Cupertino City Council
November 19, 2024

CC 11-19-2024
Oral
Communications
Written Communications
From: Kitty Moore
To: City Clerk
Subject: Fw: Cupertino City land has been misappropriated for development - Making the community unsafe Date: Tuesday, November 19, 2024 6:19:16 PM
Please include this as written communications for the City Council meeting.

Thank you,
Kitty Moore
Kitty Moore
Councilmember
City Council
[email protected]
(408) 777-1389
From: Theresa Horng <[email protected]>
Sent: Tuesday, November 19, 2024 6:16 PM
To: Sheila Mohan <[email protected]>; Hung Wei <[email protected]>; Kitty Moore <[email protected]>; J.R. Fruen <[email protected]>; Liang Chao <[email protected]>; Tina Kapoor <[email protected]>; Pamela Wu <[email protected]> Cc: [email protected] <[email protected]>; Neeta Malkani Next Door <[email protected]>; [email protected] <[email protected]>; Theresa Horng <[email protected]>; Santosh Rao <[email protected]> Subject: Cupertino City land has been misappropriated for development - Making the community unsafe
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Dear City Major Mohan, Vice Mayor, all City Council members and City manager staff:

We (our neighbors) would like to report that City Lot APN 326 17 004 has been misappropriated for development without city authority. The lot is in the FEMA Hazard Flood zone. A group of special interest individuals have been moving the hillside soil to create a path leading to the Stevens Creek Blvd exit, which has resulted in numerous crime attempts in our neighborhood.

I demand the city restore the area to its natural habitat and seal the fence with a "No Trespassing" sign.

I created a PDF file to explain the situation. I've tried to invite city staff to meet with us and address the issue of sealing the fence. Unfortunately, no one cares to seal the fence at this time.

I urgently request Cupertino City take action on this matter. If no action is taken, I will contact a news reporter to expose how the City is allowing a special interest group to act freely, showing disregard for our community's safety.

See attached pdf file.

Community Safety Issues - City Government land
has been misappropriated for development.pdf
CC my neighbors who impact safety.

Best regards,
Theresa Horng
Cupertino Resident
[email protected]
408-772-2328
CC 11-19-2024
Item No. 7
Resolution amending
the Conflict of Interest
Code
Written Communications
From: Kitty Moore
To: City Clerk; Pamela Wu; Kirsten Squarcia; Lauren Sapudar Subject: Please Remove Item 7 from Consent and Include Written Communications Date: Tuesday, November 19, 2024 11:35:32 AM
Attachments: Conflict of Interest Levels Pages from B - Draft Resolution and Conflict of Interest Code (redline).pdf Resolution Sunnyvale.pdf
Dear City Clerk and City Manager,
Please pull Item 7 from Consent.

Thank you for reducing the categories. Please see the attached pages from the redline along with Sunnyvale’s categories and include both with this email.

One way to simplify the Admin. portion of the table and be consistent with our neighboring city Sunnyvale, and remedy the discrepancies within the commissions compared to one another and staff would be to put them all at 1. Sustainability, for instance may not have been considered in a deliberative discussion in the past relative to a paid employee handling public funds as needing extra scrutiny. In the interest of time, and for consistency relative to our neighbors along with being transparent for the public, making them all category 1 can provide that solution as opposed to discussing each position individually, line by line, and then doing check back comparisons for logic and necessity.

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

APPENDIX A

DESIGNATED POSITIONS AND

APPLICABLE REPORTABLE INTEREST CATEGORIES
Title Assigned Disclosure Category

ADMINISTRATIVE SERVICES, FINANCE & HUMAN RESOURCES
Director of Administrative Services
(Treasurer)
1 (Gov. Code § 87200 filer)
Finance Manager (Deputy City
Treasurer)
1 (Gov. Code § 87200 filer)
Human Resources Manager 2
Budget Manager 2
Purchasing Manager 2
Senior Management Analyst 53
Human Resources Analyst I/II 53
Accountant I/II 53
Senior Accountant 53
Account Clerk I/II 53
Accounting Technician   53

APPOINTED OR ELECTED OFFICIALS & COMMISSIONS
City Council 1 (Gov. Code § 87200 filers)
Audit Committee 2
Bicycle Pedestrian Commission   41
Arts and Culture Commission   41
Housing Commission 1
Library Commission 41
Parks and Recreation Commission 41
Planning Commission 1 (Gov. Code § 87200 filers)
Public Safety Commission 41
Sustainability Commission 41
Technology, Information, &
Communications Commission
3 CITY ATTORNEY’S OFFICE
City Attorney 1 (Gov. Code § 87200 filer)

Appendix B

DISCLOSURE CATEGORIES AND DEFINITIONS

1. FULL DISCLOSURECategory 1
What to report? All investments, positions in business entities, sources of income (including gifts, loans, and travel payments), and interests in real property.

What Form 700 schedules? All Schedules (A through E)

2. ALL INCOMECategory 2
What to report? All investments, positions in business entities, and sources of income (including gifts, loans, and travel payments).

What Form 700 schedules? A, C, D, E

3. CITY‐RELATED INCOMECategory 3
What to report? All investments, positions in business entities, and sources of income (including gifts, loans, and travel payments) from sources of the type that provide services, supplies, materials, machinery or equipment to the Cityif the source provides goods or services of the type utilized by or subject to the review or approval of the City.

What Form 700 schedules? A, C, D, E

4. CITY‐RELATED INCOME, REAL PROPERTY
What to report? All investments, positions in business entities, and sources of income (including gifts, loans, and travel payments) if the source provides goods or services, of the type utilized by or subject to the review or approval of the City and all interests in real property.

What Form 700 schedules? All Schedules (A through E)

5. DEPARTMENT‐RELATED INCOME
What to report? All investments, positions, in business entities, and sources of income (including gifts, loans, and travel payments) if the source provides goods or services of the type utilized by or subject to the review or approval of the department in which that person is employed.

What Form 700 schedules? A, C, D, E

6. DEPARTMENT‐RELATED INCOME & REAL PROPERTY
What to report? All investments, positions in business entities, and sources of income (including gifts, loans, and travel payments) if the source provides DRAFT 9/9/2020 RLM
T-OCC-160250/49368 1
Council Agenda:

Item No.:

RESOLUTION NO. ______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF SUNNYVALE AMENDING THE CONFLICT OF

INTEREST CODE FOR DESIGNATED CITY OFFICERS
AND EMPLOYEES (RESOLUTION NO. 905-18) AS

REQUIRED BY THE POLITICAL REFORM ACT AND

REGULATIONS OF THE FAIR POLITICAL PRACTICES

COMMISSION
WHEREAS, the Political Reform Act requires certain City officials specified in section 87200 of the California Government Code, to file economic disclosure forms (“Form 700”) and abstain from making or participating in governmental decisions which have a reasonably foreseeable material effect on an economic interest; and WHEREAS, the Political Reform Act requires the City to adopt a local conflict of interest code that enumerates specific City positions other than those specified in Government Code section 87200 which involve making or participating in making decisions which have a reasonably foreseeable material effect on an economic interest, and to designate for each position the types of investments, business positions, interests in real property and sources of income which are reportable based on the scope of the decision-making authority of the position; and WHEREAS, on November 13, 2018, the City Council adopted a Conflict of Interest Code in compliance with the provisions of the Political Reform Act, Government Code Sections 81000, et seq., through the adoption of Resolution No. 905-18; and WHEREAS, the City Council has reviewed and considered administratively suggested changes to the listing of designated positions of City officials and employees, along with assigned disclosure categories, in the Conflict of Interest Code.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SUNNYVALE THAT:

1. Adoption of Conflict of Interest Code. The City of Sunnyvale Conflict of Interest Code, attached hereto as Appendix A and incorporated herein by this reference, is hereby adopted and includes the following:
(a) The Political Reform Act (Government Code Section 81000, et seq.) requires state and local government agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices Commission has adopted a regulation (2 California Code of Regulations Section 18730) that contains the terms of a standard conflict of interest code, which can be incorporated by reference in an agency’s code. After public notice and hearing, the standard code may be amended by the Fair Political Practices Commission to conform to amendments in Attachment 1

T-OCC-160250/49368 2
Council Agenda:

Item No.:
the Political Reform Act. Therefore, the terms of 2 California Code of Regulations Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference. This regulation and the attached Appendix, designating positions and establishing disclosure categories, shall constitute the conflict of interest code of the City of Sunnyvale, the Successor Agency to the Former Sunnyvale Redevelopment Agency, and the Oversight Board for the Successor Agency to the Former Redevelopment Agency.

Public officials and employees shall file Statements of Economic Interests (FPPC Form 700) with the City Clerk, who is designated as the Filing Officer. The City Clerk shall administer this Conflict of Interest Code at the local level and shall notify each public official and employee of his or her filing obligation. Public officials and employees are required to file an Assuming Office Statement when they assume a designated position, an Annual Statement each year and a Leaving Office Statement within thirty days of resignation or termination. Once filed the FPPC Form 700 is a public record and the City Clerk shall make all statements available for public inspection and reproduction, pursuant to Government Code Section 81008. Individuals holding designated positions shall file their statements of economic interests with the City, which will make the statements available for public inspection and reproduction (Gov. Code Sec. 81008). All statements will be retained by the City.
(b) As the code reviewing body for the Successor Agency to the Former Redevelopment Agency of the City of Sunnyvale and the Sunnyvale Finance Authority, the City Council has determined that the Successor Agency and Finance Authority (i) are not new agencies for the purposes of the Political Reform Act; (ii) do not require the adoption of separate conflict of interest codes; and (iii) will be covered by the City’s Conflict of Interest Code as amended hereto.
(c) Filing statements. Designated officials and employees shall file Statements of Economic Interests in compliance with the provisions of California Code of Regulations Section 18730(b)(5).

Attachment 1

T-OCC-160250/49368 3
Council Agenda:

Item No.:

Adopted by the City Council at a regular meeting held on ___________, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

RECUSAL:

ATTEST: APPROVED:
__________________________________ _________________________________ City Clerk Mayor
(SEAL)
APPROVED AS TO FORM:
___________________________________
City Attorney
Attachment 1

1 CITY OF SUNNYVALE – CONFLICT OF INTEREST CODE

DESIGNATED CITY POSITIONS REQUIRED TO FILE
Position Disclosure Category
Accountant 1
Administrative Analyst 1
Administrative Librarian 1
Administrative Services Manager 1
Affordable Housing Manager 1
Applications Analyst/Project Coordinator I/II 1
Applications Development Manager 1
Assistant City Attorney 1
Assistant City Engineer 1
Assistant City Manager 1
Assistant Director of Community Development 1
Assistant Director of Finance 1
Assistant Director of Public Works/City Engineer 1
Assistant to the Director of Parks and Recreation 1
Assistant Planner 1
Associate Planner 1
Budget Analyst I/II 1
Building Inspector I/II 1
Buyer I/II 1
Chief Building Official 1
Chief Information Officer 1
City Clerk 1
City Property Administrator 1
Civil Engineer 1
Civilian Assistant Fire Marshal 1
Civilian Fire Marshal 1
Communications Officer 1
Community Resources Manager 1
Community Services Manager 1
Deputy City Attorney 1
Deputy Chief Public Safety 1
Deputy City Clerk 1
Deputy City Manager 1
Director of Community Development 1
Director of Environmental Services 1
Director of Employment Development 1
Director of Human Resources 1
Director of Library and Community Recreation Services 1 Director of NOVA Workforce Services 1
Director of Public Safety 1
Director of Public Works 1
Economic Development Manager 1
Employment Training Manager 1
Environmental Compliance Inspector 3

EXHIBIT A
Attachment 1

2 Environmental Engineering Coordinator2
Environmental Programs Manager1
Finance Manager1
Fire Protection Engineer3
Fire Protection Inspector3
Fleet Manager2
Golf Operations Manager2
Hazardous Materials Coordinator3
Hazardous Materials Inspector3
Housing Programs Analyst1
Housing Officer1
Housing Programs Technician1
Human Resources Analyst1
Human Resources Manager1
Information Technology Coordinator1
Information Technology Services Manager1
Laboratory/Pretreatment Manager1
Library Circulation Manager1
Management Analyst1
Manager of Business Operations Manager2
Manager of Job Seeker Services Manager1
Neighborhood Preservation Manager1
Operations Manager: Facilities3
Parks Manager2
Payroll Supervisor1
Permit Technician1
Permit Center Coordinator1
Permit Center Manager1
Plan Check Engineer1
Plan Checker I/II1
Planning Officer1
Principal Accountant1
Principal Buyer1
Principal Human Resources Analyst1
Principal Network & Systems Engineer1
Principal Planner1
Principal ProgrammerApplications Analyst/Project Manager1 Principal Storekeeper1
Principal Transportation Engineer/Planner1
Programmer Analyst1
Public Safety Captain1
Public Safety Communications Manager1
Public Safety Deputy Chief1
Public Safety Records Manager1
Public Works Construction Inspector3
Public Works Supervisor2
Purchasing Officer1
Recreation Manager1
Regulatory Programs Division Manager1
Attachment 1

3 Risk Manager 1
Senior Accountant 1
Senior Assistant City Attorney 1
Senior Applications Analyst/Project Coordinator 1
Senior Building Inspector 1
Senior Buyer 1
Senior Construction Inspector/Coordinator 1
Senior Engineer 1
Senior Environmental Compliance Inspector 1
Senior Environmental Engineer 1
Senior Hazardous Materials Inspector 1
Senior Housing Rehabilitation Specialist 1
Senior Human Resources Analyst 1
Senior Environmental Compliance Inspector 1
Senior Environmental Engineer 1
Senior Construction Inspector/Coordinator 1
Senior Management Analyst 1
Senior Plan Check Engineer 1
Senior Planner 1
Senior Traffic Engineer 1
Senior Transportation Engineer 1
Senior Transportation Planner 2
Street Operations Manager 1
Solid Waste Contract Administrator 2
Solid Waste Programs Division Manager 1
Storekeeper/Buyer 1
Storekeeper I/II 1
Superintendent of Facilities Maintenance 1
Superintendent of Libraries 1
Superintendent of Parks and Golf 1
Superintendent of Community Services 1
Superintendent of Public Works Operations 1
Superintendent of Recreation Services 1
Supervising Librarian 1
Transportation and Traffic Manager 1
Urban Landscape Manager 1
Utility Billing Manager 1
Wastewater Operations Manager 1
Water and Sewer Systems Division Manager 1
Water Operations Manager 1
Laboratory/Pretreatment Manager 1
Water Pollution Control Maintenance Manager 1
Water Pollution Control Operations Manager 1
Water Pollution Control Plant Division Manager 1
Youth and Family Resources Manager 1
Newly created positions between conflict code amendments As applicable* Consultants As applicable**
Retired Annuitants As applicable***
Attachment 1

4 Casual Employees performing work similar to a designated position As applicable*** Designated appointees:

Member, Board of Building Code Appeals 1
Member, Heritage Preservation Commission 1
Member, Housing and Human Services Commission 1
Member, Executive Director, Successor Agency Attorney, Secretary and Treasurer to Successor Agency to the Former Sunnyvale Redevelopment Successor Agency
1 Member, Executive Director, Authority Attorney, Secretary and Treasurer to Sunnyvale Financing Authority
1 State Required Filers:

The following positions are NOT covered by the code because they must file under Government Code Section 87200 and are listed for informational purposes only:

Councilmembers 1
City Attorney 1
City Manager 1
Director of Finance 1
Member, Planning Commission 1
An individual holding one of the above listed positions (State Required Filers) may contact the Fair Political Practices Commission for assistance or written advice regarding their filing obligationsif they believe that their position has been categorized incorrectly. The Fair Political Practices Commission makes the final determination whether a position is covered by section 87200.

Attachment 1

5 CITY’S CONFLICT OF INTEREST CODE

DISCLOSURE CATEGORIES
Category 1
A designated employee in this category must report all investments, interests in real property owned in the City of Sunnyvale, sources of income including gifts, loans and travel payments, and business entities in which he or she is a director, officer, partner, trustee, employee or holds any position of management.

Category 2
A designated employee in this category must report sources of income including gifts, loans and travel payments, and business entities in which he or she has an investment or is a director, officer, partner, trustee, employee or holds any position of management, if the business entity or source of income is of the type which has done business with the City of Sunnyvale within the previous two years.

Category 3
A designated employee in this category must report sources of income including gifts, loans and travel payments, and business entities in which he or she has an investment or is a director, officer, partner, trustee, employee or holds any position of management, if the business entity or source of income is of the type which within the previous two years has provided services, equipment, lease space, materials or supplies to the City. * City Clerk to work with appropriate department and City Attorney to determine appropriate disclosure category for any newly created position.
**Consultants and/or Casual employees are included in the list of designated positions and shall disclose pursuant to Category 1, subject to the following limitation:

The City Manager may determine in writing that a particular consultant, although a "designated position," is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements in this section. Such written determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure requirements. The City Manager's determination is a public record and shall be retained for public inspection in the same manner and location as this Conflict of Interest Code. (Gov. Code Section 81008.)
***Retired annuitants may be included in the list of designated employees when the City Manager, or his or her designee, determines that they are performing work that is the functional equivalent of a designated position. If such a determination is made, then disclosure shall be pursuant to the disclosure category requir4eed by this Code for the comparable designated staff position.

Attachment 1

CC 11-19-2024
Item No. 8
Ratifying Accounts
Payable for October
25, 2024
Written Communications
From: Kitty Moore
To: City Clerk; Kirsten Squarcia; Lauren Sapudar
Cc: Liang Chao
Subject: Agenda Item 8 Written Communications
Date: Tuesday, November 19, 2024 1:27:13 PM
Attachments: image001.png
24-046 Yord, LLC. for Professional Consultant Agreement.pdf Dear City Clerk,
Please include this email and the attached Yord, LLC contract for agenda item 8 written communications.

Thank you,
Kitty Moore
Kitty Moore
Councilmember
City Council
[email protected]
(408) 777-1389
VR Decarb

PROFESSIONAL/ CONSULTING SERVICES AGREEMENT

1. PARTIES
This Agreement is made by and between the City of Cupertino, a municipal corporation (“ City”), and Yord, LLC (“Contractor”), a Corporation for VR Decarb, 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 June 30, 2025 (“ Contract Time”), unless terminated earlier as provided herein. Contractor’ s Services shall begin on the effective date and shall be completed by June 30, 2025. The City’ s appropriate department head or the City Manager may extend the Contract Time through a written amendment to this Agreement, provided such extension does not include additional contract funds. Extensions requiring additional contract funds are subject to the City’ s purchasing policy.

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

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

VR Decarb

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 112,000.00 (“ Contract Price”), based upon the scope of services in Exhibit A and the budget and rates included in Exhibit C, Compensation attached and incorporated here. The maximum compensation includes all expenses and reimbursements and will remain in place even if Contractor’ s actual costs exceed the capped amount. No extra work or payment is permitted without prior written approval of City.

4.2 Invoices and Payments. Monthly invoices must state a description of the deliverable completed and the amount due for the preceding month. Within thirty ( 30) days of completion of Services, Contractor must submit a requisition for final and complete payment of costs and pending 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 VR Decarb

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.

VR Decarb

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

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

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

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

11. INDEMNIFICATION

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

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 discretion and without notice, purchasing insurance for Contractor and deducting the costs from Contractor’ s compensation or terminating the Agreement.

13. COMPLIANCE WITH LAWS

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

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

VR Decarb

13.3 Discrimination Laws. Contractor shall not discriminate on the basis of race, religious creed, color, ancestry, national origin, ethnicity, handicap, disability, marital status, pregnancy, age, sex, gender, sexual orientation, gender identity, Acquired- Immune Deficiency Syndrome AIDS), or any other protected classification. Contractor shall comply with all anti-discrimination laws, including Government Code Sections 12900 and 11135, and Labor Code Sections 1735, 1777, and 3077.5. Consistent with City policy prohibiting harassment and discrimination, Contractor understands that harassment and discrimination directed toward a job applicant, an employee, a City employee, or any other person, by Contractor or its employees or sub- contractors will not be tolerated. Contractor agrees to provide records and documentation to the City on request necessary to monitor compliance with this provision.

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

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

14. PROJECT COORDINATION
City Project Manager. The City assigns Teri Gerhardt 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 Adam Rajnoha as its single Representative for all purposes under this Agreement, with authority to oversee the progress and performance of the Scope of Services. Contractor’ s Project manager is responsible for coordinating and scheduling the Services in accordance with the Scope of Services and the Schedule of Performance. Contractor must regularly update the City’ s Project Manager about the progress with the work or any delays, as required under the Scope of Services. City written approval is required prior to substituting a new Representative.

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

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16. TERMINATION
City may terminate this Agreement for cause or without cause at any time. Contractor will be paid for satisfactory Services rendered through the date of termination, but final payment will not be made until Contractor closes out the Services and delivers the Work Product.

17. GOVERNING LAW, VENUE, AND DISPUTE RESOLUTION
This Agreement is governed by the laws of the State of California. Any lawsuits filed related to this Agreement must be filed with the Superior Court for the County of Santa Clara, State of California. Contractor must comply with the claims filing requirements under the Government Code prior to filing a civil action in court. If a dispute arises, Contractor must continue to provide the Services pending resolution of the dispute. If the Parties elect arbitration, the arbitrator’ s award must be supported by law and substantial evidence and include detailed written findings of law and fact.

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

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

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

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

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

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

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

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

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

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

Cupertino, CA 95014
Attention: Teri Gerhardt
Email: terig@Cupertino. org
To Contractor:

Yord, LLC
2108 N St. #6377
Sacramento, CA 95816
Attention: Adam Rajnoha
Email: adam@yordstudio. com

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.

SIGNATURES CONTINUE ON THE FOLLOWING PAGE
Christopher D. Jensen
Teri Gerhardt
Teri Gerhardt
CTO
May 10, 2024
May 10, 2024
Project Charter
Project Charter Template Version 1.0Page 1
Project Name: Write out the entire, specific name. Include an acronym if appropriate.

VR DECARB
Sponsor Bill Mitchell, Ursula Syrova
Project Manager Teri Gerhardt
Project Objective Statement: What must the project do? By When? Keep this statement to 25 words or less. Make it SMART Specific, Measurable, Achievable, Relevant, and Time-based).

Develop the VR DECARB, a virtual reality (VR) simulation for the community to “walk through” an all-electric home and learn about the home’s features, benefits, and how to decarbonize their home. The virtual home will be a simulated environment where customers can interact with objects sourced from SVCE’s Appliances Assistant. These household features will include 1) an induction cooktop (2) an electric water heater (3) electric vehicle charging (4) a home battery power supply (5) Electric HVAC system. The simulation will start with harmful air particles floating in the air, that are generated from gas appliances. As the user visits each feature, they ‘upgrade’ to all-electric and see the air particles disappear to show the air quality improve.

The virtual environment will be a way to develop familiarity with a zero-emissions home without needing any investments. The VR DECARB system will be available at Cupertino festivals, Block Parties and available as requested by the community. The associated software assets can be made available to any SVCE member agency under a Creative Commons or similar opensource license, with the intent to evolve, promote and increase the adoption of VR public engagement tools in SVCE’s service territory.

Project Deliverables: What is the project going to produce? Create a list of tangible products that will result from project.

The City will contract with a digital media company to produce a high-quality product. This company would:

Create a 3D model of the house.

Program the required motion features and video elements.

Ensure that the program software is compatible with high-quality hardware/equipment.

Add the audio and language options to the VR Experience capture the user's email during the experience. This will enable the City to send residents " next steps" and direct them to the SVCE eHub ( https://svcleanenergy. org/ehub/).

Create the VR Application in a format we can download on each device.

The city would need to:

Select and purchase virtual reality goggles and headset.

Hire translation services to make these features available to a broader audience and available in Mandarin and Hindi.

Record and program the voiceover features.

Business Reasons: Why is this project important? How does it support the organization? In a recent survey, the City of Cupertino (the City) asked our community to identify the barriers to widespread, effective climate action. One of the top barriers identified was the low level of education and understanding of climate change in the community. By providing an engaging way to learn about decarbonization, the city can address concerns to support increased equity and diversity in the public engagement. Given the many complex choices, money, and emotions involved in upgrading a home, now is the time to bring this advanced technology to the forefront. By educating people about all-electric homes in a familiar setting, we can help people reduce decision paralysis, demystify the home decarbonization process, and create a healthier environment. Creating a virtual reality simulation of a decarbonized home will create this familiar and comfortable setting needed to increase the adoption of electric appliances.

EXHIBITS A & B
Project Charter
Project Charter Template Version 1.0Page 2
We anticipate that over 900 people will be able to experience this virtual reality simulation per year. Here are a few examples of how we have engaged with the community in the past.

1. City events/community festivals: Over 3000 individuals attended the Earth and Arbor Day Festival in 2022, and we expect that number to continue growing in the coming years.

2. Block Leader Parties: a network of Cupertino residents who are not only passionate but are also connected and trusted within their community. Block Leaders host events called Block Parties so neighbors can get to know each other and learn about community resources.

3. Other jurisdiction's events in the SVCE region; - We propose making the VR environment available to other SVCE member agencies under an open-source license. We are excited not only to test the effectiveness of this engagement tactic but also to encourage other agencies to build upon this capability.

4. Pop-up events. - As an extension of tabling at various events, the VR DECARB could be available to share with any community group that wished to have us there as a presenter or tabling partner.

We would advertise the availability through various City communication channels, including social media, newsletters, Block Leader meetings, and County jurisdiction meetings.

Customer: Who are you doing the project for?
Cupertino Residents, Residents in the broader Silicon Valley Clean Energy Region Customer Benefits: What customer requirements does this project address? Relate these to: increase revenue, avoid costs, improve service, and/ or comply with a mandate? Create a short list of customer benefits.

Household decarbonization involves personal and complex choices. To address uncertainties, the City of Cupertino plans to enhance community education with engaging virtual reality simulations of all-electric homes, fostering equity and informed decisions.

Project Background: Describe how this became a project. What is the primary motivation for this project? Include a brief high level description of the business area, the current situation, the desired situation, and the gaps that exist.

Virtual reality (VR) is an effective educational tool that can drive behavior change. VR is memorable, and Silicon Valley communities are receptive to advanced technology as a demonstration tool, as seen in similar projects.

The average resident is immersed in high levels of visual stimulation. The project team first considered an engagement experience could be done as a 2D video, which Cupertino has a demonstrated history of producing successfully. The team realized that as streaming video has saturated our day-to-day lives, a more unique experience is needed to generate a memorable activity and promote the desired behavior change. Informed by academic research showing VR is an effective educational tool. Research has shown that a unique experience with educational VR can have a more significant impact on individuals' thoughts and behaviors.

Cupertino and the greater Silicon Valley Clean Energy region are known as leaders for their advanced technology. We, as the city, need to keep up with this demand for advanced technology used for engagement and education that can be widely accessible to all individuals.

VR is currently being used in many applications such as construction, real estate transactions, interior design, and technical training. Other sustainability efforts have used VR in their engagement efforts, for example the City of Santa Cruz partnered with Stanford’s Virtual Human Interaction Lab to visualize sea level rise in the urban environment. Additionally, Cupertino has implemented several augmented reality (AR) engagement opportunities that have been well received.

One of the sources of inspiration for this project came from the 2022 Cupertino Earth and Arbor Day festival, where the most popular partner booth by far was from Camp Integem, a local Cupertino business that provides VR and AR education Project Charter
Project Charter Template Version 1.0Page 3
resources for children and teens. This booth attracted hundreds of interested people, and their service offerings are consistently in high demand. This indicates a high level of interest in this approach.

Project Scope:

In Scope: List areas and functionality included in the project. Out of Scope: List areas and functionality not included in the project.

The City will contract with a digital media company to
produce a high-quality product. This company would:

Create a 3D model of the house.

Program the required motion features and video
elements.

Ensure that the program software is compatible
with high-quality hardware/equipment.

The city would need to:

Selection and purchase of Virtual reality goggles
and headset
Hire translation services to make these features
available to a broader audience and available in
Mandarin and Hindi.

Anything beyond these stated tasks and responsibilities, i.e., any additional tasks not mentioned or not directly contributing to the completion of the project objectives, would be considered out of the project scope.

Record and program the voiceover features.

Assumptions and Constraints: What assumptions were made in defining the project? Are there constraints to the execution of project? List any basic assumptions and constraints.

The project will be complete and ready to use for the 6 months after the initial kick off meeting.

Availability of VR Technology: It is assumed that the necessary VR hardware and software, such as VR headsets and motion controllers, will be readily available and compatible with the chosen VR platform.

Adequate Hardware Performance: The VR hardware and equipment are assumed to have sufficient performance capabilities to deliver a smooth and immersive VR experience for users.

Accessibility of 3D Models: The project assumes that accurate and detailed 3D models of the all-electric home are available or can be created to support the VR walk-through.

Technical Expertise: It is assumed that the project team possesses the required technical expertise in VR development, content creation, and software integration.

Compatibility with All-Electric Home Features: The VR walk-through is assumed to accurately represent and showcase the features and functionality of the all-electric home.

Content Development Effort: It is assumed that sufficient time and resources will be allocated for the development of high-quality and interactive VR content for the home walk-through.

Market Acceptance: The project assumes that there is a demand and interest in VR all-electric home walk-throughs from potential buyers and real estate stakeholders.

Major Milestone Targets: What events measure progress? E.g. Initiation Approved, Analysis Complete.

Milestone
Target time
frame as
related to
contract
signing
UX Story Boards & Wireframes Month 2
Final UX Approval Month 3
Project Charter
Project Charter Template Version 1.0Page 4
3D Environment Modeling Month 3
Development of Prototype Month 2
Testing Prototype Month 3
Final Product Development Month 4
Final Testing and Debugging Month 5
Final Product Delivery Month 6
Make Operational Month 6
Payment Schedule: Payment Plan Based on Milestones
Milestone
UX Story Boards & Wireframes 15%
Final UX Approval 10%
1st Prototype Delivery 30%
Final Product Delivery 35%
Resolution of punch list items after Go-Live or 1 month after Go-Live whichever is longer.
10%
Project Team Members
Team Member Organization Role
Teri Gerhardt City of Cupertino PM
Victoria Morin City of Cupertino Sustainability SME
Adam Araza City of Cupertino Technical SME
Makiko Hong City of Cupertino Technical SME
TBD City of Cupertino Communication SME
Rei Delgado City of Cupertino Video SME
Pete Coglianese City of Cupertino Video SME
Moya Developer Consultant PM
Moya Developer Consultant Developer
Charter Version Number: 1.0
Funding Information
Project Budget: $ 69,545 Person Hours: 220 staff hours
Contingency: $ 42,455 Contract Amount $ 112,000

EXHIBIT C
Exh. D-Insurance Requirements for Design Professionals & Consultant Contracts 1 Form Updated Jan. 2022
Consultant shall procure prior to commencement of Services and maintain for the duration of the contract, at its own cost and expense, the following insurance policies and coverage with companies doing business in California and acceptable toCity.

INSURANCE POLICIES AND MINIMUMS REQUIRED

1. Commercial General Liability (CGL) for bodily injury, property damage, personal injury liability for premises operations, products and completed operations, contractual liability, and personal and advertising injury with limits no less than $ 2,000,000 per occurrence ( ISO Form CG 00 01). If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO Form CG 25 03 or 25 04) or it shall be twice the required occurrence limit. a. It shall be a requirement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be made available to the Additional Insured and shall be (i) the minimum coverage/limits specified in this agreement; or (ii) the broader coverage and maximum limits of coverage of any insurance policy, whichever isgreater. b. Additional Insured coverage under Consultant's policy shall be " primary and non-contributory," will not seek contribution from City’ s insurance/self-insurance, and shall be at least as broad as ISO Form CG 20 10 (04/13).
c. The limits of insurance required may be satisfied by a combination of primary and umbrella or excess insurance, provided each policy complies with the requirements set forth in this Contract. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary basis for the benefit of City before the City’ s own insurance or selfinsurance shall be called upon to protect City as a named insured.

2. Automobile Liability: ISO CA 00 01 covering any auto (including owned, hired, and non-owned autos) with limits no less than $1,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation: As required by the State of California, with Statutory Limits and Employer’ s Liability Insurance of no less than $1,000,000 per occurrence for bodily injury ordisease.

Not required. Consultant has provided written verification of noemployees.

4. Professional Liability for professional acts, errors and omissions, as appropriate to Consultant’ s profession, with limits no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. If written on a claims made form:
a. The Retroactive Date must be shown and must be before the Effective Date of theContract. b. Insurance must be maintained for at least five (5) years after completion of theServices. c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the Contract Effective Date, the Consultant must purchase extended reporting” coverage for a minimum of five (5) years after completion of theServices.

EXHIBIT D
Insurance Requirements
Design Professionals & Consultants Contracts
Exh. D-Insurance Requirements for Design Professionals & Consultant Contracts 2 Form Updated Jan. 2022

OTHER INSURANCE PROVISIONS
The aforementioned insurance shall be endorsed and have all the following conditions and provisions:

Additional Insured Status
The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers Additional Insureds”) are to be covered as additional insureds on Consultant’ s CGL and automobile liability policies. General Liability coverage can be provided in the form of an endorsement to Consultant’ s insurance (at least as broad as ISO Form CG 20 10 (11/ 85) or both CG 20 10 and CG 20 37 forms, if later editions are used).

Primary Coverage
Coverage afforded to City/Additional Insureds shall be primary insurance. Any insurance or self-insurance maintained by City, its officers, officials, employees, or volunteers shall be excess of Consultant’ s insurance and shall not contribute to it.

Notice of Cancellation
Each insurance policy shall state that coverage shall not be canceled or allowed to expire, except with written notice to City 30 days in advance or 10 days in advance if due to non-payment of premiums.

Waiver of Subrogation
Consultant waives any right to subrogation against City/Additional Insureds for recovery of damages to the extent said losses are covered by the insurance policies required herein. Specifically, the Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of City for all work performed by Consultant, its employees, agents and subconsultants. This provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

Deductibles and Self-Insured Retentions
Any deductible or self-insured retention must be declared to and approved by the City. At City’ s option, either:
the insurer must reduce or eliminate the deductible or self-insured retentions as respects the City/Additional Insureds; or Consultant must show proof of ability to pay losses and costs related investigations, claim administration and defense expenses. The policy shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the insured or the City.

Acceptability of Insurers
Insurers must be licensed to do business in California with an A.M. Best Rating of A-VII, or better.

Verification of Coverage
Consultant must furnish acceptable insurance certificates and mandatory endorsements ( or copies of the policies effecting the coverage required by this Contract), and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements prior to commencement of the Contract. City retains the right to demand verification of compliance at any time during the Contract term.

Subconsultants
Consultant shall require and verify that all subconsultants maintain insurance that meet the requirements of this Contract, including naming the City as an additional insured on subconsultant’ s insurance policies.

Higher Insurance Limits
IfConsultant maintains broader coverage and/or higher limits than the minimums shown above, Cityshall be entitled to coverage for the higher insurance limits maintained by Consultant.

Adequacy of Coverage
City reserves the right to modify these insurance requirements/coverage based on the nature of the risk, prior experience, insurer or other special circumstances, with not less than ninety (90) days prior written notice.

Unique Market Reference No. B173023C0I45002, B173023C0I45004 1999- 2024 CFC Underwriting Ltd, All Rights Reserved

CONTRACT NUMBERS AND CORRESPONDING LIST OF INSURERS
POLICY NUMBER: ESM0039934414
THE INSURED: Yord s.r.o.

INCEPTION DATE: 01 May 2024
Coverage: Cyber & Privacy, Professional indemnity E&O
Premium: USD12000.00
UMR: B173023C0I45002, of which theinsurers are:

Lloyd' s Insurance Company
S.A. 79.750000% USD9570.00 Bastion Tower, Marsveldplein 5, 1050Brussels, Belgium Zurich Insurance Europe AG 12.000000% USD1440.00 Platz der Einheit 2, Frankfurt, 60327, DE
Markel Insurance SE 3.750000% USD450. 00 Sophienstraße 26, München, 80333, DE
HDI Global Specialty SE 3.000000% USD360. 00 Podbielskistraße 396, Hannover, 30659, DE
Everest Insurance (Ireland)
DAC 1.500000% USD180. 00 3rd Floor, Huguenot House, 35-38 St. Stephen' s Green, Dublin, D02 NY63, IE Coverage: General liability
Premium: USD400.00
UMR: B173023C0I45004, of which the insurers are:

Lloyd' s Insurance Company
S.A. 73.750000% USD295.00 Bastion Tower, Marsveldplein 5, 1050Brussels, Belgium Markel Insurance SE 2.500000% USD10.00 Sophienstraße 26, München, 80333, DE
Everest Insurance ( Ireland)
DAC 6.500000% USD26. 00 3rd Floor, Huguenot House, 35- 38 St. Stephen' s Green, Dublin, D02 NY63, IE Zurich Insurance Europe AG 17.250000% USD69. 00 Platz der Einheit 2, Frankfurt, 60327, DE
Policy certificate
Insurance effected through the Coverholder:

CFC Europe S.A.

Levels 11 and 12, Bastion Tower
5 Place du Champs de Mars
1050 Brussels
PLEASE NOTE – This notice contains important information. PLEASE READ CAREFULLY.

The Coverholder acts as an agent of Lloyd’ s Insurance Company S.A. in performing its duties under the Coverholder Appointment Agreement with the Unique Market Reference stated within this Policy. This Policy comprises a Certificate, the Schedule, Wording and all other provisions and conditions attached and any endorsements issued.

The liability of an insurer under this contract is several and not joint with other insurers party to this contract. An insurer is liable only for the proportion of liability it has underwritten. An insurer is not jointly liable for the proportion of liability underwritten by any other insurer. Nor is an insurer otherwise responsible for any liability of any other insurer that may underwrite this contract.

The proportion of liability under this contract underwritten by an insurer is shown in this contract.

Although reference is made at various points in this clause to “this contract” in the singular, where thecircumstances so require this should be read as a reference tocontracts intheplural.

In Witness whereof this Certificate has been signed by:

Authorised Official
Please examine this document carefully. If it does not meet your needs, please contact your broker immediately. In all communications the policy number appearing overleaf should be quoted.

Unique Market Reference No. B173023C0I45002, B173023C0I45004 1999- 2024 CFC Underwriting Ltd, All Rights Reserved

SCHEDULE
POLICY NUMBER: ESM0039934414
UNIQUE MARKET REFERENCES: B173023C0I45002
B173023C0I45004
THE INSURED: Yord s.r.o.

ADDRESS: Kižíkova 163/ 33
0 186 00
Czech Republic
THE UNDERWRITERS: Underwritten by Lloyd' s Insurance Company S.A. and other insurers
THE INCEPTION DATE: 00:01 Local Standard Time on 01 May 2024 THE EXPIRY DATE: 00:01 Local Standard Time on 01 May 2025 TOTAL PAYABLE: USD13, 000.00
Broken down as follows:

Premium: USD12, 400.00
Policy Administration Fee: USD600.00
TECHNOLOGY SERVICES: Virtual, augmented and metaverse software development.

LEGAL ACTION: Worldwide
TERRITORIAL SCOPE: Worldwide
RETROACTIVE DATE( S):

Professional Liability: 01 May 2024
REPUTATIONAL HARM PERIOD: 12 months

INDEMNITY PERIOD
CYBER AND PRIVACY cover only):
12 months
WAITING PERIOD: 8 hours

OPTIONAL EXTENDED REPORTING
PERIOD:
12 months for 100% of applicable annualised premium

APPROVED CLAIMS PANEL
PROVIDERS:

Norton Rose Fulbright
DAC Beachcroft
CMS Cameron McKenna
CrowdStrike
DOSarrest
KPMG
Mandiant
Symantec
CLAIMS MANAGER: CFC Underwriting Limited
Please report all new claims to:
newclaims@cfc. com
CYBER INCIDENT RESPONSE LINE: Intheevent of an actual or suspected cyber incident please call our Cyber Incident Response Team onthetoll
Unique Market Reference No. B173023C0I45002, B173023C0I45004 1999- 2024 CFC Underwriting Ltd, All Rights Reserved
free 24-hour hotline number: +44 (0) 208 798 3134 or
email cyberclaims@cfc. com
CYBER INCIDENT MANAGER: CFC Underwriting Limited
WORDING: Technology ( RoW) v3.0
ENDORSEMENTS: Complaints Notice ( Czech Republic)
English Language Agreement Clause
Service of Suit Clause
Additional Insured Clause (Specified Third Party)
Bodily Injury And Property Damage Sub- Limit Clause
Products And Services Liability)
War and Cyber War Exclusion Clause
Unique Market Reference No. B173023C0I45002, B173023C0I45004 1999- 2024 CFC Underwriting Ltd, All Rights Reserved

SCHEDULE
INSURING CLAUSE 1: PROFESSIONAL LIABILITY

ALL SECTIONS COMBINED
Aggregate limit of liability: USD2, 000,000 in the aggregate SECTION A: PRODUCTS AND SERVICES LIABILITY
Limit of liability: USD2, 000,000 each and every claim, including costs and expenses
Deductible: USD5,000 each and every claim, including costs and expenses
SECTION B: BREACH OF CONTRACT
Limit ofliability: USD2,000,000 each and every claim, including costs and expenses
Deductible: USD5,000 each and every claim, including costs and expenses
SECTION C: SUB-CONTRACTOR VICARIOUS LIABILITY
Limit ofliability: USD2,000,000 each and every claim, including costs and expenses
Deductible: USD5, 000 each and every claim, including costs and expenses
SECTION D: INTELLECTUAL PROPERTY RIGHTS INFRINGEMENT AND DEFAMATION Limit ofliability: USD250,000 each and every claim, including costs and expenses
Deductible: USD5, 000 each and every claim, including costs and expenses
SECTION E: REGULATORY COSTS AND FINES
Limit of liability: USD250, 000 each and every claim, including costs and expenses
Deductible: USD5, 000 each and every claim, including costs and expenses
SECTION F: DISHONESTY OF EMPLOYEES
Limit of liability: USD2, 000,000 each and every claim, including costs and expenses
Deductible: USD5, 000 each and every claim, including costs and expenses
SECTION G: PAYMENT OF WITHHELD FEES
Limit of liability: USD2, 000,000 each and every claim, including costs and expenses
Deductible: USD5, 000 each and every claim, including costs and expenses
Unique Market Reference No. B173023C0I45002, B173023C0I45004 1999- 2024 CFC Underwriting Ltd, All Rights Reserved
INSURING CLAUSE 2: NETWORK SECURITY & PRIVACY LIABILITY

ALL SECTIONS COMBINED
Aggregate limit of liability: USD2, 000,000 in the aggregate SECTION A: NETWORK SECURITY LIABILITY
Limit of liability: USD2, 000,000 each and every claim, including costs and expenses
Deductible: USD5,000 each and every claim, including costs and expenses
SECTION B: PRIVACY LIABILITY
Limit of liability: USD2, 000,000 each and every claim, including costs and expenses
Deductible: USD5,000 each and every claim, including costs and expenses
SECTION C: MANAGEMENT LIABILITY
Limit ofliability: USD2,000,000 each and every claim, including costs and expenses
Deductible: USD5,000 each and every claim, including costs and expenses
SECTION D: REGULATORY INVESTIGATION COSTS
Limit ofliability: USD250,000 each and every claim, including costs and expenses
Deductible: USD5, 000 each and every claim, including costs and expenses
SECTION E: PCI FINES, PENALTIES AND ASSESSMENTS
Limit of liability: USD2, 000,000 each and every claim, including costs and expenses
Deductible: USD5, 000 each and every claim, including costs and expenses
INSURING CLAUSE 3: CYBER INCIDENT RESPONSE

ALL SECTIONS COMBINED
Aggregate limit of liability: USD2, 000,000 in the aggregate SECTION A: INCIDENT RESPONSE COSTS
Limit of liability: USD2, 000,000 each and every claim, including costs and expenses
Deductible: USD0 each and every claim, including costs and expenses
Unique Market Reference No. B173023C0I45002, B173023C0I45004 1999- 2024 CFC Underwriting Ltd, All Rights Reserved
SECTION B: LEGAL AND REGULATORY COSTS
Limit ofliability: USD2,000,000 each and every claim, including costs and expenses
Deductible: USD5,000 each and every claim, including costs and expenses
SECTION C: IT SECURITY AND FORENSIC COSTS
Limit ofliability: USD2,000,000 each and every claim, including costs and expenses
Deductible: USD5,000 each and every claim, including costs and expenses
SECTION D: CRISIS COMMUNICATION COSTS
Limit ofliability: USD2,000,000 each and every claim, including costs and expenses
Deductible: USD5, 000 each and every claim, including costs and expenses
SECTION E: PRIVACY BREACH MANAGEMENT COSTS
Limit of liability: USD2, 000,000 each and every claim, including costs and expenses
Deductible: USD5, 000 each and every claim, including costs and expenses
SECTION F: THIRD PARTY PRIVACY BREACH MANAGEMENT COSTS
Limit of liability: USD2, 000,000 each and every claim, including costs and expenses
Deductible: USD5, 000 each and every claim, including costs and expenses
SECTION G: POST BREACH REMEDIATION COSTS
Limit of liability: USD50, 000 each and every claim, including costs and expenses
Deductible: USD5, 000 each and every claim, including costs and expenses
INSURING CLAUSE 4: CYBER CRIME
SECTION A: ELECTRONIC THEFT OF YOUR FINANCIAL ASSETS

NO COVER GIVEN
SECTION B: ELECTRONIC THEFT OF THIRD PARTY FUNDS HELD IN ESCROW

NO COVER GIVEN
SECTION C: THEFT OF PERSONAL FINANCIAL ASSETS

NO COVER GIVEN
Unique Market Reference No. B173023C0I45002, B173023C0I45004 1999- 2024 CFC Underwriting Ltd, All Rights Reserved
SECTION D: EXTORTION
Aggregate limit of liability: USD2,000,000 intheaggregate, including costs and expenses
Deductible: USD5,000 each and every claim
SECTION E: TELEPHONE HACKING

NO COVER GIVEN
SECTION F: PUSH PAYMENT FRAUD

NO COVER GIVEN
SECTION G: UNAUTHORISED USE OF COMPUTER RESOURCES

NO COVER GIVEN
INSURING CLAUSE 5: SYSTEM DAMAGE AND BUSINESS INTERRUPTION

ALL SECTIONS COMBINED
Aggregate limit of liability: USD2, 000,000 in the aggregate SECTION A: SYSTEM DAMAGE AND RECTIFICATION COSTS
Limit of liability: USD2, 000,000 each and every claim, including costs and expenses
Deductible: USD5, 000 each and every claim
SECTION B: DIRECT LOSS OF PROFITS AND INCREASED COST OF WORKING Limit of liability: USD2, 000,000 each and every claim, including costs and expenses
Deductible: USD5,000 each and every claim
SECTION C: ADDITIONAL INCREASED COST OF WORKING
Limit ofliability: USD50,000 each and every claim, including costs and expenses
Deductible: USD5,000 each and every claim, including costs and expenses
SECTION D: DEPENDENT BUSINESS INTERRUPTION
Limit ofliability: USD2,000,000 each and every claim, including costs and expenses
Deductible: USD5,000 each and every claim, including costs and expenses
Unique Market Reference No. B173023C0I45002, B173023C0I45004 1999- 2024 CFC Underwriting Ltd, All Rights Reserved
SECTION E: CONSEQUENTIAL REPUTATIONAL HARM
Limit ofliability: USD2,000,000 each and every claim, including costs and expenses
Deductible: USD5,000 each and every claim, including costs and expenses
SECTION F: CLAIM PREPARATION COSTS
Limit ofliability: USD25,000 each and every claim, including costs and expenses
Deductible: USD0 each and every claim, including costs and expenses
SECTION G: HARDWARE REPLACEMENT COSTS
Limit ofliability: USD2,000,000 each and every claim, including costs and expenses
Deductible: USD5, 000 each and every claim, including costs and expenses
INSURING CLAUSE 6: GENERAL LIABILITY
SECTION A: PUBLIC LIABILITY
Limit ofliability: USD2,000,000 each and every claim, including costs and expenses
Deductible: USD1, 000 each and every claim, including costs and expenses
SECTION B: PRODUCTS LIABILITY
Aggregate limit of liability: USD2, 000,000 in the aggregate, including costs and expenses
Deductible: USD1, 000 each and every claim, including costs and expenses
SECTION C: PERSONAL AND ADVERTISING INJURY
Aggregate limit of liability: USD2, 000,000 in the aggregate, including costs and expenses
Deductible: USD1, 000 each and every claim, including costs and expenses
SECTION D: POLLUTION LIABILITY
Aggregate limit of liability: USD2, 000,000 in the aggregate, including costs and expenses
Deductible: USD1, 000 each and every claim, including costs and expenses
SECTION E: TENANTS’ LEGAL LIABILITY
Aggregate limit of liability: USD250, 000 in the aggregate, including costs and expenses
Deductible: USD1, 000 each and every claim, including costs and expenses
Unique Market Reference No. B173023C0I45002, B173023C0I45004 1999- 2024 CFC Underwriting Ltd, All Rights Reserved
INSURING CLAUSE 7: COMMERCIAL PROPERTY

NO COVER GIVEN
INSURING CLAUSE 8: BUSINESS INTERRUPTION

NO COVER GIVEN
INSURING CLAUSE 9: LOSS MITIGATION
Limit ofliability: USD2,000,000 each and every claim, including costs and expenses
Deductible: USD5,000 each and every claim
INSURING CLAUSE 10: REPUTATION AND BRAND PROTECTION
Aggregate limit of liability: USD100,000 intheaggregate, including costs and expenses
Deductible: USD0 each and every claim
INSURING CLAUSE 11: COURT ATTENDANCE COSTS
Aggregate limit of liability: USD100, 000 in the aggregate, including costs and expenses
Deductible: USD0 each and every claim
Unique Market Reference No. B173023C0I45002, B173023C0I45004 1999- 2024 CFC Underwriting Ltd, All Rights Reserved

OUR REGULATORY STATUS
CFC Europe S.A. is authorised and regulated by the Financial Services and Markets Authority FSMA). CFC Europe' s Firm Reference Number at the FSMA is 0711818068. These details may be checked by visiting the Financial Services and Markets Authority website at www.fsma.be/.

Lloyd' s Insurance Company S.A. is a Belgian limited liability company ( société anonyme / naamloze vennootschap) with its registered office at Bastion Tower, Marsveldplein 5, 1050 Brussels, Belgium and registered with Banque-Carrefour des Entreprises / Kruispuntbank van Ondernemingen under number 682.594.839 RLE (Brussels). It is an insurance company subject to the supervision of the National Bank of Belgium. Its Firm Reference Number( s) and other details can be found on www.nbb.be.

HOW TO COMPLAIN - CZECH REPUBLIC
We intend to provide an excellent service to you. However, we recognise that there may be occasions when you feel that this has not been achieved. If you are unhappy with any aspect of the service that you receive from us, please contact your insurance broker in the first instance, stating the nature of your complaint, the certificate and/ or claim number.

Alternatively, you can contact us directly at complaints@cfc. com or please write to:

Complaints
CFC Europe S.A
Levels 11 and 12, Bastion Tower
5 Place du Champs de Mars
1050 Brussels
Your complaint will be acknowledged, in writing, within 5 business days of the complaint being made.

A decision on your complaint will be provided to you, in writing, within 8 weeks of the complaint being made.

If you remain dissatisfied with the final response or if you have not received a final response within 8 weeks of the complaint being made, you may be eligible to refer your complaint to the Czech National Bank. The contact details are as follows:

Czech National Bank
Consumer Protection Department
Na Príkope 862/ 28
115 03 Prague 1
Czech Republic
Reg. No. 48136450
Tel: +420 224 411 111
Fax: +420 224 412 404
Green line
Tel: +420 800 160 170
E-mail: [email protected]
Website: www.cnb.cz/en/public/ contacts/ complaints- concerning- financialinstitutions/ index.html Unique Market Reference No. B173023C0I45002, B173023C0I45004 1999- 2024 CFC Underwriting Ltd, All Rights Reserved
If you have purchased your contract online you may also make a complaint via the EU's online dispute resolution ( ODR) platform. The website for the ODR platform is www.ec.europa. eu/odr.

The existence of this complaints procedure does not affect your right to commence a legal action or an alternative dispute resolution proceeding in accordance with your contractual rights.

Unique Market Reference No. B173023C0I45002, B173023C0I45004 1999- 2024 CFC Underwriting Ltd, All Rights Reserved

DATA PROTECTION NOTICE
We collect and use relevant information about you to provide you with your insurance cover or the insurance cover that benefits you and to meet our legal obligations. Where you provide us or your agent or broker with details about other people, you must provide this notice to them.

The information we collect and use includes details such as your name, address and contact details and any other information that we collect about you in connection with the insurance cover from which you benefit. This information may include more sensitive details such as information about your health and any criminal convictions you may have.

In certain circumstances, we may need your consent to process certain categories of information about you (including sensitive details such as information about your health and any criminal convictions you may have). Where we need your consent, we will ask you for it separately. You do not have to give your consent and you may withdraw your consent at any time. However, if you do not give your consent, or you withdraw your consent, this may affect our ability to provide the insurance cover from which you benefit and may prevent us from providing cover for you or handling your claims.

The way insurance works means that your information may be shared with, and used by, a number of third parties in the insurance sector for example, insurers, agents or brokers, reinsurers, loss adjusters, sub- contractors, regulators, law enforcement agencies, fraud and crime prevention and detection agencies and compulsory insurance databases. We will only disclose your personal information in connection with the insurance cover that we provide and totheextent required or permitted by law.

We will process individual insured’ s details, as well as any other personal information you provide to us in respect of your insurance cover, in accordance with our privacy notice and applicable data protection laws.

To enable us to use individual insured’s details in accordance with applicable data protection laws, we need you to provide those individuals with certain information about how we will use their details in connection with your insurance cover.

You agree to provide to each individual insured this notice, on or before the date that the individual becomes an individual insured under your insurance cover or, if earlier, the date that you first provide information about the individual to us.

We are committed to using only the personal information we need to provide you with your insurance cover. To help us achieve this, you should only provide to us information about individual insureds that we ask for from timetotime.

You have rights in relation to the information we hold about you, including the right to access your information. If you wish to exercise your rights, discuss how we use your information or request a copy of our full privacy notice, please contact us directly at dataprotection@cfc. com.

For more information about how we use your personal information please see our full privacy notice, which is available online on our website at:
http://www.cfc.com/ privacy
Unique Market Reference No. B173023C0I45002, B173023C0I45004 1999- 2024 CFC Underwriting Ltd, All Rights Reserved

ENGLISH LANGUAGE AGREEMENT CLAUSE

ATTACHING TO POLICY
NUMBER:

ESM0039934414
THE INSURED: Yord s.r.o.

WITH EFFECT FROM: 01 May 2024
I hereby confirm my request that the present document and any other document and correspondence pertaining to the present insurance be inthe English language.

SUBJECT OTHERWISE TO THE TERMS AND CONDITIONS OF THE
POLICY
Unique Market Reference No. B173023C0I45002, B173023C0I45004 1999- 2024 CFC Underwriting Ltd, All Rights Reserved

SERVICE OF SUIT CLAUSE

ATTACHING TO POLICY
NUMBER:

ESM0039934414
THE INSURED: Yord s.r.o.

WITH EFFECT FROM: 01 May 2024
We agree that all summonses, notices or processes requiring to be served upon us for the purpose of instituting any legal proceedings against us in connection with this Insurance will be properly served if addressed to us and delivered to us care of:

AdaStone SRL
Chaussée de la Hulpe 166
1170 Brussels
Belgium
who in this instance, have authority to accept service on our behalf.

By giving the above authority we do not renounce our right to any special delays or periods of time to which we may be entitled for the service of any such summonses, notices or processes by reason of our residence or domicile.

SUBJECT OTHERWISE TO THE TERMS AND CONDITIONS OF THE
POLICY
Unique Market Reference No. B173023C0I45002, B173023C0I45004 1999- 2024 CFC Underwriting Ltd, All Rights Reserved

ADDITIONAL INSURED CLAUSE (SPECIFIED THIRD PARTY)

ATTACHING TO POLICY
NUMBER:

ESM0039934414
THE INSURED: Yord s.r.o.

WITH EFFECT FROM: 01 May 2024
It is understood and agreed that the following amendments are made to this Policy:

1. The following DEFINITION is added:

Additional insured” means:

NEOM
Saudi Arabia
City of Cupertino
US

2. In respect of the “ Additional insureds” CONDITION, additional insureds are included as a third party.

3. The following CONDITION is added:

Notice of cancellation to additional insureds
If we give you notice of cancellation in accordance with the Cancellation” CONDITION, we will endeavor to provide the same notice of cancellation to the additional insureds; however, not doing SUBJECT so willOTHERWISE not place anyTOadditional THE TERMSliability ANDupon CONDITIONS us. OF THE POLICY
Unique Market Reference No. B173023C0I45002, B173023C0I45004 1999- 2024 CFC Underwriting Ltd, All Rights Reserved

BODILY INJURY AND PROPERTY DAMAGE SUB-LIMIT CLAUSE (PRODUCTS AND

SERVICES LIABILITY)

ATTACHING TO POLICY
NUMBER:

ESM0039934414
THE INSURED: Yord s.r.o.

WITH EFFECT FROM: 01 May 2024
It is understood and agreed that in respect of INSURING CLAUSE 1 SECTION A only), the following sub-limit will apply to all claims arising out of bodily injury or property damage, and not the applicable limit of liability stated in the Schedule:

Limit of liability: USD 250,000 each and every claim,
including costs and
expenses. This sub-limit
is a part of and not in
addition to the
applicable limit of
liability.

SUBJECT OTHERWISE TO THE TERMS AND CONDITIONS OF THE
POLICY
Unique Market Reference No. B173023C0I45002, B173023C0I45004 1999- 2024 CFC Underwriting Ltd, All Rights Reserved

WAR AND CYBER WAR EXCLUSION CLAUSE

ATTACHING TO POLICY
NUMBER:

ESM0039934414
THE INSURED: Yord s.r.o.

WITH EFFECT FROM: 01 May 2024
It is understood and agreed that the following amendments are made to this Policy:

1. The "War" EXCLUSION is deleted in its entirety and replaced with the following:

War and cyber war
arising directly or indirectly out of:
a. war; or
b. cyber war.

However, part b. above will not apply to:
a. theINCIDENT RESPONSE COSTS SECTION; and
b. that part of any claim relating to any computer systems which are physically located outside of an impacted state.

2. The following DEFINITIONS are added:

Cyber war" means
any unauthorised access to or electronic attack on computer systems, carried out by or on behalf of a state, that directly results in another state becoming an impacted state.

Impacted state" means
any state that suffers a major detrimental impact onits:
a. ability tofunction; or
b. defence and security capabilities;
as a direct result of any unauthorized access to or electronic attack on computer systems, carried out by or on behalf of another state.

State" means
sovereign state.

War" means
any physical:
a. war, invasion, acts of foreign enemies, hostilities or warlike operations ( whether war is declared or not), civil war, rebellion, insurrection, civil commotion assuming the
Unique Market Reference No. B173023C0I45002, B173023C0I45004 1999- 2024 CFC Underwriting Ltd, All Rights Reserved
proportions of or amounting to an uprising, military or usurped power; or
b. action taken incontrolling, preventing, suppressing or in any way relating to a. above.

SUBJECT OTHERWISE TO THE TERMS AND CONDITIONS OF THE
POLICY
Professional Consultant Agreement with Yord,
LLC.

Final Audit Report 2024- 05-10
Created: 2024- 05-10
By: Marilyn Pavlov ( marilynp@cupertino. org)
Status: Signed
Transaction ID: CBJCHBCAABAAF3D_ NuvT0uXHdsKWyWJEEoKYf6mswDpw Professional Consultant Agreement with Yord, LLC." History Document created by Marilyn Pavlov ([email protected]) 2024- 05- 10 - 0:23:28 AM GMT- IP address: 69.209. 31.163 Document approved by Marilyn Pavlov ([email protected]) Approval Date: 2024- 05-10 - 0:25:50 AM GMT - Time Source: server- IP address: 69.209. 31.163 Document emailed to Araceli Alejandre ( aracelia@cupertino. org) for approval 2024- 05- 10 - 0:25:52 AM GMT
Marilyn Pavlov ([email protected]) added alternate approver Teri Gerhardt ([email protected]). The original approver Araceli Alejandre ([email protected]) can still approve. 2024- 05- 10 - 2:51:06 PM GMT- IP address: 64.165. 34.3 Document emailed to Teri Gerhardt ([email protected]) for approval 2024- 05- 10 - 2:51:06 PM GMT
Email viewed by Teri Gerhardt ([email protected])
2024- 05-10 - 2:55:31 PM GMT- IP address: 104. 47.73.254 Document approved by Teri Gerhardt ([email protected]) Approval Date: 2024- 05-10 - 2:55:41 PM GMT - Time Source: server- IP address: 64.165. 34.3 Document emailed to Christopher Jensen ([email protected]) for signature 2024- 05- 10 - 2:55:42 PM GMT
Email viewed by Christopher Jensen ([email protected]) 2024- 05- 10 - 2:58:20 PM GMT- IP address: 104. 47.73.254 Signer Christopher Jensen ([email protected]) entered name at signing as Christopher D. Jensen 2024- 05- 10 - 3:15:59 PM GMT- IP address: 136. 24.22.194 Document e-signed by Christopher D. Jensen ( christopherj@cupertino. org) Signature Date: 2024- 05-10 - 3:16:01 PM GMT - Time Source: server- IP address: 136. 24.22.194 Document emailed to Bill Mitchell ([email protected]) for signature 2024- 05- 10 - 3:16:03 PM GMT
Marilyn Pavlov ([email protected]) added alternate signer [email protected]. The original signer Bill Mitchell ([email protected]) can still sign.
2024- 05- 10 - 3:27:53 PM GMT- IP address: 64.165. 34.3 Document emailed to [email protected] for signature
2024- 05-10 - 3:27:54 PM GMT
Email viewed by [email protected]
2024- 05- 10 - 4:00:18 PM GMT- IP address: 146. 75.154. 0 Signer [email protected] entered name at signing as Teri Gerhardt 2024- 05- 10 - 4:01:28 PM GMT- IP address: 64.165. 34.3 Document e-signed by Teri Gerhardt ([email protected]) Signature Date: 2024- 05-10 - 4:01:31 PM GMT - Time Source: server- IP address: 64.165. 34.3 Document emailed to Kirsten Squarcia ([email protected]) for signature 2024- 05- 10 - 4:01:32 PM GMT
Email viewed by Kirsten Squarcia ([email protected]) 2024- 05- 10 - 4:09:01 PM GMT- IP address: 104. 28.123. 101 Document e-signed by Kirsten Squarcia ([email protected]) Signature Date: 2024- 05-10 - 4:09:26 PM GMT - Time Source: server- IP address: 73.241.178.249 Agreement completed.
2024- 05- 10 - 4:09:26 PM GMT
From: Rhoda Fry
To: City Council; City Clerk
Subject: 11/19/24 City Council #8 Accounts Payable - please include under written communications Date: Tuesday, November 19, 2024 3:41:46 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Dear City Council,
Dear City Clerk, please include under written communications 11/19/24 City Council #8 Accounts Payable
I was taken aback by a couple of things in the accounts payable:

1. The City is continuing to buy SWAG. Why are we buying SWAG? We are in a STRUCTURAL DEFICIT. What were those glass mugs used for and other swag? We need to be more careful with our public money.

2. I found it quite odd that the City purchased items from Happy Donuts at a “wellness” event! Those two things don’t seem to go tother to me.

Thanks,
Rhoda Fry
CC 11-19-2024
Item No. 10
Mitigation Fee Act -
Annual & Five-Year
Report
Written Communications
From: Rhoda Fry
To: City Council; City Clerk
Subject: 11/19/24 City Council #10 Mitigation Fees - please include under written communications Date: Tuesday, November 19, 2024 3:46:01 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Dear City Council,
Dear City Clerk, please include under written communications 11/19/24 City Council #10 Mitigation Fees
I am concerned about the lack of efficiency of our BMR/Affordable Housing fund.

We should be able to do more with the money.

We also have yet to see a full accounting as to how the misallocation of funds was restored to appropriate accounts.

This dates back to February of this year when I noticed the inappropriate use of these funds for paying the YIMBY lawsuit which amounted to about $169K.

Thanks,
Rhoda Fry
CC 11-19-2024
Item No. 12
Award a contract to
Lifetime Activities Inc. for
Sports Center
Written Communications
From: Mary Green
To: City Council; City Clerk
Cc: [email protected]
Subject: CSC proposed changes
Date: Monday, November 18, 2024 11:50:22 AM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Dear City Clerk,
Please include the below in written communications for the 11/19/24 city council meeting:

As an annual pass holder of the Cupertino Sports Center I am writing to the city council to hold off approval of plans to convert courts 9 and 10 to pickle ball courts and the awarding of a long term contract to Lifetime Tennis to handle court reservations. These two issues should be more fully understood and with a new council taking over in the coming month they should handle this matter next term.

Some issues around the pickleball conversion pertain to parking availability. We are presently very limited at times for parking spots. Because pickleball courts hold more players compared to tennis in a smaller space there is potentially more people who will need to park their cars. The parking lot cannot accommodate so many players’ cars.

Thank you for your consideration.
—Mary
Mary Green
From: Peggy Griffin
To: City Council
Cc: City Clerk
Subject: 2024-11-19 City Council Meeting AGENDA ITEM 12 - 10yr Lifetime Activities $24M - PULL ITEM #12 Date: Sunday, November 17, 2024 11:53:14 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

PLEASE INCLUDE THIS EMAIL AND ANY ATTACHMENTS AS PART OF WRITTEN COMMUNICATIONS FOR THE ABOVE MEETING AGENDA ITEM.

Dear City Councilmembers,
REQUEST: Please PULL CONSENT ITEM #12-Lifetime Activities Inc contract.

REASONS:
$24M contract under CONSENT!!! Seriously!?!?
Buried in this contract are CIP projects that have NOT BEEN put on the Work Plan, or been discussed or been approved! They are being slipped in as part of a 20 page, 10- year contract!
Buried in this contract is an implied approval to convert Tennis Courts #9 and #10 to pickleball courts WITHOUT any public discussion or input! Pickleball courts are LOUD and invasive to the neighbors. This is a change in use with NO PUBLIC INPUT!
It’s a change in use at a place where the tennis courts are highly used! I have never seen the tennis courts empty!
Buried in this contract is the mention of installing new neighbor-friendly LED lights for Tennis Courts #16 and #17.

There is no CIP project for this change.

There is no design guidelines for this change.

It goes beyond the City Work Plan!
Financial Reporting – should include by the class reporting yet what is listed is “gross revenues”.
“Contractor’s right to give private lessons on any court” – there is no mention of the city’s compensation when this is done nor the city’s ability to reject this use since it is the contractor’s responsibility to schedule the courts! There is NO YEARLY REVIEW/EVALUATION on the contractor’s performance! No metrics to measure their success.

PLEASE PULL ITEM #12 and discuss this contract. At the very least Remove the CIP projects
Reduce the length of time of the contract.

Consider the alternative proposal.

Sincerely,
Peggy Griffin
From: Xindi Xu
To: Rachelle Sander; City Council; Pamela Wu; City Clerk Subject: Request to Pull Agenda Item 12 from Consent Calendar for Further Review Date: Sunday, November 17, 2024 7:16:37 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Dear Mayor Mohan, Cupertino City Council Members, City Manager Wu, and Parks & Rec Director Sanders,
I urge the City Council to pull Agenda Item 12 from the consent calendar for the 11/19/24meeting and, if possible, to continue the item to a future date when the newly elected council is in session.

Agenda Item 12 proposes substantial changes that should not be approved without thorough discussion.

Key Objection: Converting Tennis Courts to Pickleball
I strongly oppose the proposal to convert Courts 9 and 10 at the Cupertino Sports Center (CSC) from tennis to pickleball.

1. Historic Use: These courts have served tennis players for over 30 years.

2. High Demand: Courts are oversubscribed, with bookings filling up within seconds of opening each week.

3. Noise Concerns: Pickleball generates significant noise, disrupting nearby tennis activities.

4. Existing Facilities: Pickleball facilities are already available at Memorial Park and De Anza College.

5. Out-of-Town Usage: A majority of pickleball players at CSC come from outside Cupertino.

Concerns with Lifetime's Contract Renewal
A 10-year contract renewal for Lifetime is excessive and should be reconsidered. Contracts should be limited to five years or fewer to ensure better terms and vendor accountability.

Performance Issues with Lifetime:

1. Court Maintenance: Courts are not cleaned bi-weekly as required by the current contract. Logs and photographic evidence of compliance should be audited.

2. Reservations: The city should retain control of court reservations instead of outsourcing to Lifetime, whose service quality is subpar in other cities like Santa Clara and Sunnyvale.

3. Tennis Instruction: Lifetime’s programs have failed to produce players of high school junior varsity or varsity-level competency, unlike Gorin Tennis Academy, which has a proven record of excellence.

4. Capital Improvements: The promised $500,000 lacks clear details and member input, with pickleball courts being an unwanted proposal.

5. Past Damage: Court 12 was damaged by Lifetime’s improper use for non-tennis activities (e.g., hosting ping pong).

6. Revenue Sharing: A 10%-12% revenue share is insufficient. The city could achieve higher returns by exploring alternative vendors like Gorin or directly managing some services.

Recommendations:

1. Retain Tennis Courts: Do not convert Courts 9 and 10 from tennis to pickleball.

2. Revisit Vendor Options: Consider Gorin Tennis Academy for superior tennis instruction and revenue potential.

3. Shorter Contract Term: Limit any contract to five years or fewer.

4. Audit Performance: Evaluate Lifetime’s compliance with maintenance and service standards before renewal.

5. Transparent Improvements: Explicitly specify all
Capital improvements to CSC and limit these to be relevant and specific to the needs of CSC users with a focus on tennis court improvements.

Given these significant concerns, I respectfully request the Council to:

Pull Agenda Item 12 from the consent calendar.

Direct staff to continue the item to a later date for comprehensive review and reconsideration.

Thank you for your attention to this matter.

Sincerely,
Xindi Xu
From: Akshaya Padhi
To: Rachelle Sander; City Council; Pamela Wu; City Clerk Subject: Request to Pull Agenda Item 12 from Consent Calendar for Further Review Date: Sunday, November 17, 2024 6:32:39 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Dear Mayor Mohan, Cupertino City Council Members, City Manager Wu, and Parks & Rec Director Sanders,
I urge the City Council to pull Agenda Item 12 from the consent calendar for the 11/19/24meeting and, if possible, to continue the item to a future date when the newly elected council is in session.

Agenda Item 12 proposes substantial changes that should not be approved without thorough discussion.

Key Objection: Converting Tennis Courts to Pickleball
I strongly oppose the proposal to convert Courts 9 and 10 at the Cupertino Sports Center (CSC) from tennis to pickleball.

1. Historic Use: These courts have served tennis players for over 30 years.

2. High Demand: Courts are oversubscribed, with bookings filling up within seconds of opening each week.

3. Noise Concerns: Pickleball generates significant noise, disrupting nearby tennis activities.

4. Existing Facilities: Pickleball facilities are already available at Memorial Park and De Anza College.

5. Out-of-Town Usage: A majority of pickleball players at CSC come from outside Cupertino.

Concerns with Lifetime's Contract Renewal
A 10-year contract renewal for Lifetime is excessive and should be reconsidered. Contracts should be limited to five years or fewer to ensure better terms and vendor accountability.

Performance Issues with Lifetime:

1. Court Maintenance: Courts are not cleaned bi-weekly as required by the current contract. Logs and photographic evidence of compliance should be audited.

2. Reservations: The city should retain control of court reservations instead of outsourcing to Lifetime, whose service quality is subpar in other cities like Santa Clara and Sunnyvale.

3. Tennis Instruction: Lifetime’s programs have failed to produce players of high school junior varsity or varsity-level competency, unlike Gorin Tennis Academy, which has a proven record of excellence.

4. Capital Improvements: The promised $500,000 lacks clear details and member input, with pickleball courts being an unwanted proposal.

5. Past Damage: Court 12 was damaged by Lifetime’s improper use for non-tennis activities (e.g., hosting ping pong).

6. Revenue Sharing: A 10%-12% revenue share is insufficient. The city could achieve higher returns by exploring alternative vendors like Gorin or directly managing some services.

Recommendations:

1. Retain Tennis Courts: Do not convert Courts 9 and 10 from tennis to pickleball.

2. Revisit Vendor Options: Consider Gorin Tennis Academy for superior tennis instruction and revenue potential.

3. Shorter Contract Term: Limit any contract to five years or fewer.

4. Audit Performance: Evaluate Lifetime’s compliance with maintenance and service standards before renewal.

5. Transparent Improvements: Explicitly specify all
Capital improvements to CSC and limit these to be relevant and specific to the needs of CSC users with a focus on tennis court improvements.

Given these significant concerns, I respectfully request the Council to:

Pull Agenda Item 12 from the consent calendar.

Direct staff to continue the item to a later date for comprehensive review and reconsideration.

Thank you for your attention to this matter.

Sincerely,
Akshaya Padhi
From: HAROLD BARCLAY
To: Rachelle Sander; City Council; Pamela Wu; City Clerk Cc: [email protected]; Tak Young
Subject: City council meeting 11/19
Date: Sunday, November 17, 2024 12:07:56 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Dear City Clerk,
Please include the below in written communications for the 11/19/24 city council meeting.

I have played tennis at the CSC for more than 25 years. Recently it has become more and more difficult to get court time. I understand that there is a proposal to make two tennis courts into pickleball courts. Besides reducing tennis court availability which is already scarce, the consent loud bonging will disturb concentration on many of the other courts.

I understand that pickleball is sweeping the nation but I don’t want us tennis players to be swept away.

Best Regards,
Bud Barclay Cupertino resident since 1985
From: jack meyer
To: Rachelle Sander; City Council; Pamela Wu; City Clerk Subject: Request to Pull Agenda Item 12 from Consent Calendar for Further Review Date: Sunday, November 17, 2024 11:45:44 AM
Importance: High
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Dear Mayor Mohan, Cupertino City Council Members, City Manager Wu, and Parks & Rec Director Sanders,
I urge the City Council to pull Agenda Item 12 from the consent calendar for the 11/19/24meeting and, if possible, to continue the item to a future date when the newly elected council is in session.

Agenda Item 12 proposes substantial changes that should not be approved without thorough discussion.

Key Objection: Converting Tennis Courts to Pickleball
I strongly oppose the proposal to convert Courts 9 and 10 at the Cupertino Sports Center (CSC) from tennis to pickleball.

1. Historic Use: These courts have served tennis players for over 30 years.

2. High Demand: Courts are oversubscribed, with bookings filling up within seconds of opening each week.

3. Noise Concerns: Pickleball generates significant noise, disrupting nearby tennis activities. Noise is a huge issue when having tennis courts and pickleball courts together. It’s completely unacceptable to tennis players to have to listen to all that ball distracting noise. You may not think it’s a big deal until you’ve played tennis next to one, but it is.

4. Existing Facilities: Pickleball facilities are already available at Memorial Park and De Anza College.

5. Out-of-Town Usage: A majority of pickleball players at CSC come from outside Cupertino.

6. Find new spaces: I understand there is a demand for pickleball courts but taking tennis courts away is not the answer. Memorial park has a large amount of lawn area that could be changed over to provide exclusive pickleball access. Hybrid tennis/pickleball courts are not the answer either. It’s hard playing tennis on these hybrid courts because of the dual use of lines colored coded or not. It’s confusing and takes your focus away from the game.

7. Court 17 & 18: I believe courts 17 & 18 are currently being used as dual purposed courts. If anything were to be given to pickleball players, it should be those courts. They are away from the Tennis courts completely.

8. The Truth of the matter: No tennis courts should be given up for pickleball if we are going to be fair about this. As noted above line item #6, that football field sized area on the east side of Memorial park could easily accommodate multiple pickleball courts and still have a sizeable amount of field left for other use. This should be considered first.

Concerns with Lifetime's Contract Renewal
A 10-year contract renewal for Lifetime is excessive and should be reconsidered. Contracts should be limited to five years or fewer to ensure better terms and vendor accountability.

Performance Issues with Lifetime:

1. Court Maintenance: Courts are not cleaned bi-weekly as required by the current contract. Logs and photographic evidence of compliance should be audited.

2. Reservations: The city should retain control of court reservations instead of outsourcing to Lifetime, whose service quality is subpar in other cities like Santa Clara and Sunnyvale.

3. Tennis Instruction: Lifetime’s programs have failed to produce players of high school junior varsity or varsity-level competency, unlike Gorin Tennis Academy, which has a proven record of excellence.

4. Capital Improvements: The promised $500,000 lacks clear details and member input, with pickleball courts being an unwanted proposal.

5. Past Damage: Court 12 was damaged by Lifetime’s improper use for non-tennis activities (e.g., hosting ping pong).

6. Revenue Sharing: A 10%-12% revenue share is insufficient. The city could achieve higher returns by exploring alternative vendors like Gorin or directly managing some services.

Recommendations:

1. Retain Tennis Courts: Do not convert Courts 9 and 10 from tennis to pickleball.

2. Revisit Vendor Options: Consider Gorin Tennis Academy for superior tennis instruction and revenue potential.

3. Shorter Contract Term: Limit any contract to five years or fewer.

4. Audit Performance: Evaluate Lifetime’s compliance with maintenance and service standards before renewal.

5. Transparent Improvements: Explicitly specify all
Capital improvements to CSC and limit these to be relevant and specific to the needs of CSC users with a focus on tennis court improvements.

Given these significant concerns, I respectfully request the Council to:

Pull Agenda Item 12 from the consent calendar.

Direct staff to continue the item to a later date for comprehensive review and reconsideration.

Thank you for your attention to this matter.

Sincerely,
Jack Meyer
From: Johnson Fong
To: City Clerk
Subject: Cupertino Sports Center
Date: Sunday, November 17, 2024 9:32:59 AM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Dear City Clerk,
Please do not convert Courts 9 and 10 into pickle ball courts at Cupertino Sports Center.

It’s better invested for Ct. 15 (across from the clubhouse).

This compromise will better serve the public. Thank you for your consideration.

Johnson Fong
From: Ione Low
To: City Clerk
Subject: CSC courts 9 & 10
Date: Sunday, November 17, 2024 8:19:47 AM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Hi,
Please do not convert courts 9 & 10 at CSC to pickleball courts. It is difficult enough to get a tennis court to play on.

The noise would be terrible also.

There are plenty of pickleball courts on the other side starting with court 13.

Thanks,
Ione Low
Sent from my iPad
From: Tak Young
To: Rachelle Sander; City Council; Pamela Wu; City Clerk Subject: Request to Pull Agenda Item 12 from Consent Calendar for Further Review Date: Saturday, November 16, 2024 9:19:04 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Dear City Clerk,
Please include the below in written communications for the 11/19/24 city council meeting.

Thanks,
Tak K Young
--------------------------------------------------------------------------- Dear Mayor Mohan, Cupertino City Council Members, City Manager Wu, and Parks & Rec Director Sanders,
I urge the City Council to pull Agenda Item 12 from the consent calendar for the 11/19/24 meeting and, if possible, to continue the item to a future date when the newly elected council is in session.

Agenda Item 12 proposes substantial changes that should not be approved without thorough discussion.

Key Objection: Converting Tennis Courts to Pickleball
I strongly oppose the proposal to convert Courts 9 and 10 at the Cupertino Sports Center (CSC) from tennis to pickleball.

1. Historic Use: These courts have served tennis players for over 30 years.

2. High Demand: Courts are oversubscribed, with bookings filling up within seconds of opening each week.

3. Noise Concerns: Pickleball generates significant noise, disrupting nearby tennis activities.

4. Existing Facilities: Pickleball facilities are already available at Memorial Park and De Anza College.

5. Out-of-Town Usage: A majority of pickleball players at CSC come from outside Cupertino.

Concerns with Lifetime's Contract Renewal
A 10-year contract renewal for Lifetime is excessive and should be reconsidered. Contracts should be limited to five years or fewer to ensure better terms and vendor accountability.

Performance Issues with Lifetime:

1. Court Maintenance: Courts are not cleaned bi-weekly as required by the current contract. Logs and photographic evidence of compliance should be audited.

2. Reservations: The city should retain control of court reservations instead of outsourcing to Lifetime, whose service quality is subpar in other cities like Santa Clara and Sunnyvale.

3. Tennis Instruction: Lifetime’s programs have failed to produce players of high school junior varsity or varsity-level competency, unlike Gorin Tennis Academy, which has a proven record of excellence.

4. Capital Improvements: The promised $500,000 lacks clear details and member input, with pickleball courts being an unwanted proposal.

5. Past Damage: Court 12 was damaged by Lifetime’s improper use for non-tennis activities (e.g., hosting ping pong).

6. Revenue Sharing: A 10%-12% revenue share is insufficient. The city could achieve higher returns by exploring alternative vendors like Gorin or directly managing some services.

Recommendations:

1. Retain Tennis Courts: Do not convert Courts 9 and 10 from tennis to pickleball.

2. Revisit Vendor Options: Consider Gorin Tennis Academy for superior tennis instruction and revenue potential.

3. Shorter Contract Term: Limit any contract to five years or fewer.

4. Audit Performance: Evaluate Lifetime’s compliance with maintenance and service standards before renewal.

5. Transparent Improvements: Explicitly specify all
Capital improvements to CSC and limit these to be relevant and specific to the needs of CSC users with a focus on tennis court improvements.

Given these significant concerns, I respectfully request the Council to:

Pull Agenda Item 12 from the consent calendar.

Direct staff to continue the item to a later date for comprehensive review and reconsideration.

Thank you for your attention to this matter.

Sincerely,
Tak K Young
From: Srividya Sundaresan
To: Rachelle Sander; City Council; Pamela Wu; City Clerk Subject: Re: Agenda Item #12
Date: Saturday, November 16, 2024 8:05:13 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Dear City Clerk,
Please include the below in written communications for the 11/19/24 city council meeting.

Thank you.
---------------------------------------------------------------------------------------------------------------------- Dear Mayor Mohan, Cupertino City Council Members, City Manager Wu, and Parks & Rec Director Sanders,
I urge the City Council to pull Agenda Item 12 from the consent calendar for the 11/19/24 meeting and to schedule it to a future date when the newly elected council is in session.

Agenda Item 12 proposes substantial changes that should not be approved without thorough discussion.

Key Objection: Converting Tennis Courts to Pickleball
I strongly oppose the proposal to convert Courts 9 and 10 at the Cupertino Sports Center (CSC) from tennis to pickleball.

1. Historic Use: These courts have served tennis players for over 30 years.

2. High Demand: Courts are oversubscribed, with bookings filling up within seconds of opening each week.

3. Noise Concerns: Pickleball generates significant noise, disrupting nearby tennis activities.

4. Existing Facilities: Pickleball facilities are already available at Memorial Park and De Anza College.

5. Out-of-Town Usage: A majority of pickleball players at CSC come from outside Cupertino.

Concerns with Lifetime's Contract Renewal
A 10-year contract renewal for Lifetime is excessive and should be reconsidered.

Contracts should be limited to five years or fewer to ensure better terms and vendor accountability.

Performance Issues with Lifetime:

1. Court Maintenance: Courts are not cleaned bi-weekly as required by the current contract. Logs and photographic evidence of compliance should be audited.

2. Reservations: The city should retain control of court reservations instead of outsourcing to Lifetime, whose service quality is subpar in other cities like Santa Clara and Sunnyvale.

3. Tennis Instruction: Lifetime’s programs have failed to produce players of high school junior varsity or varsity-level competency, unlike Gorin Tennis Academy, which has a proven record of excellence.

4. Capital Improvements: The promised $500,000 lacks clear details and member input, with pickleball courts being an unwanted proposal.

5. Past Damage: Court 12 was damaged by Lifetime’s improper use for non-tennis activities (e.g., hosting ping pong).

6. Revenue Sharing: A 10%-12% revenue share is insufficient. The city could achieve higher returns by exploring alternative vendors like Gorin or directly managing some services.

Recommendations:

1. Retain Tennis Courts: Do not convert Courts 9 and 10 from tennis to pickleball.

2. Revisit Vendor Options: Solicit more proposals from other vendors

3. Shorter Contract Term: Limit any contract to five years or fewer.

4. Audit Performance: Evaluate Lifetime’s compliance with maintenance and service standards before renewal.

5. Transparent Improvements: Explicitly specify all Capital improvements to CSC and limit these to be relevant and specific to the needs of CSC users with a focus on tennis court improvements.

Given these significant concerns, I respectfully request the Council to:

Pull Agenda Item 12 from the consent calendar.

Direct staff to continue the item to a later date for comprehensive review and reconsideration.

Thank you for your attention to this matter.

Sincerely,
Srividya Sundaresan
From: Elizabeth Grover
To: Rachelle Sander; City Council; Pamela Wu; City Clerk Subject: Request to Pull Agenda Item 12 from Consent Calendar for Further Review Date: Saturday, November 16, 2024 7:42:17 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Dear City Council members, Mayor Mohan, City Manager Wu, and Parks and Recreation Director Sanders:

As a CSC member, I am extremely concerned about the changes being proposed at the Sports Center and urge the City Council to pull Agenda Item 12 from the consent calendar for the November 19, 2024 meeting and if possible continue this item to a future date to be considered by the newly elected City Council.

My key objection is to the conversion of courts 9 and 10 to pickleball, as follows:

1. Once lines are striped for pickleball, they are almost unusable for tennis.

2. The maximum number of tennis players per court is 4. Depending on how the pickleball courts are configured, the maximum number of pickleball players is 16 per court.

3. Pickleball is an extremely loud sport, hence the numbers of objections placed in many communities here and across the country to the conversion of tennis courts to pickleball courts. Not only will the large number of players generate considerable noise, but the balls and paddles themselves create more noise than tennis racquets and tennis balls. I encourage you to go to Mitchell Park in Palo Alto for instance and hear the noise generated by their pickleball courts, even across the culvert. And in the case of CSC, these courts would be adjacent to tennis courts, rather than 20-40 feet away.

4. Pickleball courts are available in Cupertino at Memorial Park and DeAnza College. There is no need to convert courts at CSC.

5. There is a thriving tennis community at CSC, with large numbers of players, USTA teams, etc. Removing two courts from usage by tennis players will only create more competition for courts. Already courts are heavily used and in high demand.

I understand there are other issues relating to Lifetime’s performance at other tennis facilities in the Bay Area, as well as objections to the length of the proposed contract, tennis instruction and revenue sharing as well that should be addressed with full transparency and detail by the newly elected council.

Again I urge the City Council to pull Agenda Item 12 from the consent calendar for the upcoming November 19 meeting
Thank you,
Elizabeth Grover
From: Santosh Rao
To: City Council; Rachelle Sander; Pamela Wu; City Clerk Subject: 11/19/24 council meeting. Request to Pull Agenda Item 12 from Consent Calendar for Further Review.

Date: Saturday, November 16, 2024 6:37:57 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Subject: Request to Pull Agenda Item 12 from Consent Calendar for Further Review
Dear Mayor Mohan, Cupertino City Council Members, City Manager Wu, and Parks & Rec Director Sanders,
I urge the City Council to pull Agenda Item 12 from the consent calendar for the 11/19/24 meeting and, if possible, to continue the item to a future date when the newly elected council is in session.

Agenda Item 12 proposes substantial changes that should not be approved without thorough discussion.

Key Objection: Converting Tennis Courts to Pickleball
I strongly oppose the proposal to convert Courts 9 and 10 at the Cupertino Sports Center (CSC) from tennis to pickleball.

1. Historic Use: These courts have served tennis players for over 30 years.

2. High Demand: Courts are oversubscribed, with bookings filling up within seconds of opening each week.

3. Noise Concerns: Pickleball generates significant noise, disrupting nearby tennis activities.

4. Existing Facilities: Pickleball facilities are already available at Memorial Park and De Anza College.

5. Out-of-Town Usage: A majority of pickleball players at CSC come from outside Cupertino.

Concerns with Lifetime's Contract Renewal
A 10-year contract renewal for Lifetime is excessive and should be reconsidered. Contracts should be limited to five years or fewer to ensure better terms and vendor accountability.

Performance Issues with Lifetime:

1. Court Maintenance: Courts are not cleaned bi-weekly as required by the current contract. Logs and photographic evidence of compliance should be audited.

2. Reservations: The city should retain control of court reservations instead of outsourcing to Lifetime, whose service quality is subpar in other cities like Santa Clara and Sunnyvale.

3. Tennis Instruction: Lifetime’s programs have failed to produce players of high school junior varsity or varsity-level competency, unlike Gorin Tennis Academy, which has a proven record of excellence.

4. Capital Improvements: The promised $500,000 lacks clear details and member input, with pickleball courts being an unwanted proposal.

5. Past Damage: Court 12 was damaged by Lifetime’s improper use for non-tennis activities (e.g., hosting ping pong).

6. Revenue Sharing: A 10%-12% revenue share is insufficient. The city could achieve higher returns by exploring alternative vendors like Gorin or directly managing some services.

Recommendations:

1. Retain Tennis Courts: Do not convert Courts 9 and 10 from tennis to pickleball.

2. Revisit Vendor Options: Consider Gorin Tennis Academy for superior tennis instruction and revenue potential.

3. Shorter Contract Term: Limit any contract to five years or fewer.

4. Audit Performance: Evaluate Lifetime’s compliance with maintenance and service standards before renewal.

5. Transparent Improvements: Explicitly specify all
Capital improvements to CSC and limit these to be relevant and specific to the needs of CSC users with a focus on tennis court improvements.

Given these significant concerns, I respectfully request the Council to:

Pull Agenda Item 12 from the consent calendar.

Direct staff to continue the item to a later date for comprehensive review and reconsideration.

Thank you for your attention to this matter.

Sincerely,
San Rao
Cupertino resident and CSC member and daily user
From: Varun Bhagwan
To: Rachelle Sander; City Council
Subject: Cupertino Sports Center update
Date: Saturday, November 16, 2024 5:10:07 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Hello,
We applaud your efforts at listening to your constituents, and taking necessary steps when appropriate. The Cupertino Sports Center supports many activities, including tennis courts which happen to be the most heavily booked courts across all of the Bay Area. It has come to our attention that additional tennis courts are being converted to other sports, in particular pickle ball. This would be a significant step backwards for a number of reasons, which I’m sure you’ve heard about and we’ll be happy to discuss further. Indeed, we’d love to also hear your plans for expansion of tennis courts, including adding lights to courts that don’t currently have them. This would serve a fantastic purpose of serving the surrounding community, and easing some of the crowded situation and booking challenges currently experienced. Thank you,
Varun Bhagwan
Sent from Yahoo Mail for iPhone
From: Kelly Chen
To: Rachelle Sander; City Council; Pamela Wu; City Clerk Subject: Request to pull agenda item 12 from Consent calendar for further review Date: Monday, November 18, 2024 7:27:20 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Dear Mayor Mohan, Cupertino City Council Members, City
Manager Wu, and Parks & Rec Director Sanders,
I urge the City Council to pull Agenda Item 12 from the consent calendar for the 11/19/24meeting and, if possible, to continue the item to a future date when the newly elected council is in session.

Agenda Item 12 proposes substantial changes that should not be approved without thorough discussion.

Key Objection: Converting Tennis Courts to Pickleball
I strongly oppose the proposal to convert Courts 9 and 10 at the Cupertino Sports Center (CSC) from tennis to pickleball.

1. Historic Use: These courts have served tennis players for over 30 years.

2. High Demand: Courts are oversubscribed, with bookings filling up within seconds of opening each week.

3. Noise Concerns: Pickleball generates significant noise, disrupting nearby tennis activities.

4. Existing Facilities: Pickleball facilities are already available at Memorial Park and De Anza College.

5. Out-of-Town Usage: A majority of pickleball players at CSC come from outside Cupertino.

Concerns with Lifetime's Contract Renewal
A 10-year contract renewal for Lifetime is excessive and should be reconsidered. Contracts should be limited to five years or fewer to ensure better terms and vendor accountability.

Performance Issues with Lifetime:

1. Court Maintenance: Courts are not cleaned bi-weekly as required by the current contract. Logs and photographic evidence of compliance should be audited.

2. Reservations: The city should retain control of court reservations instead of outsourcing to Lifetime, whose
service quality is subpar in other cities like Santa Clara and Sunnyvale.

3. Tennis Instruction: Lifetime’s programs have failed to produce players of high school junior varsity or varsity-level competency, unlike Gorin Tennis Academy, which has a
proven record of excellence.

4. Capital Improvements: The promised $500,000 lacks clear details and member input, with pickleball courts being an unwanted proposal.

5. Past Damage: Court 12 was damaged by Lifetime’s
improper use for non-tennis activities (e.g., hosting ping pong).

6. Revenue Sharing: A 10%-12% revenue share is
insufficient. The city could achieve higher returns by
exploring alternative vendors like Gorin or directly
managing some services.

Recommendations:

1. Retain Tennis Courts: Do not convert Courts 9 and 10 from tennis to pickleball.

2. Revisit Vendor Options: Consider Gorin Tennis Academy for superior tennis instruction and revenue potential.

3. Shorter Contract Term: Limit any contract to five years or fewer.

4. Audit Performance: Evaluate Lifetime’s compliance with maintenance and service standards before renewal.

5. Transparent Improvements: Explicitly specify all
Capital improvements to CSC and limit these to be relevant and specific to the needs of CSC users with a focus on tennis court improvements.

Given these significant concerns, I respectfully request the Council to:

Pull Agenda Item 12 from the consent calendar.

Direct staff to continue the item to a later date for
comprehensive review and reconsideration.

Thank you for your attention to this matter.

Sincerely,
Kelly Chen
Cupertino Sports Center member
From: Tony Nhieu
To: City Clerk
Subject: Pickleball ball courts
Date: Monday, November 18, 2024 6:58:18 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Hello,
I heard they your considering changing courts 9 and 10 to pickleball courts. I’m a tennis player at the center and it’s hard enough to book courts nowadays. I’m totally against such a move. It may be worth considering raising the rates so that it limits the number of people that actually use the courts a lot. Too much competition as people from all over come even if they live far away.

Rgds,
Tony
From: dasineni karunakar
To: City Clerk
Subject: Proposed conversion of CSC Tennis courts 9 and 10 to pickle ball courts Date: Monday, November 18, 2024 7:36:12 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Dear City Clerk,
Please include the below in written communications for the 11/19/24 city council meeting.

Dear City Council Members,
I came to know that there is a proposal to convert CSC courts 9 and 10 to pickle ball courts. I've been playing tennis at CSC for about 5-6 years, and it is becoming increasingly difficult to get a tennis court reservation. I only try to play 2-3 days a week, and try to reserve at 8am a week earlier, but I'm rarely able to get a court.

Our sports center is oversubscribed, and unless we limit the number of members, it won't be possible to reserve courts. I joined as member just to tennis courts and don't use any other facilities, and I believe there are lot of other members like me.

Request you to kindly reconsider this, and avoid this proposed conversion.

Thank you.

Sincerely,
Karunakar Dasineni
From: LeeSee Loh
To: City Council; City Clerk
Subject: Leave Tennis courts alone at CSC
Date: Monday, November 18, 2024 7:42:17 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Dear Mayor Mohan, Cupertino City Council Members, City Manager Wu, and Parks & Rec Director Sanders,
I am concerned about Agenda item 12 for tomorrow’s meeting. This mainly concerns the 10-year renewal contract for Lifetime Tennis at Cupertino Sports Center. I strongly oppose Lifetime’s proposal of taking away Courts 9 and 10 from tennis members and converting the courts for pickle ball play. We often have difficulty reserving courts for tennis, especially when Lifetime monopolizes many courts for kids’ camps.

Currently, there are already courts for pickle ball play at CSC and many more at Memorial Park. Tennis players are increasingly being pushed to give up courts for pickle ball. As a long time CSC member, it would certainly make it more difficult for me to play and be part of a warm and wonderful community.

I also urge council members to postpone this agenda item till the new council takes office. And please reconsider giving Lifetime Tennis a 10- year contract and also open it up to other vendors.

Thank you for your consideration.

Lee See Loh
From: brant55
To: City Clerk
Subject: Cupertino Sports Center Conversions
Date: Monday, November 18, 2024 7:46:09 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

To the council,
I have been a member of the sports club for a number of years. I play 3 to 4 times a week.

Getting courts has become much harder due to the increased numbers of players. Changing any of the courts to pickleball will just make it more difficult. Not to mention the noise of the pickleballs is a large distraction to those playing tennis near them. Converting the courts to pickleball is more likely to have the tennis players leave and join other clubs. I know that that is the choice that I would probably make. So please don't consider converting those tennis courts.

Regards,
Brant Armstrong
From: Eugene Jivotovski
To: City Clerk
Subject: Proposed conversion of tennis courts at Cupertino Sports Center Date: Monday, November 18, 2024 8:06:56 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Dear Members of the Cupertino City Council,
I am writing to express my concerns regarding the proposal to convert courts 9 and 10 of the Cupertino Sports Center into pickleball courts. While I recognize the growing popularity of pickleball and the need for facilities to accommodate its players, this conversion would have significant negative consequences for Cupertino’s tennis community.

The Cupertino Sports Center is already a highly sought-after venue for tennis players, with court reservations being increasingly difficult to secure. Reducing the number of tennis courts would exacerbate this issue, leaving tennis players with even fewer opportunities to play.

Many players already face limited availability, particularly during peak hours and weekends.

The proposed conversion would further limit access, making it challenging for residents to enjoy tennis—a sport that has long been a staple in our community.

Additionally, Cupertino is home to numerous tennis teams that participate in local, regional, and even national tournaments. These teams rely on access to the courts for regular practice sessions. Reducing the number of courts would not only hinder their ability to prepare adequately for competitions but also risk diminishing the city's reputation as a stronghold for tennis enthusiasts and competitors. The lack of court availability could deter aspiring players and reduce participation in organized tennis programs.

Rather than converting existing tennis courts, I urge the Council to explore alternative solutions for expanding pickleball facilities. For example:

Repurposing underutilized areas in other parks for dedicated pickleball courts.

Investing in standalone pickleball facilities to meet the demand without compromising existing tennis resources.

These approaches would balance the needs of both tennis and pickleball players while preserving the Cupertino Sports Center’s ability to serve its long-standing tennis community.

I strongly urge the Council to reconsider this proposal and to seek solutions that address the interests of all residents without compromising the accessibility and quality of our city’s tennis facilities.

Thank you for your time and consideration.

Sincerely,
Eugene Jivotovski, proud member of Cupertino Tennis Center for the past 10 years.

Phone#: 510-709-8600
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Dear Members,
At the Tuesday 11/19/2024 Cupertino City Council meeting, the city is proposing to convert courts 9 and 10 to pickleball. This affects every tennis player at CSC so make yourself heard if you are against this proposal, either by writing an email to the city clerk ([email protected]) or better yet, attend the meeting.

From: shivajit mohapatra
To: City Clerk
Subject: Nov 19, 2024 Cupertino City Council Meeting: Pickleball on cts 9,10 Date: Monday, November 18, 2024 8:25:56 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Dear city council members,
Humbly request to not covert tennis courts 9 & 10 for pickleball. Tennis courts are extremely hard to reserve these days and removing two more courts will make it very hard on tennis members.

Will appreciate your consideration for keep courts 9 & 10 for tennis.

Thank you
- shivajit
Begin forwarded message:

From: Cupertino Tennis Club <[email protected]> Date: November 18, 2024 at 6:36:59 PM PST
To: [email protected]
Subject: Nov 19, 2024 Cupertino City Council Meeting: Pickleball on cts 9,10 Reply-To: Cupertino Tennis Club <[email protected]> Please contact Santosh Rao ([email protected]) more information.

Dave Babicz
CTC President
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From: maryam sanaei
To: City Clerk
Subject: opposition to the proposal to convert Courts 9 and 10 at CSC to pickleball at the Cupertino City Council Date: Monday, November 18, 2024 8:37:14 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

To City Clerk of Cuppertino
I am writing to express my strong opposition to the proposal to convert Courts 9 and 10 to pickleball at the Cupertino City Council meeting on Tuesday, 11/19/2024.

As a tennis player at CSC, I believe this decision would have a significant negative impact on the tennis community. Currently, we are already facing a shortage of available tennis courts, and players often compete to reserve a spot. Removing two courts would only exacerbate this issue, further limiting access and availability for tennis players, many of whom are already struggling to find open courts during peak times.

I urge the city to reconsider this proposal, as it would further diminish the already limited resources available to tennis players at CSC. I would like to use this email to voice my concerns and hope others will do the same.

Thank you for your attention to this matter.

Sincerely,
Maryam Sanaei
Mobile: 434 446 8418
e-mail: [email protected]
PPlease consider the environment - do you really need to print this email? This message is intended only for the use of the individual or entity to which it is addressed and may contain information that is private, confidential and may also be legally privileged. It may not be copied or disclosed to or used by anyone other than the addressee, nor may it be copied in any way. If you have received this e-mail in error please contact the sender immediately and then delete the message and any attachment(s).

From: Piyush Lakhawat
To: City Clerk
Subject: On the topic of pickleball conversion for Ct 9 and 10 at CSC Date: Monday, November 18, 2024 8:50:52 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Hello,
Hope you are having a nice week. I came across a city proposal today about converting two tennis courts (9 and 10) into pickleball courts at Cupertino sports center. I am a member there for last several years and know many of the long time men as well. I can tell with high confidence that tennis courts are the most extensively used and booked facility at CSC. They are always booked and the members enjoy them throughly. Converting 2 courts to pickleball will hugely diminish member experience which include many adults, kids and elderly in the Cupertino community.

We understand that there is interest in pickleball but not to the degree to convert the existing tennis courts. There are already pickleball courts at CSC which have high availability compared to tennis courts (am sure this can verified with the booking data). I am confident big majority of the members will echo the same sentiment. We would all request to please keep the tennis courts as they are until there is at least a comparable or more demand for pickleball.

Thank you!
Best,
Piyush
From: della O
To: City Clerk
Subject: Converting ct9,10 to Pickerball
Date: Monday, November 18, 2024 8:55:54 PM
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To whoever it may concern,
The city has the proposal of converting court 9,10 to Pickerball court.

There are already pickle ball courts on the other side , why they would want to convert The tennis courts on the main site, it will be very noisy, will affect the tennis players Nearby. Besides, do you ever understand how hard for the tennis players to get the courts to play in the morning? The pickle ball courts on the other site seems empty most of the time, please let the tennis courts on the main site remain as it is. Thank you for your consideration.

Della Ong
Sent from my iPad
From: Amanda Kao
To: City Clerk
Subject: against proposal to place pickle ball courts on courts 9 & 10 Date: Monday, November 18, 2024 9:02:52 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

I am a member of the Cupertino Sports Club (CSC), and I am against converting courts 9 and 10 to pickle ball courts. Why does pickle ball need more courts, and why are they taking them away from tennis? Tennis is a sport that is growing and the tennis courts at CSC are always in high demand, especially during peak hours. It is already almost impossible to reserve a court during prime time. Pickle ball courts have already been established at near by Memorial Park, and there already are pickle ball courts at CSC on the other side of the main club. Pickle ball is stealing tennis courts everywhere, and no one is happy! Tennis is being diminished, pickle ball wants more, and neighborhoods are tired of the noise. This is not a sustainable solution.

These are two growing sports that can't share existing facilities. Find a better solution for pickle ball. Find them their own facilities.

Sincerely,
Amanda Kao
CSC member
From: Steve Lai
To: City Clerk
Subject: CSC tennis courts
Date: Monday, November 18, 2024 9:16:17 PM
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To whom it may concern:

I have been a member of the Cupertino Sports Center for the past 5 years. I have enjoyed the club playing tennis with the local community. Tennis courts are always very high in demand and it is difficult to reserve a tennis court during daytime and evening hours on weekdays and weekends. If Courts 9 and 10 are switched to pickleball, this will greatly impact court availability for tennis and limit the members’ ability to enjoy playing tennis at the club. I am wondering if the other courts on the other side of the club, Ct 16 or 17, can possibly be used as an option.

Thank you for your consideration.

Sincerely,
Steve Lai
From: Ronald Leung
To: Rachelle Sander; City Clerk; Pamela Wu; City Council Subject: Request to Pull Agenda Item 12 from Consent Calendar for Further Review Date: Monday, November 18, 2024 10:12:10 PM
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Dear Mayor Mohan, Cupertino City Council Members, City Manager Wu, and Parks & Rec Director Sanders,
I have been a resident in the South bay since 2001. I work a full time IT job with 3 kids, and playing tennis at CSC is one of the few moments during the busy week where I can relax a bit and enjoy myself with all the other wonderful CSC members. It is already difficult to get tennis courts during the weeknights, and I really would not want to lose more courts to pickleball.

I strongly oppose the proposal to convert Courts 9 and 10 at the Cupertino Sports Center (CSC) from tennis to pickleball.

Pickleball facilities are already available at Memorial Park and De Anza College, and already as part of the CSC area, and pickle ball can be played in tennis courts without any more modifications. The football field sized area on the east side of Memorial park could easily accommodate multiple pickleball courts and still have a sizeable amount of field left for other use.

Thank you for your consideration.

Best regards,
Ronald Leung
From: Google Mail
To: Rachelle Sander; City Council; Pamela Wu; City Clerk Subject: Request to Pull Agenda Item 12 from Consent Calendar for Further Review Date: Monday, November 18, 2024 10:15:08 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Dear Mayor Mohan, Cupertino City Council Members, City Manager Wu, and Parks & Rec Director Sanders,
I urge the City Council to pull Agenda Item 12 from the consent calendar for the 11/19/24meeting and, if possible, to continue the item to a future date when the newly elected council is in session.

Agenda Item 12 proposes substantial changes that should not be approved without thorough discussion.

Key Objection: Converting Tennis Courts to Pickleball
I strongly oppose the proposal to convert Courts 9 and 10 at the Cupertino Sports Center (CSC) from tennis to pickleball.

Sincerely,
Rocky Chen (CSC member)
Sent from my iPad
From: Robert Young
To: Rachelle Sander; City Council; Pamela Wu; City Clerk Subject: Request to Pull Agenda Item 12 from Consent Calendar for Further Review Date: Monday, November 18, 2024 10:23:55 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Dear Mayor Mohan, Cupertino City Council Members, City Manager Wu, and Parks & Rec Director Sanders,
I urge the City Council to pull Agenda Item 12 from the consent calendar for the 11/19/24 meeting and, if possible, to continue the item to a future date when the newly elected council is in session.

Agenda Item 12 proposes substantial changes that should not be approved without thorough discussion.

Key Objection: Converting Tennis Courts to Pickleball
I strongly oppose the proposal to convert Courts 9 and 10 at the Cupertino Sports Center (CSC) from tennis to pickleball.

1. Historic Use: These courts have served tennis players for over 30 years.

2. High Demand: Courts are already oversubscribed, with bookings filling up within seconds of opening each week. Conversion of courts to pickleball will only exasperate this problem.

3. Noise Concerns: Pickleball generates significant noise, disrupting nearby tennis activities.

4. Existing Facilities: Pickleball facilities are already available at Memorial Park and De Anza College. (as well as the multi-use and court 14)

5. Out-of-Town Usage: A majority of pickleball players at CSC come from outside Cupertino.

Concerns with Lifetime's Contract Renewal
A 10-year contract renewal for Lifetime is excessive and should be reconsidered. Contracts should be limited to five years or fewer to ensure better terms and vendor accountability.

Performance Issues with Lifetime:

1. Court Maintenance: Courts are not cleaned bi-weekly as required by the current contract. Logs and photographic evidence of compliance should be audited.

2. Reservations: The city should retain control of court reservations instead of outsourcing to Lifetime, whose service quality is subpar in other cities like Santa Clara and Sunnyvale.

3. Tennis Instruction: Lifetime’s programs have failed to produce players of high school junior varsity or varsity-level competency, unlike Gorin Tennis Academy, which has a proven record of excellence.

4. Capital Improvements: The promised $500,000 lacks clear details and member input, with pickleball courts being an unwanted proposal.

5. Past Damage: Court 12 was damaged by Lifetime’s improper use for non-tennis activities (e.g., hosting ping pong).

6. Revenue Sharing: A 10%-12% revenue share is insufficient. The city could achieve higher returns by exploring alternative vendors like Gorin or directly managing some services.

Recommendations:

1. Retain Tennis Courts: Do not convert Courts 9 and 10 from tennis to pickleball.

2. Revisit Vendor Options: Consider Gorin Tennis Academy for superior tennis instruction and revenue potential.

3. Shorter Contract Term: Limit any contract to five years or fewer.

4. Audit Performance: Evaluate Lifetime’s compliance with maintenance and service standards before renewal.

5. Transparent Improvements: Explicitly specify all Capital improvements to CSC and limit these to be relevant and specific to the needs of CSC users with a focus on tennis court improvements.

Given these significant concerns, I respectfully request the Council to:

Pull Agenda Item 12 from the consent calendar.

Direct staff to continue the item to a later date for comprehensive review and reconsideration.

Thank you for your attention to this matter.

Sincerely,
Robert Young
From: Claudia Chang
To: Rachelle Sander; City Council; Pamela Wu; City Clerk Subject: Request to Pull Agenda Item 12 from Consent Calendar for Further Review Date: Monday, November 18, 2024 10:26:17 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Dear City Clerk,
Please include the below in written communications for the 11/19/24 city council meeting.

Dear Mayor Mohan, Cupertino City Council Members, City Manager Wu, and Parks & Rec Director Sanders
Please pull Agenda item 12 from the consent calendar for the 11/19/2024 meeting. Please allow the newly elected council to take the time to research and discuss this thoroughly.

As a Cupertino resident and member of the CSC, I strongly object to the conversion of tennis courts 9 and 10 at the CSC to pickle ball courts.

1. The CSC is heavily used by tennis players as evidenced by the difficulty of reserving courts. Removing two courts will greatly impact the tennis players as all courts at prime time are usually reserved within seconds after 8:00am.

2. Pickle ball will change the environment of the CSC with the noise level. If the full eight pickleball courts are filled with players, it will be very noisy, not only with the sound of hitting the ball but with the potentially 32 people on the two tennis courts simultaneously. No one will want to book the courts nearby due to the noise level.

3. Pickleball facilities nearby already exist, at Memorial Park, De Anza College and Sunnyvale Tennis Center. There is no need to greatly affect the many tennis players to accommodate the pickleball players.

4. Parking will be affected. Parking on certain days are already near maximum capacity.

Unlike Sunnyvale Tennis Center, or other locations, there are no areas to accommodate overflow parking. The only viable but not optimal option would be to park at Whole Foods, which is not close and perhaps not legal. Changing two courts to pickleball could potentially add another 32 cars to the parking lot, and there definitely isn’t enough parking slots to accommodate this.

5. The residents of Cupertino are very fortunate to have these tennis courts for enjoyment and exercise. We have a nice community of tennis players. Please do not disrupt this space because you feel you need to accommodate everyone. Please consider other locations in the city to expand the pickleball courts,
Concerns with Lifetime’s Contract Renewal

1. Please consider a shorter time-frame for the contract. It is hard to predict future needs, agreeing to a ten-year contract may affect us in the long term.

2. Court maintenance could be improved. Many times the courts are dirty with leaves, spider webs on the chairs and benches, and the nets that need repair don’t get repaired quickly.

3. Please keep the reservation system as is, we have all adapted to using the reservation system. There is no need to change it yet again.

Recommendations:

Do not convert courts 9 and 10 to pickleball courts.

Limit contract to 5 years or fewer.

Audit Lifetime’s compliance with maintenance and service standards before renewal.

Explicitly specify all capital improvements to CSC and limit those to the users of the CSC, focusing on tennis court improvements.

I am very concerned that yet again, we have to fight to keep the CSC for tennis players.

Perhaps only tennis players can understand how adding two pickleball courts in the midst of tennis courts will be very disruptive. I understand that pickleball is an increasingly popular sport but the nationwide trend seems to be to accommodate the growing sport by taking away from the tennis players. Please be creative and find another solution.

Thank you for considering,
Claudia Lee
Cupertino Resident
From: Jinwoo Lee
To: City Clerk
Subject: CSC pickle ball court change for court 9,10
Date: Monday, November 18, 2024 10:40:33 PM
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Hello,
I would like to share my opinion regarding the recent news that the plan of changing CSC ct #9, 10 to pickle ball. As a member of CSC I am not easily able to book a tennis court due to lots of members i. the CSC. so if this change really happens then there are so many tennis lovers will need to find other opportunity due to the lack of courts.

Therefore I would like to ask to reconsider the discussion of changing the courts. Please understand the current situation.

Thanks,
Jinwoo
From: Bin Wan
To: Rachelle Sander; City Council; Pamela Wu; City Clerk Subject: Request to Pull Agenda Item 12 from Consent Calendar for Further Review Date: Monday, November 18, 2024 10:59:30 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Dear Mayor Mohan, Cupertino City Council Members, City Manager Wu, and Parks & Rec Director Sanders,
I urge the City Council to pull Agenda Item 12 from the consent calendar for the 11/19/24meeting and, if possible, to continue the item to a future date when the newly elected council is in session.

Agenda Item 12 proposes substantial changes that should not be approved without thorough discussion.

Key Objection: Converting Tennis Courts to Pickleball
I strongly oppose the proposal to convert Courts 9 and 10 at the Cupertino Sports Center (CSC) from tennis to pickleball.

1. Historic Use: These courts have served tennis players for over 30 years.

2. High Demand: Courts are oversubscribed, with bookings filling up within seconds of opening each week.

3. Noise Concerns: Pickleball generates significant noise, disrupting nearby tennis activities.

4. Existing Facilities: Pickleball facilities are already available at Memorial Park and De Anza College.

5. Out-of-Town Usage: A majority of pickleball players at CSC come from outside Cupertino.

Concerns with Lifetime's Contract Renewal
A 10-year contract renewal for Lifetime is excessive and should be reconsidered. Contracts should be limited to five years or fewer to ensure better terms and vendor accountability.

Performance Issues with Lifetime:

1. Court Maintenance: Courts are not cleaned bi-weekly as required by the current contract. Logs and photographic evidence of compliance should be audited.

2. Reservations: The city should retain control of court reservations instead of outsourcing to Lifetime, whose service quality is subpar in other cities like Santa Clara and Sunnyvale.

3. Tennis Instruction: Lifetime’s programs have failed to produce players of high school junior varsity or varsity-level competency, unlike Gorin Tennis Academy, which has a proven record of excellence.

4. Capital Improvements: The promised $500,000 lacks clear details and member input, with pickleball courts being an unwanted proposal.

5. Past Damage: Court 12 was damaged by Lifetime’s improper use for non-tennis activities (e.g., hosting ping pong).

6. Revenue Sharing: A 10%-12% revenue share is insufficient. The city could achieve higher returns by exploring alternative vendors like Gorin or directly managing some services.

Recommendations:

1. Retain Tennis Courts: Do not convert Courts 9 and 10 from tennis to pickleball.

2. Revisit Vendor Options: Consider Gorin Tennis Academy for superior tennis instruction and revenue potential.

3. Shorter Contract Term: Limit any contract to five years or fewer.

4. Audit Performance: Evaluate Lifetime’s compliance with maintenance and service standards before renewal.

5. Transparent Improvements: Explicitly specify all
Capital improvements to CSC and limit these to be relevant and specific to the needs of CSC users with a focus on tennis court improvements.

Given these significant concerns, I respectfully request the Council to:

Pull Agenda Item 12 from the consent calendar.

Direct staff to continue the item to a later date for comprehensive review and reconsideration.

Thank you for your attention to this matter.

Sincerely,
Bin Wan
From: Sally C
To: City Clerk
Subject: NO on cupertino sports center court 9, 10 to pickle ball courts Date: Monday, November 18, 2024 11:32:49 PM
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Hi,
Both my husband and I are members of cupertino sports center. We play tennis, sometime we also play pickle ball too if we could not get tennis court.

It’s extremely difficult to book a tennis court in the sports center because tennis is very popular. My husband had to wake up 7:30am everyday to prep for tennis court booking. By 8am 10 seconds, all tennis courts 7 days from the booking day would be booked for before 11am and after 5 pm playing time. This is true in all 7 days a week. It’s by luck if my husband can get a court so he had to try every morning to maybe get 2 courts in a week for our playing.

I see some people playing pickle ball at nights but not always. The pickle ball courts are empty during the day vs. more people are playing tennis during the day. So why is the city even consider to convert more tennis courts to pickle ball courts?! Pickle ball playing makes a lot of noise. It’d definitely bother the tennis playing. We pay memberships to join the center so we don’t have to use public courts with no reservation. But it’s already very difficult to get the tennis courts of the time we like to play. So PLEASE DO NOT convert any tennis courts to pickle ball courts.

Thanks for your attention.
-Sally & Chuck Chu of Cupertino residents since 1989
From: [email protected]
To: City Council
Cc: City Clerk; Pamela Wu; Rachelle Sander
Subject: Request to Pull Agenda Item 12 from Consent Calendar for Further Review Date: Tuesday, November 19, 2024 12:51:41 AM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Dear Mayor Mohan, Cupertino City Council Members, City Manager Wu, and Parks & Rec Director Sanders,
I urge the City Council to pull Agenda Item 12 from the consent calendar for the 11/19/24 meeting and, demand this underhanded method of court appropriation without the consent of the actual users of the sports facilities.

Agenda Item 12 proposes substantial changes that should not be approved without thorough discussion.

Key Objection: Converting Tennis Courts to Pickleball
I strongly oppose the proposal to convert Courts 9 and 10 at the Cupertino Sports Center (CSC) from tennis to pickleball.

1. Historic Use: These courts have served tennis players for over 30 years.

2. High Demand: Courts are oversubscribed, with bookings filling up within seconds of opening each week.

3. Noise Concerns: Pickleball generates significant noise, disrupting nearby tennis activities.

4. Existing Facilities: Pickleball facilities are already available at Memorial Park and De Anza College.

5. Out-of-Town Usage: A majority of pickleball players at CSC come from outside Cupertino.

Concerns with Lifetime's Contract Renewal
A 10-year contract renewal for Lifetime is excessive and should be reconsidered. Contracts should be limited to five years or fewer to ensure better terms and vendor accountability.

Performance Issues with Lifetime:

1. Court Maintenance: Courts are not cleaned bi-weekly as required by the current contract. Logs and photographic evidence of compliance should be audited.

2. Reservations: The city should retain control of court reservations instead of outsourcing to Lifetime, whose service quality is subpar in other cities like Santa Clara and Sunnyvale.

3. Tennis Instruction: Lifetime’s programs have failed to produce players of high school junior varsity or varsity-level competency, unlike Gorin Tennis Academy, which has a proven record of excellence.

4. Capital Improvements: The promised $500,000 lacks clear details and member input, with pickleball courts being an unwanted proposal.

5. Past Damage: Court 12 was damaged by Lifetime’s improper use for non-tennis activities (e.g., hosting ping pong).

6. Revenue Sharing: A 10%-12% revenue share is insufficient. The city could achieve higher returns by exploring alternative vendors like Gorin or directly managing some services.

During the attempt by certain members of the city council earlier in the year to convert CSC into a mixed-use facility, we’ve provided cost/revenue breakdown of similar facilities and their monetization potentials.

Recommendations:

1. Retain Tennis Courts: Do not convert Courts 9 and 10 from tennis to pickleball.

2. Revisit Vendor Options: Consider Gorin Tennis Academy for superior tennis instruction and revenue potential.

3. Shorter Contract Term: Limit any contract to five years or fewer.

4. Audit Performance: Evaluate Lifetime’s compliance with maintenance and service standards before renewal.

5. Transparent Improvements: Explicitly specify all Capital improvements to CSC and limit these to be relevant and specific to the needs of CSC users with a focus on tennis court improvements.

Given these significant concerns, I respectfully request the Council to:
• Pull Agenda Item 12 from the consent calendar.
• Direct staff to continue the item to a later date for comprehensive review and reconsideration.

Thank you for your attention to this matter.

Sincerely,
Reiji Hirayama
From: Santosh Rao
To: City Council; Pamela Wu; Rachelle Sander; City Clerk Subject: Opposition to Awarding the 10-Year Contract for Cupertino Sports Center to Lifetime Activities Date: Tuesday, November 19, 2024 7:46:32 AM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Dear City Clerk,
Please include the below in written communications for the 11/19/24 city council meeting.

Mayor Sheila Mohan,
Members of the Cupertino City Council,
City Manager Pamela Wu,
Director of Parks and Recreation Rachelle Sanders,
City of Cupertino,
Subject: Opposition to Awarding the 10-Year Contract for Cupertino Sports Center to Lifetime Activities
Dear Mayor Mohan, Council Members, City Manager Wu, and Director Sanders,
I write to strongly oppose the proposed 10-year contract with Lifetime Activities, Inc., and to urge you to reject this agreement at the November 19, 2024, City Council meeting. The terms of this contract raise significant concerns about its impact on the Cupertino Sports Center (CSC), the local tennis community, and fiscal responsibility.

Key Issues and Demands

1. Courts 9 and 10 Must Not Be Converted to Pickleball:

Converting these courts would permanently reduce the
availability of tennis courts, disproportionately affecting tennis players who rely on these facilities. CSC should prioritize preserving tennis courts for their intended use.

2. Court Reservations Should Remain Under City Control:

Outsourcing reservations to Lifetime undermines transparency, accountability, and equitable access for residents. The City must retain control of the reservation system to safeguard fairness and reliability.

3. Reject the 10-Year Contract with Lifetime:

A decade-long commitment to a for-profit entity prioritizing revenue over quality is shortsighted. Lifetime’s poor track record in Sunnyvale and Santa Clara has led to deteriorated facilities and programming.

A shorter contract (5 years or less) allows the City to regularly assess vendor performance and safeguard community interests.

4. Split the RFP into Separate Contracts:

The current RFP bundles multiple services under one vendor, diluting accountability and expertise. The City should issue separate RFPs to:

Hire a tennis-focused vendor for instruction and pro shop services, ensuring the quality of tennis programs remains the priority.

Engage specialized vendors or subcontractors for other
sports like pickleball, basketball, and chess, allowing greater flexibility and higher-quality programming.

5. Remove Unnecessary and Unrelated Items from the Contract:

Providing CSC office space to Lifetime is unwarranted and does not serve the community's interests. These provisions add no value to Cupertino residents and should be eliminated.

6. Gorin Tennis Academy Is a Superior Vendor:

Gorin Tennis Academy, with proven expertise in tennis
instruction and player development, offers a better alternative.

Gorin has successfully produced high school and collegiate-level players and operates effectively at De Anza and West Valley Colleges.

In contrast, Lifetime has failed to develop competitive tennis players at either college tennis level or high school level and has employed instructors with insufficient qualifications.

7. Oppose the $500,000 "Capital Improvements":

The proposed improvements prioritize pickleball court creation at the expense of tennis courts. These changes reflect misplaced priorities and do not align with CSC’s core users’ needs. Any addition of lights on outer courts 14 - 18 helps lifetime grow its revenue with nighttime tennis lessons and does nothing for CSC members playing tennis.

Process Recommendations

1. Pull Agenda Item 12 from the Consent Calendar:

This item demands full public discussion and should be deferred to a later meeting, ideally after the newly elected council majority assumes office.

If the item proceeds on November 19, it should be addressed early in the agenda to encourage public participation.

2. Direct Staff to Reassess the RFP:

Split the RFP into multiple contracts, allowing the City to select vendors specialized in their respective sports. This approach ensures higher quality and greater accountability for tennis and other programs.

3. Reject Lifetime’s Proposal in Its Current Form:

Any future contract should exclude unrelated provisions, such as providing office space to Lifetime, and prioritize resident-focused outcomes.

4. Retain City Oversight of Court Reservations:

The City must continue managing court reservations to ensure transparency and equitable access for all users.

Lifetime's History of Mismanagement
Lifetime’s poor track record demonstrates its unsuitability for this role.

Residents in Sunnyvale and Santa Clara have repeatedly reported substandard facilities and programming under Lifetime’s management.

Instructors often lack qualifications, and there is no evidence of Lifetime producing competitive tennis players. Cupertino should not entrust CSC to a vendor that prioritizes profits over quality and community service.

Conclusion
I urge the Council to reject the 10-year contract with Lifetime Activities and to pursue a better course of action:

Preserve tennis courts and reject pickleball conversions at CSC.

Retain control of court reservations under City management.

Reassess the RFP process to allow specialized vendors to serve residents’ needs effectively.

Limit any contract to 5 years or less, with performance reviews to protect Cupertino’s interests.

Please protect the interests of Cupertino residents by rejecting this illconceived proposal and prioritizing transparency, accountability, and quality in CSC’s future operations.

Thank you for your attention to this matter.

Sincerely,
San Rao
Cupertino resident, Cupertino voter, CSC member and daily CSC user, 40+ year tennis player
From: Tarun Bhagwan
To: City Council; Pamela Wu; Rachelle Sander; City Clerk Subject: Opposition to Awarding the 10-Year Contract for Cupertino Sports Center to Lifetime Activities Date: Tuesday, November 19, 2024 7:59:36 AM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Dear City Clerk,
Please include the below in written communications for the 11/19/24 city council meeting.

Mayor Sheila Mohan,
Members of the Cupertino City Council,
City Manager Pamela Wu,
Director of Parks and Recreation Rachelle Sanders,
City of Cupertino,
Dear Mayor Mohan, Council Members, City Manager Wu, and Director Sanders, I write to strongly oppose the proposed 10-year contract with Lifetime Activities, Inc., and to urge you to reject this agreement at the November 19, 2024, City Council meeting. The terms of this contract raise significant concerns about its impact on the Cupertino Sports Center (CSC), the local tennis community, and fiscal responsibility.

Key Issues and Demands
Courts 9 and 10 Must Not Be Converted to Pickleball:

Converting these courts would permanently reduce the availability of tennis courts, disproportionately affecting tennis players who rely on these facilities. CSC should prioritize preserving tennis courts for their intended use.

Court Reservations Should Remain Under City Control:

Outsourcing reservations to Lifetime undermines transparency, accountability, and equitable access for residents. The City must retain control of the reservation system to safeguard fairness and reliability.

Reject the 10-Year Contract with Lifetime:

A decade-long commitment to a for-profit entity prioritizing revenue over quality is shortsighted. Lifetime’s poor track record in Sunnyvale and Santa Clara has led to deteriorated facilities and programming.

A shorter contract (5 years or less) allows the City to regularly assess vendor performance and safeguard community interests.

Split the RFP into Separate Contracts:

The current RFP bundles multiple services under one vendor, diluting accountability and expertise. The City should issue separate RFPs to:

Hire a tennis-focused vendor for instruction and pro shop services, ensuring the quality of tennis programs remains the priority.

Engage specialized vendors or subcontractors for other sports like pickleball, basketball, and chess, allowing greater flexibility and higher-quality programming.

Remove Unnecessary and Unrelated Items from the Contract:

Providing CSC office space to Lifetime is unwarranted and does not serve the community's interests. These provisions add no value to Cupertino residents and should be eliminated.

Gorin Tennis Academy Is a Superior Vendor:

Gorin Tennis Academy, with proven expertise in tennis instruction and player development, offers a better alternative. Gorin has successfully produced high school and collegiate-level players and operates effectively at De Anza and West Valley Colleges.

In contrast, Lifetime has failed to develop competitive tennis players at either college tennis level or high school level and has employed instructors with insufficient qualifications.

Oppose the $500,000 "Capital Improvements":

The proposed improvements prioritize pickleball court creation at the expense of tennis courts.

These changes reflect misplaced priorities and do not align with CSC’s core users’ needs. Any addition of lights on outer courts 14 - 18 helps lifetime grow its revenue with nighttime tennis lessons and does nothing for CSC members playing tennis.

Process Recommendations
Pull Agenda Item 12 from the Consent Calendar:

This item demands full public discussion and should be deferred to a later meeting, ideally after the newly elected council majority assumes office.

If the item proceeds on November 19, it should be addressed early in the agenda to encourage public participation.

Direct Staff to Reassess the RFP:

Split the RFP into multiple contracts, allowing the City to select vendors specialized in their respective sports. This approach ensures higher quality and greater accountability for tennis and other programs.

Reject Lifetime’s Proposal in Its Current Form:

Any future contract should exclude unrelated provisions, such as providing office space to Lifetime, and prioritize resident-focused outcomes.

Retain City Oversight of Court Reservations:

The City must continue managing court reservations to ensure transparency and equitable access for all users.

Lifetime's History of Mismanagement
Lifetime’s poor track record demonstrates its unsuitability for this role. Residents in Sunnyvale and Santa Clara have repeatedly reported substandard facilities and programming under Lifetime’s management. Instructors often lack qualifications, and there is no evidence of Lifetime producing competitive tennis players. Cupertino should not entrust CSC to a vendor that prioritizes profits over quality and community service.

Conclusion
I urge the Council to reject the 10-year contract with Lifetime Activities and to pursue a better course of action:

Preserve tennis courts and reject pickleball conversions at CSC.

Retain control of court reservations under City management.

Reassess the RFP process to allow specialized vendors to serve residents’ needs effectively.

Limit any contract to 5 years or less, with performance reviews to protect Cupertino’s interests.

Please protect the interests of Cupertino residents by rejecting this ill-conceived proposal and prioritizing transparency, accountability, and quality in CSC’s future operations.

Thank you for your attention to this matter.

Sincerely,
Tarun bhagwan
Cupertino resident and CSC member
4083988186
Sent from Yahoo Mail for iPhone
From: Srinivas Ketavarapu
To: Rachelle Sander; City Council; Pamela Wu; City Clerk Subject: Opposition for CSC contract with Lifetime and Opposition to tennis court conversion Date: Tuesday, November 19, 2024 8:12:31 AM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Dear City Clerk,
Please include the below in written communications for the 11/19/24 city council meeting.

Mayor Sheila Mohan,
Members of the Cupertino City Council,
City Manager Pamela Wu,
Director of Parks and Recreation Rachelle Sanders,
City of Cupertino,
Subject: Opposition to Awarding the 10-Year Contract for Cupertino Sports Center to Lifetime Activities
Dear Mayor Mohan, Council Members, City Manager Wu, and Director Sanders, I write to strongly oppose the proposed 10-year contract with Lifetime Activities, Inc., and to urge you to reject this agreement at the November 19, 2024, City Council meeting. The terms of this contract raise significant concerns about its impact on the Cupertino Sports Center (CSC), the local tennis community, and fiscal responsibility.

Key Issues and Demands
Courts 9 and 10 Must Not Be Converted to Pickleball:

Converting these courts would permanently reduce the availability of tennis courts, disproportionately affecting tennis players who rely on these facilities. CSC should prioritize preserving tennis courts for their intended use.

Court Reservations Should Remain Under City Control:

Outsourcing reservations to Lifetime undermines transparency, accountability, and equitable access for residents. The City must retain control of the reservation system to safeguard fairness and reliability.

Reject the 10-Year Contract with Lifetime:

A decade-long commitment to a for-profit entity prioritizing revenue over quality is shortsighted. Lifetime’s poor track record in Sunnyvale and Santa Clara has led to deteriorated facilities and programming.

A shorter contract (5 years or less) allows the City to regularly assess vendor performance and safeguard community interests.

Split the RFP into Separate Contracts:

The current RFP bundles multiple services under one vendor, diluting accountability and expertise. The City should issue separate RFPs to:

Hire a tennis-focused vendor for instruction and pro shop services, ensuring the quality of tennis programs remains the priority.

Engage specialized vendors or subcontractors for other sports like pickleball, basketball, and chess, allowing greater flexibility and higher-quality programming.

Remove Unnecessary and Unrelated Items from the Contract:

Providing CSC office space to Lifetime is unwarranted and does not serve the community's interests. These provisions add no value to Cupertino residents and should be eliminated.

Gorin Tennis Academy Is a Superior Vendor:

Gorin Tennis Academy, with proven expertise in tennis instruction and player development, offers a better alternative. Gorin has successfully produced high school and collegiate-level players and operates effectively at De Anza and West Valley Colleges.

In contrast, Lifetime has failed to develop competitive tennis players at either college tennis level or high school level and has employed instructors with insufficient qualifications.

Oppose the $500,000 "Capital Improvements":

The proposed improvements prioritize pickleball court creation at the expense of tennis courts.

These changes reflect misplaced priorities and do not align with CSC’s core users’ needs. Any addition of lights on outer courts 14 - 18 helps lifetime grow its revenue with nighttime tennis lessons and does nothing for CSC members playing tennis.

Process Recommendations
Pull Agenda Item 12 from the Consent Calendar:

This item demands full public discussion and should be deferred to a later meeting, ideally after the newly elected council majority assumes office.

If the item proceeds on November 19, it should be addressed early in the agenda to encourage public participation.

Direct Staff to Reassess the RFP:

Split the RFP into multiple contracts, allowing the City to select vendors specialized in their respective sports. This approach ensures higher quality and greater accountability for tennis and other programs.

Reject Lifetime’s Proposal in Its Current Form:

Any future contract should exclude unrelated provisions, such as providing office space to Lifetime, and prioritize resident-focused outcomes.

Retain City Oversight of Court Reservations:

The City must continue managing court reservations to ensure transparency and equitable access for all users.

Lifetime's History of Mismanagement
Lifetime’s poor track record demonstrates its unsuitability for this role. Residents in Sunnyvale and Santa Clara have repeatedly reported substandard facilities and programming under Lifetime’s management. Instructors often lack qualifications, and there is no evidence of Lifetime producing competitive tennis players. Cupertino should not entrust CSC to a vendor that prioritizes profits over quality and community service.

Conclusion
I urge the Council to reject the 10-year contract with Lifetime Activities and to pursue a better course of action:

Preserve tennis courts and reject pickleball conversions at CSC.

Retain control of court reservations under City management.

Reassess the RFP process to allow specialized vendors to serve residents’ needs effectively.

Limit any contract to 5 years or less, with performance reviews to protect Cupertino’s interests.

Please protect the interests of Cupertino residents by rejecting this ill-conceived proposal and prioritizing transparency, accountability, and quality in CSC’s future operations.

Thank you for your attention to this matter.

Sincerely,
Srinivas Ketavarapu
Cupertino resident and CSC member
From: Rajeev Kelkar
To: Rachelle Sander; [email protected]; Pamela Wu; City Clerk Subject: Request to Pull Agenda Item 12 from Consent Calendar for Further Review Date: Tuesday, November 19, 2024 8:23:07 AM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Mayor Sheila Mohan,
Members of the Cupertino City Council,
City Manager Pamela Wu,
Director of Parks and Recreation Rachelle Sanders,
City of Cupertino,
Subject: Opposition to Awarding the 10-Year Contract for Cupertino Sports Center to Lifetime Activities
Dear Mayor Mohan, Council Members, City Manager Wu, and Director Sanders,
I write to strongly oppose the proposed 10-year contract with Lifetime Activities, Inc., and to urge you to reject this agreement at the November 19, 2024, City Council meeting. The terms of this contract raise significant concerns about its impact on the Cupertino Sports Center (CSC), the local tennis community, and fiscal responsibility.

Key Issues and Demands

1. Courts 9 and 10 Must Not Be Converted to Pickleball:

Converting these courts would permanently reduce the
availability of tennis courts, disproportionately affecting tennis players who rely on these facilities. CSC should prioritize preserving tennis courts for their intended use.

2. Court Reservations Should Remain Under City Control:

Outsourcing reservations to Lifetime undermines transparency, accountability, and equitable access for residents. The City must retain control of the reservation system to safeguard fairness and reliability.

3. Reject the 10-Year Contract with Lifetime:

A decade-long commitment to a for-profit entity prioritizing revenue over quality is shortsighted. Lifetime’s poor track record in Sunnyvale and Santa Clara has led to deteriorated facilities and programming.

A shorter contract (5 years or less) allows the City to regularly assess vendor performance and safeguard community interests.

4. Split the RFP into Separate Contracts:

The current RFP bundles multiple services under one vendor, diluting accountability and expertise. The City should issue separate RFPs to:

Hire a tennis-focused vendor for instruction and pro shop services, ensuring the quality of tennis programs remains the priority.

Engage specialized vendors or subcontractors for other
sports like pickleball, basketball, and chess, allowing greater flexibility and higher-quality programming.

5. Remove Unnecessary and Unrelated Items from the Contract:

Providing CSC office space to Lifetime is unwarranted and does not serve the community's interests. These provisions add no value to Cupertino residents and should be eliminated.

6. Gorin Tennis Academy Is a Superior Vendor:

Gorin Tennis Academy, with proven expertise in tennis
instruction and player development, offers a better alternative.

Gorin has successfully produced high school and collegiate-level players and operates effectively at De Anza and West Valley Colleges.

In contrast, Lifetime has failed to develop competitive tennis players at either college tennis level or high school level and has employed instructors with insufficient qualifications.

7. Oppose the $500,000 "Capital Improvements":

The proposed improvements prioritize pickleball court creation at the expense of tennis courts. These changes reflect misplaced priorities and do not align with CSC’s core users’ needs. Any addition of lights on outer courts 14 - 18 helps lifetime grow its revenue with nighttime tennis lessons and does nothing for CSC members playing tennis.

Process Recommendations

1. Pull Agenda Item 12 from the Consent Calendar:

This item demands full public discussion and should be deferred to a later meeting, ideally after the newly elected council majority assumes office.

If the item proceeds on November 19, it should be addressed early in the agenda to encourage public participation.

2. Direct Staff to Reassess the RFP:

Split the RFP into multiple contracts, allowing the City to select vendors specialized in their respective sports. This approach ensures higher quality and greater accountability for tennis and other programs.

3. Reject Lifetime’s Proposal in Its Current Form:

Any future contract should exclude unrelated provisions, such as providing office space to Lifetime, and prioritize resident-focused outcomes.

4. Retain City Oversight of Court Reservations:

The City must continue managing court reservations to ensure transparency and equitable access for all users.

Lifetime's History of Mismanagement
Lifetime’s poor track record demonstrates its unsuitability for this role.

Residents in Sunnyvale and Santa Clara have repeatedly reported substandard facilities and programming under Lifetime’s management.

Instructors often lack qualifications, and there is no evidence of Lifetime producing competitive tennis players. Cupertino should not entrust CSC to a vendor that prioritizes profits over quality and community service.

Conclusion
I urge the Council to reject the 10-year contract with Lifetime Activities and to pursue a better course of action:

Preserve tennis courts and reject pickleball conversions at CSC.

Retain control of court reservations under City management.

Reassess the RFP process to allow specialized vendors to serve residents’ needs effectively.

Limit any contract to 5 years or less, with performance reviews to protect Cupertino’s interests.

Please protect the interests of Cupertino residents by rejecting this illconceived proposal and prioritizing transparency, accountability, and quality in CSC’s future operations.

Thank you for your attention to this matter.

Sincerely,
Rajeev Kelkar
From: Rajeev Kelkar
To: City Council; Pamela Wu; City Clerk
Subject: Request to Pull Agenda Item 12 from Consent Calendar for Further Review Date: Tuesday, November 19, 2024 8:48:04 AM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Mayor Sheila Mohan,
Members of the Cupertino City Council,
City Manager Pamela Wu,
Director of Parks and Recreation Rachelle Sanders,
City of Cupertino,
Subject: Opposition to Awarding the 10-Year Contract for Cupertino Sports Center to Lifetime Activities
Dear Mayor Mohan, Council Members, City Manager Wu, and Director Sanders,
I write to strongly oppose the proposed 10-year contract with Lifetime Activities, Inc., and to urge you to reject this agreement at the November 19, 2024, City Council meeting. The terms of this contract raise significant concerns about its impact on the Cupertino Sports Center (CSC), the local tennis community, and fiscal responsibility.

Key Issues and Demands

1. Courts 9 and 10 Must Not Be Converted to Pickleball:

Converting these courts would permanently reduce the
availability of tennis courts, disproportionately affecting tennis players who rely on these facilities. CSC should prioritize preserving tennis courts for their intended use.

2. Court Reservations Should Remain Under City Control:

Outsourcing reservations to Lifetime undermines transparency, accountability, and equitable access for residents. The City must retain control of the reservation system to safeguard fairness and reliability.

3. Reject the 10-Year Contract with Lifetime:

A decade-long commitment to a for-profit entity prioritizing revenue over quality is shortsighted. Lifetime’s poor track record in Sunnyvale and Santa Clara has led to deteriorated facilities and programming.

A shorter contract (5 years or less) allows the City to regularly assess vendor performance and safeguard community interests.

4. Split the RFP into Separate Contracts:

The current RFP bundles multiple services under one vendor, diluting accountability and expertise. The City should issue separate RFPs to:

Hire a tennis-focused vendor for instruction and pro shop services, ensuring the quality of tennis programs remains the priority.

Engage specialized vendors or subcontractors for other
sports like pickleball, basketball, and chess, allowing greater flexibility and higher-quality programming.

5. Remove Unnecessary and Unrelated Items from the Contract:

Providing CSC office space to Lifetime is unwarranted and does not serve the community's interests. These provisions add no value to Cupertino residents and should be eliminated.

6. Gorin Tennis Academy Is a Superior Vendor:

Gorin Tennis Academy, with proven expertise in tennis
instruction and player development, offers a better alternative.

Gorin has successfully produced high school and collegiate-level players and operates effectively at De Anza and West Valley Colleges.

In contrast, Lifetime has failed to develop competitive tennis players at either college tennis level or high school level and has employed instructors with insufficient qualifications.

7. Oppose the $500,000 "Capital Improvements":

The proposed improvements prioritize pickleball court creation at the expense of tennis courts. These changes reflect misplaced priorities and do not align with CSC’s core users’ needs. Any addition of lights on outer courts 14 - 18 helps lifetime grow its revenue with nighttime tennis lessons and does nothing for CSC members playing tennis.

Process Recommendations

1. Pull Agenda Item 12 from the Consent Calendar:

This item demands full public discussion and should be deferred to a later meeting, ideally after the newly elected council majority assumes office.

If the item proceeds on November 19, it should be addressed early in the agenda to encourage public participation.

2. Direct Staff to Reassess the RFP:

Split the RFP into multiple contracts, allowing the City to select vendors specialized in their respective sports. This approach ensures higher quality and greater accountability for tennis and other programs.

3. Reject Lifetime’s Proposal in Its Current Form:

Any future contract should exclude unrelated provisions, such as providing office space to Lifetime, and prioritize resident-focused outcomes.

4. Retain City Oversight of Court Reservations:

The City must continue managing court reservations to ensure transparency and equitable access for all users.

Lifetime's History of Mismanagement
Lifetime’s poor track record demonstrates its unsuitability for this role.

Residents in Sunnyvale and Santa Clara have repeatedly reported substandard facilities and programming under Lifetime’s management.

Instructors often lack qualifications, and there is no evidence of Lifetime producing competitive tennis players. Cupertino should not entrust CSC to a vendor that prioritizes profits over quality and community service.

Conclusion
I urge the Council to reject the 10-year contract with Lifetime Activities and to pursue a better course of action:

Preserve tennis courts and reject pickleball conversions at CSC.

Retain control of court reservations under City management.

Reassess the RFP process to allow specialized vendors to serve residents’ needs effectively.

Limit any contract to 5 years or less, with performance reviews to protect Cupertino’s interests.

Please protect the interests of Cupertino residents by rejecting this illconceived proposal and prioritizing transparency, accountability, and quality in CSC’s future operations.

Thank you for your attention to this matter.

Sincerely,
Rajeev Kelkar
From: Chen, Karen A
To: Rachelle Sander; City Council; Pamela Wu; City Clerk Subject: Agenda 12
Date: Tuesday, November 19, 2024 8:54:52 AM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Dear Mayor Mohan, Cupertino City Council Members, City Manager Wu, and Parks & Rec Director Sanders,
I ask the City Council to please pull Agenda Item 12 from the consent calendar for the 11/19/24meeting and, if possible, to continue the item to a future date when the newly elected council is in session.

Agenda Item 12 proposes substantial changes that should not be approved without thorough discussion.

Key Objection: Converting Tennis Courts to Pickleball
As a long time Cupertino resident and member of the Cupertino Sports Center, I am very much against the proposal to convert Courts 9 and 10 at the Cupertino Sports Center (CSC) from tennis to pickleball.

1. Historic Use: These courts have served tennis players for over 30 years.

2. High Demand: Courts are oversubscribed, with bookings filling up within seconds of opening each week.

3. Noise Concerns: Pickleball generates significant noise, disrupting nearby tennis activities.

4. Existing Facilities: Pickleball facilities are already available at Memorial Park and De Anza College.

5. Out-of-Town Usage: A majority of pickleball players at CSC come from outside Cupertino, generally young kids who blast music on the courts..

Concerns with Lifetime's Contract Renewal
A 10-year contract renewal for Lifetime is excessive and should be reconsidered. Contracts should be limited to five years or fewer to ensure better terms and vendor accountability.

Performance Issues with Lifetime:

1. Court Maintenance: Courts are not cleaned bi-weekly as required by the current contract. Logs and photographic evidence of compliance should be audited.

2. Reservations: The city should retain control of court reservations instead of outsourcing to Lifetime, whose service quality is subpar in other cities like Santa Clara and Sunnyvale.

3. Tennis Instruction: Lifetime’s programs have failed to produce players of high school junior varsity or varsity-level competency, unlike Gorin Tennis Academy, which has a proven record of excellence.

4. Capital Improvements: The promised $500,000 lacks clear details and member input, with pickleball courts being an unwanted proposal.

5. Past Damage: Court 12 was damaged by Lifetime’s improper use for non-tennis activities (e.g., hosting ping pong).

6. Revenue Sharing: A 10%-12% revenue share is insufficient. The city could achieve higher returns by exploring alternative vendors like Gorin or directly managing some services.

Recommendations:

1. Retain Tennis Courts: Do not convert Courts 9 and 10 from tennis to pickleball.

2. Revisit Vendor Options: Consider Gorin Tennis Academy for superior tennis instruction and revenue potential.

3. Shorter Contract Term: Limit any contract to five years or fewer.

4. Audit Performance: Evaluate Lifetime’s compliance with maintenance and service standards before renewal.

5. Transparent Improvements: Explicitly specify all
Capital improvements to CSC and limit these to be relevant and specific to the needs of CSC users with a focus on tennis court improvements.

Given these significant concerns, I respectfully request the Council to:

Pull Agenda Item 12 from the consent calendar.

Direct staff to continue the item to a later date for comprehensive review and reconsideration.

Thank you for your attention to this matter.

Sincerely,
NOTICE: This email message and/or its attachments may contain information that is confidential or restricted. It is intended only for the individuals named as recipients in the message. If you are NOT an authorized recipient, you are prohibited from using, delivering, distributing, printing, copying, or disclosing the message or content to others and must delete the message from your computer. If you have received this message in error, please notify the sender by return email.

From: Jane Babicz
To: City Clerk
Subject: Request to Pull Agenda Item 12 from Consent Calendar for Further Review Date: Tuesday, November 19, 2024 9:09:33 AM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Dear City Clerk,
Please include the below in written communications for the 11/19/24 city council meeting.

Hello All,
The city is proposing a number of changes to CSC including handing over court reservations to lifetime and converting courts 9 and 10 to pickleball.

The Cupertino Tennis Center board is against the conversion of tennis courts 9 and 10 to pickleball. Courts are hard enough to reserve for our members and this change will make matters worse. And for some members the noise will deter them from playing tennis.

We realize that pickleball is a growing sport. The CTC board is not opposed to pickleball courts across the parking lot where less-desirable courts 14-18 are. This mitigates noise concerns for members.

We are fine with Lifetime getting an extension and handling court reservations.

Dave Babicz
CTC President
From: Anand Maddur
To: Rachelle Sander; City Council; Pamela Wu; City Clerk Subject: Opposition to Awarding the 10-Year Contract for Cupertino Sports Center to Lifetime Activities Date: Tuesday, November 19, 2024 9:12:34 AM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Dear Mayor Mohan, Council Members, City Manager Wu, and Director Sanders, I write to strongly oppose the proposed 10-year contract with Lifetime Activities, Inc., and to urge you to reject this agreement at the November 19, 2024, City Council meeting. The terms of this contract raise significant concerns about its impact on the Cupertino Sports Center (CSC), the local tennis community, and fiscal responsibility.

Key Issues and Demands
Courts 9 and 10 Must Not Be Converted to Pickleball:

Converting these courts would permanently reduce the availability of tennis courts, disproportionately affecting tennis players who rely on these facilities. CSC should prioritize preserving tennis courts for their intended use.

Court Reservations Should Remain Under City Control:

Outsourcing reservations to Lifetime undermines transparency, accountability, and equitable access for residents. The City must retain control of the reservation system to safeguard fairness and reliability.

Reject the 10-Year Contract with Lifetime:

A decade-long commitment to a for-profit entity prioritizing revenue over quality is shortsighted. Lifetime’s poor track record in Sunnyvale and Santa Clara has led to deteriorated facilities and programming.

A shorter contract (5 years or less) allows the City to regularly assess vendor performance and safeguard community interests.

Split the RFP into Separate Contracts:

The current RFP bundles multiple services under one vendor, diluting accountability and expertise. The City should issue separate RFPs to:

Hire a tennis-focused vendor for instruction and pro shop services, ensuring the quality of tennis programs remains the priority.

Engage specialized vendors or subcontractors for other sports like pickleball, basketball, and chess, allowing greater flexibility and higher-quality programming.

Remove Unnecessary and Unrelated Items from the Contract:

Providing CSC office space to Lifetime is unwarranted and does not serve the community's interests. These provisions add no value to Cupertino residents and should be eliminated.

Gorin Tennis Academy Is a Superior Vendor:

Gorin Tennis Academy, with proven expertise in tennis instruction and player development, offers a better alternative. Gorin has successfully produced high school and collegiate-level players and operates effectively at De Anza and West Valley Colleges.

In contrast, Lifetime has failed to develop competitive tennis players at either college tennis level or high school level and has employed instructors with insufficient qualifications.

Oppose the $500,000 "Capital Improvements":

The proposed improvements prioritize pickleball court creation at the expense of tennis courts.

These changes reflect misplaced priorities and do not align with CSC’s core users’ needs. Any addition of lights on outer courts 14 - 18 helps lifetime grow its revenue with nighttime tennis lessons and does nothing for CSC members playing tennis.

Process Recommendations
Pull Agenda Item 12 from the Consent Calendar:

This item demands full public discussion and should be deferred to a later meeting, ideally after the newly elected council majority assumes office.

If the item proceeds on November 19, it should be addressed early in the agenda to encourage public participation.

Direct Staff to Reassess the RFP:

Split the RFP into multiple contracts, allowing the City to select vendors specialized in their respective sports. This approach ensures higher quality and greater accountability for tennis and other programs.

Reject Lifetime’s Proposal in Its Current Form:

Any future contract should exclude unrelated provisions, such as providing office space to Lifetime, and prioritize resident-focused outcomes.

Retain City Oversight of Court Reservations:

The City must continue managing court reservations to ensure transparency and equitable access for all users.

Lifetime's History of Mismanagement
Lifetime’s poor track record demonstrates its unsuitability for this role. Residents in Sunnyvale and Santa Clara have repeatedly reported substandard facilities and programming under Lifetime’s management. Instructors often lack qualifications, and there is no evidence of Lifetime producing competitive tennis players. Cupertino should not entrust CSC to a vendor that prioritizes profits over quality and community service.

Conclusion
I urge the Council to reject the 10-year contract with Lifetime Activities and to pursue a better course of action:

Preserve tennis courts and reject pickleball conversions at CSC.

Retain control of court reservations under City management.

Reassess the RFP process to allow specialized vendors to serve residents’ needs effectively.

Limit any contract to 5 years or less, with performance reviews to protect Cupertino’s interests.

Please protect the interests of Cupertino residents by rejecting this ill-conceived proposal and prioritizing transparency, accountability, and quality in CSC’s future operations.

Thank you for your attention to this matter.

Sincerely,
Anand Maddur
(Member at CSC)
From: Greg & Pam Siu
To: Rachelle Sander; City Council; Pamela Wu; City Clerk Subject: Voting "NO" on proposal for Converting CSC Courts 9 & 10 to Pickleball Courts Date: Tuesday, November 19, 2024 10:17:42 AM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Dear Mayor Mohan, Cupertino City Council Members, City Manager Wu, and Parks & Rec Director Sanders,
I urge the City Council to pull Agenda Item 12 from the consent calendar for the 11/19/24meeting and, if possible, to continue the item to a future date when the newly elected council is in session.

Agenda Item 12 proposes substantial changes that should not be approved without thorough discussion.

Key Objection: Converting Tennis Courts to Pickleball
I strongly oppose the proposal to convert Courts 9 and 10 at the Cupertino Sports Center (CSC) from tennis to pickleball.

Historic Use: These courts have served tennis players for over 30 years.

High Demand: Courts are oversubscribed, with bookings filling up within seconds of opening each week.

Noise Concerns: Pickleball generates significant noise, disrupting nearby tennis activities.

Existing Facilities: Pickleball facilities are already available at Memorial Park and De Anza College.

Out-of-Town Usage: A majority of pickleball players at CSC come from outside Cupertino.

Concerns with Lifetime's Contract Renewal
A 10-year contract renewal for Lifetime is excessive and should be reconsidered. Contracts should be limited to five years or fewer to ensure better terms and vendor accountability.

Performance Issues with Lifetime:

Court Maintenance: Courts are not cleaned bi-weekly as required by the current contract. Logs and photographic evidence of compliance should be audited.

Reservations: The city should retain control of court reservations instead of outsourcing to Lifetime, whose service quality is subpar in other cities like Santa Clara and Sunnyvale.

Tennis Instruction: Lifetime’s programs have failed to produce players of high school junior varsity or varsity-level competency, unlike Gorin Tennis Academy, which has a proven record of excellence.

Capital Improvements: The promised $500,000 lacks clear details and member input, with pickleball courts being an unwanted proposal.

Past Damage: Court 12 was damaged by Lifetime’s improper use for non-tennis activities (e.g., hosting ping pong).

Revenue Sharing: A 10%-12% revenue share is insufficient. The city could achieve higher returns by exploring alternative vendors like Gorin or directly managing some services.

Recommendations:

Retain Tennis Courts: Do not convert Courts 9 and 10 from tennis to pickleball.

Revisit Vendor Options: Consider Gorin Tennis Academy for superior tennis instruction and revenue potential.

Shorter Contract Term: Limit any contract to five years or fewer.

Audit Performance: Evaluate Lifetime’s compliance with maintenance and service standards before renewal.

Transparent Improvements: Explicitly specify all Capital improvements to CSC and limit these to be relevant and specific to the needs of CSC users with a focus on tennis court improvements.

Given these significant concerns, I respectfully request the Council to:

Pull Agenda Item 12 from the consent calendar.

Direct staff to continue the item to a later date for comprehensive review and reconsideration.

Thank you for your attention to this matter.

Sincerely,
Pamela Siu
From: [email protected]
To: City Clerk
Subject: Please do not convert Tennis courts at Cupertino Sports Center into Pickleball courts Date: Tuesday, November 19, 2024 10:45:23 AM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Dear City Council members,
We have been made aware that there is a proposal to convert courts 9 and 10 of Cupertino Sports Center (CSC) into pickleball courts. As a long time member of the CSC and a regular user of the tennis courts, I wholeheartedly oppose this proposal. It is already very hard to reserve tennis courts because of too much competition in court booking. The demand for tennis courts is unquestionable. Now two fewer courts would make it impossible to book courts. Proximity to the tennis center is why I continue to live in Cupertino even after my son has graduated from Monta Vista High School and moved to Texas for college. Being diagnosed with Rheumatoid Arthritis three years back, tennis has been an integral part of my wellness routine while I manage the autoimmune disease. Pickleball does not need the same level of fitness as tennis, and it will not be an adequate substitute for me in maintaining my mobility. Also, the noisiness of pickleball in the middle of tennis courts would be a huge nuisance.

Hope my email is considered during the November 19 meeting.

Best regards,
Mita
1118 November Drive, Cupertino, CA
------------------------------------------------------------------------------------------------- Madhumita Datta, Ph. 301-560-0924 (home), 650-919-4287 (mobile) From: Wei-Ken Seto
To: Rachelle Sander; City Council; Pamela Wu; City Clerk Cc: Santosh Rao
Subject: Request to Pull Agenda Item 12 from Consent Calendar for Further Review Date: Tuesday, November 19, 2024 10:48:28 AM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Dear Mayor Mohan, Cupertino City Council Members, City Manager Wu, and Parks & Rec Director Sanders,
I urge the City Council to pull Agenda Item 12 from the consent calendar for the 11/19/24meeting and, if possible, to continue the item to a future date when the newly elected council is in session.

Agenda Item 12 proposes substantial changes that should not be approved without thorough discussion.

Key Objection: Converting Tennis Courts to Pickleball
I strongly oppose the proposal to convert Courts 9 and 10 at the Cupertino Sports Center (CSC) from tennis to pickleball.

1. Historic Use: These courts have served tennis players for over 30 years.

2. High Demand: Courts are oversubscribed, with bookings filling up within seconds of opening each week.

3. Noise Concerns: Pickleball generates significant noise, disrupting nearby tennis activities.

4. Existing Facilities: Pickleball facilities are already available at Memorial Park and De Anza College.

5. Out-of-Town Usage: A majority of pickleball players at CSC come from outside Cupertino.

Concerns with Lifetime's Contract Renewal
A 10-year contract renewal for Lifetime is excessive and should be reconsidered. Contracts should be limited to five years or fewer to ensure better terms and vendor accountability.

Performance Issues with Lifetime:

1. Court Maintenance: Courts are not cleaned bi-weekly as required by the current contract. Logs and photographic evidence of compliance should be audited.

2. Reservations: The city should retain control of court reservations instead of outsourcing to Lifetime, whose service quality is subpar in other cities like Santa Clara and Sunnyvale.

3. Tennis Instruction: Lifetime’s programs have failed to produce players of high school junior varsity or varsity-level competency, unlike Gorin Tennis Academy, which has a proven record of excellence.

4. Capital Improvements: The promised $500,000 lacks clear details and member input, with pickleball courts being an unwanted proposal.

5. Past Damage: Court 12 was damaged by Lifetime’s improper use for non-tennis activities (e.g., hosting ping pong).

6. Revenue Sharing: A 10%-12% revenue share is insufficient. The city could achieve higher returns by exploring alternative vendors like Gorin or directly managing some services.

Recommendations:

1. Retain Tennis Courts: Do not convert Courts 9 and 10 from tennis to pickleball.

2. Revisit Vendor Options: Consider Gorin Tennis Academy for superior tennis instruction and revenue potential.

3. Shorter Contract Term: Limit any contract to five years or fewer.

4. Audit Performance: Evaluate Lifetime’s compliance with maintenance and service standards before renewal.

5. Transparent Improvements: Explicitly specify all Capital improvements to CSC and limit these to be relevant and specific to the needs of CSC users with a focus on tennis court improvements.

Given these significant concerns, I respectfully request the Council to:

Pull Agenda Item 12 from the consent calendar.

Direct staff to continue the item to a later date for comprehensive review and reconsideration.

Thank you for your attention to this matter.

Sincerely,
Wei-Ken Seto
CSC Member
From: Eric Tsai
To: City Clerk
Subject: Concern Regarding Proposed Conversion of Tennis Courts to Pickleball at Cupertino Sports Center Date: Tuesday, November 19, 2024 10:59:30 AM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Dear Cupertino City Council Members,
I hope this message finds you well. I am writing to express my concern regarding the proposed conversion of Courts 9 and 10 at the Cupertino Sports Center from tennis to pickleball. While I appreciate efforts to accommodate different recreational interests, I strongly believe this change is not suitable for our community, and I would like to share a few reasons for my objection.

1. Court Availability and Demand: The Sports Center already faces significant challenges with court availability during prime time for tennis players. Reducing the number of tennis courts will exacerbate this issue, making it even more difficult for members to secure courts and enjoy the sport.

2. Noise Concerns: Pickleball generates significantly more noise due to the hard paddles and plastic balls used in the game. This could disrupt the peaceful environment valued by many Sports Center users and nearby residents.

3. Dedicated Facilities Exist: Unlike tennis, which requires full-sized courts and proper surfaces, pickleball can often be played in multi-use spaces or on converted courts in other public parks. There may be more appropriate locations within Cupertino to add pickleball facilities without reducing existing tennis courts.

4. Impact on Membership Value: Tennis is a primary draw for many Sports Center members.

Reducing the number of tennis courts may diminish the perceived value of membership for those who primarily joined for access to tennis facilities.

5. Potential Overcrowding: Converting tennis courts to pickleball courts will likely attract an influx of new users. Without careful management, this could lead to overcrowding and scheduling conflicts, diminishing the overall user experience for all Sports Center patrons.

I kindly request the Council to reconsider this proposal and explore alternative solutions to accommodate pickleball players without sacrificing the needs of tennis enthusiasts.

Community input is crucial in decisions like this, and I encourage further engagement with Sports Center members to identify the most equitable path forward.

Thank you for your attention to this matter. I am happy to discuss my concerns further or provide additional feedback if needed.

Sincerely,
Eric Tsai
Member of the Cupertino Tennis Club.

From: a dou
To: Rachelle Sander; City Council; Pamela Wu; City Clerk Subject: CSC courts 9, 10 or any CSC courts must NOT be converted to pickleball.

Date: Tuesday, November 19, 2024 11:05:02 AM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Dear City Clerk,
Please include the below in written communications for the 11/19/24 city council meeting. “
i am a cupertino resident and an active member of Cupertino sports center, i am strongly against using court 9 and 10 as pickleball courts , there are many active tennis players in CSC and there is a large community of tennis players , and there are existing pickleball courts in use today at CSC, please do not convert existing tennis court to pickleball.

Thank you for your attention !
Amy Si Dou
From: Sargon Isaac
To: City Clerk
Subject: Save our Tennis Courts
Date: Tuesday, November 19, 2024 11:13:41 AM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Dear Mayor Mohan, Council Members, City Manager Wu, and Director Sanders,
I write to strongly oppose the proposed 10-year contract with Lifetime Activities, Inc., and to urge you to reject this agreement at the November 19, 2024, City Council meeting. The terms of this contract raise significant concerns about its impact on the Cupertino Sports Center (CSC), the local tennis community, and fiscal responsibility.

Key Issues and Demands

1. Courts 9 and 10 Must Not Be Converted to Pickleball:

Converting these courts would permanently reduce the
availability of tennis courts, disproportionately affecting tennis players who rely on these facilities. CSC should prioritize preserving tennis courts for their intended use.

2. Court Reservations Should Remain Under City Control:

Outsourcing reservations to Lifetime undermines transparency, accountability, and equitable access for residents. The City must retain control of the reservation system to safeguard fairness and reliability.

3. Reject the 10-Year Contract with Lifetime:

A decade-long commitment to a for-profit entity prioritizing revenue over quality is shortsighted. Lifetime’s poor track record in Sunnyvale and Santa Clara has led to deteriorated facilities and programming.

A shorter contract (5 years or less) allows the City to regularly assess vendor performance and safeguard community interests.

4. Split the RFP into Separate Contracts:

The current RFP bundles multiple services under one vendor, diluting accountability and expertise. The City should issue separate RFPs to:

Hire a tennis-focused vendor for instruction and pro shop services, ensuring the quality of tennis programs remains the priority.

Engage specialized vendors or subcontractors for other
sports like pickleball, basketball, and chess, allowing greater flexibility and higher-quality programming.

5. Remove Unnecessary and Unrelated Items from the Contract:

Providing CSC office space to Lifetime is unwarranted and does not serve the community's interests. These provisions add no value to Cupertino residents and should be eliminated.

6. Gorin Tennis Academy Is a Superior Vendor:

Gorin Tennis Academy, with proven expertise in tennis
instruction and player development, offers a better alternative.

Gorin has successfully produced high school and collegiate-level players and operates effectively at De Anza and West Valley Colleges.

In contrast, Lifetime has failed to develop competitive tennis players at either college tennis level or high school level and has employed instructors with insufficient qualifications.

7. Oppose the $500,000 "Capital Improvements":

The proposed improvements prioritize pickleball court creation at the expense of tennis courts. These changes reflect misplaced priorities and do not align with CSC’s core users’ needs. Any addition of lights on outer courts 14 - 18 helps lifetime grow its revenue with nighttime tennis lessons and does nothing for CSC members playing tennis.

Process Recommendations

1. Pull Agenda Item 12 from the Consent Calendar:

This item demands full public discussion and should be deferred to a later meeting, ideally after the newly elected council majority assumes office.

If the item proceeds on November 19, it should be addressed early in the agenda to encourage public participation.

2. Direct Staff to Reassess the RFP:

Split the RFP into multiple contracts, allowing the City to select vendors specialized in their respective sports. This approach ensures higher quality and greater accountability for tennis and other programs.

3. Reject Lifetime’s Proposal in Its Current Form:

Any future contract should exclude unrelated provisions, such as providing office space to Lifetime, and prioritize resident-focused outcomes.

4. Retain City Oversight of Court Reservations:

The City must continue managing court reservations to ensure transparency and equitable access for all users.

Lifetime's History of Mismanagement
Lifetime’s poor track record demonstrates its unsuitability for this role.

Residents in Sunnyvale and Santa Clara have repeatedly reported substandard facilities and programming under Lifetime’s management.

Instructors often lack qualifications, and there is no evidence of Lifetime producing competitive tennis players. Cupertino should not entrust CSC to a vendor that prioritizes profits over quality and community service.

Conclusion
I urge the Council to reject the 10-year contract with Lifetime Activities and to pursue a better course of action:

Preserve tennis courts and reject pickleball conversions at CSC.

Retain control of court reservations under City management.

Reassess the RFP process to allow specialized vendors to serve residents’ needs effectively.

Limit any contract to 5 years or less, with performance reviews to protect Cupertino’s interests.

Please protect the interests of Cupertino residents by rejecting this ill- conceived proposal and prioritizing transparency, accountability, and quality in CSC’s future operations.

Thank you for your attention to this matter.

Sincerely,
Sargon Inc
Sargon John Isaac
408-202-1860
From: Cindy Jeung
To: Rachelle Sander; City Council; Pamela Wu; City Clerk Cc: Santosh Rao
Subject: Request to Pull Agenda Item 12 from Consent Calenda for Further Review Date: Tuesday, November 19, 2024 11:34:50 AM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Dear Mayor Mohan, Cupertino City Council Members, City Manager Wu, and Parks & Rec Director Sanders,
I urge the City Council to pull Agenda Item 12 from the consent calendar for the 11/19/24 meeting and, if possible, to continue the item to a future date when the newly elected council is in session.

Agenda Item 12 proposes substantial changes that should not be approved without thorough discussion.

Key Objection: Converting Tennis Courts to Pickleball
I strongly oppose the proposal to convert Courts 9 and 10 at the Cupertino Sports Center (CSC) from tennis to pickleball.

1. Historic Use: These courts have served tennis players for over 30 years.

2. High Demand: Courts are oversubscribed, with bookings filling up within seconds of opening each week.

3. Noise Concerns: Pickleball generates significant noise, disrupting nearby tennis activities.

4. Existing Facilities: Pickleball facilities are already available at Memorial Park and De Anza College.

5. Out-of-Town Usage: A majority of pickleball players at CSC come from outside Cupertino.

Concerns with Lifetime's Contract Renewal
A 10-year contract renewal for Lifetime is excessive and should be reconsidered. Contracts should be limited to five years or fewer to ensure better terms and vendor accountability.

Performance Issues with Lifetime:

1. Court Maintenance: Courts are not cleaned bi-weekly as required by the current contract. Logs and photographic evidence of compliance should be audited.

2. Reservations: The city should retain control of court reservations instead of outsourcing to Lifetime, whose service quality is subpar in other cities like Santa Clara and Sunnyvale.

3. Tennis Instruction: Lifetime’s programs have failed to produce players of high school junior varsity or varsity-level competency, unlike Gorin Tennis Academy, which has a proven record of excellence.

4. Capital Improvements: The promised $500,000 lacks clear details and member input, with pickleball courts being an unwanted proposal.

5. Past Damage: Court 12 was damaged by Lifetime’s improper use for non-tennis activities (e.g., hosting ping pong).

6. Revenue Sharing: A 10%-12% revenue share is insufficient. The city could achieve higher returns by exploring alternative vendors like Gorin or directly managing some services.

Recommendations:

1. Retain Tennis Courts: Do not convert Courts 9 and 10 from tennis to pickleball.

2. Revisit Vendor Options: Consider Gorin Tennis Academy for superior tennis instruction and revenue potential.

3. Shorter Contract Term: Limit any contract to five years or fewer.

4. Audit Performance: Evaluate Lifetime’s compliance with maintenance and service standards before renewal.

5. Transparent Improvements: Explicitly specify all
Capital improvements to CSC and limit these to be relevant and specific to the needs of CSC users with a focus on tennis court improvements.

Given these significant concerns, I respectfully request the Council to:

Pull Agenda Item 12 from the consent calendar.

Direct staff to continue the item to a later date for comprehensive review and reconsideration.

Thank you for your attention to this matter.

Sincerely,
Cindy Jeung
From: Holly
To: Rachelle Sander; City Council; Pamela Wu; City Clerk Subject: Pickle Ball Courts
Date: Tuesday, November 19, 2024 11:43:19 AM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Dear Cupertino City Council,
I/Holly Yip have been a proud Cupertino Tennis Center member for over a decade. NO, we do not want tennis courts 9 and 10 covered to pickle ball. It is difficult getting courts as is. And as a USTA captain during the rainy season, without courts 9 and 10 would be detrimental to our matches and the playing USTA season.

Thank you for listening,
Holly
408.655.1477
From: George Mattinger
To: Rachelle Sander; City Council; Pamela Wu; City Clerk Subject: Request to Pull Agenda Item 12 from Consent Calendar for Further Review Date: Tuesday, November 19, 2024 11:55:27 AM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

PLEASE INCLUDE THIS EMAIL AS PART OF WRITTEN COMMUNICATIONS FOR THE ABOVE MEETING AGENDA ITEM.

Dear Mayor Mohan, Cupertino City Council Members, City Manager Wu, and Parks & Rec Director Sanders,
I urge the City Council to pull Agenda Item 12 from the consent calendar for the 11/19/24 meeting and, if possible, to continue the item to a future date when the newly elected council is in session.

Agenda Item 12 proposes substantial changes that should not be approved without thorough discussion.

Key Objection: Converting Tennis Courts to Pickleball
I strongly oppose the proposal to convert Courts 9 and 10 at the Cupertino Sports Center (CSC) from tennis to pickleball.

1. Historic Use: These courts have served tennis players for over 30 years.

2. High Demand: Courts are oversubscribed, with bookings filling up within seconds of opening each week.

3. Noise Concerns: Pickleball generates significant noise, disrupting nearby tennis activities.

4. Existing Facilities: Pickleball facilities are already available at Memorial Park and De Anza College and on several Cupertino Tennis Center courts including the basketball area and courts 17 and 18.

5. Out-of-Town Usage: A majority of pickleball players at CSC come from outside Cupertino.

Concerns with Lifetime's Contract Renewal
A 10-year contract renewal for Lifetime is excessive and should be reconsidered. Contracts should be limited to five years or fewer to ensure better terms and vendor accountability.

Performance Issues with Lifetime:

1. Court Maintenance: Courts are not cleaned bi-weekly as required by the current contract. Logs and photographic evidence of compliance should be audited.

2. Reservations: The city should retain control of court reservations instead of outsourcing to Lifetime, whose service quality is subpar in other cities like Santa Clara and Sunnyvale.

3. Tennis Instruction: Lifetime’s programs have failed to produce players of high school junior varsity or varsity-level competency, unlike Gorin Tennis Academy, which has a proven record of excellence.

4. Capital Improvements: The promised $500,000 lacks clear details and member input, with pickleball courts being an unwanted proposal.

5. Past Damage: Court 12 was damaged by Lifetime’s improper use for non-tennis activities (e.g., hosting ping pong).

6. Revenue Sharing: A 10%-12% revenue share is insufficient. The city could achieve higher returns by exploring alternative vendors like Gorin or directly managing some services.

Recommendations:

1. Retain Tennis Courts: Do not convert Courts 9 and 10 from tennis to pickleball.

2. Revisit Vendor Options: Consider Gorin Tennis Academy for superior tennis instruction and revenue potential.

3. Shorter Contract Term: Limit any contract to five years or fewer.

4. Audit Performance: Evaluate Lifetime’s compliance with maintenance and service standards before renewal.

5. Transparent Improvements: Explicitly specify all Capital improvements to CSC and limit these to be relevant and specific to the needs of CSC users with a focus on tennis court improvements.

Given these significant concerns, I respectfully request the Council to:

Pull Agenda Item 12 from the consent calendar.

Direct staff to continue the item to a later date for comprehensive review and reconsideration.

Thank you for your attention to this matter.

Sincerely,
George Mattinger
Cupertino Resident since 1998
From: Shrinivas Venkatraman
To: City Clerk
Subject: Opposition to Awarding the 10-Year Contract for Cupertino Sports Center to Lifetime Activities Date: Tuesday, November 19, 2024 12:12:16 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Dear City Clerk,
Please include the below in written communications for the 11/19/24 city council meeting.

Mayor Sheila Mohan,
Members of the Cupertino City Council,
City Manager Pamela Wu,
Director of Parks and Recreation Rachelle Sanders,
City of Cupertino,
Subject: Opposition to Awarding the 10-Year Contract for Cupertino Sports Center to Lifetime Activities
Dear Mayor Mohan, Council Members, City Manager Wu, and Director Sanders, I write to strongly oppose the proposed 10-year contract with Lifetime Activities, Inc., and to urge you to reject this agreement at the November 19, 2024, City Council meeting. The terms of this contract raise significant concerns about its impact on the Cupertino Sports Center (CSC), the local tennis community, and fiscal responsibility.

Key Issues and Demands
Courts 9 and 10 Must Not Be Converted to Pickleball:

Converting these courts would permanently reduce the availability of tennis courts, disproportionately affecting tennis players who rely on these facilities. CSC should prioritize preserving tennis courts for their intended use.

Court Reservations Should Remain Under City Control:

Outsourcing reservations to Lifetime undermines transparency, accountability, and equitable access for residents. The City must retain control of the reservation system to safeguard fairness and reliability.

Reject the 10-Year Contract with Lifetime:

A decade-long commitment to a for-profit entity prioritizing revenue over quality is shortsighted. Lifetime’s poor track record in Sunnyvale and Santa Clara has led to deteriorated facilities and programming.

A shorter contract (5 years or less) allows the City to regularly assess vendor performance and safeguard community interests.

Split the RFP into Separate Contracts:

The current RFP bundles multiple services under one vendor, diluting accountability and expertise. The City should issue separate RFPs to:

Hire a tennis-focused vendor for instruction and pro shop services, ensuring the quality of tennis programs remains the priority.

Engage specialized vendors or subcontractors for other sports like pickleball, basketball, and chess, allowing greater flexibility and higher-quality programming.

Remove Unnecessary and Unrelated Items from the Contract:

Providing CSC office space to Lifetime is unwarranted and does not serve the community's interests. These provisions add no value to Cupertino residents and should be eliminated.

Gorin Tennis Academy Is a Superior Vendor:

Gorin Tennis Academy, with proven expertise in tennis instruction and player development, offers a better alternative. Gorin has successfully produced high school and collegiate-level players and operates effectively at De Anza and West Valley Colleges.

In contrast, Lifetime has failed to develop competitive tennis players at either college tennis level or high school level and has employed instructors with insufficient qualifications.

Oppose the $500,000 "Capital Improvements":

The proposed improvements prioritize pickleball court creation at the expense of tennis courts.

These changes reflect misplaced priorities and do not align with CSC’s core users’ needs. Any addition of lights on outer courts 14 - 18 helps lifetime grow its revenue with nighttime tennis lessons and does nothing for CSC members playing tennis.

Process Recommendations
Pull Agenda Item 12 from the Consent Calendar:

This item demands full public discussion and should be deferred to a later meeting, ideally after the newly elected council majority assumes office.

If the item proceeds on November 19, it should be addressed early in the agenda to encourage public participation.

Direct Staff to Reassess the RFP:

Split the RFP into multiple contracts, allowing the City to select vendors specialized in their respective sports. This approach ensures higher quality and greater accountability for tennis and other programs.

Reject Lifetime’s Proposal in Its Current Form:

Any future contract should exclude unrelated provisions, such as providing office space to Lifetime, and prioritize resident-focused outcomes.

Retain City Oversight of Court Reservations:

The City must continue managing court reservations to ensure transparency and equitable access for all users.

Lifetime's History of Mismanagement
Lifetime’s poor track record demonstrates its unsuitability for this role. Residents in Sunnyvale and Santa Clara have repeatedly reported substandard facilities and programming under Lifetime’s management. Instructors often lack qualifications, and there is no evidence of Lifetime producing competitive tennis players. Cupertino should not entrust CSC to a vendor that prioritizes profits over quality and community service.

Conclusion
I urge the Council to reject the 10-year contract with Lifetime Activities and to pursue a better course of action:

Preserve tennis courts and reject pickleball conversions at CSC.

Retain control of court reservations under City management.

Reassess the RFP process to allow specialized vendors to serve residents’ needs effectively.

Limit any contract to 5 years or less, with performance reviews to protect Cupertino’s interests.

Please protect the interests of Cupertino residents by rejecting this ill-conceived proposal and prioritizing transparency, accountability, and quality in CSC’s future operations.

Thank you for your attention to this matter.

Sincerely,
Shrinivas Venkatraman
From: Vignesh Kalyanaraman
To: City Clerk
Subject: Fwd: Nov 19, 2024 Cupertino City Council Meeting: Pickleball on cts 9,10 Date: Tuesday, November 19, 2024 12:15:17 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Hello
This is Vignesh here, we are a long time member of Cupertino Sports center. Wanted to raise my thought and say, that please Do not convert tennis courts to pickleball.

Reasons
There are tons of other pickleball courts which are not even full CSC is one of the rare places that is a tennis heaven
Members fully occupy the tennis courts alongwith Junior development - vital for the future of the beautiful game
Appreciate all your help
Regards
Vignesh
---------- Forwarded message ---------
From: Piyush Lakhawat <[email protected]>
Date: Mon, Nov 18, 2024 at 8:16 PM
Subject: Fwd: Nov 19, 2024 Cupertino City Council Meeting: Pickleball on cts 9,10 To: Vignesh Kalyanaraman <[email protected]>, Sridhar Balijepalli <[email protected]>, shivajit mohapatra <[email protected]> Begin forwarded message:

From: Cupertino Tennis Club <[email protected]> Date: November 18, 2024 at 6:36:59 PM PST
To: [email protected]
Subject: Nov 19, 2024 Cupertino City Council Meeting: Pickleball on cts 9,10 Reply-To: Cupertino Tennis Club <[email protected]> View this email in your browser
Dear Members,
At the Tuesday 11/19/2024 Cupertino City Council meeting, the city is proposing to convert courts 9 and 10 to pickleball. This affects every tennis player at CSC so make yourself heard if you are against this proposal, either by writing an email to the city clerk ([email protected]) or better yet, attend the meeting.

Please contact Santosh Rao ([email protected]) more information.

Dave Babicz
CTC President
Copyright © 2024 Cupertino Tennis Club, All rights reserved.

You are receiving this email as a 2022 CTC Member
Our mailing address is:

Cupertino Tennis Club
21111 Stevens Creek Blvd
Cupertino, Ca 95014
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From: Ravi Shankar
To: Rachelle Sander; City Council; Pamela Wu; City Clerk Subject: Request to Pull Agenda Item 12 from Consent Calendar for Further Review Date: Tuesday, November 19, 2024 1:04:01 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Dear City Clerk,
Please include the below in written communications for the 11/19/24 city council meeting.

Mayor Sheila Mohan,
Members of the Cupertino City Council,
City Manager Pamela Wu,
Director of Parks and Recreation Rachelle Sanders,
City of Cupertino,
Subject: Opposition to Awarding the 10-Year Contract for Cupertino Sports Center to Lifetime Activities Dear Mayor Mohan, Council Members, City Manager Wu, and Director Sanders, I write to strongly oppose the proposed 10-year contract with Lifetime Activities, Inc., and to urge you to reject this agreement at the November 19, 2024, City Council meeting. The terms of this contract raise significant concerns about its impact on the Cupertino Sports Center (CSC), the local tennis community, and fiscal responsibility.

Key Issues and Demands
Courts 9 and 10 Must Not Be Converted to Pickleball:

Converting these courts would permanently reduce the availability of tennis courts, disproportionately affecting tennis players who rely on these facilities. CSC should prioritize preserving tennis courts for their intended use.

Court Reservations Should Remain Under City Control:

Outsourcing reservations to Lifetime undermines transparency, accountability, and equitable access for residents.

The City must retain control of the reservation system to safeguard fairness and reliability.

Reject the 10-Year Contract with Lifetime:

A decade-long commitment to a for-profit entity prioritizing revenue over quality is shortsighted. Lifetime’s poor track record in Sunnyvale and Santa Clara has led to deteriorated facilities and programming.

A shorter contract (5 years or less) allows the City to regularly assess vendor performance and safeguard community interests.

Split the RFP into Separate Contracts:

The current RFP bundles multiple services under one vendor, diluting accountability and expertise. The City should issue separate RFPs to:

Hire a tennis-focused vendor for instruction and pro shop services, ensuring the quality of tennis programs remains the priority.

Engage specialized vendors or subcontractors for other sports like pickleball, basketball, and chess, allowing greater flexibility and higher-quality programming.

Remove Unnecessary and Unrelated Items from the Contract:

Providing CSC office space to Lifetime is unwarranted and does not serve the community's interests. These provisions add no value to Cupertino residents and should be eliminated.

Gorin Tennis Academy Is a Superior Vendor:

Gorin Tennis Academy, with proven expertise in tennis instruction and player development, offers a better alternative. Gorin has successfully produced high school and collegiate-level players and operates effectively at De Anza and West Valley Colleges.

In contrast, Lifetime has failed to develop competitive tennis players at either college tennis level or high school level and has employed instructors with insufficient qualifications.

Oppose the $500,000 "Capital Improvements":

The proposed improvements prioritize pickleball court creation at the expense of tennis courts. These changes reflect misplaced priorities and do not align with CSC’s core users’ needs. Any addition of lights on outer courts 14 - 18 helps lifetime grow its revenue with nighttime tennis lessons and does nothing for CSC members playing tennis.

Process Recommendations
Pull Agenda Item 12 from the Consent Calendar:

This item demands full public discussion and should be deferred to a later meeting, ideally after the newly elected council majority assumes office.

If the item proceeds on November 19, it should be addressed early in the agenda to encourage public participation.

Direct Staff to Reassess the RFP:

Split the RFP into multiple contracts, allowing the City to select vendors specialized in their respective sports. This approach ensures higher quality and greater accountability for tennis and other programs.

Reject Lifetime’s Proposal in Its Current Form:

Any future contract should exclude unrelated provisions, such as providing office space to Lifetime, and prioritize resident-focused outcomes.

Retain City Oversight of Court Reservations:

The City must continue managing court reservations to ensure transparency and equitable access for all users.

Lifetime's History of Mismanagement
Lifetime’s poor track record demonstrates its unsuitability for this role. Residents in Sunnyvale and Santa Clara have repeatedly reported substandard facilities and programming under Lifetime’s management. Instructors often lack qualifications, and there is no evidence of Lifetime producing competitive tennis players. Cupertino should not entrust CSC to a vendor that prioritizes profits over quality and community service.

Conclusion
I urge the Council to reject the 10-year contract with Lifetime Activities and to pursue a better course of action:

Preserve tennis courts and reject pickleball conversions at CSC.

Retain control of court reservations under City management.

Reassess the RFP process to allow specialized vendors to serve residents’ needs effectively.

Limit any contract to 5 years or less, with performance reviews to protect Cupertino’s interests.

Please protect the interests of Cupertino residents by rejecting this ill-conceived proposal and prioritizing transparency, accountability, and quality in CSC’s future operations.

Thank you for your attention to this matter.

Sincerely,
Ravi Shankar
Cupertino resident since 1994
From: dongmei cao
To: City Clerk
Cc: Santosh Rao
Subject: No converting CSC Tennis Courts 9 and 10 to pickleball courts!! Date: Tuesday, November 19, 2024 1:12:58 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Dear City Council Clerk,
We are all very angered to learn that the City Council once again is eyeing Cupertino Sports Center's tennis courts. We, pass-holders of this Club, ask that you reconsider the following:

Rationale:
$24M contract under CONSENT!!! Seriously!?!? Buried in this contract are CIP projects that have NOT BEEN put on the Work Plan, or been discussed or been approved! They are being slipped in as part of a 20 page, 10-year contract! Buried in this contract is an implied approval to convert Tennis Courts #9 and #10 to pickleball courts WITHOUT any public discussion or input! Pickleball courts are LOUD and invasive to the neighbors. This is a change in use with NO PUBLIC INPUT! It’s a change in use at a place where the tennis courts are highly utilized! You don’t see the tennis courts unused! Buried in this contract is the mention of installing new neighbor-friendly LED lights for Tennis Courts #16 and #17. There is no CIP project for this change. There is no design guidelines for this change. It goes beyond the City Work Plan! Financial Reporting – should include by the class reporting yet what is listed is “gross revenues”. “Contractor’s right to give private lessons on any court” – there is no mention of the city’s compensation when this is done nor the city’s ability to reject this use since it is the contractor’s responsibility to schedule the courts! There is NO YEARLY REVIEW/EVALUATION on the contractor’s performance! No metrics to measure their success. PLEASE PULL ITEM #12 and discuss this contract. At the very least Remove the CIP projects Reduce the length of time of the contract.Consider the alternative proposal.

Respectfully,
Dongmei Cao
From: Anthony Brittis
To: City Clerk
Subject: Cupertino Sports Center - DO NOT support converting two courts to pickleball Date: Tuesday, November 19, 2024 1:15:45 PM
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Hi,
My name is Anthony Brittis. I have lived in Cupertino for 25 years and have been a Cupertino Sports Center member for over 30 years. I use the facility for tennis and workout equipment.

I do not support the conversion of Courts 9 and 10 from tennis to pickleball.

Tennis court supply at CSC is a premium and it is difficult to book courts during prime time.

Losing these courts will just make the problem worse. I will most likely not renew my CSC membership and opt to join Bay Club if the tennis court situation becomes worse.

Anthony Brittis
From: Derek Chen
To: Rachelle Sander; City Council; Pamela Wu; City Clerk Cc: Karen Chen
Subject: Opposition to Awarding the 10-Year Contract for Cupertino Sports Center to Lifetime Activities Date: Tuesday, November 19, 2024 1:22:04 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Dear Mayor Mohan, Council Members, City Manager Wu, and Director Sanders, I am writing to express my strong opposition to the proposed 10-year contract with Lifetime Activities, Inc. for the operation of the Cupertino Sports Center (CSC). I urge the Council to reject this proposal during the upcoming City Council meeting on November 19, 2024, as it presents several significant concerns that could negatively impact the CSC, the local tennis community, and the City’s fiscal responsibility.

Key Concerns and Recommendations:

1. Protect Tennis Courts - Do Not Convert Courts 9 and 10 to Pickleball:

Converting these courts into pickleball courts would permanently reduce the number of tennis courts available to residents, directly impacting the local tennis community. Tennis courts at CSC must be preserved for their intended use.

2. Retain City Control of Court Reservations:

Allowing Lifetime Activities to control court reservations compromises fairness, transparency, and access for Cupertino residents. The City must maintain oversight of the reservation system to ensure equitable access for all users.

3. Reject the 10-Year Commitment with Lifetime Activities:

A 10-year agreement with a for-profit entity is a long-term commitment that could prioritize revenue over community needs and quality. Lifetime's past performance in other cities, such as Sunnyvale and Santa Clara, has been disappointing, with deteriorating facilities and programs. I recommend a shorter contract (5 years or less) to ensure regular performance assessments and greater flexibility.

4. Issue Separate RFPs for Different Services:

Bundling all services under one vendor dilutes accountability and expertise. The City should issue separate RFPs for tennis instruction and pro shop services, and another for other sports like pickleball and basketball. This would allow the City to choose specialized vendors who can provide higher-quality programming and service.

5. Eliminate Unnecessary Provisions from the Contract:

The inclusion of providing office space to Lifetime is an unwarranted provision that does not benefit the community. It should be removed, as it adds no value to Cupertino residents.

6. Gorin Tennis Academy as a Strong Alternative:

Gorin Tennis Academy is a proven, reputable tennis-focused organization that would be a superior vendor for tennis instruction at CSC. Gorin has a track record of developing competitive players and operates effectively at De Anza and West Valley Colleges. Lifetime, in contrast, has failed to produce successful tennis players and has employed instructors with questionable qualifications.

7. Reconsider the $500,000 in Proposed “Capital Improvements”:

The proposed funding for pickleball court construction at the expense of tennis facilities reflects misguided priorities. These improvements do not align with the needs of the primary users of CSC, the tennis community. Additionally, the proposed addition of lighting on courts 14–18 appears designed to benefit Lifetime’s revenue-generating activities rather than meet the needs of CSC members.

Recommended Actions:

Remove Agenda Item 12 from the Consent Calendar: This matter requires full public discussion and should be deferred to a later meeting, ideally after the newly elected council members have taken office.

Ensure the Item is Addressed Early in the Agenda: If the item proceeds on November 19, it should be placed at the beginning of the agenda to allow for adequate public input.

Direct Staff to Reassess the RFP Process: Separate the RFP into distinct contracts to allow for specialized vendors and greater accountability.

Limit Any Future Contract to 5 Years or Less: This would provide the City with flexibility and the opportunity to assess vendor performance regularly.

Lifetime’s History of Mismanagement:

Lifetime’s track record in other cities raises serious concerns about its ability to effectively manage the Cupertino Sports Center. Reports of deteriorating facilities, unqualified instructors, and a lack of competitive tennis development are troubling. Cupertino deserves better than a vendor focused on profits over the well-being of its residents.

Conclusion:

I urge the City Council to reject this 10-year contract with Lifetime Activities and take a more thoughtful, resident-focused approach to managing the Cupertino Sports Center. This includes preserving tennis courts, retaining control over court reservations, and reconsidering the RFP process to ensure specialized and accountable vendors. Additionally, any future contract should be limited to five years, with performance reviews to protect the best interests of Cupertino’s residents.

Thank you for your attention to this important issue. I trust that you will prioritize the community’s needs and make the best decision for Cupertino’s future.

Sincerely,
Derek Chen
19711 Drake Drive
408-504-9467
From: Prabhu
To: Rachelle Sander; City Council; Pamela Wu; City Clerk Subject: Request to Pull Agenda Item 12 from Consent Calendar for Further Review Date: Tuesday, November 19, 2024 1:35:56 PM
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Dear Mayor Mohan, Cupertino City Council Members, City Manager Wu, and Parks & Rec Director Sanders,
I urge the City Council to pull Agenda Item 12 from the consent calendar for the 11/19/24 meeting and, if possible, to continue the item to a future date when the newly elected council is in session.

Agenda Item 12 proposes substantial changes that should not be approved without thorough discussion.

Key Objection: Converting Tennis Courts to Pickleball
I strongly oppose the proposal to convert Courts 9 and 10 at the Cupertino Sports Center (CSC) from tennis to pickleball.

1. Historic Use: These courts have served tennis players for over 30 years.

2. High Demand: Courts are oversubscribed, with bookings filling up within seconds of opening each week.

3. Noise Concerns: Pickleball generates significant noise, disrupting nearby tennis activities.

4. Existing Facilities: Pickleball facilities are already available at Memorial Park and De Anza College.

5. Out-of-Town Usage: A majority of pickleball players at CSC come from outside Cupertino.

Concerns with Lifetime's Contract Renewal
A 10-year contract renewal for Lifetime is excessive and should be reconsidered. Contracts should be limited to five years or fewer to ensure better terms and vendor accountability.

Performance Issues with Lifetime:

1. Court Maintenance: Courts are not cleaned bi-weekly as required by the current contract. Logs and photographic evidence of compliance should be audited.

2. Reservations: The city should retain control of court reservations instead of outsourcing to Lifetime, whose service quality is subpar in other cities like Santa Clara and Sunnyvale.

3. Tennis Instruction: Lifetime’s programs have failed to produce players of high school junior varsity or varsity-level competency, unlike Gorin Tennis Academy, which has a proven record of excellence.

4. Capital Improvements: The promised $500,000 lacks clear details and member input, with pickleball courts being an unwanted proposal.

5. Past Damage: Court 12 was damaged by Lifetime’s improper use for non-tennis activities (e.g., hosting ping pong).

6. Revenue Sharing: A 10%-12% revenue share is insufficient. The city could achieve higher returns by exploring alternative vendors like Gorin or directly managing some services.

Recommendations:

1. Retain Tennis Courts: Do not convert Courts 9 and 10 from tennis to pickleball.

2. Revisit Vendor Options: Consider Gorin Tennis Academy for superior tennis instruction and revenue potential.

3. Shorter Contract Term: Limit any contract to five years or fewer.

4. Audit Performance: Evaluate Lifetime’s compliance with maintenance and service standards before renewal.

5. Transparent Improvements: Explicitly specify all
Capital improvements to CSC and limit these to be relevant and specific to the needs of CSC users with a focus on tennis court improvements.

Given these significant concerns, I respectfully request the Council to:

Pull Agenda Item 12 from the consent calendar.

Direct staff to continue the item to a later date for comprehensive review and reconsideration.

Thank you for your attention to this matter.

Sincerely,
Prabhu Kuttiyam
A Cupertino Resident and a Cupertino Sports Center Member From: michel pedreno
To: City Clerk
Subject: Pickelball @ Cupertino Sport Center
Date: Tuesday, November 19, 2024 2:20:51 PM
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Hi,
I'm not a resident of Cupertino but live near by in West San Jose and have been a member of the Cupertino Sports Center since moving back to CA about a decade ago. I have just heard from members of the center that there will be a proposal to change tennis courts 9 and 10 at the center to pickeball courts. I would like to register my opposition to this proposal and instead ask that the City Council consider an alternate to keep the pickle ball courts on opposite sides of the Sport center. The Sport center has tennis courts on opposite corners and my suggestion is to maintain the separation that they have already set.

Thank you,
Michel
======================================================================== We’ve heard quite enough, Of experts and their dealings, Why face the facts, When you can just feel the feelings? Let’s lead this world a merry dance, Let’s give stupidity a chance - Neil Tennant From: Joan Hu
To: City Clerk
Subject: Oppose converting tennis courts to pickleball courts at CSC Date: Tuesday, November 19, 2024 2:27:07 PM
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To Whom it may concern,
I’ve been an active member of Cupertino Sports Center for 15+ years. As an avid tennis player, I’ve noticed that it’s getting increasingly harder to reserve a court during prime times of 9-11am and 5-8pm. I heard that there is a proposal to convert two of the tennis courts to pickleball courts. This would be a terrible blow to all the tennis players as there are limited courts currently and many times several of them are blocked off for lessons during certain time of the year. I’m sure this will affect CSC tennis membership enrollment.

Please do not support converting tennis courts into pickleball courts.

Thank you,
Joanne Hu
From: Prashanth Guduru
To: Rachelle Sander; City Council; Pamela Wu; City Clerk Subject: Opposition to Awarding the 10-Year Contract for Cupertino Sports Center to Lifetime Activities Date: Tuesday, November 19, 2024 2:29:43 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Dear City Clerk,
Please include the below in written communications for the 11/19/24 city council meeting.

Mayor Sheila Mohan,
Members of the Cupertino City Council,
City Manager Pamela Wu,
Director of Parks and Recreation Rachelle Sanders,
City of Cupertino,
Subject: Opposition to Awarding the 10-Year Contract for Cupertino Sports Center to Lifetime Activities
Dear Mayor Mohan, Council Members, City Manager Wu, and Director Sanders, I write to strongly oppose the proposed 10-year contract with Lifetime Activities, Inc., and to urge you to reject this agreement at the November 19, 2024, City Council meeting. The terms of this contract raise significant concerns about its impact on the Cupertino Sports Center (CSC), the local tennis community, and fiscal responsibility.

Key Issues and Demands
Courts 9 and 10 Must Not Be Converted to Pickleball:

Converting these courts would permanently reduce the availability of tennis courts, disproportionately affecting tennis players who rely on these facilities. CSC should prioritize preserving tennis courts for their intended use.

Court Reservations Should Remain Under City Control:

Outsourcing reservations to Lifetime undermines transparency, accountability, and equitable access for residents. The City must retain control of the reservation system to safeguard fairness and reliability.

Reject the 10-Year Contract with Lifetime:

A decade-long commitment to a for-profit entity prioritizing revenue over quality is shortsighted. Lifetime’s poor track record in Sunnyvale and Santa Clara has led to deteriorated facilities and programming.

A shorter contract (5 years or less) allows the City to regularly assess vendor performance and safeguard community interests.

Split the RFP into Separate Contracts:

The current RFP bundles multiple services under one vendor, diluting accountability and expertise. The City should issue separate RFPs to:

Hire a tennis-focused vendor for instruction and pro shop services, ensuring the quality of tennis programs remains the priority.

Engage specialized vendors or subcontractors for other sports like pickleball, basketball, and chess, allowing greater flexibility and higher-quality programming.

Remove Unnecessary and Unrelated Items from the Contract:

Providing CSC office space to Lifetime is unwarranted and does not serve the community's interests. These provisions add no value to Cupertino residents and should be eliminated.

Gorin Tennis Academy Is a Superior Vendor:

Gorin Tennis Academy, with proven expertise in tennis instruction and player development, offers a better alternative. Gorin has successfully produced high school and collegiate-level players and operates effectively at De Anza and West Valley Colleges.

In contrast, Lifetime has failed to develop competitive tennis players at either college tennis level or high school level and has employed instructors with insufficient qualifications.

Oppose the $500,000 "Capital Improvements":

The proposed improvements prioritize pickleball court creation at the expense of tennis courts.

These changes reflect misplaced priorities and do not align with CSC’s core users’ needs. Any addition of lights on outer courts 14 - 18 helps lifetime grow its revenue with nighttime tennis lessons and does nothing for CSC members playing tennis.

Process Recommendations
Pull Agenda Item 12 from the Consent Calendar:

This item demands full public discussion and should be deferred to a later meeting, ideally after the newly elected council majority assumes office.

If the item proceeds on November 19, it should be addressed early in the agenda to encourage public participation.

Direct Staff to Reassess the RFP:

Split the RFP into multiple contracts, allowing the City to select vendors specialized in their respective sports. This approach ensures higher quality and greater accountability for tennis and other programs.

Reject Lifetime’s Proposal in Its Current Form:

Any future contract should exclude unrelated provisions, such as providing office space to Lifetime, and prioritize resident-focused outcomes.

Retain City Oversight of Court Reservations:

The City must continue managing court reservations to ensure transparency and equitable access for all users.

Lifetime's History of Mismanagement
Lifetime’s poor track record demonstrates its unsuitability for this role. Residents in Sunnyvale and Santa Clara have repeatedly reported substandard facilities and programming under Lifetime’s management. Instructors often lack qualifications, and there is no evidence of Lifetime producing competitive tennis players. Cupertino should not entrust CSC to a vendor that prioritizes profits over quality and community service.

Conclusion
I urge the Council to reject the 10-year contract with Lifetime Activities and to pursue a better course of action:

Preserve tennis courts and reject pickleball conversions at CSC.

Retain control of court reservations under City management.

Reassess the RFP process to allow specialized vendors to serve residents’ needs effectively.

Limit any contract to 5 years or less, with performance reviews to protect Cupertino’s interests.

Please protect the interests of Cupertino residents by rejecting this ill-conceived proposal and prioritizing transparency, accountability, and quality in CSC’s future operations.

Thank you for your attention to this matter.

Sincerely,
Prashanth Guduru
From: Rhoda Fry
To: City Council; City Clerk
Subject: RE: 11/19/24 City Council #12 Lifetime Activities - please include under written communications Date: Tuesday, November 19, 2024 3:49:23 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Dear City Council,
Dear City Clerk, please include under written communications 11/19/24 City Council #12 Lifetime Activities
I am appalled that such a large contract would be put under the consent calendar.

This is an inappropriate use of the consent calendar.

The City Manager should never have allowed it.

And the City Mayor should have stopped it.

This is not okay.

Furthermore, given the change in use in our parks and rec facilities that are being proposed, this should have been brought to the parks and rec commission for vetting prior to being brought to council.

I am dismayed by the City making it very difficult for the public to be engaged in how are public facilities are used and how our public funds are allocated.

Thanks,
Rhoda Fry
From: Kitty Moore
To: City Clerk
Cc: Liang Chao
Subject: 2018 Lifetime Contract Amending 12-033
Date: Tuesday, November 19, 2024 9:39:06 PM
Attachments: 12-033 Amendment #1 Professional Services Agreement, Lifetime Tennis, Inc.pdf Dear City Clerk,
Please include the attached contract with Lifetime Tennis which expired June, 2024 in the Written Communications for item 12.

Thank you,
Kitty Moore
Kitty Moore
Councilmember
City Council
[email protected]
(408) 777-1389
From: Kitty Moore
To: City Clerk
Cc: Liang Chao
Subject: Item 12 Lifetime Tennis Contracts for Written Communications Date: Tuesday, November 19, 2024 9:38:51 PM
Attachments: Lifetime Tennis Agreement Pages from 07-03-2018 Searchable Packet.pdf Tennis Center Agreement with Lifetime Tennis (1).pdf
Lifetime Staff Report CC 11-19-2024 Searchable Packet (1)-2.pdf Dear City Clerk,
Please include the attached 3 documents: Cupertino 2018 Lifetime Staff Report and amendment, Sunnyvale Lifetime Tennis Center Agreement (2012), and current Cupertino 2024 Lifetime Staff Report.

Thank you,
Kitty Moore
From: Janet L Oshiro
To: City Clerk
Subject: Cupertino Sports Center & Pickle Ball proposal Date: Tuesday, November 19, 2024 7:28:27 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Hello,
Please keep Cupertino Sports Center courts #9 & 10 as tennis courts.

In the evenings, weekends, and weekday morning, the tennis courts are full and it's hard to get tennis court reservation. The noise would also serve as a distraction. Perhaps the courts across the parking lot can be used as dual purpose courts.

Thank you for your consideration.

Best regards,
Janet Oshiro
Cupertino Sports Center Member
From: Prashanth Guduru
To: J.R. Fruen; Rachelle Sander; City Council; Pamela Wu; City Clerk Subject: Re: Opposition to Awarding the 10-Year Contract for Cupertino Sports Center to Lifetime Activities Date: Tuesday, November 19, 2024 7:03:27 PM
Attachments: image001.png
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Thanks for your response.

Dear City Clerk,
Please include the below comments in written communications for the 11/19/24 city council meeting.

I would like to make the following comments in response.

1. Courts 16-18 are not pickleball only. They are tennis courts also used for pickleball. So there is no net gain of a tennis court.

2. Courts 16-18 are in bad condition especially the outermost court and not comparable to courts 9, 10.

3. Courts 16-18 have no lights today. It is unclear they can get resident community approval for lights from Commons as they can object and must be consulted to add lights.

4. Courts 16-18 have no screens and ball sighting is an issue.

5. Courts 9-10 would be converted to full time pickleball causing a net loss of two courts.

Note again that courts 16-18 are not full time pickleball today. They are tennis courts used for pickleball.

6. The noise from pickleball adjacent to tennis courts is going to be deafening and a major distraction. In addition it means there are 32 players on two courts or more causing more distractions.

Sincerely,
Prashanth Guduru
On Tue, Nov 19, 2024 at 2:54 PM J.R. Fruen <[email protected]> wrote:

Prashanth,
Thank you for reaching out about Item 12. Please know that the proposed included capital improvements for the tennis courts results in a net gain of one new tennis court compared to the current arrangement. Per the staff reports, though Courts 9 and 10 would be repurposed for pickleball, the existing pickleball courts at Courts 16, 17, and 18, will be restriped for tennis. The purpose of the change is to reduce potential noise impacts to neighbors living in the townhouse complex immediately north of the Sports Center by shifting the pickleball courts south towards the street-facing side of the property. Here is a relevant excerpt from the staff supplemental report, which you can find here: https://cupertino.legistar.com/View.ashx? M=E3&ID=1127831&GUID=559A90E0-898F-480A-923E-ACBBBECF083F&G=74359C04- A5F0-4CB2-A97A-0032996BB90E
You may wish to read through the rest of the supplemental report as well. It speaks to some of your other concerns, too.

J.R. Fruen
Vice Mayor
City Council
[email protected]
(408)777-1316
From: Prashanth Guduru <[email protected]>
Sent: Tuesday, November 19, 2024 2:29 PM
To: Rachelle Sander <[email protected]>; City Council <[email protected]>; Pamela Wu <[email protected]>; City Clerk <[email protected]> Subject: Opposition to Awarding the 10-Year Contract for Cupertino Sports Center to Lifetime Activities
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Dear City Clerk,
Please include the below in written communications for the 11/19/24 city council meeting.

Mayor Sheila Mohan,
Members of the Cupertino City Council,
City Manager Pamela Wu,
Director of Parks and Recreation Rachelle Sanders,
City of Cupertino,
Subject: Opposition to Awarding the 10-Year Contract for Cupertino Sports Center to Lifetime Activities
Dear Mayor Mohan, Council Members, City Manager Wu, and Director Sanders, I write to strongly oppose the proposed 10-year contract with Lifetime Activities, Inc., and to urge you to reject this agreement at the November 19, 2024, City Council meeting. The terms of this contract raise significant concerns about its impact on the Cupertino Sports Center (CSC), the local tennis community, and fiscal responsibility.

Key Issues and Demands
Courts 9 and 10 Must Not Be Converted to Pickleball:

Converting these courts would permanently reduce the availability of tennis courts, disproportionately affecting tennis players who rely on these facilities. CSC should prioritize preserving tennis courts for their intended use.

Court Reservations Should Remain Under City Control:

Outsourcing reservations to Lifetime undermines transparency, accountability, and equitable access for residents. The City must retain control of the reservation system to safeguard fairness and reliability.

Reject the 10-Year Contract with Lifetime:

A decade-long commitment to a for-profit entity prioritizing revenue over quality is shortsighted. Lifetime’s poor track record in Sunnyvale and Santa Clara has led to deteriorated facilities and programming.

A shorter contract (5 years or less) allows the City to regularly assess vendor performance and safeguard community interests.

Split the RFP into Separate Contracts:

The current RFP bundles multiple services under one vendor, diluting accountability and expertise. The City should issue separate RFPs to:

Hire a tennis-focused vendor for instruction and pro shop services, ensuring the quality of tennis programs remains the priority.

Engage specialized vendors or subcontractors for other sports like pickleball, basketball, and chess, allowing greater flexibility and higher-quality programming.

Remove Unnecessary and Unrelated Items from the Contract:

Providing CSC office space to Lifetime is unwarranted and does not serve the community's interests. These provisions add no value to Cupertino residents and should be eliminated.

Gorin Tennis Academy Is a Superior Vendor:

Gorin Tennis Academy, with proven expertise in tennis instruction and player development, offers a better alternative. Gorin has successfully produced high school and collegiate-level players and operates effectively at De Anza and West Valley Colleges.

In contrast, Lifetime has failed to develop competitive tennis players at either college tennis level or high school level and has employed instructors with insufficient qualifications.

Oppose the $500,000 "Capital Improvements":

The proposed improvements prioritize pickleball court creation at the expense of tennis courts. These changes reflect misplaced priorities and do not align with CSC’s core users’ needs. Any addition of lights on outer courts 14 - 18 helps lifetime grow its revenue with nighttime tennis lessons and does nothing for CSC members playing tennis.

Process Recommendations
Pull Agenda Item 12 from the Consent Calendar:

This item demands full public discussion and should be deferred to a later meeting, ideally after the newly elected council majority assumes office.

If the item proceeds on November 19, it should be addressed early in the agenda to encourage public participation.

Direct Staff to Reassess the RFP:

Split the RFP into multiple contracts, allowing the City to select vendors specialized in their respective sports. This approach ensures higher quality and greater accountability for tennis and other programs.

Reject Lifetime’s Proposal in Its Current Form:

Any future contract should exclude unrelated provisions, such as providing office space to Lifetime, and prioritize resident-focused outcomes.

Retain City Oversight of Court Reservations:

The City must continue managing court reservations to ensure transparency and equitable access for all users.

Lifetime's History of Mismanagement
Lifetime’s poor track record demonstrates its unsuitability for this role. Residents in Sunnyvale and Santa Clara have repeatedly reported substandard facilities and programming under Lifetime’s management. Instructors often lack qualifications, and there is no evidence of Lifetime producing competitive tennis players. Cupertino should not entrust CSC to a vendor that prioritizes profits over quality and community service.

Conclusion
I urge the Council to reject the 10-year contract with Lifetime Activities and to pursue a better course of action:

Preserve tennis courts and reject pickleball conversions at CSC.

Retain control of court reservations under City management.

Reassess the RFP process to allow specialized vendors to serve residents’ needs effectively.

Limit any contract to 5 years or less, with performance reviews to protect Cupertino’s interests.

Please protect the interests of Cupertino residents by rejecting this ill-conceived proposal and prioritizing transparency, accountability, and quality in CSC’s future operations.

Thank you for your attention to this matter.

Sincerely,
Prashanth Guduru
From: Kitty Moore
To: City Clerk
Cc: Liang Chao
Subject: Written Communications Item 12
Date: Tuesday, November 19, 2024 5:57:27 PM
Attachments: 12-033 Amendment #1 Professional Services Agreement, Lifetime Tennis, Inc.pdf Dear City Clerk,
Please include the attached contract with Lifetime Tennis which expired June 2024 in the Written Communications for item 12.

Thank you,
Kitty Moore
Kitty Moore
Councilmember
City Council
[email protected]
(408) 777-1389
From: Snadra39
To: City Council; City Clerk; Rachelle Sander; Pamela Wu Subject: 11/19/24 Council Meeting - Request to Pull Agenda Item 12 from Consent Calendar Date: Tuesday, November 19, 2024 5:29:54 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Dear City Clerk,
Please include the below in written communications for the 11/19/24 City Council Meeting.

Thank you.
———————————————————————————————————————————
Dear Mayor Mohan, Cupertino City Council Members, City Manager Wu, and Parks & Rec Director Sanders,
I am writing to urge the City Council to pull Agenda Item 12 from the consent calendar for the 11/19/24 meeting and, if possible, to continue the item to a future date when the newly elected council is in session.

Agenda Item 12 proposes substantial changes that should not be approved without thorough discussion.

Key Objection: Converting Tennis Courts to Pickleball
I strongly oppose the proposal to convert Courts 9 and 10 at the Cupertino Sports Center (CSC) from tennis to pickleball, for the following reasons:

1. Demand and Supply: Converting courts 9 and 10 to pickleball will make fewer tennis courts available to CSC members and thereby exacerbate the already “hard to get a court” situation faced by CSC tennis members.

2. Noise Issue: a tennis court can accommodate 4 tennis players or up to 16 pickleball players. Sixteen players per court will generate a lot more noise with chatter/laughter than 4 per court. Moreover, the sound that pickleballs generate is extremely loud and distracting for tennis players on adjacent and nearby courts.

3. Existing Facilities: There are already some CSC tennis courts that have pickleball lines (in the area opposite the main office/gym). It is extremely difficult to play tennis on these dual-lined courts and I strongly object to any more courts being converted, especially since nearby De Anza college and Memorial Park have pickleball facilities, not to mention other smaller local parks like Calabazas. If more pickleball courts are needed then there is plenty more space at Memorial Park that could be converted.

4. Parking: Parking is often extremely tight at CSC, especially during peak hours. Adding an extra 12 people to 2 courts will only worsen the situation.

There are other proposed changes in Item 12 - also very concerning to me - that I feel should not be approved without full discussion and transparency. I therefore respectfully request the Council to:
- Pull Agenda Item 12 from the consent calendar
- Direct staff to continue the item to a later date for comprehensive review and reconsideration.

Thank you in advance for your attention to this matter.

Sincerely,
Sandra Miller
From: Tak Young
To: J.R. Fruen; Rachelle Sander; City Council; Pamela Wu; City Clerk Subject: Re: Request to Pull Agenda Item 12 from Consent Calendar for Further Review Date: Tuesday, November 19, 2024 5:13:26 PM
Attachments: image001.png
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Dear City Clark,
Please include the below in written communications for the 11/19/24 city council meeting.

Thanks,
Tak K Young
-------------------------------------------------------------------------------------------------------------------- Dear J.R. Fruen, Vice Mayor, City Council,
Thank you for your response to item 12.

Please note courts # 16, 17 and 18 do not have lights. They ae not available for tennis in the evening. I also notice that these courts are seldomly deing used in the pre-dawn hours also. Since court #9 and #10 have lights, they are currently being used for tennis in the evenings and they are heavily booked in the evenings. Your claim that there is a net gain of one new tennis court is not accurate.

Please also note that the pickle ball noise has also negative impact to the tennis courts close to the courts and poise distraction to the tennis players. This will also have impact to courts 3,4 and 5 when there are USTA matches.

I would also like to point out that this "planned" change was a surpise with no discussion to the members of the Cupertino Sports Center. I hope that the Cupertino City Council can be transparent in informing the affected people in the city (and in this case, member of the Cupertino Sports Center).

Thanks,
Tak K Young
(40 years of Cupertino resident and member of Cupertino Sports Center) On Tue, Nov 19, 2024 at 3:16 PM J.R. Fruen <[email protected]> wrote:

Tak,
Thank you for reaching out about Item 12. Please know that the proposed included capital improvements for the tennis courts result in a net gain of one new tennis court compared to the current arrangement. Per the staff reports, though Courts 9 and 10 would be repurposed for pickleball, the existing pickleball courts at Courts 16, 17, and 18, will be restriped for tennis. As a result, there would be more tennis courts and fewer pickleball courts at the Sports Center. The purpose of the change is to reduce potential noise impacts to neighbors living in the townhouse complex immediately north of the Sports Center by shifting the pickleball courts south towards the street-facing side of the property. Here is a relevant excerpt from the staff supplemental report, which you can find here: https://cupertino.legistar.com/View.ashx? M=E3&ID=1127831&GUID=559A90E0-898F-480A-923E-ACBBBECF083F&G=74359C04- A5F0-4CB2-A97A-0032996BB90E
You may wish to read through the rest of the supplemental report as well. It speaks to some of your other concerns, too.

J.R. Fruen
Vice Mayor
City Council
[email protected]
(408)777-1316
From: Tak Young <[email protected]>
Sent: Saturday, November 16, 2024 9:19 PM
To: Rachelle Sander <[email protected]>; City Council <[email protected]>; Pamela Wu <[email protected]>; City Clerk <[email protected]> Subject: Request to Pull Agenda Item 12 from Consent Calendar for Further Review CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Dear City Clerk,
Please include the below in written communications for the 11/19/24 city council meeting.

Thanks,
Tak K Young
--------------------------------------------------------------------------- Dear Mayor Mohan, Cupertino City Council Members, City
Manager Wu, and Parks & Rec Director Sanders,
I urge the City Council to pull Agenda Item 12 from the consent calendar for the 11/19/24 meeting and, if possible, to continue the item to a future date when the newly elected council is in session.

Agenda Item 12 proposes substantial changes that should not be approved without thorough discussion.

Key Objection: Converting Tennis Courts to Pickleball
I strongly oppose the proposal to convert Courts 9 and 10 at the Cupertino Sports Center (CSC) from tennis to pickleball.

1. Historic Use: These courts have served tennis players for over 30 years.

2. High Demand: Courts are oversubscribed, with bookings filling up within seconds of opening each week.

3. Noise Concerns: Pickleball generates significant noise, disrupting nearby tennis activities.

4. Existing Facilities: Pickleball facilities are already available at Memorial Park and De Anza College.

5. Out-of-Town Usage: A majority of pickleball players at CSC come from outside Cupertino.

Concerns with Lifetime's Contract Renewal
A 10-year contract renewal for Lifetime is excessive and should be reconsidered. Contracts should be limited to five years or fewer to ensure better terms and vendor accountability.

Performance Issues with Lifetime:

1. Court Maintenance: Courts are not cleaned bi-weekly as required by the current contract. Logs and photographic evidence of compliance should be audited.

2. Reservations: The city should retain control of court reservations instead of outsourcing to Lifetime, whose service quality is subpar in other cities like Santa Clara and Sunnyvale.

3. Tennis Instruction: Lifetime’s programs have failed to produce players of high school junior varsity or varsity-level competency, unlike Gorin Tennis Academy, which has a proven record of excellence.

4. Capital Improvements: The promised $500,000 lacks clear details and member input, with pickleball courts being an unwanted proposal.

5. Past Damage: Court 12 was damaged by Lifetime’s improper use for non-tennis activities (e.g., hosting ping pong).

6. Revenue Sharing: A 10%-12% revenue share is insufficient. The city could achieve higher returns by exploring alternative vendors like Gorin or directly managing some services.

Recommendations:

1. Retain Tennis Courts: Do not convert Courts 9 and 10 from tennis to pickleball.

2. Revisit Vendor Options: Consider Gorin Tennis Academy for superior tennis instruction and revenue potential.

3. Shorter Contract Term: Limit any contract to five years or fewer.

4. Audit Performance: Evaluate Lifetime’s compliance with maintenance and service standards before renewal.

5. Transparent Improvements: Explicitly specify all
Capital improvements to CSC and limit these to be relevant and specific to the needs of CSC users with a focus on tennis court improvements.

Given these significant concerns, I respectfully request the Council to:

Pull Agenda Item 12 from the consent calendar.

Direct staff to continue the item to a later date for comprehensive review and reconsideration.

Thank you for your attention to this matter.

Sincerely,
Tak K Young
From: Ronny Tey
To: City Council; Cupertino City Manager"s Office; City Clerk Subject: Cupertino Sports Center Concerns
Date: Tuesday, November 19, 2024 4:34:44 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Hello Council Members,
I understand that on the agenda tonight is the contract extension for Lifetime Activities to manage the Cupertino Sports Center (CSC). CSC is a huge asset for Cupertino and does so many things for the city and its citizens including promoting a healthy lifestyle, providing a gathering place for the community, inviting non-Cupertino residents to enjoy and spend their money in Cupertino, and bringing pride to the city. I have been an active member of CSC since 1997 and as you know the membership and activities at CSC have continued to increase along with its popularity.

I am concerned that Lifetime Activities if they are to win this contract extension is considering converting 2 of the main 12 tennis courts to pickleball courts. Pickleball is a very popular sport but it is not a sport that can be seamless integrated with other sports and activities because of the level and type of noise it generates. There are numerous studies including this one that have concluded that while pickleball noise is not dangerous, it is annoying to the human ear as it produces average decibel levels of 70dBA.

The noise from pickleball courts is driving everyone crazy. Scientists are trying to come up with a solution.

I urge the council to not allow Lifetime Activities to convert tennis courts 9 and 10 to pickleball courts for several reasons:

1. There is already a shortage of tennis courts. Popular times for courts are booked literally 7 days ahead at 8:00a. Courts for 9:30a time slots everyday and anytime after 5:00p on weekdays are no longer available at 8:01a! Reducing the number of tennis courts will only exacerbate this shortage. CSC has and is experiencing growing popularity due to tennis, not pickleball.

2. Courts 1-12 at CSC are tennis courts that are located near each other. Replacing courts 9 and 10 with 4-8 pickleball courts with up to 32 extra pickleball players will disrupt tennis on the surrounding courts not only with noise but also extra foot traffic.

If we must have pickleball courts at CSC, it would make more sense to convert courts 14 and 15, which are at the other side of CSC on the corner of Stevens Creek Blvd and Anton Way. The city has already approved building up to 6 pickleball courts and additional parking on the Stevens Creek Blvd and Anton Way corner of Memorial Park. Pickleball noise could be contained in that area instead of literally spreading it to courts 9 and 10 on the other side of the CSC. Courts 14 and 15 are currently being used as teaching courts by Lifetime Activities. Perhaps they could use courts 16-19 as teaching courts.

Please help maintain the enjoyment of CSC by not allowing Lifetime Activities to convert any tennis court between 1-12 to pickleball courts.

Best,
Ronny Tey
From: Vitaly Gorin
To: Rachelle Sander; City Council; Pamela Wu; City Clerk Cc: Stacey Joslin; Felix Katman
Subject: Quilan Community Center
Date: Tuesday, November 19, 2024 4:08:50 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Dear Council member,
My name is Vitaly Gorin and along with my wife, Stacey Joslin, own the Gorin Tennis Academy.

I would like to ask you to consider awarding the contract to our organization based on our experience as well as the fact that we have projected bigger revenue then our competitor.

In the original bid there weren't opportunities for multiple options of bids, but it looks like our competition was able to submit multiple options that we were not given a chance to do so.

Also we weren't made aware that a one time contribution was possible as we could have offered more. In the Q&A it was expressed that once a vendor was picked a price could be negotiated and that the 10% was what the city was asking. We could definitely have offered more but were not aware that we had that option as well.

Please consider letting us increase the monetary offer or at least making the process a bit more equal for both the bidding sides.

Sincerely,
Vitaly Gorin
(916)622-0972
CC 11-19-2024
Item No. 14
City Manager's First
Quarter Financial Report
(FY) 2024-25
Written Communications
From: Rhoda Fry
To: City Council; City Clerk
Subject: 11/19/24 City Council #14 First Quarter Financial Report - please include under written communications Date: Tuesday, November 19, 2024 3:51:43 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Dear City Council,
Dear City Clerk, please include under written communications 11/19/24 City Council #14 First Quarter Financial Report
I am very upset that this item is on the consent calendar.

We are in a structural deficit.

This type of item warrants a presentation.

The City Manager should have put this on the action calendar and the City Mayor should never have allowed it to remain on consent.

Sincerely,
Rhoda Fry
CC 11-19-2024
Item No. 16
Adopt an allocation
plan for funds
uncommitted from the
Sales Tax Repayment
Reserve
Written Communications
From: Peggy Griffin
To: City Council
Cc: City Clerk
Subject: 2024-11-19 City Council Meeting - AGENDA ITEM 16 - Spending CDTFA Tax Money Date: Monday, November 18, 2024 12:41:02 AM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

PLEASE INCLUDE THIS EMAIL AND ANY ATTACHMENTS AS PART OF WRITTEN COMMUNICATIONS FOR THE ABOVE MEETING AGENDA ITEM.

Dear City Councilmembers,
On Page 2 of 4 it states “As explained in detail in the allocation plans, the options presented by staff attempt to balance the City’s need for long-term investment and desire to restore certain reductions with the need for long-term fiscal prudence.” Yet, no where in the Staff Report does it discuss the “restoration of” services! All it discusses is the need to add new positions to the huge overhead that currently exists.

On Page 2 of 4, 3rd paragraph, it mentions “restoring reduced services, and setting some funding aside” yet I do not see these options presented! SUGGESTION:

We already have 2 positions under Administrative Services – Finance and Human Resources yet only one person fills both these slots. Separate them out as they were intended. Both positions have been approved. Fill them with different people.

DELETE Last item on Page 5 of 6. One resident requests an item and it appears on the list yet I do not see the Lawrence Mitty Park project anywhere on this list and it has funding! Why does ONE RESIDENT take precedence?
DELETE Last 2 items on Page 6 of 6. They were not accepted yet they appear again?!?! Delete them and stop bringing them up.

RESTORE the services that were cut! No where in the attachments could I find this item specified in dollars and cents! Just in “words” in the staff report.

Put these funds on hold in the “rainy day fund/emergency fund” until the new council is established.

REQUEST:

RESTORE the services that were cut! No where in the attachments could I find this item specified in dollars and cents! Just in “words” in the staff report.

Put the remainder of the funds on hold in the “economic uncertainty fund” in an interest bearing account where the interest goes into the General Fund. Allow the new council to revisit the use of these funds. You are less than 1 month away from establishing a new council.

Sincerely,
Peggy Griffin
From: Rhoda Fry
To: City Council; City Clerk
Subject: 11/19/24 City Council #16 uncommitted Sales Tax Repayment Reserve please include under written communications
Date: Tuesday, November 19, 2024 3:57:36 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Dear City Council,
Dear City Clerk, please include under written communications 11/19/24 #16 uncommitted Sales Tax Repayment Reserve
We have managed to not spend the money for many months.

Let’s not spend it.

The City knew as far back as 2006, if not earlier, that the Apple deal would go away.

The idea had been in the finance department to grow that money so that the City could be selfsustaining.

There is NO way that the City will recover from this blow.

We need to be saving and not spending use the interest as income.

The budget only looks forward 10 years – after that we will fall off of a cliff without reserves.

If you care about Cupertino, please do not allocate any budget items to it.

PUT THE MONEY IN AN ECONOMIC UNCERTAINTY FUND
Here is the info from the 2006 budget.

Here is the link to the 2006 budget:

Budget 2006-2007 (cupertino.org)
Here is the text - - - snip is also attached. See the 25th page of the link above.

I will try to send another email showing how much we were making per capita on sales tax before the time window closes to illustrate our dire straits.

Sincerely,
Rhoda Fry
From: Kitty Moore
To: City Clerk; Kirsten Squarcia; Lauren Sapudar
Subject: Written Communications Item 16 Question
Date: Tuesday, November 19, 2024 9:38:48 PM
Attachments: image002.png
Dear City Clerk,
Please include this email for written communications item 16:

Who is making the donation to pay for a new position Grant Analyst and what is their interest in funding this specific city position?
Thank you,
Kitty Moore
Kitty Moore
Councilmember
City Council
[email protected]
(408) 777-1389
From: Rhoda Fry
To: City Council; City Clerk
Subject: RE: 11/19/24 City Council #16 uncommitted Sales Tax Repayment Reserve please include under written communications PART 4
Date: Tuesday, November 19, 2024 4:20:54 PM
Attachments: AlcohBevABTBWDSpExTax_chart (1).pdf
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

PLEASE GO TO THIS LINK and get an understanding as to what our PER CAPITA sales tax revenue looks like as compared to other cities.

We had it good with Apple.

It is going away.

Compare us to Los Altos.

I ran the chart below directly from this link by setting up filters.

DON’T BE FOOLISH!!!
STOP WRECKLESS SPENDING!!!
The RED BAR REPRESENTS PER CAPITA SPENDING!!!
DO CUPERTINO RESIDENTS SPEND 9X MORE ON GOODS THAN LOS ALTOS RESIDENTS????
NO!!! That’s primarily APPLE and INSIGHT tax-sharing money that you’re looking at (and there are certainly some businesses in there as well – but primarily it is tax-sharing income).

The image below is the same as the pdf attached.
https://www.cdtfa.ca.gov/dataportal/charts.htm?url=TaxSalesCRCityCounty

From: Rhoda Fry
To: City Council; City Clerk
Subject: 11/19/24 City Council #16 uncommitted Sales Tax Repayment Reserve please include under written communications PART 3
Date: Tuesday, November 19, 2024 4:09:03 PM
Attachments: image001.png
image002.png
per capita.xlsx
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Whoops – in my haste, I emailed the wrong chart . . .

This is the PER CAPITA CHART.

WE WILL NEVER RECOVER. AND KEEP IN MIND SAN JOSE HAS A TAX-SHARING AGREEMENT WITH EBAY!!!
Here is the source spreadsheet with data gathered from CDTFA.

From: Rhoda Fry <[email protected]>
Sent: Tuesday, November 19, 2024 4:01 PM
To: 'City Council' <[email protected]>; '[email protected]' <[email protected]>
Subject: RE: 11/19/24 City Council #16 uncommitted Sales Tax Repayment Reserve please include under written communications PART 2
Hi City Council,
This chart compares sales-tax per capita in various neighboring Cities.

Moving forward, we will be looking more like Los Altos and Saratoga for sales-tax per capita income.

Please invest the money we have and treat it like an endowment.

Thanks,
Rhoda

From: Rhoda Fry
To: City Council; City Clerk
Subject: RE: 11/19/24 City Council #16 uncommitted Sales Tax Repayment Reserve please include under written communications PART 2
Date: Tuesday, November 19, 2024 4:07:07 PM
Attachments: image002.png
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Hi City Council,
This chart compares sales-tax per capita in various neighboring Cities.

Moving forward, we will be looking more like Los Altos and Saratoga for sales-tax per capita income.

Please invest the money we have and treat it like an endowment.

Thanks,
Rhoda