Cupertino City Council
September 4, 2024

AGREEMENT FOR STREET SWEEPING SERVICES

1. PARTIES
This Agreement is made by and between the City of Cupertino, a municipal corporation (“City”), and Sweeping Corporation of America (“Contractor”), a Corporation for Street Sweeping Services, and is effective on the last date signed below (“Effective Date”).

2. SERVICES

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

2.2 Contractor’s duties and services under this agreement shall not include preparing or assisting the City with any portion of the City’s preparation of a request for proposals, request for qualifications, or any other solicitation regarding a subsequent or additional contract with the City.

The City shall at all times retain responsibility for public contracting, including with respect to any subsequent phase of this project. Contractor’s participation in the planning, discussions, or drawing of project plans or specifications shall be limited to conceptual, preliminary, or initial plans or specifications. Contractor shall cooperate with the City to ensure that all bidders for a subsequent contract on any subsequent phase of this project have access to the same information, including all conceptual, preliminary, or initial plans or specifications prepared by contractor pursuant to this agreement.

3. TIME OF PERFORMANCE

3.1 This Agreement begins on the Effective Date and ends on November 1, 2029 (“Contract Time”), unless terminated earlier as provided herein. Contractor’s Services shall begin on the effective date and shall be completed by November 1, 2029. The City’s appropriate department head or the City Manager may extend the Contract Time through a written amendment to this Agreement, provided such extension does not include additional contract funds. Extensions requiring additional contract funds are subject to the City’s purchasing policy.

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

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

Attachment A
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4. COMPENSATION

4.1 Maximum Compensation. City will pay Contractor for satisfactory performance of the Services an amount that will based on actual costs but that will be capped so as not to exceed $2,215,705 (“Contract Price”), based upon the scope of services in Exhibit A and the budget, rates and payment terms included in Exhibit C, Compensation , attached and incorporated here. The maximum compensation includes all expenses and reimbursements and will remain in place even if Contractor’s actual costs exceed the capped amount. No extra work or payment is permitted without prior written approval of City.

4.2 Invoices and Payments . Monthly invoices must state a description of the deliverable completed and the amount due for the preceding month. Within thirty (30) days of completion of Services, Contractor must submit a requisition for final and complete payment of costs and pending claims for City approval. Failure to timely submit a complete and accurate payment requisition relieves City of any further payment or other obligations under the Agreement.

5. INDEPENDENT CONTRACTOR

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

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

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

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

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

5.6 Payment of Benefits and Taxes. Contractor is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. Contractor and any of its employees, agents, and subcontractors shall not have any claim under this Agreement or otherwise against City for seniority, vacation time, vacation pay, sick leave, personal time off, overtime, health insurance, medical care, hospital care, insurance benefits, social security, disability, unemployment, workers compensation or employee benefits of any kind. Contractor shall be solely liable for and obligated to pay directly all applicable taxes, fees, contributions, or charges applicable to Contractor’s business including, but not limited to, federal and state income taxes. City shall have no obligation whatsoever to pay or withhold any taxes or benefits on behalf of Contractor. In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this 155
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Agreement is determined by a court of competent jurisdiction, arbitrator, or administrative authority, including but not limited to the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City, and actual attorney’s fees incurred by City in connection with the above.

6. PROPRIETARY/CONFIDENTIAL INFORMATION

In performing this Agreement, Contractor may have access to private or confidential information owned or controlled by the City, which may contain proprietary or confidential details the disclosure of which to third parties may be damaging to City. Contractor shall hold in confidence all City information provided by City to Contractor and use it only to perform this Agreement.

Contractor shall exercise the same standard of care to protect City information as a reasonably prudent contractor would use to protect its own proprietary data.

7. OWNERSHIP OF MATERIALS

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

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

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

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

7.4 Re-Use of Work Product. Unless prohibited by law and without waiving any rights, City may use or modify the Work Product of Contractor or its sub-contractors prepared or created under this Agreement, to execute or implement any of the following:

(a) The original Services for which Contractor was hired; (b) Completion of the original Services by others;
(c) Subsequent additions to the original Services; and/or (d) Other City projects.

7.5 Deliverables and Format. Contractor must provide electronic and hard copies of the Work Product, on recycled paper and copied on both sides, except for one single-sided original. 156
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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 change s related to the financial control or business nature of Contractor as a legal entity is considered an assignment of the Agreement and subject to City approval, which shall not be unreasonably withheld. Control means fifty percent (50%) or more of the voting power of the business entity.

10. PUBLICITY / SIGNS

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

11. INDEMNIFICATION

11.1 To the fullest extent allowed by law, and except for losses caused by the sole and active negligence or willful misconduct of City personnel, Contractor shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, officials, employees, agents, servants, volunteers, and consultants (“Indemnitees”), through legal counsel acceptable to City, from and against any and all liability, damages, claims, actions, causes of action, demands, charges, losses, costs, and expenses (including attorney fees, legal costs , and expenses related to litigation and dispute resolution proceedings) of every nature, arising directly or indirectly from this Agreement or in any manner relating to any of the following:

(a) Breach of contract, obligations, representations, or warranties; (b) Negligent or willful acts or omissions committed during performance of the Services; (c) Personal injury, property damage, or economic loss resulting from the work or performance 157
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of Contractor or its subcontractors or sub-subcontractors; (d) Unauthorized use or disclosure of City’s confidential and proprietary Information; (e) Claim of infringement or violation of a U.S. patent or copyright, trade secret, trademark, or service mark or other proprietary or intellectual property rights of any third party.

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

11.3 Contractor’s duties under this section are not limited to the Contract Price, workers’ compensation payments, or the insurance or bond amounts required in the Agreement. 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, or a purchase order, or other transaction.

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

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

11.6 This Section 11 shall survive termination of the Agreement.

12. INSURANCE

Contractor shall comply with the Insurance Requirements, attached and incorporated here as Exhibit D , and must maintain the insurance for the duration of the Agreement, or longer as required by City. City will not execute the Agreement until City approves receipt of satisfactory certificates of insurance and endorsements evidencing the type, amount, class of operations covered, and the effective and expiration dates of coverage. Failure to comply with this provision may result in City, at its sole discretio n 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 Syndrom e (AIDS), or any other protected classification. Contractor shall comply with all anti-discrimination laws, including Government Code Sections 12900 and 11135, and Labor Code Sections 1735, 1777, and 3077.5. Consistent with City policy prohibiting harassment and discrimination, Contractor understands that harassment and discrimination directed toward a job applicant, an employee, a City employee, or any other person, by Contractor or its employees or sub-contractors will not be tolerated. Contractor agrees to provide records and documentation to the City on request necessary to monitor compliance with this provision.

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

15. ABANDONMENT OF PROJECT

City may abandon or postpone the Project or parts therefor at any time. Contractor will be compensated for satisfactory Services performed through the date of abandonment, and will be given reasonable time to assemble the work and close out the Services. With City’s pre-approval in writing, the time spent in closing out the Services will be compensated up to a maximum of ten percent (10%) of the total time expended to date in the performance of the Services. 159
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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.

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 e ffective 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: Jimmy Tan
Email: [email protected]
To Contractor: Sweeping Corp. of America
4141 Rockside Road, Suite 100
Cleveland, OH 44131

Attention: Richard Anderson
Email: [email protected]

27. EXECUTION

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

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

CITY OF CUPERTINO CONTRACTOR
A Municipal Corporation

By By

Name Name Brad Becker

Title Title Vice President

Date Date

APPROVED AS TO FORM:

CHRISTOPHER D. JENSEN
Cupertino City Attorney

ATTEST:

KIRSTEN SQUARCIA
City Clerk

Date
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EXHIBITS A - C
I. Overview
The City of Cupertino (“City”) is requesting bids for a five (5) year contract from qualified contractors to perform street sweeping services on City residential and commercial streets, right-of-ways and bike lanes areas. A complete map of the City streets is included in Attachment B.

II. Backgroun
d
The City was incorporated in 1955 and is located in Santa Clara County, approximately 32 miles south of the San Francisco International Airport and directly west of the City of San Jose on the western edge of the Santa Clara Valley.

The s
treet sweeping contract falls under the jurisdiction of the Public Works Department. The Public Works Director or his/her designee is responsible for the level of service provided by the selected contractor (Contractor).

The C
ontractor shall be responsible for providing all labor, equipment, disposal and documentation necessary to perform street sweeping services on a weekly basis, including:

1. Sweepi
ng all public arterial, collector, residential and commercial streets, alleys, cul-de-sacs and median island curbs.

2. Sweeping all bicycle lanes.

3. Providing additional sweeping during heavy leaf fall season, typically November 1 thru December 31. Two additional sweepings will occur each month for the locations identified under Section 9.14.

III. Site Location
The map of the street sweeping locations is included in Attachment B.

IV. Pr
oject Specifications/Requirements
Contractor shall perform street sweeping services in the City in accordance with this Invitation for Bid (IFB) on the following terms and conditions:

Def
initions. In instances where these contract documents refer to “Construction,” when applicable, the intent is for contract document language to imply “Street Sweeping”.

1.1 Basic Street Sweeping Services - Basic Street Sweeping Services shall be defined as the work required to mechanically sweep, hand sweep or vacuum all city streets (residential & commercial) excluding any additions, deletions or extra work.

1.2 Street - The paved area between the normal curb line of a roadway, whether an actual curb exists or not.

1.3 Curb Mile - Curb Mile shall be defined as the distance the sweeper machine travels with an effective sweeping width of eight (8) feet from either the curb face or edge of pavement.

1.4 Adverse Weather - Sweeping is not to occur during measurable rain events or other weather events that adversely affect the efficiency of street sweeping operations. The Street Supervisor shall be the only person to decide when weather conditions are too adverse to sweep.

1.5 Scheduled Extra Work - Work outside of Residential/Commercial Street Sweeping Services that may be necessary include, but are not limited to: seasonal heavy leaf fall, correcting damages due to accidents, vandalism, acts of God, spillage, sandblasting, paving preparation, and undesignated special events, which may require sweeping services during the year.

1.6 Emergency Extra Work - Emergency Extra Work is defined as work outside of Residential/Commercial Street Sweeping Services that requires immediate response.

Emergency Extra Work items may include but are not limited to correcting damages due to accidents, vandalism, acts of God, spillage, sandblasting, paving preparation, and undesignated special events, which may require sweeping services during the year, in an 163
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emergency timeframe.

1.7 Holidays - The City shall provide a list of official holidays each year in December for the following year’s holidays. No sweeping will be done on holidays when the City of Cupertino is closed. No payment for street sweeping services will occur for holidays. No makeup days will be made for holidays.

Sec
tion 2 – Locations
The
project is located on all City streets currently owned and maintained by the City of Cupertino, County of Santa Clara. See Attachment B for maps and locations.

Sec
tion 4 – General Requirements

4.1 Work to be done. The Work to be done consists of street sweeping of all City streets in accordance with this Scope of Work. Where the specifications describe portions of the work in general terms, but not in complete detail, it is understood that only the best general practice is to prevail and that only materials and workmanship of first class quality are to be used.

4.2 Disposal of Materials.

1. As part of the Scope of Work included within the Contract Sum, Contractor shall have the option to dispose of non- hazardous material resulting from the Work at the City of Cupertino Service Center located at 10555 Mary Avenue (“Service Center”).

2. If contractor elects not to dispose of material at the Service Center all waste materials shall be disposed of at sites to be chosen by Contractor in accordance with all applicable local, state, and federal regulations and laws.

3. During heavy leaf fall times, contractor will be allowed to dump at a City selected site other than the Service Center. At these times, the City will provide at no cost to the contractor roll off bins that will be loaded periodically by City personnel.

4.3 Servicing of equipment. Contractor may not use the Service Center to make major repairs of sweeping equipment. Minor repairs of limited duration and switch out of brooms are permitted.

4.4 Order of Work. Contractor is required to follow the established days of sweeping indicated in the contract documents.

Sec
tion 5 - Labor Provisions

5.1 Hours of Labor and Work.

1. This contract is expected to begin on November 1, 2024 and sweeping will commence on this same date.

2. The Contractor shall diligently perform the work and said work shall be completed on the specified days and at the specified times, excluding holidays.

3. Residential sweeping shall be between 7:30 a.m. and 3:30 p.m. on the days shown on the map. Commercial sweeping shall be between 12:00 a.m. and 5:00 a.m. as noted on the schedule. Some residential streets are posted with the time restrictions for sweeping. The Contractor must comply with these restrictions.

4. The Cupertino Municipal Code, Chapter 10.48, Community Noise Control applies to this contract.

5. Holiday: The City will provide a list of observed holidays each year in December for the following year’s holidays.

5.2 Weekly Progress Meeting. City will schedule and administer weekly progress meetings throughout the first month of sweeping services, or as needed, to determine compliance 164
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with these contract documents.

Section 6 – Contractors Qualifications

The Contractor bidding on this project must have experience providing street sweeping services, preferably for a City comparable to Cupertino in size. For a bid to be considered responsive to this Invitation for Bids, the bidder shall demonstrate experience in municipal street sweeping.

Section 7 – Estimated Quantities

Item Description Est. Qty. Unit
1 Residential/Commercial Stree t Sweeping
a. Residential Street Sweeping 12 Per Month
b. Commercial Street Sweeping 12 Per Month
2 Scheduled Extra Work Street Sweeping 45 Curb Mile
3 Emergency Street Sweeping 2 Hour
4 Class IV (“Protected Bike Lanes”) 10.47 Curb Mile

Section 8 – Explanation of Bid Items

The price bid per unit measure of work shall include all costs of labor, equipment, incidentals, overhead costs and direct expenses and materials necessary for maintenance to satisfactorily complete street sweeping services in accordance with these Contract documents.

Any item shown on the details or described in these provisions and not specifically listed as a bid item shall be considered as included in the various bid items and no special compensation will be allowed.

BID ITEM NO. 1 - RESIDENTIAL/COMMERCIAL STREET SWEEPING (LS) This unit price bid item shall include all cost for labor, equipment and materials for sweeping residential/commercial streets as specified in the contract document s and as shown on the “Residential Street Sweeping Map”. The monthly lump sum to sweep 696 miles of City streets for this bid item shall include but not necessarily be limited to the following.

8.1 The Contractor shall sweep each residential street 2 times per month, except in the case of adverse weather conditions as determined by the Street Supervisor. (Approximately 534 curb miles per month)
 Residential sweeping shall be between 7:30 a.m. and 3:30 p.m.  Attachment, "Residential Street Sweeping Map -Areas A through H", specifies the established areas and curb miles per area for all City residential streets.

o Some residential streets are posted with specific time requirements for street sweeping. The Contractor must comply with these restrictions as indicated in Attachment, "Residential Street Sweeping Time Requirements". o Stevens Canyon Road from Ricardo Road to South City limit sign is not included in this contract.
o Attachment, "Residential Street Sweeping Map - Areas A through H” indicates the areas and respective miles per each area. The miles given are estimates and the 534 curb miles per month are approximate.

 Sweeping shall include both outside gutter area, or if no gutter, up to the edge of pavement, and minor median dividers.
 Specific areas such as some cul-de-sacs or other hard to reach areas may require hand sweeping of the comers or have situations where debris must be vacuumed into the sweeper.

8.2 The Contractor shall sweep commercial streets including median islands 4 times per month (approx. 162 curb miles per month). It is anticipated that additional curb miles of commercial streets will require sweeping of a greater frequency during seasonal heavy leaf fall events. For these events, the Street Supervisor shall authorize additional street sweeping to be compensated under Bid Item No. 3, Scheduled Extra Work Street 165
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Sweeping.
• Commercial sweeping shall be between 12 :00 a.m. and 5:00 a.m. as noted on the schedule unless otherwise authorized by the Street Supervisor. • Commercial sweeping includes the sweeping of all shoulders and medians located on all bridges or overpasses located in the City. Sweeping frequency shall be as specified for the respective sweeping area.
• Sweeping shall include both outside gutter area (approximately 116 curb miles per month) and median curb (approximately 46 miles per month) areas unless otherwise specified. • Contractor shall sweep the rear of the Service Center lot once per month on the first week of the monthl.

8.3 No payment for street sweeping services will occur during adverse weather for either residential or commercial street sweeping. The lump sum monthly amount submitted in Bid Item No. 1 will be divided by the 696 miles (street curb miles to be swept monthly) to determine the cost per mile swept. The curb miles within the area not swept during adverse weather will be multiplied by the cost per mile swept to determine the amount to be deducted from the lump sum monthly amount submitted in Bid Item No. 1.

8.4 The City reserves the right to add or delete curb miles and to increase or reduce the sweeping frequency called for in these Contract Documents . The lump sum monthly amount submitted in Bid Item No. 1 will be divided by the 696 miles (street curb miles to be swept monthly) to determine the cost per mile swept. Added or deleted curb miles will be multiplied by the cost per mile swept to determine the amount to be added or deducted from the lump sum monthly amount submitted in Bid Item No. 1. The cost per curb mile for additions or deletions will dictate the maximum increase that will be allowed for additional miles and/or for additional frequency. That amount will also dictate the minimum reduction in monthly cost for deletion of curb miles and/or decrease in sweeping frequency.

BID ITEM NO. 2 - SCHEDULED EXTRA WORK STREET SWEEPING (CURB MILE) This unit price bid item shall include all cost for labor, equipment and materials for scheduled extra work sweeping of streets as specified in the contract documents. The Contractor may be required to sweep certain areas at times and during months other than stated and specified in these Special Conditions. Scheduled extra work shall be completed within 48 hours of notice by the City unless otherwise agreed. Compensation will be per curb mile swept or $500, whichever is greater, per scheduled extra work event.

BID ITEM NO. 3 - EMERGENCY STREET SWEEPING (HOURLY)
This uni
t price bid item shall include all cost for labor, equipment and materials for sweeping streets when deemed an emergency, to the specifications of these contract documents . Contractor response to the site shall be within 2 hours or less. Compensation will be hourly, with the City paying a minimum two (2) hour rate for each emergency request.

BID ITEM NO. 4 - CLASS IV (“PROTECTED”) BIKE LANES (CURB MILE) This unit price bid item shall include all cost for labor, equipment and materials for sweeping Class IV (“Protected”) bike lanes on streets as specified in the contract documents.

• Each bike lane will vary in width from 5’-7’,and may have limited access. • This contract includes 5.24 curb miles of Class IV bike lanes to be swept 2 times monthly for a total of 10.47 curb miles.

ALTERNATE BID ITEM NO. 1 – REDUCE RESIDENTIAL STREET SWEEPING TO ONE TIME

PER MONTH
This unit price bid item shall include all cost for labor, equipment and materials for sweeping residential streets as specified in the contract documents and as shown on the “Residential Street Sweeping Map”. The scope of services for this alternate bid item shall be to sweep each residential street 1 time per month instead of 2 times per month as noted in Bid Item 1. All other requirements noted in Bid Item No. 1 remain the same.

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Section 9 – Street Sweeping Requirements

9.1 The Contractor will clean all streets, at the frequency specified in these contract documents, currently owned and maintained by the City.

9.2 Sweeping of streets listed shall be accomplished in accordance with the routes and schedules identified in Attachment B . Routes and sweeping schedules shall not be modified without prior written approval by Street Supervisor.

9.3 The Contractor will not be required to return to sweep an area previously blocked by parked vehicles.

9.4 Contractor is required to coordinate with City Code Enforcement at 408- 777-3182 regarding any schedule changes affecting time restricted streets.

9.5 The sweeper operator must check in and out daily with the Street Supervisor and confirm the area to be swept and to notify of completion.

9.6 The Contractor must have a supervisor or foreman available for communication at all times to direct operations.

9.7 The sweeper operator shall notify the Street Supervisor of breakdowns or problems in an area of sweeping. Notification by way of cell phone (at the Contractor’s expense) is acceptable.

9.8 The Contractor must timely respond to all complaints registered with the City on a daily basis.

9.9 The Contractor shall operate the sweepers between four and five miles per hour when sweeping, unless it can be proven to the satisfaction of the Street Supervisor that the sweeper can operate at a higher speed and still operate efficiently.

9.10 If items such as large stones, tree limbs, wood, cables and other materials too large to be picked up are found, these locations shall be reported to the City Service Center at 408-777-3269.

9.11 The Contractor shall submit a Monthly Sweeping Log for each area swept to the City by the first 15th of the following month. The log shall include daily starting and ending odometer readings, cubic yards of material collected and type of sweeper used. A separate log shall also be used for any additional work items performed. A monthly statement template form or an acceptable proposed form will be provided and approved, respectively, and may be modified at any time at the discretion of the City pursuant to the National Pollutant Discharge Elimination System Bay Area Municipal Regional Permit regulations and requirements.

9.12 The Contractor shall utilize adequate amounts of water to conduct street sweeping services. No dry sweeping shall be allowed unless authorized by the City. Water for dust control must be metered. Contractor is responsible for obtaining water meter(s) from either/both California Water Company and/or San Jose Water Company. Compensation for the required separate payment for water shall be considered as included in the scope of work for basic sweeping service, and no separate payment will be made.

9.13 All deposits of dirt, rock, glass, cans, leaves, sticks, papers, or any like materials within the areas to be swept, per the terms of this Contract, and of a size which can be practically removed by "PM-10 Certified" sweeper shall be removed and disposed of in a manner and at a location approved by the City. The Contractor may dump all debris at City of Cupertino Service Center located at 10555 Mary Avenue. As noted in these contract documents , an additional disposal area will be established and maintained by the City during seasonal leaf fall events. Contractor to ensure debris piles are contained. Contractor is not required to load debris into bins.

9.14 During the heavy leaf fall season, typically November 1 thru December 31, two additional sweepings will occur each month. An additional sweeper (s) is required for this sweeping.

A list of streets are in Attachment B. These additional sweepings shall occur on opposite weeks of regularly scheduled sweepings, but on the same day of the week as scheduled sweeping occurs. The Contractor may use a mechanical or vacuum sweeper first, and then followed by a "PM-10 Certified" sweeper during heavy leaf build up as required by the Street Supervisor. Three general areas in the City experience heavy seasonal leaf fall. These areas include:
• The "Rancho Rinconada" area of the City approximately bounded by Tantau Avenue on the west, Sterling Boulevard on the east, Bollinger Road on the south and Stevens Creek Boulevard on the north.
• The "East Estates" area of the City approximately bounded by Blaney Avenue on the west, Miller Avenue on the east, Bollinger Road on the south and 167
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Stevens Creek Boulevard on the north.
• The "Vallco" area of the City approximately bounded by Wolfe Road on the west, Tantau Avenue on the east, Stevens Creek Boulevard on the south and Homestead Road on the north.

These three areas and other streets adjacent to these areas will have one (1) separate leaf disposal area established by the City within approximately one mile of these boundaries.

The disposal area will consist of roll off bins maintained by the City. No other City support is provided for the collection of leaves. Other localized areas of seasonal heavy leaf fall occur within the City. These other locations are to have street sweepings disposed of at the Service Center located at 10555 Mary Avenue. Contractor must, at the onset and throughout heavy leaf fall events, provide all sweeper trucks necessary to effectively sweep all City streets free of leaves and any other specified debris per the established sweeping schedule. No additional payment will be due to the contractor for the addition of needed sweepers to meet this requirement.

9.15 The Contractor will provide fuel and maintenance for all vehicles and for equipment.

9.16 The City will reserve the right to accompany the driver to inspect sweeper operation at any time.

Section 10 – Equipment

The equipment to be used to complete the sweeping must conform to the following requirements:

10.1 The Contractor must have proof of ownership, or a signed lease for the duration of the contract.

10.2 Sweeper equipment must be properly registered, licensed and insured in accordance with California State Motor Vehicle Laws and a copy must be left at the Service Center.

Equipment must conform to all federal, state and local safety regulations.

10.3 Sweeper equipment must be in conformance for the duration of this contract with all State, Federal and Bay Area Air Quality Management requirements.

10.4 All sweeper equipment must not be over five (5) years old at the time of bid and for the duration of the Contract, unless approved by the Director of Public Works or his/her designee.

10.5 Sweeper equipment must be in excellent working condition and kept that way throughout the life of the Contract. The outside body must be free from dents and large scratches.

Paint must be well maintained. Regularly inspect machines for leaks and repair immediately. Sweepers must be able to consistently meet the schedule requirements for the entire City

10.6 All sweeper equipment shall be subject to the approval of the City. All sweeping equipment shall have appropriate safety markings consisting of highway lighting, flashing and warning lights, clearance lights, and warning flags, all in accordance with the State Vehicle Code and approved by the City.

10.7 Sweepers must be "PM -10 Certified," as defined in the South Coast Air Quality Management District (SCAQMD) Rule 1186, based on their ability to pick up and capture small dust particles (PM-10 indicates particles of 10 microns or smaller). Contractor may use mechanical, regenerative air or vacuum sweeper meeting this specification. The contractor may use a non-"PM-10 Certified" sweeper to facilitate Fall leave collection.

10.8 Sweeper equipment must be equipped with an efficient water spray system for dust control and the spray system must be maintained in good operating condition at all times.

10.9 All street sweepers shall be equipped with automatic vehicle location device (Geographic Positioning System (GPS)) and management system that will report all street sweeping activity to the City and to the contractor in real time. The system must be internet-based, compatible and accessible with existing Service Center computer hardware, and allow City staff to monitor real time progress and provide monthly report capacity for each street sweeper. Reports are to indicate date and start/stop time of service, vehicle speed, location, idle time, engagement of sweeping mechanism, mileage and route.

10.10 The use of a steel plate on the sweeper wheel to prevent tire scuffing against the curb will not be permitted.

10.11 It is desired that the contractor provide sweeper equipment with the ability to dump directly into either a roll off debris bin or truck of minimum 84" height.

10.12 A sufficient supply of spare brooms and other parts for sweeper equipment shall be kept readily available to ensure the timely and continuous fulfillment of this Contract.

10.13 Sweeper equipment must be equipped with dual gutter brooms not shorter than 7" and 168
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main broom not shorter than 8" capable of sweeping at minimum an 8 foot path, or a vacuum sweeper that is approved by the Street Supervisor

10.14 All required sweeper equipment maintenance, parts and fuel necessary to complete this Contract is to be solely provided by and at the expense of the Contractor.

10.15 All major mechanical problems must be corrected at a location other than the Service Yard or City street.

10.16 Before sweeping equipment is used on extra work, Contractor shall plainly stencil or stamp an identifying number thereon at a conspicuous location, and shall furnish to City, in duplicate, a description of the equipment and its identifying number.

Section 11 – Callbacks

Whenever, in the opinion of the City, a section of street is inadequately swept, the Contractor shall, within 24 hours after notification, re-sweep the section in question and may, at the discretion of that City, forfeit as a penalty of One Hundred Dollars ($100.00) for each time a street is inadequately swept. No additional payment will be made for callbacks as a result of inadequate sweeping.

Section 12 – Term of Contract

The term of this contract shall not exceed five (5) years from the start date of the contract. The City shall retain the option to extend the term of the contract for an additional one (1) to five (5) years, for a possible total of ten years. Contractor performance will be documented weekly by the Street Supervisor, with deficiencies communicated to the Contractor. An annual review of contractor performance will be completed by March 31st of each year. Satisfactory performance will be achieved if annual callbacks are less than $1,000 and annual weekly sweeper log statement assessments are less than $200.

Any such renewal after the initial term shall be accomplished by the City providing a written notice of renewal to the Contractor at least 90 days prior to expiration of the term. Any such renewal shall contain the same provisions as the original contract, and a negotiated increase or decrease in compensation paid to the Contractor. Any increase or decrease in the previous contract price shall not exceed the annual percentage change in the Consumer Price Index (CPI) as of June of the year the adjustment is being made. The CPI shall be the San Francisco/Oakland/San Jose Consumer Price Index for all urban wage earners. There will be no CPI adjustment during the initial term of the agreement.

At the end of the initial twelve months of the contract period, and each anniversary thereafter for the duration of the contract, the unit prices on the Schedule of Bid Prices will be increased or decreased in direct proportion to the increase or decrease in the Consumer Price Index (CPI). The most recent CPI for June San Francisco/Oakland/San Jose area for all urban wage earners shall be used.

The City reserves the right to terminate this contract due to the failure on the part of the Contractor to perform any provisions of this contract.

Section 13 – Items and Work Not Specifically Included in a Description

Any and all items and/or work required for in Contractor to perform the scope of work and/or specifications, but not specifically included in a description or a specific bid item, shall be included by the bidder in one (1) or more of the bid items. N o special compensation will be allowed. This includes, but is not limited to, such items as flagmen, and the providing of all safety requirements or work and materials required to provide public convenience and public safety, utility coordination, barricades, lights, pedestrian walkways, damage to private property, etc.

P
rior to beginning any extra work for the project the Contractor is required to have a signed authorization form the City.

A foreman, lead worker and/or designated street sweeper operator must be on the job at all times while work is being performed, and must be able to speak and read English sufficiently to comprehend required instructions.

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Section 14 – Public Convenience and Safety
The C
ontractor shall conduct their operations so as to cause the least possible obstruction and inconvenience to public. All traffic shall be permitted to pass through the work area. The maximum working speed of the sweepers shall not exceed five miles per hour, unless it can be proven, to the satisfaction of the Street Supervisor that the sweeper can operate at a higher speed and still operate efficiently.

Sect
ion 15 – Questions
Any que
stions regarding information for bid shall be directed to City of Cupertino, Assistant Director of Public Works, Jimmy Tan, 408-777-3269.

Sect
ion 16 – Responsibility of Contractor
The C
ity assumes no responsibility whatsoever for loss or damage of equipment owned or operated by the Contractor, his agents or employees.

Sect
ion 17 – Payment
The C
ontractor shall provide the City an itemized billing by the 15th of the month for services performed in the prior month. This invoice shall include the Monthly Sweeping Log (Item 9.11).

Sect
ion 19 – Federal Acts

19.1 Clean Air Act. If the Contract is for an amount in excess of $150,000, Contractor and each Subcontractor must comply with the requirements of the Clean Air Act, as amended, (42 U.S.C. §§ 7401-7671q), which are fully incorporated into the Contract Documents by this reference, including requirements for reporting violations to the awarding agency and the applicable Regional Office for the Environmental Protection Agency. Contractor and Subcontractors must insert this requirement into subcontracts of any tier in excess of $150,000.

19.2 Federal Water Pollution Control Act. If the Contract is for an amount in excess of o f$150,000, the requirements of the Federal Water Pollution Control Act (33 U.S.C. §§ 1251- 1387) apply to this Contract and are fully incorporated into the Contract Documents by this reference, including requirements for reporting violations to the awarding agency and the applicable Regional Office for the Environmental Protection Agency requirements for reporting violations. Contractor and Subcontractors must insert this requirement into subcontracts of any tier in excess of $150,000.

19.3 Procurement of Recovered Materials. The requirements of § 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act at 42 U.S.C.§ 6962, apply to this Contract and are fully incorporated into the Contract Documents by this reference. For individual purchases of $10,000 or more, Contractor will make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired (A) competitively within the Contract schedule, (B) in conformance with Contract performance requirements, or (C) at a reasonable price.

Information on this requirement, including a list of EPA -designated items, is available at the EPA’s Comprehensive Procurement Guidelines website:
https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program.

V. Estimated Project Timeline
The contract term shall be as indicated under Section 12. 170
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B1. Streets Posted for Street Sweeping Enforcement
B2. Street Sweeping Schedule
B3. Commercial Sweeping Streets
B4. Class IV Bike Lanes
B5. Heavy Leaf Fall Sweeping
VI. Attachment B - Exhibits
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E
2ND & 4TH
MONDAY
G
2ND & 4TH

WEDNESDAY
F
2ND & 4TH

TUESDAY
E
2ND &
4TH
MONDAY
F
2ND &
4TH

TUESDAY
D
1ST & 3RD

THURSDAY
C
1ST & 3RD

WEDNESDAY
A
1ST & 3RD
MONDAY
B
2ND & 4TH

THURSDAY
G
2ND & 4TH

WEDNESDAY
H
1ST & 3RD

TUESDAY

PRUNERIDGE AVE
VISTA
DR

ARBORETUM
DR
O
RANG
E
AVE

GIANNINI DR

ALDERBRO
O
K
LN

MERRITT DR

HILLSDALE
AVE

LORNE WAY

WHEATON DR
JOHNSO
N
AVE

LAZANEO DR
PA
R IS H
PL

SCENIC BLVD

CASTINE
AVE

MA R IA
LN
PHAR
LAP
D
R

HYANNISPORT DR

CUPERTINO RD
FINCH
AVE

RA E LN

TIPTOE LN

ALCALDE RD

CHIALA LN

HUBBARD
AVE

TILSON AVE

LA MAR DR

PERIMETER
RD
VISTA
DR
RANDY
LN

TERRACE DR

FARALLO
NE
DR

SHELLY DR

SCO FIELD DR

HARLAN D R

RODRIGUES AVE

E RIN WAY BARNHART AVE

JOHN DR

ALPINE DR
RICHW

OOD DR

KIRWIN LN

CLIFFORD DR

DRAKE DRCANYON

O A K WAY FARGO DR
BO
NNY
DR
BYRNE
AVE
W
INDSO
R

ST GASCOIGNE
DR

FESTIVAL DR

ANSWORTH DR

CELESTE CIR
IM
PERIAL
AVE
VALLE

Y G REEN DR
LARK
LN

VALLCO PKWY

FALLENLEAF LN
KA

M SA CK
DR

RAIN BOW DR

BARK LN

BLUE HILL DR
OAK

VALLEY RD

CRAIG DR
RANDY
LN

BELVEDERE LN
280 FWY RAMP
M
ARY
AVE

REDWOOD DR
STE

RLING BLVD
VIA

ESPLENDO
R
CRISTO

REY DR LIN
NET
LN

SCENIC CIR
SANTA
TERESA
DR

COLUMBUS AVE
HERON
AVE

CRESTON
DR
PO
PPY
W
AY

DEODARA
DR
KENT

WOOD A VE

STAFFORD DR
NO
VEM

BER DR
W

ILKINSON
AVE

STOKES AVE

INFINITE LOOP

HYDE AVE
PO

RT OLA R D

STEVENS CREEK BLVD

BOLLINGER RD

PROSPECT RD
BLANEY
AVE
DE
ANZA
BLVD
FO
OTHILL
BLVD
DE
ANZA
BLVD

STELLING
RD

MCCLELLAN RD
M
ILLER
AVE
M
ILLER
AVE
BUBB
RD

BUBB RD

STELLING
RD

STELLING

RDREGNART RD
W
OLFE
RD
TANTAU
AVE

STEVENS
C

ANYON RD
Area SCHEDULE CURB MILES
A 1ST & 3RD MONDAY OF THE MONTH 28
B 2ND & 4TH THURSDAY OF THE MONTH 49
C 1ST & 3RD WEDNESDAY OF THE MONTH 30
D 1ST & 3RD THURSDAY OF THE MONTH 30
E 2ND & 4TH MONDAY OF THE MONTH 30
F 2ND & 4TH THUESDAY OF THE MONTH 31
G 2ND & 4TH WEDNESDAY OF THE MONTH 29
H 1ST & 3RD TUESDAY OF THE MONTH 40
TOTAL CURB MILES 267

SWEEP TWICE A MONTH

RESIDENTIAL SCHEDULE
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STEVENS CREEK

RESERVOIR
ST85

CARMEN RD

STONEHEAVENDR

PALM AVE

VOSS AVE
VIA
MAD
EROS
SANTA

LUCIARD

ENGLISH
OAK
WAY

UPLAND WAY
CHACE
DR

PUM PKIN DR

LOCKWOOD DR

BAXTER AVE

AMULET DR

METEOR DR
PHAR
LAP
DR

HYANNISPORT DR

KIMBERLY DR

SAN JUANRD
RAE LN

ALCALDE RD

GRANADA AVE

ALMADEN AVE

COLUMBUS AVE

STARLING DR

PRESIDIO DR
SILVER

OAK WAY

ROSARIO AVE

TERRACE DR

LINDAVISTADR

MILFORD DR

CASTLETON ST

FRIARSLN

PAYETTE AVE
MON

ROVIA ST

CLARKSTON
AVE

ALPINEDR

MADRONECT

CALGARY DR
W

ISTARIA LN
FIR LN
PALO
VISTA
RD

VISTAKNOLL B
LVD
CANYON
OAK
W
AY

HIBISCUS DR
FIR
LN

BARRANC
A
DR

SHATTU CK DR

ALCAZAR AVE

MEDINA LN

RAINBOW
DR

OLIVE AVE
SANTA
CLARA
AVE

BYRNE AVE

BEECHWOOD
LN

RANCHOVENTURAST

CUPERTINO RD
CRISTO
REY
DR
M
ERRIM
AN RD
ELM CT

WINDIMER DR

WRIGHT AVE
M
IRA
VISTA
AVE

D EXTER DR

LOCKHAVE
N
DR
BANFF
DR

MILLARD L N

MONTE CT
M
AN
ZANITA
CT

JUNIP ER CT

PASADENA AVE

IMPERIAL AVE

CASS PL

SANTA PAULA AVE

STEVENS PL

OAKVIEW LN
NOONAN
CT

SHANN ON C T
COR
DO
VARD

F LINTSHIRE ST

SERRAST
FLOR
EN
CE DR

POCATELLO AVE

RUCKER DR

MARSHALL CT

HOLLY OAK DR

VIA CAMIN
O
C
T

MIRAMONTE RD

MIMOSACT
VIA
ES
C

A L ERA

RUMFORD DR
SAN

LEANDRO
AVE IM
PERIAL
AVE

ST ANDREWS AVE
BAHLST

LOC KW OO D D R
M
ARY
AVE

WOODBURY DR

KARAMEOS DR

PR AD O V ISTA R DCAM IN O VISTA DR
ASPE
NDR

CA NYONVIEWCIR

RICARDO RD

SEQUOIA
DR

HARTMAN DR
LINDY
P L

PINECREST
DR

LOMITA AVE

HERMOSA AVE

DOLORES AVE

MERCEDES RD

S TONYDALE DR
NOEL
AVE

VAI AVE

BELLEVILLE
W
AY

WALLACE DR

CEDAR PL

MADERADR

MERRIMAN RD

BALBOA RD

SAMEDRA STS
M
ARY
AVE

OAK VALLEYRD
M
IRA
VISTA
RD
S

BERNARDO
AVE
280 FWY RAMP

STEVENSCREEKBLVD

STAFFORD
DR

JANICE AVE

AINSWORTH DR

YORKSHIREDR

REDWOOD DR
M
ARY
AVE

MARY AVE

REGNART
RD

VIA HUERTA

MAXINE AVE

CRESCENTRD

PENINSULA
AVE

LINDY LN
SCENIC
C
IR
SANTA
TERESA
DR

HENEY C
REEK
PL

SYCAMOREDR

CRESTONDR
C
R
ESTON
DR

LAURENTIAN
W
AY

CRANBERRY DR

DEODARADR

DEODARA DR
ANSON
AVE

WRIGHT AVE

VINEYARD DR
PALOS
VERDES
D
R

HAMMOND
WAY
AL
HAM
BRA
AVE
SCENIC
BLVD
W

ILKINSON
AVE

STOKESAVE
LINDA
VISTA
DR

WOODRIDGE CT

HILLCREST
RD

KRZICH PL

BLACK OAKWAY

KAMSACK
DR

DRYD EN AVE

NO VE M BER D R

AVENIDA LN

PENINSULAR
AVE

EDWARD WAY
LA

PAL OMA DR

STEVENS

CANYON RD

MONTEBELLO RD

ADRIANA AVE

MCCLELLAN RD

STEVENS CREEK BLVD

BUBB RD

STEVENS
CANYON
RD

RAINBOW DR

FOOTHILL BLVD

BUBB RD

BUBB RD

N FOOTHILL BLVD

STEVENS CREEK BLVD
N
FO
OTHILL
BLVD

HOMESTEAD RD

GRANT RD
2ND &
4TH
MONDAY
1ST & 3RD

TUESDAY
2ND & 4TH WEDNESDAY
2ND & 4TH

WEDNESDAY
2ND & 4TH TUESDAY
2ND & 4TH

TUESDAY
2ND &
4TH
MONDAY
Time Specific Sweepings
1-2:30 PM
10-11:30 AM
9-10:30 AM
9-11:30 AM
0 0.50.25
Miles ´

RESIDENTAL

SCHEDULE
Area Schedule Curb Miles
A 1ST & 3RD MONDAY OF THE MONTH 28
B 2ND & 4TH THURSDAY OF THE MONTH 49
C 1ST & 3RD WEDNESDAY OF THE MONTH 30
D 1ST & 3RD THURSDAY OF THE MONTH 30
E 2ND & 4TH MONDAY OF THE MONTH 30
F 2ND & 4TH TUESDAY OF THE MONTH 31
G 2ND & 4TH WEDNESDAY OF THE MONTH 29
H 1ST & 3RD TUESDAY OF THE MONTH 40
267

COMMERCIAL
SWEEPING TWICE A MONTH 43
Total Curb Miles

STREET SWEEPING SCHEDULE

FOUR TIMES A MONTH
Document Path: R:\StandardMaps\StreetSweepingScheduleMapBook\StreetSweepingSchedule11x17_West.mxd Date Printed: 11/16/16

CITY OF CUPERTINO

STREET SWEEPING SCHEDULE
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2-,
280
ST8 5

RICHWOOD DR

BLUE JAY DR

VISTA DR

GARDENSIDE
LN

TULA LN

W O OD LA R K WAY

WEYBURN LN

CLARENDON ST

ALDERBROOK LN

CY PR E SS D R

LUCILLE AVE

MERRITT DR
BEAUC
H
AM
PS
LN
PARK

CIRCLE W

BOLLINGER RD

O ROGRANDE PL

REGNARTRD

PEPPER TREE LN

ANN ARBOR AVE

ALVES DR

TERRY WAY

M CGREGOR
W
AY

WHEATON DR

HOLLYHEAD LN

AUBURN DR

PUM PKIN DR

MERRITT DR

PROSPECT RD

JO LLYM AN LN

ROLLINGDELL DR
ROBIN

DELL WAY

CASTINE AVE
NEW
BRUNSW
ICKAVE

FOREST AVE

GREENLEAF DR

SHATTUCK DR

GRANADA AVE

METEOR DR

EDSEL DR

RAINBOW D R

HYANNISPORT DR

KIMBERLY DR

CANARY DR

PA RNELL PL

W ES T H ILL L N

TIPTOE LN

RODRIGUES AVE
EDM
O
NTO
N
AVE
TUSC
AN
Y
PL
D

ANBURYDR

BARNHART PL

ALMADEN AVE

BIXBY DR

CHIALA LN

PRICE AVE

PEAR TREE L N

SOMERSET DR

GARDENA DR

PARADISEDR

OAKVILLE AVE

LA MAR DR

SCOFIELD DR

SUNRISE DR

APPLE TREE LN

BRENT DR

AMULET DR

ARLINGTON LN

PRESIDIO DR

FLORA VISTA AVE

VISTA DR
PLUM
TREE
LN

CLIFDEN
WAY
LA
R
O
D
A
DR

LOCKSUNART WAY

ROSARIO AVE

RANDY LN

TERRACE DR

PEACH TREE LN

PEACH BLOSSOM DR

MILFORD DR

LONDONDERRY DR

PACIFICA DR

SHELLY DR

CHERYL DR

ORION LN

JOHN DR

CASTLETON ST

DEVON WAY

BURNETT DR
M
ON

ROV IA ST

W RIVERSIDE WAY

WATERFORD DR
COLONY
HILLS
LN

CLARKSTON
AVE

ERIN WAY

NORMANDY WAY

HEATHERWOOD DR

SUISUN DR
ROSE
GARDEN
LN

WHEATON DR

GREE N LEAF DR

SELKIRK PL

CEDAR TREE LN

CALGARY DR

MELVIN DR

KIRWIN LN

PACIFICA DR

SQUIREWOOD WAY

LINDENBROOK LN

DERBYSHIRE DR

LILAC WAY
KIM
ST

BELKNAP DR

FARGO DR

VIA VICO

WH ITNEY WAY

BONNY DR

GARDEN GATE DR

FELTON WAY

DUNBAR DR

VIA RONCOLE

BILICH PL

GREENLEAF DR

ALCAZAR AVE

GRANAD A AVE

HAZELBROOK DR

FOLKESTONE DR

LOMITA AVE

RAINBOW DR

CRAIG CT

OLIVE AVE

HA LE P L

WESTERN DR
ALLEY
SANTA
CLARA
AVE

GLENCOE DR

GLENCOE DR

HANFORD DR

HALL CT

FIESTA LN

KODIAK CT
W
ALLIN
CT
ELM CT

SOLA ST
M ELLO
PL

WRIGHT AVE

WILD FLOWER WAY

AUGUST LN

FESTIVALDR

CORONADO DR

ANTON WAY

M AN ITA
CT

CORVETTE
DR

BERLAND CT

M ILLARD L N

ESQUIRE PL

MONTE CT

RUCKER DR

PARLETT
PL
M
INER
PL

MARTINWOOD WAY

EDDINGTON
PL

IMPERIAL AVE

BYRN E CT

D E XT ER D R

VALLEY GREEN DR

LARK LN

DE FOE DR
CH

ARSAN LN

OAK VIE W LN

N O O N AN
CT

SHANNON CT

KALISPELL CT
CAROL
LEE
DR

ACADIA CT
COLD
HARBOR
AVE

ELENDA D R

FLINTSHIRE ST

M OLTZ EN D R

WEYMOTH DR

BLUE JAY DR

DEODARA
DR

POCATELLO AVE

WESTMOOR WAY
FORT
BAKER
DR

SQUIREHILL CT
TERRA
BELLA
DR

HOLLY OAK DR

FALLENLEAF LN

LIVER P OO L W AY

CRAIG DR

LEEDS AVE
M

ANITOBA
DR

KITCHENER
DR

ONTARIO DR

SHETLAND PL

LA GRANDE DR

IMPERIAL
AVE

GALLI DR
LEW

ISTONDR

GILLICK WAY
M
ARY
AVE
STE

EPLECHASE
LN
S

TAUFFER LN

RANDY LN
KARAM
EOSDR

RAMPART AVE

BARK LN

SAICH WAY

DOLORES AVE

BLAZINGW
OOD
AVE

SAN FERNANDO AVE
DENISO
N
AVE

LOMITA AVE

TONITA WAY

HERMOSA AVE

DAVISON AVE

LONNA LNJOHN WAY

LANSDAL
E
AVE

LOUISE DR

BARK LN

PRUNE TREE LNCHERRY
TREE
LN

AVONDALE ST

GOLDEN GAT E DR

BETLIN AVE

DE LA FARGE D R

LACHINE
D R

HOLLANDERRY PL

SAMEDRA ST
C

RESTLINEDR
S
M
ARY
AVE
JAC QU
ELINE
W
AY

DARTMOOR WAY
KENNEW
ICK
D
R

KINTYRE
WAY
NOEL
AVE

RUMFORD DR

BUCKTHORNE WAY

STANFORD PL

NEWCASTLE DR

NORWICH AVE

PHYLLIS AVE
GREN O
LADR

VAI AVE

SILVERADO AVE

LA CONNER DR

PINEVILLE
AVE

AVONDALE ST

HUNTERSTON PL

ORANGE BLOSSOM DR

LARRY WAYRANDY LN
PERIM
ETER
RD

BEARDON DR

KINGSBURY PL

GLENVIEW AVE

YORKSHIR
E
DR
S
BLANEY
AVE

MARY AVE

ELMSFORD DR

SHARON DR

WESTACRES DR

UPLAND W
AY

COLUMBUS AVE

LINNET LN
S
PORTAL
AVE

PENINSULA
AVE
ALHAM
BRA
AVE

CHRISTENSEN DR
LINDY
LN

CLAY ST
W
ESTLYN
N
W
AY
SEPTEM
BER
D
R
SANTA
TERESA
DR
W

RIVERSIDEWAY

SCOTLAND DR

ROSE BLOSSOM DR
HERO
N
AVE
BETTE
AVE
PO
PPY
W
AY

FARALLONE DR
LAUR
ENTIAN
W
AY

CRANBERRY DR

DEMPSTER
AVE
PRIM
RO
SE
W

AY WINDSOR WAY

KENTWOOD AVE
BAY
W
OOD DR

VICKSBURG DR
ANSON
AVE
ARLING
TON
LN

WRIGHT AVE

STAFFORD DR
ASTER
LN

JAMES TOWN DR

COTTONW
OOD
DR
NOVEM
BER
DR

DRAKE DR
PALO
S
VE
RD
ES
DR
LANCER
DR
W

ILKINSO
N
AVE

STOKESAVE

WINDSOR ST

CREEKLINE DR

ROD RIGUES AVE

MYER PL
FO
RGE
WAY

BAN F F D R
BR
O
O
KW
ELL DR

LILYAVE

BANDLEY DR
BAN
DLEY
DR

KAMSACK
DR

KRZICH PL

LAURETTA DR

DUMAS DR

FRANCO CT

D O NEGAL DR

W ESTATES DR

MILKY WAY

EDWARD WAY
C
YNTHIA
LN
NORAN
DA
DR
M
ARIA
LN

CALABAZAS CR EEK CIR

BROOKVALE
DR

BELVEDERELN

ADRIANA AVE

BOLLINGER RD

PROSPECT RD
S
BLANEY
AVE

RAINBOW DR

MCCLELLAN RD

BOLLINGER RD

BUBB RD

S STELLING RD
S

STELLING
RD

S STELLING RD
N
BLANEY
AVE

BUBB RD

BUBB RD

S STELLING RD
N
BLANEY
AVE

N STELLING RD

STEVENS CREEK BLVD

PROSPECT RD

N STELLING RD

HOLLENBE CK AVE

N STELLING RD
N
DE
ANZA
BLVD

HOMESTEAD RD
S
DE
ANZA
BLVD

STEVENS CREEK BLVD
S
DE
ANZA
BLVD
S
DE
ANZA
BLVD
N
DE
ANZA
BLVD
S
DE
ANZA
BLVD
STEVENS CREEK BLVDSTEVENS CREEK BLVD 2ND & 4TH THURSDAY 1ST & 3RD

WEDNESDAY
1ST & 3RD
MONDAY
1ST & 3RD TUESDAY
2ND & 4TH WEDNESDAY
2ND & 4TH WEDNESDAY
2ND & 4TH

TUESDAY
2ND & 4TH

TUESDAY
2ND & 4TH MONDAY
2ND & 4TH
MONDAY
1ST & 3RD

THURSDAY
Time Specific Sweepings
1-2:30 PM
10-11:30 AM
9-10:30 AM
9-11:30 AM
0 0.50.25
Miles ´

RESIDENTAL

SCHEDULE
Area Schedule Curb Miles
A 1ST & 3RD MONDAY OF THE MONTH 28
B 2ND & 4TH THURSDAY OF THE MONTH 49
C 1ST & 3RD WEDNESDAY OF THE MONTH 30
D 1ST & 3RD THURSDAY OF THE MONTH 30
E 2ND & 4TH MONDAY OF THE MONTH 30
F 2ND & 4TH TUESDAY OF THE MONTH 31
G 2ND & 4TH WEDNESDAY OF THE MONTH 29
H 1ST & 3RD TUESDAY OF THE MONTH 40
267

COMMERCIAL
SWEEPING TWICE A MONTH 43
Total Curb Miles

STREET SWEEPING SCHEDULE

FOUR TIMES A MONTH
Document Path: R:\StandardMaps\StreetSweepingScheduleMapBook\StreetSweepingSchedule11x17_Central.mxd Date Printed: 12/13/17

CITY OF CUPERTINO

STREET SWEEPING SCHEDULE
175
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BLUE JAY DR

VISTA DR

GIANNINI DR

GIANNINIDR

WEYBURN LN

TUGGLE AVE

CLARENDON ST

ALDERBROOK LN

CYPRESS DR

LUCILLE AVE

MERRITT DR

QUAIL AVE

HILLSDALE
AVE
LA
HERRAN
DR

LORNE WAY

CARLYSLE AVE
E

ESTATES
DR

MEADOW AVE

WHEATON DR

AUBURN DR

JOHNSON
AVE
M
O
RENGO
DR

MERRITT DR

LOCKSUNART W A Y

LANGPORT DR

FOREST AVE

JOHNSON AVE

ATHERWOOD AVE

RAINBOW DR

RODRIGUES AVE

DE SOTO AVE

SULLIVAN DR

FINCH AVE

CANARY DR

SCOFIELD DR

PARNELL PL

DANBURY
DR

PENDERGAST AVE

BIXBY DR

CHIALA LN

PRICE AVE

PEAR TREE LN

MEIGGS LN

SOMERSET DR

HUBBARD
AVE

TILSON AVEOAKVILLE
AVE

LA MAR DR

HILLSDALE
AVE

LA SALLE AVE
M
O

NTCLAIR

DRAPPLE TREE LN

CANDLEWOOD DR

KIMBERLY ST
W

UNDERLICH
DR

BRENT DR

ARLINGTON LN

VISTA DR
PLUM
TREE
LN

CLIFDENWAY

ANCOCK DR

RANDY LN

PEACH TREE LN

LONDONDERRY DR

P ACIFICA DR

CALVERT DR

JOHN DR

OAKTREE
DR

MORETTI DR

WHITEOAK DR

W RIVERSIDE WAY

HARLAN DR

EDSEL DR

CALLE DE BARCELONA

SHADYGROVE DR

BARNHART A VE

RANDOLPH AVE

JOHN DR

NEWSOM AVE

SUISUN DR

GALLI CT

RICHWOOD DR

TOMPKINS DR

W HEA TON DR

SW ALLOW DR

SELKIRK PL

CULBERTSONDR

CEDAR TREE LN

MELVIN DR

PACIFICA DR

LINDENBROOK LN

NEWSOM AVE

GREENOAK DR

VIA VICO
W
HITNEY
W
AY

MURIEL LN

ANNE LN

RIEDEL PLBILICH PL
LOW
ELL
DR

TWIG LN

MINETTEDR

MYRTLEWOOD DR
ALLEY

HUNTINGTON DR

HALL CT

JOHANSEN
DR

MILLER A VE

CODY CT

STENDHAL LN

LAMBETH CT

RUNO CT
MELLO
PL

KILLDEER
CT

LOR EE AVE

TWILIGHT CT

CORONADO DR

KIRWIN LN

NARCISO CT

CORVETTE
DR

RALY A CT

PARLETT
PL

STARRETT CT

MINER PL

HUNTER WAY

MASON WAY

MARIANI
D
R

LARK LN

ALVES DR
CARO
LLEE
DR
DAW
SON
DR
COLD
HARBOR
AVE

CRABTREE AVE

BALDWIN DR

SORENSON AVE

BLUE JA Y DR

DEODARA
DR
M

ACKENZIE
DR

WESTMOOR WAY

VALLEYGRE EN DR

LA CONNER DR

KINTYREWAY

CARVERDR

LIVERPOOL WAY
LINDSA
Y
AVE

BUCKTHORNE WAY

MAGELLAN A VE

SHETLAND PL

CRAFTDR

GALLI DR

CALABAZASCIR
VILLA
DE
ANZA
AV
E

GILLICK WAY

SHASTA DR

RANDY LN

RAMPART AVE

BARK LN

TULIPAN DR

BLAZINGW
OOD
AVE
DENISO
N
AVE

DAVISON AVE

HUBBARD
AVE

LANSDALE
AVE

BARK LN

MELODY LN

PRUNE TREE LNCHERRY
TREE
LN

HANNA DR

A VONDALE ST

GOLDEN GATE DR

HUDSONDR

BETLIN AVE

JAC QUELINE
W
AY

FERNGROVE DRBROOKGROVE LN

MARTIN A VE

ARATA WAY

TILSON A VE

NORWICH AVE

PHYLLIS AVE

BENTOAK
LN

JUDY A VEBRET AVE

SILVERADO AVE

PINEVILLE AVE

A VONDALE ST

CRAIG DR AMAPOLA DR

CASTANO DR

LARRY WAYRANDY LN

PERIMETER RD

VICKSBURG DR

GLENVIEW A VE

BLANEY A VE

STERLING
BLVD

LINNET LN
S
PO
RTAL
AVE

WUNDERLICH DR

HOWARD DR

CLA Y ST
W

RIVERSIDE WAY

BIGOAK DR
HERON
AVE

BETTEAVEFARALLONE DR
BAY
WOODDR

ARLINGTON
LN

DRAKE DR
LANCER
DR

WINDSOR ST

WINDSOR ST

HYDE AVE

RODRIGUES AVE

MYER PL
CO
TTONW
OOD
D
R

OLMO CT

MARTINWOOD WAY
BRO

OKWELL DR

HYDE A VE

HYDEAVE

W ESTATES DR

CYNTHIA
LN

MEADOWLARK LN

BELVEDERELN

PROUTY WAY

BOLLINGER RD
S
BLANEY
AVE

BOLLINGER RD
S
TANTAU
AVE

PRUNERIDGE AVE
BLANEY
AVE

BOLLINGER RD

PRUNERIDGE
AVE
N
BLANEY
AVE
N
BLANEY
AVE
N
TANTAU
AVE

MILLER AVE
M
ILLER

AVE MILLER
AVE

HOMESTEAD RD
N
DE
ANZA
BLVD
S
DE
ANZA
BLVD
S
DE
ANZA
BLVD
N
DE
ANZA
BLVD
N
DE
ANZA
BLVD

STEVENS CREEK BLVD

STEVENS CREEK BLVD
S
DE
ANZA
BLVD

S WOLFE RD

N WOLFE RD
1ST & 3RD WEDNESDAY
1ST & 3RD
MONDAY
2ND & 4TH

THURSDAY
2ND & 4TH

WEDNESDAY
2ND & 4TH WEDNESDAY
1ST & 3RD THURSDAY
Time Specific Sweepings
1-2:30 PM
10-11:30 AM
9-10:30 AM
9-11:30 AM
0 0.50.25
Miles

RESIDENTAL

SCHEDULE
Area Schedule Curb Miles
A 1ST & 3RD MONDAY OF THE MONTH 28
B 2ND & 4TH THURSDAY OF THE MONTH 49
C 1ST & 3RD WEDNESDAY OF THE MONTH 30
D 1ST & 3RD THURSDAY OF THE MONTH 30
E 2ND & 4TH MONDAY OF THE MONTH 30
F 2ND & 4TH TUESDAY OF THE MONTH 31
G 2ND & 4TH WEDNESDAY OF THE MONTH 29
H 1ST & 3RD TUESDAY OF THE MONTH 40
267

COMMERCIAL
SWEEPING TWICE A MONTH 43
Total Curb Miles

STREET SWEEPING SCHEDULE

FOUR TIMES A MONTH
Document Path: R:\StandardMaps\StreetSweepingScheduleMapBook\StreetSweepingSchedule11x17_East.mxd Date Printed: 06/20/17

CITY OF CUPERTINO

STREET SWEEPING SCHEDULE
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Cupertino Commercial Sweeping Streets
Street Name From To Day Swept
N. Foothill Blvd. Stevens Creek Blvd. Starling Dr./Cristo Rey Dr. (North City Limit) Mon. AM Bubb Road Stevens Creek Blvd. McClellan Rd. Mon. AM
Stevens Creek Blvd. 150' west of Ridgeway Dr. (West City Limit) Hwy  85 Bridge Mon. AM N. Stelling Rd. Stevens Creek Blvd. Homestead Rd. (North City Limit) Wed. AM Stevens Creek Blvd. Hwy 85 Bridge Stern Ave. (East City Limit) Wed. AM Mary Ave.

Stevens Creek Blvd. Meteor Dr. Wed. AM
Wolfe Road Stevens Creek Blvd. Homestead Rd. (North City Limit) Thurs. AM Vallco Parkway Wolfe Road N. Tantau Ave. Thurs. AM
N. Tantau Ave. Stevens Creek Blvd. Homestead Rd. (North City Limit) Thurs. AM Homestead Road (South Side) Foothill Crossing Shopping Center Traffic Signal (West City Limit) Bernardo Ave. (Hwy 85 Bridge) Thurs. AM Homestead Road (South Side)
Mary Ave. Swallow Dr. (East City Limit) Thurs. AM
Pruneridge Ave. Wolfe Road East & West Sections Thurs. AM Saich Way Stevens Creek Blvd. Alves Dr. Wed. AM
Bandley Dr. Stevens Creek Blvd. Valley Green Dr. Wed. AM Valley Green Dr. N. De Anza Blvd.  Beardon Dr. Wed. AM
Alves Dr. N. De Anza Blvd. Saich Way Wed. AM
Lazaneo Dr. N. De Anza Blvd. Bandley Dr. Wed. AM
Mariani Ave. Bandley Dr. East Dead End Wed. AM
N. & S. De Anza Blvd. Bollinger  Road Homestead Rd. (North City Limit) Wed. AM S. De Anza Blvd. (West Side) South  Bound City Limit @ Hwy 85 Prospect Rd. Wed. AM Torre Ave. Stevens Creek Blvd. Pacifica Ave. Wed. AM
Rodrigues Ave. De Anza Blvd. Torre Ave. Wed. AM
Pacifica Ave. De Anza Blvd. Torre Ave. Wed. AM
Centerline medians and turn pockets are to be included. Sweeping Hours 12am to 5am Rev. 11/1/24 177
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178
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Bike Lane Street Sweeping
Existing Bike Lanes
Street Name From To
NB/EB,
feet
SB/WB,
feet
Total
Length, ft Day Swept Projected  Year
Bubb Rd. Stevens Creek Blvd. McClellan Rd. 1950 1650 3600 1st/3rd Tues. Existing McClellan Rd. S.  Stelling Rd. Imperial Ave.  3200 3300 6500 1st/3rd Tues. Existing Stevens Creek Blvd. Miller  Ave./Wolfe Rd. Tantau Ave.  1800 1900 3700 2nd/4th Tues. Existing McClellan Rd. De  Anza Blvd S. Stelling Rd. 2500 2500 5000 2nd/4th Tues. Existing Pacifica Ave.  De Anza Blvd Torre Ave. 800 750 1550 2nd/4th Tues. Existing Mary Ave. Stevens Creek Blvd. Meteor Dr. 3000 3400 6400 2nd/4th Tues. Existing Bubb Rd. West Side Hyannisport  Dr. Rosario Ave. 0 900 900 2nd/4th Wed. Existing Total Length (ft) 27650
Total Length (miles) 5.24
Sweeping twice a month (miles per month) 10.47
Future Bike Lanes
Stevens Creek Blvd. Miller  Ave./Wolfe Rd. De Anza Blvd 5100 5100 10200 TBD 2025 Stevens Creek Blvd. De  Anza Blvd Hwy 85 4800 4800 9600 TBD 2025 Stevens Creek Blvd. Hwy 85 Foothill Blvd. 5100 5100 10200 TBD 2027 179
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BIKE LANE PICTURES
The following are pictures of some of the bike lanes that have been constructed in the City. The Contractor is responsible for verifying the locaƟons and width of the bike lanes prior to submiƫng the proposal.

Stevens Creek Boulevard

McClellan Road                                                    Northbound Bubb Road 180
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East Estates Area East Estates Area Rancho Rinconada Area Vallco Area ALDERBROOK LN RODRIGUES AVE ARATA WAY HOMESTEAD RD
ALDERBROOK WAY S BLANEY AVE BARNHART AVE N TANTAU AVE
ATHERWOOD AVE S  PORTAL AVE BARNHART CT N WOLFE RD
AVOCADO PL STEVENS CREEK BLVD BRET  AVE PRUNERIDGE AVE
BETLIN AVE VICKSBURG CT CALVERT DR STEVENS CREEK BLVD
BETTE AVE VICKSBURG DR CARVER DR VALLCO PKWY
BIXBY DR W ESTATES DR CRABTREE AVE
BLACKWOOD DR WILLOWBROOK WAY CULBERTSON DR
BLAZINGWOOD AVE WINTERGREEN DR CYNTHIA AVE
BRENDA CT GASCOIGNE DR
BRENT DR HANNA DR
BROOKWELL DR HUNTER WAY
CANDLEWOOD CT JOHANSEN
DR
CANDLEWOOD DR JOHNSON AVE
CLIFFORD CT JUDY AVE
CLIFFORD DR LOREE AVE
COLD HARBOR AVE MEDICUS CT
COTTONWOOD CT MEIGGS LN
COTTONWOOD DR MENHART LN
DAVISON AVE MINETTE DR
DEEPROSE PL MINETTE PL
E ESTATES DR MORENGO DR
GLENVIEW AVE MORETTI DR
GREENWOOD CT NEWSOM AVE
HALL CT PENDERGAST AVE
HOWARD CT PRING CT
JOHN DR RALYA CT
LA MAR CT RUNO CT
LA MAR DR S TANTAU AVE
LANCER DR STARRETT CT
LANSDALE AVE STERLING BLVD
LINDA
ANN PL STERN AVE
LINDENBROOK LN STEVENS CREEK BLVD
LINDSAY AVE SUTTON PARK PL
MALVERN CT TILSON AVE
MELLO PL TUGGLE AVE
MILLER AVE TUGGLE PL
MYRTLEWOOD DR WUNDERLICH DR
OAKVILLE AVE
PARKSIDE LN
PINEVILLE AVE
PRICE AVE
RAMPART AVE
RICHWOOD DR

HEAVY LEAF FALL SEASON AREAS TO BE SWEPT
181
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ROLLINGDELL DR

VISTA DR

GARDENSIDELN

WEYBURN LN

CLARENDON ST

ALDERBROOK LN

PHIL LN

MERRITT DR

KENTWOOD AVE
E

ESTATESDR

TERRY WAY

WHEATON DR

AUBURN DR

SHADYGROVE DR

MERRITT DR

KIRWIN LN

ALVES DR

FOREST AVE

GREENLEAF DR
LAS
O
NDAS
W
AY

ATHERWOOD AVE

RAINBOW DR

BOLLINGER RD
TORRE
AVE

FINCH AVE
TON
I
CT

VISTA CT

RODRIGUES AVE

LEOLA CT

CLEO AV E

DANBURY
DR

BIXBY DR

CHIALA LN

PINOLE C T

PRICE AVE

PEAR TREE LN

PARADISE
DR

OAKVILLE AVE

LA MAR DR

SCOFIELD DR

SUNRISE DR

APPLE TREE LN

CANDLEWOOD DR

BRENT DR

ARLINGTON LN

CALI AVE

VISTA DR

PLUM TREE LN

CLIFDENWAY
LA
RO
DA
DR

RANDY LN

PEACH TREE LN

BRITT ANY CT

PACIFICA DR

JOHN DR

GREENWOOD DR

DISNEY LN

W RIVERSIDE WAY

EDSEL DR

CALLE DE BARCELONA

JOHN DR

SUISUN DR

GALLI CT

RICHWOOD DR

WHEATON DR

CHERYL D R

MELVIN DR

PACIFICA DR

CHAVOYA DR

LINDENBROOK LN

LANCER DR

NANCY CT

BLOSSOM LN

VIA VICO

WHITNEY WAY

FELTON WAY

KINTYRE WAY

LAR R Y W AY

RIEDEL PLBILICH PL

RANDY LN

CRAIG CT
ALLEY

STANFORD PL

TIPTOE LN

ANTOINETTE DR

ANNETTE WAY

HALL CT

MILLER AVE

STENDHAL LN
DRAKE
DR

CYPRESS DR

TWILIGHT CT

FALLENLEAF LN

HEATHERWOOD DR

CORONADO DR

CORVETTE DR

BLACKWOOD DR
DEO
DARA
DR

VIRGINIA
SW
AN
PL

PARLETT
PL

MINER PL

MASONWAY
HO W
ARD CT
CAROL
LEE
DR
H
YDE
AVE
COLD
HARBOR
AVE

POPPY WAY

W IN T ER G RE EN DR

SORENSON AVE

LONGFELLOW
WAY

SHELLY DR

WESTMOOR WAY

LINDSAY
AVE

CRAFTDR

GALLI DR

GILLICK WAY

BLUE HILL DR
STEE

PLECHASE
LN

RANDY LN

RAMPART AVE

BARK LN

DENISON
AVE
CO
LBY
AVE

DAVISON AVE

JOHN WAY

BARK LN

PRUNE TREE LNCHERRY
TREE
LN

AVONDALE ST

GOLDEN GATE DR

BETLIN AVE
JACQ
UELINE
W
AY

NORWICH AVE

PHYLLIS AVE

SILVERADO AVE

PINEVILLE AVE

AVONDALE ST

CRAIG DR

HYDE AVE

PERIMETER RD

MARIANI AVE

VICKSBURG DR

GLENVIEW AVE

P ARKSIDE LN
S
PO
RTAL
AVE

CLAY ST
W

ESTLYNN
W
AY

W ILL C T
W

RIVERSIDE WAY
N
PORTAL
AVE

BETTEAVE

FARALLONE DR

FARALLONE DR

BAYWOOD DR

ARLINGTONLN

BANDLEY DR
LANCER
DR

MYRTLEWOOD DR

WINDSOR ST

WINDSOR ST

HYDE AVE

RODRIGUES AVE

MYER PL

MELLO PL

PARK C IR CLE E
CO
TTONW
OOD
DR

MARTINWOOD WAY
BRO
OKW
ELLDR

BLAZINGWOOD AVE

LANSDALE AVE

W ESTATES DR

CYNTHIA
LN

BELVEDERE LN

BOLLINGER RD
S
BLANEY
AVE

MCCLELLAN RD

BOLLINGER RD

RAINBOW DR
N
BLANEY
AVE

BOLLINGER RD
BLANEY

AVEBLANEY AVE

MILLER AVE

MILLER AVE

MILLER AVE
MILLER
AVE

STEVENS CREEK BLVD

STEVENS CREEK BLVD
S
DE
ANZA
BLVD
S
DE
ANZA
BLVD

N WOLFE RDN WOLFE RD
N
DE
ANZA
BLVD
N
DE
ANZA
BLVD
S
DE
ANZA
BLVD
East Estates Rancho Rinconada Vallco
0 0.50.25
Miles
´
Document Path: R:\StandardMaps\HeavyLeafFallAreas\HeavyLeafFall_Eestates.mxd Date Printed: 10/28/16

CITY OF CUPERTINO
HEAVY LEAF FALL SWEEPING - EAST ESTATES AREA 182
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PHIL LN

SHADYGROVE DR

JOHNSON AVE

TUGGLE AVE

JOHNSON
AVE

MINETTE PL
M
ORENGO
DR

LOREEAVE

PRING CT

STRA YER DR

FINCH AVE
TUGG
LE
PL

PENDERGAST AVE

MEIGGS LN

TILSON AVE

KIMBERLY ST
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SULLIVAN DR

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ESTATES
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MEADOW AVE

HERON AVE

FINCH AVE

LARK LN

PARNELL PL

NIGHT IN GALE AVE PEACOCK AVE

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CRAFT DR STERN AVEBRET AVEJUDY AVE

PERIMETER RD

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HOWARD DR

RICHWOOD CT
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TANTAU
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MILLER AVEMILLER AVE
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STEVENS CREEK BLVD

STEVENS CREEK BLVD

S WOLFE RD

STEVENS CREEK BLVD

N WOLFE RD

N WOLFE RD
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Attachment B
RESOLUTION NO. ________

A RESOLUTION OF THE CUPERTINO CITY COUNCIL

APPROVING A BUDGET MODIFICATION AND TRANSFER FROM

RESOURCE RECOVERY FUND AND ENVIRONMENTAL

MANAGEMENT/CLEAN CREEK/STORM DRAIN FUND FOR THE STREET

SWEEPING MAINTENANCE

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 amen ded appropriations, and therefore recommends the fund reallocations described herein.

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

PASSED AND ADOPTED at a special meeting of the City Council of the City of Cupertino this 4th day of September 2024, by the following vote:

Members of the City Council

AYES:

NOES:

ABSENT:

ABSTAIN:

SIGNED:

________

________________________
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Resolution No. __________
Sheila Mohan, Mayor
City of Cupertino

Date
ATTEST:

________
Kirsten Squarcia, City Clerk

________________________
Date

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Resolution No. __________

Exhibit A

Fund Revenue Expenditure (Use of) Fund
Balance
Resource Recovery
Fund (520)
$0 $20,545 ($20,545)
Environmental
Management/Clean
Creek/Storm Drain
Fund (230)
$0 $20,545 ($20,545)
TOTAL $0 $41,090 ($41,090)

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CITY OF CUPERTINO
Agenda Item
24-13153 Agenda Date: 9/4/2024
Agenda #: 13.

Subject: Award of a construction contract for the 2024 Concrete Reconstruction Project to Duran Construction Group for removal and replacement of concrete curbs, gutters, sidewalks, and pedestrian ramps in the amount of $1,586,842

1. Award a construction contract for the 2024 Concrete Reconstruction Project (project number 2024- 103) in the amount of $1,586,842 to Duran Construction Group;

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

3. Authorize the Director of Public Works to execute any necessary change orders up to a construction contingency amount of $158,684 (10%) for a total contract amount of $1,745,526 CITY OF CUPERTINO Printed on 8/28/2024Page 1 of 1
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CITY COUNCIL STAFF REPORT
Meeting: September 4, 2024

Subject
Award a construction contract for the 2024 Concrete Reconstruction Project to Duran Construction Group for removal and replacement of concrete curbs, gutters, sidewalks, and pedestrian ramps in the amount of $1,586,842.

Recommended Action
1) Award a construction contract for the 2024 Concrete Reconstruction Project (project number 2024-103) in the amount of $1,586,842 to Duran Construction Group;
2) Authorize the City Manager to execute the construction contract when all conditions have been met; and
3) Authorize the Director of Public Works to execute any necessary change orders up to a construction contingency amount of $158,684 (10%) for a total contract amount of $1,745,526.

Reasons for Recommendation
On May 10, the City of Cupertino advertised the 2024 Concrete Reconstruction Project.

This project consists of the removal and replacement of concrete curbs, gutters, sidewalks, and pedestrian ramps. On July 25, the City received the following responsive bids:

Bidder Bid Amount
Engineers Estimate $1,550,000
Duran Construction Group $1,586,842
Spencon Construction Group $1,656,600
JJR Construction $1,828,559

The Public Works Department reviewed all bids for completeness and found Duran Construction Group’s documents complete. It was confirmed that the contractor’s experience and qualifications were responsive, and staff determined the bid to be the lowest responsive and responsible bid per the Instruction to Bidders and Cupertino Municipal Code. Therefore, staff recommends awarding a construction contract to 189
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Duran Construction Group for the contract amount of $1,586,842, including a 10% construction contingency in the amount of $158,684 for a total contract amount not to exceed $1,745,526. Construction contingency allows for unforeseen conditions and is a typical contracting best practice.

A draft construction contract is included as Attachment A while the full project specifications can be found on the City’s Business Opportunities website at https://apps.cupertino.org/bidmanagement/index.aspx.

Sustainability Impact
Maintaining and preserving the local streets and roadway systems reduces drive time and traffic congestion, improves bicycle safety, and creates a safer and more appealing pedestrian experience. This leads to reduced vehicle emissions, helping the City achieve air quality and greenhouse gas emission reduction goals.

Fiscal Impact
The City cancelled the 2023 Concrete Reconstruction project, and therefore had project savings of $644,000. Additionally, there was an unencumbered balance of $1.488 million at the end of Fiscal Year 2023-24. These funds have been rolled over into the 2025 Annual Sidewalks, Curb and Gutter budget (budget unit 270-85-820 750-020). With the 2025 Concrete Reconstruction budget of $632,000 and the roll over funds from 2024, the resulting total amended budget for 2025 is $ 2,764,000.

Award of this contract will result in a fiscal impact of up to $1,745,526. Sufficient funds are budgeted in 270-85-820 750 020 (Special Projects Annual Sidewalk Curb & Gutter).

No additional appropriations are needed.

California Environmental Quality Act (CEQA)
This project is exempt under CEQA Guidelines Sections 15301(c) (repair and maintenance of existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities).
_____________________________________

Prepared by: Jo Anne Johnson, Project Manager
Reviewed by: Chad Mosley, Director of Public Works
Approved for Submission by: Pamela Wu, City Manager

Attachments:

A – Draft Contract

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2024 Concrete Reconstruction Project 2021 Form CONTRACT 2024-103 Page 21
Contract
This public works contract (“Contract”) is entered into by and between City of Cupertino (“City”) and Duran Construction Group (“Contractor”), for work on the 2024 Concrete Reconstruction Project (“Project”).

The parties agree as follows:

1. Award of Contract. In response to the Notice Inviting Bids, Contractor has submitted a Bid Proposal to perform the Work to construct the Project. On September 4, 2024, City authorized award of this Contract to Contractor for the amount set forth in Section 4, below.

2. Contract Documents. The Contract Documents incorporated into this Contract include and are comprised of all of the documents listed below. The definitions provided in Article 1 of the General Conditions apply to all of the Contract Documents, including this Contract.

2.1 Notice Inviting Bids;

2.2 Instructions to Bidders;

2.3 Addenda, if any;

2.4 Bid Proposal and attachments thereto;

2.5 Contract;

2.6 Payment and Performance Bonds;

2.7 General Conditions;

2.8 Special Conditions;

2.9 Project Plans and Specifications;

2.10 Change Orders, if any;

2.11 Notice of Potential Award;

2.12 Notice to Proceed; and

2.13 The following: Traffic Control Specifications, City Standard Details, Caltrans Standard Details, Truck Traffic Restriction Map

3. Contractor’s Obligations. Contractor will perform all of the Work required for the Project, as specified in the Contract Documents. Contractor must provide, furnish, and supply all things necessary and incidental for the timely performance and completion of the Work, including all necessary labor, materials, supplies, tools, equipment, transportation, onsite facilities, and utilities, unless otherwise specified in the Contract Documents. Contractor must use its best efforts to diligently prosecute and complete the Work in a professional and expeditious manner and to meet or exceed the performance standards required by the Contract Documents. Contractor agrees to carry out its work in compliance with any applicable local, State or Federal order regarding COVID-19.

4. Payment. As full and complete compensation for Contractor’s timely performance and completion of the Work in strict accordance with the terms and conditions of the Contract Documents, City will pay Contractor $1,586,842 (“Contract Price”) for all of Contractor’s direct and indirect costs to perform the Work, including all labor, materials, supplies, equipment, taxes, insurance, bonds and all overhead costs, in accordance with the payment provisions in the General Conditions.

5. Time for Completion. Contractor will fully complete the Work for the Project, meeting all requirements for Final Completion, within 160 calendar days from the commencement date given in the Notice to Proceed (“Contract Time”). By signing below, Contractor expressly waives any claim for delayed early completion.

ATTACHMENT A
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2024 Concrete Reconstruction Project 2021 Form CONTRACT 2024-103 Page 22

6. Liquidated Damages. If Contractor fails to complete the Work within the Contract Time, City will assess liquidated damages in the amount of $1,000 per day for each day of unexcused delay in achieving Final Completion, and such liquidated damages may be deducted from City’s payments due or to become due to Contractor under this Contract.

7. Labor Code Compliance.

7.1 General. This Contract is subject to all applicable requirements of Chapter 1 of Part 7 of Division 2 of the Labor Code, including requirements pertaining to wages, working hours and workers’ compensation insurance, as further specified in Article 9 of the General Conditions.

7.2 Prevailing Wages. This Project is subject to the prevailing wage requirements applicable to the locality in which the Work is to be performed for each craft, classification or type of worker needed to perform the Work, including employer payments for health and welfare, pension, vacation, apprenticeship and similar purposes. Copies of these prevailing rates are available online at http://www.dir.ca.gov/DLSR.

7.3 DIR Registration. City may not enter into the Contract with a bidder without proof that the bidder and its Subcontractors are registered with the California Department of Industrial Relations to perform public work pursuant to Labor Code § 1725.5, subject to limited legal exceptions.

8. Workers’ Compensation Certification. Pursuant to Labor Code § 1861, by signing this Contract, Contractor certifies as follows: “I am aware of the provisions of Labor Code § 3700 which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the Work on this Contract.”

9. Conflicts of Interest. Contractor, its employees, Subcontractors and agents, may not have, maintain or acquire a conflict of interest in relation to this Contract in violation of any City ordinance or requirement, or in violation of any California law, including Government Code § 1090 et seq., or the Political Reform Act, as set forth in Government Code § 81000 et seq. and its accompanying regulations. Any violation of this Section constitutes a material breach of the Contract.

10. Independent Contractor. Contractor is an independent contractor under this Contract and will have control of the Work and the means and methods by which it is performed. Contractor and its Subcontractors are not employees of City and are not entitled to participate in any health, retirement, or any other employee benefits from City.

11. Notice. Any notice, billing, or payment required by or pursuant to the Contract Documents must be made in writing, signed, dated and sent to the other party by personal delivery, U.S. Mail, a reliable overnight delivery service, or by email as a PDF file. Notice is deemed effective upon delivery, except that service by U.S. Mail is deemed effective on the second working day after deposit for delivery. Notice for each party must be given as follows:

City:

Department of Public Works
10300 Torre Ave
Cupertino, CA 95014
Attn: Jo Anne Johnson
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2024 Concrete Reconstruction Project 2021 Form CONTRACT 2024-103 Page 23
[email protected]
Copy to: PWInvoices
[email protected]
Contractor:

Name:_____________________________________
Address:___________________________________
City/State/Zip:_______________________________
Phone:_____________________________________
Attn:_______________________________________
Email:______________________________________
Copy to:____________________________________

12. General Provisions.

12.1 Assignment and Successors. Contractor may not assign its rights or obligations under this Contract, in part or in whole, without City’s written consent. This Contract is binding on Contractor’s and City’s lawful heirs, successors and permitted assigns.

12.2 Third Party Beneficiaries. There are no intended third party beneficiaries to this Contract.

12.3 Governing Law and Venue. This Contract will be governed by California law and venue will be in the Santa Clara County Superior Court, and no other place.

Contractor waives any right it may have pursuant to Code of Civil Procedure § 394, to file a motion to transfer any action arising from or relating to this Contract to a venue outside of Santa Clara County, California.

12.4 Amendment. No amendment or modification of this Contract will be binding unless it is in a writing duly authorized and signed by the parties to this Contract.

12.5 Integration. This Contract and the Contract Documents incorporated herein, including authorized amendments or Change Orders thereto, constitute the final, complete, and exclusive terms of the agreement between City and Contractor.

12.6 Severability. If any provision of the Contract Documents is determined to be illegal, invalid, or unenforceable, in whole or in part, the remaining provisions of the Contract Documents will remain in full force and effect.

12.7 Iran Contracting Act. If the Contract Price exceeds $1,000,000, Contractor certifies, by signing below, that it is not identified on a list created under the Iran Contracting Act, Public Contract Code § 2200 et seq. (the “Act”), as a person engaging in investment activities in Iran, as defined in the Act, or is otherwise expressly exempt under the Act.

12.8 Authorization. Each individual signing below warrants that he or she is authorized to do so by the party that he or she represents, and that this Contract is legally binding on that party. If Contractor is a corporation, signatures from two officers of the corporation are required pursuant to California Corporation Code § 313. 193
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2024 Concrete Reconstruction Project 2021 Form CONTRACT 2024-103 Page 24
The parties agree to this Contract as witnessed by the signatures below:

CITY: Approved as to form:
s/_______________________________ s/__________________________________ ________________________________ ___________________________________ Name, Title Name, Title
Date: ___________________________ Date: ______________________________ Attest:
s/_______________________________
_________________________________
Name, Title
Date: ___________________________
CONTRACTOR: ___________________________________________________ Business Name
s/_______________________________ Seal:
_________________________________
Name, Title
Date: ____________________________
Second Signature (See Section 12.8):
s/_______________________________
_________________________________
Name, Title
Date: ____________________________
___________________________________________________
Contractor’s California License Number(s) and Expiration Date(s)

END OF CONTRACT
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CITY OF CUPERTINO
Agenda Item
24-13287 Agenda Date: 9/4/2024
Agenda #: 14.

Subject: Review City Work Program funding to develop new ELI (Extremely Low Income) and BMR housing units for Developmentally Disabled individuals (IDD) on City-owned property along Mary Avenue (APN: 326 -27-053)
Receive presentation and authorize staff to utilize the entire remaining budgeted amount (up to $235,000) to evaluate the proposal received for the City-owned property on Mary Ave Presenter: Gian Martire, Senior Planner
CITY OF CUPERTINO Printed on 8/28/2024Page 1 of 1
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CITY COUNCIL STAFF REPORT
Meeting: September 4, 2024

Subject
Review City Work Program funding to develop new ELI (Extremely Low Income) and BMR housing units for Developmentally Disabled individuals (IDD) on City -owned property along Mary Avenue (APN: 326-27-053)

Recommended Action
Receive presentation and authorize staff to utilize the entire remaining budgeted amount (up to $235,000) to evaluate the proposal received for the City-owned property on Mary Ave.

Reasons for Recommendation
Background:

Since Fiscal Year (FY) 2020 -21, the City of Cupertino’s City Work program prioritized engaging with philanthropic organizations to develop extremely low -income housing (ELI) for the intellectually and developmentally disabled (IDD) community. The FY 2021- 22 City Work Program narrowed down this item to excess City -owned property within the Mary Avenue right-of-way (the “Project Site”). A Site Map of the .79-acre Project Site, as well as a Vicinity Map, is provided as Figure 1. The Adopted FY 2024-25 City Work Program continues to include this ongoing project.

On February 6, 2024, the City Council approved an Exclusive Negotiation Agreement (“ENA”) with the nonprofit public benefit corporations Cupertino Rotary Housing Corporation, Housing Choices Coalition for Persons with Developmental Disabilities, Inc., and Charities Housing Development Corporation of Santa Clara County (collectively, the “Developer”) to negotiate the terms of a ground lease at the City-owned properties located at APN: 326-27-053. See Attachment A.

Their proposal envisions a 100% affordable, 40-unit, two-story, apartment development.

The individual apartments will be a mix of studio, one-, and two-bedroom units with one three-bedroom staff unit. The proposal is structured as a Special Needs project which requires a minimum of 45% (18 units) to be reserved for a special needs population, in this 196
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case, IDD. The remaining 21 apartments will s erve extremely low and very low -income residents of the community. The affordability levels of the proposed units will range from 30% to 50% of the Area Median Income (AMI). The exact affordability mix by unit type is still to be determined, but the average affordability level for the entire development will not exceed 40% AMI.

Analysis:

The Mary Avenue parcel for ELI/Developmental Disability Housing Council Work Program item was originally adopted in Fiscal Year 2019-20 (FY20) at $150,000 (page 360 of FY20 Final Budget) in the Housing Services, BMR Affordable Housing budget as a special project (265-72-711 750-052). Those funds remained unspent and unencumbered for FY20 and FY21 and were carried over in both years. As part of the FY22 Final adopted budget (page 429) an additional $100,000 was allocated bringing total funding to date to $250,000. This amount was intended to cover predevelopment costs that include, but not limited, to the following:
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 Creation of the new parcel and recording the map.
 Professional fees, including legal fees.
 Consultant fees to peer review studies and reports submitted to the City, including proforma, budget, and environmental1.
 Staff time to process the disposition of the parcel, as well as development applications.

Approximately $15,000 has been spent on the creation of the new property through the Parcel Map process. The developer is ready to enter the next phase of the project to submit for entitlement review. To ensure the success of this project, staff recommends City Council to utilize the remaining allocated funding to cover for staff and consultant’s time and payments for project review. The estimated cost to finish the entitlement process is $230,000, which includes staff time , consultant peer review of applicant studies, and disposition of the property.

Sustainability Impact
No sustainability impact.

Fiscal Impact
Costs associated with this work program item are budgeted in the BMR Housing Fund 265-72-71 750-052. No additional fiscal impact would incur should the City Council direct the remaining appropriated funds to be utilized for the entitlement review. Should the City Council deny the use of the appropriated funds, the remaining amount would remain in the City’s BMR Affordable Housing fund for future uses.

California Environmental Quality Act
The execution of this agreement is not considered a project under CEQA. _____________________________________

Prepared by: Gian Paolo Martire, Senior Planner
Reviewed by: Benjamin Fu, Director of Community Development Approved for Submission by: Christophe Jensen, City Attorney

Attachments:

A – Signed Exclusive Negotiating Agreement – Mary Avenue

1 As stated in the Developer conceptual proposal, the City is proposed to contribute approximately $5 million in funding. However, this amount is subject to available funds in the City’s Below Market Rate fund.
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1 EXCLUSIVENEGOTIATINGAGREEMENT
Mary Avenue
THIS EXCLUSIVE NEGOTIATING AGREEMENT ("Agreement") is enteredinto as of thedatethis Agreementis executed, asshownonthesignaturepagehereof (the "Effective Date"), betweentheCity of Cupertino, aGeneralLawCity ("City"), andthefollowing California nonprofitpublicbenefitcorporations: CupertinoRotaryHousingCorporation, Housing ChoicesCoalitionfor Personswith DevelopmentalDisabilities, Inc., andCharitiesHousing DevelopmentCorporationof SantaClaraCounty (collectively, the “Developer” andtogether with theCity, the “Parties”) on thebasisof thefollowing purposes, intentions, andfacts:

RECITALS
A. TheCity is theownerof thatcertainpropertylocatedat APN 326-27-053, Cupertino, California (the "Property"). TheCity hasdeterminedthatthePropertycanbeusedto providehousingaffordableto extremelylow andvery low-incomepersonsandfamiliesearning 30%- 50% of AreaMedianIncome.

B. TheCity issuedaRequestfor Proposals ("RFP") for qualifieddevelopersto leasefrom theCity thePropertyin accordancewith thetermsof a long-termgroundlease, with atermof at least99 years, andto developandoperateonthePropertythemostaffordable housingunitspossible, in themostexpedientmanner.

C. TheDevelopersubmittedaproposalto leaseanddevelopthePropertydated October18, 2022 (the "Proposal"), acopyof whichis onfile with theCity. TheProposal includesthedevelopmentof 40unitsof housingof which 100% is proposedto beaffordableto personsandfamiliesearning30%- 50% of AreaMedianIncome, with 45% of theunitsintended for theintellectuallyanddevelopmentallydisabled (“IDD”) population (the "Project").

D. On thebasisof theProposal, theCity hasselectedtheDeveloperastheentity with whichto negotiatea mutuallyacceptableLeaseDispositionandDevelopmentAgreement LDDA") which will include, butnot belimited to, termsandconditionson (i) theleaseof the Propertyfrom theCity to theDeveloper; (ii) theDeveloper's developmentof theProjectonthe Property; and (iii) affordabilityandoccupancyrestrictionsthatwill applyto theProject. The LDDA will includeasanexhibita groundlease ("GroundLease") to beenteredinto by the Partiesin accordancewith thetermsof theLDDA.

E. Thepurposeof this Agreementis to establishproceduresandstandardsfor the negotiationby theCity andtheDeveloperof theLDDA andtheGroundLease. As morefully setforth in Section3.1, thepartiesacknowledgeandagreethatthis Agreementin itself doesnot granttheDevelopertheright to acquiretheProperty, nordoesit obligatetheDeveloper 199
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2 to anyactivitiesor coststo acquiretheProperty, otherthantheactivitiesandcostsreasonably necessaryto dischargetheDeveloper'sobligationsunderthisAgreementincludingtheobligation to negotiatein goodfaith ascontemplatedby this Agreement.

NOW, THEREFORE, THE CITY AND THE DEVELOPERHEREBYAGREEAS FOLLOWS:

ARTICLE 1

EXCLUSIVENEGOTIATIONS
Section1.1 GoodFaithNegotiations. TheCity andtheDeveloper, acknowledging thattimeis of theessence, agreefor theNegotiationPeriodsetforth in Section1.2to negotiate diligently andin goodfaith to prepareandexecuteaLDDA, includinga form of GroundLease, in themannersetforth in this Agreement. Forpurposesof this Agreementalackof diligent, goodfaith negotiationson thepartof theDeveloperwill includetheDeveloper's failureto meet thePerformanceBenchmarkssetforth in thePerformanceSchedule, subjectto forcemajeure delays.

TheLDDA andGroundLeaseshallcontaintermsacceptableto theCity andthe Developer, in therespectiveexerciseby eachof its solediscretion. TheLDDA shallinclude, withoutlimitation, theconditionsprecedentto theCity andtheDeveloperenteringinto the GroundLease, physicalandlandtitle conditionsof thePropertyat theconveyanceof the leaseholdinterest, includingenvironmentalconditions, theproposeddevelopmentschedulefor theProjectandothermattersthatmaybeidentifiedby eitherpartyduringthecourseof completingthenegotiationsof theLDDA. TheGroundLeaseshallinclude, withoutlimitation, thetermof theGroundLease, thegroundrentandanyongoingobligationswith regardsto the developmentandoperationof theProperty. TheRFPandtheProposalshallserveastheguidein thenegotiationof theLDDA andtheGroundLease, althoughthepartiesrecognizethatreviewof additionalinformationandfurtherdiscussionmayleadto refinementof theissuesandconcepts setforth in theRFPandtheProposal. Prior to thenegotiationof theLDDA andtheGround Lease, theCity andtheDevelopershallnegotiatea non-bindingtermsheet ("TermSheet") settingforth theprincipaltermsto beincludedin theLDDA andtheGroundLeaseasmorefully describedbelow. DuringtheNegotiationPeriod, theCity will negotiatesolelywith the Developerwith respectto leaseanddevelopmentof theProperty.

Section1.2 NegotiationPeriod. Thenegotiatingperiod (the "NegotiationPeriod") shallcommenceontheEffectiveDateandshallexpireone (1) yearthereafter. TheCity Managermay, in hersolediscretion, agreeto extendtheNegotiationPeriodif theCity Manager determinesthattheDeveloperhasmetall of its obligationspursuantto thisAgreementandthat thePartiesaremakingsufficientprogresstowardthenegotiationof amutuallyacceptableLDDA andGroundLease. An extensionshallbeeffectiveonly if evidencedby anamendmentexecuted by authorizedrepresentativesof theCity andtheDeveloper. 200
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3 TheDeveloperacknowledgesthattimeis of theessenceto theCity in negotiationof a LDDA andtheGroundLease. Accordingly, it is essentialto theCity thatthepartiesnegotiatein goodfaith and, if thepartiesdo notsucceedin timely negotiatinga TermSheet, LDDA and GroundLease, thatthis Agreementexpireasspecifiedherein.

Section1.3 Identityof Developer. Thelegalstatusof theDeveloper, its office address, anddesignatedrepresentativesto negotiatetheLDDA andGroundLeaseareassetforth in Exhibit B attachedto this Agreementandincorporatedhereinby this reference.

ARTICLE 2

NEGOTIATIONPROCESSAND RESPONSIBILITIES
Section2.1 GeneralProcess.
a) NegotiationsBasedonProposal. Thenegotiationshereundershallbebasedon a developmentconceptgenerallyassetforth in theRFPandtheProposal. DuringtheNegotiation Period, theDevelopermaycontinueto developtheconceptualdesignandarchitectureof the Project, maycontinueto conductmarketingandfeasibility analysis, andshallperformsuchother tasksasarereasonablynecessaryandappropriateto fulfill its obligationto negotiatein good faith with theCity towardinitially amutuallyacceptableTermSheetandultimatelyanLDDA andGroundLease.
b) Reports, Studies, and RelatedDocuments. The Developershall provide the City with copiesof all reports, studies, analyses, and similar documentsin draft form, but excluding confidential information and communicationswith the Developer's legal counsel, preparedor commissionedby the Developerwith respectto this Agreementand the leaseand developmentof theProperty, promptlyupontheircompletion. TheDevelopershallnotbedeemed to makeany representationto the City regardingthe accuracy, completeness, methodologyor currentstatusof anysuchreports, studiesor analysis, norshalltheDeveloperassumeanyliability with respectto anymatteror informationreferredto or containedin suchreports, norshalltheCity haveanyclaimagainsttheDeveloperor anyconsultantof theDeveloperarisingoutof thecontents of suchreports.

While desiringto preserveits rightswith respectto treatmentof certaininformationona confidentialbasis, theDeveloperacknowledgesthattheCity will needsufficient, detailed informationabouttheproposedleaseanddevelopmentof theProperty (including, without limitation, financialinformation) to makeinformeddecisionsaboutthecontentandapprovalof theLDDA andGroundLease.

TheDeveloperacknowledgesthattheCity is subjectto theCaliforniaPublicRecords Act (" Act"). TheAct generallyprovidesthatwritten documentsretainedby theCity aresubject to disclosureupontherequestof anythird partyexceptfor specificlimited exceptionsprovided for in theAct. TheDeveloperacknowledgesthattheCity will makeinformationregardingthe Project, theProperty, theProposalandthisAgreementavailableto thepublicuponrequestas requiredby theAct. In orderto successfullynegotiatetheLDDA andtheGroundLease, the 201
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4 partiesbelievethattherewill bespecificdocumentsthatmaybesensitiveor containproprietary informationthattheywill wantto exchangein orderto reviewandunderstandthetransaction.

TheDevelopershalldesignateas "Confidential" anyinformationwhich theDeveloperprovides to theCity which theDeveloperdesiresto keepconfidentialanda statementasto why the requestis consistentwith theprovisionsof theAct. TheCity shallnotbeboundby the Developer's designationof recordsas "Confidential" or thereasoningthereforeprovidedby the Developer, exceptascontainedhereinwith respectfor theprocedurefor theDeveloperfiling a reverse-PublicRecordsAct action.

If a requestfor disclosureof anyinformationdesignatedas "Confidential" by the Developeris madeundertheAct, theCity shalltimely notify theDeveloperin writing of the requestto permittheDeveloperatits discretionandsole costto file areverse-PublicRecordsAct action. If theDeveloperdecidesto file a reverse-PublicRecordsAct action, it shallinform the City in writing of this intentionwithin 10daysof thedateof therequestfor disclosureof the specificConfidentialdocumentsthatwill bethesubjectof theaction, andthedateby whichit shallfile theaction. TheCity shallwithholdanysuchConfidentialdocumentsidentifiedby the Developeruntil thedateidentifiedin writing by theDeveloper, anduponthefiling of the Developer’sactionshallcontinueto withholdthoseConfidentialdocumentsuntil afinal decision is madeby theCourtwith respectto disclosure, or theactionis abandoned. If theDeveloper doesnot timely inform theCity of its intentionto file areverse-PublicRecordsAct action, does not file thereverse-PublicRecordsAct actionby thedateindicatedin its writtennoticeto the City, or abandonsthereverse-PublicRecordsAct actionprior to judgment, theCity shallbefree to disclosetheConfidentialdocumentsat issuein accordancewith its obligationsundertheAct, andshallbeheldharmlessfrom anyclaimsfrom theDeveloperregardingsaiddisclosure. If a legalactionis filed againsttheCity seekingto compeldisclosureof anyinformationthatthe Developerhasrequestedremainconfidential, theCity shallgivepromptnoticeof thefiling of suchactionto theDeveloperandtheDevelopershalldefendandindemnifytheCity from all costsandexpensesof suchdefense, includingreasonableattorneys' feesof theCity or attorneys' feesawardedby a courtarisingout of suchactionexceptto theextentliability arisessolelyout of theCity's exerciseof its solediscretionto discloseor notdiscloserecordsand/or theCity’s willful misconduct.
c) QuarterlyReports. TheDevelopershallprepareandsubmitto theCity nolater thanthefirst dayof eachquarterduringtheNegotiationPeriodameaningfulsummaryof activitiesundertakenduringthepreviousquarterto achieveeachPerformanceBenchmarkset forth in thePerformanceScheduleattachedasExhibit C. Thefirst quarterlyreportshallbefor theperiodfrom April 1, 2024to June30, 2024andall subsequentreportswill includethethree monthssincethelastreport.

Section2.3 DeveloperDueDiligence.

DuringtheNegotiationPeriodtheDevelopershallundertakesuchduediligenceasis necessaryto determinethesuitability of thePropertyfor theProjectassetforth belowandwithin thetimessetforth in thePerformanceScheduleattachedasExhibit C:
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5 a) DueDiligence. DuringtheNegotiationPeriodandwithin thetime setforth in the PerformanceSchedule, theDevelopershallconductduediligenceactivitiesit deemsnecessaryto providetheDeveloperwith sufficientinformationto determinethefeasibility of developinga Projecton theProperty. TheDeveloper's duediligenceactivitiesmayincludebut arenotlimited to aphysicalsurveyof theProperty. TheCity shallprovidetheDeveloperall requested informationregardingthePropertyin theCity's possessionin a timely fashion. TheDeveloper shallberesponsiblefor thecostsof all suchstudies, surveysandinvestigations. If theDeveloper fails to providenoticeto theCity thatit is infeasibleto developtheProjecton thePropertyor thatthePropertyis physicallyinadequatefor thedevelopmentof theProjectby thedatesetforth in thePerformanceSchedule, this conditionshallbedeemedsatisfiedandthis Agreementwill remainin effect.

Developeracknowledgesandrecognizesthatregardlessof theresultsof Developer's investigationsof theProperty, thePropertywill beleasedto theDeveloper "As Is, WhereIs, And With All Faults."
b) Title AdequacyDetermination. TheCity hasprovidedtheDeveloperwith a PreliminaryTitle ReportdatedMarch15, 2024, OrderNo. 2276956 (the “Title Report”) on the Property. If theDeveloperobjectsto anyexceptionappearingon theTitle Reportor shouldany title exceptionariseafterthedateof theTitle Report, theDevelopermayobjectto such exception, providedsuchobjectionis madeto theCity in writing onor before5 P.M. on the thirtieth (30th) dayfollowing theEffectiveDate, or if theexceptionis a newexceptionarising afterthedateof theTitle Report, within fifteen (15) daysof receiptof noticeof suchnew exception. If theDeveloperobjectsto anyexceptionto title, theCity, within fifteen (15) daysof receiptof the Developer’sobjectionshallnotify theDeveloperin writing whethertheCity electsto (i) causetheexceptionto beremovedof record, (ii) obtainacommitmentfrom thetitle companyfor anappropriateendorsementto thepolicy of title insuranceto beissuedto the Developer, insuringagainsttheobjectionableexception, or (iii) terminatethis Agreementunlessthe Developerelectsto taketitle subjectto suchexception. If theCity fails to respondto the Developer, suchfailureshallconstitutetheCity’s electionto terminatethis Agreementunlessthe Developeraffirmatively electsto taketitle subjectto suchexception. If theCity's electsnotto removeanyexceptionobjectedto by theDeveloper, theDevelopermay, within fifteen (15) days of receiptof theCity'snotice, electto terminatethis Agreement. If anyPartyelectsto terminate this Agreementpursuantto this Section2.3(b), noPartyshallthereafterhaveanyobligationsto or rightsagainsttheothershereunder. If theDeveloperfails to provideanynotificationto the City regardingthis matterprior to expirationof thetimeperiodsetforth herein, theconditionset forth in this Section2.3(b) shallbedeemedsatisfied, this Agreementshallcontinuein effect, andtheconditionof title at closingunderanyexecutedLDDA shallbeassetforth in theTitle Report.

Section2.4 DeveloperObligations.

DuringtheNegotiationPeriod, theDevelopershallberesponsiblefor completingthe following taskswithin thetime setforth in thePerformanceScheduleattachedasExhibit C:
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6 a) CommunityEngagementPlan. Within thetime setforth in thePerformance ScheduletheDevelopershallsubmitto theCity for its approval, acommunityengagementplan CommunityEngagementPlan") thatincludestheDeveloper's proposedplanfor conducting outreachto communitygroupsandstakeholdersin thevicinity of theProjectto educatethe public with respectto theProjectandseekinputfrom thepublic with respectto theProject. The City shallapproveor disapprovetheCommunityEngagementPlanwithin thirty 30) daysof receipt. If theCity disapprovestheCommunityEngagementPlantheCity shall providespecificreasonsfor its disapproval. If theCity disapprovestheCommunity EngagementPlan, theDevelopershallsubmitarevisedCommunityEngagementPlanto the City within thirty (30) daysof suchdisapprovalandthesubmissionandapprovalsperiodsset forth hereinshallcontinueuntil theCity approvestheCommunityEngagementPlan, provided, however, if theCity fails to approvea CommunityEngagementPlanafterthesecond resubmission, theCity may, in its discretion, electto terminatethisAgreement. Oncethe CommunityEngagementPlanis approved, theDevelopershallberesponsiblefor implementing theCommunityEngagementPlanduringtheNegotiationPeriod.
b) FinancingPlan. Within thetimesetforth in thePerformanceSchedule, the Developershallprovideto theCity for its approvala financingplan (“FinancingPlan”) for the proposeddevelopmenton thePropertythatwill includeproposedfinancingfor all components of thedevelopment, identificationof all proposedsourcesof subsidiesfor thehousing affordableto extremelylow andverylow-incomehouseholds, anyproposedpublic financing andananalysisof theproposeddevelopment's competitivenessfor suchsubsidysources. The FinancingPlanshallalsoincludeanoperatingproformaincludingcashflows for all componentsof theProjectandshowingtheDeveloper's proposedgroundrentwith sufficient detailfor theCity to evaluatethegroundrentproposal. TheDevelopershallupdatethe FinancingPlanperiodicallyto reflectchangesto theProjectduringtheentitlementprocess, informationfrom theDeveloper's duediligencereviewof theProperty, theresultsof market studiesandotherinformation. TheCity shallapproveor disapprovetheFinancingPlanwithin thirty (30) daysof receipt. If theCity disapprovestheFinancingPlantheCity shallprovidea detailedexplanationof thereasonsfor suchdisapproval.
c) Entitlements. DuringtheNegotiationPeriodandwithin thetimesetforth in the PerformanceSchedule, theDeveloper, atits solecost, shallberesponsiblefor obtainingall land useentitlementsandothergovernmentalapprovalsfrom theCity andotherentitiesasmaybe necessaryfor theDeveloper's contemplateddevelopmentontheProperty. TheCity shall cooperatewith theDeveloper's effortsto obtainsuchentitlementandshallsignnecessary applicationsor otherconsentsto applications, providedhowever, theCity shallnotbeobligated to incuranycostsassociatedwith suchcooperation.

Priorto submittinganyapplicationsto theCity or othergovernmentalentities, the Developershallsubmitto theCity thedesignandarchitectureof theProject, includingthe conceptualplans, elevations, theexteriordesignandlayoutandanyotherinformationthatthe Developerintendsto submitaspartof its entitlementapplication. In theexerciseof its reasonablediscretion, theCity shallrespondto theDeveloper'swrittenrequestfor approvalof conceptualplanswithin thirty (30) businessdaysof theDeveloper's requestthereforor the 204
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7 itemssubmittedfor approvalshallbedeemedapproved. If theCity disapprovesof theitems submitted, it shallspecificallystatethereasonsfor suchdisapproval. TheDevelopershallnot submitanyapplicationsfor entitlementsuntil theCity hasapprovedtheconceptualplansand applicationmaterials.
d) EnvironmentalDocuments. TheDevelopershallberesponsible, atits sole cost, for preparationof anyenvironmentaldocumentsrequiredundertheCaliforniaEnvironmental Quality Act for (i) City approvalof theLDDA andGroundLeaseand (ii) approvalof the Project. TheCity shalldeterminetheappropriateenvironmentalreviewrequiredfor approvalof theProjectandshallcooperatewith theDeveloperin preparingenvironmentaldocumentsfor whichtheDeveloperis responsible (if any) by supplyingavailabletechnicaldataandother availableinformationconcerningtheProperty. TheDevelopershallbesolelyresponsiblefor all costsassociatedwith preparinganyenvironmentaldocumentsnecessaryfor theCity's approval of theProject, inclusiveof theLDDA andGroundLease. Thedeterminationof theadequacyof theenvironmentalreviewshallbein thesolediscretionof theCity.

2.5 TermSheet. Developershallprovidea draft termsheetconcurrentlywith City Councilconsiderationof this Agreementfor City Councilreview. DuringtheNegotiation Periodandwithin thetimesetforth in thePerformanceSchedule, theDeveloperandtheCity will negotiatetheTermSheetfor theProjectthatis consistentwith theDeveloper'sProposalas suchProposalis refinedin accordancewith this Agreement. TheTermSheetshallincludethe fundamentaltermsthatwill serveasa basisfor thenegotiationof theLDDA andtheGround Lease, including, butnot limited to, thetermof theGroundLease, theproposedgroundrent, the basicelementsof theProject, thecommunitybenefitsto beprovidedby theProjectandaviable financialplanfor theProject. If following goodfaith negotiations, thePartiesfail to agreeon a mutuallyacceptableTermSheet, eitherPartymayterminatethis Agreement, in whicheventno Partyshallthereafterhaveanyobligationsto or rightsagainsttheothershereunder, exceptfor thoseprovisionsthatsurvivetermination.

Notwithstandinganythingto thecontrarycontainedherein, includingexecutionof theLDDA with theform of GroundLeaseattachedthereto, thePartiesacknowledgeandagreethatthe Projectfinancingpartnersmayhaveadditionalcommentsto theGroundLeaseandtheCity and Developershallwork in goodfaith prior to theexecutionof suchGroundLeaseto incorporate anysuchreasonablecomments.

2.6 Right of Entry.

DuringtheNegotiationPeriod, theCity grantsto theDeveloperandtheDeveloper's agentsthe right to enterupontheProperty, subjectto thetermsandconditionsof this Section2.6, for the soleandexclusivepurposeof conductingstudiesandinvestigationsthatwill assistthe Developerin negotiatingaLDDA andGroundLeaseandperformingits obligationshereunder.

TheDevelopershallnotinterferewith anyexistingCity operationsor departmentsoccupying thePropertyduringanyinspectionor investigationof theProperty. TheDevelopershallbe responsiblefor obtaininganypermitsnecessaryfor anystudiesor investigationsto be conducted. Priorto conductinganydestructivetestingor anyenvironmentaltestinginvolving drilling or borings, theDevelopershallprovidetheCity'sAuthorizedRepresentativewith 205
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8 writtennotificationof thescopeof suchtestingfor theCity's AuthorizedRepresentative's approvalin his reasonablediscretion. TheDevelopershallbearall costsof suchstudiesand investigationsandshallberesponsiblefor restoringthePropertyto its originalconditionafter completionof suchstudiesandinvestigations. TheDevelopershallberesponsiblefor repairing anydamageto thePropertycausedby suchinvestigations.

Priorto exerciseof theright of entrygrantedin this Section2.6, theDevelopershall providetheCity with satisfactoryevidence, in theform of a certificateof insurance, thatthe Developer's agentswho obtainaccessto thePropertyareinsuredundercomprehensivegeneral liability andautomobileliability insurancepolicy or policiesterminableonly afterten (10) days' advancewrittennoticeto theCity, eachpolicy to bein anamountof not lessthanTwo Million Dollars ($2,000,000) combinedsinglelimit peroccurrencefor bodily injury andproperty damage. Eachinsurancepolicy shallnametheCity asanadditionalinsuredandshallcontaina waiverof anyright of subrogationagainsttheCity.

TheDevelopershallprotect, indemnifyanddefend (with counselreasonablyacceptable to theCity) andhold harmlesstheCity, andits respectiveCouncilmembers, officers, employees, andagents (collectivelythe "IndemnifiedParties") against, andholdtheIndemnified PartiesandthePropertyharmlessfrom andagainst, anyandall costs, expenses (including, without limitation, reasonableattorneys' fees), damages, claims, liabilities, liens (including, without limitation, mechanicsliens) encumbrancesandchargesarisingout of or in anyway relatedto anyentryby theDeveloperor theDeveloper's agentsupontheProperty, unlesssuch mattersarisefrom thesoleandactivenegligenceor willful misconductof theCity or other IndemnifiedParty. Theforegoingobligationof theDevelopershallsurvivetheexpirationof this Agreement.

Theprovisionsof thisSection2.6 to thecontrarynotwithstanding, theDevelopershall not conductanybiologicalinvestigationsor studiesor anyinvasiveinvestigation, inspection, or test onthePropertywithoutpriorwrittennoticeto theCity'sAuthorizedRepresentativeof theproposed investigation, study, inspectionor test (including, with respectto any hazardoussubstances invasive testing, a written plan for such testing) and the City’s Authorized Representative's approvalthereof, which will not be unreasonablywithheld, conditionedor delayedandwill be deemedgiven if the City's AuthorizedRepresentativehasnot given its approvalor reasonable disapprovalin writing within twenty (20) businessdaysafterreceiptof theDeveloper’s noticeof theproposedinvestigation, study, inspectionor test (andanyrequiredwrittenplan). Additionally, theDevelopershall provideto theCity for theCity’s reviewandapproval (which approvalwill notbeunreasonablywithheld, conditioned, or delayed) copiesof draftsof anyreportspreparedin connectionwith any suchactivities prior to the reportsbecomingfinal and submittedto third parties (including governmentalagencies). The City's failure to disapproveof any draft report within twenty (20) businessdaysof theCity'sreceiptwill conclusivelybedeemedapprovalby the City of thedraftreportin question.

Section2.7 City Cooperation. TheCity shallreasonablycooperatein providingthe Developerwith informationin theCity's possessionrelevantto developmentof theProperty. 206
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9 ARTICLE 3

GENERALPROVISIONS
Section3.1 Limitation on Effectof Agreement. This Agreementshallnotobligate eithertheCity or theDeveloperto enterinto anLDDA or GroundLeaseor to enterinto any otheragreement. By executionof this Agreement, theCity is not committingitself to or agreeingto undertakedispositionof anyproperty. Executionof thisAgreementby theCity is merelyanagreementto conducta periodof exclusivenegotiationsin accordancewith theterms hereof, reservingfor subsequentCity actionthefinal discretionandapprovalregardingthe executionof anLDDA andGroundLeaseandall proceedingsanddecisionsin connection therewith. Any LDDA andGroundLeaseresultingfrom negotiationspursuantto this Agreementshallbecomeeffectiveonly if andaftersuchLDDA andGroundLeasehavebeen consideredandapprovedby theCity Councilfollowing conductof all legally required procedures. No agreementdrafts, actions, deliverablesor communicationsarisingfrom the performanceof this Agreementshallimposeanylegallybindingobligationon eitherPartyto enterinto anLDDA or GroundLease, norshallanysuchdocuments, actionsor communications constituteanyoralor implied agreementby eitherPartyto enterinto anyotheragreement. The Partiesacknowledgethatthefinal form of anyagreementgoverningthedevelopmentof the Propertymaycontainmattersnotcoveredin this Agreement, andtheprovisionshereinarenot intendedto excludeor precludeanyotherissuesthatmayariseduringnegotiations.

Section3.2 Compliancewith CEQA. Without limiting thegeneralityof Section3.1, theDeveloperexpresslyacknowledgesthatanyagreementresultingfrom thenegotiations contemplatedherebyshallbecomeeffectiveonly if theagreementis approvedby theCity Councilfollowing compliancewith all applicablenoticeandhearingrequirementsand compliancewith all otherrequirementsof law, includingwithoutlimitation, therequirements of theCaliforniaEnvironmentalQuality Act (“CEQA”). ThePartiesacknowledgethatthe Projectdescribedin theProposalis preliminaryin natureandshallbedescribedin further detailin theLDDA to benegotiatedduringtheNegotiationPeriod. Withoutlimiting the foregoing, thePartiesacknowledgethattheCity retainsdiscretionto (i) modify theproposed developmentastheCity may, in its discretion, determineto benecessaryto complywith CEQA, (ii) selectotherfeasiblealternativesand/or imposemitigationmeasuresto avoidor minimizesignificantenvironmentalimpacts; (iii) balancethebenefitsof theproposed developmentagainstanysignificantenvironmentalimpactsprior to takingfinal action, if such impactscannototherwisebeavoided; and/or (iv) determinenot to proceedwith theproposed developmentof theProperty.

Section3.3 Notices. Eachnotice, request, demand, instructionor otherdocument requiredor permittedto begivenhereunder ("Notice") shallbein writing andshallbedelivered personally (includingmessengeror courierservicewith evidenceof receipt) or sentby depositingthesamewith theUnitedStatesPostalService, certifiedor registeredmail, return receiptrequested, with properpostageprepaid, addressedto thepartiesattherespective addressessetforth belowandmarkedto thedesignatedindividual's attention. EachNoticeshall beeffectiveuponbeingsodeposited, butthetimeperiodin whicharesponseto anysuchNotice mustbegivenor anyactiontakenwith respecttheretoshallcommenceto runfrom thedateof 207
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10 receiptof theNoticeby theaddresseethereof. Rejectionor otherrefusalby theaddresseeto acceptor theinability of anymessenger, courieror theUnitedStatesPostalServiceto deliver becauseof achangedaddressof whichno Noticewasgivenshallbedeemedto bethereceiptof theNoticesent. Eitherpartyshallhavetheright from timeto time to changetheaddressto which aNoticeto it shallbesentto anotheraddressin thecontinentalUnitedStates (but nota postoffice box) by giving Noticeto theotherpartyof thechangedaddressatleastten (10) days prior to suchchanges.

If to theCity: City of Cupertino
10300TorreAvenue
Cupertino, CA 95014
With copiesto: GianMartire
ChristopherJensen
KirstenSquarcia
PamelaWu
If to theDeveloper: To theaddressspecifiedin Exhibit B
Section3.4 Developer's FinancialCapacity. Prior to theexecutionof theLDDA, Developershallsubmitto theCity evidenceof its ability to financedevelopmentof the Propertypursuantto theProposal. Priorto executionof theLDDA, theCity shallmakea determination, thecostof whichshallbeadvancedby Developer, thatDeveloperhascapacity to financethedevelopmentandcompletetheProject. City shallhavetheright to terminatethis Agreementif Developeris unableto establishits financialcapacityto thesatisfactionof the City. TheDevelopershallmaintainfull disclosureto theCity of its methodsof financingto be usedin thedevelopmentof theProperty, andshallpromptlyadvisetheCity of anymaterial adversechangein theDeveloper's financialstatusor ability to financedevelopmentof the Property.

Section3.5 CostsandExpenses. Eachpartyshallberesponsiblefor its own costsand expensesin connectionwith anyactivitiesandnegotiationsundertakenin connectionwith this Agreement, andtheperformanceof eachparty'sobligationsunderthisAgreement.

Section3.6 DefaultsandRemedies.
a) Default. Failureby eitherpartyto negotiatein goodfaith asprovidedin this Agreementshallconstituteaneventof defaulthereunder. In addition, thefailureof the Developerto meetanyof thePerformanceBenchmarksby thedatesetforth in thePerformance Schedule, subjectto forcemajeuredelays, shallconstituteaDevelopereventof default. The 208
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11 non-defaultingpartyshallgive writtennoticeof a defaultto thedefaultingparty, specifyingthe natureof thedefaultandtherequiredactionto curethedefault. If adefaultremainsuncuredten 10) daysafterreceiptby thedefaultingpartyof suchnotice, thenon-defaultingpartymay exercisetheremediessetforth in subsection (b).
b) Remedies. In theeventof anuncureddefaultby theCity, theDeveloper'ssole remedyshallbeto terminatethis Agreement. Followingsuch, neitherpartyshallhaveany furtherright, remedyor obligationunderthis Agreement; provided, however, thatthe Developer's indemnificationobligationpursuantto Sections2.6and3.5shallsurvivesuch termination.

In theeventof anuncureddefaultby theDeveloper, theCity's soleremedyshallbeto terminatethis Agreement. Followingsuchtermination, neitherpartyshallhaveanyright, remedyor obligationunderthis Agreement; provided, however, thattheDeveloper's indemnificationobligationpursuantto Sections2.6and3.5shallsurvivesuchtermination.

Exceptasexpresslyprovidedabove, neitherpartyshallhaveanyliability to theotherfor damagesor otherwisefor anydefault, norshalleitherpartyhaveanyotherclaimswith respectto performanceunderthis Agreement. Eachpartyspecificallywaivesandreleasesanysuchrights or claimstheymayotherwisehaveatlaw or in equity.

Section3.7 GoverningLaw. ThisAgreementshallbegovernedby andconstruedin accordancewith thelawsof theStateof California.

Section3.8 Assignment. TheDevelopermaynottransferor assignanyor all of its rightsor obligationshereunderexceptwith theprior writtenconsentof theCity, which consentshallbegrantedor withheldin theCity'ssolediscretion, andanysuchattempted transferor assignmentwithout theprior writtenconsentof theCity shallbevoid.

Notwithstandingtheforegoing, Developermayassignits rightshereunderto a limited partnershipwhereoneor moreof theDevelopersarethemanaginggeneralpartner (or the managingmemberof themanaginggeneralpartner) thereof.

Section3.9 No Third PartyBeneficiaries. ThisAgreementis madeandenteredinto solelyfor thebenefitof theCity andtheDeveloperandnootherpersonshallhaveanyright of actionunderor by reasonof this Agreement.

Section3.10 Time. Timeis of theessenceof eachandeveryprovisionof this Agreementin whichtime is a factor.

Section3.11 No Agency, JointVentureor Partnership. TheCity andtheDeveloper herebyrenouncetheexistenceof anyform of agencyrelationship, joint ventureor partnership betweentheCity andtheDeveloperandagreethatnothingcontainedhereinor in anydocument executedin connectionherewithshallbeconstruedascreatinganysuchrelationshipbetween theCity andtheDeveloper.
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12 Section3.12 Interpretationof Agreement. ThisAgreementconstitutestheentire agreementbetweenthepartiesandsupersedesall prior discussions, negotiations, andagreements whetheroral or written, exceptto theextentthattheProposalinformsthenegotiations contemplatedin this Agreement. Any amendmentto this Agreement, includinganoral modificationsupportedby newconsideration, mustbereducedto writing andsignedby both partiesbeforeit will beeffective. Bothpartieshavehadanequalopportunityto participatein the draftingof this Agreement. Theusualconstructionof anagreementasto thedraftingpartyshall not applyto this Agreement.

Section3.13 Waiverof Lis Pendens. It is expresslyunderstoodandagreedby the Partiesthatnolis pendensshallbefiled againstanyportionof thePropertywith respectto this Agreementor anydisputeor actarisingfrom it. ThisSectionshallsurvivetheexpirationor terminationof this Agreement.

Section3.14 Counterparts. ThisAgreementmaybeexecutedin counterparts, eachof which shallbedeemedanoriginalbut all of which togethershallconstituteoneandthesame agreement.

SIGNATURESCONTINUEON THE FOLLOWING PAGE
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13 IN WITNESSWHEREOF, thepartiesheretohaveexecutedthisAgreementasof thedate setoppositetheirsignatures. TheEffectiveDateof this Agreementshallbethedatethis Agreementis signedby theCity.

APPROVEDAS TO FORM:

By:

ChristopherD. Jensen, CupertinoCity Attorney
ATTEST:

City Clerk
Date ________________________
City”
City of Cupertino, abodycorporateandpolitic
andasubdivisionof theState
By: ___________________________
Title: _________________________
Date: _________________________
Developer”
By: ___________________________
Title: _________________________
Date: _________________________
Mark Mikl ( Apr 9, 2024 09: 02 PDT)
Mark Mikl
Executive Director
Apr 9, 2024Directorof Community Development
Apr 9, 2024
Christopher D. Jensen ( Apr 9, 2024 09: 11 PDT)
Christopher D. Jensen
Apr 9, 2024
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14 EXHIBIT A

DESCRIPTION OF PROPERTY

THE LAND REFERREDTO HEREINBELOW IS SITUATED IN THE CITY OF

CUPERTINO, COUNTY OFSANTA CLARA, STATEOFCALIFORNIA, AND IS DESCRIBEDAS FOLLOWS:

All of Parcel1, asshownonthatcertainParcelMapfiled for recordin theOffice of theRecorderof the Countyof SantaClara, Stateof California, onMay 2, 2023, in Book953of Maps, Pages53and54.

REMAINDER OF PAGEINTENTIONALLY LEFT BLANK
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15 EXHIBIT B

DEVELOPERINFORMATION
Name: CharitiesHousingDevelopmentCorporationof SantaClaraCounty LegalStatus: 501(c)(3) Non-Profit
Address: CharitiesHousingDevelopmentCorporationof SantaClaraCounty ATTN: JacobBillitteri
1400ParkmoorAvenue, STE. 190
SanJose, CA 95126
NegotiatingRepresentative(s):

Mark Mikl
KathyRobinson
MarvelAng
JacobBillitteri
Orrin Mahoney (CupertinoRotaryHousingCorporation)
Kiran Rohra (CupertinoRotaryHousingCorporation)

REMAINDER OFPAGEINTENTIONALLY LEFT BLANK
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16 EXHIBIT C

PERFORMANCESCHEDULE
PerformanceBenchmark PerformanceDate

1. DeveloperDueDiligenceActivities (§2.3(a))

2. Developerdeterminestitle adequacy (§2.3(b))

3. DevelopersubmitsCommunityEngagementPlanto theCity for approval (§2.4(a))

4. TheCity approvesor disapprovestheCommunityEngagement Plan (§2.4(a)).

Within 30daysof
submission

5. DevelopersubmitsFinancingPlanto City (§2.4(b))

6. City approvesor disapprovesof theFinancingPlan (§2.4(b)) Within 30daysof submission

7. City ManagerapprovesTermSheet (§2.5)

8. Developershallsubmitconceptplanandentitlement
applicationmaterialsto theCity for its approvalprior to submittingapplicationsfor entitlements (§2.4(c))

9. City shallreviewandapproveof disapprovedesignand
architectureplans (§2.4(c))
Within 30businessdays
of submission

10. Developerobtainsentitlementsandfinal CEQA reviewfor the Project (§2.4(c))
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ExclusiveNegotiatingAgreement (MaryAve) -
Final
Final Audit Report 2024- 04-09
Created: 2024-04-05
By: Robert Dacanay ([email protected])
Status: Signed
Transaction ID: CBJCHBCAABAA-hq_sfQ5x81yG5MEmfazyHXX9lXzg0QT ExclusiveNegotiatingAgreement (Mary Ave) - Final" History Documentcreatedby RobertDacanay ([email protected]) 2024-04-05 - 3:34:56 PM GMT- IP address: 73.222.117. 251 Documentemailedto [email protected] approval
2024-04-05 - 3:39:46 PM GMT
Email viewed by [email protected]
2024-04-05 - 5:14:47 PM GMT- IP address: 104.47.73.254
[email protected] signingas MichaelWoo 2024-04-05 - 5:35:10 PM GMT- IP address: 174.160.227.130 Documentapprovedby MichaelWoo ([email protected])
Approval Date: 2024-04-05 - 5:35:12 PM GMT - Time Source: server- IP address: 174. 160.227.130 Documentemailedto MarkMikl ([email protected]) for signature 2024-04-05 - 5:35:13 PM GMT
Emailviewedby MarkMikl ([email protected])
2024-04-07 - 9:31:24 PM GMT- IP address: 104.47.51.126
Documente-signedby MarkMikl ([email protected]) Signature Date: 2024-04-09 - 4:02:24 PM GMT - Time Source: server- IP address: 66.91.33.56 Document emailed to Benjamin Fu ([email protected]) for signature 2024-04-09 - 4:02:25 PM GMT
Documente-signedby BenjaminFu ([email protected]) E-signatureobtainedusingURLretrievedthroughtheAdobeAcrobatSignAPI Signature Date: 2024-04-09 - 4:03:21 PM GMT - Time Source: server- IP address: 108.184.90.127 215
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Document emailed to [email protected] for signature 2024-04-09 - 4:03:23 PM GMT
Emailviewedby [email protected]
2024-04-09 - 4:11:00 PM GMT- IP address: 104.47.73.254
[email protected] signingas ChristopherD. Jensen 2024-04-09 - 4:11:24 PM GMT- IP address: 136.24.22.194
Documente-signedby ChristopherD. Jensen ([email protected]) Signature Date: 2024-04-09 - 4:11:26 PM GMT - Time Source: server- IP address: 136.24.22.194 Documentemailedto KirstenSquarcia ([email protected]) for signature 2024-04-09 - 4:11:27 PM GMT
Emailviewedby KirstenSquarcia ([email protected])
2024-04-09 - 4:19:15 PM GMT- IP address: 104.47.73.254
Document e-signed by Kirsten Squarcia ([email protected]) Signature Date: 2024-04-09 - 4:19:26 PM GMT - Time Source: server- IP address: 64.165.34.3 Agreementcompleted.
2024-04-09 - 4:19:26 PM GMT
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CITY OF CUPERTINO
Agenda Item
23-12682 Agenda Date: 9/4/2024
Agenda #: 15.

Subject: Councilmember Reports
CITY OF CUPERTINO Printed on 8/28/2024Page 1 of 1
powered by Legistar™
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CITY COUNCILMEMBER REPORT*
Meeting: Wednesday, September 4th, 2024
+for the “Councilmember Reports” agenda item under the “COUNCIL REPORTS” section Reporting Councilmember: Councilmember Liang Chao
Report Dates: 6/26/24 to 8/26/24
Section 1: Activities by Date (Date, Title, and Description):

NOTE:
● This list does not include internal meetings with sta ff 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 a endance for ceremonial purposes, especially those I have a ended almost every year in the past. Instead, I focus more of my time on constituent services.
2024-06-30 Visit to Special Olympics Games at Cupertino High - The weekend games have 650 Special Olympics athletes, 200 coaches, and over 1,000 volunteers - Many participants who are seniors have been participating since their teenage years. - There are all kinds of sports from walking to running to all kinds of field sports. - The demonstration games add new categories, such as Bocce Balls.. 2024-07-04 Fourth of July Flag Raising and Parade at Memorial Park - The flag raising ceremony was well a ended by families as usual, with flag raising performed by a Scout troop.
- There were no costumes for Councilmembers, but we still had a fun Children’s Parade around the Memorial Park.
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2024-07-13 The unveiling of the “Thank You, America” Monument at Vietnamese Heritage Garden in San Jose, honoring the veterans of the U.S. and the Republic of Vietnam and the Allies who fought to protect the freedom of South Vietnam
- “City o fficials allocated $150,000 during the 2023-24 budget to prepare for the statue’s installation and begin work on grading, drainage, creating a de fined walking path, tree planting, installing benches, irrigation and vegetation. But plans for the monument date back to 2011 when community leaders began discussing ideas for a memorial to honor American and South Vietnamese soldiers who fought in the Vietnam War.” (San Jose Spotlight) 2024-07-16 Followup to the concern about deadline for ACFR: The amended sta ff report on ACFR for
the July 16 Council Meeting confirmed that the concerns brought up by community members about late submi al were valid. The City Sta ff had confirmed that the FU 2023-24 ACFR is on schedule to be submied on time.
- “ Additionally, there were two questions posed by the City Council relating to the “legal deadline” requirements and the status of the FY 2023-24 audit. In California, there is no “legal deadline” for the ACFR. However, the GFOA’s Certi ficate of Achievement for Excellence in Financial Reporting deadline is December 31 following the end of a June 30 fiscal year unless an extension is filed, which the City has submi ed. The City’s debt covenants require a draft by March 31, and the City has been working closely with its consultant to ensure compliance. Lastly, the FY 2023-24 audit is on schedule to be completed and presented to the Audit Commi ee in a special meeting in December” (from the July 16 staff report)
- In the last Council Report, I shared that Cupertino has been submi ing ACFR late for the past 10 years, while other cities submi ed their ACFRs by December of each year. I would like thank the community members who keep bringing up the issue so that the city can take steps to improve our financial reporting.
2024-07-17 Update from the City Emergency Manager Tom Chin about encampments, in light of recent Supreme Court decision on the issue and the inquiries from residents - “... in light of the recent Supreme Court decision in City of Grants Pass v. Johnson, U.S.

Supreme Court Case No. 23-175. This decision overturned the Ninth Circuit Court of Appeals ruling in Martin v. City of Boise. This decision provides the City more fl exibility to address encampments in violation of speci fi c local and state ordinances, regardless of the availability of shelter space. However, the City should continue to seek e ffi cient and e ff ective solutions to address encampments in our community while maintaining the health and safety of all residents and businesses.” (from the Update) 2024-07-18 interview with Harker student on a research project on Asian women, why they run for public office and the challenges they face when running and while serving as elected o fficials. 2024-07-25 Taichung City Delegation Visit
- The delegation’s visit to the City of Cupertino was at 3:30pm. I was not able to a end since it is 2 219
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the middle of the day. And in the past, it was usually the Mayor or Vice Mayor who greeted the deletion, not the full Council.
- I a ended the Meet and Greet at the Chicha San Chen Tea House at 4:30pm instead. It was great to hear the interaction between reporters and the Vice Mayor of Taichung City. - “This city government vows to construct 10,000 Social Housing Units in the next 8 years to supply a ffordable housing units” (source) Taichung City Vice Mayor said that there is a 6-year limit for residency with 50% rent reduction in the first year and the rent subsidies reduce every year to support citizens to transition to market-rate housing while building up their savings.
- Besides Bubba tea drinks, Chicha San Chen Tea House also o ffers free tee making demonstration hourly to showcase Taiwan’s tea culture.
2024-07-25 Memo on “Sco field Drive SB330 Preliminary Application pursuant to Builder’s Remedy” was posted (The memo was requested by the Council at the July 2 Council meeting after hearing public concerns on the project)
- The memo provides the legal requirements and the city’s responsibilities for SB 330 applications and for Builders’ Remedy.
- It also includes a list of eight SB330 applications received so far. Four of them are utilizing the Builders’ Remedy (BR) provisions of HAA".
- The sta ff will create a web page soon to provide updates on these projects. 2024-07-28 Residents requested to not shutdown Farmers’ Market at De Anza College or find another location for the West Coast Farmers’ Market
- Sample emails from residents
- Email from the West Coast Farmers’ Market Operator: “West Coast Farmers Market Association has now collected more than 5,000 signatures in support of our Sunday Market … Secondly I have asked for a Street Closure on Torre Ave. I’m wanting to work with the City and have your Council hit. Home run . Your Residents are asking why did Sta ff Present such Bogus Expenses when the Creek Side Park is being rented out for $1.00 a year! With your permission I will put together the best a
ended and loved Community Service Market Cupertino has ever seen. I request a meeting with City Sta ff and to be added to your Council Meeting agenda.” - Support leer from West Valley Community Services: “To underscore the impact of WCFMA, over the two-year period from June 1, 2022, to May 31, 2024, the market has donated nearly 245,000 pounds of produce, including baked goods. This remarkable contribution highlights the market’s role in combating food insecurity within our community.” 2024-07-29 Residents near the 10231 Adriana Avenue expressed concerns about the site that has been rezoned in the Housing Element
- Sample emails from the residents
- Sta
ff response to my questions
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2024-08-16 Spoke to residents who are concerned about the lane reduction on De Anza Blvd due to the construction of Buffered Bike Lanes
- Email from resident: “I am a 35-year resident of Cupertino living on Rodrigues Ave. A recent news article on San Jose Spotlight brought to my a
ention a very concerning change to De Anza
Blvd slated for construction later this month. I am asking that you please postpone this project until City Council has had a chance to further study its impact on all residents and local businesses.”
- The resident emailed the City Manager and the City A
orney to state that the project
approval process is inappropriate: “This CIP was originally approved by City Council in the FY2022-2023 budget on June 9, 2022, with a budget modi fi cation and contract awarded on April 16, 2024. In both instances, when Sta ff presented this project to City Council for budget approval, there was speci fi cally no mention of lane reductions that would occur on De Anza Blvd to accommodate the bu ff ered bike lanes. This was a blatant omission of a key element to this project that would have likely changed or garnished additional discussion from City Council on the project's merits.” -
2024-08-18 Aended a meeting hosted by the developer of the 20739 Sco field Drive, where a Builder’s Remedy/SB 330 pre-application has been filed to build 23 units on an R1 lot. - According to Cupertino Property Information), the site has 0.19 acre and the currently allowed density is 1-5 units/acre, (according to Cupertino Property Information) - The developer expressed a willingness to reduce the units to 8-10 units if possible. But some neighbors wish it remained an R1 site or duplex with up to 4 units. - About 20-30 residents a ended the meeting. The main concerns are tra ffic safety for students going to school at Faria Elementary School, which is an alternative program, where most students do not live in the neighborhood. Another concern is a reduction in property value when such multifamily projects appear in a neighborhood.
2024-08-21 Aended Cupertino Sanitary District Meeting at the request of a resident who is concerned about a request from the Rise (formerly Vallco) to reduce the sewage fees from $21M a minimal payment by threatening a lawsuit
- One resident wrote “First and foremost, your other customers must not subsidize this project. … The Vallco owners have just negotiated away $77M of the over $120M in City-fees for their Rise project and now they're looking to reduce their sewer-system fees of an estimated $21M. What will be next?
We need to make sure that they pay their fair share. Single family homes are already paying over $700 annually in property taxes to the Cupertino Sanitary District. If Vallco's costs are higher than the fees they're paying, our taxes will go up.”
- The le
er from VPO (Vallco Property Owners) to the Sanitary District states: “Despite this limited scope of the proposed horizontal work, the District has recently indicated this work will trigger the requirement to pay the full Sewer Development and Treatment Plant Capacity Fees (referred 4 221
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to as the “Fees” here) required for the enƟre project. We understand that the Fees are estimated to total $21.6 million (which assumes the initial phase of the project’s retail component will be 100% made up of restaurant uses). … To that end, VPO proposes to provide $1,000,000 to the District as a good faith deposit at the Ɵme of issuance of the main permit for the horizontal work.” - My comment at the Sanitary District meeting: “ All that means is just that any rule/policy that applies to all developers should be applied to all developers. Those who have the power to litigate should not be given any leeway that other developers do not get.

I have heard from other developers that Sanitary District is very strict in applying the adopted policies and ensuring full sewage fees are paid ahead of time before any horizontal construction can start, not just before permits are pulled
Before you give in to the demand of one developer, please consider whether the same relaxed rules would be applied to all other projects?” (from the Comment) 2024-08-22 Unhoused Update from Cupertino Emergency Manager Tom Chin on cleanup of encampment
- “The City of Cupertino conducted a coordinated encampment resolution at Saich Way near Target on August 19, 2024. … The City posted a notice to vacate three business days in advance at the location. The notice informed the individual that any abandoned personal property would be collected and stored for up to 90 days with instructions to retrieve the items.” (From the Update) - “In light of the recent Supreme Court decision in Grants Pass v. Johnson, the City will evaluate the legal and practical options for addressing the encampment in coordination with the County and adjacent jurisdictions. Please note that continuous removal of encampments will incur additional expenses for safe handling, debris removal, and storage of items of apparent value.

The City will continue to monitor the situation and respond to any health and safety issues that may arise.” (from the Update)
2024-08-22 Commented at the CUSD Board Meeting for the options on Finch Property to clarify that the role of Parkland Impact Fund versus the General Fund, at the request of community members - At the annual update of properties owned by CUSD (presentation), the district has invited a consultant to present options for the Finch property, the site next to Sedgwick Elementary School, formerly called Sedgwick Expansion site, which CUSD purchased in 2015. - 1.5 acres and zoned Low Density 1-5 units/acre
- Among the 4 options proposed, the second option is city acquisition with the statement “CUSD staff informed City has no funding”. But the Council has never discussed this option.
- I wrote to the CUSD Board (email) to clarify that the Parkland Impact Fees are paid by each development project, which is different from the General Fund. There is certainly enough funding from the Parkland Impact Fees of approved, not built and future projects planned in the Housing Element. The Council decides how to spend the funding. - The Presentation includes pro forma analysis of the cost of construction, options to develop as residential projects (to exchange with for-profit developers) or workforce housing, and the potential income generated or subsidies required for these options. 5 222
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2024-08-24 Kids Fun Festival at Memorial Park, hosted by community organizations of Taiwanese Americans
- It is great to see the Kids Fun Festival return to Cupertino after they held it at TECO in Milpitas, which I also a ended.
- There are booths from 10 di fferent nations, including Israel, Iran, Japan. India and some smaller countries, such as Cambodia, Lao, and Uzbekistan.
- Our friendly firemen made a stop with fire truck, in addition to many other fun activities for kids. 2024-08-25 interview with Monta Vista High student on the Rise (formerly Vallco) project for their student magazine El Estoque
- Office Space: I shared that the project has 2 million square feet of o ffice space, which would likely accommodate 10,000 workers, with the industry standard of 200 sq. ft. per worker. Even with 50 people per bus load, that would mean 200 bus load of people who will commute to the site daily, since usually no more than 5% workers live within walking distance of their jobs. - The student is curious how tall The Rise will be. I shared that the Vallco Shopping Mall had a height limit of 45-60 feet before, but the 2014 City Council (with 4:1 vote) removed that height limit when they gave away the 2 million sq.ft. o
ffice space. They had a chance to restore the
height limit in November 2017 when SB 35 was signed into law and will be enacted in Jan. 1 2018, but the majority of the 2017 Council (with 3:2 vote) refused to restore height limit or remove the office allocation. These irresponsible decisions by these previous City Councilmembers have resulted in a SB 35 project with a large amount of o ffice space to worsen the housing crisis, with no height limit.
- Building Height: Since the SB 35 project and its revision would not need the Council approval, I had to look up the Plan Set of the Nov. 2013 revision to find out the building height. The tallest building will be 18 stories tall with a height of 409 feet. My email response included screenshots from the Nov. 2013 Plan Set.
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- Green space: The student mentioned that other sources told her that The Rise gave the city 10 acres of green space in the Settlement Agreement. I did not think that information was accurate.

Thus, I shared the information with screenshots from the Nov. 2013 Plan Set and the Se lement Agreement to show that the Se lement did not o ffer the city any additional greenspace then proposed. The total “public open space” (not parkland nor green space) is 7.48 acres, which consist of small pieces of open space here and there.
- “City agrees that based on the Project program as approved, the Project yields a parkland demand of 9.61 acres, as calculated based on the City’s requirement of three acres of park per 1,000 residents and the average household size of 1.8 person per multifamily unit." (From the Se
lement Agreement) Out of the 7.38 acres, about 3.5 acres seem to be park or turfed area.
- The so-called “bene fits payments” mentioned in the Settlement Agreement does not cover the full amount of Parkland Impact Fees that VPO (Vallco Property Owner) should have paid the city, as any other developer, if they did not threaten the city with a lawsuit to force the city to se le.
-
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2024-08-26 Agenda request denied for for the discuss lane reduction for the De Anza Bu ffered Bike Lane project
- Multiple residents have wri en in to request the Council discuss the lane reduction for the De Anza Bu ff ered Bike Lane project
- A resident has wri en to point out that the project description presented to the Council when they approved it did not mention anything about the lane reduction. This is a change of scope for the project.
- To ensure that the community understand the rationale for the lane reduction and to ensure the Council understand the project being implemented, I have requested the item to be placed on the September 4th Council agenda since the agenda is pre
y light next week. Since the project is
going to be constructed soon, we cannot wait until the quarterly review of TBD agenda requests.

Thus, I made the request directly to the Mayor, who replied “Sta ff will be distributing an informational memo on the De Anza design this week.”
Section 2: Commiee Assignment
2024-08-21 A ended Historic Society Board Meeting as an alternate for Councilmember Hung Wei
- I suggested ideas on how to collaborate with the city to increase visibility for events.

Section 3: Other Information of Interest to My Constituents:

1. Recordings of Commission Meetings : Starting in June, commission meetings will be recorded for viewing later, although no teleconferencing to allow remote participation. - Find the recordings here under each commission.

2. SB 330 Preliminary Application and Builders’ Remedy Projects - An info memo is published on July 25: “Sco fi eld Drive SB330 Preliminary Application pursuant to Builder’s Remedy” was posted (The memo was requested by the Council at the July 2 Council meeting after hearing public concerns on the project)
- The memo also includes a list of eight SB330 applications received so far. Four of them are utilizing the Builders’ Remedy (BR) provisions of HAA". Here are their descriptions.
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3. Housing Element Update:
- Highlights of the HE: 4,588 units are required for the HE, but the current HE has planned 5,881 units, about 28% more than required . (May 14 Agenda Item 1, Minutes) - By not counting 1,500 units in already approved projects and underestimating the realistic capacity for mixed use projects (counting only 70%), Cupertino upzoned 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.
- Some R1 lots in residential neighborhoods are upzoned to R3-TH designation to allow 5-10 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)
- Broken HE Process so far… .
- The
final draft of the Housing Element and the General Plan amendment are approved by the majority of the Council on May 14. Unfortunately, the environmental impact analysis has minimal information, even though we are looking at an unprecedented growth rate with over 6,200 units to be permi ed in 8
years.
- Although this is the first Council meeting where the draft Housing Element is on the agenda for discussion, there were no wri en answers provided from the sta ff, as normally provided for other items on the Council agenda. Given the time constraints, only a few questions were covered on the dais. Thus, many questions from the community and the council members still left unanswered:
- Here are some questions submi ed and some with answers: 15 more questions without answers, questions are corner lots with answers, additional questions from the community without answers. - Latest: The ordinance to upzone properties is adopted at the July 2 Council meeting (Agenda Item 7, Minutes)
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- The sta ff recommendation already meets all legal standards and HCD’s requirements, but Cupertino adopted an ordinance to upzone thes HE sites plus unnecessary provisions proposed by Councilmembers Fruen and Wei to relax the zoning standards.
- Chao moved and Moore seconded to approve the sta ff recommended action with minor adjustments. The motion did not pass. Councilmembers Fruen and Wei proposed several signi ficant revisions to relax the zoning standards after the public comment closed, which increased allowed floor-area-ratio, increased allowed lot coverage, reduced parking standards. reduced setback and given the sta ff authority to make more changes to increase “ flexibility”. The Council voted 3-2 to pass the much relaxed zoning standards.
- Next Step: There will be design standard updates, such as R2 standards for the corner lots. and other ordinances to implement the policies outlined in the Housing Element.

3. Information Memo posted on the City website:

City Council Informational Memos are now available on the City website. The information can be accessed from the City website at cupertino.org/memos and the City Councilmembers page. You can also find the page via the “Our City” banner and by entering search terms in the “Search the Site” box at the top of the website. Anyone may use the eNotification signup to receive informational memo updates by email.

4. How to Search an agenda item:

A community member showed me a way to search for items on the past city meetings:
● Go to this page: h
ps://cupertino.legistar.com/Calendar.aspx
○ Make sure that “Calendar” is selected from the top row of tabs and the “List View” is selected from the bo om row of tabs.
○ Enter the search term, such as “investment report”. Choose the year or select “ All Years”
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(Last Activity Report in the July 2, 2024 Council Meeting Agenda.) 12 229
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1 CITY COUNCIL ACTIVITY REPORT
Meeting: September 4, 2024

Reporting Councilmember:

Vice Mayor J.R. Fruen

Report Activity Dates: 7/9/24
to 8/26/24

Event Date, Title, and Description:

Event 1. July 12, 2024 – Meeting with the City Manager – I attended my regular weekly meeting with the City Manager to go over upcoming council agendas and to discuss ongoing issues, including constituent matters.

Event 2. July 25, 2024 – Reception Dinner for Taichung Sister City Delegation – At the request of the Mayor, I filled in to receive our friendship city guests from Taichung at Joy Dumpling— an establishment whose owner hails from Taichung. The event was well attended and underscored the cultural and personal links our two cities.

Event 3. July 27, 2024 – Ribbon-cutting Ceremony for YogaSix – Together with Mayor Mohan and representatives from Asm. Low’s office, I attended a Chamber-sponsored ribbon cutting ceremony to celebrate the opening of the newest yoga studio in Cupertino—YogaSix.

Event 4. July 28, 2024 – Tour of 19400 Stevens Creek Boulevard – Alongside Mayor Mohan, I took a tour of 19400 Stevens Creek Boulevard, which the city has considered purchasing as an interim city hall location.

Event 5. July 30, 2024 – Follow-up Meeting with City Manager and City Attorney – I met with the City Manager and City Attorney in follow-up to a prior one-on-one discussion with the City Manager.

Event 6. August 1, 2024 – Meeting with the City Manager – I attended my regular weekly meeting with the City Manager to go over upcoming council agendas and to discuss ongoing issues, including constituent matters
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2 Event 7. August 6, 2024 – Cupertino-Toyokawa Sister Cities Association Bell-Ringing for Peace – I stepped in for Mayor Mohan to help the Cupertino-Toyokawa Sister Cities Association in hosting their annual Bell-Ringing for Peace event at Memorial Park. The event commemorates the precise moment of the nuclear bombings that hit Toyokawa during the Second World War and reaffirms our commitment as peoples to preventing war in the future.

Event 8. August 8, 2024 – Valley Transportation Authority Policy Advisory Committee Meeting – I attended this meeting in my capacity as Cupertino’s representative on the Policy Advisory Committee. Agenda materials for the meeting are available here.

Event 9. August 8, 2024 – Cities Association of Santa Clara County JPA Legislative Action Committee and Board Meetings – In the absence of Mayor Mohan, I attended both the LAC and the Board meeting as Cupertino’s representative to the Cities Association. The LAC discussed a number of bills under consideration in Sacramento and offered positions for the Board to take in addition to receiving an update from Assemblymember Gail Pellerin. The Board’s discussion included a legislative update from the Association’s lobbyist in Sacramento as well as significant discussion of Regional Measure 4 (RM4), the Bay Area Housing Finance Authority’s (BAHFA) bond to support affordable housing development. The Board formed a subcommittee to interface with the County on the distribution of potential funds. I was appointed to the subcommittee. LAC materials are available here; Board meeting materials are available here.

Event 10. August 14, 2024 – Santa Clara County City Managers’ Meeting – In my capacity as a member of the Cities Association subcommittee on RM4, I was invited to attend this monthly roundtable of city managers to receive an update on the status of RM4. That same day, the BAHFA Board voted to withdraw RM4 in order to preserve resources to support Proposition 5.

Event 11. August 15, 2024 – India Flag Raising Ceremony – Together with Mayor Mohan and Councilmember Moore, along with dignitaries and electeds from other cities, I participated in a ceremonial flag raising to celebrate the independence of the Republic of India. The event was well-attended despite the extraordinary heat.

Event 12. August 16, 2024 – Meeting with the City Manager – I attended my regular weekly meeting with the City Manager to go over upcoming council agendas and to discuss ongoing issues, including constituent matters.

Event 13. August 21, 2024 – Meeting with CUSD Superintendent Yao and Faria Elementary School Principal – I met with the superintendent of the Cupertino Union School District and 231
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City Council Councilmember Activity Report

3 the principal of Faria Elementary School to discuss community concerns about a builder’s remedy preliminary application for the development of a 23-home project on Scofield Drive.

Event 13. August 22, 2024 – CUSD Groundbreaking for Green Energy Infrastructure – At the invitation of the Cupertino Union School District, I attended the ceremonial groundbreaking for new clean energy infrastructure at Muir Elementary School. The District estimates that it will make significant energy cost savings over time as a result of the project, freeing it to reinvest funds into children’s education.

Event 14. August 23, 2024 – Meeting with the City Manager – I attended my regular weekly meeting with the City Manager to go over upcoming council agendas and to discuss ongoing issues, including constituent matters.

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1 CITY COUNCILMEMBER REPORT
Meeting:  September 4, 2024

Reporting Councilmember:  Mayor Sheila Mohan

Report Dates:  7/9/24 to 8/26/24

Item Date, Title, and Description:

7/10/24: Attended the monthly breakfast meeting of the Cupertino Optimist Club and spoke to members  about  concerns  they  raised:  delay  in  Vallco  construction,  economic  development, housing for seniors.

7/17/24: The mayor’s Commissioner Meeting was held on Zoom.   Commissioners were informed about presentations to be made to the Council during the next 3 months.   We discussed attendance/quorum issues, and I gave an overview of items on future Council meetings:  Lawrence‐Mitty conceptual design, Housing Element, fences, possible Electrification Reach Code modifications, cybersecurity, Vision Zero an d the Lawson Middle School bike
lanes.

7/20/24: Attended the opening of this season’s Shakespeare in the Park held in Memorial Park.

A very wel
l attended community event, and an enjoyable performance of Shakespeare’s Tempest (“We are such stuff as dreams are made on”).  A testament to the partnerships that work so well together in the city.

7/22/24: Welcomed the APALI Taiwan college students to Cupertino. Made a brief spee ch  with
an overview of Cupertino city administration, and things to do in the City.

7/22/24: Attended the Audit Committee Meeting at which we received the Internal Audit and Fraud, Waste and Abuse programs update, performance report of the OPEB and Pension Trust, the quarterly Treasurer’s Investment Report and the pr
oposed  Audit schedule and Work plan.
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2 7/23/24: Welcomed the Xianning delegation.  Staff did an excellent job of organizing the event, with tour of the Civic Center, video presentation of City highlights and dinner with the group.

7/24/24: Participated in zoom discussions with local area high school students about climate change, sustainability, and transportation initiatives.

7/25/24: Welcomed the Mayor of Taichung, a friendship city, and her delegation.

7/27/24: I was honored to participate in the ribbon cutting and grand opening of YogaSix.  This small busin
ess is located in the Cupertino Village and is the third in the South Bay.

7/29/24: Staff organized a tour of the building on Stevens Creek which has been discusse d for
possible purchase by the City while the present City Hall is retrofitted and redesigned.

7/29/24: Participated in an interview by local high school students on Cupertino’s public transportation options and emphasized the need to use and expand the SV Hopper, reduce reliance on autos and use walk/bi
ke options to get around where feasible.

7/31/24: Attended the monthly West Valley Mayors and Managers’ meeting – mayors from Campbell, Saratoga, Los Gatos, and Monte Sereno provided updates on City happenings, and we discussed ballot measures on the November ballot including many revenue enhancement measures proposed by South Bay cities.

8/13/24: Made some remarks to a group of residents about climate‐related awareness in south bay cities – and referenced Cupertino’s Clim
ate Action Plan, its involvement in SVCE (Silicon
Valley Clean Energy) and the many accolades the city has received from Energy groups.

8/14/24:  Attended the monthly m eeting of the SVCE Board of Directors.  A special study session on affordability issues associated with electricity and gas usage was held where SVCE staff explained reasons for high energy bills for consumers.

8/15/24:  Along with Vice Mayor Fruen, Councilmember Moore and several local elected officials, I was honor ed to participated  in the flag raising ceremony on the occasion of India ‘s Independence Day.   The Deputy Consul‐General of India, Rakesh Adlakha assisted in the flag raising.

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3 8/16/24:  Together with City Manager Wu, I attended the Santa Clara County Mayor’s meeting hosted by San Jose Mayor Matt Mahan.   Cupertino’s initiative to enhance the Neighborhood Block Program was recognized and commended by the group of mayors.   The program’s focus on ways to reduce resident’s isolation and bring neighborhoods together was the hig hlight of the meeting.

8/19/24: Attended a dinner with SVCE staff and directors to discuss future initiatives concerning clean energy.

8/24/24: Along with Vice Mayor Fruen and Councilmembers Chau and Moore, I was honored to participate in the annual Kids Fun Festival organized by several Taiwanese groups.   This was a well‐attended community event and featured dances, music , food vendors and the
presence of many elected officials.

8/24/24:  The Cupertino Toyokawa Sister City group hosted a get together in Linda Vista Park in honor of Mr. Imaizumi, visiting from Toyokawa, Japan. A very meaningful and emotional gathering because Mr. Imaizumi and his wife had been involved since the inc eption of the
sister city relationship.  Mrs. Imaizumi passed away recently, and Mr. Imaizumi wanted to honor her memory by visiting Cupertino along with his children and grandchildren.

8/26/24:  I was grateful to be invited to Morningstar, West San Jose, to speak before the residents about questi
ons they had about Cupertino, the City Council and City Management, and community amenities available for residents.

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1 CITY COUNCIL ACTIVITY REPORT
Meeting: September 4, 2024

Reporting Councilmember: Councilmember Kitty Moore

Report Activity Dates: 7/4/24 to 8/26/24

Event Date, Title, and Description:

Recap for July:

July 4, 2024. Reprised the Wonder Woman costume from 2022 for this year’s 4 th of July
Parade at Memorial Park and enjoyed the activities and band while celebrating our nation’s birthday! Hope we have fireworks back again!

July 8, 2024. Jollyman All-Inclusive Playground Groundbreaking. This new playground will be an incredible asset for our community and a great step towards inclusivity in our recreational spaces. After many years, it is exciting to see the work getting started.

July 9, 2024. Closed and Open City Council Meetings.

Council Break Summary. I completed the Environmental Studies Basic and Advanced 236
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2 Certificate program at the end of June, which covered CEQA, EIRs, Phase I Environmental Site Assessments, Climate Change, Design for the Environment, ISO 14001, Municipal Solid Waste, and many other topics over the past 2.5 years of study.

Somewhat overlapping the environmental studies endeavor, I resumed paralegal studies. In mid-July I attended a moving one-year anniversary memorial for a community activist, Milind Makwana, who is so dearly missed. I have recently attended meetings for the Scofield and Linda Vista area projects to hear resident concerns and understand the projects better. I have also been studying the synthetic opioid issue and the impact sale of these illegal products has had on our community. I hope everyone had an opportunity to rest and reflect during this down-time.

August 24, 2024. Kid’s Fun Festival. I attended this really fun festival for kids of all ages at Memorial Park. There are booths from countries all over the world; if you have not had an opportunity to attend, please join next year as it is a great way to learn and connect. The photos are of Mrs. Taiwan, the Uzbekistan cultural presentation where I got to wear a queen’s ensemble, and our own Santa Clara County Fire Department where young and old alike could lift up the very heavy clothes and headgear our firefighters wear and appreciate the arduous work they do to protect us. There was plenty of food, entertainment, and global social fun at this popular annual event!

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