CC 05-06-2025 Searchable Packet.pdf — Cupertino City Council, May 6, 2025 (part 4 of 4)

4. Photovoltaic Systems Design and Installation: requested by Councilmembers Chao and Wang for potential reduction in the scope.

5. Bollinger Road Corridor Study: requested by Councilmembers Moore and Wang for defunding consideration.

6. Silicon Valley Hopper EV Parking: requested by Councilmember Wang for defunding consideration.

Refer to Attachments A and B for information shared on these projects at the April 2 Council meeting. Attachment C is cost analysis information on the Photovoltaic Systems Design and Installation project from the presentation to the City Council on February 4 in the context of awarding the design-build contract.

Available Options
In the sections that follow, information is provided on the existing funding and the fiscal impacts of defunding or continuing with each project.

1. Stevens Creek Boulevard Class IV Bikeway - Phase 2A Construction & Design of Phase 2
Project Description: Phase 2A includes design and construction of the separated bikeway along Stevens Creek Boulevard (SCB) from Wolfe Road to De Anza Blvd.

Improvements include traffic signal modifications at Wolfe Road and De Anza Blvd. to provide separate bicycle phasing.

SCB Class IV Bikeways is the top priority from the 2016 Bicycle Transportation plan (BTP), and a Tier One priority of the 2018 Pedestrian Transportation Plan (PTP) – improving vehicular, bicyclist and pedestrian safety along one of Cupertino’s busiest arteries was considered a highly important project. This project is also a subsequent phase of a previous project (Phase 1). Phase 2 Design was approved as part of the FY2020-2021 CIP, and Phase 2 Construction was approved as a new project in the FY2021-2022 CIP.

Status of the project: The SCB Class IV Bikeway, Phase 2A will begin construction activities in summer 2025. The contractor is currently procuring materials with long lead times. Project completion is expected by the end of the calendar year.

Funding: The City anticipates receiving the grant funds upon completion of Phase 2A as noted in the tables below. The grant funds will not increase the project funding but will be used to reduce the expenditure of City funds allocated to the project. //
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TABLE 1A
Project name Project Description Year
Initiated
Approved
Funding
Project
Total
Unencumbered
Funds
Stevens
Creek Blvd.

Class IV
Bikeway
Phase 2A
Design (2A and 2B) and
Construction (2A) of the
separated bikeway along
Stevens Creek Blvd. from
Wolfe Road to DeAnza
Blvd. (Externally Funded,
in part)
FY20-21 $350,000 $2,350,000 $277,829
Expenses to
date: ~$310,000
Construction, City Funding FY21-22 $2,000,000
OBAG FY24-25 $807,000
SB1 FY24-25 $693,000
Fiscal Summary: The project (Phase 2A) has a total of $2,350,000 in City funding, not including grants. Approximately $310K has been spent to date, and the project is expected to have $2.2 million in expenses by the end of the project. The fiscal summary from the 2/04/25 mtg is copied below.

TABLE 1B - FISCAL SUMMARY (information from February 4 Staff report) Current Funding Status (Budget) Amount
City Approved Funds FY 21 – Phase 2A and 2B Design
Phase
$350,000
City Approved Funds FY 22 – Construction (Phase 2A) $2,000,000 Design and Construction Phase 2 – Subtotals:
(budget unit 420-99-036)
$2,350,000
Projected Funding Impact (Expenses) Amount
Design Phase Expenditures to date ($213,863)
Design Phase (for Phase 2B Design completion) ($96,620) *Construction Contract ($1,569,798 base contract and
$156,980 contingency)
($1,726,778)
*Construction Management ($185,000)
Subtotal: ($2,222,261)
*If Phase 2A project were defunded, a portion of these funds could be recovered.

Summary Amount
Current Project Budget (420-99-036) $2,500,090
Projected Funding Impact ($2,222,261)
Remaining Funds: $277,829
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Construction Phase 2A
External Funding
Amount Local Match Total Amount
One Bay Area Grant (OBAG) **$807,000 $93,000 $900,000
Senate Bill 1 (SB1) **$693,000 $32,000 $725,000
Total **$1,500,000 $125,000 $1,625,000
**The grant funds will offset Phase 2A expenditures.

Option 1 – Defund the Project
Defunding the project would allow approximately $2.04 million ($2,350,000 - $310,000 = $2,040,000) of City funds to be reallocated, pending resolution of expenditures on the construction contract and construction management contracts which are not accounted for presently. The City has paid approximately $310,000 in design phase expenses for Phase 2A and 2B.

The SB1 funding ($693,000) can be reallocated to another qualifying project. The VTA OBAG-2 funding ($807,000) would be lost. While it is possible that VTA would allow relocation of these funds, it is highly unlikely. This action could also hinder the City’s ability to secure OBAG grant funding in the future.

The City would also be cancelling two fully executed contracts for construction and construction management/inspection. The City has a “termination for convenience” clause built into our contracts. The City will need to provide some compensation to the contractor for activities to date, but this would be a relatively small portion of the contract total. At this time, an estimate would be $25K to $50K. With regards to future project bids, there could be some impacts as some contractors may decide to focus bidding efforts on projects from other Cities or private entities that do not have a history of terminating contracts. Additionally, these contractors would most likely be reluctant to spend time and effort on future bids in Cupertino.

Option 2 – Continue with the Project
Phase 2A construction has $1,500,000 in external funding which offsets the actual cost to the city to approximately $725K. ($2,222,261 - $1,500,000 = $722,261).

TABLE 1C – FISCAL IMPACT OF DEFUNDING
Options Approved
City Funding
*Expenses/
Encumbrances
Grant
Funding
Applied
Funding
Return
Defund $2,350,000 ($310,000) $2,040,000
Proceed $2,350,000 ($2,222,261) $1,500,000 $1,627,739
Difference $412,261
*Expenses-to-date are noted in the context of Defunding. Encumbrances (contracts) are considered if proceeding with the project.
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2. Stevens Creek Boulevard Class IV Bikeway - Phase 2B Construction Project Description: Phase 2B includes construction of the separated bikeway along SCB from De Anza Blvd. to Highway 85.

The designs for SCB Phase 2A and 2B were jointly funded. SCB Bikeway Phase 2B and the Bandley Drive Signal Upgrade projects are intended to be combined during construction to increase efficiency, however funding is noted separately because the Bandley intersection project is partially funded with developer in-lieu fees.

This project is designated as a priority in the BTP and PTP and is a subsequent phase of a previous project (Phase 1 and 2A). Improving vehicular, pedestrian and bicyclist safety along SCB is a primary concern. The BTP named this the first priority, and the PTP assigned this Tier 1 priority.

Status of the project: The SCB Class IV Bikeway, Phase 2B is 95% complete with the design phase. Prior to commencing with bidding and construction, the City intends to search for external funding sources and will return to City Council for funding approval for the project.

TABLE 2
Project name Project Description Year
Initiated
Approved
Funding
Project
Total
Unencumbered
funds
Stevens
Creek Blvd CL
IV Bikeway
Phase 2B
Construction of the
separated bikeway along
Stevens Creek Blvd from
De Anza Blvd to US-85.

This includes signal
upgrades at Bandley Drive.
*The design funding was in
conjunction with Phase 2A.

FY20-21 $0 $0 $0
*Expenses to
date: $0
*Expenses to date for design are included in the Phase 2A design total.

Option 1 – Defund the Project
Defunding the project would result in $0 of City funds to be reallocated. The City has paid approximately $310,000 in design phase expenses for Phase 2A and 2B.

Option 2 – Continue with the Project
It is likely that external funding will be available for construction of Phase 2B to offset the use of City funds. However, no external funding has been acquired for Phase 2B to date. The estimated construction cost of this project is $1,800,000. 499
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3. Stevens Creek Boulevard Class IV Bikeway - Bandley Dr. Signal Project Description: Upgrades to the traffic signal at Bandley Dr. and SCB will include new conduit, wiring, traffic signal boxes, two new signal heads, and a split phase signal operation for vehicles entering onto SCB, to enhance safety and overall signal operation efficiency.

SCB Phase 2A and 2B were jointly funded in design. SCB Bikeway Phase 2B and Bandley Drive Signal Upgrade projects are combined in design and construction to increase efficiency, however funding is noted separately because the Bandley intersection project is partially funded with developer in-lieu fees.

Status of the project: For efficiency, the design and construction of this project is combined with the SCB Class IV Bikeway, Phase 2B project, which is 95% complete with the design phase.

TABLE 3A
Project name Project Description Year
Initiated
Approved
Funding
Project
Total
Unencumbered
Funds
Bandley
Intersection
Signal upgrades at
Bandley Drive. Scope of
work will be included in
SCB Phase 2B for
efficiency. (Externally
Funded, in part)
FY18-
19 $150,090 $142,208
Expenses to
date:
$7,882
In-Lieu funds FY18-
19 $25,658
City funding FY18-
19 $124,432
Option 1 – Defund the Project
Defunding the project would result in $116,550 of City funds to be reallocated. The developer in-lieu funds would be addressed by the City Attorney at a future date.

Option 2 – Continue with the Project
It is likely that external funding will be available for construction of Phase 2B to offset the use of City funds.

TABLE 3B – FISCAL IMPACT OF DEFUNDING
Options Approved
City Funding
*Expenses/
Encumbrances
Grant
Funding
Applied
Funding
Return
Defund $124,432 ($7,882) $116,550
Proceed $124,432 ($150,090) $25,658 $0
Difference $116,550
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*Expenses-to-date are noted in the context of Defunding. Encumbrances (contracts) are considered if proceeding with the project.

4. Bollinger Road Corridor Study
Project Description: The City intends to undertake a multifaceted approach to further inform the Bollinger Road Corridor Safety Study (BRCSS) recommendations. Traffic modeling will perform microsimulation analyses of proposed alternatives. This will evaluate potential impacts, such as congestion or traffic diversion, and identify necessary mitigation measures. The City will engage a consultant to design and execute a robust stakeholder engagement process, including interviews, surveys, and workshops, culminating in a report to combines the findings and communicates outcomes. Lastly, a traffic enforcement initiative, guided by the Safe System Approach, will fund two traffic enforcement agents for a one-year pilot, enhancing safety as the project develops.

This project is a health and safety priority, has been requested by the Bicycle Pedestrian Commission in response to a fatality that occurred along this stretch of Bollinger Road, is a subsequent phase of a previous project following the 2020 initial study. Enhancing safety along the Bollinger Road Corridor is a priority in both the BTP and PTP. Secured grant funding for the analysis made it fiscally responsible to begin the study at this time.

Status of the project: The City is coordinating with the grant agency to finalize and execute the grant agreement. Once the grant agreement is finalized, the City intends to procure a consultant team to perform the analysis and outreach efforts. The predesign/analysis work on the Bollinger Road Corridor will be a two+ year process that is anticipated to be completed in FY 2028-2029. Funding for the final design and construction would be pursued after the analysis is complete. It is anticipated that the design and construction would be initiated in FY 2030-2031.

The grant funding secured is from a federal grant program, which currently leaves some uncertainty as to whether the City will be able to finalize the grant agreement, and thus the City has not initiated any efforts that result in further expenditure. Federal Highway Administration (FHWA) has not yet signed the grant agreement and they are evaluating all pending agreements.

TABLE 4A
Project name Project Description Year
Initiated
Approved
Funding
Project
Total
Unencumbered
funds
Bollinger
Road Corridor
Study
Traffic analysis,
topographic and utilities
survey, and preliminary
engineering of Bollinger
FY24-
25 $106,400 $532,000 $532,000
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Road. (Externally Funded,
in part)
Safe Streets 4 All (SS4A)
grant
FY24-
25 $425,600
Option 1 – Defund the Project
Defunding the project would result in $106,400 of City funds being reallocated, and the grant funding would be lost.

Option 2 – Continue with the Project
It is likely that external funding will be available for the design and construction of the project once the traffic analysis and community input from this study are compiled into a report.

TABLE 4B – FISCAL IMPACT OF DEFUNDING
Options Approved
City Funding
*Expenses/
Encumbrances
Grant
Funding
Applied
Funding
Return
Defund $106,400 $0 $106,400
Proceed $106,400 ($532,000) $425,600 $0
Difference $106,400
*Expenses-to-date are noted in the context of Defunding. Encumbrances (contracts) are considered if proceeding with the project.

5. Photovoltaic Systems Design and Installation
Project Description: In 2023 PG&E announced a solar buy-back rate decrease, designated as Net-Energy Metering 3 (NEM 3), for electricity generated by photovoltaic (PV) systems. However, a window was provided to allow grandfathering buy-back rates, at the more economically-attractive NEM 2.0 rates, if interconnection applications were successfully submitted and corresponding systems are operational by 2026. NEM

2.0 Interconnection Applications were successfully submitted to PG&E for five Cupertino facilities: Blackberry Farm, Civic Center, Library, Quinlan Community Center & Senior Center, and Sports Center. This project aims to design and build PV systems at three of these locations. Council reviewed and approved the conceptual designs for Community Hall, Quinlan Community Center, and Sports Center in December 2024, before awarding the Design Build contract in February 2025. 502
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The City must connect the proposed photovoltaic systems to the grid by 4/15/2026 to take advantage of the NEM 2.0 applications, which provides 75 – 80% greater compensation than NEM 3 rates for electricity that is fed back into the electrical system.

The savings in utility costs are projected to be approximately $290K annually, and $13.4 million over a 30-year lifespan. Installation of the PV systems is projected to provide substantial fiscal savings on utility costs. The use of cleaner energy sources is also a CAP goal.

Status of the project: The PV project contracts for the design-build entity and construction management were approved in February and the design phase is underway.

TABLE 5A
Project name Project Description Year
Initiated
Approved
Funding
Project
Total
Remaining
Funds
Photovoltaics
Systems (PV)
Design &
Installation
This project will design-build
PV systems at three
locations: Quinlan
Community Center,
Cupertino Sports Center, and
Community Hall.

Estimated Completion: 2026
FY24-25 $6,300,000 $6,300,000 $6,296,600
Fiscal Summary (information from the February 4 staff report to award the DB contract):

The PV Project budget (420-99-274) has a total City-funded approved project budget of $6,300,000. The total expenditures after completion of the project are estimated to be $4,624,491, with remaining funds of $1,675,509.

TABLE 5B - Fiscal Summary Table
Current Funding Status (Budget) Amount
City Approved Funds - FY 25 $6,300,000
Projected Funding Impact (Expenses) Amount
Expenses to date (Conceptual Design) ($59,610)
Construction Contract ($3,939,881 base contract and
$400,000 contingency)
($4,339,881)
Construction Management ($225,000)
Subtotal: ($4,624,491)
Summary Amount
Current Project Budget (420-99-036) $6,300,000
Projected Funding Impact ($4,624,491)
Remaining Funds: $1,675,509
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The City will apply for the Inflation Reduction Act (IRA) Direct Pay credit at the end of the project. If the application is successful, the rebate will cover 30% of the cost of the PV system installation. The project will also pursue the “Build America Buy America Act” (BABAA) domestic content bonus credit program for energy projects, which could return an additional 10% to the City. The BABAA bonus credit requires that the project use a specified percentage of domestically produced steel, iron, and manufactured products. The revenue from either of these rebate programs, as much as $1.4 million, is not guaranteed.

The IRA credits are potentially at risk. At this time, Presidential Administration has paused all funding disbursements for projects funded by the Inflation Reduction Act.

Any disbursements are currently required to receive specific approval from the federal government.

Option 1 – Defund the Project
Defunding the project would result in approximately $6.2 million of City funds to be reallocated. The design-build contract with Syserco ($3.9 million) has been executed and some funds would be reimbursed to Syserco for time spent. The City would not see the $13.4 million in savings over the next 30 years on utility costs – those savings would be lost if the project is defunded.

Option 2 – Continue with the Project
This project is anticipated to save $13.4 million in the next 30 years in utility costs. Refer to Attachment C for more detail. With the federal rebates projected, 9 years is the payback period for the project costs. Without the federal rebates, the payback period is 13 years.

TABLE 5C – FISCAL IMPACT OF DEFUNDING
Options Approved
City Funding
*Expenses/
Encumbrances Rebate Funding Return
Defund $6,300,000 ($59,610) $6,240,390
Proceed $6,300,000 ($4,624,491) $1,679,068 $3,354,577
Difference $2,885,813
*Expenses-to-date are noted in the context of Defunding. Encumbrances (contracts) are considered if proceeding with the project.

6. Silicon Valley Hopper EV Parking
Project Description: Provide electric vehicle charging stations (EVCS) for Silicon Valley Hopper EV fleet [formerly Via shuttle]. The Silicon Valley Hopper fleet requires dedicated EVCS for operational efficiency.
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Initiated as a pilot program by City Council in 2019 as Via-Cupertino, the micro-transit rideshare program rebranded in 2023 as Silicon Valley (SV) Hopper when it partnered with the City of Santa Clara.

The project budget includes design and construction. The budget is not adequate for additional electrical service upgrades, if required. A search for additional external funding is underway. Presently the EV fleet is being parked and charged at De Anza College. The city of Santa Clara is exploring the option of providing overnight charging at existing EVCS in Santa Clara. They have been working with their utility provider for over a year, but the outcome is still uncertain.

Status of the project: The City is currently seeking professional design services to prepare plans for construction.

TABLE 6A
Project name Project Description Year
Initiated
Approved
Funding
Project
Total
Unencumbered
funds
Silicon Valley
Hopper EV
parking
Provide electric vehicle
charging stations (EVCS)
for SV Hopper (formerly
VIA) fleet.

FY22-23 $350,000 $350,000 *$321,000
*$29,000 has been spent on preliminary engineering and design information.

Option 1 – Defund the Project
Defunding the project would result in $321,000 of City funds to be reallocated.

Defunding the project means that the City would be reliant on utilizing non-City owned facilities to support the fleet of electric shuttle vehicles.

Option 2 – Continue with the Project
It is likely that external funding will be available for the design and construction of this project.

TABLE 6B – FISCAL IMPACT OF DEFUNDING
Options Approved
City Funding
*Expenses/
Encumbrances
External
Funding
Funding
Return
Defund $350,000 ($29,000) $321,000
Proceed $350,000 ($350,000) $0 $0
Difference $321,000
*Expenses-to-date are noted in the context of Defunding. Encumbrances (contracts) are considered if proceeding with the project.

Summary
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As part of the Capital Improvement Programs (CIP) review discussion on April 2, the City Council requested the opportunity to review certain CIP projects to consider defunding.
 Stevens Creek Boulevard Class IV Bikeway - Phase 2A, 2B and Bandley Intersection: approximately $2.15 million could be returned to the Capital Reserve. This project was the top priority of the 2016 Bicycle Transportation Plan to enhance safety on Stevens Creek Boulevard. Defunding this project could marginalize the City’s ability to acquire grant funding from VTA in the future.  Bollinger Road Corridor Study: the A conceptual study was published in 2021 and was informed by prior pedestrian/vehicular collisions that resulted in two deaths. The proposed traffic analysis and public outreach is partially (80%) funded through external grants, and the analysis will provide information essential to understanding the potential next steps. Defunding the study will return $100,000 to the Capital Reserve.
 Photovoltaic Systems Design and Installation: Approximately $6.2 million could be returned to the Capital Reserve. The completed project is anticipated to save $13.4 million over the next 30 years. With the federal rebates projected, 9 years is the payback period for the project costs. Without the federal rebates, the payback period is 13 years.
 Silicon Valley Hopper EV Parking: Approximately $321,000 could be returned to the Capital Reserve if this project is defunded. Defunding the project means that our City’s fleet of electric shuttle vehicles are housed at non-City properties when not in use.

Sustainability Impact
No sustainability impact.

Fiscal Impact
Defunding of a CIP project would result in the approximate “Funding Return” total (listed below) being returned to the Capital Reserve.
1) Stevens Creek Boulevard Class IV Bikeway - Phase 2A = $2,040,000 2) Stevens Creek Boulevard Class IV Bikeway - Phase 2B = $0 3) Bandley Dr. Signal Upgrade = $116,550
4) Bollinger Road Corridor Study = $106,400
5) Photovoltaic Systems Design and Installation = $6,240,390 6) Silicon Valley Hopper EV Parking = $321,000
Proceeding with the CIP project would result in the use of the previously appropriated funds, offset by the external funding listed in the tables above (approximately $1.9M to $3.6M).

City Work Program (CWP) Item/Description
None
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California Environmental Quality Act
No California Environmental Quality Act impact
_____________________________________
Prepared by: Susan Michael, CIP Manager
Reviewed by: Chad Mosley, Director of Public Works
Tina Kapoor, Deputy City Manager
Approved for Submission by: Pamela Wu, City Manager
Attachments:

A – FY 25-26 CIP Project Narratives-defunding review
B – FY 25-26 CIP Fiscal Summary Table
C – Photovoltaic Systems project cost analysis February 2025 507
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CIP FY 2024-2025 • 5-year plan ATTACHMENT A

CAPITAL IMPROVEMENT PROGRAMS
FISCAL YEAR 2024-2025
and 5-YEAR PLAN

NEW PROJECT NARRATIVES
LEGEND
Health and Safety Improvements
Council, Commissions and/or Community Priority
High Priorities established through City’s Master Plans or Condition Assessment Reports
Projects that are subsequent phases of existing projects; or projects in the queue that need to be activated
Projects that have secured external funding
CIP FY24-25 • 5-year plan ATTACHMENT A page 1 Projects that have secured external funding, or which can result in positive fiscal impacts to the City CIP FY25-26 • 5-YEAR PLAN ATTACHMENT B PROJECT NARRATIVES FISCAL YEAR 2025 - 2026

PROJECT NARRATIVES
Attachment B
for Defunding Review ATTACHMENT A SIX May 6, 2025
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CIP FY25-26 5-YEAR PLAN PROJECT NARRATIVES
Stevens Creek Blvd Class IV Bikeway Phase 2A
Separated Bikeway & Signal Upgrades
Total City Funding $ 2,350,000
City Funding $ 2,350,000
External Funding $ 807,000 (OBAG)
External Funding $ 693,000 (SB1)
Remaining Funds (Feb 2025) $ 277,829
Funding Source, Approved Plan GF/GF, BTP
Project Category Transportation
Project Type Design and Construction
Location SCB: Wolfe to De Anza
Origin of Request Public Works
Budget Unit 420-99-036, ST 053 and ST 059
Initiated FY20-21
Project Description
Project Justification
Prioritization
Projected Schedule/5-year Plan information
Funding Information
Operating Budget Impacts
Phase 2A includes design and construction of the separated bikeway along Stevens Creek Blvd (SCB) from Wolfe Road to De Anza Blvd. Improvements include traffic signal modifications at Wolfe Road and De Anza Blvd to provide separate bicycle phasing.

The 2016 Bicycle Transportation Plan identifies improvements needed and priorities to enhance and promote safer bicycle transportation in the City. The number one priority of the Plan was to provide a separated Class IV bicycle lane on Stevens Creek Blvd. This project is the second phase to address that priority.

Design and Documentation, and community outreach for Phase 2A (Wolfe Road to De Anza Blvd.) is complete. The construction contract for Phase 2A was awarded in February 2025. Construction will be complete before the end of the calendar year. See Phase 2B project narrative for more information on the subsequent work on this project.

It is anticipated that separated bike lanes will require additional maintenance to sweep bike lanes clean of debris. This cost will be in addition to normal street sweeping operations and will be included in the Operating budget.

Improving vehicular, pedestrian and bicyclist safety is a primary concern. The Bike Transportation plan named this the first priority, and the Pedestrian Transportation assigned this Tier 1 priority.

External grant funding has been secured for this project (OBAG and SB1 funding) and this will be used to reduce the Citys costs on Phase 2A. The remainder of the funds allocated by the City for Phase 2 will be used on Phase 2B.

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CIP FY25-26 5-YEAR PLAN PROJECT NARRATIVES
Stevens Creek Blvd Class IV Bikeway Phase 2B
Separated Bikeway & Signal Upgrades
Total City Funding* $ TBD
City Funding* $ 0
External Funding $ 0
Remaining Funds (Feb 2025) N.A.

Funding Source, Approved Plan GF/GF, BTP
Project Category Transportation
Project Type Design and Construction
Location SCB: De Anza to Highway 85
Origin of Request Public Works
Budget Unit 420-99-036, ST 053 and ST 059
Initiated FY20-21
Project Description
Project Justification
Prioritization
Projected Schedule/5-year Plan information
Funding Information
Operating Budget Impacts
Phase 2B includes design and construction of the separated bikeway along Stevens Creek Blvd (SCB) from De Anza Blvd. to Highway 85. Upgrades to the traffic signal at Bandley Dr. and Stevens Creek Blvd. will include new conduit, wiring, traffic signal boxes, two new signal heads, and a split phase signal operation for vehicles entering onto Stevens Creek Blvd. *Note: SCB Phase 2A and 2B were jointly funded in design. SCB Bikeway Phase 2B and Bandley Drive Signal Upgrade projects are combined in design and construction to increase efficiency, however funding is noted separately because the Bandley intersection project is funded with DIL fees.

Design and Documentation of Phase 2B and the Bandley project is 95% complete. The project will be permitted, bid, and constructed once Phase 2A is complete.

Improving vehicular, pedestrian and bicyclist safety is a primary concern. The Bike Transportation plan named this the first priority, and the Pedestrian Transportation assigned this Tier 1 priority. *External grant funding has been secured for Phase 2A of this project and this will be used to reduce the Citys costs on Phase 2A. The remainder of the funds allocated by the City for Phase 2 will then be used on Phase 2B. External funding may be available for Phase 2B.

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CIP FY25-26 5-YEAR PLAN PROJECT NARRATIVES
Bandley Drive Signal Upgrades
Traffic & Signal Upgrades
Total Funding $ 150,090
City Funding $ 124,432
External Funding $ 25,658 (DIL)
Remaining Funds (Feb 2025) $ 142,210
Funding Source, Approved Plan GF & DIL/GF, BTP
Project Category Transportation
Project Type Design and Construction
Location SCB & Bandley Intersection
Origin of Request Public Works
Budget Unit 420-99-070, ST044
Initiated FY18-19
Project Description
Project Justification
Prioritization
Projected Schedule/5-year Plan information
Funding Information
Operating Budget Impacts
Upgrades to the traffic signal at Bandley Dr. and Stevens Creek Blvd. will include new conduit, wiring, traffic signal boxes, two new signal heads, and a split phase signal operation for vehicles entering onto Stevens Creek Blvd. Note:

SCB Bikeway Phase 2B and Bandley Drive Signal Upgrade projects are combined in design and construction to increase efficiency. Funding is noted separately because the Bandley intersection project is funded with DIL fees.

The Bandley Drive Signal Upgrades will significantly enhance pedestrian safety and pedestrian connectivity across Stevens Creek Blvd within the Crossroads district by reducing pedestrian-vehicle conflicts. Vehicle safety will also be increased for vehicles exiting the Crossroads driveway and Bandley Drive.

The signal upgrades will not increase operational costs.

Design and Documentation of Phase 2B and the Bandley project is 95% complete. The project will be permitted, bid, and constructed once Phase 2A is complete.

Improving vehicular, pedestrian and bicyclist safety is a primary concern. This project will significantly enhance pedestrian and vehicular safety.

External grant funding has been secured for Phase 2A. Additional external funding may be available for Phase 2B. The remainder of the City funds allocated for Phase 2 will be applied to Phase 2B once Phase 2A is complete. The scope of work for the Bandley intersection will be included in the Phase 2B scope of work for efficiency.

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CIP FY25-26 5-YEAR PLAN PROJECT NARRATIVES
Bollinger Road Corridor Study
Traffic Analysis, Feasibility and Preliminary Design
Total Funding $ 532,000
City Funding $ 106,400
External Funding $ 425,600
5-year Funding Total $ 4,000,000
Remaining Funds (Feb 2025) $ 532,000
Funding Source, Approved Plan GF, BTP & BCSS
Project Category Transportation
Project Type Design and Construction
Location Bollinger Road, De Anza Blvd to
Lawrence Exp.

Origin of Request Public Works, BPC
Budget Unit 270-99-270, ST 067
Initiated FY24-25
Project Description
Project Justification
Prioritization
Projected Schedule/5-year Plan information
Funding Information
Operating Budget Impacts
In December 2020, City staff initiated a safety and operational study of the Bollinger Road from De Anza Boulevard to Lawrence Expressway to identify improvements that will enhance pedestrian, bicycle, motor-vehicle, and transit operations as a safety corridor. This is a collaboration between the City of Cupertino and City of San José.

Further design and analysis work is required. This includes a topographic and utilities survey of Bollinger Road, preliminary engineering, and traffic analysis. The traffic analysis will determine the potential for the road diet (Alternative A from 2020 Feasibility Study) to increase congestion or divert traffic onto residential streets, and any corresponding mitigation measures to limit that impact (Alternative B from 2020 Feasibility Study).

Year 1 work includes preliminary design, feasibility, public outreach, traffic analysis, and topographic surveying. Year 2 will see continuation of Year One activities and initial preliminary engineering. Year 3 will encompass final preliminary engineering and preparation of final plans, specifications, and estimates.

T.B.D.

External grant funding obtained; 20% matching funds required. Improves safety and sustainable means of transportation and builds upon master plan priorities. Initial Traffic Study and preliminary designs can be initiated in this FY by PW.

Funding for analyses, public outreach, and preliminary plans, and estimates. Construction of improvements will require additional funding.

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CIP FY25-26 5-YEAR PLAN PROJECT NARRATIVES
Photovoltaic Systems Design & Installation
Total Funding $ 6,300,000
City Funding $ 6,300,000
External Funding $ 0
Remaining Funds (Feb 2025) $ 6,296,600
Funding Source, Approved Plan CR, CAP
Project Category Sustainability, Facilities
Project Type Design and Construction
Location Community Hall, Sports
Center, Quinlan
Community Center
Origin of Request Public Works
Initiated FY24-25
Project Description
Project Justification
Prioritization
Projected Schedule/5-year Plan Information
Funding Information
Operating Budget Impacts
In 2023 PG&E announced a rate decrease for electricity generated by photovoltaic (PV) systems (NEM 3) but provided a window to allow grandfathering the more economically-attractive NEM 2.0 rates if interconnection applications were successfully submitted and corresponding systems operational by 2026. NEM 2.0 Interconnection Applications were successfully submitted to PG&E for five Cupertino facilities: Blackberry Farm, Civic Center, Library, Quinlan Community Center & Senior Center, and Sports Center. This project aims to design and build PV systems at three locations. Council reviewed and approved the conceptual designs for Community Hall, Quinlan Community Center and Sports Center in December 2024 before awarding the Design Build contract in February 2025.

The City must connect the proposed photovoltaic systems to the grid by 4/15/2026 in order to take advantage of the NEM 2.0 applications, which provides 75 80% greater compensation than NEM 3 rates for electricity that is fed back into the electrical system. The savings in utility costs are projected to be $290K annually, and $13.4M over a 30yr lifespan.

Conceptual Design development and cost analysis completed in 2024. Design-Build: March 2025 to April 2026 Installation of the PV systems is projected to save $290K annually in utility costs. While additional maintenance will be required for the PV systems, additional staffing will not be required for ongoing operations and maintenance.

Installation of the PV systems is projected to provide substantial savings on utility costs, going forward. The use of cleaner energy sources is a CAP goal.

The proposed budget will enable design and construction of the systems. Inflation Reduction Act credits projected for this project are approximately $1.4M. Staff will also pursue other grant funding opportunities.

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PAGE 7 OF 7
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FISCAL YEAR 2025 - 2026 CAPITAL IMPROVEMENT PROGRAMS • 5-YEAR PLAN Funding Types LEGEND Approved Plan(s)
RUC = Restricted Use Category Parks ADA - ADA Transition Plan AP - Apple Funded Donation Streets & Infrastructure BCSS - Bollinger Road Corridor Safety Study BBF - Blackberry Farm Enterprise Fund (560)(RUC) Transportation BCA - Building Condition Assessment DIL - Developer in Lieu Fund (RUC) Facilities CAP - Climate Action Plan DON - Donation New project for FY25-26 CCMP - Civic Center Master Plan GF - General Fund (420/429) (unrestricted) BTP - Bicycle Transportation Plan PD - Park Dedication Fund (280) (RUC) EP - Santa Clara County Expressway Plan RP - Recreation Program Enterprise Fund (580) (RUC) FMP - 2020 Fiber Master Plan SC - Sports Center Enterprise Fund (570) (RUC) GP - General Plan SCCP - Stevens Creek Corridor Park Capital Projects MPP - McClellan Ranch Preserve Master Plan Fund (427) (RUC) PMP - Pedestrian Master Plan
SD - Storm Drain Improvement Fund (210) (RUC) PRSMP - Parks & Recreation System Master Plan TF - Transportation Fund (270) (RUC) PTP - Pedestrian Transportation Plan RRGE - Regnart Road Geotechnical Evaluation
SCC - Stevens Creek Corr. Park Master Plan & Restor.

SDMP - Storm Drain Master Plan
EXISTING & NEW FY25-26 PROJECTS
Description City Funding External Project
Funding
Current Total
Project Budget
Remaining Funds
(3/14/25)
FY 25-26 City
Funding
Funding Type Approved Plan Budget Unit Project No. FY Initiated ADA Improvements (Annually funded) 970,000 0 970,000 191,990 110,000 GF GP/ADA 420-99-007 PVAR 002 FY16 Facilities Condition Assessment (FCA) Implementation 2,006,470 423,420 2,429,890 1,536,282 940,000 GF BCA 420-99-063 BAI 001 FY19 City Hall Annex 3,000,000 0 3,000,000 1,872,539 GF CCMP 420-99-248 CIV 010 FY22 City Hall Improvements 500,000 0 500,000 378,036 GF CCMP 420-99-250 CIV 011 FY22 Library Expansion Project: landscaping & courtyard 8,705,438 1,000,000 9,705,438 1,391,910 GF CCMP 420-99-077 CIV 007 FY20 All Inclusive Play Area & Adult-Assistive Bathroom Facility (Jollyman Park)
2,418,146 2,473,201 4,891,347 4,255,313 GF PRSMP 420-99-051 PVAR 007 FY19 Lawrence-Mitty Park and Trail Plan 6,850,909 0 6,850,909 4,422,565 DIL GP, PRSMP 280-99-009 P LM 001 FY19 Park Amenity Improvements 600,000 0 600,000 417,460 GF PRSMP 420-99-086 PVAR 011 FY21 MRP West Parking Lot Improvements (Habitat monitoring) 1,069,682 0 1,069,682 1,611 420-99-030 MRW 002 FY17 Annual Playground Replacement 1,500,000 0 1,500,000 913,755 GF PRSMP 420-99-085 PVAR 010 FY21 Stevens Creek Bridge Repair 172,000 688,000 860,000 172,000 TF GP 420-99-267 ST 063 FY24 McClellan Road Bridge Reconstruction 0 5,850,000 5,850,000 5,850,000 Grants GP 420-99-273 ST 066 FY25 - City Lighting LED improvements 1,350,000 1,350,000 501,074 GF GP 420-99-258 ST 052 FY22 City Bridge Maintenance Repairs (BPMP) 2,176,105 1,893,195 2,176,105 174,347 TF GP 270-90-960 ST 002 FY15 Street Light Installation - Annual Infill (Annually funded) 430,000 0 430,000 142,241 GF GP 420-99-056 ST 024 FY18 Vai Avenue Outfall 490,000 0 490,000 438,756 CR, SD GP 420-99-275 ST 065 FY25 Outfall Repairs 950,000 0 950,000 N.A. 950,000 CR, SD GP FY26 Subtotal, Page 1 (Existing & New Projects) 33,188,750 12,327,816 43,623,371 22,659,879 2,000,000 FY25-26 CIP Page 1 of 3

ATTACHMENT B
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EXISTING & NEW FY25-26 PROJECTS (CON'T.)
Description City Funding External Project
Funding
Current Total
Project Budget
Remaining Funds
(3/14/25)
FY 24-25 City
Funding
Funding Type Approved Plan Budget Unit Project No. FY Initiated Stevens Creek Blvd CL IV Bikeway - Phase 2A & Design 2,350,000 1,500,000 2,350,000 277,829 GF, Grant BTP 420-99-036 ST 053 FY21 Stevens Creek Blvd CL IV Bikeway - Phase 2B (design
included in Phase 2A)
0 0 0 0 GF, DIL BTP 420-99-070 ST 044 FY19
Stevens Creek Blvd CL IV Bikeway - Bandley Dr. Signal 124,432 25,658 150,090 142,210 GF, DIL BTP 420-99-070 ST 044 FY19 Bollinger Road Corridor Study 106,400 425,600 532,000 532,000 CR, Grant BCSS 270-99-270 ST 067 FY25 Roadway Safety Improvements - High Friction Pavement &
Speed Feedback Signage (HSIP)
356,180 3,205,620 3,561,800 3,500,800 CR/ Grant GP 270-99-271 ST 068 FY25 Tamien Innu - East Segment 0 2,536,000 2,536,000 1,411,377 AP/Grant BTP, PTP 420-99-036 ST 050, ST 046 FY21 Tamien Innu - Central Segment 0 4,785,000 4,785,000 4,582,979 AP/Grant BTP, PTP 420-99-036 ST 050, ST 046 FY21 Tamien Innu - West Segment 0 600,000 600,000 600,000 AP/Grant BTP, PTP 420-99-036 ST 051 FY21 School Walk Audit Implementation 23,989 1,221,863 1,245,852 939,405 AP/GF GP, PTP 420-99-069 ST 034 FY19 Electric Vehicle Charging Station (EVCS) expansion - Service Center
560,000 560,000 560,000 CR CAP 420-99-272 ST 069 FY25
Photovoltaic Systems Design and Installation 6,300,000 0 6,300,000 6,296,600 CR CAP 420-99-274 FVAR 004 FY25 Silicon Valley Hopper EV Parking 350,000 0 350,000 321,000 GF, TIRCP CAP 100-88-265 ST 062 FY23 Subtotal, Page 2 (Existing & New Projects) 10,171,001 14,299,741 22,970,742 19,164,200 0 Total (Existing & New Projects) 43,359,751 26,627,557 66,594,113 41,824,079 2,000,000 FY25-26 CIP Page 2 of 3 516
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COMPLETED PROJECTS
Description City Funding Revenue Funding
Sources
Total Project
Budget
Remaining Funds
(3/14/25)
Funding Type Approved Plan Budget Unit Project No. FY Initiated Blackberry Farm Pool Improvements 750,000 0 750,000 31,204 GF PRSMP 420-99-073 BBF 004 FY22 Vai Avenue Outfall - Repairs* 490,000 0 490,000 438,756 CR, SD GP 420-99-275 ST 065 FY25 De Anza Boulevard Buffered Bike Lanes 530,533 166,259 530,533 10,194 GF BTP 420-99-262 ST 061 FY23 McClellan Road Separated Bike Corridor, Phase 3 164,410 2,135,000 2,299,410 99,273 AP/GF/ Grant BTP 420-99-036 ST 047 FY20 Totals (Completed Projects) (Vai is not included) 1,444,943 2,301,259 3,579,943 140,671

FIVE-YEAR PLAN
Project
(Years 2-5 show 5% escalation costs in grey text)
FY25-26
Funding
Year 2
FY26-27
Projected Cost
Year 3
FY27-28
Projected Cost
Year 4
FY28-29
Projected Cost
Year 5
FY29-30
Projected Cost
Funding Type Approved Plan Budget Unit Project No. CIP project # ADA Improvements (Annually funded) 110,000 115,000 120,000 125,000 130,000 GF GP/ADA 420-99-007 PVAR 002 2016-03 Citywide Facilities Condition Assessment Implementation (FCA)
940,000 2,300,000 1,000,000 1,000,000 1,000,000 GF BCA 420-99-063 BAI 001 2019-02 Outfalls Repairs 950,000 600,000 600,000 600,000 600,000 CR, SD GP 420-99-273 ST 066 2025-03 BBF Golf Renovation: minimal repairs 1,433,250 1,504,880 1,580,150 1,659,158 BBF PRSMP, SCC totals 2,000,000 3,015,000 1,720,000 3,305,150 1,730,000 FY25-26 CIP Page 3 of 3 517
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PHOTOVOLTAIC PROJECT COST/SAVINGS 17-Oct-24

A B C D E F G H I J K L M
Facility kWh kWh Cost cost per
kWh
(ave.)
PV systems
kWH
generation
PV systems
annual
savings*
PV systems
annual
electrical
bill**
PV systems
lifecycle
savings***
Constrn Cost:

PV only
Constrn
Cost: EVCS /
Misc. NonITC items
only
Constrn. Cost
(PV + EV)
IRA funding
(40% of PV
only)
City Funding Payback
Period
(years)
****
Payback
Period (Years,
No ITC)
formula A/B B - E H + I H * 40% J - K
DBE contract pricing for 3 sites
Quinlan Community Center
(0116367009-116367840) 383,109 $121,336 $0.32 483,143 $163,067 -$41,731 $7,502,535 $1,691,865 $196,795 $1,888,660 $676,746 $1,211,914 6.72 9.77 Sports Center (0116367009-
116971849) 329,369 $108,143 $0.33 335,228 $96,612 $11,531 $4,518,119 $1,375,175 $201,868 $1,577,043 $550,070 $1,026,973 9.11 12.81 Community Hall (0116367009-
116367449) 114,600 $39,810 $0.35 71,332 $31,196 $8,614 $1,398,696 $471,816 $2,362 $474,178 $188,726 $285,452 8.11 12.32 $269,289 $290,875 -$21,586 $13,419,350 $3,538,856 $401,025 $3,939,881 $1,415,542 $2,524,339 with 10% contingency $4,339,881
with 'wood' contingency $4,639,881
*Annual savings includes 5% utility escalation over a 1.5 year construction period , Year 1
***Lifecycle Savings (30yrs) includes: 5% utility escalation, 0.5% module degradation, 30 years, NEM3 Included
**The costs (B) are offset by the kWh savings (E), resulting in lowered electrical bill (F)
****Discounted cashflow methodology includes: 5% utility escalation, 0.5% module degradation, 30 years, NEM3 Included

ATTACHMENT C - PHOTOVOLTAIC SYSTEMS DESIGN AND INSTALLATION PROJECT COST ANALYSIS FEBRUARY 2025 PAGE 1 OF 2
Cost Revision for 2 sites: Comm Hall and QCC (15% increase) Quinlan Community Center
(0116367009-116367840) 383,109 $121,336 $0.32 483,143 $163,067 -$41,731 $7,502,535 $1,945,645 $226,314 $2,171,959 $778,258 $1,393,701 7.58 10.94 Community Hall (0116367009-
116367449) 114,600 $39,810 $0.35 71,332 $31,196 $8,614 $1,398,696 $542,588 $2,716 $545,305 $217,035 $328,269 9.13 13.74 $161,146 $194,263 -$33,117 $8,901,231 $2,488,233 $229,031 $2,717,264 $995,293 $1,721,970 with 10% contingency $2,988,990
Cost Revision for 1 site: Comm Hall (15% increase)
Community Hall (0116367009-
116367449) 114,600 $39,810 $0.35 71,332 $31,196 $8,614 $1,398,696 $542,588 $461,179 $1,003,767 $217,035 $786,732 9.13 13.74 $39,810 $31,196 $8,614 $1,398,696 $542,588 $461,179 $1,003,767 $217,035 $786,732 with 10% contingency $1,104,144
Cost Revision for 2 sites: Comm Hall and CSC (15% increase) Sports Center (0116367009-
116971849) 329,369 $108,143 $0.33 335,228 $96,612 $11,531 $4,518,119 $1,581,451 $232,148 $1,813,599 $632,581 $1,181,019 10.21 14.25 Community Hall (0116367009-
116367449) 114,600 $39,810 $0.35 71,332 $31,196 $8,614 $1,398,696 $542,588 $2,716 $545,305 $217,035 $328,269 9.13 13.74 $147,953 $127,808 $20,145 $5,916,815 $2,124,040 $234,865 $2,358,904 $849,616 $1,509,288 with 10% contingency $2,594,795
Cost Revision for 2 sites: Comm Hall and CSC (15% increase) Sports Center (0116367009-
116971849) 329,369 $108,143 $0.33 335,228 $96,612 $11,531 $4,518,119 $1,581,451 $232,148 $1,813,599 $632,581 $1,181,019 10.21 14.25 Community Hall (0116367009-
116367449) 114,600 $39,810 $0.35 71,332 $31,196 $8,614 $1,398,696 $542,588 $2,716 $545,305 $217,035 $328,269 9.13 13.74 $147,953 $127,808 $20,145 $5,916,815 $2,124,040 $234,865 $2,358,904 $849,616 $1,509,288 with 10% contingency $2,594,795 CURRENT PROJECT SCOPE: REDUCED PROJECT SCOPE OPTIONS:
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Costs & Savings: Implement 3 Sites
• Annual Cost Savings: $290,875 projected, with $13.4M 30-year lifecycle savings • Cost of Design and Construction ($4.4M) is less than project budget ($6.3M) • Net cost to City after IRA reimbursement: $2.5M projected • Net cost to City without IRA reimbursement: $4.4M projected; $1.5M differential and longer payback period
• Project completion timeline for NEM2.0 compliance is April 2026 (time is of the essence). • Annual Cost Savings: $290,875 projected, with $13.4M 30-year lifecycle savings • Cost of Design and Construction ($4.4M) is less than project budget ($6.3M) • Net cost to City after IRA reimbursement: $2.5M projected • Net cost to City without IRA reimbursement: $4.4M projected; $1.5M differential and longer payback period
• Project completion timeline for NEM2.0 compliance is April 2026 (time is of the essence).

Costs & Savings: Fiscal Summary

ATTACHMENT C - PHOTOVOLTAIC SYSTEMS DESIGN AND INSTALLATION PROJECT COST ANALYSIS FEBRUARY 2025 PAGE 2 OF 2
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CITY OF CUPERTINO
Agenda Item
25-13920 Agenda Date: 5/6/2025
Agenda #: 15.

Subject: Introduce an Ordinance amending Municipal Code Section 2.04.010 pertaining to Removal of Closed Session Start Time and Clarification that Meetings Rescheduled Due to Holidays or Elections Retain Regular Meeting Status
Introduce Ordinance No. 25-2271: "An Ordinance of the City Council of the City of Cupertino amending Title 2, Administration and Personnel, of the City of Cupertino Municipal Code amending Section 2.04.010, pertaining to closed session and regular meetings, by title only, and waive the first reading." CITY OF CUPERTINO Page 1 of 1 Printed on 4/30/2025
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CITY COUNCIL STAFF REPORT
Meeting: May 6, 2025
Subject
Removal of Closed Session Start Time and Clarification that Meetings Rescheduled Due to Holidays or Elections Retain Regular Meeting Status
Recommended Action
Introduce an Ordinance of the City Council of the City of Cupertino amending Title 2, Administration and Personnel, of the City of Cupertino Municipal Code amending Section 2.04.010, pertaining to closed session and regular meetings, by title only, and waive the first reading.

Executive Summary
Proposed changes remove the fixed start time for closed sessions on regular meeting days, allowing the Council to determine start times as needed. Additionally, the amendments confirm that when regular meetings are rescheduled due to a legal holiday or a regular Cupertino election, the rescheduled meetings shall continue to be considered regular meetings.

Background
Currently, the Municipal Code sets a fixed start time of 6:00 p.m. for City Council closed sessions held on regular meeting days. Including such administrative detail in the Municipal Code is both unnecessary and overly restrictive. Separately, the Municipal Code does not clearly state that City Council meetings automatically moved pursuant to the Municipal Code due to a holiday or an election day retain their status as regular meetings.

As such, the City Attorney recommends: 1) removing the closed session start time from the Municipal Code and 2) updating the Municipal Code to confirm that meetings moved because of a holiday or a regular Cupertino election are also considered regular meetings of the City Council.

Reasons for Recommendation
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01276.0001 2000451.2 4/25/2025
The current schedule limits the time available for the City Council to conduct the City’s confidential business in closed session, as is permitted under the Brown Act, to less than 45 minutes, which is insufficient.

Rather than include a codified closed session start time in the City’s municipal code, the City Council may choose to set an informal standard start time for closed sessions. If a particular closed session agenda requires either more or less time than provided by the standard start time, the City Attorney or other City Staff may set an alternate time. If the start time needed is earlier than the standard start time, staff will poll Councilmembers in advance of setting the agenda to ensure availability.

Other Available Options

1. Set a start time of 5:00 p.m. rather than 6:00 p.m., which could be shortened as needed for any specific closed session meeting. But this does not provide the additional flexibility of allowing the City Council to set the standard start time for itself.

2. Set a start time of 5:30 p.m. rather than 6:00 p.m., which adds thirty minutes. But again, this does not provide the flexibility of allowing the City Council to set the standard time for itself.

3. Make no change to the status quo.

Sustainability Impact
No sustainability impact.

Fiscal Impact
No fiscal impact.

California Environmental Quality Act
No California Environmental Quality Act impact.
_____________________________________
Prepared by: Brendan Browne, Special Counsel
Reviewed by: Floy Andrews, City Attorney
Approved for Submission by: Pamela Wu, City Manager
Attachments:

A - Draft Ordinance (redline)
B – Draft Ordinance (clean)
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01276.0001 2001742.1 1
ORDINANCE NO. __________________

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING CITY CODE TITLE 2, ADMINISTRATION AND PERSONNEL, OF THE CITY OF CUPERTINO MUNICIPAL CODE AMENDING SECTION 2.04.010,

PERTAINING TO CLOSED SESSION AND REGULAR MEETINGS
The City Council of the City of Cupertino finds that:

WHEREAS, the Cupertino Municipal Code currently sets a fixed set time of 6:00 p.m. for the City Council closed session meetings held on regular days; and WHEREAS, often the City Council needs more time to discuss the agendized matters than the 30-40 minutes currently provided by the codified start time of 6:00pm; and WHEREAS, it is preferable that the City Council have the flexibility to begin closed session meeting earlier than 6:00 p.m. based on the availability of Councilmembers; and WHEREAS, the Cupertino Municipal Code does not clarify that meetings moved because of a holiday or Cupertino elections are regular meetings of the City Council; and WHEREAS, the City Council seeks to improve procedural flexibility and transparency by removing the fixed closed session start time from the Cupertino Municipal Code and confirming that rescheduled meetings due to holidays or elections are still considered regular meetings.

NOW, THEREFORE, THE CITY COUNCIL OF THE OF CITY OF CUPERTINO DOES ORDAIN AS FOLLOWS:

SECTION 1. Adoption.

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01276.0001 2001742.1
The City Council shall hold regular meetings on the first and third Tuesdays of each month at six forty-five p.m. and may adjourn any regular meeting to a date certain, which shall be specified in the order of adjournment and when so adjourned, such adjourned meeting shall be a regular meeting for all purposes. Such adjourned meetings may likewise be adjourned and any so adjourned meeting shall be a regular meeting for all purposes. The City Council may cancel a regular meeting by a vote of a majority of the Council.

On regular meeting days, the City Council shall begin any closed session items at six o’clock p.m.

City Council meetings that fall on legal holidays shall automatically be moved to the following day. and shall be regular meetings.

City Council meetings that fall on any Election Tuesday in a regular Cupertino election year shall automatically be moved to the first Monday of the month. and shall be regular meetings.”
SECTION 2: Severability and Continuity.

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

SECTION 3: California Environmental Quality Act.

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01276.0001 2001742.1
it has no potential for resulting in physical change in the environment. In the event that this Ordinance is found to be a project under CEQA, it is subject to the CEQA exemption contained in CEQA Guidelines section 15061(b)(3) because it can be seen with certainty to have no possibility that the action approved may have a significant effect on the environment. CEQA applies only to actions which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. In this circumstance, the proposed action to remove the fixed start time for closed session items on regular meeting days and the rescheduled meetings shall continue to be considered regular meetings would have no or only a de minimis effect on the environment because it is a procedural change that does not result in a physical change to the environment. The foregoing determination is made by the City Council in its independent judgment.

SECTION 4: Effective Date.

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

SECTION 5: Publication.

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

Pursuant to Government Code Section 36933, a summary of this Ordinance may be prepared by the City Clerk and published in lieu of publication of the entire text. The City Clerk shall post in the office of the City Clerk a certified copy of the full text of the Ordinance listing the names of the City Council members voting for and against the ordinance.

INTRODUCED at a regular meeting of the Cupertino City Council on May 6, 2025 and ENACTED at a regular meeting of the Cupertino City Council on May 20, 2025 by the following vote:

Members of the City Council
AYES:

NOES:

ABSENT:
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Ordinance No. __________

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01276.0001 2001742.1
ABSTAIN:

SIGNED:
______________________
Liang Chao, Mayor
City of Cupertino
________________________
Date
ATTEST:
_______________________
Kirsten Squarcia, City Clerk

________________________
Date
APPROVED AS TO FORM:
_______________________
Floy Andrews, City Attorney
________________________
Date
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01276.0001 2001742.1
ORDINANCE NO. __________________

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING CITY CODE TITLE 2, ADMINISTRATION AND PERSONNEL, OF THE CITY OF CUPERTINO MUNICIPAL CODE AMENDING SECTION 2.04.010,

PERTAINING TO CLOSED SESSION AND REGULAR MEETINGS
The City Council of the City of Cupertino finds that:

NOW, THEREFORE, THE CITY COUNCIL OF THE OF CITY OF CUPERTINO DOES ORDAIN AS FOLLOWS:

SECTION 1. Adoption.

The Cupertino Municipal Code is hereby amended as shown below. Text added to existing provisions is shown in bold double-underlined text (example) and text to be deleted in shown in strikethrough (example). Text in existing provisions is not amended or readopted by this Ordinance. Text in italics is explanatory and is not an amendment to the Code.
“Sec. 2.04.010 Regular Meetings.
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[Brief Description]- Page 2
01276.0001 2001742.1
The City Council shall hold regular meetings on the first and third Tuesdays of each month at six forty-five p.m. and may adjourn any regular meeting to a date certain, which shall be specified in the order of adjournment and when so adjourned, such adjourned meeting shall be a regular meeting for all purposes. Such adjourned meetings may likewise be adjourned and any so adjourned meeting shall be a regular meeting for all purposes. The City Council may cancel a regular meeting by a vote of a majority of the Council.

City Council meetings that fall on legal holidays shall automatically be moved to the following day and shall be regular meetings.

City Council meetings that fall on any Election Tuesday in a regular Cupertino election year shall automatically be moved to the first Monday of the month and shall be regular meetings.

SECTION 2: Severability and Continuity.

SECTION 3: California Environmental Quality Act.

This Ordinance is not a project under the requirements of the California Environmental Quality Act, together with related State CEQA Guidelines (collectively, “CEQA”) because it has no potential for resulting in physical change in the environment. In the event that this Ordinance is found to be a project under CEQA, it is subject to the CEQA exemption contained in CEQA Guidelines section 15061(b)(3) because it can be seen with certainty 528
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[Brief Description]- Page 3
01276.0001 2001742.1
to have no possibility that the action approved may have a significant effect on the environment. CEQA applies only to actions which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. In this circumstance, the proposed action to remove the fixed start time for closed session items on regular meeting days and the rescheduled meetings shall continue to be considered regular meetings would have no or only a de minimis effect on the environment because it is a procedural change that does not result in a physical change to the environment. The foregoing determination is made by the City Council in its independent judgment.

SECTION 4: Effective Date.

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

SECTION 5: Publication.

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

INTRODUCED at a regular meeting of the Cupertino City Council on May 6, 2025 and ENACTED at a regular meeting of the Cupertino City Council on May 20, 2025 by the following vote:

Members of the City Council
AYES:

NOES:

ABSENT:

ABSTAIN:
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[Brief Description]- Page 4
01276.0001 2001742.1
SIGNED:
______________________
Liang Chao, Mayor
City of Cupertino
________________________
Date
ATTEST:
_______________________
Kirsten Squarcia, City Clerk
________________________
Date
APPROVED AS TO FORM:
_______________________
Floy Andrews, City Attorney
________________________
Date
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CITY OF CUPERTINO
Agenda Item
24-13570 Agenda Date: 5/6/2025
Agenda #: 16.

Subject: Councilmember Reports
CITY OF CUPERTINO Page 1 of 1 Printed on 4/30/2025
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CITY COUNCILMEMBER REPORT
Meeting: Tuesday, May 6, 2025
Reporting Councilmember: Mayor Liang Chao
Report Dates: 4/8/25 to 4/29/25
● Last Activity Report in the April 15, 2025 Council Meeting Agenda.

Section 1: Announcement - Message from the Mayor:
❖ Mayor’s Initiatives:
➢ Cupertino Stories: You are welcome to email entries to [email protected]. ■ Thank you to Cupertino Science Technology University (CSTU) for managing the project.

They have developed tools to convert audio/video stories to text. ■ The website will be redesigned soon to accept story submissions. ➢ Booth at the Festivals: Thank you for volunteers helping to support the Mayor’s Initiatives Booth at April 5 Earth Day Festival and April 26 & April 27 Cherry Blossom Festival. ➢ Dance in the Plaza: The first Dance in the Plaza was held on Saturday April 12 from 2:30-5:30pm.

Thank you for Amazing Taiwan for sponsoring the event. We had a lot of fun. The second Dance in the Plaza will be held in June. Date to be announced later. ➢ Volunteer Appreciation: The Mayor hosted an Appreciation Dinner for CERT, CARE, ARM volunteers and block leaders on April 17 after a proclamation was presented to them at the April 15 Council Meeting. About 50 people attended. Many have served over 10, 20 years and some even served 30 years. Thank you to AlphaX for sponsoring the dinner. ➢ Hand Puppet Show: May 4, 2025 2:30-5pm Cupertino Community Hall ■ Watch the legendary hand puppet show from Taiwan. Bring 600cc soda bottles to make your own hand puppet. More details.
➢ Community Multicultural Juried Art Show at the AAPI Multicultural Festival: The Cupertino Art Show will be held on Saturday May 24, from 12pm to 4pm in collaboration with the APPI Multicultural Festival. Submit your entries by May 18 at https://aapicommunityjuriedartshow.artcall.org/
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❖ Monthly Chat with Mayor Community Meetings: These meetings will be generally held on the second Monday at 5pm each month, but it might be moved to other Mondays if needed. The location will rotate so that we cover different businesses each month. ➢ The last Mayor’s Chat was held at the Jade Tea Garden on April 15. Thank you to Captain Neil Valenzuela for sending Lieutenant Shawn Flores to represent him and answer questions. ➢ The next Monthly Chat with Mayor will be held on Monday May 12th at 5pm. The location is Lee’s Sandwiches (20363 Stevens Creek Blvd., Cupertino, CA 95014) at St. Joseph’s Plaza. 2 533
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❖ FY 2025-27 Work Program Prioritization: The staff has proposed a new process for Work Program Prioritization in an info memo. Check the Work Program page for updates. ➢ At the March 18 Council Meeting, the Council adopted a list of Work Program items for consideration for the FY 25-26 budget.
➢ The final decision will likely be made in April/May before the Council adopts the FY 25-26 budget in June 2025.
❖ Process to Request Certificate of Recognition or Commendation:
➢ To ensure such requests are handled as smoothly and efficiently as possible, the City Manager’s Office has implemented a dedicated process.
➢ We kindly ask that you complete the following form, which will allow Mayor Chao to present a certificate of recognition: https://cupertino.gov/councilmeetingrequest ❖ Proclamations at Council meetings: This year, I plan to follow a tradition upheld by some former Cupertino mayors and other mayors in recognizing organizations or individuals with proclamations during Council meetings. My goal is to honor those who have made consistent and/or significant contributions to Cupertino, with an emphasis on those who are less well-known. If you have any suggestions, please feel free to email me at [email protected].

Proclamations for contributions will generally be presented at the second Council meeting of each month, while the first meeting will continue to recognize special observances (e.g., awareness months or weeks) as before. You are also welcome to submit suggestions for these recognitions.

Section 2: Committee Assignment
2024-04-09 Santa Clara Valley Water Commission meeting (Agenda, Video to be posted later)
● In order to support infrastructure projects to supply water to the region, the water rate is projected to increase by 9.9% from FY 26 to FY 34. Thus, the rate will double in 10 years. (Cupertino belongs to North 3 534
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County)
● Here are the infrastructure projects in each region:
2024-04-23 West Valley Mayors and Managers Monthly Meeting - at Gardenia, Los Gatos ● Each city shares updates and their effort on Emergency Preparedness. ● Los Gatos Mayor formed an advisory group of about 15 people, reporting to the Mayor, where there are representatives from the Fire Department and Red Cross. ● Saratoga and Los Gatos had multiple study sessions on emergency preparedness and the high severity fire zones.
● Monte Sereno is looking into a simulation for evacuation and a radio station for communication during emergency.
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Section 3: Activities by Date (Date, Title, and Description):

NOTE:
● This list does not include internal meetings with staff only, such as prep sessions or meetings with the City Manager. ● This list includes activities to “represent the community I am elected to serve”, “to respond to community needs and complaints,” and “to communicate policies and programs to residents,” among other responsibilities of a City Councilmember.
● Due to my work schedule, I have cut down on the event attendance for ceremonial purposes, especially those I have attended almost every year in the past. Instead, I focus more of my time on constituent services. 2024-04-09 Meeting on Wolfe Road Housing Project with Eden Housing and County representative
- They have done extensive outreach and taken community input to inform the design to reduce the impact to neighborhoods.
- They are actively engaging with CalTran to pursue the alternate emergency exit. They have addressed the issues CalTrain raised as much as they can, but it is still unclear whether the alternate exit is feasible. 2025-04-09 Attended “October 8” film screening by Anti-Defamation League (ADL) Central Pacific
● The full name of the film is “October H8TE – The Fight for the Soul of America”. ● “The film covers the 2024 pro-Palestinian protests on university campuses after the October 7 Hamas-led attack on Israel. It describes how "anti-Israel sentiment came to a fever pitch in the immediate aftermath of the massacre" and argues such sentiment "morphed into antisemitism". (wikipedia) 2025-04-10 Meeting on the Westport Senior Living project - with Related and the Planning Commission Vice Chair Tracy Kosolcharoen
- They presented their proposed modifications due to the reality of the economic situations. - Highlights from the Project Description:
• Modify the approved senior assisted living dwelling unit count to 136 dwelling units • Eliminate the basement-level parking garage;
• Reduce the ground floor retail in Building 1 to 4,000 square feet; and • Waive application of the Park Land Dedication Fee
- They received strong community concerns on the parking issue and they are exploring options to add more parking spaces. The community also is not happy with the significant reduction in retail space. - See the April 22 Planning Commission Agenda for more details and watch the video for the motion approved by the Planning Commission to consider the option to provide 8,000 sqft retail with an incentive for parkland fee waiver.
2025-04-10 Meeting on the Stevens Creek Office Center (20807-20883 Stevens Creek Blvd) project (Offices behind Panera Bread) - with Harvest Properties, Inc. and the Planning Commission Chair Santosh Rao
- They plan to develop townhomes on the side, which will replace the retail building, where Panera Bread is located.
- “ Development of 122-units (66 small-lot single family and 56 townhomes), including 24 affordable units, to replace three office buildings and one retail building on a 6.93-acre site, located close to the northwestern corner of the intersection of Stevens Creek Blvd and Saich Way.” (City Westport page) - There will be some moderately sized townhomes and some smaller townhomes. - They received strong community sentiment to preserve the retail building with Panera Bread and Voyager Coffee. They are seriously considering that option.
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2025-04-11 Meeting with CUSD to consider the potential for the Finch Property - The CUSD Board President has given oral confirmation in March and then written confirmation on April 7 that CUSD is interested in selling the Finch Property, whose proceeds will be invested by CUSD in a revenue-generating option.
- We communicated that we hope to place the item on the agenda for the Council to consider and Chris Jew, CUSD CFO, will send over documents to help our staff prepare agenda materials. 2025-04-11 Meeting with Claudio Bono, the manager of Cupertino Inn - Mr. Bono proposed the possibility of providing the Cupertino Inn as an extended stay hotel for De Anza students. For double occupancy, the rent will likely be $1000-1500, including weekly cleaning and daily breakfast.
- This is might be an affordable option for student housing for De Anza College and he has proposed the idea to the Foothill-De Anza College Board
2025-04-12 Dance in the Plaza (Mayor’s Initiative) at the Civic Plaza, in collaboration with Amazing Taiwan
- Multiple dance groups performed and led dances for attendees to follow. - A group from CSTU led a few Indian dances
- Art Commissioner Archana Panda led an impromptu Bollywood dance. 2025-04-13 Attended the Cupertino Holi Festival in Memorial Park - organized by Cupertino Chamber of Commerce
- Many families attended. Children were having fun coloring each other with the colored power. 2025-04-14 Monthly Chat with Mayor at the Jade Tea Garden - Special Guest from the Sheriff’s Office - Captain Neil Valenzuela sent Lieutenant Shawn Flores to represent him and answer questions. - Residents asked about the Crime reports, which are in fact included with the City Manager’s biweekly newsletter Cupertino Connect.
- The weekly crime reports are also available at the Cupertino’s Crime Summary page. - Also check out the Cupertino Crime Dashboard
- Lieutenant Shawn Flores confirmed that Cupertino Sheriff does help patrol De Anza College at night through a mutual aid program. A resident asked whether the college compensates Cupertino for the cost. 2025-04-17 Meeting with Stanley Yang, Local 21, and staff representative for the employee union 2025-04-17 Volunteer Appreciation Dinner with CERT, CARE, ARM volunteers and block leaders - A proclamation was presented to them at the April 15 Council Meeting for the Volunteer Week. - About 50 people attended the dinner. Many have served over 10, 20 years and some even served 30 years. - Special thanks to AlphaX for sponsoring the dinner, which I was initially going to cover with Mayor’s Fund.
2025-04-18 Visited the office of AlphaX RE Capital with Planning Commission Vice Chair Tracy Kosolcharoen
- AlphaX just moved their headquarters from San Jose to Cupertino. They are proud to be a women-funded, women-led company.
- They focus on small scale developments. They are also forming 20-30 entities to provide specialized services, from building ADU, to interior design, for homeowners or small developers. - As a newcomer to Cupertino, they are eager to get involved with the Cupertino Community and support community events.
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2025-04-18 Attended the Unity Dinner, organized by the Indo-American Community Federation (IACF-USA) in collaboration with India Community Center (ICC) - I was one of the panelists for the panel on AI in Government with former Fremont Mayor Lily May and 4 other industry experts.
- Thanks to Terry, the CTO of Cupertino, for bringing me up to date with the use of AI and AI policy in Cupertino.
2025-04-19 TV studio interview with the Cupertino TV Productions (CTVP) team at KMTV studio - CTVP is an all-volunteer team who produce TV award winning TV programs, broadcasted in the Cupertino TV channel
- “Cupertino TV Productions (CTVP) is a 50+ club of active individuals sponsored by the City of Cupertino.

We produce half hour TV interview shows which are taped at the public access station, KMVT15 Community Media, in Mountain View, CA. Since 1983, we have produced more than 1,200 programs covering a wide variety of topics of interest to the community.

Our shows are cablecast on 6 public access TV stations in some 13 communities, and can also be seen on YouTube by at least 32,300 subscribers and more.” (CTVP About page) - This year they are producing a series of programs on the TV government. 2025-04-20 Attended “Mimouna” in the backyard of a resident - The Mimouna is a joyful Moroccan Jewish tradition marking the end of the Passover holiday. The festival is filled with homemade Moroccan sweets and dancing to Arabic/middle eastern music. - “Mimouna is a traditional Maghrebi Jewish celebration dinner that takes place in Morocco, Israel, France, Canada, and other places around the world where Maghrebi Jews live. It is held the day after Passover, marking the return to eating hametz (leavened bread), which is forbidden throughout the week of Passover.” (wikipedia)
2025-04-21 Meeting with a representative of the Braver Angel Silicon Valley Alliance - Discussed potential topics for a town hall or workshop as a Mayor’s Initiative - “Braver Angels is a nationwide bipartisan citizens’ movement started in 2016 by a small group of conservatives and liberals who were alarmed by the venom and rancor they were seeing in the political public space. Braver Angels is dedicated to bringing red and blue Americans together in a working alliance to depolarize America.” (Braver Angel’s site)
2025-04-23 Attended the Press Conference for the upcoming Taiwanese Folk Song Concert, hosted by Smiling Raindrop Foundation and Global Federation of Chinese Business Association - The musicians gave a demo with violin, cello and erhu, a Chinese instrument. - Iconic Taiwanese folk songs revived using classic
Section 4: Information of Interest to My Constituents: (updated on 4/8) ● Builders’ Remedy (BR) Projects (Status of Projects)
★ BR Projects with incomplete application status (pursuant to Government Code Section 65941.1.) ● 20739 Scofield (one block from Faria Elementary School, zoned R1-10): The project will replace one single-family home with 20-unit, 5 story, condominium on 15,004 sqft (0.34 acre) lot
● Vista Heights (near entrance of Linda Vista Park) : The vacant site, zoned 7 538
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RHS, will build 33 units (8 condominiums and 25 single family homes on vacant hillside property of 86.1 acres.
● Upland Way (11841 Upland Way, zoned RHS-70): 6 single family homes, including 2 affordable units, on vacant hillside property of 1.56 acres with average slopes greater than 30%
★ Other active BR projects:
○ Dividend Homes (20085 & 20111 Stevens Creek Blvd), to the east of the Fire Station, on

2.6 acres, zoned R4 and commercial mixed use. The project will replace two existing office buildings with 57 for-sale townhomes., including 12 affordable units. ○ Dividend Homes (20045 & 20065 Stevens Creek Blvd), to the east of the Fire Station, on

1.77 acres, zoned commercial mixed use. The project will replace existing office buildings with 32 for-sale townhomes., including 6 affordable units. ★ Relevant News on the determination of incompleteness for BR projects:
○ “Los Gatos Files Declaratory Relief Action to Resolve Land Use Uncertainty” (Press Release from the City of Los Gatos)
■ “That section [Gov. Code 65941.1] provides that applicants for land use approvals have 90 days after an initial 180-day deadline to submit any missing information needed to complete a formal application for a so-called “builder’s remedy” housing project. That section further stipulates that if the missing information is not submitted “within the 90-day period, then the preliminary application shall expire and have no further force or effect.”
■ “In an apparently conflicting reading, in letters dated August 30, 2024 and February 12, 2025, the California Department of Housing and Community Development (HCD) stated its view that there is not just one 90-day period but that successive 90-day periods can run indefinitely. By filing this lawsuit, the Town is acting in good faith so that it will know how to comply with the law and ensure it can continue to serve its residents and property owners, while lawfully processing land use applications.”
★ Other docs:
○ The July 25, 2024 info memo, titled “Scofield Drive SB330 Preliminary Application pursuant to Builder’s Remedy”, has information about proposed BR projects and their review process.
● Other Residential Projects - complete applications submitted, not yet approved:
○ Pizza Hut/Staples/ Fontana's (20770, 20830, 20840, & 20850 Stevens Creek Blvd). adjacent to the Cupertino Crossroads Shopping Center): on 2.97 acres, zoned commercial mixed use. The project will replace existing retail stores with 59 townhome condominium units across eight, three-story buildings
○ United Furniture (10065 & 10075 Stevens Creek Blvd, across from Vallco), on 2.72 acres, zoned commercial mixed use. The project will replace existing retail stores with 55 townhome condominium units, with 10 ADUs, three-story buildings
○ Stevens Office Center (20813, 20823, 20883 and 20807 Stevens Creek Blvd), on 6.93 acres, zoned commercial mixed use. The project will replace two office buildings and one retail building with 122 for-sale units (66 small-lot single family and 56 townhomes), including 24 affordable units ○ 20865 McClellan Rd: on 0.99 acres, zoned R3TH. The project will replace one single-family home with 27 townhomes, including 4 affordable units, in three-story buildings ○ Evulich Court (10857, 10867, 10877 & 10887 Linda Vista Dr): on 2.53 acres, zoned R3TH. The project will replace 4 single-family homes with 51 townhomes, including 11 affordable units 8 539
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● Other Residential Projects - SB 330 preliminary application submitted, but not complete applications:
○ Wolfe Road Housing Project (10333 N. Wolfe Road): 250-300 total units across the 5-acre property. It will be 100% rental apartments. The affordable housing will benefit those making 80% or less of the area median income (AMI).
■ a full report on our Listening Phase at this link.
■ February 12 Community Co-Creation Event at Collins Elementary School ● Other Residential Projects - Revision of already approved projects:
○ Westport Senior Assisted Living Housing (revision submitted): The developer Related has submitted a revision to add more units, reduce retail space, remove the underground garage and request a waiver of Parkland dedication Fee. It is going to the Planning Commission in May ■ Previous approval in 2021 and 2024: Westport (21267 Stevens Creek Blvd) ○ Marina Plaza (10145 N. De Anza Blvd, 10118 Bandley Dr.), on 5.1 acres, zoned commercial and mixed use: The project will add more units, slightly reduce retail space, deliver over smaller for-sale starter homes under 1500 sq. ft. and an outdoor amphitheater. ■ Previous approval in 2022L Marina Plaza.
● License Plate Reader Camera - City-operated or personal ones ★ The Council has adopted the Automated License Plate Reader (ALPR) Camera program (Resolution 24-094) in order to alert the police when a license plate with previous record is detected. Some cameras are placed at major roads entering Cupertnio. ★ The residents or businesses can connect your home or business surveillance camera with the Santa Clara County Sheriff's Office. The registration form is at the bottom of this page.

Section 5: Information Access Useful to My Constituents (not updated):

1. Information Memo posted on the City website:

City Council Informational Memos are now available on the City website. The information can be accessed from the City website at cupertino.org/memos and the City Council page. You can also find the page by entering search terms “info memos” at the top of the website. ★ Anyone may use the eNotification signup to receive informational memo updates by email.
★ The info memos are now hosted in the digital archive as all other city records. ★ Click “+” to zoom in.
★ On a laptop:
○ To open the document as PDF, click on the Print icon and then click on “Download & Print”. The downloaded PDF will appear in a new tab for viewing. ○ This does not work on Safari browser on an iPhone.
★ To copy and paste text, you must open it as PDF and then copy & paste from there.

New memos posted, since last report:
● No new info memos published since February 28
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● Recordings of Commission Meetings:

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

4. How to Search an agenda item:

A community member showed me a way to search for items on the past city meetings:
● Go to this page: https://cupertino.legistar.com/Calendar.aspx ○ Make sure that “Calendar” is selected from the top row of tabs and the “List View” is selected from the bottom row of tabs.
○ Enter the search term, such as “investment report”. Choose the year or select “All Years”
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1 CITY COUNCILMEMBER REPORT
Meeting: May 6, 2025
Reporting Councilmember: Councilmember J.R. Fruen
Report Dates: 4/8/25 to 4/28/25
Item Date, Title, and Description:

Event 1. April 9, 2025 – Meeting with Property Owners re 20807-20883 Stevens Creek Boulevard – I met with representatives of the property owners of 20807-20883 Stevens Creek Boulevard with respect to their pending application to develop the site to replace existing office space with new housing. I emphasized the community value of the retail tenants presently on the site (Panera and Voyager Coffee). It was a productive conversation.

Event 2. April 9, 2025 – Silicon Valley Clean Energy JPA Board Meeting – I took part in this meeting in my capacity as Cupertino’s representative on the JPA Board of SVCE. Meeting materials are available here.

Event 3. April 10, 2025 – Cities Association of Santa Clara County JPA Legislative Action Committee Meeting – I chaired this meeting of the Cities Association Legislative Action Committee in my capacity as 2nd Vice President of the JPA. The LAC received briefing from Townsend Public Affairs on Sen. Becker’s SB 457 and Asm. Papan’s AB 650. Both would institute reforms for the Housing Element development and certification process. The LAC voted to support SB 457 and deferred action on AB 650 pending additional review of the legislation. I stayed for the Cities Association Board meeting immediately afterward to present an update on the LAC to the Board. Materials for this meeting are available at the Cities Association website here.

Event 4. April 13, 2025 – Citizens for Better Community Gala – I attended the annual gala celebration of Citizens for Better Community in Fremont. More information on CBC is available at their website: https://www.cbcsfbay.org/
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City Council Councilmember Report
2 Event 5. April 24, 2025 – Cities Association of Santa Clara County JPA Executive Committee Meeting – I attended the Executive Committee meeting of the CASCC in my capacity as 2nd Vice President of the organization. Among the items we discussed was a reformed process for setting the LAC and Board meeting agendas. The tentative bill consideration list for the LAC’s next meeting includes confirmation of support for SB 457 (which has since been amended), and taking positions on AB 650 (Papan), SB 79 (Wiener), and SB 753 (Cortese). Agenda materials for this meeting are available on the CASCC website here.

Event 6. April 26, 2025 – Cupertino Cherry Blossom Festival – Together with the entire city council, I attended the annual Cherry Blossom Festival at Memorial Park.

Event 7.1 March 28, 2025 – Chefs of Compassion – I attended West Valley Community Services annual fundraiser, Chefs of Compassion. The event raises money for the essential services support work that WVCS performs for families in need in Cupertino and nearby communities.

More information is available here: https://www.chefsofcompassion.org/ 1 This event was left off the April 15, 2025, council report. 543
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1 CITY COUNCILMEMBER REPORT
Meeting: May 6, 2025
Reporting Councilmember: Councilmember Sheila Mohan
Report Dates: 4/8/25 to 4/29/25
Item Date, Title, and Description:
4/8/25: I participated in a zoom meeting with members for IFTPE Local 21 to answer questions about the City’s budget situation, and the process we will be following to finalize the FY 25-26 budget in June 2025.

4/8/25: I attended a meeting with the team from the Wolfe Road Educator Work Force Housing Development at which I was provided an update on their plans to submit a design to the City in June and the roles of the various stakeholders in the development, such as Caltrans, Sand Hill, County Fire, the County, and the City.

4/9/25: As a member of the Santa Clara County Library District Board, I attended the Finance committee meeting. Staff presented a draft of the upcoming budget document. There was discussion on the uncertainty of federal funds, and the need to conserve reserves to prepare for any eventuality. 4/13/25: Participated in the 2025 Holi Festival of Colors organized by the Cupertino Chamber of Commerce at Memorial Park. As always, there was community participation, tossing of color, and food trucks for one of the biggest and most enjoyable community events held in the city.
4/23/25: Attended a breakfast meeting of the Optimists Club. I was the featured speaker and gave the group a brief overview of City issues and answered questions from the group about goings-on in the City.
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City Council Councilmember Report
2 4/24/25: Attended the Joint Powers Meeting of the Santa Clara County Library District. The upcoming budget was discussed and feedback from the Finance Committee was provided. Staff also talked about a new initiative, the Imagination Library in partnership with partner organizations including the Dolly Parton Foundation.
4/26/25: Attended the 2025 Cherry Blossom Festival and as always, enjoyed seeing the effort that went into organizing such a large event, which included recognition of elected officials, art and crafts booths, parade of teen pageant participants, dance and music performances and food. The Cupertino-Toyokawa Sister City group deserves credit for hosting this event. 4/26/25: I spent some time with County Supervisor Margaret Abe-Koga, who has jurisdiction over Cupertino. We talked about the unhoused population issues, recently issued fire hazard information, and the proposed medical clinic at De Anza College. The extreme budget shortfall facing the County is their prime concern, and our questions will likely take a back seat for now 545
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1 CITY COUNCILMEMBER REPORT
Meeting: May 6, 2025
Reporting Councilmember: Vice Mayor Kitty Moore
Report Dates: 3/25/25 to 4/28/25
Item Date, Title, and Description:

March 25, 2025. Budget and Finance check-in meeting.

March 26, 2025. CIP Policy meeting.

March 26, 2025. CASCC Executive meeting. Attended as member of the public.

March 27, 2025. Tour Cityline development.

March 27, 2025. Meet with CUSD Superintendent Yao with 4th of July Subcommittee RE availability of site for fireworks.

March 27, 2025. CIP Budget review.

April 1, 2025. Budget and Finance check-in meeting.

April 2, 2025. City Council meeting.

April 5, 2025. Tree planting volunteer event.

April 5, 2025. Earth and Arbor Day Festival.

April 7, 2025. 1:1 staff meeting.
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City Council Vice Mayor Moore Report
2 April 8. 2025. Budget and Finance check-in meeting.

April 9, 2025. SCB Housing project meeting for project proposal at Panera site.

April 9, 2025. Wolfe Road teacher housing project meeting.

April 10, 2025. VTA PAC meeting.

April 10, 2025. CASCC LAC meeting.

April 10, 2025. CASCC Board meeting.

April 11, 2025. Finch property meeting.

April 14, 2025. Mayor Chao coffee chat at Jade Garden.

April 17, 2025. Meeting debriefing.

April 17, 2025. Budget and Finance check-in.

April 17, 2025. Budget public meeting.

April 18, 2025. City interview.

April 21, 2025. Agenda review with Mayor Chao and staff.

April 22, 2025 – April 25, 2025. In Sacramento for CalCities City Leaders Summit 2025. Virtually watched Planning Commission meeting.

Met with Assembly Member Patrick Ahrens. Participated in the Member Rally and Press Conference in Capitol Park. Attended lunch in the CalCities office building.

Attended legislative Session on Proposition 36 (needs funding), Homelessness encampments, California State Budget, and Wildfires and disasters.

Attended networking breakfast, Aligning Goal Setting and the Performance Evaluation Process, Speed Sessions: When Public Comment Crosses the Line by John Funk, City Atty. City of Downey, Unofficial Guide to Surviving and Thriving 547
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City Council Vice Mayor Moore Report
3 in Public Office, and Today’s Roadmap to Economic Development: Climate Action, Zoning, and Housing. Attended networking lunch. Attended Building Communities of Trust: How Cities Can Bridge the Trust Divide. Attended virtual meeting with City Staff. Attended California’s Economic Outlook: Navigating the Future with Data-Driven Insights.

Attended Networking Breakfast. Met with Cupertino’s lobbyist with LAC member, Councilmember Wang.

Materials for the Summit are here (provided as courtesy):

Session Materials
• Advocacy Priority Pamphlet
• Advocacy Priorities Resource Page
• Addressing Climate and Environmental Inequities in Black Communities • Aligning Goal Setting and the Performance Evaluation Process - Best Practices to Retain Top Executive Talent
• Bridging Prosperity - Leveraging the Synergy Between Housing, Commerce, and Public Spaces to Create Thriving Communities
• California's Economic Outlook - Navigating the Future with Data-Driven Insights • California State Budget - Potential Outcomes of Federal Budget Cuts • Earning Public Trust - Practical Strategies for Transparent and Effective Leadership • Gangs Out of Downey (GOOD) - A Crime Prevention Model • General Session Briefing - Budget and Advocacy Update 2025 • Navigating PFAS Litigation - Securing Municipal Remediation Funds • Partners in Local Governance - Strength, Continuity, Leadership in Modern Local Government
• Today’s Roadmap to Economic Development - Climate Action, Zoning, & Housing • Unofficial Guide to Surviving and Thriving in Elected Office • What Happens When Reporters Leave Your Town--And What To Do About It • What Makes Each Generation Want to Vote
• When Public Comment Crosses the Line
April 26, 2025. Attended Cupertino Cherry Blossom Festival.

April 26, 2025. Attended 110th Anniversary of Armenian Genocide Remembrance with various electeds.

April 27, 2025. Attended and spoke at the Pahalgam Vigil at San Jose City Hall with various elected.
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1 CITY COUNCILMEMBER REPORT
Meeting: April 29, 2025
Reporting Councilmember: Councilmember R "Ray" Wang
Report Dates: 4/7/25 to 4/29/25
Item Date, Title, and Description:

1. 4/13/2025, Chamber of Commerce Holi celebrations. Attended and participated in the Holi celebrations at Quinlan/Memorial Park.

2. 4/13/2025, 1:1 Meeting with City Manager. Discussed resident complaints with City Manager. Reviewed list of CIP projects.

3. 4/15/2025, Meeting with Supervisor Margaret Abe-Koga. Discussed opportunities for collaboration and cooperation.

4. 4/15/2025, City Council Meeting. Attended the Closed Session and Regular Session meeting.

5. 4/21/2025, 1:1 Meeting with City Manager. Discussed resident complaints with City Manager. Discussed state of Fourth of July firework plans.

6. 4/24/2025 – 4/25/2025. League of Cities, City Leaders Meeting. Attended the annual event in Sacramento. Spoke with other leaders for best practices ideas.

7. 4/25/2025. Meeting with Jason Gonsalves and Kitty Moore. Introduced the Legislative Action Committee with the City’s firm. Discussed the state of legislation in Sacramento and pending bills that may impact Cupertino.
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City Council Councilmember Report
2 8. 4/26/2025, Cherry Blossom Festival. Attended the festival opening ceremonies. Toured the booths.
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CITY OF CUPERTINO
Agenda Item
25-13906 Agenda Date: 5/6/2025
Agenda #: 17.

Subject: Upcoming Draft Agenda Items Report
CITY OF CUPERTINO Page 1 of 1 Printed on 4/30/2025
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Upcoming Draft Agenda Items

CITY OF CUPERTINO
City Council
Thursday, May 15, 2025
Study Session
25-13714 Subject: Initial Study Session on Fiscal Year (FY) 2025-26 Proposed Budget
Tuesday, May 20, 2025
Study Session
25-13658 Subject: Review of City Commissions and Committees roles and responsibilities, restoring Environmental Review Committee and expanding Audit Committee
Ceremonial Items
25-13637 Subject: Recognition of Public Works Week from May 18-24, 2025 Consent Calendar
24-13556 Subject: Approve the execution of agreements to provide post-colleciton services for garbage and construction and demolition materials. (Ursula Syrova - PW)
24-13590 Subject: Approval of May 6, 2025 City Council minutes 25-13725 Subject: Approval of an amendment to OpenGov Contract 25-13743 Subject: Award a contract to XXX for Ceramics and Art Instruction Services at the Wilson Park Building for a total not-to-exceed amount of $XXX.
25-13744 Subject: Award a contract to XXX for Math Olympiads Instruction Services at the Creekside Park Building for a total not-to-exceed amount of $XXX.
25-13799 Subject: Setting a hearing date of June 17, 2025 to declare brush with potential fire hazard a public nuisance and for objections to proposed removal through the Cupertino Brush Abatement Program
(Wildland-Urban Interface Fire Area); and adopting a resolution declaring properties as having potential fire hazards from brush and authorizing removal (Postponed on March 4, 2025)
25-13925 Subject: Second reading of an Ordinance amending Municipal Code Section 2.04.010 pertaining to Removal of Closed Session Start Time and Clarification that Meetings Rescheduled Due to Holidays or Elections Retain Regular Meeting Status

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Wednesday, April 30, 2025
25-13946 Subject: Internal Audit Workplan
25-13947 Subject: Investment Policy
Future Agenda Items
25-13907 Subject: Upcoming Draft Agenda Items Report
Action Calendar
25-13865 Subject: A Resolution reestablishing the Legislative Review Committee 25-13866 Subject: A Resolution approving amendments to the City Council Procedures Manual
25-13713 Subject: Receive the City Manager's Third Quarter Financial Report for Fiscal Year 2024-25
Councilmember Reports
24-13571 Subject: Councilmember Reports
Wednesday, May 28, 2025
Commission Interviews
25-13926 Subject: Placeholder - Audit Committee Interviews Tuesday, June 3, 2025
Study Session
25-13921 Subject: BMR Anti-Displacement Policy Study Session (Mayor added during agenda review on 4/21/25)
Ceremonial Items
25-13638 Subject: Recognition of June as Lesbian, Gay, Bisexual, Transgender, and Queer (LGBTQ) Pride Month
Consent Calendar
25-13704 Subject: Approval of Accounts Payable for the periods ending _______ 24-13591 Subject: Approval of May 20, 2025 City Council minutes Public Hearings
25-13653 Subject: Approve the renewal (with no increase) of the 1992 Storm Drain Fee and renewal of the 2019 Clean Water and Storm Protection Fee with a

2.62% increase. (Ursula Syrova - PW)
25-13924 Subject: FY 25-26 Budget Adoption
25-13818 Subject: Adopting an ordinance consistent with statewide criteria based on CAL FIRE publication of revised Local Response Area (LRA) Fire Hazard Severity Zone maps.

Action Calendar
25-13787 Subject: Stevens Creek Boulevard Corridor Vision Study (Matt Schroeder - PW)
Councilmember Reports

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Wednesday, April 30, 2025
24-13572 Subject: Councilmember Reports
Presentations
25-13734 Subject: Presentation from Copertino Sister City (4 mins) 25-13736 Subject: Presentation from Hsinchu Sister City (4 mins) Tuesday, June 17, 2025
Study Session
25-13898 Subject: Study Session on changing the jurisdiction of the Planning Commission
Consent Calendar
25-13820 Subject: Second Reading of an ordinance consistent with statewide criteria based on CAL FIRE publication of revised Local Response Area (LRA) Fire Hazard Severity Zone maps
24-13592 Subject: Approval of June 3, 2025 City Council minutes 25-13705 Subject: Approval of Accounts Payable for the periods ending _______ Public Hearings
25-13693 Subject: Approval of lien assessment and collection of fees on private parcels resulting from abatement of public nuisance (weeds and/or brush) for the annual Weed and Brush Abatement Programs
Action Calendar
24-13307 Subject: Proposed Budget Hearing/Adoption (ASD - Kristina Alfaro) 25-13763 Subject: Approval of Below Market Rate (BMR) Anti-Displacement Policy Councilmember Reports
24-13573 Subject: Councilmember Reports
Tuesday, July 1, 2025
Ceremonial Items
25-13639 Subject: Recognition of July as Parks and Recreation Month Consent Calendar
24-13593 Subject: Approval of June 17, 2025 City Council minutes 25-13751 Subject: Capital Improvement Program Lawrence-Mitty Park and Trail Project (PW - Susan Michael)
Councilmember Reports
24-13574 Subject: Councilmember Reports

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Cupertino City CouncilMay 6, 2025

Cupertino City Council
May 6, 2025