This an ongoing allocation that was
added in FY20 to account for the
various office reconfigurations need
as a result aging City facilities to help
mitigate space issues.

FY23 Public works 808 McClellan Ranch Park 750.025 ‐ Special Maintenance 100 ‐84‐808 ‐ General Fund‐
Grounds‐
McClellan Ranch
Park
70,000 ‐ Pending 2026 McClellan Bridge repair not started due to time and staffing. Quotes in
progress. Awaiting preliminary
assessment on McClellan Bridge.

FY 2023-24 Mid-Year Special Projects
FY Added Function Program Base And Detail Account With Detail Description
Full Org Set Code
And Description
Amended
Budget
Actual
Amount
Status Estimated
Complete
Notes (e.g., carried over to next
fiscal year)
FY22 Public works 808 McClellan Ranch Park 750.138 ‐ 4H Perimeter Fence Replacement
100‐84‐808 ‐
General Fund‐
Grounds‐
McClellan Ranch
Park
30,000 24,600 Completed 9/20/2023 Remaining amount will be defunded in Q3.

FY20 Public works 812   School Site Maintenance 750.025 ‐ Special Maintenance 100 ‐84‐812 ‐ General Fund‐
Grounds‐School
Site Maintenance
20,000                       ‐ In Progress 6/30/2024 This account is used for various one‐ time maintenance projects that vary
from year to year.  This account was
added FY20 to provide visibility to
one‐time project costs that vary from
year to year to assist in showing
baseline expenses only in materials
and/or contracts.

FY21 Public works 813   Neighborhood Parks 750.074 ‐ Tot Lot Rubber Resurfacing 100 ‐84‐813 ‐ General Fund‐
Grounds‐
Neighborhood
Parks
17,824                       ‐ In Progress 6/30/2024 Tot lot rubber resurfacing 3 completed June 2022 & May 2023, 1
in progress (Portal Park)
FY22 Public works 813   Neighborhood Parks 750.141 ‐ Basketball Court Resurfacing 100 ‐84‐813 ‐ General Fund‐
Grounds‐
Neighborhood
Parks
20,000             20,000 Completed 12/2023
FY17 Public works 813   Neighborhood Parks 900.990 ‐ Special Projects ‐ PW 100 ‐84‐813 ‐ General Fund‐
Grounds‐
Neighborhood
Parks
25,000             24,100 Completed 9/2023 This account is used for various l one‐ time maintenance projects that vary
from year to year.  This account was
added FY17 to provide visibility to
one‐time project costs that vary from
year to year to assist in showing
baseline expenses only in materials
and/or contracts. Portal Park
concrete replacement is completed.

FY22 Public works 814   Sport Fields Jollyman CRK 750.140 ‐ Backflow Prevention Device Repl 100 ‐84‐814 ‐ General Fund‐
Grounds‐Sport
Fields Jollyman
CRK
4,000                       ‐ In Progress 6/30/2024
FY22 Public works 814   Sport Fields Jollyman CRK 750.141 ‐ Basketball Court Resurfacing 100 ‐84‐814 ‐ General Fund‐
Grounds‐Sport
Fields Jollyman
CRK
10,000             10,000 Completed 12/2023
FY 2023-24 Mid-Year Special Projects
FY Added Function Program Base And Detail Account With Detail Description
Full Org Set Code
And Description
Amended
Budget
Actual
Amount
Status Estimated
Complete
Notes (e.g., carried over to next
fiscal year)
FY19 Public works 820   Sidewalk Curb and Gutter 750.020 ‐ Annual Sidewalk Curb & Gutter 270 ‐85‐820 ‐ Transportation
Fund‐Streets‐
Sidewalk Curb
and Gutter
2,868,400           724,222 In Progress 6/30/2025 This is annual pavement maintenance and was added in
special projects for visibility and
reporting.

FY13? Public works 821 Street Pavement Maintenance 900.921 ‐ Annual Asphalt Project 270 ‐85‐821 ‐ Transportation
Fund‐Streets‐
Street Pavement
Maintenance
5,600,754 14,370 In Progress Ongoing
annual project
This is annual pavement
maintenance and was added in
special projects for visibility and
reporting.

This is in a dedicated account for SB1
reporting. Should be removed from
this list beginning in FY25.

FY23 Public works 824 Overpasses and Medians 750.194 ‐ Trench Work 100 ‐86‐824 ‐ General Fund‐
Trees and Right of
Way‐Overpasses
and Medians
40,000 ‐ Pending Recommended to defund in Q3.

FY24 Public works 825   Street Tree Maintenance 750.235 ‐ CWP Tree List 100 ‐86‐825 ‐ General Fund‐
Trees and Right of
Way‐Street Tree
Maintenance
60,000                       ‐ In Progress 6/30/2024 Collaborating with CDD FY13? Public works 825   Street Tree Maintenance 900.911 ‐ Trees and Badges 100 ‐86‐825 ‐ General Fund‐
Trees and Right of
Way‐Street Tree
Maintenance
16,263                   325 In Progress Ongoing
annual project
This is annual tree badges program
and was added in special projects for
visibility.

FY22 Public works 827 Bldg Maint City Hall 750.144 ‐ Electrical Preventive Maint 100 ‐87‐827 ‐ General Fund‐
Facilities and
Fleet‐Bldg Maint
City Hall
25,000 ‐ Completed 2023 Remaining amount will be defunded in Q3. Work was completed. OK to
remove, defund as close out this line
as we now budget electrical
preventative maintenance in base.

FY23 Public works 829   Bldg Maint Service Center 750.025 ‐ Special Maintenance 100 ‐87‐829 ‐ General Fund‐
Facilities and
Fleet‐Bldg Maint
Service Center
40,000                       ‐ In Progress 6/30/2024
FY15 Public works 829   Bldg Maint Service Center 900.990 ‐ Special Projects ‐ PW 100 ‐87‐829 ‐ General Fund‐
Facilities and
Fleet‐Bldg Maint
Service Center
233,963                       ‐ Pending 4/2024 This account is used for various l one‐ time maintenance projects that vary
from year to year.  This account was
added FY16 to provide visibility to
one‐time project costs that vary from
year to year to assist in showing
baseline expenses only in materials
and/or contracts. Awaiting delivery
of materials.

FY20 Public works 830   Bldg Maint Quinlan Center 750.025 ‐ Special Maintenance 100 ‐87‐830 ‐ General Fund‐
Facilities and
Fleet‐Bldg Maint
Quinlan Center
85,000                       ‐ In Progress 6/30/2024 This account is used for various one‐ time maintenance projects that vary
from year to year.  This account was
added FY20 to provide visibility to
one‐time project costs that vary from
year to year to assist in showing
baseline expenses only in materials
and/or contracts.

FY 2023-24 Mid-Year Special Projects
FY Added Function Program Base And Detail Account With Detail Description
Full Org Set Code
And Description
Amended
Budget
Actual
Amount
Status Estimated
Complete
Notes (e.g., carried over to next
fiscal year)
FY23 Public works 831   Bldg Maint Senior Center 750.025 ‐ Special Maintenance 100 ‐87‐831 ‐ General Fund‐
Facilities and
Fleet‐Bldg Maint
Senior Center
121,675                       ‐ Not Started 6/30/2025 This account is used for various one‐ time maintenance projects that vary
from year to year.  This account was
added FY20 to provide visibility to
one‐time project costs that vary from
year to year to assist in showing
baseline expenses only in materials
and/or contracts. Senior Center
Access Controls 750.130 ($16,000)
was transferred from Information
Services. Roof repair, deck dry rot
repair, AC replacement ‐ not started
due to lack of staffing, need for
multiple quotes and multiple vendor
contracts
FY23 Public works 831   Bldg Maint Senior Center 900.945 ‐ Fixed Asset Acquisition 100 ‐87‐831 ‐ General Fund‐
Facilities and
Fleet‐Bldg Maint
Senior Center
65,835             65,259 Completed 11/2023
FY19 Public works 832   Bldg Maint McClellan Ranch 750.025 ‐ Special Maintenance 100 ‐87‐832 ‐ General Fund‐
Facilities and
Fleet‐Bldg Maint
McClellan Ranch
101,347                       ‐ In Progress 6/30/2024 This account is used for various one‐ time maintenance projects that vary
from year to year.  This account was
added FY19 to provide visibility to
one‐time project costs that vary from
year to year to assist in showing
baseline expenses only in materials
and/or contracts.

FY23 Public works 834 Bldg Maint Wilson 750.025 ‐ Special Maintenance 100 ‐87‐834 ‐ General Fund‐
Facilities and
Fleet‐Bldg Maint
Wilson
7,000 ‐ Not Started 6/30/2024 Project to start in 2/2024.

FY23 Public works 836   Bldg Maint Sports Center 750.025 ‐ Special Maintenance 570 ‐87‐836 ‐ Sports Center‐
Facilities and
Fleet‐Bldg Maint
Sports Center
50,494                6,789 In Progress 6/30/2024 HVAC is the only project left FY22 Public works 836   Bldg Maint Sports Center 750.157 ‐ Door Refinishing 570 ‐87‐836 ‐ Sports Center‐
Facilities and
Fleet‐Bldg Maint
Sports Center
10,775             14,337 Completed 10/2023 Budget savings used to cover the overbudget.

FY 2023-24 Mid-Year Special Projects
FY Added Function Program Base And Detail Account With Detail Description
Full Org Set Code
And Description
Amended
Budget
Actual
Amount
Status Estimated
Complete
Notes (e.g., carried over to next
fiscal year)
FY16 Public works 836  Bldg Maint Sports Center 900.990 ‐ Special Projects ‐ PW 570‐87‐836 ‐ Sports Center‐
Facilities and
Fleet‐Bldg Maint
Sports Center
‐                       ‐ Completed
FY24 Public works 837   Bldg Maint Creekside 750.025 ‐ Special Maintenance 100 ‐87‐837 ‐ General Fund‐
Facilities and
Fleet‐Bldg Maint
Creekside
12,000                       ‐ Completed 11/2023 Expensed to 900.990 GL account, budget transfer will be initiated to
complete transaction.

FY16 Public works 837  Bldg Maint Creekside 900.990 ‐ Special Projects ‐ PW 100‐87‐837 ‐ General Fund‐
Facilities and
Fleet‐Bldg Maint
Creekside
‐                       ‐ Completed 11/2023
FY23 Public works 841   BBF Facilities Maintenance 750.025 ‐ Special Maintenance 100 ‐87‐841 ‐ General Fund‐
Facilities and
Fleet‐BBF
Facilities
Maintenance
25,000                       ‐ In Progress Ongoing Maint as needed
Blesch, Byrne and Stocklmeir Maint
as needed
FY16 Public works 841   BBF Facilities Maintenance 900.990 ‐ Special Projects ‐ PW 100 ‐87‐841 ‐ General Fund‐
Facilities and
Fleet‐BBF
Facilities
Maintenance
‐                6,803 Completed 7/2023 This account is used for various l one‐ time maintenance projects that vary
from year to year. This account was
added FY16 to provide visibility to
one‐time project costs that vary from
year to year to assist in showing
baseline expenses only in materials
and/or contracts. Expenses are
located in fixed assets. Expensed to
900.990 GL account, budget transfer
will be initiated to complete
transaction.

FY23 Public works 844   Traffic Engineering 750.040 ‐ Planned Transportation Project 100 ‐88‐844 ‐ General Fund‐
Transportation‐
Traffic
Engineering
56,023             16,025 In Progress 6/30/2024
FY20 Public works 844   Traffic Engineering 750.061 ‐ Community Shuttle Pilot Program
100‐88‐844 ‐
General Fund‐
Transportation‐
Traffic
Engineering
10,574                       ‐ Completed 6/30/23 Remaining amount will be defunded in Q3.

FY21 Public works 844 Traffic Engineering 750.079 ‐ Adaptive Traffic Signaling 100 ‐88‐844 ‐ General Fund‐
Transportation‐
Traffic
Engineering
18,443 12,473 Completed 8/2023 Remaining amount will be defunded in Q3.

The MOU has now been executed
and meetings are ongoing between
staff, Rotary, and BPC subcommittee
to finalize bike rack installation
locations. Once locations are
finalized, the division of labor
regarding installation will be
determined and the bike racks
purchased and installed.

FY23 Public works 844   Traffic Engineering 750.231 ‐ SC Corridor Vision Study 100 ‐88‐844 ‐ General Fund‐
Transportation‐
Traffic
Engineering
154,079                       ‐ In Progress 6/30/2025 FY23 Public works 844   Traffic Engineering 750.242 ‐ AC2 Traffic Monitoring 100 ‐88‐844 ‐ General Fund‐
Transportation‐
Traffic
Engineering
‐             27,033 In Progress 6/30/2025 Budgeted funds will be transferred here from 100‐88‐844 900.923.

FY17 Public works 844 Traffic Engineering 900.923 ‐ Apple Campus 2 100 ‐88‐844 ‐ General Fund‐
Transportation‐
Traffic
Engineering
77,340 ‐ Completed 6/30/2025 Budgeted in incorrect GL account, departments will initiate a transfer
to correct to 100‐88‐844 750.242.

This is a development project that
spanned several years. It was added
a special project to provide visability
and to maintain relevent baseline
expenses in materials and contracts.

FY23 Public works 844 Traffic Engineering 900.964 ‐ I‐280/Wolfe Rd Interchange Imprv
100‐88‐844 ‐
General Fund‐
Transportation‐
Traffic
Engineering
800,000 800,000 In Progress Est. completion date unknown
as the project
is with VTA
Originally budgeted in 750‐040 and
transferred to Capital Outlay
Account 100‐88‐844 900‐964.

Advanced payment made to VTA for
the City's portion.

FY 2023-24 Mid-Year Special Projects
FY Added Function Program Base And Detail Account With Detail Description
Full Org Set Code
And Description
Amended
Budget
Actual
Amount
Status Estimated
Complete
Notes (e.g., carried over to next
fiscal year)
FY21 Public works 845 Traffic Signal Maintenance 750.079 ‐ Adaptive Traffic Signaling 100 ‐88‐845 ‐ General Fund‐
Transportation‐
Traffic Signal
Maintenance
16,042 ‐ Completed 10/4/2023 Remaining amount will be defunded in Q3.

FY24 Public works 845 Traffic Signal Maintenance 900.945 ‐ Fixed Asset Acquisition 100 ‐88‐845 ‐ General Fund‐
Transportation‐
Traffic Signal
Maintenance
‐ 41,529 Completed 7/10/2023 Expensed to 900.945 GL account, budget transfer will be initiated to
complete transaction.

FY21 Public works 846   Safe Routes 2 School 750.080 ‐ Pedestrian Education 100 ‐88‐846 ‐ General Fund‐
Transportation‐
Safe Routes 2
School
10,118             10,118 Completed 11/2023
FY15 Public works 848   Street Lighting 900.990 ‐ Special Projects ‐ PW 100 ‐85‐848 ‐ General Fund‐
Streets‐Street
Lighting
230,000           171,163 In Progress 8/30/2024 This account is used for various l one‐ time maintenance projects that vary
from year to year.  This account was
added FY16 to provide visibility to
one‐time project costs that vary from
year to year to assist in showing
baseline expenses only in materials
and/or contracts.

FY24 Public works 853  Storm Drain Fee 750.062 ‐ Permeable Pavement 230‐81‐853 ‐  Env Mgmt Cln Crk
Strm Drain‐
Environmental
Programs‐Storm
Drain Fee
‐                       ‐ Completed Defunded by council at FY24 Q1 FY23 Public works 853   Storm Drain Fee 750.063 ‐ Rainwater Capture 230 ‐81‐853 ‐  Env Mgmt Cln Crk
Strm Drain‐
Environmental
Programs‐Storm
Drain Fee
47,719             12,369 In Progress Ongoing
annual project
No completion date
FY23 Public works 854   General Fund Subsidy 750.064 ‐ Low Income Cost Share 230 ‐81‐854 ‐  Env Mgmt Cln Crk
Strm Drain‐
Environmental
Programs‐General
Fund Subsidy
13,162                    (52) In Progress Ongoing
annual project
No completion date. Payments were
voided as checks were not cashed.

FY 2023-24 Mid-Year Special Projects
FY Added Function Program Base And Detail Account With Detail Description
Full Org Set Code
And Description
Amended
Budget
Actual
Amount
Status Estimated
Complete
Notes (e.g., carried over to next
fiscal year)
FY23 Public works 854   General Fund Subsidy 750.065 ‐ CUSD Joint Use Cost Share 230 ‐81‐854 ‐  Env Mgmt Cln Crk
Strm Drain‐
Environmental
Programs‐General
Fund Subsidy
8,706                       ‐ In Progress Ongoing
annual project
No completion date
FY24 Public works 855   Storm Drain Maintenance 900.945 ‐ Fixed Asset Acquisition 230 ‐81‐855 ‐  Env Mgmt Cln Crk
Strm Drain‐
Environmental
Programs‐Storm
Drain
Maintenance
131,000           128,895 Completed 12/2023 Rover storm drain camera purchase FY09 Public works 985   Fixed Assets Acquisition 900.945 ‐ Fixed Asset Acquisition 630 ‐90‐985 ‐ Vehicle/Equip
Replacement ‐
Citywide ‐ Non
Departmental‐
Fixed Assets
Acquisition
1,264,468           130,222 In Progress Ongoing
annual project
This is annual acquisitions of vehicle
and equipment and was added in
special projects for visibility.

FY22 Recreation services 601   Rec & Comm Svcs Administration 750.098 ‐ CWP Senior Strategy 100 ‐60‐601 ‐ General Fund‐
Administration‐
Rec & Comm Svcs
Administration
41,378                     32 In Progress 6/30/2024 Senior Survey Assessment FY22 Recreation services 601   Rec & Comm Svcs Administration 750.164 ‐ CWP Dogs Off Leash Area 100 ‐60‐601 ‐ General Fund‐
Administration‐
Rec & Comm Svcs
Administration
5,000                   123 In Progress 6/30/2024
FY23 Recreation services 601  Rec & Comm Svcs Administration 750.226 ‐ CWP Intergenerational Engagement
100‐60‐601 ‐
General Fund‐
Administration‐
Rec & Comm Svcs
Administration
‐                       ‐ Completed June 2023
FY24 Recreation services 601   Rec & Comm Svcs Administration 750.241 ‐ CWP Senior Svcs & Youth Engagement
100‐60‐601 ‐
General Fund‐
Administration‐
Rec & Comm Svcs
Administration
20,000                   239 In Progress 6/30/2024
FY 2023-24 Mid-Year Special Projects
FY Added Function Program Base And Detail Account With Detail Description
Full Org Set Code
And Description
Amended
Budget
Actual
Amount
Status Estimated
Complete
Notes (e.g., carried over to next
fiscal year)
FY15 Recreation services 621   Sports Center Operation 900.959 ‐ Windscreens 570 ‐63‐621 ‐ Sports Center‐
Sports, Safety and
Outdoor Rec‐
Sports Center
Operation
72,853             72,162 Completed September
2023
From: Santosh Rao
To: City Council; Pamela Wu; Matt Morley; City Clerk
Subject: Urgent Appeal: Reconsideration of FY 23-25 City Work Program Projects Date: Tuesday, April 2, 2024 7:54:42 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Subject: Urgent Appeal: Reconsideration of FY 23-25 City Work Program Projects [CC: City Clerk]
Dear Mayor Sheila, Esteemed Cupertino City Council Members, and City Manager Wu, I am compelled to address the current proposal for ongoing projects in the FY 23-25 City Work Program (CWP) and respectfully convey my staunch opposition to several items therein.

In a time where fiscal prudence is paramount, the inclusion of certain projects, notably those outlined below, raises profound concerns about their alignment with our community's priorities and fiscal responsibility:

Development of ELI and BMR housing units: While the aspiration to preserve affordable housing is commendable, the city's focus should remain on core municipal responsibilities.

The proposed allocation of resources toward housing initiatives surpasses the city's core charter of services to your housed existing residents and ignores our budgetary constraints.

Collaboration on regional unhoused support: While addressing homelessness is a critical issue, the proposed approach risks overextension beyond the city's core mandate. Fiscal resources should be prioritized towards essential services for residents, rather than expanding into non-core endeavors.

Update to 5G Ordinance: Given the legitimate concerns surrounding 5G technology, a balanced approach is imperative. However, substantial investment in additional studies is unwarranted. We must prioritize the adoption of existing resident-friendly research and enforce safety measures rigorously.

Lowering speed limits: The proposal to lower speed limits lacks empirical justification and may not address the root cause of traffic issues. Instead, resources should be redirected towards enhancing enforcement of existing speed regulations to ensure public safety.

Development of Recycled Water Feasibility Study: While sustainable water management is crucial, the proposed study represents an undue financial burden on the city. We must exercise fiscal restraint and focus on pragmatic solutions that align with our budgetary limitations.

New Bike Ped Plan: The disproportionate allocation of resources towards bike infrastructure projects warrants reassessment. Priority should be given to pedestrian safety initiatives, which serve a broader segment of the community and have been neglected in previous spending allocations.

In light of these concerns, I implore the City Council to reject the current staff recommendation for the above and prioritize projects that adhere to our core municipal responsibilities, align with community needs, and demonstrate fiscal prudence.

Thank you for your attention to this urgent matter. I remain optimistic that our collective efforts will ensure the prudent stewardship of Cupertino's resources and the prioritization of initiatives that serve the best interests of all residents.

Sincerely,
Santosh Rao
From: Seema Lindskog
To: City Council
Cc: City Clerk; Cupertino City Manager"s Office
Subject: Work Plan discussion this evening
Date: Wednesday, April 3, 2024 2:20:59 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Respected Mayor Mohan, Vice-Mayor Fruen, and council members, I am writing to urge you to keep or consider adding the following items to the Work Plan.

A 5-year Bike Ped Plan or Active Transportation Plan. The current plans are several years out of date. They are separate Bike and Ped plans which creates confusing competing priorities, they don't take into account the new housing developments being planned or other plans that have been created recently such as the Climate Action Plan adopted in 2022. A new Active Transportation Plan is required to be able to apply to multiple grants, so the lack of it has a significant multi-million dollar negative impact on the city's fiscal health.

A Complete Streets ordinance to be adopted in our municipal code. This is a partner to the Active Transportation Plan and is high impact/low resource. The City of San Jose has adopted an excellent Complete Streets ordinance in their municipal code which
would be a good starting point for us so we can save staff time and not write one from scratch.

A Small Business revitalization ordinance. Our small businesses are struggling. A few days, the Counter announced it's closing. Empty storefronts are everywhere. While we have an economic development manager and there are provisions in the municipal code that can be considered small-business friendly, they are scattered and there is no organized, concerted effort to pull all these pieces together into a cohesive whole and identify what else can be done, using other cities as benchmarks that have thriving small businesses like Sunnyvale and Mountain View. A Small Business Revitalization ordinance would indicate the city is serious about helping its small businesses and is willing to go beyond "business as usual" to make it happen.

Streamline Permits for Small Residential Repairs. This would solve a major pain point for city residents and could help spur more renovation and home improvement work, which would increase city revenue and also helps our local businesses.

These last two projects would also help change the narrative of our city governance which has been focused on the battle over housing for years now. It would benefit the city to be seen as being more small business and resident friendly and hopefully bring us some positive press as well.

Best regards,
Seema
___________________________________________________________________ "You must be the change you want to see in the world." - Mahatma Gandhi This message is from my personal email account. I am only writing as myself, not as a representative or spokesperson for any other organization.

From: Srividya Sundaresan
To: City Council; Pamela Wu; Matt Morley
Cc: City Clerk
Subject: Urgent Appeal: Reconsideration of FY 23-25 City Work Program Projects Date: Tuesday, April 2, 2024 9:57:37 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Dear Mayor Sheila, Esteemed Cupertino City Council Members, and City Manager Wu, I am compelled to address the current proposal for ongoing projects in the FY 23-25 City Work Program (CWP) and respectfully convey my staunch opposition to several items therein.

Development of ELI and BMR housing units: While the aspiration to preserve affordable housing is commendable, the city's focus should remain on core municipal responsibilities.

The proposed allocation of resources toward housing initiatives surpasses the city's core charter of services to your housed existing residents and ignores our budgetary constraints.

Sincerely,
Srividya Sundaresan
From: Rhoda Fry
To: City Clerk; City Council
Subject: 4/3/2024 City Council Agenda #1 Study Session
Date: Wednesday, April 3, 2024 3:45:34 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
4/3/2024 City Council Agenda #1 Study Session
Dear City Council,
We have heard many times that the City Hall is not seismically safe.

If that is true, then let’s please fix it and please also complete the work that was started on Torre.

Employee safety should be a priority.

Please be wise with our public money and provide high-level interim cost estimates on projects.

For example, if you’re going to look at water use at the golf course and running a recycle water line to the property, please don’t spend a lot of time on it.

My guess is that you’d be able to come up with an order of magnitude estimate in less than an hour and then decide whether to drill down some more.

Thanks,
Rhoda
Virus-free.www.avg.com
CC 04-03-2024
Item #5
PlaceWorks Contract
Written
Communications
From: Rhoda Fry
To: City Clerk; City Council
Subject: city council 4/3/2024 Agenda #5 Placeworks Contract Date: Wednesday, April 3, 2024 3:50:23 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

RE: city council 4/3/2024 Agenda #5 Placeworks Contract Dear City Council,
Before signing off on this contract, please review where we are with the CEQA contract with Placeworks for the Housing Element.

Is there a need to change the CEQA contract pursuant to the litigation with YIMBY? How much of that contract has been completed?
Will some of it need to be thrown away?
If we have money left on that contract, can we put it toward the contract under discussion today?
Thanks,
Rhoda Fry
Virus-free.www.avg.com
CC 04-03-2024
Item #7 & 8
Cupertino Village Boutique
Project & De Anza Hotel
Project
Written
Communications
From: Connie Cunningham
To: Gian Martire
Cc: Piu Ghosh (she/her); Luke Connolly; Benjamin Fu; Pamela Wu; City Clerk; City Council Subject: April 3, 2024, Cupertino City Council, Boutique Hotel and De Anza Hotel Date: Thursday, March 28, 2024 10:25:31 AM
Attachments: 2024 -4-3 CC Boutique Hotel Staff Report.pdf 2024-4-3 CC De Anza Hotel Staff Report.pdf
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Dear Gian Martire,
I was excited to read your excellent Staff Report this morning to learn that you successfully negotiated with both the Boutique Hotel applicant and the De Anza Hotel applicant to accept the Planning Commission’s recommended modification to comply with the Bird Safe and Dark Skies Ordinance! Thank you, too, to the Cupertino City management team! Thank you for your excellent work on behalf of the the city, city residents who fought for this ordinance, and for the Golden-crowned Sparrow that migrates 3000 miles every year from along the Pacific Flyway to live in here in the winter. You will see these beautiful birds, among many other species, in your yards preparing for spring. With our business community, city government and residents pulling together, our city is taking another step forward as a proud leader in Sustainability. As stated on the Environment & Sustainability website, "There is no Planet B".
cupertino.org
This Golden-crowned Sparrow was in my yard.

Warm regards,
Connie Cunningham.

Audubon Member, City Resident
Housing Commission, self only
Attachments
Applicants accept the Bird Safe and Dark Skies Ordinance in these reports.

April 3, 2024 City Council Staff Reports

CITY COUNCIL STAFF REPORT
Meeting: April 3, 2024
Subject
Amendment to a Development Agreement for the Cupertino Village Boutique Hotel Project from five to eight years and associated environmental review. (Application No(s):

DA-2023-002; Applicant(s): KIMCO (Sunil Plaha); Location: 10801 and 10805 N. Wolfe Rd.; APN: 316 45 017, 316 05 056)
Recommended Actions
That the City Council conduct the public hearing and conduct the first reading of Ordinance No. 24-_____ (Attachment A):

1. Find the amendment to the existing development agreement consistent with the project's Mitigated Negative Declaration (State Clearinghouse No. 2018112025) and

2. Adopt the ordinance to amend the existing Development Agreement (DA-2023-002).

Reasons for Recommendation
Project Data:

General Plan Designation: Commercial/Residential
Special Area: North Vallco Park Special Area
Zoning Designation: P (CG, Res) Planned Development Zoning with General Commercial and Residential Uses

Project Consistency with
General Plan: Yes
Zoning: Yes
Environmental Assessment: Mitigated Negative Declaration (State Clearinghouse No. 2018112025)
Cupertino Village Boutique Hotel April 3, 2024
DA-2023-002 10801 N. Wolfe Rd. Page 2

Background
The project site is located
on the west side of N. Wolfe
Rd. between Interstate 280
and Homestead Road, in
the North Vallco Park
Special Area. The land uses
allowed along N. Wolfe
Rd., between Interstate 280
and the shared city
boundary with Sunnyvale,
include residential , Office,
and commercial (which
allow hotel uses with a
Conditional Use Permit).

The site is currently developed with two commercial buildings: a 3,385 -sq.-ft. building currently occupied by the Duke of Edinburgh Pub and Restaurant, and a vacant 10,044 - sq.-ft. commercial building (former bank). Land uses surrounding the project include the Cupertino Village Shopping Center to the north, residential apartments (Arioso Apartments) to the west, a hotel to the south (Hilton Garden Inn), and office (Apple Park) and residential apartments (Hamptons Apartments) to the west.

Application Request
On July 16, 2019, the City Council approved a General Plan Amendment (GPA-2017-05, Resolution No. 19-091), a Development Permit (DP -2018-04, Resolution No. 19-092) an Architectural and Site Approval Permit (ASA -2017-09, Resolution No. 19-093), a Use Permit (U-2018-03, Resolution No. 19-095), Mitigated Negative Declaration (EA-2017-06, Resolution No. 19-090), Tree Removal Permit (TR -2017-46, Resolution No. 19 -094), and subsequently on August 20, 2019, conducted the second reading to adopt a Development Agreement (Attachment 2 – DA-2017-01, Ordinance No. 19-2186) to allow construction of the following development and site improvements:
 A new five-story, 185-room upscale hotel;
 New restaurant with separate bar on the ground floor;  Rooftop lounge with separate bar;
 Conference Meeting Rooms; and
 Updated landscaping along the perimeter of the property, including updated frontage improvements to provide pedestrian accessibility.

Apple
Park
Cupertino Village
Shopping Center
The
Hamptons
Arioso
Apartments
Hilton
Garden
Inn
Figure 1 Site aerial
N. Wolfe Rd.

Cupertino Village Boutique Hotel April 3, 2024
DA-2023-002 10801 N. Wolfe Rd. Page 3

The applicant, Sunil Plaha of KIMCO, applied to amend the approved Development Agreement (DA-2023-002) to extend the total term three years, from five years to eight.

If the amendment is not approved, the project approval entitlement would expire on November 19, 2024.

Planning Commission Recommendation
The Planning Commission convened at a regular scheduled hearing on March 12, 2024, to consider the proposed amendment to a Development Agreement . The Planning Commission recommended ( 4-0, Madhdhipatla absent) that City Council adopt the proposed amendments to the Development Agreement as indicated in Exhibit A of Planning Commission Resolution No. 202 4-02 (Attachment B), with the following modification:
 Development Agreement to require that the project comply with the bird safe and dark sky ordinance, Cupertino Municipal Code Chapter 19.102: Glass and Lighting Standards.

The Planning Commission’s recommended modifications have been incorporated into the Draft Ordinance (Attachment A).

Discussion
Development Agreement
In May 2015, the City Council adopted a process by which the Council would authorize projects proposing General Plan Amendments , taking into consideration voluntary community amenities in four categories ( School Resources, Public Open Space, Public Facilities, Transportation Facilities) offered with a proposal to request the City consider changing its General Plan. The D evelopment Agreement approved with the Village project includes voluntary community amenities offered by the project applicant through this General Plan Amendment Authorization process. These voluntary community amenities were incorporated as terms of the D evelopment Agreement, which also included terms that offered the conventional certainty regarding regulations, standards, and conditions that would apply to the project during the life of the D evelopment Agreement. The Development Agreement has a five-year term, ending on November 19, 2024.

Impact fees that are standard or required, such as housing and school fees, are not included in the consideration of voluntary community amenities. Voluntary community amenities are characterized as voluntary contribution s rather than required fees or requirements. The voluntary community amenitie s included in the Development Cupertino Village Boutique Hotel April 3, 2024
DA-2023-002 10801 N. Wolfe Rd. Page 4

Agreement are outlined below. Key provisions from the 20 19 Development Agreement include:

1. Community Amenity Funding : The Developer agree d to pay the City $1,850,000 ($10,000 per room) that may be used to benefit residents, businesses, and visitors, including on projects that will enhance and enrich the experience of the most proximate City residents, retail and restaurant customers, and hotel guests.

Candidates to receive these funds include local transportation facilities, Transportation Management Association start -up costs, local public art, and landscaping beautification improvements in public parks, parkways, or roadway medians. To date, the applicant has made $300,000 in payments as obligated.

2. Transportation Demand Management (TDM) Program : The Developer agreed to fund and fully implement a TDM program including transit passes, rideshare facilitation, and bicycle facilities.

3. Transportation Management Association (TMA) : In the event a TMA is formed, The developer agreed to pay an annual participation fee, which initially shall not exceed $10,000 and may be increased annually by the Consumer Price Index.

4. Shuttle Service: The Developer agreed to provide access to a shuttle service to hotel guests, people traveling to or from the hotel that use the hotel’s meeting rooms for functions, and, subject to availability, nearby residents, businesses , and the general public to travel between the hotel and airports and major employment centers.

5. Meeting Rooms: The Developer agreed to allow the City to use the hotel’s meeting rooms for official City business purposes, subject to availability.

6. Reduced Rates: All people visiting Cupertino for official City business, and dignitaries visiting for City purposes and events, the Developer agreed reduced room rates by at least 10% lower than the hotel’s lowest rates.

7. Internships: The Developer agreed to o ffer non -paid educational internships to students from the Fremo nt High School District, De Anza College or other local colleges interested careers in the hospitality industry.

8. Minimum Hotel Standard: The Developer committed to maintaining the project as an upscale boutique hotel, which means that the hotel will charge higher rates and provide superior amenities to most hotels.

The applicant is requesting to extend the total term from five years to eight. As described in the applicant’s justification letter (Attachment 3), various factors have contributed to the delay i n applying for Building Permits to construct the entitled hotel. Per the justification letter, the lingering effects of the COVID pandemic, which include prices of goods and materials, as well as the business travel industry (which is generally a significant portion of the hotel guests in Cupertino) being slow to recover from Cupertino Village Boutique Hotel April 3, 2024
DA-2023-002 10801 N. Wolfe Rd. Page 5

employees not required to return in -person fulltime have affected t he hospitality industry. Other extenuating circumstances, such as the increased cost in financing have escalated costs of development.

Once operational, t he project is expected to generate net positive fiscal impacts to the City’s annual budget due to the collection of Transient Occupancy Taxes (TOT) and property tax increases is estimated to be $1 .2 million a year. As such, City staff has negotiated with the applicant the following amendments to the development agreement to ensure development of the project as approved by City Council:
 The term of the agreement of the agreement extended to the (8th) anniversary of the Effective Date (November 19, 2027).
 In the event the Developer submits for a Building Permit for the core and shell of the hotel within three years of the Effective Date of the 1st Amendment, the Term of the agreement is automatically extended for two additional years, for a total of five years, i.e., until November 19, 2029.
 If Certificate of Occupancy for the Project is issued within five years of the Effective Date of the First Amendment (April 16, 2029) Developer shall be relieved of its obligations to make further Community Amenity Funding payments.  Any proposed revisions to the amount of parking and/or parking layout, are treated as an Administrative Project Amendment and not subject to an amendment to this agreement.

Staff Analysis
The proposed amendments to the Development Agreement as listed above allow for the developer to submit for building permits at a time that is economically feasible. General Plan Strategy LU-9.1.3: Economic Development and Business Retention encourages the City to attract new businesses and retain existing businesses that add to municipal revenues, and contribute to economic vitality to the commu nity. Adding incentives to the Development Agreement for the completion and occupancy of the hotel will add much needed TOT and sales tax revenue to the City’s general fund.

Lastly, by streamlining a process for parking modifications by not requiring furt her amendments to the Development Agreement, the developer is able to save on costs, and timing to encourage the development of the Hotel.

The amendments to the Development Agreement do not revise the scope of the project .

The developer will continue to be obligated to meet all other agreements for voluntary community amenities, as well as compliance with all approved aspects of applicable General Plan standards and other development regulations. The developers of the project have further ind icated that they have no objections to the Planning Commission’s Cupertino Village Boutique Hotel April 3, 2024
DA-2023-002 10801 N. Wolfe Rd. Page 6

recommended modification requiring that the project comply with the bird safe and dark sky ordinance.

Cupertino Municipal Code Findings
The Cupertino Municipal Code includes ‘findings’ for approval of various permits necessary to approve the proposed project. These provide a framework for making decisions and facilitating an orderly analysis of the review of a project. Listed below are the findings for the Development Agreement sought by the applicant that the City must make in rendering a decision whether to grant an exception on this project.

Development Agreement (CMC 19.144.110)
A. Is consistent with the objectives, policies, general land uses and programs specified in the General plan and any applicable specific plan;
General Plan Strategy LU -9.1.3: Economic Development and Business Retention – Encourages the City attract new businesses and retain existing businesses that provide local shopping and services, add to municipal revenues, contribute to economic vitality, and enhance the City’s physical environment. Approving the requested amendment supports and facilitates a potential revenue generating use for the City, with added community b enefits that include restaurant and community shuttle services. Nothing in the Development Agreement Amendment revises the scope of the project as approved by the City Council on July 16, 2019 and August 20, 2019, in which the project was found to be in conformance with the General Plan and Zoning standards applicable to this site, as well as those standards that were amended as part of General Plan Amendment (GPA-2017-05, Resolution No. 19-091).

B. Is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is or will be located; Nothing in the Development Agreement Amendment revises the scope of the project as approved by the City Council on July 16, 2019 and August 20, 2019, in which the project was found to be in conformance with the General Plan and Zoning standards applicable to this site, as well as those standards that were amended as part of General Plan Amendment (GPA-2017- 05, Resolution No. 19-091).

C. Is in conformity with and will promote public convenience, general welfare and good land use practice;
Nothing in the Development Agreement Amendment revises the scope of the project as approved by the City Council on July 16, 2019 and August 20, 2019, in which the project was found to be in conformance with the General Plan and Zoning standards applicable to this site, as well as those standards that were amended as part of General Plan Amendment (GPA-2017- 05, Resolution No. 19 -091). Extending the expiration of the Development Agreement, or future revisions to the amount of parking and/or parking layout, to be treated as an Cupertino Village Boutique Hotel April 3, 2024
DA-2023-002 10801 N. Wolfe Rd. Page 7

Administrative Project Amendment will not be at odds with promoting public convenience, general welfare and good land use practice.

D. Will not be detrimental to the health, safety and general welfare; Nothing in the Development Agreement Amendment revises the scope of the project as approved by the City Council on July 16, 2019 and August 20, 2019, in which the project was found to be in conformance with the General Plan and Zoning standards applicable to this site, as well as those standards that were amended as part of General Plan Amendment (GPA-2017- 05, Resolution No. 19 -091). Further, on July 16, 2019 , the City of Cupe rtino adopted the Initial Study and Mitigated Negative Declaration, State Clearinghouse (SCH) Number 2018112025, and approved the project. The Development Agreement extends the term of the entitlement up to eight years from the original entitlement, with no changes to the development scope.

E. Will not adversely affect the orderly development of property or the preservation of property values; and
Nothing in the Development Agreement Amendment revises the scope of the project as approved by the City Council on July 16, 2019 and August 20, 2019, in which the project was found to be in conformance with the General Plan and Zoning standards applicable to this site, as well as those standards that were amended as part of General Plan Amendment (GPA-2017- 05, Resolution No. 19-091). The treatment of the amount of parking or revisions to the parking layout as an Administrative Amendment would not affect the orderly development of the property or the preservation of property values.

F. Will promote and encourage the development of the proposed project by providing a greater degree of requisite certainty.

Nothing in the Development Agreement Amendment revises the scope of the project as approved by the City Council on July 16, 2019 and August 20, 2019, in which the project was found to be in conformance with the General Plan and Zoning standards applicable to this site, as well as those standards that were amended as part of General Plan Amendment (GPA-2017- 05, Resolution No. 19 -091). An extension in the number of years fo r which the project entitlement is valid for and a reduction in the voluntary community amenity payments would promote and encourage the development of the proposed project by providing a greater degree of requisite certainty.

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

Cupertino Village Boutique Hotel April 3, 2024
DA-2023-002 10801 N. Wolfe Rd. Page 8

Notice of Public Hearing and Intent, Site
Notice & Legal Ad
Agenda
 Site Signage (10 days prior to the hearing)
 Legal ad placed in newspaper (at least 10 days
prior to the hearing)
 Public hearing notices were mailed to
property owners within 300 feet (10 days prior
to the hearing)
 Posted on the City’s official notice
bulletin board (one week prior to the
hearing)
 Posted on the City of Cupertino’s
website ( one week prior to the
hearing)
Public Comments
Please refer to Attachment E for public comments.

Fiscal Impacts
The project will generate net positive fiscal impacts to the City’s annual budget due to the collection of Transient Occupancy Taxes (TOT) and property tax increases. This is estimated to be $1.2 million a year. As previously mentioned, to ensure collection of the TOT, a condition on the project is that reservations may not be made that exceed 29 consecutive nights of stay. Further, onetime payments in the form of impact and permit fees, as well as construction tax are estimated to be $2.8 million, of which $1.8 million would be allocated to the City’s BMR fund.

However, if Certificate of Occupancy for the Project is issued within five years of the Effective Date of the First Amendment , the Developer will be relieved of its obligations to make further Community Amenity Funding payments , or approximately up to $1.3 million.

Sustainability Impacts
The project will incorporate a green roof on the second floor and is designed to achieve LEED silver. Further, via the City’s Zero Waste Policy will require that the project recover and divert at least 65 percent of the construction waste generated by the project. Further, complying with the bird safe and dark sky ordinance, Cupertino Municipal Code Chapter

19.102: Glass and Lighting Standards, will ensure that lighting will be energy efficient.

California Environmental Quality Act
On July 16, 2019, the City of Cupertino adopted the Initial Study and Mitigated Negative Declaration, State Clearinghouse (SCH) Number 2018112025, and approved the project.

The Development Agreement extends the term of the entitlement up to eight years from the original entitlement, with no changes to the development scope. Therefore, the Cupertino Village Boutique Hotel April 3, 2024
DA-2023-002 10801 N. Wolfe Rd. Page 9

amended Development Agreement is in conformance with the previously adopted Mitigated Negative Declaration.

Under CEQA guidelines Section 15162 , no further environment al review is necessary since there are (1) no substantial changes to the project requiring major revisions to the MND because of new or substantially increased significant environmental effects of the project; (2) no substantial changes in circumstances requiring major revisions to the MND because of new or substantially increased significant environmental effects of the project; and (3) no new, previously unknown or unknowable, information of substantial importance showing: (a) new or substantially more se vere significant efforts than were discussed or shown in the MND; (b) that previously infeasible mitigation measures/alternatives are now feasible and would substantially reduce significant efforts; or (c) that considerably different mitigation measures than analyzed in the MND would substantially reduce significant effects.

Prepared by: Gian Paolo Martire, Senior Planner
Reviewed by: Piu Ghosh, Planning Manager
Luke Connolly, Assistant Director of Community Development Benjamin Fu, Director of Community Development
Approved for Submission by: Pamela Wu, City Manager
Attachments:

A – Draft Ordinance
B – Planning Commission Resolution No. 2024-03
C- Ordinance No. 19-2186
D- Justification Letter
E – Public Comments

CITY COUNCIL STAFF REPORT
Meeting: April 3, 2024
Subject
Amendment to a Development Agreement (DA -2018-01) for the De Anza Hotel Project from five to eight years and associated environmental review. (Application No(s): DA- 2023-003; Applicant(s): De Anza Properties (John Vidovich); Location: 10931 N De Anza Blvd.; APN: 326-10-061)
Recommended Actions
That the City Council conduct the public hearing and conduct the first reading of Ordinance No. 24-_____ (Attachment A):

1. Find the amendment to the existing development agreement consistent with the project's Mitigated Negative Declaration (State Clearinghouse No. 2019079010) and

2. Adopt the ordinance to amend the existing Development Agreement (DA-2023-003).

Reasons for Recommendation
Project Data:

General Plan Designation: Commercial/Residential
Special Area: Homestead Special Area (North De Anza Gateway) Zoning Designation: CG-rg –General Commercial with special development conditions per Ordinance No. 436

Project Consistency with
General Plan: Yes
Zoning: Yes
Environmental Assessment: Mitigated Negative Declaration (State Clearinghouse No. 2019079010)
De Anza Hotel April 3, 2024
DA-2023-003 10931 N De Anza Blvd. Page 2

Background:

The project site is located on the west
side of N. De Anza Boulevard between
Interstate 280 and Homestead Road, in
the North De Anza Gateway within
the Homestead Special Area. The
General Plan identifies the Homestead
Special Area as a major mixed -use
corridor that continues to be a
predominantly mixed-use area with a
series of neighborhood c ommercial
centers and multi-family housing. The
land uses allowed along N. De Anza
Boulevard, between Interstate 280 and
the shared city boundary with
Sunnyvale, include residential and commercial (which allow hotel uses with a Conditional Use Permit).

The existing use of the site is a 8,323-square-foot auto repair center , Goodyear Tires .

Access to the site is via two driveways from N. De Anza Boulevard, along the north and south property lines, both of which also provide access for the Homestead Shopping center and its loading/service areas, located to the west of the project site . Other surrounding uses include a strip shopping center to the north, a 96 -unit, three -story condominium complex to the southwest, the four-story Cupertino Inn (126 rooms) to the south and the 140-unit, three-story, Aviare apartment development to the east, across N.

De Anza Boulevard. Heights of the various buildings range from one story to four stories up to a maximum height of 45 feet.

Application Request
On March 3, 2020, the City Council approved a General Plan Amendment (GPA-2018-01, Resolution No. 20 -006), a Development Permit (DP -2018-01, Resolution No. 20 -007) an Architectural and Site Approval Permit (ASA -2018-02, Resolution No. 20 -008), a Use Permit (U-2018-02, Resolution No. 20-009), Mitigated Negative Declaration (EA-2018-03, Resolution No. 20 -005), and subsequently on April 21, 2020, conducted the second reading to adopt a Development Agreement (Attachment 2 - Ordinance No. 20-2195) to allow construction of the following:
 A new seven-story, 155-room hotel;
 New restaurant with separate bar on the ground floor;  Rooftop lounge with separate bar;
 Conference Meeting Rooms; and
Figure 1 Location of Subject Property
De Anza Hotel April 3, 2024
DA-2023-003 10931 N De Anza Blvd. Page 3

 Updated landscaping along the perimeter of the property, including updated frontage improvements to provide pedestrian accessibility.

The applicant, John Vidovich of De Anza Properties, applied to amend the approved Development Agreement (DA-2023-003) to extend the total term by three years, from five years to eight. If the amendment is not approved, the project approval entitlement would expire on April 21, 2025.

Planning Commission Recommendation
The Planning Commission convened at a regular scheduled hearing on March 12, 2024, to consider the proposed amendment to a Development Agreement . The Planning Commission recommended ( 4-0, Madhdhipatla absent) that City Council adopt the proposed amendments to the Development Agreement as indicated in Exhibit A of Planning Commission Resolution No. 2024 -03 (Attachment B) , with the following modification:
 Development Agreement to require that the project comply with the bird safe and dark sky ordinance, Cupertino Municipal Code Chapter 19.102: Glass and Lighting Standards.

The Planning Commission’s recommended modifications have been incorpora ted into the Draft Ordinance (Attachment A).

Discussion
Development Agreement
In May 2015, the City Council adopted a process by which the Council would authorize projects proposing General Plan Amendments, taking into consideration voluntary community amenities in four categories ( School Resources, Public Open Space, Public Facilities, Transportation Facilities ) offered with any proposal request ing the City to consider changing its General Plan. The Development Agreement approved with such projects include voluntary community amenities offered by the project applicant through this General Plan Amendment Authorization process. These voluntary community amenities were incorporated as terms of the D evelopment Agreement, which also included terms that offered the conventional certainty regarding regulations, standards, and conditions that would apply to the project during the life of the D evelopment Agreement. The DeAnza Hotel Development Agreement has a five-year term, ending on April 21, 2025.

De Anza Hotel April 3, 2024
DA-2023-003 10931 N De Anza Blvd. Page 4

Impact fees that are standard or required, such as housing and school fees, are not included in the consideration of voluntary community amenities. Voluntary community amenities are characterized as voluntary contribution s more than required fees or requirements. The voluntary community amenitie s included in the DeAnza Hotel Development Agreement are outlined below. Key provisions from the 2020 Development Agreement include:

1. Community Amenity Funding : The Developer agree d to pay the City $ 500,000 in installments, which is available for the City’s use in any part of the City to benefit residents, businesses, and visitors, including on projects that will enhance and enrich the experience of City residents, retail and restaur ant customers, and hotel guests closest to the project. Candidates to receive these funds include local transportation facilities, Transportation Management Association start -up costs, local public art, and landscaping beautification improvements in public parks, parkways, or roadway medians. To date, the applicant has made $2 50,000 in payments as obligated.

2. Shuttle Service: The Developer agreed to provide access to a shuttle service to hotel guests, people traveling to or from the hotel that use the hotel ’s meeting rooms for functions, and, subject to availability, nearby residents, businesses , and the general public to travel between the hotel and airports and major employment centers.

3. Meeting Rooms: The Developer agreed to allow the City and Cupertino public schools the use of the hotel’s meeting rooms for official business for up to 12 days per year, subject to availability.

4. Rooftop Amenity: The Project would include an enclosed publicly accessible rooftop amenity including, but not limited to, outdoor deck seating, bar, or restaurant, not to exceed the height of any rooftop mechanical equipment enclosure, for as long as the Project is in operation, all or in part, as a hotel.

5. Minimum Hotel Standard: The Developer committed to maintaining the project as an upscale boutique hotel, which means that the hotel will charge higher rates and provide amenities superior to most hotels.

The applicant is requesting to extend the total term from five years to eight. As described in the applicant’s justification letter (Attachment 3), various factors have contributed to the delay in applying for Building Permits to construct the entitled hotel. Per the justification letter, the lingering effects of the COVID pandemic, which include prices of goods and materials tripling, as well as the business travel industry (which is generally a significant portion of the hotel guests in Cupertino) being slow to recover from employees not required to return in -person fulltime have affected the hospitality De Anza Hotel April 3, 2024
DA-2023-003 10931 N De Anza Blvd. Page 5

industry. Other extenuating circumstances, such as the conflict in the Ukraine, have stalled necessary delivery and availability of aluminum and elevator systems.

Once operational, the project is expected to generate net positive f iscal impacts to the City’s annual budget due to the collection of Transient Occupancy Taxes (TOT) and property tax increases is estimated to be $1 million a year. As such, City staff has negotiated with the applicant the following amendments to the development agreement to ensure development of the project as approved by City Council:
 The term of the agreement extended to the (8th) anniversary of the Effective Date (April 21, 2028).
 In the event the Developer submits for a Building Permit for the core and shell of the hotel within three years of the Effective Date of the 1st Amendment, the Term of the agreement is automatically extended for two additional years, for a total of five years, i.e., until April 21, 2030.
 If Certificate of Occupancy for the Project is issued within five years of the Effective Date of the First Amendment (April 21, 2029) Developer shall be relieved of its obligations to make further Community Amenity Funding payments.  Any proposed revisions to the amount of parking and/or parking layout, are treated as an Administrative Project Amendment and not subject to an amendment to this agreement.

Staff Analysis
The proposed amendments to the Development Agreement as listed above allow for the developer to submit for building permits at a time that is economically feasible. General Plan Strategy LU-9.1.3: Economic Development and Business Retention encourages the City to attract new businesses and retain existing businesses that add to municipal revenues, and contribute to econo mic vitality to the community. Adding incentives to the Development Agreement for the completion and occupancy of the hotel will add much needed TOT and sales tax revenue to the City’s general fund.

Lastly, by streamlining a process for parking modificati ons by not requiring further amendments to the Development Agreement, the developer is able to save on costs, and timing to encourage the development of the Hotel.

The amendments to the Development Agreement do not revise the scope of the project .

The developer will continue to be obligated to meet all other agreements for voluntary community amenities, as well as compliance with all approved aspects of applicable General Plan standards and other development regulations. The developers of the project have further indicated that they have no objections to the Planning Commission’s De Anza Hotel April 3, 2024
DA-2023-003 10931 N De Anza Blvd. Page 6

recommended modification requiring that the project comply with the bird safe and dark sky ordinance.

Cupertino Municipal Code Findings
The Cupertino Municipal Code includes fin dings for approval of various permits necessary to approve the proposed project. These provide a framework for making decisions and facilitating an orderly analysis of the review of a project. Listed below are the findings for the Development Agreement sought by the applicant that the City must make in rendering a decision whether to grant an exception on this project.

Development Agreement (CMC 19.144.110)
A. Is consistent with the objectives, policies, general land uses and programs specified in the General plan and any applicable specific plan;
General Plan Strategy LU -9.1.3: Economic Development and Business Retention – Encourages the City attract new businesses and retain existing businesses that provide local shopping and services, add to municipal revenues, contribute to economic vitality, and enhance the City’s physical environment. Approving the requested amendment supports and facilitates a potential revenue generating use for the City, with added community benefits that include restaurant and comm unity shuttle services. Nothing in the Development Agreement Amendment revises the scope of the project as approved by the City Council on March 3, 2020 and April 21, 2020, in which the project was found to be in conformance with the General Plan and Zoning standards applicable to this site, as well as those standards that were amended as part of General Plan Amendment (GPA-2018-01, Resolution No. 20-006).

B. Is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is or will be located; Nothing in the Development Agreement Amendment revises the scope of the project as approved by the City Council on March 3, 2020 and April 21, 2020, in which the project was found to be in conformance with the General Plan and Zoning standards applicable to this site, as well as those standards that were amended as part of General Plan Amendment (GPA-2018- 01, Resolution No. 20-006).

C. Is in conformity with and will promote public convenience, general welfare and good land use practice;
Nothing in the Develo pment Agreement Amendment revises the scope of the project as approved by the City Council on March 3, 2020 and April 21, 2020, in which the project was found to be in conformance with the General Plan and Zoning standards applicable to this site, as well as those standards that were amended as part of General Plan Amendment (GPA-2018- 01, Resolution No. 20 -006). Extending the expiration of the Development Agreement, or future revisions to the amount of parking and/or parking layout, to be treated as an De Anza Hotel April 3, 2024
DA-2023-003 10931 N De Anza Blvd. Page 7

Administrative Project Amendment will not be at odds with promoting public convenience, general welfare and good land use practice.

D. Will not be detrimental to the health, safety and general welfare; Nothing in the Development Agreement Amendment revises the s cope of the project as approved by the City Council on March 3, 2020, and April 21, 2020, in which the project was found to be in conformance with the General Plan and Zoning standards applicable to this site, as well as those standards that were amended as part of General Plan Amendment (GPA-2018- 01, Resolution No. 20 -006). Further, on March 3, 2020, the City of Cupertino adopted the Initial Study and Mitigated Negative Declaration, State Clearinghouse (SCH) Number 2019079010, and approved the project. Th e Development Agreement extends the term of the entitlement up to eight years from the original entitlement, with no changes to the development scope.

E. Will not adversely affect the orderly development of property or the preservation of property values; and
Nothing in the Development Agreement Amendment revises the scope of the project as approved by the City Council on March 3, 2020, and April 21, 2020, in which the project was found to be in conformance with the General Plan and Zoning standards applicable to this site, as well as those standards that were amended as part of General Plan Amendment (GPA-2018- 01, Resolution No. 20-006). The treatment of the amount of parking or revisions to the parking layout as an Administrative Amendment would not affect the orderly development of the property or the preservation of property values.

F. Will promote and encourage the development of the proposed project by providing a greater degree of requisite certainty.

Nothing in the Development Agreement Amendment revises the scope of the project as approved by the City Council on March 3, 2020, and April 21, 2020, in which the project was found to be in conformance with the General Plan and Zoning standards applicable to this site, as well as those standards that were amended as part of General Plan Amendment (GPA-2018- 01, Resolution No. 20 -006). An extension in the number of years for which the proje ct entitlement is valid for and a reduction in the voluntary community amenity payments would promote and encourage the development of the proposed project by providing a greater degree of requisite certainty.

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

De Anza Hotel April 3, 2024
DA-2023-003 10931 N De Anza Blvd. Page 8

Fiscal Impacts
The project will generate net positive fiscal impacts to the City’s annual budget due to the collection of Transient Occupancy Taxes (TOT) and property tax increases . This is estimated to be $1 million a year. As previously mentioned, to ensure collection of the TOT, a condition on the project is that reservations may not be made that exceed 29 consecutive nights of stay. Further, onetime payments in the form of impact and permit fees, as well as construction tax are estimated to be $2. 9 million, of which $ 2 million would be allocated to the City’s BMR fund.

19.102: Glass and Lighting Standards, will ensure that lighting will be energy efficient.

California Environmental Quality Act
On March 3, 2020, the City of Cupertino adopted the Initial Study and Mitigated Negative Declaration, State Clearinghouse (SCH) Number 2019079010, and approved the project.

Since this Development Agreement Amendment extends the term of the entitlement up to eight years from the original entitlement with no changes to the development scope, De Anza Hotel April 3, 2024
DA-2023-003 10931 N De Anza Blvd. Page 9

the agreement is still in conformance with the Mitigated Negative Declaration and no further environmental review is necessary.

Under CEQA guidelines Section 15162 , no further environmental review is necessary since there are (1) no substantial changes to the project requiring major revisions to the MND because of new or substantially increased significant environmental effects of the project; (2) no substantial changes in circumstances requiring major revisions to the MND because of new or substantially increased significant environmental effects of the project; and (3) no new, previously unknown or unknowable, information of substantial importance showing: (a) new or substantially more severe significant efforts than were discussed or shown in the MND; (b) that previo usly infeasible mitigation measures/alternatives are now feasible and would substantially reduce significant efforts; or (c) that considerably different mitigation measures than analyzed in the MND would substantially reduce significant effects.

Attachments:

A – Draft Ordinance
B – Planning Commission Resolution No. 2024-03
C- Ordinance No. 20-2195
D- Justification Letter
E – Public Comments

From: Connie Cunningham
To: City Clerk; City Council; Pamela Wu
Subject: 2024-4-3 CC Public Hearing: Agenda Item 8 De Anza Hotel Project Date: Tuesday, April 2, 2024 5:49:41 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
2024-4-3 CC Public Hearing: Agenda Item 8 De Anza Hotel Project Dear Mayor Mohan, Vice-Mayor Fruen, Councilmembers and City Manager, I compliment Gian Martire, Senior Planner, for his excellent Staff Report. I am excited to see that the applicant, De Anza Properties, John Vidovich, has agreed to comply with Cupertino's Bird Safe Design and Dark Skies Ordinance! It was a thrill on March 12, 2024, to see the Planning Commission vote to make the recommendation that the project comply with the ordinance. Thank you, John Vidovich, for taking this step.

Birds cannot protect themselves as their habitat changes. Only people can protect them.

Studies have shown millions of birds die each year from colliding with glass. Millions more are harmed because their night migration is disrupted by city lights. Cupertino is located on the Pacific Flyway. Birds like the Yellow-crowned Sparrow migrate 3000 miles to spend the winter here. This De Anza Hotel will be 7 stories tall with a rooftop lounge with separate bar.

Complying with the Cupertino Ordinance will protect night-time migrating birds, and birds that will hit glass during the day.

I urge Council to approve the application as recommended.

I urge Council to ask this question about the Cupertino Bird-Safe and Dark Skies Ordinance for every project that comes before the Council.

I urge the City Manager to ask this question of every project in Cupertino.

This Golden-crowned Sparrow was in my yard. This particular bird flew 3000 miles from Alaska to live here! There are 40 other species of birds that live in or near my neighborhood. Western Bluebirds, Cedar Waxwings, Red-Shouldered Hawks, Red-Tailed Hawks…. It is a joy to me to see them fly and hear them sing.

Sincerely, Connie L Cunningham
Housing Commission Chair, self only
Audubon member
From: Rhoda Fry
To: City Clerk; City Council
Subject: City Council 4/3/2024 Hotel Item 7 - please make sure that latest and greatest building codes + bird safe/dark skies are used for this project
Date: Wednesday, April 3, 2024 3:29:59 PM
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Dear City Council,
For City Council 4/3/2024 Hotel Item 7 - please make sure that latest and greatest building codes + bird safe/dark skies are used for this project
Thanks, Rhoda Fry
Virus-free.www.avg.com
From: Rhoda Fry
To: City Clerk; City Council
Subject: City Council 4/3/2024 Hotel Item 8 - please make sure that latest and greatest building codes + bird safe/dark skies are used for this project
Date: Wednesday, April 3, 2024 3:30:33 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Dear City Council,
For City Council 4/3/2024 Hotel Item 8 - please make sure that latest and greatest building codes + bird safe/dark skies are used for this project
Thanks, Rhoda Fry
Virus-free.www.avg.com
CC 04-03-2024
Item #9
Memorial Park Specific
Plan Design
Written
Communications
From: A Wu
To: City Clerk
Subject: News Article on Mercury News about Pickleball in Cupertino and the Memorial Park Revitalization Plan Date: Tuesday, April 2, 2024 3:29:11 PM
Attachments: 2024-04-01 Mercury News.pdf
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Dear City Clerk,
Would you forward the following email to all Coucilmembers. This is relevant to a group of the pickleball community speaking about Item 9 in the April 3 City Council meeting. Thank you!
- Albert Wu
———————
Dear Councilmembers,
Mercury News has recently interviewed the Cupertino Memorial Park pickleball community, and an article was published a day ago. I believe Mercury News will follow up on the April 3 Council Meeting and continue reporting the story.

The link to the article is
https://www.mercurynews.com/2024/04/01/cupertino-to-deliberate-adding-pickleball-courts- to-memorial-park-re-design/
The text is as follows:

Cupertino to deliberate adding pickleball courts to Memorial Park re-design By Stephanie Lam
PUBLISHED: April 1, 2024 at 3:51 p.m.

UPDATED: April 2, 2024 at 4:35 a.m.

The Cupertino City Council will deliberate Wednesday whether to approve a re-design of Memorial Park that includes eight long-desired pickleball courts, part of an ongoing plan to improve the area’s amenities. Located along Stevens Creek Boulevard just east of Highway 85, two of the six tennis courts at Memorial Park are reserved for pickleball under the city’s trial program. Although the courts are small, locals say the sport is so popular that more than 80 players can be seen playing and queuing at a time. They are urging the council to approve the design, which includes a designated pickleball court area located in the southeast corner of the park. “Pickleball is that sport which binds a community,” local player Catherine Chiu said in a statement, “and is one that this City Council would want to nurture.” Currently, only one court is striped for pickleball, and players need to bring their own striping and nets for the other. Determined to make the court and equipment accessible for all, a group of players even launched a GoFundMe in December 2023 to raise money for painter’s tape, four nets and other items for public use.
“If there’s one word to summarize the pickleball experience at (Memorial Park), it is joy,” Chiu said. “We feel joy of the sport on the courts, and joy among new-found friends off the courts.”
The re-design of Memorial Park is part of a wider city plan to improve the infrastructure and accessibility within the park. The total project cost to to revitalize the park is estimated to be approximately $83 million. Online surveys, community webinars and interviews were conducted in 2022 and 2023 to determine what the new design should include. Popular amenities include multi-use pathways, bike-friendly access points, expanded picnic areas, nature and inclusive playgrounds and dedicated pickleball courts. “We did a good deal of public outreach over the last couple of years,” said Susan Michael, Capital Improvement Programs Manager in Cupertino. ” We had over 3,000 people respond and give us their opinions about what they wanted. The pickleball community definitely spoke up, and the pickleball courts are already quite well used. That’s why we put it in the design.” Requests to add designated pickleball courts in city spaces have been widespread in California, especially in the Bay Area. With more than 700 places to play, California has more pickleball courts then any other state. California will need to build 3,748 courts at a projected cost of $131.2 million to keep up with demand over the next five to seven years, according to a 2023 Sports & Fitness Industry Association report.

In the Bay Area, new courts have been established in dozens of cities, including nearby Los Gatos and Sunnyvale. Milpitas is considering making its temporary courts permanent, a move that has been met with enthusiasm from players and resistance by some locals.

Memorial isn’t the only city park getting an upgrade. Nearby Jollyman Park will be the site of Cupertino’s first all-inclusive playground, which is slated to start construction this summer.

The play area will addresses the needs of all ages and abilities, including those with Autism Spectrum Disorder, sensory challenges, visual and auditory impairments, cognitive, developmental and physical disabilities, as well as medically fragile people. © 2024 The Mercury News
——————-
I am attaching a PDF file of the article to this e-mail. I am one of the organizers of the Cupertino Pickleball Club, which has over 470 menbers as of today. We do hope very much that the City Council will approve the revitalization plan that includes eight dedicated pickleball courts. Refinement of the design can be done with inputs from the community. We thank you all.

Sincerely,
Albert Wu
[email protected]
https://www.mercurynews.com/2024/04/01/cupertino-to-deliberate-adding-pickleball-courts- to-memorial-park-re-design/
Cupertino to deliberate adding pickleball courts to Memorial Park re-design By Stephanie Lam
PUBLISHED: April 1, 2024 at 3:51 p.m. | UPDATED: April 2, 2024 at 4:35 a.m.

Located along Stevens Creek Boulevard just east of Highway 85, two of the six tennis courts at Memorial Park are reserved for pickleball under the city’s trial program. Although the courts are small, locals say the sport is so popular that more than 80 players can be seen playing and queuing at a time. They are urging the council to approve the design, which includes a designated pickleball court area located in the southeast corner of the park. “Pickleball is that sport which binds a community,” local player Catherine Chiu said in a statement, “and is one that this City Council would want to nurture.” Currently, only one court is striped for pickleball, and players need to bring their own striping and nets for the other. Determined to make the court and equipment accessible for all, a group of players even launched a GoFundMe in December 2023 to raise money for painter’s tape, four nets and other items for public use.
“If there’s one word to summarize the pickleball experience at (Memorial Park), it is joy,” Chiu said. “We feel joy of the sport on the courts, and joy among new-found friends oﬀ the courts.” The re-design of Memorial Park is part of a wider city plan to improve the infrastructure and accessibility within the park. The total project cost to to revitalize the park is estimated to be approximately $83 million. Online surveys, community webinars and interviews were conducted in 2022 and 2023 to determine what the new design should include. Popular amenities include multi-use pathways, bike-friendly access points, expanded picnic areas, nature and inclusive playgrounds and dedicated pickleball courts. “We did a good deal of public outreach over the last couple of years,” said Susan Michael, Capital Improvement Programs Manager in Cupertino. ” We had over 3,000 people respond and give us their opinions about what they wanted. The pickleball community deﬁnitely spoke up, and the pickleball courts are already quite well used. That’s why we put it in the design.” Requests to add designated pickleball courts in city spaces have been widespread in California, especially in the Bay Area. With more than 700 places to play, California has more pickleball courts then any other state. California will need to build 3,748 courts at a projected cost of $131.2 million to keep up with demand over the next ﬁve to seven years, according to a 2023 Sports & Fitness Industry Association report.

Memorial isn’t the only city park getting an upgrade. Nearby Jollyman Park will be the site of Cupertino’s ﬁrst all-inclusive playground, which is slated to start construction this summer. The play area will addresses the needs of all ages and abilities, including those with Autism Spectrum Disorder, sensory challenges, visual and auditory impairments, cognitive, developmental and physical disabilities, as well as medically fragile people. © 2024 The Mercury News
From: SUZANNE ABECKET
To: City Clerk
Subject: Please post to the City"s website re Apr 3 Council Meeting Date: Tuesday, April 2, 2024 2:25:21 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Dear Cupertino City Council Members,
As a concerned homeowner of The Commons of Cupertino, I am writing to express my strong opposition to the proposal to install 8 pickleball courts and additional parking along Anton Way in Memorial Park. This project would have severe negative consequences for our residential community, the Park itself, and the Cty's commitment to environmental stewardship.

Key concerns:

1. Significant noise pollution: Pickleball generates high-decibel noise, with paddles registering between 1,100-1,200 hertz and reaching a near-harmful range of 85+ decibels when striking the ball. This noise level is comparable to an alarm clock or vacuum cleaner, and prolonged exposure can lead to hearing damage and other health issues. The increased noise from players, car doors, and traffic would significantly disrupt our neighborhood's peace and quiet.

2. Close proximity to homes: The proposed courts and parking are located in close proximity to our homes, amplifying the noise and traffic issues. Court lighting would also be intrusive.

This infringement on our right to peaceful enjoyment of our property is unacceptable and could lead to decreased property values and a lower quality of life.

3. Lack of community outreach: The city failed to engage our community in discussing the potential problems or exploring alternative options. This lack of transparency and communication demonstrates a disregard for the concerns and well-being of local residents.

4. Inconsistency with resident preferences: Past surveys (2016 and 2017) have consistently shown that Cupertino residents prioritize access to natural open spaces and park trails. The 2020 Parks and Recreation System Master Plan also emphasizes preserving natural habitats and creating environments that foster social cohesiveness. Installing pickleball courts contradicts these preferences and goals, signaling a lack of commitment to the wishes of Cupertino residents.

5. Environmental impact: Converting green spaces into concrete courts would be detrimental to the environment, contributing to urban heat island effects, reduced biodiversity, and increased stormwater runoff. This contradicts the city's stated goal of achieving a balance between built and natural environments in the park and its overall commitment to environmental sustainability.

6. Fairness and equity: It is unjust to prioritize the interests of a small group of people (pickleball players, compared to the total Cupertino population), over the wishes of the majority of Cupertino residents who value the park's serene setting and natural beauty. The city should strive to make decisions that benefit the entire community, not just a select few.

Furthermore, numerous cities across the United States have faced similar issues with pickleball noise disrupting residential communities. In some cases, homeowners have resorted to legal action to protect their rights and quality of life. By moving forward with this proposal, the City of Cupertino risks exposing itself to potential lawsuits and damaging its reputation as a community that values its residents' well-being.

I urge you to reconsider this proposal and explore alternative locations for pickleball courts that would not have such a profound negative impact on our community and Memorial Park.

Please prioritize the preferences, health, and well-being of Cupertino residents by preserving the park's natural environment and tranquility.

Thank you for your attention to this critical matter.

Suzanne a’Becket, Cupertino, CA 95014

From: [email protected] <[email protected]>
Sent: Monday, April 1, 2024 2:14 PM
To: Sheila Mohan <[email protected]>; Hung Wei <[email protected]>; J.R. Fruen <[email protected]>; Kitty Moore <[email protected]>; Liang Chao <[email protected]>; Chad Mosley <[email protected]>; Rachelle Sander <[email protected]>
Subject: FYI RE APRIL 3 AND PICKLEBALL PROBLEMS

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Pickleball noise is fueling neighborhood drama from coast ...

Los Angeles Times
https://www.latimes.com › california › story › picklebal...

Mar 3, 2022 — Researchers have shown that the sound of a solid pickleball paddle hitting one of the sport's hard plastic wiffleball-like balls can be more ...

Homeowners are increasingly taking legal action over ...

KPBS
https://www.kpbs.org › quality-of-life › 2023/09/05 › h...

Sep 5, 2023 — Pickleball noise is pitting homeowners against players, and some disputes are winding up in court.

The real pickleball wars are off the court

New York Post
https://nypost.com › pickleball-creates-headaches-lawsuits Oct 20, 2023 — Various communities across the US are grappling with noise complaints, sparking disputes and even lawsuits. Some residents are fed up with the ...

EXCLUSIVE: More residents are threatening legal action because of pickleball noise | ARLnow.com : r/law - Reddi

Reddit - Dive into anything

From: Nori N <[email protected]>
Sent: Wednesday, March 27, 2024 3:02 PM
To: Sheila Mohan <[email protected]>; J.R. Fruen <[email protected]>; Liang Chao <[email protected]>; Kitty Moore <[email protected]>; Hung Wei <[email protected]>; Chad Mosley <[email protected]>; Susan Michael <[email protected]>; Rachelle Sander <[email protected]> Subject: URGNT: Please stay Pickleball courts where they are now. Not to move to Anton

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

Hi Mayor Mohan, Vice Mayor Fruen, Councilmember Chao, Councilmember Moore, Councilmember Wei, Public Works Director Mosley, CIA Manager Michael, and Park and Recreation Director Sander,

We, residents in the Commons next to the Memorial Park are devastated and very concerned the news of placing 8 pickleball courts next to our complex on Anton Way. Anton Way is narrow road. The high pitch loud noise impact many people, not only pickleball noise, but also loud shouting players' sound. Hearing the noise all day may cause hearing and health problem.

The current tennis court is the ideal location away from the playground, Amphitheater, Passive Garden Walk or Veterans Memorial.

I talked to pickleball members. They are happy where they are now. They can sit at bleachers area and watch other games and chat as the social gathering. They want City to allow 2 tennis courts to be designated Pickleball courts. I walk Memorial park everyday.

Tennis courts are often not fully used. 1 or 2 courts are often empty. In fact, all tennis courts were empty this afternoon. Only pickleball players were playing. So, it is the best location for pickleball players continue to use 2 tennis courts. They are happy where they are now. In addition, City can save $1,200,000.

Pease leave the pickleball courts where they are now and allow those 2 courts to be designated for Pickleball. City also save $1,200,000.

Please kindly consider us, residents in the Commons complex.

Regards,
Nori

From: Rhoda Fry
To: City Clerk; City Council
Subject: city council meeting 4/3/2024 Memorial Park #9 Date: Wednesday, April 3, 2024 3:57:53 PM
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Regarding city council meeting 4/3/2024 Memorial Park #9 How much money did we spend on this proposal?
The proposed cost is outrageous. $87M???
And we haven’t even started work on Jollyman Park yet, which was supposed to have started last fall – what happened? (and in hindsight would we have been better off money-wise with rainbow bridge?)
Memorial Park is functional now.

Please wait until we know what the status is of the CDTFA audit - - - do we or do we not owe the State $80M?
And we’ve seen charts of a structural deficit going 10 years out – what happens at year 11 and beyond?
The community is being asked to give up all sorts of things because the City is unable to increase its sales-tax-base – we don’t need another vanity project.

And we need to fix our infrastructure that is broken rather than start more new projects.

I thought we had seismic issues at City Hall that have been in need of repair since 2005. Is that not true anymore?
Let’s get our priorities straight.

For now, please do nothing with this project.

Thanks,
Rhoda Fry
Virus-free.www.avg.com
From: Barry Whall
To: City Clerk
Subject: Input for the 4/3/24 City Council Meeting
Date: Wednesday, April 3, 2024 3:43:37 PM
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Cupertino City Council,
Was hoping to attend the meeting tonight, but we will likely still be awaiting discharge by the time of the meeting so not able to attend. Do want offer a note regarding item #9, the Memorial Park Specific Plan, on the agenda tonight. Specifically, the plans for pickleball courts near the residential homes next to the park. We are one of the residents on Congress place.

I am torn on the pickleball question. I have played a few times with friends and enjoyed it and plan to play more now that I am retired. I have even walked to the courts in memorial park rackets in hand and left because the line was so long. Our house backs up to Memorial Park (10115 Congress Place) on the far side from the tennis courts, facing the Gazebo. At night we can hear the pickleball noise from the current courts, but it is pretty faint so not an issue. But as we walk around and get closer to the courts it is pretty loud. I have not walked off the distance from our house to the proposed courts, but the folks close to the proposed site will get the noise for sure.

We back-up to the park and some of the events get a bit loud, but that is only for a few hours on about a dozen weekends and a dozen Thursday nights a year. So having the park with events and some noise is a fine trade-off. The issue with pickleball for the folks who live near the courts is that they get noise, both from the ball and the players. Assuming folks play from 8am to 10pm anytime the weather is good that is 14 hours a day 7 days a week any time it is not raining. Quick math indicates that is around 30,000 hours a year of noise. I think that is too much to ask of homeowners for a community benefit.

My suggestion would be for the city to reach agreement on an acceptable distance between the public courts and housing to manage court placement. I googled the question as preparation for our talk and saw estimates of 1000 feet. I would err on the side of a longer distance, even well beyond 1000-feet, given that we are asking folks to tolerate it as a constant noise irritant and not an occasional issue. Can we use the current set-up in the park as a testing area for placing a few markers at 500 feet, 1000 feet, 1500 feet, and 2000 feet for people to experience the exact distances. Also, not sure if other cities have found non-ugly fencing or plantings to help mitigate the noise. Might help.

Not sure if placing courts parallel to Steven Creek near the sidewalk is an option vs along Anton Way, that would open some distance to the houses. Not great for the Senior Center, but that is not a residential building so less of a burden. Seems like the city has a decent amount of room between Anton Way and the patch of trees near the Senior Center.

Given that once the courts are built, we will not likely change course, would suggest waiting to close out the plan until any open questions are addressed. Assume whatever plan we develop for Memorial Park can apply to other requests in Cupertino.

So net/net I am in favor of adding courts with a long distance and good sound proofing to residential housing, erring on the side of having a good deal of extra distance given they will get used 14 hours a day (or 10 to 12 hours w/o lights).

Also saw as a part of the proposal to allow parking on Anton Way. Currently that street is too narrow for traffic when vehicles are parked. Hopefully not planning to pave more of the park for parking with De Anza collage parking right across the street and Mary Avenue typically not full.

-Barry Whall and Carol Ozaki
From: Skyler Berry
To: City Clerk
Subject: Opposition to Proposed Pickleball Courts in Memorial Park Date: Wednesday, April 3, 2024 2:38:25 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Dear Cupertino City Council/City Clerk,
I am writing to you as the grandson of a concerned resident who lives across the street from Memorial Park. My grandmother has recently brought to my attention the proposed plan to install pickleball courts and parking along Anton Way in the park. As someone who hopes to one day inherit my grandmother's home and continue to be a part of this wonderful community, I must express my strong opposition to this proposal.

The installation of pickleball courts in such close proximity to residential homes would create a significant amount of noise pollution, with studies showing that the high-decibel, persistent noise generated by pickleball can reach up to 85 decibels, which is comparable to the noise levels of leaf blowers or power tools. This level of noise would not only be a nuisance to nearby residents but could also pose serious health risks, particularly to older individuals like my grandmother. Moreover, the increased traffic and congestion brought about by the pickleball courts would further diminish the quality of life for those living in the area.

As a young person who values the importance of green spaces and natural environments, I am deeply concerned about the potential removal of greenery and its replacement with concrete courts. The City of Cupertino has invested significant resources in recent years to enhance the natural beauty of Memorial Park, creating a space where people can relax, study, and enjoy the outdoors. It would be a shame to see this progress undone, especially when the city's own surveys have shown that the majority of residents want the park to remain a place of nature, with a focus on trails and natural open spaces.

Furthermore, I believe that the city should prioritize the utilization of existing resources, such as the pickleball courts already present within Memorial Park and the underutilized tennis courts that could be repurposed for pickleball, before considering the construction of new courts. The Cupertino Sports Center also offers both tennis and pickleball facilities, which could be better promoted to meet the demand for these sports without infringing upon the peace and well-being of nearby residents.

As a future homeowner and taxpayer in Cupertino, I urge the City Council to reject this proposal and instead focus on maintaining and enhancing the natural beauty of Memorial Park.

By preserving this green space and prioritizing the wishes of the community, you will be ensuring that Cupertino remains a desirable place to live for generations to come.

Thank you for your consideration of this important matter.

Sincerely,
Skyler Berry
Concerned Future Resident of Cupertino
From: Rajvi Shah
To: City Clerk; Hung Wei; Sheila Mohan; J.R. Fruen; Liang Chao; Kitty Moore; Rachelle Sander Subject: Memorial Park Redevelopment Plan and Pickle Ball Court Placements Date: Wednesday, April 3, 2024 1:43:12 PM
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Hello all,
I am a resident of Commons of Cupertino and writing to put on record my serious concerns about the several elements of the Memorial Park Specific Plan Design and the lack of community outreach to the residents that are directly impacted as a result of this plan.

As part of the final plan, there is a proposal to relocate 8 Pickleball courts and new parking stalls parallel to the Anton Drive. Here are some of our concerns - (1) An extremely high noise level from Pickle Ball courts that may directly impact the residents of Commons of Cupertino for almost 14 hours a day, 7 days a week. (2) Traffic congestion at Anton Dr - This is an already narrow street without any side walks.

Installing more parking stalls and creating more traffic flow where the street barely allows for a two way traffic creates significant risks of traffic accidents. (3) We understand the popularity of Pickleball and need for the courts - there can be a better location for the court within the park. Court alignment parallel to the Stevens Creek Blvd - and away from any residences would be a better design.

There has been no outreach from the city with respect to the relocation of the Pickleball court to the residents who will be directly impacted by these courts. Please reconsider the MPSP design as proposed. This will negatively impact daily quality of life of residents of our neighborhood.

Regards,
Rajvi Shah
Resident - 10125 Congress Pl, Cupertino CA
From: Avinash Padmanabhan
To: City Council; Pamela Wu; Matt Morley
Subject: NO on Memorial Park updates
Date: Wednesday, April 3, 2024 6:30:49 AM
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Hi,
I am writing in to voice my opposition to the use of city funds to the tune of $84 million for Memorial Park upgrades.

The city is already running a deficit and it would not be prudent to spend this much amount for the park. And to top it off, there are plans to reduce the tree cover which is ill advised Best,
Avinash Padmanabhan
From: Amit Barave
To: City Council; Pamela Wu; Matt Morley; City Clerk
Subject: Concerns around Memorial Park renovation spend Date: Tuesday, April 2, 2024 6:04:09 PM
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Respected Office bearers,
I am writing as a grateful Cupertino resident who loves the city and respects the effort and consideration city council members and staff put in.

I got to know about Memorial Park renovation agenda item from a post on Nextdoor and immediately got concerned and thought of sharing those with you all.

While a face-lift to memorial park will be amazing, the spend projected in the document totalks up to $84M. Should we be signing up to spend such an amount while the city may be staring at a debt? Not too long ago, there was a proposal to re-purpose CSC (sports center) since the city might be short of funds; there are active concerns within the residents on school closures or lack of funds for schools.

We should be able to provide a face lift to the memorial park with a much smaller spend based on what has been done to some of the other parks. If we are going to spend such an amount can we first put in place some guardrails so we won't go back to putting CSC in jeopardy or cut school funding or support moves that result in public school closures while private schools pop up?
Thank you for your kind consideration.

Best regards,
Amit Barave
From: Caryl Gorska
To: Sheila Mohan; Hung Wei; Kitty Moore; Liang Chao; J.R. Fruen Cc: City Clerk; City Attorney"s Office
Subject: No pickleball courts in Memorial Park!
Date: Wednesday, April 3, 2024 1:27:29 PM
Dear Mayor Mohan and esteemed City Council members,
I live in the Commons of Cupertino, a community of 60 homes bordered on two sides by Memorial Park. I understand you are planning to put eight pickleball courts directly across the street from us. Please don’t do it. Pickleball courts have no business being near people’s homes.

If you google "pickleball noise" you get a deluge of articles, like this one from the NY Times:

Shattered Nerves, Sleepless Nights: Pickleball Noise Is Driving Everyone Nuts
The incessant pop-pop-pop of the fast-growing sport has brought on a nationwide scourge of unneighborly clashes, petitions, calls to the police and lawsuits, with no solution in sight.

1. Pickeball is LOUD. In fact, within a 100-foot radius the volume is 70 db, against Cupertino law: https://codelibrary.amlegal.com/codes/cupertino/latest/cupertino_ca/0-0-0-85999 ) Land Use at Point of Origin Maximum Noise Level at Complaint Site of Receiving Property
Nighttime Daytime
Residential 50 dBA 60 dBA
Nonresidential 55 dBA 65 dBA
*Frequent pickleball sounds are typically about 70 dBa at about 100 feet away from the strike of the ball.

Residents in homes located in a quiet residential area, that are within 100 feet from pickleball courts are used to noise levels of 40 dBa, therefore the level of pickleball noise is 30 decibels louder. And, remember, each time you increase a sound level by 10 decibels, it will sound twice as loud. So, an increase of 30 decibels is (10dB+10dB+10dB) or 2x as loud x 2x as loud x 2x as loud, or 8 times as loud. That’s a significant increase in loudness. https://crazypickleballlady.com/2021/07/13/the-sound-of-pickleball-a-detailed- explanation-and-what-you-need-to-consider-before-building-courts/

2. But it’s not just the volume. It’s the pitch.

Professor Kausik Sarkar at George Washington University, who studies complex sonic problems, says,""Most of the noise made by hitting a tennis ball is in the low frequencies, below the zone to which we are most sensitive. A pickleball strike has a higher pitch, meaning our ears catch more of the noise it makes. It’s that higher frequency that makes the clamor of pickleball clearer from farther away compared to tennis.” https://www.wusa9.com/article/news/verify/pickleball-neighborhood-noise- science-behind-the-sound/65-ba57280d-a46f-4de3-b51d-f6e630192f7c "We're not equally sensitive to all frequencies, so we have a very nonlinear frequency response," said American University audio technology professor Braxton Boren. Put simply, our ears are really good at picking up mid-frequency noises, even when they’re relatively quiet. “A certain
amount of sound pressure at those frequencies will actually sound louder than the same amount of sound pressure at a very low frequency or at a very high frequency," Boren said. https://www.wusa9.com/article/news/verify/pickleball-neighborhood-noise-science-behind-the-sound/65-ba57280d-a46f- 4de3-b51d-f6e630192f7c

3. And the irregularity of the sound. Like dripping water.

Some sounds are scientifically more annoying, like dripping water compared to flowing water. It’s the irregularity of the sound. (same source as #2).

4. And it will be like this Al. Day. Long (and as late as 10 pm?) for our residents
I don’t see how you won’t be sued about this because we have children, families, people who work from home, and quiet retirees living at The Commons who won’t have any peace to live.

Pickleball courts tend to be in constant use.
perpetual pickleball pops
constant repetitive (but irregular) noise
the clatter is clearer from far away

5. And we can afford this, but not Shakespeare in the Park? And a complete overhaul of Memorial Park nobody asked for that will cost tens of $millions when we just are now getting to enjoy our grass? Your priorities and financial prudence are what seem in need of an overhaul.

Caryl Gorska
10103 Senate Way

From: Carol So <[email protected]>
Sent: Wednesday, April 3, 2024 3:18 PM
To: Carol So <[email protected]>
Subject: Fwd: Save Memorial Park

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Dear All,

I'm sure you have already received many emails from our neighbors about not installing new pickleball courts. I have recorded some footage for you to experience our concerns.

Please help to save our memorial park by not building any pickleball courts in it.

https://youtu.be/5IUGQNPXrP0

--
Blessings,
Carol So
Freedom Drive, Cupertino

From: Michael Hsu <[email protected]>
Sent: Wednesday, April 3, 2024 3:22 PM
To: Susan Michael <[email protected]>
Subject: Program Manager Susan Michael | Cupertino City Council Meeting April 3, 2024

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

Dear Susan,

I have a lot of respect and appreciation for you and your team - it's not easy making decisions knowing not everyone can be happy.

Yesterday, out of curiosity, I put myself in the shoes of someone who lives next to these pickleball courts. I stood outside at 10:30am - Very Loud. Walked 30 ft away - Loud. Walked 60 ft away - Clearly Audible. Walked 90 ft away - Finally Silence. (video of start of walk, video of full walk, map of walk attached).

I respectfully request that we all stay curious. Imagine ourselves in their shoes. Better yet, go, and experience it. Sit there, and listen. Imagine being at home, forced to listen to that sound every day from morning till 10pm.

How would you feel, and how would you vote?

Thank you,

Michael Hsu
21125 Freedom Dr.

Cupertino, CA 95014
408.896.3393

From: Kitty Moore
To: City Clerk; Pamela Wu
Subject: April 3, 2024 Agenda Item 9 Written Communications and Questions Date: Wednesday, April 3, 2024 4:11:46 PM
Dear City Clerk and City Manager,

Good afternoon, the following is for agenda item 9:

The Memorial Park Specific Plan Phase 1 Environmental Site Assessment by Cornerstone Earth Group in Appendix E indicates there was a business with a name which sounded like an historic cleaners at 21269 Stevens Creek Blvd. which first shows up as “Oaks Hygena Dry Clg.” in 1985, then “Astoria Cleaners” in 1992, 1995, and 2000. This would be the location of the current Westport project. The Westport DEIR did not appear to reference this business or show the businesses at each address which the Cornerstone Earth Group assessment did include (se PDF 743/1277 through PDF 756/1277). This could of course have been a laundromat or some other business.

Questions:

1. Was there an historic dry cleaners at 21269 Stevens Creek Blvd.?

2. I noticed some soil borings from about 9-10 years ago were included in the “Limited Site Characterization” of the Oaks site:
https://www.cupertino.org/home/showpublisheddocument/25500/637085631433500000

3. Was soil vapor testing conducted near this location, or deemed unnecessary?

4. What is the potential impact, if any, to Memorial Park?

Thank you,

Kitty Moore

Kitty Moore
Councilmember
City Council
[email protected]
(408) 777-1389

From: Tessa Parish
To: City Clerk; City Council
Subject: Pickle ball courts
Date: Wednesday, April 3, 2024 5:16:04 PM
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I think the location of the Pickle ball courts should be surveyed along with the other options for the park. The location chosen is unsightly and I believe allows for too much smog on the players. Please consider getting resident input and/or studied better.

Tessa Parish

Cupertino City CouncilApril 3, 2024

Cupertino City Council
April 3, 2024