CC 05-07-2024 Searchable Packet.pdf — Cupertino City Council, May 7, 2024 (part 2 of 2)

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Policy# 6801H899998
occupational therapist or occupational
therapy assistant, physical therapist or
speech-language pathologist; or
(b} First aid or "Good Samaritan services"
by any of your "employees" or "volunteer
workers", other than an employed or
volunteer doctor. Any such "employees"
or "volunteer workers" providing or failing
to provide first aid or "Good Samaritan
seNices" during their work hours for you
will be deemed to be acting within the
scope of their employment by you or
performing duties related to the conduct
of your business.

3. The following replaces the last sentence of
Paragraph 5. of SECTION Ill - LIMITS OF
INSURANCE:

For the purposes of determining the
applicable Each Occurrence Limit, all related
acts or omissions committed in providing or
failing to provide ''incidental medical
services", first aid or "Good Samaritan
services" to any one person will be deemed
to be one "occurrence".

4. The following exclusion is added to
Paragraph 2., Exclusions, of SECTION I -

COVERAGES - COVERAGE A - BOOIL Y

INJURY AND PROPERTY DAMAGE
LIABILITY:

Sale Of Pharmaceuticals
"Bodily injury" or "property damage" arising
out of the violation of a penal statute or
ordinance relating to the sale of
pharmaceuticals committed by, or with the
knowledge or consent of the insured.

5. The following is added to the DEFINITIONS
Section:
"Incidental medical services" means:
a. Medical, surgical, dental, laboratory, xray or nursing service or treatment, advice or instruction , or the related
furnishing of food or beverages; or
b. The furnishing or dispensing of drugs or
medical, dental, or surgical supplies or
appliances.

6. The following is added to Paragraph 4.b.,
Excess Insurance, of SECTION IV -

COMMERCIAL GENERAL LIABILITY
CONDITIONS:

This insurance is excess over any valid and
collectible other insurance, whether primary,
excess, contingent or on any other basis,

COMMERCIAL GENERAL LIABILITY
that is available to any of your "employees"
for "bodily injury" that arises out of providing
or failing to provide "incidental medical
services" to any person to the extent not
subject to Paragraph 2.a.(1) of Section II -
Who Is An Insured.

K. MEDICAL PAYMENTS- INCREASED LIMIT
The following replaces Paragraph 7. of
SECTION Ill - LIMITS OF INSURANCE:

7. Subject to Paragraph 5. above, the Medical
Expense Limit is the most we will pay under
Coverage C for all medical expenses
because of "bodily injury" sustained by any
one person, and will be the higher of:
a. $10,000; or
b. The amount shown in the Declarations of
this Coverage Part for Medical Expense
Limit.

L. AMENDMENT OF EXCESS INSURANCE

CONDITION - PROFESSIONAL LIABILITY
The following is added to Paragraph 4.b.,
Excess Insurance, of SECTION IV -

COMMERCIAL GENERAL LIABILITY
CONDITIONS:

This insurance is excess over any of the other
insurance, whether primary, excess, contingent
or on any other basis, that is Professional
Liability or similar coverage, to the extent the
loss is not subject to the professional services
exclusion of Coverage A or Coverage B.

M. BLANKET WAIVER OF SUBROGATION -

WHEN REQUIRED BY WRITTEN CONTRACT

OR AGREEMENT
The following is added to Paragraph 8., Transfer
Of Rights Of Recovery Against Others To Us,
of SECTION IV - COMMERCIAL GENERAL
LIABILITY CONDITIONS:

If the insured has agreed in a written contract or
agreement to waive that insured's right of
recovery against any person or organization, we
waive our right of recovery against such person
or organization, but only for payments we make
because of:
a. "Bodily injury" or "property damage" that
occurs ; or
b. "Personal and advertising injury" caused by
an offense that is committed;
subsequent to the signing of that contract or
agreement.

CG D3 79 0219 © 2017 The, Travelers Indemnity Company. All ri__ghts reserved. Page 5 of6 Includes copyrighted material of Insurance Services Office, Inc, With its permission. 122
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Policy: BA0S579947 COMMERCIAL AUTO
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

BLANKET ADDITIONAL INSURED
This endorsement modifies insurance provided under the following:

BUSINESS AUTO COVERAGE FORM

MOTOR CARRIER COVERAGE FORM
The following is added to Paragraph c. in A.1., Who
Is An Insured, of SECTION II - COVERED AUTOS
LIABILITY COVERAGE in the BUSINESS AUTO
COVERAGE FORM and Paragraph e. in A.1., Who Is
An Insured, of SECTION II - COVERED AUTOS
LIABILITY COVERAGE in the MOTOR CARRIER
COVERAGE FORM, whichever Coverage Form is
part of your policy:

This includes· any person or organization who you are
required under a written contract or agreement
between you and that person or organization, that is
signed by you before the "bodily injury" or ''property
damage" occurs and that is in effect during the policy
period, to name as an additional insured for Covered
Autos Liability Coverage, but only for damages to
which this insurance applies and only to the extent of
that person's or organization's liability for the conduct of another "insured".

CAT4370216 © 2016 The Travelers Indemnity Company. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, !he. with its permission. 123
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Policy#: BA0S579947 COMMERCIAL AUTO
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

BLANKET ADDITIONAL INSURED - PRIMARY AND

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

BUSINESS AUTO COVERAGE FORM

PROVISIONS

1. The following is added to Paragraph A 1.c., Who
Is An Insured, of SECTION II - COVERED
AUTOS LIABILITY COVERAGE:

This includes any person or organization who you
are required under a written contract or
agreement between you and that person or
organization. that is signed by you before the
''bodily injury'' or "property damage" occurs and
that is in effect during the policy period, to name
as an additional insured for Covered Autos
Liability Coverage, but only for damages to which
this insurance applies and only to the extent of
that person's or organization's liabTiity for the
conduct of another ''insured".

2. The following is added to Paragraph B.5., Other
Insurance of SECTION IV - BUSINESS AUTO
CONDITIONS:

Regardless of the provisions of paragraph a. and
paragraph d. of this part S. Other Insurance, this
insurance is primary to and non-contributory with
applicable other insurance under which an
additional insured person or organization is the
first named insured when the written contract or
agreement between you and that person or
organization, that is signed by you before the
"bodily Injury'' ot "property damage'' occurs and
that is in effect during the policy period, requires
this insurance to be primary and non-contributory,
CA T4 74 0216 ©2016 The Travelers Indemnity Company llright!tresef\led, Includes copyrighted material of Insurance Sef\lfces Olfioe, Inc. With Its permfss1on. 124
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Policy # BA0S579947 COMMERCIAL AUTO
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

BLANKET WAIVER OF SUBROGATION
This endorsement modifies insurance provided under the following:

AUTO DEALERS COVERAGE FORM

BUSINESS AUTO COVERAGE FORM

MOTOR CARRIER COVERAGE FORM
The following replaces Paragraph A.5., Transfer of
Rights Of Recovery Against Others To Us, of the
CONDITIONS Section:

5. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we tnay have
against any person or organization to the extent
required of you by a written contract executed
prior to any "accident" or "loss", provided that the
''accident" or "loss" arises out of the operations
contemplated by such contract. The waiver applies only to the person or organization designated in such contract.

CA T3 40 02 15 @2015 The Travelers lndernnity Company. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc. with its permission. 125
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~ TRAVELERSJ WORKERS COMPENSATION
AND

EMPLOYERS LIABILITY POLICY
ENDORSEMENT WC 99 03 76 ( A) -
POLICY NUMBER; UB2L553909

WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS

ENDORSEMENT - CALIFORNIA
(BLANKET WAIVER)
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule.

The additional premium for this endorsement shall be % of the California workers' compensation premium.

Schedule
Person or Organization Job Description
Any Person or organization for which the insured has agreed by written contract executed prior to loss to furnish this waiver.

This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated.
(The information below is required only when this endorsement is issued subsequent to preparation of the policy.)
ll'!surance Compan
Travele~ Property Casually Company of America
DATE OF ISSUE: 1112212021 Page 1 of 1
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SIGNED_MIG for Completion of the LawrenceMitty Park and Trail Master Plan Final Audit Report 2021-12-10
Created: 2021-12-09
By: Julia Kinst [email protected])
Status: Signed
Transaction ID: CBJCHBCAABAAR6Xfzh4HEGO82rG31 HaD5pFnhjwo4_5 11SIGNED_MIG for Completion of the Lawrence-Mitty Park and T rail Master Plan" History
~ Document created by Julia Kinst [email protected]) 2021-12-09 - 6:44:20 PM GMT- IP address: 64.165.34.3
0'0 Document approved by Julia Kinst [email protected]) Approval Date: 2021-12-09 - 6:46:26 PM GMT - Time Source: server- IP address: 64.165.34.3 ~ Document emailed to Araceli Alejandre ([email protected]) for approval 2021-12-09 • 6:46:37 PM GMT
0'o Document approved by Araceli Alejandre ([email protected]) Approval Date: 2021-12-09 • 11 :46:38 PM GMT - Time Source: server- IP address: 64.165.34.3 C Document emailed to Christopher D. Jensen ([email protected]) for signature 2021-12-09 - 11 :46:40 PM GMT
~ Email viewed by Christopher D. Jensen ([email protected]) 2021-12-10 - 0:10:03 AM GMT- IP address: 172.225.89.120 0'0 Document e-signed by Christopher D. Jensen ([email protected]) Signature Date: 2021-12-10 - 1 :44:16 AM GMT - Time Source: server- IP address: 136.24.42.212 D.. Document emailed to Dianne Thompson (she/her) ([email protected]) for signature 2021-12-10-1:44:19 AM GMT
'El Email viewed by Dianne Thompson (she/her) ([email protected]) 2021-12-10 - 3:22:41 AM GMT- IP address: 104.28.123.182 0o Document e-signed by Dianne Thompson (she/her) {[email protected]) Signature Date: 2021-12-10 - 3:26:12 AM GMT - Time Source: server- IP address: 99.179.16.200 II I • IE•<E
Adobe Sign
CVl"i ~INQ 127
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C! Document emailed to Kirsten Squarcia ([email protected]) for signature 2021-12-10 - 3:26:14 AM GMT
~ Email viewed by Kirsten Squarcia ([email protected]) 2021-12-10 - 4:33:36 AM GMT- IP address: 104.28.124.182 6o Document e-signed by Kirsten Squarcia ([email protected]) Signature Date: 2021-12-10 - 4:33:47 AM GMT - Time Source: server- IP address: 69.11 0.137.176 0 Agreement completed.
2021-12-10-4:33:47 AM GMT
c:vfl run-1Ho 128
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Draft 5th Amendment MIG for Lawrence Mitty
Park and Trail
Final Audit Report
Created:

By:

Status:

TransacHon ID:
2024-04-03
Jindy Gonzalez [email protected])
Signed
CBJCHBCAABAAy9prq2TQosGcc5195Ov1ZUnaep4ytGQq
2024-04-04
"Draft 5th Amendment MIG for Lawrence Mitty Park and Trail" Hi story
'El Document created by Jindy Gonzalez ([email protected]) 2024-04-03 -11:23:15 PM GMT
~ Document emailed to Chris Beynon ([email protected]) for signature 2024-04-03 -11:26:1 5 PM GMT
'El Email viewed by Chris Beynon ([email protected])
2024-04-03 - 11 :54:41 PM GMT
&0 Document e-signed by Chris Beynon ([email protected]) Signature Date: 2024-04-04 - 8:42:20 PM GMT - Time Source: server 0 Agreement completed.
2024-04-04 - 8:42:20 PM GMT
C',,lll"lftTINO
a I Powered by
Adobe
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----------------------------------------
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CITY COUNCIL STAFF REPORT

DESK ITEM
Meeting: April 16, 2024
Agenda Item #9
Subject
Approve a Fifth Amendment with Moore Iacofano Goltsman, Inc. (MIG) to provide additional design and project management services for the Lawrence-Mitty Park and Trail Project for a total not-to-exceed amount of $955,403 and extend the contract date to December 31, 2027.

Recommended Action
Authorize the City Manager to execute a fifth amendment (Agreement #402, P.O. 2022-0325) with MIG to extend the contract term end date to December 31, 2027, and to provide additional design and project management services on the Lawrence-Mitty Park and Trail Project, for a revised total and additional service amount of $661,619, increasing the maximum compensation amount to $955,403.

Background
Some pages in Attachment A needed to be re-scanned. Resubmitting for clarity.

Q1: Did the contract include payment for meals plus 5%? (Chao) Staff response: The previously executed agreement allows for reimbursement of expenses, including meals. Consultants submit their receipts when expenses are invoiced, and the reimbursable expenses typically include a percentage mark-up. MIG has not submitted any invoices for meals for this project.

Q1A: Did other contracts of the City also include payment for meals? (Chao) Staff response: Other City contracts allow for reimbursement of project-related expenses.

Q2: It is not clear from the staff report why there is a need to increase the contingency from 10% to 20%. Please provide rationale. (Chao)
Staff response: Staff reviews each project for the potential of unanticipated expenses. In this case, the complexity of the design and environmental work due to the project proximity to a waterway increases the likelihood of unanticipated expenses. It is noted in the staff report: “A 131
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20% contingency, rather than typical 10% contingency, is recommended to allow the Project team to address and respond to unknown issues that may be encountered during the extensive environmental review process.” Other projects, such as the DeAnza Bike Lanes involves a simplified scope and minimal opportunity for increased costs.

Q3: It is not clear from reading the staff report why there is a need to increase the contract amount. Please provide explanation. (Chao)
Staff response: There are two distinct needs for the contract. The first is an additional $15,000 to complete the current scope and finish CEQA documentation. This is a major project milestone.

The second need allows for the continued design of the project. The original agreement includes public outreach, environmental clearance, and design services through the end of Conceptual Design. This contract amendment augments the original agreement to include services for preparation of construction design documents, including acquisition of all of the necessary permitting, and construction support through the completion of the project.

Q4: MIG has been paid $341,819 to date, which included extensive community outreach and developing conceptual designs. The requested additional amount is $613,584, for "design and project management" for the next phase, not including construction, which is almost twice the amount paid so far. Why the cost for the next design phase is much higher? (Chao)
Staff response: The original agreement covered the design phase up to Conceptual Design and was projected to last one year (Exhibits A and B on pages 86-99 of Attachment A- Draft contract – Updated). The remainder of the project is estimated to require three years of work and will include Schematic Design, Design Development, Construction Documentation, environmental permitting, and approval, and bid and construction administration. As stated in the staff report, Design and Engineering costs typically fall within 15% to 20% of the overall project cost. The project budget that remains (after acquisition and annexation of the property) is roughly $6M. 15% - 20% of $6M is $900,000 to $1.2M. The proposed contract amendment would bring the maximum compensation to this consultant to $955,403, in alignment with anticipated design costs.

Q5: The cost matrix in the contract attachment is cut off due to the page size, can we have a replacement”
Staff Response: An updated draft Contract is provided.

Attachments Provided with Original Staff Report:

A. Draft Contract - Updated
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CITY OF CUPERTINO
Agenda Item
23-12651 Agenda Date: 5/7/2024
Agenda #: 5.

Subject: Approval of April 16, 2024 City Council minutes Approve the April 16, 2024 City Council minutes
CITY OF CUPERTINO Page 1 of 1 Printed on 5/1/2024
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DRAFT MINUTES

CUPERTINO CITY COUNCIL
Tuesday, April 16, 2024
At 6:45 p.m., Mayor Sheila Mohan called the Regular City Council Meeting to order and led the Pledge of Allegiance in the Cupertino Community Hall Council Chamber, 10350 Torre Avenue and via teleconference.

ROLL CALL

Present: Mayor Sheila Mohan, Vice Mayor J.R. Fruen, and Councilmembers Liang Chao, Kitty Moore, and Hung Wei. Absent: none.

CLOSED SESSION REPORT – None

CEREMONIAL ITEMS

1. Subject: Recognition of National Volunteer Week, April 21-27, 2024 Recommended Action: Recognize April 21-27, 2024 as National Volunteer Week Mayor Mohan recognized April 21-27, 2024 as National Volunteer Week.

POSTPONEMENTS AND ORDERS OF THE DAY

2. Subject: Fiscal Year 2024-25 Fee Schedule
Recommended Action: Continue the item to May 7, 2024
MOTION: Mohan moved and Wei seconded to continue the Fiscal Year 2024-25 Fee Schedule item to May 7, 2024. The motion carried with the following vote: Ayes: Mohan, Fruen, Chao, Moore, and Wei. Noes: None. Abstain: None. Absent: None.

ORAL COMMUNICATIONS
Written communications for this item included an email to Council.

The following members of the public spoke:
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Brooke Ezzat discussed Council actions and City project studies.

Donna Austin discussed resident communication and decorum.

Jennifer Griffin discussed housing bills and the California Coastal Commission.

Rhoda Fry discussed the City’s budget and banking.

San R discussed City outreach and incidents of panhandling.

Councilmembers requested the following information from staff:
 Informational memo on City funds in a non-interest bearing account.  Update on incidents of panhandling.

CONSENT CALENDAR (Items 3-10)
Items 6, 7, and 9 were pulled from the Consent Calendar by Councilmember Chao.

MOTION: Moore moved and Wei seconded to hear items 6 and 7 before the Action Calendar. The motion carried with the following vote: Ayes: Mohan, Fruen, Chao, Moore, and Wei. Noes: None.

Abstain: None. Absent: None.

Mayor Mohan opened the public comment period and the following members of the public spoke.

Rhoda Fry (Item 4)
Mayor Mohan closed the public comment period.

MOTION: Fruen moved and Wei seconded to approve the items on the Consent Calendar except as indicated. The motion carried with the following vote: Ayes: Mohan, Fruen, Chao, Moore, and Wei. Noes: None. Abstain: None. Absent: None.

Items 6 and 7 were moved after the Consent Calendar for consideration. Item 9 was placed after the Action Calendar for consideration per rule.

3. Subject: Approval of April 3, 2024 City Council minutes Recommended Action: Approve the April 3, 2024 City Council minutes

4. Subject: Ratifying Accounts Payable for the periods ending March 1, 2024; March 8, 2024; March 15, 2024; March 22, 2024; and March 29, 2024 Recommended Action: A. Adopt Resolution No. 24-031 ratifying Accounts Payable for the Period ending March 1, 2024;
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B. Adopt Resolution No. 24-032 ratifying Accounts Payable for the Period ending March 8, 2024;
C. Adopt Resolution No. 24-033 ratifying Accounts Payable for the Period ending March 15, 2024;
D. Adopt Resolution No. 24-034 ratifying Accounts Payable for the Period ending March 22, 2024; and
E. Adopt Resolution No. 24-035 ratifying Accounts Payable for the Period ending March 29, 2024
Written communications for this item included a supplemental report with staff responses to councilmember questions and an email to Council.

5. Subject: Adoption of Ordinance No. 24-2257, Regulating the Sale of Tobacco Products Recommended Action: Conduct the second reading and enact Ordinance No. 24-2257, entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING CHAPTER 5.50 OF TITLE 5 (BUSINESS LICENSES AND REGULATIONS) TO REGULATE THE SALE OF TOBACCO PRODUCTS”

8. Subject: Award a construction contract for the De Anza Boulevard Buffered Bike Lanes Project (Project) in the amount of $529,680 and approve a budget modification in the amount of $5,533.

Recommended Action: 1. Award a construction contract for the De Anza Boulevard Buffered Bike Lanes Project (Budget Unit 420-99-262) in the amount of $529,680 to Chrisp Company;

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

3. Adopt Resolution No. 24-036 approving budget modification #2324-237, approving an appropriation of $5,533 in the Capital Improvement Fund (420) and a transfer of $5,533 from the Capital Reserve Fund (429) to the project (budget unit 420-99-262 900-905) for a total authorized project expenditure of $529,680.

10. Subject: Fiscal Year (FY) 2024-25 recommended funding allocations for the Community Development Block Grant (CDBG) Program and Below Market Rate Affordable Housing Fund (BMR AHF)
Recommended Action: Authorize the City Manager to execute the FY 2024-25 Housing & Human Services Grant Programs funding agreements.

PUBLIC HEARINGS – None

ITEMS REMOVED FROM THE CONSENT CALENDAR
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6. Subject: Adoption of Ordinance No. 24-2258, 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 Action: Conduct the second reading and enact Ordinance No. 24-2258:
“AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO

APPROVING AN AMENDMENT TO A DEVELOPMENT AGREEMENT FOR THE CUPERTINO VILLAGE BOUTIQUE HOTEL"
Written communications for this item included an email to Council.

This item was pulled from the Consent Calendar for discussion and combined with Item 7 for consideration.

7. Subject: Adoption of Ordinance No. 24-2259, Amendment to a Development Agreement 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 Action: Conduct the second reading and enact Ordinance No. 24-2259:
“AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO

APPROVING AN AMENDMENT TO A DEVELOPMENT AGREEMENT FOR THE DE ANZA HOTEL PROJECT"
Written communications for this item included an email to Council.

This item was pulled from the Consent Calendar for discussion and combined with Item 6 for consideration.

Councilmembers disclosed any ex parte communications prior to deliberation.

Councilmembers asked questions and made comments.

Mayor Mohan opened the public comment period for Items 6 and 7 and the following members of the public spoke.

Jennifer Griffin
Jean Bedord
Rhoda Fry
Mayor Mohan closed the public comment period for Items 6 and 7. 137
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MOTION: Chao moved and Moore seconded the staff recommendations for Items 6 and 7 to:

1. Conduct the second reading and enact Ordinance No. 24-2258: “AN ORDINANCE

OF THE CITY COUNCIL OF THE CITY OF CUPERTINO APPROVING AN

AMENDMENT TO A DEVELOPMENT AGREEMENT FOR THE CUPERTINO
VILLAGE BOUTIQUE HOTEL"; and

2. Conduct the second reading and enact Ordinance No. 24-2259: “AN ORDINANCE

OF THE CITY COUNCIL OF THE CITY OF CUPERTINO APPROVING AN

AMENDMENT TO A DEVELOPMENT AGREEMENT FOR THE DE ANZA
HOTEL PROJECT."
The motion carried with the following vote: Ayes: Mohan, Fruen, Chao, Moore, and Wei.

Noes: None. Abstain: None. Absent: None.

ACTION CALENDAR

11. Subject: Potential service-level reductions for the FY 2024-25 Proposed and Final Budgets
Recommended Action: Provide confirmation on potential service-level reductions for the FY 2024-25 Proposed and Final Budgets
Presenters: Kristina Alfaro, Director of Administrative Services and Thomas Leung, Budget Manager
Written communications for this item included a staff presentation, a supplemental report and a desk item with staff responses to councilmember questions, Attachment B - ServiceLevel Reductions Staff Report 1.17.2024, Attachment C - Potential Service-Level Reductions Summary 1.17.2024, and emails to Council.

Director of Administrative Services Kristina Alfaro and Budget Manager Thomas Leung gave a presentation.

Councilmembers asked questions and made comments.

Mayor Mohan opened the public comment period and the following members of the public spoke.

Jennifer Griffin
Rhoda Fry
San R
Mayor Mohan closed the public comment period.
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MOTION: Moore moved and Chao seconded the staff recommendation to provide confirmation on potential service-level reductions for the FY 2024-25 Proposed and Final Budgets, with a modification that the budget for Internal Audit be retained at the current funding level of $100,000, and staff look for a potential funding source from the City Manager Discretionary Fund. Council did not vote on this motion.

SUBSTITUTE MOTION: Wei moved and Fruen seconded a substitute motion for the staff recommendation to provide confirmation on potential service-level reductions for the FY 2024-25 Proposed and Final Budgets. The substitute motion carried with the following vote: Ayes: Mohan, Fruen, Chao, Moore, and Wei. Noes: None. Abstain: None. Absent:

None.

STUDY SESSION

12. Subject: Study Session and staff presentation on the 6th Cycle Housing Element Update
Recommended Action: Receive the staff presentation on the 6th Cycle Housing Element Update
Presenter: Luke Connolly, Assistant Director of Community Development Written communications for this item included a staff presentation, a supplemental report with staff responses to councilmember questions, and emails to Council.

Assistant Director of Community Development Luke Connolly gave a presentation.

Councilmembers asked questions and made comments.

Mayor Mohan opened the public comment period and the following members of the public spoke.

Greg Endom, representing Marina Plaza Shopping Center
Jennifer Griffin
Jean Bedord
San R
Rhoda Fry
Louise Saadati
Mayor Mohan closed the public comment period.

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ITEMS REMOVED FROM THE CONSENT CALENDAR - CONTINUED

9. Subject: Approve a fifth amendment with Moore Iacofano Goltsman, Inc. (MIG) to provide additional design and project management services for the Lawrence-Mitty Park and Trail Project for a total not-to-exceed amount of $955,403 and extend the contract date to December 31, 2027.

Recommended Action: Authorize the City Manager to execute a fifth amendment (Agreement #402, P.O 2022-0325) with MIG to extend the contract term end date to December 31, 2027, and to provide additional design and project management services on the Lawrence-Mitty Park and Trail Project, for a revised total and additional service amount of $661,619, increasing the maximum compensation amount to $955,403.

Written communications for this item included a supplemental report and a desk item with staff responses to councilmember questions, Attachment A - Updated Draft Contract, and emails to Council.

This item was pulled from the Consent Calendar for discussion and then continued to the May 7, 2024 City Council meeting.

CITY MANAGER REPORT
Council did not hear this item.

ORAL COMMUNICATIONS - CONTINUED - None

COUNCILMEMBER REPORTS

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

FUTURE AGENDA ITEMS
Council did not hear this item.

RECESS
At 9:56 p.m., Mayor Mohan recessed the meeting. At 10:04 p.m. Mayor Mohan reconvened the meeting in City Hall Conference Room C, 10300 Torre Avenue. 140
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City Council Minutes April 16, 2024

Page 8 ends

ROLL CALL

Present: Mayor Sheila Mohan, Vice Mayor J.R. Fruen, and Councilmembers Liang Chao, Kitty Moore, and Hung Wei. Absent: none.

CLOSED SESSION
In open session prior to closed session, Mayor Mohan opened the public comment period regarding any item on the agenda. No members of the public requested to speak, and Mayor Mohan closed the public comment period.

14. Subject: Conference with legal counsel - existing litigation pursuant to Government Code § 54956.9 (Lewis & Tibbits, Inc. v. City of Cupertino, Santa Clara County Superior Court Case No. 23CV423990)
Council met with legal counsel on the existing litigation (Lewis & Tibbits, Inc. v. City of Cupertino, Santa Clara County Superior Court Case No. 23CV423990).

OPEN SESSION REPORT REGARDING CLOSED SESSION
City Attorney Jensen conducted the open session report regarding closed session. City Attorney Jensen reported that the City Council voted to approve a settlement to the claimant Lewis & Tibbits, Inc. in the amount of $45,000 to resolve all claims.

ADJOURNMENT
At 10:19 p.m., Mayor Mohan adjourned the Regular City Council Meeting.

Minutes prepared by:
_________________________
Kirsten Squarcia, City Clerk
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CITY OF CUPERTINO
Agenda Item
24-12963 Agenda Date: 5/7/2024
Agenda #: 6.

Subject: Setting a hearing date of June 18, 2024 to declare brush with potential fire hazard a public nuisance and for objections to proposed removal through the Cupertino Brush Abatement Program (Wildland-Urban Interface Fire Area); and adopting a resolution declaring properties as having potential fire hazards from brush and authorizing removal
Adopt Resolution No 24-037 declaring properties as having potential fire hazards from brush; and set a hearing date of June 18, 2024 to declare brush with potential fire hazard a public nuisance and to hear objections to proposed removal
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1 CITY COUNCIL STAFF REPORT
Meeting: May 7, 2024
Subject
Setting a hearing date of June 18, 2024 to declare brush with potential fire hazard a public nuisance and for objections to proposed removal through the Cupertino Brush Abatement Program (Wildland-Urban Interface Fire Area); and adopting a resolution declaring properties as having potential fire hazards from brush and authorizing removal.

Recommended Action
Adopt Resolution No 24-___ declaring properties as having potential fire hazards from brush; and set a hearing date of June 18, 2024 to declare brush with potential fire hazard a public nuisance and to hear objections to proposed removal.

Reasons for Recommendation
The Cupertino Brush Abatement Program is a separate program from the County Weed Abatement Program that works to protect the City from wildfire risk by reducing potential fuel, such as brush, for hillside areas. This program is managed by the Santa Clara County Fire Department. Cupertino Municipal Code Section 16.40.200 requires property owners in the locally adopted Wildland-Urban Interface Fire Area (WUI) to maintain effective defensible space by removing brush, flammable vegetation and combustible growth when required by the fire code official due to steepness of terrain or other conditions. All properties in the WUI area are subject to the requirements of the Brush Abatement Program (Attachment F). The Program authorizes the County to remove the brush if the property owner does not and to recover the cost of abatement.

Each year, homeowners are reminded that they must remove brush and vegetation from around their home to comply with the minimum fire safe regulations. On February 22, 2024, County Fire mailed a community wildfire preparedness packet to residents, including the enforced safety regulations (Attachments B-E).

Fire crews begin conducting property inspections in early April of each year. A notice of inspection is delivered to homes in advance (Attachment G). Properties that are found to be out of compliance with the enforced safety regulations are issued a notice of violation requesting corrections (Attachment H). All properties must comply before June 1. After 143
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2 June 1, non-compliant properties are referred for mandatory abatement by an assigned County contractor. The costs associated with the abatement work for that parcel are placed on the homeowner’s property tax bill.

To proceed with the annual brush abatement process, staff recommends adopting the draft resolution declaring properties as having potential fire hazards from brush; and setting a hearing date of June 18, 2024 to declare brush with potential fire hazard a public nuisance and to hear objections to proposed removal (Attachment A). If the resolution is not adopted, the County Fire will be unable to authorize abatement work performed by a contractor on properties that are not in compliance with the vegetation clearance requirements.

Sustainability Impact
There are no sustainability impacts.

Fiscal Impact
There are no fiscal impacts at this step in the process. Any costs associated with the program are charged to property owners, as determined at the lien assessment hearing in July. The City Council holds the hearing, considers any disputes, and adopts a resolution placing a lien assessment on the properties to allow the County to recover the cost of weed and/or brush abatement.

California Environmental Quality Act
Weed abatement activities are exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines section 15304 (minor alteration to land). _____________________________________
Prepared by: Kirsten Squarcia, City Clerk
Reviewed by: Pamela Wu, City Manager
Attachments:

A - Draft Resolution
B – Property owner 30’ WUI Letter
C - Property owner 100’ WUI Letter
D – Wildfire Preparedness Flyer
E - Chipping Program Flyer
F – Cupertino WUI Map
G - Notice of Inspection
H - Notice of Violation
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RESOLUTION NO. 24-

A RESOLUTION OF THE CUPERTINO CITY COUNCIL

DECLARING PROPERTIES AS HAVING POTENTIAL FIRE HAZARDS

FROM BRUSH AND SETTING A PUBLIC HEARING TO DECLARE A

PUBLIC NUISANCE AND FOR OBJECTIONS TO PROPOSED REMOVAL
WHEREAS, brush is growing in the City of Cupertino upon certain streets, sidewalks, highways, roads and private property; and
WHEREAS, said brush may attain such growth as to become a fire menace or which are otherwise noxious or dangerous; and
WHEREAS, said brush appears to be a public nuisance;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino does hereby declare:

1. That said brush does now appear to be a public nuisance and potential fire hazard;

2. That said condition and potential fire hazard exists upon all of the streets, sidewalks, highways, roads, and private property more particularly described by common names or by reference to the tract, block, lot, code area, and parcel number on the report to be provided by the Santa Clara County Fire Department;

3. That the 18th day of June, 2024, at the hour of 6:45 p.m., or as soon thereafter as the matter can be heard, in the Council Chamber in the Community Hall, City of Cupertino and via teleconference, with details on how to attend the meeting appearing on the City Council agenda for that date, are hereby set as the time and place to determine whether the condition is a public nuisance and where all property owners having any objections to the proposed removal of such brush may be heard;

4. That the Santa Clara County Fire Marshal is hereby designated and ordered as the person to give notice of the adoption of this resolution in the manner and form provided in Section 16.40.200 of the Cupertino Municipal Code.
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Resolution No. 24-

Page 2 ends

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 7th day of May, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

SIGNED:
________
Sheila Mohan, Mayor
City of Cupertino
________________________
Date
ATTEST:
________
Kirsten Squarcia, City Clerk
________________________
Date
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Dear Property Owner,
National Wildfire Community Preparedness Day will take place on Saturday, May 4th. Take action to protect your home and community against the threat of wildfire by attending one of several upcoming community wildfire preparedness workshops. Please see the enclosed flyer for more information and register today.

As a property owner in a designated Fire Hazard Severity Zone of the Wildland Urban Interface, you must comply with the minimum fire-safe regulations. Self-inspections are a key component in achieving fire resilience for residents and the community. Included in this packet is a property self-inspection card. Please complete this card and return by mail or online using the provided QR code.

Your property is in a High/Moderate Fire Hazard Severity Zone of the Wildland Urban Interface Area and requires 30 feet of defensible space from all structures. Defensible space is the necessary buffer created around a structure when combustible vegetation is removed or reduced. The enforced safety regulations for your property include:

Enforced Safety Regulations (Items A - F)
A. Create 30 feet of defensible space around your home. To accomplish this, you must clear flammable vegetation a minimum of 30 feet around structures.

B. Remove pine needles, leaves, and other dead vegetation from roofs, eaves and rain gutters.

C. Trim tree limbs 10 feet from chimneys and stove pipes; remove dead limbs that hang over rooftops.

D. Remove all non-fire-resistive vegetation a minimum of 10 feet on each side of a fire apparatus access road or driveway.

E. Cover chimney outlets or flues with a 1/2” mesh spark arrester.

F. Post a clearly visible house address, using at least 4” high numbers, for easy identification. For homes located more than 50 feet from the street, post address numbers at the driveway entrance.

Additional Safety Recommendations
• Create and maintain a 5-foot noncombustible zone around all structures, including decks. • Clear 10 feet around and 15 feet above fuels (e.g., woodpiles, lumber, and scrap). Move woodpiles as far away as possible from all structures.
• Clear vegetation and other combustible material from underneath decks. Enclose elevated decks with fire-resistive materials.
• Trees 18 feet or taller should be limbed up 6 feet from the ground. Provide additional vertical clearance when trees have vegetation beneath them.

February 22, 2024
RE: <<Property Address>> / APN: <<APN>>

SANTA CLARA COUNTY FIRE DEPARTMENT
ATTN: FIRE PREVENTION DIVISION
1315 DELL AVENUE
CAMPBELL, CA 95008-6609
<<Owner Name>>
<<Owner Address>>
<<Owner City>>, <<Owner State>> <<Owner ZIP Code>>
<<Endorsement Line>>
<<Owner Name>>
<<Owner Address>>
<<Owner City>>, <<Owner State>> <<Owner ZIP Code>>

FFFFFFFFFFFFFFFFFFFF
PLACE
STAMP
HERE
CUPERTINO 30'
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Owner Responsibilities:

1. Please ensure that your property satisfies the listed requirements. You have the option to complete the required work yourself or hire a contractor. For information about vegetation abatement services, visit WeedAbatement.SCCgov.org or call 408.282.3145.

2. Please either complete and return the attached property self-inspection card OR scan the QR Code below to report the current status of your property before April 1, 2024.

Inspection Schedule:

On April 1, 2024, SCCFD will begin conducting property inspections. Property owners not in compliance will be notified of what work needs to be completed to comply with the Enforced Safety Regulations. Please contact us if you are unable to complete the required work due to late season rains or other special circumstance.

On June 1, 2024, we will begin conducting re-inspections of the properties that were out of compliance at the time of the first property inspection. If your property fails to comply with Items A, B, C, or D of the Enforced Safety Regulations specified above, the compliance work will be completed by the City of Cupertino’s authorized contractor, and the charges for this service will appear on your next property tax bill.

If you have concerns regarding the safety compliance of your property, courtesy property inspections will be available April 1st through April 12th. To schedule a courtesy property inspection provided by SCCFD or for more information, please contact the Fire Prevention Division at [email protected] or call 408.341.4420.

Sincerely,
Hector R. Estrada, Deputy Chief
Fire Prevention Division
Choose ONE:

1. Scan the QR code below with a smartphone camera to submit your response online OR

2. Complete and mail the attached information card below.

Evacuation Zone ID:

Private Access Key: Or Online: qrs.ly/syej73x
<<ZoneID>>
<<AccessKey>>
Option 1 - Respond Online
I have received the annual Wildland Urban Interface (WUI) Enforced Safety Regulations letter related to flammable vegetation abatement. The current status of my property is as follows (choose one):
□ I have inspected my property for flammable vegetation clearance and believe it complies with the Enforced Safety Regulations. I understand that an inspection of my property may be conducted to verify compliance. □ I will remove flammable vegetation around all structures on my property in accordance with the Enforced Safety Regulations no later than June 1, 2024. I understand that if the required work is not completed, the authorized contractor may complete the work and the charges will appear on my next property tax bill. □ I am no longer the owner of this property.
□ There are no structures on this property.

Name (print clearly): ____________________________________________________ Date: _________________ Phone: (______)____________________ Email: __________________________________________________ Property Address: <<Property Address>>
Option 2 - Respond by Mail
Resources and Information
California Department of Insurance: www.insurance.ca.gov • 800.927.4357 Provides information about all types of insurance, including insurance coverage and limits for high fire risk areas Santa Clara County FireSafe Council: www.SCCFireSafe.org • 408.975.9591 Protects and educates communities at risk from wildfire through fuel reduction programs, outreach and community planning efforts Santa Clara County Weed Abatement Program: WeedAbatement.SCCgov.org • 408.282.3145 Provides community education and hazard abatement services to protect communities from fire hazards AlertSCC Emergency Alerts Genasys Protect: Know Your Zone AlertSCC.org Protect.Genasys.com
Visit protect.genasys.com to view/verify your Evacuation ZONE# 148
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Dear Property Owner,
National Wildfire Community Preparedness Day will take place on Saturday, May 4th. Take action to protect your home and community against the threat of wildfire by attending one of several upcoming community wildfire preparedness workshops. Please see the enclosed flyer for more information and register today.

Your property is in a Very High Fire Hazard Severity Zone of the Wildland Urban Interface Area and requires 100 feet of defensible space from all structures. Defensible space is the necessary buffer created around a structure when combustible vegetation is removed or reduced. The enforced safety regulations for your property include:

Enforced Safety Regulations (Items A - F)
A. Create 100 feet of defensible space around your home. To accomplish this, you must clear flammable vegetation a minimum of 30 feet around structures. Additionally, create a reduced fuel zone for the remaining 70 feet (or to the property line).

B. Remove pine needles, leaves, and other dead vegetation from roofs, eaves and rain gutters.

C. Trim tree limbs 10 feet from chimneys and stove pipes; remove dead limbs that hang over rooftops.

D. Remove all non-fire-resistive vegetation a minimum of 10 feet on each side of a fire apparatus access road or driveway.

E. Cover chimney outlets or flues with a 1/2” mesh spark arrester.

F. Post a clearly visible house address, using at least 4” high numbers, for easy identification. For homes located more than 50 feet from the street, post address numbers at the driveway entrance.

February 22, 2024
RE: <<Property Address>> / APN: <<APN>>

FFFFFFFFFFFFFFFFFFFF
PLACE
STAMP
HERE
CUPERTINO 100'
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Owner Responsibilities:

2. Please either complete and return the attached property self-inspection card OR scan the QR Code below to report the current status of your property before April 1, 2024.

Inspection Schedule:

Sincerely,
Hector R. Estrada, Deputy Chief
Fire Prevention Division
Choose ONE:

1. Scan the QR code below with a smartphone camera to submit your response online OR

2. Complete and mail the attached information card below.

Evacuation Zone ID:

Name (print clearly): ____________________________________________________ Date: _________________ Phone: (______)____________________ Email: __________________________________________________ Property Address: <<Property Address>>
Option 2 - Respond by Mail
Resources and Information
California Department of Insurance: www.insurance.ca.gov • 800.927.4357 Provides information about all types of insurance, including insurance coverage and limits for high fire risk areas Santa Clara County FireSafe Council: www.SCCFireSafe.org • 408.975.9591 Protects and educates communities at risk from wildfire through fuel reduction programs, outreach and community planning efforts Santa Clara County Weed Abatement Program: WeedAbatement.SCCgov.org • 408.282.3145 Provides community education and hazard abatement services to protect communities from fire hazards AlertSCC Emergency Alerts Genasys Protect: Know Your Zone AlertSCC.org Protect.Genasys.com
Visit protect.genasys.com to view/verify your Evacuation ZONE# 150
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REGISTER TODAY!
SCCFD.EVENTBRITE.COM

SCAN FOR

MORE INFO
PARTICIPATING AGENCIES:
2024 WORKSHOPS

READY, SET, GO

EVACUATION PLANNING AND READINESS

BUYING, SELLING AND INSURING A HOME IN THE

WILDLAND URBAN INTERFACE (WUI)

DATE WORKSHOP LOCATION TIME
Proudly serving Campbell, Cupertino, Los Altos, Los Altos Hills, Los Gatos, Monte Sereno, Saratoga and the surrounding unicorporated communities.
• Making your home and property more fire resilient
• Developing a wildfire action plan
• How to respond to extreme fire conditions
• Emergency notification systems

LOS GATOS/MONTE SERENO

ADDISON-PENZAK JEWISH

COMMUNITY CENTER AUDITORIUM
APRIL30
TUESDAY 6:00 TO 8:00 PM

LEXINGTON BASIN/SUMMIT
PAVILION @ REDWOOD ESTATES
MAY4

SATURDAY
MAY 8

WEDNESDAY
MAY 14

TUESDAY

LOS ALTOS HILLS

LOS ALTOS HILLS TOWN HALL

SARATOGA/CUPERTINO

JOAN PISANI COMMUNITY CENTER
• Know the escape routes from your neighborhood
• Understand evacuation terminology
• Monitor conditions using trusted sources of information • What to do if you become trapped
• What is CA Assembly Bill 38
• Scheduling a property inspection when selling a home in the WUI • Accessible home insurance in high-risk areas
• Policy cost saving incentives
• Creating a resilient California insurance market
REV 12.01.23
10:00 TO 12:00 PM
6:00 TO 8:00 PM
6:00 TO 8:00 PM
14855 Oka Road, Los Gatos
21450 Madrone Drive, Los Gatos
26379 Fremont Road, Los Altos Hills
19655 Allendale Avenue, Saratoga
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Stay Connected
Private Fire
Hydrant Info
Online Applications Open March 11th
Applications will be accepted in the order received
Space is limited, apply early
Community
Chipping
Program
FireSafe Council
The Santa Clara County FireSafe
Council Chipping Program is a FREE
program designed to assist residents
and communities in their efforts to
create and maintain adequate and
safe defensible space by processing or
disposing vegetative material such as
brush and tree branches. Required
defensible space clearing is 0-100 feet
from permanent structures. Due to
the varying natures of hillside
neighborhoods, different types of
chipping services may be necessary.

Residents sign up for a
scheduled chipping event
to be performed at their
home. Brush must be
prepared in advance of
scheduled chipping event &
meet all specified guidelines
At Home Chipping
On a predesignated date,
residents drive their bush
to a designated location
within the community & it is
chipped on site
Drive Up Chipping Event
Neighborhood Chipping Services About The Chipping Program 14380 Saratoga Avenue, Saratoga, CA 95070
408.975.9591 • www.sccfiresafe.org
Rev.1.16.24
Santa Clara County
2024
For more information, visit:
www.sccfiresafe.org
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Private Fire Hydrant Maintenance
Do you have a fire hydrant on your property?
1315 Dell Avenue, Campbell, CA 95008
www.sccfd.org • 408.378.4010
To learn more, scan or visit:

Private fire hydrants, often called "wharf hydrants",
supply water for residential fire protection on private property. They provide firefighters with an immediate
water supply to extinguish flames and prevent the spread of fire to nearby structures or vegetation.

To ensure private hydrants remain accessible and
operational at all times, homeowners must perform
regular inspections and annual maintenance.
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SCCFD Officer Name & Title (print)
Santa Clara County Fire Department
408.378.4010 • [email protected]
Proudly serving Campbell, Cupertino,
Los Altos, Los Altos Hills, Los Gatos,
Monte Sereno, Saratoga, & unincorporated
communities within Santa Clara County
FIRE PREVENTION–WHITE OWNER/RESIDENT–MANILA CARDSTOCK

ALL PROPERTIES WITHIN THE DESIGNATED FIRE HAZARD SEVERITY ZONES

OF THE WUI MUST COMPLY WITH THE ENFORCED SAFETY REGULATIONS PRIOR TO JUNE 1st EVERY YEAR. A RE-INSPECTION WILL OCCUR ON OR AFTER 15 DAYS OF THIS INSPECTION NOTICE. IF, AT THAT TIME, THE REQUIRED

CLEARANCE OF FLAMMABLE VEGETATION HAS NOT BEEN COMPLETED,

A NOTICE OF VIOLATION WILL BE ISSUED TO THE PROPERTY OWNER AND REFERRED TO THE LOCAL JURISDICTION FOR CODE ENFORCEMENT.

DATE:_______________________________________________
ADDRESS:___________________________________________
___________________________________________________
APN#_______________________________________________
Property Owner and/or Community Resident:

The Santa Clara County Fire Department (SCCFD) is
conducting property inspections in your neighborhood. Your property is not in compliance with the enforced Wildland Urban Interface (WUI) safety regulations checked below:

A. 

B. 
C. 
D. 
E. 
F. q
WWW.SCCFD.ORG
Comments: _______________________________________
___________________________________________________
__________________________________________________
___________________________________________________
Create 30 feet of defensible space around your home.

To accomplish this, clear all flammable vegetation a
minimum of 30 feet (or to the property line) around
structures.

Create 100 feet of defensible space around your home.

To accomplish this, create a green zone by clearing all flammable vegetation 30 feet around structures and
create a reduced fuel zone for the remaining 70 feet or to your property line.

Remove pine needles, leaves, and other dead vegetation
from roofs, eaves and rain gutters.

Trim tree limbs 10 feet from chimneys and stove pipes;
remove dead limbs that hang over rooftops.

Remove all non-fire resistive vegetation a minimum of
10 feet on each side of a fire apparatus access road
or driveway.

Cover chimney outlets or flues with a 1/2” mesh spark
arrester.

Post a clearly visible house address, using at least 4” high numbers, for easy identification.
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Your Efforts Help to Build Wildfire Resilient Communities!

ADDITIONAL SAFETY RECOMMENDATIONS
• Create and maintain a 0 to 5 feet noncombustible zone (Zone 1) around all structures, including decks.
• Clear 10 feet around and 15 feet above fuels (e.g., woodpiles, lumber, scrap, etc.) Move woodpiles as far away as possible from all structures.
• Clear vegetation and other combustible materials from underneath decks. Enclose elevated decks with fire-resistive materials.
• Trees 18 feet or taller should be limbed up 6 feet from the ground. Provide additional vertical clearance when trees have vegetation beneath them.

RESOURCES AND INFORMATION
Santa Clara County Fire Department
www.SCCFD.org/rsg • 408.378.4010
Offers community education and risk reduction programs, including fire safety, injury prevention, disaster and wildfire preparedness
Santa Clara County FireSafe Council
www.SCCFireSafe.org • 408.975.9591
Protects and educates communities at risk from wildfire through fuel reduction programs, outreach and community planning efforts
Santa Clara County Weed Abatement Program
WeedAbatement.SCCgov.org • 408.282.3145
Provides community education and hazard abatement
services to protect communities from fire hazards
www.nfpa.org/wildfire
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Dear Property Owner,
Collaborative efforts are key to building fire resilient communities. As a property owner in a designated Fire Hazard Severity Zone of the Wildland Urban Interface (WUI), you play a vital role in keeping both your property and neighborhood safe by complying with the minimum fire safe regulations.

Your property was recently inspected by the Santa Clara County Fire Department on <<Inspection date>>. At that time, the following items were identified to bring your property into compliance with the enforced Wildland Fire Safety Regulations. The noted corrections are listed below:
<<Violations>>
<<Inspector comments>>
Please ensure that your property satisfies the requirements above, then contact the Fire Prevention Division of the Santa Clara County Fire Department at 408.341.4420 or email [email protected] to schedule a re-inspection. If your property re-inspection is not scheduled before May 15, 2023, the Santa Clara County Fire Department will conduct an independent re-inspection of your property to determine compliance status.

You have the option to complete the required work yourself or hire your own contractor.

For information about brush and weed abatement services, call 408.282.3145 or visit WeedAbatement.SCCgov.org.

All properties must comply with the enforced Wildland Fire Safety Regulations before June 1, 2023. After June 1st, properties identified by the Fire Department as being non-compliant with the Wildland Fire Safety Regulations will be referred to your city/town for mandatory abatement.

The local authority will make a declaration identifying properties with hazardous conditions and may hold a public hearing. At that time, if your property has been identified as non-compliant, you will be notified.
<<Date>>
RE: APN: <<APN>> / <<Property Address>>
<<Owner Name>>
<<Owner Address>>
<<Owner City>>, <<Owner State>> <<Owner ZIP Code>>
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If you have questions about this notice, please contact the Fire Prevention Division of the Santa Clara County Fire Department at 408.341.4420 or email [email protected].

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CITY OF CUPERTINO
Agenda Item
24-12918 Agenda Date: 5/7/2024
Agenda #: 7.

Subject: Appointment of the City of Cupertino's Bicycle Pedestrian Commission (BPC) representative, Hervé Marcy, to the Santa Clara County Valley Transportation Authority (VTA) Bicycle and Pedestrian Advisory Committee (BPAC).

Appoint Hervé Marcy to the VTA BPAC for the upcoming term, beginning July 1, 2024 and ends June 30, 2026.

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CITY COUNCIL STAFF REPORT
Meeting: May 7, 2024
Subject
Appointment of the City of Cupertino’s Bicycle Pedestrian Commission (BPC) representative, Hervé Marcy, to the Santa Clara County Valley Transportation Authority (VTA) Bicycle and Pedestrian Advisory Committee (BPAC.) Recommended Action
Appoint Hervé Marcy to the VTA BPAC for the upcoming term, beginning July 1, 2024 and ends June 30, 2026.

Discussion
The VTA BPAC is a 16-member committee that advises VTA’s Board of Directors on planning and funding issues for bicycle and pedestrian projects within Santa Clara County (County). Committee members must live and/or work in the County during their term and cannot be staff of the VTA or a member of an agency they represent. The City has one membership position on the committee.

On April 19, 2022, the City of Cupertino City Council appointed Erik Lindskog to the VTA BPAC for a two-year appointment, with a term beginning July 1, 2022, and ending June 30, 2024.

The VTA requests that the City of Cupertino appoint a representative to VTA BPAC for an upcoming term, beginning July 1. The term of Cupertino’s current VTA BPAC representative, Erik Lindskog, expires on June 30.

On April 17, the City’s BPC unanimously recommended that the Bike and Pedestrian Committee Chair, Hervé Marcy, be appointed to the VTA BPAC for a term beginning July

1. Sustainability Impact
There are no impacts to sustainability.

Fiscal Impact
No fiscal impact.
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California Environmental Quality Act
Not applicable.
_____________________________________
Prepared by: David Stillman, Transportation Manager
Reviewed by: Chad Mosley, Director of Public Works
Reviewed by: Matt Morley, Assistant City Manager
Approved for Submission by: Pamela Wu, City Manager
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CITY OF CUPERTINO
Agenda Item
24-13037 Agenda Date: 5/7/2024
Agenda #: 8.

Subject: Approve a first amendment with HF&H Consultants, LLC, to provide solid waste consultant services for a not-to-exceed amount of $430,000 and extend the contract date to August 31, 2026.

1. Authorize the City Manager to execute a first amendment with HF&H Consultants, LLC, increasing the contract amount by $80,000 for a new total not-to-exceed contract amount of $430,000, and extending the term from August 31, 2025, to August 31, 2026;

2. Approve a Budget Adjustment in the amount of $80,000 in the Resource Recovery Fund for HF&H Consultants, LLC (520-81-801 750-174);

3. Adopt Resolution No. 24-038 approving budget modification #2324-339, approving a Budget Adjustment in the amount of $80,000 in the Resource Recovery Fund for HF&H Consultants, LLC (520- 81-801 750-174).

CITY OF CUPERTINO Page 1 of 1 Printed on 5/1/2024
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CITY COUNCIL STAFF REPORT
Meeting: May 7, 2024
Subject
Approve a first amendment with HF&H Consultants, LLC, to provide solid waste consultant services for a not-to-exceed amount of $430,000 and extend the contract date to August 31, 2026.

Recommended Action

1. Authorize the City Manager to execute a first amendment with HF&H Consultants, LLC, increasing the contract amount by $80,000 for a new total notto-exceed contract amount of $430,000, and extending the term from August 31, 2025, to August 31, 2026.

2. Approve a Budget Adjustment in the amount of $80,000 in the Resource Recovery Fund for HF&H Consultants, LLC (520-81-801 750-174).

3. Adopt Resolution No. 24-xxxx approving budget modification #2324-339, approving a Budget Adjustment in the amount of $80,000 in the Resource Recovery Fund for HF&H Consultants, LLC (520-81-801 750-174).

Reasons for Recommendation
On July 19, 2022, City Council approved an agreement in the amount of $350,000 with HF&H. Scope in the agreement includes assisting the City in identifying and assessing post-collection options and approaches for disposal of garbage, processing garbage for recovery of recyclables, and construction and demolition (C&D) debris processing.

Since the execution of the agreement, HF&H has completed the review of Recology’s proposed cost-based rate adjustment for the fourth year of the franchise agreement and a review and audit of the hauler.

The City needs the support of HF&H to continue to negotiate and secure new postcollection services within the City as the task is multi-phased and multi-faceted and is expected to result in more than one negotiated agreement. Due to complexities in procurement, securing these services requires additional time and budget.

The approval of this amendment to the agreement with HF&H allows the City to continue to utilize the firm’s solid waste industry expertise to support the completion of 163
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critical and time-sensitive solid waste projects. Therefore, staff recommends extending the contract term through August 31, 2026, and increasing the not-to-exceed amount by $80,000 for a total contract amount of $430,000.

Sustainability Impact
CalRecycle reports that, of the nearly 35 million tons of waste that reaches California’s landfills each year, approximately 80% could be recoverable. Though Cupertino is exceeding State mandates for waste diversion, the City’s continued efforts to accelerate zero waste targets recommended in the City’s Climate Action Plan align with Assembly Bill 32 goals and reflect those adopted by adjacent jurisdictions. Establishing a new agreement for post-collection management of waste will provide solid waste diversion that meets or exceeds State and City goals and requirements while maintaining a regionally competitive maximum rate structure for collection and disposal services.

Fiscal Impact
The HF&H agreement is funded by the Resource Recovery Fund (Fund 520), so there is no impact to the General Fund. Additionally, per Exhibit E1.2.E.4 in the Franchise Agreement, Recology is required to reimburse the City for rate application review costs.

Rate Period Four was a cost-based review year, requiring HF&H to conduct extensive cost data collection and review for accuracy for $85,000. Recology will reimburse the City for the amount, thus offsetting this requested increase. Expenses for this agreement are budgeted under a special project account “Special Projects New Landfill Agreement/Solid Waste contract,” A budget adjustment to 520-81-801 750-174 is needed to reflect this increase as noted in Resolution 24-XXX (Attachment C).

California Environmental Quality Act (CEQA)
Not applicable.
_____________________________________
Prepared by: Ursula Syrova, Environmental Programs and Sustainability Manager Reviewed by: Chad Mosley, Director of Public Works
Reviewed by: Matt Morley, Assistant City Manager
Approved for Submission by: Pamela Wu, City Manager
Attachments:

A - First Amendment to HF&H Master Agreement
B – HF&H MSA for Solid Waste Consulting Services
C – Draft Resolution
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FIRST AMENDMENT TO AGREEMENT 563 BETWEEN

THE CITY OF CUPERTINO AND HF&H
CONSULTANTS, LLC. FOR SOLID WASTE

CONSULTING SERVICES
This First Amendment to Agreement 563 is by and between the City of Cupertino, a municipal corporation (hereinafter "City") and HF&H Consultants, LLC., a Corporation (“Contractor”) whose address is 201 N. Civic Drive, Suite 230, Walnut Creek, CA 94596, and is made with reference to the following:

RECITALS:

A. On July 25, 2022, Agreement 563 (“Agreement”) was entered into by and between City and Contractor for Solid Waste Consulting Services.

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

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

1. Paragraph 3.1 of the Agreement is modified to read as follows: Term. This Agreement begins on the Effective Date and ends on August 31, 2026 (“Contract Time”), unless terminated earlier as provided herein. Contractor’s Services shall begin on the effective date and shall be completed by August 31, 2026. The City’s appropriate department head or City Manager may extend the Contract Time through a written amendment to this Agreement, provided such extension does not include additional contract funds. Extensions requiring additional contract funds are subject to the City’s purchasing policy.

2. Paragraph 4.1 of the Agreement is modified to read as follows: Maximum Compensation.City will pay Contractor for satisfactory performance of the Services an amount that will be based upon actual costs but that will be capped so as not to exceed $430,000.00 (“Contract Price”), based upon the Scope of Services in Exhibit A-1 and the budget and rates included. The maximum compensation includes all expenses and reimbursements and will remain in place even if Contractor’s actual costs exceed the capped amount. No extra work or payment is permitted without the prior written approval of the City.

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

SIGNATURES CONTINUE ON THE FOLLOWING PAGE
IN WITNESS WHEREOF, the parties hereto have caused this modification of Agreement to be executed.
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CITY OF CUPERTINO
By
Title
Date

APPROVED AS TO FORM

City Attorney
ATTEST:

City Clerk
Date

HF&H CONSULTANTS, LLC
By
Title
Date

EXPENDITURE DISTRIBUTION
{--tbl--Contract Price Cost Schedule--tbl--}
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ATTACHMENT A
FIRST AMENDMENT TO AGREEMENT 563 BETWEEN THE CITY OF CUPERTINO AND

HF&H CONSULTANTS, LLC FOR SOLID WASTE CONSULTING SERVICES This First Amendment to Agreement 563 is by and between the City of Cupertino, a municipal corporation (hereinafter "City") and HF&H Consultants, LLC, a Corporation ("Contractor") whose address is 201 N. Civic Drive, Suite 230, Walnut Creek, CA 94596, and is made with reference to the following:

RECITALS:

A. On July 25, 2022, Agreement 563 ("Agreement") was entered into by and between City and Contractor for Solid Waste Consulting Services.

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

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

1. Paragraph 3.1 of the Agreement is modified to read as follows: Term. This Agreement begins on the Effective Date and ends on August 31, 2026 ("Contract Time"), unless terminated earlier as provided herein. Contractor's Services shall begin on the effective date and shall be completed by August 31, 2026. The City's appropriate department head or City Manager may extend the Contract Time through a written amendment to this Agreement, provided such extension does not include additional contract funds. Extensions requiring additional contract funds are subject to the City's purchasing policy.

2. Paragraph 4.1 of the Agreement is modified to read as follows: Maximum Compensation. City will pay Contractor for satisfactory performance of the Services an amount that will be based upon actual costs but that will be capped so as not to exceed $430,000.00 ("Contract Price"), based upon the Scope of Services in Exhibit A-1 and the budget and rates included. The maximum compensation includes all expenses and reimbursements and will remain in place even if Contractor's actual costs exceed the capped amount. No extra work or payment is permitted without the prior written approval of the City.

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

SIGNATURES CONTINUE ON THE FOLLOWING PAGE
1 Attachment B
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IN WITNESS WHEREOF, the parties hereto have caused this modification of Agreement to be executed.

CITY OF CUPERTINO HF&H CONSULTANTS, LLC
By ___________ _
Title ------------
Date ------------

APPROVED AS TO FORM
City Attorney
ATTEST:

City Clerk
Date ------------

EXPENDITURE DISTRIBUTION
By~
Title President
Date Apr 26, 2024
Item I PO Number I
Original Agreement I 2023-004 I. SO #1 Solid Waste Consulting ] 2023-241 SO #2 Solid Waste Consulting I 2023-242
SO #4 Rate Disposal RFP Process I 2023-428
SO #3 Rate Year 4 Prep I 2023-288
SO #5 Performance Review I 2023-421
SO #6 Engagement management & j 2023-422 coordination PT.2 I SO 7 Billing and Fee Audit 12024-204 I
SO 8 Cost Based Rate Adjustment - j 2024-205 I,
SO 9 Solid Waste Consulting --- I 2024-257 - __J
SO 10 Solid Waste Consulting - _j 2024-269 I_
Amendment 1 _ _J Extend Term, Increase BudgetJ' - -
-
_ 'Io~ ! ~~maining I - __ ! ____ - - - -
2 Amount
- -
• -
_J
$350,00~
-$7,800.0oj
-$23,010.0Q]
-$57,960.0g]
-$18,870.0g]
-$12,430.0oj
-$6,070.0~
-$14,535.0Q]
-$85,085.0~
-$45,985.00]
-$34,119.ool
+$80,00~
$124,13~ "-- --
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590 Ygnacio Valley Road, Suite 105
Walnut Creek, California 94596
Telephone : 925/977-6950
Date: April 22, 2024
EXHIBIT A-1

MEMORANDUM
Managing Tomorrow's Resources Today
Northern California
Southern California
www.hfh-consultants.com
To: Ursula Syrova, Environmental Programs and Sustainability Manager, City of Cupertino
From: Peter Deibler, Senior Manager, HF&H
Subject: Hourly Rates for Extended Term of Master Services Agreement The following hourly rates shall be effective beginning September 1, 2025. Specific hourly rates for the four core team members are: Rob Hilton - $335, Peter Deibler - $315, Danielle Derby - $225, and Alison Griffith - $225.

Ranges by Position:

Executive $320 - $335
Senior Project Manager $305 - $315
Project Manager $260 - $270
Senior Associate $225 - $240
Associate Analyst $175 - $185
Assistant Analyst $150 - $165
Administrative Staff $125 - $135
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ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 09/05/2023
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

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

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

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

PRODUCER CONTACT Ashley Mack NAME:

Newfront Insurance Services, LLC rA~~N,_t C,A\, (415) 754-3635 I FAX IA/C Nol:
450 Sansome Street f~lJ~ss: [email protected]
Suite 300 INSURER(Sl AFFORDING COVERAGE NAIC#
San Francisco CA 94111 INSURER A: Citizens Insurance Company of America 31534 INSURED INSURERB: Hartford Casualty Insurance Company 29424 HF&H Consultants, LLC INSURERC: Gemini Insurance Company 10833 INSURERD:
590 Ygnacio Valley Rd. Suite 105 INSURERE:

Walnut Creek CA 94596 INSURER F:

COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

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

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

INSR TYPE OF INSURANCE ADDL SUBR POLICYEFF POLICY EXP LTR ,.,., ... ,,.,., ... POLICY NUMBER LIMITS IMM/ODNYYYI IMM/DDNYYYI X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 - ~ CLAIMS-MADE [g] OCCUR DAMAGE TO RENTED PREMISES /Ea occurrence I $ 1,000,000 f-- MED EXP (Any one person) $ 10,000
A - X X OBF-D681476-06 09/06/2023 09/06/2024 PERSONAL & ADV INJURY $ f-- GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 ~ POLICY PRO- DLoc PRODUCTS - COMP/OP AGG $ 3,000,000 JECT OTHER: $
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ INCLUDED /Ea accident\ - ANY AUTO BODILY INJURY (Per person) $ - - OWNED SCHEDULED A OBF-D681476-06 09/06/2023 09/06/2024 BODILY INJURY (Per accident) $ - AUTOS ONLY AUTOS X HIRED X NON-OWNED fp1!,?~~c';;i~RAMAGE $ AUTOS ONLY AUTOS ONLY $

X UMBRELLA LIAB
~ OCCUR EACH OCCURRENCE $ 3,000,000
A EXCESSLIAB CLAIMS-MADE X X OBF-D681476-06 09/06/2023 09/06/2024 AGGREGATE $ 3,000,000 OED I I RETENTION $ $
WORKERS COMPENSATION X I ~ffruTE I I OTHAND EMPLOYERS' LIABILITY ER Y/N

B ANYPROPRIETOR/PARTNER/EXECUTIVE
□ N/A X 57 WEC ZR5765 09/06/2023 09/06/2024 E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED?
(Mandatory In NH) E.L. DISEASE -EA EMPLOYEE $ 1,000,000 ~~it~;3tft3~ ~/gPERATIONS below E.L. DISEASE -POLICY LIMIT $ 1,000,000 Professional Liability Aggregate 2,000,000
C VNPL013999 09/06/2023 09/06/2024 Each Loss Ded 10,000 Each Claim 2,000,000
DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers is included as an additional insured as required by a written contract with respect to General Liability. Coverage is Primary and Non-Contributory. Waiver of subrogation applies in favor of the certificate holder with respect to General Liability and Workers Compensation. Umbrella Follows Form.

CERTIFICATE HOLDER CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

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

AUTHORIZED REPRESENTATIVE ' · eaoo-l'ol'l'e"'Av :'1 I
Cupertino CA 95014 -- - _S,:----- --
I
© 1988-2015 ACORD CORPORATION. All rights reserved.

ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 170 CC 05-07-2024
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POLICY NUMBER: OBF'-D681476-06
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

BUSINESSOWNERS LIABILITY SPECIAL BROADENING ENDORSEMENT This endorsement modifies insurance provided under the following:

BUSINESSOWNERS COVERAGE FORM
SUMMARY OF COVERAGES Limits Page

1. Additional lnsurej__Qy Contract,_Agreement or Permit Included 1

2. Additional Insured - Broad Form Vendors - - .-.;....;. ...,;_ Included 2

3. Alienated Premises Included 3

4. Broad Form Property Damage - Borrowed Equipment, Customers Included 3 Goods and Use of Elevators

5. Incidental Malpractice (Employed Nurses, EMT's and Paramedics) Included 3

6. Personal and Advertising Injury - Broad Form Included 4

7. Product Recall Expense Included 4
Product Recall Expense Each Occurrence Limit $25,000 5 Occurrence Product Recall Expense Aggregate Limit $50,000 5 Aggregate Product Recall Deductible $500 5

8. Unintentional Failure to Disclose Hazards Included 6

9. Unintentional Failure to Notify Included 6
This endorsement amends coverages provided under the Businessowners Coverage Form through new coverages and broader coverage grants. This coverage is subject to the provisions applicable to the Businessowners Coverage Form, except as provided below.

The following changes are made to SECTION II -
LIABILITY:

1. Additional Insured by Contract, Agreement or
Permit
The following is added to SECTION II - LIABILITY, C. Who Is An Insured:

Additional Insured by Contract, Agreement or
Permit
a. Any person or organization with whom you
agreed in a written contract, written
agreement or permit to add such person or
organization as an additional insured on
your policy is an additional insured only with
respect to liability for "bodily injury",
"property damage", or "personal and
advertising injury" caused, in whole or in
part, by your acts or omissions, or the acts
or omissions of those acting on your behalf,
but only with respect to:
(1) "Your work" for the additional insured(s)
designated in the contract, agreement or
permit;
(2) Premises you own, rent, lease or
occupy; or
(3) Your maintenance, operation or use of
equipment leased to you.
b. The insurance afforded to such additional
insured described above:
(1) Only applies to the extent permitted by
law; and
(2) Will not be broader than the insurance
which you are required by the contract,
agreement or permit to provide for such
additional insured.
(3) Applies on a primary basis if that is
required by the written contract, written
agreement or permit.
(4) Will not be broader than coverage
provided to any other insured.
(5) Does not apply if the "bodily injury",
"property damage" or "personal and
advertising injury" is otherwise excluded
from coverage under this Coverage Part,
including any endorsements thereto.
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c. This provision does not apply:
(1) Unless the written contract or written
agreement was executed or permit was
issued prior to the "bodily injury",
"property damage", or "personal injury
and advertising injury".
(2) To any person or organization included
as an insured by another endorsement
issued by us and made part of this
Coverage Part.
(3) To any lessor of equipment:
(a) After the equipment lease expires; or
(b) If the "bodily injury", "property
damage", "personal and advertising
injury" arises out of sole negligence
of the lessor.
(4) To any:
(a) Owners or other interests from whom
land has been leased if the
"occurrence" takes place or the
offense is committed after the lease
for the land expires; or
(b) Managers or lessors of premises if:
(i) The "occurrence" takes place or
the offense is committed after
you cease to be a tenant in that
premises; or
(ii) The "bodily injury", "property
damage", "personal injury" or
"advertising injury" arises out of
structural alterations, new
construction or demolition
operations performed by or on
behalf of the manager or lessor.
(5) To "bodily injury", "property damage" or
"personal and advertising injury" arising
out of the rendering of or the failure to
render any professional services.

This exclusion applies even if the claims
against any insured allege negligence or
other wrongdoing in the supervision,
hiring, employment, training or
monitoring of others by that insured, if
the "occurrence" which caused the
"bodily injury" or "property damage" or
the offense which caused the "personal
and advertising injury" involved the
rendering of or failure to render any
professional services by or for you.
d. With respect to the insurance afforded to
these additional insureds, the following is
added to SECTION II - LIABILITY, D. Liability
and Medical Expense Limits of Insurance:
~
!&~Hanover
Insurance GroupOBF O681476 5701751
The most we will pay on behalf of the
additional insured for a covered claim is the
lesser of the amount of insurance:

1. Required by the contract, agreement or
permit described in Paragraph a.; or

2. Available under the applicable Limits of
Insurance shown in the Declarations.

This endorsement shall not increase the
applicable Limits of Insurance shown in the
Declarations
e. All other insuring agreements, exclusions,
and conditions of the policy apply.

2. Additional Insured - Broad Form Vendors
The following is added to SECTION II -
LIABILITY, C. Who Is An Insured:

Additional Insured - Broad Form Vendors
a. Any person or organization that is a vendor
with whom you agreed in a written contract
or written agreement to include as an
additional insured under this Coverage Part
is an insured, but only with respect to liability
for "bodily injury" or "property damage"
arising out of "your products" which are
distributed or sold in the regular course of
the vendor's business.
b. The insurance afforded to such vendor
described above:
(1) Only applies to the extent permitted by
law;
(2) Will not be broader than • the insurance
which you are required by the contract or
agreement to provide for such vendor;
(3) Will not be broader than coverage
provided to any other insured; and
(4) Does not apply if the "bodily injury",
"property damage" or "personal and
advertising injury" is otherwise excluded
from coverage under this Coverage Part,
including any endorsements thereto
c. With respect to insurance afforded to such
vendors, the following additional exclusions
apply:

The insurance afforded to the vendor does
not apply to:
(1) "Bodily injury" or "property damage" for
which the vendor is obligated to pay
damages by reasons of the assumption of
liability in a contract or agreement. This
exclusion does not apply to liability for
damages that the insured would have in
the absence of the contract or
agreement;
(2) Any express warranty unauthorized by
you;
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(3) Any physical or chemical change in the
product made intentionally by the
vendor;
(4) Repackaging, unless unpacked solely for
the purpose of inspection,
demonstration, testing, or the
substitution of parts under instruction
from the manufacturer, and then
repackaged in the original container;
The most we will pay on behalf of the vendor
for a covered claim is the lesser of the
amount of insurance:

1. Required by the contract or agreement
described in Paragraph a.; or

2. Available under the applicable Limits of
Insurance shown in the Declarations;
This endorsement shall not increase the
applicable Limits of Insurance shown in the
Declarations. (5) Any failure to make such inspection,
adjustments, tests or servicing as the
vendor has agreed to make or normally
undertakes to make in the usual course

3. Alienated Premises
of business in connection with the sale
of the product;
(6) Demonstration, installation, servicing or
repair operations, except such
operations performed at the vendor's
premises in connection with the sale of
the product;
(7) Products which, after distribution or sale
SECTION II - LIABILITY, B. Exclusions, 1.

Applicable To Business Liability Coverage k.

Damage to Property, paragraph (2) is replaced by
the following:
(2) Premises you sell, give away or abandon, if
the "property damage" arises out of any part
of those premises and occurred from hazards
that were known by you, or should have
reasonably been known by you, at . the time
by you, have been the property was transferred or abandoned. labeled or relabeled or used as a container, part or
ingredient of any other thing or
substance by or for the vendor;

4. Broad Form Property Damage - Borrowed
Equipment, Customers Goods, Use of Elevators
(8) "Bodily injury" or "property damage"
arising out of the sole negligence of the
vendor for its own acts or omissions or
those of its employees or anyone else
acting on its behalf. However, this
exclusion does not apply to: _
(a) The exceptions contained within the
exclusion in subparagraphs (4) or (6)
above;or
(b) Such inspections, adjustments, tests
or servicing as the vendor has
agreed to make or normally
undertakes to make in the usual
course of business, in connection
with the distribution or sale of the
products.
(9) "Bodily injury" or "property damage"
arising out of an "occurrence" that took
place before you have signed the
contract or agreement with the vendor.
(10)To any person or organization included
as an insured by another endorsement
issued by us and made part of this
Coverage Part.
(11)Any insured person or organization,
from whom you have acquired such
products, or any ingredient, part or
container, entering into, accompanying 5.
or containing such products.
d. With respect to the insurance afforded to
these vendors, the following is added to
SECTION II - LIABILITY, D. Liability and
Medical Expense Limits of Insurance:
a. The following is added to SECTION II - LIABILITY, B. Exclusions, 1. Applicable To Business Liability Coverage, k. Damage to
Property:

Paragraph (4) does not apply to "property
damage" to borrowed equipment while at a
jobsite and not being used to perform
operations.

Paragraph (3), (4) and (6) do not apply to
"property damage" to "customers goods"
while on your premises nor to the use of
elevators.
b. For the purposes of this endorsement, the
following definition is added to SECTION II - LIABILITY, F. Liability and Medical Expenses Definitions:

1. "Customers goods" means property of
your customer on your premises for the
purpose of being:
a. Worked on; or
b. Used in your manufacturing process.
c. The insurance afforded under this provision is
excess over any other valid and collectible
property insurance (including deductible)
available to the insured whether primary,
excess, contingent or on any other basis.

6. Personal Injury - Broad Form
a. SECTION II - LIABILITY, B. Exclusions, 2.

Additional Exclusions Applicable only to
"Personal and Advertising Injury", paragraph
e. is deleted.
b. SECTION II - LIABILITY, F. Liability and
Medical Expenses Definitions, 14. "Personal
and advertising injury", paragraph b. is
replaced by the following:
b. Malicious prosecution or abuse of
process.
c. The following is added to SECTION II - LIABILITY, F. Liability and Medical Expenses Definitions, Definition 14. "Personal and
advertising injury":
"Discrimination" (unless insurance thereof is
prohibited by law) that results in injury to the
feelings or reputation of a natural person,
but only if such "discrimination" is:
(1) Not done intentionally by or at the
direction of:
(a) The insured;
(b) Any officer of the corporation,
director, stockholder, partner or
member of the insured; and
(2) Not directly or indirectly related to an
"employee", not to the employment,
prospective employment or termination
of any person or persons by an insured.
d. For purposes of this endorsement, the
following definition is added to SECTION II -
LIABILITY, F. Liability and Medical Expenses
Definitions:

1. "Discrimination" means the unlawful
treatment of individuals based upon race,
color, ethnic origin, gender, religion, age,
or sexual preference. "Discrimination"
does not include the unlawful treatment
of individuals based upon developmental,
physical, cognitive, mental, sensory or
emotional impairment or any
combination of these.
e. This coverage does not apply if liability
coverage for "personal and advertising
injury" is excluded either by the provisions of
the Coverage Form or any endorsement
thereto.

7. Product Recall Expense
a. SECTION II - LIABILITY, B. Exclusions, 1.

Applicable To Business Liability Coverage,
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o. Recall of Products, Work or Impaired
Property is replaced by the following :
o. Recall of Products, Work or Impaired
Property
Damages claimed for any loss, cost or
expense incurred by you or others for
the loss of use, withdrawal, recall,
inspection, repair, replacement,
adjustment, removal or disposal of:
(1) "Your product";
(2) "Your work"; or
(3) "Impaired property";
If such product, work or property is
withdrawn or recalled from the market or
from use by any person or organization
because of a known or suspected defect,
deficiency, inadequacy or dangerous
condition in it, but this exclusion does
not apply to "product recall expenses"
that you incur for the "covered recall" of
"your product".

However, the exception to the exclusion
does not apply to "product recall
expenses" resulting from:
(4) Failure of any products to accomplish
their intended purpose;
(5) Breach of warranties of fitness,
quality, durability or performance;
(6) Loss of customer approval, or any
cost incurred to regain customer
approval;
(7) Redistribution or replacement of
"your product" which has been
recalled by like products or
substitutes;
(8) Caprice or whim of the insured;
(9) A condition likely to cause loss of
which any insured knew or had
reason to know at the inception of
this insurance;
(10)Asbestos, including loss, damage or
clean up resulting from asbestos or
asbestos containing materials; or
(11) Recall of "your products" that have
no known or suspected defect solely
because a known or suspected
defect in another of "your products"
has been found.
b. The following is added to SECTION II - LIABILITY, C. Who Is An Insured, paragraph

Product Recall Expense Limits of Insurance
a. The Limits of Insurance shown in the
SUMMARY OF COVERAGES of this
endorsement and the rules stated below
fix the most that we will pay under this
Product Recall Expense Coverage
regardless of the number of:
(1) Insureds;
(2) "Covered Recalls" initiated; or
(3) Number of "your products"
withdrawn.
b. The Product Recall Expense Aggregate
Limit is the most that we will reimburse
you for the sum of all "product recall
expenses" incurred for all "covered
recalls" initiated during the policy period.
c. The Product Recall Each Occurrence
Limit is the most we will pay in
connection with any one defect or
deficiency.
d. All "product recall expenses" in
connection with substantially the same
general harmful condition will be
deemed to arise out of the same defect
or deficiency and considered one
"occurrence".
e. Any amount reimbursed for "product
recall expenses" in connection with any
one "occurrence" will reduce the amount
of the Product Recall Expense Aggregate
Limit available for reimbursement of
"product recall expenses" in connection
with any other defect or deficiency.
f. If the Product Recall Expense Aggregate
Limit has been reduced by
reimbursement of "product recall
expenses" to an amount that is less than
the Product Recall Expense Each
Occurrence Limit, the remaining
Aggregate Limit is the most that will be
available for reimbursement of "product
recall expenses" in connection with any
other defect or deficiency.
g. Product Recall Deductible
We will only pay for the amount of
"product recall expenses" which are in
excess of the $500 Product Recall
Deductible. The Product Recall
Deductible applies separately to each
"covered recall". The limits of insurance
will not be reduced by the amount of this
deductible.

We may, or will if required by law, pay all
or any part of any deductible amount, if
applicable. Upon notice of our payment
of a deductible amount, you shall
promptly reimburse us for the part of the
deductible amount we paid.

The Product Recall Expense Limits of
Insurance apply separately to each
consecutive annual period and to any
remaining period of less than 12 months,
starting with the beginning of the policy
period shown in the Declarations, unless the
policy period is extended after issuance for
an additional period of less than 12 months.

In that case, the additional period will be
deemed part of the last preceding period for
the purposes of determining the Limits of
Insurance.
d. The following is added to SECTION 11 -
LIABILITY, E. Liability and Medical Expense
General Conditions, 2. Duties in the Event of
Occurrence, Offense, Claim or Suit:

You must see to it that the following are
done in the event of an actual or anticipated
"covered recall" that may result in "product
recall expense":
(1) Give us prompt notice of any discovery
or notification that "your product" must
be withdrawn or recalled. Include a
description of "your product" and the
reason for the withdrawal or recall;
(2) Cease any further release, shipment,
consignment or any other method of
distribution of like or similar products
until it has been determined that all
such products are free from defects that
could be a cause of loss under this
insurance.
e. For the purposs of this endorsement, the
following definitions are added to SECTION
II - LIABILITY, F. Liability and Medical
Expenses Definitions:

1. "Covered recall" means a recall made
necessary because you or a government
body has determined that a known or
suspected defect, deficiency,
inadequacy, or dangerous condition in
"your product" has resulted or will result
in "bodily injury" or "property damage".

2. "Product recall expense(s)" means:
a. Necessary and reasonable expenses
for:
(1) Communications, including radio
or television announcements or
printed advertisements including
stationary, envelopes and
postage;
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f.
(2) Shipping the recalled products
from any purchaser, distributor or
user to the place or places
designated by you;
(3) Remuneration paid to your
regular "employees" for
necessary overtime;
(4) Hiring additional persons, other
than your regular "employees";
(5) Expenses incurred by "employees" 8•
including transportation and
accommodations;
(6) Expenses to rent additional
warehouse or storage space;
(7) Disposal of "your product", but
only to the extent that specific
methods of destruction other than
those employed for trash
discarding or disposal are 9.
required to avoid "bodily injury"
or "property damage" as a result
of such disposal,
you incur exclusively for the purpose
of recalling "your product"; and
b. Your lost profit resulting from such
"covered recall".

This Product Recall Expense Coverage does
not apply:
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(1) If the "products - completed operations
hazard" is excluded from coverage under
this Coverage Part including any
endorsement thereto; or
(2) To "product recall expense" arising out of
any of "your products" that are otherwise
excluded from coverage under this
Coverage Part including endorsements
thereto.

Unintentional Failure to Disclose Hazards
The following is added to SECTION II - LIABILITY, E. Liability and Medical Expenses General Conditions:

Representations
We will not disclaim coverage under this
Coverage Part if you fail to disclose all hazards
existing as of the inception date of the policy
provided such failure is not intentional.

Unintentional Failure to Notify
The following is added to SECTION II - LIABILITY, E. Liability and Medical Expenses General Conditions, 2. Duties in the Event of
Occurrence, Offense, Claim or Suit:

Your rights afforded under this Coverage Part
shall not be prejudiced if you fail to give us
notice of an "occurrence", offense, claim or "suit",
solely due to your reasonable and documented
belief that the "bodily injury", "property damage"
or "personal and advertising injury" is not
covered under this Policy.

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1. SECTION I - PROPERTY, if two or more of
this coverage part's coverages apply to
the same loss or damage, we will not pay
more than the actual amount of the loss or
damage.

2. SECTION II - LIABILITY, it is our stated
intent that the various Coverage Parts,
forms, endorsements or policies issued to
the named insured by us, or any company
affiliated with us, do not provide any
duplication or overlap of coverage for the
same claim, "suit", "occurrence", offense,
accident, "wrongful act" or loss. We will
not pay more than the actual amount of
the loss or damage.

If this Coverage Part and any other
Coverage Part, form, endorsement or
policy issued to the named insured by us,
or any company affiliated with us, apply to
the same claim, "suit", occurrence,
offense, accident, "wrongful act" or loss,
the maximum Limit of Insurance under all
such Coverage Parts, forms,
endorsements or policies combined shall
not exceed the highest applicable Limit of
Insurance under any one Coverage Part,
form, endorsement or policy.

This condition does not apply to any
Excess or Umbrella Policy issued by us
specifically to apply as excess insurance
over this policy.

G. Liberalization
If we adopt any revision that would broaden
the coverage under this policy without
additional premium within 45 days prior to or
during the policy period, the broadened
coverage will immediately apply to this policy.

H. Other Insurance

1. SECTION I - PROPERTY
If there is other insurance covering the
same loss or damage, we will pay only for
the amount of covered loss or damage in
excess of the amount due from that other
insurance, whether you can collect on it or
not. But, we will not pay more than the
applicable Limit of Insurance of SECTION I
- PROPERTY.

2. SECTION II - LIABILITY
If other valid and collectible insurance is
available to the insured for a loss we
cover under SECTION II - LIABILITY, our
obligations are limited as follows:
a. Primary Insurance
This insurance is primary except when
paragraph b. below applies. If this
insurance is primary, our obligations
are not affected unless any of the
other insurance is also primary. Then,
we will share with all that other
insurance by the method described in
paragraph c. below.
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OBF D681476 5701751
However, if you agree in a written
contract, written agreement, or
written permit that the insurance
provided to any person or
organization included as an
Additional Insured under this
Coverage Part is primary and
non-contributory, we will not seek
contribution from any other
insurance available to that Additional
Insured which covers the Additional
Insured as a Named Insured except:
(1) For the sole negligence of the
Additional Insured; or
(2) When the Additional Insured is
an Additional Insured under
another liability policy.
b. Excess Insurance
This insurance is excess over:
(1) Any of the other insurance,
whether primary, excess,
contingent or on any other basis:
(a) That is Fire, Extended
Coverage, Builder's Risk,
Installation Risk or similar
coverage for "your work";
(b) That is Property Insurance for
premises rented to you or
temporarily occupied by you
with permission of the owner;
(c) That is insurance purchased
by you to cover your liability
as a tenant for "property
damage" to premises rented
to you or temporarily
occupied by you with
permission of the owner; or
(d) If the loss arises out of the
maintenance or use of
aircraft, "autos" or watercraft
to the extent not subject to

SECTION II - LIABILITY,
Exclusion g. Aircraft, Auto or
Watercraft; and
(2) Any other primary insurance
available to you covering liability
for damages arising out of the
premises or operations, or the
products and completed
operations, for which you have
been added as an additional
insured by attachment of an
endorsement.

When this insurance is excess, we
will have no duty under SECTION II - LIABILITY to defend the insured against any "suit" if any other
insurer has a duty to defend the
insured against that "suit". If no other
insurer defends, we will undertake to
do so, but we will be entitled to the
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insured's rights against all those other
insurers.
c. When this insurance is excess over other
insurance, we will pay only our share of
the amount of the loss, if any, that
exceeds the sum of:
(1) The total amount that all such other
insurance would pay for the loss in
the absence of this insurance; and
(2) The total of all deductible and
self-insured amounts under all that
other insurance.
d. We will share the remaining loss, if any,
with any other insurance that is not
described in this provision and was not
bought specifically to apply in excess of
the Limits of Insurance shown in the
Declarations for this Coverage.
e. Method of Sharing
If all of the other insurance permits
contribution by equal shares, we will
follow this method also. Under this
approach each insurer contributes equal
amounts until it has paid its applicable
Limit of Insurance or none of the loss
remains, whichever comes first.

If any of the other insurance does not
permit contribution by equal shares, we
will contribute by limits. Under this
method, each insurer's share is based on
the ratio of its applicable Limit of
Insurance to the total applicable limits of
insurance of all insurers.
f. When this insurance is excess, we will
have no duty under Business Liability
Coverage to defend any claim or "suit"
that any other insurer has a duty to
defend. If no other insurer defends, we
will undertake to do so; but we will be
entitled to the insured's rights against all
those other insurers.

I. Premiums

1. The first Named Insured shown in the
Declarations:
a. Is responsible for the payment of all
premiums; and
b. Will be the payee for any return
premiums we pay.

2. The premium shown in the Declarations was
computed based on rates in effect at the time
the policy was issued. On each renewal,
continuation or anniversary of the effective
date of this policy, we will compute the
premium in accordance with our rates and
rules then in effect.

3. With our consent, you may continue this
policy in force by paying a continuation
premium for each successive one-year
period. The premium must be:
a. Paid to us prior to the anniversary
date; and
b. Determined in accordance with
paragraph 2. above.

Our forms then in effect will apply. If you
do not pay the continuation premium, this
policy will expire on the first anniversary
date that we have not received the
premium.

4. Undeclared exposures or change in your
business operation, acquisition or use of
locations may occur during the policy
period that is not shown in the
Declarations. If so, we may require an
additional premium. That premium will be
determined in accordance with our rates
and rules then in effect.

J. Premium Audit

1. This policy is subject to audit if a premium
designated as an advance premium is
shown in the Declarations. We will
compute the final premium due when we
determine your actual exposures.

2. Premium shown in this policy as advance
premium is a deposit premium only. At the
close of each audit period, we will
compute the earned premium for that
period and send notice to the first Named
Insured. The due date for audit premiums
is the date shown as the due date on the
bill. If the sum of the advance and audit
premiums paid for the policy period is
greater than the earned premium, we will
return the excess to the first Named
Insured.

3. The first Named Insured must keep
records of the information we need for
premium computation and send us copies
at such times as we may request.

K. Transfer of Rights of Recovery Against Others
to Us

1. Applicable to SECTION I • PROPERTY
Coverage:

If any person or organization to or for
whom we make payment under this policy
has rights to recover damages from
another, those rights are transferred to us
to the extent of our payment. That person
or organization must do everything
necessary to secure our rights and must
do nothing after loss to impair them. But
you may waive your rights against another
party in writing:
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a. Prior to a loss to your Covered
Property.
b. After a loss to your Covered Property
only if, at time of loss, that party is
one of the following:
(1) Someone insured by this
insurance;
(2) A business firm:
(a) Owned or controlled by you;
or
(b) That owns or controls you; or
(3) Your tenant.

You may also accept the usual bills of
lading or shipping receipts limiting the
liability of carriers.

This will not restrict your insurance.

2. Applicable to SECTION II • LIABILITY
Coverage:

If the insured has rights to recover all or
part of any payment we have made
under this Coverage Part, those rights
are transferred to us. The insured must
do nothing after loss to impair such
rights. At our request, the insured will
bring "suit" or transfer those rights to us
and help us enforce them.
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We waive any right of recovery we may
have against any person or
organization with whom you have a
written contract, permit or agreement
to waive any rights of recovery against
such person or organization because of
payments we make for injury or
damage arising out of your ongoing
operations or "your work" done under a
contract with that person or
organization and included in the
"products-completed operations
hazard".

This condition does not apply to
Medical Expenses Coverage.

L. Transfer of Your Rights and Duties Under
This Policy
Your rights and duties under this policy
may not be transferred without our written
consent except in the case of death of an
individual Named Insured. If you die, your
rights and duties will be transferred to your
legal representative but only while that
legal representative is acting within the
scope of their duties as your legal
representative. Until your legal
representative is appointed, anyone with
proper temporary custody of your property
will have your rights and duties but only
with respect to that property.
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THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

WAIVER OF OUR RIGHT TO RECOVER FROM

OTHERS ENDORSEMENT - CALIFORNIA
Policy Number: 57 WEC ZR5765 Endorsement Number:

Effective Date: 09/06/23 Effective hour is the same as stated on the Information Page of the policy.

Named Insured and Address: HF&H CONSULTANTS LLC
590 YGNACIO VALLEY RD STE 105
WALNUT CREEK CA 94596
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule.

The additional premium for this endorsement shall be 2 % of the California workers' compensation premium otherwise due on such remuneration.

SCHEDULE
Person or Organization Job Description
Any person or organization for whom you are required by written contract or agreement to obtain this waiver of rights from us
Form WC 04 03 06 (1) Printed in U.S.A.

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CITY OF
a

CUPERTINO

1. MASTER PROFESSIONAL/SPECIALIZED SERVICES

AGREEMENT WITH HF&H CONSULT ANTS, LLC

PARTIES
This Master Agreement is made by and between the City of Cupertino, a municipal corporation ("City"), and HF&H Consultants, LLC., ("Contractor") a Corporation for Solid Waste Consulting Services, and is effective on the last date signed below ("Effective Date").

2. SERVICES

2.1 Scope of Services. Contractor agrees to provide the Services set forth in the Scope of Services, attached and incorporated here as Exhibit A, on an as-needed basis. The Services must comply with this Agreement and with each Service Order issued by the City's Project Manager or his/her designee, in accordance with the following procedures, unless otherwise specified in Exhibit A. Contractor further agrees to carry out work in compliance with any applicable local, State, or Federal order regarding COVID-19.

2.2 Service Orders. Before issuing a Service Order, the City Project Manager will request Services in writing and hold a meeting with Contractor to discuss the Service Order. Contractor will submit a written proposal that includes a specific Scope of Services, Schedule of Performance, and Compensation, which the Parties will discuss. Thereafter, City will execute a Service Order Form for the Services, attached and incorporated here as Exhibit B. The Service Order will specify the Scope of Services, Schedule of Performance, Compensation, and any other conditions applicable to the Service Order. Issuance of a Purchase Order is discretionary. The City Project Manager is authorized to streamline these procedures based on the City's best interests. Contractor will not be compensated for Services performed without a duly authorized and executed Service Order.

3. TIME OF PERFORMANCE

3.1 Term. This Agreement begins on the Effective Date and ends on August 31, 2025 ("Contract Time"), unless terminated earlier as provided herein. The City's appropriate department head or City Manager may extend the Contract Time through a written amendment to this Agreement, provided such extension does not include additional contract funds. Extensions requiring additional contract funds are subject to the City's purchasing policy.

3.2 Schedule of Performance. Contractor must deliver the Services within the time specified in each Service Order, and under no circumstances should the Services go beyond the Contract Time.

3.3 Time is of the essence for the performance of all the Services required in this Agreement and in each Service Order. Contractor must have sufficient time, resources and qualified staff to deliver the Services on time. Contractor must respond promptly to each Service Order request.

Master Professional/Specialized Services Agreement/ Rev. October 2021 Solid Waste Consulting Services

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4. COMPENSATION

4.1 Maximum Compensation. City will pay Contractor for satisfactory performance of the Services a total amount that will based upon actual costs but that will be capped so as not to exceed $350,000.00 ("Contract Price"), based upon the Scope of Services in Exhibit A and the budget and rates included. The maximum compensation includes all expenses and reimbursements and will remain in place even if Contractor's actual costs exceed the capped amount.

4.2 Per Service Order. Compensation for Services provided under a Service Order will be based on the rates set forth in the Service Order, which shall not exceed the capped amount specified in the Service Order.

4.3 Invoices and Payments. Except as otherwise provided in a Purchase Order, monthly invoices must state a description of the deliverables completed and the amount due for the preceding month. Thirty (30) days prior to expiration of the Agreement, Contractor must submit a requisition for final and complete payment of costs and pending claims for City approval.

Noncompliance with this requirement relieves City of any further payment or other obligations under the Agreement.

5. INDEPENDENT CONTRACTOR

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

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

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

5.4 Subcontractors. Only Contractor's employees are authorized to work under this Agreement.

Prior written approval from City is required for any subcontractor, and the terms and conditions of this Agreement will apply to any approved subcontractor.

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

5.6 Payment of Benefits and Taxes. Contractor is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. Contractor and any of its employees, agents, and subcontractors shall not have any claim under this Agreement or otherwise against City for seniority, vacation time, vacation pay, sick leave, personal time off, overtime, health insurance, medical care, hospital care, insurance benefits, social security, disability, :er Professimm:l!SJ,e-ciali'zed--S-ervices Agreement/-Re . 0ctober-2621 Solid Waste Consulting Services

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unemployment, workers compensation or employee benefits of any kind. Contractor shall be solely liable for and obligated to pay directly all applicable taxes, fees, contributions, or charges applicable to Contractor's business including, but not limited to, federal and state income taxes. City shall have no obligation whatsoever to pay or withhold any taxes or benefits on behalf of Contractor.

Should any court, arbitrator, or administrative authority, including but not limited to the California Public Employees Retirement System (PERS), the Internal Revenue Service or the State Employment Development Division, determine that Contractor, or any of its employees, agents, or subcontractors, is an employee for any purpose, then Contractor agrees to a reduction in amounts payable under this Agreement, or to promptly remint to City any payments due by the City as a result of such determination, so that the City's total expenses under this Agreement are not greater than they would have been had the determination not been made.

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

7. OWNERSHIP OF MATERIALS

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

7.2 Copyright. To the extent permitted by Title 17 of the U.S. Code, all Work Product arising out of this Agreement is considered "works for hire" and all copyrights to the Work Product will be the property of City. Alternatively, Contractor assigns to City all Work Product copyrights. Contractor may use copies of the Work Product for promotion only with City's written approval.

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

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

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

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

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

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

PUBLICITY / SIGNS
Any publicity generated by Contractor for the project under this Agreement, during the term of this Agreement and for one year thereafter, will reference the City's contributions in making the project possible. The words "City of Cupertino" will be displayed in all pieces of publicity, including flyers, press releases, posters, brochures, public service announcements, interviews and newspaper articles.

No signs may be posted, exhibited or displayed on or about City property, except signage required by law or this Contract, without prior written approval from the City.

11. INDEMNIFICATION

11.1 To the fullest extent allowed by law, and except for losses caused by the sole and active negligence or willful misconduct of City personnel, Contractor shall indemnify, defend, and hold harmless City, its City Council, boards and commissions, officers, officials, employees, agents, servants, volunteers, and Contractors ("Indemnitees"), through legal counsel acceptable to City, from and against any and all liability, damages, claims, actions, causes of action, demands, charges, losses, costs, and expenses (including attorney fees, legal costs, and expenses related to litigation and dispute resolution proceedings), of every nature, arising directly or indirectly from this Agreement or in any manner relating to any of the following:
(a) Breach of contract, obligations, representations, or warranties; (b) Negligent or willful acts or omissions committed during performance of the Services; (c) Personal injury, property damage, or economic loss resulting from the work or performance of M11sterProfe~ssinnal'/S-pe-cmtized Service Agreement/ R . October-2021 Solid Waste Consulting Services

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Contractor or its subcontractors or sub-subcontractors; (d) Unauthorized use or disclosure of City's confidential and proprietary information; (e) Claim of infringement or violation of a U.S patent or copyright, trade secret, trademark, or service mark or other proprietary or intellectual property rights of any third party.

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

11.3 Contractor's duties under this section are not limited to the Contract Price, workers' compensation payments, or the insurance or bond amounts required in the Agreement. Nothing in the Agreement shall be construed to give rise to an implied right of indemnity in favor of Contractor against City or any Indemnitee.

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

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

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

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

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

13. COMPLIANCE WITH LAWS

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

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

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13.3 Discrimination Laws. Contractor shall not discriminate on the basis of race, religious creed, color, ancestry, national origin, ethnicity, handicap, disability, marital status, pregnancy, age, sex, gender, sexual orientation, gender identity, Acquired-Immune Deficiency Syndrome (AIDS,) or any other protected classification. Contractor shall comply with all anti-discrimination laws, including Government Code Sections 12900 and 11135, and Labor Code Sections 1735, 1777, and 3077.5.

Consistent with City policy prohibiting harassment and discrimination, Contractor understands that harassment and discrimination directed toward a job applicant, an employee, a City employee, or any other person, by Contractor or Contractor's employees or sub-contractors will not be tolerated.

Contractor agrees to provide records and documentation to the City on request necessary to monitor compliance with this provision.

13.4 Conflicts of Interest. Contractor shall comply with all conflict of interest laws applicable to this Agreement and must avoid any conflict of interest. Contractor warrants that no public official, employee, or member of a City board or commission who might have been involved in the making of this Agreement, has or will receive a direct or indirect financial interest in this Agreement, in violation of California Government Code Section 1090 et seq. Contractor may be required to file a conflict of interest form if Contractor makes certain governmental decisions or serves in a staff capacity, as defined in Section 18700 of Title 2 of the California Code of Regulations. Contractor agrees to abide by the City's rules governing gifts to public officials and employees.

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

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

Contractor Project Manager. Subject to City approval, Contractor assigns Peter Deibler as its single Representative for all purposes under this Agreement, with authority to oversee the progress and performance of the Services. Contractor's Project manager is responsible for coordinating and scheduling the Services in accordance with City instructions, service orders and the Schedule of Performance. Contractor must regularly update the City's project manager about the status, progress and any delays with the work. City's written approval is required prior to Contractor substituting a new Representative which shall result in no additional costs to City.

15. ABANDONMENT OF PROJECT
City may abandon or postpone the Project or parts thereof at any time. Contractor will be compensated for satisfactory Services performed through the date of abandonment, and will be given reasonable time to assemble the work and close out the Services. With City's pre-approval in writing, the time spent in closing out the Services will be compensated up to a maximum often percent (10%) of the total time expended to date in the performance of the Services.
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16. TERMINATION
City may terminate this Agreement for cause or without cause at any time. Contractor will be paid for satisfactory Services rendered through the date of termination, but final payment will not be made until Contractor closes out the Services and delivers the Work Product.

17. GOVERNING LAW, VENUE, AND DISPUTE RESOLUTION
This Agreement is governed by the laws of the State of California. Any lawsuits filed related to this Agreement must be filed with the Superior Court for the County of Santa Clara, State of California.

Contractor must comply with the claims filing requirements under the Government Code prior to filing a civil action in court. If a dispute arises, Contractor must continue to provide the Services pending resolution of the dispute. If the Parties elect arbitration, the arbitrator's award must be supported by law and substantial evidence and include detailed written findings of law and fact.

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

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

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

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

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

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

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

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

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

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

Cupertino, CA 95014
Attention: Ursula Syrova
Email: [email protected]

27. EXECUTION
To Contractor:

HF &H Consultants, LLC.
201 N. Civic Drive, Suite 230
Walnut Creek, CA 94596
Attention: Peter Deibler
Email: [email protected].

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

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
[SIGNATURE PAGE TO FOLLOW]
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IN WITNESS WHEREOF, the parties have caused the Agreement to be executed.

CITY OF CUPERTINO
A Municipal Corporation
By~
Name Dianne Thompson (she/her)
Title Acting City Manager
Date Jul 25, 2022
APPROVED AS TO FORM:
cltr~ D . .JB-fUffl,,
CHRISTOPHER D. JENSEN
Cupertino City Attorney
ATTEST:

KIRSTEN
~~

SQUARCIA
City Clerk
Date Jul 25, 2022
Solid Waste Consulting Services
HF&H CONSULTANTS, LLC.

Name Rob Hilton
Title President
Date Jul 12, 2022
Master Professional/Specialized Services Agreement/ Rev. October 2021

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EXHIBIT A- SCOPE OF SERVICES
City of Cupertino Technical Proposal
Solid Waste Consulting Services Proposal
procurements, MOU discussions with neighboring cities, and a range of negotiations. In recent years, Rob has served as an advisor and Danielle and Alison have assisted on many of these projects. In particular, Danielle is participating in cost-of-service modeling and annual contractor compensation reviews for Sunnyvale.

San Jose: Since 2008, Peter has managed multi-year MSA agreements with the city of San Jose, facilitating the process that resulted in the current contractual arrangements with Republic and GreenWaste for commercial collection and processing. He participated in residential collection and processing negotiations with four service providers and benchmarked the city's C&D program against other progressive local programs. Peter and Alison recently assisted the city with its SB 1383 ordinance, and Peter, Danielle, and Alison recently provided confidential technical support to the city's solid waste department and the city attorney's office.

Mountain View: Peter led a consulting team in developing a zero-waste plan, managed a sole source collection negotiation with Recology, and assisted the City in assessing operational and financial issues related to food scrap collection.

Milpitas: In 2013-2014, Rob and Peter conducted competitive collection and disposal procurements for the city of Milpitas.

SB 1383: HF&H has the most extensive SB 1383 knowledge and experience of any public-sector oriented consulting firm in California. Rob and Alison are part of HF&H's SB 1383 team and Peter has also been heavily engaged in SB 13983 planning and implementation. In 2019, HF&H prepared four Model SB 1383 Implementation Tools for CalRecycle, which were used by jurisdictions across the State to prepare compliance plans, compliant franchise agreements, new or revised ordinances, and develop strategies for reporting, recordkeeping, enforcement, and monitoring.

Performance Reviews: Peter leads HF&H's performance review practice, most recently completing reviews for Pleasanton and Sunnyvale (the second one). In the South Bay, he has also managed performance reviews for Mountain View and Palo Alto.

LABOR CATEGORIES AND RATE SCHEDULE
HF&H proposes the following billing rate schedule for the three-year qualification period. Specific hourly rates for the four core team members are: Rob Hilton - $325, Peter Deibler - $305, Danielle Derby - $215, and Alison Griffith - $215.

Position
Executive
Senior Project Manager
Project Manager
Senior Associate
Associate Analyst
Assistant Analyst
Administrative Staff
May 20, 2022 Page 8
Rate
$310 - $325
$295 - $305
$250 - $260
$215 - $230
$165 - $175
$140 - $155
$115 - $125
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City of Cupertino Technical Proposal
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PROPOSED SCOPE OF WORK AND BUDGET BY TASK
Task 1. Assistance Securing Disposal Services
Background
There are three disposal facilities in Santa Clara County: Republic's Newby Island and Waste Management's (WM) Kirby Canyon and Guadalupe Landfill. Of these, Newby Island and Kirby Canyon are the only viable options; Guadalupe is not accepting new municipal disposal contracts. GreenWaste Recovery and Waste Connections may offer to transfer MSW from San Jose for disposal in Monterey or Solano County, respectively, but with significant climate emissions and transportation cost impacts.

Newby Island also provides exclusive construction and demolition {C&D) processing services. Fortunately, there are a number of options for C&D processing in the South Bay. In approaching a new disposal contract, the City will encounter four significant challenges during the process: 1) generating competition given the limited options; 2) evaluating alternative solutions that may include disposal or mixed waste processing plus disposal; 3) benchmarking pricing in a high inflation environment; and 4) communicating the final recommendation to City Council.

Approach
HF&H proposes to assist the City in conducting a parallel negotiation with Republic and WM for future use of Newby Island or Kirby Canyon. We believe that a parallel negotiation will be simpler, shorter, and more productive than a competitive RFP process, while addressing the challenges identified above by generating immediate competition, providing the best available current market options and pricing, addressing City interest in MSW processing, and providing clear choices for the Council.

If the City is interested in MSW processing, HF&H recommends initiating discussions with Republic (Newby Island), GreenWaste Recovery {Charles Street in San Jose), and Sunnyvale (SMaRT Station). We can help the City assess the benefits and tradeoffs inherent in use of one of these privately- or publicly-owned options.

For C&D processing, HF&H recommends moving to a non-exclusive system in which generators have a choice of approved facilities, consistent with the Cupertino Municipal Code and State law. We recommend the City negotiate capacity at the nearby Zanker Road facility, which is among the best processors of C&D material in the country, as a guaranteed backstop for the City's generators but also to allow generators to use facilities that are on San Jose's certified C&D facility list. We will assist the City in negotiating a simple agreement that guarantees City generator access to capacity without addressing pricing.

HF&H recommends the City Council adopt a communication policy, such as the one used for the recent Recology negotiation. HF&H will assist the City in developing a process for evaluating the results of the negotiations and final Council approval of future services. The evaluation process should address cost factors, such as tip fees and transport cost, as well as qualitative factors, such as acceptance of the City's contract terms, tradeoffs in greenhouse emissions, and relative recovery rates from MSW processing. The Recology agreement has a process to adjust compensation for off-route costs to accommodate changes in facility location.

HF&H understands the City is seeking to or has already entered into a short extension with Republic.

Assuming this is the case, HF&H will develop a draft disposal agreement defining the City's needs and define MSW and C&D processing interests. A brief termsheet could be used to more rapidly initiate May 20, 2022 Page 9 HF&H Consultants, LLC
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City of Cupertino Technical Proposal
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discussion. In general, HF&H will refine our proposed approach, as necessary, following discussion with the City.

Deliverables
HF&H will assist the City in identifying and assessing options and approaches for disposal, MSW processing, and C&D processing. We will prepare a draft and final draft disposal agreement for use in a parallel negotiation and a termsheet summarizing MSW and processing needs, review proposals (including cost and non-cost factors), and assist in negotiating a new agreement(s) for disposition of materials.

Fee Estimate
The estimated fee for Task 1 is $125,000 - $150,000. Among the factors affecting cost:
• The degree of necessary coordination with other City departments and with outside counsel, if the City chooses to enlist such services.
• Whether the City Attorney's office or outside counsel determines that CEQA requires analysis of the impact of changes in transport.
• Recology cooperates with the City and HF&H during the review and audit process, providing timely and complete responses to information requests and data to support transport analysis, including CEQA-related transport analysis.
• The degree to which Zanker Road representatives cooperate in a timely manner in entering into an agreement with the City.
• The extent and nature of HF&H's assistance in supporting MSW processing discussions with Sunnyvale.

Task 2. Assistance with Rate Year Four Cost-Based Hauler Rate Adjustment Background
HF&H assisted the City in negotiating a ten-year rate plan with Recology that would balance the need to smooth rate increases by providing Recology a reasonable level of profit. Recology agreed to take losses in Rate Years One through Three, anticipating full recovery of costs in Rate Period Four and onward. The RY4 Cost-Based adjustment has the goal, within specified parameters, of fully compensating Recology for allowable costs. Final compensation will, at City discretion, be funded through rate revenues and use of reserves from the City's Resource Recovery Enterprise Fund.

Task 2 is an atypical cost-based review due to the variety of policy issues that factored into determining Recology's compensation and customer rates under the new agreement, including in part, Recology's shortfalls under the previous agreement, City fee revenue requirements, the City's reserve balances, and gradual changes to the rate structure. While the agreement delineates the review process and provides protections for both parties there are important discretionary policy issues for City consideration, especially if Recology is not meeting its requirements. Thus, as discussed below for Task 3 Assistance with Performance Review and Audit of Hauler During RY4, HF&H recommends coordinating the work for Task 2 and Task 3 such that the results from Task 3 inform the final Task 2 results.

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Approach
The agreement requires Recology to submit the Application on or before August 1, 2023. HF&H recommends that the City, HF&H, and Recology meet in May 2022, following submittal of Recology's financial statement, but well in advance of Recology's RY4 application submittal. The purpose of this meeting is to discuss agreement language regarding the approach and schedule for the review, remind Recology staff, as necessary, of the context of the review, discuss any related issues that the City or Recology wishes to address in the process, and to discuss coordination of the review with the conduct of Task 3 Performance Review and Audit. Meeting relatively early with Recology gives the City and HF&H the opportunity to hear and, if necessary, to resist any Recology effort to use the submittal to expand the review scope to increase compensation.

HF&H will review the submitted application for mathematical accuracy and logical consistency, confirming it follows the methodology specified in Exhibit E2 of the Franchise Agreement. The review will focus on vehicle capital expenditures, specific SB 1383 expenses including required added staff positions, forecasting of allowable costs based on predetermined indices and calculations subject to a five percent cap, and recalculation of franchise fees and City reimbursements.

Once HF&H has developed draft results, we will share them with the City and begin discussion of how best to allocate rate increases to customer classes and whether it will be desirable to again use reserves to smooth rates. HF&H will also discuss with the City whether there is interest in establishing a Vehicle Street Maintenance Fee. In 2020, at the City's request, HF&H conducted a cost nexus analysis to support such a fee, should the City wish to add it.

Deliverables
Draft, final draft, and final memo reports addressing our findings including reasonableness and comparison to industry standards. Supporting documents and data will be made available to the City upon request.

Fee Estimate
The estimated fee for Task 2 is $75,000 - $90,000. The cost range assumes:
• Coordination of Task 2 with the Task 3 Performance Review and Audit work provides timing, scope, and cost efficiencies for both Tasks 2 and 3.
• Recology cooperates with the City and HF&H during the review and audit process, including providing timely and complete responses to information requests.
• Recology's financial and operational performance during Rate Years One through Three and the City's existing approach to rate smoothing do not change, such that substantial revisions to the confidential model and ten-year plan are required to develop new projections. As a result, the City will not need significant HF&H assistance to reanalyze the use of City fees or reserves to meet funding needs, and it will not be necessary to remodel rate scenarios to not only address cost of service by customer class but also by container type within each customer class.

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Task 3. Assistance with Performance Review and Audit of Hauler During RY4 Background
Section 6.3 of the agreement allows the City to conduct two performance reviews and detailed financial audits, at the City's discretion, at any point during the term. The City chose to negotiate a new sole-source agreement with Recology, and it is our understanding that Recology's overall performance has been good.

The cost of performance reviews range widely depending on the number of issues and the level of detail at which each issue is reviewed. HF&H's recent financial audits of Recology did not identify any substantive issues or concerns. For the reasons above, HF&H recommends a targeted approach to both the performance review and audit that minimizes cost and maximizes value. HF&H believes that these goals can best be met by beginning the Task 3 Performance Review and Audit prior to or in tandem with the Task 2 work. This will ensure that the results of the Task 2 work are informed by the findings of Task 3, avoiding a situation in which the City approves a RY4 adjustment - effectively the new baseline for the next several years of compensation - and subsequently identifies performance or financial issues that might have led to a lower RY4 adjustment.

Approach
HF&H recommends that the City and HF&H meet in late 2022 to discuss the timing and the goals for the Performance Review and the Audit. Depending on the City's decision on timing, the City and HF&H will either meet with Recology prior to the May 2023 Task 2 meeting to discuss the Performance Review and Audit, or will discuss them with Recology at the May meeting.

Performance Review
Based on discussion with the City, HF&H will provide a detailed scope for addressing issues in up to four broad areas of performance, such as SB 1383 program compliance (including contamination monitoring), customer service, education and outreach, record keeping and reporting, and other contractual requirements. HF&H will share the scope of work with and transmit a request for information (RFI) to Recology. HF&H will review the responses and request any necessary clarification from Recology. HF&H may suggest the City consider modifications in the focus of the Performance Review, should the RFI response indicate benefit in doing so.

HF&H will assess the information provided by Recology against the requirements of the agreement. For example, if the City identified recordkeeping and reporting as an area of focus, HF&H might review submitted reports for the past 12 months for compliance and completeness with Exhibit D Reporting Requirements.

HF&H will be available to assist the City in monitoring Recology's continued compliance or improvement based on the results of the Performance Review. Based on the findings and after consultation with the City, HF&H will recommend steps that Recology and the City can take over-time to ensure needed improvements are achieved. As budget allows, HF&H will provide the City with direct assistance in monitoring Recology progress.

Audit
HF&H recommends that the Audit focus on City fee remittances (CF Audit) and review of key expenditures.

HF&H's 2020 Recology audit found that Recology was properly calculating and remitting City Fees in accordance with the prior agreement. The methodology for calculation and remittance of the City Fees is May 20, 2022 Page 12 HF&H Consultants, LLC
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the same in the new agreement and we do not anticipate a significant variance in the results. Thus, we propose that we audit the past 24 months of City Fee remittances to ensure compliance. For the key expenditures review, HF&H will assess whether Recology's larger, funded expenditures, such as capital purchases and new staff hires, have in fact been incurred. HF&H will communicate with the City and Recology regarding the specific objectives of the City Fee audit and the key expenditures review, and send a request for information (RFI) to Recology listing the required documentation and review submittals for mathematical accuracy to confirm compliance with the agreement.

As an alternative to, or possibly an addition to the CF Audit, HF&H suggests that the City consider conducting a billing audit to review the revenue generated from customer billings in order to assess the reasonableness and accuracy of the gross rate revenue, as reported by Recology. A billing audit entails review of the current customer subscription data and calculation of actual revenues based on thencurrent rates followed by testing a limited sample of commercial and residential customer accounts to verify the rates match the current approved rate schedule.

Deliverables
Performance Review
Draft, final draft, and final memos addressing our findings, including reasonableness and comparison to industry standards, and recommendations on any areas for improvement. Recology will have the opportunity to review the findings and recommendations before they are finalized. Supporting documents and data will be made available to the City upon request. HF&H will assist the City in developing a monitoring process and will be available to assist with monitoring Recology's progress towards making needed improvements, as described above.

Audit
Draft, final draft, and final memos addressing our findings including reasonableness and comparison to industry standards, and recommendations on any areas for improvement. Supporting documents and data will be made available to the City upon request.

Fee Estimate
The estimated fee for Task 3 is $60,000 ($50,000 for the Performance Review and $10,000 for the Audit).

The cost range assumes:
• Coordination of Task 3 with the Task 2 Cost-Based Review work provides timing, scope, and cost efficiencies for both tasks.
• Recology cooperates with the City and HF&H during the review and audit process, including providing timely and complete responses to information requests.

Task 4. Residue Audits
Background
Achieving the organics disposal reduction goals of SB 1383 requires that organic material be properly sorted and processed into beneficial recovered product. Waste characterizations can play an important role in this process, but often cost hundreds of thousands of dollars. HF&H proposes to work with the City to create a targeted methodology(ies) that provides the maximum value at minimized cost.

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SB 1383 requires that jurisdictions conduct contamination monitoring (through route reviews or waste evaluations) and requires certain facilities to conduct evaluations of post-processing residue and recovery efficiency. The City's new franchise agreement delegates these responsibilities to Recology, which is now compensated for services related to contamination monitoring and compliance with facility contamination sampling as follows:
• Section 4.2.C - Recology is required to actively work with the Organic Materials Processing Facility over the term to ensure that contamination of organic materials delivered to the Processing Facility remains below the limits established by applicable law, including SB 1383. • Section 4.2.D- Recology is required to ensure that the organics processing facility and transfer facility comply with SB 1383 incompatible materials limits and sampling requirements. • Section 4.13.1- Recology is required to conduct annual SB 1383 contamination route monitoring. • Exhibit B.4, Section 7 - Recology is required to cooperate with and assist the City with waste characterization studies "at no additional compensation, provided such assistance does not interfere with Contractor's operations and is at no or de minimis cost to Contractor. Such assistance shall include allowing the City and its agents to perform generation and characterization studies at the Approved Transfer Facility at no additional compensation ... Contractor shall work with the City's agents to provide a waste characterization plan for the City's approval that details methods, proposes material types to study, dates and times of studies, and number of sites to study in each sector." Approach
HF&H will work with the City, as provided in the SOQ question responses, to conduct sorts of "Cupertino material before it gets commingled and leaves the Recology transfer station to see how much noncompostable material is included and how that compares with the facility-level diversion rates." Targeted sorts of collected material can help the City identify the most common contaminants, determine if certain sectors or routes have chronic contamination, and determine how City and Recology outreach efforts can best be targeted, etc. HF&H also wants to ensure that sorts expand on, rather than duplicate, the services Recology is already compensated to perform, and will seek to minimize City cost by enlisting Recology assistance as required in Exhibit B-4.

HF&H staff will conduct an initial design meeting with City staff to further understand the City's priorities and determine the metrics to be measured, followed by discussion with Recology of what assistance they will provide. Example key questions that will shape project schedule and costs include:
• What information is the City looking to gain and what studies will be necessary to capture this information? Sort methodology(ies) need to align with specific goals for the sort, including the types of studies and how each is designed. While factors mentioned below, such as how the number of samples will impact costs, the study design process is in itself one of the more significant costs. For example, should certain sectors (e.g., single-family or multi-family) be the focus or should all sectors be included? Should specific routes or portions of routes be targeted to measure changes in contamination over time, based on Recology's contamination monitoring? HF&H will help the City consider the interaction between Recology's route reviews and the City's sampling process. The City may wish to verify Recology's results or to select different samples in order to get information not covered in the route audits.
• How important is statistical significance? Providing for statistically significant results requires sorting more samples at greater cost. Given the large capital investment involved, facility and collection May 20, 2022 Page 14 HF&H Consultants, LLC
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City of Cupertino Technical Proposal
Solid Waste Consulting Services Proposal
program development benefit from statistically significant results. But larger margins of error are more acceptable if the goal is to measure relative amounts of different types of contamination, relative changes in contamination in specific areas of the City over-time, and to target education efforts. While more precision has its benefits, the City should weigh the extent to which increased sampling and associated cost achieves City goals.
• How many studies should be conducted and how frequently? For example, the City could conduct a full one-day study or multiple studies over an extended period of time. One study would be more operationally efficient and cost-effective, but less representative of fluctuations over time. In general, HF&H recommends use of several smaller repeats of targeted sorts that allow for assessing change over time.
• How will Recology assist? Recology is required, if requested to provide a waste characterization plan for the City's approval, and to assist with the City with waste characterization studies. HF&H will assist the City in determining whether, and in what form, to take advantage of Recology assistance during the design process. HF&H assumes Recology will cooperate with the study, as required by the franchise agreement, including providing one piece of heavy equipment and a licensed operator. • What communication and work/low processes will be needed for the project? Factors such as the number of meetings, whether meetings are virtual or in person, the number of review cycles of work products, and the number of City staff needing to review work products will impact study timing and cost.

Based on City direction regarding the above issues, HF&H will design and manage the sort(s) based on the agreed methodology(ies). HF&H will obtain and manage a qualified sort crew, as necessary, to augment HF&H staff, drawing on sources, such as the Conservation Corps and the San Jose State waste management program, supplemented by industry networks and temporary staffing firms. As HF&H's lead staff, Alison and Danielle are experienced in conducting waste characterizations and will supervise daily operations of the crew.

HF&H will document and analyze the results of the sort(s) and will compare the results to available Recology data from Recology's contamination route reviews and required State facility reporting.

Deliverables:
• Documented methodology(ies).
• Waste characterization results, with raw data available upon request. • Brief report containing a summary of the sort methodology, characterization and contamination analysis, and summary of findings and recommendations.

Fee Estimate
Our estimated fee for Task 4 is $25,000 to $50,000, depending on the factors discussed above, including the study design and resulting number of samples, the range of types of required methodologies, and the number of sorts.

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POLICY NUMBER: OBF-D681476-04
emergency medical technician or paramedic
employed by you if you are not engaged in the
business or occupation of providing medical,
paramedical, surgical, dental, x-ray or nursing
services.

6. Personal Injury - Broad Form
a. SECTION II - LIABILITY, B. Exclusions, 2.

7. Product Recall Expense
a. SECTION II - LIABILITY, B. Exclusions, 1.

Applicable To Business Liability Coverage,
~
!&~Hanover
Insurance GroupOBF 0681476 5701751
o. Recall of Products, Work or Impaired
Property is replaced by the following:
o. Recall of Products, Work or Impaired
Property
Damages claimed for any loss, cost or
expense incurred by you or others for
the loss of use, withdrawal, recall,
inspection, repair, replacement,
adjustment, removal or disposal of:
(1) "Your product";
(2) "Your work"; or
(3) "Impaired property";
If such product, work or property is
withdrawn or recalled from the market or
from use by any person or organization
because of a known or suspected defect,
deficiency, inadequacy or dangerous
condition in it, but this exclusion does
not apply to "product recall expenses"
that you incur for the "covered recall" of
"your product".

However, the exception to the exclusion
does not apply to "product recall
expenses" resulting from :
(4) Failure of any products to accomplish
their intended purpose;
(5) Breach of warranties of fitness,
quality, durability or performance;
(6) Loss of customer approval, or any
cost incurred to regain customer
approval;
(7) Redistribution or replacement of
"your product" which has been
recalled by like products or
substitutes;
(8) Caprice or whim of the insured;
(9) A condition likely to cause loss of
which any insured knew or had
reason to know at the inception of
this insurance;
(10)Asbestos, including loss, damage or
clean up resulting from asbestos or
asbestos containing materials; or
(11) Recall of "your products" that have
no known or suspected defect solely
because a known or suspected
defect in another of "your products"
has been found.
b. The following is added to SECTION II - LIABILITY, C. Who Is An Insured, paragraph

3.b.:
"Product recall expense" arising out of any
withdrawal or recall that occurred before you
acquired or formed the organization.
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POLICY NUMBER: OBF-D681476-04
(3) Any physical or chemical change in the
product made intentionally by the
vendor;
(4) Repackaging, unless unpacked solely for
the purpose of inspection,
demonstration, testing, or the
substitution of parts under instruction
from the manufacturer, and then
repackaged in the original container;
(5) Any failure to make such inspection,
adjustments, tests or servicing as the
vendor has agreed to make or normally 3.
undertakes to make in the usual course
of business in connection with the sale
of the product;
(6) Demonstration, installation, servicing or
repair operations, except such
operations performed at the vendor's
premises in connection with the sale of
the product;
(7) Products which, after distribution or sale
by you, have been labeled or relabeled
or used as a container, part or 4.
ingredient of any other thing or
substance by or for the vendor;
(8) "Bodily injury" or "property damage"
arising out of the sole negligence of the
vendor for its own acts or omissions or
those of its employees or anyone else
acting on its behalf. However, this
exclusion does not apply to:
(a) The exceptions contained within the
exclusion in subparagraphs (4) or (6)
above; or
(b) Such inspections, adjustments, tests
or servicing as the vendor has
agreed to make or normally
undertakes to make in the usual
course of business, in connection
with the distribution or sale of the
products.
(9) "Bodily injury" or "property damage"
arising out of an "occurrence" that took
place before you have signed the
contract or agreement with the vendor.
(10)To any person or organization included
as an insured by another endorsement
issued by us and made part of this
Coverage Part.
(11)Any insured person or organization,
from whom you have acquired such
products, or any ingredient, part or
container, entering into, accompanying 5.
or containing such products.
d. With respect to the insurance afforded to
these vendors, the following is added to
SECTION II - LIABILITY, D. Liability and
Medical Expense Limits of Insurance:

The most we will pay on behalf of the vendor
for a covered claim is the lesser of the
amount of insurance:

1. Required by the contract or agreement
described in Paragraph a.; or

2. Available under the applicable Limits of
Insurance shown in the Declarations;
This endorsement shall not increase the
applicable Limits of Insurance shown in the
Declarations.

Alienated Premises
SECTION II - LIABILITY, B. Exclusions, 1.

Applicable To Business Liability Coverage k.

Damage to Property, paragraph (2) is replaced by
the following :
(2) Premises you sell, give away or abandon, if
the "property damage" arises out of any part
of those premises and occurred from hazards
that were known by you, or should have
reasonably been known by you, at the time
the property was transferred or abandoned.

Broad Form Property Damage - Borrowed
Equipment, Customers Goods, Use of Elevators
a. The following is added to SECTION II - LIABILITY, B. Exclusions, 1. Applicable To Business Liability Coverage, k. Damage to
Property:

Paragraph (4) does not apply to "property
damage" to borrowed equipment while at a
jobsite and not being used to perform
operations.

Incidental Malpractice - Employed Nurses, EMT's
and Paramedics
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POLICY NUMBER: OBF-O681476-04
c. This provision does not apply:
(1) Unless the written contract or written
agreement was executed or permit was
issued prior to the "bodily injury",
"property damage", or "personal injury
and advertising injury".
(2) To any person or organization included
as an insured by another endorsement
issued by us and made part of this
Coverage Part.
(3) To any lessor of equipment:
(a) After the equipment lease expires; or
(b) If the "bodily injury", "property
damage", "personal and advertising
injury" arises out of sole negligence
of the lessor.
(4) To any:
(a) Owners or other interests from whom
land has been leased if the
"occurrence" takes place or the
offense is committed after the lease
for the land expires; or
(b) Managers or lessors of premises if:
(i) The "occurrence" takes place or
the offense is committed after
you cease to be a tenant in that
premises; or
(ii) The "bodily injury", "property
damage", "personal injury" or
"advertising injury" arises out of
structural alterations, new
construction or demolition
operations performed by or on
behalf of the manager or lessor.
(5) To "bodily injury", "property damage" or
"personal and advertising injury" arising
out of the rendering of or the failure to
render any professional services.

OBF 0681476 5701751
The most we will pay on behalf of the
additional insured for a covered claim is the
lesser of the amount of insurance:

1. Required by the contract, agreement or
permit described in Paragraph a.; or

2. Available under the applicable Limits of
Insurance shown in the Declarations.

This endorsement shall not increase the
applicable Limits of Insurance shown in the
Declarations
e. All other insuring agreements, exclusions,
and conditions of the policy apply.

2. Additional Insured - Broad Form Vendors
The following is added to SECTION II -
LIABILITY, C. Who Is An Insured:

Additional Insured - Broad Form Vendors
a. Any person or organization that is a vendor
with whom you agreed in a written contract
or written agreement to include as an
additional insured under this Coverage Part
is an insured, but only with respect to liability
for "bodily injury" or "property damage"
arising out of "your products" which are
distributed or sold in the regular course of
the vendor's business.
b. The insurance afforded to such vendor
described above:
(1) Only applies to the extent permitted by
law;
(2) Will not be broader than the insurance
which you are required by the contract or
agreement to provide for such vendor;
(3) Will not be broader than coverage
provided to any other insured; and
(4) Does not apply if the "bodily injury",
"property damage" or "personal and
advertising injury" is otherwise excluded
from coverage under this Coverage Part, including any endorsements thereto c. With respect to insurance afforded to such
vendors, the following additional exclusions
apply:

BUSINESSOWNERS LIABILITY SPECIAL BROADENING ENDORSEMENT This endorsement modifies insurance provided under the following:

BUSINESSOWNERS COVERAGE FORM
SUMMARY OF COVERAGES Limits Page

1. Additional Insured by Contract, Agreement or Permit Included 1

2. Additional Insured - Broad Form Vendors Included 2

3. Alienated Premises Included 3

4. Broad Form Property Damage - Borrowed Equipment, Customers Included 3 Goods and Use of Elevators

5. Incidental Malpractice (Employed Nurses, EMT's and Paramedics) Included 3

6. Personal and Advertising Injury - Broad Form Included 4

7. Product Recall Expense Included 4
Product Recall Expense Each Occurrence Limit $25,000 5 Occurrence Product Recall Expense Aggregate Limit $50,000 5 Aggregate Product Recall Deductible $500 5

8. Unintentional Failure to Disclose Hazards Included 6

The following changes are made to SECTION II -
LIABILITY:

1. Additional Insured by Contract, Agreement or
Permit
The following is added to SECTION II -
LIABILITY, C. Who Is An Insured:

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

PRODUCER ~~~1~CT Holly Alessi
Newfront Insurance Services, LLC r.~~N.t E•II: (415) 754-3635 IFAX IA/C Nol:
450 Sansome Street ~t1DA~~ss, [email protected] Suite 300 INSURERCS\ AFFORDING COVERAGE NAIC#
San Francisco CA 94111 INSURER A: Citizens Ins Co of America 31534 INSURED INSURER B: Hartford Casualty Ins Co 29424
HF&H Consultants, LLC INSURERC: Gemini Insurance Company 10833 INSURER D: Hudson Excess Insurance Co 14484
590 Ygnacio Valley Rd . Suite 105 INSURER E:

Walnut Creek CA 94596 INSURER F:

COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE ,.,c:n WVD POLICY NUMBER CMM/DD/YYYY\ CMM/DD/YYYYl LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 - □ CLAIMS-MADE [8J OCCUR
DAMAGE Tu RENTED
PREMISES /Ea occurrence) $ 1,000,000
MED EXP (Any one person) $ 10,000 -
A X X OBF-D6814 76-04 09/06/2021 09/06/2022 PERSONAL & ADV INJURY $ 2,000,000 - GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 ~ POLICY JECT PRO- LOG PRODUCTS - COMP/OP AGG $ 3,000,000 OTHER: $
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 /Ea accident\ - ANY AUTO BODILY INJURY (Per person) $ f-- ALL OWNED - SCHEDULED A OBF-D681476-04 09/06/2021 09/06/2022 BODILY INJURY (Per accident) $ f-- AUTOS AUTOS X X NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS /Per accident\ f-- f-- $

X UMBRELLA LIAB
~ OCCUR EACH OCCURRENCE $ 3,000,000 f--
A EXCESS LIAB CLAIMS-MADE X X OBF-D681476-04 09/06/2021 09/06/2022 AGGREGATE $ 3,000,000 OED I I RETENTION $ $
WORKERS COMPENSATION XI ~-\%uTE I I OTHAND EMPLOYERS' LIABILITY ER YIN

B ANYPROPRIETOR/PARTNER/EXECUTIVE
□ X E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N/A 57WECZR5765 09/06/2021 09/06/2022 (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under
DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 C Errors and Omissions VNPL008121 09/06/2021 09/06/2022 Each claim: $2,000,000
General aggregate: $2,000,000
Claims-made Deductible: $10.000
DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) (Insurer D) - Cyber Liability- CYB-3015118-00 - (03/31/2021 - 09/06/2022)- Each Claim: $1,000,000.

The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers is included as an additional insured as required by a written contract with respect to General Liability. Coverage is Primary and Non-Contributory. Waiver of subrogation applies in favor of the certificate holder with respect to General Liability and Workers Compensation. Umbrella Follows Form. Notice of Cancellation form #IL 00 17 11 98 applies with respect to the General Liability policy.

CERTIFICATE HOLDER CANCELLATION

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

AUTHORIZED REPRESENTATIVE
10300 Torre Ave 1'? I
Cupertino CA 95014 ~Z,,-.,,1.--
I I
© 1988-2014 ACORD CORPORATION. All rights reserved.

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available, through the addition of both CG 20 I 0, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used.

Primary Coverage
For any claims related to this Contract, the Contractor's insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of Contractor's insurance and shall not contribute to it.

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

Waiver of Subrogation
Contractor grants to City a waiver of any right to subrogation which any insurer of said Contractor may acquire against City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

Self-Insured Retentions
City may approve self-insured retentions and require proof of Contractor's ability to pay losses and related investigations, claim administration and defense expenses within the retention. The policy shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.

Acceptability of Insurers
Insurers must be acceptable to City and licensed to do business in California, and each insurer must have an A.M. Best's financial strength rating of "A" or better and a financial size rating of "VII" orbetter.

Claims Made Policies (applicable only to professional liability) If any of the required policies provide coverage on a claims-made basis:

1. The Retroactive Date must be shown and must be before the Effective Date of the Contract.

2. Insurance must be maintained for at least five (5) years after completion of the Services.

3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the Contract Effective Date, the Contractor must purchase "extended reporting" coverage for a minimum of five (5) years after completion of the Services.

Verification of Coverage
Contractor shall furnish the City with acceptable original certificates and mandatory endorsements ( or copies of the policies effecting the coverage required by this Contract), and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City prior to commencing the Services. City retains the right to demand verification of compliance at any time duringthe Contract.

Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors.

Insurance coverage shall not limit Contractor's duties to indemnify, defend and hold City harmless. City reserves the right to modify these requirements based on the nature of the risk, prior experience, insurer, coverage or other special circumstances.

Insurance Requirements for Professional/Specialized Services Version: Sept. 2019 Agreement
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EXHIBITC
Insurance Requirements
Professional/Specialized Services Agreement
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance and results of the Services hereunder by the Contractor, his agents, representatives, employees or subcontractors.

MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:

1. Commercial General Liability (CGL ): Insurance Services Office ("ISO") Form CG 0001 covering CGL on an "occurrence" basis, including products and completed operations, contractual liability, property damage, bodily injury, and personal and advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this Project (ISO CG 25 03 or 25 04) or it shall be twice the required occurrence limit. a. It shall be a requirement under this agreement that ariy available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be made available to the Additional Insured and shall be (1) the minimum coverage/limits specified in this agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy, whichever is greater. b. Additional Insured coverage under Contractor's policy shall be "primary and noncontributory," will not seek contribution from City's insurance/self-insurance, and shall be at least as broad as ISO CG 20 10 04 13
c. The limits of insurance required may be satisfied by a combination of primary and umbrella or excess insurance, provided each policy complies with the requirements set forth in this Contract. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary basis for the benefit of City before the City's own insurance or self-insurance shall be called upon to protect City as a named insured.

2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or, if Contractor has no owned autos, then hired autos (Code 8) and non-owned autos (Code 9), with limits no less than $1,000,000 per accident for bodily injury and property damage.

3. Workers' Compensation: As required by the State of California, with Statutory Limits, and Employer's Liability Insurance of no less than $1,000,000 per occurrence for bodily injury or disease. (Not required if Contractor provides written verification it has no employees).

4. Professional Liability. Insurance which includes coverage for professional acts, errors and omissions, with limits no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate (if applicable).

If Contractor maintains broader coverage and/or higher limits than the minimums shown above, City requires and shall be entitled to the broader coverage and higher insurance limits maintained by Contractor.

OTHER INSURANCE PROVISIONS
The insurance policies are to contain, or be endorsed to contain, the following provisions:

Additional Insured Status
The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers are to be covered as additional insureds on the CGL and automobile liability policies with respect to liability arising out of the Services performed by or on behalf of Contractor including materials, parts, or equipment furnished. Endorsement of CGL coverage shall be at least as broad as ISO Form CG 20 IO 11 85 or if not Insurance Requirements for Professional/Specialized Services Version: Sept. 2019 Agreement
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CITY OF CUPERTINO
ExhibitB

MASTER AGREEMENT CONSULTANT SERVICES
SERVICE ORDER NO.

MASTER AGREEMENT #: MA Date:

Maximum Compensation: MA End Date:

Consultant: Firm Name:

Address:

Contact: Ph:

Email Address:

Project Name:

Description: (simple project description if appropriate) Attachment A: Includes Description of Project, Scope of Service, Schedule of Performance and Compensation
City Project Management
Managing Department: Public Works Project Manager:

Fiscal/Budget :

Master Agreement Maximum Compensation: ----------- Total Previously Encumbered to Date: ----------- Encumbrance this Service Order: ----------- Master Agreement Unencumbered Balance: ----------- SO Acc't #: PO#:

Project#: Date:

Approvals:

Consultant: Date:

CIP Manager: Date: --------------- Appropriation Certification: I hereby certify that an unexpended appropriation is available in the above fund for the above contract as estimated and that fund are available as of this date of signature City Finance: Date: --------------- Man age men t Analyst City of Cupertino Master Agreement Service Order 206
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POLICY NUMBER: OBF-D681476-04
c. The following is added to SECTION II -
LIABILITY, D. Liability and Medical Expenses
Limits of Insurance:

In that case, the additional period will be
deemed part of the last preceding period for
the purposes of determining the Limits of
Insurance.
d. The following is added to SECTION II - LIABILITY, E. Liability and Medical Expense General Conditions, 2. Duties in the Event of
Occurrence, Offense, Claim or Suit:

You must see to it that the following are
done in the event of an actual or anticipated
"covered recall" that may result in "product
recall expense":
(1) Give us prompt notice of any discovery
or notification that "your product" must
be withdrawn or recalled . Include a
description of "your product" and the
reason for the withdrawal or recall ;
(2) Cease any further release, shipment, consignment or any other method of distribution of like or similar products
until it has been determined that all
such products are free from defects that
could be a cause of loss under this
insurance.
e. For the purposs of this endorsement, the
following definitions are added to SECTION
II - LIABILITY, F. Liability and Medical
Expenses Definitions:

2. "Product recall expense(s)" means:
a. Necessary and reasonable expenses
for:
(1) Communications, including radio
or television announcements or
printed advertisements including
stationary, envelopes and
postage;
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POLICY NUMBER: OBF-D681476-04
f.
(2) Shipping the recalled products
from any purchaser, distributor or
user to the place or places
designated by you;
(3) Remuneration paid to your
regular "employees" for
necessary overtime;
(4) Hiring additional persons, other
than your regular "employees";
(5) Expenses incurred by "employees" 8•
including transportation and
accommodations;
(6) Expenses to rent additional
warehouse or storage space;
(7) Disposal of "your product", but
only to the extent that specific
methods of destruction other than
those employed for trash
discarding or disposal are 9.
required to avoid "bodily injury"
or "property damage" as a result
of such disposal,
you incur exclusively for the purpose
of recalling "your product"; and
b. Your lost profit resulting from such
"covered recall".

This Product Recall Expense Coverage does
not apply:
~
!&~Hanover
Jnsurance GroupOBF 0681476 5701751
(1) If the "products - completed operations
hazard" is excluded from coverage under
this Coverage Part including any
endorsement thereto; or
(2) To "product recall expense" arising out of
any of "your products" that are otherwise
excluded from coverage under this
Coverage Part including endorsements
thereto.

Unintentional Failure to Disclose Hazards
The following is added to SECTION II -
LIABILITY, E. Liability and Medical Expenses
General Conditions:

Representations
We will not disclaim coverage under this
Coverage Part if you fail to disclose all hazards
existing as of the inception date of the policy
provided such failure is not intentional.

Unintentional Failure to Notify
The following is added to SECTION II - LIABILITY, E. Liability and Medical Expenses General Conditions, 2. Duties in the Event of
Occurrence, Offense, Claim or Suit:

ALL OTHER TERMS, CONDITIONS, AND EXCLUSIONS REMAIN UNCHANGED. 391-1006 08 16 Includes copyrighted materials of Insurance Services Offices, Inc., with its permission. Page 6 of 6 208
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POLICY NUMBER: OBF-O681476-04

1. SECTION I - PROPERTY, if two or more of
this coverage part's coverages apply to
the same loss or damage, we will not pay
more than the actual amount of the loss or
damage.

This condition does not apply to any
Excess or Umbrella Policy issued by us
specifically to apply as excess insurance
over this policy.

H. Other Insurance

OBFD681476 5701751
However, if you agree in a written
contract, written agreement, or
written permit that the insurance
provided to any person or
organization included as an
Additional Insured under this
Coverage Part is primary and
non-contributory, we will not seek
contribution from any other
insurance available to that Additional
Insured which covers the Additional
Insured as a Named Insured except:
(1) For the sole negligence of the
Additional Insured; or
(2) When the Additional Insured is
an Additional Insured under
another liability policy.
b. Excess Insurance
This insurance is excess over:
(1) Any of the other insurance,
whether primary, excess,
contingent or on any other basis:
(a) That is Fire, Extended
Coverage, Builder's Risk,
Installation Risk or similar
coverage for "your work";
(b) That is Property Insurance for
premises rented to you or
temporarily occupied by you
with permission of the owner;
(c) That is insurance purchased
by you to cover your liability
as a tenant for "property
damage" to premises rented
to you or temporarily
occupied by you with
permission of the owner; or
(d) If the loss arises out of the
maintenance or use of
aircraft, "autos" or watercraft
to the extent not subject to

When this insurance is excess, we
will have no duty under SECTION II -
LIABILITY to defend the insured
against any "suit" if any other
insurer has a duty to defend the
insured against that "suit". If no other
insurer defends, we will undertake to
do so, but we will be entitled to the
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POLICY NUMBER: OBF-O681476-04
insured's rights against all those other
insurers.
c. When this insurance is excess over other
insurance, we will pay only our share of
the amount of the loss, if any, that
exceeds the sum of:
(1) The total amount that all such other
insurance would pay for the loss in
the absence of this insurance; and
(2) The total of all deductible and
self-insured amounts under all that
other insurance.
d. We will share the remaining loss, if any,
with any other insurance that is not
described in this provision and was not
bought specifically to apply in excess of
the Limits of Insurance shown in the
Declarations for this Coverage.
e. Method of Sharing
If all of the other insurance permits
contribution by equal shares, we will
follow this method also. Under this
approach each insurer contributes equal
amounts until it has paid its applicable
Limit of Insurance or none of the loss
remains, whichever comes first.

I. Premiums

1. The first Named Insured shown in the
Declarations:
a. Is responsible for the payment of all
premiums; and
b. Will be the payee for any return
premiums we pay.

Our forms then in effect will apply. If you
do not pay the continuation premium, this
policy will expire on the first anniversary
date that we have not received the
premium.

J. Premium Audit

1. This policy is subject to audit if a premium
designated as an advance premium is
shown in the Declarations. We will
compute the final premium due when we
determine your actual exposures.

3. The first Named Insured must keep
records of the information we need for
premium computation and send us copies
at such times as we may request.

K. Transfer of Rights of Recovery Against Others
to Us

1. Applicable to SECTION I - PROPERTY
Coverage:

If any person or organization to or for
whom we make payment under this policy
has rights to recover damages from
another, those rights are transferred to us
to the extent of our payment. That person
or organization must do everything
necessary to secure our rights and must
do nothing after loss to impair them. But
you may waive your rights against another
party in writing :
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POLICY NUMBER: OBF-0681476-04
a. Prior to a loss to your Covered
Property.
b. After a loss to your Covered Property
only if, at time of loss, that party is
one of the following:
(1) Someone insured by this
insurance;
(2) A business firm:
(a) Owned or controlled by you;
or
(b) That owns or controls you; or
(3) Your tenant.

You may also accept the usual bills of
lading or shipping receipts limiting the
liability of carriers.

This will not restrict your insurance.

2. Applicable to SECTION II - LIABILITY
Coverage:

If the insured has rights to recover all or
part of any payment we have made
under this Coverage Part, those rights
are transferred to us. The insured must
do nothing after loss to impair such
rights. At our request, the insured will
bring "suit" or transfer those rights to us
and help us enforce them.
~
~~Hanover
Insurance GroupOBF D681476 5701751
We waive any right of recovery we may
have against any person or
organization with whom you have a
written contract, permit or agreement
to waive any rights of recovery against
such person or organization because of
payments we make for injury or
damage arising out of your ongoing
operations or "your work" done under a
contract with that person or
organization and included in the
"products-completed operations
hazard".

This condition does not apply to
Medical Expenses Coverage.

L. Transfer of Your Rights and Duties Under
This Policy
Your rights and duties under this policy
may not be transferred without our written
consent except in the case of death of an
individual Named Insured. If you die, your
rights and duties will be transferred to your
legal representative but only while that
legal representative is acting within the
scope of their duties as your legal
representative. Until your legal
representative is appointed, anyone with
proper temporary custody of your property
will have your rights and duties but only
with respect to that property.
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THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

WAIVER OF OUR RIGHT TO RECOVER FROM

OTHERS ENDORSEMENT - CALIFORNIA
Policy Number: 57 WEC ZR5765 Endorsement Number:

Effective Date: 09/06/21 Effective hour is the same as stated on the Information Page of the policy.

Named Insured and Address: HF&H CONSULTANTS LLC
201 N CIVIC DR STE 230
WALNUT CREEK CA 94596
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule.

The additional premium for this endorsement shall be 2 % of the California workers' compensation premium otherwise due on such remuneration.

SCHEDULE
Person or Organization Job Description
Any person or organization for whom you are required by written contract or agreement to obtain this waiver of rights from us
Countersigned by
...;_===========;;-A-u;-;: tn==o::::; nz:::::e::::;;:::;;;;::;: ep:;::r;;;; e;::;: se===n=;:t:::; at;;:: 1v;::=e=----- Form WC 04 03 06 (1) Printed in U.S.A.

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POLICY NUMBER: OBF-D681476-04

COMMON POLICY CONDITIONS
All Coverage Parts included in this policy are subject to the following conditions.

A. Cancellation

1. The first Named Insured shown in the
Declarations may cancel this policy by
mailing or delivering to us advance written
notice of cancellation.

2. We may cancel this policy by mailing or
delivering to the first Named Insured written
notice of cancellation at least:
a. 10 days before the effective date of
cancellation if we cancel for nonpayment
of premium; or
b. 30 days before the effective date of
cancellation if we cancel for any other
reason.

3. We will mail or deliver our notice to the first
Named lnsured's last mailing address known
to us.

4. Notice of cancellation will state the effective
date of cancellation. The policy period will
end on that date.

5. If this policy is cancelled, we will send the
first Named Insured any premium refund
due. If we cancel , the refund will be pro rata.

If the first Named Insured cancels, the refund
may be less than pro rata . The cancellation
will be effective even if we have not made or
offered a refund .

6. If notice is mailed, proof of mailing will be
sufficient proof of notice.

B. Changes
This policy contains all the agreements between
you and us concerning the insurance afforded.

The first Named Insured shown in the
Declarations is authorized to make changes in
the terms of this policy with our consent. This
policy's terms can be amended or waived only
by endorsement issued by us and made a part
of this policy.

C. Examination Of Your Books And Records
We may examine and audit your books and
records as they relate to this policy at any time
during the policy period and up to three years
afterward .

D. Inspections And Surveys

1. We have the right to:
a. Make inspections and surveys at any
time;
b. Give you reports on the conditions we
find; and
c. Recommend changes.

2. We are not obligated to make any
inspections, surveys, reports or
recommendations and any such actions we
do undertake relate only to insurability and
the premiums to be charged. We do not
make safety inspections. We do not
undertake to perform the duty of any person
or organization to provide for the health or
safety of workers or the public. And we do
not warrant that conditions:
a. Are safe or healthful; or
b. Comply with laws, regulations, codes or
standards.

3. Paragraphs 1. and 2. of this condition apply
not only to us, but also to any rating,
advisory, rate service or similar organization
which makes insurance inspections, surveys,
reports or recommendations.

4. Paragraph 2. of this condition does not apply
to any inspections, surveys, reports or
recommendations we may make relative to
certification, under state or municipal
statutes, ordinances or regulations, of
boilers, pressure vessels or elevators.

E. Premiums
The first Named Insured shown in the
Declarations:

1. Is responsible for the payment of all
premiums; and

2. Will be the payee for any return premiums
we pay.

F. Transfer Of Your Rights And Duties Under This
Policy
Your rights and duties under this policy may not
be transferred without our written consent
except in the case of death of an individual
named insured .

If you die, your rights and duties will be
transferred to your legal representative but only
while acting within the scope of duties as your
legal representative. Until your legal
representative is appointed, anyone having
proper temporary custody of your property will
have your rights and duties but only with
respect to that property.

IL 00 1711 98 Copyright, Insurance Services Offi ce, Inc., 1998 Page 1 of 1 213
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Attachment C
RESOLUTION NO. 24-XXX

A RESOLUTION OF THE CUPERTINO CITY COUNCIL AMENDING THE OPERATING BUDGET FOR FISCAL YEAR 2023-24 BY APPROPRIATING,

TRANSFERRING, AND UNAPPROPRIATING MONIES FOR SPECIFIED
FUNDS
WHEREAS,the orderly administration of municipal government depends on a sound fiscal policy of maintaining a proper ratio of expenditures within anticipated revenues and available monies; and
WHEREAS, accomplishing City Council directives, projects and programs, and performing staff duties and responsibilities likewise depends on the monies available for that purpose; and
WHEREAS, the City Manager has determined that the balances from the funds specified in this resolution are adequate to cover the proposed amended appropriations, and therefore recommends the fund reallocations described herein.

NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby approve the recommended fund reallocations and ratifies the attached amended appropriations as set forth in Exhibit A.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 7th day of May 2024, by the following vote:

Vote Members of the City Council
AYES:

NOES:

ABSENT:

ABSTAIN:

SIGNED:
________
Sheila Mohan, Mayor
City of Cupertino
________________________
Date
ATTEST:
________________________
Kirsten Squarcia, City Clerk
________________________
Date
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Attachment C
Exhibit A
Appropriation
Amendment by Fund
Appropriation
Amendment
Revenue
Amendment
Fund Balance
(Use of)
Resource Recovery (520) 80,000 - (80,000)
Total Appropriation
Amendment All Funds $80,000 $- $(80,000)
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CITY OF CUPERTINO
Agenda Item
24-13084 Agenda Date: 5/7/2024
Agenda #: 9.

Subject: Fiscal Year 2024-25 Fee Schedule (continued from April 16, 2024) Continue the item to May 14, 2024
CITY OF CUPERTINO Page 1 of 1 Printed on 5/1/2024
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CITY OF CUPERTINO
Agenda Item
24-12962 Agenda Date: 5/7/2024
Agenda #: 10.

Subject: 2024 Legislative Update
Receive an overview of pending legislation and direct staff to prepare and send letters taking positions on the following:
1) Bay Area Affordable Housing Measure (BAHFA) - Affordable Housing 2) Assembly Bill (AB) 1779 (Irwin) - Public Safety
3) Senate Bill (SB) 1143 (Allen) - Environmental - Waste Management Presenters: Tina Kapoor, Deputy City Manager and Gonsalves and Son CITY OF CUPERTINO Page 1 of 1 Printed on 5/1/2024
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CITY COUNCIL STAFF REPORT
Meeting: May 7, 2024
Subject
2024 Legislative Update
Recommended Action
Receive an overview of pending legislation and direct staff to prepare and send letters taking positions on the following:
1) Bay Area Affordable Housing Measure (BAHFA) – Affordable Housing 2) AB 1779 (Irwin) – Public Safety
3) SB 1143 (Allen) – Environmental – Waste Management
Reasons for Recommendation
Background
At the January 17 City Council meeting, Council received an informational memo1 outlining the 2024 Legislative Process and the following priorities that were proposed based on Council-adopted goals focusing on the most critical City needs:

The City will support legislation that:

1. Helps Cupertino build a fiscally sustainable and resilient community.

2. Furthers the health and wellbeing of Cupertino community members and enhances public engagement and transparency.

3. Promotes Cupertino’s infrastructure needs.

The Legislative Process includes a three-step approach that is strategically timed to coincide with key milestones in the legislative cycle:

1 https://cupertino.legistar.com/LegislationDetail.aspx?ID=6464059&GUID=9AB54CFC-E992- 4298-93FC-21D167AC15AC&Options=&Search=
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2 The January informational memorandum focused on Step One of the process. Staff has continued to coordinate with the City’s Lobbyist to monitor and research pending legislation. This report focuses on Step Two in the legislative process and provides Council an opportunity to consider legislation prior to important committee deadlines2.

The City Manager’s Office and the City Attorney’s Office have reviewed and identified bills of interest for Cupertino for Council consideration. 2024 Legislative Update and Trends
This year, the Legislature introduced 2,295 new bills, which includes 1,593 in the Assembly and 702 in the Senate. The Legislature has emphasized public safety bills to reduce crime and theft to residents and businesses. In addition, climate and housing initiatives that aim to improve the quality of life for all California residents remain a top priority for the Legislature this year. The City’s Lobbyist prepared an overview of the 2024 Legislative Session with additional information, which can be found in Attachment A.

Bills of Interest
Each year, staff consolidates a list of bills identified by the City’s Lobbyist and groups such as Cal Cities, SCC legislative coordinators, MTC, ABAG, Valley Water, Mid Pen Housing, and others. The full list can be found in Attachment B and includes a summary of the legislation and staff recommendations for each. Staff has further narrowed down the list by following the 2024 Legislative Priorities established in January and as outlined above, aligning with the Council-adopted goals of Public Engagement and Transparency, Transportation, Housing, Sustainability & Fiscal Strategy, and Quality of Life.

The League of California Cities represents a strong lobbying voice. Staff recommends continuing to rely on their representation for much of the legislation that develops. Where legislation has specific interest or impacts in Cupertino, the City may want to establish a position. The approach in assessing legislation has been to take a limited number of positions to maximize the impact when a position is taken.

2 https://www.senate.ca.gov/system/files/2024-04/final-agreed-2024-legislative-calendar.pdf Step One
Jan/Feb
Step Two
April/May
Step Three
Sept/Oct
Provide an overview of upcoming legislation and potential activities as they align with Council priorities.

Gather council input on pending legislation that have the potential to impact Cupertino.

Present an overview of significant actions when
the legislative session has ended.
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3 Staff recommends that the City Council consider supporting the following bills which are aligned with the 2024 Strategic Legislative Priorities and encompass the City’s three major focus areas: Affordable Housing, Public Safety, and Environmental Programs. 1) Affordable Housing
Staff recommendation – Support
Bay Area Affordable Housing Measure (BAHFA)3
o Summary: This regional bond measure aims to generate $10-$20 billion to build approximately 72,000 new affordable homes. 80% of the bond revenue will go directly to the nine bay area counties and four cities-San Jose, Oakland, Santa Rosa, and Napa. The remaining 20% of the bond revenue will be invested in affordable developments throughout the region, while also generating new housing resources to support affordable housing development long after the bonds are fully spent. o Potential Impact: If approved, Cupertino could potentially receive funding through Santa Clara County. The County’s allocation is estimated4 as follows:
o $1.2B if the bond is $10B
o $2.4B if the bond is $20B
The Bay Area Housing Finance Authority (BAHFA) will determine the final value of the bond ($10 billion or $20 billion) on May 22. o Support: The Bay Area Housing Finance Authority (BAHFA) is proposing this measure. BAHFA is governed by the BAHFA board, composed of the same members as the Metropolitan Transportation Commission and the Association of Bay Area Governments’ Executive Board. This measure is regionally supported.
o Oppose: None as of May 1, 2024
2) Public Safety – Retail Theft
Staff Recommendation - Support
AB 1779 (Irwin)
5 o Summary: Current law defines types of theft, including petty theft, grand theft, and shoplifting. Current law also defines the crimes of robbery and jurisdictionally limits prosecution of each type of theft to criminal actions brought by the Attorney General. This bill would remove the jurisdictional limitations and expand the coordination and abilities of District Attorneys to work together to prosecute theft offenses that occur in several counties throughout several counties.

3 https://mtc.ca.gov/about-mtc/authorities/bay-area-housing-finance-authority/bay-areaaffordable-housing-bond 4 https://mtcdrive.app.box.com/s/xufy2s22g57cqney761ukvt35jfdddog 5https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202320240AB2943 221
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4 o Potential Impact: In Cupertino, retail stores like Target have been victims of retail theft crimes. This bill aims to hold offenders accountable through a streamlined regional effort.
o Support: California Correctional Supervisors Organization, INC., California District Attorneys Association, California State Sheriffs' Association, Chief Probation Officers' of California (CPOC), City of Santa Clarita, League of California Cities, Peace Officers Research Association of California (PORAC), San Diego County District Attorney's Office, Valley Industry and Commerce Association (VICA), Ventura County Office of The District Attorney
Oppose: Communities United for Restorative Youth Justice (CURYJ), Ella Baker Center for Human Rights, Initiate Justice, Initiate Justice Action, LA Defensa
3) Environmental – Waste Management
SB 1143 (Allen)6
Staff Recommendation - Support
o Summary: This bill would establish an extended producer responsibility (EPR) program for Household Hazardous Waste (HHW) to set up a system where producers of the HHW products would be responsible for paying for proper disposal. SB 1143 would establish an EPR program for California’s HHW collection and management system, just like for singleuse plastics. o Potential Impact: Under the bill, cities would be reimbursed for the costs of running and bolstering HHW programs. The City currently has funding to participate in the County’s HHW program for the next 3-4 years. This bill could bring in direct funds to offset the future costs for the City to continue participating in this program.
o Support: National Stewardship Action Council (sponsor), 5 Gyres Institute, 7th Generation Advisors, Ban Single Use Plastic, California Association of Environmental Health Administrators, California Environmental Voters, California Rural Legal Assistance Foundation, California Teamsters Public Affairs Council, California Waste Recovery System, Californians Against Waste, Californians for Pesticide Reform, Center for Biological Diversity, Center for Farmworker Families, Center on Race, Poverty & the Environment, Central California Environmental Justice Network, City of Santa Barbara, Clean Water Action, Cleanearth4kids.org, Climate Reality Project, California Coalition, County of Los Angeles Board of Supervisors, Environmental Working Group, Friends of The Earth, Greenwaste Recovery, Heal the Bay, League of California Cities, Marin Sanitary Service, Napa Recycling and Waste

6 https://leginfo.legislature.ca.gov/faces/billStatusClient.xhtml?bill_id=202320240SB1143 222
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5 Services, Pesticide Action Network, Physicians for Social Responsibility - Los Angeles, Product Stewardship Institute, Republic Services - Western Region, Resource Recovery Coalition of California, Rethinkwaste, Rural County Representatives of California, Sea Hugger, Sierra Club California, Story of Stuff Project, Town of Truckee, Turtle Island Restoration Foundation, Universal Service Recycling, Inc., Valley Improvement Projects, Worthington Industries, Zero Waste Marin Joint Powers Authority, Zero Waste Sonoma, Zero Waste USA
Oppose: American Chemistry Council, American Cleaning Institute, Cal CIMA, California Chamber of Commerce, California Manufacturers & Technology Association, Can Manufacturers Institute, Household and Commercial Products Association, Industrial Environmental Association, National Aerosol Association, Industry for A Sound Environment, Western Aerosol Information Bureau, Western Plant Health Association Other Priority Legislation
In addition to the bills outlined above, the City took a position on Initiative No. 21- 0042A, sponsored by California Business Roundtable (CBRT), titled “Taxpayer Protection and Government Accountability Act”, opposing the legislation in December 2021 and again in March 2023.

Looking ahead
Throughout the legislative cycle, Staff will maintain a focused list of legislative activities that are pertinent to Cupertino, which can be viewed at cupertino.org/legislation. This list is updated monthly. Councilmembers may request that staff consider other bills of interest throughout the legislative session on an as-needed basis. Staff will research the additional bills and determine the relevancy and level of impact on the City.

As part of the next and final step (Step 3) in the 2024 Legislative Process, Staff will present an overview of significant actions when the legislative session has ended, highlighting relevant bills signed into law by the Governor.

Sustainability Impact
No sustainability impact.

Fiscal Impact
No fiscal impact.

California Environmental Quality Act
Not Applicable.

Prepared by: Astrid Robles, Senior Management Analyst
Tina Kapoor, Deputy City Manager
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6 Reviewed by: Matt Morley, Assistant City Manager
Chris Jensen, City Attorney
Approved for Submission by: Pamela Wu, City Manager
Attachments:

A – Legislative Update
B – 2024 State Measures and Bills of Interest
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ATTACHMENT A
1 TO:   City of Cupertino
FROM:   Anthony, Jason & Paul Gonsalves
SUBJECT: 2024 Legislative Update
DATE:   Tuesday, May 7, 2024
_____________________________________________________________________________________ The Legislature returned from interim recess on January 3, 2024, to start the second half of the 2023‐24 Legislative Session. The 2024 Legislative Session has brought a lot of change to the Legislature. There’s change in Legislative leadership from previous sessions, change in Chairs and Members of committees from previous sessions, change in the State’s budget forecasts, and change in future legislative representation.

Legislators had until February 16, 2024, to introduce new bills in the second year of the 2‐year Legislative Session. This year, the Legislature introduced 2,295 new bills, which includes 1,593 in the Assembly and 702 in the Senate. All bills are required to be in print for 30 days before they can be heard in Committee, which pushed most of the new bills to the middle of March or early April before they are heard in their first policy Committee.

On March 21, 2024, the Legislature left Sacramento for its week‐long Spring Recess. They returned to a busy capitol on April 1, 2024. April is typically one of the busiest times of the year in the Legislature since most of the several thousand bills introduced at the beginning of the year have yet to be heard in policy committees. As such, the month is packed full of hearings and meetings as legislators sort through the bills and lobbyists meet with legislators in advance of those hearings.

LEADERSHIP CHANGES
Former Assembly Speaker, Anthony Rendon, and current President Pro Tem of the Senate, Toni Atkins, are both in their last year of office due to term limits. Because of this, both houses elected new leaders.

Assembly
Assembly Speaker, Robert Rivas, took over for former Assembly Speaker Anthony Rendon during the final weeks of the 2023 session. His influence is now taking shape and growing in the 2024 Legislative Session. Speaker Rivas has installed many new Committee Chairs and has appointed dozens of new Members to Committees. One early, and notable, change is that Speaker Rivas has directed Committee Chairs to allow all bills referred to Committee to be eligible for a hearing in that Committee, if the author of the bill so chooses. While this changes from the policy of the previous Speaker, who had allowed Chairs to simply decide whether a bill deserved a hearing or not, it is actually a return to long‐ 225
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ATTACHMENT A
2 standing procedures of the Legislature whereby the authors could decide whether their bill is set for a hearing or not.

Senate
Late in the 2023 Legislative Session, the Senate elected Senator Mike McGuire to be the next President Pro Tempore of the Senate. He took over the Senate on February 5, 2024, thereby allowing all the two‐ year bills that needed to clear the house of origin to do so under the sitting leader and Committee Chairs.

Senator McGuire is a very active, hands‐on Legislator. As a former lieutenant to President Pro Tem Atkins, he managed the workflow of the Senate and is in a constant state of motion, engaging with his colleagues and being “in the know” on the matters at hand. Senate President Pro Tempore McGuire also made changes to his leadership team and the makeup of the Senate Committees, including the Chairs.

ELECTORAL CHANGE
The 2024 Legislative Session will also bring change to the Legislature. This year, all 80 Assembly seats are up for reelection along with 20 of the 40 Senate seats. Of the 120 seats in the Legislature, there are 35 Members who are termed out in 2024. A majority of these 35 Legislators are seeking a different elective office, which might be the other house, Congress, or local elective office. For those running for a different office, some of these Legislators have found themselves running against another sitting Legislator for a new office. Every election cycle brings a modest amount of change to the Legislature. 35 termed out Members is a large number and how they legislate in their final months will be an interesting development.

BUDGET UPDATE
California is facing a significant budget deficit. The highly respected non‐partisan Legislative Analyst’s Office (LAO) previously projected a $58 billion deficit based on the Governor’s revenue projections. However, the Governor’s January budget proposal projected a $38 billion deficit.

In early February, the LAO released an update that predicts that by the time the Governor releases his May Revision to the budget, the state’s deficit is projected to be $15 billion higher, ballooning to $73 billion. On the other hand, State revenues came in $1.16 billion higher than projected for the month of February, mainly from personal income taxes and corporation taxes. Even with slightly higher projections, the Governor and Legislature have their work cut out for them to balance the state’s budget.

In March, Senate Democrats unveiled their plan to take early action to address the state’s budget deficit. It is labeled as the “Shrink the Shortfall” plan, and it is the first step of an ongoing process to address the state’s budget deficit1
. Senator Wiener, chair of the Senate Budget Committee, said that the second step of the budget strategy will be unveiled later this spring, likely after California Gov. Gavin Newsom unveils his revised budget in May.

The Senate’s plan seeks to address between $12‐$17 billion of the state’s budget shortfall while saving the more challenging fiscal decisions for later this spring when lawmakers have a more complete budget picture.
1 https://sbud.senate.ca.gov/
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ATTACHMENT A
3 The plan calls for $3.3 billion in spending reductions over the next two years. Additionally, the plan also calls for $4.7 billion in borrowing for those two fiscal years, $3.9 billion in fund shifts, $3.2 billion in delayed funding and $2.1 billion in deferrals, for a total of $17.1 billion in savings.

If the “Shrink the Shortfall” solutions are adopted, and the Gov uses about $12.2 billion from the state Rainy Day Fund, Senate Democrats estimate the remaining deficit to be anywhere from $8.6 billion to $23.6 billion.
2024 Legislative Deadlines
February 16   Last day for bills to be introduced
April 26   Last day for policy committees to hear and report to fiscal committees fiscal bills introduced in their house
May 3   Last day for policy committees to hear and report to the Floor nonfiscal bills introduced in their house.

May 10 Last day for policy committees to meet prior to May 28.

May 17 Last day for fiscal committees to hear and report to the Floor bills introduced in their house. Last day for fiscal committees to meet prior to May 28.

May 20‐24 Floor session only. No committee may meet for any purpose except for Rules Committee, bills referred pursuant to Assembly Rule 77.2, and Conference Committees.

May 24 Last day for each house to pass bills introduced in that house.

May 28 Committee meetings may resume
June 15 Budget Bill must be passed by midnight.

June 27 Last day for a legislative measure to qualify for the Nov. 5 General Election ballot July 3 Last day for policy committees to meet and report bills. Summer Recess begins upon adjournment, provided Budget Bill has been passed.

August 5 Legislature reconvenes from Summer Recess.

August 16 Last day for fiscal committees to meet and report bills.

August 19‐31 Floor session only. No committee may meet for any purpose except Rules Committee, bills referred pursuant to Assembly Rule 77.2, and Conference Committees.

August 23 Last day to amend bills on the Floor.

August 31 Last day for each house to pass bills. Final Recess begins upon adjournment 227
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#
Bill/
Author Title Summary Status Category
Cal Cities
Position
City
Position
1 Initiative No.
21-0042A/
Sponsored by
California
Business
Roundtable
(CBRT)
Taxpayer
Protection and
Government
Accountability
Act Initiative
The ballot measure would amend the
California Constitution to apply new rules
to all new or increased taxes or fees
adopted by the state legislature or local
agencies. The measure would apply
retroactively to new or increased taxes or
fees adopted after January 1, 2022.
2/1/23 Initiative
qualified for the
November 2024
general election
ballot.

Revenue/
Taxation
Oppose Opposed
by LRC
12/10/21
Opposed
by City
Council
3/21/23
2 Bay Area
Financing
Housing
Authority's
Measure
The Bay Area
Housing Bond -
Regional
Funding for
Local Solutions
In November 2024, Bay Area residents
could potentially vote on a regional bond
measure to generate $10 -$20 billion to
build approximately 72,000 new
affordable homes. 80% of the bond
revenue will go directly to the nine bay
area counties and four cities-San Jose,
Oakland, Santa Rosa, and Napa. BAHFA
will invest 20% of the bond revenue in
affordable developments throughout the
region, while also generating new
housing resources to support affordable
housing development long after the
bonds are fully spent.

Still being
considered by
ABAG. Not
qualified for
election yet.

Revenue/
Housing
Support City Will
Consider
on 5/7/24
3 Initiative 23-
0017A1
(Prop 47
Changes)
Homelessness,
Drug Addiction,
and Theft
Reduction Act
The Homelessness, Drug Addiction, and
Theft Reduction Act would amend state
law to (1) create a new court process for
certain drug possession crimes, (2)
require a warning of future criminal
liability for people convicted of drug
distribution, (3) increase penalties for
certain drug crimes, and (4) increase
penalties for certain theft crimes. Some
of these changes would undo certain
reductions in punishment enacted by
Proposition 47.

Qualified for
November 2024
General Election
Public Safety Watch Watch
4 AB 2/ Ward Recycling: Solar
Photovoltaic
Modules
This measure would create end-of-life
management of photovoltaic modules (or
solar panels), minimization of hazardous
waste, and recovery of commercially
valuable materials.
9/1/2023 In
committee: Held
under
submission.

Environmental
Quality
Support Watch
2024 State Legislative Bills of Interest
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Position
City
Position
2024 State Legislative Bills of Interest
5 AB 491 /
Wallis
Local
Government:

Fines and
Penalties.

Current law authorizes the legislative
body of a local agency, as defined, to
make, by ordinance, a violation of an
ordinance subject to an administrative
fine or penalty, as specified. Existing law
requires the local agency to set forth by
ordinance the administrative procedures
that govern the imposition, enforcement,
collection, and administrative review by
the local agency of those administrative
fines or penalties. Current law authorizes
a person contesting a final administrative
order or decision to seek review by filing
an appeal to be heard by the superior
court, as specified. This bill would
authorize a local agency to establish, by
ordinance, a procedure to collect those
administrative fines or penalties by lien
upon the parcel of land on which the
violation occurred, as specified.
9/25/2023 -
Measure version
as amended on
September 13
corrected.

Legal/
Administrative
Fines
Watch Watch
6 AB 817 /
Pacheco
Open Meetings:

Teleconferencing:

Subsidiary Body.

Allows, until January 1, 2026, a subsidiary
body of a local agency to teleconference
without meeting all of the
teleconferencing requirements of the
Ralph M. Brown Act (Brown Act).
1/25/2024 - Read
third time.

Passed. Ordered
to the Senate.
(Ayes 54. Noes 8.)
In Senate. Read
first time. To
Com. on RLS. for
assignment.

Public
Engagement/
teleconferencing
Support/
Sponsor
Watch
7 AB 863/
Aguiar-Curry
Carpet
Recycling:

Carpet
Stewardship
Organizations:

Fines:

Succession:

Training
Would increase oversight and
enforcement measures for operation
of the state’s carpet stewardship
program and requires that up to 10% of
the funding from carpet assessments be
allocated to grants for apprenticeship
programs as specified.
9/11/2023
Ordered to
inactive file at the
request of
Senator
Portantino.

Environmental
Quality
Support Watch
8 AB 1238/
Ward
Hazardous
Waste: Solar
Panels
This bill would require the Department of
Toxic Substances Control to develop
alternative management standards for
managing photovoltaic modules. The bill
would specify parameters for the
standards, including, but not limited to,
promoting safe collections, reusing, and
recycling of photovoltaic modules.
6/7/2023
Referred to Com.
on E.Q.

Environmental
Quality
Watch Watch
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Cal Cities
Position
City
Position
2024 State Legislative Bills of Interest
9 AB 1657/
Wicks
The Affordable
Housing Bond
Act of 2024.

This measure would place a $10 billion
bond measure on the November 2024
ballot to spur the production of
affordable and supportive housing.
3/4/2024 Read
second time,
amended, and rereferred to Com.
on APPR.

Revenue/
Housing
Support Watch
10 AB 1772/
Ramos
Theft This bill requires the Department of
Justice (DOJ) to report to the Legislature
the number of misdemeanor convictions
for a crime of theft from a retail
establishment during the Governor’s
declared COVID-19 state of emergency.
4/24/24 In
Committee: Set,
first hearing.

Referred to
suspense file.

Public Safety Support Watch
11 AB 1779/
Irwin
Theft:

Jurisdiction
Would no longer limit the jurisdictional
rules for the above crimes to criminal
actions brought by the Attorney General.

If a case is brought by someone other
than the Attorney General, the bill would
require the prosecution to present
written evidence in the jurisdiction of the
proposed trial that all district attorneys in
counties with jurisdiction over the
offenses agree to the venue. The bill
would require charged offenses from
jurisdictions where there is not a written
agreement from the district attorney to
be returned to that jurisdiction.
4/25/2024 Read
third time and
amended.

Ordered to third
reading.

Public Safety Support City Will
Consider
on 5/7/24
12 AB 1794/
McCarty
Crimes: Larceny Proposition 47 makes the theft of money, labor, or property petty theft punishable
as a misdemeanor, whenever the value of
the property taken does not exceed
$950. If the value exceeds $950, the theft
is grand theft, punishable as a
misdemeanor or a felony. Proposition 47
requires shoplifting (if the value of the
property taken does not exceed $950), to
be punished as a misdemeanor. This bill
would clarify that those values may be
aggregated even though the thefts
occurred in different places or from
different victims. The bill would also,
declarative of existing law, provide that
circumstantial evidence may be used to
prove that multiple thefts were
motivated by one intention, general
impulse, and plan.
4/24/24 In
Committee: Set,
first hearing.

Referred to
suspense file.

Public Safety Support Watch
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Cal Cities
Position
City
Position
2024 State Legislative Bills of Interest
13 AB 1802/
Jones-Sawyer
Crimes:

Organized Theft
Would extend the operation of the crime
of organized retail theft indefinitely. By
extending the operation of an existing
crime, this bill would create a statemandated local program. This bill contains other related provisions and
other existing laws.
4/24/24 In
Committee: Set,
first hearing.

Referred to
suspense file.

Public Safety Support Watch
14 AB 1820 /
Schiavo
Housing
Development
Projects:

Applications:

Fees and
Exactions.

This bill would authorize a development
proponent that submits a preliminary
application for a housing development
project to request a preliminary fee and
exaction estimate, as defined, and would
require the local agency to provide the
estimate within 30 business days of the
submission of the preliminary
application. For development fees
imposed by an agency other than a city
or county, the bill would require the
development proponent to request the
fee schedule from the agency that
imposes the fee.
4/29/24 Read
second time and
amended.

Housing/
Developer Fees
Oppose
Unless
Amended
Watch
15 AB 1845/
Alanis
Crimes: Grant
Program for
Identifying,
Apprehending,
and Prosecuting
Resale of Stolen
Property
Would, until January 1, 2030, create the
Identifying, Apprehending, and
Prosecuting Resale of Stolen Property
Grant Program to be administered by the
board. The bill would require the board
to award grants, on a competitive basis,
to county district attorneys’ offices and
law enforcement agencies, acting jointly
to investigate and prosecute receiving
stolen goods crimes and criminal
profiteering. The bill would require the
board to prepare and submit a report to
the Legislature, as specified, regarding
the impact of the grant program. The
bill’s provisions would be operative only
to the extent that funding is provided, by
express reference, in the annual Budget
Act or another statute. This bill contains
other existing laws.
4/24/24 In
Committee: Set,
first hearing.

Referred to
suspense file.

Public Safety Support Watch
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Author Title Summary Status Category
Cal Cities
Position
City
Position
2024 State Legislative Bills of Interest
16 AB 1886 /
Alvarez
Housing
Element Law:

Substantial
Compliance:

Housing
Accountability
Act.

Clarifies that a housing element is
substantially compliant with Housing
Element Law, when both a local agency
adopts the housing element and
Department of Housing and Community
Development (HCD) or a court finds it in
compliance, for purposes of specified
provisions of the Housing Accountability
Act (HAA).
4/25/24 From
committee: Do
pass and re-refer
to Com. on APPR.
(Ayes 7. Noes 0.)
(April 24). Rereferred to Com.
on APPR.

Housing/
Zoning
Oppose Watch
17 AB 1889 /
Friedman
Conservation
Element:

Wildlife and
Habitat
Connectivity.

Would require a city, county, or city and
county to consider the impact of
development on the movement of
wildlife and habitat connectivity as part
of the conservation element of its general
plan.
4/23/24 From
committee: Do
pass and re-refer
to Com. on APPR.
(Ayes 10. Noes 3.)
(April 23). Rereferred to Com.
on APPR.

Wildlife/
Conservation
Element
Oppose
unless
amended
Watch
18 AB 1893 /
Wicks
Housing
Accountability
Act: Housing
Disapprovals:

Required Local
Findings.

Would place guardrails on “builder’s
remedy” projects; reduce affordable
housing minimums; and prohibit local
jurisdictions from denying certain
housing developments even if they are
meeting or exceeding state allocated
housing goals.
4/29/24 From
committee:

Amend, and do
pass as amended
and re-refer to
Com. on APPR.
(Ayes 7. Noes 0.)
(April 24).

Housing/
Zoning
Oppose
Unless
Amended
Watch
19 AB 1922 /
Davies
California
Conservation
Corps: Green
Collar
Certification
Program.

Current law establishes the California
Conservation Corps and requires young
adults participating in the corps program
to be generally engaged in projects that,
among other things, directly contribute
to the conservation of energy. This bill
would instead require young adults
participating in the corps program to be
generally engaged in projects that,
among other things, directly contribute
to and promote the conservation of clean
energy, enhance climate resilience, and
develop sustainable climate
infrastructure.
4/10/2024 - In
committee: Set,
first hearing.

Referred to
suspense file.

Emergency
Preparedness/
Environmental
Support Watch
20 AB 1957 /
Wilson
Public Contracts:

Best Value
Construction
Contracting for
Counties.

Expands a pilot program for specified
counties to use best value contracting to
include all counties, and extends the
sunset date on the authorization to
January 1, 2030.
4/18/24 Do pass
and re-refer to
Com. on APPR.
(Ayes 9. Noes 0.)
(April 17). Rereferred to Com.
on APPR.

Legal/
Purchasing
Track Watch
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Position
City
Position
2024 State Legislative Bills of Interest
21 AB 1972/
Alanis
Regional
Property Crimes
Task Force
This bill expands the regional property
crimes task force convened by the
California Highway Patrol (CHP) to
provide assistance to railroad police and
operate in counties with elevated levels
of cargo theft.
4/25/24 Read
second time.

Ordered to
Consent Calendar
Public Safety Support Watch
22 AB 1990/
Carrillo
Criminal
Procedure:

Arrests:

Shoplifting
Would authorize a peace officer to make
a warrantless arrest for shoplifting not
committed in their presence if the officer
has reasonable cause to believe that
person has shoplifted. This bill provides
that, unlike for other misdemeanors, a
peace office does not have to release a
person for which there is probable cause
to believe that the person arrested is
guilty of shoplifting.
4/17/2024 Read
second time.

Ordered to third
reading.

Public Safety Support Watch
23 AB 1999 /
Irwin
Electricity: Fixed
Charges
Current law requires that fixed charges
be established on an income-graduated
basis, with no fewer than 3 income
thresholds, so that low-income
ratepayers in each baseline territory
would realize a lower average monthly
bill without making any changes in usage.

This bill would repeal the provisions
described in the preceding paragraph.

The bill would instead permit the
commission to authorize fixed charges
that, as of January 1, 2015, do not exceed
$5 per residential customer account per
month for low-income customers
enrolled in the California Alternate Rates
for Energy (CARE) program and that do
not exceed $10 per residential customer
account per month for customers not
enrolled in the CARE program. The bill
would authorize these maximum
allowable fixed charges to be adjusted by
no more than the annual percentage
increase in the Consumer Price Index for
the prior calendar year, beginning
January 1, 2016.
4/22/2024 - Rereferred to Com.
on RLS. pursuant
to Assembly Rule

96. Housing Watch Watch
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City
Position
2024 State Legislative Bills of Interest
24 AB 2286 /
Aguiar-Curry
Vehicles:

Autonomous
Vehicles.

Restricts an autonomous vehicle (AV)
with a gross vehicle weight (GVW) of
10,001 pounds or more from operating
on public roads for testing purposes,
transporting goods, or transporting
passengers without a human safety
operator physically present in the AV at
the time of operation
4/25/2024 - From
committee: Do
pass and re-refer
to Com. on Appr.
(Ayes 10. Noes 1.)
(April 24). Rereferred to Com.
on Appr.

Public Safety/
Autonomous
vehicles
Support Watch
25 AB 2330 /
Holden
Endangered
Species:

Incidental Take:

Wildfire
Preparedness
Activities.

Authorizes various local agencies to
submit to the Department of Fish and
Wildlife (DFW) for approval, a voluntary
program to conduct wildfire
preparedness activities in a fire hazard
severity zone (FHSZ) to minimize impacts
to wildlife.
4/25/2024 - Rereferred to Com.
on Appr.

Emergency
Preparedness/
Wildfire
Support/
Sponsor
Watch
26 AB 2371 /
Carrillo, Juan
Electrified
Security Fences.

Current law authorizes an owner of real
property to install and operate on their
property an electrified security fence that
has specified technical characteristics and
is used to protect and secure commercial,
manufacturing, or industrial property, or
property zoned under another
designation, but legally authorized to be
used for a commercial, manufacturing, or
industrial purpose. This bill would instead
authorize an owner of real property to
install and operate on their property an
electrified security fence that is powered
by an electrical energizer, driven by solarcharged batteries of no more than 12 volt of direct current, and used to protect and
secure manufacturing or industrial
property, or property zoned under
another designation, but legally
authorized to be used for a commercial
purpose that stores, parks, services, sells,
or rents vehicles and other materials, as
specified.
4/25/2024 - In
Senate. Read first
time. To Com. On
RLS. For
assignment
Planning/ Legal Oppose
Unless
Amended
Watch
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City
Position
2024 State Legislative Bills of Interest
27 AB 2409 /
Papan
Office of
Planning and
Research:

Permitting
Accountability
Transparency
Dashboard
Would require the Office of Planning and
Research, on or before January 1, 2026,
to create and maintain, as specified, a
permitting accountability transparency
internet website (dashboard). The bill
would require the dashboard to include a
display for each permit to be issued by
specified state agencies for all covered
projects, defined as s a publicly owned
project for the development of
infrastructure for water supply, flood risk
reduction, energy reliability, or
environmental protection or
enhancement with an estimated cost of
$100 million or more.
4/16/2024 - From
committee: Do
pass and re-refer
to Com. on APPR.
with
recommendation:

To Consent
Calendar. (Ayes

15. Noes 0.) (April
16). Re-referred
to Com. on APPR.

Transparency/
Permitting
Watch Watch
28 AB 2433 /
Quirk-Silva
California
Private
Permitting
Review and
Inspection Act:

Fees: Building
Permits.

Allows an applicant for a building permit
to employ a private professional provider
to perform plan-checking services, assess
plans and specifications, and complete
building inspections if the local agency
fails to perform these functions within
specified timeframes.
4/24/2024 - From
committee: Do
pass and re-refer
to Com. on APPR.
(Ayes 9. Noes 0.)
(April 24). Rereferred to Com.
on APPR.

Planning/
Inspection
Oppose
unless
amended
Watch
29 AB 2665 / Lee Housing
Finance: Mixed
Income
Revolving Loan
Program.

Establishes the Mixed Income Revolving
Loan Program (the Program) at the
California Housing Finance Agency
(CalHFA) to provide zero-interest
construction loans to qualifying infill
housing developers for the purpose of
constructing deed-restricted affordable
housing.
4/16/2024 - Rereferred to Com.
on APPR.

Housing/
Affordable Loan
Support Watch
30 AB 2790 /
Pacheco
Crimes:

Organized Retail
Theft.

Makes it a felony to steal any infant
formula or baby food as specified, overthecounter medication, vitamin, supplement, as specified, or any medical
product intended for the diagnosis or
treatment of an illness, as specified, from
a merchant’s premises or online
marketplace pursuant to the organized
retail theft statute.
4/23/2024 - In
committee:

Hearing
postponed by
committee.

Public Safety/
Retail theft
Support Watch
31 AB 2814/ Low Crimes:

Unlawful Entry:

Intent to
Commit Package
Theft
This bill creates a new crime making it
unlawful to enter the curtilage of a
dwelling with the intent to steal a
package, punishable as an alternate
misdemeanor-felony (“wobbler”).
4/17/24 In
committee: Set,
first hearing.

Referred to
suspense file.

Public Safety Support Watch
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Author Title Summary Status Category
Cal Cities
Position
City
Position
2024 State Legislative Bills of Interest
32 AB 2854/
Irwin
Bradley-Burns
Uniform Local
Sales and Use
Tax Law.

This bill requires a local agency to
annually provide specified information to
the California Department of Tax and Fee
Administration (CDTFA) regarding the
rebate of Bradley-Burns Uniform Local
Sales and Use Tax Law (BB SUT) revenues.
4/24/24 In
Committee: Set,
first hearing.

Referred to
suspense file.

Sales Tax/
Revenue
Watch Watch
33 AB 2922 /
Garcia
Economic
Development:

Capital
Investment
Incentive
Programs.

Prior law, until January 1, 2024,
authorized a county, city and county, or
city to establish a Capital Investment
Incentive Program (CIIP), pursuant to
which the county, city and county, or city
was authorized to pay, upon request, a
capital investment incentive amount that
does not exceed the amount of property
tax derived from that portion of the
assessed value of a qualified
manufacturing facility, as defined, that
exceeds $150,000,000 to a proponent of
a qualified manufacturing facility for up
to 15 years. This urgency measure
reestablishes, until January 1, 2035, the
authorization for the local agency CIIP.
4/16/2024 - Rereferred to Com.
on APPR.

Economic
Development/
Retail
incentives
Support Watch
34 AB 2943/ Zbur Crimes:

Shoplifting
Would 1) create a new crime and penalty
for retail theft including shoplifting, theft
or burglary, for those that are repeat
offenders, 2) provide that charges may be
filed in multiple jurisdictions 3) allow for
the aggregation of certain offenses, 4)
increase the terms of probation from 1
year to 2 years, 5) clarify the ability for
police to arrest without witnessing the
crime, 6) extend the sunset date on the
organized retail theft statute until 2031.
4/24/24 In
Committee: Set,
first hearing.

Referred to
suspense file.

Public Safety/
Retail theft
Support if
Amend
Watch
35 AB 3035 /
Pellerin
Agricultural
Employee
Housing:

Streamlined,
Ministerial
Approval:

Counties of
Santa Clara and
Santa Cruz
Expands the existing streamlined,
ministerial approval process for
farmworker housing established by AB
1783 (R. Rivas), Chapter 866, Statutes of
2019.
4/26/2024
Coauthors revised
Housing/
Zoning
None Watch
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City
Position
2024 State Legislative Bills of Interest
36 AB 3171 /
Soria
Controlled
Substances:

Fentanyl.

Increases the penalties for selling,
distributing, or transporting fentanyl, an
analog of fentanyl, or a substance
containing fentanyl or an analog of
fentanyl, if the amount of fentanyl
weighs more than 28.35 grams.
4/24/24 Rereferered to Com.
on Appr.

Public Safety/
Fentanyl
Support Watch
37 SB 333 /
Cortese
Homeless Pupils:

California
Success,
Opportunity,
and Academic
Resilience
(SOAR)
Guaranteed
Income
Program.

Establishes, subject to appropriation, the
“California Success, Opportunity, and
Academic Resilience (SOAR) Guaranteed
Income Pilot Program” (Program) and the
“California SOAR Guaranteed Income
Fund” (Fund) for purposes of awarding
monthly payments to twelfth grade
students who are homeless from April 1,
2025, to August 1, 2025.
4/1/2024 - From
committee with
author's
amendments.

Read second time
and amended. Rereferred to Com.
on ED.

Homeless
youth/
guaranteed
income
Watch Watch
38 SB 615/ Allen Vehicle Traction
Batteries
Would require vehicle traction batteries
to be recovered and reused, repurposed,
or remanufactured and recycled at the
end of their useful life. This bill also
requires vehicle manufacturers, dealers,
dismantlers, repair dealers, or other
secondary users to be responsible for
ensuring responsible end-of-life
management of vehicle traction
batteries.
6/15/2023 June
20 set for first
hearing canceled
at the request of
author.

Environmental
Quality
Support in
Concept
Watch
39 SB 707/
Newman
Responsible
Textile Recovery
Act of 2024
Would enact a stewardship program
known as the Responsible Textile
Recovery Act of 2024, which would
require a producer of apparel, as defined,
or textile articles, as defined, to form and
join a producer responsibility
organization or PRO. The bill would
require the department to adopt
regulations to implement the program no
earlier than January 1, 2028. Upon
approval of a plan, or commencing
January 1, 2030, whichever is earlier, the
bill would prohibit a producer from
selling, offering for sale, importing, or
distributing apparel or textiles in or into
the state, unless the producer is a
participant of a PRO, the department has
approved the plan, and other criteria are
met.
4/3/2024 From
committee with
author's
amendments.

Read second time
and amended. Rereferred to Com.
on NAT. RES.

Environmental
Quality
Support Watch
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Position
City
Position
2024 State Legislative Bills of Interest
40 SB 915 /
Cortese
Local
Government:

Autonomous
Vehicles.

This bill authorizes local governments to
regulate autonomous vehicles.
4/26/24 Set for
hearing May 6
Legal/ Public
Safety/
Autonomous
vehicles
Support/
Sponsor
Watch
41 SB 937 /
Wiener
Development
Projects:

Permits and
Other
Entitlements:

Fees and
Charges.

Would extend development entitlements
for certain housing development projects
by two years and places certain
restrictions on the fees and charges a
local agency may impose on these
projects.
4/30/24 Read
second time.

Ordered to third
reading.

Development
fees/ revenue
Oppose
unless
amended
Watch
42 SB 972 / Min Methane
Emissions:

Organic Waste:

Landfills.

Would direct the California Department
of Resources Recycling and Recovery
(CalRecycle) to develop procedures for
local jurisdictions to request technical
assistance from the department on SB
1383 implementation. Requires the
department to submit two reports to the
Legislature on SB 1383 implementation.
4/25/2024 - Do
pass and re-refer
to Com. on APPR
with
recommendation:

To consent
calendar. (Ayes 7.

Noes 0.) (April
24). Re-referred
to Com. on APPR.

Environmental/
Waste
management
Support/
Sponsor
Watch
43 SB 1011 /
Jones
Encampments:

Penalties
This bill would prohibit a person from
sitting, lying, sleeping, or storing, using,
maintaining, or placing personal property
upon a street or sidewalk if a homeless
shelter, as defined, is available to the
person. The bill would also prohibit
sitting, lying, sleeping, or storing, using,
maintaining, or placing personal property
within 500 feet of a public or private
school, open space, or major transit stop,
as specified. The bill would specify that a
violation of this prohibition is a public
nuisance that can be abated and
prevented, as specified.
4/16/2024 - April
16 set for first
hearing. Failed
passage in
committee. (Ayes

1. Noes 3.)
Reconsideration
granted.

Public Safety Watch Watch
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#
Bill/
Author Title Summary Status Category
Cal Cities
Position
City
Position
2024 State Legislative Bills of Interest
44 SB 1037 /
Wiener
Planning and
Zoning: Housing
Element:

Enforcement.

This bill requires specific penalties to be
imposed in any action brought by the
Attorney General (AG) to enforce the
adoption of housing element revisions, as
specified, or to enforce any state law that
requires a local government to
ministerially approve, without
discretionary review, any land use
decision or permitting application for a
housing development project. The bill
also specifies that any injunction,
provisional or otherwise, ordered by the
court under the bill’s provisions is
deemed to be prohibitory, and not
affirmative.
4/25/24 - Read
second time and
amended. Rereferred to Com.
on APPR.

Housing/
Zoning/ Legal
Fines
Oppose Watch
45 SB 1046 /
Laird
Organic Waste
Reduction:

Program
Environmental
Impact Report
This bill requires the California
Department of Resources Recycling and
Recovery (CalRecycle) to develop a
Program Environmental Impact Report
(PEIR) for small and medium compost
facilities by January 1, 2027.
4/25/24 In
Assembly. Read
first time. Held at
Desk.

Environmental/
Waste Recycling
Support Watch
46 SB 1066 /
Blakespear
Hazardous
Waste: Marine
Flares: Producer
Responsibility.

Under existing law, as part of the
hazardous waste control laws, the
Department of Toxic Substances Control
(DTSC) generally regulates the
management and handling of hazardous
waste and hazardous materials. This bill
would create a producer responsibility
program for marine flares with oversight
from DTSC.
4/29/24 April 29
hearing: Placed
on APPR suspense
file.

Environmental/
Waste
Management
Support Watch
47 SB 1143 /
Allen
Household
Hazardous
Waste: Producer
Responsibility.

This bill would create a producer
responsibility program for products
containing household hazardous waste
with oversight from the Department of
Toxic Substances Control (DTSC).
4/29/24 April 29
hearing: Placed
on APPR suspense
file.

Environmental/
Waste
Management
Support City Will
Consider
on 5/7/24
48 SB 1164 /
Newman
Property
Taxation: New
Construction
Exclusion:

Accessory
Dwelling Units.

SB 1164 would enact a property tax new
construction exclusion for the addition or
construction of an accessory dwelling
unit, as specified.
4/22/24 April 22
hearing: Placed
on APPR suspense
file.

Housing/
Revenue/
Property Tax
Oppose Watch
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#
Bill/
Author Title Summary Status Category
Cal Cities
Position
City
Position
2024 State Legislative Bills of Interest
49 SB 1280 /
Laird
Waste
Management:

Propane
Cylinders:

Reusable or
Refillable.

Existing law, the California Integrated
Waste Management Act of 1989,
establishes the Department of Resources
Recycling and Recovery and requires the
department to adopt rules and
regulations, as necessary, to carry out the
act. This bill would, on and after January
1, 2028, prohibit the sale or offer for sale
of propane cylinders other than those
propane cylinders that are reusable or
refillable, as defined.
4/23/24 Read
second time.

Ordered to third
reading.

Environmental/
Waste
Management
Support Watch
50 SB 1330 /
Archuleta
Urban Retail
Water Supplier:

Water Use.

Would make substantial changes to the
urban water use efficiency framework
including moving several dates to reflect
implementation delays, among other
provisions.
4/24/24 Read
second time and
amended. Rereferred to Com.
on APPR.

Environmental/
Water
Conservation
Support Watch
51 SB 1361 /
Blakespear
CEQA
Exemption:

Local Agencies:

Contract for
Providing
Services for
People
Experiencing
Homelessness
This bill creates a California
Environmental Quality Act (CEQA)
exemption for actions taken by a local
agency to approve a contract for
providing services for people
experiencing homelessness.
4/25/24 In
Assembly. Read
first time. Held at
Desk.

Homelessness/
CEQA
Support Watch
52 SB 1461 /
Allen
State of
Emergency and
Local
Emergency:

Landslide.

This bill: 1) Adds “landslide” to the list of
conditions that constitute a state of
emergency or a local emergency. 2)
Defines “landslide” to mean the
movement of a mass of rock, debris, or
earth down a slope under the direct
influence of gravity that travels at a
speed of at least one inch per year.
4/26/2024 - Set
for hearing May

6. Emergency
Preparedness/
Landslide
Support Watch
53 SB 1494 /
Glazer
Local Agencies:

Sales and Use
Tax: Retailers.

This bill prohibits a local agency, on or
after January 1, 2024, from entering into,
renewing, or extending sales and use tax
rebate agreements with retailers in
exchange for locating in their jurisdiction,
and voids agreements entered into
before that date on January 1, 2030.
4/25/24 Read
second time.

Ordered to third
reading.

Sales Tax/
Revenue
Oppose Watch
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CITY OF CUPERTINO
Agenda Item
24-13139 Agenda Date: 5/7/2024
Agenda #: 11.

Subject: Councilmember Reports
CITY OF CUPERTINO Page 1 of 1 Printed on 5/1/2024
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CITY COUNCILMEMBER REPORT*
Meeting: Tuesday, May 7, 2024
+for the “Councilmember Reports” agenda item under the “COUNCIL REPORTS” section Reporting Councilmember: Councilmember Liang Chao
Report Dates: 4/10/24 to 4/29/24
Section 1: Activities by Date (Date, Title, and Description):

NOTE:
● This list does not include internal meetings with staff only, such as prep sessions or meetings with the City Manager.
● This list includes activities to “represent the community I am elected to serve”, “to respond to community needs and complaints,” and “to communicate policies and programs to residents,” among other responsibilities of a City Councilmember.
● Due to my work schedule, I have cut down on the event attendance for ceremonial purposes, especially those I have attended almost every year in the past. Instead, I focus more of my time on constituent services.
2024-04-12 Follow-up to a public comment on April 3 during the first reading of the two hotel projects questioning whether the language used in the Development Agreement “good faith and diligent effort" is sufficient to ensure Cupertino can capture the local portion of the sales/use tax we deserve to get.
- I have since verified that the DA with Apple Park in 2013 did include assertive language to ensure the Sales Tax Localization Plan is implemented with contractors and subcontractors. Other cities, like San Jose’s Diridon Station Project, do include assertive language in their DA to capture sales tax.
- Note that this provision does not require purchasing of constructor materials from Cupertino. It merely requires the designation of Cupertino as the site where the construction materials will be used so that the local portion of the sales tax does not go to the County pool or a branch office of a contractor in another city. - This is the section of the DA in question from the two hotel projects on the April 3 Council Agenda.
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2024-04-12 Follow up to a constituent’s comment questioning the need for yet another BikePedestrian Plan in 2024 when there are already plans completed recently and unfinished projects. - Plans Cupertino has completed so far: 2016 Bike Plan, 2018 Pedestrian Plan, 2023 Local Road Roadway Safety Plan, 2024 Vision Zero Plan.
- Status of all bike path projects and feasibility studies that I can find (likely not complete) 2024-04-20 Stevens Creek County Park Centennial Celebration at the Sycamore Group Site at Stevens Creek County Park
● “One hundred years ago, on January 24, 1924, Santa Clara County acquired an initial 400 acres near Cupertino with the intent to establish a public park. The park, now known as Stevens Creek County Park, opened to the public later that year, making it the first County park and laying the foundation for the modern-day Santa Clara County Parks system. “
● “In 1935, the Santa Clara Valley Water Conservation District purchased 171.5 acres adjacent to the County’s land to develop a reservoir. The Stevens Creek dam was completed in 1936. Over the years, additional acreage and improvements have been made to Stevens Creek County Park so that visitors can enjoy archery, disc golf, boating, fishing, historic sites, horseshoe tossing, interpretive programs, picnicking, and trails for hiking, bicycling, horseback riding, and nature study.” 2024-04-20 Cupertino Earth and Arbor Day Festival and Tree Planting at the Wilson Park - visited many booths and talked to volunteers at the festival. - used the trail entrance near the Library to enter Regnart Creek Trail and walked to Wilson Park for the annual tree planting. Each year the City Council plants one tree of a different variety, which is natural to our climate.
2024-04-21 The 125th Anniversary of Cupertino Odd Fellow Lodge No. 70 - The reception was accompanied with a Live Hawaiian Band, performed by the lodge 243
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members. Then, a formal ceremony was held with speeches providing inspiring historic background of the lodge. At one time, there were only 5 members, but now the membership has grown to 60 members.
2022-04-22 Follow up to a constituent’s concern from 2024-04-06 questioning why Annual Comprehensive Financial Report (ACFR) has been filed many months late. - I have verified with staff that Gov. Code 40804 requires “the annual report”, which is ACFR, to be filed within seven months of the close of the fiscal year, which is June 30. Thus, ACFR should have been finished before Jan. 31 at the latest.
- I looked up the ACFR until 2012 and Cupertino has been filing ACFR around March since 2016.

Yet for the fiscal year ending June 30, 2014 and the fiscal year ending June 30, 2013, the ACFR was filed around mid November of the same year, respectively. - For the fiscal year ending June 30, 2023, all cities around us, except Los Altos, filed their ACFRs by December 2023.
2024-04-22 Visit of a delegation from Coppertino, hosted by the Cupertino-Coppertino Sister City Association.
- The delegation consists of one adult and three high school students. They toured the City Hall, Community Hall and the Library, accompanied by Economic Development Manager and Communication Coordinator, with a visit from a few staff, such as the City Manager, Senior Planner.
2024-04-22 Follow-up to April 3 public comment questioning whether the refinance of the City’s Debt in 2020 indeed saves $0,5M in annual interest payment. - The Dec. 2023 memo for Cupertino Public Facilities Corporation did mention that “The refinancing resulted in annual savings of approximately half a million dollars for the remaining 10 years of the debt.". Since the public brought up the question again, I submitted some specific questions for the issue on April 10.
- Comprehensive answers were provided from the staff on April 22: Answers to questions, Debt Service Program Payment Schedule from FY 21-22 Adopted Budget. There is indeed a savings of $0.5M per year.
- Answer: “annual payments around $3.17 million for FY21-FY30, versus the annual payment schedule from FY22 with annual payments around $2.67 million. The difference is a $0.5 million savings per year.” This debt will be paid off by June 2030. - This page from the FY 21-22 Adopted Budget provides a good history of what properties the city used the debt to purchase. such as Quinlan Center, Sports Center, Blackberry Farm (voterapproved debt), Creekside Park (voter-approved debt) and the construction of the Library and the Community Hall.
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2024-04-25 Follow up to a public comment at April 16 Council Meeting questioning why the city has $50M sitting in a cash account not earning any interest - The Feb. 27 response from the City Manager to Councilmember Moore confirmed that the City does have around $50M in checking account for operational expenses: “I believe the amount you referenced was around $50M. In short, the amount in question is mainly used to carry out daily city operation. In a simpler analogy, this would be the City's checking account to cover for routine expenses. The goal is to maintain enough liquid funds in this account to ensure invoices are paid in time.”
- The Treasurer’s Quarterly Investment Reports have the balance in checking account, LAIF (interest-earning cash-equivalent account for government agency) or other investment. - I did some research and here are my findings:
- I looked at the Q2 reports, ending December 31 of each year and found that Cupertino typically keeps around 15-20% of the total portfolio in the checking account, since 2016.

Before that, we kept around 2% in checking.
- I sampled a few cities around us for their FY 2023-24 Q2 reports, I found that other cities keep about $2-7M (0.25% to 2% of the entire portfolio) in the checking account. 2024-04-26 Meeting with the developer, Summerhill Homes, with a SB 330 Preliminary Application for the Staples + Pizza Hut + Dish n’ Dash site for 58 units of 3-story for-sale townhomes, including 20% middle-income units.
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Section 2: Committee Assignment
2024-04-24 Santa Clara County Recycle and Waste Reduction Commission (RWRC) meeting (agenda, video)
- California Product Stewardship Council (CPSC) Presentation. - CPSC was formed so local government could have a voice at Sacramento and their board consists of mostly elected city councilmembers. They get funding from other nonprofits and cities, such as Cupertino. They advocate for bills for producer and consumer responsibilities on recycle/reuse of various products, batteries, mattress, needles, carpet, paint, tires, e-waste, pesticide, mercury, used oil, packaging.
- Here are the bills supported by CPSC in 2024, such as AB 2 (Ward) – Recycling: solar photovoltaic modules, SB 707 (Newman) – Responsible Textile Recovery Act of 2024, Waste management:
propane cylinders: reusable or refillable, and more.
- California currently has 13 Product Stewardship Laws for Producer Responsibility and Consumer Responsibility.
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- The Presentation gave an overview of recycling programs - Some programs include financial incentives for recycling, such as paint, mattress, carpet, etc.
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Section 3: Other Information of Interest to My Constituents:

1. Housing Element Update:
- Highlights: 4,588 units are required for the HE, but the current HE has planned 6,226 units, about 36% more than required.
- By not counting 1,500 units in already approved projects and underestimating the realistic capacity for mixed use projects, Cupertino will upzone more properties than required to meet the RHNA requirements.
- The density (units/acre) of many sites will increase from 20 units/acre to 50-65 units/acre and some will increase to 65-80 units/acre.
- R1 corner lots will be allowed to develop with R2 standards to allow duplex, triplex or quadruplex. (Every R1 lot already allows up to 3 ADUs due to state laws) - Current Progress:
- The HCD letter on April 10 states “HCD is pleased to find the revised draft housing element meets the statutory requirements of State Housing Element Law (Gov. Code, § 65580 et seq.). However, the housing element cannot be found in substantial compliance until the City has completed necessary rezones to address the shortfall of sites to accommodate the regional housing needs allocation (RHNA).” - The study session for Housing Element was held at the April 16 Council Meeting.

This is the first meeting where a draft of the Housing Element is put on the Council agenda. But unfortunately no answers to Council questions were provided in the supplemental report.
- Here are some questions submitted and some with answers: 15 more questions without answers, questions are corner lots with answers, additional questions from the community without answers.
- Next Step: The final draft of the Housing Element and the zoning ordinance to rezone properties will be on the City Council agenda on May 14, after the April 29 Planning 248
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Commission meeting.

2. County’s Affordable Housing Project at Simian Property at the southwest corner of Wolfe Road and I-280.
- The March 28 County memo states “The County of Santa Clara Office of Supportive Housing issued a Request for Offers (RFO) in December 2023 with the goal of identifying a development partner(s) for the County-controlled property located at 10333 N. Wolfe Road, Cupertino (Subject Property), commonly known as the Simian Property.” - “On February 6, 2024, Santa Clara County Board of Supervisors approved an exclusive negotiating agreement with Eden Housing as the selected developer for the Subject Property.“

3. FUHSD By-Trustee-Area Election in November 2024
- On April 24th, the FUHSD Board adopted the final trustee-area map among three recommendations from the CTAD Committee. The final map will be submitted to the Santa Clara County Committee on School District Organization for approval at a public hearing.
- The first by-trustee-area election will be held in November 2024 for Trustee Areas 2 and 5, and then in 2026 for Trustee Areas 1, 3, and 4.
- Comparison of maps and other resources
- Below is an image of the adopted map (Revised Scenario 5) versus the high school attendance boundaries.
- Below is an image of the adopted map (Revised Scenario 5) with major roadways. 249
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(Last Activity Report in the April 16, 2024 Council Meeting Agenda.) 250
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CITY COUNCILMEMBER REPORT
Meeting:  May 7, 2024
Reporting Councilmember:  Vice Mayor J.R. Fruen
Report Dates:  4/9/24 to 4/29/24
Event Date, Title, and Description:

Event 1. April 10, 2024 – Staff Briefing Regarding 6
th RHNA Cycle Housing Element – I met
staff to discuss the state of the Housing Element. The timing proved auspicious as the California Department of Housing and Community Development (HCD) had just issued a letter finding the city’s draft Housing Element compliant contingent on adoption and rezoning.

The meeting was a useful predicate for my April 15 meeting with our reviewer from HCD.

Event 2. April 11, 2024 – Cities Association of Santa Clara County JPA Legislative Action Committee Meeting – I attended this meeting in my capacity as Cupertino’s representative to the CASCC LAC. We discussed multiple positions on four specific bills and forwarded recommendations along to the Board for their consideration. The LAC will continue its deliberation on bill positions at its May 9 meeting.

Event 3. April 13, 2024 – San Jose Westgate Transportation Planning Focus Group – The SJSU Department of Urban and Regional Planning, in coordination with the office of San Jose Vice Mayor Rosemary Kamei hosted a focus group session for local electeds and staff to examine challenges posed in a roughly one mile radius centered on the intersection of Prospect Road and Lawrence Expressway. Participants included San Jose Vice Mayor Rosemary Kamei, Campbell Union High School District Trustee James Kim, Campbell City Councilmember Anne Bybee, Saratoga Mayor Yan Zhao, Saratoga Vice Mayor Belal Aftab, Cupertino Councilmember Hung Wei, myself, and representatives of public works or transportation departments (or their equivalent) from San Jose, Cupertino, and the County of Santa Clara.

Event 4. April 14, 2024 – Meeting with Advocates Opposed to Artificial Turf – I met with Andrea Wald and resident Steven Hill about the environmental dangers created by artificial 1 251
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City Council Councilmember Report
2 turf with specific emphasis on PFAS contamination. The meeting was productive and illuminating.

Event 5. April 15, 2024 – Meeting with California Department of Housing and Community Development – At my request, our Housing Element reviewer, Jose Juaregui, and his supervisor, Melinda Coy, met with me to discuss the city’s most recent Housing Element iteration. Among other items, they emphasized that the document should not be changed unless such changes make it “more ambitious” and that Strategy HE 1‐3‐6 would require Cupertino to revisit and loosen its R‐2 zoning standards.

Event 6. April 20, 2024 – Cupertino Earth & Arbor Day – Along with the rest of the City Council, I participated in our Earth and Arbor Day activities at Library Field. In addition to honoring our tree maintenance staff, we also helped to plant a new oak tree in Wilson Park.

Overall, the event was very well attended. This year’s food trucks were better positioned and helped support collective reuse of cups.

Event 7. April 20, 2024 – Citizens for Better Community Gala – TI attended this annual charity event in Fremont as a guest. CBC supports a variety of good works in the East and South Bay.

At this year’s gala, they awarded numerous grants in support of organizations like Youth4Good.

Event 8. April 22, 2024 – Reception of Student delegation from Copertino Sister City – Together with the entire City Council, I joined the city’s welcome reception for a delegation of students from our oldest sister city, Copertino, Italy. The visit included a presentation and tour from the city manager and staff for which I helped interpret.

Event 9. April 23, 2024 – Induction Cooking Demonstration with Chef Martin Yan – Together with Mayor Mohan, and Councilmembers Wei and Moore, I attended a demonstration of induction cooktop food preparation presented by celebrity chef Martin Yan. The event was put together by Silicon Valley Clean Energy and San Jose Clean Energy. The presentation was well‐ attended and well‐received.

Event 10. April 26, 2024 – Meeting with BSA Scout Regarding School Enrollment – I met with BSA Scout Thejas who asked questions about school enrollment and how the city and school district can stem school enrollment declines.

Event 11. April 26, 2024 – Silicon Valley Chinese School 50th Anniversary Celebration – Along with a number of elected and appointed officials in the West Valley, I joined the Silicon Valley Chinese School for its celebration of its 50th Anniversary at the campus of Lynbrook 252
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City Council Councilmember Report
3 High School. On behalf of Mayor Mohan and the City Council, I presented them with a Certificate of Recognition in honor of the occasion.

Event 21. April 27, 2024 – Cupertino Cherry Blossom Festival – Together with Mayor Mohan, and Councilmembers Moore and Wei, I attended the ceremonial opening of the Cupertino Cherry Blossom Festival. The ceremony included comments from the Consul General of Japan, awards to Virgil and Trish Klein for their years of volunteerism in support of the Cupertino‐ Toyokawa Sister City Association (the organizer of the event), in addition to comments offered by the Mayor, and representatives of Congressman Ro Khanna’s office and Assemblymember Evan Low’s office, among others. Overall, it was a joyful and well‐attended event.

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1 CITY COUNCILMEMBER REPORT
Meeting:  May 7, 2024
Reporting Councilmember:  Mayor Sheila Mohan
Report Dates:  4/9/24 to 4/29/24
Item Date, Title, and Description:
4/9/24: Attended a meeting with Silicon Valley Clean Energy CEO to be updated on their plans to move to a new location in 2025.

4/10/24: In my capacity as Board member of SVCE, I attended the monthly Board of Directors meeting. SVCE staff lead a study session on the status of decarbonization programs related to residential electric vehicles and charging stations. We were also provided an update on the agency’s permit modernization program and policy initiatives for member jurisdictions.

4/11/24: Attended a meeting with City Manager re: livestreaming and recording of Commission meetings and heard about commissioners’ concerns about the present format.
4/11/24: Attended the monthly meeting of the Cities Association of Santa Clara County.  Bay Area Housing Finance Authority (BAHFA) provided an update on Affordable Housing, and guest speakers Daniel Saver from ABAG and Consuelo Hernandez from the County Office of Supportive Housing spoke about a possible ballot measure in November to fund affordable housing initiatives in cities. 4/12/24: Interview with Samay Sikri, Lynbrook High School Class President about opportunities available for young people to get involved in City government. 4/15/24: I attended a prep session conducted by staff on service level reductions and proposed use of Lawrence Mitty Park.
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City Council Councilmember Report
2 4/18/24: Attended the CalCCA (California Community Choice Association) annual conference in San Jose.   SVCE received a Community Impact Award for its work on the Decarbonization Demonstration Grants.
4/20/24: Together with the entire Council, I attended the City’s Earth and Arbor Day festival at the Library Field, and made a few remarks acknowledging the City staff for their efforts in hosting the festival and preserving the City’s sustainability and tree maintenance programs.     This was followed by a tree‐planting ceremony at Wilson Park.
4/21/24: Along with Councilmembers Chau and Moore, I attended the 125th anniversary celebration of Cupertino Oddfellows.  I made a speech acknowledging the rich history of the Oddfellows, and contributions of members, many of whom were present at the celebration.
4/21/24:  I attended the Eagle Court of Honor event at the Quinlan Center and on behalf of the City presented a Certificate of Achievement to Eagle Scout Sinduja Bokkisam from Scouts BSA Troop 492.
4/22/24: The Council welcomed a student delegation from our sister city Copertino, Italy and had lunch with the group.  Staff provided a tour of City facilities. 4/22/24: Attended the Audit Committee meeting.  We received updates on Fraud, Waste and Abuse program, the OPEB and Section 115 Trust performance, the annual review of the City’s Investment Policy and the 2022‐2023 ACFR. 4/23/24:  Attended the Cooking with Martin Yan event at the Quinlan Center.  This ‘experience’ was sponsored by the Santa Clara Office of Sustainability, and was intended to promote cooking on an induction cooktop.  Chef Martin Yan demonstrated his Chinese cooking expertise while regaling the audience with jokes and good‐humored observations.
4/24/24: Hosted the monthly meeting the West Valley Mayor and City Managers where representatives from Campbell, Los Gatos, Monta Sereno and Saratoga provided updates on City initiatives.   I was particularly proud to talk of our Housing Element news!
4/24/24: Together with Deputy City Manager, Tina Kapoor, I met with representatives of the India Community Center who are looking into options for a 255
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City Council Councilmember Report
3 permanent center, preferably in Cupertino, for their senior programs.   They are currently leasing space from the Union Church of Cupertino. 4/25/24:  I participated in a meeting with Bhubaneswar Sister City representatives about dates for events such as the flag raising for India’s Independence Day in August and possible travel to Bhubaneswar in November.
4/27/24: Along with Vice Mayor Fruen and Councilmember Moore, we welcomed the attendees at the Cupertino Cherry Blossom Festival, and I made some remarks honoring the close relationship between Cupertino and our sister city Toyokawa, Japan.   Several elected officials participated and made speeches.  Food vendors, artists, performers and musicians made the weekend a thoroughly enjoyable event for all.
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1 CITY COUNCILMEMBER REPORT
Meeting: May 7, 2024
Reporting Councilmember: Councilmember Kitty Moore
Report Dates: 4/9/24 to 4/29/24
Event Date, Title, and Description:

April 9, 2024. Housing Element prep session with City Staff.

April 10, 2024. Santa Clara County Library District Joint Powers Authority (SCCLD JPA) Finance Committee meeting, Campbell, CA1. I am appointed by the SCCLD Board of Directors (BOD) to serve on the SCCLD JPA Finance Committee. • The Committee approved the Consent Calendar which included the approval and recommendation the BOD approve multiple donations to various libraries in the district.
• After receiving a report on the 1344 Dell Avenue Office Annex project the Committee approved and recommended the Board approve to increase delegation of authority related to the Public Works contracts for construction management and general contractor services. This project is an 8,045 square foot office annex which integrates the natural environment with bird safe design and climate appropriate landscaping connecting with the existing ponds adjacent to the property.
• After a detailed discussion of the Preliminary Fiscal Year 2024-2025 Budget with certain rebudgeted projects moved from FY 24 to FY 25 and consideration of external risks which have been taken into account, the Committee recommended the Board consider the Fiscal Year 2024-25 Preliminary Budget.

April 10, 2024. CalCities Peninsula Division City Leaders Summit 2024 pre-meeting.

Attended meeting to discuss legislative priorities for meetings with legislators. 1 SCCLD JPA Finance Committee April 10, 2024 Agenda:
https://granicus_production_attachments.s3.amazonaws.com/sccl/45836b3df1996c28b34ff6b8866152fc0.pd f
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City Council Councilmember Report
2 April 11, 2024. Attended City of Cupertino Budget Meeting2 at Community Hall with members of the public to learn about budget forecasting and ask questions during the recorded event.

April 11, 2024. Attended 1st District-wide FUHSD Earth Day Event3 at the Computer History Museum. This impressive event is to “identify and showcase multidisciplinary climate-oriented projects by FUHSD students and teachers.” Student projects included wind turbines, poetry, recycling, plants, specialized work on commercial fertilizer alternatives to cause less damage to the environment, a drama performance, choir, field experts in environmental science, and more.

April 16, 2024. Attended the U.S. Environmental Protection Agency’s (EPA’s) informational General Public Webinar on EPA’s Final PFAS NPDWR. U.S. EPA has fact sheets available to understand what PFAS are and why they are of concern. On April 10, 2024, EPA announced the final National Primary Drinking Water Regulation (NPDWR) for six PFAS4.

April 16, 2024. Cupertino City Council Meeting.
2 City of Cupertino Budget Outreach meetings: https://www.cupertino.org/ourcity/departments/finance/community-budget-resources/budget-outreach-events 3 https://fuhsdclimatecollec.wixsite.com/fuhsd-climate-collec 4 https://www.epa.gov/sdwa/and-polyfluoroalkyl-substances-pfas 258
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City Council Councilmember Activity Report
3 April 17-19, 2024. Attended the CalCities City Leaders Summit 2024 in Sacramento.

Various activities attended:
• Press conference on the Capital lawn regarding the Taxpayer Act which CalCities opposes. Our local Supervisor Ellenberg was one of the speakers. • General Session Opening with updates on legislation CalCities has positions on. • Bay Area Legislative Reception.
• Discussion on retail theft with discussion on Prop 47 with Sen. Wahab and Asm.

Analis.
• Homelessness discussion on costs and need for ongoing funding. • Discussion on California’s budget deficit.
• NLC Federal Update.
• Communication Skills interactive discussion.
• Networking and legislator group meetings.
• SB 54 update regarding extended producer responsibility (EPR). • Franchise Fee discussion covering the Zolly case.
• Informal discussion with various councilmembers regarding the Housing Element, policies, numerical objectives from the various COGs, and working with HCD.
• Informal discussion with councilmembers from the Central Valley regarding groundwater challenges, air quality issues, and farming practices. • Informal discussion with councilmembers from the East Bay regarding PFAS in their water system and how they are working on it.

The slides for the materials links are available below and they are included as a courtesy for members of the community who are interested in more detail about what CalCities provides for educational materials:

Session Materials
• 2024 CLS Advocacy Materials
• A Collaborative Framework to Addressing Homelessness
• A Look Into the Future with HF&H Consultants
• AB 764 Changed the Rules (Again): Prepare Now for Districting and Redistricting • Attaining Equity Through Inclusive Engagement
• California - Leading the Way on Generative AI in Local Government • Community Engagement as a DEI Strategy
• Creating Social Connection
• How Cities Can Fight Crime with Civil Litigation
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4 • Interim Housing Solutions
• Small Town, Big Aspirations: Leveraging Interagency Collaborations to Address Complex Infrastructure Challenges
• The Vital Importance of Local Enforcement in the Cannabis Industry • Threats to Local Fiscal Sustainability, and What You Need to Know • Wednesday Legislative Session Slides, 11am-12 pm
April 20, 2024. 100th Anniversary of Santa Clara Parks. Attended this celebration of the purchase of our first county park near Cupertino. Join in the celebration by participating in “Hike the 100” here: https://parks.sccgov.org/HikeThe100 April 20, 2024. Cupertino Earth Day at Library Field and Wilson Park tree planting.

Attended Cupertino’s excellent Earth Day event which included our SV Hopper van which is wheelchair accessible, and one of 3 added to the fleet which improves transit accessibility for our community. Council helped plant a new tree addition for our City! 260
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5 April 21, 2024. Attended the 125th anniversary of the Cupertino Oddfellow’s Lodge #70.

Founded in 1899, more than 55 years before the incorporation of Cupertino, the Oddfellow’s lodge has provided 125 years of service in “friendship, love, and truth” to our local and wider community. Congratulations!
April 22, 2024. Council welcomed the Copertino Sister City delegation with a tour and pizza lunch. The delegation is touring the Bay Area this week with visits to our local tech giants and San Francisco.

April 23, 2024. Attended Chef Martin Yan’s induction cooking demonstration to see how indoor air quality and GHG reduction can be achieved while creating superb dishes using induction cook top surfaces.

April 25, 2024. Attended Retail Business Theft Prevention Webinar in collaboration with the Sheriffs, City of Cupertino, and Cupertino Chamber of Commerce. The anonymous tip line is (408) 808-4770 or email at [email protected].

April 25, 2024. Represented the City of Cupertino at the Santa Clara Library District Joint Powers Authority (SCCLD JPA) Board Meeting.
• Board received the Library Strategic Plan Highlight Presentation o StoryWalk installations happening at Campbell, Saratoga, and Morgan Hill libraries.
o Updated Reading Program publicity for enrollment and volunteering o “The Nest” construction at 1344 Dell proceeding to include meeting space for the reading program, staff workspace, and public/partner program rooms.
• Board approved multiple cash donations, contract authority delegation for purchases, library exhibit policy, and a job position.
• Board considered the FY 24-25 Preliminary budget (reviewed by the SCCLD JPA Board Finance Committee, which I serve on). This is a balanced and sustainable budget.
• Board approved increasing the delegation of authority for the construction contract at 1344 Dell Project
April 25, 2024. Met with Kevin Ebrahimi and John Hickey from SummerHill Homes along with their consultant, Matt Larson to look at some early concept plans for homes at two locations.
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6 April 27, 2024. Attended the Toyokawa Sister City Cherry Blossom festival at Memorial Park. Various dignitaries including the Cupertino City Council memorialized the festival, the Sister Cities, volunteers, and this year’s delegation which will be traveling to Toyokawa. Following the festival recognition, I toured the outdoor exhibits, watched performances; visited the Cupertino Historical Society exhibit. Visited the Cherry Blossom participant exhibits in the Quinlan Community Center of bonsai, Ikebana, dancing, dolls, swords and heraldry, and contemplative stones. This year’s Cherry Blossom festival had great weather and excellent attendance.

April 28, 2024. Visited with residents concerned about SB 330 projects, the Housing Element, and finances.

April 28, 2024. Attended CALE meeting regarding the challenge of SB 9 for charter cities and its overturn. Ruling may be accessed here: https://cdn.kqed.org/wpcontent/uploads/sites/10/2024/04/20240422-Los-Angeles-Superior-Court-Judge-rulingon-SB-9.pdf 262
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1 CITY COUNCILMEMBER REPORT
Meeting:  May 7, 2024
Reporting Councilmember:  Councilmember Hung Wei
Report Dates:  4/9/24 to 4/30/24
Event 1.   Thursday April 11, 2024 @ 5:00pm, Fremont Union High School District (FUHSD) Climate Collective Earth Day at Computer History Museum in Mountain View Attended FUHSD Annual Earth Day hosted by students at the Computer History Museum with tables showing climate‐action projects and initiatives.

Event 2. Saturday April 13, 2024 @ 10:30am, San Jose State University “El Paseo de Saratoga Urban Village” Student Focus Group Discussion @ West Valley Community Library Branch Met with students from San Jose State University “El Paseo de Saratoga Urban Village” Focus Group with elected officials and City staff from the cities of Campbell, Cupertino, San Jose, & Saratoga, and also the County of Santa Clara, Campbell Union High School District, Moreland School District, and Fremont Union High School District, to provide input, recommendation, and discussion on the El Paseo de Saratoga Urban Village areas for students to make a presentation on the Urban Village planning. Vice Mayor JR Fruen and Assistant City Manager Matt Morely were also present.

Event 3. Sunday April 14, 2024 @ 2:00pm, Presentation on Current Issues in Cupertino @ Home of Christ Church in Cupertino
Hosted a Presentation and Q&A on current Cupertino issues at a local church.

Event 4. Tuesday April 16, 2024 @ 12:45pm, Staff Briefing on Housing Element Attend a staff briefing and Q&A on Housing Element to prepare for City Council Meeting. 263
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2 Event 5. Saturday April 20, 2024 @ 12:30pm, Cupertino City Earth Day @ the Library Field Attended Cupertino City’s Annual Earth Day at the library field with multiple student and community organizations advocating for climate actions to protect our environment and our beautiful Earth. All five City Councilmembers were present.

Event 6. Saturday April 20, 2024 @ 2:00pm, Tree Planting @ Wilson Park Attended the annual Tree Planting with City staff in honoring of Earth Day.

Event 7. Sunday April 21, 2024 @ 10:00am, Tze Chi Foundation’s Family Safety Forum Attended the Annual Family Safety Forum hosted by the Tze Chi Foundation, representing Mayor Mohan and the City of Cupertino in presenting a Certificate of Appreciation for Tze Chi Foundation to provide educational materials and emergency preparedness training to families.

Event 8. Sunday April 21, 2024 @ 1:00pm, 125th Anniversary Celebration of the Cupertino Odd Fellows Lodge#70
Attended the pre‐Celebration portion of the Anniversary Celebration to acknowledge the 125th Anniversary of the Cupertino Odd Fellows with Councilmembers Chao and Moore. Mayor Mohan and Cupertino City provided a soft copy of a Certificate of Congratulations to be included in the Program. Unfortunately, I was unable to attend the Celebration Ceremony due to a Celebration of Life event at 2:30pm.

Event 9. Monday April 22, 2024 @ 10:30am, Copertino Italy Student Delegation Visit to Cupertino City Hall and the Library
Together with Mahor Mohan, Vice Mayor JR Fruen, Councilmember Moore, City Manager Wu, a couple of staff members, and our Sister City President/Board members, we welcomed students from out Sister City Copertino Italy to the City Hall with a staff presentation introducing the City of Cupertino and a pizza lunch provided by La Pizzeria Cupertino Italian Restaurant.

Event 10.  Monday April 22, 2024 @ 4:00pm, City Audit Committee Meeting Attended the Audit Committee Meeting and received Annual Comprehensive Financial Report, updates from Chandler, PARS, and Moss Adams, asked questions and discussed future meeting dates.
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3 Event 11.  Tuesday April 23, 2024 @ 6:30pm, Celebrity Chef Martin Yan “Live Induction Cooking Experience” @ Cupertino Quinlan Center
Attended the live demonstration of induction cooking by Celebrity Chef Martin Yan with Mayor Mohan, Vice Mahor Fruen, and Councilmember Moore.  Chef Yan made delicious dishes over induction cooktop, demonstrated the efficiency of induction cooking over gas, and introduced to the audience the benefits of induction cooking for the environment. Multiple drawings were conducted for the lucky winners to bring home induction cookware. Everyone also enjoyed a sample of Celebrity Cook Yan’s dishes.

Event 12. Wednesday April 24, 2024 @ 6:00pm, Scholarship Awards Banquet hosted by the South Bay Chinese Service Club @ Pearl Bay Restaurant in Fremont Attended with Mayor Mohan and Vice Mayor Fruen the Annual Scholarship Awards presented by the South Bay Chinese Service Club, witnessing student achievements and listened to students describe their journey from high school to their future career aspirations.

Event 13. Friday April 26, 2024 @ 2:00pm, Cities Association Executive‐Committee Meeting @ Los Altos Community Center
Attended the E‐Committee Meeting of the Cities Association, reviewed Bylaws to recommend for Board approval, finalized event planning for the upcoming May 22 Peninsula Division event at Cisco, discussed agenda items for the upcoming Board and Legislative Action Committee meetings.
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Cupertino City CouncilMay 7, 2024

Cupertino City Council
May 7, 2024